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Hearing on the Hoosac Tunnel Consolidation, Before The

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Hearing on the Hoosac Tunnel Consolidation, Before The REPORT: FIRST HEARING HOOSAC TUNNEL CONSOLIDATION, BEFORE THE COMMITTEE ON KAILWAYS. January 29, 1873. BOSTON WRIGHT & POTTER, STATE PRINTERS, No. 19 Province Street. 1873. Commotujoealtt) of JttasBcu^nMts- House of Representatives, January 30, 1873. Ordered, That the report of each daily hearing before the Committee on Railways, upon matters relating to the consol- idation of railroad lines leading from Boston to the Hoosac Tunnel, be printed for the use of the legislature under the direction of said committee. Sent up for concurrence. Chas. H. Taylor, Clerk. In Senate, Jan. 31, 1873. Concurred. S. N. Gifford, Clerk. REPORT. The hearing before the Railway Committee, in regard to the consolidation of the Hoosac Tunnel lines of railroads, was commenced on Wednesday morning, Jan. 29th, 1873, on the petition of the Vermont and Massachusetts Railroad Company for a bill to consolidate the Fitchburg, Vermont and Massa- chusetts, Troy and Greenfield and Troy and Boston Railroad Companies into one corporation to be called the Hoosac Tun- nel Railroad Company. George O. Shattuck, Esq., appeared for the Massachusetts Central Railroad, Hon. A. W. Rice for the Boston, Barre and Gardner, Mr. Mills for the Williamstown and Hancock Rail- road, John B. Goodrich for the Fitchburg Railroad, Samuel W. Bates, Esq., and Judge Thomas for the Vermont and Massachusetts road, and ex-Attorney-General Charles Allen for the Troy and Boston road. The hearing was held in the Green Room, and there were a large number of prominent railroad men present. In opening the case for the petitioners Judge Thomas said he represented what had been supposed to be from the begin- ning the established policy of the Commonwealth in the con- struction of the Tunnel road, and that was the opening of a new, distinct and independent railway to the West. The only new question which occurred to him was the consolidation of these roads, and this had perhaps been settled by the railroad experience of the last few years. There were two questions that came up in settling the matter ; first, whether, in view of the property which the Commonwealth has in the Tunnel and in the roads connecting with it, this measure were a wise one, in view of a wise and prudential use of the prop- erty ; and secondly, whether it is a wise use of the property with reference to the larger interests which the people of the 4-6-m Commonwealth have in this enterprise. He wished to suggest that this question be heard as one question, and if any one had an interest which was opposed to this movement that it should be heard now ; that all parties who are opposed to the general policy of the consolidation of this line should now be heard, whether it be the Boston and Lowell, the Fitchburg or the Commonwealth, that the petitioners may have an oppor- tunity to reply to all objections that may be made. The Chairman said the Committee had decided to give the usual hearing upon such matters, and of course in this case they would have the privilege of the closing argument. Mr. Bates said they did not propose to put in any witnesses unless they were needed, but would like to have the case left open that they might have an opportunity to put in rebuttal testimony if it were needed. THE OPENING ARGUMENT. Mr. Allen, counsel for the Troy and Boston road, said if it were agreeable he would make a little opening statement in support of the petition of the Vermont and Massachusetts Company, for the consolidation of the roads from Boston to Troy. Heretofore and for many years it had been the custom of those who had felt an interest in the establishment of a new through line to the West, to appear before the legislative committees of Massachusetts, for the purpose of persuading the legislature and the public that the Tunnel was worth building ; and for that purpose, for year after year, with great variety of detail and with a persistency well known of all men in Massachusetts, they had laid before the legislature and its committees, statistics going to show the advantages that would come from the establishment of this road, and showing the distance that would be saved between here and the West, and the differences in grade between this road and others running from the West to the East. To-day that argument is settled. The Tunnel is now virtually an established fact ; unless every reasonable prediction fails, the early autumn will witness the complete penetration of the mountain, and next year will see the line between Boston and Troy in full operation. The question which arises now, to demand the attention of Massachusetts, is what shall be done with the line which is so soon to be finished ? The present situation of affairs is that the line which is to be opened to Troy, within the next eighteen months, from Boston, is owned by four distinct com- Massachusetts, panies, viz. : the Fitchburg, Vermont and Troy and Greenfield, which embraces the Hoosac Tunnel and is the property of the Commonwealth, and the Troy and Bos- ton, running from the western line of the State to Troy, a distance of 35 miles. These four leading interests now con- trol the management of this great line of roads. What is to be done? It has always been the case, since the first idea was enter- tained of creating the Troy and Greenfield road, which includes the Hoosac Tunnel, that the line of road between Boston and Troy should ultimately be managed and operated as one line. He did not say that it was the original contemplation that they should be consolidated into one corporation, because perhaps the details of the methods on which a uniformity of action should be brought about had not been distinctly arrived at. But it was from the outset, and has been until the pres- ent day, the general expectation that this line of railroad should be operated as one, and that there should be the benefit of a harmonious management. This is shown by all the official and public action taken by the Commonwealth and by the roads composing the line. In the first place, the original charter of the Troy and Greenfield road, which was passed in 1848, chapter 307 in section 8, provides that the corpora- tion may contract with the owners of any contiguous roads, or make arrangements for the letting or hiring of any other con- tiguous roads which compose a part of the railroad line between the cities of Boston and Troy, of which they are a part. So that as early as the first grant of the charter there was an express recognition that it was chartered with a view that it should form a part of the continuous line of railroad between these points, which should be operated in harmonious action. Then, in the year 1856, the Troy and Boston road took a lease of the Southern Vermont Eailroad, which has been pub- lished among the documents of the State. That lease provides that the parties to the contract shall use their/ influence to bring about a proper and equitable consolidation of the Troy and Boston, Southern Vermont, Troy and Greenfield, Ver- mont and Massachusetts and Fitchburg roads. This was the first formal pledge of these companies to labor distinctively for the object which is now presented to the people of Massa- chusetts for their consideration. In redemption of this pledge, the Troy and Boston Kailroad have always looked to that end, and is here to-day to lend its influence and surrender its prop- erty in order that the road may become a part of such a con- solidated line. In the following year, 1857, there was an agreement made and entered into between these four roads, to seek to bring about the consolidation of their various inter- ests. The agreement was dated July 1, and looked to the operation of all the roads as one line, so far as that there shall be a continuous line between Troy and Boston. It also pro- vides that when the said tunnel is done, and the Troy and Greenfield road is finished, connecting with the Vermont and Massachusetts, that they shall maintain permanent joint tariff on passengers and freights, at such fair rates as will best com- mand and control the business of the country which can be attracted. In 1863, after the report of the Brooks Commission, appointed by Gov. Andrew to look into the management of these roads, an agreement was made that in consideration of the expectation that the Commonwealth would go on and com- plete the tunnel, these several roads agreed to pay to the Commonwealth, after the time when the tunnel was completed, twenty per cent, of their gross receipts from passengers or freight coming over any part of the Troy and Greenfield road, until the receipts and revenues of the State from their road should amount to six per cent, upon a certain sum—the cost. Mr. Chisholm.—Was not that an inducement to the State to go on and build the road ? it Mr. Allen. —Certainly was ; but Gov. Andrew congratu- lated the legislature that the committee was fortunate enough to secure it. With regard to some matters a little more particular. The Troy and Boston road was laid out and constructed with ref- erence to forming a portion of the through line, at no matter what the expense was to be. It is constructed with the fewest possible curves and at the least possible grade ; and in doing — so, several important and flourishing villages have been avoided.
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