THE BONDAGE OF CITIES - The Community Environmental Legal ...

TO POLITICIANS AND MONOPOLISTS MUST CEASE. 461In Massachusetts, the aldermen of a city and selectmen ofa town may, after a hearing, grant or refuse locations for streetrailways. Local consent is also necessary for gas and electriclight.In the case of telegraph and telephone companies withstate franchises the local authorities may design ate (but cannotrefuse) locations for posts, etc., and may make reasonableregulations subject to appeal to state courts. Aside from this~the selectmen of a town may grant telegraph and telephonefranchises to individuals or companies and control them entirely.(Pub. Stat. c. 27, 45, 48.) 45 reads as follows:"The selectmen, upon such terms and conditions as theymay prescribe, and subject to the provisions of chapter 109,as far as applicable, may authorize any person to construct aline of electric telegraph for private use upon and along thepublic ways of the town. Uponthe erection of such line, theposts and structures thereof within such ways shall become theproperty of the town, and the selectmen may regulate and controlthe same, and may at any time require alterations to bemade by the parties using the same in the location or erectionthereof, and may order the removal thereof, having first givensuch parties notice and an opportunity to be heard. The townmay at any time attach wires for its own use to such posts andstructures and the selectmen may permit other persons to attachwires for their private use thereto or to posts and structuresestablished by the town, and may prescribe such terms andconditions therefor as they deem reasonable,"A similar law exists in Vermont.JSTote the clause making the telegraph posts and structuresmunicipal property immediately upon erection. Why shouldnot the same principle be applied to every local service thatbuilds its works in the streets? Allow a reasonable franchiseterm, but put the title to the property in the municipalityeither at the start or at the expiration of the franchise period,without further compensation than that involved in the franchisegrant for the said term.A great deal more space could be devoted to these matters,but we will content ourselves with the following summary intabular form, which shows at a glance the principal provisionsrelating to local consent and powers of grant.