109 Mass. 103 | Mass. | 1871
The St. of 1871, c. 343, provides that the Boston and Albany, the Norwich and Worcester, the Providence and Worcester, the Worcester and Nashua, and the Boston, Barre and Gardner Railroad Companies may and shall unite in a station in the city of Worcester, for the accommodation of the passenger trains of all said corporations. It further provides that the station shall be located on the northerly side of the main tracks of the Boston and Albany Railroad Company, between Green Street and Grafton Street, or upon the easterly side of Grafton Street, and not more than fifteen hundred feet distant therefrom. It does not determine which of these locations shall be adopted, but authorizes this court to appoint three commissioners to hear the parties and determine that question, and their report, being returned to the court and accepted, is to bind all the parties. The station is to be erected and kept in repair by the Boston and Albany Railroad Company, and is to be used by the other companies for compensation as prescribed by the act. It provides for a discontinuance of the present stations of the several roads, and authorizes the other corporations to extend their tracks and do whatever else is necessary to unite at this union station, and take lands for the purpose; and with the consent of the mayor and aldermen of Worcester grades of streets may be changed.
The commissioners have been appointed, and have selected one of the places designated in the act, for the station, and their report is presented to us for acceptance. Some of the parties
Proof is offered, that to extend the several railroads named to a union passenger station east of Grafton Street would make it necessary for each of them to extend its tracks a great distance, amounting in the aggregate to many thousand feet, and at a cost amounting in the aggregate to several hundred thousand dollars; and that these tracks must be laid through the heart of a populous city, and crossing over many highways, and lands must be taken now belonging to private persons. Some of the corporations have never assented to the act, and it is contended that their assent is necessary to its val’dity. Notice has been given by the commissioners to the parties above named; but it is contended that other parties not named were entitled to notice. For these reasons, and some others to be adverted to hereafter, both the validity of the act, and of the proceedings under it, are denied, and it is contended that the report ought not to be accepted.
On the other hand, the petitioners contend that the act is valid under the provisions of the Gen. Sts. e. 68, § 41; which are similar to prior statutes, affecting all railroads that have been chartered since March 11, 1831, and subjecting them to alteration, amendment or repeal at the pleasure of the legislature; and that the proceedings under the act are valid.
The court has repeatedly had occasion to consider the provisions of the General Statutes referred to. Fitchburg Railroad Co. v. Grand Junction Railroad Co. 4 Allen, 198. Commonwealth v. Eastern Railroad Co. 103 Mass. 254. Commonwealth v. Essex Co. 13 Gray, 239. Commissioners on Inland Fisheries v. Holyoke Water Power Co. 104 Mass. 446. In conformity with these decisions, we think that the act of 1871, c. 343, is a reasonable exercise of the right thus reserved to the legislature. In chartering a railroad corporation, and conferring upon it the power to exercise the right of eminent domain, a power is granted which is carefully guarded by the Constitution. The property must be taken for public uses. If the power were granted by the legislature for private uses only, the grant would be unconstitutional and void. The public use, for which it is granted to a railroad
It is contended that, if this act is sustained, it will imply a power in the legislature to require a railroad corporation to extend its track to the state line in any direction. This is putting an extreme case; but we have no occasion to consider such a case, for all the roads named in the act, and required to extend their tracks, have a terminus in the city of Worcester, and are to be extended only through a portion of the city to the station of the Boston and Albany Railroad. The power to require a track to be lengthened certainly exists to this extent, if it exists at all.
As the right of the legislature to alter, amend or repeal the charters of these corporations is absolute, and not dependent upon their consent, it is immaterial whether such consent has been given or not.
Nor was notice of the appointment or the proceedings of the commissioners necessary to be given to parties not specified in
Report accepted.
Colt, J., did not sit in this case.