THE STATE AND THE STREET RAILWAY stantly in mind, for they are of great im portance in considering the development of the system since 1887 when the introduc tion of electricity as a motive power, and the great multiplication of companies and increase in street railway mileage began. That year ended the period of construc tion of street railways to be operated by horses. The use of electricity as a motive power began the following year; and within a few years had everywhere superseded the use of horses on existing railways. At the same time the legislature began to abandon the employment of purely local bodies like aldermen and selectmen as its agents in the exercise of authority in the field of street railway construction and operation. Some years previously the legislature had established the Board of Railroad Commis sioners. A brief description of the purpose, functions, and character of this board will explain its prominence in street railway matters since 1887. The original design was to create, somewhat on the lines of the recently established Bureau of Corporations at Washington, an advisory commission to obtain full and intelligible reports covering the results of the operation, the financial transactions, and the physical condition of the railroads in the state, and to transmit to the legislature each year the information obtained, with suggestions and recommenda tions of legislation. Unlike the purpose in creating such commissions in many other states, the Massachusetts commission was intended to be little more than advisory, and, except in some minor details, was given no absolute authority. This original design has been generally followed during the thirty-two years of the board's exist ence. Even to-day, after a continuous ex tension of its jurisdiction, a careful exami nation of its functions shows that its powers are chiefly in the nature of a veto. There is little action which it can order a corpora tion to take, but the number of corporate acts forbidden, unless its approval has been obtained, covers a wide range of subjects.
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With the exception of a few years, during which, under carefully limited restrictions, this board could compel reductions in street railway fares, and this exception no longer prevails, its only power with respect to both passenger and freight rates has been to hear complaints in specific instances, and to make recommendations of changes in cases deemed by it desirable and just. All such recom mendations must be included in its annual report to the legislature. So fair has been its action, however, that the writer recalls but one instance in which a corporation has refused to follow such a recommendation. In that particular case the legislature, after considering the report and recommendation, authorized the board by a special statute absolutely to establish the new rates. The commission is made up of three members, and a position upon it is regarded as a high honor; of the five lawyers who have acted as its chairman, one had re signed from the bench of the Superior Court, the great trial court of the Com monwealth, and another had declined ap pointment as a justice of the same court. All five have been men of high personal character and of undoubted professional at tainments. In the two other members of the board, it has been customary- to seek a representative business man, conversant with the effects of transportation on general business, and a practical railroad man, fa miliar with the problems of railroad opera tion. During all its history there has never been even a hint that any action of the board was influenced by corrupt or im proper motives. To this board, in the evolution of the street railway policy since 1887, has been transferred, either absolutely or indirectly, the greater part of that authority formerly delegated by the legislature to boards of aldermen and selectmen. The legislative action by which the au thority of boards of aldermen and select men has been either entirely superseded or else rendered ineffectual without the ap
