USA > New York > Chautauqua County > History of Chautauqua County, New York > Part 90
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Sometime prior to September 22, 1890, President Broadhead called at our office and instructions were given to proceed to accomplish the desired change of motive power, whereupon "consent papers " were drawn and circulated among the land owners, which were readily signed and the required majority obtained. With these in our pocket September 22, 1890, we appeared before our common council, and presented a petition from said company, which, among other things, after setting forth the incorporation, said :
The motive power contemplated in such incorporation was horse or animal power which, at the time of incorporation was most commonly used in our state and country for such purposes ; but that during the 7 or 8 years intervening, wonderful improvements have been discovered and devised, whereby the old power has become secondary ; and in the practical operation of street railways, electricity has already assumed the front rank. Indeed, it is astonishing how rapidly the book of nature, unfolded by the skill and genins of the human brain, has been and is revealing the unnumbered powers and agencies so generously and kindly pro- vided for us ; and no one department of this store house of wonders has yielded greater rewards than electri- city. In its adaptation to the demands and conveniences of the people, we find it supplanting both water and steam. Turning our eyes to the working problems of the world, electricity, in being harnessed to the uses of man, is made to illuimine the dark corners of the earth as it might lighten our streets and highways. Even that wonder of the world, Niagara, is converted into a lighting and power plant which may assume to operate the universe, if not compete with the Almighty. No wonder that, midst the light and power of such help, pommelled horse-flesh rejoices, and the driver and "gad" are rapidly becoming obsolete, soon to take their places among the enriosities of the age. When we realize that by this change the traveling public will be bet- ter accommodated, both in speed and comfort, that we get rid of constant accumulations of filth ; that our achings for over-worked, over-loaded and maltreated horses will vanish in the arrangement, that other benefits your honors can well comprehend will follow, we can but favor a shifting so freighted with substantial helps. In the accomplishment of all this, no single individual can pilfer all praise ; but men, women, city and people shall share the honors; and the man or men who, corporation or Common Council, grasps the opportunity, and, with firmness, perseverance and honorable conduct, shall press it to a success, will be respected by the present, gratefully remembered by posterity, and make for himself, themselves, or itself a record that shall mark a memorable era in the advance of our beautiful and enterprising municipality, The undersigned beg leave, although it may not be strictly necessary in the law, to ask your consent to its change of motive power from animal to electricity, to the extent of its chartered right and now in use by it.
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At the suggestion of our railroad commissioners and by the unanimous approval of our board of directors, this course was adopted with the belief that by so doing harmony between council and company would be main- tained, but, misunderstanding the intention of the company, and assuming it acted from legal necessity, the council seized upon the opportunity to impose exactions upon the corporation, which were new and unauthorized, such as reduction of fare, compensation for the privilege of changing motive power and limitation of right to 20 years. This petition was received and referred to a committee to consider and report, and the meeting adjourned to Sept. 30, 1890, when it met and made a report favoring the change, but attaching to the consent such conditions. After much labor an agreement was reached, whereby the company promised to reduce its fare during cer- tain hours of the day to three cents for the benefit of our working people. An adjournment was then taken to Oct. 6, 1890, to perfect the matter, but, before this time arrived, many of our councilnen had gone to visit railways in distant cities, and not returning in time for the meeting, the Mayor, fear- ing this might become substantial law, vetoed the resolution of agreement, acting as he claimed, from an understanding had.
Thus it was, everything was afloat, and, when the parties again came together, which was on Oct. 13, 1890, there was a bedlam of opinion and suggestions which evidenced that our petition had fallen 'midst combust- ible material that had ignited and the flames were spreading. Outside opposition to the company was apparent ; and that certain members of the council at least sympathised in this feeling, was evident from the votes they gave. No compromise could be reached at this meeting, and the company believing local consent not necessary, withdrew the application with notice it would be continued before the state railroad commissioners. Procrastina- tion appeared to be a material element of the opposition, a reason for which appeared when the fact came to light that a man named Newcomer had been in our midst for some time, and, with the aid of certain citizens, including some of the members of our common council, was struggling to create a new railway company in order to compete with the old company for the street franchises in our city. Who this stranger was can be learned from the Morning News of Oct. 14, 1890, which said :
I. W. Newcomer, of Willoughby, Ohio, is in the city, and is preparing to make a proposi- tion tor an electric street railway franchise whenever the common council is prepared to comply with the law and afford him an opportunity. He is representing a syndicate of gentlemen who are investing in this kind of enterprises, and intimates that they will be willing to pay a consid- erable sum of money for the right to use our streets. A little time in which to give this matter a little attention should be demanded by those who are free to act like men on public questions.
The News of October 11, 1890, had preceded the above as follows :
IN OUR HANDS ! Time with its change of circumstances has practically brought back to the citizens of this city the right to the street railway franchises ; for while it is true that the Jamestown Street Railway Company has a long-time franchise for a horse-power line, it cannot
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afford to operate it in competition with an electric line, and in spite of its bluff, it cannot change its motive power without the consent of the common council and approval of the mayor.
Being thus warned of the " stranger within our gates," on the morning of October 15 we prepared an application for extension of street franchises, including the most of our feasible streets not already owned by the company, and filed it with the city clerk to be acted upon at the next council meeting to be held on the evening of that day. Thus placing the old company ahead of Newcomer, we arranged to proceed before the state commission for the change of motive power, and let matters at home take the ordinary course. Mr. Newcomer was not yet ready to do business, his company not being organized, and so further delay became necessary. Ben. S. Dean was editor of The Morning News, than whom we had no one in our city more industri- ous, and, with his shrewdness in reaching the people and appeals to the prejudiced and disaffected, his paper was an instrumentality in opposition to the old company that might well be disliked, and, aided as it was during this controversy by one M. George Martyn, an intelligent and witty Irish- man, who figured in the columns of the News, and seemed to have a special hold of that class of community who are opposed to corporations, and claim- ing everything for " the people," beside then being something of a power " behind the throne," in working upon certain members of the council, fears were entertained as to the result of the last application made by the company for extension of franchises. Stimulated by these men and this paper, diffi- culties appeared which were to be overcome the best way possible. The Jamestown Evening Journal, the leading paper of the city, was ably edited, possessed an influence both useful and worthy, and was helpful to the rail- way company. Both these sheets were on the " rampage," and parties, par- tisans, company and council were certain of thorough ventilation. By way of aiding in delay the proposition was broached by this man Martyn, and a minerously signed petition therefor obtained, that Jamestown have a munic- ipal street railway plant. This was presented to the council and referred to Hon. George Barker of Fredonia, to give his opinion as to whether the city, as such, had the right to thus invest. After some time Judge Barker gave his opinion in the negative, and thus ended this " bugaboo."
Application before the railroad commission in Albany was noticed for October 28, 1890. In the mean time and on the evening of October 15, the council met, and therein appeared said Newcomer, who then and there made an application for delay, saying that, " by-and-by, he expected a new company would be incorporated and be ready to ask for something." At this meeting was also presented the second application of the company ask- ing for extensions. Both applications were referred to committees. Time passed on, and October 28, parties appeared in Albany, the company by President Broadhead and ourself, for leave to change motive power ; and the
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city by its attorney, R. G. Shaw, and counselor F. W. Stevens, in opposition. On application by the city an adjournment was taken to November 11, 1890.
In the Journal of Oct. 15, 1890, we find this :
It remains for the Common Council to dispose in a business like manner of the application of the street railway company for fresh streets. They should bear in mind that the people want an extension of the electric service and, at the same time, if any good is to accrue to the city from the granting of fresh franchises, the public interests should be carefully looked after. But the people have no patience with the spirit that would throw every possible obstruction and annoyance in the way of this great enterprise. * * * * Probably in no city of its size in the I'nited States, has there been such a bitter and persistent effort to prevent street railway com- panies giving the public decent service. In most places there seems to be a loud wail because they have not got electric cars. But, oh, blessed thought ! posterity may ride, and for their sakes we should be willing to plod through the mud.
It should be stated that, when before the commission in Albany, Oct. 28, no claim was made that the consent of local highway authority was neces- sary to this change; nor that the company had proceeded illegally. Mr. Shaw there stated : "There is one particular restriction or regulation upon which they are directly at variance, and that is the question of compensation from the company to the city, the payment of percentage on its gross receipts. That, as Mr. Lockwood has stated, was practically the rock on which we split." Mr. Stevens, on the same occasion, said : "The real rock upon which the parties split, as I get it by hearsay, is the question of compensation for making this change. Now, I do not know to what extent the common conn- cil will observe my judgement and legal advice in that regard upon that subject ; but I have already advised the council in that regard, that they have no power, so far as this line is concerned, to impose any such restric- tions at all ; and it is the city attorney's own views in the matter." Thus The Morning News was ignored, and the positions of the company admitted before this commission.
The street railway company at all times denied the right to exact com- pensations for simply the change of motive power, but admitted the right of the council to demand pay for the running franchise on new streets, and was always ready to compromise on that basis, the only question with it being the amount to be paid. Although promises were made the commission by the city attorney that, in case of an adjournment, the city would make efforts to compromise, nothing was done, and, on the adjourned day the parties again appeared. Attorney Shaw for the city. Arguments were made, and papers were presented and left with the commission. Anticipating the result, Attorney Shaw telegraphed the News what it might be, and November 12, the News came out as follows : "An outrage! "The people bed-d' is the answer to the protest in Albany against the granting of more rights to the Jamestown Street Railway Company. Will the people submit to the crowning outrage against self-government ?"
Within a short time the company was in receipt of the decision of the
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commission, granting the right of change of motive power as requested ; but imposing certain regulations or conditions, the company had agreed to. No reduction of fare or compensation was allowed. This was a substantial gain to the company, and the common council, the Newes, and Martyn felt the effects of it. Before this announcement the company had been hard at work preparing for the change, and, from that time forward, its energies were redoubled ; for it saw the emblems of victory and felt that it must win. November 5, 1890, had been fixed upon as the time to consider the company's application for new extensions, but on this occasion Mr. Newcomer appeared and, asking for further delay, another postponement for two weeks was granted, which would extend beyond the meeting in Albany, and enable him to get his new company in readiness. November 19, 1890, came, and with it the adjourned meeting. We were present and asked to be heard on the extension matter, but Mr. Newcomer arose and stated that the "Citizens Street Railway Company," recently incorporated, "asks the right to con- struct its lines on the streets before published." Obedient to this request, notice was now ordered to be published, and Councilman Hayward, one of the friends of the new company, moved the committee (that of procrastination) be discharged, which was done, whereupon Councilor Hoyt, another firm friend, moved an adjournment to December 8, 1890, for further consideration, which was carried, and OVER WE WENT.
While all these things were going on the old company had arranged with the towns of Ellicott and Busti for extensions of its line to Lakewood, which had been obtained. The required certificates had also been filed, and notices published and given of an application to the state commission for permission to operate said extensions with electricity. All in all the old company stood in pretty fair condition. The struggle had been long and tedions, but daylight now appeared and it felt encouraged. The one element now remaining was the new company with Newcomer at its head, aided by an opposition, which, though not extensive was persistent. This company had been legally incor- porated, and it should be, as it was, respected by the old company. In recog- nition of faithful service, as well as remembrance of an old friend, the News, soon after the birth of the new company, said : "Mr. Newcomer of the new railway company has every reason to feel gratified at his success in getting before the board on an equal footing with the old company."
Time passed on, and with it came great anxiety as to the outcome of the application for extensions. This was a matter before local authority, nor could the old company obtain the consent of the state commission until after this had been determined. It had been announced and understood as being the position of the council that the party, or company, that would offer the greatest financial benefit to the city, would get the new franchises, and in the ostensible view of bringing the companies in competition, council sent
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them written conditions on which the franchises would be granted, asking each company, on or before a certain time fixed, to send to it a bid based upon such requirements. The old company declined to do this, and so notified the council ; nor did the new company comply with the require- ments of council, but sent in a bid embodying new features. The council was captured by this and entertained it, but refused to accept any additional from the old company. Thus " out in the cold," the Jamestown Street Rail- way Company was looked upon as a bystander. Meeting was adjourned to December 17, 1890, for final action, when the old company was represented as usual. For the purpose of presenting the proceedings, as kept by city authority we quote from the clerk's minutes :
Mr. Willard moved the council go into committee of the whole for the purpose of further considering the bid of the Citizens Street Railway Company of Jamestown, N. Y., for the use of certain streets of the city for railway purposes. This was carried by one majority and the council retired. On reassembling in regular session, Mr. Ports read a proposition from the Jamestown Street Railway Company. The same was ordered filed. This proposition was : " That this company shall pay annually into the city treasury three per cent. of its gross earn- ings, beginning January 1, 1893, and continue to do so until said franchise expires. The said percentage to be upon the extensions only." Mr. Newcomer thereupon, in behalf of his com- pany, offered to do the same thing.
In the report, as part of the agreement of the new company, it was pro- vided :
The city of Jamestown shall and will open West First street, from Cherry street to Wash- ington, and grade the same so that the grade thereof shall not exceed four feet in 100 ; and that the said company shall have the right to lay, use and maintain double tracks on West First street from Cherry to Washington.
The company was to pay the city $20,000, but there was no agreement for any percentage on receipts. To open West First street would cost the city several thousand dollars, and to enter into this agreement with the new company was to entail upon the city these two companies. The proposed extensions of the companies were nearly alike except as to West First street. This proposition came up for a bid, and ourself, in behalf of the old com- pany, arose and made this proposition : "The Jamestown Street Railway Company will dispense with the opening of said West First street, and pay the city $22,000 for the franchise named by it." This was $2,000 in cash more than had been offered by the new company, and would have saved the city thousands more in relieving it from the opening of West First street. In good judgment we believe that this bid was best by at least $4,000 for the financial interests of the city, besides avoiding that continual controversy invariably occurring where two or more companies operate in the same local- ity. The question came to vote on this bid, and the council being equally divided, imposed the responsibility of deciding upon the mayor, who voted in the negative, thus excluding the old company and vesting the franchise in the new one. The effectual defeat of the old company was now accom- plished so far as the action of local authority was concerned, and the people
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concluded that Jamestown was to have two competing street railways, ex- cept, as by some prophesied and hoped, but never accomplished, the old company would pay a good " bonus " to get rid of Newcomer and his incor- poration.
One provision of the agreement imposed by the council was that a bond of $60,000 to be by it approved, should be filed, conditioned for the faithful performance of its part of the agreement by the new company ; that said bond was to be executed and filed on or before Feb. 1, 1891. On January 31, 1891, Mr. Newcomer appeared in council and asked for an extension of sixty days to comply with this requirement ; but, in the face of public senti- ment and interpretation of duty requirements, this was too much to grant, and, thereupon, council determined that, after having given ample time for compliance, and it not being done, the grant to the "Citizens Street Rail- way Company " should be annulled. For the purpose of affording this time, meeting was adjourned to Feb. 2, 1891. The day came and the meeting was continued to February 3, but nothing more being heard from Mr. New- comber (he was in our city at the time, as we were informed), the agreement with the new company was annulled, and the franchises awarded the old company. Thus ended Jamestown's great railway controversy to the delight of our people, save and except those whose interests and affections had become involved with and in the actions of this man Newcomer. Love for the Jamestown Street Railway Company was not the moving cause in making this final grant by council, nor would it have been done if reasonable avoid- ance could have interfered ; but the rights and interests of the people had been so long trifled with, patience and procrastination had ceased to be vir- tues, and this was the sole course to be pursued. Under the law only incorporated companies could compete ; and the new one having failed, the old and first one remained.
Reversed as now was the new company on the wheel of fortune, those who had been its advocates were obliged to appear in no enviable position either in the promotion of private enterprise or performance of public duty, and events had pointed out the way for local authority, while the new rights of the old company invested it with an importance that set at defiance its would-be haters. Yet, under these circumstances and though flushed with success, as from the commencement the old company admitted the right of the city to exact compensation for franchises on new streets, and in that spirit of concession which had characterised its action at all times, it agreed and became obligated to pay a certain percentage on receipts from the opera- tion of the road within corporate limits. Difficulties being thus ended, attention was directed to the furtherance of the railway project ; the old company, in good faith, in the promotion of public and private interests striving to carry out the purposes of its agreement by building for James-
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town a railway fully equal to the intention of its promoters, and worthy of the home they loved, as it should also be unexcelled in our state or country. Whether this has been accomplished or not let the history and present status of the enterprise determine.
Thus it was that February 3, 1891, became the ending and beginning of essential features of the Jamestown street railway enterprise. The service had not as yet extended outside of the city limits, and it was something of a question when it would do so with horse service, but the road was doing the best it could under the circumstances. The capital-stock had nearly all been taken, but needed outlays so exceeded receipts there had been no profit dividends declared. In this change to electricity the company saw encour- aging prospects, and the effort in that direction was fully warranted. Not- withstanding the recent controversies the company had been at work pre- paring for the change, so that this agreement of February 3, 1891, was only additional guaranty that the work would proceed. Matters had been pushed to that extent that, June 11, 1891, the first electric car passed over Third street, and June 13 electric service was fairly opened. All troubles having ended, June 23, 1891, the state railroad commission granted permission for the use of electricity on the newly obtained streets. This vested in the old company the essential street franchises in our city. From this time forward there seemed to be a marked change in about everything; although the horse road had brought many and substantial improvements, the electric promised much more. Our cemetery line was opened July 6, 1891 ; the line to Lake- . wood August 1, 1891 ; and that to Falconer August 30, 1891. With these routes added our car service became an important factor, bringing the resi- dents of Lakewood and Falconer to our door, making us neighbors, our busi- ness and social relations contributing to our mutual prosperity and financial benefit, and through this instrumentality I prophesy that Falconer will soon become, as it should be, a part and parcel of our city.
The most recent effort of the company has been in coursing along our lake shore to Celeron, the place of all others on Chautauqua lake at first deemed too obscure and difficult of access, otherwise than by the old land and water ways. The recent and progressing improvements at this place evidence a purpose to make of it a substantial resort for health, recreation and com- fort. The company now (June 1, 1894) operates about 20 miles of road. Its receipts from the last year of horse-car service were $16, 142,36, the number of passengers being 327,046. The receipts from the first year of electric ser- vice were $53,340.44, the number of passengers carried being 1, 170,618, the first year's excess of receipts being $37, 198.08, and that of passengers carrried 843,572. Its power-house, car-barns, living accommocations, office and busi- ness places are first class, while its tracks and ways of travel are conceded to be of comparatively high order. It were impossible to enumerate all the
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