A Railroad Wants Newport's Streets Forever — and One Lawyer Says the Constitution Forbids It

The rights of the people of Newport are at stake. Who will conserve her interest in the proceedings of the Idaho & Washington Northern, endeavoring to secure a perpetual and irrevocable franchise?

Article One, section 8 of the Constitution of the State of Washington, under the heading "Declaration of Rights," reads thus:

"No law granting irrevocably any privilege, franchise or immunity shall be passed by the legislature."

Are the powers and authority of the town council of the town of Newport greater and far more extensive than those of the legislature? No man of reason, with the rights of the people of the town at heart, would dare be heard to say that the council's powers are supreme over those of the legislature, and that it may give away or barter the use and occupation of the streets forever.

An act of the Washington legislature, passed Feb. 14, 1905, section 7054, Pierce's Code, limits the life of railroads and other corporations to fifty years. Par. 17, section 3523, Pierce's Code, Washington, enumerating the powers of a council of Newport's class to grant franchises, etc., says, "That it may pass such ordinances and resolutions not inconsistent with the constitution and laws of the state of Washington."

There certainly cannot be any consistency in the town council granting a perpetual franchise to a corporation which cannot exist in perpetuity.

If it was the height of wisdom to grant irrevocable and perpetual privileges and franchises, there is no doubt that the framers of our constitution would not have placed the stamp of prohibition upon such acts.

The governing body of Newport, and the hour, need a man of wisdom with an iron will. One that shall stand out boldly for, and preserve the rights of the people of the town against all constitutional encroachments. I believe we have several such and that they will not be found wanting at the crucial moment. It is also to be hoped that the people will not sit idly by and let their rights go flickering to the winds. All good citizens should rally to the aid of the council and assist in guarding the rights of the people by meeting the demand of the I. & W. N. for a perpetual franchise with a loud, vigorous and telling protest against this giving away of our streets forever.

This ordinance has already been passed to a first and second reading, and will, undoubtedly, come up before the council May 19th for final passage. Therefore it is of the utmost importance that every loyal citizen of the town should do all in his or her power to prevent the passage of this ordinance, granting a perpetual and irrevocable franchise in and over 400 feet of streets.

The ordinance should be amended, reducing the period to fifty years or less, and it is the earnest desire of the writer that all good citizens work toward this end.

It might also be well to call the attention of the council to the fact that the United States Federal Court in 1902, in the case of the Logansport Ry. Co. vs. City of Logansport, Ind., held, "that a city vested with exclusive power and authority over the streets of such city, cannot alienate such power by a perpetual grant to a railroad to build and operate its line in such streets."

Alva S. Sherlock.