520 



MASSACHUSETTS. 



in cities where licenses prevail ; to the constantly- 

 growing sense of disfavor with which the liquor 

 traffic is regarded by the community generally, and 

 to the powerful, systematic, and unrelenting activity 

 of those interested in it to break down the law and 

 the officers who try to enforce it. Here is evidence 

 that the statute does impose an effective and crip- 

 pling restraint from which relief is sought in the 

 elastic and easily-evolved province of license. Even 

 if some sincere friends of temperance prefer a strin- 

 gent license law to a prohibitory system, there can 

 be no denial that the men who have money and busi- 

 ness at stake in this contest are the most ardent and 

 urgent advocates of license, and I cannot doubt that 

 they understand themselves and calculate shrewdly 

 the advantage they will gain. * * ' 



Nor is the argument at all conclusive to my mind 

 that we should not retain upon our statute-books a 

 law that is in advance of public opinion on this sub- 

 ject. Law is in one sense a guide-board, pointing 

 out the course of conduct which, if followed, will 

 secure the greatest degree of good, and happiness, 

 and safety for all. Therefore it must often be large- 

 ly ideal in its character, and frequently in advance 

 of the general conduct of those subject to it, that it 

 may be an instructor and elevator, as well as a 

 source of restriction and punishment. To a law 

 committing the Commonwealth of Massachusetts to 

 a public acknowledgment that the sale of intoxicat- 

 ing liquors as a beverage is necessary and desirable, 

 I cannot on my conscience give assent. It seems to 

 me that the only safe and sound position for a 

 Christian community to take in regard to this mat- 

 ter is that of absolute and unqualified opposition to 

 the traffic. 



The vote on the motion that the bill pass, 

 notwithstanding the Governor's objections, 

 was 110 to 93, and it failed to pass for want 

 of a two-thirds vote in its favor. 



The formidable question of the whole session 

 was the means to be used for utilizing the 

 Iloosae Tunnel to the best advantage. Two 

 committee reports were made on the subject. 

 The majority of the committee submitted a 

 bill providing for the appointment of five trus- 

 tees to form a body corporate under the name 

 of the Trustees of the Boston Hoosac Tunnel 

 & Western Railroad, to control and manage 

 the line on behalf of the State. The trustees 

 were to be vested in trust with the rights of 

 the State in the Troy & Greenfield Railroad, 

 the Hoosac Tunnel and the Southern Vermont 

 Railroad, and to negotiate with the Troy & 

 Boston, Vermont & Massachusetts, and Fitch- 

 burg Railroads, with a view to the consolida- 

 tion of the lines under a common ownership 

 and management. All the details of the busi- 

 ness were minutely provided for. Another 

 plan was submitted by a minority of the com- 

 mittee, and various others were proposed from 

 time to time in the Legislature, but it was 

 found impossible, after long discussions and 

 complicated changes and amendments, to come 

 to an agreement on any one of them. Finally 

 the subject was disposed of by referring it to 

 "five competent and discreet persons as cor- 

 porators," to be appointed by the Governor, 

 with the advice and consent of the Council, 

 " who shall examine and report to the next 

 Legislature a plan for the utilization of the 

 Troy & Greenfield Railroad and Hoosac Tun- 

 nel, and- for the organization and perfection of 



one or more continuous consolidated lines of 

 railroad from Boston to the Hudson River by 

 way of the Hoosac Tunnel, with a view of 

 promoting the establishment of one or more 

 competing lines of railroad to the West." The 

 corporators were required in their report to 

 furnish " fall and specific information " on the 

 following points : 



1. What combination, or consolidations, or run- 

 ning arrangements, can be made by and between the 

 Commonwealth, as owner of the Hoosac Tunnel, and 

 Troy & Greenfield Kailroadj and any other railroad 

 corporation of this State, with a view to organizing 

 a through railroad route between Boston and Lake 

 Ontario or the West. 



2. What connections or arrangements can be made 

 between the Hoosac Tunnel and the Troy & Green- 

 field Eailroad and any persons or corporations with- 

 out the Commonwealth, with a view to establishing 

 such through route, and the terms and conditions on 

 which the same can be effected. 



3. To ascertain what legal rights have been re- 

 served at any time to the Commonwealth in respect 

 to taking possession of the roads of any corporation 

 connecting with the said Hoosac Tunnel and Troy & 

 Greenfield Railroad, and through what process and 

 at what probable cost such rights could be exer- 

 cised. 



4. .On what terms the railroads connecting with 

 the Hoosac Tunnel and Troy & Greenfield Railroad, 

 as a through line from Boston to the West, could be 

 purchased or leased by the Commonwealth. 



5. What contracts have been entered into between 

 the Commonwealth and corporations operating any 

 roads connected with said Hoosac Tunnel and Troy 

 & Greenfield Railroad, together with their opinions 

 as to the purport, value, and binding effect of such 

 contracts. 



6. In addition to the foregoing, the said commis- 

 sioners shall further give such other information 

 and offer such suggestions and recommendations in 

 regard to the management, development, or disposi- 

 tion, to be made of such railroad and tunnel as they 

 may deem expedient and for the interest of the 

 C ommonwealth . 



7. They shall, immediately after their appoint- 

 ment, proceed to examine the different railroad 

 routes between the Troy & Greenfield Railroad and 

 Lake Ontario, for the purpose of recommending the 

 best through route or routes for transporting the 

 products of the West to the seaboard, in the inter- 

 ests of the citizens of the Commonwealth. 



As usual, a large number of petitions were 

 received asking for the right of suffrage for 

 women. These were referred to a committee 

 who gave hearings on the subject and listened 

 to all that advocates or opponents of the pro- 

 posed change had to say. After six weeks 

 devoted to the subject, a majority of the com- 

 mittee reported to the Senate a resolution 

 providing that the 'word "male" should _be 

 stricken from the sections in the constitution 

 relating to the right of suffrage. This report 

 was signed by eight members of the commit- 

 tee, while three united in a minority report 

 arguing against the change. 



The Senate rejected the resolution submit- 

 ted, by a vote of 19 against it to 14 for it. 



An important act, affecting the rights of 

 husband and wife, was passed as follows : 



SECTION 1. A married woman may convey her 

 shares in corporations, and lease and convey her 

 real property, and make contracts oral and written, 



