by simply increasing the rate of fare (or decreasing
the service) on its roads; for, as the above writer
suggests, it is absolutely necessary for the people
to use the street railway whatever the rate of fare or
the condition of the service. This very fact, how
ever, has caused the courts to rule that this ques
tion of fares and service is a public question to be
decided not by the company, but by the public
through their official commissioners, and thus with
in the last few years in many cities “the goose that
lays the golden eggs” has been killed.
The Franchise
Although franchises should not be capitalized,
yet they are absolutely necessary to the operation
of all public service corporations. A charter of a
street railway company differs little from the char
ter of a manufacturing or business corporation.
The charter is obtained from the state, and is
simply a permission to organize a company for
carrying on a certain line of business without
inflicting personal liability upon the owners.
Although in some states the charters are for a
limited number of years, yet they can almost
always be renewed, and practically speaking, are
perpetual. The fact, however, that a charter is
perpetual is usually of no special interest to the in
vestor. What the investor is interested in is the
franchise, which is an entirely different matter.
To obtain a charter for a company is usually a
matter of form; but after the charter is obtained
and the company is organized, to obtain a franchise