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THE GREEN BAG

THE CHARLES RIVER BRIDGE CASE PART II BY CHARLES WARREN MEANWHILE the earnings of the new Warren Bridge had been so large that early in 1832, within about two years after its construction, the bridge had paid for itself, and therefore should under its charter become a free bridge. As, however, an adverse court decision might impose large damages on the corpora tion, it was deemed by the Legislature advisable to continue the tolls. Accordingly by act of March 24, 1832 (c 170), the tolls were extended until the last day of the first session of the next Legis lature. No decision having been rendered by the Supreme Court, the Legislature by act of March 28, 1833 (c 219), again extended the tolls, and provided that unless the Warren Bridge should give a suitable bond, the State should itself collect the tolls and assume the defence of the suit. The Warren Bridge gave its bond, and continued to collect the tolls, and to pay to Harvard Col lege the money required by its charter. The year 1833 passed without any decision from the Supreme Court. Meanwhile the same popular feeling was now growing against the Warren Bridge as had risen against the Charles River Bridge. The pub lic demanded that the bridge should become free. Nevertheless, Governor John Davis sent a special message to the Legislature, February 12, 1834, stating that he was informed the case was to stand over until 1835, and that "in order to do justice to all parties this will probably render further legislation necessary." Hence, by act of March 28, 1834 (c 131), the tolls were for a third time continued. The same action was attempted in the spring of 1835; but the opposition of the town of Charlestown and of petitioners

in 60 other petitions, demanding the abol ition of tolls, was so strong that the two branches of the Legislature could not agree on a bill. At the first session of the Legis lature,1 by act of November 4, 1835 (c 155), the tolls were continued until March, 1836, with the following proviso: ""That the tolls already collected and such as may hereafter be collected shall be exclu sively appropriated to the repairs and main tenance of such bridge, and other purposes relating thereto, and to the payment of all such sums of money as may be recovered by the proprietors of Charles River Bridge in any suit in law or equity." By this act the Warren Bridge Corpora tion lost all pecuniary interest in the tolls. A resolve of the Legislature of April 16, 1836, having directed the Governor to appoint a State agent to take charge of Warren Bridge, and the bridge having then become free of tolls, a great celebration was held in Charlestown to celebrate the event; and the noted lawyer and democrat, Robert Rantoul, was formally thanked for his "indefatigable exertions " in behalf of a free bridge. The event, however, was a serious one for Harvard College; for when the Warren 1 Lieutenant-Governor, S. T. Armstrong, on Septem ber 2, 1835, sent a special message to the Legislature saying: "Many well disposed persons expressed doubts as to legality of longer demanding tolls, strenuously con tended that Act of 1834, c. 131, had expired, and that there was no authority anywhere conferred by virtue of which tolls could be lawfully demanded, and that the Bridge had become a free public highway. . . . Our fellow citizens who are to be so much affected by the eventual decision of this protracted con troversy wait with patience and confidence for the removal of the burden of which they complain. . . . Will it not be best to consider and decide the question early and declare what is intended as our settled policy?"