Toll bridge

“ Ferries, turnpikes, railroads, toll bridges and common roads, are equally public ways; differing only in the manner of their creation. Each act of location is an exercise of sovereign power; and the easement thus acquired is paid for by the people; either directly, from the public chest, or indirectly, by tolls. But the laying out of a common road has never been supposed to violate the charter of a neighboring turnpike, however it may impair its tolls ”

“ We assume, without detailed examination, that the legislation so portrayed indicates that in the period next preceding 1872, when the provisions of § 2846 were enacted, the State had adopted the policy of safeguarding operators of toll bridges against rate reduction by county boards below specified levels. But that fact may not be employed to arrive at a construction not indicated by the language used. ”

“ Water lapped against the boat, and moving lights crawled across the distant toll-bridge. Dr. Stone said, “Not much action, Joe,” and the headlights of a car swept toward the lake. They stopped near the planking and snapped out. By and by oars creaked and splashed loudly, a dark shape moved toward the toll-bridge, and voices came across the water.
“Why the toll-bridge, Rog?” the sharp voice asked.
“Use your head,” the genial voice answered. “There’s plenty of light down there. Somebody may see us trying to haul in a big one.” ”

“ A toll bridge, or a free bridge, or a bridge, which, like this, is used as part of a railroad line, charging no tolls eo nomine, but a fare for being carried over the whole route, in which compensation for the use of the bridge is included, all are within the object and intent of this prohibition. They all carry passengers, animals, and freight, that without them would pass over this bridge of the plaintiffs and pay tolls. ”

“ It was further resolved that the association recommend to the Committee on Interstate and Foreign Commerce of the Congress of the United States that it withhold its approval of any measure authorizing or consenting to the construction of a privately owned toll bridge on the state or Federal Aid highway systems unless after a thorough investigation the committee has determined that there is a lack of financial resources or intention of the proper political subdivisions to finance and construct a free or publicly owned toll bridge ”

“ Not a shadow of authority has been introduced, to establish the position of the defendants, that the franchise of a toll-bridge is confined to the planks of the bridge; and yet it seems to me, that the onus probandi is on them; for all the analogies of the common law are against them. They are driven, indeed, to contend, that the same principles apply to ferries, which are limited to the ferry-ways, unless some prescription has given them a more extensive range. ”

“ A resolve to make the bridge a toll-bridge was an incidental matter, that might or might not be valid, and might or might not be carried out, if valid, without affecting the main purpose,-the construction of the bridge, or the bonds issued in aid of its accomplishment. ”

“ The gentleman from Milford lives near the old Washington toll-bridge, which spans the Housatonic River, and he doubtless remembers, as I do, when the Boston and New York stages crossed that bridge, and the coachman would always denounce the “infernal bridge monopoly” which compelled him to pay a dollar every time the stage crossed. The passengers would generally laugh and say: “Let him pay, it’s nothing to us; we are only passengers.” Some twenty years ago, one of the gentlemen accustomed to travel in that stage, was crossing the Atlantic in a steamship. ”

“ Just below Richmond, on the borders of the Middlesex village of Isleworth, there is a foot-passenger toll-bridge, with what is known as a half-tide lock. The arches of this bridge are open to river traffic during the first half of the ebb-tide and the second half of the flow, but the River is dammed for the remainder of the day in order that sufficient water may be kept in the stretch immediately above. ”

“ To the river the city owes its origin, and for a century and more its river commerce was predominant. It is now the great obstacle to connection between the termini of lines on opposite sides of the river and any entry into the city by eastern lines. The cost of construction and maintenance of railroad bridges over so great a river makes it impracticable for every road desiring to enter or pass through the city to have its own bridge. The obvious solution is the maintenance of toll bridges open to the use of any and all lines, upon identical terms. ”

“ And if an action lies for an obstruction of passengers, because it goes to impair the right of toll, and to prevent its being earned, why does not the diversion of passengers from the bridge by other means, equally give a cause of action, since it goes, equally, nay more, to impair the right of the plaintiffs to toll? If the legislature could not impair or destroy its own grant, by blocking up all avenues to the bridge, how can it possess the right to draw away all the tolls, by a free bridge, which must necessarily withdraw all passengers? ”

“ To cross some of the bridges in London it is necessary to pay a trifling toll, which goes toward the repairs of the bridge. The charge for each pedestrian on Westminster and Waterloo Bridges is half a penny each—for a horse one penny. As the cab dashed up to the turnstile at Waterloo Bridge, the toll keeper came out to take his dues, a gruff looking fellow wrapped up in a big hairy coat. He took the two pence grumblingly, and just at that moment I noticed a woman coming up to the toll-house in a gaudy looking silk dress, and having a soiled velvet wrapper about her shivering shoulders. ”

“ The sun rolls blazing through the sky, and cannot find a cloud to cool his face with. The horses toil sluggishly along the bridge, and heave their glistening sides in short quick pantings, when the reins are tightened at the toll-house. ”

“ Fix the rate of tolls which may be collected for crossing the bridge * * * which must not raise annually an income exceeding fifteen per cent on the actual cost of the construction or erection and maintenance of the bridge * * * for the first year, nor on the fair cash value together with the repairs and maintenance thereof for any succeeding year ”

“ As yet nature is but half awake, and familiar objects appear visionary. But yonder, dashing from the shore with a rattling thunder of the wheels and a confused clatter of hoofs, comes the never-tiring mail, which has hurried onward at the same headlong, restless rate all through the quiet night. The bridge resounds in one continued peal as the coach rolls on without a pause, merely affording the toll-gatherer a glimpse at the sleepy passengers, who now bestir their torpid limbs and snuff a cordial in the briny air. ”

“ The toll-gatherer asserted that sometimes, on the darkest and most stormy nights, when no object could be discerned about the time Rugg was missing, a horse and wheelcarriage, with a noise equal to a troop, would at midnight, in utter contempt of the rates of toll, pass over the bridge. This occurred so frequently that the toll-gatherer resolved to attempt a discovery. Soon after, at the usual time, apparently the same horse and carriage approached the bridge from Charlestown square. ”

“ But appellant contends that under the franchise it has a contract right that the bridge tolls shall not be reduced by the public authorities unless it shall first appear that they are yielding a rate in excess of 15 per cent upon the rate base specified by §§ 2845 and 2846, Political Code.
§ 2845. 'The board of supervisors granting authority to construct a toll-bridge * * * must at the same time: * * * '2. Fix the amount of license tax to be paid by the person or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable annually ”

“ The Carquinez franchise specifies, until otherwise ordered by the commission, tolls applicable to other classes of traffic crossing the bridge, namely, bicycles, carts and wagons, commercial or delivery automobiles and motor trucks, ditchers, harvesters, etc., cattle and stock, motor stages to which commutation rates are applied when operated as specified, freight, hearses, horses, motorcycles, and trailers. ”

“ In this case, the original toll, of say 10 cents a head, may have, in the early days, only barely returned a meager rate of interest on the investment, or even for some years resulted in a deficit. Would the Sun uphold the owners of the bridge if, since the villages have grown to cities, they still insisted on collecting the original toll, if it could be shown that a new bridge could be built and would be a paying investment with a toll of, say, 2 cents, except for the fact that the original bridge was built in the only location where it was practical to build a bridge at all? ”

“ Sidewalks for foot passengers are reserved, but pedestrians take the roadway quite as often, and from six o’clock in the morning until nearly midnight the bridge is thronged by two endless streams of humanity passing both ways. At either entrance are groups of toll collectors wearing long white tunics to distinguish them from the rest of the public, and they hold out their hands to receive the coppers from people who walk and people who ride. Everybody has to pay except the high officials of the government—usually great, fat pashas, who are identified by the livery of their coachmen. ”

“ Two arched gate-ways are formed through this gigantic structure, leading to the two intended carriage-ways across the straits. Over the apex of this pier, the four massy p. 13chains hang in firm but graceful festoon. We traced them nearly to their fastenings in the rocks, and were astonished at the amazing strength and security of the whole work. Between the fastenings and the pier we noticed the erection of what seemed designed for the toll-house; a handsome building, rising up to, and amongst the chains, as if the bridge were to derive its support (and perhaps it will) from the toll house. ”

“ Now, I put it to the common sense of every man, whether if, at the moment of granting the charter, the legislature had said to the proprietors; you shall build the bridge; you shall bear the burdens; you shall be bound by the charges; and your sole reimbursement shall be from the tolls of forty years: and yet we will not even guaranty you any certainty of receiving any tolls; on the contrary; we reserve to ourselves the full power and authority to erect other bridges, toll or free bridges, according to our own free will and pleasure, contiguous to yours, and having the same termini with yours ”

“ What it must have been formerly, when it was the only passage across the Thames, we know not; but after the introduction of a toll, the rent at which I have told you it was farmed, affords some general idea of its importance. In July, 1811, however, when the Southwark Bridge was projected, the Directors of that Company attended one whole day, to ascertain the probable amount of passengers, &c. over London Bridge; when it was found that 89,640 persons on foot, 769 waggons, 2924 carts and drays, 1240 coaches, 485 gigs and taxed carts, and 764 horses, went across it. ”

“ When, however, the tolls have repaid with interest the whole of the expenditure, the road or bridge should be thrown open free of toll, that it may be used also by those to whom, unless open gratuitously, it would be valueless ”

“ Mere figures do not suffice to give an idea of the majesty and sense of vastness conjured up by Clifton Suspension Bridge, viewed either from below, or along its lengthy roadway; the picturesqueness of the situation has also to be taken into account. But they must needs be given. The suspended roadway between the two great towers is 703 feet in length and some 34 feet wide, and hangs 245 feet above the river Avon. The towers themselves are 80 feet in height. The entire weight of the bridge is 1,500 tons. The toll payable by foot-passengers is the modest one of one penny each. ”

“ Right here we come upon ground fertile for the raising of toll-road propositions. The general public, which wants and truly needs modernized highway and bridge facilities, is made to appear at times to be unwilling to pay for what it wants and needs. In California, recently, after a most careful study of the highway needs of the entire State by a joint legislative committee, aided by competent advisors, plans were projected for a program of general highway improvement extending over a future period of a number of years. ”

“ Every boat and vessel that went through had a toll to pay, and the manner of collecting this toll was not the least singular part of the whole procedure. While the bridge was up, and when the boat had passed nearly through, the helmsman, or helmswoman, as the case might be,—for one half the boats and vessels seemed to be steered by [Pg 99] women,—would get the money ready; and then the tollman, who stood on the abutment of the bridge, would swing out to the boat one of the wooden shoes above described, which was suspended by a long line from the end of a pole, like a fishing pole. ”

“ Tolls are still taken at the Bridge. Foot-passengers and cyclists are alike charged a penny each, and flys and cabs a shilling; the charges running up curiously to half-a-crown for a stage coach, and three shillings for a “post-chaise, coach, landau, berlin, or barouche, or other vehicle with four wheels and four horses.” These charges are arranged so as not to press too heavily upon the inhabitants of either side, and one payment frees the bridge for the rest of the day, the payer of one toll being allowed to come and go as often as he pleases up to twelve o’clock, midnight. ”