The Good Old Days!

The village of Tottenville was located in the old town of Westfield, which is now Ward 5 of the Borough of Richmond. The village was first incorporated by a special act of the legislature in 1869. It was reincorporated, however, under the General Village Law in 1894, and its area somewhat diminished. No record has been found of any electric lighting franchises granted prior to the reorganization of the village.

The only electric lighting franchise granted by the village of Tottenville seems to have been granted by the village board of trustees on November 17, 1897. It appears from a document filed with the City Division of Franchises that the original application of the New York and Staten Island Electric 'Company was dated April 20, 1897, and that in this application the company agreed -to be subject to such reasonable regulations as might be prescribed by the village authorities. The company also promised, in case its application was granted, to light all public buildings in the village free of charge, to pay into the village treasury 1/2 of 1 per cent of its gross receipts and to purchase the existing lighting plant of the village for the sum of $250. Mr. Nichols states in his report that the company's application was received by the village board October 5, 1897, and was then placed on file to be taken up at the next regular or special meeting. He also states that the matter was taken up at two meetings in October, 1897, but final .action was postponed until the counsel could advise the board as to whether or not the franchise could be granted for fifty years. The counsel's advice seems to have been to the effect that this could not be done. The franchise was finally granted at a special meeting held November 17, 1897. Under this franchise permission was granted to the company for 25 years " to lay, erect and construct suitable wires or other conductors with necessary poles or other fixtures in, on, over and under the streets, avenues, highways, parks and public places of the village of Tottenville, for the purpose of carrying on the business of lighting by electricity and furnishing electricity for heat and power to the public and private parties in the said village of Tottenville."

This franchise was in the form of a contract, signed by the president of the village and the village clerk and by the president of the company. The company accepted the franchise subject to conditions rather more stringent and specific than usual. For example, the quality of the light, power and heat was to be approved by the village trustees and their engineer or their successors and legal representatives. Lamps, both arc and incandescent, were to be " operated constantly and without interruption during the continuance of said franchise when required for use, with the full strength of not less than 25 candle power for each incandescent lamp."

The company agreed to furnish, operate and maintain " all lights and lamps in all the public buildings of said village, including public schools, churches, village halls and fire 'department houses, now erected or that may be hereafter erected during the continuance of this franchise, and three arc lights to be placed where said board or its successors shall designate, free of charge; supplying such lamps as will thoroughly light such public buildings."

The company also agreed to pay to the village during the continuance of the franchise 1/2 of 1 per cent of its gross earnings derived from business done within the village limits. The books of the company were to be opened for the inspection of the village so far as related to " the business, receipts and earnings " within the village limits.

The maximum charges to private consumers were not to exceed one cent an hour for a 16-candle-power electric incandescent lamp, and in the same proportion for other incandescent lights; and $100 for an electric arc light. All electricity required was to be operated constantly and without cessation or interruption during the continuance of the grant.

This franchise contained clauses similar to those in other franchises in Staten Island relating to bonds to assure faithful performance of the grant, care of wires, lamps and poles, supervision of street work, injury to property, etc. The company also agreed to bury its wires " under ground and in subways to be approved by said Board of Trustees " within four months after being notified or requested to do so by the trustees or their successors " at all crossings of streets, -avenues, highways, parks and public places where life and health of the public are endangered by its suspended structure." The determination of the village authorities was to be final on this point.

The trustees stipulated that the franchise " should not be deemed to confer or in any wise construed to be an exclusive right or privilege to and upon said company, * * *, and it is not intended in any wise to prevent or prohibit said village from granting rights or privileges or making -any grant, exacting any consent or agreement with any party or corporation for similar purposes or objects."

This franchise was to " become and be null and void and wholly cease and determine upon the failure of said company, its managers, successors and legal representatives to keep and perform each, every and all of the terms, conditions and provisions contained herein and prescribed hereby." The company agreed under such circumstances to remove all wires, structures, poles, etc., above and underneath the surface of the ground at its own expense, from all the parks, highways, roads, streets, avenues and lanes of said village, and to restore the streets and public places to their original condition. In case the company failed to remove its fixtures as required the village was given the right to do so at the cost of the company, its successors or legal representatives, " which it or they shall pay 30 days after demand in writing."

The franchise was not to become " effectual for any purpose whatever until and unless " the company filed with the village clerk within 10 days its written acceptance. In case it failed to do so and to file a copy of its certificate of incorporation " then its franchise shall be null and void and of no effect whatsoever without any further action by or on the part of the village of Tottenville, its officers, successors and legal representatives." The only " acceptance " of this franchise shown in the documents filed with the Public Service Commission is the signature " New York & Staten Island Electric Company, Edward P. Doyle, President," attached to the document under the name of the village president. It appears, however, from the document already referred to as being filed with the City Division of Franchises that the company by a statement under its seal, signed by its president and secretary, accepted the franchise on the day it was granted.