The daily press. (Cincinnati [Ohio) 1859-1859, 1859-05-20
8 TIA T E M E NJ T
"The Cincinnati Street Railroad Co.

"The Cincinnati Street Railroad Co.
As this Company have instituted proceedings
In the Probate Court to appropriate to their ute
certain streets Of the city Of Cincinnati, for the
purpose Of laying down rails for Street Rail
road, they deem 1t proper TO state the reasons
which have impelled them to adopt this course.
This Company was duly organized on the
9th Of November, 1858, under the general in
corporation act of the State Of Ohio, passed
May LIST, 1852, and Immediately after their or
gani1ation, petitioned the City Council to grant
TO them the right to use certain streets, for the
purpose of laying down their rails. This pc
tition was referred by the City Council to
committee OF seventeen-one from zach Ward
which committee, after n full investigation
of the subject, reported to Council on the
18th of january, 1859, in favor of granting the
privileges asked for, and submitted to
Council an ordinance in accordance with the
report.
Although large majority of Council were
clearly In favor of granting this privilege by
the passage of the ordinance, yet its passage
was defeated by the inability of the committee
to take it from the table on which II had been
laid, by adjournment Of Council, it requiring
n two-thirds vote of the whole Council for
this purpose: which in practical operation
amounted to about three -fourths of those who
were IN actuai attendance Ihere scarcely ever
oeing more tnan tnree-iourtns OF all the mem
oers present, tnls ehaoieo iew enemies OF the
Proposiuon, througn tne insuumentahty Oh this
rule, 20 ueleat tne WIN Oh tue m"ority' ana pre-
vent the action of Council.
On the 9th Of February, this Company again
called the attention of Council to this subject,
by presenting a petition, signed by about
eight thousand of our citizens, asking that the
PtNNo4e niBns oo 6ran'eu ine Oinclhnati
'r'" ouoo.' naiiIoau oo.nPany: 1nlS Petiuon was
roie,ieo ~ 9onnnii''ee vi tIree, VINO reported
vu tne ~ % Maroh ln iaVor Oh grenu9g tne PRIV
euu 'nis suonl''teu an Vrul ,cI
o"uoo a;g aa acc %vcotuanoe wi'n tne report Inc
othon un,S nS ,;n Ovvuu - .IiS tIse as IN 'ne
otner, anu no actlon was nae Dy tue Oounoll ON
this ordinance, on account OF their inability to
suspend 'ne rules
In tne meantime whist the iactious opposi-
tion OF Few members, delayed action upon
inc Peutions oi tns company, other Gem
panies composed OF nOn-resldents, and persons
naVing no immunity OF interest with our cit
isenS, organlzed themselves, claiming suostan-
uaiiy rlgnt 10 construct all the lines proposed
70 DC constructed oy Inc cincinnati Street
MAJ naliroau Ionpany' ana lnumaung that by
law, law, tney hau some priority OF right over 1.-The
And one of these Companies has presentsd n
communication to Council, clearly indicating
TINS claim, and leaving as fair Inference that
II Council did not negotiate with them, they
intended to adopt other means to appropriate
the use OF the streets.
Now, as "The Cincinnati Street Railroad
company Is the PIONEER In this enterprise, and
Is composed exclusively Of our own citizens,
and any citizen desiring to become interested
in street-railroads In this city can do so by
becoming subscriber to tho capital stock OF
this company. And as this Company have
spent much time and labor in bringing this
suoJeot 20 the attention OF Council and the no
tiee OF the people, they feel that it is due to
them, as well as to our citizens, to protect
themselves IN their legal rights. Fearing some
action OF these other companies to appropriate
Inc use OF the Streets they have tekon the
OPINION OF Judge Gholson on the subject, and
are aoVlsed !nat thls company are IN danger
Vi los'ng tno'r rignts oy deIay, which opinion
lS nerewltn Puohsneu ana referred to.
In conclusion, we would say that by taking
tnls course, thls company do not mean to shut
'he door 10 negotiation with the city for this
privilege out are ready AT any time to enter
INTO any iair ana reaso ooaoie arrangement that
may Do proposed. Neither DO they expect to
oePriVe otner companies OF obtaining similar
privileges.
OPINION OF JUDGE GUoI SON
Al
PiV'iue0 , !t .na1 any Aumper Oh natural persons,
uo. teSS .nan nve' may become oody eorpo-
H.e ~ ioi sne purpose oi constructing railroad
my aie iequlreu' unuer .ne,r nanas ana SEALS
oaS ~ manS cefanos'e, speeilying, -. Inc name
oSam euon 0o,nPsny, anu Dy "hicn II
81" sai ,sn; W nn?we' Inc name OF tue place ol
sno .sal 49, VI saiu Ioau, anu the county ol
O Tha o oese mnion sucn roau snall pass
20 .tn,o. nou. LII y, sno GaP'eai STOCK necessary
inc .' a"tnow,sSrad on foau Di Sucn certincate be-
nrss.or;haS AZ eo anu io'osusu IN manner
Into effect the "hspss are aGshOr,zea 70 carry
IN oooordsnoo Isl 40 neu ~ 'ne ceruhca''
~ ,ba oons,r,p 49, euo piu',Sions .n oi tne act.
v;dad That tbe ecornora,;oU ~ ..sL sse ITau pro
n oonstrnct onJ pa;n,o; ."uni a;, 10 a9'nori1eo
sir9ia or Sonh,a .ranir 'n;,,, an iIl'roaa % WIN
mrS' ont, nf;ooo onS 49,, WIZ suen siae tracks
nocssSarv ba,ySsn Hd th ss .ney may ueen
cert;fcats. con,nano;n @ po'n.' '.Li nanieu lI tne
tsnJ;ns ~ or into an 49, ~ VI ;.' m.tnil' anu eA-
namad % tba ,,iaoo 80 oOn, III, u:y OK Eiluse'
and " Suc s eeInithi ol sucn roau
other towns nv nIanos ,1,h; .t .n man i,he 70
conntv throrSh % L;oh VII "tIi ei,o UNITS oi any
r. q also nron;Sad "a u tLnt a1"1 t,TsV may Pass
necessorv in H. Iooat;1,u 'nS' 90 SnSi pe
railroad 70 ocounv I aaU rood ~ "uy paF' VI any
nnblic wov VopS ~ pS "ny ioSu' 90 s"eee, aLey, OF
hart tbersof ~ sSam o bo o VI any h'eu' s Ir Iny
ncinoI or otbor oornorot;or, r. M; sne NV"