The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-22
street Railroads.


judicial opinion was never more clearly
manifested than in the late case of the
CINcINNATI STREET RAILRoD Company.
Their solicitor, Mr. Gholson, who has re-
Gently left the bench of the Superior
-aa-G Court of the city and gone into pactice,
has given his clients all the aid and COM
fort lawy er who has been Judge could |
confer He has told them to 60 on and
condemn the streets in the line of their
route from Pendleton, on the east side, to
Cumminsville, on the northwest of Gin
cinnati. He is now leading that band of
''pioneers" who compose the Company
before the Probate Court of Judge Hilton,
in their proceedings to condemn the
route For several days the litigation
was advancing and retrograding un-
der the Judge, resisted by Mr.. Hayes and
by John Terrence at the head of the COM
mittee of the Council The city was up
and doing, and did not mean to let her
rights go by default The Company had
an advantage in the tribunal, for it ap-
pears that Judge Hilton was a pioneer
subscriber for five hundred dollars of
stock, which he has assigned to the Pres
ident, Dr. Vattier-for what consideration
, and under what circumstances does not
absolutely appear. He no doubt intend
ed to divest himself of pecuniary interest
in the Company, so as to qualify himself
to sit on the present case. But that he
2 has not succeeded, is easily shown, A
BONA FIDE subscriber cannot divest him
self of the liability to pay up his subscrip-
ton for stock, by assignment of it to an
other Nor can he evade the claims of
creditors of the Company by such pro-
ceeding, for the Constitution of Ohio
makes him liable to creditors to the ex-
tent of double the value of his shares.
But, if the Judge could assign, the Pres
ident of the Company had ne power to re-
ceive the assignment. And if there were
no other reasons, it seems clear that the
- Probate Judge will be pronounced by the
80 higher Court incompetent to sit on the
ground of his interest in the subject mat
ter
The premises on which the Company
proceeds, are as slender as the tribunal
itself is incompetent.
..E Mr.. Gholson's opinion is that of rigid
follower of precedents and literal con-
struction. He is not remarkable for his
power over the spirit of the law; he sticks
often in the book where he finds enough
to satisfy him A case cripples his mind,
if an authority precludes vigorous inves-
tigation. The reason Of the rule is hard
'''a.a ly ever as sacred to a lawyer conscience
as the rule itself; and Mr.. Gholson, al
although eminent in his profession, mas
ter of learning, and familiar with its ad-
Indications, besides being most capa-
g BILE of giving his opinions in clear
and sententious form, is still lawyer ed
vising his clients and earning his fees.
We are not satisfied with that advice, and
we think that one effect of restoring him
to the Bench will be to shake his conf
dence in this last professional effort
He relies on the general law of Ohio
for corporations, passed in 1852 That
PA. law onShVfiSOo COuPnuice iOr ludhinS idiA
roads, and it does provide for the pro-
4 ceedings in the Probate Court, if the au-
thorities Of a town or city will not agree
with rail road corporation about the use
of the streets 1t is certain however, that
rr city street rails were not in the Legislative
mind of 1852, but that the law contem-
plated ordinary rail roads, and questions
arising from them, in the towns through
which they run, on their way to their
destination. Indeed, there is all the diff
ference between the two that you find be-
tween the stage coach and the omnibus.
One is made to carry passengers long
journeys--the other to pick up living
in the city streets, And il is as unfair to
bring the latter under general stage
'ss1ecach law prior, say, to 1850, as to strain
30 the rail road law in the same way About
that year omnibusses were introduced,
i and began to grow into such necessaries
Of life as they have become all over Chris
/. e tendon. Every city has them, AND EVERY
'a-s'@ciTY~ MUST REoULArE THEN. They earn
money exclusively within the city streets
The difference between the two is not
more apparent than that which exists be-
tween the city passenger car and the New
-s-g York and Boston train of said road 1t
y. might be all well enough to give stage
a9ss'l la0aches the right of the road, and other