Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-04-26
IcoNNUNIcArEp.I
Man or Some Other Sort of'damnus.

Man or some OInor Sort OF NeAmuo-s
We observe that some domestic economist,
through the medium of the horse market re-
port proposes to substitute mules for horses in
the streetrailway service. Wewould mostre-
spectfully inquire: Has the Superior Court
been consulted on the subject? Unless the
opinion of that tribunal favoring the change,
can be obtained beforehand, il would be an
act of temerity, and possibly expense, TO
venture upon it
II must be admitted that occupancy of
space is predicted of length of ears las wit
ness the space occupied in the DGty tress by
the late decisions Of certain Courts, and as
a legitimate deduction from late decisions OF
the Superior Court, all the space between the
houses, from foundations to chimney-tops,
belongs to the holders Of property on either
side OF the streets. Now, the City Council
may have q right to license the use of horses,
with the short ears natural to pure species OF
the equine genus, whereas the use OF mules,
or other hybrids, and doubtless that of jack
asses might be construed as an unwarrantable
trenching upon the space belonging to the
lot-owners.
II is true, practically, that all the hor-
izontal space, of the width Of q street, mo-
nopolized by q street railway, except at the
moment the cars are passing, is that in
fnitessimal portion of the top of each rail
upon which It is impossible to drive wagon,
dray, coach, chaise, curricle, cart, or other
vehicle. 1t would be more convenient,
clearly, to those who are necessitated to turn
in and out, over and across the present single
track, if, under our blessed Superior Court, a
double-track dispensation could be obtained;
as, in that case, the vehicular travel of given
street, traversed by railway, would quietly
marshal itself to the right and the left, before
and after the cars. But, inasmuch rs the re-
visionary functions Of the Superior Court
are held to extend to notification of the
vested rights of corporations formed under
statutes of the sovereign legislative power, and
as the road-making knowledge of that Court
is a condition in the formation of its deciding
conscience, double-track innovation will not
be tolerated.
Let none pronounce us captious on raising
the above objections to the prolonged auricu-
| lar appendages of the mule and donkey, as
decisive against those animals for street rail
| way purposes; for the learned Court can as
well vindicate the property-holders' right to
all the space there is between the curbstone'
| or houses, in a vertical, diagonal and curve
linear, as in horizontal sense. We join the
great bulk of the citizens in friendliness tC
street railways believing them to be praise
worthy and highly useful institutions and
as the disabilities under which they now
labor, in their grants from Council, are
greater than they can long endure, we warn
| them to be cautious how they change thelI
animal power, without due regard TO the re.
visionary functions of the Superior Court.
There is another consideration not to bt
| forgotten in this connection. 1t is this: Thert
| has already been money Investment in thu
horses by the Street Railway Companies, fol
which reason, according to late proceeding
horses may be tolerated, but the increased
cost of substituting mules and their progeni
tors must be reason enough for adjudicatinl
them out of the service.
Yours, &C., RE-STORER.