, 1874-10-23

turo for the goyornmons Of aii Cities tho ob3ec~
tion las been TINT soveral saylng ind protective
clnusos Of tho old charter against threatened
abuses would be repoatcd. Ono Of tho most I'M
portant of these Is tho clauBo OF the old charter
restraining tho Common Council LII tho extension
Of tho franchises of tho llorso.railwny oompa-
Mica. It will bo remembered thns tho charter Of
these horso.railway companies dates In Febru-
sry, 1850, and rms ior twonty-hvo years, o1pir-
inn III February, 1884. subsequently tho COM
r,auies obtnincd from the Legislature M e1ton-
sou Of their charter for nfnoty-niuo years. Tho
Supreme Court Of tho Stato. however, decided,
somo years lator, that this latter act morsly OK
tondod tho existence Of tho corporation for tho
torn of nuo years, tho extension not carrying
with 1t any of the frauchlaos obtained from tho
city for the exclusive uBo Of tho streots, etc.
Tic extension or removal Of thcBo frnnchiscs
muBt bo obtained from tho Common Council.
In 1857, tho charter OF this city was amcndod
by the addition tloroto Of tho following re-
straining section;
The Common Council shn1l have power to
nhefzo tic of srecta nnd alloya In said city "
railroad companies, or city railway companies, ios to
purpose Of laying tracks and running cars thereons
Pfor;acd ho,eeysr permission authority sna1l not
he given, nor shall my such grant or Permission
glrcady gve DO extended, unless by vote Of at loaAt
three 1ourths Of a tue Aldermen elecled, such Eotea
to bo cnte1e by ayes and noes On tho rocoFaa Of tho
Council dad prortded further, TINT no grant, con-
aent, contract, permission heretofore given or
made or hereafter 10 bo made or given, shall III any
cafo uc extended until within year Of the e1p!rn
ton Of such grant. consent, CONTRACT OF permission:
,,d prortded further, TINT III caso Of veto by the
Mayor any auch grant rer1nishon shall RECEIVE tho
yoca Of tlrcefourts Of all tho Aldermen clocted, 10
tako effect as act Or 1aw Of tic corporation.
Tho question which Inns arisen, and which Is
now under consideration by tho Cltizona' Asso-
citation, ls, whether tho adoption OF tho general
act OF incorporation would repeal thia important
section Of The present charteF. Tho charter OF
the horso-railway companies expires In Fcbru-
ary, 1884, and by this section Of tho city chaltor
no o1tennion Of tho franchises can DO giyen by
tile Common Council until after February, 1855,
nor eau It bc mado without tho concurrent yotes
Of threc-fourths Of nil tho Aldermen oloctoa. It
is important TINT thia restriction bo retained, or
else tho railway companies may at any time pur-
chase or otherwise obtnin q renewal Of tlloir
1caBo of the atrcota for twonty years moro. The
now or general charter provides on this sub
jcct:
Tho Council shall have power to permit, reg
a.c or prohibit tho locating, constructing or laying
truck Of any orsc~rairoad III any street, alley Or b
lie 1acc but such permission uhau not to for longer
titne than tweuty yeara.
The City Council . ehall have no power to grant
the uKc Of or tho right to lay ow any raroaa tracks
In any stree. Of tho city TO ateam horsera1ro
company except upon petition ot tho owucrs Of the
land representing than one1aH Of tho frontage
Of tho 8rcct, Or much thereof is sought to- bc
used for railrona purposeH+
Hero, tLon, are the eproviBions in the old as well
as tho proposed now charter. Tho restraining
| clauses Of tho act Of 1867 havo no equivalents
! iu the proposed now charter. Would tho adop'
ton of tho now chnrtor repeal or superBedo thu
provisions Of the old QUO on this subject? NJ
think tlis question is squaroly answorcd In tht
| negative, because in tho proposed new charto
there is tic following saving soction:
All courts In this State shall tako judicial notiee 0
tho existenco Of ul villages aud citcs organized undo
tAs uct anu Of tile change Of tue organization OF at,
town city from Ns original organization to s or
ganization under tha act and, from tho time Of Rac
IT .hs aet sbs bo apncablc 10 such cittea and VII
lages, anl all ass IN conflict Herewith aha no 1onge
he apnneab'e oat an lava or paF.s ol LIVE nos 'ncoa
sarsa ,,d .nntcs,io IN INV a,,ch c,,v or raao In
samo as such change Of organization had not saka
place.
1ho Gohela' ac' VI incorporation ooo7 no' ~
peal quo es1st'ns cna1sets' e@eeP' W 'noeA''1
tint 1ts provisions ase 'icons'S'ons "''u 'ne ~
| chAftefe- IN I'LL WHItela LII LIZ o4A cuute
where tho now ono is silent, the provisions q
the former rolnain in force- There does 1ie
seem to us to bo anything inconsistent in til
provisions Of tho now charter on the subject G
horso-rai1ways with tho provisions Of tho ol
charter. Tho new chartor provides that an
grant Or extension Of grant OF franchise ahal nj
e1tond beyond twenty years, and that no trac
shall ba laid without tho CONSENT OF tie o"nol
Of property fronting on the street. Thoso a'
, additional restrictions in no way inconssto1
, with those of 1867, and, IT the new charter
. adopted. will be new restrictions upon tue pow
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