The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1875-09-06
SO C1HERN RAILWAY.

Statement OF the cost and condition Of
the enterprise, nearly correct, though
not made up by the trustees nor under
their direction.
Cost to date, So, ,725, 600; wanted to in
sure completion so as to set the cars in
motion, 100000.
Ii the money is promptly raised as
needed, the ears will be moving over
most of the line by the first day of De-
cember, 1875.
1t is said that parties are ready to
lease the road upon its completion and
pay four and one-half per cent. on the
cost for term of years.
Some successful and judicious rail-
road men, however, say, emo man nor
number of men can be found who will
run the road and pay the running ex-
penses."
The bears and bulls are already in the
| field waiting for the time when the con.
cern will be offered for lease as required
by law. Meanwhile the directors are
lgiving their whole time and attention to
the road in such efforts as will insure
the finishing by the time specified.
| Court CstfEfn0s.
THE EAST AND WEST END RAILROAD IN
JUNCTION DISSOLVED.
The suit Of +. W. Moore, City Solici-
tor, against the East and West End Rail-
road Company and others, which has
been pending in the Courts since Janu-
ary II, 1873, came up for decision. before
Judge Tiiden in the Superior Court Sat
urday, on a. motion to dissolve an In
Junction. The petition represents that
lCouncil. on January II, 1873, granted an
extension of Route No. to Liberty and
Baymiller streets. The conditions of the
ordinance were that q majority in inter-
est of the owners OF property along the
line OF the road should consent to the
terms of the ordinance; that the rates Of
fare should be limited as stated therein
and that bond with surety should be Civ.
en- as therein required. 1t was charged
that no notice of the application to the
City Council had been gwen prior to the
passage of the ordinance; that no com.
petition was offered by the City Council
with regard to the rates of fare; that no
written consent of the property-owners
on the line of the road had previously
been obtained, and that the laws and or
dinances governing street railroads had
been wholly disregarded. The petition
prayed for temporary restraining or
DER and for final judgment at the hear
ling continuing perpetual Judgment
against the construction Of the road; aud
on the fling OF the petition, restraining
Z order was allowed as prayed for.
Judge Tilden in deciding the case
stated that every point which was sub
mitted had been carefully examined. He
held that the provisions relating to the
creation of a route, as an original enter
prise, do not apply to the extension of
| legally existing route. With regard to
the latter, the only condition made prece-
dent to the passage OF an ordinance is an
an pplication to the Council by some per-
son or Company having the right to con.
struct q street railroad or owning one,
and no previous notice to the public il
required.
On the question whether the Council
had exhausted its power by granting
Route No. 8 the right to extend over
Elm, Liberty and Western avenue to
lFairmount, Judge Tilden said:
4 That the power is continuous as well
as discretionary, seems to me to result
from the nature of the power itself. Ii
is a governing power; it is part of the
right OF eminent dominion. The grant O.
it is in terms such as imposes no qualiti.
cations, and it must be understood al
, carrying with it all the incidental inner
ent attributes OF the power.
The motion to dissolve the injunction
was therefore allowed.
: The will OF Moses Markley WAS pro
bated on Saturday. Melinda Markle,
was appointed administratrix with th,
will annexed. Personally, $3.50; realty
500.
Peter Schwein was appointed admin
istrator of Rosa RiDgenDach, deceased
Estate, $3.50 in personally; no real estat'
reported.
!, Henry Hempe was appointed adminis
traitor of Eliza Hempe, deceased. NJ
estate reported.
VI Tight Barns.
1t has been the custom to side uI
l mi hat :,