The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-21
THE RAILROAD TO THE LAKE.

lature to the city ttAllrOad Oh Inc TISnb
to run cars drawn by dummies from the
lower part OF Canal street to the Lake
having been called in question by the
owners OF other vehicles and OF horses.
who are wont to dash along this road
with their SNOWY equipagcs. and who
propose to exclude the great mass OF the
people from their enjoyment OF the
cheap mode OF travelling In tho same
direction in cars, we think it quite per.
tinent and instructive to quote at length
the decision OF the Supreme Court 9f
Louisiana on this subject. In the case
OF Brown Il Go. vs.. Duplessis and the
city OF New Orleans the Supreme Court,
in 1869. thus laid down the law regu-'
lating the right Of street railroads:
Streets, public walks and quays are
things which belong In common to all
the Inhabitants of cities and other
places, and to the use OF which all the
Inhabitants OF city or other place, and
even strangers. are entitled In common.
GO. c., 449, IA, 445.) Mi
plaintiffs cannot, then. claim an ex-
elusive use OF the streets, or complain II
their use OF the same be inpeded by q
similar use OF the streets by other per-
sons. No citizen is empowered to de-
mand such an exclusive use Of the
streets az will free him absolutely from
inconvenience. 1t is an Inconvenience for
him who wishes to take an airing in his
carriage to be impeded by omL buses
and drays, but he cannot exclude them
from the use OF the streets. Each citi-
zen is entitled to the use of the streets
in his mode OF conveyance, whether
in a carriage, buggy, cart, or on dray
but he cannot complain IL others adopt
a mode Of conveyance different from his
own, and which prevents him from
traversing the streets rs rapidly rs he
might otherwise do. No citizen has a
legal right to complain that the streets
are used by other citizens In a peculiar
manner, even II 1t causes him a little in
convenience, AZ long as he himself Is al
lowed the free use of the streets in his
peculiar mode The streets are destined
for public use, but not for particular
mode OF public use. II the city Of New
Orleans wished to expend the money
necessary for the laying Of rails through
out the city for the purpose OF permit
ting all who wished to run their own
cars thereupOn, no one could complain
so long as it did not prevent other modes
Of traversing the streets, for travelling
in cars il one mode OF using public
streets, and there Is no reason in the
nature OF things why it should be
lawful to travel in q carriage or gig
upon the streets, and not lawful TO
travel in car upon rails fixed in the
streets, but not so laid as to prevent the
use Of the streets by other modes of con-
veyance."
an alienation or appropriation OF a pOr-
ton OF the public streets for private
uses any more than the licensing OF
omnibusses or hacks for a specified
period Is an alienation or appropriation
OF the public streets. Property holders
on the streets through which the pro-
posed railroads shall be constructed,
cannot complain for they still have
the use Of the streets In their desired
mode Of conveyance, with the additional
privilege Of riding for small compen-
sation In the cars. II the running
OF these cars should depreciate their
property, they cannot legally complain,
because they are not Invested OF the
use Of the streets, and the destination OF
public streets Is not for any peculiar
mode OF travelling but for all such
modes as shall best suit the convenience
OF the public. The preserving Of a GER
tain space In a street for the use Of the
cars, which pursue one direction with
out deviation, can not be said to obstruct
the streets, for they can occupy but for
short time any particular part OF the
streets. An omnibus or carriage and
every other vehicle occupies a certain
space in the streets and it does not seem
to be sufficient objection to cars that
they moved In q forced direction; on
the contrary, 1t is more easy to get out
OF their way than out OF the way OF
those vehicles whose course depends
upon the volition Of the driver"