Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-04-27

N JOnD,, i.
Bowen vs.. Lease, 5 Hill R., %, /.
"There is no difference in the
legislative proceeding by which a
charter, or any part of tits repealed,
and that by which any other stat
ute is repealed; an affirmative stat.
ute, or amendment to charter, is
only repeal by implication, so far
as it is contrary to the former"
Union Branch R. R. Co. VS.. East
Tenn. and Ga. r. r. Co.
IA Ga. R., 327
"Implied repeals are not to be
encouraged; the later act repeals
the former only so far as their pro-
visions are in conflict; if both can
stand together, there will be no i'm
piled repeal. If the later act can
be reconclled with the former, the
former shall not be held to be re-
pealed."
Hockaday VS.. Wilson, 1 Head R.,
ia.
Smith VS.. Hickman, Cook, $50.
Farman VS.. Nichol, 8 Cold. R,
432.
Mayor of Alexandria VS.. Dear
man, 2 Sneed, 1O4.
Gate VS.. State, 3 Sneed, 100.
Let us now apply to the case un-
der consideration this doctrine, that
the repugnancy must be irrecon-
cilable to sustain a repeal by impli-
cation. The original charter of the
defendant, company, gaze it full and
complete power to construct its
tracks through any and all of the
streets Of Memphis, to run its cars
on them, toreceiye passengers from
and for all parts of the city, and
expressly restricted the fare to 5
cents as the maximum charge. De-
fendant accepted this charter, con-
structed its track, was running its
cars to all parts Of the city, and
was accommodating the citizens at
5 cents per ride.
The legislature then chartered
the Citizens Street r. r. Co. of
Shelby County" We will now ex-
anime this charter to see how far
its provisions conflict with those of
the City Company.
One Of the wisest and best settled
rules of construction is to consider
the mischief, or want existing at
the time, and which the legislature
intended to remove or supply. 1t
is clear there existed no public want
for another street railroad to ope-
rate within the city; but the sub
urbs of the city were rapidly filling
up with the homes of laboring and
professional and business men, who
needed a street railroad to carry
them quickly to their business in
the morning and home at night
to carry their children to school,
and their wives to. market and to
church. The legislature knew a
city company was then in successful
operation, with its fare limited to
cents; it is unreasonable, then, to
suppose that the general assembly,
by this new charter, intended to
create another company for the city
with a 10 cent fare the prior com
pany was, and could meet all the
wants Of the travelling public of the
city at 5 cents; hence, there was
no sensible reason for and no pub
lie good could be accomplished by
creating another for the same pur-
pose, and at an increased fare of 10
cents. Nor was there any to give
such power within the city to a
company created for the county
purpose.
While one company was running
at 5 cents as the allowed maximum,
the utility of creating another to
run the same streets at 10 cents,
demonstrates that the legislature
meant no such result.
Would any man in his senses pay
10 cents or more than 3 cents to
ride on a car when he knew another
would in a few moments pass over
the same track, destined to the
same point, and limited to cents?
1t cannot be supposed that the
legislature intended such a result,
so futile, so absurd, so unjust to
the public and the older company.
But if you construe the Citizens
Street Railroad Company charter
as applying to the county outside
Of the city, and as only allowed to
come into the city to bring persons
into and carry them out of the city,
perfect harmony is produced in
all its provisions, its objects, its
rights, its franchises, its duties and
its limitations, and no conflict hap
pens between the rights of the old
company and the county company.
Again, since the clear purpose
of the county charter was the
benefit alone to suburban resi-
dents, and none to the people
residing in and doing business in
the city, how unjust it would
have been in the legislature to have
increased the fare and burdens Of
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