The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-03-09
CITY SIRES
Ia Session Again Last Evenlng-ills
Honoi's Message.
A Meeting that Lacked Neither Spice
nor Satire.
Tho Report Given IN Fun.

At "A former meeting OF the city council
the granting Of the right OF way % the
"belt street iailwHy" over Lamar aud 9th.
rr streets, which was discussed, was laid
over until last evening, TO whio h time tue
council adjourned, In order 10 give the
mayor and city attorney time toinYesligate
| The charter and the law governing the
rsme. IL was question rs to whether the
majority OF property owners on all the
streets 10 he trayersed should govern the
matter, or those on each street should de-
eide tho m after for the street upon which
they own real estate. The following Ia the
opinion oi his honor the MAYOR:
| M.yors once, Ciiy Of Dallas, March ., last
To the Honoi.hle City Council;
GrsTLynEs-In obedience TO the wishes
OF your honorable body, expressed at al ad'
| iOurned meeting on the S,h, would re-
spcotfully state that have nsreiuiiy oxsm'
| ined section II OF the amended city charter
&" as TO the right OF the city council to grant
the right to any person or persons, corpor.
alton or company 20 construct ttreot rail
ways on any street Of said city, and 20 reg.
ulate and control the same and the run
thereof" and have advised with eminent
attorneys and have obtained their opinions
m reference 20 the proper construction To
be put on the same. j am OF the opinion
that, no MISTER how beneficial the coat,ruo
tiol OF q street railway might ba to the
whole or eny part OF the city, the city
council has no power TO make the grant TO
construct street railway in any Gtteot OF
tho city unless 1t IL shown to the council
that q majority OF the owner. OF 'front.' feet
on the street along which said raj way shall
run are willing. aud that this grant OF power
Is limited TO q particular street aud under
the consent OF tina owners oil frontage on
that street. City Attorney Mr.. Frank
Fields, Judge w. n. Johnson. n. +. Short.
esq and Judge Alexander White concnr
with me. | embody in my meassgs the
opinion Of Judge White WHICH he ne nag ~
ioi tho city charter gives the power 10
tho city council to grant the right
10 make and construct street railroads
In any stroet IL said city, otc., etc. with
out this the council would have no nnch
power, and TO this grant Is condition
which is a prerequisite to the power, and
until that condition is complied vita the
city council has not the power TO grant the
right to construct street. railroad IN any
street Ia the city.
The condition 10 that tho .'ovners OF c
majority OF front feet on the street along
which the said railway shall run are will
ing, the frontage to be calculated not by
blocks but by the entire length OF me pro
posed line and on both sid0s OF ito street,
The power IL 10 grant the right 10 make
or construct street railways In any street
not .ley or promiscuously in tine city o.
Dallas, but Ia any street comforting his eI'
, arose OF the power to the particular H,Tee'
designated provided the ownerl OF Iaa
T. iority OF 'routag, along the street lno
streets but the street along which tho rail
, wsv shaii ran ste willing. Ian u1Rc car
4 not be p'ainer thIn this % show ihtt th'
, owners Of aiority OF front ieet along th'
street IN which u IS proposed 10 run th
ltrset rail road arc the perGons bose cor
I. sent nust be had bsfor0 the couneii hat ~
I. power to make tho graz This IS Eoionly
! the OBVIOUS meaning VI ths .sngUege used
!, but ia con,lslsnt with reason and iustio,
. Tor ne persons owning the frontage alon
: the etree, are thoea moot Interested IN th
9, bioct. Tie remainder OF ths ssc
lion rafers merely TO tbs mode o
OF u, se<,fomoss by which tte mniorit
sllfll lie oacsl ste6 and ssesrAined, hn
, tkis |. def ate and sicsr 90 SHOW that sac
y particular atreet ~ meant and net all N
streets along whish u rail way may run, ia
:. language "a TO he sAlcrls.ed not b.
!, n ,cks, bet by tbs entire length otllne, an
I 90 satb aSes az ths s.rset so proposed e
n pc oocsped.
. The CITY council has no power to max
!, tho grant 10 construct street railway Il
= snv street a the city, unless Is be show
= that the majority Of the owners OF tfoh
~ ieev O q the street whers the proposed raj
way shall ran ara willing.
Il il was a question which the legisaiur
intended 10 leave in tho first Instance
the maiority Of the owners Of frontage E!on
the street which was proposed To Do snYAea
ed by, and in case OF q narrow street, hu1
, stantially appropriate by "A street railroad
IS asd TO make the existence OF the power y
70 the council to depend upon the action
y such persons. That grants Of this kind a.
To be strictly construed in favor OF indiVd
d ual right Is we'll settled LAM.
n In Currisr, U. s. NJ .. ktIiroha 20
90
,. rule more familiar or better settled tha
tbis." That grants OF corporate power o'
VI ING In derogatlon OF common right are to b
d strictly construed, and thi, is especially IN
Z, case where he power claimed Is = dtleg'
tiou Of the righ. Of eminent DOMAIN one
!. the highest powers OF sovereignty peftsl.
ing to the state itself, and interfering mos
seriously and often vexatioasly with th
D. ord mary rights OF property.
, Tina supreme court Of the United Stst'
n In Bank W Billings Alb Peters, cay: IN
4 rule 10 better wriLtsn than that the charter
i OF incorporation are to be construed ftfic
:. ly against the corporation" aud tho sJ
|. prems court OF Pepnsylvsnia In, Pennsy
a yania railroad company vs.. Canal connu'
v sion 81 Pennsylvania 81 Y, say: u
n the construction Of . charter, 10 oe /
!. doubt. IL is to be resolved. and every resolI
q tion which springs from doubt !, sgains
. the corporation" But in this case II 10 nc
necessary to appeal to the familiar rule
strict construction. The language OF u
act plainly and obviously imports, ID
q grant and power to the council to be lin
70 ed TO q particular street and under the COZ
= sent of the owners Of o majority of frontrG
. on that street necessary "a condition pr
J. cedent) TO the exercise Of power by the cit
g courcil."
y Respectfully your obsdisnt servant,
10 W. l.. CABELL,
r. Mayor.
The granting of the right Of way
, Messrs. Conner, Sanger ard Others to col
4, struct the belt street railway was then 90
10 sidered, and after reading pumber OF pei
4, tions for and against the road iesol
Is ton was offered by Alderman G. Cart
q that In consideration OF the fact that q m
" iorily OF the property owners representa-
= the front feet petitioners OF the roa1 W
u" the council proceed to the consideration
~ the ordinance. The ordinance was take
~ no and after several Amendments count
=. adjourned until Monday night when It VI
~ be taken up tor further consideration.
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