Telegram-herald., 1888-05-01
STILL ANOTHER KICK |
AN ANSWER TO rns ANSWER


The Fast Raiders Persist in E1ae1sorsss
10 lnpess tas Progress Of sAs street.
Railway iIaprossasesss-so~ Lsl's
Hear ffsm the Other side.
TO tie Editor of the TElkskAx-HEEALDs
os "Wednesday last. tss 25lh inst. the
Grand Rapids Street Rsiiwsy Company
flied It's answer 10 the bill Of complaint OF
olive b. Fisher. TIE answer is signed IN
behalf of the company by Andries Bevlsr,
Superintendent snd drawn by e III.
withey. solicitor. To ssy that the snsser
Is skillfnliy drawn. gses without question.
by all those who know Mr. VS. skill. but
If he had not attempted 10 make case for
his client out Of which he cannot help but
know TO De sn untrue state Of facts, the
public AZ large would have more faith ia
him. The answer answers tie bln para
graph by paragraph. aud sess oat great
deal of matter that is wholly uBeslled for
by the bill. for ss l understand il. the COM
plant Of Mrs. Fisher does not deuy { he
passing OF the ordinance bv the township
board OF Grand Rapids. allowing the COM
peny TO bnild s-ong the highway called
EasI-st. 50 lar as the board hss control or
can grant the franchise 10 the street rail-
wsy.
The city. by its ordinance. only grants 10
the company tie right ~ use as motor
horses and not steam. as the ordinances.
sougaI by Mr. Beyier To that effect MAS
voted down IN the council There is no
doubt that rlen TO accomplish the'r ends
resort 10 sharp practices. In this case, afser
the refusal oy the Council OF the ciiY 10
allow seam motors 10 be used in Easiest,
the next day the company procured from
the Township board just the privilege
which the city had denied 10 IL, the right 70
place rails ard run locomotives, or any
othe. motor on the street. This. OF course.
placed the east half of the street at its dis
tosal, despite the rights of the citizens iiy-
ing and o~ ming property on that side Of the
street. There can be very little doubt now
that If the Board had known of the action
Of the city IL would never have granted the
franchise, because of the great detriment TO
the citizens residing on and whose property
abuts sie east line of the street.
The question arises how far and how
much power the township board has over
the highways OF the town. The general
statute only gives them power TO hear APP
peals from the highway commissioners.
but the special act foI street railways Was
n hi, a1Rusge: Sec. l3.-"And any such
cJmpsny may extend. construct own, and
maintain their road IN and along the streets
or highways of any township adjacent 10
said CITY or village upon such terms and
conditions SIS may be agreed upon by the
mpany and the township board OF the
township. which agreement etc" The
sgreement that was made with fthe board
and the company. as set out in the exhibit
10 the answer. contains no new conditions;
the only ones are that the track or tracks OF
the comps ny shall be laid IN such a man
ner IS not TO obstruct the travel on the
streets
Whether the laying OF the new track for
the steam cars was such
one as was contemplated, at the time the
agreement was made is very much doubted.
The company had already the right to use
The street between Sherman and Wealthy
ave, and had laid its track and were oper-
ating the road at the time the last agree
ment was made, and the franchise obtained
| to extend To Cherry-st. The company have
now two lines on the street, one for the
| horse cars and one of L rails for the dummy.
| Ihe latter Is wholly on the township side
| of the street. Now, il is well established
| principle that the streets of citnies and vii
| lagos are dedicated. and in reality decided 70
| the public by the owners of the plats.
| whereas the highways OF the township be-
side of the thread of the street. The public
| have only an easement over the way
| the title still being in the owner of the
| properly abutting the highway laid out,
| by the highway commissioners, not
| by The township board. The
statute above quoted, sec. 354S. Howelis
| Annotated. only give the board the right to
| extend, control. use and maintain their
| road" in such high way, aud by inference,
1 nd Ia. heu
| give or grant only what they have the right
1 10 give or grant.
Will Mr.. Wsthey. or Mr.. Bevier. main
tain that he township board Of Grsnd Ran
| ids has the power 10 convey ten rods Ia
width along he front OF Mrs. FisAer's prop
| erty without any compensation 10 heI1 and
| the same Is true of all the other owners
| along the east line OF East street. II by any
| freak of fortune or caprice Of such a town
ship board ss the one now holding in the
| aforesaid town should vscate that street. or
| where properly the highway commission
/ ers, who are the only power who can con-
| troll the highways Of the town. should up0n
petition direct that such portion
Of Esst-st. "a lies between Sher-
| man and CherTy-sts. should be
| vacated. TO whom would belong the fee Of
| land in the street.io the Grand Rspids Street
Railway Company. by virtue OF an agree
| ment With tue township board, or to the
respective owners. who sbut the east line
| of the street
The answer goes on TO affirm that the
| company have been 70 great expense in the
| purchase OF property on Cherry st. and are
| making great aud i'm mportsrt Improvements
| thereon. Will Mr.. Bevier and Mr.. Whitney
come out and show Their hAn12 l. not toe
| title of all the propers purchased on Cherry
81. 10 the name Of Stone. OF Cleve'sad, Ohio?
| And Is not the principal fart Of the prop
! eftg in that neigh borb00d owned by the
directors sBd stock holders Of the company.
| who strive by an underhsndsd proct ediHg
! which works great injustice to others. to
| improve bsir own II Looks very much
like AN ohject 10 promote pfivsts speeuiA-
| tion and gam 40 much - tat n vii re.
! quire more than the afiicsvit II Andres
1 bevier, Superintendent etc. 10 disabuss the
| minds OF the pob.ic in that regard.
To use sn Oid saving. that colored
! msa has no rights ihst While man -
bound 70 Tsspect could ve not now IN
| our city change the phrs-e. 80 & 81 4 wouid
| be lruibfu and have IL read. The owners
| Of property on the lire q the rosd bsve ro
| rights that street railway afe bound 70
respect" EssT EED.