Telegram-herald., 1889-09-18

THREE ISJUSCTIOyS DISSOLVED
Judge Bureh Files His Decision In the
ksnt County street Railway Cases
aud work IL a. Once begun o"
the Line 10 the Lake.

Judge Burch yesterday morning filed
an opinion ia each OF the Kent County
Street Railway cases, dissolying the sew
eral injunct.ons heretofore granted
The Kent County company at once en-
gagged gang of men and began the
distribution of ties, iron and spikes
along that portion Of the grade which
mas been completed.
On the heels of this comes the i'm
portant announcement that negotla-
rons have been completed for the prac-
teal consolidation OF the Kent County
company system with that of the Grand
Rapids Street Railway Company, and
that the formal action Will be taken III
the near future.
The new electric line proposed by the
old company Is To be connected with
the line of the new company and will
convey the passengers OF both roads
from the corner of Monroe and Dlyis-
ion streets direct 10 the lake. Ii moth
ing serious lnterferes, before the next
season opens up at the lake there will
be a beltline'Of electric railway running
out Fulton street TO the pavilion and
returning by the route now used by
the dummy line. Even this line will
undergo some changes in the near
future and the route will be made more
direct and more satisfactory TO the
public. The sound of the dummy is
dying out IN the eastern part of the
town, and IN Its place comes the silent
and mighty force that will move the
world in the next century-electrlcity
The three injunctlOns referred TO
were the one obtained by the town
board restraining the Kent County
company from building its line, the one
obtained by Theodore Carpenter for
the same purpose, and the one obtained
by the Kent County Company restrain
ing the town board from granting a
franchise TO the Cable company. A
fourth injunction obtained by the Kent
County company restraining the Cable
company from building line out Full
ton-st. has not been passed upon.
In deciding the case against the town
board, Judge Burch held that the board
possessed, TO 4 certain extent, the pow
ers and privileges of a legislative body
and could not be restrained from per-
forming its functions. The proper pro-
cedure Is by Injunction against parties
who attempt 70 enforce any illegal
franchise they may grant.
In the second case, that of the town
ship against the railway company,
Judge Burch held that as every mate
rial allegation III the compliments bill
had been met and denied, in accordance
with the usual rule Of practice, the IN
junction would be dissolved.
In the third case, Theo. VI. Carpenter
against the railway company, Judge
Burch held that the answer of the de-
fendant company met and fully cOntrO-
verted the allegations IN the bill of
complaint, and also set up new matter
IN the nature of an acquIescence during
the progress OF the conpany's work on
the part OF the complainant.
A TELEGRAN-HERALD reporter visited
the scene Of operations IN the township
NJ 3 o'clock yesterday afternoon and
found the unterrfied and irrepress bic
sam 3. Tibbct- hustlIng % and fro with
smile of large proportions and in
cffable happiness upon hls face. He
seemed to boz at peace with all the
world and q large part of Aipena. He
said that the steel tor the entire road
as we'll rs tho ties and timbcrs, Is in tho
CITY. and Is distributed at convenient
points. The timbers for the bridge
oser C0lhr0Ok creek are also upon the
ground