Telegram-herald., 1889-09-13
LAKE LINE LAWSUIT
The Day and Most OF the Night
Devoted 70 Argument
Mr. DOSOyly STATES his CLAM
THREE suits Relative 20 the ksnt county
Railway BeinE Heard al o0es--Seas~
Burch Reserves Dseisl0n-Mr.
Donovan 4lks-

p4uy and the tOsnsnlp bo4fdr anu
Theodore VI. Carpenter against TIE
railway company, and the board against
tbe railway, was on call N Judge
Burch's couE, yesterday. and occupied
the attention OF the court AL day and
good part Of the night The Cable
company appears IN the case
by their attorneys, BLAIR, Kingsley
and kleinhaus. George W. Thompson
represents the township board, and
Judge Befney Hoyt and Hon. sybrant
Messehus represent the Kent County
Street Railway Company. The afhdaylts
OF the railway company and Theodore
NJ. Carpenter, the substance OF which
Was published IN the TELEGRAM-HERALD
last week, were introduced. In add
ton 10 these the aftidaylts of Frank NJ,
Peters, chief engineer of the Kent
County Street Railway Company, the
affidavit of Henry ii. Havens, super
VISOR OF the township, and John NJ. De
Wolf, justice of peace of the township
and member OF the board, nles a
separate answer TO the suit.
Frank NJ. Peters, the engineer, states
IN ms affidavit that the grade made for
the construction of the railway Is IN
conformity with the ordinance, and
that II in no place exceeds the y per
cent, and the hll or embankment IS IN
no place eight feet high. He also de-
clares that instead OF being a damage
10 the highway it IS great benefit.
The affidavit OF supervisor Hazens
sets forth the complaint of the town
ship board, stating that the railway
company have not kepta within the
terms of the ordinance. and that they
did not complete the road within the
specified time.
The railway company state that
when they entered upon the work they
knew 1t was impossible to complete the
the work IN the specified time, and
that Donovan said so TO the different
members of the board, but they
assured him that If the COM
pany would go ahead with the
work and show their good intentions
that the board would extend the limit
of the franchise.
John NJ. DeWof, justice of the
peace, IN his separate answer admits
nearly every claim of the Kent County
Railway Company, and seems to dis
sent from the general opinion of the
board.
The attorneys for the township board
found their case upon the ground that
the franchise has expired and is there
fore of no effect. Mr.. Kingsley argued
that the township board is a subordinate
republic and has the right to act as
legislative body IN its own terrh0rE -
long as it kept within the statutes of
the State, and that it has the right of
control over the highway.
The attorneys on both sides cited
numerous cases in different parts of
country, in some points tlmllar to the
one IN hand, and If the Judge reads up
all the cases cited ne viii have no use
for other reading matter for some time
TO come. The attorneys for the Kent
County Railway Company argue the
fact Of their evident intention 10 con
struct the road as rapidly as possible,
and that owing to the magnitude of the
undertaking they have not been able to
complete the work within the Specl-
fed time.
The board could not Justly deny them
an extension after they had gone on
and done a great amount of grading
and had purchased iron and material
for constructing the road. In addition
to the other evidence IN the case, the
company filed a license from the high
way commissioner OF the township to
construct a railway under the Tram
way act. and bearing date of May 23.
lsSg, the same day that the original
franchise was granted by the board.
The arguments occupied the atten-
ton of the court until II o'clock. The
Judge said that he would render de-
cisiOn in the matter as soon Is possible,
and court was then adjourned.
Mr.. Donovan, the chef owner Of tho
railway, was seen by a reporter Of the
TEIEGRhM-iERALD, and said substan-
italy rs follows. "When Tibbcts was
constructing the present cable line IN
tins city hc saw the Importance OF get
ting q line 20 the lake. but also
saw that the cable company was
not able % build it, and would
not bc for some time to come.
lie wrote mc 10 come and look the
ground over, which I did. Before
taking any steps iu the matter. IN order
10 avoid any hostile competition, /
went % see Mr.. Bovine. president of the
Cable company, and had long talk
with hmm. H. seemed very favorable
% tne plan. ] asked hlm If the Cable
company would oppose my plan, or If
they wished 90 build the lue them
selves Ii YOU do. SAID 7, VIII not
attempt c. The Cable company j
not aisle 70 build the lne,' SAID he,
and IT vail not he able for a long time
10 come. "If put tho road through
from ine cable terminus 10 the Lake,
wi.IVf ucxCnaugc passengers with usand