Telegram-herald., 1889-10-05

Il is the FIRST read. - Tar as the know T.
edge II tae conrt extends. which pro-
poses - the ordinance, made tAe bass
~ The contract. IL convey pass ngefs
from tie business center ~ tAe lly -
heed Lake Tor enc continuous iart 81
i've cents Fms : One-f.4lf the SUM q
nov costs, and 4 MI require hui
glance - determine that II tfle astcitd-
ant company should accomplish such
purpose, very large amount 0i uoney
would be saved 30 the hundreds o.
thousands who sIslt Reed Lake eaeh
year, ana great putalc good woald
thereby he accomplished. As q matter
Of pOhnc policy u seems plan to the
court that such great and gl'.,a ohlccl
ought 10 be obtained Il pses lae. and
that 4 would be little less Ulan wicked
10 lnterpose the power ol sac eeugi any
reasonably % restrain ll.e eccompi .sh-
meut OF 80 desirable au end.
The ordinance permits oulv one
track - be laid, except the necess a ~
switch on switches, bat permits tac dt-
fendSnt company 90 lay the inner rall
hetween the switch ana the malu track.
SIX and a hail leet apart. -Four and
hall feet would have been AMPLE for
the purpose, and instead oi the Nholl-
sale night a. pat ID switches lp tbe
opinion Of The court, a single switch at
the western terminus would he sui
hcient for tie purpose 81 the road u'Ai
the company reaches it, private nghi
OF way, where, presumably, ueF may
have a. many switches a. they choose
This would protect the highway from
unrea sOna3le obstruction, and give op-
] .f H..a
right OF way for another single track 10
any other company Who may bc dtsf-
Gus 10 proceed from the city ln an
easterly direction toward lhe lake, and
still leave room for ord nary highway
purposes along the streets.
1T appears from the face Ol the re-
cord THAI il was proposed g. grant sac4
| q right 20 the Valley City Street ana
| Gable Railway Company. The court
has already express ed ln tine case tee
| opinion that the township board had
10 right 60 grant the exclusive RIGHT 20
use the street fOr railway purposes %
/ any one company II j. believed
/ 10 be matter Of common
| observation that the cable raIl-
| way system is the best system
for street railways yet devised, and
| anything which would lnterpose an
| impossible barrier u the egress of that
| system from the city toward Reed 3
| Lake over tins or any other highway, q
would be very wrong 10 attempt. and
| the court has reached the conclusion
that If the defendant company VIII 30
| construct single switch al IL western
| terminus, az that the INSIDE rall 81 tie
switch line. and the inside ral Of the
main line shall be not 20 exceed four
! feet and SIX inches apart, and w-l con-
siruct but one switch OF reasonable
| length, thus allowing opportunity for
| the township 10 allow the cable OF any
| other road a singles track parallel with
| this one.Onithe other SIDE OF the street,
| the court Will upon such conditions re-
| lease the defendant company from the
| restraining order now IN force, but
without prejudice 10 the bill Of COM
| plant and petition filed IN thls court
| by the township board, and with the
express understanding that Il the de-
| tendant company shall not fully con-
| struct It's lines IN every substantial par
ticular according 10 the terms and con-
| dItions Of the ordinance OF May p,
| and thus complete such road Us entire
| length within sixty DAYS from tins date.
| and that il Will grant a preliminary in-
| lAn1tlVlA sfNAA AAAaAt-r "a t-RtrA a-+ t-f''
| proceedings and eventually make that
| Injunction permanent.
" Although the thirty days first men
toned IN the ordinance did expire on
| August 30, il Is believed 10y the court
| that the delay Occasioned 10y the action
of the complainant township board
and the restraining orders heretofore
| issued bv Us are a sufficient reason for
the slow progress of the work, until this
| trial, and that by relieving the defend
ant of the present restraining order,
| and leaving their acts open 10 careful
| scrutiny at all times, aud leaving OPP
| pOrtunity for the township board o.
| complain at any time OF any wrong do
ing upon the part OF the defendant,
| either by omission or commission, that
the end desired by all companies and
all classes and interests can best be
| subseTyed.
Upon filing in this court Of q con-
sent in writing 10 the conditions hereby
| imposed a. 10 the distance apart from
each other of the main line and the
switch, and as 10 the one switch only,
the restraining order heretofore made
may be removed"