Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-12-07
PA. December Z. 1889
The Street Railways,

lt Il claimed on behalf Of the street
railway companies that the law under
which they were originally incorpor-
ated does not control them, since they
have accepted the provisions of
the oct of 1850. II is true that they
have undertaken to get under cover Of
tho act. tn, East End company at
meeting Of its stockholders held May "A,
1859, and the Lancaster City company
ct . like meeting held May q, 1889,
having unanimously resolved to accept
the provisions Of the act Of 1880; and
doabtless they have fled with the Sec
retary Of state their certificates to that
erect, which are supposed to create them
bodies polite under the law.
But how is it II It Is false certificate,
- that Of these companies seems to be,
since they have not in fact accepted
the provisions Of the law, which they
declare that they have accepted One of
The most important Of the requirements
of the act of 1889, is that the companies
chartered under 1t shall have their
routes in continuous circuit, so that
there shall be no need of the turnouts
that 90 occupy and disfigure the streets
and impede ordinary vehicles.
Section Is reads mo street passenger
railway shall bo constructed by any
company incorporated under this act
within the limits Of any city, borough
or township, without the consent of the
local authorities thereof, nor shall any
street passenger railway be Incorporated
hereunder, which shall not have q con-
tinuous route from the beginning TO the
end, covering a complete circuit with
its own track" excepting only that not
moro than 500 feet of any other railway
company's track may be used to CON-
plsts the circuit.
Under that section 1t seems clear to
us that our street railway companies, in
accepting tho provisions of the act, were
bound to make their roads into complete
circuits; which they have not done or
attempted to do but they have persist
entity maintained their turnouts they
have relaid them on Duke street, where
the new pavements have just been put
down, and have even had the calm
audacity to seek from the city permits
sion to lay additional turnouts. We
DO not think that any fair construction
Of the law Of 1850 can be made under
which the lines of our railways can be
held to be lawfully laid for they cer-
tainly do not form " a complete circuit" I"
Any Interpretation of complete cir
cult " that would hold 1t to DO satisfied
BY running In and out on turnouts
seems absurd. The circuit required is
by continuous aLd separate line from
beginning to end. Why else should this
be made condition Of the charter
What else was the object Of this proviso
1t ought not to be subject Of dispute
that the law requires the consent Of the
city authorities TO grant of privileges
upon the highways to be made with the
formality and deliberations Of an ordi-
nance. That is reasonable, and the law
is the perfection of reason. When in
doubt as to what the law may be, it Is
safe to conclude that 1t Is what is most
reasonable.
And the conclusion we surely reach
h that the power to put poles upon the
streets, and to use electricity as motor
Cf the street cars, has not yet been
granted; and that the law and the
councils will at least see to II that the
I rails are laid in complete circuits, and
that turnouts are abolished, before this
new privilege is obtained.