The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-30
Street Railway Cases Decided by
Judge Hunt in the District
Court.
The Consolidated Roads Only Al
lowed One Track on Main
Street.
A Long Opinion ON Corporation Grants
and . Coming Appeal to tho
Supreme Court

Judge Hunt rendered his decisions yester
day in the street railway injunctions. Thu
Wallace people win in all three cases, tn,
| injunctions against them being dissolved
| and those against the Helena street railway
and the Helena electric railway companies
being continued. The matter will be ap
pealed to the supreme court. If theB road
| water people lose there they have still the
privilege of trial on the merits of the cases
The opinions were very long and went into
the history of the different franchises, and
| the proceedings done under them, and cites
many authorities on the subject of cor.
porate privileges. Fully an hour and three.
quarters were occupied in delivering the
L opinions.
H Three rights were involved in the street
railway problem. One was that granted to
franklin r. Wallace, another that given
the electric company, and the
other that acquired by the Helena
street railway company by purchase
from Broadwater and others of their
( Wallace and the electric company involved
the right of the latter to lay tracks on
Il Main street from Grand street to Sixth
] avenue. The issue between Wallace and
/ the street railway company was the right
of the latter to lay double tracks on Main
street, between sixth and Helena avenues.
There were great many legal problems
and questions involved, but the decisions
in which the people Of Helena have the
most concern may be summed up briefly:
Giving the most earnest consideration
to the ordinance Of 1885," says the Judge in
one opinion. 1T is very difficult to say
whether or not the right was granted to lay
two tracks on Main street below Sixth ave-
nue.. With this doubt alone the decision
would be against the plaintiff. On exami-
nation of all the ordinances in
relation to the street car COM
pany and street railroads in
general, the court concludes that the doubt
was not only we'll founded upon the terms
| Of the ordinance, but that thu city clearly
intended not to grant anything more than
the right to construct a single track with
turntables and turnouts." The Judge
therefore holds that the company never had
the right to build double track on Main
street from Sixth avenue to Helena avenue.
The principle upon which the court was
governed was that where privileges en-
croach on the public rights they are to be
construed more strongly in favor Of the
people, and not extended beyond the ex-f
press words in which they are given; and
that legislative grant must be construed
~ az to effect the intent Of the grantors;
also that an an ambiguity shall not be con-
strued in favor of the grantee.
Asto the Wallace rights, the judge holds
that the ordinance under which he secured
his grant was contract between him and
the city, and could not be altered without
his consent; that the city decided there
should be but two tracks, one for the Hell
fena Street Railway company and the other
east OF 1t; and that this decision was made
prior to the passage of the Electric COM
sPany's ordinance, the additional track was
Tor the Wallace line. The in3oo kho-oeo,.,
holds that the city could not grant the
electric company the right to place tracks
on the same line as Wallace; that II never
attempted to do 80, but simply undertook
70 give the Electric company the right to
use the track jointly with the Wallace COM
pa0y. TT =
While the cases have been pending in
court the Helena Street Railway company
and the, Helena Electric Railway COMPANY
have consolidated. Az one of them has
single line already on the disputed portion
of the street, the effect Of the decision will
be to have both roads use this one track. or
theirs. 'o "