Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-09

them may. have been forfeited By
abandonment or otherwise. IN
By the act under which the railroad
company was incorporated 1t is pro
Sided that II a company fails to finish
the road which II Is Incorporated e
build, and put the same in full opera
ton within six years, its acf,of incor-
poration shall be void. Compiled
Laws. lS76, page 2lTj. Under sIich
statutory provisions a failure on the
part Of the company 10 comply with
these requirements operates 70 forfeit
its charter. Recognizing this condi-
ton OF the law, the company 20
amended is articles of incorporation
within six years from its original In
corporation in respect 10 the route
and termini Of its railway a. TO pre-
vent such forfeiture. The amendment
which was made in l67e. just before
the expiration Of six years from the
original filing Of the articles Of incor-
poration, Twill be found to confine It's
route and terminal 20 the railway a;
that time actually constructed and
operated. 81 tbs Amendment 1t will
be seen that First East Street is ex-
| cluded throughout its entire length.
This was a voluntary act on the part
OF the said railroad company. depriv-
ing itself Of the corporate right OF con-
structiDg or owning or operating a
railway thereon.
The articles Of incorporation OF the
Salt Lake City Railroad Company
remained as thus amended until the
10Th day of February. 1859. when Ar
ticle 6 of the articles a. amended in
| ISIS was rea.nended 50 as TO read as
follows: This corporation is organ
lied for the purpose OF constructing,
maintaining and Operating single or
double-track street railroad in Salt
Lake City, Salt Lake County, Utah
Territory, upon each and all OF the
streets OF said city. TO the full ex-
tent and within the terminal limits
thereof.r rL.r
Section OF the act OF February
i2rh, 1859, entitled, IAN act for the in
| corporation Of railroad companies and
the management Of the affairs there
Of" under which this railway COM
pany was Incorporated, required that
the articles OF Incorporation should
define the termini Of the proposed
railroad company, and should specify
| its general route and mileage. From
the lime then when the Salt Lake City
Railroad Company amended is ar
/ ticles, to-wii; January 20, ISIS, until
they reaupendsd the same on Febru-
ary II, 1883, the constructing and
maintaining OF railroad on First
East Street was beyond the scope OF
the declared purpose Of the orgAniza-
lion and existence Of that company.
During all this period Of more than
1 al aae1 in n
City Council, daily, that IL did not
intend TO avail itself OF the privilege
heretofore granted il by the city, Of
constructing or maintaining track on
First East Street. or on any OF the
streets in said. city, other than those
specifically enumerated in its amended
articles OF January, 1878
While the TACT OF abandonment. Is
always n question OF fyeniion, and,
therefore. this action on tie part OF the
company may not be conclusive proof
of an abandonment Of the right to
build on First East Street yet II Is very
cogent evidence Of such an intent.
However this may be, il seems 10 Us
quite clear that after such action on
the part of this company the city was
no longer under any obligation not 20
revoke the PRIVILEGES heretofore
granted 70 the Company, except 50 far
as the same had been acted upon and
executed by the company. A revoca-
ton under the circumstances involved
no breach of faith. On the contrary,
the conditions existing al the time Of
the several grants by the aei;y TO the
company. above referred 10. may have
since then, and since the company's
amendment Of its articles in lSTs. been
so materially shshged Is 10 justly call
for such revocation.
For instance,if is generally believed,
and is doubtless true, that the city has
more than doubled in wealth and
population since that date, and while
il might have been quite judicious at
the time those several ordinances and
resolutions were passed TO confer
without price the privileges that were
50 conferred upon this company yet
IL might be most unwise To do so now.
when perhaps the granting OF the
same OF Ike privileges could be made
a source OF revenue TO the city.
Has there ever been n revocation Of
the privilege cnce PRINTED this COM
pany 10 construct aud maintain street
railway ON First East street, We think
so; II MT expressly, yet by necessary
implication. from the following facts:
September 10. 1880, the Salt Lake Cit.-
Railroad Company itiilloned the City
Council TOR permission tn construct
and operate by horses. electric or cable
motive power, n single or double track
street railroad ON various streets OF
said city, particularly specified in said
petition, among others being First
last street.
On February II, 1900, the City Coun-
ell answering this petition passed a
resolution grShiinS such permission as
to many Of the streets embraced in the
petition, but emitting thereirom First
East street entirely. Here is plain
refusal Of the prayer OF the petition
so far as First East street Is concerned.
Moreover, the sixth section Of this
resolution provided thst II the com
pany failed to accept in writing within
thirty days the grant contained in the
resolution with the terms and condi-
tons thereof, then the said grants
should become null and void. The
company did so arcep;. and thereby
we think relinquished the right, n any,
which it fuaY have heretofore had TO
construct lis lines ON First East Street.
In our opinion, the salt Lake City
Railroad Company has Alright TO oper-
ate railways in all the streets in the
city, upon which they now have roads
in operation, but upon no ether streets
for which they have not obtained
specific grants since the reamendment
Of their articles OF CORPORATION.
Copies of tho etticles Of incorpora-
ton Of the Salt Lake Railroad Com
pany. OF the amendment Of article
ikereof, and Of the rearnendment OF
article 6 are hereunto attached marked
A, b and c, respectively.
;. a. MERRITT, City Attorney
w. II. DICKSON,
W. q. Van HORNE.
Exhibit A refers 10 the original
charter, Exhibit n to the amend
ment OF February 20, 1855, and Ex-
hibit c to the amendment Of Febru-
AIRY 20, 1889.
The report was adopted.
City Attorney Merritt recon-
mended Ethst Andrew steyens be
given & ccrrrcted deed to his proper
~. Adopted. .
Charles Wilcken submitted the
report Of the city watermaster's
office up TO March 81, 1890. Re
ferred to the committee on finance.
George NJ. ottingeF reported the
condition anil Business Of the fire
department for the quarter ending
March 81, 1890. Referred TO the com
mittee on,inance.
Charles Wilcken reported on Lib
erty Park for the quarter ending
March 81. Referred to the committee
on finance.
III. NJ. Wells submitted the report
of The city auditor for the quarter
ending March 81. Referred to the
committee on finance.
Police Justice Laney made hi-
report for March. 1t shows 203 cases
tried, and fines TO the amount OF
S25s2 IS assessed. or this amount
Sl29a. SIS was paid in cash, S12se in !
labor. IS was RENTED. and rne Se5 |
case had been Appealed. Referred !
TO the Committee on finance.
The street superyisor and city en-