The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-03-18
DOUBLING Mr.. BALDWIN
he Can't See His Way Clear 10 Grant
the Franchise.
A Street Railway In his Opinion 10
Hardly q Raiir0ad-Apother
Frultloos Meeting OF
the County board.

BY the Standards special Wire.
BUTTE, March 17.-The county commits
sioners met i'm special session tonight 10
consider the matter Of a franchise To the
Metropolitan Electric Railway company,
and after n elaboration Of two hours they
are apparently farther from an agreement
than ever. County Attorney Baldwin
stated that his opinion had not been
materially altered since tho last meeting.
He had made n list Of changes he would
:%. sYe w:a but the .h nu dlsss sei M to, TO he icon soTsi d
grant such u franchise. After reading
from several authorities he gave az his
il was only by implication and somewhat
doubtful. and IL the petition is granted it
should he done with great caution and de-
such authority could he implied
from the construction of section 6s6 and
at Se e. f Rsy i %as Snly II II in, Implication n.ssa0s ,,,,-
road company IL in operation in violation
of the law: Mr.. Baldwin said that was a
tanned through the courts, hut n one
thing is done. illegally that is no reason
for doing another illegally.
Baldwin's argumcn said the matter re
solves itself To the question whether the
pr~ctitioncrs are a railroad company or not.
The board has a right ON Mr.. BaldwIn's
to grant a franchise to railroads,
but nothing Is said of street railways.
word railroad, showing that il covers
commissioners Caplice thought the COM
exercised the implied authority and the
present. board might safely follow their
example. Mr.. baldwin, pursuinR his
street railway convertible terms. He
would not say absolutely that the board
had not the power but there was doubt ON
the matter. In any event, Inc said h
should be limited to one track.
II should not divert the public highway
too much; Mr.. baldwin said he was very
sorry the law i'm the matter was not more
definite and explicit AS the railway was
likely to be n public convenience instead
mind from all bias i'm the matter.
"If the franchise il to limit, us tn ono
track: We must decline to accept it," said
AS far as 1 am concerned, / will never
conccde but one track" said Commits
sioncr QueeDy.
''If that is hcc case there is no use of
Our talking longer" said Mr.. Ray. I'VE
don't ask for two tracks but we will not
be limited to one track. In case we need
constructing them. We only ask that the
franchise be silent as to the number of
"Thcc Citizens Of this city don't want
more than one track" said Mr.. Nc
1.-The citizens haven't expressed their
view said Mr.. Ray.
e- "w Hs ,be sg ri, ESins to SAID Pr1 Me-. M iss inssy.
that" said Mr.. Ray1 k" way "'
ait is doubtful IL the courts will allow
sucl, a franchise at ALL" said Mr.. Bald
"That is a question not for the county
ATTORNEY. but for the courts to determine
said Mr.. Ray.
"Weli, we arc ready to combat you on
the proposition any time" remarked the
county attorney. Mclluecny said that il
two tracks there would be three tracks in
some streets.
compelled to remain, i'm consequence OF
your petition asking that we leave an.
other street," said Mr.. Ray. "lf you had
not ci' lated he petition to move
us from Wyoming street we would moi
E,Ss ar Sa% to Mr. fnn Mss,u ssr ' aami,,s e
a petition. but was acting in his capacity
commissioners. The railway would injurt
desired It's removal to another street. HI
thought he had n right as Mr.. McQuecnS
simply, tn circulate any petition h
reserve our opinion as to the pro
prlesY OF such action on your part, ba,
s ssHai H. ad Ras. your s1idi ies"i mn right Sis , @. DO a IT.,
putting on his overcoa,. Mr. i" Ray inauiret
Of MIR. Baldwin IL he would begin proceed
Inc streets Of =" Which, Hsis'% %ec sa"y to '' II,
illegal possession, and MIR. BALDWIN
lice being i'm favor of the franchise, ant
Commissioner Mctlueeny opposed to il
the franchise falls through virtually.
1t may be that when COMMISSIONS
Palmer returns it can be granted, but no
at present. Tomorrow the attorney fol
the company will prepare papers asking
~condemning land for railroad purposes
1t was stated at the meeting tina
Judge Dixon gave il as his opinion tina
there il no doubt i'm tho world as to ths
boards authority to issue such n fran
| chise as that asked.