The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-07-27
ITS CHARTER STILL ALIVE.
The City Attorneys Opinion on the
City and Suburban's Franchise.

ne lily attorney OplnlOn Oh IAo
City and Suburban's Franchise.
The report of City Attorney Adams on
the forfeiture of rights TO the use Whitaker
street, aud as to the life of its charter, was
not just what Alderman Falhgant had
hoped for, but it is none the less interesting,
and under the guidance of the city attor-
ney's decision Alderman Falligant may, II
he is so inclined, act individually for the
state in bringing the question into the
courts for determining whether the City and
Suburban Company, by any lapse, should
forfeit the Whitaker street franchise. The
report OF the city attorney is a. follows:
1.-THE resolution of Alderman Falligant
concerning the City and Suburban Railway
Company adopted at your meeting of the
18th ultimo embodieS two questions, viz. a.:
First, whether the City and Suburban Rail
way Company, by abandoning the line of
the Savannah, Skidaway and Seaboard
Railway Company from Second street
south has not forfeited any rights to the
use of Whitaker street. originally granted
to the Savanna, SkidaRay and Sea5oard
railroad as part OF its line; and, second,
whether the privilege granted to the said
Savannah, Skidaway aud Sea0oard railroad
by the city extended beyond the life of its
charter
''In answer to the first question | beg to
say that, in my opinion, the only method of
causing a forfeiture of the right to use
Whitaker street by the City and Suburban
Railway Company. for the reason sug-
gested in the resolution, is by a proceeding
in the superior court, in the name of the
state, for the forfeiture of the charter of
this company because of a non-use of its
franchises. | do not think that the CITY
could cause discontinuance of the use of
Whitaker street, or that such dis
continuance could result save from
the judgment of the court declaring
the franchises forfeited All privileges
are granted corporations on condition that
they shall be duly executed according to the
grant, and neglect to perform the terms
may result in forfeiture of the corporate
franchises, if it be judicially ascertained
that the neglect was sufficiently serious to
Justify such forfeiture. But this defau t
must be determined in a suit against the
corporation instituted for the purpose. This
suit would have to be brought i the name
OF the state, representing the general public,
and the city would not be party. The
question put is a very different one from that
which would arise if this company were tc
cease to run its cars on their tracks laid on
street, and the consequent right of the city
| to have its rails removed.
Noticing the second question, | beg tC
| say that, Ia my opinion, the charter of the
Savannah, Skidaway and Seaboard Com
| pany is still in life. The City and
| Suburban Railway Company is the sue
| cessor of this railroad company, having
| purchased the same, and, under the terms OF
| the act of the legislature passed in 1876, ha:
been subrogated to all the powers. rights
| immunitieS, privileges and franchises of it:
| successor. The Savannah, Skidaway and
| Seaboard railroad was incorporated Dec
, 20, 1866, and was authorized by this act tt
| construct and main ain a railroad from c
| point within the corporate limits of the
city of Savannah to the Isle OF
| Hope and Skidaway Island and
| to construct and MAINTAIN branch
roads, beginning at points OIL the main line
| to Montgomery and White Bluff. Its
charter being silent as to its life, under the
| general law of the state its duration was
| fixed for thirty years from the date of its
charter. The last section of the act of in
corporation confines the exclusive privilege
to operate the railroad and its branches
within the points designated to twenty
years, but expressly provides that the cor
porate existence might continue notwith-
standing the termination of the exclusive
right. Subsequently, by ordinance passed
4 July %, 1868, the city of Savannah under
| took TO give this railroad company the ex-
| elusive right of way over all the streets
| in the city of Savannay, excepting suct
| streets as were intersected by squares
and those of less than forty-five feet il
| width for the purpose of connecting theil
| line of railway with the streets of The city by
| horse railway cars or carriages, aud for the
transportation of passengers and their bag
| gage, and to construct street railroad anC
| such branches, switches, turnoutS and side
| tracks as may be necessary in and on sale
| streets. and to use, own and operate sale
| railroad and cars for the full term of te.
| years, and for such further time as may b.
| granted by the legislature of Georgia
There was attached as a further con
| ditlon of this ordinance that the
| company should. within three year
from its date, have its railway in runnin.
order through certain streets, and among
them Whitaker street, from Bay to Ander
son. The company realizing, doubtless, the
insuff1ciency of an ordinance for the pur
| poses contemplated, obtained from the legis
lature a confirmation grant, approved Sept
%, 1868, of all the rights, privileges and fran
chises which the ordinance had undertaken
to confer, and extending the time of tel
years granted by the ordinance to thirty
years. In the case of this railroad compan,
against the Coast Line, Railroad Campan'
reported in 40 Georgia. and decided in 1873
| our supreme court intimated that this com
| panv may have forfeited certain privilege
by its failure to have its railway in run
ming order through certain streets, and hell
that All ordinance of the city extending the
| time did not help the matter. At a meet
ing of the next legislature the company
obtained an act, which was passed Marcel
2, 1874, relieving it from any and all for
| feiture of its charter, or other penalt,
which 1t may have incurred by reason o
any failure or delay in the building O
using of its lines of railway within tn
time prescribed by ordinance. or the act o
legislature or for any other reasons o
causes whatsoever. 1t seems to me clear
therefore, that the charter of the Savan lah
| Skidaway and Seaboard Railroad Compan,
is still in life, and will be for some years t.
| come.n
Thorpe Makes Statement.
| Editor Morning Mems: The statemen