The times. (Owosso, Mich.) 1882-1897, 1891-08-21
Common Council.


Gil was held Monday evening, Mayor Smith
in the chair and every member present.
In accordance with a petition to that
effect, the city attorney was instructed to,
draw an ordinance for the licensing of boot
blacks at 81. 90 per year.
Geo. L. Abrey q Co., propretOrs of the
Woodlawn addition, notified the council
that the streets and alleys as plated were
for public use as highways.
Accounts amounting to $435.02 were
allowed.
The city attorney was instructed to take
efficient action to secure the 800 due the
fire department from the village of Ashley.
The most important business of the even
ing was the consideration of an ordinance
granting franchise to Haines Bros, of
Undertook, N. Y, which authorized them
to construct street railway on the follow
ing streets: Washington street from King
street to Corunna road; Main street from M.
c. depot to Washington street; State
street from Main street to D., G. III. Il Nj. g.
track; Michigan Avenue from Main street
to d., G. II. Il M. depot COrunna road
from Washington street east to city limits.
The ordinance calls for / d miles to be in
running order on or before the first day of
December, 1891; also the parties to notify
the council in writing within one month
after the passage of the ordinance of the
acceptance of the same, also said company
to give a 81, 900 bond to commence the work
within thirty days from the date of the ac-
ceptance of said franchise. The ordinance
was discussed thoroughly and finally passed
by the following vote: Ayes-Beebe,
Clapp, Parker, Robbins, Robinson. Nays
II. Frieseke j. Frieseke, LamfrOm.
An ordinance was passed to extend the
G.a sNu IN &NG Nl.x.a asAx
An appropriation for $500 was requested
by the committee in charge OF labor day.
The matter was referred to the finance COM
mittee.
Mayor Smith has filed the following veto
of the street railway franchise:
TO the Hon. the Common Council of the
city of Owoss0.
GentIemen:-Noticei is hereby given, that
the immediate operation of an ordinance
passed by said council at its last session,
and entitled IAN ordinance granting
Charles G. Haines; Elmer II. Haines and
Andrew S. Haines, of Kinderhook, New
York, their successors or assigns, permis-
sion to construct, use, keep and maintain
street railway in the city of Owosso. Michi-
gam" is hereby suspended, and that the
same should not go into effect, for the fol-
lowing reasons, viz:
The laws of this State provide for the in
corporation of street railway companies.
(HOwell's Statute Chapt. 05).
Some of the provisions of this act are,
that the term of existance Of such corpora
ton shall not exceed thirty years. That
any street railway company Incorporated
under such act may, with the consent of the
corporate authorities, and under such rules
and regulations as they may provide, con-
struct street railway in any city or village
of this State.
This act also contains provisions regu-
latin9 the manner of constructing and
operating such railway, and particularly as
to grades and manner of laying and main
tanning tracks on streets; also as to fees
thereon. 1t also makes the stockholders
therein personally liable for all labor per-
formed for such company. 1t also makes
such stockholders individually liable for its
debts, for an amount equal TO the amount
of any unpaid stock in such company held
by them. 1t provides for the making of
annual reports by such company, and for =
taxation of its property. Also how any
franchise granted them may be forfeited.
1t provides how service of legal process may
be made on such company. In fine, this
act seems to fairly protect the rights of any
IL, and also the rights of the public in any
city granting to such company the privilege
of building its road on their streets.
Furthermore, Sec. 80 of this act Q1ow.
Stat. general Sec. 3565) reads as follows:
"AJJ companies and corporations hereafter
formed for the purpose of constructing,
owning or using any street railroad for the
transportation of persons or passengers, in
any city or village, shall be organized
under the provisions of this act and shall
be subject to the provisions of Chapter 73, of
the Compiled Laws of this State, and to all
other general laws of this State relating to
corporations, so far as the same may be
applicable to corporations formed under this
act, and the Legislature may alter and
amend or repeal this act at any time"
My understanding is that the gentlemen,
Haines Bros, are not a corporation under
Chapter 95 of the laws of this State, but are
private individuals operating as cO-partners
merely, and as such desire to obtain the
rights and franchise sought to be granted
by the above mentioned ordinance.
1t would seem that Sec. 80 of Chapter 95,
above cited, fairly forbids the granting of
such franchises to private individuals, and
that the very purpose Of Chapter 95 was to
compel persons seeking such franchises, to
become incorporated under IL, and by so
doing, place themselves and the rights and
interests Of the city and public with whom
they are to deal within the control and pro-
lection of its specific provision.
If it Is within the power of municipalities
of this State to grant such franchises to
private individuals, then there is no legal
limit of the time for which they may be so
granted. 1t may be for dny number of
years or in perpetuity as well as for
thirty years or less. The only limit of time
of such grant to corporations lies in the lin
itations of the existence of such corporation
to thirty years.
And even though the granting of such,
franchise were not in violation of any law Of
this State, IL is evident that 1t will be for
the best interests of all concerned that any
grant of a franchise for a street railway in
this city, be to some Company lawfully in
under the provisions of said
Chapter 95.
Dated this 18th day of August, A. ID. 1891
Respectfully Yours,
STEARNs r. SMITH, Mayor.