The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-07-14
The STREET CAR FARES.
Opinion Of City Attorney 5. H. Mo
Intirs as Submitted 10 the
Council.
Tho Helena Electric Company Has
the Right to Ask Ten
Gents.

On SEINE Parts Of the Rapid Transit the
Couaoll VI Order Reduction 70
Fivs Cents.
The report made by City Attorney No
Intlre to the city council on Tuesday night,
regarding the street oar fare question. gives
a history of all the ordinances on the sub
ject. He says tho first ordinance. that Of
March Ii, 1886. granted privileges TO the
Helena Street Railway company and pro
vided that for ivs years after tho council
should not compel the company to charge
less than 10 cents fare; and that. II after
that time the company paid ~ per cent.
dividends the council could reduce tho fares
to not less than five cents. On June "a,
1883, tho council gave a franchise to James
p. Porter, William Muth and w. +. Cox.
and prohibited the city compelling them to
charge less than ~ oents for Ave years,
after which it could be reduced to i've.
Another ordinance of the same date gave
tho Helena Street Railway company the
right to build additional lines, aud made
the same provision regarding 10 cent fares
for five years as in the Muth. Porter and
Cox ordinance. Similar provisions we're
made in ordinances giving franchises to the
Helena Motor Railway on Nov. Is, 1883; to
Michael Kesfe on July Is, 1889; to ]. j.
Palmer on Sept. II, 1889; and to Charles A.
B~roadwater On Jan. 8, 1880. In January,
1880, the Helena Hot Springs company was
given a franchise which provided that for
i've years after April %, 1883, they might
charge 10 cents. after which time the coun-
Gil might compel a five cent fare. On Feb.
IA, 1890. Franklin II. Wallace got a fran
chise with the same provision as to fares.
Among the subsequent ordinances is one of
July 8, 1890, granting additional privileges
to the Helena Street Railway company and
providing for a five cent fare on Main
street. Helena avenue and depot route. The
Winnie line got a franchise for the Lennox
route with q minimum five cent fare pro-
vision.
An ordinance was passed in March, 1891,
allowing the Helena Electric Railway to
charge 10 cents. but compelling the sale of
eight tickets for 80 csnts, or sixteen for a
dollar. It also provided that the council
shall not compel a less charge than 10 cents
until the company pay 10 per cent or
more dividends. An ordinanc CO of October,
1891. gave w. H. Clarke privileges for the
old motor line. and provided for five cent
fares. A number Of the franchises have
been forfeited or died out for non-compli-
ance with the conditions. The city attor-
ney considers only the living franchises.
He says:
"As almost all the numerous franchises
granted to different individuals and corpo-
Natvrno IN thu ,nok ho 90 boan nhc1phn1 h.
the Helena Electric Railway company and
the Rapid Transit Railway company: n
further IA a different rule of law, touching
the right to increase the fares from time to
time, applies to each of these companies I
shall divide this subject into two classes.
hns the power to regulate the operating or
street railways upon the strests OF the city,
and may say what fares shall be Charged
the view laid down by such authorizes as
Dillon on Municipal Corporations and
Lawson's Rights, Remedies and Practice.
be solved readily by a consideration of the
several ordinances.
1.-THE Helena Electric Railway company,
in 1891, got the city council to PASS the
ordinance allowing them to charge 10 cents
and sci! eight tickets. for 80 cents. etc:
10 per cent per annum upon its capital
stock, it has the right, bv ex-
press grant. to charge ten cents for each
single fare. and Ga cents for Communication
tickets. and the city council oannot inter-
fore with these charges. But a different
rule applies to the other corporation, the
Rapid Transit Railway company. in the
absence of any general and comprehensive
ordinance such as that affecting the othec
company. So the rights of this other COM
any must be governed by the franchises to
which it succeeded by purchase.
"IhA nrincinnl nOrkiona If this c0m-
pany's lines are the Hotel B~roadwater. the
Northern Pacific depot, the Lenox addition
and the Harrison avenue loops, n different
rules apply to them. The lines to the Hotel
Broadwater and the Northern Pacific depot
constitute what was formerly the Helena
Hot Springs and Smelter Railway company
franchise; it was purchased by one VIM. II.
Clarke; and by him converted from q steam
into an electric railway. BY the terms
Of ordinance Of January, 1891, after April
%. 1893. the city council. can compel a
charge of tive cents for each passenger over
the line embraced within the old franchise.
The line to Lenox il subject to a five cents
rate; and the line along Clarke street and
Harrison avenue Is governed by the Clarke
franchise contained in ordinance of Octo-
Dor, 1891, which expressly provides for a
charge of not less than five cents.
'"The statement was made by the attorney
of the Helena Rapid Transit Railway com-
pany before the city council. at its last
meeting, That BY reason of some subsidy to
che company by the land syndicate ut the
Lenox addition practically = tive-cent fare
was in effect out to that suburb. SO that
only the short loops on Harrison avenue
and jackson street would be sub
ject to a reduction by the city eouncil until
after the 22d day of next Az ril, when upon
the principal part of the line the company
will be compelled to reduce the fare, il the
council 90 directs. to Ave cents.
1T is my opinion, that. except where al
ready permitted by express grant to make a
certain fixed charge of 10 cents, and where
the franchises provide for a minimum of
five cents, the CITY council has the power to
order the street railway companies to adopt
the minimum tariff; aud the argument
that. under an ordinance fixing the lowest
limit at five cents. a street railway COM
pany, the creature Of tho city council, can
charge 10 cents or even a dollar for each
PASSENGER, il it sees ct, strikes mo a. absurd.
1t would have. perhaps. been good policy
on the part of the Rapid Transit Railway
company to apply to the city council for
the passage of an ordinance governing it,
similar to that obtained by tho Helena
Electric Railway company; and such a
course would have settled the matter, and
prevented the introduction of condemna-
tory resolutions. Sui that has not been
done.
1.-The matter. then, is in this condition.
The Helena Electric Railway company can