Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-10-08
TEST TO BE MADE
The Question of Municipal Au-
thority
TO AMEND AN ORDINANCE
VIII Become the Subject for Considsrs-
ton IN the Supreme Court-Ths
City Attorneys Opinion.

The amendment TO the street rail-
way ordinance submitted 10 the COM
mon council September 10, aud which
Is designed to 50 change the ordinance
that the city may order concrete foun-
dation laid between the rails, will
doubtless be reported upon next Mon
day favorably. Ii has been u question
requiring great care on the part Of the
committee, and one upon which some
legal advice Was necessary. As soon
as the amended ordinance was pre-
sented TO the council and referred TO
the committee on ordinances the
Street Railway company communi-
Gated with the council and warned
it that no such amendment would he
accepted by the company. II denied
the right or power of the council TO
amend the ordinance without the con-
sent of the directors of the company.
City Attorney Taylor has gwen the
question careful consideration and mas
gwen the committee his opinion on the
subject, which is IN effect that the
C uncil has q right TO amend the ordi-
nance. Mr.. Taylor WAS asked ye.ter-
day about the matter and said the
question had never been settled IN
| court. He could not find similar
case IN any of the reports, but he was
satisfied in his own mind that q COUP
Gil has not the power 10 bind cue
ceeding council or councils IN the mat
ter OF street paving.
Cannot Bind the City's Policy.
1t does not seem to him reasonable
that q council could have the power to
bind the policy Of the city as to the
wav in which streets could be paved
for years or during the life of the
franchises granted to the Street Rail-
way company. However, he says the
question Is q new one and would have
10 go 10 the supreme court for settle
ment. He 10 OF the opinion that the
supreme court would hold section 4
of the street railway ordinance uncOn-
stltutIonal. The amended section pro-
yides that all new rails TO be LAID in the
construction OF new tracks or In the re-
pair of old tracks, shall be OF steel and
| shall weigh forty-tivs pounds to the
| yard. All rails must be laid to least OBJ
struct the passage of vehicles and must
| conform To the grade. In regrading
any street If it IS necessary to relay the
track the company must stand the ex-
| pense. The company must keep the
space within the rails and for eight
inches outside the rails in good repair.
| When the council shall order q street
paved the Company must bear the ex-
| pense # paving between the rails and
| for eight inches on the outside. The
rest of the section is identical with the
original, except that the following
clause is left out entirely: "The city
shall not pave or lay foundation for
paving, nor said railway company be
required to pave or lay foundation
/ for paving between its rails or for eight
inches on the outside thereof with con.
crete or any other material, which will
interfere with the company's making
repairs To its cross ties, joints, ground
wires or other necessary repairs to iti
Rad bed, but shall pave with such
material and IN such manner as may
be ordered by the common council"
Should the ordinance as amended
pass, there may be contest IN the
courts which will decide the power OF
city councils in matters of this nature