Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-03-22
HIGH STREET TRACKS
Are All Right, According to the Su-
preme Tribunal of the State.
THE FORMER DECREE REVERSED.
a Decision Very Important to Extensive
Pittsburs Interests
BUSINESS OF THE COUNTY COURTS

A very important matter to Pittsburg in
terests was decided by the Supreme Court
at Philadelphia yesterday. Mr. RAFFERTY,
and certain other owners of property on
High street obtained On injunction IN the
court below, restraining the traction COM
many from occupying High street with Its
tracks on the ground that the Center ave
nue. Passenger Railway Company, of which
the Central Traction Company was the sue
cessor. had no rights or franchises on said
street. and therefore the Central Traction
Company had no rights thereon.
The decree of the Court below is reversed
and the bill of the plaintiffs and all the
proceedings Hereunder are dismissed and
set aside. but all of the costs of the case
shall be paid by the defendant. The
opinion was written by Justice Green.
The opinion reads:
We dismiss the first and second assign
ments of error because we think that the
cause of complaint is one that ls preclseiE
is apainst the same defendant, for the dong
of acts which affected all alike ana In the
same manner The defense set up Is COM
mon to all the plaintiffs. 1t is not necessary
~ cite authorities to show that all these
matters concur or bill filed by several such
nlaintiffs against a common defenoant is
not multlfarious on the Wr1ts OF Ine case:
II is not contested that all the powers which
the passenger railway comDany possessed
were conferred upon the traction company
by the agreement between the TWO com-
panies made December q, lSse.
Full Rights and Powers
IT tmust also be conceded that the traction
company had full power under the act of
1857 ito lease the property and franchises of
Messenger railway companies which they
NAV desire to operate and to operate said
,ailways and also to enter upon any street
upon which a passenger railway now is or
NAV hereafter be constructed, with the con-
sent of said railway passenger company. anu
make. construct. MAINTAIN anu apeIAoe oe
other aDDliances and the necessary and con-
venienr apparatus and mechanical nxtures
as will provide for the traction OF the cars OF
such messenger railway and to enter into
contracts with passenger railway companies
to construct and operate motors ca aoles or
other appliances necessary Tor the tractlon
of their cars, under the ample powers ana
rights conferred by the act of 1857 1t cannot
be doubted that the defendant company had
full power and authority to enter INTO the
contract in question with the CenSfal fas-
senger Railway Company.
The authority of the traction company,
however, to do the acts complained OF IN
this case is denied on two grounds One is
that the power of the traction company Is
limited by the act of 1887 to laying tracks
upon streets where tracks had already been
laid, and, there fore, no entry Tor tnat pur-
pose could be made upon any street In
which the track. of the railway company
had never been laid. 1t is replied to this OBJ
iecticn that the railway company had the
undoubted right to lay tracks on High street
under their charter and the city ordinances
giving consent The master so found, and
there is no question that the finding on thet
subject is correct. The first section of the
charter authorized the construction of
railway along certain streets named and
with such branch or branches as the said
company may at any time adopt. AT
meeting of the directors of the railway COM
pany held December 81 1885, resolution
was passed adopting certain branches to the
main line, among which was one through
High street in both directions. By an ordi-
nance of the City Council, passed February
G. 1891 authority was given to the railway
company to enter upon the several streets
named, including High street, and to con-
struct maintain and operate Its passenger
railway thereon.
Intent of the Ordinance.
By another ordinance of the same date the
Central Traction company was authorized
to enter with the consent of the Central Pas
senger Railway Company upon any street,
upon which their railway now is, or may
hereafter be constructed for the purpose of
constructing, manufacturing and operating
in and upon any or all of said streets and
avenues, such motors, cables, electrical or
other appliances, and such necessary and
convenient apparatus and mechanical
fixtures as Wilt provide for the traction of
cars. We know of no reason to question the
legal efficacy of any of these proceedings.
The adoption Of branch through High
street was made by the Board of Directors
OF the rail way company at meeting regu-
Councils were duly enacted by the proper
authorities. Everything done was in strict
conformity with all legal requirements, and
in our opinion sufficed to clothe with the
authority of the law all the acts of the
several parties done in conformity with
those requirements.
On December q, 1888, contract was entered
into between the two companies by which
the railway company agreed that the trac-
ton company might enter upon any and all
highways on which the tracks of the rail-
way company now or hereafter may be con-
Structed and may there construct, maintain
and operate during the term of this contract
such motors, cables, electrical Or other ap-
pliances and such necessary and convenient
apparatus and mechanical fixtures as will
provide for the traction of cars on the track
Of said passenger railway company. The
contract was to continue during the term of
90 years, and contained other provisions as
to Details and required the traction COM
pany to pay an annual rent of $26 250 in con-
sideration for the rights and privileges
granted by the contract If this contract
parties to make we cannot perceive the
slightest reason for questioning the good
faith OF the right of either of the parties to
consent to its terms and become bound by
them 1t is not a matter of the smallest pos
sible consequence whether either or both of
the parties found it to their pecuniary ad-
vantage to enter into and to execute this en-
gagement.
NOT SHAn0W OF CASE