The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-25
THE FRANCHISE NOT PERPETUAL.

The Journal hopes there will be no I'M
necessary delay in reaching and disposing
of the motion of the Citizens Street-rail-
read Company for a perpetual injunction
against the City Railway Company forbid
ding the latter to lay tracks in any of the
streets of the city. The motion is based on
the ground that the Citizens company has
a perpetual charter, and, therefore, a per-
petual right to the exclusive use of the
streets for railroad purposes So important
a question as this should be decided with
out unnecessary delay, in order that the
city may know where it stands.
The claim of a perpetual franchise is
based, as the Journal understands, on the
fact that the Citizens company is organized
urder the general law of the State, which
places no limitation on the existence of cor
porations formed under 1T. This is the law
Of 1861, which provides that any number of
persons, not less than five may, under GER
tain conditions therein prescribed, become
incorporated ''for the purpose of construct
railroads. switches or side tracks upon and
through the streets Of the cities or towns
within this State" This law, like the gen.
eral laws relating to other kinds of corpora
tions, contains no limitation on the exist
ence of corporations formed under it. 1t is
undoubtedly true, therefore, that in so far
as the corporate existence of the Citizens
company is concerned it's charter is perpet-
ual, but it does not follow that it's fran
chise from the city is perpetual. The COM
pany gets it's charter from the Legislature
but it gets its franchise to use the streets
from the city. The Legislature never in
tended to grant any company franchise
for the use of the streets of this or any
bther city. IL simply gave directions how
street-railroad companies might be organ
lied, and left the matter Of granting fran
chises to the different cities in which they
might be asked for That the Legislature
did not intend to take this right away from
cities is shown by Section IL of the act
which Is as follows:
Nothing in this act contained shall be so
construed as TO take away from the COM
mon councils or incorporated cities the ex-
elusive powers now exercised over the
streets, highways, alleys and bridges with
in the corporate limits of such cities; and
AN street-railway companies which may be
organized under the provisions of this act
shall first obtain the consent of such COM
mon council TO the location, survey and
construction of any street railroad through
or across the public streets of any city be-
fore the construction of the same shall be
commenced.
This shows that the Legislature had no
intention OF granting franchise to any
company that might be organized under the
act, nor any intention OF taking away from
| control Of their streets. After a street
railroad is organized and incorporated un-
| der the law 1t cannot take step toward
| building a road in any street without the
elusive powers over the streets are reserved
by the section above quoted. The charter
carries no franchise.
| The franchise of the Citizens company
was granted by the Council on the 18th of
January. 1864. 1t gave the company the
right TO use the streets of the city therein
named for strcet-railroad purposes for the
term of thirty years from that date. SUBJ
sequently. viz, by ordinance OF April 4.
1850, the l.fe OF the franchise was extended
seven years. so that the ordinance as IL
now stands reads as follows:
The right TO operate said railway shall
| extend to the full time of thirty-seven