San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-11-06
WHO OWNS THE STREETS.

n
has long been regarded as inevi
table, that question the right o
the city of San Antonio to contro
its streets and highways in any
matter that conflicts with the
claims or interests OF the San An
tonic street car company. This is
no new thing under the sun. The
Igrowing usurpations of a corpora
tion existing wholly by the fran
chises OF the city have been COM
mented upon so frequently that it
is stale matter, and yet it is
high time that the question was
set at rest forever That the
city has the right to lay its sewers,
where alone they should be laid,
in the center of the streets
so as to give equal access to the
mains from both sides Of the street,
seems 90 obvious that the stranger
within our gates, unaccustomed to
the manner in which the city has
been ridden by the street car COM
pany, cannot see where the con-
troversy could possibly originate.
That it originates solely in the
mind of the street car company is
hardly true, for it is an I'M
fortunate fact that the original
franchise granted that corpor-
alton is an open one, not
guarding the city's interest
as it should and leaving to the con-
traversy and decision of the courts
what should have in the first place
been specially set forth in the char
ter Of the corporation holding its
franchise from the city. This laxity
in the past, however, cannot be in
terpreted to mean that the city
conveyed all of its right, title and
interest in the streets to the street
car company that is now at issue
with the city. Cannot, because
the latest wording OF the city char
ter on this point says:
"To have the exclusive control
and power over the streets, alleys,
sidewalks, lanes, avenues, public
grounds and highways Of the city,
and to abate and remove obstruc-
tions thereon; to open alter, widen
straighten, extend, abolish, regu-
late, clean, pave, macadamize or
9th erwise improve the same: to
put drains and sewers therein.
This is the language of the char
ter under which the city Of San
Antonio does business. This char
ter was amended at the last session
Of the state legislature, and it is
presumably upon that, among
other things, that the car company
relies in its attemp to prevent the
city laying sewers on the streets
traversed by the car lines. The
amendment referred to is among
the special acts Of the late legisla-
ture, because law without tn o sig
nature of the governor and being
passed with the emergency clause,
became law from date Of its pas
sage. This amendment reads:
"Ssid city is hereby given the
right to lay, construct and main
tain its sewers in, under, and across
or along any public street, high
way or public grounds, within or
without the corporation limits of
said city: Provided, that due re-
gard shall be had to the franchise
rights and vested rights in, upon
and along said streets and high
ways and public grounds"
This is the condition of the dec
larations as to the rights of the
city. In how far the city is barred
the proper exercise of it's rights by
any act of its own in comforting
franchise, may be question for
the courts. 1t may also become a
question how far the franchise
granted the street car company is
Yoidable on account of infract ions
of its charter. When the case
comes into the courts for trial
there should be no half way bust.
ness. 1t must be whip or be
whipped. If the city has signed
its rights to the streets over to the
San Antonio street car company