The daily morning journal and courier., 1896-01-08

the city, powers to make such orders as 1. might see 1t to provide for the placing and maintenance of the fen ders on electric cars, On June 26, 1895, a public act was passed and went into immediate effect authorizing the rail road commissioners whenever they deemed it necessary for public safety 1 that lenders should be placed upon the cars operated upon any street railway | to order them after due notice to the company operating the ears hearing, and on like notice a hearing to modify ] or revoke any order made in refer ence thereto" giving them sole and exclusive jurisdiction with respect to ordering such lenders upon any street 1 railway ear or cars" and repeating all ! inconsistent acts, resolutions and by
 laws, The express provision for the 1 instant repeal of all resolutions and by { laws inconsistent with this grant of ju- risdcton to the railway commissioners was manifestly intended to rescind all | inconsistent provisions in any muni- cipal charters of bylaws which were
 then in force. The field was to be
 swept clear for the selection by board Of state officers, of the style of 1 lenders best adapted to secure public | saftey in the case of which particular road on which the board might deem
 their use to be necessary. Cullen Vs.
 N Y. &. N. II. R. R. 66 Conn.
 | The condition in question was im-
 posed in July, 1895, and required the ap- pellant to stipulate 10 keep it's cars at
 all time equipped with such lenders
 as should be satisfactory to the street committee. Had it done so and after 1 it's ears were so equipped had the rail
 road commissioners ordered the substi-
 tuition of lenders of a different style,
 the company would have been bound in obedience to the law to violate it's con- tract. Should the street committee of
 the common council require one style
 of lenders and the selectmen of Plain vile or Berlin. into each of which 1 towns the company's railways extend
 require another, it would be necessary
 either to change cars or to stop and
 shift the lenders on every trip upon crossing the city lines, It was to pre- vent the possibilities of such conflicts ] of obligation that the jurisdiction ot the
 railroad commissioners over this sub- iect was made sole and exclusive, Any
 existing provision of charters or by laws to the contrary were repealed; any future municipal legislation to the contrary was forbidden
 The city authorities might properly have qualified their approval of the plan by making it a precedent that
 the company should not commence the operation of it's road in the streets in question until the railroad commission
 CTS had designated a suitable fender
 to be placed upon it's cars, and their or der had been compiled with This
 would have merely guarded against
 danger to the public during such inter
 val as else chanced to eclipse before
 the attention of the commissioners was
 called to the new condition of things by which it was occaSioned. The course adopted however, was substan
 tially an attempt to substitute the dis cretion of the street committee for that Of he commissioners, and there was CT
 TOT in affirming that part of the or der Of the mayor and common council
 In Queens County Elevated R. R. Co, 105 N Y, 91, 13 Northwestern report, l8
 The fifth condition which requires an
 annual report Of the company's entire gross receipts could only be supported in connection with the third condition
 already considered and on the state of
 facts presented by the finding, both
 must fall together, although each might have ben sustained had it ap- peared from the finding to have been
 adopted to have ben means of pro- yiding suitable compensation for an increase of municipal burden result ing from an execution of the company's
 plans.
 The seventh condition calls on the company for written acceptance of the permit" and all it's provisions. In respect to this. as well as to the re- l quirement of written agreement to perform the various conditions, there was error in upholding the action of the city authorities, not because there was any objection to exacting written proofs of the assent of the company to any proposed modification Of the plan, but because some of the modi- fications which were made in this in
 stance were not proper ones and com pli-ance with the conditions would
 have waived or prejudiced it's right to object 10 these thereafter
 Whether eighth condition was proper moditica tion of the plan is a question not free from difficulty. The plan concentrated a location of new tracks on Chestnut street This con dition provided that such a location
 should not be the occasion of the aban- donment of tracks already laid on Chestnut street; but that those residing
 in that part of the city should be given
 g. fair and suitable service according to | an esta blished time card with trips as
 often as once in every 20 minutes. The general street railway act of 1893 Public Acts of 1893, D. 3o8), began by repeating provisions regulating the To- 1 cation of horse railway tracks which had been upon the statute books since
 1865 These had given the proper au- thorities in any city power to permit and regulate the use within it's limits of any motive power except
 steam for drawing passenger cars on
 such railroad and forbade the laying of any horse railway tracks upon the city 1 highway except as in such manner as | they might prescribe subject only by an 1 appeal by the company to the superior ! court.
 1 The mode of procedure. which has