San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-01-29

shall be laid, then such railroad
has right in and to such street
paramount to the public.
ia street railway can forbid
the city to lay a sewer in the
middle Of a street, it is equally
com petent for ii to forbid it to
lay it on the side of the street
where it's tracks run on the side
Of the street. And, on Houston
street which is traversed by two
tracks, it might forbid 1t to put
down sewers, as there is not room
on either side for throwing the
dirt dug up and placing the
material to be used.
II the granting the franchise to
the street railway Invested the
public OF its paramount and in
aliCnablo right 70 use and control
the streets then lue street rail-
road can forbid the city to tear up
its track for the purpose OF paw
ing tho streets, or can lay down
double tracks in spite OF the city.
Two persons or bodies cannot
possess a paramount right to use
and control the same street, lit
must inhere and reside In one or
the other of them. The law vests
this paramount right to the use
and control of the public streets,
in the public and it cannot be
Invested out Of the people by any
act O. the mayor and council.
A franchise to operate rail-
way on street does not deprive
the people Of the right to control
and use such streets, either by
travelling along it, or paving it,
or laying sewers along 1t.
The franchise, whethe. it be ex
pressed or not, in tho grant, is
subordinate, or subject, to the
paramount and inaliena BILE right
of the public to the use and con-
troll of the public street. The
city authorities cannot grant a
franchise which div, SITS the
public of this paramount and in
alienable right,
Chief Justice Brickrell, OF Ala
bama, in one of his decisions said
courts were bound to take ju-
dicial knowledge of facts, which
were known to every one, and
hence courts are bound to take
judicial knowledge OF the no.
torious fact, that by law, the
public is vested with the para
mount and inalienable right to
use and control the public streets.
The laying down Of sewers is a
legitimate use of the streets by
the public, for the public, in the
exercise of it's paramount and in.
alienable right to use and control
the streets.
Injunctions are not grantable
of course, although they are be-
coming so common and fashion
able, as to justify Judge Lyman
Trumbull in saying "we now
have a government by injunc.
ton"
The injunction enjoining the
city not to lay the sewer in the
middle of the street, or to con-
struct a man hole where the street
railway track runs, should not
have been granted, because it
denies to the public the right to
use and control the streets for
public purposes and uses.
Corporations accept franchises
and then wheel round and claim
to be greater than their creator
Sslus populi est supreme lex
the safety OF the people Is the
supreme law; even corporation
are subject to this supreme law
The new tangled plan of govern
ing states, counties, cities ant
individuals by injunction CALI
for the enactment Of laws, which
will put a stop to this "govern
ment by Injunction" 1t is some
what singular that the govern
ment by injunction" is mainly 70
the benefit OF corporations. 9Th,
sin, that doth most easily beset'
corporations, is the hallucina
ton that they are above the Law
and are, in reality, chartered
libertines." Franchises to OF
crate railroads on public street
should be granted to the highes
bidder, after notice by advertise
: ment for bids. and for shor
term of years. One street railwa
in New Orleans has paid tina
6pnn nnn ~.