The daily morning journal and courier., 1896-01-08
VICTORY FOR THE RAILROAD
TIRE SUPREME COURTS DECISION IN THE ELECTRIC RAILWAY CASE.

The Case Win be Heard Again by Judge
 Fenn-Rallways and Cities WnI Watch
 tho Final Issue With Interest--The Court
 Was Unanimous.
 Among the five decisions handed
 down by the supreme court of errors
 sitting at Hartford on Monday Is one
 which sends back to Judge Fenn the Iappeal of the Central Railway and Elec-
 trio company of New Britain, Briefly
 stated the history of the case is as fol-
 lows:
 Under the law of 1893 the city of New
 Britain passed certain restrictions, by
 its mayor and common council, regu-
 lating the conditions upon which the
 railway companies could lay tracks up-
 on Chestnut, Jubilee and East streets.
 Among these conditions was the pay
 ing of a tax of per cent. after term
 of years. the tax to be imposed upon
 the gross receipts of the company. In
 1893 the company went to the leglsla- 1 ture and obtained permission to appeal from the order before a superior
 court judge. The case was heard be-
 fore Judge Fem in September and he held that the order was just and
 reasonable. It was taken to the su-
 preme court and that court holds that
 for the purposes Of recompensing the | city for the necessary improvements made upon the three streets the mayor and common council could lay tax
 upon the gross receipts of that par | ticular section or extension of the rail-
 way system
 The decision was handed down by Mir. Justice Baldwin, the court concur
 ring, and is as follows:
 1 Central Railway & Electric Company's
 Appeal, 1895. (Argued Oct, 2s, decid-
 ed Jan. 6, 1S96) Baldwin, J..
 | The petitioners appeal to this court l is founded upon General Statutes, Sec, 1137. This provides that when juris- 1 diction of any matter or proceeding is
 or shall be vested in a judge of the su- l perior court, or in judge of nay court | of common pleas, or of the district court, any party 10 such matter or | proceeding, who feels aggrieved by any | of the decisions or rulings of such 1 judge upon any questions of law aris- l ing therein may appeal from the final l judgment of any judge in such law
 arising therein may appeal from the
 final judgment of said judge in such
 matter or proceeding in the manner
 hereinbefore provided for an appeal
 from the judgments of said courts re- spectively, to the supreme court of er- 1 TOTS next to be held in the judicial dis | t1t p,,o tvs vii "
 of them reside; but in cases of appeal l from the appraisal of damages in lay | ing out any street or in making any im- | provement or public work in any city, I village, or borough, upon paying to the | person or persons entitled thereto dam l ages appraised therefor, or upon de
 posting the same in the manner provid-
 ed by law; and in cases where no dam | ages shall be appraised such city, viii 1 lage, or borough may immediately pro- ! ceed to lay out and open such street, on make and complete such improvement 1 or public work, Ill the same manner as l if no appeal had been taken; and in 1 proceedings on writs of habeas corpus, l the judge may, at his discretion, de- 1 cline to order a stay of execution." 1 The act of 1898 Public Acts of 1893, l D. 3GSl, under which the proceedings 1 which came before Judge Fem Were commenced. provides that whenever any street railway company has or shall l be given the right to construct a rail- | way or to lay additional tracks in any 1 city, before 1t shall proceed to do so, it shall present to the mayor and court of common council plan showing the ! highways or street 'in and through which 1t proposes to lay It's tracks, the 1 location of the same as to grade and to ! the center line of said streets or high ways, such change or changes, If any, 1 as are proposed to be made in any street or highway, the kind and quality 1 of track to be used and the method of l laying the same the motive power to be 1 used In propeliing it's cars, and the 1 method and manner of applying the l same" Thereupon the mayor and court of common council after giving public
 notice, shall hear all persons interest," ed, and may then accept and adopt such plan, or make such modified tons, | therein, as to them shall seem proper" l and no such company shall construct such railway or lay any additional
 tracks except in accordance with plan
 so approved
 From any order or decision of a mayor and common council made under the
 act of 1893, an act passed in 1895 Pub-
 llc Acts of 1895, ?. 63G) gives the com
 pany right of appeal "to the superior
 court or any judge thereof" and it is | further provided that said court or l judge shall make such orders in ref | erence to said matters appealed from
 as may by 1t or him be deemed eduit-
 able in the premises, and the decision | of said court or judge shall be final and conclusive upon the parties;" and
 that such appeals shall have prece- dence of all other civil actions in re- spect to the order of trial, except those | brought by or on behalf of the state, respecting matters of "a public nature.
 The city of New Britain has filed in | this court a motion to erase the appeal
 from the docket. mainly on the ground 1 that the act of 1895 expressly made the order of Judge Fenn final and con- l elusive upon the parties"
 The final judgment of every legal | tribunal is conclusive upon the parties.
 so far as it is within it's jurisdiction.
 and so long as it remains in force and
 unreversed. No judgment, order or
 decision pronounced by one assuming
 to act under authority of law but who 1 is in truth acting outside the jurisdic- l ti0n which the law has given him ran