The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-10
THE STREET RAILROADS.
A Reason Why SO Running Foot
Was Put In the Contract

have been silent as to the advancement of
the probable reasons actuating the city
council in the making of such a munificent
gift to the street railway monopoly, other
than the statement of one or two council
men, who, for the most part, give as a
reason, the abandonment of Price street,
and its relapse into a sandy roadway. The
reasons given by the members Of council
are but skimmings, mere surface scrapings.
Permit me to go a little deeper into the
subject and show where the public has
been benefited by the grant of the addi-
tional franchise, and abandonment of por-
lions of thickly populated streets. 1 will
| discuss the question under three subdivis-
ions. If my first and second propositions
| are correct, then the public could not suf-
| fer, as the strength of the monopoly would
be broken by a continuation of the use of
| these streets by the old companies origi-
| nally using them. If the third proposition
| is correct, then there has been no contract
and we are in the same position as before,
and the council has merely created a lot
| of antagonism for naught.
| l. The city obtains the right of way for
certain streets necessary for the public
| use without having to pay any compen-
sation to the owners of the property. OF
| course, the city has the power to con-
| denim land of private citizens for public
| purposes, but in order to obtain the prop
| erty it must pay just and adequate COM
pensation. In ats present financial en-
| barrassment the city can not expend any
| money for opening streets. The public
| have been clamoring for it to take steps
in this line. The Savannah, Thunderbolt
and Isle of Hope railway comes to its re-
| lief and accepts the proposition to open
| in ct in Hor ion IF
| rights of way and the privilege of aban-
| doning old lines.
But the city is not alone benefited by
| this step. The property owners holding
| real estate through which these projected
| streets must run, can now reap some bene-
| fit from their holdings. The railway COM
| pany has long since purchased all of the
| property necessary for its right of way,
and has no power of eminent domain TO
| assist it in the premises 1T must enter
the market as any other purchaser and
pay just such price as the owner places
| upon his property. The owner, knowing
this, can afford to put such price as the
| eXigencies of the case warrant The city
cannot come to the relief of the company
and exercise its right of eminent domain,
| for the reason that it had contracted with
| the railway in the matter, and could re-
| quire the performance of it's obligation by
| the railway company. 1t could be en-
| Joined from interfering in the matter
2. 1t may not be too violent presump-
ton to state that the municipal authori-
| ties were acquainted with the provision
| of the constitution of this state and the
laws concerning monopolies. Let me
| quote a paragraph of the constitution:
Section $500 of the new code: 1.-THE general
| assembly of this state shall have no pow
| er to authorize any corporation to buy
shares of stock in any other corporation
in this state or elsewhere, or to make any
| contract, or agreement whatever with any
] such corporation, which may have the eff
| feet or be intended to have the effect, or
| defeat or lessen competition in their re-
| spective businesses, or to encourage mo-
| nopoly; and all such contracts and agree
| ments shall be illegal and void"
| A corporation can have no powers other
than those embraced in it's charter. We
| must look to it not only for its name, but
| for it's rights. 1t is true the charter of
| the old Belt Line and of the Electric Rail-
way contain provisions authorizing them
| to combine with other roads, but as these
| two charters were subsequent to the adop-
| ton of the constitution, the powers could
| only be exercised by consolidation with
another road, which was not competing
| line.
| The Electric line was a direct competi-
/ tor of the Belt Line and Barnard street
| line. These three amalgamated under the
| Electric railway, and after the spirited and
| suicidal fight with the City and Suburban
and Savannah, Thunderbolt and Isle of
Hope railways, succumbed to receiver
| ship carrying the associated roads down
| with it, Out of the wreck
arose the Peoples Railway and lately we
find a consolidation between this line and
the Savannah, Thunderbolt and Isle of
| Hope railway, under the name of the lat
ter, preventing the chance of comped-
ton.
| 1t will take but very little argument to
convince and evidence to satisfy any reas-
| enable person that these several amalga-
| nations are directly volative of the con-
| stitution and laws of this state, and are,
| therefore, void. What effect it will have
| upon the securities of the companies Is a
| matter for the agile and fertile brains of
| the financiers who manage the affairs of
| these roads.
| Under the petition to council and the
| counter proposition, which has been SO
| hurriedly accepted, though we could wait
| a week or two if it was desired, the COM
| panes represented by the Peoples Line
| are to abandon certain portions of their
| tracks, and under the contract entered into
| with the Savannah, Thunderbolt and Isle
| of Hope railway, the city has obligated
| itself not to grant the privilege of laying
| tracks on these abandoned streets to any
company without the payment of Sc per
foot, and this money to be paid to the last
| named company. When the tracks are torn
up from Price, Duffy, Roberts, Cemetery,
| West Broad, Montgomery and other
streets, If any citizen affected by the
change should go into court, there would
! be but very little difficulty in annulling the
contracts of consolidation, and then the
old companies before relaylng their tracks
would have to obtain the consent of the
| city council. They would then have to
pay Sc per foot, the requirement under the
contract, or about $4,000 to the Savannah,
Thunderbolt and Isle of Hope railway
| They must rebuild or surrender their char
ters. 1t is unreasonable to expect the Sa-
vannah, Thunderbolt and Isle Of Hope
railway to- release the city from the obli-
cation TO require the payment of IS per
foot, as to do so would be to permit these
rival and competing corporation to re-
sumo business to its detriment. Nor could
these other railways be relieved of their
attempted contract, for the reason that
they were well informed Of the nature Of
the contract sought to be entered into with
the city. They were represented, aiding
and abetting, and could not be heard to
question the legality of it. Nor could they
be relieved either in q court of law or
| eouitv as they were in pari delicto.