The Montgomery advertiser., 1901-09-03
CAN FORCE
 GOOD SERVICE The Opinion of City AttOr-
 ney Steiner. VACATION OF FRANCHISE Specific Charges Must Be
 Made and Proven. Alderman Rushton Introduces an Ordinance Providing That the
 Cars Should Be Looked
 After by thecity.

petition referred to him, with a lengthy opinion in which he reviews the whole subject of the liability of street railway companies and the power of cities over them to compel them to comply with the terms of their agreement with the city, and to give such service as will be safe and comfortable to the citizens who pat ronize 1t.
 In concluding his opinion to the Coun- ell. which is an elaborate and able one, the City Attorney says:
 T have thus had to be general in my reply to your reference, for the reason that the question submitted to me was a broad one-the question to revoke the franchise of the street railway. No spe- cific facts were stated, and while the complaints made are as we'll known to me as to any other citizen, I prefer to treat 1t in the way I have and let you authorize such action as you may see
 'The petition of the citizens filed with cient, that the company has not sufficient cars. that its service is unreliable, that | its physical equipment is weakened, rem | dertng the service dangerous, as well as inadequate. unreliable and uncomfortable. | In my opinion, If these allegations (which | are generaD were made specific, showing intentional and voluntary misconduct or | such neglect as indicate an indifference to the demands of the public. the courts l would assist you in your effort to re- | NOke the IrancnlSe un0Sf which the street | railway is being operated.
 To summarize 1t is my opinion: | "First-The city has the power to grant fran 1hiSeS.
 Second-Franchises not being irrevocable | and exclusive, are not in violation of the Constitution of Alabama.
 Third-The franchises create vested rights In the Montgomery Street Railway and are contracts irrevocable, except for | acts or omissions on the part of the Street Railway. voluntary or negligent. public law and its established rules as to | warrant a judgment of dissolution of the l particular franchises.
 Fourth-That the charges made in the | petition of the citizens are sufficient, if proven, to the satisfaction of a court | having Jurisdiction of the case. D. That the public powers as detailed apove are adequate to protect the l'ecple of the city of Montgomery from Q great many of the alleged defects il the syn tenn of the Montgomery Street Railway.
 G. That to provide against the danger | resulting from the charge that the weaE- ening of the physical equipment cf the Street Railway within itself renders the service dangerous--it should be sscer- whether the trolley wires are realI' in this condition ,and If so, you should rre- vent the running of any f,irthe.' cars un- | til this dangerous condition IS Iemo cd either by renewal of the wires or repairs, whichever may be necessary.
 '7 If you think that this would be tenn | the next Legislature, requiring the vlres to be placed under ground.
 s. There are no conditions that 1 have been able to find in the ordinances them selves, a violation of which would me ke 1t necessary for the City Corn :il # Mont gomery to ask the aid of the courts to f.n- null the franchises"
 | Alderman RuShtOn presented l. e fol | lowing resolution:
 ''Reesolved that the matter of petition Of citizens in reference lo street cars Q nc mi iTtn Nf NHn A I~A .,-E- to the Committe on Judiciary anal Trs.n. hises and Privileges with ~edue:- that they summon such citizens as have signed said petition and any other witnesse!
 they may wish and report t, rhis c unci
 at a special meeting next Monday mgh
 whether the evidence will support thu chargeh made, which was adopted anC
 the whole matter is to be taken up anC
 thoroughly investigated by two of tn,
 nblest committees of the t'0I lcii Street Railway Speaks. The following communication was reaG from the Montgomery Street Railway: To the Honorable City Council of Mont
 gomery:
 Gentlemen-Having received from tn 5 City Clerk notice that petition signei by citizens of Montgomery complainins of the service furnished by the Mont gomery Street Railway and urging thai : proceedings be instituted by the Counci to ,vacate the franchises of said Railwa! ,, had been presented to this Honorable body, and referred by 1t to the City At torney for report at this meeting, the Montgomery Street Railway begs leav' to state for the information of your hon ? orable body, as also for the information of the signers to said petition, and Its Lati ons generally. and without refer ence to any legal proceedings or the va rious unwarranted and unfounded re- l ports and charges circulated by certain : individuals as derelection of duty on th' . fact about which your honorable body should desire information for the bene- fit of the public, In connection with the service of this company, its officers will ) at any time willingly meet committed from your honorable body and gladly furnish 1t any information which may be deemed necessary and proper to the efficiency of it's service. ard the safety of its cars and electrical equipment, as also to afford 1t ample opportunity tC examine, through the City Electrician It's overhead construction and electrical equipment.
 And the Montgomery Street Railwa, , desires to say further, that it has al ways been. and 1t will continue to b. sonable and satisfactory manner. giving them as safe and rapid transit as might doubt of its ability to satisfactorily ex- plain any of the charges and complaints made against it's service.
 Respectfully.
 Montgomery street Railway, , J. w. Dimmck, President.
 To Compel Efficiency.
 
 Alderman Rushton is of the opiniol that the operation of street car companie should be looked after by the city anC in accordance with that view he intro
 duced an ordinance.
 To regulate the running and operation ! of street cars in the city of Montgom 2 cry.
 Section 1.-Bt it ordained by the Cit,
 Council of Montgomery that it shall b
 unlawful for any person, firm or corpor . ation engaged in operating street cars = or lines of street cars. in the city O Montgomery to run, propel or operat,
 any car through the streets of said cit,
 that has not been previously and within s three months inspected by the City Flee | trican and a certificate given by him t, ' the person, firm or corporation operatinl
 the same, pronOuncing said car to b, safe and in as good condition as are re quired by any of the provisions of thi.
 ordinance
 Sec. Re it further ordained that f r shall be unlawful for any person, firm o
 corporation operating street cars or
 line of street cars in said city, to main tain in, upon over or across any of tn,
 streets of the city of Montgomery an,
 trolley wire cable. guy wire. insulator
 pole or fastening to the same, or in anC s about and of the same, that Is unsound
 or so worn as to cause the game tC 7 break, or to become liable to break, or tr
 fall down into the streets or to becom,