The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-07-23

But submit that the proposed
ordinance ought to be passed, not
particularly with reference to the
Arkansas and Choctaw railroad,
but with reference to any railroad
or other corporation which may
desire to use and occupy the streets
and alleys Of the town. Such an
ordinance should have been pissed
before the Choctaw or the Western
Oklahoma built into the town. Its
course through the town could
have been regulated, and some of
the complaints which are heard
about the streets would have been
prevented.
Who knows when the Arkansas
& Choctaw will be built ! am as
good a friend of that road as any.
body. | want to see every rail
road that points in the direction of
Ardmore built to the town. The
fact that the city council would
pass a reasonable ordinance regu-
latiDg the use and occupation of
the streets by corporations would
not deter any railroad from coming
to Ardmore. Such a proposition
is absurd.
Mr.. Herbert says the act of con
gress makes the right of the Ark
ansas 4 Choctaw to build through
the streets and alleys of Ardmore
absolute. In that be is mistaken.
The acts of congress authorizing
railroads to build through the Ter
ritory guard carefully the rights of
all persons or corporations already
in possession of property which
the railroads have to cross. AS to
the Improvement or right of occu-
pancy of individuals, the acts of
congress provide means by which
the railroads can condemn the
land, and, after paying for it, take
it without the consent of the own
er; but. as to the possession of
streets and alleys on the part of
the cities and towns, and their
right to control and regulate the
same, the acts of congress provide
no remedy so far as the railroads
are concerned. The cities and
towns in the Territory derive their
power over the streets and alleys
and other public places in the
towns from the same source that
the railroads get their right of way
and the same power that gives the
railroad the right of way has ex-
pressly conferred on the city coun-
ellis exclusive control of streets
and alleys, and provides that they
may grant to any railroad corpora
ton the right to use and occupy
streets aud alleys. Under the
laws in force in the Indian Terri
tory, streets and alleys are appro-
priated and used for public pur-
poses. The ordinary rule govern
ing the exercise of the right of
eminent domain has no application
to lands which have already been
appropriated to public purposes.
The rule stated by the text writer
on the subject is that, before land
which has been once appropriated
for public purposes may be taken
for another public purpose, express
statutory authority for the second
taking must be shown. Another
rule or law which Is equally well
established is that the mere grant
of a right to construct a railroad
between two given points does not
authorize railroads to use streets
and alleys without the consent of
the city council of the town
through which the road passes.
submit that the city council
should pass an ordinance regulat-
ing the use of streets and alleys in
the town of Ardmore without re-
gard to the Arkansas & Choctaw
railroad.
We should insist upon the pos
sage of an ordinance regulating the