Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-07-25
INVALID.
Court So Declares
Franchises
Granted, G., A. & G.
and Cereal Co.

The restraining orders preventing
the c., A. & G. from operating under
franchises granted by the City Coun-
Gil and Commissioners three weeks
ago will stand until the injunction
cases are disposed of finally, This
is the order accompanying the opin-
ion handed down by Judge Kohler,
Thursday afternoon, in overruling the
demurrer of the defendants to the pc
titions of the plaintiffs John Koerber
and the trustees OF the Trinity Luth-
eran churchs% The opinion of the court
was thorougAAnd comprehensive,
touching manyg6f the most important
points In the rights of property own
ers as against corporations seeking to
occupy public streets.
Following are extracts from the
opinion Of the court: M
1T is a. settled law in this State,
and has been for years, that the owner
of lot abutting on the street, has a
property right In the street, and this
he owns as much as the lot itself. He
has a right of ipgress and egress to
and from the lot and whatever inter-
feres with such right, or materially
obstructs or interferes with such use
of the street is an invasion of his right
of property, and where such right ex.
lists the constitution OF this State re-
quires that before 1t can be taken for
a public use, compensation must be
made in money to the owner Of the
property and there is no dispute in this
case as to that rule Of law
Reference was here made to the
fact that the street was not interfered
with or obstructed in front of the
plaintiffs property, but the court
stated that it appeared to him that
in the absence of any definite or pre-,
else line of ownership In the street
that it must be largely question Of
fact, and taking these facts therefore
stated in the petition as true, 1t would
seem to the court that the construction
Of a switch or branch of this railroad
across Prospect st. at that place, and
to the other places indicated, would
be such an invasion and obstruction
upon the street as to bring 1t within
the constitutional provision requiring
that compensation first be made before
1t can be done"
The opinion of the court also sus.
tains the allegation of the plaintiffs
that the ordinances granting the fran,
chise We're not operative Mt the timt
the defendants began work undel
them. Under a provision of tn,
statute" he said, "the ordinance car
only become operative from and after
ten days from its passage and the Law
provides for its publication in thu
newspapers. 1t appears from tn,
statement In the petition that the de
fendant did not wait for this statu
tory period to elapse. but at once, II
violation of the law, proceeded to put
its track down, without stopping I,
inquire about the facts stated whether
this so-called agreement between off
GERS OF the Railway company. agents
Of the American Cereal Co.. and ofii
GERS of the city of Akron was corrup
and fraudulent. Enough has beer
stated, however, to make 1t q yer,
questionable transaction. What In
terest there could be on the part OF tn,
officers of the city, to whom the streetl
are confided for the use Of the peo
pie, to give these rights away s,
speedily TO these respective companie
does not appear.
1T would have looked much bette
II the application had been taken VI
In the regular order and the ordinance
then passed without suspension o
the rules. rather than rush the bust
ness through with such undue haste
THE American Cereal Co. Ia a mer
private corporation engaged In man
efacturing, and If the city official
can give the right to use the street
for the building of railroads, then ey
cry other corporation or partnershi