Arizona weekly journal-miner., 1902-05-21

points, and use any other than tn
 best material and equipment obtain
 able. A line in town could only b
 expected to pay if all of our anticpa
 tions for Prescott are realized, whicl
 the building of this street railwa,
 will very materially assist; but in or
 der to justify the investment it is go
 ing to be particularly desirable tha
 connections be made with some of tht
 outside mining districts, which
 should not only prove very helpful tC
 Prescott but materially desirable 1T
 the development of the mining re
 sources in this immediate vicinity
 Such a line cannot be operated sue
 cessfully and profitably without us
 ing thereon the very best of material
 and equipment. It is a matter oi
 business policy to do this, and we
 feel sure that MT. Wright will not be
 inclined to use other than the very
 best of material.
 Concerning the question of gravel
 ing between the rails, it would be un-
 just that they should require the
 railroad company to place any other
 character of surfacing between its
 rails and for two feet on the outer edge thereof than is used by
 the city on the several respective streets over which said railway runs,
 unless it should appear that the ordi- nary street surfacing would not keep the space between the rails in the proper repair. We do not see that there is much force in the sug- gestion on this point. As matter of fact, the surfacing upon the streets of Prescott is as suitable a material for surfacing between the rails as upon the remainder of the street. Mir. Murphy, however, overlooks the fact that .section ! of the franchise pro vides that the grantee shall "keep the space between the rails of said rail way, and for two feet on the outer edge of said rails in good repair and condition, in accordance with what ever reasonable order and regulation the repair thereof may be passed by the common council" This clause gives the common council the right to have such repairs made as it may deem necessary at any point where repairs are necessary to keep the track in good condition, and car ries with it authority to the common council to specify different material than the ordinary surfacing for such repairs, if the ordinary surfacing does not prove sufficient to keep the space in good repair. The terms of the franchise meet this point squarely and, indeed, the whole spirit of it indi- cates that these lines shall be kept in the best of repair and subject to the control of the common council in that respect.
 To our mind it is clear that section 2 of the franchise makes it necessary tor one mile of track to be completed within two years from the date of the of the ordinance. We can 1ot place any other construction upon t.
 There is no basis in reason for the fifth point made by MT. Murphy. Three trips daily each way must be made by the grantee, and if business loes not justify any greater number ,f trips, that number alone would be ,f great convenience to the people of l Prescott. It would carry them over he entire length of every part of the inc at morning, noon and night, the | hours which would be most con- Tenient for the business, professional md laboring man. We understand | hat the franchise was prepared in his respect with a view that the mini mum number of trips to be made over he line should be of sufficient num- ,er to give to the public some material benefit, and we think that this has ,een accomplished by the provision or three trips daily each way.
 As to the sixth point, we are of the opinion that it would be an act of in ustice to compel the grantee to give ID his entire franchise, after having made an investment of many thous nd dollars, bncause of failure on lis part to operate any part of the oad so constructed. The utmost hat should be required would be a orfeiture of the right to the use of hat part or portion of the street on which a line had been constructed nd not operated for specified time, nd in that event, the removal by 'rantee of the tracks upon that DOT ion and the restoration of the street 0 its usual condition. Failure to perate a portion of the line should ave no effect whatever upon the arts of the line operated.
 The seventh point is squarely met q the latter part of paragraph 2, as blows: "The construction of said ditches or bridges, and the lacing of said poles or masts shall be ccording to plans and specifications pproved by the street committee of aid city"
 Any provision in the franchise overing the suggestion in the eighth oint would be entirely unnecessary. he law gives to the city council cer- ain powers and it would be impos- ible for an ordinance of its own mak- lg to confer upon it any greater over than that which it already has nder the law creating such a body. | has the right and it is its duty to nforce all the provisions of any ordi- ance which it may enact.
 already has under the law creating uch body. It has the right and it ] its duty to enforce all of the pro isions of any ordinance which it may nact.