Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-20
AN INTERuRBAN SUGGESTION.
Mr.. Boardman Believes Present ordi'
nance Can Be Set Aside.

nance Gan 6e Oct ASt0Cs
Editor Times Republican.-In your
issue of the 14th-"Local Comment
is suggested that inasmuch as the
present street railway company, by or
dinance owns an exclusive franchise
on all the streets and alleys of Mar
shafltown for twenty-five years, that
lawyers must discover way around,
or hole thru, this ordinance, in order
to clear the way for an improved street
car service, or an interurban electric
road. Without criticisng the intent OF
the article which plainly indicates, and
what is we'll recognized as. an obstacle
to the increased growth of our city, 1t
seems to me the expression used is un-
happy in this, that 1t might easily be
construed to be an Indication that Mar
shalltown was willing to violate exist
ing contracts in consideration OF bettar
things. Such doctrine is dangerous;
too dangerous to be even suggested
and if advocated or permitted to stand
uncontradicted, even, would certainly
have a tendency to preclude parties
from making permanent arrangements
with the city, for fear that in future
years their agreements might be abro-
gated. Reputation is precedent
which Marshalltown must not esta-
lish. We should stand by our ordinance,
whether we like it or not. Capital de-
mands this. The business honor of L
municipality should be as closely
guarded as that of an individual. In the
next place our supreme court has sane
toned an ordinance similar to ours, in
timating that when accepted the same
constituted an irrevocable contract be-
tween the parties, so that unless the SUI
preme court reverses itself, lawyers will
have difficulties in overturning the or
dinance, even if the city desired to vio-
late it's contract 1t would seem bet
ter business proposition. outside of the
legal phases of the matter, to accept the
ordinance as it stands, and not attempt
to evade 1t. But we all recognize the
present situation as intolerable, and the
natural inquiry is, are we to remain
helpless for the next fifteen years,
without adequate street railway facili-
ties save what the present incumbent
may deign to bestow upon US? Most
certainly not. But the means of re-
lief lies in the ordinance itself, not in
1T. The city council have
the power to deal with the present
have had that power for
many years. and should act without de-
lay. 1t is implied by law in every ex-
elusive franchise. like the present ordi-
nance, as certainly as tho written in
express words, that the company must
provide adequate facilities for the pub
lie, and must extend Its tracks and OPP
crate it's system in accordance with
the present needs of the city, and upon
such streets as the public convenience
demands. This is the conditions under
which it holds it's franchise. Failing in
this respect. the exclusive feature of it's
franchise is forfeited-for the reason
that the company has violated the OBJ
legation imposed by law. In other
words the law requires the public in
terests to be subserved. The present
can not pursue a dog in the
policy. They either must sup
PLY the public, or keep off the streets.
The question naturally arises, who is to
be the judge Of the needs of the public?
the city council in the exer
else of that reasonable discretion by
law vested in them. Tie city council
should at once demand the NJ L., P. &
R'y Company to extend its lines across
Linn creek-to the pottery plant, to the
packing house and to Merritt Greene's
residencss Then after a reasonable
time the city council, the company
having failed to comply, their franchise
on those streets should be forfeited.
This opens the way for the new COM
pany, and places the city in the correct
position of demanding the enforcement