The star. (Reynoldsville, Pa.) 1892-1946, 1903-08-19
SUPERVISORS HAVE AUTHORITY
Can Grant Trolley Roads Franchise Over
Public Highways OF Township.

Can Grant Trolley Roads Franchise Over
Public Highways Of Township.
In the issue Of THE STAR August 8,
1908, an article was. published about the
supervisors OF Winslow township grant
ing franchise to the Jefferson Traction
Company to build trolley line to Rath-
mel, Soldier and Sykesvile. In It's
Issue Of August 7th the Punxsutawney.
Republican clipped our article and by
some mistake gave the Yolunteer credit
for article. Last week the Brookville
Democrat clipped the first paragraph OF
the article, evidently from the columns
Of Punxs'y Republican, as the Democrat
gave our contemporary credit, and then
asked for information, as follows:
"Now, what we want to know Is
where did the supervisors of Winslow
township get authority TO grant troll
ley road franchise to any one over the
public highways OF that township. In
deed we would like to know where the
supervisors OF any township get author
ity to grant any kind Of franchise
The legislature can grantfranchises and
so can the courts In some cases, but
when, where and how were supervisors
| authorized to grant franchises. We
thought their duties were confined TO
opening highways and keeping them in
repair. II supervisors have any such
authority as the Volunteer suggests. we
would like to know all about IL. Will
the Vol,tnteer inform us? We think 1t
an important thing and the people
ought TO understand It, Let us have
full Information"
AS the Volunteer has not yet stated
that the supervisors OF Winslow town
ship have granted the Jefferson Trac-
tion Company, or any other company,
a franchise over the route stated above,
and the article referred to in the Dem
ocrdt was clipped originally from THE
STAR, we feel 1t Is our duty to give the
editor of the Democrat the information
he is so anxious to receive for himself
and the people in general Here it is
No street passenger railway shall be
constructed within the limits of any
city, borough or township, without the
consent OF its local authorities. Article
II, section 0, Constitution Of Common
tcedhh.
No street passenger railway shall be
constructed by any company incorpor-
ated under this act within the limits OF
any city, borough or township without
the consent Of the local authorities
thereof. Act Of Nay, 1889, =. l.. Ell.
The consent to occupy a township
road by street railway company must
be given by the supervisors, when act
Ing together In proper manner.
Penn'a Il. II. Co. Us. Montgomery Co.
R'y Co., 81 AL. Rep. AGS. 1S94.
Where street railway company has
been granted a charter for street
railway over certain streets, but has
not received the municipal consent, it
has no standing In equity to restrain
another company subsequently char
tered from building over the same
streets where 1t appears the second
company has received the municipal
consent. There is nothing in the Act
Of June I, 1901, p. L. 514, to change
this rule. Page SCI, Penn'd Superior
Court Reports 1901-19O2.
The above paragraph from Penn'a
Superior Court Reports makes it very
plain that the consent OF the local
authorities--town council or supervisors
is necessary before street railway
can be constructed, even though char
ter has been granted from the state.
II the editor of Democrat had been
reading Dubois papers recently he
would have noticed that the Dubois
Traction Company wants franchise to
extend its line into Sandy township,
but the supervisors have refused to
grant the right Of way.