Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1904-10-22

Out i'll Geneva, Ohio, Friday of last
week the Cleveland, gainesville and
Ashtabula Traction Company met its
match in town Council that knew its
rights, and, knowing them, dared MAIN
tain them" AS told by Pittsburg
(Pa.) paper the situationwas this:
According to the terms of the franchise
crushed stone is to be used to imbed the ties
but the company sought to use gravel and
sand. A number of the councilmen were
informed of the situation and ordered the
crew to stop work, but they refused There
upon message was sent to the fire depart
ment and the hose wagon called out. The
gang of wOrkmen boarded the work train
and moved off. A detail of firemen was
kept on the ground all night.
The fair presumption is-"the gang"
would not take shower bath in the in
terest of bargain breaking corporation.
AS stated already, here was Il Coun-
Gil that evidently knew its own rights.
1t met breach of bad faith by re-
course that in almost any other exigency
except fire would have been unlawful.
Now, let us suppose the Electric Rail
way company persists here ilr having its
own way i'll the part of the town it al
ready owns-body, soul, boots and heels,
and that it will not build the Belt Line
in spite of all the popular desire to that
end
Then suppose the Council and people
had meanwhile become free and inic-
peudent enough to take up the first 100
yard section of east Union street track
and cut out the Grant-street chute; then
pile all the rails and ties just outside the
corporate limits-tO stay until the Belt
Line is finished-who is there that could
or would give the company imperial re-
possession of the town?
Keep i'll mind always-that the Belt
Line will bring accommodations 10 manu-,
sntety to aH, and that this was the towns
original provision.
Again-that the company, scIPctjng a
line, incI"di"y Nh" Grnnt-street chHtc, per-
suaded Council to abandon its own p0pn-
lar and safe route for one that accom-
modates a comparative few and is a
deadly peril to many.
The company, holding that mistake
once made by Council cannot be cor
rected POUNDS its title to possession of
the town on that mistake.
And, holding that mistake made by
itself can be corrected by Council,
clinches its title to possession of the
town by laying out just the route it
wants.
In either case, it holds that the town
is bound and gagged in all else than
compliance with its own will-eveh
with its own imperial caprices.
Again-suppose the town, resentlng
this Imperialism, and unable to find
lawyer to take its case" should lift
just enough track to make admission to
corporate limits impracticable, who and
hnt 10 hnr IN 70 -
down again?
Lastly-Council having already can
celed the company's franchise, and the
latter being in here nominally without
leave, who or what Is in the way of max.
ing that "without leave" tangible?
If the average citizen enters one of the
company's cars he remains without
leave until he pays the fare. If he de-
clines to pay-that is. if he attempts to
make the "without leave" permanent,
and the company's officers thereupon lift
him out and leave him, what ground
for complaint is there, who is to COM
PLAN, and who is there to hear the com
plant?
If after all this, the average citizen
has no case. how much better is it when
the company is not only declared
tresspasser but continuous one?
Hence, by all lawful means that com
pany ought to be lifted ont of this town
until it is ready to return on the town s
own terms.
And if it was lawful in Geneva to
turn the hose" on IA similar corporation
to bring 1t to its senses, it surely can I
be unlawful, u necessary, to lead this
one out OF town IN fact as it has been in
name.