New-York tribune., 1905-04-10

+brae-dfths OF the electors voting thereon Opera.
Ssre Un and Charges which shall be high enough TO
provide for the cost OF ,,{ys tat
the rate Of fare and charges shall be high enough
70 provide for the cost ,pdcs 15 pa' sprinlng such
Streets cIeaning such streets of making extensions
or bs eT county paad ana state viii the
now derived by taxation. from tne eSIls sssSgS SS
car licenses, and viii receive no percentage .o5 OK
gross receipts as had Peen cppmpenes
HOW CITY MAY ACQUIRE PROPERTY.
The CITY may acquire the street railways by
voluntary purchase. or by c0noemhGauona az IS TL.GeL
the Eminent Domain Ael Oh ,t connnaniss the
value of their unexpiTed IrahehseS s 49, i,Ia ~
their tangible property in fixing the Just com
pensaton be awarded them tor tne me, PuISnaSe, ~
eg may ssGe G is Bonds Pledgng the faith ana
If approved by two-thirds of the electors voting
thereon This is at present tmpossioe, osouSe 1iys
the city is indebted up to the constitutlonal nnit
of per cent OF the assessed value OF property
for purposes of taxation. -. 4.
terest bearing street railway sertihGates pay
able solely out of the street raii%ay nGS S Hsc,red
by mortgage of the street railway property, Whlcn
chise in the case Of foreclosure. with fxed rate
of fare for said twenty years DefauIt ~ ~
mortgages on request Of holders Of majority Of
the certificates to declare the whoe an SSu SacIose ~
The ordnance providing ing, for iSSSng te vote
majority of the legal voters voting thereon
the peope sha be sumbittsd by ordinance q the
City Council at any general CITY OF sPeG - az
0TdG1aIns 0Tdnanee. '"'''' 0' ''V'' ,,....
To acquire the existing street railways. the City
Council must pass an ordinance providing for their
purchase at an agreed price, or for theiT con- con-
precedence over other suits and can be tried a.
time as & nj as as of a% raised BY the
traction lawyers are settled by the court; Ihea 9
twelve men, based upon an inspection OF the prop
erty and the testimony OF witnesses, t G
for a new trial by the dissatisfied party and. II
isaed partv can then appeal to the Supreme Court
of illinois. If afirmed there, some question Tih
preme Court of the United States: After having
travelled through all these courts II may oe sent
back for a retral, and then pass on through these
same courts again.
WOULD THE CITY BE ABLE TO RAISE
MONEY?
Meanwhile II the city had the money. 1t may
pay the amount of the judgment to the County
Treasurer and take possession of the street rail-
way property, but it has not the money. and has
no way Of getting it except by issuing street rail-
way certificates and then only when authorized
by an ordinance of the City Council, approved by
a majority of the legal voters voting thereon
If the street railway companies refused to take
the Certificates the investing public would hard
" take them, while the question OF the right OF
the city to condemn the street railways and all
appeal to the Supreme Court For If the case
should decided against the city, how would they
get their money back and interest?
If the city should acquire the street railways IT
could not operate them until authorized so TO do
by an ordinance Of the City Council. approved by
three-hfths of the legal voters voting there
on which il is likely to receive. 1t would then
be Obliged to lease the street railways for fve
year period or less. providing it could find COM
pany that would lease 1t and pay the interest on
the certificates
ing the litigation; they would do no more than
expend Of the receipts, enough 10 Keep II rum
ming on account of the danger OF an adverse court
decision which would GUST them OF the property,
and leave them with recourse for moneys eA-
pended in improving the property. In view OF these
uncertainties and dangerous questions the com
panies would undoubtedly be left to operate the
demnation case through the various courts, Tor
ward and back, and forward and back again
fling Of the condemnation suit the hSnus
of both city and the street railway companies
will be tied, far as improving the properly ana
service to the people is concerned, until the nnal
DISPOSITION of the condemnation suit
An interesting point in connection with the case.
should the courts be resorted 10 in condemnation
proceedings would be the right OF the city TO con-
| denim property already devoted to public uses The
Illinois courts have already decided this question
adversely withholding from railroad the. right
to condemn the property Of another line Inc
same law might by some courts be so construed as
TO prevent the city Of Chicago from condemning
the property Of the street railway companies