The Montgomery advertiser., 1905-07-13

the life of the lease. the right, so long as exercised without permanent injury to the freehold, to permit the entrance
 customers could be brought to 1t. He 1
 had the same right to admit street
 car, as he had to admit carriages and
 bu9gfes for hls customers. He had the
 same right to permit the construction
 of roadbed for 2 street railway as he
 had to make driveway for automo-
 bile. and vehicles z, aIawn a, snoh by horso 2;
 bringing persons within the park. the
 lease clearly left to the discretion of
 the ies.ees. The Walkers could not
 by Ayers if they had objected, and he
 fer of the lease to the Montgomery
 all his rights in that regard as to the admission of street railways into the
 against the Street Railway as they had against Ayers. to grant a right of way for street railway purposes. Fora feitures are not favored. least of all in equity. The fact that the Walkers
 way into the Park. to which they had no right to object, and which the Walk CTS could not prevent, cannot be con
 strued to work a forfeiture of the right they reserved in the lease. to grant right of way to another street railway. Railway Within Contemplated Glass. 2. It is urged that the railway Of
 within the class of street railroads for whose benefit the parties contemplated a right of way might be granted over the land. The court does not think this objection is tenahle. In the beginning of their. existence. street railroads, in the legal and popular acceptation, were surface roads, built upon the streets passengers. As they went over public highways only by consent of public au-
 thority. there was neither need nor
 ISsm nSower t1sondemn ssins rights s,. of way for sphere of operation. the term street railroad for a long time was taken to mean only that class of roads In the
 ness of motive power fur furnished e' by electricity, these surface roads on the
 streets and highways. soon began to
 aeerv:e SC v:,,t the I wants & of the people outside
 places of any public road, and our leg
 islation. recognising these changed con-
 ditions. conferred upon them the power
 of way. and gave them larger. discfe-
 tion as to their termini. So, in time. the meaning of the phrase broadened, and 1t included not only surface roads
 ways. but what are now known as troi- ley lines, which reach out from
 rs ns and sy the run d'spf of ,Ee o"e
 any point in the vicinity of cities and towns nsws rSs where rar,,f the passenger traffic dentiy had in view the kind of street railroad then known in Montgomery, | only one of which was then in opera ny to whose rights the Montgomery Street Railway Company succeeded. ,y which for some years prior. to this of electric railway ' of any pAfe,Hs length oe on
 this continent. if not in the world. It l left the foot of Commerce Street. and extending eats beyond the limits of the territory afterwards in corporated into | the town of Highland Park. now | part of the City of Montgomery. One of the park now under consideration. Clearly, in view of the surrounding circumstances. 1t was one of the roads which, t was contemplated might be of street railways Which % the aee parties Gaiss to tOot the o lease rn had in T, mind when they
 Act of March goth. Constitutional.
 8. n IS insisted the charter of the traction Company gives 1t no power to l operate its road within the park. This legged invalidity of the proceeding by which the Traction Company amend- cd its charter, and made the point its termini. It is not objected that defendant did not have power by prop but hs s 'nnPSs Sss its Sn5sssn s@ to do so. under laws which e'raNe% were never passed. or had been repealed These proccsedings were evi:: seeton sss of nast she es whch 4 a"sns @as approved March 20. 1903. While the | proceedings are criticized in partiou- them on direct attuCk by the State the | court is of opinion. they must be held l upon collateral attack. to grant the | reauisite authority; If that act was then been repeaied section na 4s eaa of nHs the Constitution of Alabama ordains. Tho 1 style of the laws of tie state shall of Alabama The style of the enact l ing clause here is, "f3e 1t enacted by | the Legislature of the State of Ala ton is mandatory and not not directory. s eq | which is true. and that the slightest | departure from the mode prescribed | is fatal to the enactment since If one | tional policy embodied in the com mand, would soon become without any | are also cited. the soundness of which | the court comedies. that no equivalent | words in the enacting clause will sui
 stitution. While not unmindfnI of the | force of the argument. the court is | of opinion that the facts of this case ant earnestly insists that the rule ad-
 it's view. and in proof Of its approval
 by the Legislative: and executive de- of the court is dlreced to message of 1 he Governor. returning a bill with | out his approval. because It omitted | from the enacting clause the words.