Omaha daily bee., 1906-03-13
Act of 1866 Extending Char
Nine Years is Vail :
DOES NOT APPLY TO
Franchises Granting Use Of s Exp
by Their Own Limitaf -
cONTRAcT cAART[R RIeHT Ng. CLUsNE
Mayor Dunne says Finding IL q
Sweeping Victory, as only Point
Decided for Companies
Was Conceded.

WASHINGTON, Marcn l2.-rhe Chicago
street railway cases. involving the ques-
tion Of the date OF termination of the
franchises Of the lines running from the
center Of Chicago TO the north and west
sidee were today decided by the supreme
court of the United States.
Tho opinion was delivered by Justice
Day and reversed the decision of the
United States circuit court for the north
ern district OF Illinois He held that the
act of the Illinois legislature of 1855 had
the effect OF extending the charter of the
railway companies for ninety-nine years.
Eject of the Decision.
CHICAGO, March 12.-By the decision Of
the United States supreme court handed
down today the city of Chicago obtains
almost complete control OF the local trac-
tlon situation. The decision sustains the
acts of the state legislature extending the
life Of the charters Of the street railway
companies to ninety-nine years, but does
not sustain the contention of the companies
that contract rights which are limited to
fewer years than remain to the charter
life OF the companies are also extended.
Contracts or ordinances Of the city limiting
the use of the streets by the companies
are upheld and the rights of the companies
in the streets are held TO expire according
to the expressed terms of the ordinances.
In its effect the decision leaves the Union
Traction company without any right what
ever, other than by sufferance in the
streets of the north division of the city.
II leaves the Union Traction company
in the west division without rights except
ing where the ordinances contain O pur-
chase clause.
II leaves the Chicago City Railway COM
pany, which operates all the street car
lines on the south side of the city. without
right excepting where their ordinances
contain a purchase clause.
The original ordinances granted TO the
street car companies were for ninety-nins
years inside the city limits a. they existed
in 1885. The companies have extended their
tracks as the boundaries of the city have
been enlarged and have claimed that the
r extsu3ed nnce whioh were built under fran.
chises from the city were also operative
under the ninety-nine-year act. The court
has held. however. that the ninety nine.
year act extended only the charter life
of the street car companies without ex
tending their ordinances.
No Exclusive Contracts.
The court also denies the claim of tn,
street car companies that they have beer
vested with the exclusive right for ninety
nine years to enter into contracts Will
the city for the occupancy Of Chicago
streets for street railway, purposes. Th'
decision also holds that the companies
could only receive such grants as the cit!
might give and upon such terms and condi
tions, including the time of the grant, a
the city might prescribe.
The city has all along admitted that tn
ninety-nine-year act is valid, but elaine,
that it did not extend the ordinances unde
which the street car companies are operat
Ing at present.
1T is sweeping victory for the city
said Mayor Dunno. There are no ninety
nine-year franchises in the city OF Chicag
according TO this decision and no indefnit
OF perpetual grants in the outlying terri
tory. We have the traction companies no,
In position where we can negotiate 10
the purchase Of the lines. II they do nc
want to sell at fair price we can declar
our rights under the decision"