The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-09-11

would make break in the line of
the company to Delaware and Mar
| j1n. This would necessitate the
transfer Of passengers through
the village in busses. The Wells,
Fargo Express company has a con
tract with the road to transport
its freight. which must be fulfilled
TO do it, the road would be com
PEELED to transfer across the break
in drays.
The action taken revokes the
franchise given to the Worthington,
| Clintonsville q Columbus Street
Railway company. This was made
| i'm two grants; one for the section
in the village north of the public
square; the other for the section
south of the square. This made
two resolutions necessary.
Among the provisions of the
franchise, a plank is required along
the outside rails; tracks are to be
in the center of the street; plank
crossings 2S feet wide are TO be
provided at all street intersections;
a Scent fare is TO be charged and
six tickets are to be sold for
quarter. 1t is declared that every
one Of these features mas been
violated.
A fund to fight the. railroad has
been raised among interested prop
erty owners. Legal talent has been
engaged. A thorough investigation
Of the rights of the company and
village has been made, aud the
village authorities are said to be
certain Of their ground. In a
similar case going up from Alliance,
the supreme court decided that the
city had the right to tear up the
tracks and other property. This
will be depended on if the course
lis adopted at Worthington.
The resolutions passed by the
council are similar, except that the
one for the north part Of the viii
age relates some Of the franchise
provisions. That for the south
part follows:
Whereas, On the fifth day Of
January, 1900, the council Of the
village of Worthington, by ordin-
ance, attempted to grant unto the
Worthington, Clintonsville & Co
mmbus Street Railway company
the right to maintain and operate
street railway in Main street Of
said village, from the center of the
public square TO the south line Of
South street FOR period of 25
years from the Doth day of Decem-
ber, 1899, and
Whereas, Said attempted grant
was invalid, null and void, because
the provisions of the law under
which it was attempted to grant
said franchise were not arhered to
and by reason thereof said COM
pany never acquired any lawful
right 10 maintain and operate a
street railway on Main street of
said village, and
Whereas, The Columbus, Della
ware & Marion Electric Railroad
company, by purchase or otherwise
known to council, acquired the prop
erty rights and franchises of the
Worthington, Clintonville & Column
bus Street Railway company, and
has continued, and is now operat-
ing street railway in said Main
street, without any warrant Of au-
thority, and is trespasser upon
said street.
Therefore, BE II resolved, that
the right of the Worthington, Clin-
tOnville & Columbus Street Railway
company to maintain and operate a
street railway in said Main street
Of said village. and now claimed
and used by the Columbus, Della
ware & Marion Electric Railroad
company, be, and the same is here
by declared TO be invalid, illegal
null and void, and without warrant
Of authority, and said street rail
way company is hereby ordered and
directed to remove its rails, ties,
poles, wires and all other equip
ment forthwith from said street,
and all right TO occupy said street
shall at once cease and terminate
The clerk of this village is hereby
directed TO serve forthwith a GER
tilted copy of this resolution upon
the Columbus, Delaware & Marion
Electric Railroad compeay. -
State Journal.