The Montgomery advertiser., 1907-02-13
SENATE BILL, NO. IT.
Statement of George w. Jones. Assistant District Attorney |. & N. R. R.. in Opposition to Senate Bill No. 227 by Nh. Reynolds
 of Bibb, Entitled:
Montgomery then in effect, was amend ed to read as follows:

Montgomery then in effect. was amend. ed to read az follows:
 Section 1s. Be 1t further enacted. That the inhabitants of said city shall be exempted from working on roads and highways out of said city; but the streets and highways in said city
 shs cty cosnns ss sa,d is eisy sa ssa a
 authority to make, alter. widen. extend
 pr open any street within the limits cf
 the city, whenever in their Judgment said City Council may grant the right of-way and appropriate to the South and North Alabama Railroad Company
 any street, streets. lots. or commons in
 rssary. to enable them to build pas
 senger or freight depots, or workshops.
 and to reach the same. and that the power next above recited be and Is
 Council to grant to any railroad that may unite upon common depot with said South and North Alabama Rail- road Company on a common depot. the The City Council of Montgomery. un- der the authority of this Act. did ap-
 bania Railroad Company, 15O feet Of Washington Street, now Lee Street.
 south of Water Street. for the purpose of building freight and passenger de-
 
 for the delivery of freight, and the City Council Of Montgomery conveyed this property by deed, together with other property. to the South and North Ala bama Railroad Company, which Com pany at once took possession of this tract and erected and maintained there. on 2 freight and passenger depot. and tracks. and has used this land for such railroad purposes ever since that time. Before the passage of the Act above quoted. the City Council of Montgofn- cry had the express power under its charter to vacate streets and to make the deed to said railroad company, which deed was nothing more than an appropriation of that part of Lee Street to said railroad company, its successors and assigns and .he appropriation of that part of the street to said railroad company was a vacation of that part of the street., Since July 12, 1872. p6 abbutting owner on Lee Street, nor any citizen of Montgomery had had any right to use that part of Lee Street to l reach the river or the Union Depot. From the foregoing. it will be ob- served that by legislative authority, 15O
 feet of what would have been the north end of Lee. Street was appropriated to | railroad purposes in 1872, more than thirty-four years ago. and that Lee Street has not been used as an approach
 lo the river or Water Street, or any The additional portion of Lee Street now occupied by the freight depot was devoted to railroad purposes by the or Jinance approved in June. 1ss6, hereto When this ordinance was passed, the Guy Council of Montgomery had,
 among other powers, the power to cs-
 Sn .aSsh 0sn ny widen sxtena grade, cut ter or improve all streets, avenues, side- walks alleys, etc.
 The City Council of Montgomery. by the authority conferred upon 1t t0 ai- l far RfFeAfS had QhnR a Lee Street. As to this point, adjudi-
 cated cases show that the authority to alter a road oF street carries with il
 the right or power to extend or dimin- such street.
 HeipIe ys. ciackamas County, 20 Ore. The alteration of a road has been held to involve the dfsc0ntinuance of thai part of road which was altered; Ponder Vs. shannon. 54 Ga. 1S7; Set
 also state ys. Wood County. 93 w. Va l 157; Com. vs. Westbrough, 3 Mass. 406. 1 From the authorities last cited, i l cannot be Questi0nel that the City
 Council had the right to vacate a DOT hence it cannot be denied that he Cit,
 Council of MontgOmerv had legal au- Ithority under the power given 1t bt | the Legislature. to alter Lee street as
 tt did by shortening 1t, and abandon
 ing that portion now used by the
 Louisville and Nashville Railroad Com. pany for It's freight warehouse. It was the action of the City Council, pur-
 .uant to authority which had been con. I ferred upon it by the Legislature. and would have been legally sufficient to fhava shortened Lee street and vest 6 lDerfect title in the Louisville and Nash vile Railroad Company, even If the
 curative Act of the Legislature (Acts If900-0i. page 239) affirming the action | of the City Council in thus shortenina Ter altering the street. had never been Ipassed: and certainly. 1t cannot he Questioned that when the action oi f*he City Council at the time 1t thus shortened Lee street was taken such | action was legal and, besides such Iaetion was afterwards expressly af- | f.rn1ed by the Legislature. possesin1 tpe absolute power to vacate and alter istreefs. The Legislature being vestet with smch power plainly had the pow-
 ar to affirm such action on the part oi lthe City Council. (which is but legis.
 iative agencv.D The Citv Council did aniv what the Iegislature had prev. iously authorized 1t to do. and the Leg. islature. in addition. after the Counci had done sa. ratified the action of tho City council by an afirmance of what 1t had done.