The Caucasian. (Shreveport, La.) 1900-192?, 1907-03-19

The Supreme Court of the State at its
session held in New Orleans yesterday
rendered. a number of decisions of which
several are of great interest to Shreve-
port.
\ re-hearing was refused in the mat
ter Of the liquidation of Shreveport Ma
tional Bank MM
Shreveport scored fWo successes one
being against the Shreveport Traction
Company and the other against J. ?.
Nelson In substance the Traction Com
pany must pay for its part of the cost
Of the street pavement on Jordan street
and J. p Nelson is held bound to repair
its road These suits were consolidated.
BY Chief Justice Brcaux-
City of Shreveport vs.. ]. p. Nelson
ct al. City of Shreveport vs.. Southern
Paving and Construction Company ct al
I he appellant IS held bound to repair
its roadbed as it is not safe and in good
repair.
1t is under obligation to maintain its
roadbcd
Whatever may be The responsibility Of
other contractors-if there be-primar!lv
appellant is responsible and must make
needed repairs when demanded be
cause OF the bad and dangerous~rondi-
ton Of the track Judgment affirmed.
BY Associate Justice Nichols
Shreveport Traction Company vs.,
Kansas City, Shreveport and Gulf Rail
way Company.
I. City authorities have no legal pow
er TO create corporations or to grant
franchises. This can be done by the
state alone, but the city can concede the
right of way through her streets Such
| right is not a franchise in law. The
privileges conceded are secondary fran
chises '-instrumentalities by means of
which the corporate powers granted by
The" charter may be exercised.
l. In determining what the character
# the corporation is reference must be
made to its charter and not to the rela-
ions which may have been established
between itself and the city by permit or
icense or by contract If by its charter
It is railroad corporation its rights az
such are not waived or forfeited o.
sbandoned by entering into relations
vt the city formsperating lines OF street
ars inside the Vef.y limits Between the
city and the company the relations en-
tered into may control the situation as
to the operation Of its cars, but when the
company extends its line beyond the city
under its right to do so-reserved in the
charter, the city has no control over it.
Duo ad its extension the character OF
The company is to be held to be rail
.oad company entitled to its privileges
as such and bound by its obligations tC
the general public
g. Where defendant does not pretend
that the route of the plaintiff corporation
outside Of the city limits is parallel with
and completes with its own or that It's
business is affected by the facts that the
plaintiff is corporation resulting from
he consolidation of the two companies
in the city of Shreveport. Defendant has
no interest in contesting the consolida
ton of the two companies on the ground
that the lines of the two companies in
the city were to some extent parallel and
competed with.
a. The term railroad" is a broader
term than the term street railway" but
il does not exclude under it street rail
ways Railroad" is a generate term
under which street railways fall as d
species unless by the text of law in
(which the former term is used, it ap
pears that the intention OF the laWmaker
was not to include in ii the latter kind
Of railroads. Such could not have been
the intent of the General Assembly in
| using the word railroad in section 6S3
and section 6G8 of the Revised Statutes.
FIT is expressly provided in the 18th sec
ton of Act 100 of 1903 that under
consolidation of two companies the CON
solidated company has the right to do all
acts and other things which said COM
panies so consolidated, or either or them,
might have done-previous to the consol-
| idation. The right of the consolidated
company in this instance did not result
| from the consolidation, but went into the
consolidation as a pre-existing right.
). The plaintiff in this suit does not
seek to obtain the ownership of any
property of the defendant. it only prays
10 have it decreed to it right of way or
crossing over its tracks at particular
point at occasional intervals, an ease
ment which, in view of the fact that de,