The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-01
GIVES TRANSFERS
At ITS PLEASURE
Nothing in Franchise Requiring
the Company to Issue
Them at All.
WERE ALDERMEN ASLEEP?
BELIEVED CITY COULD COMPEL
ISSUANCE OF TRANSFERS.

The strenuous objections made by
| the public to the new system of giving
| transfers only at the time a fare is
paid has brought to light the alleged
fact that the city, neither by franchise
nor ordinance, can compel the Utah
Light & Railway company to issue
transfers at all, and that the company
can at its discretion at any time refuse
to issue them.
For some unexplained reason, when
the council, on Dec. 2 last. passed the
| new franchise ratifying and confirming
all the old grants and extending the
time for the expiration of the compa-
ny's right to use the streets until 1855,
no provision was inserted making the
giving of transfers compulsory. The
1905 franchise and all previous grants
which have been consolidated and alb
sorbed by the Utah Light & Railway
company are also silent on this vital
point.
The 1905 franchise, which ratified all
previous franchises and authorized the
consolidation, contains only one men,
ton of transfers, as follows:
Said company hereby further agrees
that 1t will issue Communication tickets
of fifty fares for 81, the holder of
which tickets shall have the same
transfer privileges accorded to passen-
gers paying regular fare
The 1907 franchise, which is virtually
an amendment of the one granted in
1905, has this to say:
THE price of single fare shall not
exceed cents, which shall be subject
to all transfers and Communication priv
lleges as may exist on the balance of
the cOmpanys system"
Neither provision cited requires the
company to issue transfers, and the
ordinances are absolutely silent on this
point
City Attorneys Opinion.
H. j. Dininny, city attorney. says,
however that the clause in both fran
chises giving the council control of the
operation of the street railway system
would probably be enough to justify
the passage of an ordinance by the
council compelling the issuance of
transfers.
As the company ever since its exist
ence as a consolidation has issued
transfers on demand without any re-
quest from the council, it is hardly
likely that it would ever deem it pru-
dent to face the storm of popular dis
approval by denying this privilege If
the company, however, should take
such action the city attorney is of the
opinion that the council could COM
The clause providing that the price
of single passage shall not exceed 81
cents" might be invoked in case the
company should cease issuing trans
fers- A liberal construction of this
would not mean a continuous" pas
sage, but trip to ones destination.
whether it necessitated a change of
cars or not.
The attorney is of the opinion how
ever, that the council cannot regulate
by ordinance the time or the manner
il which the company may desire to
issue transfers. If the company elects
to make rule as at present that all
transfers shall be given when the fare
Is collected, the city cannot change it
by ordinance. That is a matter within
the discretion of the company, and as
long as the peOTle are given an oppor-
tunity to secure transfers easily the
method pursued by the company
cannot be called into question.
Trend of Decisions.
Besides the rather indefinite provi-
sions in the franchises cited giving the
council power to regulate the issuance
of transfers there is section 554 of the
revised ordinances of 1908, which also
has some bearing on the point. This
section provides that no franchise or
grant snail be construed to take from
the city its power to control railroads
using the streets in a reasonable man.
ner and according to law.
The trend of decisions throughout |
the country and the general interpre-
tation of franchises such as have been
granted to the Utah Light & Railway
company are that the council has the
right without the existence of any ex-
press provision, to make all reasonable
regulations for the carrying of passen-
gers and to regulate the issuance of
transfers as we'll. In some states
where the companies have even more
powers than here it has been held that
the council may also regulate rates
and provide for an equitable adjust
ment after it has been shown that ex-
listing rates are too high.
1t does not seem likely that any ac-
ton viii be taken in regard to the
matter, as the company does not in |
tend to abolish the giving of transfers. !
but the agitation which has resulted
from the change in the system of givr |
ing them has brought out these rather |
defects in the law as it ex-
lists in Utah and Salt Lake today.