The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-06-08

constitute a nuisance or an unlawful
act. On the contrary, on the showing
In this case and the well settled law
applicable TO public service CORPORA
lions, II would be more within the
right reason of the case TO hold that
an attempt upon the part OF tho rail
way company TO discontinue the uper.
alton OF its road in violation of its
obligation to the public under it's
charter from the state would be an
unlawful act which the public authori-
ties, whoever they may be, charged
With the duty OF protecting the rights
OF the public In the premises, would
have the right TO prevent"
Another portion of the brief has
this interesting claim 1T will thus
be seen that these railroads electric
lines) have been by the legislature
placed upon the same footing as gen
eral railroads. and the course of leg
islation indicates the intention OF the
legislature TO foster and encourage
the extended construction OF these
railroads into the country, so that
more efficient service may be render
er. and that the railroads be classed
not as mere local, temporary conven-
fences and highways, but should be
considered as permanent, statewide
public improvements. BY numerous
decisions OF the state and federal sill
preme courts II has been declared that
where q railroad company possesses
the power OF eminent domain, a rail-
road constructed under the authority
OF law Is a public highway, permanent
in its character which the general
public and the company alike are in
terested in having maintained and OPP
Grated as a permanent public high
way, and II is submitted that the leg
islature OF Michigan expresses clearly
that purpose and intention, viz thai
these extended lines OF railway shall
be deemed to be permanent public
highways"
Again the company says: IF a rail-
road is constructed under such fran
chises and devoted to a public use,
the corporation cannot withdraw the
property from the public, but must
continue to devote 1t TO the public
use. II can be compelled to perform
its public duty. In like manner, the
railroad having once been placed In
the street under such authority and
Used for public purposes, ii must be
assumed that II was the intention OF
both the city and the company that
II should be continued TO be used as
a railroad, although ultimately such
continued use might be upon terms
wholly different from those under IL
which IL was originally constructed"
The nub OF the situation is then
presented in the next paragraph:
THAT being so, We do not think II
within reason to say that because of
small proportion of one of these
extended railroads being constructed
upon a part of city street, the city
would have the right to destroy the
character OF the property, to require
it TO be removed from the freet, TO
disrupt the service. and so act as to
come in conflict with the public in
terest, which we conceive requires
the continued maintenance and opera
ton OF the line
I'VE do not claim that by reason of
these conditions a right is vested in
the grantee in perpetuity to maintain
a railroad in the street. free from
public control and regulation. What
we do contend is that Che property
Is a railroad of permanent charac-
ter. necessary and proper for the pub.
lie service, devoted to the public use,
not locally alone, but by a larger and
greater interest than that represented
by any one municipality, and forming
a part OF a greater system created by
sanction OF law. which, we suggest,
was intended to be permanently de.
voted to the public use as a railroad
whether owned by the original com.
pany or its successors, or by the pub
lie. or by some other body or person
or authority, subject to proper and
legitimate regulation"
In another chapter the company
says: 1T therefore seems quite clear
that this railroad. being one which
carries both freight and passengers.
as well as being component part of
a railroad doing an interstate as well
as local business. comes clearly with
in the terms Of the railroad commits
sion act, and is within the jurisdic-
tion of the railroad commission.