Year: 1877

ing the right generally to run over
other city tracks, but simply as a
connection with the county track,
manilestly shows chat, in the mind
of the Legislature, the running into
the county was the essential duty;
and in the same section, the prOyi-
sion, as to collecting the fare, shows
the same thing-it is, Sand collect
fare from each passenger in an
amount not to exceed 10 cents, as
provided in section 6, of this act"
The reference to the 9th section
shows, that the intent was to allow
10 cents fare for running into the
county. All these reasons combine
in favor of that construction, which
limits the county company to the
power of constructing tracks, that
by themselves, i'll connection with
the city companies tracks, should
extend out into the county, and to
carry at 10 cents fare those passen-
gers only who were going out into
or coming from the county.


Again, the court should, and
will, give such a construction to the
county charter as will sustain that
charter as a constitutional enact
msnt, rather than a construction
which would render it unconstitu-
tional and void.


Defendant insists, that the char
ter of the company is alike
applicable to the city as
to the county; that their rights
could be exercised wholly in the
city; that they could, without any
county track, run over the track Of
any company in the city.


We deny this. After the legisIa-
ture had granted the franchise to
the city company, and it had laid
its tracks, the Legislature could not
authorize another company to run
over those tracks, except for some
additional public purpose, as for in
stance to make efectual the service
Of the county company in carrying
persons from and to any point Of
the city out into and from the
county; because, the tracks of tte
city company are private property,
and cannot be granted to another
company, nor can their use, except
in the exercise of the right of emf
nent domain for some public use.


The track and franchise Of run
ming street cars for passengers
thereon, once granted, can no more
be interfered with by the Legislature
than they can grant tract Of land
for which a prior operative grant
had been made. See McLean's
opinion in Charles River Bridge VS..
Warren Bridge, II Peters r., 500.


Jersey City and Bergen R. Co.
VS.. Jersey City and Hoboken Horse
r. Co., 20 New Jersey r., 7O-7l.


But the enabling of a county
company, by connecting with and
running over the city tracks, to
take up suburbans at any point in
the city and carry them out of and
into the city, is an additional pub
lie use which the legislature could
impose on the city company, allow
ing them reasonable compensation
therefor. This would be a legiti-
mate exercise of the power of emf
nent domain for a public use.


But if the county company, un-
der color of this right, should at
tempt to use the city tracks to com
pete with the city company in car
rying passengers from one point to
another in the city, would not a
court stop such use on the ground
that it was not within the purpose
or meaning of the imposed right,
but a fraud and inadmissible, and
that the legislature could not have
imposed such a right as against the
prior or city company.


All these reasons, the public !
want sought to be supplied, which |
was a county want, not a city one,
applying to a few suburbans, the
city people were amply supplied |
at fare of five cents.
The ten cents would only
have been q burden to city
travel, not a benefit, but it was rea-
sonable as against suburbans.


The folly Of supposing that the
legislature would take away from
the many people Of a city a benefit |
at 5 cents, and burden them with
the same at 10 cents, and this only !
to benefit the few residing in the
suburbs; the fact. that the name of
the company is the Citizens Street !
Railroad Company "of Shelby
county," not of the city; the fact
that the permission is to build
tracks in the streets and highways
of the county, not of the city, nor
in the county, but of the county;
the fact that no express permission
is given to build or run their cars
in the city, except as a connection
with those in the city the fact that
this permission is not to run gene
rally, but only as connection /; the
fact that the fare is still referred
to the 9th section the fact that
a, 1911 ..--..ll - - -.------