126 Mich. 554 | Mich. | 1901
{after stating the facts). The sole power to convey authority to construct street railways is by the
‘ ‘ If said grantees or their assigns shall fail to complete any of the aforesaid railways within the time prescribed, then the rights and privileges herein granted shall be forfeited as to any and every route therein established.”
He then argues that this provision, and the requirement to construct the road within one year, “would seem to he conclusive upon the right of the grantee or its successors to make any other constructions or use any other portion of the street than that which they actually utilized within the time limited.”
The charter provides that the common council “shall have power * * * to control, prescribe, and regulate the manner in which the highways, streets, avenues, lanes, alleys, and public grounds and spaces within said city shall be used and enjoyed.” Charter, § 122. By the charter all the legislative power over the streets is vested in the common council. The administrative power over them is placed in the board of public works. The council is authorized to legislate, and the board is authorized to execute what the council enacts. Charter, §§ 316, 317, 324. The common council had exercised its legislative function, and thereby defined the streets which relator might occupy, and the character of the track to be placed and maintained thereon. The contract between relator and the city was that relator might construct and maintain a single track, with such turnouts as should be made necessary by the increase of travel. No further legislative act was necessary to confer this right. This right was not limited to those needed at the time the road was constructed. Both parties contemplated that travel might-increase, and thereby more cars and more turnouts would be rendered necessary. It is apparently conceded by counsel for the city — or, at least, it is not disputed — that these turnouts are essential for the accommodation of the
We approve the conclusion and the reasoning of the opinion of the court below, and affirm the judgment.