Attorney General v. Detroit Suburban R. Co.

• Decision Date: 16 June 1893
• Citation: 55 N.W. 562,96 Mich. 65
• Court: Michigan Supreme Court
• Parties: ATTORNEY GENERAL v. DETROIT SUBURBAN RY. CO.

55 N.W. 562

96 Mich. 65

ATTORNEY GENERAL v. DETROIT SUBURBAN RY. CO.

Supreme Court of Michigan

June 16, 1893

Original application by the attorney general for leave to file an information in the nature of a quo warranto against the Detroit Suburban Railway Company. Application denied.

John J Speed and C. A. Kent, for relator. Russel & Campbell, for respondent.

GRANT J.

The attorney general asks leave of this court to file an information in the nature of a quo warranto against the Detroit Suburban Railway Company. The petition was filed March 7, 1893. The reason assigned for the petition is that said railway company is exercising a franchise and privilege not conferred by law, in that the permit given by the township board is void upon its face, because it purports to grant an exclusive and perpetual right. The authority conferred by the township board of the township of Greenfield is attached to the petition, and reads as follows "Franchise for Woodward Avenue Street Railway, or Highland Park Road. At a session of the township board of Greenfield, county of Wayne, and state of Michigan, held on the 17th day of October, A. D. 1885, at which a quorum of the board was present, the following preamble and resolution was submitted, and, after a careful consideration, was unanimously adopted: 'Whereas, Frank E. Snow and William A. Jackson, of Detroit, Michigan, contemplate the construction of a railway on Woodward avenue, commencing at the railroad crossing, and running thence northwesterly along, upon, and adjacent to the Detroit and Birmingham Plank Road to the six-mile stake on said road; and whereas, the construction of said railway is deemed to be a valuable improvement to the property along said road, and to the township of Greenfield: Therefore, resolved, that for and in consideration of the sum of one (1) dollar to the township board in hand paid by the said Frank E. Snow and William E Jackson, the receipt whereof is hereby acknowledged, we, the township board, hereby grant, convey, and quitclaim unto the said Frank E. Snow and William E. Jackson, their successors and assigns, the exclusive and perpetual right and privilege of constructing, maintaining, and operating a railway for the transportation of passengers along and upon said road as aforesaid, and hereby authorize the execution of an instrument conveying the said right and privilege to the said Snow and Jackson for the perpetual use of said roadway for the purpose of said railway, together with the right to construct and operate all necessary switches and appurtenances thereto belonging: provided, that said railway shall be constructed at least ten feet east of the west line of said highway, and also that said railway shall at all times maintain an open ditch or suitable drainage along said road with all necessary sluiceways and other conveniences for the proper drainage of said road, and the property abutting thereon; and provided, that the rate of fare on said railway shall not exceed five (5) cents for each passenger per trip."' The authority conferred by statute upon the township board is found in How. St. � 3548 and is as follows: "Any such company may extend, construct, use, and maintain their road in and along the streets or highways of any township, adjacent to said city or village, upon such terms and conditions as may be agreed upon by the company and the...