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tensions, what is called the Garden street | equip and operate the said extension and branch, and is the railroad in question.

On the 30th of March, 1868, the railroad company was permitted by ordinance of the village of East Cleveland to construct a branch railroad on Garden street, which would form an extension, in fact, of the Garden street line easterly through the village to the line of Wade street. The grant was for twenty years from the time of the completion of the work, which was to be completed within five years from the date of the passage of the resolution granting the right, March 30, 1868.

its Garden street branch for the period of twenty-five years from and after the passage of the ordinance." When this ordinance was passed the eastern limits of the city of Cleveland had been extended, so that the territory covered by the grants to the Garden street line was at that time included in the city of Cleveland.

In 1885, February 9, the council passed an ordinance permitting the East Cleveland Railroad Company "to extend its Garden street branch from the intersection of Quincy street and Lincoln avenue, in an easterOn the 25th of March, 1873, the council ly direction, to Woodland Hills avenue, passed a resolution, in the preamble of. and equip and operate said extenwhich it was stated that the East Cleve- sion as a single track railroad, with all necland Railroad Company desired and pro- | essary switches, turnouts, and turntables" posed to connect their Garden street branch in connection with said branch and its main with the main line of their road at the in-line, and terminating with the grant for the tersection of Erie and Prospect streets, and main line, but with the express condition thereupon the council granted to the rail- that "no increase of fare shall be charged road company the "right to lay down a by said company on any part of its main double track street railroad in Ohio street line, or on said extension, by reason of said from their present track in Brownell street extension." to Erie street, and in Erie street, from Ghio street to Prospect street, to connect with their main track at this point." This made a junction at Erie and Prospect streets, with the Euclid Avenue Railroad, instead of at Brownell and Prospect streets,-a small difference as to length of road.

On the 23d of May, 1876, the council authorized the East Cleveland Railroad Company to extend the Garden street branch of its road at the easterly end thereof along Garden street to Baden avenue thence to Quincy, along Quincy to New, and along New street to Garden street, there to connect with the Garden street tracks. The ordinance provided that the right therein granted should continue for twenty years from that date.

This extension placed a track in Quincy street from Baden to New street, which was a very short distance. It did make a different date for the termination of the grant than was provided for the rest of the branch, and it was to be operated "in connection with said branch and its main line." No increase of fare was to be charged by the company on any part of its branch or of its main line or extension by reason of the extension.

In the year 1880, on the 22d of March, the council passed an ordinance authorizing the East Cleveland Railroad Company to extend the Garden street branch of its railway from the then-existing track at the intersection of Baden avenue and Quincy street, on and along said Quincy street, in an easterly direction to the intersection of Quincy street and Lincoln avenue, and to

On the 17th of June, 1887, the council granted another extension to the Garden street branch on Garden street from Baden avenue easterly to Lincoln avenue, the grant to terminate "with the grant for the Garden street main line," and no extra fare.

On the 10th of March, 1890, the council passed an ordinance which "granted the right to operate its Garden street branch by electricity" from and to the points named in the ordinance, and this grant was "to operate by electric power the said Garden street branch during the term of its present grant for said Garden street branch." Both roads were thereafter operated as electric street railroads.

On the 30th day of March, 1891, another ordinance was passed, authorizing the railroad company "to operate a second or additional track in and upon Central avenue (Garden street) from the east line of Willson avenue to the Cleveland & Pittsburg Railroad tracks." It was provided that the "right herein granted shall be valid until the expiration of the grants for the said company's main line."

On the 20th of April, 1891, an ordinance was passed which authorized the railroad company to "operate a second or additional track in and upon Quincy street from New street to Woodland Hills avenue." This was part of the Garden street line. Section 3 of the ordinance contained the provision that the "right herein granted shall be valid until the expiration of the grants for said company's tracks on said Quincy street east of Lincoln avenue; to wit, July 13, 1913."

These are the material ordinances which particularly relate to the Garden street railroad.

During March and April, 1893, the complainant herein was organized as a consolidation of several street railroads, which, it is enough to say, included, among others, the Euclid avenue and the Garden street lines, and on the 22d day of May, 1893, the consolidated railroad company (this complainant), through its vice president, addressed a communication to the council, stating that the various consolidations had been made under advice of counsel, but inas much as some question seemed to have arisen as to the intention of the company, it was stated that the company did not claim any rights greater than the constituent companies forming the organization; that it intended to obey all ordinances to which each and all the constituent companies were subject, and that it had, since the consolidation had been effected, issued transfer checks to all persons desiring them, to enable such persons to have a continuous ride from any East Side line to any South Side or West Side line, and from any South or West Side line of the company to any East Side line, for one fare, and would continue such system of transfers where it could not better accommodate its patrons by such through lines as it might establish; and that it disclaimed all intention of charging more than one fare for any such continuous ride; "and that its aim has been and will be to give its patrons vastly improved service and accommodations by reason of such consolidation."

The council thereupon, by resolution, consented to the consolidation of the various railroad companies named in the resolution under the name of the Cleveland Electric Railway Company, upon the condition that "only one fare shall be charged for a continuous ride on or over any line of rail way formerly owned by any other of said constituent companies within the limits of the city of Cleveland; and passengers on any of such lines paying one fare shall be entitled, without extra or additional charge, to be transferred to any other of said lines and have a continuous ride thereon for said single fare." The conditions contained in the resolution were thereafter accepted by the complainant in writing.

On the 19th day of February, 1894, the council adopted "an ordinance granting permission to the Cleveland Electric Railway and the Cleveland City Railway Company to extend their tracks in Willson avenue." This avenue runs north and south and crosses many of the avenues in which some

of the constituent companies of the consolidated road had laid their tracks.

The ordinance granted each railroad company the right to extend its double track railroad along Willson avenue from and to the various points named in the ordinance, and the road was to be constructed and operated in connection with the existing tracks in Willson avenue as a double track street railroad. The two companies named in the ordinance were to jointly construct and maintain the road, and each was to have the right to occupy and use the track, wires, etc., of the other company then in Willson avenue, on such terms and conditions as the council might deem just and reasonable, unless the companies should otherwise agree. Provision was then made for the running of through cars on Willson avenue between certain points, and night cars were to be operated by the companies throughout the entire length of Willson avenue. A passenger on any car operated on any part of said Willson avenue was to have the right, on the payment of one fare, without additional or extra charge, to be transferred to any other line of either of said companies intersecting or coming to said Willson avenue, and was to have a continuous ride thereon, with the right, without additional charge, to be transferred from said second line to a car on any other line of either of these companies intersecting or coming to Willson avenue, and was to be entitled, without additional or extra charge, to be transferred to the Willsor.

avenue line and to have a continuous ride thereon. Regulations were made for the paving of certain portions of the street by the company under the direction of the city authorities, and provision was made for between certain points named, and for setwidening the roadway on Willson avenue ting back curbs, hydrants, etc., all of which was to be done at the expense of the companies, which were also to comply with and perform all the general ordinances of the city relating to street railroads, then or thereafter in force. By § 10 it was provided that the grant should be in force until the 1st day of July, 1914.

On the 25th of June, 1894, the council passed "An Ordinance Granting the Cleveland Electric Railway the Right to Extend and Operate Its Double Track Street Railroad in Quincy Street from New Street to Willson Avenue." This ordinance provided for the extension and operation by the Cleveland Electric Railway Company of a double track street railroad on and along Quincy street, from its then present tracks thereon, westerly to Willson avenue, connecting by curves with its Willson avenue

tracks. The 6th section provided that "this | inite in their nature, and should contain grant shall terminate with the grant for no ambiguity in their terms. The legislasaid company's present line in Quincy street."

These ordinances and resolutions are those which particularly relate to the extent of the grants to the railroad company for the Euclid avenue and for the Garden street lines. Other ordinances and resolutions were passed, showing, in connection with those already in evidence, as insisted upon by the complainant, the existence of a general system for the operation of the roads owned by the complainant, including the Euclid avenue and Garden street lines, as a unit, and the necessity existing for operating all of the lines in connection with each other for the life of the longest grant. And it is insisted that this was the obvious intention of the council, to be gathered from the various ordinances, among them those especially above adverted to.

Messrs. William B. Sanders, John W. Warrington, and Andrew Squire for Cleveland Electric Railway Company.

Messrs. D. C. Westenhaver and Garfield, Howe, & Westenhaver for Forest City Railway Company.

tive mind must be distinctly impressed with the unequivocal form of expression contained in the grant, "in order that the privileges may be intelligently granted or purposely withheld. It is matter of common knowledge that grants of this character are usually prepared by those interested in them, and submitted to the legislatures with a view to obtain from such bodies the most liberal grant of privileges which they are willing to give. This is one among many reasons why they are to be strictly construed." Blair v. Chicago, 201 U. S. 400, 471, 50 L. ed. 801, 830, 26 Sup. Ct. Rep. 427. In the case cited this court has had occasion to state the principle of construction and to cite some of the authorities upon which it is based. This has been so lately done that it is unnecessary to more than refer to that case as authority for the doctrine above stated.

Before proceeding with an examination of the various ordinances and resolutions referred to in the foregoing statement, it is well to say that we do so upon the assumption that the legislature has heretofore granted to the city council of Cleve

Mr. Newton D. Baker for the city of land most comprehensive power to contract Cleveland.

Mr. Justice Peckham, after making the foregoing statement, delivered the opinion of the court:

Out of these various ordinances and resolutions arise the difficulties suggested in this case. The facts are somewhat complicated by reason of their number, and the inferences to be drawn from them are not always perfectly plain and certain. The complainant contends that, by reason of the action of the city council and the acceptance by the complainant of the various ordinances and resolutions adopted by that council, a valid contract has been entered into between the city and the complainant, by which the right to use the streets named in the ordinances by the Garden street branch has been granted to complainant up to July 1, 1914; or, if it is mistaken as to that time, that then the contract terminates on the 13th of July, 1913. The city contends that neither date is right, but that the contract, so far as it related to the Garden street branch, terminated on the 22d of March, 1905.

The rules of construction which have been adopted by courts in cases of public grants of this nature by the authorities of cities are of long standing. It has been held that such grants should be in plain language, that they should be certain and def

with street railroads within its limits, with regard to the use of its streets, and the length of time for which such use may be granted, not longer than twenty-five years. Cleveland v. Cleveland City R. Co. 194 U. S. 517, 533, 48 L. ed. 1102, 1107, 24 Sup. Ct. Rep. 756; Cleveland v. Cleveland Electric R. Co. 201 U. S. 529, 541, 50 L. ed. 854, 859, 26 Sup. Ct. Rep. 513. Therefore, in deciding this case, we assume the validity of the contract, whatever it is, that was made. The only question involved herein is one of construction and intent.

The most important of the many ordinances and resolutions relating to the Euclid avenue line, commencing in 1859, have been referred to in the foregoing statement of facts because of the contention of complainant that the Garden street branch is nothing but an extension and, in reality, as in law, a component part of the Euclid avenue line, and that the Garden street grant is limited and governed by the time of the expiration of the Euclid avenue grant. In other words, that the grant of 1888 to the Euclid avenue line of the right to change its motive power, and extending the termination of the grant until twenty-five years from that date, thereby extended the termination of the grant to the Garden street branch to the same time, although the whole branch road had been separately and otherwise provided for, and had never before had

the same termination as the Euclid avenue line. The grant is to be implied which is to work such a change in a grant then existing in specific and direct language. The same argument is also set forth in regard to the ordinance of July 17, 1893, which will be again referred to.

Under these circumstances it is important to direct special attention to the Garden street branch.

use the tracks of the Euclid avenue line. The termination of the right was at a different time from that provided for the Euclid avenue line. This use of the Euclid avenue tracks for a short distance did not make the Garden street branch a mere extension of the former road. Whether authorized by its charter to build the Garden street road is not important. It did so, and its right to do it was given by an ordinance of the council which has been recognized as valid ever since. Because on some occasions it has been called a branch does not alter the weight to be given the facts stated, or turn the branch into a mere extension where it has been otherwise uniformly treated.

The East Cleveland Railroad Company, having built and operated its road through the various streets mentioned in the ordinance of 1859, granting it leave so to do, became desirous of building another road in connection with the one it was then operating, but there was no statute at that time in Ohio permitting the extension of a road It is contended that by the resolution then built, and the company, therefore, in of March 25, 1873, which granted to the 1867 and the early part of 1868, took the East Cleveland Railway Company the right same proceedings to acquire the right to to lay a double track street railroad, interbuild the new road that it had taken to secting with its main line at Erie street build the former, although it did not seek and Prospect street, and thence through a new incorporation. As a railroad com- other streets mentioned in the resolution, pany already existing, it applied to the the Garden street line thereby became an council of the city of Cleveland for leave to extension of the main line, or was recogconstruct a street railroad from the inter-nized as a mere extension. The preamble section of Prospect and Brownell streets, to that resolution recites that the railroad to connect with the main line of its road, company desires to connect the Garden and thence through various streets and street branch with the main line of their along the center of Garden street, to and road at the intersection of Erie and Prosacross Willson avenue, to the easterly pect streets, and to remove the other track boundary of the city. It procured the con- from Brownell street, between Ohio.and sents of the property owners along the Prospect streets, and therefore permission line; notice for the reception of bids was is granted to the company so to do. published by the city as provided for in resolution provided simply for changing the the statute, and the railroad company made connection of the Garden street branch with a formal bid for the privilege of laying the Euclid avenue line from Brownell street down its tracks through the various streets, to Erie street, and for the taking up of the and named the rates of fare which would track on Brownell street, between Ohio and be charged. That bid was the lowest, if Prospect streets. It did not make the Garnot the only one, made, and it was duly den street branch any more of an extension accepted, and the privilege was granted to of the main line than it had been before. build a railroad in Garden street, and to The branch road certainly did not become operate it for twenty years from the date a part of the main road simply because it of the adoption of the ordinance, January ran in connection with it, or because it 14, 1868, and the company was to continue ran over a small portion of the tracks of to use the western end of the Euclid avenue that road. It remained what is started out road as stated in the ordinance. The ordi- as, a road with a separate route and a difnance was accepted and the road built. At ferent term of life. this time the grant to the Euclid avenue line expired September 20, 1879.

Referring to the procedure under which the Garden street branch was created and the permission of the city council to build the road obtained, it is plain that the branch thus built was not a mere extension or part of the Euclid avenue line, so that a grant to the latter, necessarily covered the other as an inseparable part of it, but was a distinct line, with a separate route, with the exception of a short distance at the west end, where it was permitted to

That

The grant made in 1876 to the company to extend its Garden street tracks from its then terminus at Baden street, to and along other streets towards the east, with the right to equip and operate said extension for twenty years, in connection with the said Garden street branch and its main line, had no effect upon the question we are discussing. That extension of the tracks of the Garden street branch spoken of in the ordinance was also a short one, and was to terminate at a different time from that then existing in regard to the other

portion of the Garden street branch. That [isting in regard to the Euclid avenue line. it was to be operated in connection with its It is contended that from the time of the Garden street branch and the main line passage of this ordinance by the council did not make the branch as extended a part and its acceptance by the complainant the of the main line, or alter the fact that the parties thereby agreed that the extension branch was a separate road, although oper- should be operated with the main line, and ated in connection with the main line. It that its grant for such operation should is quite difficult to see why the right to expire with the grant for the main or Euoperate this particular extension should clid avenue line, and that this was in purhave been granted for twenty years or un- suance of the plan by the city to have the til 1896, instead of being limited to ter- grants to the two roads expire at the same minate with the branch, but, at any rate, time. And the claim is that the subsequent the grant is in unambiguous terms, and ordinances must be construed in the same states in so many words the length of time manner and for the purpose of carrying out it is to last. Its importance is not very Its importance is not very the same scheme. There is here undoubtedgreat, and is entirely effaced by the subse- ly some room for the contention of comquent ordinance of 1880, which provided for plainant, but we think, upon looking at all the termination of the whole Garden street the facts in connection with this question, branch at the time specified,-1905. that the intention of the council was not that way. The Garden street branch, running from the intersection of Erie and Prospects streets, towards the east, terminated, at the time of this grant, at Lincoln avenue. This made a long line of road. By the ordinance it was lengthened from Lincoln avenue to Woodland Hills avenue,-a comparatively short extension of track. The right granted to the whole branch line as far east as Lincoln avenue then terminated on the 22d of March, 1905, and yet, by this construction of the ordinance of 1885, this small extension of track from Lincoln avenue to Woodland Hills avenue was to expire September 20, 1904. Why this difference? The ordinance did not assume in any way to alter the time of the termination of the then-existing grant to the rest of the Garden street branch, but it simply limited the time of the termination of the grant for the extension then given. Hence it is difficult to see how any agreement can be found to arise from the ordinance for the simultaneous termination of all the grants to both the main line and the Garden street branch. Nor can any general scheme to have the grants of both roads terminate together be evolved from anything done by the parties up to and including 1885.

By that ordinance (March 22, 1880) the question of the termination of the grant for the whole Garden street branch was distinctly settled. By it the right to extend that branch of its railroad in an easterly direction, on and along Quincy street, was given to the company, and the right "to equip and operate the said extension and its Garden street branch" was given for the period of twenty-five years from the passage of the ordinance, but without increase of fare on any portion. This, of course, placed the termination of the whole grant to the Garden street branch on March 22, 1905. There is no ambiguity as to this grant, and the termination of the grants to the two roads was kept apart, one being September 20, 1904, the other March 22, 1905.

It

There is nothing in Cleveland v. Cleveland Electric R. Co. 201 U. S. 529, 539, 50 L. ed. 854, 858, 26 Sup. Ct. Rep. 513, that covers this case. The language of the or

Much stress is laid by the complainant on the ordinance of the 9th of February, 1885, which was entitled "An Ordinance to Permit the East Cleveland Railroad Company to Extend the Garden Street Branch of Its Railway." The company was thereby authorized to extend the Garden street branch from the intersection of Quincy street and Lincoln avenue in an easterly direction, to Woodland Hills avenue. was to be operated in connection "with said branch and its main line and terminating with the grant for the main line," but with no increase of fare. It is contended that the particular grant mentioned in this ordinance adverted to in that case is to be dinance was to terminate with the grant for the main line, which would make it terminate September 20, 1904, instead of March 22, 1905. If this were the only question, of course, the complainant would not insist that the grant to it should be shortened six months. But it is cited for the purpose of showing an intention of the council to limit the termination of the Garden street branch by the limitation then ex27 S. C.-14.

applied to very different facts from those existing here. We assume the ability of the council to make such a contract as complainant contends for herein, but we think none such was made in fact.

So far as can be determined from this record, there was absolutely no reason for terminating the right to use this small extension of track in September, 1904, while the rest of the branch then existing was not

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