APPENDIX B.

PRINCIPAL OHIO STATUTES GOVERNING STREET RAILWAY

GRANTS, ETC.

S. 2501. No corporation, individual, or individuals shall perform any work in the construction of a street railroad, until application for leave is made to the council in writing, and the council by ordinance shall have granted permission, and prescribed the terms and conditions upon, and the manner in which the road shall be constructed and operated, and the streets and alleys which shall be used and occupied therefor, and the council may renew any such grant at its expiration upon such conditions as may be considered conducive to the public interest.

S. 2502. Nothing mentioned in the next preceding section shall be done; no ordinance or resolution shall be passed, and no action inviting proposals to construct and operate such railroad shall be taken by the council, except upon recommendation of the board of public works in cities having such a board, and of the board of improvements in other municipalities having such a board; and no ordinance for the purpose specified in the said preceding section shall be passed until public notice of the application therefor has been given by the clerk of the corporation in one or more of the daily papers, if there be such, and if not, then in one or more weekly papers published in the corporation, for the period of at least three consecutive weeks; and no such grant as mentioned in said preceding section shall be made, except to the corporation, individual, or individuals, that will agree to carry passengers upon such proposed railroad at the lowest rates of fare', and shall have previously obtained the written consent of a majority of the property holders upon each street, or part thereof, on the line of the proposed street railroad, represented by the feet front of the property abutting on the several streets along which such road is proposed to be constructed; provided, that no grant nor renewal of

1 The phrase "lowest rates of fare" in this section was interpreted by the Supreme Court (29 O. S. 292) as not meaning "the lowest price of commutation tickets in packages."

any grant for the construction or operation of any street railroad, shall be valid for a greater period than twenty-five years from the date of such grant or renewal; and after such grant or renewal of a grant is made, whether by special or general ordinance, the municipal corporation shall not, during the term of such grant or renewal, release the grantee from any obligation or liability imposed by the terms of such grant or renewal of a grant. (Mar. 20, 1884; 81 Ohio Laws, p. 65.)1

S. 2503. Before any street railroad shall be constructed on any street less than thirty-six feet in width, with a roadway of thirty-five feet or under, the council shall provide that the crown of the street shall be made a nearly flat uniform curve, from curb to curb, without dirched gutters, and in such manner as to give all wheeled vehicles the full use of the roadway up to the face of the curb, after the plan of the streets in the cities of Philadelphia and New York. And on any street, whenever the tracks of two street railroads or of a street railroad and a steam railroad cross each other at a convenient grade, the crossings shall be made of crossing-frogs of the most approved pattern and materials, and kept up and in repair at the joint expense of the companies owning said tracks. (Apr. 20, 1881; 78 v. 296).

S. 2504. As amended Apr. 21, 1890. (87 v. 245): The council may require any part or all of the track between the rails of any street railroad, constructed within the corporate limits, to be paved with gravel, bowlders, or the Nicholson or other wooden pavement, as may be deemed proper; but without the corporate limits, paving between the rails with stone, bowlders, or the Nicholson or other wooden or asphaltic pavement shall not be required; provided that in cities of the second grade of the first class (Cleveland) the council may require of any street railroad company to pave and keep in constant repair sixteen feet for a double track or seven feet for a single track, all of which pavement shall be of the same material as the balance of the street is paved with. (66 v. 217, sec. 414).

S. 2505. The council of any city or village may grant permission by ordinance to any corporation, individual, or company owning, or having the right to construct, any street railroad, to extend their track, subject to the provisions of sections 3437, 3438, 3439, 3440, 3441, 3442, and 3433, on any street or streets where the council may deem such

1 This section was amended Apr. 24, 1892, (88 v. 389) to permit grant for fifty years in cities of the second grade of the second class, which does not affect Cleveland.

extensions beneficial to the public; and when any such extension is made, the charge for carrying passengers on any street railroad so extended, and its connections made with any other road or roads, by consolidation under existing laws, shall not be increased by reason of such extension or consolidation. (Mar. 9, 1880; 77 v. 43).

S. 2505a. Any corporation or company organized for street railway purposes may lease or purchase any street railroad or street railroads, or railroad operated as a street railroad, by electric, cable, or other rapid transit motive power, or incline plane railroad or railroads, together with all the property, real, personal and mixed, and all the franchises, rights and privileges respecting the use and operation of such railroad or railroads situated or existing in whole or in part within this state, constructed and held by any other corporation or company, corporations or companies, the latter being hereby vested with power to let or sell upon such terms and conditions as may be agreed upon between the corporations or companies; and any two or more of such corporations or companies may enter into any arrangements for their common benefit consistent with and calculated to promote the business for which they were created. No such lease or purchase shall be effected until a meeting of the stockholders of each of the companies has been called for that purpose by the directors thereof, on thirty (30) days notice to each stockholder, at such time and place and in such manner as is provided for usual meetings of the companies, and holders of at least two-thirds of the stock of each company, in person or by proxy at such meeting, or any properly adjourned meeting, assent thereto. Provided, that any stockholder who refuses to assent to such lease or sale, and signifies the same in writing to the lessee or purchaser within ninety days thereafter, shall be entitled to demand and receive compensation in the manner provided for the compensation of stockholders in sections 3302, 3303, and 3304 of the revised statutes; and the said sections are adopted and made to be part of this section. And any such corporation or company may purchase and own all or any part of the capital stock of any such corporation or company in this or adjoining states, whose lines or authorized lines or road intersect or connect with the route or lines of the corporation or company, making such purchases. (Apr. 22, 1896).

S. 2505b Whenever the lines or authorized lines of road of any street railroad coporation or companies meet or intersect, or whenever

any such line of any street railroad corporation or company and that of any inclined plane railway or railroad company or corporation or any railroad operated by electricity or other means of rapid transit, may be conveniently connected, to be operated to mutual advantage, such corporations or companies or any two or more of them, are hereby authorized to consolidate themselves into a single corporation; or whenever any line of road of any street railroad company or corporation organized in this state is made, or is in process of construction to the boundary line of the state, or to any point either within or without the state, such corporation or company may consolidate its capital stock with the capital stock of any corporation or company, or corporations or companies, in an adjoining state, the line or lines of whose roads have been met, or are in process of construction to the same point or points, in the same manner and with the same effect as provided for the consolidation of railroad companies in sections 3381 to 3392 inclusive of the Revised Statutes, and any and all acts amendatory and supplementary to said sections, and each of them; and the said sections including those so amended and supplementary are adopted and made part of this section. (Apr. 22, 1896).

S. 2505d. Whenever it is proposed to bring any two or more lines of road within the control or ownership of one corporation or company under and in pursuance of either section 2505a, or 2505h, which roads are held and operated under grants providing different terms and conditions, it shall be competent for the board of administration in any city of the first grade of the first class (Cincinnati) and for the council or other legislative body of any other municipal corporation to agree with the corporation or company so acquiring control or ownership that such terms and conditions shall be and remain unchanged as they are in each of the grants under which said several lines of road are operated, on condition that said railroad company or companies shall provide or extend a system for transferring passengers from line to line going in the same general direction, and such other transfers as shall be satisfactory to said board of administration or council, or other legislative body; and provided, further, that no fare for children will be charged upon any of said routes in excess of the minimum fare for children over either of such separate routes prior to such consolidation or purchase; and provided further that for a continuous ride in the same general direction over the lines of such consolidated company, within any municipal corporation, no fare greater than five cents