Bartram v. Central Turnpike Co.

Citations

• 25 Cal. 283

Syllabus

<p>Act Authorizing El Dorado and Sacramento Counties to Build a Road. — There is nothing contained in the Act of 1857, submitting to the people of Sacramento and El Dorado Counties a proposition to appropriate money for the construction of a wagon road from Sacramento County, through El Dorado County, to Carson Valley, or in the Acts amendatory thereof, which gives to the two counties, or either of them, the exclusive right to construct or maintain a road along the intended route; nor does the Act of 1862, authorizing the Board of Supervisors of El Dorado County to lease said road, grant to El Dorado County or the lessee such exclusive right.</p> <p>Legislative Grants.—Public grants are to be strictly construed, and nothing passes to the grantee by implication..</p> <p>Grant of Franchise.—The grant of a franchise is not exclusive, unless it is expressly made so by the grant itself. •</p> <p>Right to Make Roads.—The State does not possess the exclusive authority to construct a road over the public domain, or over any land within the State; but any person who can procure from the landholder a right of way, may construct and maintain a road.</p> <p>Collection of Tolls on Roads.—The right to collect tolls on a road when constructed is a franchise, and cannot be exercised except it be granted by the Legislature, or some branch of the Government vested by the Legislature with the power to grant the franchise.</p> <p>Same.—The grant of a franchise to collect tolls on a particular road does not, by implication, prohibit the construction of roads parallel to the one vested with the franchise.</p>