Capdevielle v. New Orleans & S. F. R.

Citations

• 110 La. 904
• 34 So. 868
• 1903 La. LEXIS 725

Syllabus

<p>RAILROADS — MUNICIPAL ORDINANCES — USE OF' DESIGNATED TRACKS — APPOINTMENT OF ARBITRATORS — RIGHTS TRANSFERRED BY CITY — SALE OF PRIVILEGE — BUILDING BRIDGES.</p> <p>1. The municipality of the city of New Orleans had authority, through the action of the-city council, to adopt an ordinance granting the right of use to the defendant corporation of designated tracks, and to provide for permitting -other railways to come on these tracks,, on the same terms (without discrimination) as those granted to defendant.</p> <p>2. The grant is not obnoxious to law, on the-ground that it is prejudicially perpetual, for the municipality has it in its power to require obedience to stipulations made in public in-</p> <p>3. The clause looking to the appointment of arbitrators toward settling differences which-may arise is not damaging to any of the substantial rights of the municipality.</p> <p>4. The arbitrators are given the authority to-settle disagreements in matter of details in the-management in which the municipality can have no great concern, except to the extent that gi’antees may undertake to act in contravention of the city’s interest.</p> <p>5. The city has a right which cannot be denied in organizing the board, and also has the right to be heard before the courts in regard to-the least detail of the management, if affording ground for complaint.</p> <p>6. The city has not parted with her police powei\\</p> <p>7. The citj' transferred only such rights as it had the right to transfer, and is not bound to transfer any other right.</p> <p>8. Although property has been dedicated to public use, the city may make reasonable changes in the matter of the dedication.</p> <p>- 9. Railway stations are as - necessary to a railway as railway tracks, and can be located on public property.</p> <p>10. It would be useless to advertise a railway grant of use for sale to interstate roads. There would be one bidder, and for that reason the municipality, under certain conditions and restric