Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale Railroad

Citations

• 45 Cal. 365

Syllabus

<p>A Franchise.—A franchise obtained by grant from the Legislature has the legal character of an estate or property.</p> <p>Forfeiture.—While a forfeiture at common law does not operate to divesfc the title of the owner until a suit is instituted for that purpose, and the rights of the State are established by judgment, yet it is otherwise when a forfeiture is declared by statute.</p> <p>Forfeiture Declared by Statute.—When a forfeiture is declared by-statute the title to the thing forfeited immediately vests in the State, upon the commission of the offense, or the happening of the event, for which the forfeiture is declared.</p> <p>Forfeiture of Franchise.—If a franchise is granted by the Legislature to construct a street railroad within a certain time, with a condition, that if the provisions of the Act are not complied with the franchise shall be forfeited, a failure to lay the track within the time limited works a forfeiture of the right to lay the same without a judgment at the suit of the State declaring a forfeiture, and the Legislature may confer the franchise upon any other company or person.</p> <p>Grant by City Councils to Lay Street Railroads.—The Act of 1870' (Stats. 1869-70, p. 786), granting to City Councils the power to authorize street railroads to he laid down in streets in a city, does not prohibit such Councils, when there is one railroad track in a street, from granting the right to construct another in the same street.</p> <p>Division of Franchise by Assignment.—If the grantee of a franchise to-construct a street railroad makes an assignment of a portion of his franchise, and the assignee enters into possession, the question whether the grantee can thus divide his franchise is one which concerns the public-alone.</p>