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Show PULLING UP THE STREET CAR TRACKS. ! With ilte proposed paving of uppei Twent -fifth street, the question has I arisen as to whether the street cat company will pave its right of way. A number of the property owners have ! maintained that the traction company i-, financially capable of paing. al-i al-i hough the officials of the compan; I positively assert that the stai-ment is ' not true. To test the matter, the i city commission, in its advertisement I lor bids, has included the street car tracks in the paving district and baa I ordered the company to pave But It is not wholly within the power of tho ity commission to force the compan j i.o comply as. under the law creating j i be state public utilities commission, the commission can be appealed to and, on proper representation, may order or-der the company to pull up its raiH covering the paving district. A case almost similar is reported I irom Montana under date of April 5 I The Montana public service commis- I ?ion waa granted final authority oveT 1 street railways of the state in a deel -ion handed down by the supreme court reversing action of the Iewis I and Clark county district court in re I tusing the city of Helena an lnjunc- i ion against the Helena Light and Rail j way company The street car company had announced its intention of aban-doning aban-doning the Kenwood branch, on tho west side of the city The city asked an injunction on the ground that tho company was violating its franchise The lower court refused to enjoin the company. The city appealed. In Its decision the higher court held that the . public service commission had the j power to decide whether tho street I car company had the right to abandon ti T any of Its lines on account of heavy I -f losses sustained by insufficient busi- Much interest i being taken in thic test case in Dgdt n as ( li..- course (o be pursued by the street railway company will have Its bearing on other im provenient work involving the car tracks and right-of-way in other dls ; tricts in the cny |