As ko the contentions (a) (b) (c) and (d) subra it seems to me that means of obeying the traffic regulation and do not go to the root.of the matter, which is when ther the Council have a legal right to enforce the traffic regulation. It may entail hardships and difficulties on the company, but that is a matter for settlement between it and the Council.
As to (e) I amr not prepared to go so far as Mr. Macleod and hold that "traffic" necessarily means public safety.
It remains to deal with (f) which is the crux of the whole case and on the determination of which I must base my judgment.
I have been referred to four clauses of the Tramway Concession by the counsel engaged in the case, viz. Nos. 26, 29, 41 and No, 26 nothing in this agrecment shall limit rhe power of the Council to regulate the traffic upon any road traversed."
Ng. 29 "subject to the provisions of this agreement the Council may from time make rules for regulating the working of the tramway as well as for the folloWing purposes.. (c), "and generally for the safety of the public in all cases in which it shal] appear to the Council that such safety is likely to be cndangered."
No. 41. 'Nothing in this agreement shall abridge the Council's rights and powers under the Land -Regulations and by-laws.... or shall absolve the Company from any penalty incurred thereunder.' No, 42. Arbitrarion clause.
Now on the face of it and more particularly with reference to the words of clauses 26, 29 and 41, it would appear clear that the power of making regulations was not taken away from the Council by the concession. The argument for the company presented attempts to establish the contention that these clauses are genera] and cannot interfere with the contract tual rights of the parties, and that clause 42 provides for a method of determining any difference that may arise between the parties. a There is a sub-clause in clause 29, to which I: was not referred to by the counsel and which to my. mind is most material, viz. (d), "for regulating -the means of entrance to, exit from, and the accommodation in the cars."
Text read from the printed page and cleaned; old type leaves the occasional error.