Logan County. this act requires the consent of the council or corporate authorities of the city, town or village wherein such railroad is to be constructed before such road is constructed or commenced, and said company may agree as to terms and conditions upon which the streets are used and the road operated. Cities of 80,000 population are excepted from the operation of the act. Section 7 provides that street railways may be located and constructed in part within, and in part without, the limits of any city, town or village, and any railroad constructed within the limits of any city, town or village, may be extended without the limits thereof. Provided, that before so extended, the company, or public officer or public authorities owning or having charge of any road, street, avenue, public way or grounds without such limits shall agree upon the terms and conditions upon which the same shall be occupied or used. March 27, 1866 (63 O. L. 55), an act supplementary to the foregoing was passed by Sec. 6 of which Secs. 15 and 16 of the act of 1860 and Sec. 5 of the act of 1861 were expressly repealed. This act relates only to the construction of street railways within municipalities. Section 1 requires consent of the council. Section 2 requires the council to prescribe terms and conditions of use, public notice of intent to make the grant, and that no such grant shall be made except to the individual, company or corporation that will agree to carry at the lowest rates of fare. Section 3 requires the consents, in writing, of a majority of the owners of abutting lots, to be filed with the council and the council shall so declare, by resolution or ordinance, before the road is constructed, unless, by Sec. 4, by proper proceedings, the damages of the persons not consenting and waiving damages, are determined, and the rights of such persons acquired in and by appropriation proceedings. Section 5 regulates the procedure. April 10, 1867 (64 O. L. 122), Sec. 7 of the act of April 10, 1861, was amended and the original section repealed. The extent of the amendment is not here material. April 28, 1868 (65 O. L. 112), Sec. 3 of the act of March 27, 1866, was amended so as to require the filing of written consents by a majority in interest, as a condition to granting the franchise. May 7, 1869 (66 O. L. 149), the municipal code was passed. Sections 411 to 414 of this code regulate street railroads. These sections, in order, provide that upon written application by a company, the council may grant permission to construct such railway and prescribe terms and conditions upon which, and the manner in which the same shall be operated; that no such ordinance shall be passed until notice of the application has been given, and no such grant shall be given except to Railway Co. v. Railway Co. the company, etc., that will agree to carry at lowest rates of fare. The remaining sections relate to the grade of the streets and paving between the rails. Sections 1 and 2 of the act of March 27, 1866, were repealed by this code. On the same day that the municipal code was passed, and Secs. 1 and 2 of said act repealed, there was passed another act (66 O. L. 140) as follows: "It shall be lawful for the council of any city or incorporated village to grant permission by ordinance to any person or company, owning or having the right to construct any street railroad, to extend their tracks, subject to the provisions of Secs. 4 and 5 of said act passed March 27, 1866, on any street or streets where the said council shall deem such extension beneficial to the public. And when any such extension shall be made, the charge for carrying passengers on any street railroad so extended, and its connections made with any other road or roads, by consolidation under existing laws, shall not be increased by reason of such extension or consolidation; said sum shall include the government tax." February 19, 1870 (67 O. L. 10), the act of April 10, 1867, amending Sec. 7 of the act of April 10, 1861, was amended in part as follows: "Street or horse railroads may be located and constructed, part within, part without, or wholly without the limits of any city, town or village; and any such road heretofore or hereafter constructed within, or part within, or wholly without the limits of any city, town or village, * * may be so constructed or extended along or upon the national road, or any other road, street, avenue, turnpike, public way or ground, in accordance with the provisions of an act entitled 'an act to provide for and regulate street railroad companies,' passed April 10, 1861; provided, that, before such construction or extension, the company, public officer or public authorities, owning or having charge of any such road, * shall agree with such railroad company upon the manner, terms and conditions upon which the same shall be occupied or used," and in case the national road is used the board of public works of the state shall so agree. In this state of the law the Revised Statutes were passed as a single act. Sections 411, 412, 413 and 414 of the municipal code with some amendments became Secs. 2501, 2502, 2503 and 2504 Rev. Stat. The act, 65 O. L. 112, was amended to read as follows: "No such grant shall be made until there is produced to council, or the commissioners, as the case may be, the written consents of the owners of more than one-half of the feet front of the lots and lands abutting on the street or public way along which it is proposed to construct such railway or extension thereof; and the provision of Secs. Logan County. 2501 and 2503 to 2505 Rev. Stat., inclusive, so far as they are applicable, shall be observed in all respects, whether the railway proposed is an extension of an old or the granting of a new route." This amendment became Sec. 3439 Rev. Stat. March 9, 1880, Sec. 2505 Rev. Stat. was amended so as to make the extension therein provided for, subject to Secs. 3437 to 3443 Rev. Stat., inclusive, instead of subject to Secs. 4 and 5 of the act of March 27, 1866, as theretofore therein provided. It will be noted that now Sec. 2505 Rev. Stat. makes extensions within municipalities subject to Sec. 3439 Rev. Stat., et seq., and Sec. 3439 Rev. Stat. is subject to Sec. 2505 Rev. Stat. et seq., whenver the same shall be applicable. It is very evident that Secs. 2501 to 2505 Rev. Stat., inclusive, standing alone, relate to street railway lines located and extended wholly within municipalities, while Sec. 3437 Rev. Stat. et seq., relate to all lines and extensions wherever located. In case of conflict as to city lines or extensions, the more general provisions of Sec. 3437 Rev. Stat. et seq. must yield to the more specific provisions of Secs. 2501 Rev. Stat. et seq. Section 2505 Rev. Stat. relates expressly and exclusively to extensions within a city of original city lines. It is evident as this section was first enacted and as the same was first carried into the Revised Statutes of 1880, no notice was required to be given of an application for an extension. The act being made expressly subject to Secs. 4 and 5 of the act of May 27, 1866, it will not be presumed that it was subject to other sections of the same act not specified. Nor will the fact that it was placed by the codifiers after Secs. 2501 to 2504 Rev. Stat., have the effect to alter its construction or meaning. Allen v. Russell, 39 Ohio St. 336, 337; State v. Darke Co. (Aud.) 43 Ohio St. 311, 315 [1 N. E. Rep. 209]; State v. Stockley, 45 Ohio St. 304, 308, 309 [13 N. E. Rep. 279]. When Sec. 2505 Rev. Stat. was last amended, if it was desired to make the same subject to Sec. 2502 Rev. Stat. as to notice, the arrangement of the sections would certainly have suggested a direct reference to Sec. 2502 Rev. Stat. in terms. Instead of this, the operation of the section is expressly made subject as stated to Sec. 3439 Rev. Stat. et seq., and Sec. 3439 Rev. Stat. requires that the provisions of Sec. 2502, as well as Sec. 2505 Rev. Stat., shall be observed in extensions or new routes granted. Since Sec. 3439 Rev. Stat refers to new routes, and Secs. 2501 to 2504 Rev. Stat. relate to new routes, and the same section (Sec. 3439 Rev. Stat.) refers to extensions, and Sec. 2505 Rev. Stat. relates to extensions, it would seem that the fair rendering of Sec. 3439 Rev. Stat., Railway Co. v. Railway Co. upon the point now under consideration, is the same as though the concluding clause were, " and the provisions of Secs. 2501 to 2504 Rev. Stat., inclusive, in the granting of a new route, and Sec. 2505 in granting an extension, so far as said sections are applicable shall be observed in all respects." The history of the legislation, as well as the language of Sec. 3438 Rev. Stat., shows that an extension from without into or through a municipality is, as to the part of the line within the municipality, a new route. At the very most it cannot be contended that Sec. 3439 Rv. Stat. requires the observance of Sec. 2502 Rev. Stat. et seq. only when the same are applicable. They are not applicable in all cases covered by Sec. 3439 Rev. Stat., to wit, a line constructed wholly without a municipality or an extension of such line not into or through a municipality. In such cases municipal officers would have no duty in the premises and the sections only enjoin duties upon such officers. In still other cases of extensions the provisions of Sec. 2502 Rev. Stat. should be held to apply only if the case is within the reason of each section. Section 2505 Rev. Stat. relates only to extensions and these may be granted. An extension can only be predicated of an existing line or a present right to construct a line-a person to apply for an extension must be the owner of a line or have a present right to construct a line. The statute does not make the right to grant an extension depend upon the fact that there are two or more owners of existing lines or of two or more present rights to construct lines in the municipality. The notice required by Sec. 2502 Rev. Stat. is a means to secure reduced fares by competitive bidding. To bidding there must be at least two qualified bidders. In the case at bar there is neither pleading or proof that when the ordinance of October 21, 1902, was passed, there was any person, persons or corporation other than defendant that could make application for the Columbus avenue extension or could receive a grant of it as an extension. Again, if there were two or more such corporations or persons, their lines existing or proposed would not be identical. By Sec. 2505 Rev. Stat. a trip for a single fare over the original line and over the extension is contemplated. If notice were given and bids received each company would bid for a trip over its own line, plus the extension proposed. Since each original line would be different, the bidders would submit their proposal not with reference to the same but a different service. In such case it would be impossible to determine whose bid was "the lowest." But Sec. 2505 Rev. Stat. does not omit reference to fare, nor omit a means by which the charge is to be fixed. It has an express provision upon the subject. 13 O. C. C. Vol. 26 Logan County. "The charge for carrying passengers on any street railway so extended * * * shall not be increased by reason of such extension." In the absence of all regulation such company could exact a reasonable fare. The function of legislation is to limit. When regulation is attempted, and a specified charge prohibited, or a limit fixed, any charge within the limit or not prohibited may be exacted. Hence, the provision quoted, that the rate of fare fixed for the original line, shall not be increased upon the line as extended, is by construction tantamount to a provision that the former charge need not be reduced by reason of the extension. Terms implied from the express terms of a statute are as much a part of the statute as the express terms themselves. By the terms express and implied of Sec. 2505 Rev. Stat., the rate of fare is fixed for the extended line. And for this as well as the other reasons heretofore stated, it results that to give notice of the application for an extension in the case at bar, would be a vain thing. The observance of Sec. 2502 Rev. Stat. as to notice is then not required by Sec. 3439 Rev. Stat. in the case at bar, because it is not in any degree applicable. If the extension were from an original line wholly without the municipality, into or through the municipality, such extension would be as to such municipality, an original line or new route, and in such case Sec. 2502 Rev. Stat. and the other sections would apply. But that is not this case. 91 O. L. 285, Sec. 6. IV. As to the right to construct branches: Defendant's charter constitutes it an interurban electric railway. "An interurban electric railroad is classed as a street railroad by the statutes of this state." Cincinnati, L. & A. Elec. St. Ry. Co. v. Lohe, 68 Ohio St. 101. "Suburban and interurban railroads, * having been classified by the legislature of the state of Ohio with street railroads, are governed by the laws relating to street railroads." Cincinnati & H. Elec. St. Ry. Co. v. Railway Co. 12 Circ. Dec. 113 (21 R. 391). A street railroad company may construct an extension of its lines even beyond the termini specified in its charter. Sims v. Railway Co. 37 Ohio St. 556. Hence defendant, after securing the right to do so, as required by law, from the proper local authorities, can construct extensions, and there may very well be, and most generally are, branches from its main line. V. The danger of these proposed grade crossings as a ground of equitable relief. This ground for an injunction as set out in plaintiff's pleadings in |