Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-07
THE CITY RAILROAD WAR.
Dead Lock Between the Trustees
and Railway Company.
ALL CARS WITHDRAWN FROM TIE ROAD.
Terms Upon Which the o Street Road
was Built-The Citizens Propose to
Compel the Company to Comply
with the Terms of their Contract.

The interest and excitement in reference to
the pending contest between the Board of
City Trustees and the people upon one side,
and the City Railway Company on the other
was not in the least abated yesterday, but as
sumed more determined form of compuls:on
and resistance between the parties.
The railway company have not run any
cars since Monday evening upon either the
II, or o street lines, and apparently have
adopted this course as a measure of retaliation
for the unanimous sentiment of the people
against the high handed procedure of the
company. While this course may tend to
the inconvenience of some who would patron
ize the cars if running it certainly will win
no friends nor sympathy for the company, nor
for the position it has assumed.
Yesterday morning the railway company.
| accompanied by Greed Raymond as its coun
sci, called upon the Board of Trustees with
view to effecting compromise, but the Board
| of Trustees refused to grant any concessions.
| Upon a statement of the matter by the
Board Mr.. Pritchards counsel advised him
to pay the required assessment for the
Second street Improvement, and parties
/ present offered to loan him the amount neces-
| sary to do so. He declined however, to
yield from his position, but it was under
stood last evening that the money would be
paid this morning The amount due is about
| 81, 900, upon the payment of which, together
/ with making some slight repairs along the
track on Second street, all difference between
the company and Board, as to that portion
Of the line, will be settled, and the running
OF cars as usual probably resumed.
6 l.. Il. 49,
| gard to the Second street portion of the con-
troversy, the Board would undoubtedly with
draw its requirement upon the company to
make repairs along its former track on Front
street. This, however, has no connection
with the matter Of the attempted abandon
ment and removal of the o street line be-
tween Tenth, Third and X streets.
The feeling of the citizens in regard
| to this outrage" as it is commonly
styled, only increases by the discussion in re.
gard to it, and the controversy has become
formulated into action on the part of the
leading business men and property owners of
the city, looking to such process as shall com
| pei the railway company to specific perform
ance of the contract under which the COM
pany obtained from the property owners
along the route the money to build the 0
! street line.
1t is stated by the leading subscribers to
this fund that in 1875, when the project of
building line out o street had been much
talked of by the owners of the II street rail
way and nearly abandoned, the convenience
that such a road would be to the residents
along its proposed route induced the property
owners along o and Third streets and thereto
ad jacent to subscribe the necessary amount
to secure the building of the road.
AS an instance, Mrs. EI B. Croker
subscribed and paid 81, 900 to secure the con-
venience of having the street cars run imme-
diately past her door to the central and
business portion of the town. Many others,
with the same purpose in view, subscribed in
various sums of 81, 600 and under, and paid
their full subscription, with which money the
o street line vas built. With a view
to securing the people along the
line against any possible contin-
gency in the future which might
deprive the subscribers from the full benefit
of local street railway, most carefully
! drawn contract was prepared and made a
| condition of the subscription, binding the
| company to construct maintain and operate
The entire length of thel line, from K street
to . on Third, and thence on o to Twen
tieth. and even specified that a trips should
be made per day over the entire length of the
line, or failing TO do so to pay back the sub
scription. Upon application to I. j. Clunie,
who was subsequently attorney for the rail
road company, the original contract was
found in his possession, and which is as fol-
lows:
This agreement, made and entered into this 18th
day of April, in the year 1875 by and between the
Sacramento City Railway Company a corporation
formed and doing business in the city of Sacramento
in the State of California party OF the first part, and
the undersigned persons, whose names are hereto
subscribed, parties Of the second part, witnesseth
That whereas the party OF the first part has pro-
posed to build street railway, and to operate the
same, over the route and manner hereinafter spec
ifed whenever $50 shares of stock shall have been
subscribed by persons interested in having sa road
built and operated
And, whereas, we, the said parties of the second
part DESTROYS Of having said road built and op
Grated;
Now, therefore, we do agree, that, in considera-
ton of tine agreement, and in fu.fllment of the
ditions hereinafter named, we will pay to said
corporation, party of the first part, the sum set OPP
posite respective signatures at the time herein
after specified, to wit
We will pay said sums in gold coin, or in real es-
in said city, at its actual cash value on demand
as follows: Ten per cent. upon commencement OF
the work. and the balance as soon as said corpora
ton shall have built, and placed in good running
ORDER street railway with all necessary turn-outs,
as follows: Said railway shall commence at X and
Third streets, in said ty of Sacramento; it shall
run thence on Third to o, thence on o to Twentieth
| street, thence on Twentieth to street.
The said corporation agrees that, as soon as the
of 5000 is subscribed to this agreement by
responsible persons it will proceed TO construct
street railway and aeng the street as hereinbe
fore designated, with necessary turn-outs, and VIII
| stock the same in good running order; and that
when any of the subscribers shall have paid their
subscriptions hereto, SAID corporation will deliver to
him in paid up stock of said corporation an amount
| equivalent to such subscription.
| And said corporation agrees that 1t Will operate
and maintain said railway when constructed, and
will place good and comfortable cars thereon, and
will make not less than twenty four trips per day
| over the entire length Of said road.
And if said corporation shall fail to Keep up and
operate said road or to make said twenty trips
! per day over the whole length thereof, unle pre-
vented by accident in making repairs TO the read
bed or other cause beyond its CONTROL it will, on
| demand, pay to each subscriber the amount paid by
him. on his offering 10 surrender the stock delivered
TO him by said corporation in pursuance OF this
| agreement.
! In witness whereof, the parties hereto have here
unto subscribed their names. the party OF the first
part. by authority of its Board OF Directors.
Dated this 18th day Of April, A. d 1875.
| SACRAMENTO CITY RAILWAY COMPANY.
! lSEAL.l By n. l.. DREW, President.
N n. DENTON, Secretary.
J. W. Richmond, 10 shares, 81, 900; J. F. Rich
ardson 10 shares, 81 600 ~ NJ. Odell, shares,
| $500; Robert Millen, 8 shares. $500 Robert Will
/ iamson 3 shares, $780, W. E. Chamberlain. shares,
| $500 Frederick Cox, 10 shares, ST. 90; George f.
Bronner 8 shares $500; Thos. J. Clunie - shares,
| 81 200; John H. Saven, share 500: s. C. Den
SON. 8 shares $500; Mrs. L. B. Croker, 20 shares,
! g. 000 Albert Gallatin, 10 shares, $1,000; c. II.
Cummings shares, $500 j. NJ Mattison, shares,
| $500; Lyon Barnes, shares, $500; W. Z. Terry,
10 shares 81 900; G. W. Case shares, $500 Root,
Nelson & Co. . shares, $500 Drscoll & Nelson, /
share, 500; Fountain Bros, 3 shares $500; Mrs.
Mary n. Seudder (per Deuel., shares, $500; w. F.
Frazer 3 shares, $500; II. Winters, shares, $780,
| N V. Hatch, share, 500; /. T. Pike, shares,
| s2C0; George w. Young, share, $780, Thomas }.
! Ballou, | share, $780, W. D. Goodel share, 500;
/ X. Frey. SHARE 500; A. Johnson share, 81 O
John II. Wilson, STARE, 800; L. Phillips, share
| 500; A. Hart, / share, s 90; r. Levy, / share
| 800: ]. T. Ray, l share, 500; A. T Nelson,
| share 800 Robert Gardner, share, $780, r. H.
Petit share, 500; z. L. Hickman share, 500;
Stephen Smith, shares, $500; w. r. S. Foye,
share, 500; Joseph Baily, share, $780, Johl Bell
| mer { Co, shares, $500; John P. Gilman, share
500; Jacob Mouaet, share. 500; $. L. Richards
! ! share 500: Geo o. Bates, shares $500; J. c.
| Ledlie, share, 500; r. W. Lewis, share, 500;
5. J. s. J. NJ Jackson, share, 500; r E. Gogings,
shares, 500 Mrs E. f. Briggs, share, 500; A
| Brewer share, $le0; 2 A. Miller, share, 500;
Philip Herzog, share 500 John C. 1ng, shares,
$500 Mm. Gutenberger shares, 500; John
| hatcher ! share, 500; A G.. Van Tine share,
500; J. F. W. Maier. shares, $500; J. II. Sui
livsn SHARE 500; f. L. Mott. Jr., share, 500;
] S. W Butler shares S2o0 A. Hebron Bros,
| shares, $500; Hamton Whittlke- share, $40;
NJ F. Odell share, Slo0; John ID. Breckenf,ld,
| share, $780, Adams, Mcneil & Co., share, sloo
This plainly shows the ground upon which
these subscriptions were made, and in view
OF which efforts are now being put forth to
compel the railroad company to relay its
track over the abandoned portion between
Tenth and Third and Third and K streets,
| IN % ha ,ptira lprofh M