Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-07-16
LEGISLATING FOR TIE CITY.
THE CENTRAL STREET RAILWAY COM
PANY TO USE HORSES.
Public Welfare Not to be Subordinated
to Nonsensical Quibbling-The Pro-
posed New School Building.

and Wolf.
In the absence of Auditor Mckee, V. J.
Gregory acted as Clerk
E. 81. Williams, Chief Engineer of the
Water Works, reported that for the week
ending July 14th 36,560,25O gallons of
water had been pumped, the Holly pump
being in operation 141 hours and the
Stevens ITO hours.
Bids for the grading and improving of
Fourteenth street, from E to F, were
opened. There were bat two bidders. and
the contract was awarded to Antonio King.
BACK TO THE OLD QUARTERS.
Trustee Wolf asked whether it was the
sense of the Board that the Police Court
should be held in the old building as usual.
Mayor Gregory thought the building was
safe, and an order was made by the Board
directing Trustee Wolf to proceed to have
the walls repaired and the different Offices
cleaned up so as to make them fit for oc.
cupancy.
NEW GRAMMAR SCHOOL.
M. r. Beard, Superintendent of the Pub
lie Schools. stated that the law required that
before the Board of Education should pur-
chase any site for school it must first have
the consent and approval of the Board of
City Trustees, and he appeared in behalf of
the School Board to ask that the approval
be given. A new school building was alb
solutely necessary, everything was in readi-
ness, and work could proceed as soon as the
Trustees gave their consent
Trustee Mclaughlin thought the Civ
Trustees and the Board of Education might
get together and talk over the matter be-
fore definite action was taken. The other
members of the Board seemed to agree
with MIN, and meeting of the two Boards
was called for o'clock in the afternoon.
WANTS TO USE PLANKs.
Chris Weisel asked permission to repsir
his wooden sidewalk at Fifth and K streets,
and his request was referred to Trustee Nc
Laughlin.
THE CENTRAL CoMPANY's FRANCHISE.
The franchise asked by the Central
Street Railway Company, over which there
has been SO much controversy of late, was
again taken up and read by the Mayor
Grove L.. Johnson, who appeared last
Monday in behalf of those who signed a
petition Directing to the Trustees allowing
the company the privilege of operating
their cars by horsepower, arose and said
ne did not know of anything to say in ad-
dltlon to what he had said at the last meet
ing. No new concessions had been made
oy the company. He took up the first
operating their road. and claimed that
none of the promises made in the ordinance
had been kept. Many things had been
promised OF the electric road-how the
growth OF the city demanded better means
OF transportation than by horses, and how
electricity or cable power was peculiarly
adapted TO the city The Trustees had yir-
tually condemned horsepower for cars in
sacramento, and now they were going to
condemn electricity and cable power and
take up horses again.
In conclusion, Mr.. johnson stated that
he hoped the Board would not grant the
franchise, but let the matter stand and al
low the Central Street Railway Company to
run It's cars until the eighteen months ex-
pred, the limit within which they were
allowed to run their cars by horses.
sol. Runyon, one OF the largest stock
holders In the company, and P. E. Plat
made remarks in favor of the railway
company's petition, and gave many reasons
why it should be granted. Mr.. Platt held
that II the Trustees were looking to the
welfare OF the city they should not hesitate
At all IN supporting enterprises of all kinds.
About $4,000 has been already expended
upon the road, and it was the intention of
the company to lay out almost as much
more inside of a couple of months, He
had travelled through many large cities in
the East, and had not yet seen an electric
road operated with success. The horse
system of the Central Street Railway Com
pany In this city was at present good one.
Trustee Mclaughlin said he had not been
convinced as yet as to whether or not the
electric moor was failure.
j. G. Pierson, Superintendent of the Gas
works, who recently went East to investi-
gate the success of the storage battery, was
present and stated that from hisobseryations.
which were carefully made, he could safely
say that the storage system was a failure
and there was not a road in the United
States operated successfully by this system.
lt was his purpose East to specially in
Vestigste this subject, and he did so
thoroughly.
Trustee Wolf then submitted the follow
ing opinion, which he obtained for the
purpose of satisfying himself in regard as
TO whether the action of the Board would
IN way influence the interest of subscribers
TO the road
SACRAMENTO, July 10, 1899.
henry G. lVoJ. Trustee city Of Sdcrdnento-
DEAR SIR Responding to your question re-
garding the granting Of franchise to the Cen
trail Street Railway Company m lieu of a former
franchise granted 10 Lewis & Alsip, and as to
what effect IL might have upon the subscribers
70 the original franchise, / have this to say:
The Board of Trustees granted to L. L. Lewis
and T. X, Alsip franchise to lay down tracks
right to lay down tracks on certain other
streets was granted 10 the Central Street Rail-
way Company. All these franchises gave the
grantees power 10 operate their road by cable or
electricity. Several persons owning property
along the streets on which it was proposed to
lay tracks, agreed to pay the grantees certain
sums of money when the tracks were com
pleted TO certain points. Alsip & Lewis after
ward conveyed their franchise to the Central
Street Railway Company.
Now, the latter company having succeeded
A tn aatyn
with the franchises granted that company de-
sires the passage of an ordinance to embody ali
former franchises into one general franchise
and TO grant the right to operate the roads with
horses, mules. cable or electricity
First-The Board OF Trustees has the power to
grant such a franchise. The question that
should guide the Board is one solely of public
interest. II the Board is satisfied that the re.
quest is in the public interest and that the
franchise would Il ure to the public welfare il
is suthclent 10 warrant the action of the Board.
Second-The matter OF individual subscrip-
lions has nothing TO do with your action in
granting or refusing this franchise. If these
persons were regular stockholders in the cor
poration. or had a direct interest in the fran
ehlse. there would be a reason and cause for
the Board to not interfere with any contract
that might offset them. But the subscribers are
not IN any sense stockholders, nor interested in
the franchise. and cannot be affected by the
granting or refusing the proposed franchise.
The Board of Trustees is not vested with such
judicial power as to enable it TO determine the
extent and relation of their contract with Lewis
d Alsip or the grantees OF the franchises
As undertand the contracts made between
Lewis & Alsip on the one side and the subscrib-
ers on tae other, the condition was the laying
OF tracks along certain streets TO given point
ana upon the performance of this condition the
subscription became due and payable There
appears no condition for the operating of the
road in any particular manner or by any partic-
u.ar class of motive power Under the contract
the subscribers are not concerned in the man.
ner of operating the road, and their subscrip-
tons do not depend upon the fact that horses
cable or electric motors shall be used
As matter Of legal construction Section /
OF the original franchise TO Lewis & Alsip grants
power TO use horses, mules or other motive
power not ihhibited by the Codes As there
cannot be two franchises granted for the use of
the same tracks, for more than five blocks,
/ would suggest that the propose ordi.
nance--f deemed OF sufficient public i'm
portance to be adopted-should contain a see
ton reciting the fact that all the grantees of
the original franchises appearing and consent.
ing in writing, that all ordinances and paris of
ordinances in conflict with any OF the proyi-
SONS OF the proposed ordinance be repealed
There should be written evidence of record
with the Board of the abandonment by the
grantees OF all conflicting ordinances executed
by the grantees or their assigns. This is neees-
sary, becsuse ell franchises granted partake
OF the nature of contract and cannot be can.
celed at the pleasure OF either party without
me consent OF the other The written consent
is made obligatory by the Civil Code. Very
respectfully, your obedlent servant,
W. A. ANDERSON, Attorney Law.