Los Angeles daily herald., 1889-07-23

resolution, which was adopted, ana tne
Clerk was instructed to send copy to
the Secretary of the company:
WHEREAS, on the Sd day of January, 1889 an
ordinance was passed by the Mayor and Council
OF this city, granting to corporation known ss
the Los Angeles, Utah and Atlantic Railroad
Company, upon certain terms and CONDITIONS
therein specified, right of way for the con.
struction of a railroad along the east bank OF
the Los Angeles river, and also several pieces
of land, amounting, in the aggregate. to ABOUT
| WHEREAS, The granting of said lands and
right of way was of most generous and llberal
character and was made in view OF the TACT
| that the people realized the importance OF more
direct railroad communication between this
| section and Utah. thereby causing gre ater raj
| road competition and affording opportunity Tor
! obtaining cheaper fuel; and,
WHEREAS, More than half the time provided
| in said ordinance for the construction OF said
| levee has elapsed and nothing has been done
| toward the construction thereof, and 1t Is
| doubtful whether it can now be constructed
within the time limited by said ordinance;
| and, -
| profuse in its promises and boasts about push
| ing the work on said levee and railroad, and
has procured rights -of-way from number OF
| persons on the east bank of the river, pledging
/ itself to commence work Immediately and
prosecute the same diligently, to com pletion,
| but has failed TO do so, and has forfeited the
| rights of way so procured; and,
| WHEREAS, The eastern connections OF said
| corporation have SO lar failed to materialize,
and other companies are on the LOOKOUT for an
| entrance into this city, and the above men
toned corporation is now standing in the way
as stumbling block; and. d...
! WHEREAS. The section in said ordinance pur-
/ porting and intending to convey the idea that
| said franchise was not an exclusive privilege
granted to said corporation. but that other
roads might participate in the same, when In
| reality the same is so worded as to give prac-
| tically an exclusive franchise to said corpora
| tion (provided, of course, said company was
du incorporated for railroad purposesl ano,
ha oh n prQntP1
Los Angeles, Utah and Atlantic Railroad Com
| pany is the only practicable railroad route now
left inIo the city, and the same was granted
| upon the representations of said company tn at
| it was in fact O. railroad corporation, author
| lied and empowered under the laws OF the
State of California to transact railroad busi-
| ness, when, in tact. several prominent sttor'
| neys of this city have expressed their opinion
| that said corporation was not wnat Il ciaimed
to be, railroad corporation, and had no
| authority under the laws of this State to trans
| act railroad business; and,
| WHEREAS it is the general talk of this COM
muIity that said corporation was not formed
| for the purpose of building a railroad from
| here to Utah, as was claimed, but purely for
purposes Of speculation; now, therefore. oe 1t
Resolged, That said corporation be requested zee
above franchise and city lands, and that in SO
| doing 1t be requested to be very explicit upon
the following points: First-Was 10 per cent
| of the subscribed capital er paid in, and, If
so when, where, to whom, and what was the
amount? Was it in cash or otherwise? Second
Does said corporation take the position that its
articles of incorporation contain any state
ment to the effect that 10 per cent. or any
| other amount of the subscribed capital stock
was paid in? Third-Does said corporation
| claim to be valid railroad corporation author
| lied to transact business under the laws of the
| State OF California? If 20. does it propose to
complete the leyee within the prescribed time
of one year. or, in case of failure to do so. does
it Omit that il will forfeit all its interest in
| the right of way and lands granted by the city?
Fourth-Will it claim that Section IL of the
| I'D r.
| pose of conveying the idea to the general pub
| lie that the franchise granted was not
| does not practically grant an exclusive fran
chise to said corporation (supposing, of course,
| that the articles of Incorporation are valid for
railroad p1rposes), FiitnhDoes ssld corpoGsa, pG-
| obligation by the terms of said ordinance or
otherwise, to build any road whstever east OF
| the city of Los Angeles? sixth-Was not said
ordinance drawn by counsel for said corpora
ton? Be it further
RESOLVED, that by the passage of these reso
lu'ions the Council does not wish to throw any
obstacle in the way of said corporation in the
| building of said railroad, but on the contrary,
is perfectly willing that said corporation
scfibed in ssid ordinance and is furthermore e
ready and willing to come to the aid of said
corporation by the passage of any further ordi'
nance In favor OF the same or any other corpor.
alton they may wish, in order to remove any
doubts OF difficulties caused by any owe sight.
and to remove q questions arising upon legal
alton will give satisfactory guarantees that a
railroad shall be built wing direct communi-
cstion between thir city and Salt Lake, a. the
douee Ue at the time Of the passage Of said OF di,
nance.
The Land Committee reported upon
several petitions, which report was
adopted.
The matter of removing weeds from
the zanias was referred to the Zanjero.
Ordinances ordering certain work to be
done on Also street, College street, AL
varado street, CASTELAR, street, Orange
street, Myrtle avenue and Maple avenue
were read and adopted.
The matter of the right of way for the
outfall sewer came up and President
Frankenfeld said that the right of way
had been obtained over all private land
between here and Ballona. A contract
had been made with A. Rose whereby
the right Of way was given over two
miles of property in consideration OF fifty
inches of sewage
Mr.. Brown said that Col Hewitt, of
the Southern Pacific Railroad Company,
had told him that the right of way along
the railroad was all right and that word
regarding the same would probably be
received in few days.
| City Attorney Mcfarland reported that
there would be no trouble. He had been
assured by the railroad authorities that
as soon as a meeting of directors could
be got together the right of way would
be given.
Bids were received for grading Orange
street, for grading Ottawa street and for
sewering Bernard street, and referred to
| the proper committees.
The City Attorney presented the agree
ment with A. Rose for the right of way
for the outfall sewer. The contract was
unanimously approved and the clerk in
structed to sign in behalf of the city.
The resolutions adopted by the Demo-
cratic City Central Committee, and pub
lished in yesterdays HERALD, we're read.
Mr.. Hamilton moved that the commu-
nication be received and placed on file.
Major Bonsall said that this brought up
the everlasting police question again.
He thought that it would be we'll to have
representatives of both parties name the
men to serve on the Police Commission.
He had talked with one OF the Commis'
sioners who did not feel like resigniDg,
but who would be rather pleased to be
removed. AS for himself, he did not feel
like removing only one of the Commits
sioners.
Mr.. Hamilton said that he did not
think that the recommendation came
from the Democratic party. The Council