Los Angeles daily herald., 1889-09-24
THE COUNCIL.
The Cahuenga Railroad
Franchise Vetoed.
Nh. McLAUGHLIN's STATEMENT
A Large Number of Offers OF Lots
for Sites for Public School
Buildings.

lOI 6ltOO Iva u0AAO oS~~O~>
Buildings.
The City Council met yesterday morn
ing, President Frankenfeld in the chair.
and Messrs. Wirsching. McLain, Van
Dusen, Hamilton, Brown, Shafer, Bon
sail and Summerland present.
The City Auditor presented his report
as to the condition of the funds. Re-
ferred to the Finance Committee.
The Street Superintendent requested
permission to construct sidewalks on Los
Angeles street and Arcadia street, at the
expense of the property owners.
Granted.
The City Clerk suggested that bulle-
tin board be placed in the lower hall of
the new City Hall. Referred to the
Building Committee with poser to act.
Police G Commissioner Knox asked for a
3O.dsy leave of absence. Granted.
The Police Commission requested the
privilege of employing such special off,
GERS as it deemed fit.
Mr.. Wirsching moved that the petit
ton be denied.
Mr.. Shafer said that the present force
of ninety men was large enough, and
that unless the force was reduced there
would be no need for specials.
Major Bonsall moved that the matter
be referred to the Retrenchment Com
mittee. Carried.
The Police Commission requested that
plans be drawn for the remodeling OF
the old City Hall, and that the work be
done as soon as possible. Referred to
the Building Committee.
The report of the Board OF Public
Works, as published in the HERALD,
was read and adopted.
Ordinances of intention to establish
the grades of Chicago street, Louisiana
avenue and Lunt street were read and
adopted.
Mayors Clerk Robinson appeared and
read the following message:
In returning an ordinance entitled IAN Ordi
nance granting to the Cahuenga Valley Rail
road Company its successors and assigns the
right to lay single line of railroad track, with
the necessary turn;outs ana switches, over and
at the intersection of said street with the west
boundary of the city of Los Angeles easterly tt
DO1nC between NJ artZ anu burlZ SLreeUSs CQeuCt
northeasterly to Burtz street. thence by Burt
street to Temple street. and to use the same anC
maintain q single line of railroad over ant
upon said streets and ways" let me say: Tit
maintenance of steam-dummy railroad OF
Temple and adjoining streets over which tn
Cahuenga Valley railroad passes ha
been cHnstS1 source Of 9Soss
and 70 those who are required to pas
over the same, ever since its construc
ton. At the same tim it has afforded rapid
IN, nd nf tbo NJ tn mo NV
living out of and close to the western limits o.
the city. The damages to property and the in
convenience and annoyance to persons living
fruitful source of litigation and contention
which has at last eliminated in decision filed
on the 22d day of August, 1889. adverse to the
said road has been suspended by order of Court
Had the municipal authorities the power tc
review the acts of the Courts and to suspend
license inconsistent with these DEGREES, these
cases. The effect Of this ordinance if ap
validity,the action of the Court in the premises
and to enable Mr.. Mclaughlin to operate his
road Notwithstanding the decision of the Court
cision of the Court had been based on the fact
that Mr.. Mclaughlin did not have franchise,
the city might come to his rescue, and grant
him one but the decision OF the Court is that
the city did not have the power to grant such
q franchise, and If your honorable body should
pass this ordinance, Notwithstanding the objec-
lions herein stated he would not be permitted to
operate his road until relieved by the Court of
the iDjunction under which he is now restrained
from operating the same. The decision reads
franchise for street railroad to be operated
by steam motor which seems to be clear. The
merits and dement's of this controversial this
Court; the conclusions which the Court arrived
at were THAT the operation of defendants
railroad obstructs the free passage and use In
named in the complaint, That ordinance No.
tI0n is unlawful n and is thsFsfOT Ca
may impose on defendant, who has expended
large sums of money in building and equip
prs g srs Of mnst be
granted. That the engines of the defendant in
passing along the streets cause great noise,
sna that the rails Of
above the grade of said streets, and
sd a osa dDInds S nd operating ss
and prevents the use in the customary manner
OF said Sheets were proven by apreponderance
o. testimony adduced a. the trial In the face
vestigation of this matter in the courts where
all the parties could be heard and the law rela
tive thereto which is clearly outlined above
carefully considered, don't think 1t right to
interfere, but the courts into whose hands the
decision of this matter is entrusted should be
permitted to determine the same according tC
the rights and equities of the respective par
ties. herewith return this ordinance un
signed
Mr.. Hamilton moved that the vote by
which the ordinance was passed be re-
considered. Carried.
Mr.. Mclaughlin who was present was
summoned to make q statement in re.
gard to the affidavit of G. A. Fudicker.
He was sworn by City Clerk iced and
City Attorney Mcfarland after reading
the Fudickar affidavit as published in the
HERALD asked Mr.. Mclaughlin what he
had to say in the matter.
Mr.. Mel aughlin asked what bearing
the matter had on the franchise or the
decision of the Court.
Mr.. Mcfarland said that it had none.
Mr.. Mclaughlin said then that he
must decline to be put on trial or to
answer any questions.
Mr.. Mcfarland said that it was not a
trial, but a simple matter of justice to
Mr.. Mclaughlin that he be allowed to
make a statement in his defense.
Mr.. Mclaughlin then said that he
had denied the matters alleged by
Fudickar, but this was q matter which
should not be brought up before the
Council, but rather in the courts. If
there was any bribery or charges Of
bribery, the Council was not the place
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