Los Angeles herald., 1890-09-03
The Terminal Railway Com
pany's Experience.
The Council Does Not Want a
New Railway.
Another Argument for Turning the
Rascals Out.
A Majority of the Councilmen Act Like
Silurians or Worse-The Proceedings
at Yesterdays Meeting-The
Railroad Withdraws.

Pursuant to adjournment on Monday
afternoon, the city council held special
session at 2 O'Clock yesterday afternoon
for the purpose of ofconsidering the matter
of the request of the Terminal railway
company for franchise on the easterly
side of the river. There were present at
roll CALL President Frankenfeld, and
Messrsr BQnsall, Brown, Hamilton,
Shafer and summeriand, The other three
members, Messrs. McLain, Van Dusen
and Wirsching entering later.
The first order of business was the
reading of the ordinance by the clerk.
1t was called an ordinance to prov ide
for the construction of a levee upon the
easterly side of the Los Angeles river,
for the protection of the streets and
bridge approaches of the city of Los
Angeles, and of property of inhabitants
of said city, from the high waters of said
river, and for the conveyance and trans
fer of city lands and grant of right of
way to the Los Angeles Terminal rail
way company.
Section l merely contained an agree
ment by the city to convey certain land
on the east side of the Los Angeles river,
the boudaries of the property being des-
cribed in detail, to the Los Angeles Ter
minal railway company. Mr.. Van
Dusen was very anxious to look out for
the welfare of his constituents, conse-
quently he insisted that an eight acre
tract of land between Downey avenue and
Kuhrts street should be stricken from the
ordinance, as it might some day be val
liable for manufacturing purposes.
This was acceded to after slight de-
murrer on behalf ofthe company. Then
Mr.. Wirsching thought of his consti-
tuents and added clause. to the effect
that the city reserve three acre tract
on Hollenbeck avenue, which was done
without protest
Section 2, setting forth what the COM
pany agreed to do, was amended with
out protest
Section 3, which granted the company
right of way across a number of streets,
was not amended, but No. 4, which pro-
vided for the building of the levee on the
east side from the southern boundary of
the city to point 800 feet north of Huff
street within one year, came in for
good deal OF correction. 1t granted the
new company permission to raise the
eastern bents of the Downey avenue and
First street bridges, at its own expense
among other things, and Mr.. Wirsching
once more remembered his dear consti-
tuents. He insisted upon adding the
following clause:
'And at the point where the Macy street
bridge crosses said right of way said company
agrees as one of the considerations hereof to
raise the said bridge sufficiently to span said
right OF way, and put said bridge in a good pas
sable condition. All of said work to be done
" ha
city engineer and to his satisfaction at the ex-
pense of said company"
Judge II. T. Lee, who represented the
company, argued that this would neces-
state the building of an entirely new
bridge by his clients. The fact which
he pointed out that the California South
ern already ran on the level with the
bridge on the opposite side OF the river
was ignored by the obdurate councilmen,
and the company's representative bowed
in submission, evidently wondering
what the next imposition would be.
Sections five and six, providing for the
laying OF the track according to the
grades of the streets it intersected, and
reserving the right to do street work,
were left intact, and new section inter-
posed relative to the laying of pipes
along the entire length of the company's
right OF way II necessary.
Sections eight and nine provided for
the paving of crossings of streets and
their being kept safe; Mr.. Frankenfeld
adding clause to the latter section,
providing that automatic gates and
watchmen be placed by the company
wherever the council required it to do so.
Section ten, providing for the forfeit
ure of the franchise in the event of the
company's failure to comply with all it's
provisions, ,and section eleven, ,forbidding
switching at cross streets Or low level
bridges, were unaltered. l
The last section was as follows: A
Sec. IL. The Union Pacific railroad company
shall have the right to the joint of
all tracks built by the Los Angeles Terminal
railway company, its successors or assigns, on
and over all lands and rights of way herein
granted to said last mentioned company by the
city, upon paying to said last mentioned COM
pany, or its successors or assigns, fair proper
ton of the cost of all construction and mainten-
ance of said railroad, 1evee, and bridge ap-
proaches, and of all improvements which may
be used by said Union Pacific railroad company
with legal interest from the date of such eXpen-
diture,
Afterit had been read Mr.. Van Dusen
insisted that it be stricken out entirely
and the following substituted for it,
Sec IL. Nothing herein contained shall be
considered as granting any exclusive franchise
to the Los Angeles Terminal railway company
over any of the right of way herein granted
but any railroad, 100 miles in length or over
hereafter built, shall have the privilege of the
joint use of all the tracks built by the Los An
geles Terminal railway company, its successors
or assigns, on the lands granted said railway
company by the city, upon paying their por-
tion of the cost of all construction and i'm
provements and maintenance of said railroad,
fevee, cost of right of way, bridge approaches or
other expenditures, and of all improvements
which may be used by said railroad companies
with legal interest from the date of such expen-
ditures
This was the "last straw. Mr.. Lee
Indignantly rose and stated that he had
allowed the council to have its own way
on every proposed amendment so far, be-
cause his clients were not particular as
to whether they expended few thous-
ands of dollars, more or less, provided
they got the franchise. The company
did not, however, propose to be fooled in