Sacramento daily record-union., 1890-09-11
THE TRUSTEES YIELD TO THE DE-
MAND OF THE PEOPLE.
Wolf and Mclaughlin Vote for the Elec-
trio Road-Work Will Be Com
menced Immediately.


dressed the Trustees. Mr. Plat said the Board
of Trade was interested in all matters tending
to advance the city, and was anxious that capi-
talists and Others desiring to invest in Saera-
mento should be encouraged rather than driven
away II had taken up the matter of the pro-
nosed electric road franchise and a mass meet
inc had been held at its rooms, at which the
unanimous sentiment was expressed tnat the
franchise should be allowed. properly restricted
and the committee of which he was mem
ber was delegated 10 inform the Trustees that
such was The case.
Thomas L. Enwright also of the committee,
substantiated what Mr.. Platt had said. In re-
ferring to the mass meeting he said the only
objection found was to the forfeiture clause"
of what was known as the Mclaughlin
amendment" which provided that the trustees
could. by a majority vote, order dowa all the
poles and wires OF the electric road after ninety
days' notice and without cause. 1t was prop
osition that no business man of sense would
accept.
"Well, Mr.. Enwright," said Trustee McLaugh-
lin, when the speaker had finished, were there
any reasons given at that meeting why that
clause was ObjectlOnable?
Mr. Enwright replied that the main objection
was that the forfeiture clause was unfair, ana
one on which no business man would be Jusil-
fed i'll riskiDg his money.
Mclaughlin suggested that the Trustees could
not afford to order the poles and wires down
without cause.
well" said MI Enwright. rather ironically,
cts hard to tell what Trustees viii do some
times ~
Mclaughlin and Wolf looked at each other
and laughed and then Mclaughlin, turning
again to Mr.. Enwright. said the city should
have some power by which to order down the
poles and wires should they prove dangerous.
Suppose for instance, he added, "tnat tnls
road should not pay and the owners should
abandon H. Who would have to take down
those poles and wiresY
1.-THE ordinance granting the original fran,
chise covers all that" suggested Mr.. Platt, and
Mr.. Enwright nodded approvingly.
'Yes. and it would stick in the courts for i've
years before the city could get them down" re-
piled Mclaughlin.
Mclaughlin next wanted to know by what
authority the Board of Trade committee PIE
sumed TO ask the Trustees how they were going
to vote on the electric road matter, and he was
informed by Mr. EnwTight that every citizen had
the right to ask the Trustees questions.
NO TIME TO LOSE.
At this juncture j. H Henry informed the
Trustees shat if the matter suffered another
Dostponement he would withdraw his appllca-
ton for an amendment to the franchise. He
said his contract with the Central Street Kali
way Company would expire within twenty-tour
hours, and after that time he would have no
authority to accept any franchise from the
Board. Consequently he asked that the matter
be settled one way or the other before adjourn
ment.
MIR. Mclaughlin declared that he did not
think anything could be done in the matter,
because the Board was not in regular meeting.
The regular meeting day was Monday, and here
the Board was in session Wednesday coDse-
quently it was special meeting.
Mayor Comstock started as though somebody
had prodds him with a pin. Its a regular
as such when opened the meeting?"
well, that don't make it So retorted Nc
Laughlin. That's legal question, ndyou'ye
got nothing to do with it.
81,
Mayer.
but this wouldn't do, either. Then the Mayor
sent for City Attorney Hart, and when that
official arrived, stated the case to him. Mr..
Hart p&mptly declared that the meeting was a
regular one. Still Mclaughlin objected. Mr.
Henry said he was willing to take chances on
the legality of the meeting, should the franchise
be granted Several of the Board of Trade men
said they didn't see how it could be other than
a regular meeting, as both Monday and Tues
day were holidays. But still Mclaughlin per-
sisted that he should he convinced before ne
would vote. Even Trustee Wolf did not agree
with the Major, and declared that he eonsld-
cred it a regular meeting.
The discussion was its hight when Thomas
Hague, who was among the large audience
present, asked permission to say something in
his capacity as citizen. He was granted the
desired permission aud forthwith proceeded to
address the Board on the advantages of electric
roads to property-owners and to the city gen
orally: why capital should BE- encouraged, and
why progress should be the motto Of the day.
He never mentioned McLaughlins special
meeting bugaboo, and the result that by
the time he had finished said bugaboo had
been forgotten.
BLANCHARD HAS HIS SAY.
George A. Blanchard the attorney who drew
up the now celebrated Mclaughlin amend
ment" next took the floor. and. after reading
sections of the proposed franchise, announced
that at the present time q road was IN opera
tion in Newport Il. l., under Just such reStrlc-
tions as had been proposed in the Mclaughlin
amendment. He said the local newspapers had
styled ii the forfeiture clause, and had as
sailed his intelligence and ability as lawyer
for having given it TO Mclaughlin. The
clause had been pronounced mons;rous
on the presumption that the Trus-
tees wOul1 do something monstrous under
Blanchard, ito meet the desire of the people
and to encourage the investment of capital.
Trustee Mclaughlin has suggested that l revise
what has been termed the forfeiture clause OF
his amendment" He then proceeded to read
the reconstructed clause. Instead of giving the
Trustees full power to order down po es and
wires and annul the contract as did the eele-
Drated original II now provided that the Ifus-
tees shall not order down said poles and wires,
unless il shall appear to them, after a full and
fair hearing, that said poles and wires are dan
gerous to life or property, or are pubic NUS
Before taking his seat, Mr.. Blanchard an.
nounced that at the meeting of last week, be
fore he gave Trustee Mclaughlin the amend
ment he had read it TO the Mayor who sp-
P'vt MeIanghlin corroborated this, and, shaking
his finger at the Mayor, said that although he
(MeLaughlin) had been getting al the blame
for introducing the amendment, It was just as
much the MAyor's amendment as his.
Ihe Mayor talked back, and bnsiness was de-
laysd for some minutes until they had Il out.
When they had, Mr. Henry announeea thal
clause as Ieadjusted and stripped OF its am
biguity.
The Mayor smiled and looked happy, and
said he guessed they had better take vote.
But all was not plain sailing yet
Attorney Blanchsrd had the floor again, and
q CODY OF the Politica Code in his hand. He
read section 509 OF the state law covering TIE
granting of street railway franchises, and NAM
tanned that under Il no city or town in the STATE
had the power to give franchise for an elec-
trio road. that the law only provided for horse
cars and cable-ears.
TOO LAIE.
Me-. Henry, in replying TO Blanchards argu'
ment said II was too late now TO talk about dis
allowing franchise 10 run an electric road
The Trustees had allowed that in the original
franchise given 10 the Central road. All he was
and wires He had nothing 10 do with the elee
trie part of it-that was IN his purchase OF The
Ce-fral roads franchise.
Attorney Blanchard said that many had beer
misled in the matter because roac already
existed in san jose in defiance Of the law.
Mr. Henry retoTted rather holly that other 81
torneys had opinions in the matter as well a.
Mr Blanchard He said he hadn't invested twt
hundred and thirty thousand dollars IN san Jost
without first knowing what he was DONG
Neither had the Los Angeles and san lliegS
peopla Neither had the company when Is
now expending half milton In Oakland OF
an ectric road. Mr. Henry added that ever
II !: we're wrong, he would have TO suffer, ant
EseTything began to look promising again foi
q vote.
Bnr Mclaughlin was not ready yet. He hat
a grievance and wanted 10 give vent to his feel
inrs before the matter was disposed OF. liz
complained of the manner IN which be haS
been treated by the press and public and de
eIared that he had been in favor OF Mr. Henry
proposition all along. He denied that he has
been waiting to be bought, and that he was
ssioadlerr He said his reputation was as goot
sc env newspAner man 3 in town
Wolf Joined in. too. ard dela9ed mat ne wa
only looking after the interests OF the elsy
The Mayor said the stand taken BY the etbe
Trustees had worried him dreadfully. and h
now that the matter was about % come q
vote. and asked Mclaughlin and Wolf u the,
were ready.
Mclaughlin, however continued 70 giump.
about the manner in which he had been treated
The pnblc had been too hasfy. and 50 hGl
those people who had been taking about iaf
ring and feathering HIN.
Wr. Henry tried TO pour oil on the tf0upiet
waters by dec airing that either McLaugnilllI nc
Wolf nor any one else had appIoacin5eo hlln Nm
either directly or indirectly, for Doodie, an'
he added that even If they had i Wothd nav
done them no good as they wouid not get II
Mr.. Henry effort, however, avalled npt IL
tie. It was only q few minutes before McIauel
lin, Wolf aud the Mayor began TO tell OF tnel