Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-07
THE ELECTRIC FRANCHISE.
AMENDED AND PASSED AGAIN BY THE
CITY TRUSTEES
The Company Must Expend Sixty Thou
sand Dollars in Two Years-Another
Day of Argument.

action OF the Board in granting a franchise
to c. F. Fargo and others to establish az
electric light plant. He said that while ht
was in favor of granting the franchise anC
of encouraging the investment of capital il
the city he had been actuated in moving
the reconsideration of the Boards action
by the fact that broader privileges had beer
granted than were ever before given to any
corporation. He would, therefore, now
move that the action of the Board, il
granting the franchise, be reconsiderec
and in doing SO would read the following
restriction which he desired to have in.
serted in the franchise:
Permission is hereby granted to L. L. Baker
ana others, or their assigns to erect poles in the
streets and alleys of said city, provided said poles
shalt be of sufficient length as to cause no in.
reference with public comfort or convenience
said poles to be erected and located in accord.
ence with the requirements of the Board o!
Trustees of said CT y, who shall have the right
at any time, TO remove said poles as obstruc.
tons should public necessity require,
No streets or alleys in said city shall be torn
up or dug into by said grantees without permits
sion from the street Commissioner; in such cases
same shall be repaired and restored to original
condition within five days thereafter.
This franchise IS granted upon the express
agreement that within one year from the date
hereof the said grantees shall have in rail- and
constant operation within said City a compie etc
and satisfactory electric plant; said plant to
consist OF at least IDS 1000 candle-power arc
capacity.
]. D. Redding said he would suggest, in
stead, that it be provided that all opera
tons of the company should be under the
control Of the Street Commissioner. He
would De willing that a clause be inserted
to the effect that, whatever method might
be employed by the company in erecting
its plant and conducting its system, it be
under the supervision of the Trustees or
Street Commissioner.
Mayor Gregory said he did not think that
would be sufficiently strong or specific
Mr.. Redding replied that himself and
associates had no desire to free themselves
from the control of the city authorities,
and were willing 10 conform to all regula-
tons under the law. As to limiting the
franchise to electric lighting alone, this
would prevent them from taking advan-
tege OF the improvements and inventions
of the future. He thought they should
have the right to use electricity going over
their wires for whatever purposes they
might see fit, always, of course, under
proper tEsti1CllOllS anu regulations,
The Mayor said the Trustees might be
giving something the value of which they
know nothing Of Who could tell what
discoveries in electric science might be
developed within the next ten or twenty
years? They might be such as to work a
revolution in the business and commerce
of the country. Something might be de.
veloped that would render it dangerous
thing Tor the city to give a franchise of
such unlimited scope. 1t might be worth
$4,000 eco in ten or twenty years from
now. So far as lighting is concerned, the
company could give bond and forfeit it,
but the franchise would still exist giving
the company the right to use electricity for
all possible purposes for the next fifty
years
Judge benson said that, as a citizen and
taxpayer, he was opposed to the granting
of the franchise. So far as the Capital Gas
Company is concerned, the franchise made
no difference to it. There was neither any
necessity for granting such franchise nor
had the Trustees the power to grant it. Be-
fore the present Constitution was adopted,
all franchises were granted by special Act
of the Legislature, but the Constitution was
so amended as to grant any and all persons
the power to lay gas and water pipes, ETC.,
IN any city in which the municipality did
not itself own such systems. The Consti-
tuition IS not subordinate to any city char
ter-it is the higher Law of the land Under
its provisions Mr.. Reddipg or any one else
has the right to come into the city and es-
tablish a lighting or water system. Why,
then, do they ask for this franchise? He
had never known of one so broad TO be
granted. Either they 30 not need it, or the
city is going to suffer. This company can
l.
ground, and cobweb tie city for the next
fifty years. This may become a menace to
the city. 1t had been found necessary to
remove 300 miles of electric light wires in
New York city because Of the danger to
life and property. If the Board were TO
grant the rights asked for, it could not re-
call them. He quoted from the city char
ter to show that among the powers granted
to tine Board this one was net included, and
he claimed that the Board had not the au-
thority 10 grant such q franchise as was
asked for. When the charter was adopted
the Legislature did all that sort of business
Mr.. Redding could not claim that they had
not the right to come in without any fran
cnise, as the Constitution gives it to them
subordinate only to the city's rights.
Mr.. ReddiDg replied st some length tC
Judge benson. The city, be said, was like
sion to enter it. The Constitution does pro-
vide that any person or corporation may
provide a city with water or light, bat the
city must name its own Conditions aDG
this company row asked TO re allowed
to come in under such restrictions
and regulations as govern the city
The use Of electricity should bt
governed by public necessities. No com
pany had right to use it to the detrimen
of the health or injury of the public. Il
they could use it to make cologne they haC
right 10 DO so. Once conducted upor
private property, The owner could not bt
restrained in its use.
The Mayor then repeated his motion fol
q reconsideration. He said his only de
sire was 10 have the restrictions incorpor
ated into the franchise. If q reconsider
alton would have the effect of killing thi
franchise, he was willing to withdraw hi!
motion if the other members of the Boar(
would vote to have the franchise amended
as ne desired.
Trustee Mclaughlin said he did no
know that there was anything in the pro
posed restrictions that was injurious TO tn,
company,
Mr.. Redding said there was one thinl
that would iniure the compauy-the pro
position 10 limit the franchise to lighting
purposes.
Trustee Mclaughlin said these objections
seemed TO have been all discovered at tn,
last moment, after weeks of consideration
of the subject. He was ready 10 vote ther
on the motion to reconsider.
Mr.. ReddiDg reiterated that they wer,
here in such good faith that they were will
ing to slipuate to put in $4,000 plan
within one year. They could not come il
with crippled franchise, going on one leg
Mayor Gregory-"If you will stipuiate Il
come in here within year with 100000
plant, that will suit me. l would regard
that as sorle guarantee of good faith"
Mr.. Redding-"Mr. Clark, who under
stands the practical part of this bushes
better than l do, informs me that it woul'
not be feasible to get q $4,000 plant tn
first yesr, but that we can put IN $1,000
the first end $50 600 more the second year
We will do this if granted the contract 70
city lighting"
Mayor Gregory-"OEe thing at time
The contract is one thing, and the fran
chise smother. The one can easily be for
feitsd. bat the other holds for fifty years.
would ask nothing better than 10 have sue
franchise, and lock it up for future dc
velopmenis. 1t might be worth sewers
hundred thousand dollars a few year
hence
Mr.. Redding then amended the franchis
to read as follows:
It is agreed between the city of Sacrament
snd O. p fargo and others that the fOllOWin