The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-08-16
DON'T WANT BITUMBN.
The Electric Road Objects 10 Paving
Tenth Street With It.
Mr.. Henry says the Boards Order Is
acknowledgements 20 Sub
nit It to the Courts.

j. II. Henry, President Of the Electric
Railway Company, appeared before the
City Trustees yesterday and presented
the following communication:
70 the Honorable the Eoay~t Of Trustees Of
tie CttB u SGcroBieRtg-- G GENTLEMEN: IN the
matter of the impro SeInent OF Tenth street
between = AID l. streets, with such material
and IN such manner rs by you ordered but
deemed impracticaUle, not alone by this COM
pany for reasons previously explained by lis
omcers' but by all parties operating electric
roads. Now, owing 10 the different interpre-
tation of the statutes relative to the improve.
nent OF streets, as construed by your hon
orabie board and this company, this com
pany begS TO submit for your consideration
the following proposition, to-V-it
FHsb-lhat this company is DESTROYS Of SUBJ
hitting 10 either OF tue Superior Judges OF
Sacramento for determination the question
whether or not this company is bound to
make such improvements IA ordered by your
honorable board or forfeit their franchise as
stated in your order.
Sccond-When the duties OF this railway
company is determined by the Judge acting
III VIII al once proceed 10 improve said Tenth
street, between and l.. in full accordance
with such decision and in good faith.
Third-This company viii enter into bond
10 pay all expenses incurred therein and
thereDy- whether such decision is in favor Of
or against TINS company.
believing our proposition TO be fair mas
much as it incurs no expense to the city and
no delay in the desired Improvement while it
railway company in their relations to each
other under the law, we confidently trust
that 1t will be granted. While as above set
forth we may much desire to have our re-
spective rights under the law made plain and
conclusive by the least expensive and most
practicable method, and while we pray you
may concur in our views thus expressed and
grant this humble petition, yet nevertheless
If your honorable board Shall deem il hest 10
refuse or ignore the prayer of this company.
we WILL IN consideration of The public inter-
est and the welfare OF Sacramento CITY waive
our rights in the law as by us construed and
proceed to improve said Tenth street between
and II in accordance with the order of your
honorable board, suggesting further for your
consideration only the fact that this company
has repeatedly offered to make the required
Improvement up to the outside rails, using
macadam inside of the rails, as now In use on
NJ street Respectfully,
CENTRAL ELECTRIC RAILWAY COMPANY
BY j. H. HENRY, President.
Sacramento, August 5, 1892.
Mr.. Henry addressed the board briefly
in reference to his proposition. II the
board saw fit to ignore the proposition
why the company would have to go on
and do the work. 1t was simply a case
of stand and deliver" because the board
has the might, and he simply asked that
justice be done him and his company.
Trustee Green said he, for one. was
willing to accept Mr.. Henry's terms, pro-
vided it would not cause too much de-
lay.
Mr.. Henry sad 4 decision could be had
III forty-eight hours.
Mayor Comstock was opposed to
adopting Mr. Henry's suggestion. If
the decision should go against the board
the work would be delayed two or three
years.
Then your position is that the law in
the case should not govern" said Mr..
Henry.
Not exactly" replied the Mayor.
cali we ASK continued Mr.. Henry.
lis that we be treated like any American
citiZen-that we have the benefits of the
law. If the board is wrong in this
matter it should not force US to do this
work"
Mr.. Conklin was in favor of giving Mr..
Henry chance, and on his motion such
an order was entered on the minutes.