The herald., 1893-11-08
DID IT IN THE EARLY MORNING,
The Southern Pacific Lays Its
Double Track.
Alameda Street the Scene Of the
Sensational Work.
Strategic Movements OF the Company,
1he Franchise Twenty Years
Oid-Further Sensn-
tional Rumors. ..

As exclusively announced in yester-
days HERALD would be the case, by
10 O'Clock yesterday morning the South.
ern Pacific railway company with its
large force of men had double tracked
/ Alameda street, from Commercial to
the viaduct, at College street.
The nocturnal move on the part OF the
company gave rise to many rumors, and
when the people read the news in the
HERALD at breakfast they tried to recall
the granting of rights for such pur-
pose. The franchise dates back to 1873,
when it was passed, giving the company
''unreserved and unrestricted use'' OF
the street, from Commercial to San
Fernando streets.
About year ago the Southern Pacific
company made application for fran
chise to double track Alameda street,
from Commercial to Fourth street.
The application was discussed, re-
ferred and discussed and referred again.
and was finally referred to the present
| council.
After some wrangling caused by oppo-
eition Of property holders, the council
filed the application.
The company then applied for fran
chiee on the street south of Fourth to
the city limits, and on February 27, 1898,
it was granted. This leaves gap be-
tween Fourth and Commercial etreete,
for which the company has nc double
track franchise.
The laying OF the track was certainly
legal if the franchise counts FOR any
thing. When the residents in that
vicinity arose yesterday and found hun
dreds of men engaged in tearing up the
street and laying track, the first though.
OF come of them was to legally enjoin
the company from continuing the work.
But it was almost too late; the track
was largely in place.
The evening previous Division Super.
intendent Muir had obtained an opinion
from City Attorney Mcfarland that
such step would be legal, and he was
also given a permit by Street Superin.
tendent Watson, which was based upon
the attorneys opinion, and authorized
the company to tear up the street and
construct the road.
The city attorneys opinion is as fol-
| lows:
/ have examined the old franchise OF
! the Southern Pacific railroad and am of
the opinion that they have the right to
double track from Commercial to San
Fernando streets. l think there is an
! opinion on file to that effect which I
gave. to the last council Yours, ETC.,
@. w. MCFARLAND.
Street Superintendent Watson fur
ni,hed the following:
Mr.. Muir is hereby granted permission
] 70 tao In Oh ~
msrcial to the viaduct at College street,
D. A. WATSON.
Street Superintendent.
Thomas Strohm, chairman of the
board OF public works, hearing OF the
company's intentions, held a conference
with Chief of Police Glass, who prom-
sed assistance should the company
attempt to lay track on any street other
than that over which they had per-
feet right. Bat there was no need OF
policemen, for the company laid track
only from Commercial street to the
visduct.
Ex Councilman Collins was very ex-
cited man when he heard of the South
ern Pacific's work. He had opposed all
applications of the company for fran
| chises over the streets. He said had he
/ known the evening before that the COM
pany intended taking such action, he
would have brought an injunction
against it. He claims the company has
no right to double-track the street, even
though it has franchise.
The reason given for the laying OF the
track at night was that there would
then be less danger of property owners
0bjecting to the proceedings.
| There was rumor last night that the
company would, early this morning, lay
double track from Commercial to
Fourth street, thus making complete
double track along Alameda street. As
this would be illegal, but little credence
was put in the report.
The franchises upon which the track
was laid are as follows:
Section of an ordinance granting GER
tain privileges to the Southern Pacific
Railway company, approved September
6, 1872, grants right-of-way over Ala
media street; provides that ''the said
company shall locate its track or tracks
az near the center of the street as may
be. and the residue of the street to be
used by said city for the passage of per-
CONS and vehicles on each side of the
same.
There is q further right'of-way Ordi-
nance, approved July 26, 1873, section
l of which reads:
THAT all of San Fernando and Mis-
sion streets, from their initial to their
terminal points, together with that
Portion OF Alameda street between the
present depot OF the Los Angeles and
San Pedro Railroad company subject to
the provisos, resolutions and conditions
hereinafter contained, be and the same
is hereby set apart from the public
highways OF the city OF Los Angeles to
the unreserved an unrestricted use OF
the Southern Pacific Railroad company,
and the right of way over and along the
same, subject as aforesaid, ia hereby
granted to said company for the build
ing, maintaining and operating of it's
railroad thereupon by and through the
track or tracks which said company
shall deem it necessary to build along
and over the same. and with the privil-
ege to said company of making such
embankments and excavations upon
eaid streets as shall be found necessary
by the company's engineers to the
proper construction Of said railroad and
its connections within said CITY.
Provided, that the use of said Alame-
da street. as hereinbefore provided for
shall not at any time nor In any man
ner interfere with, nor preclude the city
or the public from the right to use and
enjoy as public street of said city that
portion OF said street not actually occu.