The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-23

BUT sTEAMcARs. NO, NEVER.
The Peculiar View of Legislative
Act Taken by State
OffiGiais.


ness men yesterday.
There was turning over of leaves of
musty lawb0Oks and a searching of
records in the Office OF the Commissioners
on California street. and when reporter
called there in the afternoon Secretary
keegan was ready with statement. He
turned TO the statute which was quoted In
THE CALL yesterday and began to sex
plain It," In order 30 understand the
explanations offered the law is again
published 1t reads:
Said board shall not lease TO, or permit any
corporation or association, or any person or
persons, 10 lay down any track or tracks for
railways along any Of The property described
herein. or on any portion OF the water front of
SAD tfancico under any condition whatever
Said board may, when the wants of commerce
require lag down such number Of tracks along
and on any portion OF said water front as may
De necessary 10 meet such wants. and permit
the use thereof 10 any corporation or associa-
t0n on any person OF persons. under such
rules regulations, and al such compensation as
said Board may determine; provided, that no
special privileges shall be awarded thereon to
any corporation. association, person or per-
sons: and provided further. that switches from
said railroad track or tracks may, win the per-
mission Of said board aud under the limitations
/ and conditions OF this act. be constructed by
corporations, or any person or persons leading
TO any warehouse or place OF business.
Now" said Mr.. Keegan, "let us ana
lyze this law. You will notice that in the
first part cf Il no distinct reference is made
10 street railroad and toward the end it
refers TO switches and warehouses. II the
law was meant for street railroads do you
suppose that anything would be said bout
switches and warehouses? No. sir. the
law was framed To have reference TO
steam railroads only"
why does It not say so then ?'
Wei. | suppose the trainers saw no
n q Ia "
framed IL was for the purpose o. prevent
ing the Southern Pacific completely en-
elreling the city with its tracks and shut
ting out competing lines. There was talk
OF a shore line al the time and tie Harb0r
Commissioners, In order to prevent the
city being girdled with raile as Sacramento
is, lent their approval to this measure.
They are jealous liz the interests Of San
Francisco, and were and are anxious TO
prevent the Southern Pacific securing
monopoly Of the water front"
A smile from the reader will be par
doned at this paragraph. But to continue
with hIr. Keegan's explanation.
'Ihe Commissioners, he ADDED. ''never
thought the law referred to any but steam
railroads and they so construed the law"
They construed the iaw then; put
their ewn construction upon it?H
Nv by, caFleialgaT nay knew what the
Legislature meant even 7 ihe iSngaags il
q little ambiguous"
who gave the Hafbor Commissioners
power 10 construe a law of the State and
decide for themselves that certain words
mean more or less than they do on the
iace?"
TO this Mr.. Keegan made no reply.
"What would The CALL have the Com
missioners do?" he asked. Make all the
street railroads stop al the end of the
the ferries. the great union depot of the
city?"
but" said the reporter, ''the Law ex-
pressiy stipulates that the Harbor Com
missioners shall build 3 belt line which
shall be open 10 all lines"
THAT refers to steam railroads"
How 10 you know that it does ?"
We'll, the Commissioners have alvays
so construed II. said Mr.. keegan, lodging
behind the original verbal breastwork.
This is the only defense the Commission
ers have TO offer. They admit that the
tracks on East street are being laid upon
waterfront property. and claim that they
have a perfect right TO construe TO suit
themselves the words:
''Sdid board shall not lease to or permit
any corporation or association, or am
person Or persons, to lag do1gn 0py track
or trGckS foT fdtt9gdgS along any portion
Of the t5ater front"
C. T. Croker. president of the Market
street Railway, said that it seemed strange
that all the other lines of railway had
been permitted TO run their roads TO ihe
ferries and connect with their turntables
there without opposition while now that
The Markei-stFeet sy stem attempts to make
similar improvements the alleged violation
of law rs sprung.
Mr.. Cracker expressed no opinion upon
the merits OF the case as presented in YES
terday's CALL.
Regarding the street railroads which now
run onto waterfront property their fran
haf ba 8
the law above quoted, that is prior to 1889
The State Legislature cannot pass a lave
that Is retroactive, or that inyalidates con-
tracts already made 90 that the law has
nothing 10 DO with the streetcar lines which
terminate on East street. But the new
road now under process of construction
along at tboroughfare Is being put down
In direct violation of the statute, for its
very franchise was granted subsequent to
the passage of the act.
Marsden Manson was civil engineer for
The State Board Of HarbOr Commissioners
st the time when the law was made and be
says that IT'S trainers intended to provide
against the encroachment upon water
front property by both steam and street
railways.
said he. land 1t is ridiculous TO assume
that it applies TO one class OF vehicles and
not another"
a man asked yesterday what good il
WOuid 10 the public II the Consolidated
Railroad Company was prevented from
usurping East street. .Carfare woud be
just the same, said he, "a nickel a ride
That IS where the point comes In. In
mas titles in the East where there are
eeeetai eS-1neting streetcar companies six.
seven anu eisdt tsp tickets are sold far a
| quarter. and the RAILROADS make money a.
that, In few cities rai.s of fare are
down so that two trips can Do taken for
cents. AoA
recently In rhis city ali the lara s,rea,-
car lines were consolidated and tfles -
to-day giant monopoly: In reality an h-n,
OF tnat great octopus. The Southern p
cine. By permission OF the Harbor Com.
missloners this monopoly Is at prasant
taxing possession of East street from
broadway to MISSION: in other words
IL Is securing for its exclusive
use al the waterfront property in the
vicinity Of The ferries. What chance wonld
competing line have of getting to this
sp9II And the question that fol. o VS. neyt
y. wat chance. II monopoly is thus con-
sldered by State officials, is there for n
lower rate al fare? A't
Inc Legislature enacted a law which
would preserve this valuable propertv
along the bay Of San Francisco. Eecn.