The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-06
BUT TWO MINUTES
Grantees of Franchises to
Go to Court.
They Contend That the Mayor Vetoes
Were Not Filed on Time.
Other Claims.

The failure of the Board of Supervisors
to finally pass the three franchises over the
vetoes of the Mayor on Tuesday does not
end the matter, it appears.
The contention is now made by the per-
sons interested in the franchises that the
orders granting the franchises have become
laws. because the Mayors vetoes were not
filed within the legal limit of ten days after
the final passage of the orders.
The legality of the orders at present rests
upon two solitary minutes Of time-a short
period, but OF value 10 the com immunity.
1t will be remembered that on Friday
night last a special meeting OF the Board OF
Supervisors was held to transact routine
business ossensiby. but in reality to dis
pose of the Mayors vet0es of the fran
chses.
One of these was a veto of an order grant,
ing franchise to the San Francisco ana
West Shore Railroad Company to construct
a railroad over various streets in the south
ern portion of the city 10 the county line,
where connection was TO be made with a
line running to Hslfmoon Bay
Another franchise vetoed was that
granted to ". II. c. Fowler and others to
construct a cable or electric street railroad
from several points along Potrero avenue
and Twenty-fitth street TO the county line.
The third order vetoed was that granting
a franchise 10 the Municipal Conduit Com
pany to lay pipes in the streets for the
transmission OF electricity for power, heat
ing and lighting purposes.
When the board met at s o'clock the
vetoes had not yet been filed, and recess
was taken until 40 O'Clock, 1t being
thought that the vetoes would surely be in
Clerk RusselPs hands by that time.
Promptly at II AS the board reassembled.
nd NJ ha &c
had been filed.
They have not" replied Mr.. Russell.
In order TO kill time Mr. Aver began an
address upon the Shag Rock proposition.
urging that the litigation arising from a
former action of the board in buying the
rock should be dismissed. He was still
talking when the sergeant-at-arms whis-
pered something to Mr.. Russell, who I'M
mediatey disappeared from the chamber.
The hands on the big clock Indicated Ii :5S
| o'clock when the clerk reappeared with the
| coveted vetoes in his hand. Many persons
present glanced at their watches as Clerk
| Russell entered, and this is the cause of the
| trouble which Is now likely to ensue.
"These vetOos were flied at II 81 o'clock"
| said Mr. Russell, in answer to question.
| They were then passed TO print, Ebert
| and Heyer alone voting no.
1--WE have evidence" said a gentleman
| who is interested in one of the franchises,
that II was one minute past midnight
| when the vetoes were flied. The CLOCK in
| the Supervisors chamber was four minutes
| slow. We Will be in position to prove
! this in court within few days"
Another contention to be made is that the
| vetoes should have been fled before mid
| night of Thursday Instead of Friday. the
| legal limit OF ten days having then expired,
| provided the law intended that the date on
| which the orders were passed should be
| counted as one Of the ten days allowed the
| Mayor for returning the order with or
| without his approval
I'VE can also show" said the attorney
| for one of the COMPANIES interested, "lhat
the Southern Pacific was greatly interested
| in securing the defeat OF the order granting
| a franchise to the San Francisco and Yves
| Shore Railroad, as it practically gave the
| right OF way for an entrance into the city
| of competing road.
"1he electric-light companies were also
interested in defeating the final passage of
the municipal conduit franchise, because
that company threatened to break the cleo
trlc-light monopoly.
There will be lively litigation over all
this very soon. We claim that the vetoes
of the Mayor were filed too late, and that
the franchises have therefore been legally
passed