The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-12-15

OakIanderS Are Looking
at d Law of '01.
The Power That 1t Has Vested in
the Common Council Concern
ing Railroads.

The Mayor and some of Oakland's Council
men are investigating in a quiet way the
statute authorizing the construction OF rail
road from Clinton, now East Oakland. 10 the
pay sOore. now Known as the Point station,
which was approved on May 20, 1861.
The statute In full reads as follows:
Approved May 20. 1851
he people of toe State OF California, repre-
sented In the Senate and Assembly, do enact as
Section l. The right to construct, maintain
and operate an iron railroad from point at
near the westerly end or the bridge leading from
the city of oakland TO the town of Clinton
through the streets OF the SAID city of Oakland TO
point In the bay OF San Francisco where the
Alameda County shore approaches nearest To
ferhS Bueua Island or at such point a railroad
may be butt from to said island under and
by virtue OF an act entitled An act granting
TO certain persons The right to establish
ana run ferry between the island of
ieroa Bnena and the city of san Francisco. aud
TO construct a railroad from said island to the
Alameda county shore, is hereby grant ted to Rod
Samuel Wood. Joseph Black and George Goss
their associate successors assigns for period
OF htty years from and after the passage of this
act: provided, the Common Council of the said
city OF Oakland shall designat the streets through
further. that whenever said road is built through
any streets as afof eSaid the said Common Coun-
ell shall not have the right remove the same or
cause the same tn he removed.
Sec 2 The railroad authorized by the first sec
ton OF this act shall be built in the most sub
seahtlai ana approved manner, ana shall be COM
pieted and ready for the accommodation OF the
travelling public within two years from the pass
age Oh THIS act; provided. the persons named in
section of this act, their associates successors
or assigns shall be permitted to build such lateral
branches OF such road public convenience NAV
REQUIRE. iii any of the streets OF said city at any
tune during the existence of this franchise after
having obtained permission OF the Common Coun-
eli OF The city OF Oakland to do.
sec. ). The rates OF toll TO charged and col
ected for the transportation OF persoas and pron-
erty upon said road shall be fixed from Time to
time BY the Common Council of the city OF Oak
land; provided, said rates shall not be fixed below
mr. IN yialh
cent per annum on the amount OF capital invested
In such road, excus We OF the cost and expense OF
running and maintaining the same
Sec. 4. The Common Council shall have the
right and power to regulate the speed upon said
road. aud also to designate the motive power to
be used in propelng the same.
Sections 3 and of the above law places the
nXlhg oil iares on this railroad on the Civ
Council. and some of The CITY Fathers are ask
ing themselves il they have not the right, ac-
eordng to this law, of saying how much shall
De charged by the railroad company for carry
ING passengers on The Seventh street line.
III mad been supposed all along that The local
road was oteiated under All act of The Legisa-
ture OF 1862. but The following is quoted from
the minutes of the Council of 1861:
ION November IA, 1861, the Council passed
an ordinance Witch j. 2. NJ. Davis, the Mayor
In mat old day, approved on November 90
winch granted the right OF way "aong Seventh
street. from its easteIly limits to or near It's
Junction with Market street, and from thence
In straight line TO the western boundary OF
the city, which line is represented on map filed
with the clerk Of the Council and marked San
Francisco and Oakland Railroad Company, ex-
mott b. Is hereby granted and released to the
San francisco aud Oakland Railroad Company
for the purpose OF laying a single or double
track and he necessary SIDE tracks along said
street ana ln", and running cars and carrying
passengers and freight thereon. ."
Section 2 of this ordinance permits the erec-
lion of station on Seventh street eat or near
It's intersection with Broadway"
Section provides for and IN consideration
OF promoting The construction of said railroad
and the advantages accTung to the city of OAK
land thereirom, and in consideration OF 81, aud
upon consideration That the said San Francisco
and Oakland Railroad Company shall within
three years from this date complete said road
ana bridge unon tie line designated upon said
map. marked exhibit B, the use of that portion
OF the overlooked land situated at The western
terminus OF the said projected road and bounded
by the mainland on the east, and on lie north
ana south Oy TWO parallel lines, each $50 feet
dist mt from The center line OF said bridge, is
hereby granted and released 10 said company
for The term of fifty years.
Under the ordinance the Mayor accordInplv
conveyed 10 the San Francisco and Oakland
Railroad Company the right OF way on Seventh
street Tor nifty years, or until November IL,
The road was built and application then
made to tile Legislature to ratify the ordinance
passed by Inc Council and approved by the
Mayor. One clause in this statute reads:
Be it therefore enacted that the said ordinance
aud deed executed In pursuance thereof, above
ratihed and confirmed and declared legal and
valid according to the terms and Conditions
therein named: provided that the rate OF toll on
said wharf, If any shall ever be charged shall be
regulated from time to time and be nder the CON
troll OF the Common Council OF the city OF Oak
land; provided that nothing herein contained
snail prejudice or In any manner affect its rights
either legal or equitable of any private person not
party TO the deed hereinabove recited; provided
that the right and franchise herein granted shall
not continue for longer period than fifty years.
The act was approved April %, 1868
Now some COuncilmen are saying that under
the above the city has the right TO fix fares on
Seventh street, and that on Monday night very
likely some action will be taken looking TO the
introduction of an ordinance to this end
The whole matter regarding the fare question
mas been gone over time and time again during
the thirty years or more in which the railroad
company has run It's cars through Oakland'S
street, and it was supposed there could be
nothing new IN regard TO the matter, and this
last phase has created not a little talk.
There are plenty of able minds who insist
that the Council cannot regulate the fares and
the CITY Attorney, IL Is said, is of this opinion
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