The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-23
ELECTRIC POLES.
Mayer Ebert insists That None Be
Erected on Mission Street.

mayer EitGrt INSISTS NAT None lie
Erected on Mission Street.
Mayor Ebert addressed the following
communication to the City and County
Attorney yesterday, asking that official TO
bring suit against the Market.street Rail-
way Company CONSOLIDATED 10 prevent
the erection Of a trolley electric system on
Mission street:
Harry Z. Crssgelt. Esq. city aud County,
4tt0rney-DEAR SIR; / have been informed
by the president of the Market-street Railway
Company tConsodared) that it IS the intention
oil said company, under certain street railroad
franchises granted by the Board Of Supervisors,
10 construct and operate by electricity It's road
on Mission street, extending from the city front
10 the county line, by means OF what is known
as the trolley system. requiring tue erection OF
pores along and upon the public streets and
overhead wires.
AS the executive officer OF the city and
county, while anxious 10 second all enterprises
that are conducive 10 the building up ana 1m-
proVement OF this city, IL does not appear thar
on consideration any benefit would accrue TO
ths people OF The city ana county by the con-
slfuetlon and operation OF a street railway 0y
the trolley system. On the contrary. the danger
10 lie and property anu the distractions caused
by me erection Of poles ana overhead wires
w0ulc be q constant source OF complaint The
deadly character or the current would be a con-
slant source of alarm liable at any time by the
Silgntest accident TO cause eonliagraton. loss Of
lie and destruction OF property.
The grants OF franchises 70 operate street
railroads By means OF electricity contain no
pT0Fi5 ion Tor the erection Of poles or The plae-
lng oF wires overhead by what is called tins
trolley system, and I take il ne such privilege
or right was gTaaTeds anu the same cannot be
expressed or implied for the parties who OBJ
tanned those franchises TOOK under them what
was granted and no more
LIE intention Of tile Board of Supervisors in
ADDITION IS evident; all legislation for years
mas Deen 10 place aud cause 10 be placed cleo
ttic, Geographic aud telephone wires under
ground, ana with that view no privileges fran
cniSeS or rights of that character have been
granted lie claim thar the grantees have the
flgnt 10 erect poles and overhead wires by rea-
son OF me franchise comforting The right 20 OPP
crate lie road by electricity is nor teuable: all
roads having The right 70 use electricity a the
motive power are confined in their rights TO the
occupation or those portions OF the roadway of
streets as designated in the civil Code and 10
assume that 10 that connection they have she
fiEnt 10 erect poles along ana upon the streets
anu steIch overhead wires is contrary 20 tDe
provisions Of the Older granting SAID franchise
tne civil Code and The policy and intention OF
the Legislative body.
mat no sneh power Is now conferred uDOu
the grantees OF street railroad franchises is be-
Nonu question, and any attempt construct
anu operate street railroad BY this means Is
without authority. For The reasons given I most
respectfully request you the law officer OF the
CITY ana county to bring an action 10 enjOin
ana lnhibit The said hiaTket-sITeeC Railway
company from erecting poles or overhead
wires on Mlssl0n street or any OF the streets Of
the CITY ana county as the means Of operating a
street faiiroau so that the rights claimed may
De Jucie4ally determined. aud inclOse herewith
a communication from Charles f. Croeker the
president OF said road, stating the intentions 10
so construct SAID road on Mission street..
l.. K. ELLERT
cisco.