The morning call., 1893-05-30
THE SUPERVISORS ACTION.
They Unanimously Support the Mayor
in His Course.

IN His Course.
When the Board of Supervisors met last
evening there were present many repre-
sentatives of the different street railroads
and large crowd of spectators interested
in any proceedings that the board might
take in relation TO the attempt OF the Om-
Dbus road to capture Market street by a
midnight raid with 400 laborers, headed by
the president of the company and its lega
advisers.
Clark Russell read, in clear. loud voice,
the following communication from the
Mayor on the subject. it taking the usual
course of such documents, being placed on
file. The members acQu!esced in its con-
tents by signs of the most evident APP
proval.
SAN FRANCISCO. Cal, May 20. 1898.
To the honorable Board OF supervisors Of
the citu and county Of Son FrGhctsco-GEN-
! TLEMEN: i desire TO call the attention OF your
norable board to the unpreced nted aciion,
without authority, on the part OF certain street.
railroad corporations IN an endeavor TO make
use OF Market street, our principal thorough
fare. IN the erection Of poles 10 operate rail-
road by means of electricity.
On Sunday morning, between and O'clock,
information reached me that large force of
men were employed in tearing up the roadway
and sidewalks on Market street, erect
al wore. Upon proceeding to The
street. l found the facts TO be as stated, and
Immediately calico upon the Chief of Police
and stopped further work, and, under my in
| structions the superintendent OF Streets set a
force OF men at work TO repair the street thus
disturbed
be al once removed teams aud men were en-
ployed and all The poles that had been erected
were taken down, and with those lying in the
| street, together with other material, stored III
the Corporation Yard.
This peculiar mode of attempting to acquire
a right for Which no authority has been granted
IL . 4 n an al a nv n
| companies who inaugurated the work and at
tempted 10 deface our streets and endangered
The safety aud property of our citizens.
As he chief executive of the city, without re-
sorting TO the cou Is, deemed it my duty and
province TO at once stop this work and remove
the distractions. without waiting until the out
rage was perpetrated and then invoking the
power OF the courts. The circumstances re-
lat called for some action on the part of your
| honorable board. by Which the company or
| companies shall be made, not alone responsible
| for the damages TO the streets and sidewalks,
but punished for their unwarranted and I'LL
lawful acts.
The North Beach and Mission Railroad Com
pany, If the only company inter eSted and re-
SpOnsible for the work done, has no franchise
allowing 1t 10 operate It's cars on Market street
by electricity nor has any other street railroad.
| In connection with this subject desire TO call
The attention OF your honorable board TO pro-
visions OF acts OF the Legislature. approved
February %, 1891, amending section 497 OF
the civil Code. and the act validating the
franchise in which electricity was included as
Que Of The motive powers:
s497. Authority to lay railroad tracks through
the streets and public highways of any incorpo-
rated city or town may be obtained tor term OF
years, Dot exceeding fifty from .he Trustees,
Council or other body TO whom is intrusted the gov
eminent OF the city town, under restrictions
and limitations and upon such terms and payment
of license tax. as the city town authorities may
| provide. In no case must permission be granted
to propel cars upon such tracks otherwise than by
electricity, horses mules, or by wire ropes running
under the streets and moved by stationary engines,
unless for special reasons in this title hereinafter
mentioned: provided. however that sucn uoard
or body in granting the right. at any time after
the same IS granted, 10 use electricity or any
| other OF said modes shall have power to impose
such TERMS restrictions and IN ltatfons AS TO the
use OF streets and the construction and mode OF
operating such electric and other roads as may by
such board OF body be deemed for the public safety
or welfare (as amended February %, 1891,
Statutes 1891, page 12l.
TRIcITY.-Section ]. In all wuere prior to
the passage OF this act authority 10 lay railroad
tracks through streets or pubic highways OF any
Incorporated city, city and county town has
been obtained for a term of years not exceeding
| nifty from the Trustees Council or other body to
whom was Entrusted the government of the city,
city and county or town. and permission has been
granted by such governing body TO propel cars
| upon such tracks by electricity. such authority
and permission shall be- and shall be held and
deemed as valid aud legal MS the same would have
been if. at the time of the obtaining thereof lsec
ton 497 OF the Civil Code had expressly declared
that permission might be given TO propeI cars
upon such tracks by electricity, as well as 10y
| horses, mules wire ropes running under the
streets and propelled by stationary engines: pro-
]
heretofore granted shall be subject to the pro-
visions OF The laws of this State applicable to
street railroads III general ana subject the same
regulations from city, city and county and town
authorities as if the said franchises were here
after granted.
There can be no doubt that any franchise
| granted prior TO the foregoing legislation in
49,. by which electricity was included as one
of the motor spowers that could be used, was
nugat0ry and required subsequent action by
the Board OF Supervisors to enable that motor
! power to be used.
The Importance in establishing some re gula-
| lions TO prevent any such high handed attempts
as mas been narrated. had the honor of cali
Ing your attention To in my message last Janu-
uary, IN the following words:
The Introduction OF electricity in the operation
OF streetcars is another source of danger. and it
may be questioned whether 1t is prudent action to
allow , such roads to use electricity aud operate
their cars by the trolley system in the business
aid thickly populated portion of our city while
all enterprises should be encouraged and their
interest protected, 1t does appear that. ii danger
Gus to life AID property, restrictions should
be imposed to insure the public safety.
some action is required on the part of your
| honorable board to so restrict the use of cleo
tricity, as II appears The trolley system is the
! one most favored and in general use. AL pres
| enl there are no general regulations which con-
! troll this matter. and while no privilege can be
exercised without some general regulations of
! your honorable board unless granted suisse
quent 10 the legislation Of 1891, yet attempts
OF this character may be made from time to
| time on the presumption that il such system
is constructed aud there be no express prohibit
tlou IiRHtS nave Dtcu acquired which cannot
| be disturbed.
l have the honor to remain yours respect
| fully, L. r. ELLERT, Mayor
After the reading of the communication
| Supervisor Dundon introduced the follow
ing resolution, which was adopted unani-
mously an d without discussion, six men,
bers of the board seconding it all at once ::
RESOLVED, That The action of his Honor the
| Mayor. III preventing the North Beach and Mis-
sion Railroad Company from tearing up the
/ DO yal kS n fGrr a~h
| taking and removing the poles erected thereon
| TO the Corporation Yard, be and the same is
hereby ratified and approved.
ReSolved, That his Honor the Mayor be and
| he Is hereby empowered IL in his judgment
| necessary, to employ special counsel to defend
the interests OF the city and county and 10
| prosecute the officers of said company for their
erect poles for the purpose of operating a street
railroad by means Of electricity.
Supervisor Dundon was ready with an
other resolution OH the subject at hand
which had for its aim the prevention of
any railroad corporation in the future
taking any such snap judgment as
was attempted on last Sunday morning.
1t read as follows:
Resolved, That no person or corporation to
whom there has heretofore been granted the
tracks on, through or upon the public streets
! IN the city and county shall, without permits
sion OF the board, run, operate or propel cars or
dummies thereon by means of overhead wires,
caDie or other electric conductor, nor by any
system requiring The erection or planting of
| poles or posts In the public streets, or the ruu-
ming or suspension or maintenance OF wires
hAF ala rio unfn ahntr ia.