The morning call., 1893-11-22

franchise 1904, granted in 1890 10 Moffatt
Reinstein & Eisner. The wording of the
franchise is as follows:
Commencing at the ferries, at the foot OF
Market street. or at such other point as may
be designated by The Board of Harbor Commits
soners, and By nd With their consent along
East street north 10 Broadway; thence
along Broadway TO Powell street; thence
along Powell street 10 V.lejo stree !;
thence along Vallejo str ct TO Devisadero
street; thence along Devisadero street TO
Sacramento street; thence along Sacramento
street to aud across First avenue into Lake
street; thence along Lake street to Sixth ave.
nue.; thence along Sixth avenue TO d street;
IN nee along D street TO the ocean. Also
commencing at the intersection Of Eddy and
Market streets; thence along Eddy street TO
its intersection with DevIsadero street (when-
ever said streets are opened and graded
Franchise fifty years. Motive power horses or
mules, electric motors. or by electricity with
modern appliances and requirements. or wire
ropes running under said streets and moved
by stationary steam-engines
'"Hhs franchise" SAID the clerk, was
subsequently transferred to the Market
street Railroad Company. and by it to
the Con solidated Railroad Company, and
l suppose that company is building the
ROAD along Z st street."
The significant part of this franchise is
contained in the first few lines when it
says, ''or at such other point as may be
designated by the Harbor Commissioners.
and by and lritb their consent, along East
street north to Broadway
Secretary j. j. Keegan of the Board OF
Harb0r Commissioners was next seen anG
was asked the following questions:
bn 20 4ha
along East street from Broadway to the
ferries?"
SIT is being done by the Consolidated
Street Railroad Company, l presume. The
permit was granted TO the Market-street
Com pany."
''WhO granted the permit?"
''Why, the Harbor Commissioners"
Then the road is being constructed on
land over which the Harbor Commission
ers have cOntrol?"
certainly; else why should they grant
a permit" he replied, smiling.
But how about the State law which
provides that no such permit shall be
granted. and that railr, ad shall be con-
stEucted upon such land except by the
Hafbor Commissioners 2"
''Is there such law?" he asked, this
time not smiling.
He was informed that there was, and
then he continued, refectively:
"Strange that our attorney did not call
our attention to it. Whv, when the Mar
ket-street company asked permission to
run along East street it was granted with
out moments hesitation. | am sure /
knew nothing of such a law, and the Har-
Dor Commissioners would, no doubt, be
grateful to you if you would point it out"
So HE CALL points it out this morning
for the benefit of the Harbor Commits
sioners, the Consolidated Street Railroad
Company and the public.
1t is clear case OF an utter disregard of
the laws of the State.
In 1888 an act defining the waterfront
property was passed by the Legislature,
and IL stated that no corporation should
be allowed to place tracks on said prop
erty. One year later the Har Dor Commits
sioners violated the law by granting per-
NIT which the statute distinctly says shall
not be in their power to give. This is
proven by the terms of tie franchise a bove
given and by the testimony of Mr.. Keegan,
the secretary of the board.
Could anything be palmer?