The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-29

Celumbla place 10 Precta ayenur. thence along
frecita avenue and Army street to Colusa,
tnehce along Colusa street to San Bruno avenue.
tnehce along San Bruno avenue 10 Corllanu
avenue: also, commencing at tee intersection
OF IWenty-sxth and Folsom streets, along
1wen y-sixth street to Bryant avenue, thence
along Bryant avenue to Twenty-hitn street :;
also, commencing at the Intersection OF Army
street and Potrero avenue. thence along To-
lrero avenue To Twenty-ffth street, thence
aiohE 1WeDy-ffth street to Bryant avenue.
thence along Bryant avenue to Twenty-seennd
street, thence along Twenty-second street 10
foisom street; also commencing at the inter.
section OF Bryant avenue and IWenty-Secobo
street, thence along Bryant avenue to Cnanne
street, thence across Channel street TO Bryant
street, thence along Bryant street 10 second
Sreet; also commencing at the Intersection OF
Eighth and Bryant streets, thence along Eighth
stieet 10 Folsom street. connecting win the
company's tracks; also commencing at Ine III
tefstotlon OF Bryant and Second streets. tnence
a,ohc Second street 10 Folsom street, thehce
along Folsom street 10 East street, tlrnce
along East street to Market street ana Terry
landings. Franchise for term OF forty-one
years. Motive power, horses or mules. electric
motors or by electricity with modern ap-
pilanees and requirements, or wire ropes run
ming under said streets and moved by station
AIRY steam engines.
On April b. 1891. the Board of Super
Visors passed an order limiting the right 10
propel railroad cars by electricity In GER
tain portions of the city and county OF San
francisco. The district where electricity
could not be used was east of Van Ness
avenue and east of Eleventh street.
In February, 1892, the board passed an
order exempting the North Beach and Mis-
sion road from the provisions OF the
previous order as far as Bryant and Fol
som streets were concerned. The COM
pany then proceeded TO erect poles on Fol-
som streets. They were erected over year
ago, but have never been used
In September, 1892, the board passed an
order repeating the order limiting the right
to propel cars by electricity in certain dis
trict. 81 this ordinance being repealed it
cuts no figure in the case.
Now, the Omnibus Railroad recently
obtained control. by purchase and the
issue of 100000 worth of bonds, of the
North Beach and Mission road. and con-
sequently own all the company's fran
chses. BY the franchise of 1879 the COM
pany has right OF way from Eighth and
Market streets to the ferries. But In this
franchise no mention is made of electro
power. because it was not thought of in
connection with street railroads at that
time.
BY the franchise of 1859 the company
secured franchise extending its right of
way over other streets. such as Twenty
sixth street and Potrero avenue. LII this
franchise the company has the privilege
of using electric power
The claim of the company Is that the
last franchise giving it the privilege of
electric power in propelling cars applies
to the entire route of the corporation
Attorney Wood, representing the Omni-
bus Cable Company. was seen, and re-
ferred the CALL man to Attorney Herrin
in regard to the matter. Attorney Uerrin
had little to say, but stated that his COM
pany was acting under the Pesca fran
chise Of 1889.
a I'VE claim" he said, that the last fran
chise was supp ementary, and amendatory
to all the other franchises of the North
Beach and Mission road which were passed
before. Each is part of the other. and
they are one and the same"
Attorney Herrin refused to say anything
further than this, as he said he preferred
to argue before Judge. he stated that
the whole case was very complicated
one, and went over all the franchises ever
granted to the company. He said the