The morning call., 1893-06-03
ELECTRIC POLES.
The Judiciary Committee
in Doubt.
Startling Discovery of Portion of
the North Beach Franchise
Not Known to Exist.

A regular sensation was created In the
Board of Supervisors yesterday. at a meet
ing of the Judiciary Committee.
The question before the committee was
the Mayors message of last Monday night,
asking that the board take some action to
prevent any railroad company from erect
ing poles for an electric road ON Market
street.
In looking over the records the original
franchise was found, and it was discovered
to be somewhat different from the one
which was published. The North Beach
and Mission road obtained two franchises.
One was in 1879, giving the company a
right of way on Market street, but not
mentioning electricity as motive power,
because it was not then in use.
In 1889 the North Beach and Mission
line procured another franchise, which
gave rights of way on other streets than
Market, and which conferred the privilege
OF using electricity as motive power.
This franchise. as published previously
and as understood by the Supervis ors, read
in a way that showed il only gave the eiec-
tric privilege on the rights Of way men,
toned in the franchise. 1t was held by
the Supervisors that the electric privilege
could not be extended back to cover the
Market-srreet right of the franchise Of 1879
But the discovery of yesterday upset thi S
position. In the original was found the
following. which has not yet been pub
lished:
Section -. 1t shall be lawful for said rail-.
road company. It's successor and assigns at Il s
or their option. on ali franchises oleiated by
said company, to nIopel cars over SAID railway
by the use on 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 en-.
gnes.
Supervisor James was of the opinion
that it would be hard to 90 behind this,
and that the only hope OF the Supervisor.
was a reliance on the Legislative act of
1891. which gives the Supervisors power
to regulate franchises. 1t reads as fol-
lows:
Authority TO lay railroad track-Electriclty-
Section /. In all cases where. prior to the pas
sage of this act, authority o lay railroad tracks
through streets or public highways of any in
corpOrated city, city or county or town has
been obtained for a term of years not exceed
ing fifty from the Trust es, Council or other
BODY 10 whom was intrusted the government
OF the city, city and county or town, ana per-
mission has been granted by such governing
body 10 propel cars upon ouch tracks by cleo
tTtclty, such authority and permission shall be,
and shall be held and deemed as valid and
legal as the same veuld have been II, al the
time OF the obtaining hereof, section 497 OF the
Civil Code had expressly declared that permis-
sion might be given to propel cars upon such
tracks by electricity as well as by hors, S.
mules or wire ropes running under the street
and propelled by stationary engines; provided
that all such permiSsions or franchises hereto
fore granted shalt b. subject TO the provisions
Of the laws OF this ST lie applicable TO street
railroads I'D general and subject 10 lie same
regulations from city. city and county and
town authorities as II line said franchises were
hereafter granted.
Supervisor Rogers said that he believed
the board had the power to regulate the
franchises. The matter was now in the
courts, where the vested rights of all par
ties concerned would be determined. A
mere resolution would not be OF much ef-
feet He said that whichever way the
board turned the Supervisors would step
on the corns of some railroad.
A resolution was read providing that no
electric poles be allowed to be erected after
the passage of the resolution, on Market,
kearny or Mon gomery streets.
The Dundon resolution was also read.
1t provided for the prohibition of all fu-
ture trolley systems in ali parts of the city
and county.
Supervisor James said that the question
limited itself to question of making a
district of prohibition. That was hard TO
do, as IL would be impossible TO please all
parties. He was in favor of taking no ac-
ton unit the courts decided the North
Beach and Mission Injunction case.
Rogers said that he WAS in favor of the
Dundon resolution, with the addition of
the word Overhead" in front of the term
electric lines.
The committee was unable to come TO
any decision In the matter, and took the
subject under advisement.