The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-12

way Company, George A. Grimes, serving
Loyalty the interests of his employers, held
the lines of the team firmly, refusing either
to vacaie the car or to pull ahead an inch.
However, he could not prevent the city
of San Francisco from removing obstruc-
lions from the public highways, and pretty
soon one of the curved rails upon which
the ''ierk-water" car had stood was torn
up, spikes and all, and then there was
some more lifting and sweating. 1t was
found convenient 10 arrest the aforesaid
timekeeper so as to get him ana MS COM
panion, meek-looklng driver, OH the car,
and after that it was an easy matter to
move the car out OF the way ana pun up
the remaining rail.
Mr. Ackerson, assisted by his deputies
and force of ninety men, was tearing up
the track of the Bush-street line. He was
acting uGdeT the following order from
Mayor Ebert:
SAN FRANCISCO. Nov. IL. 1893.
F-iIlidD1 ". AckersOn Esq, SuleT5nt e1ldeflt
of Public Streets and HiGhWdys-DEAR SIR:
j desire 10 call your attention TO the uuwar-
ranted and unlawful use OF Bush street. from
Kearny street to Central avenue consisting OF
a railroad track between those Two points,
which is an obstruction and nuisance on the
said street.
AS Mayor of the city and county of San Fran
cisco and under the authority OF the coDsolda-
tton act, the general orders of the Board OF
Supervisors and the common law. ii Is 1ncum-
bent upon me 10 call your attention 10 tue op-
struetiOn. and 10 direct you TO abate the same
in 4 summary manner by the removal OF the
distractions consisting of the rails so used and
tile apuuTIenances thereto, and TO remove the
same from the said street to the Corporation
Yard, or TO some other place under your con-
troll.
As the officer OF the municipality on whom
this DUTY Is imposed | desire 10 request you.
when the work is commenced, that the Ia Ing
up and removal of the rails be first performed,
and that due diligence be shown, SO that the
nuisance niay be speedily and ef1ectualiy
absted. l.. X. ELLERT,
Mayor Of the city and county OF San Francisco.
Ackerson chose the afternoon as a good
time, and as the upper end OF the line could
be more advantageously taken up, he conf
menced operations there. AT sundown all
the rails from the turntable at the terminus
on Central avenue to nearly Scott street
were removed. 1t was fun Tor the crowd
of boys and great satisfaction to the pro D.
erty-owDers.
The property-owners were not altogether
ignorant of the uses for which the track
had been laid. because about once day
it is freely said that now and then day
was missed-a car could be seen leisurelY
drawn by team of horses over it. The
car that was being removed yesterday
afternoon was one of the ancient vehicles
belonging to the Sntter-Street company.
and had the information bush street.
painted upon its dash. Ii had made one
round trip. and, remarkable as it may seem,
was making its second westward bound.
when all further progress was checked.
Perhaps the accident 10 DIR. Gerald L.
FitzgibbOn, who was thrown out of his
buggy the day before, the wheels having
been caught IN the Bush-street track, had
suggested to the Mayor that it was about
tune to take some action. AT any rate, he
prepared his order soon afterwaTd. aud
yesterdays work is the result.
The Mayor gives the following explana-
ton for his move:
On August 4. 1885. 4. Doble William Center
and W. H. Harrison obtained franchise for a
street railroad from Seventh ana Channel
streets, thence along Seventh street to Mars ct
street, thence along and across Market street
TO McAllister and Jones streets, thence along
Jones street 10 North Beach; also from Mar
ket and Bush along Bush street 10 Central ave
nue.. Slong Central avenue 10 Sacrament O
street along Sacramento street to First ave-
nue., thence along First avenue TO ID street, and
along ID street TO the ocean beach.
On July 90, 1888. the Sutter-street Railroad
Company filed a petition setting up that they
were the successors in interest nd the owners
OF the franchise granted TO Doble. Center and
others, with copy of 4 resolution OF the board
Of directors abandoning portion OF the route
TO wit: Commencing at the intersection OF
Seventh ard Channel streets, thence along
Seventh street TO Market street, upon aud across
Market street to the intersection OF MeAlister
and Jones, thence along Jones street To the
water 'front.' On Sentember 5, 1888. the board
by resolution No. 1908 consented TO said aban-
dOnment.
The Sutrer-street Railroad Company laid a
single track on Bush street and operated car
moved By horses TO suit their own interests,
and by this action asserted they were comply
ing with all legal requirements TO hold this
franchise.
The work was not commenced, carried on or
completed as required by law in the construc-
tion or operation of any portion OF the road
granted by the franchise.
The franchise is void because OF non-per
Torrance of its conditions.
The SutIer-street Railroad Company, while
alleging to be the successors in interest and
the owners of the franchise granted to Doble,
Center and others. while abandoning portion
of the route, did not abandon that portion OF II
along Central avenue TO Sacramento street,
Sacramento street 70 First avenue, First ayenus
10 ID street. and ID 10 the ocean beach.
On that portion of the route named mol
abandoned the company did not and have not
attempted TO lay tracks OF run cars thereon
Under section 500 OF the Ciyi Code this failure
worked forfeiture of their right of way as well
as of the franchise.
Under section 5O2 of the Civil Code work
must be commenced within one year and the