The morning call., 1893-12-05
THE PROPERTY CONFISCATED.
Mayor Ellert's Message on Street
Railroads.
OPPOSED TO ELECTRIC POLES.
The Supervisors Refuse to Recon-
slider Their Vote on Reis' Cas-
Reducing Order.

Supervisors yesterday, all of the mem bers
being present with the exception of Super
visor Rogers. The first of these was a
message from Mayor Ellert on the SUBJ
ject OF unused tracks. electric roads, the
streets and the failure of certain street
railroads TO pay , per cent of their receipts
into the public treasury. In it the Mayor
says:
desire 10 call The attention Of your honor
able board TO varials matters in connection
with The operation of street railway franchises
and 10 The Importance OF your honorable board
enforcing all he conditions and requirements
imposed upon the corporations enjoying these
franchises as embodied in the Civil Code OF this
State ana the orders of your honorable board
granting the same.
The conditions which should be observed
and enforced are:
Frst-That the portions of streets upon
which under franchise granted the rails are
laid should be operated ana cars run thereon
f0T the accommodation of the public
Second-That The portions of streets oc.
cupled by rails on which cars are not operated
ST all or only al such times as suit the conven-
lence OF The corporation and in no way Is an
accommodation 10 the public should be aban-
doned. and, il not abandoned within the time
provided, then proceedings should be taken
TIN ough the Attorney-G of The State,
and suit Instituted 10 have the right of way as
well as the franchise forfeited
Third-That The portions OF streets occupied
by street railways should be improved with the
same material as the other portions of the
streets, unless otherwise permitted by your
honorable board. but all portions of streets so
occupied should be kept and maintained in
trst-ciasS order and condition.
| desire 10 stare, IN addition, that notwith-
standing various franchises have been granted
providing for the amount OF per cent being
bald on gross receipts each year 10 the city and
county, no statements have been received from
any corporation except the California. street
Railroad Company. which has paid into the
treasury in the year 1892 on the gross receipts
of branch roads the sum of S3016 05. and in
the year 1893 the sum of S2S9S so. This evil
IDENTITY shows that certain corporations are not
liable or have been derelict il is therefore the
duty of your honorable board TO ascertain the
facts, and II liable I0 require statement OF
gross receipts and the payment of the = per
cent thereof from all corporations who, under
their franchises are obligated SO to do. The
Eluance committee OF your honorable board
can demand such statement and by It's exert
verify its correctness and through such an in
VeStlgaton as may be proper determine the
correct amount OF revenue to which the city
and county Is entitled; this is substantially a
provision of some of the franchises granted.
desire, further, to call your attention TO the
manifest injustice which, under the conditions
OF many OF the franchises granted, would re-
suit TO pToperty-owners in the event OF your
honorable board ordering the paving or inI-
proving OF the roadway OF any street upon
which railroad corporation has franchise
prior 10 tie laying down OF the railroad tracks,
as you are aware If the work should be ordered
or contract awarded the total expense of i'm
proving tile roadway would be imposed upon
the property owners. No such Improvement
Oh any such street should be projected until the
RAILROAD corporation lays its tracks Or aban-
dons that portion of its route.
AS your honorable board has been advised, It
Is my opinion that there never was any inten-
tion on the part OF the city and county in the
orders granting franchises for street llroads in
which cars might be operated by electricity or by
electricity with modern appliances and require
ments. 10 confer the power TO erect poles on the
public streets and overhead wires and propel
the cars by whaI Is known as the trolley sys-
TEN. The in ention of your honorable boar d,
as expressed from time 10 time in the past. I'm
requiring overhead telegraph and telephone
wres also electric lighting wires and wires for
other purposes 10 be placed under ground aud
repeated refusals 10 permit of the erection of
any additional poles or wires for any Of these
purposes, was for the reason that apart from
the Inconvenience and obstruction OF the streets
by the erection of poles and overhead wires,
il was dangerous TO life and property.
This action indicates very clearly to my mind
II was not the intention by the terms used in
these franchises TO allow electricity to be used
as the motive power 10 permit OF the erection of
poles and overhead wires, and in my Judgment, it
necessarily follows that the corporation, having
these franchises have no such power, as the
same was not expressly granted.
In This city the introduction of the trolley
system would be, in spite of all reasonable pre-
caution. fruitful source Of danger; life and
property would be constantly IN ieopardy and
under no reasonable construction can priyi-
leges OF this character be assumed 10 be con.
ferled unless specially granted by the fran
cbise.
The lives and property OF our citizens cannot
be presumed TO be put in jeopardy because the
trolley system IS the cheapest mode OF operai-
ing cars; the facilities and accommodation de-
maDded by ana for the travelling public are and
can be well provided for by other means which
reduce he risk and danger 10 the minimum,
and for this protection the public look to your
HONORABLE board. Having been informed by tie
MarkeI-street Railway Company that il is the
Intention to operate a portion OF their road
notably on Mission street, by The trolley sys-
fHm haU ed no jfu and
Attorney 10 bring suit against said company to
enjoin them from the erection of poles and
wires upon the public streets, so that a legal
determination OF the rights and privileges in
that particular may be had.
The enterprise OF our railroad corporations
IN the extension OF their lines has greatly bene
nied the city and county, and our present
street railway system is, on the whole, credit
able, but no just complaint can be made why
they should not be compelled to live up 10 and
abide by the conditions which they voluntarily
assumed in obtaining their franchises.
In conclusion, deem 1t proper TO state that
owing TO misconcepti0n of my action
purpOsed Misrepresentation in the matter OF
lie removal OF the street railroad tracks on
Bush street, / desire to relterate 'that the lay
ing down OF said tracks on said street was
without authority, and that DO person or corpO-
ration possessed the right so to do, and The
tracks on said street were an obstruction pure
and simple" Respectfully submitted,
l.. X. ELLERT,
Mayor of the City and County of San Francisco
The second communication was from
City and County Attorney Surveyor Fitz-
hugh and referred to the scheme which
passed the Board of Supervisors some time
ago and resulted in The confiscation of
number Of homes. The manner in which
the matter was worked through the board
was presented through the columns Of
THE CALL. City and County Surveyor
Fiizbugh investigated the matter and
the following interesting communica-
tion from him will show the property
owners that their interests are not entirely
forgotten. Surveyor Fitzhugh says:
My attention has been called to what ap-
pears To me 10 be most fragrant outrage, per.
petiatrd, am sure. unintcDIionally. by most
OF the members OF ibe Street Committee upon
number OF poor. uniformed citizens who
not yersed IN the matter of looking out for
Their own interests In this board. but who are
nevertheless being legally robbed of their
homes aud all that they possess.
/ refer 10 lie Improvement of Polk street,
between Greenwich and Lombard. making
cut through The hill of over 53 feet-a cut 16
leet deep-r than that on Second street at the
HarfiSoD-strret bridge.
1nis Improvement would be OF great benefit
TO Polk street, as ii would make thoroughfare
from Market street to lbe bay. and it should
pay for the cutting The cost would be merely
nominal, not TO exceed 81 on each front foot
i do not tblnk that a man who is elected by the
people TO protect the interests of that district:
fvt1l utitI, uac nntt..f f<Nf