The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-03
HE KNOCKS THEM.
Mayor EIIert Again Hits
the Octopus"
THEIR LATEST BAD BREAK.
Still Doing as They Please With
the Streets.
RECENT LETTERS OF INTEREST.
Would Tear Up and Lay Railroad
Tracks at Their Pleasure-An
Unlawful Holding.
RECENT LETTERS OF INTEREST.


much annoyance to the Southern Pac fic
and the Market-street Railway companies,
which same are pretty much one entity.
The latest move of the company in doing
as it pleases, without regard to law or the
rights of the public, is in tearing up the
double slreetcar track on Turk street
to lay down single track in its stead.
AS this is direct violation of the terms
of the franchise Mayor Ebert yesterday
addressed the following official letter to
w. w. Ackerson. Superintendent OF
Streets:
Dear Sir: AS Mayor OF this city and county
desire 10 call your attention to the action OF
The Matket-street Railway Company in taking
up the double track on Turk street and appdr-
ently laying down single track OILY on said
street.
The franchise granted TO the Central Railroad
| Company by Order No. 1924 was TO lay down
and operate single or double track street
railroad on Turk and other streets. As the
company elected 10 lay down a double track
| ana 10 operate cars both ways for many yeats
| IL was an acceptance of and an operation of the
railroad III that manner and the right to have
| Sucn service IS vested In The public and cannot
! De abandoned. unless the franchise is forfeited.
You Will therefore prevent any such use OF
TURK or other streets, as such an attempL Is
unauthorized. Very respectfully,
L. Il. ELLERT, Mayor.
| At the same time aud in the same con-
| nectlon Mr.. Ellers also dispatched the
| following billet douX to the rket-street
| Railway Company:
Gentlemen: AS the successors of the Central
Railroad Company, who were granted a fran
chiSe by order No. 1924 on November ID,
| 1879 10 lay down and operate a single or
double track railroad on Turk street and other
streets, IL appears tnat some changes are being
made by you on Turk street without authority
and IN defiance of the rights of the people.
The franchise was utilized and double
! track railroad constructed, which has been
privilege
right being acquired II appears that you are
! about TO operate different system on said
| The double TRACES so long laid and operated.
and, as am Informed. propose to lay down a
single track upon which cars are to be operated
| by electricity only one way.
The franchise granted was, as stated, uttl-
lied by the construction and operation of cars
both ways, and it has become an inaenable
right OF the public TO this service by virtue of
this use,
The absolute manner in which changes of
thls character are made must certainly antag-
onlze every interest, both public and private,
against this arbitrary and unjust action.
The property along this street has, apart
from other considerations, value consequent
upon the railroad service being guaranteed and
on The service being both ways as heretofore,
but when after the construction and utilization
OF the franchise III his manner for many years
the right 10 have this service so continued be-
comes vested in the public and cannot be set
aside and done away with at your option, ana
IL Is highly questionable whether any sucn au-
thOrlly can be granted.
As the Mayor OF this city it is my duty 10 pre-.
| vent any such occupation OF the streets, and III
| view OF your operations the Superintendent of
| Streets has been notified by this department TO
prevent any such proposed unlawful use of
TURK or other streets Very respectfully,
l.. Il. ELLERT, Mayor.
The above was pretty good so far as it
| went, but the self-sufficency and au-
| tocracy of the Southern Pacific was work
ing its regular way in another direction,
and for that reason Mr.. Ebert wrote
another official letter as follows, which
was duly sent TO Fourth and Townsend
Streets
SAN FRANCISCO, Nov. ., 1894.
To the Southern Pacific Railroad Con.paHu-
GENTLEMEN: The Board of Sup rvisors. by
resolution Oil, third series, approved July
81, 1898. granted your company the right TO
construct a railroad track and maintain the
same for one year from September l, 1898,
along. upon and across certain streets from
point at OF near Lakevie and in Golden Gate
Park as specified in said resolution.
This privilege was granted for the accommu-
datiOn of exhibitors and for the transportation
of exhibits 70 and from the California Mid
winter Exposition. The condition imposed was
that on September l. 1894, or prior thereto.
your company should take up and remove said
railroad tracks. 1t is almost unnecessary for
me 10 state that your company has disregard
ed the condition imposed. and in so far as my
observation goes shows no intention to comply
herewith, but under the pretense that some
service Is Being rendered the Board OF Park
Commissioners the track has been maintained
and used and some efforts have been made to
| extend the time for removal.
Whatever the reasons, good faith REQUIRES
that you at once comply with the condition i'm
| posed and unless steps are Immediately taken
| ii will become my duty TO cause the rails to be
removed, which will certainly be done if within
| the next ten days the work has not been COM
menced and theoretically prosecuted, the
| tracks removed and The streets placed in as
| good condition as they were at the time YOU
! laid the tracks.
Very respectfully,
/. Il. ELLERT, Mayor.
| Last night Mr.. Ellert stated that he
| would not rest satisfied with wordy an
swers to these communications, but would
| insist on practical results even If it should
keep him up atunusual hours of the night