The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-28
TO FORFEIT A FRANCHISE.
The People and Colonel Warfield
Join in the Action.
RUNNING ONLY ONE CAR DAILY.
Tracks Along Bush Street and Cen
trail Avenue Have Never Been
Operated Upon.

Suit has been filed in the Superior Court
by the People of the State of California
upon the complaint of r. Fl. Warfeld to
declare forfeited the franchise obtained
by the Sutter-street Railroad Company for
the maintaining of tracks and switches CD
Bush street and Central avenue.
The complaint recites the granting of a
franchise by the Board of Supervisors on
August 4. 1885. to Abner Doble. William
Center and William Hanson. by which the
grantees were permitted to construct and
maintain railroad from the intersection
of Market and Bush streets. thence along
Bush street to Central avenue, thence to
Sacramento street, to First avenue, to d
street, to the ocean beach. Doble, Center
and Hanson that same year organized the
Bush-street Railway Company, and in
April, 1888, the enterprise was merged in
the Sutter-street Railroad system.
1t is stated that the work Of construct
ing the road was not commenced within
one year from the granting of the fran
chise, put that after the Sutter-street Com
pany had obtained control it commenced
to construct street railway on Bush
street, from kearny street to Central ave-
nue., and thence TO California street, but
not along the streets and avenues de-
scrlbed in the order passed by the Board
OF Supervisors.
the tracks have been duly laid down the
work OF operating railroad thereon has
never been begun, save in the running of
a single car once every twenty-fOur hours,
and that only ''for the purpose of holding
the franchise and of obstructing said street
and preventing the use thereof by the
public, and preventing the granting of
cnPh q right nr %franphiSQ IN
street railways upon said streets as would
be of benefit to the public" 1t is stated
that the cit Zens residing on Bush street.
including The plaintiff, r. Ii. WarfieId who
is proprietor OF the California Hotel, are
much put out by the refusal of the grantees
of the franchise to carry out the purpose
for which the privilege was accorded them.
"Neverth eless," says the complaint. "the
defendant company continues to exercise
the franchise of keeping and maintaining
the tracks and switches of its said street
railway upon said portion of Bush street
between Kearny and Webster streets,
and upon said Central avenue between
Bush and California Streets"
Bush street is described as a public high
way and, as such, open to the use of all
the citizens of San Fran cisco, and OF all
the people of the State, and all such peo-
pie have an interest in the franchise
granted by the order of the Supervisors
streets and avenues.
Wherefore" demand the plaintiffs.
plaintiffs pray that defendant be re-
CURED to show by what right it exercises
or claims the right 10 exercise tie fran
chise of maintaining the tracks of, or of in
any manner operating or maintaining a
street railway. or any part thereof. upon
any portion of the streets and avenues
hereinbefore described, and that the de-
PENDANT be adjudged to usurp and unlaw-
fully exercise the franchise of main tanning
tracks and switches of street railway
upon and along said Bush street and
said Central avenue, and that the defend
ant be by such judgment excluded from
the franchise and privilege of maintaining
and operating any street railway or any
part thereof upon or along any of the
parts of said streets and avenues described
in said order 1928. and that all the fran
chiSes or rights described in or granted by
said order be adjudged and declared for
feted, and that fine be imposed on the
defendant not exceeding S5000 and that
plain tiffs have and recover such other and
further judgment as may be proper in the
premises"
The people are represented by Attorney
General Hart, while the plaintiff. War
field, has employed the law firm OF Free
man q Bates 10 represent him.
The above suit is the outcome of the
report of committee appointed by the
Merchants Association to inquire into the
Bush-street franchise. The cnmmitte re-
ported that good ground existed to regard
the franchise as forfeited.
Colonel R. Ii. WarfielG. proprietor of the
California Hotel, was seen last evening re-
lative to the action just begun He said
that of course all the property-holder
were more or less interested in the matter.
but that he thought he Individually had
more reason for complaint than any of
them.
after the estate which owns this hotel
property has gone to the large expense
necessary to paving the sides of the street
with bitumlnous rock" said he, I'VE don't
wan those unslghtly and noisome bouId-
ers in the middle of the thoroughfare.
Many of the property holders are in favor
of an electric line while many others
are equally in favor of a boulevard. AS
for myself, while | would rather have an
electric line l would be satisfied with
either of the two. What we want is the
removal of those unused tracks aud the
substitution of either line that can be
utilized or street to which travel would
be attracted.
"The present condition of affairs is pro.
voking much unfavorable comment from
residents all along Bush street. The tracks
are Of absolutely no service and lying idle
as they do are depreciatIng the value of
surrounding property. | believe the case
against the company is a good one and
3 In