The morning call., 1894-01-03
AGAIN THE GATES.
The Veto of Mayor Pardee
Is Sustained.
Some of the Correspondence That
Passed Between the Mayor and
General Manager Towne.

OAKLAND-At meeting OF the City Council
last night Mayor Pardee's veto OF the Dow
antigate ordinance was approved ana sustained
by vote of 20 4.
After the reading Of the Mayors message
MIR. Dalton moved that further consideration
of The veto be lostponed TWO weeks. Mr.. Bar
nard objected. 4 vote was taken and the mo-
ton was lost. The question of disposing of the
veto then came up and the Mayors position.
was sustained as follows: Ayes-Daiton Dow,
Manuel and Towle-4. Nays-Snen, Watkin-
son, Marshall, Barnard and Barstow.-5.
Mr.. Barnard introduced an ordinance pro.
viding for the maintenance of gates on air
steam passenger cars IN The city. The ordi-
nance was ia bled.
The ordinance requiring the maintenance OF
guards on all cars operated IN the city as pas
Senger carriers was read second time and
passed 10 print.
Accompanying the Mayors veto message
was read the entire correspondence that has
passed between General Manager A n. Towne
and the Mayor on the subject OF the gale or
Mayor.
The first letter was from Mr.. Towne, dated
December 20, date only few days subse-
quent 10 The passing OF the Dow ordinance. In
u MI. IoWne expresses his gratitude that lie
mayor did not propose TO sign the ordinance
until The expiration OF five days after its final
passage, with view OF atfording those inter
ested an opportunity in the meantime TO pre-
sent Such statement and arguments in favor of
or against the measure as may seem proper.
Continuing Mr.. TOwne pointed out that the.
maintenance OF the gates added 10 the expense
OF Inc service without any corresponding in~
crease in earnings, but said he was disposed to
continue the system for the public good. The
great fatality of the old system was shown and
a comparison favorable 10 the gate SYSTEM
made Mr.. IOwne SAID that the clergy and bet
ter element of Oakland, mothers of growing
children and others had urgently Indicated
their approval of the gates, which they G. aimed
were accomplishing a great moral good The.
Southern Pacific added its prayer for the maia-
tenance of the present system.
10 this letter Mayor PaTdee wrote a reply
dated december 81. In it he suggested that
there were Other circumstances than the mere
existence OF the GATES that must be taken into.
account The Mayor saiG that he was satisfied
that the maintenance of gates was not the only
means OF assuring safety TO life and limb. II
these gates were necessity, they should have
Deeh put on several years ago before people
had grown TO regard free riding a right, and
had built houses and invested money With that
IDEA III mind. To charge. fare now would
cnanse The entire complexion of affairs.
The evident purpose of this gate sYstem.p
wrote Mayor Pardee, "Is to enable the railroad
company TO evade by transparent device the
letter and spirit of the law in regard to collect
fng fares within the city limits. You now carry
passengers hire. The city government would
be guilty OF aiding and abettlng The Southern
Pacific Company in the evasion oil the law II it.
should 10 any way acquiesce In allowing the
gates 10 remain" q"
The gates were put on" wrote the Mayor,
simply as means TO enable you to eyade the
| law aud collect fares They were put on after
the fiier had irritated our people by running
at high speed through the city; they were put
ON alter the tencIug up of the foot of Castro
street; they were put on after the driving of
the piles i'll front OF the city; they were not put
on for the protection OF life udlmb" :
To this letter MIR. TOwne wrote a spirited
reply under date OF December 3d. He began
by saying that he wished ito correct the mac
curacies with which the Mayor was attempting
TO force his position in favor OF the gate ord-
nance First the assumption that the gates
Were attlXed TO the Seventh-street. cars to EN-
able the company To evade the law in collecting
fares In the city limits and not for reason of pro-
lection TO life and limb, as was stated. Sec
Ohd, the assumption and charge of a. plain
ana open violation OF the law. Neither of these
assumptions has any foundation. In point OF
fact 1t is an old homily, but truthful adage that
an argument founded on false premises must
read To Illogical and absurd conclusions. We
are not violating the laws and If we were that
is f1imSy preJext for you to infict the dangers
and annOyanceS OF the old system In Oakland"
With regard TO the assertion Lhattne gates do
not constitute the only method of avoiding:
train-jumDIug, Mr.. Towne said that in the
light of his 40 years experience as railroad
man be could say 1t was the only way. ''C0n.
Sequently," he concluded. 81 am satisfied that
this suggestion by you may also be classed
among the other assumptions In Your letter.
which are more imaginary than real" Mr..
TOwne added by way of postscript that lie
could not appreciate the logic of the suggeS-
ton that the gates should have been put on
years ago, the Il anspaiency of the contention
10 this respect becoming at once apparent"
The hnal letter In this correspondence is
from the mayor TO Mir. 10Wn9 In reply to the
foregoing. 1t bore date of December 20. Nj;
Pardee employed fine sarcasm, which he used
to emphasize the position he had previously
taken. He observed that If the gates were put
on solely Tor the benefit of life and limb. G
seemed that the manipulatngof this system
in the interest OF fare collecting would
have been of secondary Importance and
not pushed to this extreme. The Mayor then
laid down the law once more with regard to
collecting fares on Seventh street. Wrote the
Mayor: Tine terms Plain and open violation
! n ii a hA IN ctr
for this method OF whipping the devil around
the stump You suggest that the remedy fora
violation OF law is in the courts. True, but the
testing of your right TO eVade the Law and the
question of maintaining gates on the Seventh
street locals are two separate prOpOSitiOns."
Mir. Pardee said that he did not want TO do
an Injustice TO the Southern Pacific but thai
the connection between the railroad and the
waterfront company, etc, was so close that our
people do not take time to separate and segfe-
gate the actions of one from the other. In
conclusion he said that he did not want TO be-
offensive. but be must insist that the railroad:
respect the city's laws. =.