The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-04
so SAY THE SUPERVISORS.
A Long Struggle Over Passing
the Franchise.
PROPERTY-oWNERs FAVORED
Motions to Delay the Matter De-
feated-An to 4 Vote Carried
1t Through.


afternoon between the Market-street Rail-
way Company. as represented by their ap-
plication for franchise 10 erect poles and
stretch wires for an electric railroad on
Kearny and other streets, and the Board
Of Supervisors. Motions we're made, res
olutions offered. arguments INDUCED in,
and there were intervals when it seemed
that the railroad company would get the
blacklist kind OF black eye.
But it didn't. After being knocked
about like football, the franchise came
out of the struggle smiling serenely, and 1t
seemed to say Thank you" to the eight
Supervisors who had saved if.
The streets over which the line will run
are as follows: From Sixteenth and Fol
som to Railroad avenue, to Kentucky street,
10 Fourth, to Berry, To Third. TO Market.
30 hea-ny, TO Broadway, to Powell to Its
termlOatlun; also from the junction OF
Powell and Montgomery avenue to Union,
10 Stockton, 10 Broadway. The tracks
have been nearly all laid, but no wires
stretched nor poles erected until the mat
ter of their petition had been passed upol
by the Supervisors.
Accompanying the petition for the fran
chlse was an appeal signed by nearly all
the merchants doing business on kearny
street, asking that the company be allowed
TO run the electric cars.
Supervisor Rogers spent the best part
of an hour in reading law, with a view 10
showing that the granting OF the petition
would not conflict with the State law for
bidding any Board of Supervisors from
granting any franchise OF speclaI privi-
leges three months before the expiration
Of their term of office. Mr. Rogers said
the matter was not franchise and could
legally be passed upon by the board. lie
,1. t,,T h. - flais, FRO.
chise the Mayor had no power over it.
The matter was solely in the province of
the board.
Supervisor Refs said that in his opinion
the present board had better let the mat
ter alone to avoid any insinuations of
wrOngdoing, and moved that the petition
be laid over until the second Monday in
January.
Supervisor DundOn stated that while he
was individually opposed TO overhead
wires, it seemed that they were getting TO
be something that could not be avoided.
lie agreed with MIR. Rogers as 10 the legal
aspect of the case.
Supervisor Denman gave il as his view
that the cOmpany's franchise called for
the operation of electric cars with modern
appliances. That franchise, If it was
valid. gives them the right to go on with
the work, and be could not see why the
railroad should come before the board.
rs n u OppuuCnk VI Tic N1odD w
business he wanted an explanation If the
matter. The company had asked for no
privilege on Mission and other streets. but
had gone TO work under the franchise and
placed their poles and wires.
Mr.. Rogers explained that the present
petition was TO prevent clashing between
the city authorities and the railroad COM
pany as in the asst in regard to The wires
and poles.
ITS useless to pass the motion now"
said Supervisor Stanton. These wires
have been shown to be dangerous. and
unless some precautions are mentioned IN
The order l will not be 10 favor of il"
Il move to postpone 1t for a week" said
Supervisor DundOn, but his motion. like
that of Mr.. Refs, got lost in the rush some
how.
Mr.. Denman then moved to refer II to
the Street Committee. This was put and
lost by a vote Of to >.
Supervisor James here stated that the
property-owners should be heard regarding
II, and be made motion that the property
owners be heard before the board.
Before the motion was put Mayor Ebert.
who was presiding. said he desired 10
make a slater ent. He said that the rail-
road company had, in its effort to boycott
KeaTny street, Overdone the matter. q
car had not been run on the street for
four weeks, whereas The franchise called
for one to be run every fifteen minutes.
The company mad violated It's franchise
and it was really forfeited. II was now a
question whether the company would be
allowed to run any car at all or no..
Mr.. James called for his motion, and
when put il was carried unanimously.
). ". Dixon, as the representative of the
Kearny-street merchants, made strong
appeal that the board grant the petition, so
that cars could once mora be run on the
street. as their business interests were suf-
fering. Over 90 per cent of the business
men and pTOperty-Owners had signed the
petition in less than i've hours after it was
circulated.
Supervisor Denman still battled again st
the matter going through. He amended
the motion to adopt the resolution granting
the petition by having it passed to print.
The amendment was lost by an to vote,
Supervisors Stanton, Refs, Hinton and
Denman only voting in the affirmative.
The motion to adopt then cane up and
was carried by the following vote:
Ayes-GoodwiD. Rogers, Kennedy, For
man, Ryan, Day, Dundon and James,.
Noes-StantoD, Refs, Hinton and Den
man.
Mayor Ebert stated after the meeting
that he would bring proceedings against
the railroad company to test the validity
of their franchise.