The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-17
1T LOOKS QUEER.
City Advised to Keep Off
Turk Street.
"a
LET THE RAILWAY ALONE.
When They Lay the Single Track
Then Sue Them.
-. - j
ELLERTs MESSAGES SECONDED
But the Committee Winks the Other
Eye-lf Adopted, Sutro May
Fool Them However.

secure the forfeiture of the franchise of
the Market-street Railway Company.
The initiative was taken by Mayor FL
leri, the Judiciary Committee seconds him
ana leads the Supervisors up to the deci-
sive step.
II that body keeps in line and does the
thing that the Judiciary Committee ad-
vises it TO do then Adolph Sutro, when he
enters into the Office of Mayor, will find
legacy peculiarly to his liking, a weapon
at hand with which to smite the octopus.
1t certainly will require all of Mr.. ,Sutro,s
energy, however. to make the weapon eff
fectiye. Doubtless il is really intended as.
a blind and subterfuge under which the
railroad may secure what it desires.
Supervisor Rogers is chairman Of the
judiciary Committee and he is looked
upon as no enemy of the railroad COM
pany. He is an old man and lawyer
TWO reasons why he is properly chairman
of the Judiciary Committee. But it has
fallen 10 him always to introduce and
champion the measures that chiefly inter
est the railroad company. 1t was he that
introduced the general electric resolution
granting the right to The street railway
company to use electricity on any of its
storm of public condemnation Mr.. Rogers
withdrew. 1t was he that opposed the
water-works referendum with all his learn
ing in the law, and it is he that champions.
the spur track and the overhead cable
wire to the Southern Pacific offices.
However. it is he also, now, who sus-
tains Mayor Ellert's objection to the
substitution of the single for the double
track on Turk street; and he goes further,
and says that the act vitiates their con-
tract, and advises the city to engage eoun=
sci and attack it.
To take away the franchise for Turk
street means TO take the entire franchise
of the Market-street Company, and any
one will recognize this as very robust
undertaking. With a brand-new general
manager, an eXtensonist and strategist,
just arrived in town all untried. not an
extension and strategy yet to his credit, it
Is not to be presumed that the Market
street Railway Company will hand over its
charter and franchise just because the
city sees fit to begin suit 1t will prob
ably hire lawyer, too, and contest the
case.
Perhaps it is Mr.. Rogers intimate
knowledge of the laws delays and in
tricaces and the confidence he has in the
winning ways of the Southern Pacific
when dallying with the law that induce
this bold-looking advice.
The report advises against employing
physical force to interrupt the work of
the company. In other words, 1t advises
that the company be allowed. to 90 ahead
and tear up the double track and lay the
single track-which it is doing day after
day with all possible speed-and to rely
not upon present, handy and active police
force tn stop the work and secure the
double track but rather upon judicial de-
cision some time or other to forfeit the
company's franchise.
In discussing the matter before making
the report Mr.. Rogers stated that should
the city undertake 20 interfere there would
be no telling what might happen as an i'm
mediate result, but a lawsuit would be GER
tain to follow, and should the courts de-
eide that the railway company had the
right under their fran chise to do what
they are doing then the city could be held
for big damages for the delay or any other
damages resulting
And TO avoid possible damag any,
where in the dim future resulting from a
determination Oh the part of the city to
take care of its own streets and compel its
beneficiaries Che big corporations) tn a
proper respect Of the peoples rights and
to live within the laws laid down for them,
the committee prefers TO let the CORPORA
lions have their own way.
The question involved is new. In the
Bush-street case where Mayor Ebert I'M
dertoOk to pull up the tracks the reason
assigned was that the company really had
no franchise. The company enioiued him
and the case is still in court, the companv
being by that fact relieved from even the
pIeteDse of keeping up a car service which
they bad done before. There is, however,
a breach in the tracks.
Following is the text of the committee
report as drawn up by Mr.. Rogers: :.,
In reference TO the message of his Honor The
Mayor, your committee respectfully report that
In the year 1879. by order 1924 franchise
was granted 10 construct Turk street a
railroad either with single or double track
An acceptance by the grantees was dulv filed
March 10. 1879. Under authority of said fran
chise the grantees constr ucted double track
aud the cars thereon have been operated for
many years. IL appears, from the message of
The Mayor. that the double track is now being
taken up and il is the intention Of said COM
pany owning the franchise to construct on said
street a single rack. and this without any
authority other than may be contained IN the
original franchise. When franchise is given
10 construct a street railway between two
given pOinIs-which. of course, includes the
right of way over and along the streets named
the grantees are required 10 construct the
road the entire distance between the termini,
and when only portion of the road Is con-
structed this is In effect failure TO comply
with The provisions of the franchise and works
a forfeiture thereof. unless the uncompleted
portion is abandoned by the grantee with the
consent of the authorities granting The right OF
way. 1t would seem, therefore; that In the
present case the construction OF the double
track was an election on the part OF the gram
tees Of the franchise which will bind them, and
that single track canno. now be substituted
for double track, for This would in effect De
tantamount 10 an abandonment.
Assuming The right 10 abandon the double
track and substitute a single track, yet this
cannot be done unless the consent OF the au-
thorilies granting the right OF way is first OBJ
tanned.
As various questions may arise Involving ex-
pense without definite result In any physical