Arizona republican., 1894-06-27
STILL STUCK. Another SeanCe With the
 MaSten Franchise. The Council Listens to
 Lots of Language
Proceedings of the Council
 Hinged With Excitement.
The Matter Laid Over Until Tomor- row Night When It's Fate
 will Be Decided.

The Masten franchise is still sus- pended between heaven and earth at about the same altitude it held 8 week ago.
 The city council met last night pre- sumably with the object of settling it one way or another. The council cham Der was crowded by excited citizens and property owners and lawyers who had come to see and take part in the settling. Such crowd in point of mum bers and 1terest had never before lntruded Upon the deliberations of a counci. of Phoenix.
 As soon as the matter was opened Judge Campbell presented the obiec- tions to the ordinance. It was taken up section by section and held in dis paraging light. The objections were first and generally that such fran chise was neither desirable to the property owners of Phoenix nor needed.
 Second, that the ordinance had been drawn to befog the council and with view to release the grantee from the effect of any penalty for violation of any of its terms. He closed with an accusation that the real object of the applicant for the franchise was to em- barrass and interfere with the opera tions of the approaching north and south road and showed how by the passage of the street car line along Jackson street the former line could easily and efectually be obstructed. He waded recklessly into the history of the methods of the Southern Pacific of which he said Col. Masten's road was the illegitimate son. He recited an expression alleged to hava beer made by Gol Masten re- gently in the office Of Maj. Evans in which it was said he stated that re- suit of the franchise would no doubt be litigation with the Santa Fe.
 Col. Masten interrupted him and de- nied having made such remark. Mai. Evans who was present replied that he had said so and an angry and threaten ing altercation between the gentlemen ensued.
 Gen. Sampson next addressed the council in favor of the franchise. He enumerated the inconsistency of the obiectors and showed in brief and eloquent speech the advantage to be derived by the city in granting it. He showed with equal clearness how no damage to the city's interest could grow out of the granting. He met the principal objection of the opponents by agreeing to submit @ substitute section providing that along Jackson street the franchise should grant single track to be placed under the direction of the city engineer at the aide of the street so it could in no way interfere with the north and south roads rights.
 Messrs. l.. H. Chalmers and P. J. Cole also represented the objectors and dwelt more particularly upon the ex- ample of other cities which had sui fered from too close contact with rail- roads. A telegram was also read from Hon. J. A. Fleming now In Denver, protesting against the granting of the franchise.
 Judge Kibbey closed the case for Col. Masten. He effsctually met every objection, legal and econo- mic, showed the groundlessness of all in points of fact and probability and sarcastically alluded to that particular one that the franchise would introduce dirt, smoke, hustle and noise through the present sleepy thoroughfares of southern Phoenix. As to the chief and particular objection of interference with the north and south road he said that he had himself drawn the original ordinance providing for the franchise on Jackson street. When he learned that the north and south roads right of way lay along that street he begged to be permitted to chaDGe his ordinance su bstituting Madison street for Jackson. Other objections to the ordinance he said were entirely technical and their removal would in no way affect the purpose for which the franchise was de- sired. He would therefore agree to su bmit to such changes in phraseology as would silence the objectors.
 Judge Campbell replied and the mat. ter was again considered by the coun. cil. Alderman Lacy said that it had not been intended to pass the ordi- nance in it's present form, at least not
 until it had been submitted to the city attorney. This had not been done for
 the reason that the committee had not
 fully decided that the measure would
 be passed ill any form. It was almos;
 agreed last Saturday to report it favor. ably and now he recommended that ii
 be put into the hands of the attorney
 for preparation. His motion was adopted and the council adjourned un- til next Thursday night.