The record-union., 1894-07-28
ALLEGED RAILROAD INSTRUCTIONS.
Lincoln White Asks the Trustees to
Commence Suit.
a Committee Appointed to Confer
With the Company's Officials
on the Subject.


on Sixth street. Trustees Lawton, Wach-
horst. Kent. Davis, Devine, Leonard,
Pennish and Tozer were present.
The improvement of Third street from
4 to Y with gravel was ordered.
The Street Improvement Company was
granted thirty days further time In which
10 finish the improvement of Second
street, they having been unable to get
asphalt during the strike.
The claim of Mary Gomez for damages
alleged to have been sustained by driving
off the Y-street leyee was rejected.
The Clerk read communication from
the City Auditor stating that he had
footed up the assessment roll and found
it made total of Sl4, ,907, 800. OF this
ST, ,927 $50 was for real estate, S., ,407, 1915 was
for improvements, s., ,527, ,625 was for per-
soual property. There are 81, "A, $40 in
mortgages on the list.
The Chief of Police reported favorably
on the applications Tor saloon licenses of
Jochim y Lohr, 10l4 Sixth street; l.. b.
Greene, ia X street, and Walters IL Nc
Lennon, Union Hotel. They were all
granted.
The application of D. J. Considine for
license TO keep a saloon at $50 * street
was referred to the Chief of Police.
a report was read from the City Attor-
ney, stating that the Southern Pacific
Railroad Company had no right to OBJ
e;ruct Sixth street with scales, car
wheels, etc. They were granted the
right, both by the Legislature and by
city ordinance. to construct and maintain
tracks and switches on Sixth and |, and
to keep the tracks on those streets as near
as possible level with the surface of the
street, ana in such condition as TO OBJ
struct such streets as little as possible.
Devine SAID the presence of the railroad
company is an established fact, and there
was no need or wisdom in antagonizing
them. He thought that ii the property
holders on the east side of Sixth street
would build bulkheads on their property
there would be no need to put the COM
pany to the expense of fixing the street.
He thought that If the Superintendent
of Streets would interview the property
owners they would fix their part of the
street, and then Superintendent Wright
would no doubt be willing TO see that the
company did its share. He moved that
the Superintendent OF Streets wait on Mr..
Wright in reference to 1t.
j. Nj. Avery and others doing business
on that street presented a petition asking
that the tracks on Sixth aud l streets
be allowed to remain as they are. They
are great convenience to the business in
terests of the city. The cars are very
nandy to unload as they are, and there is
very little room for cars in the city. Mr..
Avery thought more room was desirable.
They, therefore, asked the board to dis
miss all requests for the removal of the
tracks. lie did not think, however, that
the property-owners could afford TO, or
would wish to go TO the expense of i'm
proving the street, as it would be very
hard on them, ana he thought they
would oppose it.
nevjue said his motion did not look tn
forcing the property-owners to improve
their property unless they wished to.
His motion simply required them to
build bulkheads.
LawtOn offered as a substitute to De-
vines motion resolution that the COM
pany be required to place the tracks on
sixth, from c to II streets, in such order
that teams can safely cross it all times,
and also to remove the scales, within
thirty days.
Lincoln White said the last board or
dered the distractions removed, but no
attention was paid to the order. The
City Attorney was then instructed to
commence suit for their removal, but did
not do so. The speaker went to San
Francisco and saw MIR. Curtis, who told
him that the railroad company needed
the ground and the scales, and he
thought Mr.. Lawton's resolution would
be useless. With regard to improving
compelled to do so and make good side
walks there. There is no part of the city
where sidewalks are more needed or
used. This is not the question, however.
1t is whether the company shall be COM
PEELED to remove these Instructions or
not. He asked The board to pass a reso-
luton instructing the City Attorney to
bring suit against the company to compel
their removal.
Devine opposed such resolution until
the board knew whether the property
owners were willing to improve their
property or not.
Pennish thought Lawton's resolution
too far-reaching, as it laid the company
liable in case of accidents.
Iiawton said that would be question
of law. He thought the street should be
fixed, as il would give more room to un-
load cars. He favored Whites resolution
rather than his own.
Leonard said that Mr.. ellis had stated
TO him that the railroad company was
anxious to settle the matter and stop the
Wrangle. Mr.. Gillis aiterward stated that
he had received a letter from Mr.. Curtis,
stating that the company would fill up
the street much more cheaply than any
one else could, II the property-owDerS
would pay for 1t.
He stated, however, that the company
wished 10 use the west side of the street.
and intimated that if they were compelled
to vacate it the citizens of Oakland had
offered them all the land they wanted
down there.
Tozer suggested that resolution of in
tention to improve the street be passed,
and if the property wish TO i'm
prove 1t, all right; if not, they can say so.
Richard Corsaw said the street III front
of his house was so obstructed that he
could hardly get into it. Soldiers hardly
allow him to do so, and he would give
any of the board SIS who could get into
his house tonight.
Lawton's motion was lost by vote of
4 to 3, Wachhorst not voting.
LaWton then moved the adoption of
the resolution prepared by White, that
the Corporation Counsel and City Attor-
ney bring suit if necessary to remove the
obstructions in the name and at the ex-
pense of the city.
Leonard did not wish to plunge the city
into lawsuit, and he thought this the
only way to accomplish this end.
Devine wished 10 wait a few days till
an answer from the company could be
received, and not be in a hurry to COM
mence suit. Mr.. Wright had said to him
that be was willing to do what was right
IN the matter.
Davis moved that a committee of three
be appointed to confer with Mr.. Wright
and see If the company will clear the oD-
structions from the street.
The motion was carried. Tozer and
Lawton voting no and Leonard declining
to vote.
Kent. who was in the chair, appointed
Davis, Deyine and Pennish. Pennish
declined, as did Tozer and Wachhorst
''Well," SAID Kent, ''PH go myself, if
there is no objection, although have no
pull"
A resolution of intention to improve
Sixth street, from e to H was laid over