The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-25
ABOUT THE FRANCHISE.
Trustees Wish to Auction the
Rights on Fresno
Streets.
FIRST APPEARANCE AT BAR
An Action Fraught With Interest. In.
Volving Directly the Roads Flu.
ture Progress

For the nrst time in its hitherto uninter-
rupted course onward the Valley road has
invoked the aid Of the courts. It appears
as plaintiff in a proceeding brought in the
Supreme Court, and it asks for a writ of
mandate against the city of Fresno and its
Trustees.
The petition for the writ was filed yes
terday with the Supreme Court Clerk. 1t
Is brought to compel the Trustees of
fresno to act on the application of the
road for franchise through the city
streets.
The Trustees of Fresno wish to offer the
franchise asked for by the Valley road, for
bids, under an act of the Legislature passed
In 1898. This act was entitled: AN act
providing for the sale of railroad franchises
IN municipalities, and relative to granting
franchises" approved March %, 1898.
Section II of this act provides as follows:
Every franchise or privilege to erect or Law
telegraph or telephone wires, to construct or
operate railroads along or upon any public
street or highway, or to exercise any other
privilege whatever hereafter proposed to be
granted by the Board of Supervisors, common
Council or other governing or legislative body
. OF any county, city and county, city, town or
district within this State, shall be granted
upon the provisions in this act provided, and
not otherwise. The fact that an application
for such franchise or privilege has been made
10 such Board of Supervisors, Common Coun-
Gil or other governing or legislative body, to-
gether with a statement that it is proposed to
grant the same, must first be advertised
IN. one or more daily newspapers of the
county, city and county, city, town or
district wherein such franchise or privi.
lege is TO be exercised Such advertisement
must continue every day for at least twenty
DAYS and must commence at least thirty days
before any further action of the Board of Su-
pervisors, Common Council or other governing
or legislative body. The advertisement must
state the character of the franchise or privilege
proposed to be granted, the term OF its continu-
ance, and, If street railroad, the route to be
traversed and the day on which tenders will be
received for the same. On the day so stated
the board or other governing or legislative
body herein mentioned must meet in open ses-
sion and read the tenders. The franchise or
privileges must then be awarded to the highest
bidder; provided, however, that nothing in
this section shall affect special privilege
granted for q shorter term than TWO years.
Section provides penalty for any vio-
Iation OF this section. 1t is as follows:
Any member OF any Board OF Supervisors,
Common Council or other governing or legisla-
tive body of any county, city and county, city,
town OF district OF the State, who. by his vote,
violates or attempts TO violate the provisions OF
this act, or any of them, shall be guilty of
misdemeanor and of malfeasance in Office, and
be deprived of his Office by the decree OF
court OF competent jurisdiction, after trial and
conviction.
Section provides that the act shall take
effect Immediately.
Under this act the Trustees of Fresno.
advised by the City Attorney. Mr.. Moul-
trie, announced that they would submit
the franchise asked for by the Valley road
to open competition, as it was believed
they would be open to the charge of NAL
feasance ins Office. This course of proceed
ure is distinctly antagonistic to the road,
although individually the Trustees have
20 feeling against the new enterprise.
The Valley road must run through many
of the interior towns OF this State, and the
decision of this case is therefore of the ut
most Importance. Should the position of
the Trustees of Fresno be upheld in the Su-
preme Court endless trouble will result for
at every town the road strikes the fran
chise must be put up at auction and bids
received and the franchise must be won
by the road by the doubtful hazard OF be-
ing the highest bidder. 1t will also open
up glittering field for any one antagon-
istic to the road to enter the competition
and run the bids for the franchise up to
prohibitive prices.
The point of the railroads contention is
that the franchise of the Valley road is not
OH nd NV ho
statue in question. 1t will be claimed
that the statute gives to the governing
bodies it mentions, power to regulate only
such franchises as are entirely within the
territory of their natural jurisdiction.
Such franchise as the Valley road has, is
practically State institution, for it is not
limited to one city or town, nor to one
county, and therefore it should not be
blocked at every turn by local ordinances.
The right of the Trustees Of a town to re-
fuse or 20 grant a franchise IS unques-
toned, but the claim will be made that no
law demands that a steam railroad fran
chise shall be put up at auction the same
as street railroad.
The petition states the case clearly, and
is stripped of much of the legal re-
Qu0OdHCG WHICH, SCiiCi OPPOois' al
such papers. 1t was drawn up by E. f.
Preston, attorney for the Valley road, and
was filed by him yesterday. The text of
the petition is as follows:
In the Supreme Court of the State of Califor-
MIA.
In the matter of the application OF the San
Francisco and San Joaquin Valley Railroad
Company, for mandamus, vs. Columbus j.
Craycroft, Joseph Spinney, Francis NJ. Chitten-
den, Edmund L. Austin and william /. NC
Vey, constituting the Board of Trustees OF the
city of Fresno, respondents.
This petition of the San Francisco ana San
Joaq uin Valley Railway Company to the nom
orabic Supreme Court of the State OF California
shows:
That petitioner is corporation, incorporated
and existing under and by virtue OF the laws
of the State OF California, and by its incorpora-
ton is empowered and authorized to construct
and operate steam raiiroaddor the
of passengers and frelght JOE
hire between point at or near the bay OF oan
Francisco, in line generally easterly ana
to a point at or near the city OF
in the county of Kern, state OF
California, a distance OF TO wit: three hundred
and fifty $500 miles.
Thst at all the times and dates herein men,
sc ut n