The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-07

much for it as am sure the Market-street
Company had to pay for it. 1t could not
have cost them less than $4,000. Little
things like so-called extensions to fran
chises do not merely cost the $500 required
by the law, it seems. But have been bled
all L m going to be bled, do you seer But
it's little any one can get from the board
who takes that view of it. Why, one of the
members said to me in so many words but
few days ago, We are not in this thing
for our health, Joost. Understand that
The name? Oh no! I'm not going to give
anybody away by name. But paid moth
ing and L was turned down"
A. z. Van Duzer, one of Joost's attor-
neys, not only considers that the members
of the board are acting contrary to the law,
but that the City ordinance under which
they classify certain franchises as only tex
tensions" of other franchises is contrary
to the law, and all the franchises granted
under it are unlawful. Here is the State
law as he quoted it. 1t is an act of March
%, 1898:
Section 1. Every franchise to construct or
operate railroads on any publicStreet or high
way or privilege to erect or lay telegraph poles
be granted by the Board of Supervisors as is
provided in this act and not otherwise. The
fact that an application for such franchise or
privilege has been made to such Board
of Supervisors, together with q statement
that it is proposed to grant the same must first
be advertised in a daily newspaper for at least
ten days. Said advertisement must commence
at least thirty days before the franchise is Sold
The only things stated in the advertisement
are the character of the franchise, the terms OF
its continuance, the route to be trayersed and
the day on which bids viii be received. On
the day mentioned as the one on which the
bids arc to be received By the board the Super
yisors must meet in open session and read the
tenders The franchise must then be awarded
to the highest bidder.
Mark how the word "must" is used.
Section 2 of the act makes it a misde-
meanor punishable by imprisonment for
any member of the board to seek to defeat
the law.
The first railroad granted franchise
under this law paid but 81 for it-as it was
the only bid.
"There was public outcry at this and
the Supervisors passed an order providing
that no bid for new franchise should be
less than $4,000, and no bid for all extern
sion of q franchise over additional streets
should be less than $780," said Mr.. Van
Duzer. "The result is that the spirit of
the general law is defeated. No new fran
chises will ever be asked for, as they cost SO
much more than the new extensions that
only the holders of franchises will ask for
them. You will notice, further, that in
all the advertisements for bids for these
extensions asked for by the Market-street
company this language is used: That they
are to be granted and operated as an ex-
tension of and adjunct to and in connec-
ton with the railroads now owned and
operated by the Mar ket-street Railroad
Company.
"What inducement is there for any per-
son other than the Market-street company
to bid for the franchise2 Nobody else
under those provisions could get title to it.
at is claimed further by the railroad
company that when the bids are in the
board must grant the franchise to the
highest bidder without discretion or
further consideration. This Interpretation
cuts out the Mayors veto powers.
II hold this to be clearly wrong, for all
these proceedings are only preliminary,
Just as in the awarding of a street contract,
which is governed by almost the same
conditions, but to complete which, it is not
questioned, the Mayors signature is ne
cessary. The law must be taken in con-
junction with the consolidation act, Sec
ton 68 OF which reads:
Every ordinance or resolution of the Board of
Supervisors providing for the granting of any
privilege shall, after its introduction. be pub
lished five days and before it takes effect after
its passage shall be presented TO the Mayor for
his approval. If he approves it he shall sign
it: if not he shall deliver 1t to the board with
his objections in writing and it shall not pass
unless it receives the votes OF nine Super
yisors.
Nothing in the act of March %, '93, re-
peals or attempts to repeal or modiies
this section of the consolidation act, said
Mr.. Van Duger.
1.-THE method of the railroad companies
to obtain these franchises is to formulate
their application and present it to the
board with the advertisement and ordi-
nance, all of which is prepared at the
railroad Office. The advertisement of the
sale of the franchise contains the ordi-
nance. itself with its conditions. AS mat
ter of course only one bid is put in and
that by the railroad company that asks
for the franchise.
cat the same session of the board which
opens the bids resolution is offered grant
ing the franchise to the applicant. This
grant is made in the form of a resolution
to avoid the Mayors veto. This is in de-
fiance of the consolidation act, which pro-