The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-10
NO ROOM LEFT FOR DOUBT
The City Legislators Are
Clearly FaVoring the
Corporations.
COMPETITION TO BE CRUSHED.
An Advertisement That Is Nothing
But a Misleading Form That
DeceiVes Nobody.

Is there a doubt in somebody's mind
that the majority of the Board of Super
visors really did violate the law when they
granted the petition of the Market-street
Railway Company and refused the petition
of the San Francisco and San Mateo Rail
way Company on Monday last?
Well, then, here is the law, read it. It is
given in full as showing its spirit, but the
lines italicized are directly in point:
An Act providing for the sale of rail-
road and other franchises in MUM cipa1i-
ties and relative to granting franchises.
Approved March 80, 1898.
The people of the State of California,
represented in Senate and Assembly, do
enact as follows:
Section 1. Every franchise or privilege
to erect or lay telegraph OF telephone
wires, to construct or operate railroads
along or upon any public street or high
way, or TO exercise any other privilege
SchGterer 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 district
within this State, shall be granted
upon the conditions in this act
fact that application for such
franchise or privilege has been made to
such Board of Supervisors, Common
Council or other governing or 1egisla-
lative body, together with state
ment that it is proposed to grant the
same, must first be advertised in one OF
more daily newspapers of the county,
city and county, city, town or district
wherein the said franchise or privilege
is to be exercised. Such advertisement
must continue every day for at least
ten days, and must commence at least
thirty days before any further action
of the Board of Supervisors, Com
mon Council or other governing or
legislative body. The advertise
ment must state the character OF
the franchise, or privilege, proposed to be
granted, the term of Its continuance, and
if a street railroad, the route to be ira
ceTsed, and the day ora tChicA tenders sciEL
be received for the same. On the day so
stated the board, or other governing
or legislative body herein mentioned,
must meet in open session and read the
tenders. The franchise, or privilege,
must then be awarded to TIE highest bid
der; provided, however, that nothing in
this section shall affect special privi-
Iege granted for a shorter term than two
years.
Sec. 2. Any member of any Board of
Supervisors, Common Council or other
governing or legislative body of any
county, city and county, city, town, or
district of this State 4cho, by his vote,
CiOtGteS, .Or attempts to violate, the provi-
sions of this act, or any of them, shall be
guilty of n nltsGenneGnor and of 7nGIfeas-
G1lce in office and be deprfred of his of
flee by the decree of court of compe-
iIrri sri fria
ton.
Sec. 8. This act shall take effect i'm
mediateIy.
1t is as clear as the English language
can make it that all franchises or privi-
leges for longer period than two years
to be granted by this City and County
must be offered publicly without condi-
tons and awarded to the highest bidder.
The law is expressly framed to defeat
favoritism and monopoly, and to yield to
the City a revenue from the sale of valu-
able franchises and thus reduce the gen.
eral burden of taxation.
1t is expressly stated what the advertise
ment must contain, viz: "The character
OF privilege, the term of its continuance,
the route to be traversed and the day on
Nothing is said about extensions to
franchises. The law knows nothing about
extensions. A franchise once asked for
and granted, the transaction is complete.
When other streets are to be occupied it
must be under new franchise. The
language of the law could not be more ex-
plicit. 1t says every franchise or privilege
to erect or lay telegraph or telephone
wires, to construct or operate railroads
along or upon any public street or hiqhway,
or to exercise any other privilege .Uhatever
shall be granted upon the condi-
tons in this act provided and not otherwise.
Now observe how the board-the major
atty OF the board-has attempted to violate
the provisions of the act
The San Francisco and San Mateo Rail-
road Company for more than two wears
past has been asking for franchise to run
its cars out Ocean House road-repeatedly
and repeatedly asking for it. It has been
before the two Boards of Supervisors pre-
ceding the present one and has been bv
them refused on the ground that the rail-
way would destroy the road as a drive.
Week after week the petition has been
urged before the Street Committee of the
present board and the petitioners were
distinctly encouraged by several members
of that committee, when suddenly the
Market-street Railway Company sends in
a petition covering every street affording
an outlet toward Ingleside. Presto! The
petition of the San Mateo Company is
summary refused and that of the Market
street Company as promptly granted-so
far as it can be.
If it is intended that the express condi-
tons of the law are to be observed-that is.
that this franchise be offered untrammeled
to the highest bidder-why was not the
petition OF one as good as that of another?
But it is not intended that the law in
letter or spirit shall be observed
The Solid Eight in the Board of Super
visors said openly in the meeting of Mon