The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-25
THE VALLEY ROAD IN THE SUPREME COURT,

! the banks OF the Stanislaus River, a distance OF
20 Wit: twenty-five t25) miles; and it is the in
: tention OF the petitioner to diligently and con-
| lnuously prosecute the construction of the
! same through the city of Fresno to the city OF
Bakersfield, in the county of Kern, as petitioner
| Is advised and believes it has a right to do by
virtue of its charter and the laws of the State
of California
That the road of petitioner has always been
located in the county of Fresno, State of Cali
fornia. and continuously from said city of
Stockton to said city of Fresno, and that it is
necessary for the proper operation of said road,
and that it may be operated to the best advan-
tage and to the greatest benefit of the people OF
/ the State of California that the same should be
located in said city of Fresno as follows:
From point beginning at the southwest
corner OF the Shanklin Addition TO the city Of
Fresno, thence on curve with radius of TAG
feet across Silver street and Tuolumne street,
and after crossing block 150. across the east
side of Q street 20 the center OF street, at the
intersection of MERGED street, thence on the
center line of Q street to the east boundary of
the city; also for two side tracks, one eighteen
feet from center of @ street on the west side,
and one fifteen feet from the center of Q street
on the east side, from Tulare street TO the east
boundary OF the city; and also for side tracks
across Kern, Inyo, Mono, Ventura and Santa
Clara streets on each side OF street, TO con-
meet the tracks 10 be laid on blocks IA, 143,
142, 141, 40, 159, 157, 156, 155 and 154.
That it is necessary for the successful opera
ton of said road and in order that it may
serve the convenience OF said people of the
State of California that said railroad should
enter the city OF Fresno, and should proceed
through said city a. fit and proper point and
by mt and proper route, in order to accom-
pl1sh the purpose for which said corporation
was incorporated, and which purpose it was
authorized to perform under and by virtue of
the laws OF the State of Celifornis. 10 wit: The
operation OF q steam railroad for the trans
portatlon OF passengers and freight from some
point at or near the bay of San Francisco in a
line generally essterly and southeasterly to a
point a or near the city of Bakersfield, in the
county OF Kern, State OF California, and that
said route hereinbefore described is fit and
proper route for the purposes aforesaid.
That the city OF Fresno is municipal cor
poration OF the fifth class, organized and exist
ing under and by virtue of the laws OF the State
OF California, and that the defendants, at all
the times and dates in this petition mentioned,
were and still are the duly elected, qualified
and acting Trustees constituting the Board OF
Trustees of said city of Fresno.
That petitioner is informed and believes and
therefore AYERS. that under and by virtue of
Trustees of said city is authorized to permit
the laying of railroad tracks for a steam rail-
road in and upon the streets in the city of
Fresno, and that 1t Is empowered to grant such
permission in the interest of the public, 10 the
end that it may limit the use of the streets of
the municipality by steam railroads to such as
are fit, proper and necessary streets in the
judgment of said board for the proper exercise
of the powers of such railroad corporation
,rIa- 49,.
is the duty OF said Trustees, devolving upon
them by law, to act upon applications for such
privileges and to determine the same for The
best interests OF the inhabitants of the munich
pality and the interests and convenience OF
the people OF the State OF California.
That heretofore, to wit: upon the 10th day
OF December, 1895, your petitioner, by its ap-
plication duly filed with said Board OF Trus-
tees applied thereto for permission to con-
struct the said road over and across the streets
hereinbefore mentioned in said city OF Fresno,
for the purpose Of operating and maintaining
steam railroad as hereinbefore particularly set
forth. That upon the receiving of said appli-
cation by said Board OF Trustees said Board of
Trustees refused to take action upon said appli
cation, and refused to pass upon the question
as to whether said streets hereinbefore named
were fit and proper streets upon which to To-
cate petitioners said road, but by resolution
regularly passed at meeting OF said Board of
Trustees, holden upon said 10th day of De-
cember. 1895, said Board OF Trustees did re-
solve to make advertisement in one or more
daily newspapers of the city of Fresno for at
least ten Q0J days, commencing at least thirty
800 days before any other action would be
taken by said Board OF Trustees, and TO
state in said advertisement the character of the
privilege which said Board OF Trustees pro-
posed to grant, to wit: The right to operate
steam railroad over, along, across and upon
the said streets hereinbefore named in said
city OF Fresno; and also by said advertisement
appointed day upon which tenders for the
purchase OF said proposed privilege would
be received by said Board OF Trustees and
said board threatens and intends and Will
proceed to make said advertisement as herein
before stated, and upon the day named
in said advertisement for the receipt of
tenders, wall open said tenders and will
thereupon grant to the highest of such bidders
the privilege of operating a steam railroad
over, along and upon said streets hereinbefore
named in said city of Fresno, and that such
grant of such privilege will be made without
any regard whatever to the convenience and
service of the people of the State of California,
and without regard as TO whether the use OF
said streets by your petitioner is fit and
proper use thereof, but that the right TO con-
struct and maintain said road upon said streets
hereinbe mentioned viii be granted upon
the sole ground that such bidder is the highest
bidder therefor
That there is no other corporation or person
or persons that purpose building steam rail-
road from between the termini of plaintiff or
over the whole or any portion of said route as
located by plaintiff, nor has any other corpora
ton or person or persons made any applica-
ton to said Board of Trustees for the priv
ilege of operating steam or any kind of rail-
road over the whole or any part of the route
here inbefore described. That there is not and
cannot be any other bidder or class of bidders
for the privilege covered by the application of
this petitioner, but that bid for the privilege
proposed to be offered for sale can only be
made for the purpose Of preventing the con-
struction of a steam railroad by petitioner
as aforesaid, and not for the purpose
of affording the people of the State of Cal
ifornia increased facilities for the transporta-
ton of passengers and freight by an additional
steam railroad between the points hereinbe-
fore named.
That should said board proceed and sell to such
highest bidder, without regard to the rights OF
the people of the State OF California, of petit
toner or TO the convenience or necessity for
such use as aforesaid, to wit; the right TO OPP
crate a steam railroad upon and along the
streets hereinbefore named, in said city of
Fresno, it would infiict and your petitioner