The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-14
CHURCH, STREET SCANDAL
Attorney-General Fitzgerald
Takes a Hand by Way
of Protest.
THE FRANCHISE is A FRAUD.
Complaint Filed by the People
Against the Southern Pacific
Company.

Acknowledgement Fitzgerald yesterday
executed and delivered to H. P. Van
Duzer, attorney for the Church-streer I'M
provement Club, the formal documents
authorizing him to use the name of the
referred to yesterday to forfeit the fraudu-
lent franchise granted by the Solid Eight
of the Board of Supervisors to the Market
street Railway Company. That gentle
man Immediately filed the complaint.
The suit is entitled "The People of the
State of California, by w. F. Fitzgerald,
Attorney-General,e etc., at the relation Of
Dietrich Hoffman,, VS.. The Market-street
Railway Company"
1t is civil suit based upon the fraudu-
lent grant OF a franchise over parts of
Church street such as is proposed to be re-
peated on a more magnificent scale in the
case of Ocean House road and Sunnyside
avenue. 1t rests upon the same Identical
specifications of fraud.
The com plant recites that about the
18th of March the Market-street Railway
Company ''for the purpose and with
the intent to obtain false, fraudulent and
pretended grant of franchise to con-
struct a street railroad thereon, and with
the intent and design to prevent the law
of the State of California in that behalf
made and enacted from being carried out,
made an application to the Board of Super
visors to purchase a franchise ON said
Church and Ridley streets The
Market-street Railway Company fraudu-
lently and designedly intending to evade
the law of this State, which provides that
all such street-railway franchises and
privileges shall be sold at public auction
to the highest bidder, did cause and pro-
cure the Board of Supervisors to publish
the following advertisement"
Here is inserted in the complaint the
advertisement of the proposed sale of the
Church-street franchise as prepared by the
Market-street Railway Company and
which now contains the now famous con-
ditions under which the franchises are
offered at public sale' for the exclusive
benefit of the Market-street Railway Com
pany, namely. that the road, when and by
whomsoeveI purchased, must be operated
as an extension of and adjunct to and n.
connection Nth street railroads aaoa0 OWned
and operated by the Market-street Railway
Company.
The complaint goes on to state that on
April l5 the defendant, in pursuance of it's
plan to evade the law, caused the board to
pass what purports and pretends to be an
order granting franchise, etc.
The complaint alleges that the Board of
ity of law to pass this order and gives five
reasons.
First-Because the franchise had not been
advertised for sale to the highest bidder
or any bidder, or at all, as provided by the
laws OF the State OF California. Second
Because the order was not presented
to the Mayor for his signature, and was
not signed by the Mayor. Third-Because
the order was vetoed by the Mayor, and
was not passed by a vote of nine Super
visors in its favor over the veto. Fourth
That the order pretending to grant said
privilege and franchise to the de-
fendant is totally void and of no effect.
Fifth-Because said pretended order was
not published five days before it's final
passage, as required by law, on the order
OF the Board of Supervisors.
Finally the complaint alleges that the
pretended charter is illegal, void and of no
effect, because it is contrary to and in
contravention OF the provisions of section
SOP of the Civil Code of the State of Califor-
mia, as amended by the act of the Lesisla-
ture of the State of California passed Feb
ruary %, 1895, regulating the construction,
laying down, maintaining and operation
of street railroads in municipalities in this
State"
In the month of April, acting under this
pretended franchise, bought at public
auction " ca by the Market-street Com
pany, the street was taken possession of
and rails laid, poles erected and wires
stretched.
The court is asked to declare these things
a nuisance, the company be compelled to
remove them and forever enioined from
occupying the street in this manner.