The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-08
SOUGHT A FRANCHISE THROUGH A BROKER,

paid the City the price 10 De CndTgeQ tne prop
erty-owners was a factor in the bids, as the
statute of 1898 provides that the highest bid
der must take the franchise, and that cannot
be determined, as the price to be charged the
property-owners was not fixed in the order
containing the conditions or in the advertise
ment calling for bids, but was determined by
the bidder, being thus at variance with the
statute.
Your committee are therefore in favor of re-
jecting the bids and of directing the clerk TO
readvertise for proposals under specifications
to be adopted by your committee, which will
be prepared and the rate TO be paid for each
cubic yard of garbage, ETC., to be cremated or
otherwise disposed Of fixed in the order. thus
allowing the bidders TO estimate and state
specific sum which they will be willing to pay,
and thCs conform to the statute, as well as
enabling the board to determine the highest
bidder.
Continuing Mr.. Williams said:
Now, we claim that the board had no right
to reject the bids. as there is nothing in the
statute referred to which requires the bidder
for a franchise to state what he proposes TO
charge when performing the duties provided
for in the franchise The statute covering the
matter is perfectly clear and explicit. 1t says;
The advertisement must state the character of
the franchise or privilege proposed to be granted
the term fits continuance, and, If street rail
road, 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
other legislative body herein mentioned must meet
in open session and read the tenders. The fran
chse or privilege must then be awarded to the
highest bidder.
You will see that nothing is said relative to
charges by the recipient of the franchise, and
the advertisement and bids certainly complied
with all the other terms of the statute. In
view OF these facts, we claim that the franchise
could have been granted to u.s. the statute be-
ing in effect mandatory on the board, instruct
ing that the franchise "must" be awarded to
the highest bidder.
"What would 10 per cent of the franchise
mean to Mr.. Pr was asked at this
point.
"Well, the company was to be incor-
porated with 1000 900 worth OF capital
stock, and was to Immediately erect plant,
to cost not less than $3.50 1000, and one
tenth of the capital stock would have gone
to Mr.. -, including, of course, one
tenth ownership of this plant. He would
also have been entitled to one-tenth of the
profits. He would not be subject to any
assessment for erecting or maintaining
the plant, as all his stock would be paid
up.
1t was at this juncture that Mr.. Williams
came to a faint realiZat ton that he had
perhaps talked too much, for he remarked
in a casual manner:
II wouldn't say anything about Mr.;
IS connection with this matter. All
I'd like to see you do is to go for the Solid
Eight. Our people don't want to fall out,
l am sure, with Mr.. - and don't think
it would suit them just now to have him
connected with the matter. l only want
THE CALL to show up the way in which
the Solid Eight attempted to uniustly and
unfairly deprive us of the franchise In
fact, l wish you wouldn't say anything
about Mr.. - until you have seen our at
torneys, W. H. Chapman and Joseph +.
Coffey.
you see, we are still after the franchise,
and the mention of Mr.. IS name in this
connection might prevent US from winning
in the end. We have not by any means
given up the fight. MIR. Alpers is deter
mined to succeed; he said he would win if
he had to send some OF the Solid Eight to
Jail.
The board last week advertised for new
bids for this franchise, but we propose to
protect our rights in the courts. Next
week we shall begin suit to enloln the
board from granting the franchise TO any
one but me, and to compel them to grant
it to me on the ground OF my being the
highest legal bidder.
"Of course the agreement made with
Feehan, Mr.. IS dummy, is now void, as
the franchise was not obtained. Since
that agreement was made D. A. Mac
donald has sold out his interest. part to
Alpers and the remainder to S. G.
Murphy. president of the First National
Bank, Donaldson had TO draw out be-
cause he failed in business, and was not In
position to put up the amount that would
be required of him to construct the ere
matory in case we obtained the franchise"
Where were these conferences with Mr..
- held" was asked.
ain his Office"
"Was any one else present besides your
self and him at any or these taiks?"
"Oh, no. He is too smart to have had
witnesses present to listen to what passed
between u.s."
"When the others signed this agreement
did they know who Feehan WASP"
No. 1 simply told them that he was
interested in the scheme with the rest
OF us"
Did the others know that Mr.. - was
to use his influence to secure the franchise
for you IN return for a oHe-tenth interest
in it?"
"They presumed so.'
"Why do you say presumed? Didn't
they know?"
sThey didn't know of their own knowl-
edge. l simply told them SO, and that
would not be good evidence in a court.
That is why / said they presumed he was
using his influence to get US franchise"
Ibid you have any particular converse
tons with any of the gentlemen who
signed this agreement about your dealings
with Mr.. -"
Hyde several times. But / wouldn't say
anything in the paper about Mr.. -. /
don't mind how much he is shown up
later, but it might hurt me now in getting
this franchise from the Supervisors, which
L still confidently hope to get. You see,
it would be a very serious matter for me If
l fail. / have been working up this idea
for three years, and / have put into it $4,000
Of my own money, and if l get the fran
chise it means $40, 900 for me. Then, again,
there seems to be a prejudice in the public
mind against any such influence being
used with the board in matter of this
kind, and if Mr.. IS connection with
the matter were to be made public it
might have bad effect on the Solid Eight.
So far as l am concerned, l think you
had better see my attorney, William H.
Chapman, in the Mills building, before
you print anything further about this
affair. He mightn't like to have me say
for publication some OF these things that
l have told you"
The reporter agreed to accompany Mr..
Williams to his attorneys office, and left
Thors' gallery, where Mr.. Williams has his
office, and proceeded to the Mills building,
but Mr.. Chapman was out.
When the reporter and Mr.. Williams
parted, the latter's final words were:
"Now, don't forget to leave IS name
out of anything you write. l know he is a