The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-12
Illegal Street Railroad Work
Stopped After "The
Calls" Expose.
THE OLD FRANCHISE VOID.
Remarkable Action Of the Market.
Street Company In Richmond
District.

AueSuay nunQred WorKmen began TO
lay streetcar-tracks on Point Lobos ave-
nue., between Twelfth and Thirteenth
avenues. They dug down to the official
grade, laid the sleepers, the ties, and put
on portion of the rail before the sun
went down. This was the first phenomenon.
1t was sudden and startling. Richmond
inhabitants wondered what next, and went
to bed in state of expectanc
Wednesday morning the gang of men
was reduced to less than dozen. This
was considered as strange phenomenon
as the first--the change was so sudden.
Thursday morning there appeared an
article in THE CALL calling attention to
the fact that the Market-street Railway
Company had no legal right to lay tracks
on Point Lobos avenue. This was not In
the nature of a startling phenomenon, for
The CALL can be depended upon to espouse
the taxpayers cause at all times and ex-
pose the misdeeds of the Southern Pacific
or any other public OBSERVATION-DISCLOSURES
there is need for it.
But what followed the publication of
THE Calls expose-whether because of it,
or in spite of twas the most astonishing
in the entire series of phenomena. Before
noon gang had been set to work with
scrapers and shovels, to bury the railroad
tracks already laid and restore the thor
oughfare to its old unofficial grade.
1t was surprising that even the Southern
Pacific should so suddenly swoop down
upon a public thoroughfare and seek to
gobble up right of way by force of pre-
emption based upon an invalid franchise.
1t was surprising that even the Southern
Pacific should dare attempt such game
at this late and enlightened day.
1t was more surprising, however, to have
the big force of 100 men reduced to less
than a dozen within twenty-four hours
after the work had been started. Yet the
force was not reduced with the in
tention of abandoning the franchise
the company did not own or the
work the hundred men had already per-
formed. At least so much it is fair to pre-
sumo from the statement made by II. H.
Lynch, the superintendent of construction
of the Market-street Railway system, who
said that the gang of men had merely been
reduced because there was no desire to
rush the work. It was also stated that the
attorney for the Market-street road was
negotiating with the Park commissioners,
who had already agreed to sign permits
sion for the road on Point Lobos avenue,
and that in day or two the section of the
(defunct) franchise that required the con-
sent of the Park Commissioners to the
construction of the road would be secured
in writing in formal and legal way.
But the most surprising thing of all was
when, after the expose in THE CALL yes
terday morning, gang of men was put to
- oil Of n Ia uUfI
work of Tuesdays big gang and Wednes-
days little gang. That was the astonish-
ing part of it-that the Southern Pacific
should prove so amenable to public ex-
posure and lay down its hand without
even a struggle.
Clearly the Market-street Company had
no right to lay down even the block of
railroad track on Point Lobos avenue that
they afterward covered up. As was shown
in yesterdays CALL, the Supervisors
granted franchise for Point Lobot avenue
to the Ocean Beach Railway Company in
June, 1898. Now the Market-street Com
pany is of course, the successor of that de-
funct corporation. 1t was under the terms
of this old franchise of 1893 that the Mar
ket-street Company attempted to steal
Point Lobos avenue.
But it is very clear to the non-legal mind
that the franchise to the Ocean Beach Rail-
way Company has lapsed and is now void
and worthless. The following provisions
of that enactment read very clearly and to
the point:
Fourth-That work to construct the railroad
must be commenced within one year from the
date of this ordinance, and the same must be
completed within three years thereafter.
Fifth-That the grantee, its successors and
assigns must, within twelve months from the
date of this order, expend in the construction
of said railroad, or in the acquisition of prop
erty therefor, at least $1O,O 900, and must, with
in three months thereafter, file with this board
evidence of such expenditure.
sixth-UpOn a failure to comply with
these conditions the rights hereby
granted shall cease and terminate.
Nothing is more apparent than that
there WAS an utter failure to comply
with these conditions each and all of
them, and that "the rights hereby granted"
HAVE Leased and terminated"
Work to construct the railroad" was
NOT commenced within one year from
the date of this ordinance
The "grantee, its successors nor cas-
signs" did NOT 'within twelve months
from the date of this order expend in the
construction os said railroad or in the
acquisition of property therefor, at least
ten thousand dollars" nor any other sum.
Nor did the grantee or its successor file
with the Supervisors any 'evidence of such
expenditure"
In the light of these facts no present day
permission of the Park Commissioners can
legalize an ordinance that has ceased to
exist by its own terms. And the Southern
Pacific must have known this before it sent
a gang of 100 men to dig up Point Lobos
avenue and lay that single block of track.
Some people think the big gang of men
was put to work that single day just as
bluff to make play in the stock market
and scare the holders of the Sutro Cliff
House bonds. If that was the purpose of
The big gang then the purpose fell fat, for
40 one was scared. Before the news had
airly spread THE CALL had exposed the
whole plot.
Whatever may have been the Interior
motive of that big gang of 100 men the real
purpose of the Market-street Company was
20 steal a right of way out Point Lobos