The herald., 1895-05-04
II ESCAPED THE GOVERNOR
Peculiar State Law Enacted in
February
ONE STATUTE AMENDED
The City Attorneys Office Uncovers a
Popularity
As the Matter Stands Grantees Of Street Car
Franchises Have the Best
End Of II

The eagle eye of Governor Budd did not
apparently discover the bug concealed in
certain amendment to the law giving
municipal corporations the right to grant
franchises for street car purposes, which
was passed by the last legislature. and
it has remained for Deputy City Attorney
Thomas to let in a flood of light upon the
subject.
Herman de Laguna of San Francisco
and this city has been for some time
anxious to make application for fran
chise for an electric line to run along
North Main street. from Temple to Macy,
to the Mission road. thence to the city
line. thence commencing at the intersec-
tion of Griffin avenue to Mission road, and
thence to the city line. Mr.. de Laguna,
after getting into shape the draft of his
franchise, made his way to the office OF
the city attorney for the purpose OF sub
mittng it for approval. What was his
astonishment to learn from the clty's
regal department that instead of having
to begin work inside of one year from
the time Of the granting to him of his
franchise, and leaving it optional for the
council to reduce the time for the begin
ming of operations. under the new law
work need not be commenced for at least
six months after the granting of the
franchise. In other words the amend
ment to the law takes from the city about
so per cent of its protection in the prem
Ises, all of which is turned over to those
having the franchise.
The old law upon the subject read as
follows:
Work to construct the railroad must be
commenced within one year from the
date OF the ordinance granting the right
of way and the filing of articles OF incor
poration, and the same must be COM
pleted within three years thereafter.
failure to comply with these provisions
works a forfeiture of the right OF way as
we'll as of the franchise. unless the un.
completed portion is abandoned by the
corporation, with the consent of the au
thorities granting the right of way, such
abandonment and consent to be in writ
ing; WI.
faith within not more than one year
from the date of the taking effect of the
ordinance granting the right of way, and
said work must be completed within not
more than three years after the taking
effect of such ordinance, provided that
corporation at the time of granting said
right Of way shall have power to fix the
time for either the commencing or COM
pletiOn or both of said work; not how
ever, to time less than six months for
commencing and not less than eighteen
months for ccomrleting the same. A fail
ure to comply with either of the forego-
ing provisions of this section, or with
either OF the provisions of the ordinance
granting said right of way works for
feiture of the right OF way and also of the
franchise. unless the uncompleted por-
ton is abandoned by the person or cor
poration to whom said right of way is
10 Of hn
tiles granting the right of way. such aban
donment and consent to be in writing.
The authority granting the right of way
shall have the power to grant an extern
sion OF time for the completion of said
work if it appear that the work has been
commenced within the time fixed and
prosecuted in good faith; but no exten.
sion OF time shall be granted for the COM
mencement of said work, and shall not be
granted for more than one year for the
completion of the same. All extensions of
time shall be in writing and made
matter Of record in the municipality.
Provided, further, that this act shall not
in any way effect any franchise or right
OF way granted before its passage.
The amended law went into effect Feb
ruary 25. 1895. 1t must have had an
emergency clause attached to have es-
capped the ninety days legal time allowed
10 lapse in all other cases, between the
passage of an act and the date upon
which it goes into effect.
: The board of public works yesterday
decided to submit to the council on Mon
day, the draft of an ordinance for the
franchise desired by Mr.. de Laguna.
| which franchise expressly stipulates
that the grantee must build at his own
expense. a private elevated bridge 10 par
allel the Macy street bridge which latter
must not be used by the street car people.
The grantee is also compelled to expend
not less than $4,000 in connection with
his enterprise within one year of the
commencement of the work.