The San Francisco call., 1895-07-21
Complainant Will Have Plenty
of Support From Strong
Men.
ERRORS IN THE DOCUMENT.
Defendants VIII Doubtless Be Aided
by the Law Department of the
Southern, Pacific.

brought on FRIDAY TO Impeach the majority
of the Board of Supervisors. 1t has been
printed more than once in The CALL, but
it does no harm 10 be perfectly familiar
With this Law. it means, if it means any
thing. that franchises shall be disposed of
by open public auction, with no strings ar
tached to it in any way, and that the City
treasury shall have the benefit of this COM
petition and that the man who bids high
est shall have the franchises:
Ar Act providing for the sale of rail-
road and other franchises in municipali-
ties and relative to granting franchises.
Approved March 23, 1898.
The people of the State of California,
represe entod in Senate and Assembly, do
enact as follows:
Section 1. Every franchise or privilege
to erect or lay telegraph or telephone
wires, TO construct or operate railroads
along upon any public street or high
way, or to eaerciss any other privilege
sUhGtever hereafter proposed to be
granted by the Board of Supervisors,
Common Council or other governing or
legislative body of any county, city and
county, city, town or district within this
State, shah be granted upon the condi-
tions in this act provided, and not other
tCise. The fact that an application for
such franchise or privilege has been made
TO such Board OF Supervisors, Common
Council or other governing or Iegisla-
tive body, together with statement
that it is proposed to grant the same,
must first be advertised ii one or more
daily newspapers of the county, city
and county, city, town or district
wherein the sail franchise or privilege
is to be exercised. Such advertisement
must continue every day for at least ten
days, ard must commence at least thirty
days before any further action of the
or other governing or legislative body.
The advertisement must state the char
dcter Of the franchise, or privilege, pro-
posed to be granted, the term of its con-
tinuanos, and, if a street railroad, the
TOttte to be trdrersed, and the dag on aghtch
tenders tcitI be received for the On
the day stated the board, other
governing OF Legislative body herein
mentioned, must meet in open session
and read the tenders. The franchise, OF
priritege, must then be dparded TO the
highest bidder; provided, however, that
nothing in this section shall affect a
special privilege granted for q shorter
term than two years.
Sec. 2. AnY member of any Board of
Supervisors, Common Council or other
governing or legislative body of any
county city and county, city, town, or
district of this State, tcho, by his vote,
violates, attempts to ctoIate, the pro-
visions of this act, or any of them, shall
be guilty of a Dlisdemednor and of mail
feasGnoe in Office and be deprived of his
Office by the decree of a court of compe-
tent jurisdiction, after trial and convic-
ton.
Sec. 3. This act shall take effect i'm
mediate1y.
Here are the clauses in the advertised
resolution as passed by the board, which,
it is charged, are designed to evade the
law:
Resolution No. 1860 Third Series)-
Whereas, Application has been made to
this Board by the AIarket-street Railway
Company to construct, lay down, main
tain and operate for the unexpired terms
of the respective franchises heretofore
granted for its line of street railroad on
Mission street, Mission-street road and
telegraph or new county road, as ecten-
sfons of and ddjUncts to and in connection
scith said line of railroad, single or
doubte-tracEi street railroad, etc.
This resolution means, if it means any
thing, that no one shall bid for the fran
chise but the Market-street Railway Com
pany. as 1t makes the franchise of no value
TO any but that company.
1t was prepared by the attorneys of the
Market-street Railway Company, and they
are men carefully selected for their intelli-
gence and are paid high salaries for being
clever.
This advertisement is now running in
the official paper. The resolution was
passed at the meeting of the board on July
s. At that meeting Supervisor Taylor Of
fered a substitute, which stated that the
San Francisco and San Mateo Railway
Company had also applied for this fran
chise or part Of it, and provided, in con-
formity to the law governing the case, that
the franchise should be offered without re-
strictions and awarded to the highest
bidder.
This intent of the substitute was care
fully explained by Mr.. Taylor. 1t was re-
iected by the votes of the Solid Eight
Then Supervisor Taylor moved to split
up the omnibus franchise to give others
chance at one of the three routes, but that
was voted down by the Eight.
Then Mr.. Taylor moved to raise the
minimum bid from $500 to $1,000, but it
was voted down, as were subsequent
moves to fix it at $4,000 and $1,000.
Then Taylor moved to fix time limit so
that the favored company might be re-
quired to build the road on Sunnyside
avenue as well as on Ocean House road in
$50 days. 1t was voted down by the eight
votes. He moved that the limit be fixed
1t one year and then two years, explain
lug that the people stood in need of street.
railway facilities and that the San Mateo
road stood readyto furnish them, but every
motion looking in the most remote degree
toward fulfllment of the law or OF Justice
TO the people was voted down, always by
these eight votes.
So that there is no possible question that
these men intended to do what 4ba,, d;5