The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
A FRANCHISE FORFEITED
Citizens Indignant at the AC-
ton of the Market-Street
Company.
Legal Counsel Sought and Action to
Be Demanded From the
Supervisors.

1t is now nearly two weeks since the
residents of Clarendon Heights, those of
Frederick, Carl and Grafton streets, those
on Stanyan, south of Height street, and
those who d we'll in the district Immediately
south of Golden Gate Park were robbed by
the Market-street Company of their street.
car facilities.
For nearly two weeks these citizens have
suffered the hardship of walking from
their homes to the Market-street cable
cars. They hoped, from day to day, that
the Market-street Company would put on
the service of electric cars, SO suddenly
and so mysteriously taken away from
them, or that, at least, the officials of the
company would make known their inten-
tons in the matter. But, of course, the
latter hope was vain.
The Market-street Company has given no
reason for its high-handed action in sud-
denly and Unexpectedly leaving popu-
lous portion of the City without streetcar
facilities, nor has it set any date for the
future running of cars. 1t has only main
tanned a cIam-like silence throughout.
That body of citizens are indignant, dis
appointed, disconnected angry even, is
nothing at all to the Market-street Com
pany. There are eight men in the City
willing and ready to accommodate the
Market-street Company whenever new
franchise is wanted. The public be -
That is the attitude of the Market-street
Company. And never has it been more
brazenly exhibited than in the present in
stance.
But now the people of this district have
tired of waiting. They mean to act. Legal
advice has been consulted, an indignation
meeting will be held shortly, and the
Board of Supervisors will be asked to de-
clare the entire franchise of the Metropoli-
tan branch of the Market-street Railway
Company null and void. Nothing short of
forfeiture of the franchise will satisfy
these citizens now-and the Southern Pa
cific of Kentucky will find among these
angry and indignant citizens not few
men of wealth and influence in the COM
munity.
Inasmuch as the Board of Supervisors
has adjourned till the 7th of Septem Der
nothing of definite nature, unfortunately,
can be done in the matter of having the
franchise forfeited. Meanwhile the prop
erty-owners and residents OF the neighbor-
hood will perfect their plans and be ready
to petition the Supervisors when next they
assemble. The attorneys consulted are OF
the opinion that the franchise has been
forfeited beyond all peradventure, and
that it only rests with the Board OF Super
visors to declare the forfeiture in order to
make it possible for another company to
secure the franchise.
The franchise of this branch of the
Market-street system was granted, over the
veto of Mayor Pond, in December, 1890, to
the San Francisco Syndicate and Trust
Company. The next owner of the franchise
was the Metropolitan Street Railway Com
pany, at the head of which was Wendell
Easton. This concern built the road and
afterward sold it to the Market-street Com
pany. A clause of section of this fran
chise reads as follows:
The cars to be run daily on and over
said route at least every fifteen minutes
between the hours of A. NJ. and P. III.
unless prevented during period of riot
or by other unavoidable cause).
For the period of nearly two weeks not a
single car has moved over that part of this
franchise west and south of the junction
of Page and Cole streets. There has been
no riot during that period, nor has there
been an unavoidable cause" to prevent the
running of the cars.
The first part of section of the fran
chise, coupled with the foregoing clause.
forms the basis upon which the Board of
Supervisors will be asked to declare for
fixture of the franchise. It reads as fol-
lows:
Said grantee, it's successors or ASSIGNS
shall fulfill each and all the separate
conditions expressed in this order or by
statute; and unless such conditions are
strictly and fully performed to tho sat
isfaction of this board the franchise
shall become null and void.
1t is the opinion of counsel for these
property owners and residents that il
these sections mean anything at all they
mean that the franchise has been forfeited
by the failure of the company to fulfill one
OF the most important of its conditions.
1t becomes the duty now of the Board of
Supervisors to declare the forfeiture, the
Supreme Court having decided that the
clause quoted is not self-active but must
be enforced by the legislative power that
granted the privilege which has thus been
forfeited
The q. S. Govt Reports