The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-16
THE EIGHT WERE UNITED.
The ChurCh-Street Franchise
Allowed by the SUI
perviSorS.
MAYOR sUTRo WILL VETO IT.
Action on the Bitumlnous Rock
Question Postponed for
Week.


sions of its application. There was no ex-
element in the chamber while the issue
was up for discussion. The franchise was
put through by vote of to A.
Supervisor Hobbs read a minority report
in which he protested against the passage
of the franchise at the present time on the
ground that the proceedings would be lille
gal, owing to the manner in which the
franchise had been advertised.
The franchise is to construct street
railroad on Church street from Sixteenth
street to Ridley and along the latter street
to Fillmore. Mr.. Hobbs claimed that the
board had no jurisdiction in the matter.
He explained that under the act of March
%, 1898, regulating the sale of railroad and
other franchises in municipalities, after
being advertised as to the fact that the ap-
plication for the franchise had been made
and that the board proposed to grant the
same character of the franchise, terms OF
its continuance and the route to be ira
yersed, the franchise was then sold 10 the
highest bidder.
The Supervisor held that the application
OF the railroad for the franchise was drawn
not only as an advertisement. but as a COM
pAClC OIuSAi d1iO ACnoy W W
put on its passage before the board. 1t
contained limitations and conditions
which were not authorized by law, and
which defeated the object of the law. The
Street Railroad Company had everything
its own way, and could do just about as it
pleased in running over the streets 1t de-
sired, debating the route and the terms OF
the franchise. A portion of the report
read as follows:
sit makes the franchise worthless to any per-
son except the Market-street Railway Com
pany," read the report ''and therefore renders
all the proceedings under the advertisement
absolutely void, and any action OF the board at
this time will be illegal. The law distinctly
states the advertisement must state the terms,
that is, the number of years the franchise is to
run. This nowhere appears. This objection
alone is fatal. 1t effectively shuts out all COM
petition and virtually delivers the franchise
over to the Market-street Railway Company"
In view of these facts Mr.. Hobbs offered
a motion to the effect that action on the
franchise be suspended till the City and
County Attorney had been consulted on
the legality of the question, but the motion
was lost by the following vote:
Noes--King, Scully, Benjamin, Hirsch,
Hughes, Bunker, Morgenstern, Wagner-S.
Ayes-Dimond, Spreckels, Hobbs, Tay-
lor4.
Supervisor Hughes then moved that the
franchise be passed, and Supervisor King
seconded the motion, which was adopted
by the same vote as above, and thus the
Market-street Railroad Company won
another victory.
When the question OF the Mayors veto
on the bituminous rock issue came up
those in the gallery and lobby craned
their necks and awaited action with eager
ness. They had expected some lively cross
firing, but they were greatly disappointed,
for Supervisor Wagner at once moved for a
postponement of one week and when the roll
was called it was found that the solid eight
were again in line. They had caucused dur
ing the day and they were short vote,
and decided to play for time with the hope
of securing the desired strength to down
the Mayor within the coming week.
Thus the hours of the afternoon until
o'clock came when the solid eight voted
for an adjournment. They voted, too,
with Supervisor Morgenstern when that
functionary offered a resolution replacing
Ambrose Watson as clerk in Police Court
No. 2 and appointing his own son, A. T.
Morgenstern, who has Just come down
from the country, after May L.
Supervisor Dimond made a vigorous
protest against this action of the board,
saying that he knew of no good reason
why he should vote for the resolution.
ton was offered, and the motion went
through on the run.
The report of the Committee on Streets,
of which Adolph Spreckels is chairman,
was signed by Hughes, as acting chairman.
Morgenstern, bunker and Benjamin took
slap at Mayor Sutro. In the matter of
the petition of the Sutro Railroad Com
pany for an extension of one years time
for the completion of the railroad under
the franchise, the committee reported in
favor of granting three months time and
in the report it was said:
The testimony taken as to the material used
in the construction of said road to be of Cali |
fornia material did not show an earnest desire
on the part OF the Sutro Railroad Company TO
comply with the conditions imposed, and this |
concession has been made because of the Off |
cial position OF the grantee, as well in defer
ence to the annoying perttnacity with which |
the application was passed.
The following resolution was the passed
by the board:
That an extension of three months time is
hereby granted the Sutro Railroad Company in |
which to complete its street railroad under all |
the conditions and restrictions heretofore i'm |
posed, and such other conditions and restric- |
lions as are or may be imposed by this board.
The Committee on Health and Police re-
ported that arrangements had been made |
to put into service the Receiving Hospital |
ambulance presented to the city by Mrs. |
Herman Oelrichs and Miss Virginia Fair |
from A. NJ. to Z P. NJ. after April %, at |
COSC 10 Ine CITY OF 9JO a month. Inc |
ambulance will be put into night and day |
service after July, when provision will be |
made in the next tax levy. The report !
was adopted.
Supervisor Taylor, from the Committee |
on Finance, reported adversely, owing to |
to the lack of funds on the claim of Pro- |
lessor George Davidson for $500 for services |
rendered the city in connection with the |
establishing of board of engineers to de- |
wise a sewerage system for the city. Col |
onel Mendell and Irving M. Scott were also |
appointed on the board, and they select |
ed Manson e. Grunsky to do the work, and |
after the sewerage system had been planned |
and carried out the board was abolished in |
January, 1893 The report stated that |
much disrespect and injustice had been |
done these men who had given their time |
to advance the interests of the city.
Supervisor Benjamin, from the Commit
tee ON Health and Police, reported at |
length on the question of disposing of the |
city's garbage, and ordered the clerk to |
advertise for proposals for franchise. The |
report was adopted.
Supervisor Bunker from the Committee |
on Fire Department reported to compel |
the factory on the rear end of Worden |
street to comply with the orders of the
chief engineer to abate the nuisance
caused by smoke and cinders from the |
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