The herald., 1895-04-09
The kuhrtS Street Sewer Is to
Be Built
PROPERTY OWNERS PROTEST
City Attorney Dunn Tells About Drug
Stores Selling Whisky I'D
An Ordinance Shutting Out the Objectionable
Poker Rooms Is Adopted and the riap,e
Avenue Sewer Is Considered

The city council held its regular weekly
meeting yesterday, all the members
present including Mr.. Manson. who has
been absent for some time, and President
Teed presid ng.
The first matter considered was the ap-
plication of y. P. Nc Gihnis, for a special
privilege for twenty-three months to put
up poles wires, etc. and to furnish tle
oil district with electricity for power, so
as to do away with the present smoke
nuisance.
Mr.. Stockwell said that there had been
considerable talk concerning the board 5
power to grant such Il privilege, and he
favored referin ing the matter back TO the
board of public works.
Mr.. Blanchard made motion that
the application be denied; but there was
no second { the motion. Mr.. Munson
then moved that the report of the board
of public works recommending that the
privilege he granted. be adopted and
it was seconded by Mr.. Kingery. Mr.. Nun
son said that ii the privilege was granted
it would relieve the oil we'll district, aAd
for th reason be was in favor of grant
ing Mr.. McGlnnis' request
District Attorney J. A.. Donnell ap-
peared on behalf of Charles s. Walton who
s'NS
as proposed having been published in
SUNDAYS Herald He asked for special
privilege west OF Pearl street and north Of
Ninth street.
Mr. Kingery rssed his doubts
about the Legality of he privileges asked.
Mr.. Savage objected to granting special
privileges on the ground that the C uncil
would be flooded VITA similar appica
tions.
Presient Teed said there must nave
been some mysterious and powerful in
tiuence at work among the members of
the council. sin e the matter was dis
cusse thoroughly before the board of
public works. At that time the city at
torney explicitly stated that the granting
OF the privilege would b. illegal, and that
is the legal advice the council should rely
on. He regarded the Mctiinnis' applica-
ton as legal and proper 1noNp for
Iaudab purpose, and whose effect would
be to break down monopoly i'll electric
lighting. He said the time had come to
turn the matter wide open in pubhc in
terest. The city attorney S advice should
certainly take precedence OF the advice OF
attorneys who appear Tor contractors or
corporations.
We'll" said Brother kingery, I'm i'll
for the wedge, then. that viii split her
wide open. | am in for giving relief to
the oil well district, but we want to be
sure we're right
that Mr.. Donnell appears here in the in
terest of the lighting company but people
on the streets DO say so. Some OF the
councilmen have actually been threaten
ed that they are liable to go TO jail by
voting for the special privilege. Now |
believe in the honesty and ability of the
city attorney and cont care for such
threats. | admit the present company
has done well and all that anybody could
expect, but they cannot expect to go on
forever without any competition.
Mr. Pessell-Wil this prevent any others
getting special privileges?
mo. sir" replid the city attorney. 1T
is not an exclusive privilege. Two mem
bers of the council came to me with white
lips and said they had been told they
might have to go to Jail if they voted for
the special privilege. | see typewriter
letters on the desks of coulcilmen calling
attention to such threatened compiled
ton.
.'Now, I did not write these letters,
and will say that if any body goes to jail
am ready to 90 far the whole council. L
will guarantee that the ordinance | pre-
sent will not send any of y6u to Jail. -
w h-y! That 5 qUite a relie gain t it, "
exclaimed MIR. kingery, ana everybody
laughed.
Major Don ell said he did not represent
the lighting company, but Mr.. Walton.
1te inquired if such special privileges
were open to bid.
Mr. Teed told him they were not,
whereupon Mr.. Donnell said he wished
D.. to- withdraw his petition for q special
privilege and make it just the same as
that asked by MIR. Maglnnis.
Mr.. Feed replied that he would be ac-
corded the same cOurteSieS as anybody
else in the matter OF competition.
Mr. Munson inquired what second
privilege in the same district was wanted
for. 1t certainly could not be for lighting
only. lie understood the SPECIAL purpose
of the Maginnis application was for power
to pump ana drill oil wells without cauS-
ing a Nuisance.
= The report of the board of public works
was then adopted, referring the Maginns
petftd@n7o ofoftlie city attorney.
lJi7Ea6h1 iii enber of the council nd the
following COPY, typewriter, laid upon
hisdesk, rreptiuously;:
Is bq- o. CHAPTER CCIV.
y An act providing for the sale of rail
road and other franchises in municipali-
ties spd relative to granting of franchises,
approved March %. 1898.
b4die, people OF the state of California,
represehted III senate and assembly, do
enact as follows:
lsseec. T. Every franchise or privilege
4to erect or lay telegraph or telephone
wires to construct or operate railroads
along or upon any public street or high
way, or to-eXerclse any other privilege
whatever hereafter proposei to be granted
by the board OF supervisors, common
couficii or other governing or Legislative
body of any county, city and county, city.
town or district within the state, snail be
granted upon the conditions in this act
provided, and not otherwise. The fact
that an application for such franchise or
privilege has been made to such board OF
supervisors, common council or other
governing or Legislative body, together
with statement that it is proposed to
grant the same, must first be advertised
in enc or more daily newspapers of the
county, city, town or district wherein the
said franchise is to be exercised. Such adj
vertisement must continue every day for
at least ten days, and must commence at
least thirty days before any further action
of the board of supervisors, common
council or other governing or legislative
body. The advertisement must state the
character OF the franchise or privilege pro-
posed TO be granted, the term or its CON
tinuance and, if street railroad, the |
route to be traversed and the day on
which tenders will be received for the |
same. On the day so stated, the board,
or other governing or legislative body |
herein mentioned, must meet in omen
session and read the tender. The fran
ehise or privilege must then be awarded |
to the highest bidder; provided, how !
ever, that nothing in this section shall |
effect special privilege granted for a |