The herald., 1896-03-24

| II am or the opinion that the Los An.
geles Railway company has no right to
lsese the use of it's tracks to the Los An
geles and Pasadena Electric Railway COM
papy for two reasons:
''First-Because neither the franchises
under which the Los Angeles Railway COM
pany is operated nor the laws of the state
| authorize the lease of it's tracks or roadbed
to any other company.
"Second-Because section 499 OF the
| civil code, as amended in S91, provides
that in no case must two lines of street
railways, operated under different manage
ment.. occupy and use the same street or
| tracks for distance of more than fvs
| blocks consecutively.
"The condition of every street railway
franchise is that the company will carry
passengers between any and all points OIL
its line upon the payment OF the proper
fare. The Los Angeles Railway company
has no right to impose the additional bur-
den of another railway in and over the
public streets without the consent of the
council, when the people living and owning
property on such streets receive no benefit
therefrom, and cannot even ride upon the
cars of such company. If. indeed, it can
/ afford and furnish terminal facilities for
the railroad run between this city and Pas
adena it may also afford and furnish such
i facilities for a transcontinental railroad, or
any number of kinds of railroad, so long as
electricity is the motive power.
THE Los Angeles Railway. company has
no such rights or powers, and am of the
opinion that the Pasadena line cannot run
over it's tracks without franchise from
| this city 80 to do. and cannot even then do
SO for greater distance than five blocks
consecutvely.
"It follows, therefore, that you can insist
upon these cars stopping for passengers at
any and all points on the line.
! II am informed that the Los Angeles
and Pasadena line is now building out
Macy street and intends within short
| time to he running over its own tracks ex-
cIusively. 1t would necessarily cause this
company much loss and damage to pro-
hibit it from operating its cars in the
meanwhile over the tracks OF the other
road, and this point leave to you to de-
termine, having given you what believe is
the law on the subject"
The above was ordered filed and the two
corporations interested will be notified ac-
cordingly.
Dunn also reported an ordinance allow
ing the city auditor one additional deputy
| to July 9th.
In the matter of the demand of lucy J..
/, Harvey for $2S44 for damages on account
of the grading of Olive street, the opinion
of the city attorney is that the only way
this matter can be determined will be by
| an action in court, and he therefore recon-
mends that the demand be denied.
Adopted.
In regard to the city treasurer's inquiry
as to what disposition should be made of
the first set of street improvement bonds
which were premature)y issued for the inn
provement of Twelfth street, the city at
| torney recommended that he mark such
bonds "canceled, and the reason for their
cancellation on the face of each bond,
and file the same among the records.
Adopted.
In the matter of the petition of the Ma
tional Ice company, asking permission to
| use water from the Los Angeles river for
the purpose Of cooling its pipes, on the
| condition that it will return the same
to the river in the same quantity as taken,
| Dunn is of the opinion that the council
| may enter into lease with this company
for not exceeding two years, and with the
| proviso that the council may terminate it
| at any time upon six months notice. AS
! instructions do not fix the rate to be paid
| for this privilege, nor the point where tho
same shall be taken from the river and re-
turned to it, he states that he is unable to
report lease until these matters of detail
| are agreed upon. The lease for the pur-
pose was ordered drawn at $5 per month
| rental.
In the matter of the application of W. H.
| Workman for a street railway franchise,
the city attorney reported draft of a
franchise to be advertised and recommend
| ed that it be referred to comm ittee to
determine whether or not the route select.
| ed is suitable and proper one. Referred
to the board OF public works.
Among the bills allowed were six for
| $50 each, being the amounts allowed the
expert engineers in the preparation of the
city's end of the headworks condemnation
| case.
| In the afternoon session the city engineer
presented an ordinance Of intention to
| improve Rosemont avenue from Temple
| to First street, under the bond act, at an
estimated cost of 2.O3 per front foot on
both sides OF the street.
Also an ordinance of intention to i'm
prove Fourteenth street from Hanford to
Central avenue.
Also an ordinance to construct a six
foot cement walk on the west side of Kip
street from Seventh to the angle in Kip
! street between Seventh and Orange.
| Also an ordinance of intention to con-
| struct a sewer on Second, Soto and Third
| streets.
All of the above were adopted.
George A, Howard, j. T. Bearden and ].
W. White were appointed the commissions
ers to widen Stanford avenue. In the
opening of Sixth street to the Galpin tract
Thomas Holmes, c. Fl. Easton aud Evan
Lewis were named as the commissioners.
| The ordinances in both OF the above will
| be reported next Monday.
| The votes for annexation will be can
| vassed next Monday.
Just before adjournment President Teed
called attention to the nuisance of pro-
| miscuous hitching of horses and teams
upon the public streets of tine city, and al
! SO to the condition of the streets through
which car tracks are laid, which ought to
be repaired before the coming Fiesta. On
motion of Councilman Munson the various
| car companies interested were ordered no.
| titled to at once repair such pavements as
| are traverssd by their several tracks.
| Upon the recommendation of the zanja
committee, an ordinance was ordered pre-
sented, renstating after April l the three
deputy zanjeros dropped some six weeks
ago. His numerous friends will be pleased
| to learn that this will return Col. Michael
| Angelo Deckman to his old place in the
| city's service.
| The ordinances granting the property
| owners interested the right to improve
| Wolfskill avenue from Third to Sixth
streets by private contract and to improve
Seventeenth street from Main to Maple
| avenue were adopted.
| Among the petitions presented was one
| from +. f. Peck requesting that an electric
lighting franchise be advertised for sale.
| 1t was referred to the board of public
works and accompanying the petition was
another in it's favor largely signed by
| property owners throughout the city.
w. w. Everett. clerk of police court
backed by Police Justice d. G. Morrison,
| petitioned for extra clerical assistance in
their department. The matter was re-
| ferred to the finance committee. The ap-
plcation for the Peck franchise was re-
ferred to the board of public works.
| THE MOTIONS MADE
| Motions were yesterday made in the