The herald., 1896-08-15
WANT TO GET IN COURT
That Fourth Street EleC-
trio Franchise
Getting Matters IN Shape
Both Sides Before the Board of
Public Works
IT WILL CAUSE LITIGATION
Legal Points Involved that Will Have to
Be Settled
IT WILL CAUSE LITIGATION
The Franchise Will Be Advertised that Has
Been Asked For
Then Suit Will Be Instituted for the Forfeiture
OF tho Davies Rights-That Sand na-
chine In the River Bed-Other
Recommendations Adopted

The matter of the Fourth street elec-
trio franchise was again before the
board of public works yesterday The
members of that body were engaged in
the board of equalization until after II
o'clock, and in consequence it was II 80
before they got down to business.
Ex-Mayor Workman, with his attor-
ney, Mr.. Wells, and n number of inter-
ested citizens from Boyle Heights were
In attendance. City Attorney Dunn was
also present as legal adviser. The mat
ter of advertising the new franchise
asked for by Mr.. Workman was brought
up, but when the members of the board
offered to advertise the matter at once,
the fact was developed that the pro-
moters were anything but anxious to
have it pushed. In fact, even Mr.. Work.
man was in no hurry to have the fran
chise advertised, and one or two of those
in attendance were very outspoken
against it, one of the gentlemen saying
that he did not know but what the peo-
pie of Boyle Heights would fight the
proposition. They wanted another cleo
trio road, and wanted it badly, but they
were afraid that if the new franchise
asked for by Mr.. Workman was adver-
tised, 1t would so compicate matters
that they never would get a competing
road. Then Mr. Workman admitted
that the new franchise was only sec
ondary consideration, and that what
they really and truly wanted was to
have the Davies franchise on Wolfskill
avenue declared forfeited.and the
Fourth street franchise as first asked
for advertised. The city attorney
thought that the matter would have to
be settled in the courts. consent of the
attorney general could be obtained, and
the necessary suit brought. The Boyle
Heights people did not care how it
was settled as long as no time was lost.
They wanted the franchise advertised
and the Davies franchise annulled just
as soon as possible. The matter was in
formally discussed until the board ad-
Journed for lunch.
When the board met for the after
noon session Mr.. w. j. Brodrick, accom-
panied by his attorney, George Munroe,
esq, put in an appearance. Mr.. Brod-
rick thought that. as the matter would
have to be settled in the courts finally,
he did not see any necessity for the
council taking any further action in the
matter than instructing the city ator-
ney to bring suit to have the Davies
franchise forfeited. This could be done
under the statutes and the rights of
all parties determined. Mr. Brodrick
said that Mr.. Davies had leased his road
to the Main street company, and he
thought that they had some rights in
the premises. All they wanted was an
opportunity to defend those rights in
the courts, and they We're just as anx-
lous TO nave the matter settled as the
Boyle Heights people, and had Just as
much at stake. They We're prepared to
electricize the Main and Fifth street
roads at once, and work would have
been commenced before this. but they
had been kept back by the contractors
on Main street. They have already con-
tracted for $4,000 ties, with the neces-
sary iron and poles. part of which have
been delivered and are now on the
ground. The company wants to put
down Its tracks and do its paving at
the same time that the other paving is
oone, so as to keep from tearing up the
street. Just as soon as the contractor
got to work they would stand in, and
Keep up with him. Mr.. Monroe agreed
with Mr.. Brodrick. All they wanted
was to get in court and have the matters
IN dispute settled as soon as possible.
Ii the franchise had been forfeited thew
wanted to know it, There were half a
oozen or more very nice points of law
involved, and he thought that the con-
sent of the attorney general should be
secured at once and the suit commenced
AS both sides seemed to be anxious
10 get INTO court, after a full discussion.
on motion of Councilman Munson. the
poard recommended that the Fourth
street franchise, as asked for, be ad- |
vertised, and that the city attorney be
instructed to secure the consent of the |
attorney general. and institute proceed |
!ngs Tor the forfeiture Of the Davies
the matter to be prosecuted |
rs rapidly as possible.
OTHER BUSINESS.
A teamster named Townsend appeared |
before the board to protest against tha |
removal OF the sand-washing machine |
,n the river bed, which has been asked |
,or py a number of other teamsters. |
! 1aownseno said that the machine was a |
venent 10 the citizens, for the reason |
.nat py lts use better class of material |
ras Ts Iurhlsned for building purposes. |
washed sand for 25 cents per load ana |
.hy ~, .eamster who wished it could buy
I. Inc price included the loading A. |
my rate, ne claimed that the machine
.uhnlng at It's full capacity, could only
,eep ABOUT -FOUR teams hauling, and he |
llo not tnlnk that this cut much figure
- .nlee Hundred, the number who
10 action would be taken until the hoard
iao mace a personal inspection. and |
ne matter was taken under advisement
AT the request of Councilman King.
ry action on the petition of e. s. Shat
uck, for permission to erect a platform
Gale on South Pearl street between
,ico ana Tweifth streets, was deferred
Until the member from the Fourth ward
ould make an investigation.
The petition of property owners. ask.
ng that certain cement sidewalk ha (
'rdered on both sides of Los Angels
treet, between Third and Fifth streets.
vas amended so as to take in the west
ide of the street only, and the engineer
vas instructed to prepare the ordin.
nee accordingly.
In the matter Of the petition of the
'apital Milling company that an asphaIt
utter be laid from their property to the
atch basin at Main and College streets
bout half block, it was recommended
nat the same be granted, and the street
uperintendent ordered to do the work
The matter of the petition of properly
wners in the vicinity of Second street
nd Fremont avenue, asking that the
torn drain be extended from Second