The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-07-10
is IT ALL FOR NOTHING2
Judge F. w. Van Reynegom
Thinks There Is No Fran
chise to Sell.
Legal Complications Likely to Arise
Over the Geary.Street
Grant.

The San Francisco Association of I'm
provement Clubs has submitted to the
law and legislative committee of that
body the question of the legality of the
franchise lately passed by the Supervisors
to the Geary- street cable line.
This committee after considering the
law and the facts of the case have agreed
upon recommending the following report
back to the main body:
First-As the franchise has seven years yet
to run the City has no franchise to sell, it be-
ing the property OF the Geary-street Park and
Ocean Railroad for seven years.
Second-One of the conditions of the sale is
that the purchaser must commence the build
ing of the road within one year and compete
pany has possession of the roadway aud street
under its present franchise, and will have the
same for seven years, 1t would be impossible
for any purchaser OF the franchise outside of
the present corporation, to comply with the
conditions of the he. possession of the
street could not be obtained Tor seven years.
Third-That as this is evidently an attempt
] OF the present corporation to forestall the
provision of the new charter relative TO the
sale of franchises, the board should be en-
joined from proceeding further in the at
tempted sale.
Commenting upon the subject yesterday
Judge Van Reynegom said:
The matter OF the proposed sale of the
/ Geary-street Railroad franchise by the
Board OF Supervisors came under my con-
! sideration as a member of the comm ittee
on law, legislation and public action of the
Associated improvement Clubs, to which
committee protest against the sale was
referred.
ITO an outsider it looks as If majority
of the Supervisors in voting to sell this
franchise now were treating public trust
as private snap, although some OF those
who voted for it may have persuaded
themselves that it is the correct thing to
give the present owners of the franchise
an inducement to rebuild and i'm prove the
road.
THE law of 1893 contemplates that there
shall be a bona-fide competition for the
! purchase of franchise of this kind in pro-
viding that it shall be advertised for ten
ders or bids and awarded to the highest
bidder. Whether Intentional or not the
advertisement of this franchise is SO
worded as TO effectually preclude COMPETE
ton. Ihe advertisement reads: Section
2. The foregoing is made upon the follow
ing conditions, to be strictly complied with
| by the said grantee, its successors and as
signs: Fourth-Work to con-
struct said railroad must be commenced
within one year from the date of the pass
age OF this order, and the same must BIO
completed within three years thereafter
In view OF the fact that the board W Ill
not have any right to interfere with the
possession OF the present owner OF tho
franchise Tor seven years or more, IL is
olncult TO see how successful bidder on
sale at this time can comply with the
aforementioned requirement.. The board
simply has no such right to grant.
The advertisement Offering the franz
! chise to the highest bidder is therefore