The San Francisco call., 1896-08-02
READY To FIGHT
THE FRANCHISE.
Preparations Being Made
for the Great Battle
on Monday.
wRITs OF RESTRAINT.
Three Will Be Asked for to
Block the Geary-Street Rail.
roads Game.
NO LooPHoLE TO BE LEFT.
Shou the Supervisors Grant the
Franchise Their Indictment Will
Be Demand d.
NO LooPHoLE TO BE LEFT.

More than usual interest will be taken
in the meeting of the Board of Supervisors
that will be held tomorrow. At that ses-
sion will be decided whether the Geary-
street Railroad is TO be granted an extern
sion of its franchise for fifty years from
the present time.
Prominent property : owners of that
thoroughfare and organizations of persons
interested in public Improvements and
good government generally have COM
bined to prevent the granting of such
franchise, on the ground that it would be
a move against the public welfare and
shameful and uniustifable discrimination
in favor of the corporation named.
From a moral standpoint, 1T is argued
that to sell "a franchise now which is not
really necessary until seven years hence
would be simply 10 deprive the treasury
of the municipality of the'amount repre-
sented by the increase in the value of such
a franchise between now and 1903, and to
intrench the corporation interested for
fifty years against all competition.
From legal standpoint it is urged that
the board is offering something for sale
that it does not possess. The franchise
for which bids have been advertised is
now, and will remain under existing cir
cumstarces, the property OF the Geary-'
street Railway for the next seven years.
Some of those interested IN defeating
the extension of the franchise hold that
any act of the Supervisors disposing of the
franchise at this time would be null and
void, as it would be as Ineffective as would
be the sale of the Lick House by that body
or of any other property to which it did
not possess title.
Others asaiD, aware Of the insidious
methods of the .Market-street Railway
Company, of which the Geary-street Rail-
way is part, do not propose to allow that
corporation to secure even the. shadow of q
title to the franchise beyond the period
for which it is now held. And in order to
prevent the proposed action of the Super
visors legal steps will be taken.
Among the latest reports relative to the
proposed action of the railroad people, in
order to. insure the final passage of the
order extending the franchise, is one to
the effect that. an abandonment of the
present franchise will be filed, said aban-
donment to be made contingent on the
acceptance of the railroads bid for the
new franchise; and the abandonment to
go into effect just before the bid is ac-
cepted.
Such course is denounced as showing
8 corrupt and collusive arrangement be-
tween the corporation and the members of
the board voting for the franchise.
Ex- Judge Van Reynegom does not
think such proceedings would stand the
test before court OF equity. He claims
that the board is now advertising to sell
franchise which it does not possess and
which sale would consequently be void;
and that for it TO sell franchise imme-
diateIy after it obtains possession of it by
L l. -~,1 - - - L.
statute which requires such sale of a
franchise to be advertised sixty days in
advance of the actual sale.
There was a meeting yesterday at the
Office of Attorney Leon Samueis of the
committees and attorneys appointed by
the various Improvement clubs to defeat
the extension of the franchise.
After considerable discussion the matter
of looking after the people interest was
left entirely in the hands of Attorney
SamueIs, who was authorized to employ
counsel to assist him. w. T. Baggett was
suggested and ne was promptly taken into
the fight.
Between now and Monday both gentle
men will be at work preparing for the
legal battle 10 open tomorrow. In order
to take no chance they will go before one
of the Superior Judges Monday morning
probably Judge Slack-and file affidavits
and make application for q writ of review
and writ of prohibition. A complaint
will also be filed and an injunction asked
for upon it. 1t is hoped to make at least
one of these three processes effective.
If all these fail, however. to checkmate
the game of the Geary-street road, suit
in equity will be instituted to set aside the
action of the board, and the Grand Jury
will be asked to indict the members who
vote Tor the franchise on a charge of mis-
demeanor and malfeasance in Office for
violating the statute relating to the grant
ing of franchises.
zone of the several grounds upon which
the franchise will be opposed" said At
torney Samuels last night, sis that the ad-
vertisement asking for bids for it impose 5
terms which are impossible OF ful6ilmept t
except to the Geary-ssreet railroad. 1t re-
quires that the work on the road for which
the franchise is to be granted shall begin
within year and be completed within
three years. Now how could any other
company undertake to- comply with these
conditions, when the Geary-street. COM
pany holds franchise which runs seven
years from date"