The herald., 1897-05-14

road will not be raised.
4. The lighting agreement may be ter
minated at the option Of the council at
any time.
s. the agreement, on the other hand.
cannot be terminated at any time at the
will of the corporation, but only with
consent of the council.
| When these several propositions are
| considered there is something very odd
about them. In the first place the whole
matter of the granting monopolistic
powers to the Pasadena and Los Angeles
company has been very largely in the
nature of a star chamber proceeding.
That fact is itself sufficient to cast sus-
picion upon the servants of the people
the mayor and council. Why the coun-
ell should determine to let franchise
in defiance of the peoples wishes, and
also in the face of what is plainly to the
city's detriment, is one of those things
past finding out. That there will be an
agreement but mo guarantee" that the
fares will not be raised is suggestive.
The supreme court held in the case of the
Terminal road at South Pasadena, that
fares could only be determined within
the city limits. and the federal courts
have facetious way of finding laws un-
constitutional that decrease the profits
of corporations; vide, the decision of the
United States court at Chicago granting
an injunction asked for against the en-
forcement of the Indiana law reducing
street car fares in the city of Indianap-
oils to cents. the 5 cent fare at once es-
tablished. With the laws in this uncer-
tain condition, it can readily be under
stood why the company will not guar
antee" anything. and in such manner
enter int special contract that at later
date might be held as binding.
CONVENIENT LOOPHOLES OF LAW
The idea that the council can arrogate
to itself the right to terminate the light
ing franchise at any time, while denying
the right to the lighting company, is not
held to be good in morals or in law by
several prominent attorneys Whether
a valid contract can be drawn to hold the
lighting company to its bargain to light
the city free of cost is open to doubt,
Loopholes of escape might, and probably
would be found after the streets of Pas
adena had been monopolized by the elec
tric road Failing that. the considera-
ton is all upon the side of the city in
holding the lighting company, while not
permitting the company the same right
to withdraw from the situation which
the city claims for itself.
Mayor Hartwell was earnest yester-
day in saying that if in very truth the
citizens of Pasadena are opposed to the
proposed franchise then in about threa
months three councilmen will be retiring
and an opportunity will be afforded at
the polls for the people to declare them
selves. Assuming that three councilmen
were elected pledged to rescind the fran
chise-allowing, for the moment that IL
will stand attack in the cOurts-what
would be the consequence. and what
would it prove? A franchise might be
granted to one of the water power COM
panies and in such case the lighting conf
pany organized as side issue to the
Pasadena and Los Angeles Railway
would very much resemble n
dead cock in the pit. Under the present
order of things. such a contingency is
not only possible but probable, and the
only inference to be drawn is that tha
electric road is willing to stand the
chance of losing what investment it may
make in the lighting plant for the sake
of getting a dead cold cinch on Pasa-
dena's streets With all its franchises
covered. the bonds remaining on hand
Aoated, and the stock held by the present
stockholders at 25 to so cents on the 81
disposed of at par. even such an extreme
state of things could be faced with per-
feet equanimity.
But having said so much, there is little
room for speculation in the light of re-
mark made By Mayor Hartwell yester-
day to a business man of Pasadena. He
was asked if anything definite had actu-
ally been decided upon, and he replied.
Yes: the matter has been determined
upon as far Is it can be until official noti-
fcation of the fact is made"
Before that is done, however it is not
unlikely that injunction proceedings will
be begun. The advisibility of such
course is being discussed very freely.
and now that the mayor has declared
himself all doubts that may have existed
as to the proba bilty of the council act
ing in consonance with the will of the
people will be removed.
And it is contended by the council that
they are guarding the interests of the
people-nit.
WHAT BUSINESS MEN THINK
PASADENA, May 13.-(Regular Core
spondence) Further interviews with Pas