The herald., 1897-03-06
BOARD OF PUBLIC WORKS
The Allen Electric Franchise Up
for Discussion
He WILL TAKE ALL CHANCES
Anxious to Pay Over The Money Despite
Court Ruling
|E WILL TAKE ALL CHANCES
Representatives OF the Home Telephone COM
pany Also Before the Board-The
Recommendations Adopted

At the meeting Of the board Of public
works yesterday morning in the COM
mittee room at the city hall, all the
members were on hand, and as soon as
Chairman Blanchard called the meet
ing to order, the transaction of business
was commenced. Besides Messrs. Ma
thuss and Ashman, the other two men,
hers, several councilmen dropped in
from time to time, and number of con-
tractors and others were also in attend
ance.
At the morning session the principal
matter that came up was the electric
light franchise advertised for sale some
months ago. 1t will be remembered
that the highest bid presented was by
Mr.. Allen, through w. NJ. Garland, at
the time a member of the board of edu-
cation, as his agent, who offered $2l00.
The next highest bid was that of Mr..
Stats, who offered $1100. The matter
was taken into the courts on a writ of
mandate to compel the council to award
the franchise to Staats, on the ground
that Garland, being a city official, could
not bid on the franchise, provision be-
ing in the charter against it. The court,
after full hearing, decided that while
bid made by city official was not
good, it did not necessarily follow that
the second highest bid had to be ac-
cepted, holding, in fact, that in case of
the highest bidder being defective or
being rejected, there was nothing to be
considered, the inference being that the
franchise would have to be readver-
tised. This was some weeks ago, and
nothing has been heard of the matter
since until last Monday, when City At
torney Dunn appeared before the coun-
Gil and stated that Mr.. Allen was ready
to deposit his money with the clerk and
take the franchise, notwithstanding the
adverse ruling of the court. Mr.. Dunn
was not prepared to give legal opinion
on the matter at the time, beyond say
ing that he could not see how the city
could suffer, as they would have the
money, but he did not think the fran
chise was any good. The council was
taken so much by surprise at the idea
of man wanting to buy a franchise,
anyway, even after the courts had de-
cided against him, that the whole busi-
ness was referred to the board of public
works for examination.
At the hearing yesterday Frank p
Flint appeared for Mr.. Allen, and stated
to the board that his client was willing
to at once pay into the city treasury
the amount of his bid and further that
lie would file good and sufficient bond
in the sum of $4,000 to carry out the
provisions of the franchise If it was
awarded to him.
Henry O'Melveny, who appeared for
Stats, maintained that it was wrong
for the board to consider bid that had
been declared by the courts to be in
valid ard contrary to public policy, ar
guing that recommendation in favor
of accepting such bid would furnish
an opportunity for much jobberN He
claimed that the board had the right to
reject or accept any or all bids. and
he therefore asked the board either to
accept the bid of his client or readver-
tise, saying that IL the latter was done
he would guarantee to bid as high as
that OF the original Allen bid.
AS the members of the board could
not make up their minds what to do,
the matter was taken under advisement
until the city attorney could be con-
suited.
At the afternoon session the applica-
tion of the Home Telephone company
for franchise was taken up. Henry
O'Melveny. as attorney Secretary Vet
ter and other gentlemen Interested in
the proposed enterprise, were in at
tendance. Mr.. O'Melveny presented the
application and read its provisions to
the members of the board. He stated
that the company was backed by leading
business residents of the city; that 1t was
already Incorporated under the state
laws; had the capital to put up the
lines at once, and would soon extend its
connections to other Southern CAL
ifornia cities and towns-Pasadena, San
ia Ana, Riverside, San Diego etc. He
stated that 1900 subscribers had already
been secured in this city, and the sue
cess of the undertaking was assured
City Attorney Dunn was sent for and
stated that law had been passed by the
state legislature making certain changes
in the manner of advertising franchises
IL the emergency clause was in the bill
it would go into effect from and after its
passage. but If 1t was not, then the act
would take effect sixty days from its
passage. Mr.. Dunn said that he had been
told that the bill did not contain the
emergency clause. but he could not say
positively whether such was the case or
not. He said that he would try and as
certain this fact at the earliest possi-
BILE moment.
Mr.. O'Melveny said that until this
point was settled he did not care to pre-
sent the application. If the emergency
clause had been inserted and the act
was now a law. he would want to put
in new application; if not, he would
like to go ahead as soon as possible.
Action was deferred until such time
as the city attorney could report as to
the status of the law.
The following recommendations were
adopted for submission to the council
at the meeting Monday:
In the matter of the protest of prop
erty owners against the opening. ex-
tending, grading, curbing, graveling or
improving Critics street, now Aubrey,
on account of hard times, recommend
that the same be filed, as the matter
has been adjusted in a manner satis-
factory to the protestants.
In the matter of the proposition of the
property owners on Grand View avenue,
between Eighth ard Ninth streets, to
donate 5 feet G inches of land in front of
their property to make the street a uni
form width of sixty feet. before the same
is graded, recommend that the city en-
gineer survey the street and furnish
the petitioners with description of the
land to be decided to make the street a
uniform width. the property owners to
then present the necessary deeds to. the
city, when the council will order the
present proceedings to be abandoned.
In the matter of proposals to sidewalk
Pico street. from the east line of Maple
avenue to the west line of San Pedro
street, 1t was recommended that the
bid OF c. CMerrill. Jr., for S% cents per
square foot. be accepted and the neces-
sary resolution of award adopted.
In the matter of the proposal to i'm
prove Pico street, from the east line
Of San Pedro street to the east line of
Stanford avenue, recommend that the
bid OF L. ]. Wall be accepted and the