The San Francisco call., 1897-01-27
BILLS THAT WILL
REQUIRE REVISING
They Threaten All the New
Railroad Enterprises
in the State.
Cutting Off Privileges That Are
Now Enjoyed by the
Southern Pacific.
Peculiarly Worded Measures That
Would Hamper the San Joaquin
Valley Line.

SACRAMENTO, CAL, Jan. 26.-Friends
of the San Joaquin Valley road say that
| there is danger to all new railroad enter
prises in this State in certain bills now be-
fore the Assembly. The first is Clark S
Assembly bill 43S. already published in
THE CALL. to the effect that it shall be un-
lawful for the Board of Supervisors of any
county to grant any franchise for the con-
struction, operation or extension of anv
railroad over or upon any or part of any
county road or highway except for the
purpose of crossing the same. AS every
traveller we'll knows a considerable portion
of the Southern Pacific lines run very close
to county roads at many points In the
State, and yet nobody has ever complained
of the contact. The utility OF the public
of devoting narro " strip of broad county
highway to railways is not new dis
covery.
The San Joaquin Valley Railroad is laid
on part of the county road running out
of Stockton, and no protest against its
operation has ever been raised by the IN
habitants of the section OF the country
penetrated by the railroad. The conces-
sion is in their interest and serves TO
cheaper and facilitate the procuring OF
rights of way. Obviously enough this IS
why opposition TO the Valley road is
striving at this time to bar the way. The
Supervisors of San Joaquin, Stanislaus.
Tuolumne and Calaveras counties are
ready and anxious to cooperate with all
legitimate projects to construct new rail-
roads through the respective territories
over which they have jurisdiction.
Aware of this condition of Affairs, and
that the San Joaquin Valley and Sierra
Pacific companies are seeking to secure
other rights of way in this fashion their
enemies hope to strangle that bona tide
enterprise by inducing the Legislature to
enact a law prohibiting county Super-
visors from granting any franchise "for
the construction, extension Or operation
of any railroad over or upon any or part
of any county road, or highway IN any
county in the State of California, except
for the purpose of crossing the same"
Mead's Assembly bill 331 amending
section 359 of the Civil Code seems to be
another effort of the opposition. The
clause prohibiting companies from issuing
bonds in a total amount greater than
| 80 per cent of the cost of the corporate
plantp or property upon LAS oCOHiAhJ Va
which the bonds are issued will If enacted
render it ina possible to borrow the capital
necessary for the completion OF any new
competing railroad in this State.
The legal construction to be given to the
wording of the proposed ordinance is that
no money can be borrowed until the work
of building road has been finished and
the actual cost ascertained.
Assembly bill $40, by Dibble, is also OBJ
iected to by the friends OF the Valley road.
1t reads as follows:
Sec. 1855 Costs must IN all cases be al
| lowed to the defendant and he shall be en-
! titled to include in his cost bill all payments
made by him to the official reporter for the
| transcription of the notes of the evidence
given at the trial, whether such transcription
has been ordered by the court or not, and the
defendant shall also be entitled to recover as
| costs reasonable attorneys fee in the case,
| to be fixed by the court
The original section reads as follows
"Costs may be allowed or not, and if al
lowed, may be apportioned between the
parties on the same or adverse sides, in
the discretion of the court"
S. D. Woods of Stockton, on behalf oi
the Valley road. and Mr.. Bullock, the
protector of the Sierra Pacific road, ar.
| rived here tonight to look after the bills.