The San Francisco call., 1898-01-07
A SILLY BOODLER.


 { newspaper whose purposes are insncere. The Mission street booder is anxious to get onch into the proposed new charter which will compel the Southern Pacific to offer it another lad Vertsng contract It is aware of the fact that the corporation never advertises unless coerced and 1t knows ot no better way to coerce it than to the adoption of provision in the charter which will threaten to confscate its property Hence the sup port 1t IS giving to the proposition to forfeit upon thelr expiration the franchises of the Market street railway system.
 In an attempt to show this poodle sheet that it IS throwing its energy away we said the other day that no such cinch' could be valid for the reason that being Tn conflict with State statute providing for the sale of railroad franchises, it would be constitutional Our motive was kindly. Having no objection to the poodle sheet again entering the employ Of the railroad monopoly, we intended merely to direct its mind into more promising chan nes, tor 1t IS certain that 1t will never get another advertising contract by threatening the forfeiture of the franchises of the Market street company But our kindness seems to have been misplaced me ooodler denounces us as a corporation organ and says that know less law than necessity which knows no law.
 | Nevertheless, we must insist that the booder is wasting its time. Section of article XI of the con sttution provides that "any city < may frame charter for its own government consistent with and subject to the constitution and laws of this State, etc. This section has never been modified or repealed. The amendment of 1885, providing that charters shall be supreme in municipal af fairs, does not apply. Selling railroad franchises is not municipal affair The State owns the streets. At common law the King held the fee simple of all the highways and our King is the State. The of the streets and the authority to | improve and maintain them is granted to the city by the State, which creates the city and from which 1t derives all its powers. The State having passed an act establishing uniform rule for the sale of railroad franchises covering its own property, all charters must be consistent with it. In the case of | Davies the city of Los Angeles the Supreme Court decided that the charter of that city must be controlled by general law providing for the open ing, widening and extending of streets Why must not the charter of this city be controlled by general law for the sale of railway franchises?
 But of what use is it to call the Mission street | hooder's attention to law? The last things in the world it about statutes and Supreme Court decisions. What it wants is "cinch" which will compel the railroad monopoly to advertise" The recollection of that S3oooo contract must finger in its memory the perfume of new-blown roses is said to hang around Paradise.
 | However, there is question whatever that in this matter of franchises the boodler is wasting its words. That matter contains none of the elements of good "cinch." The power to make it effective does not reside in the Board of Freehoders, but in the Legislature. The corporation attorneys, of whom it occasionally speaks with so much re- spect, undoubtedly laughing at its ignorance What the boodler should do is to go for the water and gas companies. Is 1t aware of the fact that Spring Valley is earning per on it's stock and that last year the Gas Company paid million dol ll1-c 1txyt1 aIec
 earns only miserable 25 cents share and that not more than in three months The boodler ought not to desire to fleece the poor