The San Francisco call., 1898-07-26
BRITT ASKED FOR MORE TIME
RESOLUTION TO REMOVE OVER
 HEAD WIRES DEFEATED.
Preparing to Extend the Police and Fire Alarm Telegraph System to Other Districts of
 the City.


 The Superintendent of Streets was au- | thorized to remove them after August If the Market-street Railway Company refused to do so. That portion of Market street is now being prepared for bitunlin- ous pavement and the Supervisors decid- ed that the work of tearing up the rails should be commenced without unneces- sary delay, inasmuch as the claim has been made that the company no longer has the right to maintain or use the tracks on which the horse cars are be- ing operated.
 After the transaction of the regular routine business Secretary Dodge intro- 1 duced the following resolution and asked it's passage:
 l Resolution No. - Fourth Series)
 Whereas. It Is advisable and for the public ! interest and convenience that Market street l from Second to Sixth street should be paved 1 with bituminous rock on concrete founda- pave a portion of said Market street from m Second street to Sixth street the presump- tracks on said street and had the right to con- struct, maintain or operate two double tracks granted; and whereas, the Market-street Rail- way Company on October 14 1893, by virtue of the consolidation of the several street railroads IS the successor 1p interest of all the rights. privileges and franchises granted on Market street and has the exclusive management of said street railroads; and whereas, the Market street Railroad Company, under the provisions fo section 499 of the Civil Code has no power or authority to maintain or use in any manner or for any purpose the respective tracks laid and operated by horsecars on the north westerly and southeasterly portions of the roadway of said Market street; therefore
 Resolved. That the Clerk is hereby directed to advertise for proposals to pave that portion of the width of the roadway of Market street rom Second street to sixth street from a point seventeen and one-haf CT16) feet from the curb lines on the northwestery line of Market street to point within two (2) feet of the track of the Market-street Railway Com ptad al lSO from point seventeen and one-haf Q712) feet from the curb line on the southeasterly line of Market street to a point within two feet of the track of the Market-street Railway Com pany on which cars are operated; therefore
 Resolved, That the Market-stret Railway Company be and is hereby required to remove from Market street the outside tracks of under it's management as being maintained on said street without warrant authority of and the Superintendent of Public Streets is hereby charged with the duty and is hereby tions said street and after the 9th day Of August, 1898, so that the public may have street.
 Resolved That the Superintendent of Public Streets is hereby required to prepare specifca- tions for paving that portion of Market street from Second street to Sixth street, excepting been exempted. where other noseless pave ments have been laid between the points named.
 Supervisor Britt said that he would nave u NOlS dBdlIl lIlt I6SOluIOn, l1l- asmuch as the board had requested City and County Attorney Creswel to render an opinion on the question of the power of it's members to direct the removal of the rails We should out of courtesy to Attorney CreSwell wait until he has given us his legal opinion" concluded Britt
 "I am not desirous of showing any dis courtesy to Mir. Creswell," said Super visor Dodge, for I hold him in the high nct acta T haIi h,tr 4to4 should act at once. He was requested to give us his opinion several weeks ago and we have not yet heard from him. If the rails are to be removed the work should be done before the street is bi- tuminiZed.'
 Britt then moved that the resolution be laid over for one week in order that At torney Creswen be allowed time to file
 'The City and County Attorney intim- ated to me to-day, said Mayor Phelan, that the company had no legal right to maintain the horse car rails. He said he was still looking up the law, but had not been able to give the question all the time 1t required, lnasmuch as he had many pressing duties to attend to a member of the Board of Election Commissioners.
 T have been informed by two of the best read attorneys on municipal matters, said Supervisor Dodge, that the railroad company has no longer any right to main- tain the objectionable rails and operate horse cars on them.
 II would prefer to wait until we hear from the City and County Attorney said Britt. "If we have the right to order the rails removed, no harm can come from waiting another week. If we have the right to order them removed by the Street Superintendent, am in favor of exercis- ing that right, but l don't want to be too nasty In the matter.
 Britt's motion for postponement was not seconded, and the resolution was passed
 In this connection, it is proper to state that Street Superintendent Ambrose sent a communication yesterday to Superin tendent Vining of the Market Street Com pany directing him to remove the horse car rails and also do the necessary re- pairing and bituminiZing of that parr of Market street between Second and Sixth streets, over which the company operates the cable road. The franchise granted the company, requires the corporation to keep the street in repair between the rails and two feet outside the outer rails.
 Supervisor Dodge next attempted to start the crusade against overhead wires, but failed. He introduced resolution or dering the Western Union Telegraph, Electric Light and the Telephone Com pany to remove their overhead wires on Market street between Second and Sixth streets, and place them underground.
 We should commence at once on the work of causing the removal of these overhead wires" said Dodge, land the time for starting is opportune. Now that Market street between Second and Sixth is being repaired we should see that the wires are put under ground before the bi- tumen is laid.
 Britt and Devany were of the opinion that all the wires should be placed under the sidewalks instead of in tie street. Rivers and Morton remained silent, but when it came to vote they sided with Britt and Devany and the resolution was lost.
 The finance committee was directed to provide in the next tax levy for a new central office for the Fire Alarm and Po- lice Telegraph Company and for 150 new police and fire signal boxes
 Bids were received for the furnishing of tions. The Gamewel Electric Municipal Company made a bid of $35,0O0 and the Municipal Signal Company of Boston one nf s9S 60l The neceSSarY certified chenlc