The San Francisco call., 1898-10-07

The Southern Pacific Railroad Company, through its attorney John D. Foulds. made an unexpected admission to the Street Committee of the Board of Super visors yesterday afternoon. It was to the effect that the railroad never did have written permit, to say nothing or franchise, to operate railroad track through the heart of San Francisco.
 This interesting bit Of information de veloped through the cross questioning or Thomas B. Slevin, president of the Mis- sion and PotTero Improvement Club, who appeared before the Street Committee, in company with nine other members of the organization, to protest against the grant . ing of a permit to the Southern Pacific to lay double track line to its depot at Third and Townsend streets, in place of the single track line which 1t is now ope- rating.
 Slevin pressed the question upon Attor- ney Foulds as to what authority the Southern Pacific had for operating a track over Harrison street. So far as he could find, by searching the records, no permis- ssion had ever been granted to the railroad to lay rails in that thoroughfare.
 To this query Foulds replied: 'There are more ways than one to secure iran chise to operate our tracks. Admitting that there was no written order giving the company the right to lay tracks on Harrison street that can be found at the
 
 city and county maps now in exis- tence place the Southern Pacific tracks on that street and others and that this map is official. Therefore the right of the com pany to have track there is legally rec ognized." |"
 This remarkable statement produced a sensation among the auditors. Several members or the improvement club pro- tested that the mere fact that the maps showed a railroad line along certain in d1cated route could not be construed into a permission for the permanent posses Slon or right Of way. The railroad had gradually usurped the property and Streets through San Francisco giving out the statement that it was only a tempo rary occupation until it could build its line along the water front where it did possess franchise. The objectors de- clared that the track ran through a thick " populated district and that the trains were such noisy and dirty nuisance that adjacent property had deteriOrated fifty per cent as a result. They demanded pro- lecuon rom the Supervisors, declaring that II the railroad company was granted the permit to lay a double track. it would, in effect, be a perpetual franchise AIIoWlng the Southern Pacific for all time So operate It's trains through the heart of san franclSco, instead of skirting the city AIong the water front as it should do to e Ixe Ihc0nVenlence Of the smallest number or people and the resulting advantage of the great mass of citizens
 W. C- Kenny, a well-known resident oF the subject. Said he: ''It is a weII-lyno,I,n Tact that the Southern Pacific has uslirped rlshts in this city that could never have been obtained by legal means. The pres ent route of the road through the city is usurped: It sneaked in on an alleged sldetrack for some time. saying that it was only temporary spur but it grad uaIIy Iengthened and heightened until 1t pierced the city. Now the company is seeking to make their squatter's rights permanent. Thousands of people bought homes out in the Mission district on the statement that the railroad track was only temporary and that the nuisance or the trains would soon be abated Now 4he company tries by trick to get the iaWful acts of encroachment and to place II Tn possession of a permanent double track through the heart of San Fran cisco. Such a thing means irretrieya bIe disaster. They propose to stay right where they are, those railroad tricksters and not to build the line around the city where they are supposed to go. Why, you can Keep plaster on the walls of a house within two blocks of their railroad trains A blind man would think there was a perpetual earthquake machine in the railroad to get out, and are willing to allow reasonable time-Say two or three years-but the proposed grant of a double track permit is in the direction of a per- petual nuisance"
 Other members of the improvement club paid their compliments to the Southern Pacific as Corporation without de- cency" and ''an evader of taXes'' as a thief that came in the night and stole real estate, both public and private. The war waxed warm, to the evident disquiet of the Southern Pacific'S attorney and also of Supervisor Britt. who presided as chairman of the Committee on Streets The Supervisor was plainly in favor of the Southern Pacific, assisting the railroad at torney as against the people of the Mis- sion. This fact was evidenced a number of times by his remarks and questions all of which were calculated to assist the