The herald., 1898-12-17
A STRONG PLEA MADE BY THE
TRACTION COMPANY
ARGUMENTS AND PETITIONS
Board of Public Works Investigates
Damage Claims-Street Superin-
tendent Wants Bills Paid

"
the proposed franchise on Eleventh stree,
from Georgia to Hoover, asked tor by the
Traction company, explain why the fran
chise, as asked for by that corporation
should be advertised and not as ha'
since been requested by the Los
Angeles Railway company, from Fig
ueroa street to Hoover street. The com
mittee rooms were crowded with interested
property owners and representatives OF the
Traction company, the Los Angeles people
not being represented.
The first petition asking that the fran
chise be advertised tor SAFE came from the
Traction company. The board heard argu
ment on the matter and recommended to the
council that the request be granted. The
same day this report was read a communica
ton was received from the opposition COM
pany, asking for a route over the same streets
with the addition OF two blocks on Eiev-
enth between Georgia and Flgueroa. The
only difference between the routes proposed
III the two applications is as to the point ..
beginning The Traction company wouln
have the franchise begin at Georgia anc
Eleventh streets, while the Los Angeles
Railway company would start 1T at Flgueroa
and Eleventh, just two blocks east of the
starting point as proposed by the other
corporation.
The Los Angeles Railway company, in ad'
vocating its application, contended that IL
their proposed route should be ADVERTISED
it would throw the franchise open to fair
competition to both companies; i'll Other
words, it would let in both on an even foot
ing, but if the Traction application should
alone be granted it would virtually shut out
a bid from the Los Angeles Railway COM
pany, leaving the field open to but one COM
pany-the Traction.
Council thereupon re-referred to the board
its recommendation, together with the new
application, that Il hearing might be gwen
both sides. This hearing took place yes
terday morning and strictly Traction dele
CATION was on hand; no one speaking for the
Los Angeles company, and apparently no
one being present to represent their appli-
cation.
Attorneys Wilson, Lamme, Gibson and
Anderson were the principal speakers Tor
the Traction company, the following points
being raised by them. That the Los Angeles
Railway company would never build and
operate a line over the proposed route, be-
cause the section affected was now depend
ent on the service of the Pico and Ninth
street lines, both belonging to the Los An
geles company. This service was alleged
to be very poor and totally inadequate to
the needs of that district; but so long as
competition could be shut out it would be
bad policy financially for the company to
run parallel line into the district.
1t was further maintained by the attorneys
that the franchise would not be valid one
if granted according to the application-or
rather--could not be legally operated because
it would necessitate the use of more than
five consecutive blocks of their line by an
opposition company. The law expressly
provides that two or more street railway
companies shall not utilize more than five
consecutive blocks of street railway line.
Hence, if awarded the franchise, the allega-
ton was made that the Los Angeles
Railway company could excuse itself from
building and operating on the ground that
the law expressly declared against joint
occupancy of the street lines by two COM
panies for more than five consecutive blocks.
After long discussion of the case, in which
the Traction people promised II the fran
chise was awarded to them to have cars run
ming within ninety days, it was decided to
call in City Attorney Dunn to give his opn-
ion upon the subject of the joint use Of
tracks to an extent greater than five blocks.
He said:
81 fully agree with the gentlemen who have
just spoken that no two lines, under the law,
can jointly use more than five consecutive
blocks of street railway. The council could
grant franchise, as requested and it might
involve more than five blocks of the same
line by two companies. The franchise
would be valid, but when it came to the
question of operating over the same lines
for more than five blocks it could not be
legally done. Of course, the matter might
be arranged between the companies-as is
frequently the case in this city-for a joint
use of more than five blocks of line, but in
my opinion, l don't believe the law would
uphold the agreements. However, you
street car fellows do lots of things that are
not legal, but you seem to get round in some
way" he concluded.
w. F. Bosbyshell made vigorous appeal,
declaring that the people had the pledge of
the Traction company to build and operate
the line within ninety days after being
awarded the franchise. He maintained
that the Los Angeles company's application
was merely intended to kill competition in
the district affected and that the company
could well afford to bid high for the fran
chise with this sole object in view. Sew
eral other property owners also spoke, all
being of the opinion that Mr. Wood did not
want to build road on that route, but de-
sired only to prevent the rival road from
entering the field midway between the exist
ing Ninth street and Pico street lines. Some
of the speakers became very personal at
times in referring to the Huntington system
OF street railways, but there was no one pres
ent to take up the cudgel in behalf of the
abused corporation.
Attorney Wilson presented to the board
a petition signed by some $50 residents and
property holders in the district through
which the franchise is asked, strongly favor.
ing the application of the Traction companv
for the following reasons:
First. To place the point of beginning of
the franchise at Figueroa street will cause
legal complications which may result in no
line of railroad being built at all.
Second. 1t is the opinion of MANY mem.
bers of the legal profession that the council
has no power to advertise franchise thot
would make the point of beginning at Fiu.
ueroa street.
Third. To place the point of bepinr;no a.
Figueroa street would require the Traction
company to bid for franchise over route
a part of which it already owns.
Fourth. If the franchise makes the no;rt
Of beginning at Georgia street, there will
be no question about the riobt to sou s,l