The San Francisco call., 1898-07-03
PROPOSED PAVING
 OF MARKET STREET
MAYOR PHELAN OPPOSES IT
 FOR SEVERAL REASONS.
He Considers It Would Be Waste of
 Money Unless Certain Car Tracks Were Removed.

Mayor Phelan yesterday forwarded to the Board of Supervisors lengthy com munlcauon bearing on the paving of Mar ket street, between Second an Fifth, with pltuminous rock. He is of the opinion that unless the Market-street Railway company abandon and remove the rails on which horsecars are now run 1t would be futile to pave the street The commu- mcation of the Mayor is as follows:
 . The Honorable the Board of Supervisors of men: On May H. 1s9S the board let a con tract tract for the paving of Market street, from second to Fifth. work to be begun within hf- teen days. The pavement was to consist of nlne inches of concrete and a surface of btu- minous rock, which was to cover Market street from the curb line to a point two feet dis iani i rom the outer rails of the Market-street rarns naIaway Company's tracks. When the contract came 10 me for approval I endeayored by per so sona! negotiation with the railroad company, ba.. bne Merchants Association cooperating, to outside tracks, over which horse cars run The r4Iroad officials conceded that they could first. claIly affecting their monopoly of the street; second, that the horse cars exclusively using mat they would abandon the same in considera- o. e,oh 96 franchise to use overhead electricity company refused to abandon its tracks and would not even consent to voluntarily pay the part part or the roadway chargeable to 1t by law. slz, between It's tracks and rails and for two r rect beyond the outer rails In the same man. nsr as the balance of the street is paved
 alling to get any agreement from the Mar ket-street Railway Company l let the contract become effective without my signature desir- lnS thereby to indicate my dsapproval of the pavement of the street unless the unnecessary outer tracks were removed and the whole pave ment between the ca ble tracks and the curb done In thorough and satisfactory manner I am satlsned that If the street is paved as called for by the contract now that 1t will look ike patch upon our great thoroughfare and that It Will wear as badly the pavement on Fol som som street; on account of the presence of the ." fvIytlI ff1-I groove In which to run in, identically in the same manner as is common the narrower moved and the street paved to the cable tracks sufficiently large surface of roadway would lined in narrow space. they would travel over the street in such manner as would not be destructiye of the pavement, which would evenly Hence conclude that unless the outer rails of the Market-street Railway Company be removed 1t would be futile to pave that street with bituminous rock. You have extended the time for the completion of the work under the contract above mentioned to September next 1T 1T 1t is still the intention of the board to pave Market street with btuminous rock I would respectfully recommend that you carefully con sider the right of the Market-street Railway to maintain these objectionable tracks, and If satisfied that no such right exists, to order the a nuisance. A contract should then be let Tor the paving of the balance of the roadway. herewith submit an exposition of the law on the subject, which 1 believe to be sound, and which clearly indicates that the Market-street Railway Company Is. to-day illegally maintain
 
 paving of Market street with bituminous rock unless these tracks are% removed. will be waste of money, and the only opportunity this material will have to show its merits. if 1t pos sessses any on such busy thoroughfare would be by the uniform pavement of the entire sur face leaving but the double cable tracks in the center Of the street. Respectfully submitted
 JAMES D. PHELAN, Mayor
 Mayor Phelan forwarded with the com munication several excerpts taken from the laws bearing on the rights and priv ileges of street railway companies