The San Francisco call., 1898-07-30
Market-Street Railway
 Enters a Protest.
MAYOR PHELAN TO GO AHEAD
DECLARES THAT THE RAILS
 MUST BE TAKEN UP.
Bids Advertised for the Work and Contractors Are Figuring on the Cost of the
 Job.

Yesterday afternoon the Market Street Railway Company filed the following self explanatory document with the clerk of the Board of Supervisors and also served copies on Mayor Phelan and Superintend- ent of Streets Ambrose:
 To the Honorable the Board of Supervisors Gentlemen: The Market Street Railway Con- Board of Supervisors of the City and County of San Francisco of its resolution No. l451 (Fourth wherein. among other things. 1t is recited that the said railway company has no power or authority to maintain or use in any manner or for any purpose the respective tracks now laid and operated by horse cars on the northwest erly and southeasterly portions of Market street in said city and countv and demand Is made therein that said railway company remove said tracks from said street or before the 9th day of August 1S9S and it Is also thereby ordered that on and after the said 9th day of August, 1898. the Superintendent of Public Streets remove all said tracks and their appur- tenances from said street. The Market Street Railway Company is further advised of writ ten communication addressed to and filed with Mayor of said city and county on or about the 2d day of July A. D. 1898. counseling and advising the adoption of said provisions of said resolution hereinbefore referred to, and of an intention declared by the said William F. Am prose, Superintendent of Public Streets, High ways and Squares of said city and county to forcibly said tracks and their appur- tenances in the same shall not voluntarily be removed by said Market Street Railway A b 1898,
 Now, therefore. you and each of you are hereby notified that the said Market Street Railway Company maintains and operates said railway tracks under and by virtue of valid and unexpired franchises granted to certain several persons and street railroad corporations and their successors and assigns by the Board of Supervisors of said city and county and the Legislature of the State of California to which franchises 1t has acquired title by con- veyances and by the consolidat!onof of the several street railroad corporations hereinbefore re- ferred to. And said Market Street Railway Company hereby declines and refuses to re- move the said tracks or any part thereof from said Market street, and protests against any removal thereof or interference herewith by you or any of you.
 or any such unlawful removal of said tracks. or interference with the same as is contem- tendent of Public Streets Highways and Squares, as aforesaid, you and each of you will be held by said Market Street Railway Con- pany to strict liability for all loss damage or injury which 1t may thereby sustain By order of the Board of Directors.
 J. L. WILLCUTT. Secretary of the Market Street Railway Com
 San Francisco, July 2s, 1898.
 Mayor fhelan said in reference to the protest: If the Market Street Comnany adheres to the position outlined in this communication you may assume that those outer tracks will come up on the oth Of August. Nothing has occurred to alter our intention to see the street re- stored to the city. The Supervisors will no uouDt consider the protest at their next meeting, but there is no reason to expect that they will reecind their for- mer action. The clerk of tho board haa already advertised for bids to pave the space where the tracks are now located and the contractors arc very anxious to make bids. I have had n consultation with Contractor Mcdonald. who is doing the paving now in progress on Market street, and he assures mo that perfect Joints can be made when the tracks nro removed. and tho paving company will anxious to do good work in the Market street pavement. as it will be II severe test of bltuminous pavement and dem- onBtrate it's wearing qualities"
 Superintendent of Streets Ambrose s1id last evening that he had not been served with copy of the protest by the Mar ket-street Company, but he had heard of 1t.
 T am satisfied" said he, that those tracks must come up. My attorney has been looking up the statutes for several days. and while he has not as yet given me his opinion am satisfied from what he has said that the resolution Is legal, and that will only be doing my duty in following out the instructions of the Su- paryisOrS