The San Francisco call., 1898-07-29
People Must Fight for
 Market Street.
BATTLE BEGINS AUGUST 6.
SPECIAL MEETING OF STREET
 RAILWAY DIRECTORS.
Supervisors Order for Removal of Horse-Car Tracks Discussed, but No Action
 Taken.

xrayor Phelan and the Board of Super visors on one side and the officials and attorneys of the Market-street Railway Company on the other are making prepa- rations for the great battle on the 9th of August, the result of which is of great moment to the people of San Francisco. On that day the legal and, perhaps, phy- sIcal contest for the possession of Market street will begin. The people quite nat urally think they have some inherent rights in their thoroughfares, but the street railway monopoly has possession of them and does not intend to let go without a struggle.
 There is but one sentiment throughout the city in regard to the removal of the ghorse car tracks which now obstruct and interfere with traffic on Market street. The railway officials have felt the force of this popular sentiment and have been compelled to take cogniZance of 1t. Un- fortunately the only appreciable effect so far has been to increase the desire ot the Huntington interests to hold the street Indefinitely or force the city to grant them even more valuable concessions for a release.
 There is a very emphatic difference of opinion among the directors of the Street Hallway Company on the subject of re- moving the outside tracks, and the two or three public-spirited men on the board may succeed in persuading the others 10 give consideration to the just demands of the people for once. The majority oA the board are firm in their deterhlhatIolI, however, to stand on what they term their legal rights. The opponents oI the imuroyement are depending on a dnlnu- ton of public sentiment ana nope that tntarest in the affair will die out before the expiration of the ten days given the company to restore the street to the city
 A special meeting of the directors 0I the Market-street Company was held yesterday afternoon and the resolution ordering the removal ot the track was discussed at length. Attorney Herrin was present to advise the board. NO definite action was taken, as the direc- tors were not all of one mind: Never theless, Mir. Herrin informed the news paper men after the meeting that the company had decided, after mature con sideratlon, that it would not act1Vely op- pose the city in its track-tearing. IT the Mayor and the Board or SuperVlSorS carry out their expressed intentions to remove the tracks on both sides of Market street they will meet with no opposition from the Market-street Railway Company.
 It was also given out in the Southern Pacific building that not even writ Of injunction would be sued out by the com pany, but the company will hle protests with the Mayor, the Board of Supervlsors and the Superintendent of Streets, warn ing them that if any or their property Is mutilated or destroyed by them or by their orders, they will be held personally liable for all resulting damages. That is the extent to which the Market.street Company will go in their present fight.
 MT. Herrin reiterated his former opin- ion that "The city officials, according to our interpretation of the statutes and ordinances, have no right to force the Market-street Company to tear up the tracks and repave their portion of the originally prescribed, is in good condition they cannot force repavement. That would be an unwarranted violation of contract"
 Mayor Phelan was informed of Mir. Her rin's statement that the company would remain passive and not attempt to pre- vent the city officials from removing the tracks. He said: That is a new attitude for the Southern Pacific people to take. There Is nothing new in the controversy and probably will not be until the 9th of August. We are well fortified with legal advice and know we are right We are not endeavoring to infiict any injustice on has no right to maintain two separate lines on any street, and will not be per mitted to do so"
 1. W. Hellman, one of the Market Street directors, said last night:
 The directors of the Market Street Railway Company have not as yet decided what action will be taken in regard to the resolution by the Board of Supervisors ordering the removal of the horse car tracks from Market street. Tn this connection l wish to be quoted that there is not man on the board who has not the welfare of San Francisco at heart. But this is not personal matter with us. we represent the interests of the stockholders, and as faithful agents we must protect the property of the people represent. A valuable fran ch!se is involved in this question, and would not be doing our duty if we allowed it to be taken away by force without making some effort to conserve the rights of the owners The convenience of the people who patronize khe horse car lines must also be considered These lines are really outlet for south of Market street. and thousands of people depend on them to get to and from their places of business The argument that the horse cars could be transferred to the cable tracks on Market street is absurd. During certain hours each day the cable cars are running only a length apart, and attempt to run horse