The San Francisco call., 1899-05-20
TAXED WITH
TRYING To STEAL
A BIC FRANCHISE
Sanitary Reduction
Works Accused.
CHARGED WITH BAD FAITH
GARRET McENERNEY ATTACKS
A PROPOSED ORDINANCE.
Declares That Under the Guise of an
Amendment the Corporation Is
Trying to Gain
Monopoly.

Are the owners of the Sanitary Reduc-
tloh works trying to steal a valuable
franchise from the city? ATTORNEY r. p.
Mitchell representing the corporation
says that it is not. Attorney Garret w
McEnerney, representing the Scavengers'
Union. declares that 1t is. Not only does
he so declare, but he gives day and date
Tor all that he has to say on the subject
and refuses to qualify his declaration by
so much a word
The arguments of the learned attor-
neys were presented to the Health and
Police Committee of the Board Of Super
vlsors yesterday afternoon, the occasion
being the consideration by the commit
tee OF the blanket ordinance introduced at
the meeting of the board last Monday at
the instance of the owners of the SAM
tary Reduction Works The proposed
ordinance purports to be an amendment
TO the existing ordinance compelling
householders and others to cause all
garbage and refuse of whatever descrip-
ton to be conveyed to the crematory of
the Reduction Works and to pay for it's
obstruction by the sanitary methods in
vogue there. 1t differs from the existing
ordinance only in that it provides that
the Reduction Works shall not charge
to exceed 20 cents per cubic yard for
destroying the garbage in it's furnaces
1t IS this apparently innocent and inof-
fensive amendment that has caused all of
the trouble and led to the serious charges
made by Mr. McEnerney.
Mr.. Mitchell, on behalf of the corpora
ton, explained to the members of the
committee that what was asked of the
board in the way of an amendment to the
existing ordinance was really not of great
consequence to the corporation, but was
OF prime Importance to the community
at large, as it provides for their protec-
n mi inn Yn1-ine be.
can be forced to pay for the destruction
of their garbage. He rehearsed at some
length the history of the corporation
from its inception to the present day, and
cfVilizing Improvement, which should re-
ceive the approval and support of all good
citizens not to mention the members of
the Board of Supervisors.
When Mr.. McEnerney was accorded the
privilege of the floor he lost no time in
coming to the point We claim" he
attempt is being made to steal a franchise
that nets the Sanitary Reduction Works
the sum of $4,000 year on an investment
of $150,000. The Sanitary Reduction Works
is here asking this board to grant ii free
of charge privilege that will permit it
to.levy tribute on the people of this city
for fifty years to come
This was sufficiently startling, but Mr..
McEnerney was not done He repeated
that the corporation was attempting to
steal franchise and then went ahead
and proved the truth of his assertion. He
explained that the question of the valid
ity of the franchise under which the cor
poration is operating is now pending in
the United States Circuit Court before
upon which the validity of the franchise
is attacked is that it makes no provision
for the maximum price that may be
charged by the corporation for the incin-
the people are at the mercy of the cor
poration and have not the protection that
is guaranteed them by law.
While this question is pending; he
or not the corporation has a franchise,
they sneak in here and ask this board to
pass an ordinance that will repair the
very defect upon which our contention is
founded Should this board pass the pro-
posed ordinance and If on the following
day Judge Morrow should declare the cor
poration's franchise invalid, what would
be the result? The corporation would
laugh in the faces of the citizens, whom
they seek to bleed This proposed ordin
ance would then be their franchise and
the hands of the people would be tied.
Their present existence is due to collu-
sion between the attorneys of the cor
poration and the members of the last
Board of Supervisors. Now they seek to
hoodWink the members of this board and
secure themselves in advance against an
adverse decision which they have cause
to believe will be rendered by the
taken by the board in this matter
until the validity of the corpora
tion's franchise has been finally passed
upon by the courts, or at least that the
board will submit the question of the
validity of the existing ordinance to the
City and County Attorney before any
action is taken.
! In reply, Mr.. Mitchell denied that the
revenue of the corporation which he rep
resents is anything like $4,000. He said
that all public improvements were subject
to adverse criticism and he asked that
the committee be not led away by the
eIoouence of the learned gentleman who
represented the other side
After some deliberation the committee
decided to postpone final action for one
week.