Evening capital. (Annapolis, Md.) 1884-1910, 1899-08-25
OPPOSED THE TR0LLY.
City Council Refuses to Grant a
Franchise
TO THE POTOMAC AND SEVERN
ELECTRIC RAILWAY.
To Connect Washington City
And Annapolis.

TAAA0 xAAAh0pOuS.
A special meeting of the Mayor and
and City Council was held last night to
take action on city ordinance granting
franchise to the Potomac and Severn
Electric Railway. connecting Annapolis
city with Washington. A full board waS,
present. and the Council Chamber wa :
crowded with spectators.
Two reports were submitted by the
special committee appointed by the City
Conncil which met on Tuesday night
last to hear protests against granting the
franchise-a minority and majority re-
port-one fayoring the granting of the
franchise as proposed in the city ordi-
nance, and the other restricting the road
coming any further than Church Circle.
The reports and the original ordinance
brought about lively discussion. and
several amendments were made and
voted on.
The company was represented by
Francis T. Homer. Julian o. Ellinger
and James w. Owens. Judge ID. r..
Magruder, as one of the citizens OF
Annapolis, spoke in favor of the ordi-
nance.
City Counselor Moss took the ground
that there was no power in the charter TO
grant the franchise. This was contro-
verted as legal proposition by Messrs.
Magruder, Homer, and Owens, who, to
show their sincerity in the matter, agreed
that the ordinance should not become ef-
iective until its legality had been tested
in the courts at the expense of the COM
pany.
The vote on the original ordinance
stood as follows In the affirmative was:
Mayor Seidewitz. Aldermen Parkinson
and Basil--3. In the negative: Counselor
Moss and Aldermen Flood. Douw, Curry
and Wells-5.
The following is the original ordinance
submitted for the action of the City
Council:
AN ORDINANCE CoNFERRING CERTAIN
RIGHTS AND FRANCHISES UPON THE
POTOMAC AND SEVERN RAILWAY CON-
PANY,
Section 1. BE it ordained by the Mayor,
Counsellor and Aldermen of the City of
Annapolis, that the Potomac and Severn
Electric Railway Company, a body cor.
perate, duly incorporated under the laws
of Maryland, its successors and assigns
be, and they are hereby authorized and
permitted to lay single track. with
proper switches, turnouts and sidings,
along and over the following streets of
the City. of Annapolis, to wit:
From the Western City limits, along,
over and upon West street, to Church
Gle. (other streets named in the ordinance
were stricken out by amendment, with
the right to perform any work and do
any matters and things which may be
necessary or proper, in order to construct
upon any or all of said streets the tracks,
switches, turnouts and sidings here pro-
vided.
Section 2. And be it ordained that the
said Railway Company, its successors
and assigns be, and they are hereby au-
thorized to construct in connection with
said road tracks, switches. turnouts and
sidings. either an overhead or under
groundselectrical systom OF motive power
as may be most desirable to said COM
pany, or to use for the propulsion of cars
over said tracks; any other form of rapid
trRnsit motive power now, or which may
heheaiter be employed by any street
railway company in Baltimore City.
Section 3. And be it ordained that the
construction of said tracks, switches,
turnouts and sidings. so far as the same
shall effect the road bed or surface of
any or all of said streets, shall be under
the supervision OF the street committee
and City Commissioner of Annapolis,
and for all extra service performed by
said Commissioner in persuance Of this
section, OF this ordinance, he shall be
paid reasonable compensation by the
said Railway Company, its successors or
assigns; provided, however, that the
plan of construction of said road over the
road bed of said streets shall before con-
struction be laid beforethe Mayor, Coun-
sellor and Aldermen for their approval.
Section 4. And be ii enacted that the
bed of said streets within said tracks,
and for two feet on each side thereof,
shall be maintained and kept in good
order by the said Railway Company, its
successors and assigns, and any failure
on its, or their part to repair any part or
portion of said road bed, or the bed on
any OF the said streets. outside the said
tracks, but within two feet of either side
thereof. as herein before provided, for
a longer period than FIVE days after due
notice from the said commissioner to said
company, its successors or assigns, hav-
ing been given to repair the same, shall
be sufficient authority for the then City
Commissioner of the City of Annapolis,
to repair the road bed or street as the
case may be, and to order in the name
of the City of Annapolis an immediate
execution on the property of the said
company, its successors or assigns, with
out further legal process for the amount
of the expenses incurred in making such
repair.
Section 5. And be it ordained that the
acceptance Of the above franchises shall
preclude granting the use of the same
streets to any other Railroad or Railway
Company. and that the non-user of the
aforesaid granted franchises TOR the term
of three years. shall make said grant abb
solutely null and void; provided. never
theless. that the user of certain Of said
franchises within said period of time.
shall be sufficient to avoid the fort, iture
herein provided.