The San Francisco call., 1901-12-25
FRANCHISE HAS
LONGER TO RUN
Error as to Expiration
Of the Geary-Street
Privilege.
Correct Date Is November 8,
1903, Instead Of April
13, 1902.

IN taking the preliminary steps for the
acquisition Of the Geary-street road by
the municipality, the Board Of Supervis-
ors was detected in serious error yester-
day, which may render nugatory for the
time being any possibility Of consummat-
ing the project The error consists in
figuring that the franchise granted to the
owners of the road expires on April IL,
1902. when in fact it viii not expire until
November G, 1903 or exactly one year,
six months and twenty-three days later
than the date reckoned upon by the
Board Of Supervisors.
The history Of street railroad franchises,
published by authority of the Board of
Supervisors ana containing a digest of
all the ordinances granting rights Of way
TO various street railroad companies, dis
closes the fact that by ordinance number
1859, passed November 6, 1873 a franchise
was granted TO Charles Main, Reuben
Morton, S. c. Bigelow, James McCord,
William Eppelsheimer, c. T. McDermott
and Thomas r. Hayes, in terms as fol-
lows:
The Geary-street Franchise.
Commencing at the intersection Of the west
erly line Of kearny street with Geary street
and running thence westerly along Geary street
10 Central avenue; thence along Point Lobos
avenue 70 First avenue: thence alon% First
avenue to the park. Franchise twenty-five
years from November q, .lS7S. Cars to be
moved by horses or by wire cables moved by
stationary steam engines. License tax $40 per
annum upon each car used. Rate Of fare not
10 exceed cents; rate of speed not to exceed
eight miles per hour.
1t viii be noted that the language of
the ordinance specifically states that the
franchise expires twenty-five years from
November G. 1873, which would make the
date Of expiration November g, 1903.
The mistake Of figuring on the eXpira-
ton Of the franchise as April 13, 1902,
originated from the fact that a previous
ordinance, numbered 1852. was adopted on
April 13, 1877, granting franchise to c.
T. Deane, William Eppelsheimer, c. H.
Stanyan, W. w. Morrow, George K. POr-
ter and Zenas CrOwell to operate street
cars along the same right of way as
granted IN the subsequent ordinance, but
with the two blocks from Kearny to
Stockton eliminated therefrom. The own
ers Of the read realized that their fran
chise would be Of greater value if the
road should run to kearny street, so the
the privilege, included the two blocks
named. which were incorporated in the
later franchise passed November 6, 1873.
which superseded the one granted April
y, 1877. The latter franchise was in fact
nullihed by the adoption of the ordinance
granting the amended franchise.
City Attorney Asked for Opinion.
After all these years the City Attorney
has been called upon to determine
chise in 1875, since it was for practically
the same route as that granted by the
franchise of 1877 with only the addition
Of the two blocks between Kearny and
Stockton. Should the City Attorney de-
eide that the second franchise covers Onlv
the two blocks named and the first fran
chise the rest Of the route, the munich
pality would still have TO wait more than
a year and half to use the roadway be-
tween Kearny and Stockton streets.