Los Angeles herald., 1905-10-26
South Park Deadlock
Is Broken
City and Railway Reach
Agreement
Road Virtually Consents to Lease
Contested Portion Of Track,
Paying Sum Of $40
Month

The great deadlock Is broken and
this morning the clang of the electric
cars will be heard on the South Park
avenue line.
The CITY and the railway company
reached an agreement yesterday ana
at a special meeting of the city council
held late yesterday afternoon, the
mavor and clerk were authorized to
affix their signatures and the seal OF
the city of Los Angeles to a stipula-
tion which in every detail is lease by
the railway company to the disputed
line. The word" lease" is carefully
avoided in the agreement.
The provisions are, first, that the Los
Angeles railway company shall pay $lO
a month into the city treasury Tor a
period of two years and that in con-
sideration of this sum the street rail-
way will be permitted to operate Its
cars over the disputed line without in
reference by the city officials
No Rights Recognized
The second provision is that the
company does not recognize any right
of the city to the disputed street and
that the city does not recognize any
right of the railway company to a
franchise, and that neither side loses
any rights under the law and both
agree that the supreme court shall
pass on the case with no regard to any
stipulation.
In the document that history of the
South Park avenue squabble is gone
into at length with much legal phrase
ology and many "whereases" and ends
with the following:
Now, therefore, in consideration OF
the premises and of the agreement on
the part of the Los Angeles Railway
company to pay to the city OF Los
Angeles, in the manner hereinafter
provided, the sum Of $40 per month
for the period of two years from the
date hereof, it is hereby agreed by
said city that the said corporation
may take and have possession of SAID
street railroad tracks on San Pedro
street south of Thirtieth street and on
South Park avenue, north of Slauson
avenue, and make, maintain and
operate itc cars over said tracks dur
ing said period. And in consideration
of the premises the Los Angeles Rail
way company hereby agrees that 1t Will
pay to the city of Los Angeles the sum
of $40 upon the execution and delivery
Of this agreement, and the sum of
$40 per month monthly on the 25th
day of each and every month hereafter
during said term.
agreed by and between the city of
Los Angeles and the Los Angeles Rail-
way companay that by entering into
this agreement the said company does
not recognize any title in said street
railroad in the city of Los Angeles, but
that said company claims franchise
for the operation and maintenance of
a street railroad upon San Pedro street
and South Park avenue between Thtr-
tieth street and Slauson avenue and
the right by reason of such franchise
to operate and maintain street rail-
road between said points upon said
streets. And it Is also understood and
agreed that the city of Los Angeles
does not admit the ownership or pos
session of any franchise or right of
way by said company for street
railroad on said streets between said
points or waive the right to claim and
assert by suit the street railroad upon
said streets between said points was
constructed without franchise, ana
1t is further understood and agreed
that by reason of this agreement neith-
er party valves or shall lose any right
or rights it may have under the law
or by virtue of any franchise here
tofore granted, and both parties agree
that the controversy appealed to the
supreme court in the case of Los An
geles Railway company VS.. The City
of Los Angeles, Detore mentioned, snail
be passed upon and determined by that
court without regard to this agree
ment."
Legal Department Wins
Through this agreement the city's
legal department wins nearly every
thing 1t has contended for since the
beginning of the controversy, and that
was that under any form of lease the
railway company must be the lessee.
This has been the rock ON which
all suggestions have been shipwrecked,
for the railway company has repeatedly
stated that it would not consider a
lease in any manner, shape or form.
The committee of the council, which
has been in frequent consultation with
the railways attorneys has been given
to understand in most emphatic terms
that a lease would not be considered by
the railway company for a minute.
However, it is believed Mr.. Huntington
preferred to accede to the city rates
rather than Inconvenience the residents
of the district.
When the agreement was read to the
council yesterday afternoon the proper
signatures for the railway were already
affixed and the document was sent to
Mayor McAleer last night for his sig