The San Francisco call., 1905-08-19
WILL DEFEND
LEGAL. RIGHTS
Geary Street Railway Com
pany Will Not Give Up Its
Property to Municipality
MAYOR STILL OPPOSES
His Efforts to Block the
City's Acquisition of Road
Needed Not by Supervisors

The conference Of city officials held
yesterday in the Mayors office to con-
slider proposed revised plans for the re-
construction of the Geary street road by
the city brought to light the fact that
the company now operating the roau,
whose franchise has expired, VIII not
permit the city to confiscate the roadbed
without taking steps to prevent it. The
discussion developed that the company
claimed to own the rails and roadbed.
A d. Shepard, vice president or the
road said the Geary-srreet railroad
stockholders do not relinquish any OF
their legal rights TO any property IN
which they are interested and Will take
steps to preserve their rights. E. T.
Troy stated that Horace G. rlatt, presl-
dent of the road, had formally relinquish-
ed all claims to the roadbed and other
property, which was a consideration for
permitting the opera ton OF the road a1ter
the franchise had expired. Shepard salo
the only consideration as return Tor
the operation OF the road was the agree
ment of the company to pay to the city
per cent of the gross receipts, Whlcn
he regarded as a license for operating the
road Troy held that the company could
not gain any rights, except as the charter
provides, and the contention OF the COM
pany that it had secured any permanent
privilege is frivolous, IS no resolution 10
that effect had ever been adopted by the
board
Engineer Stut, who prepared the plans.
stated that il would be cheaper to use
the old rails for seven years and then
replace them with grooved rails. Inc
cars could be eight feet wide and or
modern construction. Slut said the road
bed is in fine condition and it would cost
a great zeal TO tear it out as 1t Is as
solid as a rock
C,-v1a EnnnnT thought II would be
well for the company to take up its
rails, so the city could put down grooved
rails at once Slut said tnat If he had to
prepare the plans again he would not
change them, as under them the ROAD
would be a paying proposition with
comparatively small outlay. The Mayor
read a list of objections prepared by an
engineer, who holds that the space be-
tween the two inner rails is too narrow,
which would necessitate the relaying OF
the tracks
Troy said If the dirt was not flying be-
fore the next November election 1900
people who had voted for municipal
ownership would hold the Mayor respon-
sIble. The Mayor said he would accept
the responsibility, but no body of men
would influence his decision to insure a
modern system
Troy wanted to pin the Mayor down
as to whether he would refuse to ap-
prove the contract or block construction
work, but the Mayor refused to state his
intention, merely stating that the Super
visors would be responsible for any de-
fects.
Connor said the city would certainly
build the road and the grooved rail would
increase the cost by s125,0Oo City Engin-
eer Woodward suggested that the issue
with the Geary street company be met
now and work proceed at once under the
old plans, unless the Supervisors would
consent to changing them. which does not
seem probable, judging from their public
utterances.
Slut will be engaged at once by the
Board OF Works to prepare the plans.