Los Angeles herald., 1905-10-12
PLANS FORFEITURE SUIT
TO OBTAIN DISPUTED LINE
MAYOR TO ACT REGARDING THE
SOUTH PARK ROAD
Long Conferences With Deputy City
Attorney Street Superintendent
and Acting Police Chief Believed to
Portend Speedy End for Branch

Residents of the extreme southern
part of the city may use the South
Park avenue electric line in peace and
quiet until Mayor McAleer makes up
his mind which of three courses he will
pursue. The three courses are to place
a policeman on the line and collect all
fares, go out with an aggregation of
"huskies" and tear up the rails, or
bring a forfeiture suit in the courts.
The mayor will probably reach de-
cision today.
Early yesterday morning the mayor
began to envelop himself in an air of
mystery He first sent for Assist
ant City Attorney Herbert ]. Goudge
end a long consultation followed. Act
ing Chief of Police Auble was the next
to be summoned, and then Mr.. Goudge
was again in demand. Superintendent
of Streets Hanley held a private audi
ence with the mayor for half an hour
and yesterday afternoon Mr.. Goudge
and the acting chief spent hours with
the mayor.
The result of the conferences was
that the mayor came to the conclusion
that IL would be unwise to do anything
in the case now. He was of the opin-
ion that arbitrary measures would be
resented by residents of the neigh
borhood who are compelled to use the
line, and as the case is of considerable
moment he did not want to antag
onize any one who might be of assist
ance If less radical measures were
used.
1t Is expected that of the three meth
DDS which the mayor is considering,
bringing a forfeiture suit or tearing
up the rails will be the two between
which he will decide. The plan
to put a policeman on the car and
collect the fares for the city Is be-
lieved to be unfeasible by the city at
torney.
If the mayor decides to bring the
suit the council will be asked to grant
that privilege to the city attorney, at
it's meeting next Monday. The mayor is
determined that the city shall come into
possession of either the street or the
electric line, as the court has decreed
that the Los Angeles railway is using
the street unlaWfully.
This railway was granted a fran
chise by the city to build an electric
line on San Pedro street, from Fifth to
Thirtieth, and on South Park avenue,
from Thirtieth street to Slauson ave-
nue.. This was all in one franchise and
the terms specified that it was to be
constructed at the same time. The line
from Fifth to Thirtieth was built in
the time limit, but the part from Thir-
tieth to Slauson on South Park avenue
was not constructed until nearly two
years after the time limit had expired,
and when the line was constructed AS
sistant City Attorney Goudge with sew
eral policemen and laborers attempted
to tear 1t up.
The proceeding was stopped by an
injunction, but this injunction was dis
solved by the court last week. Whether
or not the franchise under which the
line was built is entirely invalidated
by the failure to comply with all it's
provisions is another question with
which the city attorney is struggling.
IF this is found to be the case the en-
tire road may come into the hands of
the city and probably be operated as
municipal electric line.