Los Angeles herald., 1905-03-28
SAYS RAILWAYS
MUST OBEY LAW
MAYOR URGES CITY COUNCIL
TO INVESTIGATE
Message Declares Corporations Are
unIawfulIy Operating Freight
Cars over Franchise for
Passenger Traffic

That Mayor McAleer intends to force
the street railway companies to obey
the law, IL possible, was brought out
with renewed force at yesterdays ses-
sion of the council. A communication
from the mayor dealing with the sub
ject was read.
Attention was called to the fact that
the street railway companies are oper-
atiag freight cars through the streets
of Los Angeles without franchise.
Not only this, but that public sentiment
on the question of carrying freight
through the streets is so strong that
short time ago a bid of s152900 for
the privilege was refused. AS this sem
tlment was so deep rooted, the mayor
declared that after the council had
declined to sell the right to transport
freight through the streets 1t should
not allow the right to be stolen.
Transfer Question
The council was also asked to investi-
gate the subject of street car compa-
management, running more than five
blocks on the tracks of other lines
without giving transfers. This is held
to be unlawful by the city attorney
under the charter.
The recommendation is made that an
ordinance be passed making it mis-
demeanor to operate cars without
franchise, and that the city attorney
be instructed to institute legal pro-
ceedings wherever necessary to force
the street railway companies to obey
the law.
The message was referred to the
legislative committee. 1t read as fol.
lows:
Mayors Message
81 desire to call your attention to
the growing use by the street railway
companies of their tracks for freight
carrying purposes; and, also, to the
joint use of street railway tracks by
different companies, claiming to be un-
der separate arrangements and, there
FORE exempt from the obligations to
issue transfers between their respective
lines.
THE street railway franchises
granted by this city authorize the car
riage Of passengers only, and the
transportation of freight over these
railways puts an unlawful burden on
our streets, which, if unchecked, will
soon grow into a public nuisance.
THE people of our city are unaltera-
bly, opposed to the operation of freight
cars upon street railway lines, as was
shown by the recent popular demon
stration against the proposed grant of
street railway franchise with freight
carrying privileges.
"In the case referred to, as the men,
bers Of the council will remember, the
people were almost unanimously op-
posed to the grant being made, al
though the largest sum ever offered for
a street railway franchise, to wit, $152,-
900, was the bid therefor, and it was
actually deposited in the city treasury.
Have No Freight Rights
'The public sentiment will not permit
the sale of the privilege of carrying
freight on street railways. We should
not allow such a privilege to be stolen.
with regard to the use of the same
track for distances exceeding five
blocks by different companies who do
not interchange transfers, 1 beg 10
refer you to an opinion formerly rem
dered by the city attorney on this
subject to the effect that such joint
use by companies who are under abso-
lutely independent managements, and
who are not bound to interchange
transfers, is unlawful.
II therefore recommend that you also
adopt an ordinance making it a mis-
demeanor to operate cars over any
street without franchise, and that
you instruct the city attorney to in
stitute such legal proceedings as may
be necessary to prevent the unlawful
use of our streets by railway compa-
nies.
(Signed) "OWEN McALEER,
Mayor"