Los Angeles herald., 1905-10-15

When the committee of twenty from
the South Park avenue district calls
upon the city council Monday morning
to insist that the city preserve nothing
more than an armed neutrality and
make some agreement with the Los
Angeles Railway company whereby
operations may be resumed on the
South Park avenue electric line it is
likely to meet with an unexpected
shock, for the council will have no legal
right to enter into such an agreement.
Such is the opinion of assistant city
Attorney Goudge. the official who in
all proba ability will be called upon to
solve the knotty problem for the coun-
Gil at it's session Monday
Judge York, by dissolving his own
temporary injunction, has decreed that
the Los Angeles railway has no right
to operate a line on San Pedro street,
south of Thirtieth. and on South Park
avenue to Slauson avenue. The law
DEGREES that a franchise can be secured
in but one way and the council has no
authority to enter into an agreement
with the street car company or any
other person or corporation to operate
any kind of a street car line except in
the regular and lawful manner.
If the council should consider that
il is a law unto itself and in defiance
of the statute. which defines the man
ner in which franchises shall be
granted, should enter into an illegal
q agreement with the railway, there is
nothing on earth to prevent Mayor
McAleer taking another force of men
and again tearing up the tracks.
May Repeat Act
In the frame of mind in which the
mayor now finds himself, it is highly
probable that should anything of this
nature occur he will repeat his act of
last Thursday afternoon. Mayor NC
Aleer says he has determined that the
railway company shall not use any
street in the city without a legal right
to do so.
When M. M. Dawson, chairman of
the committee of twenty, was told of
the legal snag which he and his col
leagues would face when they present
their netition to the council he was not
at all dismayed.
Common sense, Judge York has often
told me, is law, and it is common sense
that he have our street car line. or
course we want Mr.. Huntington to pay
for the privilege eventually, but there
must be some way of patching up a
compromise until the supreme court
can decide on the question. We are not
coming I'D to the council Monday morn
ing with any red flags and threats OF a
general recall if our petition Is not
granted We are law-abiding citizens
and will do all that we intend to do In
a quiet and orderly way We believe
that somehow, in some way, an agree
vl,nr Inv n
will lose none of it's rights, and yet
the service can be continued until the
sunreme court has rendered it's decision.
Then If the decision is adverse to the
railway company let Mr.. Huntington
come in and buy the franchise in regu-
lar and proper way. If he should re-
fuse TO do this then the city would have
a perfect right to the street and we
would be the last ones to complain.
Property Decreases in Value
at is unfortunate that we must suf-
fer because the mayor does what he
believes to be his honest duty, but such
is the case. During the last few days
our property has deprecated in value
very greatly and we are inconvenienced
by having to walk long distances to
reach our homes after leaving the Cen
tral avenue or Maple avenue street
lines. These lines are half a mile away
in either direction. our committee will
meet Monday morning at $3.50 O'Clock
in the committee room at the city hall
and Will A. Harris. whom we have
engaged as attorney in the case. will
then tell us what we shall do. We will
then go before the council and ask to
have our service renewed"
NJ, NJ. Dawson. chairman of the com
mittee, is the senior member of the real
estate firm of M. M. Dawson & Son;
II. M. Couch is a real estate dealer with
an office at Forty-seconI and South
Park: E. l.. Burgoin is a real estate
| dealer at 1929 South avenue; L. D
Kroesen is a member of the real estate
firm of Kroesen Bros. at $3.50 South
Park avenue; w. r. Chambers is a
member of the real estate firm OF
Chambers & Bryant, corner of South
Park avenue and Forty-fifth street, and
in addition to these who make 1t theiI
regular business to handle property or
and near South Park avenue there are
a number of others in the committee
who handle real estate as a side line
to other business. j. w. Lee, mem
ber of the committee, is motorman on