Los Angeles herald., 1906-12-28
SUBWAY WILL Be
GRANTED MONDAY
HARTMAN INTERESTS TO GET
FRANCHISE
Delay In Granting Permit occasioned
by Oversight in Not Giving
City Attorney Technical
Description
,coptlnucd from Page one)


get you two legal giants together said
the chairman pleasantly
Mr. Mathews said:
"The subway proposition comes to
us with new phases. The company
attorney is willing to modify the pro-
posed ordinance granting the prlVl-
Iege of going under the street on terms
that shall not be specified either tWen-
ty-one years or perpetual.
"The question has been considered
whether 1t is possible to give the right,
privilege or franchise beyond twenty
one years and whether all references
to duration may be omitted. We have
no precedents to guilds us out mere,
though in my opinion the charter APP
plies to the case.
"I have considered the term permits
and it seems the only thing that can
be done is to grant them.
"Owners of property on alignlng
streets wanted nothing, provided that
the city is granted the right to re-
sumo possession of the suhterranean
area when municipal needs require II.
"If the railway company is Willing
to take a permit from the city for con-
structing the subway with the reserYa-
tion that the city can use any portion
under the ground when needed would
be willing to help it along"
If the charter would not take care OF
the time limit no matter what the fran
chise might say.
Mr.. M1thews-I think that the char
ter contemplates that the term must be
specified.
Mr.. Smith remarked that he asked
whether Mr.. Mathews would object TO
granting the franchise asked for.
Mr.. Matthew'S would not insist on
the time limit.
Judge Pope here took the floor.
"Mr. Mathews is right on questions
of law. The Massachusetts and New
York higher courts have held that
private rights must give way to pub
lie ones in underground areas.
Now l do not want to put these
features in the ordinance, though they
are the law. For business reasons
do not regard 1t as necessary. The
law is that the public demand is SUI
preme and it need not be reiterated IN
the ordinance or permit.
1.-THE twenty-one-year limit VIII
operate, we are sure. So much money
is going into this enterprise that we
do not want to be hampered by un-
necessary provisions"
Helping Evade Charter
Mr.. Mathews-"What l am trying
to do is to help you evade the charter
We want to frame this permit or prlVl-
lege so that no wrong conclusions may
be drawn. In the absence of such pro-
visions it might be attempted to hold
that it is franchise with no reserVa-
tions.
"In attempting to draw an ordinance
that will comply with all the condi-
| tiens that could be foreseen many
things may arise by which the munich
pality may wish to go underground,
and it ought to have the right to do 1t,
subway or no subway
"It may avoid controversies and law
suits to specify 1t.
Everybody should indulge this
project. My personal attitude is
favorable. AS law officer of the city,
however, I can't get clear away from
the charter"
Willing to Spend
Councilman Smith asked Judge Pope
if the company wanted to spend MIL
lions on such a permit.
"It looks like loose methods to do 1t"
said Mr.. Smith.
1--WE are willing to proceed. because
we believe we have certain rights. We
do not want to clash with the council,
though" said Judge Pope.
At this point President Summerland
had to step down and out to catch his
train for the north and he made lit
tie farewell address.
"If l am on the engine of prosperity
and any of you happen to be on the
sidewalk of adversely give me the sig
nal and 1 will turn the SWITCH" said
the new railroad commissioner
Mr.. Smith then took the gavel.
An animated conference was held be-
| tween Messrs. Mathews and Pope and
the agreement mentioned elsewhere
was made for presentation Monday.
when passage of the permit is con-
fidently anticipated.