Los Angeles herald., 1906-03-29

or assigns, whoever they may be. This (
right is given by the city charter as
follows:
The Referendum
Section 19Sb. No ordinance passed |
by the city council Except when other
wise required by the general laws of
the state or by the provisions of this
charter, respecting street improve
ments, and except an ordinance for
the immediate preservation of the pub
lie peace, health or safety, which con-
talnS a statement of it's urgency, and
is passed by two-thirds vote of the
council, but no grant of any franchise
snail be construed to be an urgency
measure, but all franchises shall be
subject to the referendary vote herein
providrd), shall go into effect before
thirty days from the time of it's final
passage and it's approval by the mayor;
and If during said thirty days a petit
tion signed by electors of the city equal
In number to at least per cent of the
entire vote cast for all candidates for
mayor at the last preceding general
election at which a mayor was elect
ed, protesting against the passing of
such ordinance, be presented to the
council the same shall thereupon be
suspended from going into operation,
and it shall be the duty of the council
to reconsider such ordinance, and II
the same Is not entirely repealed, the
council shall submit the ordinance as
Is provided in section 1854 of this char
ter, to the vote of the electors of the
city, either at the next general election
or at a special municipal election to
be called for that purpose, and such
ordinance shall not go into effect or
become operative unless a majority of
the qualified electors voting on the
same shall vote in favor thereof. Said
petition shall be In all respects In ac-
cordance with the provisions of said
section 1854, except as to the percent
age of signers, and be examined and
certified by the clerk in all respects as
is therein provided"
Crosses Public Streets
A report was circulated last night
that the referendum could not be used
in this case, as the right of way Is on
city property and therefore does not
constitute a franchise in it's legal sense,
but instead is a private right of way.
Assistant City Attorney Goudge set
all fears on this score at rest last
night when he said
1T is true that this right of way is
on city property and that for that rea-
son it should be sold, but ordinance
giving the franchise expressly stipu-
lates that this line is to cross Ninth
street, Seventh street, Fourth street
and First street ,and inasmuch as it
crosses public streets it is technically
franchise, and the referendum ap-
plies to all franchises. l believe that
without question the referendum can
be invoked"
Finally an injunction
Should the referendum fail there IS
still another method that can be
| brought to prevent the consummation
of the proposed franchise.
"If we can do nothing else we can
secure an Injunction" said a promin-
ent citizen yesterday. "This weapon
was found effective but a short time
ago when it was proposed to erect a
public library in Central park. The
two are hardly parallel cases, as the
citizens had voted by large majority
to permit the library to be erected in
the park but an injunction secured by
a private citizen prevented this, and the
courts have recently sustained the in
junction. AS far as the efficacy of
the injunction is concerned, however,
the two cases are similar, for both
| affect city property"