Los Angeles herald., 1906-12-16
Attorneys Seeking to
Expedite the
Project
Council Expected to Aid
Pending Franchise
Decision
Busy Day for the Legal Departments,
Contending for and Against
Innovations Fostered
by Hartman

Perhaps the busiest men in Los Ange-
les yesterday were the attorneys for the
city and the attorneys for the Hartman
trolley interests in connection with the
work of franchise and privilege granting
set for Monday afternoon in the city
council
City Attorneys w. B. Mathews and
Leslie r. Hewitt and a staff of four at
torneys did their work in their offices,
messengers running now and then to the
law library and elsewhere in connection
with the work of drawing up the ordi-
nance which will be put before the law
makers.
Judge John D. Pope in his suite Of
offices in the Stimson block also had a
half dozen assistants with nearby desks
piled high with books and manuscripts
as evidence of their searching ability
and legal acumen.
With reference to the grants asked for
by the Los Angeles-Pacific and Inter
urban railways the situation is this
The Situation Now
The city attorney has ruled that the
city cannot grant the perpetual fran
chise asked for by the Southern Pacific
interests because the amended city
charter limits franchises to twenty-one
years.
The council has been told by inuendo
that it is not compelled to follow the
advice of it's attorney, and that the
quickest way to get, a judicial deter-
lnination is to pass the ordinance grant
ing what is asked and tl.en let the SUI
preme court decide whether the charter
is unconstitutional.
1t is probable that the four ordinances
pending will be ordered for sale to the
highest bidder.
Two Franchises Satisfactory
The franchises wanted by the COM
pany are as follows:
Twenty-one-year franchise for a
double track electric line on Hill street,
from Fourth to First.
Twenty .one-year franchise for double
track electric line through tunnel on
Hill street, from First to Temple street.
This is to be 57-foot tunnel, the larg-
est in the world The city has agreed
to pay $4,000 toward the construction
and the property owners in the assess
lnent will share the rest of the expense
equally with the Los Angeles-Pacitic
company. The estimated cost is $780,
OOO The council and the railway Off
cials are agreed in every particular on
these two franchises.
Under Its Own Land
The third franchise is to give the
railroad the right to build a tunnel
under it's own ground along Hill street,
from Temple to Sunset boulevard. In
this case, as in the case of the fourth
franchise desired, the company claims
the right to burrow under its own land
and under streets without franchise
from the city, but asks formal permis-
sion from the council as an act of
courtesy The city's contention is that
franchise is needed where 1T is sought
to cross under street. Certain prop
erty owners want a provision for foot
walks incorporated in this measure.
The fourth franchise Is for a subway
under private property running parallel
with and half way between Fourth and
Fifth streets and extending from Hill
street to Vermont avenue. This also
will pass under many streets. The COM
pany claims right to a perpetual fran
chise for all vof the tunnel except the
portion where it will cross Flower street
at grade. For this particular part IL
asks a Swenty-one-year franchise.
The Sunset boulevard tunnel will
cross under a part of the old cemetery
and the long subway will pass under
certain school property. The company
will be required to pay for the right
to pass under these lands and the COM
pensation is to be fixed Monday
Houqhton Holds Balance
Councilman Arthur Houghton of the
Sixth ward will hold the balance of
power i'm the council Monday because
OF Councilman Smiths absence in Ne
Vada and Kern's resignation to become
chief of police. Houghton has declared
that unless compensation is offered to
the city for the franchises he will not
only vote against them, but work for
am initiative and referendum to defeat
the franchises.
Houghton demonstrated at the coun-
ell meeting Friday afternoon that he
was well aware ne held that power
For nearly three hours he argued with
Judge John ID. Pope, counsel for the
Los Angeles-Pacffic, that the company
is seeking an immensely valuable priv
ilese and is trying to avoid reimburs-
ing the city.
Dock Houghton said he hoped to see
some one present at the meeting who
would carry authority from Hartman
to negotiate regarding compensation,
Judge Pope having declared that he
had no such power and was merely act
ing as attorney for the company.
Lelande viii Object
When the council adjourned II did so
with Instructions that the city attorney
prepare ordinances contemplating the
grant of the franchises and privileges.
These ordinances are to be passed by
the city council Monday, with the un-
derstanding that City Clerk Lelande
win refuse to sign two of them.
Lelande win institute proceedings TO
determine whether the city has the
right to grant the railway company the