Los Angeles herald., 1906-03-28
GOULD'S FRANCHISE
ORDINANCE FAILS TO
PASS CITY COUNCIL
LEGISLATION Is ADMITTEDLY FAULTY
Attorney Goudge Says Minutes Show That Motion
Was Announced as Lost Before the Sixth
Warder Changed VOte-COuncilman
Smith Returns to Los Angeles


Wilton. or the Western Pacific rail-
road, has not the franchise to build
q steam railroad along the bed of the
Los Angeles river from the southern
city boundary to Also street.
notwithstanding the earnest efforts
that the city council made Monday
afternoon to grant Mr.. Gilmore this
franchise, the back-pedaling of DOCK
Houghton spoiled the entire proceed
ings.
The official minutes of the council
proceedings will show that the motion
to pass the ordinance granting the
franchise was lost.
Following are the official minutes
covering this particular case:
mo. 37S from e. w. Gilmore, asking
that an ordinance accompanying the
same be adopted, granting him, his
successors and assigns, the right 10
construct, maintain and operate, for a
period of twenty-one years, single or
double line of railroad tracks for
steam railroad in, over, along and
across the official bed of the Los An
geles river, and across certain public
streets and alleys, and across private
property in the city of Los Angeles.
."Mr. Harmon moved that action be
delayed in this matter for one week.
There was no second.
"Mr Ford moved that the petition
be granted, the rules suspended and
the ordinance accompanying the same
be placed upon it's passage. Which
motion was seconded by Mr.. Hitler.
"Whereupon the draft of the ordin-
ance accompanying the petition was
read.
president Blanchard then direct
ed the clerk to call the roll. Messrs:
Ford, Healy, Hitler and Kern voted
for the ordinance (5). Messrs Ham
mon and Houghton voted against
! it (2).
Five votes for and two against" was
announced by the clerk Five votes
for and two against" repeated the
president The president then declared
| the motion lost.
"The clerk then started on the next
order of business, when Mr.. Houghton
announced that he desired to make
| motion.
"I move that we refer the applica-
tion for franchise to the legislative
| committee, with instructions to report
! Wednesday.
| (Which motion receiving no second,
Mr.. Houghton requested permission to
change his vote upon the ordinance
granting the franchise from no to aye.
that Mr.. Houghton wished to change
his vote and instructed the clerk to
record him as voting aye. The cor
rected vote is 6 for and l against.
"Whereupon the president declared
the ordinance adopted"
Ordinance Fails of Passage
The fact that Acting President
Blanchard declared the ordinance
adopted on the change of Houghton's
vote has nothing to do with the legal
result of the vote and City Clerk Le-
lande stated yesterday in most pos
tive manner that his records would
show the first vote of five for and two
against as the official one, and that
accordingly the ordinance failed of
passage.
The entire question of whether the
ordinance passed or failed of passage
rested on the circumstances attend
ing Houghton's change of vote.
If Houghton voted for the ordinance
before President Blanchard announced
the result. it is argued that his vote
would stand. If he voted after the
announcement of the result his vote
was invalid. 1t was necessary to have
six votes to pass the ordinance.
Admits Vote Was Lost
Charles l.. Wilde, minute clerk of
the cOunCll, QeCldTel ludI llG ulIl ilol
hear President Blanchard announce
the result before Houghton voted, and
about II o'clock yesterday morning he
complied his minutes in such fashion
that they indicated Houghton had
voted AYE" before the chair had an
nounced the result. This was to the
best of his knowledge and belief.
Acting President Blanchard could
not be found during the morning to
opu 6apiciOD thn question and
all the councilmen whom Clerk Wilde
consulted asserted that they had not
heard Blanchard make any announce
ment before Houghton voted. At noon.
however, Blanchard was found in his
office and he readily admitted that he
had declared the ordinance lost be-
fore Houghton changed his ballot.
Acting on this assertion of Mr..
Blanchard. Clerk Wilde revised his
minutes to read as follows:
Minutes Are Revised
mo. 37S from E. w. Gilmore, asking
that an ordinance accompanying the
same be adopted, granting him. his sue
cessors and assigns, the right to con-
struct, maintain and operate, for
period of twenty-one years, a single
or double line of airlroad tracks for
steam railroad in, over, along and
across the official bed of the Los An
geles river and across certain public
streets and alleys and across private
property.
MIR. Ford moved that the petition be
granted, the rules suspended and the
ordinance accompanying the same be
placed upon it's passage.
"whereupon the draft of the ordinance
accompanying the petition was read
and the roll being called the clerk an.
nounced the following result:
ayes - Messrs. Blanchard, Ford,
Healy, Hitler and Kern (5). Noes
Messrs. Harmon and Hougton (2).
"And the president declared the mo-
tion lost.
"Whereupon Mr.. Houghton moved
that the petition and ordinance accom-
apnying the same be referred to the
legislation committee.
(Which motion received no second,
Mr. Houghton requested permission to
change his vote from no to aye and
the clerk announced that the vote would
then read ayes and 1 no.
"Whereupon the president announced
the ordinance adopted"