Los Angeles herald., 1906-09-26
SPUR FRANCHISE
CAUSES PROTEST
CITIZENS ASK COUNCIL FOR
IMP0SSIBILITY
They Want Santa Fe to Vaeate Mer-
rick street-AHair May Be Ad-
justed to Satisfaction Of
Both Sides

Property owners fronting on Merrick
street have asked an impossible favor
Of the city council.
They demand that that body recon-
slider It's action In granting the Santa
Fe n spur track franchise across a
corner of Merrick street. The demand
is impossible from a legal standpoint
as the council cannot reconsider the
grant Of franchises any more than
person can reconsider the grant of d
deed to property.
The petition is as follows:
1--WE, the undersigned property own
ers fronting on Merrck street, between
Stephenson avenue and Fourth street,
and also on said Stephenson avenue and
Fourth street in the vicinity of Merrick,
respectfully protest against the grant.
ing of the privilege to Atchison, Topeka
e Santa Fe railway company to main
tain spur track on Merrick street be-
tween stephenson avenue and Fourth
street.
Street Is Closed
I'VE protest against this spur OH the
ground that Stephenson avenue from
Merrick street to Santa Fe avenue has
been closed at the request of the rail.
way company, and that in consideration
thereof the railway company was .re-
quired and did convey to the city of
Los Angeles a. strip of land twenty feet
wide along the easterly side of Mer-
rick street, in order that Merrick street
should be widened for the purpose of
affordng direct access to Fourth street
sufficiently wide to meet the purposes
of public street. Merrick street is
already incumbered by double track
street railway, and the construction
and maintenance of a spur track in ad-
dition to the street car tracks will rem
der this street practically useless.
Furthermore, the granting of this
spur practically nullifies the deed given
to the city by the railroad company to
widen Merrick street. and while it is
wider, so far as the lines of the street
are concerned, it is in effect, in a worse
condition than it was before, because
it is now incumbered with street car
tracks and railroad spur tracks be-
sides.
1--WE therefore pray your honorable
body to reconsider your action in grant
ing the spur and relieve the property
owners of the injustice that will be
done them if the spur track privilege
is allowed to stand"
Double-Action Affair
The abandonment of the portion of
Stephenson avenue referred to in the
petition was agreed to by the board of
public works on consideration of the
granting of the twenty-foot strip by
the Santa Fe. No sooner. however, had
the Santa Fe given the deed for the
strip to widen Merrick street than the
spur track franchise was asked for and
granted by the council. The council, at
the time the franchise was granted,
was not officially aware of the action
of the board and the agreement be-
tween the Santa F'e and board of pub
lie works.
While the council cannot revoke the
it has granted, the board of
public works has within it's power the
right to insist that the Santa Fe volun-
tarily abandon the franchise. Tho
Santa Fe has constructed a spur on Mill
street without a franchise privilege,
and the board has recommended to the
council that when the railroad asks for
the franchise for the spur already built
II demand that the Merrick street spur
be given up in considera ton. The
same request can be made for any
other spur franchise, and in the end
it is believed the Santa Fe will relin-
quish it's claims to Merrick street.
One official of the Santa F'e has told
the board of public works that ar
are now being made to lay
the Merrick street spur on private
ground and get it off the street. The
owners declare they will be
satisfied if such an arrangement is
made.