Los Angeles herald., 1907-08-20

~ 81 j.
ELL BY SIDE OF COAST LINE !.
~ !. i s*..s.;.
the prosecution, Judge F'rederickson adj
mitted that it put the defendant in an
awkward position as to it's suburban cars.
Undoubtedly it is dangerous to operate
cars at high speed with tenders attached"
he said. Personally 1 would not care to
ride on one of these high speed cars
equipped with tenders of the type re-
quired by the ordinance. The railway
companies are up against it hard The
only way they can comply with the ordi-
nance is to buckle up the tenders on leav-
ing the city limits, which is about as
dangerous as running with them down.
cor they will have to run their interur-
ban cars to the city limits only, or enter
the city. through subways."
Speaking as a private citizen he said
that he did not blame the railway COM
panies for not equipping their suburban
cars with tenders.
Defendants Are Three
The defendants in this case were Joseph
Mcmillan, traffic manager of the Los An
geles Interuban railway and l. Reeder
and L. Sager, motorman and conductor
of the same road. They were found guilty
of violating the fender ordinance.
The judge says that his jurisdiction
does not cover the territory outside the
city limits and while he can plainly see
that the fender ordinance works hardship
on interurban cars he must limit his con-
sideration to conditions within the city
limits.
In his decision Judge Frederickson took
up each point made by the defense and
"a L. hot y,
wrong.
AS to the contention that the defendant
road is not street railway because it is
part of an interurban system that oper-
ates over considerable territory not
under the jurisdiction of the city, the
Judge held that from all evidence 1t
seems clear to the court that these tracks
must be classed as and are, street rail-
way tracks. Their existence in Sixth
street is authorized by the city in fran
chise conveying the right to the Los An
geles G. Glendale Electric Railway COM
pany, to construct, operate and maintain
an electric street railroad upon and along
certain public streets of the city, including
Sixth street.
street railroad is defined to be a rail-
road constructed upon the surface of the
public street in towns and cities What
ever the use to which the owners of the
may put these tracks it seefs to the court
they cannot alter the said tracks as those
of a street railway. The fact that the
road extends into the country beyond the
city limits and is used for interurban SER
vice does not alter or change the char
acter-of the road where it passes over the
public streets of the CITY,"
Council May Dictate
In answer to the contention that the
fender in question calls for certain
article called the Eclipse fender, the
Judge held:
''The evidence shows that other tenders
have been patented and may be manu-
factured that answer such specifications
to all practical purposes. 1t cannot be
urged successfully that the city council
may not lawfully require the use of an
article that Is patented, such as fender,
as it may be safely assumed that no such
device or its. essential parts exists that is
not patented"
The Judge answered the argument that
the ordinance is unreasonable because the
fender would be dangerous to life and
property when used on interurban cars
going at high speed outside the city, as
follows
''If the tracks on Sixth street are classed
and regarded simply as street railway
l.
ordinance in requiring the use of the fen
ders in question outside the city has no
place in the consideration of the matter
at issue.
'The city council does not by this
ordinance seek to regulate cars outside
the city, only requiring that when ope-
rated upon street railway tracks wlthin
the city. limits they must be equipped
with this particular fender. AS to whether
xryho
streets is a life saving or protecting de-
vice does not seem to be questioned by
the defendants, and the power of the city
to require the use of the fender upon
street cars is well established by law
The fourth point made by the defense
was that the city had no jurisdiction in
regulating the cars in question, which are
part of an interurban railway system.
The court held: "The interurban cars
trayerse the streets of the city as DO the
ordinary railway cars, such streets as
are used with equal right by pedestrians
and all manner of vehicles, and as in this
case streets that go through the business
centers.
"Under such conditions the necessity
of the application of the full police power
of the city in regulating such cars IN
every respect, whereby vehicles on the
public streets may be regulated, would
seem TO De imperative IL VI W. NH"N t.AS
safety comfort. health and welfare of the
public may be properly conserved. 1t is
possible that in the future the conduct of
such railroads may be regulated by state
law. but it is doubtful If the power of the
city to govern in such cases may be re-
stricted.
..JJnder the police power conferred on
the municipality by the law it appears
that the city council may enact such
laws as will insure the safety health and