Los Angeles herald., 1907-08-27
SPLIT OVER
THIRD RAIL
MAYOR AND CITY ATToRNE'
DIFFER N
STEPHENS ASKS COUNCIL TO ADJ
vERTIsE FRANCHISES
Harper Anxious That Los Angeles
Pacific Officials Spend Mil
lions If They Mean
What They Say

Though the legal department of the
municipality and the Los Angeles-Pa-
cific Railway company's counsel nave
been unable to frame compromise
Mayor Harper has carried out his prom
ise made Saturday night to prepare
message asking the city council to
make temporary arrangement through
the law department by which the city
will not be deprived of the additional
trackage and subways and will yet get
revenues when the final courts have
passed on the pending third rail l1tiga-
tion.
Judge Albert M. stephens, an extern
sive property owner in the northwest
ern section, who pleaded frequently for
quick action by the city council In
granting subways, Yesterday filed petl-
tion asking that the council orer LOT
sale franchises covering the right TO
Law a third rail on Hill street from
Fourth to Eighth streets. on Hill street,
between Eighth and Sixteenth streets,
west to Georgia street and on sixteenth
street from Georgia to Burlington.
The Old Territory
This is practically the same terri
tory over which the recent litigation
ton act. which gives the city an assured
annual percentage on gross recelpts
after the fifth year from all franchises.
If the council decides to offer the
franchises for sale it will temporarily
solve the difficulty, at least some coun-
cilmen say.
This petition. if granted, will give
the company the right to operate cars
until the cases are disposed of.
After Judge stephens petition was
fled Mayor Harper dictated his mes
sage and it was scheduled for presen-
tation in the afternoon.
Recause of the early adjournment OF
the council out of Difference to the late
Ben Ward it will be taken up this
morning.
The mayors message follows:
Mayor Acts
ITO the City Council-In view OF
the decision of the attorneys OF the
Los Angeles-Pacific Railway COM
pany to carry the third rail cases
to the highest court, I deem 1t
proper and expedient for the city
of Los Angeles to enter into an
agreement with the railway COM
pany which will permit the laying
of the third rail pending action of
the court.
at is not my purpose to dictate
the agreement itself, but respect
fully suggest an agreement similar
to that made with the Los Angeles
Railway company in the South
Park avenue case in which the line
was completed and is operating
while the case is pending In the
supreme court.
'In this case the city's interests
are fully protected and the devel-
opment of South Los Angeles has
been advanced four years.
''It will take three years, If not
longer to get a decision in the third
rail cases. Unless some agree
ment Is entered into the vast work
of building tunnels which the Los
Angeles-Pacific company contem-
plates will be delayed until the
supreme court has taken action.
'If there is anything which the
officers of this city can do to make
1t possible for this great improve
ment to go ahead 1 believe 1T our
duty to do it.
"Not Robbing City"
"The Los Angeles Pacific COM
pany, as 1 understand 1T, does not
seek to rob the city of any of its
rights.
"As represented to me the COM
pany stands ready to buy and pay
for the franchise when the court
has passed upon the case. With
this understanding I believe the y
agreement can be entered into ana
every right of the city safeguarded'
Each day our streets become
more congested. We should do
everything in our power to hasten
further traffic facilities. do not
believe in turning the streets over
to railway companies, neither do
think we should stand in the way
of any reasonable Improvement
undertaken by them.
1--WE must encourage the invest
ment of big sums of money. ana
this change which the Los Angeles
Pacific company has undertaken
involves millions.
with due care exercised by our
attorney in drawing the agree
ment I believe the best interests OF
the city can be served by allowing
the third rail to be laid"
City Attorney Firm
City Attorney Hewitt says that while
the state law gives railroads the right
to operate third rails over other COM
panies' rights of way, it must be under
agreements and 1t is not the intention
of the law to deprive any city OF the
enjoyment of revenue to be derived
from the sale of franchises.
Mr. Hewitt declares he will not talk
and will not recede from
his position of requiring the company
to buy franchise in the regular way.