Los Angeles herald., 1907-11-26
HEWITT HOLDS UP SOUTH
PARK LINE
QUESTIONS VALIDITY OF CON-
PANY's HOLDING
Recent Court Decision Delays Pro-
posed Advertising for Bids, on
Ground That Entire Grant
Is Forfeited

chise for the South Park avenue line, on
the ground that the city would prejudice
it's rights by so doing in acknowledging
that valid franchise exists for the sec
tion of the Los Angeles Railway com
psny's San Pedro street line north OF
Thirteenth street.
Mr.. Hewitt believes that the recent de"
cision nut the municipality in position
to sell the entire franchise.
Reporting on the case the citys legal
counselor said to the council:
I'm reference to the application of The
Los Angeles Railway company asking
that a street railroad franchise be offered
for sale over those portions OF streets
ard avenues in the city of Los Angeles
described as follows: Commencing at the
intersection of San Pedro street and Ihr-
tieth street, thence southerly on san
Pedro street to South Park avenue; thence
southerly on South Park avenue to the
former city boundary at Slauson avenue,
1 beg to say:
SEQUEL to Decision
."rhis application IS made undoubtedly
as a result of the decision of the supreme
court of this state, just rendered In the
case of the Los Angeles Railway COM
pany VS.. City of Los Angeles, which was
an action brought by said company
against the city to obtain an injunction
10 restrain the city and it's officers from
Interfering with the construction ana
operation of the tracks and street rail-
road proposed to be operated by SAID
company along San Pedro street and
South Park avenue, between Thirteth
street and the then south city boundary.
1.-THE supreme court has decided IN the
f,-,v 7n11f leo
which the railway company was propos-
sns to construct the street railway from
Thirtieth street to Slauson avenue, which
was The franchise under which the street
railway along San Pedro street, from
Fifth street to Thirtieth street. was built,
was absolutely forfeited; not that 1t was
broken into at Thirtieth street but that
the entire franchise has ceased to exist
hv reason of the default of the railway
company.
1T appears to me that no other conclu-
sion can be drawn than this from the
decision to which l have referred.
Under these conditions l cannot advise
Won to deal with the street railway south
of Thirtieth street upon the assumption
that the portion north of Thirtieth street
is being operated under valid existing
franchise. Such l do believe to be the
case.
The City'S RiqhtS
"Either franchise for the entire line
frcm the Plaza on North Main street,
which was the initial point of the original
franchise. to Slauson avenue should oe
advertised for sale or legal proceedings
should be authorized by you to test the
right of the railway company to maintain
ard operate the road north of Thirtieth
street.
'.In nv Judgment to sell franchise
under the present application of the raul
way company would surely prejudice the
right of the city to claim that the entlre
franchise from the Plaza to Slauson ave-
nre has been forfeited by the fallure OF
the railway company to construct and
operate the same within the time limited
ir the original franchise.
I'm this connection beg to call the at
tention of your honorable body to re-
pcrt sent to the city council by my pre-
decessor Immediately after the superior
court had decided the case above referred
to in favor of the city, in which he said;
Predecessors Report
"T regard that it is my duty to in
form your honorable body OF the de-
cision of the court and to recommend
that for the complete establishment
and enforcement of the rights of the
city such proceeding as that indicated
dhat is, an action in the nature of
special proceeding brought for the pur-
pose of determining whether the entire
franchise was forfeited) be authorized,
and that the attorney general be re-
auested to bring an action in the name
of the people in the nature OF quo
warranto against the Los Angeles
Railway company for the usurpation of
the franchise, and to that end l recon-
mend the adoption by your honorable
body of a resolution in the following
form:
Resolved, That the city attorney be.
instructed to institute the necessary
proceedings for the purpose of obtain
ing a decree of forfeiture of the street
railway franchise heretofore granted
to John c, Lynch by ordinance No.
4240 new series), approved May II,
1897, and that the attorney general of
the state of California be requested 70
bring an action in the name of the
people of the state upon the complaint
of the city of Los Angeles against the
Los Angeles Railway company of the
nature of an action in quo warranto
for the usurpation of franchise to
operate an electric street railway along
any of the streets or portions of
streets in the city Of Los Angeles, par
ticularly described as follows: Com
mencing at point on the east line of
Main street, thirty feet north of the
north line of the Pico house block and
running thus easterly along the Plaza
to the center of Los Angeles street;
thence easterly on First street to San
Pedro street; then south along San
Pedro street to it's intersection with
Stanley avenue; then southerly along
Stanley avenue to the southern city
boundary
Settles the Law
''In view of the fact that the supreme
court has just affirmed the judgment of
the lower court in this case and mas
therefore settled, as 1 believe, the law
which should govern your action in the
matter of acting upon the present appli-
cation for the street railway franchise
aleng San Pedro street and South Park
avenue I respectfully renew the request
hereinbefore mentioned, and recommend
that said resolution be adopted.
1.-THE statement is made in the present
application that it was agreed between
the city attorney and your petitioner that
If the case then pending should be de-
cided against the petitioner by the SUI
preme court that the petitioner would at
once apply for this franchise, and this
application is made to carry out the
terms of that understanding
II beg to say, upon information given
me, that the statement so made in the