The San Francisco call., 1907-02-23
GUY EARL TRIES
To Do 4 TRICK
FOR RAILROADS
Such Is Senator Leavitt's
Accusation Regarding
Crossing Bill
FRAUD IS DETECTED
Innocent Measure Aims at
Repeal of Undesirable
Provisions
soLoN VERY ANGRY
Feels That He Was Handed
a Lemon by Oakland
Conpatriot
SOLoN VERY ANGRY
CALL HEADQUARTERS.
1907 EIGHTH STREET.

SACRAMENTO, Feb. 22.-Uncon-
ditional repeal of the anti grade rail-
road crossing law is provided by bill
which was introduced by Senator
Frank Leavitt of Oakland, but which
Senator Leavitt now declares was mis-
represented to him by Guy c. Earl. a
San Francisco attorney who had
figured prominently in the promotion
of fruit transportation projects that
have been assimilated by the Armours.
According 10 eLavitt. who Will insist
hat the bill be so amended that it viii
serve it's ostensible aim, Earl asked him
to introduce a bill amending section
1910 of the Code of Civil Procedure.
which relates to the subject OF eminent
domain. The alleged purpose OF the
bill was to provide new section au-
/ thorizing the condemnation of lands
owned or held in trust by the United
States for purposes OF highways. to-
gether with a final section providing
a method Of procedure.
Leavitt says that he was assured
that this benehcent provision was the
only new matter in the bill and that.
acting on this assurance. he introduced
the measure, which was referred to the
committee on judiciary on February "a.
Today it was called to his attention
that the bill as introduced did contain
exactly the new matter outlined by his
informant. but also that by the omis-
sion of several hundred words of mat
ter now contained in the code 1t re-
lieved the railroad Of the necessity OF
providing either undergrade or over
head crossings.
LEAvTrT HANDED A LEMON
Leavitt was convinced that he had
been handed a lemon and promptly pre-
pared to have the bill amended to In
clude all of the present provisions OF
the code, as well as those provisions for
which the bill was ostensibly drawn.
The Oakland Senator is a bit warm
under the collar over what appears to
have been an attempt to slip through
a repeal Of an important law, for which
stand sponsor. He says that he believes
that the law should provide for the con-
demnation Of Federal lands for high
way purposes, and that with tha bill
put In honest shape he will support Il.
The measure which Leavttt intro
duced was. with the exception OF the
added sections. apparently the existing
law. cursorx examination would fail
to disclose anything unusual about II
beyond the new sections. which were
prominently enough IN evidence and
which were brought out in the title.
But a closer examination disclosed that
the major portion Of the present sub
division s, which is the anti grade cross
ing law so desperately opposed by rail-
roads. was missing and that enactment
of the bill would leave the railroads
wholly free to build their crossings ac-
cording to their own sweet will The
matter stricken out of the subdivision
is as follows:
LAW LEFT OUT OF BILL
NO railroad main track crossing,
outside the limits OF any Incorporated
town, city or city and county. shall be
at grade. unless the party proposing
such crossing at grade shall at its own
sole cost and expense protect such
crossing by the operation and main
tenance Of an interlocking plant with
suitable signals and derails; but either
party to such crossing may insist upon
a separation of grades In which case
the cost OF constructing such crossing
With separate grades shall be equally
divided between the railroad companies
concerned and provided further. that
where any such crossing has been con-
structed at grade, either company may
at any time thereafter require a sepa-
ratinr of the GRADES at snah crossinr