East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-09-19

he Is empowered and authorized to
construct, maintain and operate O
modern standard guage electric rail-
way with the necessary turnouts and
switches? Where are there any spe-
cifiCations as TO how many will be
necessary? What is there to prevent
having switches on every street in
this city and II they do have them
where will there be room for any 9TH
er railway line to pass down the
street? There is absolutely nothing in
this section wherein they agree to
give any class OF service, they do not
agree to equip their cars with the
latest safety appliances or any safety
appliances. They do not agree to
keep in continual operation or to op-
crate at all. They do not agree even
to construct or maintain the neces-
sary crossings over their tracks at the
street intersections. Not being salts
fled with giving them power to ope-
rate an electric line they have also
added cor other mechanical power" "
What does this mean? Can any men,
ber of the council explain it? Would
common gasoline car such as are
used by the roadmasters on the rail-
roads for their own use or an auto
mobile fitted to run on the track be
sufficient to hold this franchise? And
II this company provided themselves
with such a car and ran 1t once a
month or once a week over the track
would they be operating within this
ordinance? Max Baumeister is fur
ther authorized and empowered to
set the necessary poles and to string
the necessary wires in such manner
and at such places in, along and over
all the streets, alleys and sidewalks
in the city of Pendleton for the uses
of such railway and for the trans
mission of electricity. And do all ne
cessary in the premises"
Suppose a dispute arose as to what
was necessary in the premises, who is
to decide? If you, Mr.. Brown, or
Mr.. Smith, should get into a dispute
about the position of some unsightly
pole directly in front of your resi-
dence, or If one of your favorite shade
trees should be directly in the way of
what they claimed was necessary for
their purpose, who is going to see
that your rights are protected? Who
is going to decide this dispute?
But the next section they say is
the cure-all. The advocates of this
corporation point with pride to the
insertion of this section. Let us see
THE tracks of said railway shall
be laid over the streets of the city
of Pendleton so as to conform to the
grade of the city, and
under the supervision and with the
of the common council and
the poles for said railway shall be
erected and wires strung under like
supervision and in no instance shall
such poles be set in the center of any
street of the CITY,"
SuppOsing Councilman Strain would /
again come out publicly when there |
had been a gross injustice done by
this corporation in the matter of lay
ing these poles and tracks and say
Well, We tried to get them to do |
that the way we wanted but they
would concede us nothing?"
Where is there any provision that
this corporation shall be punishd for
aging tracks or poles without first
'eceiving the sanction of the council
md what is that punishment to be?
rhe council may have the right to
but what are they going to
10 if the company does not carry out
heir orders? What power have they
eserved to themselves for handling
his corporation? The ordinance does
lot state that in case of failure or re-
usal to lay these tracks and set these
poles according to the wish of the
council that their rights shall be for
'eited, or that they shall not be en-
powered to proceed further in the
building Of these tracks or setting
hese poles until a decision from some
court is had as to whether the wishes
IF the council are reasonable or not.
Is this section the "cure-all" it is sup
posed to be?
Taking up Section we find that
When the city for improvement pur-
poses shall require the temporary re-
moval of any part of said railway,
racks, wires or poles and shall so
notify said Max Baumeister or his as
signs, he or his assigns shall. within
hree days after such notice remove
'uch portion of such tracks, wires or
POLES, until such period, not to exceed
i've days, as the city shall have ac-
the purpose Of such re-
noval."
Under this clause we find this cor
,Oration debating to the city. They
must not be interfered with longer
han five days" Supposing a case
+ municipal improvement where it
'ould take 30 days or six months,
Ike the paving Of the streets, the city .
lust after the five days pay damages {
D this corporation for interfering {
18th them. Some Of their advocates
ly "Oh, but this means five days {
'ithout being able to run cars" It (
ont say it. If their tracks are on
ne established grade in the center g
T the street and they are asked to ,
,move them to one side while paw |
ig is going on, even though they are s
bic to run over the track, 1t is a re- c
oval, for there is absolutely nothing c
this section which mentions be-
g able to operate in spite of the re- y
oval and can you demand that they d