The San Francisco call., 1908-07-18
MOVE TO CANCEL
HELLO FRANCHISE
Representatives of United States
Company Offer S75O,OOO for
Telephone Grant
Petition for Review by Courts of
Privilege Awarded by
Doodle Board

determined effort to secure a re-
the Home telephone companys San
Francisco franchise voted by the
Doodle board of supervisors the Mon
day following the fire, was initiated
yesterday by the fling of a petition
with the board by j. NJ. Agar, repre-
senting persons connected with the
United States Independent telephone
company. The petition relates that the
franchise was secured by fraud and
bribery, the evidence of which is a
matter of court record. The price paid
the city for the franchise, $4,000, is
held grossly inadequate, S750O00 being
the value which Agar and those repre-
sented by him believe the privilege to
be worth, and the sum they pledge to
bid for it if given an opportunity.
Sullivan & Sullivan and Theodore j..
Roche, Hugo K. Asher and George w.
Lane are the attorneys representing the
petitioner.
PETITION GIVES REASONS
Che relief asked is that the board
Of supervisors requests the attorney
general to bring quo warranto proceed
ings to have the present franchise set
aside. The reasons why this action
should be taken are thus set forth:
On April 23 1906, the board of supervisors
at an irregular meeting held While the city was
smoking. accepted a bid of the Home telephone
company for franchise in San Francisco, said
bid being the sum of SO 600 All the pro-
ceedings connected with the granting OF said
franchise were irregular in point of law; were
conducted collusively and without the compeu-
ton required by the statute; were the result
OF the grossest and most hagrant bribery and
corruption: and the award was made for
said franchise and the amount that could then
be obtained and could still be obtained under
fair bidding would not sbe less than S750,ooO,
and your petitioner and his associates are ready.
willing and able to offer and pay such sum FOR
said franchise.
After recounting that Supervisors
Lonergan, Mamlock, Furey, Phillips,
Coleman, Coffey, Nicholas and Wilson
were each paid $4,000 by the Home
company to vote for the franchise,
and Supervisors Duffey, Kelley, Harri-
gan and Davis $4,000 each, and Gal
lagher $4,000, the petition sets forth
the irregularities in the grant, the
secrecy of the proceedings and the lack
of competition.
CITY Is CHIEF SUFFERER
The municipality is appealed to as
the chief sufferer and to an estimated
amount of s725,OOO The petition quotes
the opinion of Attorney General U. S.
Webb when denying the suit at the
intance of a private citizen:
Though it appears TO me proper TO withhold
this privilege from the individual. | would con-
slider 1t obligation in law TO grant the ap-
pication Of the municipality for leave to main
tain such a suit. if. the facts the proper
officers thereof should determine such action
10 be advisable.
The petition concludes: 1T would appear.
therefore. that all that is. necessary is for the
municipality to request the attorney general TO
permit such action TO be maintained and than
the courts will be enabled to pass upon the
questions here involved.
If the franchise OF the company Is held 10
be invalid the franchise be offered for
sale under proper restrictions and the city
obtain the real worth thereof"
READY TO PAY S75O,000.
Attorneys Matthew Sullivan and H.
K Asher expressed the greatest conf
dence yesterday in the financial ability
of Agar's associates TO push to COM
pletion telephone system if given a
franchise and their willingness to pay
the city $75O,0O0 for the opportunity.
Dr. Ferdinand Butterfield admitted
that the men back of the move to Sc
cure a new award or the franchise
were connected with the United States
telephone company. which has well es-
tablished plants in Seattle, Salt Lake,
St Louis and many eastern cities. He
said:
"As a business proposition the fran
chise is worth at least $75O,o00. The
city was paid $4,000 for it. San Fran
cisco is the key to the telephone sit
uation on this coast The gentlemen
1 am associated with have the means to<
install magnificent system here, and
all we want is an opportunity to bid
in the open for the privilege"