Los Angeles herald., 1908-11-17
READS LETTER
FLAYING BOARD
TRUSTEES REPR0ACHED FOR
GRANTING FRANCHISE
ABSOLUTE PROMISE SAID TO
HAVE BEEN BROKEN
Ocean Park Property Holder Enters
Bitter Protest, and Motion Is
Passed That Question Be
Reconsidered
Especial to The Herald

trustees anu DIOlGSlGu dBhlllSL lllG GU
ton of the board in granting a forty
year franchise for a track on Lorele
avenue to the Los Angeies-Paciht
railroad.
The following letter read by Mr.. Toll
explains the position of himself and
his fellow protestants:
Los Angeles, Nov. 16.
"Mr. Albert H. Beach and others.
Gentlemen: AS property owners
upon Lorelei avenue in the city OF
Ocean Park you intrusted me with
your combined protest against the
granting of a forty-year franchise to
the Los AngeIes-Pacific Railway COM
pany for a spur or side track upon
said street from Trolleyway to the
ocean.
1T was your desire that your OBJ
iections to this grant be presented to
the board of trustees at the proper
time and in the most effective manner
Being advised by several of the in
terested parties that the first reading
of the ordinance granting this fran
chise took place on Monday evening,
October II, 1908, and that the second
reading would occur on the Monday
evening following, I visited ocean
Park early in the evening of the lat
ter day so as to carry out the trust
reposed in me.
In talking with Trustee Mayer be-
fore the dinner hour he frankly stated
his basic objection to the grant and
informed me that his associates were
all in favor of it. citing Mr.. Griffith
as stating that there was no objec-
ton to it, Upon learning this I has
tened to Mr.. Griffith's home, knowing
he had an engagement which was I'M
minent.
Mr.. Griffith kindly gave me a few
moments in which to state your po-
ha letting
him know that he was mistaken re-
garding the opposition to the grant.
Before the board of trustees con-
vened that evening l met Messrs.
Fakins, Foster and Griffith in the
lower corridor of the city hall, where
they begged me not to present the
protest at that time. One member,
especially. threw UP his hands and
exclaimed: For goodness sake, don
kick up muss at this time by raising
this question of opposition They
urged the Withholding of the protest
for the present, whereupon they would
advance the ordinance to second read
ing and then lay it aside Indefinitely,
in the meanwhile providing for hear.
ing on the protest. I assured them L
wanted to conform to their wishes as
far as possible, and wanted to add to
their discomfort as little as circum-
stances would permit, but insisted that
If the ordinance went to second read
ing the protest would also have to be
filed.
Positive Assurance Given
at was then agreed that neither the
protest nor the ordinance would be
brought up at that session, nor would
any action be taken until hearing
had been arranged. and the voice of the
protestants fully heard. Mr.. Eakins
gave me his positive and binding as
surance that nothing would be done by
the trustees until this meeting had been
arranged
Some days later I asked Mr. Eakins
over the telephone IL the meeting had
been arranged, when he stated that it
had not been as yet, but he would con-
suit at once with his associates and
decide upon the time. At later days l
tried in vain to reach Mr.. Eakins by
telephone at the commercial ware
house, Los Angeles. Saturday, Novem-
Der 7, / met Mr.. Watt, city clerk, on
Windward avenue, and he informed me
that the ordinance had had another
first reading the Monday night pre-
vious. 1 asked if it had not already
had its first reading, and he stated that
they were merely getting it properly on
its first reading. I told him we were to
have a hearing before anything more
was done
ION Wednesday, November II, my
attention was called to statement in
the Times of the day before that the
franchise had been granted. This
confirmed by telephone to Ocean Park,
being advised that Trustee Mayer alone
opposed it. The following day Mr.
Eakins over the telephone stated that
he had entirely forgotten their promise
for a hearing He apologized pro-
fusely and promised to see the city at
torney and arrange, If possible, to set
aside their action in order that the
protest might be regularly heard. This
was Friday, November 10.
"On Saturday, November IA, he called
me up, stating that he had looked the
matter up and found that due pub
licity had been given the proposed
action of the trustees, and therefore
should have known Of the time, etc
When asked what had become of his
absolute promise to me that nothing
would be done until a meetings had
taken place he said he would publicly
state in meeting Monday night Novem-
Der 16, that such a promise had beer
made and forgotten.
In AFFECT SubserViency
1T asked him If he realized the posi-
ton this placed me in with the protest
ing property owners, whose protest
had withheld frOm ming at the IfuS'
tees request; also how they could pass
this far-reaching measure without q
hearing, knowing that large protest
existed.
"I stated that, to my mind, the trus-
tees position in this matter was the
saddest commentary I could imagine
upon the abject subserviency of q
board of trustees to the interests of E
corporation. That I could honor anc
respect them if, after manfully hear
ing this protest, they still persisted II
granted the franchise, but to hold VI
their hands in abject disdain when in
dividuals, whose property is ruined, hat
the temerity to place themselves in op-
position to the corporation they wished
to favor, was the most fragrant over
riding of the individual interest in this
annals of municipal conduct.
Il told him 1 would not allow him t
excuse himself in the manner sought
for the rank betrayal of my confidence
when l agreed to the Withholding of th'
protest under certain agreed condi
tions; that / was ready and willing tt
present the protest at the proper time
and, no matter how weighty the reason
which influenced the board in favor o
the corporation, the first obligation o
the board, under the circumstances, wa
TO give the protestants the promised
| hearing, and Mr.. Ilakins' personal obi
cation of honor and decency was t
give me due notice Of this meeting