The San Francisco call., 1908-07-23
UNITED RAILROADS
REMAINS DEFIANT
Refusal of Corporation to AG-
Cept Terms Causes Dead
lock With Supervisors
Board Has No Power to Compel
Company to Install Switch
to Main Tracks

The refusal of the United Railroads
to accept the permit for trolley line
on the outer tracks in lower Market
street with the safeguarding provlso at
tached has brought about deadlock
between the board of supervisors and
the corporation. Neither party is pre-
pared to say what the next move Will
be. Members of the board said yester-
day that they had gone as far as they
could, and added that the action OF the
company demonstrated that its sole de-
sire was to retain the monopoly TO the
ferry.
we have done all that we can,' said
Supervisor Giannini, chairman OF the
public utilities committee, yesterday,
and now it is up to the commercial
interests to intercede with the United
Railroads. They have been to us, and
we have made every concession that
we can. 1t is certainly our duty to
insist that the city be allowed the use
OF its streets, and we have waived
every condition but that. Now let the
business men go to the United Rail
roads and insist that they accept the
conditions"
BASED ON MISCONCEPTION
Supervisor Jennings pointed out that
Thornwell Mullally's explanation of the
terms was based upon a misconceptions
Mutually had stated that as the fran
chise was revocable at will, the super
visors could run a municipal line over
the rails for a few days, revoke the
permit and continue to use the rails FOR
city line Jennings was amused at
this new logic based on the theory that
one party could withdraw from a bar
gain and hold the other to it. A re-
vocation the franchise he SAID,
would automatically deprive the city
of the use OF the tracks.
The Sutter street line, in the view or
the members of the board of supervis-
ors, could be connected with small ex-
pense and little trouble with the main
tracks in Market street. The board
has no power, however, to force the
United Railroads to install the switch.
AS long as the deadlock continues
the United Railroads retains its
monopoly and will continue to oper-
ate the horsecars. The original fran
chises provide that only two COM
panies shall be given permits for the
use of the street, and these are both
held by the United Railroads-one in
the name of the Market street railway
company, which it absorbed, and the
other in the name OF the Sutter street
railroad, which it owns, but has main
tanned a separate corporation,
merely to retain the monopoly
Some members of the board have
given consideration tQ a suggestion
that the Sutter street company lost
its Market street franchise when it en-
deavored to separate itself into two
distinct entities, the one extending
from the ferry to Market and Sansome
streets and the other covering the rest
of the line.
II mo
The Sutter street franchise is not the
only subject at issue between the
United Railroads and the city. There
is a little matter of $4,000 which the
company owes the municipality, but
which it has neglected to pay. The
percentage of gross receipts due the
city in 1905 amounted to $39.335.S1, ac-
cording to the figures of the expert
employed by the supervisors. The
company claims that the sum amounted
to 33,686.01. Owing to some confusion
of records it was agreed that the COM
pany should settle with the city for
1907 on basis of $4,000 The cor
poration has promised repeatedly to
meet these obligations, but when
called upon has always had some ex-
cuse to offer.
The preparation of the yearly account
between the city and the United Rail
roads is a difficult matter, as the fran
ehises carry varying conditions. Some
provided for the payment of per cent
of the gross receipts, some for 8 per
cent and others for 4. About a third
of the franchises, including that in
Market street, provide for no COM
pensation to the city. The permits on
which the company is required to pay
have been so modified at various times
that the revenue in some cases must
be figured by the block. The super
visors hope to effect settlement with
the company during the next few
weeks.