The San Francisco call., 1909-11-23
Supervisors Enact Laws and
Call Geary Street Election
PEOPLE Will VOTE
ON CITY CAR LINE
Supervisors Fix Date for Geary
Street Bond Election After
Spirited Debate

For the Geary street bond election
Supervisors Bancroft. Booth, Broderick
Center, Connolly. Hooks, jennings,
Johnston, McLaren. Murphy. Payot. Sang
derson-12.
Against the Geary street bond elect
Balcom, Comte, d A1t-
coma, McAllister. Murdock, Pollok-6.
After a spirited debate the board OFF
supervisors decided yesterday afternosm
to give the people an opportunity to
vote on a bond issue for municiral
street railway from the ferry to the
park and beach. 1t will involve the
Geary street proposition and second
project calling for a line down Market
street to the city front. The amount en-
tailed is S2,o20,ooo
There was some opposition to the sub
mission of the question. 1t was based
largely on two contentions-frst. that
the Geary street road had been pre-
viously voted down. and, secondly, that
the Market street feature of the bnew
proposal was of doubtful legality. The
supervisors overruled these objec lions
by a vote of II to 6. December 80 twas
come two days after the submission of
the Sierra water project.
OFFICIAL CALL FOR VOTE
The call for the election sets forth
the route and the cost as followst
I'D ToTincur a bonded indebt edness
of Sl,900,00 for the construction by the
city and county of San Francisco of a
municipal street railway over, upon and
along Geary street, from Market street
TO Point Lobos avenue. Point Lotlos ave-
nue. from Geary street to Cliff avenue.
Cliff avenue from Point Lobos avenue
TO convenient terminal near the ocean,
Tenth avenue from Point Lobosk avenue
to Golden Gate park
"t2) To incur a bonded inde btedness
of $4,000 for the construction of a
street railway over and along; Market
street from Geary street to Ea st street,
and East street to the ferry building
The sum named is ample forl the con-
struction of an underground system
that viii connect three of tthe city's
most important points of traffic
When the question was cal led on the
calendar letters of protest were read
from the chamber of commerce. the
Merchants association and the real es-
tate board Attorney Edgar PeiXotto
entered a protest on behalf of the
Downtown association.
LEGALITY BECOMES ISSUE
The issue then turned on the legelity
of the double franchise ever lower
Market street held by the limited Rail-
roads. One is in the name,of the Sutter
street company. These fra nchises con-
tain a provision that onleS two roads
shall enjoy rights over BoGver Market
street If the bonds are voted for the
line from Geary street to the ferry the
issue will be forced Mayor Taylor and
a majority OF the supervi sors contend
that such a restriction is illegal. They
hold that in any case the city has the
right always to build whore it pleases
Supervisor D'Ancona took contrary
view and presented it at lsome length
He said:
1T seems to me the tcity has no
shadow of right to operate cars in Mar
ket street Our predecessors granted
two franchises in Market street, and it
was stipulated that we should grant no
other franchises over these blocks. Tt
seems to me we are assisting a right
we do not possess. be Eeve we have
no more right to use the Sc blocks than
to run the full length of jHarket street.
is it your view." Inquired Mayor
Taylor, that the city c:ln give an ex-
elusive right on any of t.ae city streets?
The constitution says II can not be
done. A franchise is exclusive even if
granted TO TWO COmpani eS.
1T has been recognized for IS years,
rejoined D'Ancona. "T he proper way
would ,be to seek an annhlment"
ARGUMENTS PRO AMP CON
Supervisor Murdock objected that the
construction of the Gehry street road
would affect the city's bonding power
His chief concern, he said, was for
municipal water supply
Supervisor Murphy read extracts from
an opinion on the subject rendered sew
eral years ago by former City Attorney
Franklin X. Lane, in which it was held
that the city had the power to build
down Market street.
The Sutter street company in whose
name one of these franchises is held"
continued Murphy hias not been oper-
ating cars Their cars bear the name
of the United Railroads and the United
Railroads conductors are in charge"
"In my opinion, replied D'Ancona,
the adoption of this ordinance would
nail down the hors Gears at the lower
end of Market street for 10 years 1t
would require that ttime to settle the
litigation"
Murphy then referred to the asserA
tion of authority by the city when it
tore up the old tracks in Market street.
Il can not see ho,N the terms of these
franchises prevent the city from oper-
ating cars, said supervisor Connolly.
1T is merely provided that the city
shall not grant a franchise to another
corporation"
"On that theory why could we not
build over all the ;Etreets?" inquired Su-
pervisor Center.
I'VE certainly could if we desired"
answered the ma Yor. 1t has been so
held in the Charltts River case"
The question Was then put and car
ried. The six NEGATIVE votes were cast
by Supervisors aleom. Comte, D'Anco-
ma, McAllister, M'krdock and Pollok