The San Francisco call., 1910-09-21
AMENDMENT To
CHARTER GROWS
IN PRINT SHOP
Revision Convention Up in Arms
Over an Unauthorized
Addition
WalcOtt and Zion Insert New
Clause Allowing Franchise
Renewals

Whether the charter amendments 10
be voted on at the November election
have been jobbed since leaving the
hands of the charter revision conven-
ton by the insertion of an unauthorized
section concerning the regranting of
public utility franchises, or whether
the action was the correction or an
omission in the interest of the com
mon veal is q subject that has dl-
vided into warring factions the MEM
hers Of the governing body.
The discovery was recently made by
accident that an entire section had been
added TO the amendment respecting the
referendum while the subject matter
was the hands Of the printer. The
addition confers on corporations or
other holders of franchises the right
to renew their franchise right
which is said not TO exist under the
present charter-on a submission OF the
question 70 the voters.
E A. Walcott. secretary of the con-
vention. who with E. r. Zion as
member Of the revision committee
made the insertion. justifies the action
with the declaration that a mistake
vital to the interests of the community
has been caught and Zion and / gladly
take all responsibility for the addl-
tion"
HINT AT ULTERIOR MOTIVES
E P E Troy. as head of the group
that charge high handedness on the
part Of Zion and Wolcott. hints that
an ulterior motive has prompted the
alteration from the original form. and
charges that the insertion made is in
conflict with the express orders of the
convention
Troy says that the matter of re-
granting franchises was taken up by
the convention and that Zion was un-
able TO have the idea expressed in the
added section adopted. Later, says
Troy, at q meeting Of the public utility
committee. when Zion was cited to ap-
pear TO urge the adoption of his sug-
gestion, Zion failed 10 bring the mat
ter 10 the attention Of the committee,
and the question was believed dead
issue.
The section inserted is No. l of the
referendum and reads:
Every ordinance or other meas
ure involving the lease or sale of
any public utility. or the granting
of z new franchise for the opera
ton OF any public utility whose
franchise has expired or Is about
10 expire. must be referred and sub
mltted to the vote OF the electors
Of the city and county at the cleo
ton next ensuing not less than so
days after the adoption of such or
dinance. and shall not go into ef-
feet until ratified by a majority Of
the voters voting thereon.
HISTORY OF SECTION
The section provides for "the grant
ing Of a new franchise" on so day
referendum. which Troy says was orig
inally so days, but was changed after
z fight into which William Denman
of the direct legislation committee
was drawn. Troy contended that 80
days was manifestly too short time
in which to prepare the voters to in
telligently vote on the question and
that il savOred of "railroading" He
insisted on eliminating the section
altogether in view of the fact that the
convention had not authorized any
additions. but he only succeeded in
having 80 days increased to so.
Walcott. on the other hand, declares
that 80 days was inserted originally
because it was believed that the public
would be better acquainted with the
controversy in the case Of a renewal
being probable and a larger vote
called out because the question would
be still warm
Walcott declares that there is no
provision specifically prohibiting the
supervisors from renewing a fran
chise while there is one that permits
the renewal within q year of its ex-
piration. This appears in section u
of chapter !. article12, and reads: NO
bill for the grant of any franchise
shall be put upon its final passage
within 80 days after its introduction
and no franchise shall be renewed be-
fore one year prior to its expiration"
TROY URGES PROHIBITION
Troy argues that the regranting of
a franchise is expressly prohibited in
section Z of chapter >, which reads:
In granting any such franchise the
board of supervisors shall impose such
other lawful conditions as it may
deem advisable, and must expressly
provide that the franchise shall not
be renewed or regranted.'
Supporters of Walcott and Zion con-
tend that the conditions forbidding re-
neWals are not imposed on the super
visors, but on the holders of franchises,
and that for that reason a loophole
now exists by which corrupt board
of supervisors could, when the time
comes. vote to renew all the Market
street railway franchises without the
people having the power to interfere.
Though we acted with no authority .
said Walcott, the matter of regrant-
ing franchises is placed in the hands
of the people, and I think ii is safe.
IF the people wish to regrant a fran
chise, why should it not be done?v
Former Supervisor J. A. Johnston.
who was chairman of the public utility
committee. said that though he OBJ
Jected to the propriety of insertions
and additions having been made after
the convention adjourned. he believed
that with the power placed in the hands
Of the people no serious harm could re-
suit. He said that his committee should
have been consulted in the matter. and
cited lions intention of taking the Sub
ject up Jointly with his committee