The San Francisco call., 1910-03-27
CITY Can MAKE
RAILROADS USE
INSIDE TRACKS
Bancroft Ordinance to Regulate
Sutter Street Cars Upheld
by Attorney Long
Majority of Utilities Committee
Already Pledged TO Recon-
mend Measure

eIsco. in addition 10 maintaining fits SUIT
fer street service, also maintains
track ane operates a street railway down
Market street from Sutter street east.
The intention of the ordinance, accord
InE TO the language of your request,
L. 10 provide that the United Railroads
must run its Sutter street cars down
Sutter street and by means of a switch
turn into and continue down Market
street upon the inside tracks. This, 4
believe, your honorable board has the
light 10 do.--From opinion of City
Attorney Long.
City Attorney Long declared yester-
day in a formal opinion that the su-
pervisors had the right to compel the
United Railroads to route its Sutter
cars TO the ferry over the inner Market
street tracks. He thus upholds the
Bancroft resolution. which has been
presented as the solution of the traffic
problem at the city front.
POWER TO REGULATE CARS
The opinion reviews at some length
the circumstances involved, and while
refraining from ruling on the power OF
the Suffer company 10 divide its fran
chise, insists that the city authorities
are fully within their rights in regulat-
ing the use of that franchise.
The question was referred to Long
by the public utilities committee of the
board of supervisors. SThe committee
had before it the Bancroft ordinance
and submitted it to Long to pass upon
its legality. Now that Long has pro-
nounced il valid, it is understood that
the utilities committee viii recommend
its adoption.
The committee consists of FIVE mem
bers. and three have already gone on
record in favor Of the ordinance. Su-
pervisor Hooks has been an advocate
of the measure from the beginning.
Supervisor Walsh has stated that he
believes ii the solution Of the question
and has announced his intention to
vote for 1t. Supervisor Loughery has
also committed himself to its passage.
Supervisors Herget and Pugh, the other
members Of the committee, have not
yet expressed their views.
CITY ATTORNEYS OPINION
The opinion of the city attorney is
as follows:
I am in receipt OF a request for an
opinion sent to be by the clerk Of
your board which reads as follows:
am. instructed by the public
utilities committee of the board of
supervisors to refer TO you pro-
posed ordinance directing the
United Railroads of San Francisco
10 run its Sutter street cars along
4 the inside tracks on lower Market
street from SanSome street TO the
) ferries, with the request that you
advise said committee whether or
not il is within the power OF the
board Of supervisors to enact such
an ordinance. II you md that II IS
within the power OF SAID ooaro,
the proposed ordinance is in such
form as to make il legally sufi-
cient and effective.
AS TO the power of the board:
I find at the present time street
railway tracks along and upon Suffer
street from Central avenue east to Mar
ket street and thence along Market
street 10 the city front. These tracks
were laid under a franchise granted to
the Sutter Street railroad company in
1879 by order Of the board OF super
N1sors Of San Francisco, being order No.
1925 1t is TO this order that the rights
OF the Sutter street railroad company
must be traced.
DIVISION OF FRANCHISE
The Sutter street railroad company
transferred all of its franchises TO the
Sutter street railway company, which in
turn transferred part of the franchise
THIS acquired by ii TO the United Rail-
roads of san Francisco. The part
transferred to the United Railroads of
San Francisco is that part extending
along Sutter street from Central avenue
to Market street. The remainder Of
the franchise is still In the Sutter street
railway company
LAS to the power of the Sutter street
railroad company thus to divide or
even transfer its franchise 1 at this
time express no opinion.
The United Railroads of San Fran
cisco in addition TO maintaining its
Sutter street service also maintains a
down Market street from Sutter street
east. The intention Of the ordinance,
according to the language of your re-
quest. is 10 provide that the United
Railroads must run its Sutter street
cars down Sutter street and by means
of a switch turn into and continue down
Market street upon the inside tracks
This / believe your honorable board has
the right to do.
PURPOSE OF FRANCHISE
The franchise of the Sutter street
railroad company, above referred to,
gave to the Sutter street railway COM
pany right to run cars over the fol-
lowing streets: Commencing at the city
front on Market street, thence along
Market street to Sutter street, thence
along Sutter street to Central avenue
A franchise such as this is an entirety
The intention Of the legislators in
granting il was to provide car service
from Central avenue TO the city front
1T is to be noted, Furthermore, that
the order granting this franchise does
not provide upon what part of the
street the tracks of the Sutter street
railroad company are TO be laid, ex-
cept in so far as that location is de-
termined by the reference in order No
1925 TO section No. 49S of the civil code
Section No. 49s of the civil code pro-
vides that the tracks must be con-
structed as nearly as possible in the
middle of the street.
'.The only location for the tracks.
therefore, specified by order No. 1926
Is that they shall be as near the middle
OF the street as possible. Order No
1926 provides. therefore. for the run
ming of cars down Sutter street to the
ferries as near the center of the street
as possible. To compel the running of
the Sutter street cars down Market
street on the inside tracks to the city
front is not in violation of order No
1925. but in furtherance of it.
RIGHTS UNDER CIVIL CODE
The legislature of the state of Cali
fornia has expressly given TO the mu-