The San Francisco call., 1910-03-11
BOARD ISLFFT
STANDING UPON
ITS OWN LEGS
Long Declines to Assume Super
visOrs' Powers on Market
Street Permit
Opinion Urges Recognition of
City's Rights as Best Defense
of Geary Street Line

"If tho board wishes 10 make absO-
IuteIy certain tho right Of the city TO
operate its own street railway system
in Marker street from Geary street TO
he ferries then ia can best do so by
masking as a condition for the granting
of the permit the stipulation that the
Sufter street railway company will rec
oSnfEe the right of The city to operate
its ears over The same roHte."-From
opinion of city Attorney Long.
City Attorney Long is not disposed
20 assume legislative powers vested by
e charter in the board of supervisors.
o- that reason he may decline to draw
Up on his own account = permit grant
'n z tho Sutter street cars through ac-
ress 10 the ferry He is ready. how
evor. 10 put in legal form any permit
that the supervisors desire to bestow.
POINTS TO OPINION
The public utilities committee of the
board OF supervisors has endesvored to
shift the responsibility for its recon-
nendstiou TO the city attorneys office.
Long declines 10 accept it. He points.
however. to his written opinion, in
which BEE says.
If tho board wishes TO make abso-
-1tely certain the right Of the city to
operate iJs own street railway system
IN Market street from Geary street to
the ferries. then il can best do so by
making as "a condition for the granting
~ tlc permit the stipulation that the
~lttor street railway company Will rec
pE0iIc trc right OF the city to operate
Its cars oyer tho same route"
That language. he believes. is suffi-
GENTLY plain. The public utilities com
uirtes had this ruling before it when
n chose - omit the condition sug-
gested.
The documents bearing on the mat
ter were submitted to Long yesterday
ny clerk Hagerty Of the board of su-,
pevisors.
~ nrd tho request Of the commit
tee somewhat indefinite said Long
yesterday The functions Of the city
attorney I'm such matters are merely
advisory. He has no power TO impose
,oTdirons of his own. but merely to
prepare i'm legal form those decided
upon oy tho supervisors"
Up TO COMMITTEE
The city attorneys report will be
prepared at once and dispatched to the
rommiJtec- Il viii then rest with the
public utilities committee whether to
report its findings TO the full board
on Monday or TO hold the matter for
further consideration It is understood
that The subject viii be called before
The full board at its Monday meeting
The resolution, as prepared by the
clerk Of the board follows:
railway company and the United
Railroads company be and are here
by granted a temporary permit and
privilege, revocable at the VIII of
the board Of supervisors to operate
and prOpel streetcars by electricity
by means OF the overhead trolley
system and along the outer tracks
in lower Market street from the
juuCture OF SanSomc and Market
streets to the ferries; that such
permit or privilege is granted and
accepted upon the conditions that
the city snail lose none OF Its rights
TO operate n street railway system
OF its own over the same portion
of the street covered BY this grant
and that the city by the issuance
OF the grant does not recognize the
right OF the SutteT street railway
company or the United Railroads,
together or separately, TO an eXclu-
sive use Of lower Market street.
BANCROFT RESOLUTION COOLING
The program has been so arranged
that this subject shall be disposed of
before the Bancroft resolution is taken
up for consideration. The Bancroft
resolution orders the United Railroads
TO install a switch and TO run its Sut-
ter street cars down the inner Market
street tracks. The plan of the Nc
Ca~thy administration, ii is stated is
10 hand over the permit gratis and then
To put the Bancroft resolution, as Su-
pervisor LOUghery says, away to cool"
The members Of the public utilities
committee who voted 10 give the fran
chase away were inclined yesterday
10 shift and dodge such questions as
were propOunded- Apparently il did
not appear unusual 10 any of them to
give way without charge, or ample
protection, 2 privilege which the rep
Tcsentatives Of the United Railroads
have declared to be worth at least
sl.O00.o 900
Supervisor Pugh. like Mccarthy. saws
the matter is up 10 the city attorney.
The city attorney is our legal ad-
wiser" said the supervisor yesterday.
7 would be in favor of leaving these
legal matters to those who can handle
them. ] don't suppose the city attor-
ney could do very good job of plumb
ing and I think il would be best for
Us 10 depend on his guidance in mat
tiers OF this kind
WAYS MAY BE CREASED
Those close to the administration
state that the measure is progra mined
10 90 through and that nothing can
stop it. There will be determined on
position. however. Supervisors Cutten.
Bancroft and Hooks are known to be
gainst the measure unless ii contains
the saving clause for the Geary street
railway. Supervisors Mclaughlin and
Walsh may also take this view. Super
visor Kellys connection with the labor
council may cause him TO join the op-
position Supervisor Murdock voted
gainst the permit as a member of the
Taylor appointive board. Should su-
pervisors Harris and Hayden unite
with the dissenters the measure might
he blocked.
The labor council will continue its
protest II viii carry its opposition to
the floor Of the meeting of the full
board.
The Geary street case will come up
for argument this afternoon before
Judge Sturtevant. The city attorneys
office viii be represented by Thomas E.
Haven and John T. Nourse. Attorney
". I. Brobeck viii speak for the trac-
tion interests.