The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-23
HORSE CAR WAR
IS INTENDED TO
END MONOPOLY
Legal Proceedings to Forfeit
Charter Proposed by Public
Ownership Association
Service Like That From Suffer
Street TO Ferry Already
Condemned by Court

The attempt of the United Railroads
20 prevent the construction Of The
Geary street road is to be met today
by a counter effort to drive the com
pany's horse car from lower Market
street.
The challenge to war from the trac-
tion monopoly has been accepted witt
an slacrity that has amazed the cor
poration officials They counted upon
a passive community. silently observ-
ing their efforts TO strangle the Geary
line in its cradle. Instead they have
but pulled the triggers of the enemy S
rifles.
Before the public utilities commit
lee today the United Railroads will
plead for the right TO operate its SUIT
ter street cars to the ferry. 1t viii
ssk this privilege at the same time
that its attorneys are preparing the
legal papers intended to keep the city
from building the Geary street line.
WANT FRANCHISE FORFEITED
Representative Of the Public Owner
ship association viii be in attendance
al the meeting and they viii request
that instead Of allowing the Suffer
street cars to run 10 the ferry, the
supervisors institute proceedings for
the forfeiture of the horse car fran
chise in lower Market street.
The request TO the supervisors will
he based on the case OF the old Bush
street line which maintained a single
car for the purpose OF holding a fran
chise. The case was taken to the
supreme court and in an opinion writ
ten by Justice Temple il was held that
the franchise was forfeit for nonuser
The court ruled that a single car did
not constitute service as intended in
the terms OF the permit
COURT AGAINST 4 SHAM
The language used in that decision
follows:
The circumstances show conclu-
siveIy that the franchise was held not
to convenience the public and to facili-
tate travel but 10 prevent the facilities
for travel. and thus force patronage
Upon the Suffer street sine"
Discussing this feature OF the case,
Justice Temple said further:
The board Of supervisors has the
COVER 10 grant such franchises in the
interest Of the public and TO facilitate
travel The pretense of running was
clearly a sham. IL was not intended
thereby to accommodate the public. and
II would have no effect in that direc-
tion."
II is contended that the Suffer fran
chise in Market street presents an ex-
act parallel Only two horse cars have
been maintained; part Of the time but
one. II is argued that the object is not
10 give service. but TO force passengers
TO transfer to the electric cars in Mar
ket street.
CITH'S RIGHTS UPHELD
In the Bush street case the court
laid down the principle that munich
pality cannot waive its right to bring
proceedings to quash franchise.
Nothing the United Railroads might at
tempt at this time. therefore. would
affect the city's right TO attack the
Franchise
with the Suffer street permit com
pletelT eliminated the way would be
cleared for the Geary road beyond the
possibility Of argument
The suit against the Geary street
road will be begun in a few days by
Attorney ". J. Brobeck He stated
yesterday that there was already suf-