The San Francisco call., 1910-03-17
SUTTfR STREET
PERMIT EvOKfS
BRISK DEBATE
Supervisors Committee POST
pOnes Action Until
April Is
Bancroft Ordinance Referred to
City Attorney for Opinion
as TO Its Legality

No permit VIII be granted, for the
present. at least 70 The Sutter company
to run electric cars TO the ferry. That
much was decided yesterday by the
public utilities committee. It post
poned action on the permit until April
I3 Nor viii the United Railroads, for
the present, at least be compelled TO
route its Sutter street cars to the ferry
over the inner Market street tracks.
That much was also decided yesterday
b. the public utilities committed The
Bancroft ordinance, which embraces
this point, was referred to the city at
, torney.
The session was punctuated by occa-
Sional flashes. Attorney oscar Cooper
displayed an unwonted inclination to
touch of the lightning. He objected
Nehementy TO the written opinion Of
City Attorney Long in which the COM
mittee was advised against granting
the permit
ATTACKS LONGS OPINION
The city attorneys opinion is an
evasion Of the question asked him, p"
said Cooper. 1t is silly for an attorney
10 say that the granting Of a permit
under these conditions would embarrass
clTy attorney, 1 do not regard his opin-
ion as sound. 1t is an evasion. 1t is
partisan.
Again and again Cooper threw him
self al the city attorneys opinion.
Finally he declared: I say without
hesitation that I would discount the
city attorneys opinion. 1 think il is
rotten"
When Percy Long was apprised later
3n the day Of CoOper's assault, he said:
L do NOT know Mr.. Cooper, and his
views do not interest me in the slight
est degree
This is the ruling that disturbed
Coopers peace of mind:
To the public utilities committee:
Gentlemen: In reply TO yours Of
March 10. 1910, wherein you ask
ne TO suggest the necessary
changes and alterations in the res
olUtiOuS submitted By you grant
ing q permit TO the Sutter street
railway company and the United
Railroads TO operate cars on the
outer tracks OF lower Market street
by electricity. I respectfully sub
NIT that in view Of the action taken
by the board Of supervisors Monday
last. whereby I was requested 10
initiate the necessary proceedings
10 have declared forfeited the fran
chises in different parts Of the city,
ii would greatly embarrass this Of
fee in the prosecution Of such
suits II any permits were granted
10 the Sutter street railway COM
pany for the purposes contem-
plated BY this resolution or if any
other recognition of the Suffer
street railway company were made
by your board.
therefore earnestly urge that
your committee decline to take any
action granting 2 permit of any
kind TO the Sutter street railway
company or any action which will
in any way recognize such COM
pany in the use of these outer
tracks in Market street
AeSR SRSStlSV1ss RtoISDSVss ro>-c
In view OF this ruling the discussion
naturally centered about the Bancroft
ordinance When II became apparent
that Bancroft could not induce the
committee TO recommend its adoption
p he announced that he would bring the
matter before the full board. Super
visor Hooks spoke for the ordinace
but was outvotep by his four colleagues
on the committee.
Supervisor Loughery opened the
meeting with the suggestion that ac-
tion on the application for the outer
track permit be postponed. Oscar
Cooper thought the committee could
grant the permit anyway and disre-
gard Longs admOnitiOn.
"Bancrofts ordinance solves the
problem" said Hooks. The company
can install switch in two days and
run its cars down the inner Market
street tracks.
Cooper asserted that the city should
view the case as land owner who
was troubled with a sqTatter.
While he was taking legal pro-
ceedings to eject the squatter," said
Cooper. 'he could enter into arrange
lnents TO make the squatter his ten
ant"
Yes" interrupted Supervisor Walsh
hut wouldn't he charge the squatter
rent?"
But we stin have the city attor-
complained Loughery TO Cooper
7 say without hesitation" cried
Cooper, that 1 would discount the
city attorneys opinion. / think it is
rotten
STIPULATION SUGGESTED
Attorney Edgar Peixotto suggested
that some stipulation could be entered
into with the consent of the court by
which the Sutter company could be
granted the permit during the litiga-
tiOn. He added that former permits
had been given the Sutter company.
Hooks explained that permits had
3 been given for only one track and
merely to aid the company during the
period of its reconstruction.
And the permit was extended sew
eral times for the convenience Of the
public broke in Mullally.
Until the SGtter company refused TO
accept any further permits" continued
Hooks
Which it now consents to do"
amended Mullally.
The Bancroft ordinance was then taken
up for consideration. Loughery was
skeptical as to its Legality. Bancroft
asserted that there was no fear on that
score.
You give the company only until
April to install the switch. Are you
familiar with the time required to put
In such a switch2" queried Loughery
I know how quickly they can put
in switches without permits" replied
Bancroft
I'd Ike TO know which ones?" de-
manded c. n. Black manager of the
United Railroads.
Hooks then made the point that as a
nronertv holder at Van Ness and S,,t-