The San Francisco call., 1910-09-13

entertaining the view as to section
499 Oimiting one road to the use
of five blocks of another) that it
includes within its terms the city
think, under these circum-
stances, the thing to do is to issue
formal Injunction against the
city as to the road in Market Street
and on the portion in Point Lobos
avenue in controversy. You can
then appeal to the circuit court of
appeals and have it decided finally.
| take 1t that no matter in how
nigh regard the parties to the suit
may hold this court they will want
TO carry the issue to the circuit
direct from the order granting the
Injunction
OCTOBER HEARING
| think you can have this matter
determined at the. October hear
ing. / think the question ought to
be cleared up so that the city will
know where it is. Certainly the
to expend the peoples money and
then find that the authorize ton
was for something not valid and
that the expenditure had been
futile
shall not enjoin the city except
as to those points mentioned. The
city may proceed as to all other
points of the road. BY the time it
reaches the interfering point at
Point Lobos avenue, we can have
it decided If it is determined that
the city can not build in Point
Lobos avenue on the disputed
blocks, the supervisors can then
take the necessary steps to adjust
matters.
CAN GO AHEAD
The question can be Immediately
and definitely determined to best
advantage for all concerned by the
issuance of a temporary injunction
against the construction of the
Market street portion of the road
and that portion in Point Lobos
avenue covered by the United rail
roads tracks. This will not pro-
hibit the city from going ahead
with the construction of the other
portions of the road. The order
Will include denial of the injunc-
ton except as to those fea lures !
have mentioned. | do not regard
the disputed blocks in Geary street
as involved in the same principle.
The order as contemplated will not
prohibit the city from construct
ing on those blocks in Geary street
between Kearny and Taylor streets.
can fix bond now or, If agree
able, Will leave 1t to be arranged
between counsel for both sides.
In commenting upon the ruling, Cit
Attorney Long said:
The decision is very gratifying be
ng an absolute confirmation on tn
part of the United States circuit couI
Of the right of a California municipal
ty to engage in the business of con
and operating a street rail
road. Under the ruling of the cour
here is no reason why the department
IF the city government having in han
-he construction of the Geary stree
should not proceed immedi
ately TO carry out the instructions @
-he people of San Francisco as mani
tested by the vote carrying the Gear
street bonds
DOUBTED
This office has never entertained
1oubt as to the ultimate success of TIL
cfty in establishing it's right to con
struct and operate the Geary stree
'oad as a municipal street railway. Th
questions presented by the applicatio
for an injunction regarding the Marke
street extension and the extension /
Point LoboS avenue to Cliff avenue wi
nave to be thrashed out thorough
either on appeal or upon the final hear
ng of the cause in the circuit court
Upon the application for a tempo
-ary Injunction the ruling of the Unit
I'd States circuit court was eminentI
fair to bottle parties and / fail to Sc
that the city is in any substantial de
gree interfered with in this work
The principal purpose Of the bon
election was ito construct and operat
the Geary street road on PRACTICAL
the same lines as it is now being op
Grated. The manner of getting to tn
ferries is a matter that can be consid
cred later when the rights of the cit
to control its streets for all purpose
IS finally established. | am confden
Ultimately that the United States court
will hold that the doctrine that a mu
can oust itself from its ow
property to the benefit of a privat
is unsound.
1T is pleasing to know that tn
court refused to take seriously the alb
five blocks in Geary street, which the
are not now using and never intende
to use, but hoped to block the effort
Of the city by asserting rights advers
to the municipal railway.
The people now served by the Gear
street railway have a right to expec
that a modern, up to date street rail
road will be in operation within tn
time reasonably required to construc
1t from the present terminal at Gear
and Market streets to the park
have no doubt that the necessary step
will be Immediately taken so that tn
assurances so often given the publ
that the dirt will begin to fly in Gear
street. as soon as the city is free
from legal entanglements will now b
carried out"