The San Francisco call., 1910-07-16
UNITED RAILROADS
CLAIMS CEARY line
State Asks Court to Declare
Forfeited the Franchise for
Abandoned Tracks
TREY Ford Argues That Grant
Can Not Be Set Aside When
Regularly Made

The suit begun by the people of the
Railroads to have the superior court
declare forfeited the franchise under
which the street railroad corporation
claims the right to run cars in Geary
street from Taylor to Kearny was ar
gued before Judge Seawell yesterday
on demurrer Tirey L. Ford repre-
sented the railroad and Jesse Steinhart
appeared for the people.
The United Railroads asserted its
ownership of franchises emitting it to
run cars on five blocks of Geary street
as means of hampering the city in
system in Geary street The claim or
the United Railroads was founded on
musty franchises acquired from the
Market street railway company at the
time, the Calhoun. merger was formed.
The Market street company had previ-
ously purchased the7franchises from the
Central railroad company and the
North Beach and Mission railroad COM
pany, to which they were granted by
the board of supervisors November II,
1879.
TRACKS WERE ABANDONED
Never having used the franchises
they are forfeit on that ground alone
so far as the United Railroads is con-
cerned. But it is alleged in behalf OF
the state that the Market street COM
pany was unable to transfer the fran
chises to the United Railroads for the
reason that the first named company
abandoned the tracks in March, 1897
and that on the 22d day of that month
the board of Supervisors passed reso-
luton declaring the company had aban-
doned it's right TO run cars on the rails,
and ordering that the tracks be re-
moved.
In arguing the demurrer YESTERDAY
the pain point made by the ohl.eo
Railroads attorney was that no cause
! of action was stated in the complaint
| ina asmuch as, under the statutes, the
| ONLY reason for which a franchise couio
be forfeited was that it had beer
usurped or wrongfully obtained in the
| first place In this case 1t was ad-
| mitted by the plaintiff that the iran
| chises were regularly granted In 1853
JUDICIAL FORFEITURE WANTED
Steinhart replied that until a judg-
ment OF forfeiture was obtained. tne
! franchises were still in existence The
! franchises must be forfeited by jul
/ what the state was asking FOR.
Judge Seaw ell took the demurrer un-
der submission A motion was also
made by Ford to quash the service OF
| summons on the defendant, because the
| company had been served with al
| amended complaint as well as with the
original complaint. Judge SeaWen sale
that there was nothing in that point
PIatt's Appeal Dropped
| Apparently the United Railroads ha:
| determined to accept as final the de
cision of the supreme court which de
clared valid the proposal of the people
1 to construct and operate the Gears
street road. When the decision wa
| handed down June Is Attorney W. !
| Brobeck. in behalf of the plalntlff
/ Horace G Platt, announced that NJ
| would apply for a rehearfng, but tina
| he would not take advantage of the y
! davs allowed him by law TO file his pc
| tition.
| Yesterday was the last day upoi
which such petition could be hle'
and none was placed on record Bro
| beck is away on vacation ana Plal
has been i'll at the Pacific Union clu'
for many weeks.
Assistant City Attorney John T
| Nourse, who has been aiding City AT
torney Long in handling the Gear.
/ street suit said: No application TO
| a rehearing in case where the su
| preme court was unanimous in its de
| cision has ever been granted and un
doubtedly Brobeck realized the fruit
| lessness of the task.
THE Geary street road proposition /
safe now from legal interference, a
least until the construction worl
| rea ches the tracks of the United Rail
roads at Point Lobos avenue and Thir
| ty-third street, where some effort coul
| be made there to prevent the city iron
| laying tracks on the six blocks from
| Thirty-third to Thirty-ninth, upol
which are the tracks of the Unite
| Railroads."
More Bonds to Be Issued
A new call for bids ON the Gear
roads bonds will be authorized by TIL
board of supervisors Monday. TIL
clerk will be instructed to solicit offer
for s240.000 of the securities abou
September l. With the $260,000 alread
subscribed this Will place in the treas
ury $500. 900 for construction.
At today's conference between tn
mayor and the public utilities an
finance committees of the supervisors
Works Commissioner Broderick. Cit
Engineer Manson and Assistant Cit
Attorney Nourse various factors in tn
construction problem Will be taken ul
The selection of q power site, the fins