The San Francisco call., 1910-04-02
CALHOUN STRIKES
BLOW AT BOARD
OFSUPERvISORS
United Railroads Attorneys Kill
Argument for Death of
Bancroft Bill
Contention Is Raised That No
Gap Exists at Sutter and
Market Streets

By the contention or its own attor-
neys in the pending litigation with the
city over its right TO a switch connec-
tion from its Post street track into the
Market street tracks at the foot of
Post. the United Railroads has deliv-
cred a death blow 10 the argument ad-
vsnced by members Of the public utiH-
ties committee Of the board of super
visors in defense of their refusal to
recommend the passage Of the Ban
croft ordinance providing for through
Sutter street service TO the ferry over
the inside Market street tracks.
HERGET MAKES EXCUSE
The explanation given by the mayor
lad the four members Of the public
utilities committee VINO refused TO
sanction the Bancroft ordinance was
based upon an assertion of belief that
10 order the installation OF such serv-
ice might jeopardiZe the rights OF the
Geary street municipal road to a lower
Market street right of way. Pressed
for a definite statement as to how such
an embarrassment could possibly re-
suit Supervisor Herget and other mem
bers Of the committee declared that as
gap OF several feet existed between the
end Of Sutter street proper and the mid
die tracks OF Market street an order
20 the United Railroads TO operate its
cars across this gap might be construed
as q command 10 use tracks belonging
70 the dummy Suffer street railway
company. and hence as a recognition
Of that company
DAMS ADVICE PREFERRED
Though city Attorney Long promptly
pointed out the fallacy of such a con-
tention and declared that no possible
jeopardy 10 the rights Of the Geary
street road could result Herget replied
that Cleve Dam. the mayors private
attorney and legal adviser. held a diff
ferenr view. and allowed It 10 be un-
derstood that he and his colleagues
preferred to rely upon the advice of
Dam rather than that of Long.
The United Railroads, however, has
provided one Of the strongest proofs of
the unsoGndness of the excuse given by
the mayor and supervisors 1t deliber-
ately stole a right OF way for con-
nection of its Eddy street tracks with
The Market street rails over a similar
gap" at the foot of Eddy street in the
face of an explicit limitation of the
extent Of the Eddy street franchise TO
the westerly line Of Powell street 1t
attempted the same thing at the foot
Of Post street and laid the connecting
track
THERE Is NO Gap"
The Post street connection was or
dered torn up. and the United Rail
roads enjoined the city from carrying
out such an order. That suit is now
pending, and one Of the principal con-
Jentions Of the United Railroads at
torneys has been that as the Post street
franchise runs from the junction of
Post street and Market street" without
more specific designation, its provi-
sions must be construed to mean from
the center line OF Market street" thus
allowing Of the connection between the
tracks.
The same principle applies to the
SEtter street matter. as pointed out
yesterday by Supervisor Bancroft. The
deed of the old Sutter street railway
company's property to the United Rail
roads describes the line from the juno
tion OF Suffer street and Market
street" If the United Railroads own
argument is 10 be applied there is no
gap
BLACK AROUSES CRITICISM
The admission made by General Man
ager Charles \. Black of the United
Railroads that the only real purpose
Of his company in fighting the city
over the Geary street road question
was because of its desire to retain
monopoly OF the lower Market street
situation has aroused decided criticism.
President ". Y Stafford of the board
of harbor commissioners sat up with a
Jerk when he read Blacks statement
in The Call.
stafford declared:
The question Of giving terminal IA
cilities at the ferry TO another streetcar
line has not as yet come up, and under
ordinary circumstances 90 not believe
in crossing streams until 1 reach them.
] think. however, that Mr.. Black lost
his head a little when lie said the
United Railroads did not propose to
lose its monopoly. The privileges that
the United Railroads enjoys in East
street are from month to month. and
the company pays the state $3.50 a
month for the privilege of looping the
loop. When the Geary street line comes
to the ferry, Mr. Black will find out
now much of monopoly the United
Railroads enjoys.
strong showing IS TO be made be-
fore the board of supervisors next Mon
day by those interested in securing a
through Sutter street service without
any abrogation of the city's rights. A
minority report in favor of the inn
mediate passage of the Bancroft ordi-
nance viii be presented TO the board
by Supervisor Hooks, who will de-
manG q vote.
BANCROFT BILL INDORSED
Resolutions strongly indorsing the
Bancroft ordinance were adopted at a
meeting Of the executive committee Of
the good government league Thursday
afternoon. The resolutions, signed by
President Frank ". Marvin, Samuel w.
Bacl1us, John J. Pratt. A NJ de Vail.
r. Stewart. Isidor Jacobs, Henry Col
ombat, Edgar Matthews, Milton T.
L. 'Ren and B. H Gurnette, were. in
part, as follows:
Whereas, the Sutter street rail-
road company and various civic
associations have filed with the
board Of supervisors petitions. al
lcr- L. ]. =