Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-20

the city recorders office reveals the
fact that there is no written accept
ance on file. The ordinance granting
the franchise to the company says
that within 80 days after the ordi-
nance goes into effect (and it went
into effect on the night of its pas
sage, March 13, as it carried an
emergency clause that the Oregon
Electric shall file with the city re-
corder its written acceptance of the
provisions of the franchise. Over
three months have passed by since
the time for the filing of the written
acceptance with the city recorder ex-
pired. Judge Elgin says that he
called the attention of the expiration
Of the time to Councilman Lafky, and
that John McNary, counsel for the
Oregon Electric, was advised of 1t.
Was Filed Says McNary.
"The written acceptance of the
franchise of the Oregon Electric
franchise was filed on the next day
after it was granted to the COM
pany by the council" said John Nc
Nary, counsel for the company, in
discussing the subject this forenoon.
"The night that the ordinance
passed, Harrison Allen, general
counsel for the company, wired Su-
periHaendeut Stevens, at Portland,
advising him of the fact, and direct
ing him to forward his written ac-
ceptance of the provisions of the
franchise. When 1t was called to
my attention some time ago that a
written acceptance of the franchise
had not been filed, took the matter
up with Mr.. Allen. was advised
that the acceptance had been filed
the next day after the passage Of the
ordinance granting the franchise,
and can account for its absence only
ly the fat that it must have been
misplaced.
Makes No Difference, Anyhow.
"When I learned that no record
could be found of the written accept
ance, I stated that if none could be
found in the course of few days, l
would take the subject up with the
company and have one filed But
then it does not make any difference,
whether or not one is filed or not.
The Oregon Electric does not want
to back out, and it could not if it
would. The Oregon Electric has
started a series of condemnation
suits in the courts, and the basis of
them is the franchise granted, and
it would be estopped from denying
that it had accepted it. The city has
granted it, and its officers signed it,
and both are bound"
What Elgin Says.
"It seems strange to me that il the
written acceptance was filed with me
that / should know nothing of it. Of
course, it might be possible that the
paper should be come lost, and I
should not recall the fact that it was
filed with me, but it is not probable.
I cannot recollect of any such pa
per being filed with me, nor recall
that any representative of the Ore
gon Electric called on me for the
purpose of filing it. think / would
recall something of it if it had ever
been fled"
Have No Franchise.
"Off-hand, l should say that, un-
less the Oregon has filed a written
acceptance with the city recorder or
started work on the streets on which
the franchise was granted, that IL
has no franchise" said Attorney Cor
by, this forenoon, in discussing the
subject.
"It could either be accepted by eX-
pressly by filing the written accept
ance or impliedly by commencing the
laying of its rails on the streets up
on which the franchise was granted,
and unless one of these things have
transpired, there is nothing existing
! to bind the Oregon Electric or the
city of Salem to the franchise"
What Mcdowell Said.
! 1t develops that the next day af-
| ter the granting of the franchise by
the city that Mr.. Mcdowell. right OF
way agent for the Oregon Electric,
in his pompous way, fourished be-
fore certain persons paper which he
said was a written acceptance of the
franchise, and that he stated that he
was going to file it. Whether it was
really what he represented it to be ol
something else, and if it was, wheth
er he is still carrying it about in hi:
pockets, or really did file 1t, and Re
corder Elgin has been stricken will
a lapse of memory, are matters o
conjecture.
Anyway, this fact remains, anC
that four months have gone by sine
the granting of the franchise to tn
, Oregon Electric, no written accept
ance of its terms are on file with tn
: city recorder.