Arizona republican., 1913-07-02
THE PROTESTS
 TURNED DOWN
Council OverluIes Objections of Central Avenue Prop erty OWners-City Attor- ney' s Opinion on City's Relation to Railway

The proceedings of the city council last night were largely negative. They consisted of denial of the protests of citizens along Central avenue to certain charges in connection with the street paving, matter that had been pretty well threshed out the night before. Two applications for saloon licenses were denied. The council being in this temper it was with some trepidation that the city engineer submitted d request for a Vacation but to his surprise the council granted that
 The Central avenue property owners protest was disposed of in committee of the whole. In open session the position of the council was stated by Councilman McElroy. He said that no other course had been left open to the council. The plans and all papers in connection with the paving had been exposed for inspection by interested property owners and they had been given proper advertisement. No protest. when protesting was good, having been made. the council entered into a contract with the pay ing company, the work had been done and must be paid for. The city could not undertake the expenditure. MT McEroy admitted that on the showing of the property owners, it was plain that an injustice had been down them but it was too late now 10 cure it.
 Several matters relating to the eS- tablishing of widths and grades of streets came up in the form of two ordinances and were passed. Other matters were referred in lump to the committee of the whole to be acted upon at the next meeting.
 The city attorney at a meeting held since the beginning of the street railway strike had been requested to submit an opinion regarding the right O. the council to declare the franchise under which it was operating. null and void for failure to run it's cars on the schedule fixed in the original ordinance granting the franchise or by subsequent amendments to the ordinance Ordinance No. 123. grant ed to J. Q. Dunbar in 1892, the city attorney found to be a most liberal one It required, regarding the run ming of the cars, that there should be a thirty minute service on Wash ingtOn street, and there was no re quirement as to the service on any other street. though there is d pro- vision that if any part of the street car system is not operated for a period of six months, the company should be required to remove the track at it's own cost The ordin- ance allows an "unaVoidable accident" to protect the company against an annulment of it's franchise for failure to maintain the thirty minute sched- ule. A strike or a riot. the city at torney believed. would be regarded as an unavoidable accident" and che question might arise whether it was not the duty of the city to prevent such accidents
 The city attorney stated that ,he powers of the city must be express ly or impliedly granted and should it undertake to exercise the power of annulment of the franchise it's work would be subject to review by the courts He suggested that the state corporation commission was proper tribunal to which the matter might be submitted The report was ordered on file
 The council accepted the bid of the Phoenix Title and Trust company for the contract to correct the as sessors's maps for $500.