The San Francisco Call. Newspaper, May 30, 1899, Page 1

This Paper not to be taken from the Library_oo4‘ VOLUME LXXXV—NO. 181 SAN FRANCISCO, TUESDAY, MAY 30, 1899, PRICE FIVE CENTS. CORRUPT SUPERVISORS FAIL TO ENFORCE THE DEMANDS OF THEIR RAILROAD MASTERS Market Street Company Franchises Fail f0 Be Passed to Print After a Stubbornly Fougnt Battle. HE people of San Francisco have fought and won one of the most signal victories ever achieved in the history of the municipality. It remains with Mayor Phelan to determine whether or not this triumph, which involves millions of dollars and freedom from the exactions of a dominating monopoly, shall be made permanent. The Southern Pacific Company and its ally and feeder, the Market Street Company, have failed to secure from the Board of Supervisors the enor- mously valuable franchise privileges which in defiance of public opinion and honest protest were demanded. These franchises need but little characterization. Their character, 1ce their recent announcement, is notorious. Their adoption would have meant the robbery of the city, immeasurable injury to property ,own- ers, the cheating of the charter and a fifty years’ triumph to the associ- ated corporations. An adoption of these franchises would have meant the 1 1 of public and private rights, the usurpation of hundreds of by an exclusive monopoly and the death of competition for half ury. the Southern Pacific Company and the Market Street Company , by whatever means they care to suggest, the indorsement of the et Committee for these outrageous schemes. The franchises were to be ssed to print yesterday at a meeting of the entire Board of Supervisors. serviceable members had been secured. They defied in sullenness me the protests of the people. They were determined to win the ward of their service and not even the scathing denunciation of their honest associates could swerve them from their path of shameful duty. They were reinforced by a gallery of hissing loafers and attorneys of the railroad. They tried every possible artifice to carry out their part the bargain and receive its price. But they failed. The franchises were not passed to print and remain as they were before, simply a re- commendation of the Street Committee. As a sop to outraged public proposition to grant the Southern Pacific Company the privi- operating double tracks in the Mission was withdrawn. The battle then commenced on the street railroad franchises and for nearly four hours. Mayor Phelan and the minority, inspired urpose to honor a decent public policy, fought the adoption of the es in every way within the laws of a legislative assembly and a bitter struggle the fight was won. The board adjourned without day and without passing the atrocious s to print. In adjourning without fixing a time for the next ting the corrupt majority of the board placed in the hands of Mayor n a weapon which will win the battle for the people of the city. While customary for the Board of Supervisors to meet every Monday, is nothing in the law to make such meetings compulsory. The Southern Pacific Company and the Market Street Company nust obtain the coveted franchises before July 1 or any grant which the Supervisors may make will be, under a provision of the charter, null and void. Mayor Phelan, unaer the law. need not call another meeting of the Board of Supervisors until July 1. The Mayor is thus master of the situ- ation with a power for good that seldom comes to a single man. He can, by refusing to call a meeting of the Board, and no legal meeting can be called without his sanction, defeat what is perhaps the most gigantic steal ever attempted in the history of the city. Those that followed his energetic protection of the rights of the people yesterday feel that, al- though some nominal hardship might follow his refusal to call a meeting, he recognizes that in the tremendous balance of public good and corpor- ate greed he will tip the balance as he did yesterday and merit the com- mendation of the city. The law under which Mayor Phelan has power to act is section 67 of the consolidation act, as follows: Sec. 67. The Supervisors shall meet within five days after each an- nual election, and also on the first Monday of January, April, July and October, of each year, and at such other times as specially required by law; or they may, for urgent reasons, be specially convoked by the presi- dent of the Board of Supervisors. ONG before tt 1rd of SUper- | @ —e-6-+-6-e-4- 6+ visors met fo afternoon ses- | ¢ sion there we \tmosphere of gitation in the 3 Thou- s knew that the meeting was one of the 1d in the history of the municipality. .nchises worth millions of do a THE RAILROAD were to be sold corruptly to the ern Pacific Company and its local feeder, the Market Street Company, or | were to be preserved to the people of | 4 the city. The issue was one of gigantic | ¢ moment and the corridors of the City Hall were crowded by men inspired by eagerness to hear the 1 e determined. It was known that seven Supervisors had banded together. to sell their per- | ¢ nal honor and betray the city to the [ & corporation which has bought reputa- | ¢ ior 1d cities for its own finan- | ¢ cia These seven Super- | 4§ een branded by the iron of | & They had been threatened citize with personal z pleading and importuni- | 4 1to be in vain. Men rep- | ¢ nservative business in- | ¢ city had vehemently con- rospective action of the | majority board and had promised | & to appear T n at thé fon to | ¢ protest against e contemplated out- | & ., ) here wae in nsequence a great| 4 deal’ of excitement in the City Hall. | ¢ 3 The police = authorit anticipating | g iy ple.s ° trouble, were prepared, and squads of A B E AR ‘HW officers were gtationed at the various | through the Mission should be aban- | entrances to tk ard rooms and to | doned in order that the more vicious the Supervisor chambers. No one | and infinitely more valuable street rail- | who had not the open sesame could | way concessions might be preserved m; pass the portals, and it seemed ange | the corporation. It was Impossible to | to casual observers that an overwhelm. ing majority of those that passed the were railroad agents, ready to stamp approval of the efforts of the corrupt Supervisors and to hiss disap- probation of the endeavors of those that fought for the rights of the people. It may have been an accident, but the fact remained that railroad hirelings, from attorneys to loafers, packed the main floor and the galleries of the ses- sion chamber. Shortly before the meet- ing was called to order the seven sub- jects of the Southern Pacific Company ded, without the formality of a T ng, that the outrageous proposi- tion to permit the Southern Pacific L‘umpany\lo operate double tracks ! mistake the situation, which was with- | out parallel in its evidences of corrup- tion. The Southern Pacific Company had iesued its commands to its seven repre- sentatives in the board. These seven chattels stood naked in thelr shame, but desperate in their allegiance to their corporation master. If all which was demanded could not be secured, the Southern Pacific Company determined to sacrifice that which was least valu- able, and the “double track” concession was dropped. John Russell, clerk of the | board, was commanded to drop all ref- erence to it in the report of the Street Committee. The solid seven then filed into the as- doors AGELTINGER FAVORED | sembly chamber for their afternocon | work of planned corruption. As they | filed in they brushed against the ag- | gressive representatives of - indignant | Mission citizens, who came prepared to fight against the w outrage of their righ The solid seven smiled. They | believed that in robbing the people of | the Mission of an opportunity to pro- test they had cleared the way for the | perpetration of the outrage which in | street railroad franchis will rob the | city of millions of dollars and ddle upon the community for fifty the dead burden of an unjust monopoly. The solid seven reckoned without their host. Without argument and without defense they were forced to sit in shame as the acknowledged chattels | of the railroad. Through an exciting | session they saw themselyes check- mated by a persistent, determined op- position fighting for public rights un- der the inspiration of public policy. The five' minority members of the board and the Mayor fought every point and at the end the solid seven saw themselves i d of their prize and held up to | public scorn as men who had sold their reputations and forgotten the children who must.bear their names in a com- | munity of honorable men. The meeting had progressed far | through the monotony of routine before there was a suggestion of the exciting | | problems of the day. When the report | of the Street Committee, embodying the recommendations of - franchises to the | Market Street Company, was read Su- pervisor Holland, one of the solld seven, | arose and urged that the rules be sus pended and that the recommendations in reference to franchises be considéred at once. The suggestion of Holland was | a cheap subterfuge the motive of which | wag recognized at once. It requires | | eight votes to suspend: the rules, nnd‘i the solid seven, carefully coached by | ; L e e e | T B¢ i | ® [ ] q | t e ? @ 3 0490 0+0+040-+0-00+0 railroad agents, wanted to trap at least one member of the minority. The scheme was seen in time and defeated. | Holland had particularly one motive in view. The assembly chamber had been “packed” by railroad agents, and the bland Supervisor said that he was “CusmMING BOonEDd Down® PSP D R P sure men for and against the franchise were in the room and should be heard. These men, the Supervisor said, had been long in attendance, many were compelled to stand and it would be an outrage to force them to wait until the | routine business of the board had been transacted. Common courtesy.demand- ed, therefore, in the opinion of the suave Holland, that the gentlemen should be heard at once. The bait caught no fish particularly, as at that very moment the following protest, late in being presented, was handed to the clerk of the board: The Market Street and Eureka Valley Improvement Club hereby emphatically protests against the granting of any new franchise for the Geary street line of the Market Street Railrond at this time, for the following reasons: First—Because of fts illegality, the present franchise not having terminated. Second—Because it is an evident attempt thwart t il of the people as expressed in the new char- ter; and to prevent the possibility of the people obtaining possession of the whole street car system of thix city for half a ecentury, thus keeping this city behind all th progressive cities of the worl which are fast gaining possession of all their street cars and rondbeds. We maintain that these reasons are paramount to any temporary advantag that are claimed some to be obtained by granting the franchise now. We hereby certify th test was earried unanimously at a regular meeting of the Market Street and Bureka Valley Improve- ment Clab, consisting members. to t this pro- C. STADER, President. . DUBOIS, Secretary. by Federation of Mis- nt Clubs. WILLIAM Indorsed sion Improve At Holland’s request, however, clerk agaln read all of the atrociou demands made by the Market Street Company for local street railroad fran- chises. These outrageous requests have been frequently described. They include the bogus surrender of the | [ O O 1§ 1aacmany - + § COmMes b J0. 7 § HyiNeToNs 4 . o by | of seventy | the | b -eoeie@ | e O R e e S SR S Mayor Phelan Supervisor Byington then made a motion which precipitated the bat- tle'of the day. He moved that all | of the recommendations of the Street | Committee, urging franchises for the ‘ Market Street Company, be referred ‘ back to the committee for further consideration. The motion provoked | n storm of applause, which the solid | seven met without raising their heads. i Supervisor Aigeltinger slrenunusl\" objected to delay. He took upon him- | self the disagreeable duty of being the | | mouthpiece of the railroad during the controversy of the arternoon. “This | | matter has been before the board.” he | said, “time and again, and we should act upon it now.” The utter falsity of the assertion pro- voked a smile as the extravagant de- mands of the Market Street Company are only a week old. “When was this matter considered before?” asked Supervisor Byington. | “If Mr. Byington is particularly anx- | ious. to find out,” replied Aigeltinger, sullenly, “he can turn back to the rec- s four months ago.” “Mr. Aigeltinger knows,” was the | quick answer of Byington, “that a majority of the people of this city | never heard of these applications | for franchises until a week ago. | There are dozens of improvement clubs in this city t@at wish to be | heard in reference to this vitally | Has the Power to Profect the Gity and Save the Community Millions of Dollars. [ R e R R R AR A ) e ReNeNIRI NN N+ 3‘3092‘50.‘ 4+ - g 2 : MAYOR PHELAN CAN 3 g * K BLOCHK SUPERVISORS ; + & e A SR R & AYOR PHELAN has it in his power, and recognizes the fact i M in the following interview, to prevent a meeting of the s Board of Supervisors until July 1. He said last night: 24 “The resources of the law are marvelous when once we % invoke technicalities. The public enemies are not slow to s take every advantage, and in the public defense we are doubtless justi- % fied in demanding strict construction of rules and law. “After transacting all its business to-day the Board of Supervisors adjourned to no fixed day. To show the inadequacy of the consolida- ¢ tion act to meet the requirements of a great city, which was frequently & referred to in the charter campaign, there is no provision for meet- ¢ ings of the Board of Supervisors except four times a year. “The board having adjourned without fixing a day, I would say at first blush that there legally can be no meeting, unless called by the Mayor. “I will look into the necs ities of the public business and get the advice of my attorneys before making any statement. “The rank iniquity of forcing the Geary street franchise in violation even of the act of 1897 should put the citizens on guard and when the board does meet a loud and unmistakable. protest should be heard. The present franchise must he actually surrendered in good faith be- fore a new one can be granted. That is the plain reading of the act and the penalty for violating any of the conditions of the act by the Supervisors is removal from office. The attempted sale of a part of Geary street for the ‘corkserew’ routé, when Post street would better serve the Market -Street Company. is to prevent the sale of a fran- chise under the charter from the ferries to the park; because if Geary street is occupied above Market. the ‘ten block provision,’ by which a rival may use another’s tracks, will be defeated, for there then will 22023020055+ 2520 ¢ R0 RNIRNIRNININIRNIN+ LNINIRIR e RN+ R e R eRNeR | |important business. The citizens| ¢ 3 "5 ovceqs of ten blocks. This is the ‘Joker Geary street is the | who have appeared before us to-day |$8 110 oround for the people’s rights. If the city takes possession of represent ouly the Mission, but there | § - .0 1004 from the ferries to the Park in 1908, when the franchise leg- are many,others who have not had | & .o ornires we will realize an enormous benefit; otherwise we will | the opporinnity to lie heard. T do g 1.0o 1, await street railway reform for thirty-five years, when the :“;rb::’::;::‘i‘Tl::.:: .':::l""":::: g other franchises expire. It means millions to the city. O a2 “ v i ” o, Bt TN YRR NS WIS EE 'S 'This’is worth fighting for. and the fight has only begun. 3 glving to the people of the city a| @upenese2etie NeR+ReReRIRIBIRIRIN+ R+ R+ NoRIRIReNINeQ | hearing. If we want to be honest | i s |ana fair, give these pcople a|respect and kept their p]e(lge Of;mlllmml chattels. “I \ul_l nr\_t entertain | ehance.” | 5 .| frivolous, unjust and mischievous mo- . 3 S | decency and honesty in public| tions,” he said. | gain the assembly chamber rang S W tired i is; with applause, but the solid seven were | Office are as follows: Supervisors | (A geitinger retired in St undaunted. Holland came to the rescue Bvington Deasy, Hever, Lack- |pleaded that in courtesy to the visiting with an amendment to Byington’s mo- | -~ © = o0 | citizens they should be heard. |tion to refer the matter again to the | mann and Perrault. | “Then let them appear,” interrupted | Street Committee. Holland moved an| When the announcement was made | Supervisor Deasy, “before the Street e 5 et 5sd e &+ O+ 5O +5 4o s0sg | Committee in this room next Thursday W&l Q\\\\\ \ G- ®4~®»r®++®—o—<«¥&@—049 B O e B R O S SR ROt SR S ORS SORS SOR = BATTLING FOR THE CITY’S RIGHTS. afternoon.” The solid seven fwere drifting on to | dangerous ground. Any reference to the Street Committee sent visions of reward a-glimmering. Phelps was on his feet in an instant and with an in- sult and a deflance. “Let the whole city come here if it | wants to!” he shouted. “Let everybody come here next Wednesday at 2 o’clock | before the whole board. If this is such an important affair I move that we | meet then in regular session and invite everybody.” | Supervisor Lackmann showed that there can be no regular meeting of the | board according to custom until next o> e tOeHebeb e e | Monday. + “Why are you in. such unseemly & | haste?” asked Supervisor Byington, ad- 4 | dressing Phelps. & “I don’t have to answer your ques- | tion,” snapped Phelps. “I know you don’t,” was Byington’s ready reply. “You don’t have to an- | swer any question that your constitu- | ents want.” | Phelps replied by demanding that his | motion be put.” There was then a long | argument. The solid seven were be- coming tangled and uncertain. They may be shrewd in obedience, but they certainly are not crafty in carrying out their orders. In a moment Byington spoke to the motion. | “If we are recetving orders from | some one,” he snid, “who holds the whip hand and is driving the major- ity of this board, then let us hasten to do what we are ordered. But if | the gentlemen who are in such haste will look to their reputations | and not to the advantage of certain people who are operating outside of | thisx room, it will be infinitely bet- ter for themselves and for their children after them.” BYINGTON \WWARNS HI3 COLLEAGUES This impassioned rebuke was with mingled cheers and hisses. met The railroad lobby had at last commenced a disturbance which was quelled by the quick command of Mayor Phelan to the Berioeiebebetebebebebebebebei et 4 ® As soon as order was restored Bying- ton moved to amend Phelp’s motion for the board to meet to-morrow by lay- Geary street franchise and its recap- ture by the Market Street Company under conditions which preclude com- petition, nine small franchises, the corkscrew road, including the use of electricity on Post street and the change of the motive power to elec- tricity on all roads south of Market street. The franchise for double tracks, through the Mission, had significantly been omitted and Supervisor Byington asked to be informed in reference to it. Supervisor Holland and his six as- sociates were dumb. That was alto- gether too delicate a subject to discuss. Clerk Russell volunteered the informa- | tion, however, that the Street Commit- tee had decided not to report on double tracks. & amendment that the visiting citizens be heard at once. Mayor Phelan declared the amendment out of order. There was no appeal from his decision and Bying- ton’s original motion was put. As a matter of course it was lost. The solid | seven had assembled to obey the South- ern Pacific Company and they were not to be cheated out of the rewards of obedience. The sold seven refused to refer the recommendations for franchises again to the Street Committee. The roll of dishonor, which will long. be remembered by decent people of | this city, is as follows: Supervisors Algeltinger, Attridge, Black, Col- | lins, Holland, Kalben and Phelps. .. Those that retained their self- 1 | | | | police to preserve order. | | | ing the motion on the table. From this point to the end of the session the | struggle of the minority of five, ably | assisted by Mayor Phelan, to save the | city from the outrages planned by the | solid seven in the service of the rail- road was exclusively conducted on technicalities. The minority knew that they were fighting in the interest of public policy and they took advantage of every point permitted by the rules | of the board. Each member of the | minority contributed his share of tech- nical information, Supervisor Perrault rendering particularly effective service. | The solid seven were mastered at every | turn. They should have been better | coached. 1 Byington’s amendment was of course that the motion was lost Supervisor Byington changed his vote from ‘“no” to “aye” and gave notice that at the next regular meeting he would move for a reconsideration. Supervisor Aigel- tinger moved, according to the Southern Pacific programme, that reconsidera- | tion be held at once. Aigeltinger was eager in his demand. His appeal had | all the earnestness of self-interest. He misquoted from rules of parliamentary law, as Mayor Phelan caustically char. acterized them, “Cushing beiled down.” Every clumsy artifice known to the de- fender of the railroad was used, but to no purpcse. Mayor Phelan was fixed in his determination to protect the city and the body over which he presides from the impudent arrogance of the Continued on Page Three.