San Francisco-Oakland Terminal Railways v. County of Alameda

The San Francisco-Oakland Terminal Railways commenced this action in interpleader to require the county of Alameda and the city of Oakland to litigate between themselves the question as to which one was entitled to the annual payment of percentages upon the gross receipts of the operation of street railways over certain streets now located within the municipal boundaries of the city of Oakland. The railways are operated over these streets by virtue of four franchises granted to the predecessors of the plaintiff railroad corporation by the board of supervisors of Alameda County. The first franchise was granted by ordinance of the supervisors adopted July 10, 1893. The other three franchises were granted in accordance with the terms of the Broughton Act (Stats. 1905, p. 777) in May, 1907; December 1907, and May, 1909, respectively. All four franchises granted the right to construct and operate street-car lines over public highways within unincorporated territory in the county of Alameda. All were to run for a period of fifty years each and all called for the payment to the county of Alameda of a percentage upon the gross receipts derived from the operation of the roads. On December…