Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-06-20
THE ELECTRIC FIGHT.
Decision Of Judge Irwin in the Elec-
trio Light Contest.

IN tue superior court OF IhurSt0n
county, Washington.
The Olympia Gas and Electric Light
Company, plaintiff. VS.. the Olympia
Light and Power Co., defendant.
No. liz. decree.
This cause, coming on regularly to
be heard on this 10Th day of June,
1880, upon application of plaintiff for
an order enjoining defendant from in
terfering in any manner with the
rights and privileges of plaintiff, in
the use and enjoyment of a certain
franchise acquired from the city of
Olympia, both parties being represent
ed by counsel, and the court having
heard the proof and the argument of
counsel thereon, and it appearing to
the satisfaction OF the court that the
said city of Olympia, by Ordinance No.
252, approved April 16, 1887, has here.
tofore granted to one Allen c. Mason
and his associates, or assigns, Gnter
alias) the right and privilege Of =" erect
ing, constructing and maintaining
within the corporate limits of the city
of Olympia such poles, wires and
works as may be necessary or cOnven-
lent for the manufacture, production,
distribution and supply to the said
city and its inhabitants of light, heat
and power by means of electricity; all
poles to be erected upon such parts of
the avenues, streets, lanes, alleys,
highways and public parks and
grounds of Olympia as may be desig-
mated by the street committee of said
city," and that said rights and priv
ileges were duly assigned by said Al
len c. Mason to this plaintiff; and
that thereafter the street committee
OF the Common Council of said city
designated to plaintiff certain places
and lines upon certain streets and
avenues Gncluding Main street and
Fourth street, in said city, upon
which plaintiff should erect its poles
and extend its wires; that thereafter
the said city of Olympia granted to
defendant Qnter alias) the right and
privilege of operating street railways
by electricity upon certain streets and
avenues Gncluding said Main and
Fourth streets) in said city, and the
right to "erect and maintain upon"
and "along" said streets, all necessary
poles, supports. wires and other APP
pendages necessary for the purpose of
operating its railways; said poles of
defendant company to be erected at
places to be designated by the proper
authorities Of said city; and it further
appearing to the satisfaction of the
court that space OF thirty inches on
each side o! the center of the line des-
ignated by said street committee to
plaintiff, on which to erect its poles is
necessary to plaintiff for the free use
and enjoyment OF the rights and priv
ileges acquired under and by virtue of
said ordinance of April 16, 1887, and
that any poles or other objects placed
by defendant within thirty INCHES of
the center of said line, will interfere
with and obstruet plaintiff in the free
use and enjoyment Of said rights and
privileges, unless plaintiffs wires and
other appliances are duly protected
from such poles or other objects by in
sulators and other ways and means
necessary to secure TO plaintiff the free
use and enjoyment Of the rights and
privileges of its franchise, acquired un-
der and by virtue of said ordinance.
April 10th, 1887; and it APP
pearing that defendant has erected
poles, and is about to erect other poles,
which are and will be an interference
with plaintiffs rights in the premises,
unless protected as above designated: 4
1t is therefore ordered, adjudged and
lecreed, that defendant be and hereby
is perpetualiy restrained and enjoined
rom erecting any poles or other oh.
ects within thirty inches of the Gen.
Ter Of plaintiffs line, rs designated by
The said street committee, except at
such points as may be necessary for
defendant to erect poles within closer
proximity than thirty inches to the
:enter of plaintiffs said line, to secure
% defendant the proper and legitimate