Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-09
TUE LIGHT MAR.
AN INJUNCTION ASKED AGAINST THE
CENTRAL ELECTRIC COMPANY.
q. U. steinman Claimss That There Was
But One Legal Bid Before the
City Trustees.

h The papers in an injunction suit wer
yesterday fled in the Superior Court by B
E L. Steinman president of the Capital Ga
Company against the Directors Of tn
J ,entral Electric Company, who we're OF
Mon, lay granted franchise to maintain
!, an elec,. &c plant in this city and also
cont,se. 10 li-ht the streets for period o
two yeg,s Plaintiff sets forth in his com
plant as follows;
In the Superior Con-, OF the county OF saeTe
mento, state OF Gallon. Light Company {,
corporation), c. T. Fargo nd u q S,n;ib
Joseph D. Redding, Z, l. Baker - ennhii1
and Eugene J. Gregory, william % Eoa3d ~
and Henry G. Wolf, composing - ,iandonts
Trustees OF the city of Sacramento, d ana 10
Now comes the above Damed plaintiff, 80
cause OF action against said defendan. ~
each of them, AYERS the following feets;
l. That this plaintiff is and for many yea
last past has been. resident, citizen and tax
payer of the city of Sacramento, stale of Cali
| fornia, and has owned and does own consider
able amount Of real and personal property, To-
Gated in and subject to assessment and taxation
By the said city of Sacramento for municipal
! purposes, and that he annually pays several
| hundred dollars of taxes levied, assessed and
collected by the said city for municipal pur-
! poses
| 2. That at all the time hereinafter mentioned
the said defendants Gregory. Mclaughlin and
/ Wolf have been and are now the duly elected,
| qualified and acting Trustees OF the city OF sac
| amento, and compose the Board of Trustees Of
| the said city, as provided III its charter.
| That the said defendant, the Central Electric
| Light Company is now a corporation duly
| formed, organized and acting under the laws
| of the state of California.
| g. That by the terms of the charter heretofore
| grained by the Legislature of the State of Cali
| tornia and under which alone the said city of
| Sacramento is, and for many years last past has
| been organized, existing and acting, it is made
the duty of the Board of Trustees OF said city to
provide, among other things, for the lighting of
| the streets of said city, and the said Board of
| Trustees was aud is by the said charter author
| lied and empowered TO make contracts for the
benefit of said city, and 1t was and is the duty
OF the said Board of Trustees in all respects 10
protect the interest of the said city and of the
| Taxpayers thereof, and in The making of all
| contracts to act for the benefit and in the in
| terest of said city and its inhabitants and tax
payers.
4. That heretofore, to wit on or about the 9th
| day of Decem Der. 1889, the said Board of Trus-
tees of the City of Sacramento ordered and
caused to be published in the public news
| papers of said city q notice, which was and is
| in the words and figures following:
sealed Proposals will be received by the
| Board of Trustees of the City of Sacramento
until Monday, December %, 1889, at 10 O'clock
A. NJ for lighting the streets of this city for two
| years, from December 81, 1859, bidders to stale
price for furnishing $50 electric lights; also for
| Specifications can be seen at the City Trustees
| Office.
By order of the Board of Trustees.
Sacramento, December 9, 1889
E. H. MCKEE, Clerk"
| That subsequent to the publication of the
| said notice and On or about the 23d Gay of De-
! eember, 1889, the Capital Gas Company, which
| is a duly organized corporation, existing and
acting under the laws of the State of California,
| aud i'll response to the said advertisement, pre-
| scented and filed with the said Board of City
Trustees bid, which is i'll the words and fig
ures following:
SACRAMENTO, Cal December %, 1889
ITO The Honorable Board Of Trustees ofpe Gig Of
| Sacramento CALIFORNIA; GENTLEMEN: The Capital
| Gas Company OF the City of sacramento, Cal,
hereby offer to furnish seventy five 75) electric
| lights more, per your specifications, at sew
| euteen 95-10O dollars az per light per month
| and will also furnish TWO hundred (200) gas
| lights more less at four dollars ga Coz per
| light per month, for the term of two years
| beginning January l, 1890.
| "Herein you will find inclOsed a certified check
for one thousand dollars Isl 0O0) as required per
! your specifications. CAPITAL GAS COMPANY.
"By B. U. Steinman, President"
| 5. That rs this plaintiff is informed and be-
ieves and so charges the fact to be, no other bid
| i'll response to the said advertisement was ever
made, given or received, but that on or about
| the 2lst day of December, 1882 the defendants,
| Fargo, Hamilton, Redding, Baker and Smith,
| presented to the said Board of City Trustees a
| communication or proposition, which was and
| is in the words and figures following, 10 wit:
To the Trustees Of the city Of Sdcl amelto-GEN-
TLEMEN: In the event of the undersigned re-
ceiving g franchise from the city OF Sacramento
SIS asked for, granting them the right to erect
and maintain an electric light plant within the
said city, and in conformity to the advertise
ment OF the Trustees dated December 9, 1889,
herewith respectfully present the following bid
to the city and to the Trustees thereof in man
ner following:
The undersigned, their successors and assigns
| d. e., which is a corporation TO be formed by
them will erect, maintain and operate accord
| ing to the specifications herewith attached one
hundred and twenty-five or more arc lights for
| the period of two years from and after January
| l. 1880, provided time enough is allowed to
| place said plant in operation, which time shall
not exceed ninety days from and alter the ac-
| ceptance of his bid, for the sum OF fourteen
| dollars and ninety-fve cents (Sl4 so per month
| per light Respectfully,
| (Signed) C. F. Fargo, K. NJ Hamilton, Joseph
| D. Redding, L. l.. Baker FL. q. Smith.
Dated December q, 1889, San Flarcisco, Cal.
| g. That as this plaintiff is informed and be-
| lieves, it was the duty of said Board of City
| Trustees to accept, receive and act upon the
| said bid of the Capital Gas Company, and to
| award to the said Capital Gas Company con-
tract for lighting the streets of said City in ae
| cOrdaGce with said advertisement the speclh-
| cations provided and prepared by said Board of
City Trustees and alluded TO in said advertise
ment, and the said bid, the said bid of the Capt.
tai Gas Company, being the only bid and the
| lowest and best bid made III the premises, and
he AYERS that the said Capital Gas Company
| was then and there a thoroughly responsible
and reliable bidder, and was then and there
ready and willing to enter into contract, with
all necessary, proper or suitable covenants,
| clauses and agreements, and 10 give all securi-
ties which might by said city have been re-
CURED for the faithful performance of the service
therein referred 10 and for the lighting OF the
streets Of said city according to the said speclf-
cations, the said advertisement and the said bid.
| 7 And this plaintiff AYERS that the said Board
of CITY Trustees in utter disregard OF the rights
aud iuteres;s OF said city and of each and all of
the taxpayers thereof, including this plaintiff.
AMI in disregard OF tAe rights and equities OF
| the said Capital Gas Company, and in vlolation
OF their duty as Trustees Of SAID city and OF the
| trust in them reposed by the charter OF said
city, utterly ignored and would not and did not
consider, accept or act upon the said bid so
| made by the said Capital Gas Company.
s. And this plaintiff ayers that the said Board
of City Trustees, that is to say, majority there
| OF. il utter disregard oil thef duties, IN viola
ton OF their trust and against the interests Of
{ said city aud OF each and all the taxpayers
thereof, including this plaintiff ana owners q
, | property therein, colluded and conspired with
the aid defendants Fargo, Hamilton. heddirg.
Baker and smith to unlawfnlly, unfairly and
: unju tiy award and give unto the said last
named defendants az illegal and Unfair adj
yantsge sgainht the said city and the tax payers
thereof including this plaintiff and over and
against the said Capital Gzs Company, au0 the
) said Board of City Trustees, i'll turtheraDee of
| the said unlawful conspiracy and coIlusion with
their said co-deiendants, pretending and claim
ing that they, acting as such Bosrd, were Eery-
ing and acting in tGe interest OF said city and
it's tsx-payers and property owners by accepting
, the said proposal of the said defendants Fargo
and othes hereinbefOre mentioned, at a rate OF
, COM ensat.on less than that contained in the
bid of the Capital Gas Company. really and in
fact to-wit: on or about the S0th day Of Decenl-
/ Der. 1889, made or pretended to make, graut
> to the said defendants Fargo and others herein
: | before named, of extensive, unreasonable un-
1 lawful and valuable conces >ions OF nj" h
| crester value than the cost of lighting tee said
:. city wonid be under either the said proposition
a | OF said Fargo aud others or OF the bid of the
: Capital Gas Company Tor the full term OF the
two years proposed.
That, as this plaintiff isin:orraed and believes,
and he so charges the fact 20 b.. the taid de-
| PENDANTS the Board OF Trustees of the city OF
| Sacramento that is to say, majority OF
. said board and the said Fargo and others,
his ass cia'es, colluded and c0nspired together
: and entered into an agreement whereby the
said Board of City Trustees award to said &C.
PENDANTS, Fargo and others, his associates, the
: | contract for lighting the said city of Sacrs-
mento for the period oftwo years at n price APP
:, Dsreptly but not reSlly, lower than that offered
D | by the said Cspitsl Gas Company. and said bid
o was made for aud intended 10 be bride, in
g duciug the said Board of City Trustees to grant
"a to the said defendants Fargo and his associates
a franchise enabling them TO construct and
J. maintain IN the said city of Sacramento Their
Y sad electric light works without providing
proper precautions on behalf of said city for il:
protection and for the protection of its several
inhabitants including plaintiff herein. And IL
pursuance of said unlawful conspiracy the iislc
-. .r,1sl 4-ri