Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-09

thereof such metal. wooden or earthen eonduits
/ or ii 9es through snd in which will be laid and
I run the wires and conductors required for the
! transmission OF electricity for the purposes
aforesaid
section This gran. is made upon the fol
: lowing express co -ditions: All masts and poles
| constructed, set and maintained by said grant
ees in this ordinance shall be OF Il. atty dressed
1 wood, painted. and Of sufficient hight that the
wires thereon shall i'll no manner Interfere with
I trade, travel or traffic also, upon condition
: that if the company sell out to the Capital Gas
! Company, the franchise shall revert back to the
| city; aud upon the further condition that the
| city of Sacramento shall have the first oipor-
tunity of purch sing the plant 10 be established
. under this franchise, ana shall have q reason
able time to do so, and one hundred and twenty
; days shall be deemed a reasonable time.
! SECTION 3. The rights, privileges and fran
| chise herein glanted shall continue and be in
| force foI the period of flny years,
I And this plaintiff AYERS that while it was the
duty of sad Board Of City Trustees to protect
the interests OF said city lis inhabitants and
taxpayers, including this plaintiff, by such gen.
eral regulations as would be just and pro3er for
| the assessment OF damages and indemnity for
| damages which might be doae by the coBstyuc-
| ticn and maintaining OF sud proposed works,
and TO Ietain and reserve power and authority
TO control the use ana application of electricity
! to any and all useful and proper purposes within
the limits OF said city, aud to protect the lives
and property of the inhabitants thereof, the
said Board OF city trustees. that Is to say, ma
jority thereof cOrrGptiv, collusiVely and unreal
| sonGbly and ia excess Of their mower. neglected
! and refused 70 and RETAINED from making any
| such reservations tut pretended and attempted
to grant to the said defendant Fargo and his as
| s0ciates and o far as lay in their power, did
grant to the said defendant Fargo and mis- asso-
| ciates, the extensive, valuable and arbitrary
franchise, rights and powers, without any lust,
reasonable, proper or necessary limitations or
restriet0rs IN the use or exercise thereof.
= g. And this plaintiff AYERS, upon informa-
.for and belief, that unless restrained bT this
Mp 10 N M nj ~,
tba;r ob cial capacities as Trustees OF said city,
and tbe defendants Fargo and his associates
barainbs,,, named, and the said central Flee
tric fight ~ npanY, CORPORATION. which has
racent{y- heoJ, rganized by the sad Fargo ard
nc aSSiotes ~ the purposes of AMI in pursr-
anee of said consp. rscy ana unlawful comoina-
ton, will proceed Y EN- EN- ant, anu therewlth and
will enter into WRITE contract on behalfof the
civ Of SacreI e,to as T. presented by the said
Poard IF Trustees unoo the one part and
the other individual de- endanlsI or sald
so organized a. " 0oln Poseu ny
them, Upon the other part for Il &c carrying out
of said unlawful contract and tn, said central
Electric Light Company and the sal T aISo ana
his associates Will proceed at once ana estab-
lish, construct and maintain in the city OF sac.
ramento large and ex eDsiye electric lignt
works for the supplying of light for the ST. eets
of said city and to the inhabitants of said city,
without any restrictions, care or consideration |
for the safety of life property, and will greatly
the same: and will from time TO time
in the future establish other and additional
works and contrivances by which electricity
will be furnished and sold for any and all such
purposes to which electricity may be applied,
or otherwise, without any restric-
lion, regulation or power reserved en- The part of
said city over the use thereof for the protection
Of property or the safety Of the inhabitants of
said city. And the said Board OF City Trustees |
viii from time TO time audit. allow and pay. and
The other defendants will claim and receive
from the City Treasury kUndry and divers large
sums OF money, without any just or legal right
Or authority so to do, to the great damage of the
said city, and its inhabitants and taxpayers, in
Guiding this plaintiI
Wherefore this plaintiff prays the Judgment
Of this honorable Court:
FiTst-Adjudging, decreeing and declaring
that the said contract, combination or agree
ment entered into or agreed 10 be entered into
by and between the said Board Of City Trustees
upon the one part and all or any of the defend
ants upon the other part is null and void.
Secondhand this Court, by its judgment and
decree, DO enJo1n and restrain the said defend |
ANS, and ell and each of them, in their several
respective capacities, from making or further
carrying out, acting upon, recognizing or en-
forcing the said pretended agreement hereinbe-
fore alleged to have been entered into by and |
between the said Board of City Trustees and
their co defendants.
Third-And this plaintiff prays for tenn
porary restraining order and injunction from
this honorable Court restraining the defend
ants, and earh and all OF them, from doing any
Of the acts above mentioned pending this suit, |
and that upon the final hearing of this case that
the said temporary restraining order be made
perpetual.
Fourth-And this plaintiff also prays for all
such further orders judgments. DEGREES and re-
lief as may be necessary to make etfectual the
object of this action and the relief asked for
herein, and for general relief and for costs.
DENsoN IL OATMAN,
LEONARD & HISKsoS.
Attorneys for plaintiff