The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-29

vent the Mayor from interfering in the
work.
The papers In anticipation of an Interrupt
ton had all been carefully prepared. At
toruey Wood sent hrs clerk out to find a
Judge. Presiding Judge CARRIER was
found early in the morning, but when a
statement of the case was made to him he
peremptorily refused to issue AL lnjune-
ton. Other Judges were visited, among
them being Judge Hunt. but with the
same result, so the company had to go
without an injunction.
In investigating this phase of The ques-
ton Mayor Ebert stated yesterday that he
learned that the two deputies of the
County Clerks office were on hand in a
neighboring resort all night. waiting to
| receive any papers that the attorneys of
the Omnibus road would want filed, in or
der to make them instantly operative. If
the company had obtained an injunction
against the Mayor and the city it would
have b,-an necessary to file the papers with
the County Clerk before they could be-
| come effective.
Mayor Ebert stated that he would in
vestigate this subject to-day and see by
what right sworn officials of the Govern
violation of the city's laws.
Mayor Ebert and Superintendent Ae-
kerson stayed by to see their orders exc
cuted. Que by one the poles were re-
moved and carried away to the Corpora
tion Yard.
Thousands of citizens watched the work
during he morning. Many congratulated
the Mayor On his energetic conduct in
saving Market street from being dis
figured and ruined ny trolley electric
wires. so dangerous and unsightlv.
By o'clock in the afternoon all the
poles were removed During the morning
Attorney Wood, representing the Omni-
bus Company, begged hard to let one or
two poles remain.
mo, not one !" replied the Mayor.
"They must all come down, and I Will
remain until they are taken down"
ssThe attorney told the Mayor the CON-
pany was acting under the Pesca fran
chise, granted in 1889, which gave it the
privilege of using electric power to propel
cars.
The Mayor said he believed that the
company did not possess the right 10 do as
they did under the franchise. He said he
stopped the work and prevented the ac-
compliShment of a wrong on the broad
proposition that the manner and time in
which the best commercial street in the
city. the main artery of trade and travel,
was being mutilated showed that the
mutiators did Tot possess any legal right,
but were simply taking snap Judgment. and
also on the further ground that they had
obtained no permit from the Superintend-
ent of Streets, as is required by law. The
corporation was laying the poles in many
cases on the sidewalk and not in the street,
and it required a permit from the Superin-
tendent of Streets to do this.
After the poles had all been removed
and the holes filed up Mayor Ebert went
to his Office at the new City Hall and had
Assistant Clerk Harry Ferguson of the
Board of Supervisors look up all the laws
on the subject. After an Investigation
and from what the attorneys of the Omni-
bus Company told the Mayor it appears
that the company claimed the right to act
as they did on very strained techncaity.
The legal history of the rights claimed
under the different franchises may be seen
FROM the folio wing account.