The morning call., 1894-05-21
All Preparations in Readiness
for the Work.
MAYOR ELLERT TO THE RESCUE.
An Injunction Applied For and a
Restraining Order Issued by
Judge Slack.

! street Cable Com D2uy has been DESTROYS
! of constructing an electric system along
Kearny street, with the object Of doing
away with the hOrsecar system. but it was
| not anticipated that after the Market-street
| experience they would attempt TO take an
other similar snap judgment. But such
has apparently been its intention.
Yesterday the Mayor was informed that
a gang of men had commenced to excavate
on Third street, at Market, and another
gang at Powell street. toward Broadway,
the intention evidently being to 90 ahead
and have everything ready for erecting the
| poles and stringing the wires after mid
night.
As the Superior Court has decided tn at
| the Mayor cannot in his official capacity
| apply for an injunction, but it must be
done by one of the parties directly
interested. he got NJ. Hart, who runs
a mems furnishing store. corner of kearny
! and Pine streets, to apply for an iniunc-
ton last night before Judge Slack TO re-
! strain the railroad company from going
further in the matter. 10 test the respect
i've rights of the property-owners and rail-
road people.
The petition is to enjoin the Market
street Cable Company and John Doe,
Richard Roe and Samuel Roe, and reads
as follows:
l. That at and during all the time in the COM
plant mentioned since the month of October.
! 1898, the defendant, the Marketstreet Rail-
way Company, has been and still is a corpora
lion duly organized and incorporated
under and by virtue OF the laws of the
State of California and having lis offices
and principal place of business in
the city and county OF San Francisco.
That TIE real names OF the defendants sued
herein by the fictitious names of John Doe,
Richard Roe aud Samuel Roe are unknown to
the uanllff, and the plaintiff prays that when
the real names OF said defendants are discOv-
cred said real names may be inserted herein In
lien OF said fictitious names of john Doe
Richard Roe aud Samuel Roe.
2. mat the plantin Is ard has been for
many years last past In po- session as lessee
OF that certain lot situate in said city and
county OF San Francisco, commencing at the
northeast corner Of hearny ana Pine stree :,
running thence noTtherly along the easterly
line of hearny street. The plaintiff occupies
the building "a a gentlPmen'S furnishing store
Will ent ance from hearny street That said
heaIDy street, between the north line OF Mar
ket and the south line of Pacific, distance OF
ten blocks, is and for more Than forty wears
last past has been an open public street ana
highway In said city and county of San Fran
cisco lawfully dedicated TO public use.
3. That on Sunday, the 20Ih day of May
1894, the defendants above named, without
any lawful right or authority so TO do ana
without the permission and against the con-
sent of the municipal authorities OF the city
aud county of San Francisco aud in violation
OF plaintiffs rights and against his will aud
consent, with large force and body Of men
commenced To tear up and eXcaVate and dig into
The sidewalks and roadway of Third street AT
Market, and Immediately opposite to and con-
meeting With The sOuherlv end of Kearny street
and TO plant and erect therein large and nm
slightly aud dangerous iron poles of q height
ot about 80 feet and at distances of abou.
$50 feet apart for the purpose, as plain
TN Is informed ana believes, and upon
such information and belief, he alleges OF
constructing in said Kearny street, between
said Market street and aid Pacific street an
overhead electrical trolley system for the al.
legged purpose OF propelling certain streeIcars
belonging, as plaintih Is advised. Informed ana
believes, TO corporation known as the North
Beach and Mission Railway Company, and
sala 4eIenaants threaten aud give out
consent or permission of the municipal autbo5i.
ties OF the city and county of San Francisco or
oil thls PLAIN III, or OF the owner of said prop
erty, dlsturh. dig NJ and eXcavate the sidewalk
in front OF the property ana place of business
OF this paintih, and plant or erect in said exca.
vatIon said iron poles, and Will string upon said
poles In iron OF the plaintiffs said property
and plac- of business heavy electrical pIrdin1
supporting wires for the purpose OF conducting
heavy ana DANGEROUS currents of elect ricitv
through said wires
4. That as plaintiff is Informed and be-
lieVes and upon such Information aud belief he
alleges he is, as such lessee and during fhe tern
of bis said lease, the lawful owner of the side
walk fronting bis said premises TO the fun
width IN reof, and entitled TO the free use and
en1oymenI OF Ley every part thereof. and to have
ana possess The same uDObstucted In anv way
subject only to the easement or tight OF t6e
public 10 use The same as pedestrians.
D. That the digging up and eXcayatinr OF anv
portion Of the sidewalk In front OF the premis
OF the ga i'd plaintitf OF The planting or erecting
OF any pole or obstruction therein or the main
tanning thereof Will seriously obstrucI and i'm.
front Of this plaintiffs said premi
ses, Will prevent the free use of said
sidewalk for the loading on wagons
and unloading from wagons of the goods wares
and merchandise bought or sold by this piaintiff
IN the course OF his business, and which said
/ nfa
ana merchandise in a free and unobstrucTed
way Is necessary to the conduct of his said
business
6. That said kearny street. between said
Market and said Pacific, is of the width OF 75
ieet nd IN" roadway thereof is of the width of
90 ieeI that between said Market street and
Sald racine street the traffic Is the
heaviest OF any street in said city and
county OF San francisco of the same
width, and Is constantly Increasing; that there
exist and have existed for a number of wears
last past on said kearny street, between said
Market street and said Pacific street two sireet
railroad tracks, which we're laid down and con
slructed therein by the corporation known
as the North B ach and Mission Railroad
Company, and streetcars have been operated
npon said railroad tracks by said North
Beach and Mission ilToad COMPANY
| bv the use of horses as a motive power and NOT
otherwise. That by reason of the great traffic
10y vehicles In said roadway OF Kearny street
the same frequently becomes cOngesled and
blocked, and II becomes difficult for vehicles or
slreetcars propelled by horses To freely
use ino Sdlu RUNWAY. mat the
OF an electric railroad system upon said Kearpy
street operated by overhead tTOlly wires
would be dangerous to If and limb, would by
the noise and the flashes of electric lipnt Occa.
stoned by the operation of said electric system
ana the speed of The cars propelled thereby
alarm and brighten horses and endanger the lie
and limb OF ped rstriaus
Z. mat as plainiih is advised, Informed aud
believes, aDd upon such his information and
belief alleges, the Ovei head trolley system for
the elect &c propulsion of streeTcars requires A
very powerful current of elecricIiy, and that IL
Is not possible under any existing device TO
prevent the escape of a considerable portion
OF such currents with the earth. That the
escape OF any considerable portion of such
currents OF electricity into the earth endan-
gers all metallic connections between the
earth and the premises and buildings erected
thereon, such as water and gas pipes leading
from the street, gas and water mains to The
premises, and or adjoining properties, ana
thereby endangeFs the safety OF such con
said premises are gas aud water mains with
which The plaintiffs said premises are con
nected by smaller DIpeS, and that the cOnstruc-
ton uf such overhead trolley system I'm said
keaTny street would endanger the safety of
such connections In the destruction OF The same
the leakage of gas and wafer upon the said
plaintiffs premises and their destruction by
fire.
8. That the threatened construction OF said
overhead trolley system in front of said plain.
tih'> premises would materially inJuie the said
plaintiffs business. depreciate the value there
OF aud thereby infiict irreparable Injury upon
him.
8. That said unauthorized construction of
oafd oil