The herald., 1895-09-05
TIE Electric Railway Tangle
About Strengthened Out
THE REAL POINT AT ISSUE
The Overhead Construction the Bone
of Contention
Proceedings In the Injunction Suit Before
Judge Pierce-An Amlcabie,
Argument

Judge Pierce of San Diego, sitting for
Judge Mckinley in department one of
the superior court. yesterday decided the
electric railroad injunction case-that is,
he made an order and put the matter in
fair way of definite settlement this
morning at 10 O'Clock. About o'clock
Judge Pierce, who had been studying
the case In cham bers during the day, sent
for the attorneys, stating that he was
ready to give his opinion. Judges J. D.
Bicknell and W. H. Wilde quickly re-
sponded. and his honor, taxing the
bench, proceeded to review the case. The
supreme court, Judge Pierce said, has
decided that it is the duty of the lessee
to keep his property in such condition
that it can be turned over to the owner
on the expiration OF the lease and this
was what Judge Bickel had been doing
in bringing the Injunction proceedings.
On the other hand there was no doubt
that the defendant corporation. the
Traction com pany, had right to occupy
the track, but not until the payment of
one-half the cost of construction. Plain
tiff has rights of com pensation which
must be satisfied, and this could not be
fully determined until all the parties in
interest were brought into court, when
fair division could be made. This it was
the duty of the court TO have done. A
tender OF the amount claimed had been
made. 1T is true, but to only one person,
the lessee, who could not act in the mat
ter, and it would be necessary to correct
this error. The Judge said that he had
drafted an order which he thought would
pave the way for speedy settlement. 1t
was III effect that the defendant corpora
ton should pay into court one-half OF
the amount claimed for the cost of con.
struction. some $2200 and that the own
ers of the road should be made parties
to the suit, which would put the matter
in such shape that all the points at issue
could be speedily and satisfactorily set
tied, the restraining order to remain in
force in the meantime.
Judge Wilde. representing the Traction
com pany, agreed in the main with Judge
Plerce's order, but thought as the right
OF the com pany to occupy the track on
the payment of one-half the oost of con-
struction was conceded, on the said pay
ment being made into court the restrain
ing order should be vacated and the in
junction refused.
Judge Bicknel said that he could not
agree in this view; that while the ques-
tlon oil compensation was of course to be
the matter OF the overhead construction
of wires for the joint operation of the two
roads over a single track. 1t was better
to have the whole matter transacted in
regular legal form. and save future an
novance. He said that he did not know
positively whether the deed had been
passed or not, and therefore, the owner
ship of the road was a matter of doubt SO
far as the record was concerned. He SAID
however, that he would at once wire San
Francisco, and thought that he could Sc
cure authority to represent all the parties
by this morning, whom a decision could
be reached.
Judge Wilde vigorously protested
against any moro delay than was abso-
lutely necessary. His company had
acted in good faith, and was prepared to
do anything in reason to expedite mat
ters. His right to enter on the track be-
ing conceded, he thought the injunction
should be refused. and they be allowed
to proceed.
Considerable argument ensued. in which
Judge Pierce took part, and before it
was concluded, it began to look as if there
were no points of difference to be adjudi-
Gated, and positively brotherly feeling
developed between the attorneys, each
protesting that he did not wish to throw
any obstacle in the way of an amicable
agreement. Judge Pierce laughingly re-
marked that they were getting along
finely. and after short lecture on cleo
tricity by Judge Bicknell. in which he
explained the overhead construction pre-
ferred by his company, to which Judge
Wilde willingly assented, even going so
far as to say that his company would put
in such system of the most improved
character without cost to the plaintiff
corporation. Judge Pierce summed up
as follows:
Judge Bicknell was at once to telegraph
to San Francisco and ascertain the names
OF the owners of the Consolidated Electric
railroad, and if possible secure authority
to represent them in all matters. Judge |
Wilde was to appear in court this morn
ing and make q tender of the amount
claimed by the Consolidated people. If
this tender was refused, the money was
to be paid into court. whereupon the re-
stralning order was to be vacated and the
injunction denied. the details of making
the connections with the wires and other
like subjects, to be arranged and carried
out under the direction of the court. who,
if necessary, would appoint commits
sioner, who should be an expert electric
ian, to supervise the work. On this un
derstanding. an Adjournment was taken
to this morning at 10 o'clock.