The San Francisco call., 1895-07-21
CONSPIRACY ALLEGED AMONG SUPERVISORS.

papers will be served upon them to.
morrow.
The complainant is an attorney, K. NJ
Smith. Mr.. Smith is man of middle age
and is said to have had considerable expe-
rience, although he does not seem to be
very widely known. He was candidate
on the Populist ticket in the last cam
paign for Justice of the Peace.
The complaint, as filed, shows signs OF
evident haste in its preparations and some
careIessness. These cause it to say several
things that, as a complaint intended to
stick, it does not intend to say. For In
stance this:
That by reason OF the conditions and restric-
tons mentioned in the said advertised order,
and submitted by said Market-street Railway
Company by its draft submitted by said com
pany with its application to said Supervisors
for their approval, one of the conditions being
"to maintain and operate for the eTpired terms
OF the respective franchises heretofore granted
for its line of street railroad on Mission street.
The language should be, Maintain and
operate for the unexpired terms" etc.
Again it says:
That the San Francisco and San Mateo Rail
way Company and all persons, companies and
other corporations are, by reason of said re-
strietions and conditions and other matters
contained in said printed submission to public
competition for the said street railway fran
ehise, prevented from bidding for the same in
that they must run their cars as adjunct to and
in connection with the said line of the Market
street Railway Company, and instead of en-.
couraging competition, on the contrary every
thing that can be devised or conceived to make
IA I'D franchise b1a RI n hn fh q
Murket-street Railway Company has been in.
serted in the said proposed grant
This is saying exactly the opposite thing
to what is evidently intended to be said
1t should read thus: Everything that
can be devised or conceived to make the
said franchise unacceptable to any but the
Market-street Railway Company has been
inserted etc.
Now, Mr.. Smith will have opposed tc
him in the legal battle he has precipitated
the entire law department. of the Southern
Pacific Railway Company, together with
the far-reaching influence of that great
corporation. If he means to win he will
have to bring into play his best resources
will have to be vigilant and be certain te
both mean what he says and say what he
means.
He will not be left to make this fight
alone, however. What he has done is tc
simply bring about the issue. He has
done what was in the minds of very many
people TO do, and MS doing it is the result
of an impulse of the public in the face ot
outrages and trust betrayals that have
been laid bare to them when they had 6
right to expect integrity and honor.
The bringing OF such suit has been un
der discussion for two weeks by citizen,
and associations of citizens, the question
being only one of method and time. That
it would be brought Immediately upon
that question being settled was long age
determined. Mr.. Smith settled it to his
own satisfaction and brought the suit.
He will now be invited to accept the as
sistance of strong men, and the question oi
whether a majority of the Board of Super.
visors can openly defy the law and yet es-
cape its penalties will be put to the test