The San Francisco call., 1895-11-03
The Sutter.Street Railroad Wants
$4,000 From Ex-Mayor
Ellert.
RAKING OVER DEAD ASHES.
A Big Suit for Damages Growing Out
of the Old Bush Street
Franchise.

The phantom car which at long inter-
walls ran over the two streaks of rust which
disfgure Bush street is to be dragged into
court again. 1t comes this time with its
owners, however, and serves as a cause Of
complaint against ex-Mayor Ellert in a
suit for $25, 600 damages.
The suit is brought by the Sutter-street
Railroad and is measure of retaliation
for the tearing up of the tracks. 1t was on
November II, 1893, when Mr.. Ellert sailed
forth with Mr.. Ackerson, the Superin-
tendent of Streets, and all the men who
could handle a crowbar or draw rail spikes,
and proceeded to pull the rails from the
western end of Bush street, from Central
avenue in toward the city.
The Bush-street franchise had been in
litigation for a number of years and every
body had grown tired of protesting, so
when the Mayor issued a quiet call for
men there was a ready response. The men
worked with will and before noon OF the
day on which they started there were two
blocks OF the track in ruins and the rails
were nearly all carted down to the COR
poration yard. By that time the Suffer-
street officials had been informed of the
havoc which was being wrought on the
outer end of its cherished possession on
Bush street and pretty soon the phantom
car appeared coming over the hill at a
brisk trot-something unheard Of in the
history of the road.
The car went as far as Webster street,
for by that time the men had torn up the
| track to that point, and there it stayed. 1t
would have been no trouble to unhitch the
| horses and attach them to the other end
and so get the car back to the City, but it
was clearly demonstrated to the directors
OF the Sutter-street road that such thing
was absolutely impossible from a legal
| standpoint, and so the cars and horses re-
mained at the end of the line. Then an
| injunction was secured from the courts,
and the men shouldered their tools aud
left the rails, which were merely a fran
| chise and not a railroad, in the hands Of
| the courts.
1t was this piece OF street cleaning that
brought the matter of the Bush-street fran
chise before the courts as a direct issue,
and which has now caused suit for
damages to be filed against Mr. Eilert.
The complaint alleges that on Novem-
Der IL, 1893, the defendant willfully tore up
and carted away all that portion of the
defendants tracks situated on Bush street
! between Webster and Central avenue, and
thereby rendered the remaining part OF
the franchise on Bush street, and that part
which was left on Central avenue, OF no
value to the plaintiff.
The franchise had previously been OF
no value to the public, for there was but q
single track, but one car, and that made
but one trip day; it can easily be seen
that tue tearing up of the outer end of the
road left the franchise of no value to any
one at all. The allegation is also made
that the horses were kept standing at the
end of the line for two days and the car
also, and that the rails have been carted
. 1 q nd haua iad 70 M. y
own use, but whether as fence posts or as
floor beams the complaint neglects to
state. 1t asks, however, for 900 dam
ages.