The San Francisco call., 1895-07-20
Suit to Impeach Them for Malfeasance in
Office Begun.

mentioned act. provided, and not other
wise, that 1t is the official duty of the said
Supervisors, and each of them, to cause to
be advertised in one or more daily news
papers OF the city or city and county where
sad franchise or privilege is to be exer-
clsed, among other things the fact that an
application for a franchise or privilege has
been made to said Board of Supervisors.
That on or about the 9th day of June,
1880, application was made to said board
by the San Francisco and San Mateo Rail-
way Company, by Behrend Joost, presi-
dent thereof, for a franchise to construct,
lay down, maintain and operate street
railroad, commencing at and connecting
with the tracks of the San Francisco and
San Mateo Railway Company and San
Jose avenue and Sunnyside avenue; thence
on and along said Sunnyside to the west
ern terminal thereon; and thence through
private property, with the owners con-
sent, to the junction of Ocean avenue and
Corbett avenue, or thereabouts, the same
being public streets of the municipality OF
the City and County of San Francisco,
State of California.
That said company has been applying to
the Supervisors of said city and county for
the last two years for a street-railroad
franchise over the aforementioned route,
and that said application at all the times
and since the 9th day of June, 1895, and
was on July s, 1885, before and pending be-
fore said Board of Supervisors.
That the said last-named eight mem bers
of the Board of Supervisors, and each of
them, did knowingly and willfully violate
his official duties in refusing to recognize
the said application of the San Francisco
and San Mateo Railway Company, or ad-
vertise the fact that the application for
said franchise had been made to the board
according to the law in such case made
and provided, so that the said franchise
...l.~ - ! - "A y e..
public benefit. But on the contrary the
said eight members, being majority and
controlling number thereof, and each of
them, did willfully and unlawfully con-
spire and join together against the public
interest for and in behalf of the Market
street Railway Company, and all and each
of them, to-wit:
Joseph King, First Ward;
Peter A. Scu1ly, Second Ward;
Charles E. Benjamin, Third Ward;
AIphonse Hirsch, Fourth Ward;
Edward @. Hughes, Sixth Ward;
Chris Bunker, Seventh Ward;
Alfred w. Morgenstern, Ninth Ward;
Edward L. Wagner, Twelfth Ward;
Did recognize a subsequent and later ap-
piication made by the Market-street Rail-
way Company for franchise for a street
railroad over the same streets in addition
to large number of other public streets in
said city and county, and each of them did
by his vote on the 8th day of July, 1895, in
open meeting of the said Board of Super
vlSors, vote for and cause to be advertised
the Market-street Railway Company's ap-
plication for a franchise. with conditions
and restrictions in its own favor, drafted
and framed by order of said Market-street
Railway Company with the object and in
tention of defeating the purpose of the
law, and preventing any competition or
bidding whatever against it for the said
franchise. expressly for and in the interest
and behalf of the said Market-street Rail
way Company and against the public well
fare and interest of the people and tax
payers of the City and County of San Fran
cisco, the said advertisement being known
and designated as resolution of the Board
of Supervisors of San Francisco No. 12,610,
third series, a copy of which is hereto at
tached and made part hereof.
Then follows the said advertisement in
form of resolution No. Il, ,610, as printed IN
the Daily Report, and entitled provision
for submission to public competition the
application of the Market-street Railway
Company, corporation, for street rail-
way franchise" and bearing date of July
8, 1895.
That by reason of the conditions and re-
strictions mentioned in the said advertised
OrQer, ana submitted Dy Sd1Q Market-Street
Railway Company by It's draft submitted
by said company with its application to
said Supervisors for their approval, one of
the conditions being ''to maintain and
operate for the expired terms of the re-
spectiye franchises heretofore granted for
its line of street railroad on Mission street."
and that any person or corporation in Sc
curing the same must purchase it subject
to being connected with the Market-street
Railway Company's car line, and the said
Market-street Railway Company, and the
further condition that the grant must be
"as extension or an adjunct to and in con-
nection with said line of railroad" to wit,
the Market-street Railway Company.
That the San Francisco and San Mateo
Railway Company and all persons, COM
panies and other corporations are, by reason
of said restrictions and conditions and other
matters contained in said printed submis-
sion to public competition for the said
street railway franchise, prevented from
bidding for the same in that they must
run theil cars as adjunct to and in con-
nection with the said line of the Market
street Railway Company, and instead of
encouraging competition, on the contrary
everything that can be devised or con-
celyed to make the. said franchise accept
able to any but the Market-street Railway
Company has been inserted in the said
proposed grant.
That the said resolution of intention of
July 8, 1895, instead of offering said street