The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-07-14

City Of Tacoma still Ahend I'm the
Ffght With The CORPORATION.

Tacoma, July fs-Speciai-By Judge
Stallcup's ruling today the clty's tempo
rary advantage gained by Mayor Fawcest's
early morning raid on the light wires Of
the Commercial Company is left unais-
tarbed. The proceedings were on the mo-
ton OF Judge T. /. Stiles, OF counsel for
the company, 10 set aside the restraining
order Issued late Saturday afternoon. by
which the company was prevented from
taking advantage of Judge Pritchard's or
der allowing IL 10 replace the wires cut
down from the cify's poles by Mayor Faw-
cett. Judge Staiieup refuses 10 set aside
his order, so that the company is unable
20 repair the havoc Erought on its lines.
while the city is huslly engaged In getting
as many OF the company's customers as
possible.
Tomorrow the court will hear the case
on It's merits 10 decide whether an injunc-
ton shall be granted the city preventing
the company from again using its poles.
The hearing this morning In Judge STALL
cups court was attended by large crowd
OF interested people. For the company
Judge Stiles moved that the restraining
order issued late Saturday afternoon be
vacated. He urged that Judge stallcup's
order and that OF Judge Pritcslar3 related
10 the same case and were directly con-
fiictlng. as the order signed nv Judge
Pritchard had given the company the priv
iiege of replacing It's wires on the clty's
poles and resuming the business OF resi-
dsnce lighting. Judge Stiles contendei
that the courts order coming later than
that signed by Judge Pritchari should give
way as the first order had precedence He
went into the merits OF the controversy
at length. srraignIng the mayor and city
authorities for their hIgh-handet proceed
ing OF Saturday morning, when the wires
or the company were cut and stripped
from the poles.
In support Of his motion Judge stiles
read an affidavit signed by Manager ClIas
b, Hurley, OF the Commercial Company.
In which the whole controversy with the
city was dealt with The company claims
the right 70 use the city's poles through a
contract entered into with the Tacoma
Light and Water Company In 1891. To this
contract the city succeeded when II be-
came possessed Of the plants Manager
Hurley alleged that Mayor Fawcett's ac-
tion was I'm defiance OF the law and was in
furtheTarce Of the intention OF the city to
drive the company out OF the lighting bust
ness. II was alleged that the company's
wires were rpthIessly cut and hacked tsll
they we're almost ruined.
ON behalf OF the municipality, City At
tcrney fldson argued that there were two
c>ses before the court. one brought by the
company against the city and the other
brought by the city against the company.
In the latter the city was aiming 70 pre-
vent the company from unlawfully appro-
priatlrg the city's poles for the purpose OF
carrying on an electric light business. TO
this the city objected, claiming that II the
company's wires were again placed on the
poles great danger 20 human life would re-
sun. and the city wonld he greatly dam
aged IN the prosecution OF its business.
The city attorney denied that there was
conspiracy 20 destroy the company's bust-
ness. and said Il would not be molested as
long as It refrained from using the city's
poles. provided Il had a franchise.
The court ruled that the orders we're not
conflicting. there being two cases and the
motion 20 vacats was overruied
After taking an exception 20 the decision.
Judge stiles wanted 70 proceed with tho
hearing of the case on its merits. but 20
this Mr. Iuason Objected, and Il Was con-
tinuea tir tomorrow
As Judge pritchar8 left the city last
night the suit brought by the company
and the accompanying restraining order
were not heard today. but vii come up be-
fore Judge Stailcup tomorrow.
Mayor Faweett does not disguise his
pleasure az the conpany's discontinue
lie Is making a personal canvass OF its
consumers who have been deprived Of
flght. and ss far as possible he secures
Fhe5r patronage for the city. Commits
sloner Doherfv said today that applics-
tions for light Mere pouring In fast on fhe
light department, and were being freeas
rapidly as possible. Whethsr the MAYOR
consplred To destroy the cou1pany's hust-
ness or nns. as Manager Hurley charges.
II IS certain he is not losing any business
through sympa Try Tor fts predlcauent