The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-07-15
WAR ON THE LIGHT COMPANY.
The City OF Tacoma Proposes to Exter-
inmate Its Rival.

Tacoma, July H.-Special.--The fight be-
tween the city and the Commercial Light
and Power Company. which began over
little ineandescent lighting patronage. -
now much more serious affair. IL is
war of determination that the municipal
ity, through Mayor Faweett and city At
torney Juison. is waging against It's rival
in the light business. This was fully de-
veloped today in the hearing before Judge
Stallcup on the city's applica ton for
temporary injunction restraining the COM
pany not only from again stretching its
wires on rhe city's poles. from which they
were rudely torn by Mayor Fawcett and
the city's men. but also from again stretch
ing wires or erecting poles anywhere In
the city. -
Supporting this demand that the COM
pauy shall he prevented from again enter
ing fhe field Is the citys statement that
the company lis without a franchise and
has no power TO do business. IL was as
serted in the citys complaint that orii-
nance No. BIS. hy which the company was
given a franchise, WAS repealed NY the
council In 1894. Therefore. the city asserts.
the company is without right to maintain
an electric light business.
But this is not all. as City Attorney JUDI
son has a second line of defense, In ordi-
nance No. BIS there ~ a clause which pro-
vides that when syer the councii shall elect,
the company must place dts wires under
ground. Mr.. Judson today gave the COM
pany notice that If the court held that
ordinance No. 3Is had not been repealed,
and with IL the franchise. the city would
Immediately proceed to compel the COM
pany TO place IT'S wires beneath the ground.
He said an ordinance ordering this TO he
done had been drawn mp and would be In
trodured into the council tomorrow. II X
should pass thfs would be another serious
blow 10 the company, as in times like tire
present not many light companies are pre-
pared 70 dig trenches and place their wires
under ground ~ n moments notice.
The battle waged today between the at
torneys representing the city and. the
Commercial Company was a long and
bitter one. Ex-Juage Stiles. fer the COM
pany read its answer TO the eity's COM
plaint setting form the existence of is
contract with the city. handed down from
the Tacoma Light a Water Company. The
answer denied that the council bad, IN
passing repeal ordinance. Withdrawn
the franchise and termed its attempted
forfeiture void and Illegal. An affidavit
signed by Foreman Johnson, OF the COM
many, was read. stating that the wires
had been placed on the eity's poles in sa fe
and workmanlIke manner Other atfi-
davits were read. tending TO show that
no danger TO human life would result II
the wires were again placed on the poles
Alongside those OF the city.
After the city attorney had read an afii-
davit by Electrician Bachelet denying the
statements made by Foreman Johnson.
and copy OF the notice to vacate served
by Mayor Orr on the company In 1894.
the argument was begun Judge Stiles
opened with a review Of the case and a
strong Pronunciation Of what he termed
rho unlawful and destructive conspiracy
into which the city had entered TO destroy
the business OF the company.
Mr.. Judson's reply was Characteristic.
TIa gave the officers ~ the Commercial
Company a severe scorchng and attacked
the truth nf their answer IN many ways.
ne claimed that the company vas st-
tempting 70 appropriate the eitv's poles
for its prirafe business NBch 81 his ar
rsfmert was devoted 10 m arraignment
% rhe company and its officers.
Many authorities were cited bearing on
the rlRh, OF the city 70 declare the for
feftsfra Of a franchise a. The conclusion
OF the arguments Judge stalleup an
nounced that he would render dseiri0n
tomorrow moraing. Tire court in'imsied
mat n hs eoui8 not do az tne company
asked dissolve the Yessraining order and
permit e. 10 again pat % ifs wires. be
would give the case a hearing on ifs
merits a. soon a. pos ne when this Is
had. the right Of The company Rifl BE- de-
ferrngnsS. as well a~ the efesf OF the re-
peal Of the franchise ordinance by the
council 10 1896
In the srxumsnt 6; came og' that sew
entv-fv@ private residences. three hotels
ard the crescent creamery building A.
he wharf. al patrons of me company.
haH been cur OF when the ~ires were torn
down-