The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-15

Tacoma, Nov. A-special-Ths spec
%Aeuiar midnight raid upon the electric
light wires Of the Commercial Electric
Light 4 Power Company conducted last
summer By Acting Mayor Angelo Vance
Fawcs<t. was recalled By the de-
cision Of Judge Pritchard. In the suit
brought against tbs city BY the company.
which was rendered today. In the courts
opinion. Mayor Fawcett and his army OF
electricians were nothing more than mid
night marzuders and rioters against whom
criminal proceedings might properly b
brought.
The language and effect Of the decision
caused . sensation In o0actAl circles. On
receipt Of the intelligence that the court
had decided against the city. the city
council this afternoon passed . resolution
directing Mayor orr to notify the COM
pany to remove its wires from the city's
poles within sixty dayA The resolution
reads - follows:
"Whsreas. II appears IN the opinion
rendered By Judge PrttchArd In the case
OF the Commercial Light 4 Power Com
to terminals . certain contract made be-
tween the Commercial Company and the
Tacoma Light and Water Company, re-
garding the use Of the poles now ON ned by
authorize notice to be served upon the
Commercial Company Of the intention on
the part OF tia city 70 terminate said con-
tract:
Now. therefore. without recognising tho
existence or binding force OF said con-
tract. which IL hereby declared terminated.
+ s Sc Sy I the city council of the city
Of Tacoma. That the mayor is hereby au-
thorixsd, empowered and requested with
all sIeed possible to sign. send and deliver
to the said Commercial Company such no.
4 tar-
inmate the said contract. II It exists and
requiring the said Commercial Company
TO remove its wires and all things pertain
earliest possible moment"
The resolution also directed the board Of
public works to remove the city's wires
from the poles OF the Commercial company
with all dispatch possible. It was adopted
by q unanimous vote.
Evidently the war between the city and
Its competitor in the electric lighting bust
ness IL to continue. Ever since the city
came into possession OF the plant Of tho
Tacoma Light and Water Company. there
has heer moro or less friction hesween the
municipality and the Commercial Electric
Light and Power Company. which pos
eessed . franchise for lighting and furnish
Ing electric power. When the city at
tempted to cut rates it was met with an
Injunction. secured by the company. Fin
ally. Acting Mayor Fawcett startled the
community one summer morning by shsh-
ing the wires OF the Company right ana
left wherever they occupied the cross
arms on the city's poles. II an
pears that the city had inherft-
Cd an agreement from the light
and water company whereby the
commercial Company was allowed 70 use
its poles. The agreement was to be broken
ny either party only upon serving sixty
days notice. The Commercial Come nv
thereafter secured an injunction against
Eawceft and the city upon showing that
THIS clause IN the agreement had not been
compiled with.
The Commercial Company owns : xas
plant. which wiz enable IT to cut the rates
Tor residence and business lighting. The
city has given notice to the company that
II must get on the city's poles Thus the
controversy stands. The dogs of war have
been let slip. and 1t win be a pretty fight.
TIE court thus described Mayor Faw-
cetts action In the premises.
The arbitrary removal by Mayor Faw-
wrong, and one that might be redressed
under criminal Jurisdiction of tina courf.
2 remedy might be sought to punish
Tor crime. or an action might he insfi.
tuted to tupeach the mayor for condurt
unoecoming an officer occupying the AZ
allied position he did.
In actions OF such character the fact
that such parties proceeded In the man
ner they did. viz, that OF the midnirht
marauder. instead OF in the ordinary
mode adopted by business men to assert
their rights. might make a great deal OF
dinerence as bearing upon the Question
OF malice and evil design.
AS stated by the supreme court OF
Pennsylvania In the appeal OF the Easton
Railway Company. they We're merely
trespassers and rioters and liable ciyiliy
ana criminally as SUCH We are emphatic
upon this point because we do not wish
to be misunderstood. There is a growing
disposition In this commonwealth. es-
Peciaiiy upon the part of corpora
ions private as well as municipal. to
take the law into their own hands and
settle controversies by force instead OF
appealing TO the courts 10 redress their
Wrongs ana enforce their rights in IN