The herald., 1898-10-14
SUIT FOR INJUNCTION
TERMINAL ELECTRIC FRAN
CHIsE IN CONTROVERSY
the ATTY GEN. INTERvENES
Temporary Injunction Granted-Ar-
gument Set for October gath.
Property Owners Protest

Suit for an injunction was instituted yes
terday In the superior court on the part OF
the people of California, by w. +. fltz-
gerald, attorney general, against the Los
Angeles Terminal Railroad company
CORPORATION, and George B. Leighton, Tor
the purpose of preventing defendants from
making use of franchise lately granted
by the board of trustees of Pasadena Tor
the use of streets in that city Tor an elec-
tric railway. An order on the complaint
was made by Judge Shaw of Department
five, commanding the appearance of the
defendants on Monday, October oath, at 10
a. M. to show cause why an injunction
should not issue restraining them from the
use of the franchise, a temporary in1unc-
ton being granted meantime pending Tor
NAL hearing of the case.
The complaint sets forth that defendant
Leighton is the president of the Termina al
company and that plaintiff is a resident of
Pasadena. in which he has certain real
property, the value of which is affected by
the franchise. Allegation Is made that the
lawmakers of Pasadena, intending to grant
to the Terminal company, without full ond
adequate compensation, franchise over
and through the public streets of said city,
for the maintenance and operation of an
electric street railway, wrongfully pre-
pared framed and worded the ordinance
designed to grant said franchise, so as to
prevent all persons other than said railway
company from obtaining said franchise,
and to prevent competitive bidding at the
sale of the same. and to deprive the city OF
Pasadena of said franchise and of the
value thereof
In pursuit of such intention. 1t is alleged
that the board on July 5, 1898, approved
resolution adopting and approving the form
of ordinance and franchise and resolution
by which the franchise was offered for sale
on August 18th; that on that day the city,
through its board of trustees, attempted
to sell said franchise to Defendant Leigh
ton, the only bidder therefor. for 5 per cent
of the gross earnings of the electric rail-
road to be constructed pursuant to the
same, which amount was bid therefor by
said defendant. That on September goth
the sale was ratified by the board and with
in the time prescribed by the ordinance of
ratification Leighton filed a written accept
ance of the ordinance and franchise with
the city clerk of Pasadena.
That by the terms of said ordinance reso-
luton and notice of sale. 1t was impossible
for any person or persons. corporation or
corporations, other than the Terminal Rail
way company or some one In its behalf. to
bid for said purchase, use and enjoy said
franchise: and that by reason thereof the
object of the law in requiring said city to
obtain the highest price for said franchise
was thwarted and defeated and the city
and taxpayers thereof. including the COM
plainant, Chas H. Frost were irreparably
injured and their taxation for municipal
purposes will be greatly increased.
It Is further alleged that If the franchise
were offered for sale to the highest bidder.
separate. apart and disconnected from the
railroad of the Los Angeles Terminal Rail-
way company. 1t would have made the
same open to competitive bidding at the
sale and have enabled the city to realize
its true value. That defendants claim and
assert that the franchise was legally sold
&c and accepted by them, and that they In
tend. pursuant to said franchise, to con-
struct and operate an electric railway over
the route therein described. unless re-
strained by law to the injury of the city,
taxpayers and complainant. Wherefore
Judgment Is asked that all proceedings be
declared null and void ard for costs of suit
Bicknell. Gibson & Trask are associa ted
with the attorney general as attorneys for
r1aintiff