The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-10-16
LEGAL FIGHT
OVER LIGHTING
PRIVILEGES
1t Is Promised During
This Week.
COMPANIES LOCK HORNS
CITY CONTRACT FOR LIGHTING
TO BE CONTESTED.
Mutual Company Will Seek to En-
join the Gas and Electric Com
pany From Collecting
City Bills.
CITY CONTRACT FOR LIGHTING
TO BE CONTESTED.

There is a hot legal fight in prospect
between the San Francisco Gas and
Electric Company and its new rival, the
Mutual Electric Company. The latter
will try to prevent the payment to the
first named company of any money un-
der the recently executed street lighting
contract, claiming that the same is
void by reason of frauds in the award.
In case the Supervisors next Monday
pass over the Mayors veto a resolution
ordering the $4,000 September bills of
the San Francisco Gas and Electric Com.
pany to be paid, the opposing company
will sue for an injunction in court to
restrain Auditor Broderick from approx
ing the demand.
Such was the statement made to the
Auditor yesterday by w. +. Summer
hayes, vice president and general man
ager of the Mutual Electric Light Com
pany. He called at the Auditors office
in the afternoon and asked that the pay
ment of the $4,000 be held up, If ordered
by the Supervisors. until his company
could institute the necessary legal pro-
ceedings to have. the contract declared
valueless Mr.. SummerhayeS was in
formed that his request would be granted
for a period of ten days. In stating his
position in the matter the Auditor de-
clared that he was not the proper per-
son to say whether or not the $24, 900
should eventually be paid, the law pro-
viding that when a bill is allowed over the
gal warrant for the payment of the same.
Nevertheless, he was inclined to give the
Mutual Company chance to prove its
case, If it could, but would grant no sus-
pension of approval of the bills longer
than ten days, which would give ample
time for the filing of an injunction suit
Mr.. Broderick that the company was in
earnest, stating that it proposed to do
everything in Its power to have the new
lighting contract declared void and thus
secure another chance to enter the field
as a competitor. He declared that the
action of the Supervisors in preventing
for competing gas and electric .sys-
tenn transgressed the law by making
competitive bids impossible.
as follows: on next Monday the Super
visors will appropriate, over the Mayors
veto, the $4,000 for the September gas
bills. The demand on the Treasurer will
then be sent to Auditor Broderick. who
will hold it up.
On Tuesday the Injunction proceed
ings against the Auditor will be CON-
menced by the Mutual Company and then
the whole matter will be settled in court.
1t will be recalled that Mayor Phelan,
to the Supervisors, claimed that the
lighting contract was not only illegal but
Objectionable, inasmuch as it would make
the city pay $4,000 more for lighting than
If the competing company were awarded
the contract, while the citizens would
suffer to the extent of an added S10O, 900
vi pa DiilS hS N1dy OA
disputed Supervisor Rottanzis right to
cast the deciding vote In overthrowing
his first veto when 1t was sent to the
board
At the time when the veto was over
ruled there were flying charges in the air
that one Supervisor had received $40, 900
for his vote, but no investigation of the
reports were instituted by the board. 1t
is quite possible that this phase of the
matter will receive an airing in the courts
during the hearing of the petition for an
Injunction.