The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-21
City Council May Pass the Ordi-
nance When It So Wishes.
VALIDITY is NOT DECIDED.
Jacob Furth and j. ID. Lowman Arc
Enjoincd From Proceeding Under
the Ordinance Pending a Final
Hearing of the Case-Court May
to Preserve Defendants' Rights.

The city council may now pass the cele-
brated thirty-five-year street railway fran
chise ordinance any time It thinks adv'sa-
Bile, but Jacob Furth and J. ID. Lowman
arc enjofned from doing anything with the
franchise. except to file their acceptance,
being restrained from operating or as
signing under IL or making any use or
it whatsoever pending final determina-
ton OF the case. Judge Moore OF the
equity department OF the superior court,
has not determined what he viii put in
the temporary injunction order in respect
to the Ming by Mr.. Furth and Mr.. Low
man with the city OF an acceptance of the
franchise.
Attorneys Donworth and Howe. repre-
senting Mr.. Furth and Mr.. Lowman, are
anxious that the judge permit their eli
ents to file an acceptance of the franchise,
II they are the successful bidders, on the
theory that it will preserve their rights
as related to the charter provision requir-
ing formal acceptance to be made within
a specified period. They fear that If this
is not done, even though the case was
finally determined in their favor, compll-
cations would arise and large additional
expense in the way of advertising would
be entailed. They argue that such a pro-
vision would not affect the plaintiffs
rights in any way.
This decision does not pass upon the
validity of the ordinance, or settle the
mooted questions of whether the ordinance
contemplates an extension OF existing
franchises, or conforms to the provisions
OF the charter.
Previous to announcing his ruling, Judge
Moore remarked upon the approaching
city election, and said that he did not
purpose to have his court used to tie up
important matters. I'm saying this" con-
tinued the judge, II do not want TO be
understood as casting reflections on the
nlQinftffe n m Inc In be lfuh
degree lack of good faith on their part in
these proceedings. II Mr.. Furth and Mr..
Lowman are entitled to this franchise l
desire them to get It, and If they are not
legally entitled to II, ! do not want them
to get II. IL this court has any power 1t
Will certainly preserve to them their le-
gal rights"
This last clause was made in reference
to the possibility that the temporary in
junction might place the defendants in
bad position 10 act upon the granting OF
the franchise by the city council.
AlI-Day Session.
This celebrated case came up before
Judge Moore Yesterday morning upon the
application for a temporary injunction TO
prevent the city council from passing tho
franchise ordinance. and to prevent Mr.
Furth and Mr.. Lowman from accepting
IL. Previous TO this the court had pa ssed
upon demurrer to the complaint hold
ing that the complaint stated a cause OF
action. Yesterdays proceedings lasted nm
III o:io o'clock in the evening. During the
nearing arguments made by Attorneys
Battle and Allen for the opponents OF the
franchise and by Attorneys Donworth and
Howe on behalf CO the defendants, which
include the city, the city council, Mr..
Furth and Mr.. Lowman.
Inc nrst clash was In respect 20 taking
oral testimony. on this question Judge
Moore allowed the opponents of the fran
J Inn"h 70 p oaii witnesses. They then placed
ana Mr. Lowman also made affidayits
covering the steps taken in regard To the
franchise and matters related TO the
street railways. Mr.. Furth said that fhe
SSes'le Electric Company already owned
the Union Trunk lire and the Madison
street cable. He and his associates ma a
controlling interest in the Seattle Trsc
tlon company, the Third street ana ann
urban me, and the West street and Nortb
fnd me. They desired 10 get the r'Irst
settled. II would be Impossible Ia 4urr
the roads, IN which they held a r1aioritv
OF tne STOCK, over to the Electric Comnany
uhth iuli control was obta>ned
As 70 existing car tracks. he said II was
t.I's ,n, 20 use them as far opiy as might
plet!ng the title. ~ '
AHdaNits were introduced by the defend
anus from city Comptroller Parry ana
councilman James TO show that the mod,
OF procedure In respect to the Ordinance
such matters ~
city Engineer Thomson made affidavit,
that after carefully examining the ordi
nance ne vas satisfied II was entirsI,
pfactcAbie tcr any person to hid for "a
fS s.'s v. ~ tournaments without aequir-
Inc other side introduced afi!davIts fro-,
councilmen TO the effect that INC ro,,r.t,