The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-06
COUNCIL IS RESTRAINED.
EX-MAYoR WOOD CLAIMS CONSOLE
DATED FRANCHISE rs ILLEGAL.
Judge Moore Modifies ordcr-Councu
May Receive Bids--Cannot Act
"GIad TO Have validity of ordi-
nance Tested said Donworth.

Ex-Mayor Wood, a. w. HASTE and w.
f. Parker obtained an order from Judge
Moore yesterday morning. temporarily re-
straining the city council from further ac-
ton on what Is known as the consolidated
street railway franchise. As the order
was originally drawn up and signed, the
council could not receive bids for the
franchise. Late In the afternoon the or
der was modified so that bids might be re-
ceived by the council. but no action can be
taken on them. as well as the ordinance.
pending the outcome OF the court pro-
ceedngs.
The application for temporary re-
straining order. which the court is asked
60 subsequently transform INTO perma-
nent injunction, gives a purported history
OF the proceedings which have brought
tile franchise ordinance up to the point OF
third reading and actual passage by the
council.
il Is claimed that after the application
for the franchise was nled by jacob hbrth
and j. ID Isownan. the city council, WIN
out determining by resolution or DINER
wise that Il should hc granted, and with
out passing a resolution ana without
publishing or giving notice 10 the pAnhc
OF the application. ana without calling Tor
bids. as the charter is alleged 70 provide,
simply adopted en ordinance granting
thirty-HVo-Xcar franchise To J. ID. Low
man and Jacob Furth without any eonsld-
Grafton 10 be paid This ordinance, X ~
alleged has passed IA nrst and second
rrn9tng ana wouH have heen put on Anal
passage lnst evening AZ a meeting or tie
council &c q rcstrafninS order was mol
granted
The point IL raIsel that the thirty-flye-
wear franchise Govern tne present street
railway franchises. wllich have ten wears
to run. While the charter says that taey
cann0t ha extended Nntit three years
prior 20 their termination.
"A soon as papers were served en- the
city and Mr. foWman and AIR. Furth. the
attorneys tor the iattrr two gave notice
OF an application for notification OF ths
ORDER This part of the case came W be-
fore Judge Moore at $40 @ clock AttVf-
uc, DanWufth presented the matter. He
said. we ak the court 60 modify thc
orier AIS % the &HowinE OF bids. go mat
thr council may receive. Open ana read
the .t9s We 90 not ask that action MAY
be taken pendinw the determination OF
TINS case This ordinance has bcsa print
,,d The biN for adv ertisiaa amV8nts 10
s9a and this vii De- lost u the council 81
rrahi1Ucd. as IN the original order. from
"As understand this proceeding. sc Is
aitnpiy 60 prevent the adoption % an az
i.Goa Niegat ordinance We cain that
soc proceedings have followed the letter
OF ere i1w We are glad 60 have the
YuN4Ay 90 tht ordinance tested, CAD 90
have .ight thfown on W. II we 90 not
Show t. che court thar everything has
been aone tn a-co auce with law, then let
tne INJUNCTION issue
Attarnays : q Ronald AMI Jay (. Allen
who Representa- tar traneh.se oAposegs.
saA that thes has misunderstood the p0-
sFtion taken hr fnn otacr side ara lH
yieW ~ the tUtUrU FttFt7u ~ Judge Moore
that the hisls were 20 he stup,y resolved.
not acted upon, they withdrew OBJECTIONS
10 the modiIcatiou
THE hearing on the restraining order wis
come up Before 3ufrr Moore next Satur-
day.