The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-10-16
TWO RAILROADS
OUT OF COURT
Injunction Against Ticket
Brokers Partially Dis
solved by Judge Murasky
MUST FILE ARTICLES
Rock Island and Burling-
ton Companies Have Vio-
lated California Statute

BY ruling of Judge Musrasky yes
terday morning in the ticket brokers
case, two big railroad corporations are
debarred from maintaining legal or
equity actions in the courts of Califor-
MIA until they comply with the law
requiring them to file copies of their
articles Of incorporation with the Sec
rotary of State. The Burlington and
Rock Island systems are affected by
the decision and ticket scalpers will be
permitted to deal in tickets over their
lines.
The Southern Pacific and the other
connecting lines named as co-plaintiffs
in the suit against Ottinger and others
might have been involved in the rul-
ing had the Judge not held that evil
dence had not been produced show
ing their failure to comply with the
law. The evidence against the two
roads named was in the form Of an
affidavit of ]. Hoesch of the Secretary
! Of States office, who stated that their
articles were not on file.
The roads joining the Southern Pa
cific in the action against the brokers
were the oregon Railroad and Naviga-
ton Company, the oregon Short Line,
. the Union Pacific, the Chicago, Bur-
4 lrgton and Quincy, the Chicago, Rock
Island and Pacific and the Northern
Pacific. On August Is they secured an
injunction prohibiting the brokers
from dealing in the Knights Templar
and Odd Fellows excursion tickets.
Samuel Shortridge, attorney for the
brokers, yesterday moved that the in
junction be dissolved, his principal
ground being the failure Of the COM
panies to comply with the act of
March 8, 1901. Judge Murasky grant
ed the motion as to the two roads but
not as to the others for the reason
stated, holding that while the por-
| ton of the act imposing a $500 fine
for it's violation was unconstitutional,
enough remained to make an opera
tive law. The result will be that the
scalpers will sell portions of tickets
over the Burlington and Rock ISL
and lines until they can bring the
other roads under the ruling or un-
| til the roads file their articles of in
corporation, which will mean the pay
ment of many thousands of dollars
into the State Treasury. Mr.. Short
ridge contended that another law had
been violated in that none of the roads
had filed their articles with the Coun-
ty Clerk, but the Judge did not take
cognizance of 1t.
The contempt proceedings against
Broker It. A. Rigdon were again taken
UP and Judge Murasky made another
important ruling, holding that rule six
adopted by the Superior Court Judges
il null and void because It conflicts
with the statutes. The rule provides
that an order to show cause may be
! deemed a notice of motion and au-
( thorizes contrary affidavits in con-
/ tempt cases. In upholding the statute
I as against the rule the court refused
to admit the affidavits of Anna Sides
and David Wasserman of Chicago,
tending to exculpate Rigdon. Mr.
Shortridge, however, got them before
the court by attaching them to Rig
don's answer as an amendment. A
continuance of the case until Novem-
Der Is was then granted to permit the
taking of the dispositions of the Chi
cago witnesses. Objections to the con-
tinuance were made by Foshay Walk
er, representing the Southern Pacific.
who also took an exception to the
partial dissolution of the injunction