Los Angeles herald., 1906-06-12
EDISON OFFICIALS
SUE PASADENA
CONTEND THAT BOND ISSUE
is ILLEGAL
Lighting Company Fights Proposition
Of City Owning Its Own Plant.
Brings Up Many Teehnieali-
ties In Election

Contending that the bond election In
Pasadena on May is illegal and that
the city had no right to sell or offer for
sale the bonds voted upon, John b.
Miller, J. s. Torrance, William r.
Staats, w. $. Wright, H. II. Sinclair
and John S. Cravens yesterday filed
suit in the superior court against the
city of Pasadena, the city council, the
mayor clerk and treasurer.
The election held was to vote OF,
bonds that were to be sold and tho
money used to erect a $t25, 900 munich
pal electric lighting plant and for a
$4,000, enlargement of the fire depart
lnent. The issue was declared to be
carried by the judges of election and by
the city council and bids were adver-
tised for by the city clerk on Nav 2g
for the sale of the bonds on July 3.
The plaintiffs are directors of the
Edison Electric company and reside in
Pasadena. declaring themselves to be
taxpayers. They contend that the city
has no right to erect a power house TO
supply light for private citizens. for such
an act would be unconstitutional. The
Edison Electric company now has a
contract for supplying such light In
Pasadena and If a municipal plant
was built it's profits would be notice.
ably decreased.
Say Election Not Legal
The plaintiffs contend that no provi-
sion has been made for the payment
of the interest on the bonds. Also that
there is no sinking fund to take care
of the bonds when they come due or
before that time. Also that the cleo
tion was Illegal because held on a legal
holiday and that enough of the voters
voted in the wrong precinct to have
lost the issue If their votes had been
counted void.
Other contentious that are made fol-
low:
That the clerks did not do their duty
on delivering ballots to the voters by
stating orally and distinctly so that
they could be heard by bystanders that
the ballots must be marked with a
rubber stamp or the ballot would be
void.
That for one hour after the polls
were open the rubber stamp that is
provided for by the law was not pro-
vided. That the polls in the Third pre-
cinct remained closed for one hour af-
ter the time prescribed by law.
Asks for Injunction
That ninety eight ballots were cast
by persons whose names were entered
on the great register of the county of
Los Angeles after the commencement
of the forty days next preceding said
special election.
That five ballots were cast by per-
sons not living within the city limits.
That there were but fourteen more
than the necessary number voting
"aye" to carry the election and that
enough of those voting the affirmative
had no right to vote to have lost the
issue IL these ballots had been made
void.
That defendants will. if not re-
strained, sell and dispose of all of the
bonds and without right and in excess
of any authority in them or any Of
them vested, create an Indebtedness
against Pasadena to the amount of
100000 with interest and the property
of these plaintiffs and of other prop
erty owners will be burdened with
taxes for the payment of such in
debtedness and the interest accruing
thereon.
Many other points are brought out
The plaintiffs ask that the defend
ants be restrained from issuing, SELL
ing or delivering the bonds and that
the/election be set aside.