The Montgomery advertiser., 1906-07-26
TRACTION WAR IN CLEVELAND Johnson Takes Bull by
 Horns. MAYOR IGNORES A COURT 0utgrowth of Fight for Three
 Cent Rate. Judge Ford Issues Citation for Chief Executive of ohio City to Ap- pear in Contempt Pro-
 ceedings.

Cleveland, O., July 25.--Papers were served on Tom l.. Johnson late this af- ternoon citing him to appear in Com mon Pleas Court tomorrow morning to show cause why he should not be pun ished for contempt for violating a tenn porary injunction issued by Judge Ford today
 The injunction was issued upon ap- plication of the Cleveland Electric Rail- way Company restraining the city from proceeding further with the tearing up of the street railway tracks in Fulton Street which was begun by force of several hundred men under the person. al direction of Mayor Johnson today.
 The work of tearing away the tracks was well under way when the restrain ing orders were served on the Mayor and no attention was paid to 1t when they were served.
 Outsrowth of old Contest.
 The matter Is the outgrowth of the contest which is on between the C1eve- land Electric Railway Company, which is working at extensions of its fran chises and the Forest City line which is the new municipal line backed by Mayor Johnson and others.
 The Municipality Traction Company. recently organized to construct and op- crate a number of street car lines in this city, on the cent fare basis, be-
 
 Railway Company today by suddenly putting a force of 50J men at work tearing up the tracks Of the latter company in Fulton Street.
 Mayor Johnson. who is credited with being largely interested in the Municipal Traction Company. was personally on the ground, as was al- number of officers Within a short time more than a quarter of mile of track had been torn up, Ohicials of the Cleveland Electric Railway Com pany said they would apply for an injunction at once.
 Mayor Johnson said the action was taken because the Cleveland Electric Railway Company refused. or negiec- ted. to comply with council reeolu- tton requiring 1t to take up its tracks on Fulton street and remove them to the east side of the street
 The mayor intimated that he would not obey an Injunction if one were issued and said that as a result he might be in jail before night
 Removed by City.
 Subsequently the mayor stated that the tracks were being removed by city emr loves under the supervision of the Board of Public Service and not by the Municipal Traction Company, as had at first been generally believed.
 Judge Ford. in common pleas court, later granted an injunction restrain- ing the city and the Municipal Trac- ton Company from further interfer- ing with the tracks. The Cleveland Electric Railway Company declared the action of the city was violation of It's franchise rights.
 The injunction was served upon Mayor Johnson personally as he was overseeing the work of tearing up the a AAe eeoH and put the document In his pocket but told tue men to proceed with their work and ignore the courts order Juite a large amount of work remained to be done when the injunction was served
 Start Contempt Proeeedlngs.
 Attorneys for the Cleveland Electric Railway Company this afternoon were drawing up a petition to Judge Ford asking that Mayor Johnson be cited before the court to answer the charge of contempt. The work of tearing up the track of the Cleveland Electric Railway Company In Fulton street was shortly after noon and pre- parations were at once began to lay the tracks of the Municipal Street Rail- way Company in that thoroughfare.
 Judge Ford late this afternoon is- sued citation against Mayor John son requiring the latter to apear in
  cause why he should not be punished for contempt in violating the re- straining order of the court.
 Statement by Johnson.
 Mayor Johnson tonight in a formal statement defends his own action and that of his subordinates In tearing away the tracks of the Cleveland Elec- tric Railway. He says in part: June il. the City Council by resolu- ton ordered the railway company to move its single track on Fulton Street and directed the Board of Public Serv- ice to move the tracks unless the com pany complied within thirty days. That was six weeks ago and the order has been utterly ignored by the company. The railway has been violating the law all the time and has shown no inclina- tion to obey the city's order. which was a perfectly reasonable and usual one" The hearing for tomorrow morning in which Mayor Johnson Is cited by Judge Ford for contempt. will be s sSubbornly contested by both sides
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