Los Angeles herald., 1907-08-24
L. A. p. GETS
INJUNCTION
FoREsTALLs PROSECUTION IN
LOWER COURTS
DOCUMENT RESEMBLES PACIFIC
ELEcTRIc's
Both Suits Said to Have Been Pre-
pared Long Before the City
Started First Fender
Case

Following in the footsteps Of the Pacific
Electric Railroad company, the Los An
gels Pacific company filed an injunction
suit yesterday In the office of the county
clerk, petitioning the superior court TO
restrain the municipal authorities from
making any other arrests in the fender
case and cease all present prosecutions
until the matter is brought UP for hearing.
Yesterday afternoon Judge Bordwell de-
cided the granting of the petition, and
now the question is settled temporarily.
1t is expected that the hearing of both
the railroad injunction suits will take
place within the coming week.
1t was stated definitely by several OF
the railroad officials yesterday that the
injunction suit would never have been
brought were 1t not for the fact that 1t
was intimated yesterday morning that the
attention of thee municipal prosecution
would be devoted to the Los Angeles
Pacific company, now that 1t was impos-
sible to interfere with Huntington's Pa
cific system.
Attorney Gurney e. Newlin, chief coun-
sci for the former railroad, was instructed
by headquarters to file an injunction suit
at once. Someone suggested yesterday,
and undOuDIeOly WIN some knOWleuBe VI
the truth of the matter, that In both
cases where the suits were filed they
were drawn up long ago in case of an
emergency of the nature Of the last few
days. The instruments are perhaps the
longest of such petitions ever filed in the
superior court, comprising over twenty
pages.
The danger of prosecution has existed
ever since the passing of the fender or
,frtp hot 1Hoy-d hn RnT1-
structed on all cars travelling in the city.
Is Similar to First
The suit filed yesterday by the Los An
geles Pacific embraces as a whole nearly
the same objections to the ordinance as
were detailed in the Pacific Electric in
junction petition.
There was the plea that the placing of
tenders on the heavy interuban cars was
practically as much as inviting more ac-
cidents and more dangerous accidents
than the city of Los Angeles has ever
experienced. 1t Is utterly impossible, says
the document, to use the fender on the
right of way, where great rate of speed
is maintained. There would be instantane.
Gus d -ailment should the fender come in
contact with any obstruction on the track.
Then, again. were the fender folded when
ever the right of way would be entered
this operation would consume considerable
time, say the railway officials. This loss
of time would inconvenience the passen-
gers.
1t Is alleged that the city authorities
have no legal right to exercise any author
ity over the railroad companies, as they
were Incorporated as railroads and not as
street railways, over which municipalities
have power
THE railway officials then claim that
the police department and city counci
have been unjust to them, as they begar
prosecution before they had time to builc
the tenders had they decided to comply
with the law at once. and the city author.
tiles knew nothing of their plans and had
that the railroads had refused positively
to obey the law.
After the injunction was granted the at
torney for the railroad company said
I'VE )had sufficient reason to believe that
the city was on the point of proceeding
against us and we took precaution to pre-
vent this. I am very glad that we have
succeeded because arrests and inter-
ference with motormen and conductors
would have seriously affected the normal
business of the railroad. 1t is unpleasant
also for passengers to have such things
occur.
IAN especial reason why 1 was SO
anxious to have the police courts keep
their hands off this affair was that had
it been dragged through these lower
courts it would have jeopardized an ap-
peal to the supreme court. AS 1t is now
should we be denied the granting of our
suit in the superior court the matter can
be contested and settled in the highest
court of the state