Los Angeles herald., 1907-08-22
PROSECUTOR CAN MAKE NO
MORE ARRESTS
FLEMING GIVES RAILWAYS BAD
HALF DAY
Has Crews of Fenderless Cars Arrest.
ed and Taken to Jail for VioIat-
ing Ordinances Requiring
Safeguard

petition 10 tnlS effect was nleu early
yesterday morning in the office of the
county clerk of the superior court as soon
as the management of the Pacific Electric
system discovered how matters were
going.
The petition was rushed through the
various forms of court procedure at a
mad rate, and little after 4 o'clock
decision in the case was handed down.
The mayor received a copy of the injunc-
tion almost instantly.
The police department was not notified
of the granting of the injunction until
after o'clock and arrests were made as
late as 4:30.
When seen at his chambers yesterday
Judge Bordwel said:
"-he injunction was only granted pend
ing the hearing of the case. 1 made the
injunction returnable to Judge Wilbur,
and the matter will be referred to him.
II have not the slightest doubt but what
this affair will be carried to the supreme
court, as was the case of Varney & Green
VS.. the city. Appeals will, of course, be
made until the case is carried to the last
and highest court, where a decision will
determine the affair orce for ALL"
Railway Files Suit
About five minutes after the injunction
was granted the Pacific Electric officials
returned to the county clerks office and
drew up suit against the city, testing
the legality of the ordinance requiring
tenders on street cars.
The case will be heard in the near fu-
ture, and the injunction issued yesterday
is to protect the railroad officials until
this test case Is heard
In the statements made in the instru-
ment the officials pleaded 1t would be i'm
possible to comply with the fender ordin-
ance' as 1t would cause an appreciable
reduction of time in their runs.
They claim it would be necessary to
draw up the fender when the city limits
would be reached as the fright of way"
speed would not permit any obstruction In
front of the structure of the heavy beach
cars. Then it is said Should the car meet
with any obstruction along the tracks
with drawn-up fender it would mean in
stant derailment and probable loss of life.
Again, 1t is alleged, the city has no
jurisdiction in the matter whatsoever,
especially where interurban railroads are
concerned. 1t is different matter, ac-
cording to the document when street rail-
way ordinances are passed, street rail-
ways are Under the absolute Jurisdiction
of the city.
The suit continues to state the city off
cials have shown the management of the
Pacific Electric undue harshness, as 1t
would require at least six months for the
building of the tenders anu as yet no
sufficient time has been allowed them.
"The case" said one of the lawyers for
the railroad company yesterday, prom
iees to be one of the most sensational ever
fought by a corporation against muni-
cipal authority. 1t will be severely con-
tested from both sides. and it is likely to
end in the supreme court"
Arrests Car Crews
Panic was rife yesterday among the
electric companies when Prosecuting At
torney E. ]. Fleming swooped down upon
them with a squad of policemen and ar
rested motormen and conductors in charge
of cars not equipped with tenders.
The action of Attorney Fleming is the
seouel TO the decision rendered in Judge
Frederickson's court Monday which de-
cared Traffic Manager Mcmillan of the
Los Angeles Interurban guilty of violat-
ing the city fender ordinance requiring all
cars to be equipped with a specified fen
der. A fine of $500 was paid by Mr. NC
MILAN yesterday morning.
AS soon as Attorney Fleming heard Of
the fine he returned from Catalina island
prepared to enforce the ordinance. With
a squad of policemen he started out TO
search for fenderless cars.
Nine motormen and nine conductors
were arrested during the day. They were
taken from their cars when they stopped
al crossings and the cars full of people
were left standing with an officer to
guard them
Cars which came up were forced to stop
and wait for difficulties to be settled.
Crowds of curious onlookers and hun
dreds of impatient passengers swarmeu
around the belated cars trying to learn
the cause of the tieup, while numerous
angry officials of the railway rushed
around trying to straighten matters
The militant prosecuting attorney, ac-
comnanied by the police directed them
which cars to stop and whom to arrest
Arrests were made on three different
lines where interurban cars had not been
equipped with tenders In order not TO
hinder traffic any more than necessary
Attorney Fleming allowed cars to be
manned by new crews and continue on
their way.
The first arrests were made at IL o'clock
yesterday morning at Fifth and Main. A
fenderless Pasadena car was the first to
be stopped. Attorney Fleming accom-
panied by patrolman in plain clothes
boarded the car and placed the astonished
motorman and conductor under arrest.
PatroImen Board Cars
Garvanza car No. 211, Monrevia car No.
366 and Pasadena Short Line car No. 270
were boarded at the same place and the
crews taken to the police station. Other
cars equipped with tenders began to pull
behind until there soon was long line of
blockaded cars
An immense crowd soor gathered and
there was great excitement and curiosity
as each fenderless car hove into view and
the motorman and conductor were ar
rested. Finally officials of the road were
notified and sent down new crews which
were allowed to proceed with the cars.
Two cars were stopped on the Los An
seles- Pacific at Fourth ard Fill. The
crews were arrested and the cars delayed
for few minutes until new crews were
sent out
In the afternoon the prosecuting attor-
ney. accompanied by policemen detailed
by Chief Kern made another raid About
o'clock he took his place at the corner
OF Hill and Fifth streets. An outbound
Venice car, No. 2s4, was the first to stop
at the corner The policemen boarded
the car with several passengers and
placed the motorman and conductor
under arrest.
No sooner had this been done than an
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