Los Angeles herald., 1909-07-02
ASK INJUNCTION
TO STOP SHAW
HARBOR LEASE
TAXPAYERS GET TEMPORARY
RESTRAINING ORDER
QUESTION is TO BE ARGUED
JULY 8
Sought to Prevent Trustees from
Giving Land and Grantee from
Receiving It-Fishermen
Hold Meeting
NIo circumvent the consummation Of

TO circumvent the consummation Of
the "harbor steal" or at least to
Il postpone the actual transfer Of
rights or privileges contemplated H.
the ffty-year lease to f. E. Shaw,
granted by the trustees, an injunction,
or temporary restraining order, was
obtained yesterday by Joseph H. Call,
H. M. Barstow and Leslie r. Hewitt,
acting as attorneys for John A. Ander-
son, James Swinford, Lewis Hansen
and Everett D. Seward, all taxpayer
of San Pedro.
Judge Wilbur signed the writ and
made it returnable July 8 at 10 o'clock.
The case was allotted to Judge Arthur
Bordwe1l of the Superior court.
The action is directed against the
five city trustees of San Pedro: J. W.
Walton, f. D. Foot, Michael Duffy,
George II. Peck and N. w. Tilton, and
also against c. Mason, the city clerk,
and f. e. Shaw, the grantee.
This step was taken when it was
reported that City Clerk Mason wa
about to sign the franchise granted
Shaw over which such a protest had
been made. 1t was ascertained that
the report that Mr.. Mason would sign
the order, thus making it valid. wa
without foundation. In fact Mr.. Mason
stands by his refusal to sign the order
and so far as he is concerned, the re-
straining order, was absolutely un-
necessary.
1t is alleged in the complaint asking
for the restraining order that the trus
tees ''unlawfully combined, conspired
and confederated together to divert
| from the treasury of the city of San
ndv hn ~ a IN no
ceived from the sale of franchises for
wharves on the water front lands"
Conspiracy Alleged
| It is alleged that they conspired 10
grant fraudulently and illegally these
franchise privileges to F. E. Shaw
without any consideration and to be
| stow on him title, control and posses
sion of more than 900 feet of water
front along the United States harbor
lines of the San Pedro harbor.
An injunction is asked on the FOL
| lowing grounds:
"First-That the San Pedro city trus-
tees be forever enjoined from taking
any steps to consummate the lease of
/ the water front to Shaw, as conten-
/ plated by their action of Monday night.
! "Second-That Shaw be restrained
| from taking possession of the lands un-
der the purported lease.
"Third-That the steps already taken
by the trustees and by Shaw be an
nulled, and be declared of no force or
effect.
"Fourth-That ]. w. Walton. as
president of the San Pedro board Of
trustees, be restrained from signing
the lease
''Fifth-That C. Mason, as city clerk
be restrained from affixing his sigma
ture."
Privileges Worth 100000
1t is set forth in the petition that
the privileges bestowed under the
franchise which the trustees have IT.
tempted to give are worth 100000 to
the CITY of San Pedro, and if sold at
public auction would have brought
that amount, not to mention the per
cent of gross annual receipts from
wharfage accruing to the city. 1t l.
even alleged in the complaint that e
used legitimately and lawfully the re
ceipts from wharfage for the area
granted Shaw would relieve the tai
payers of all direct taxes for munici-
pal purposes.
1t is averred that by the pretended
lease and grant to Shaw the board of
trustees conspired to stop competitive
bids and sales of wharf franchises
The proceedings of the meeting OF
the San Pedro trustees at which the
franchise was granted to Shaw are re-
cited in the petition, and it Is alleged
that this shows a plain purpose to de-
feat the provisions of the Broughtou
act, which requires that there shall be
free competition on the sale of fran
chises and that the trustees cannot
take an action which would prevent
such competition.
The trustees of San Pedro and other
defendants were served with processes
yesterday afternoon.
Grand Jury May Investigate
In the meantime feeling in San Pedro
remains much the same. 1t is distinct
ly one of resentment. The people are
thoroughly aroused over the action Of
the trustees in granting the fifty-year
franchise to Shaw for $50 per year.
The resentfulness has taken such con-
crete form that the citizens are de-
manding an extra session of the grand
Jury in order to probe the matter and
ascertain the true facts of the giving
away of the valuable frontage for q
mere bagatelle in the way of consider-
alton. The citizens, in. asking for an
extra session of the grand jury, state
the matter plainly, saying they desire
the action of the trustees investigated
by the inquisltorial body.
An indignation meeting was held by
fishermen who use water frontage in
cluded in the Shaw grant YESTERDAY
and an appeal made to the commercial
bodies of San Pedro to protect their
rights. If the grant stands they Will
be put out of business or forced to pay
tribute to the holder of the franchise
Secretary Fleming said yesterday
that the consolidation committee had
no previous information concerning the
injunction suit filed by San Pedro cit
liens and never once was there any
doubt in the minds of the members of
the committee as to the course of City
Clerk Mason with reference to signing
the franchise. The committee had re-
ceived the assurance of Mr.. Mason
that he would not sign the order and