The San Francisco call., 1910-03-01
G[ARY ROAD
BOND ISSUE
ISENJOINED
Horace 6. Platt, Aided by Trac=
ton Zoology Experts, Boards
white Elephant"
Injunction Is Issued by Judge
Sturtevant, TREY Ford's
Former Associate

; railway, the local traction magnates
/ undertook yesterday to chain the beast.
They succeeded in binding him fast for
the time being with the ropes Of a
court injunction. Horace G. Platt was
Z selected to enter the municipal menag-
: erie and perform the feat.
The restraining order was issued by
{ Judge sturtevant 1t was directed
. against the mayor. the supervisors, the
auditor and the treasurer. Its terms
are broad enough 10 prohibit any act
I looking to the preparation or sale of
the bonds. The hearing was set for
March Il.
There was open speculation and dis
+ cussion during the day as to the as
signment Of the case. 1t had been
J rUmored that the representatives OF the
city had hoped that the issues might
! be presented before Judge Seawell. as
he had made a study OF the questions
involved during the Hetch Hetchy hear
,3ng. Judge Van Nostrand, as the presid-
ing magistrate, sent the case to Judge
! Sturtevant. 1t was Judge Sturtevant
3 who blocked an earlier attempt 10
build the Geary street line At that
time il was intended to construct it
yesterday that in 1902, when a prac-
ticing attorney in association with
Tirey I. Ford, Sturtevant had assisted
in the Incorporation of the United
Railroads. In the original papers one
share Of stock was held in his name.
SHOCK TO MCCARTHY
3 The suit was fled shortly after the
noon hour, and a bond furnished in the
sum of $4,000. Although heralded for
some 10 days, the action came as
shock TO Mayor Mccarthy. He was on
his way to preside at a meeting of the
supervisors when copy Of the order
was served on him.
What's this?', demanded the mayor
This is the switch to ditch the
Geary road" said the subpoena server.
BY CAD. I'll run the cars this very
afternoon. retorted the mayor. without
specifying as to motive power, roadbed.
or coaches.
Better wait awhile called the pro-
cess server, as he disappeared.
The suit is based upon three general
contentious. These are:
J. That private. corporations, under
existing franchises, have prior claim to:
the use of lower Market street and
sections Of Geary street and Point Lo-
hos avenue. I.
,. That the city authorities violated
the charter in not soliciting offers for
the sale of all operating street rail-
roads
8. That the proper legal forrnalities
were not observed in submitting the
Gesry street question to the voters. =
OLD FRANCHISES CITED
It is set forth with elaborate detail
that franchises covering the affected
e streets were granted by various boards
of supervisors. 1t is asserted that all
these passed into the hands of the
United Railroads with the exception Of
the Sutter Street company's line in
lower Market street and the Geary.
street road. y
An important feature of the case in
wolves the rights that the United Rail-
roads IS. alleged to hold in Geary street.
IT is argued that the United Railroads
took over the franchises Of the old Gem
trail railway company and the North
Beach and Mission railroad company.
The Central company. it is contended.
was given the use Of Geary street from
Stockton to Taylor. This permit, ac-
cording to the petition, was granted in
1879 for 8 period of so years. The
North Beach and Mission line, it is
stated, was given the use of Geary
street from Kearny to Stockton. Later,
IL is claimed, permission was granted
TO connect up all lines in Geary street.
AGREEMENT ALLEGED
1t is further asserted that an agree
ment was entered into between the
Gearv street road and the Market
Street railway company by which the
former operated the entire line in
Geary street, paying the necessary ex-
penses and taking the profits. This
arrangement, it is alleged, has been
continued between the Geary street
road and the United Railroads.
The familiar plea that the Sutter
Street company is distinct corpora
tion is thus put forward:
said Sutter Street railway company
has been and is now engaged IN the
operation and maintenance Of a double
track street railway under its own ex-
elusive mana cement and control from
the west line of Sansome street along
and upon Market street to the city
front and ferry building in Market
street in said city and county of San
Francisco, a distance OF seven blocks
upon said Market street"
II IS apparent from the pIeadings that
the municipal road will be attacked on
the ground that there are existing
rights in Market street that can not be
dislodged and that there are existing
grants in Geary street IT is also ar
gued that the Sutro line owns fran
chises I'm Point Lobos avenue.
EXPECTED SEVERAL DAYS
1t has been known for several oavs
name of Horace G. Plat, president of
the Geary street road. 1t is the theory
that this will give the petition greater
consideration in court.
The papers were dra wn and presented
bv Attorney W. l. Brobeck. He took oc-
casion in his petition to review every
step taken by the city authorities in
connection with the line. He stated yes
terday, however, that the larger con-
stitutional question would play an i'm.
portant part in the determination of the
issues.
we have included in our petition -
said Brobeck. "a, detailed recital of thL
various acts of the municipality. This
will furnish the basis for our argument
II was not necessary for us to include
rhe allegation that the city has not the
authority to construct and operate a
streetcar line That. however. we re-
serve for our argument
The city attorneys Office had little
to say yesterday in reply to Brobeck's
petition.
Il have not had an opportunity said
Long. ito study the petition closely. but
we will be ready TO answer ii when
the time comes.
The long forgotten franchises that
Brobeck has dug up cause no apprehen-
g., among ff7e cftv's repreSentSt tiyeSs