Los Angeles herald., 1910-08-03
LEGAL LIGHT RATE
WAR OPENS WITH
employees ARREST
Lighting Corporations Send At
torney to State Supreme Court
for HabeaS Corpus
WILL TEST CITY ORDINANCE
Seven-Cent Rate and Charge for
ReCarbonizing Are The
Points of Attack
WILL TEST CITY ORDINANCE

In order that habeas corpus proceed
ings may be instituted in the supreme
court of the state for the purpose of
attacking the constitutionality of the
new light rate ordinance which be-
came effective July 1, an employe of
the Southern California Edison COM
pany and another Of the Pacific Light
and Power company were incarcerated
in the city Jail yesterday for alleged
violations of the ordinance, in default
of 5000 bail.
F.. b. Goodrich, a collector for the
Pacific Light and Power company, is
accused of charging customers of the
company for the recarbonizing of in
candescent lamps, in strict violation of
the ordinance. The charge against
Samuel c. Haver, collector for the
Southern California Edison company,
is that he has been making customers
of the company pay for electricity at
the old rate of cents a kilowatt hour,
instead of at the rate of cents.
EMPLOYEES SURRENDER
The complaints against the employees
were formally filed in Police Judge
Roses court yesterday morning, but
no warrants for the arrest of the de-
I
Haver surrendered themselves to the
authorities in the morning and at
o'clock yesterday afternoon appeared
in court for their arraignment on the
charges.
Attorneys Thomas A. Samson and
Harry J. Bauer represented the array
of legal talent that has been retained
by the lighting corporations to fight
the ordinance. The complaints were
formally read by Judge Rose and the
| defendants were informed of their
rights under the laws of this state.
''If the court please, the defendants
at this time would like to ask the court
for time in which to enter their pleas
| to the charges against them" sa1d Al
| torney Samson after the complaint had
| been read, There was a whispered
| conference between the attorneys Tor
| the defense and City Prosecutor Eddie,
| and after a few minutes the court was
taken into the conference. The defend
ants were finally given until August
10 at 10 o'clock to enter their pleas and
bail was fixed at 5000 IN each case.
But, if the court please" said san
son. that is really more than the de-
PENDANTS can give"
"You have my sympathy" dryly oD-
served the court, and Haver and Good
rich were beckoned into the prisoners
docket by the court bailiff as prisoners
of the law in behalf of their employers,
so that the latter might wage a court
battle against the reduction of lighting
rates.
MEN LOCKED UP
The men were soon taken to the desk
sergeant's office, where they were
booked and searched as common prls-
oners. Although the "test case" prls-
oners were mercilessly teased by court
attaches and newspapermen, they TOOK
~, 1,a h6c
humor and did not appear disturbed
at having to occupy cells in the city
hastile over night in the interest of
their corporations.
Attorney Herbert J. Goudge, coun-
sci for the Pacific Light & Power com
pany, left Los Angeles last night on
the Owl train for San Francisco, where
he will go before the state supreme
court this morning and apply for
writ of habeas corpus for the release
of the prisoners. Although it is not
customary to apply in the hlghest
court of the state for the writ, the
companies are taking this means of
bringing the validity of the ordinance
to a, speedy issue. The writ may be
issued today and a date set for the
arguments.
The two lighting companies hold that
the city council has not power to reg
ulate the rates charged patrons. They
further assert that the percentage Oh
their earnings will be greatly ro-
duced if the new rates are sustained.
THE COMPLAINTS
The complaint filed against the Pa
cific company alleges that 20 cents
was charged Guy X. Woodward, PRO-
nrietor of the Woodward hotel at 42l
West Eighth street, for the recarbon-
izing of several incandescent lamps.
The complaint against the Edison
company alleges that nine cents per
kiloWatt hour was charged the jew
elry firm of Donovan & Semans, 253
South Spring street, for electricity,
when the ordinance stipulates seven
cent rate.
The Edison company, it is under
stood, will fight the section of the or
dinance reducing the rate and the
other company will fight that portion
relating to the non-charging for the re-
carbonizing of globes.
Judge William A. Cheney, counsel
for the Los Angeles Gas & Electric
corporation; H. H. Trowbridge, coun-
sci for the Southern California Edison
company, the law firm of O'Melveny,
Stevens and Milliken and Herbert j.
Goudge have been retained as coun-
sci to represent the lighting corpora
tions in their fight against the ordi-
nance, which they declare is invalid
and unconstitutional.