The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1921-02-23
ATTACK BY
FOURTEEN
! IS SMASHED
Attempt to Make City De-
fault on interest Payment
Is Knocked Out

Judge J. T. Ronald wednesday
duashed the suit OF IL ''taxraycrs"
to compel the city to default on
its interest payment to stone a
Webster on tho purchase price Of
the street railways. March /.
He sustained demurrer 70 the
complaint. filed by Corporation
Counsel Walter y, Meier. declaring.
in effect. that tho plaintiffs had
not made out a Case In their hill
OF complaint
The court states his conclusions
rs follows:
wise than that the plaintiffs com
paint fails to state facts emitting
them to the relief prayed for. and
the demurrer must be sustained on
that ground"
SUPREME COURT
RULING CLEAR
Il think there is no question but
that the law requires the cost os op-
Grafton and maintcnanc. TO be paid
out OF the gross earnings Of IN. syr-
trm; but tho supreme court has held
clearly that pledge Of a fired
amount IL within the powcv Of tho
council. and tho sau.c viii b. upheld.
even tho not enough Be icft TO pay
costs OF operation and nraintenancr.
II quote from the language OF the
supreme court In schoolcy Va. Che.
halls. 81 wash ssT: In tho event
that the rates established arc not
sufficient to maintain the plant and
pay the interest on principal on the
bonds as the same mature, the city
Is bound to raise the rates until the
revenues viii be sufficient TO main
tain the system and also take care
of tho maturing principal and inter.
est on the bonds.
I'VE win not pr~Uume thaf the
city win not perform this duty By
fixing such rates as will enable IL 10
maintain the plant from the revenues
Of the system itself and also pay the
principal and interest OF the bonds
as provided By the ordinance
Tho plaintiffs complaint shows
that the city has twice raised the
rates since IL got posscssion-
SUSTAIN CORPORATION
COUNsEL'S MOTION
The court also sustained the mo-
ton Of tn. corporation counsel to
compel the plaintiffs TO bring in the
Puget Sound Light q Power Co. as
parties defendant to the action.
on this subject the court says:
The final relief asked In that ali
the provisions OF tho ordinance. or
this contract be declared untrs wires.
Illegal and void. and hence think
for this reason the traction company
is n necessary party"
Corporation Counsel Meicr's mo
ton that the plaintiffs be required
to number and state separately their
several alleged causes Of action was
denied on the ground that the com
plaint constitutes but ono cause OF
action.
FACE INJUNCTION
IN 4. &. COUKT
by an order issued by Federal
Judges r. Il. cushman and Jeremiah
Neferer Monday. tho plaintiffs In the
superior court action viii be required
20 show cause next Monday why
they should not be enjoincd from
further prosecuting their action.
The order was issued on complaint
OF the Puget Sound Light and Power
company. which claimed that it's In
terests arc being endangered.
A preliminary restraining order
was put into effect at once. and II
will either be dissolved or made per
manent at the hearing Monday.
o. II. Thorrrimson. associate corn-
sci for the ~ taxpayers. stated We'd
nesday:
II never knew before that fed
eraI court could enjoin an action In
the superior court. but well find out
ALI about IL Monday"