The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-01-15
7. S. R. SCORES
IN FIRST ROUND
Petition to Restrain Bus
Was Improperly
Drawn
HEARING ON MONDAY
Attorney for the Property
Owners Permitted TO File
Amended Petition

Tho Tull Street Railway com
ranv won tNn f.rs' victory Iu ifa ut.
tenn. To- operate nu automobile
feeder limo fUum th, terminus Of
ih Byllyi'v limo at Fifteenth mud
quincy District Judge Vulloan
BIddlgou. who IHurd restraining
order nnUuH tho operation OF This
limo ut the request of throo property
owners pu Rockford dlaso,vud tho
Injunction nt 70 hearing hrll in hiH
court saturday morning
Slmug tho petition r1f % rratrnlu.
ing order .GtIu.. tho "fuoluI" ur,
wCru o. g. .uuFU 1bIS south Hoob
ford Everett Manning. 1909 Blr
FifiDoulh. and j. IL waters 1892
South Rockford. o. G. AIi,n. pt.
.urncN la representing these prop.
orty owuurH Flint Moss yuproscntod
the Tul-I Street Railway company
nt the hearing saturday. while CITY
Attorney Frank D.. Duncan repre-
sentcd tho city In assisting tho street
railway company
Allen Admitted Defeat.
Before the hearing had pro-
creased far. Allen admitted that his
petition for an Injunction was Inn
properly drawn, In that Il failed to
set forth "a cause of action. II was
on this petition that Judge Blddi-
son Issued the temporary restraining
order. Tho Judge stated Allen viii
be permitted TO prepare an amended
petition, and that hearing on thlH
petition viii be held at O'Clock
Monday morning
No license has been issued by the
city 60 the Tulsa street Railway
company for tho operation OF It's
bus line, and for that reason the city
has not hcen drawn into the con
trovorsy. Tho city attorney APP
pcarcd Saturday morning TO assist
the street railway company in as
aerting its rights 10 unmulestcd
operation OF an automobile over tho
bus route. Tho mayor and commis-
Eioners ala, however. give their writ
ten consent TO u. nllburn, general
manager or tho street railway com
pany to operate tho automobile that
has been installed.
Acting on the advice or the COM
pany's attorneys. the street railway
company continued 60 operate the
feeder" automobile after tho ro-
straining order was granted. II wna
rumorcd Friday night that IIlburn
would bo cited for contempt OF
court. but no such action was
burn over the telephone and threat
ened he would file chargcs for con-
tempt unless the automobiles opera
tion was discontinued. llllhurn re-
Piled he was acting on the advice
OF his attorneys and that as long NJ
they so advised or until he wa,
stopped he would continue to oper-
ate the car.
No Desire "a Antagonlxc.
I'VE have no desire TO antagoniz6
property owners" llllburn stated
Saturday evening. "but In a case like
this we are trying to give service "a
the greatest number and for that
reason We are compelled to 70
against tho wishes OF the fow. We
havo mot with numerous injunctions
lin fact, we arc met with ono every
tlmc we try to make an extension.
] honestly cannot see that tho opera
tion OF this automobile. which is the
same kind OF car that passes along
Rockford hundred times n day, Is
working any damage or irreparnhlo
injury to property or property own
ers there"
It Is the intention OF the Tulsa
Street Railway company, ms stated
several weeks ago, TO operate It's bus
on 81. Louis instead Of Rockford a.
soon as tho st. Louis paving Is com
pleted Tho sewers ON that street
are now being built, ana the West
crn Construction company. whicf
holds the paving contract expects e
begin work as soon as the sewers are
finished and weather conditions VII
permit.