Mobley

This is an appeal from an order of the superior court made after a hearing thereon granting a preliminary injunction against the defendants and appellants herein in an action instituted hy the plaintiff, as a taxpayer of the city and county of San Francisco, to enjoin said defendants from incurring any expense or auditing or paying any moneys out of the municipal railway fund of the city treasury of said city and county of San Francisco under or by virtue of a certain ordinance of the board of supervisors of said municipality, entitled “Ordinance No. 4632, New Series,” purporting to make an appropriation of fifteen thousand dollars from said funds for the purposes specified in said ordinance.

The ordinance provides in substance that whereas the city and county of San Francisco is the owner of a municipal street railway system, and is engaged in operating the same over and along certain streets of said municipality; and, whereas, the United Railroads of San Francisco, a corporation, is the owner of another street railway system, which is also being operated upon certain streets of said municipality not occupied by said municipal railway system; and whereas the acquisition by the…