Von Herberg v. City of Seattle

This is a petition of the Puget Sound Power & Light Company, called the Traction Company, for a writ of mandamus. The question presented is whether Judge Neterer is disqualified from trying a suit (removed from the state to the federal court) entitled “Von Herberg, Plaintiff, v. City of Seattle, a Municipal Corporation,” and certain officials of the city, Defendants, and J. G. Von Herberg and Puget Sound Power & Light Company, cross-defendants.

In his complaint Von Herberg alleges that he is a resident and taxpayer of Seattle, and owns, and holds certain warrants designated as city railway fund warrants, which are payable from money in the city railway fund, but which are marked “Not paid for lack of funds” Jr that he also owns utility bonds issued by the city, payable only out of the city light and power fund and the water fund utility of the city; that in January, 1919, the Traction Company made a contract with the city for the sale of the street railway system, to be paid for in special utility bonds of the city; that ordinances were passed by the city in December, 1918, relating to the acquisition of street railway lines and issuing bonds in payment therefor, and providing…