"That
at all the times herein mentioned, the above-named
plaintiff was, ever since has been, and now is a public
utility corporation as defined by the laws of the state of
Oregon, and particularly as defined by chapter XXVII of
title XXXIV, Oregon Laws, and at all times, the said
plaintiff has strictly complied with all of the laws of the
state of Oregon with respect to public utility
corporations, and all rules and regulations lawfully
promulgated by the public service commission of the state
of Oregon.
"That
at all the times herein mentioned, the said plaintiff has
been and now is engaged in furnishing and selling electric
light and power to residents and inhabitants of Yamhill
County, Oregon, at rates established by the laws of the
state of Oregon, and the rules and regulations of the
public service commission of said state of Oregon; that the
said plaintiff has expended, and is continually expending
large sums of money for the development of its electric
light and power systems in Yamhill County, Oregon, and in
keeping with its business as a public utility, and strictly
in pursuance of the statutes in such cases made and
provided, has expended large sums of money in extending its
system throughout the county of Yamhill, in the state of
Oregon, except within the corporate limits of the city of
McMinnville, Oregon, the said plaintiff through its said
system as aforesaid, now furnishing light and power to each
and every city and town in said county of Yamhill, and to
the inhabitants thereof, excepting only the city of
McMinnville, and likewise furnishing light and power to the
residents and inhabitants of said county of Yamhill not
residing within any incorporated city; and that by reason
thereof, the whole of Yamhill County, Oregon, with the
exception of the said city of McMinnville, Oregon now is
and for a long time prior hereto continuously has been, the
territory belonging to the said plaintiff as a public
utility in the furnishing and sale of electric power and
light; and that at all times herein mentioned, the
above-named plaintiff was, ever since has been, and now is
able, ready, and willing to expend funds for and to make
such additional improvements, extensions of lines and
service, and furnish and sell electric light and power
wherever in the said county of Yamhill, state of Oregon
and whenever a necessity therefor exists and proper
application therefor is made; and particularly at all the
times herein mentioned, the said plaintiff was and is able
ready, and willing to extend its system lines, and service
along that certain portion of the West Side Pacific Highway
in Yamhill County, Oregon, leading from Lafayette in said
county, through St. Joe and to the city limits of the said
city of McMinnville, and to furnish and sell all needed
electric light and electric power to all consumers thereof
living along or in the vicinity of said highway, and that
prior to the commencement of this suit, the said plaintiff
duly applied to the state highway commission of the state
of Oregon for a permit to place its poles and string its
electric wires along said portion of said West Side Pacific
Highway, for the purpose of making such additional
construction, and furnishing prospective consumers of
electric light and power along and in the vicinity of said
portion of said West Side Pacific Highway with such
electric light and power as might be needed or desired
that at all the times herein mentioned, the said plaintiff
has maintained and is operating, as a part of its system
aforesaid, an electric power line extending along said
portion of said West Side Pacific Highway for a distance of
about one-half mile southwest of the corporate limits of
the city of Lafayette, in said county of Yamhill, and
within one-half miles of the golf links of the McMinnville
golf and country club, located along said portion of said
highway; and that at all times herein mentioned since the
construction of said golf links, the said plaintiff was and
now is ready, able, and willing to extend its said electric
lines and service to and upon said golf links, and to
furnish and sell such electric light and power as may be
needed or desired in the operation and maintenance of said
golf links, that said golf links, and all of said territory
along said portion of said West Side Pacific Highway
hereinabove particularly mentioned is particularly within
the territory now and heretofore served by the said
plaintiff as a public utility.
"That
the said defendant city of McMinnville, acting by and
through its agents and officers herein named as defendants
and by and through said Water and Light Commission, has
heretofore wrongfully and unlawfully extended its electric
lines and service outside and beyond the corporate limits
of said city of McMinnville, Oregon, and has wrongfully and
unlawfully furnished and sold, and does continue wrongfully
and unlawfully to furnish and sell electric light and power
to consumers thereof outside of the said city of
McMinnville, Oregon, and beyond the corporate limits of
said city, and to consumers within the territory now and
for a long time prior hereto served by the said plaintiff,
and in direct competition with the said plaintiff, and
without securing or attempting to procure a certificate of
necessity therefor, as by the laws of the state of Oregon
provided, and without any other authority of law so to do.
"That
the said defendant city of McMinnville has heretofore
constructed and since has maintained an electric line, with
poles and wires, along that portion of said West Side
Pacific Highway leading from the city limits of
McMinnville, Oregon, northerly toward Lafayette, in Yamhill
County, Oregon, for a distance of about one and one-half
miles, and to the junction of the said West Side Pacific
Highway and the Tualatin Valley Highway, and for a long
time prior hereto, the said defendant city has furnished
and sold, and continues to furnish and sell electric light
and power to consumers living along said portion of said
highway, without any authority of law so to do, and in
unlawful violation and destructive of the lawful rights of
the said plaintiff in the premises.
"That
the said defendant city, and said other defendants acting
for and in behalf of said city, without procuring a
certificate of necessity therefor from the public service
commission of the state of Oregon, and without in any
manner complying with the statutes of the state of Oregon
in such cases made and provided, and particularly without
complying with chapter XXVIII of title XXXIV, Oregon Laws
and without any authority of law whatsoever so to do, are
now engaged in the digging of holes, the setting of poles,
and the stringing of electric power wires along said
portion of said West Side Pacific Highway commencing at the
junction of said West Side Pacific Highway with said
Tualatin Valley Highway, and leading toward Lafayette, in
said county of Yamhill, and particularly leading to the
said golf links above mentioned, and the said defendants
intend to and will, unless restrained by order of this
court, fully complete the construction of said electric
power line along said highway and to and upon said golf
links, and threaten to and will, unless restrained by order
of this court, furnish and sell electric light and power to
consumers thereof living along said portion of said
highway, and to the owners, operators, and managers of said
golf links for said golf links; and said defendants
threaten to and will, unless restrained by...
