The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-02
WILL FIGHT IT OUT.
Contractor buchanan Objects to
Being EnjGined.
No Action Ess Yet Been Taken, AID the Grad
irg at Market and Fourteenth
Streets Goes On.

Contractor Albert Z. Buchanan resumed
the grading OF Market street at Fourteenth
yesterday morning, and continued all day
without interruption from the Board OF Su-
pervisorS, which had threatened to enjoin
the work.
The contractor says that if he is served
with an Injunction he will fight the matter
to finish and abide by the decision of the
court. Buchanan takes the groand that the
board mas nc right to repeal the act of con-
tinuous body, and feels that the law will
sustain him.
That portion of Market street to be graded
extends from Valencia 10 Seventeenth street.
The old board passed an ordinance changing
this grade 10 conform with that OF Market
street east of Valencia. Buchanan secured
the contract together with others from the
owners of property abutting on Market
street, filed his bond and went to work.
Then a question Of damages Arose among
prOperty-owneIs on the cross streets. which
will have to conform to the established
grade, and the work was then enjoined.
THE LEGISLATIVE ACT.
BY an act of the Legislature the hoard was
empowered to appoint an assessment COM
mittee, ana this committee formed district
comprising both sides of Market from Mont
gomery 10 Seventeenth street to cover any
damages that might occur. There Is no
special objection from this district, but the
new board is DESTROYS OF saving the city any
claims for damages. hence the action. Unuer
the law no property can be taken or DAM
aged by reason Of change Of grade without
remuneration.
In the meantime the work Of grading pro-
eeeds with small force Of men and teams
AT the intersection of Market and Fourteenth
streets. The contractor is not going in ex-
tensively until he sees what action the board
will take. Should he be allowed to COM
plete the work Market street will present a
gradual slope from Seventeenth 10 the fer
ries The greatest cut Is at Dolores and
Market, where the former street ends. The
grade is tn entv-nine feet below the car
tracks at this point. On the south Ridley
and Dolores intersect, and on the north the
sharp brow OF Reservoir Hill rises seventy
| FIVE feet above the track. lt will take at
| least four months to complete the Work,
| during which time the Ca5tTo-sireet line.
| from Y alencia street on, viii have TO be
| abandoned and the track relaid from Seven
| teenth 10 Valencia.
| TO BE FILLED.
AT the intersection Of Church, Fourteenth
| and Market an 1l-fo0t I'LL is necessary 10
| establish the grade aud the contractor Is
| already dumping dirt on both sides OF the
track. For a distance of about thirty feet
| at this point the concrete roadbed OF the
Castro-street line is suspended In mdair,
Some time ago the Market street Cable
| Company enjoined the city from building
| the sewer under its tracks, SO then the con-
| tractor carried both ends of the work up TO
| the rails and then knocked off. Since then
| the Almshouse sewerage flows onward in
! its resiStess course 10 the sea with nothing
! to intercept it.
| There is also nothing to intercept the
| poisonous gases but air These gases are
| lighter than the atmosphere and break
| through the opaque night aud fog-laden day
| in great volume. There Is room below the
| track TO complete the sewer, but the con-
] tractor stopped, it is said, because the COM
pany enjoined him from building mortar
beds on the rails and checking traffic.
| Ii the work continues Market street will
! soon be impassable to cars and vehicles.
| BUckmah'S men are working close in 10 the
| rails, and the piing up of earth around the
| oDen sewer will block vehicles, as they can
| net cross on the suspended tracks.
| Work viii be resumed to-day with a
| larger force il no action is taken BY the
| Supervisors.