The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-05
NO MARKET STREET job
Supervisors Vote to Sustain
the Protests.
ALI WERE OF ONE MIND.
Report of the Commissioners Rejectei-LawysI
Mitchslps Warnir Saves the Supervisors
From imprisonment.

The Board of Supervisors last evening
voted unanimously to sustain the protests
against the confirmation of the report of
the commissioners for the Market-stre ex,
tension.
Supervisors Antiques and Aver were alb.
sent from the meeting.
Loud and prolonged applause from the
lobby and gallery followed the rOllcall en-
the vote.
Michael Mullany, Timothy Guy Phelps
and Alfred Clarke delivered vigorous
speeches in protestatioD, while r. B.
Mitchell was heard in behalf Of the CON-
missioners
Mr.. Mullany informed the board that the
grade could not be Travelled unless the Twin
Peaks were cut down. He said there was
no need for street 125 feet wide. From
Castro street TO Seventeenth there were
seven turns iii the Market-street extension.
The new thoroughfare could never be used
for traffic.
Collector Phelps made the chamber fairly
vibrate with the ferceness Of his protest
against the scheme. HedenOunced the sur
Yey because the lines were run diagonally,
making streets where streets are not neces-
sary. He held up map showing how his
own property would be ruined. he consid-
cred the report as one having for its object
the confiscation of private property.
Alfred Clarke referred TO the scheme as
one of plumber, robbery and corruption. he
objected to being deprived OF his property
by leeches and boodsuckers.
Mr.. Taber moved hat the protests be sus-
tanned. but Lawyer Il. B. Mitchell desired
| to be heard.
Mr.. Taber said that 1t would be useless to
say anything more, as he did not believe
the project would be carried out, and all the
Supervisors were OF the same mind. lAp-
| plause
Mr. Ebert said be was in favor Of the pro-
| tests, but he thought Mr.. Mitchell was en-
| titled to a hearing.
Mr. Mitchell upon rising remarked that
| this was the first time in his practice that he
| had the pleasure OF arguing a case after il
was decided. He conceded that The law
was a vicious one, but the Supervisors could
| not kill the commission by voting TO sustain
| the protest Neither the board nor the Leg
| islature had any power to Impair the evil
| CATION of a contract. The parties opposing
| the exteD sion had been heard before on the
| question Of grades, assessment districts and
| other matters and their protests had been
| overTuled. The question now was onl on
| the confirmation OF the report Mr.. MITE lell
| closed with the advice that the subject be
referred back 10 the Street Committee.
| The lobby cried with one voice, mo, no."
| Mr.. Mitchell said he was not addressing
! his argument to the lobby.
| Mr.. Ebert said it would be useless TO
| send the report back to committee, and he
passed up to Clerk Russell lengthy pream-
| bic and resolutions setting forth the iniQuty
| of the scheme and ordering that all former
| action be repealed, the protests be sus-
! tanned, the Legislature be requested to re-
| peal the law aud to provide for the COM
| pensatlon Of the commissioners.
| Mr.. Mitchell asked leave to be heard
| again
| Mayor Sanderson ruled him ont of order,
| and Counsellor Clarke then pressed forward
| to be again heard.
| Mr.. Mitchell managed, however, to obtain
| the floor long enough to warn the Super
| yisOrs that every one of them would put
| himself in contempt Of court il the Elicit
| resolution was passed. as Judge Sanderson
| had issued an injunction two years ago re-
| straining the board from passing any reso-
| lutions repeating the acton of former
| boards in the matter Of street extensions.
| This warning induced Mr.. Ebert to mod
| ify his resolution by striking out that part
| calling for the repeal OF former proceedings.
| The resolution was then adopted, and
| after the adjournment Mr.. Ebert thanked
| Mr.. Mitchell for reminding him about the
| injunction, saying that he wanted 70 keep
| out of Jail until he Il elected Mayor.