The morning call., 1892-08-17
0AKLAND'S WATER FRONT.
The Legal Struggle for Its Pos.
session Begun.
Strenuous Objections Made by the Railroad
People to Try the Case Without
Jury.

The waterfront trial began In Oakland
yesterday. 1t was not very agonizing to
the defendants, but the waterfront COM
pany's minions labored valiantly to con-
vince the three Superior Court Judges of
Alameda County that there was not any
earthly use of jury to try the merits OF
the case. The defendants only smiled and
looked cool.
The waterfront company has prejudiced
the jury the first thing in its efforts to fight
clear of IT. The whole impeachment sat in
the lobby and listened TO the argument of
A. +. Hotchkiss, attorney -in-chief for the
corpora ton.
The title Of the case is, "The Oakland
Waterfront Company against j. p. Dam
eron, w. c. Doane, Mrs. Z. May, John l..
Davie. r NJ. Fitzgerald and j. Bassett to
quiet title to the waterfront property lying
between Webster and Alice Streets"
IT'S BEGINNING.
Everybody who has read THE CALI
knows the history Of the case. The cir
cumstances leading to 1t have occupied the
attention OF the public for long time.
a lew months ago John l.. Davie, who had
occupied the premises for years under a
lease from the Shoalwater Oyster Bay Com
pany, renewed and extended his lease and
began to drive piles to build wharf. X.
M. Fitzgerald afterward bought partner
ship In the lease.
One dark night, after they had begun
active operations. numbering old barge
drew up and piping voice shrieked over
the water, telling Davie 10 ''get out"
Ihe voice was that OF Admiral K. II.
Woolsey, in charge Of body Of men hired
by the waterfront company to hold the
premises at the peril of their lives.
Doane didn't get out" He also mani
tested startling inclination to stay there at
the peril of lis llfe." Volunteers came and
backed him.
ARMED MEN.
The situation became thrilling, for armed
men, grim and determined, stood in Oppos-
ing lines; one on the Shore one on the
barge, each ready TO hall bullets upon the
slightest attempt of the other to assert do
miniOn.
Nearly the whole of the Oakland police
force was sent TO the scene Three thou-
sand Oakland citizens gathered about the
place. and the corporation minions trembled
against the tide OF sentiment that swept
against them.
There was no further danger from bullets.
With the first discharge of frearm the
waterfront company, alias the Southern
Paeiflc OF Kentucky, would have lost all.
DHyle built his wharf and no one inter
Tered. lie cut the cable that held the barge
10 shore and moved il. He moved it again
when IL became necessary. The wharf is
never been unoccupied during a moment OF
the time.
THE BAFFLED COMPANY
But oatiled in the effort to drive Davle
away from his lease tie waterfront COM
pany brought suit There was nothing else
TO do. IL iain would have had il the other
way and 1t waited long and anxiously for
Davie TO appeal TO the law. But Dayie went
calmly on improving his lease, which exas-
perated the Water Front Company.
The defendants with him. aside from Fitz-
gerald from the ShOal Water Company. for
whom the lease Is held.
Wen the suit came 10 trial yesterday
Judge Henshaw's courtroom was crowded
to is fullest capacity. He had called Judges
Greene and Ellsworth to sit with him in
bank
TIE defendants had asked for a inry
trial, and the plaintiffs attorneys came into
court TO oppose 10 the utmost such trial.
a. Il. H0tchkiss cited many authorities
TO sustain him In this
FIGHTING AGAINST A JURY.
The case was one In equity, he said, and
should be decided by the Judges alone.
The question of title was paramount. and
the company he represented didn't care a
snap for present possession.
Previous TO the opposition TO a Jury ex-
Judge Cotton for the defendants had filed
an amended answer, striking out all claim
TO any upland so as 10 limit the defendants
amended complaint was also fled, more
closely defining the boundaries
by request of the court Mr.. Hotehkiss
read the amended answer and Judge Greene
desired to know whether the plaintiff
claimed IL to be a ross-cOmplaint Mr.
Hotchktss answered that il was not re-
garded as such, but that the plaintiffs set
up an equitable claim to the property Them
selves.
Judge Greene answered: That is not
ma alt- oil
adversely 10 you"
CITING AUTHORITIES
Mr.. Hotchkiss produced other authorities.
but the court counteracted them by re-
trring to decisions. Mr.. Hotehkiss was
not dannted. and the court allowed him TO
talk. lie has very resonant voice. and it
sounds nicely IN the courtroom.
The grounds of the argument were ex-
pressed In the following,
lhe action IS purely and simply an
equity one The complaint Is one TO Quiet
title, not one to recover possession of prop
erty. Before the plaintiff can seek the
remedy 10 which Ii is entitled TO recover
possession 1t must establish its title. We
claim possession OF a part of the property
and lnierentialiy admit that the defendants
are In possession OF part There can be
no right 10 jury in an equity action. We
claim that in this case jury would be n
great luxury because in an equity action
every judge is juryman. Ii Jury were
ordered we would be trying the case with
Is jurors"
THE FIRST DAY CONSUMED
The whole of the day was consumed in
hghtlng against jury. At the afternoon
session Judge Henshaw excused the i'm
parchment until this morning to allow MIR.
Hotchkiss TO go on with his arguments.
AT the close of the day Attorney Mul-
laney made 10 minutes speech, offsettiny
the arguments made by Mr.. Hotchkiss ami
showing that the Supreme Court has de-
cided against the point made by him. The
question was then submitted until 10 A. NJ.
to-day.
Thus ended the first day of the great suit
which viii occupy many days to come.
Every inch of ground will be bitterly
fought
The attorneys engaged in the case are as
follows: For plaintiff. G. Martin, A. A.
Moore, c. E. Wilson, A. Il. Hotchkiss.
Frank Shay, Harvey Brown; Tor defeniant
Judge A. r. Cotton, j. p Dameron,
Michael Mullaney, Ben Morgan, w. II.
Davis. II. Nj. Fitzgerald
The trial will proceed four days a week
Tuesdays. Wednesdays, Thursdays and
Fridays - Mondays and Saturdays being
given up TO other business.