The morning call., 1892-12-17
TABER ON TRIAL.
The POtrerO Avenue Job
Denounced.
1T IS UNCONSTITUTIONAL.
Housing neeting of Protesting Prop
erty Owners Last
Night.

>1he otTeIo-aVenuo Protesting Property
owners Association held meeting last
night in the Maennerbnnd Hall, corner of
IwentY-third street and Potrero avenue.
The meeting was characterized by the
greatest enthusiasm and tae most perfect
unanim!ty in roasting me Board of Super
visors, more particularly Supervisor Taber
of the Eleventh Ward.
The hall Was packed to the doors and a
larse number crowded the steps and en-
trance in their eagerness to hear the
speakers.
Fight to finish" was the rallying cry.
and it found vigorous response from every
pToperty-owner present, including several
ladies.
James McElearney, the vice-president,
was in the chair, aud in opening the meet
Ing briefly referred to the object Of the as
ISOLATION, which was to protest against the
proposed extension of the avenue.
Ii. 3. Meyers, chairman of the executive
committee, announced that the association
had retained Attorneys Philbrook, Smith
and Murasky to prosecute the case in the
highest court IL necessary. PhiibrOok was
TO receive a fee of $1,000 and Smith and
Murasky one of 500, which would necessi-
tate a 5 percent assessment from each
property-owHer of his PotrerO-avenue as
Ii WAS eAptCttQ lHdt the 6ullEo
legal expenses would amount to from $500
TO $1,000. He stated that Attorney Bates
was not employed by the association.
Mr.. Meyers also stated that the Report
had refused to publish card explaining
the objects of the association. giving as
reason that they did not care to offend the
contractors.
Attorney j. F. Smith explained the his
tory of the proposed Improvement. When
drSt preached $4,000 lots were assessed, and
1t was stated by the city officials that the
cost per lot would only be 81 40. For this
reason no serious objection was made.
But after the report of the commission
was received" continued MI Smith, land
ii was found that the assessment was ten
times as much as at first stated and that
many pr0perty-Owners would be practically
nnahle TO meet it. then il was time 10 make
a combined protest against such delibeT-
ate steal Applause.
The assessment district is an outrage. /
never saw more unbuSinesslike document
than the report OF the commission.
when the protest signed by 279 prop
erty-Owners was presented TO the Board of
Supervisors how was ii treated? The OBJ
leetlons were not Investigated at all, not
single question was asked the commission
srs, not single dollar was temiZed. but
after Mitchell. their hired attorney, arose
and made few remarks Supervisor Taber
put his hand in his pocket, drew out reso-
luton. which he had prepared before hear
Ing your protest, denying each and every
One Of your just rights and confirming the
report of the commissioners, and il was
adopted" [ADpiause.l
That's So" said several members.
There is no court in the land" continued
Mr.. Smith, 'but would hear and weigh the
evidence on both sides before giving judg-
ment. But it is different with the Board of
Supervisors, and these men by their action
have proved themselves unworthy OF the
confidence reposed in them.
Now about our course of procedure.
The law is as uncertain as death, but there
Is a fair inference that the action of the
board may be set aside.
"a writ of review Is being prepared,
based not only on the unfair action of the
board, but upon the broad ground that the
enactment under which these street extern
sions are made is unconstitutional because
il cOnfers judicial powers upon the board.
Immediately on filing the writ an in
junction viii be taken cut against the
Superintendent Of Streets and Board of
Supervisors TO eDlOin them from any action,
because the assessments are unfair and un-
just and the awards excessive and unwar-
fanied.
There are 400 lots owned by one man
left cut of the assessment entirely.
In the circumstances | think there is no
court Of justice but will afford the necessary
relief. Ii we fail in the Superior Court we
viii go to the highest possible court 10 Cali
foruia, and it viii be many day before
assess
ment. if ever" TGFeat cheering.l
James Ricketts,, member of the eXecu-
live committee and an old resident, made a
telling speech.
This nefarious scheme" he said, 'has
been gotten up to give value to the marshes
1865 when a bill was brought before the
Legislature, and there was probability of
its passing if it bad not been for the San
Francisco delegation. who refused to give
their consent unless it received the approval
of the Board of Supervisors.
Supervisor Stewart MenZies came out to
see for himself, and l took him to Islais
Greek, and when he looked around upon
the scene of desolation he took off his hat
and said, My God! Such piece of ras-
cality-' That honest ScOtchman put his
hands in his pockets and walked off whist
ling the Dead March in SAUL and there
was nothing more heard Of the scheme.
Laughter and applause.l
Now this man Taber resurrects it, the
man whom Martin Kelly made chairman OF
the Street Committee. the man who has
bitten the hand that made him and be-
frayed his constituents. (Applause.l
There is o reason in the world for the
extension of the avenue. The property
owners don't want it, and il is nothing but
an outrage and steal of the worst kind.
tAPplause
1T is claimed that the survey is original.
II is nothing of the kind. The original sur
vey was made in 1868. and for distance of
about mile and a half il is public property
at present O'Shaugne5sy's survey is in
some instances 60 feet in others 20 feet.
and in one case 200 Ieet off the original sur
yey:
They talk about the value Of the land.
[ have dealt in real estate for the past thirty
years, and have no hesitation In saying that
The expenses of the commission would buy
the whole of the land.
eve must fight this Infamous job to a
finish. (Cheers and cries of ave WILT Let
us show these robbers that we are men and
will fight for our rights"
Mr.. Ricketts, concluded by moving the fol-
lowing resolution
Resolved That we The male members of the
Potiero-Ayenue Protesting Property-owners. do
meet tn body al the new City Hall on Monday,
the second day Of January, 1893, at O'Clock
p NJ, 10 attend the political funeral of Ali Bahia
Sanderson aud the other seven thieves, and In
order TO give grand and decorous solemnity TO
the proceedings that each member be supplied
with bright, new silver hsb-horn Ia 0Ider TO
perform the "Roeue's March" IN slow time and
make The occasion worthy and impressive one,
such az may inspire our future municipal cZars
with virtue and honesty.
The resolution was put and carried amid
laughter and the widest enthusiasm, which
was intensified when Mr. Ricketts, drew
from his pocket fsh-horn and blew a
blast that could have been heard miles
away or the marshes.
The secretary was instructed to order
supply OF fish-horns
LII was announced that another meeting
would be held on Tuesday night in the
South San Francisco Opera house. Railroad
and Fifteenth avenues. and the meeting adj
journed.
During the evening a large number of
names were added TO the roll Of member
ship. Seven hundred names have been
added within the past few days
PERSONAL NOTES.