The morning call., 1893-07-09

if he does otherwise he acts upon his own
opinion upon that point in nut
she'll; and SO far as that went
Mr.. Johnson bowed his head in affirma-
ton when he was asked If the consensus
of opiDi ion of the bar did not amount to
that. Tie point to be determined. then.
is whether Mayor Pardee ct. al acted
lawfully or not. If they did they acted 10
their official capacities as officers and
agents; if they did not-well, that Is q
question for the Federal tribunal to deter
mine. 1t would appear. though, that the
move of the railroad comrany is very
sharp one, as it seems to lay the burden of
proof upon the defendants to establish
the legality of their acts.
1t was not very long while after the
news of the suit reached Oakland that
Mayor Pardee was found at his desk. The
following conversation between him aud a
CALL reporter took place:
Mayor, you have removed certain OBJ
structions from what you had reason to
believe to be public street, did you not?"
I'VE did,"
"And you desisted from further action
because of the notice served upon you by
the Southern Pacific's representatives"
1--WE did,"
Then the matter stands Just like this
You are now waiting to see what action
the railroad Will take?"
Yes. let them fight awhile"
'But suppose the railroad company does
not commence any action in the United
States Circuit Court owing the Judge Nc
Kenna's delicate position in having been a
close friend of the late Senator Stan
ford?"
"Well?"
Twill you follow up your plan Of oper-
ations?"
Probably; we expect to-"
''If you did right in removing the other
distractions from what you con tend to be
public street, why don't you have those
mud sc0ws put away from the wharf and
make a clear passageP
whats the use of being In hurry?"
Twill you try to collect wharfage from
the railroad company"
Eve will"
'Will an effort to that end be made this
afternoon"
Probably"
But the Mayors face talked more than
his tongue.
1t was very evident that be knew he
was to be quoted. and his position was of
such peculiar nature that. although it
was quite likely no attempt would be
made yesterday to enforce the collection
OF wharfage the Mayor could not publicly
say so. At any rate no such attempt was
made.
Nevertheless something else, equally as
startling, perhaps, was done later in the
afternoon.
An electric-light lineman, by name
James Gallagher. with couple of able
assistants, went down to the foot of Broad
way and Immediately commenced to put
up two electric-light poles. one just to the
right of the Alameda slip, the other al
most to the edge of the wharf, sQuarely
upon the alleged Improvement of the liti-
CANT railroad corporation.
Division Superintendent Wilder was
present. and so was Construction Fore
man Daniel Robertson, and Special Dep
ty-that is. Railroad Deputy-KeIlogg.
Mr.. Robertson went I'D to Mr.. Gallagh er
| and said: 81 prohibit you las represent
tatlve Of the Southern Pacific Railway
company understoodD from putting up
these poles on this property"
But Mr.. Gallagher had his authority.
Acting upon the advice of Chief of Police
Schaeffer. he had procured written in
structlons from the Mayor to put up the
poles He went ahead accordingly, and
planted them squarely upon the contro-
verted premises. and the request made to
the Chief to protect the railroads. propertv
availed nothing. That request. like the
protest OF Mr.. Robertson. was, doubtless,
only nominal to fulfill the supposed legal
requirements of some resistance.
Superin tendent Wilder and Messrs.
Robertson and Kellogg held brief confer
ence in the warehouse and soon after ,hey
emerged.s Mr.. Wilder was Intercepted
upon the railroads attitude aud what it
contemplated doing.
"We ara aimplv hArA0 answarod ba