The morning call., 1893-10-11

swish up came another pile. The Rival
darted toward shore and The lawyer pro-
ceeded uptown, where he met certain other
Southern Pacific officials who had been
summoned from the city.
When the Alameda County Superior
Court was opened In the afternoon an ap-
plication for an injunction was made by
the attorneys for the railroad. and the lol-
lowing order was Issued:
In the Superior Court of the County of Ala
media.
The people of the State of California, upon
the information aud complaint OF William FL.
II Hart, as Attorney-GeDeral OF said state.
plaintiff, VS.. Oakland Waterfront Company. a
corporation city of Oakland, municipal cor
poration, etalS., defendants.
Upon reading and filing the affidavit OF Dam
iei Robertson. filed this day In this cause, and
il appe ring therefrom that since the former
order OF Injunction and restraint herein that
the defendant, the city of Oakland. acting by
and through firm called Cotton Bros. Co..
are now engaged in changing the status of the
land subject OF SAID suit and the partle-
thereto, and are pulling up, destroying and rse
moving line of pling placed thereon by the
defendant, the Oakland Waterfront Company.
before the commencement OF this action.
Now, upon motion of j. E. Foulds, counsel
for defendant, Oakland Waterfront Company.
appearing specially for that purpose, il Is by
the court ordered, additionally and supple.
mental 10 the former restraining order In SAID
cause, that the said defendant, the city OF Oak
land its officers. servants, and agents and em-
pOyeS, and every one aiding or assisting the
said city, do absolutely desiSt and refrain from
pulling up, tearing down or removing the line
of piling extending from the Oakland mole 10
the north training wall described In said am
daviI OF said Robertson. and from using. occu-
pying or taking possession thereon, and that
this Injunction continue until further order OF
the court.
And farther to the end that the property and
parties may be restored to the conditions exist
fny hafO ar ba n fOrmer order
and injunction and restraining order OF date
October 6. 1898, Is modified 10 the extent that
the said defendant, The Oakland waterfront
Company. is permitted TO restore all plling torn
down. removed or destroyed by the said city OF
of Oakland upon the llue described In the af11-
davit OF said Robertson.
Said defendant, the city OF Ookland. Is ordered
TO appear before the Judge OF Department OF
the Superior Court, october %, 1888. at 10
A. NJ, 10 show cause why an order OF Injunction
pendente lite should not issue herein.
f. w. HENSHAW, Judge.
The restraining order was given to q
deputy sheriff at 2 P. NJ, and he was at
once taken by the railroad officials on the
Rival to the point where the pile-eXtractor
was at work. Arrived. the courts order
was read to Mr.. Cotton. who at once had
steam shut off. and he and his EN- ployes
returned to Oakland on the Elizabeth.
Copies of the document we're served on
Captain Fletcher and Chief of Police
SCUdueI, anu ldbCl III tuO 0a1 upNu
Mayor Pardes and President Towle of
the Council.
1t will be seen that the courts order
allows the replacing of the piles. Judge
Heushaw explained his position by saying
that in the suit brought by the State the
city of Oakland is one of the defendants,
and hence should not disturb the status
existing at the time of the original order.
But that pile-eXtractor worked well
while it was at il yesterday. and two
thirds of the piles that extended from the
broad-g gauge mole to the north training
wall have been removed.
Until late hour last night Mayor Par
dee, Attorneys Davis & Hill and City
Attorney Johnson were closeted in Davis
g. HIll's Office examining closely into the
legal status of the waterfront cases as
they stand at this time and seeking in
some way to find means for odiying the
restraining order of Judge Henshaw,
which stopped the pile-puling on the
water front. 1t was nearly midnight
when the meeting broke up. but nothing
could be learned as to what conclusion
was reached.