The morning call., 1893-10-11
Oakland Again Uses Force
Against the Railroad.
CITY GOVERNMENT ACTS.
Destruction of a Part of the
Marine Fence.
INJUNCTION THEN SECURED.
Jud0a HeuShaw Tells fhe MuricinaI-
INJUNCTION THEN SECURED.
Judge Henshaw Tells the Municipal.
ity to Keep Hands Off Until
the Suit Is Tried.

Yesterday many of the piles that were
driven in such haste the first of last week
on the Alameda shore were pulled from
their watery bed and are now floating on
the bay, instead Of standing up endwise. as
a menace tonavigation and an indication Of
what the great corporation would like to
claim.
These piles were pulled by order of the
Oakland city government; they may be
replaced, for the State courts have stepped
In and said hands off until the suits are de-
termined. Some way the Southern Pacific
seems to get the best of it when il comes
TO judicial matters, but that is probably
due to the laws popularity.
It was decided on Monday to remove
these distractions and the necessary steps
were taken after sunset. a piledriyer be-
longing to Cotton Bros. & Co. was taken
from San Francisco with force to man it,
and OakIand's Chief of Police was in
structed to have number of special men
ready at midnight.
Acting under the advice of its attorneys
the following method was adopted TO
legalize the action: Just before the Coun-
ell adjourned on Monday night resolution
was introduced by Mr.. Smell. 1t read:
Resolved, That the piling within this city
during the last ten days within the naylgable
waters OF the bay OF San Francisco between the
mole and the north training wall be and it is
hereby declared a public nuisance aud an
obstruction 10 navigation; and that the pTesi-
dent of this Council and the chief executive
officer OF the city be and they are hereby
authorized and requested TO cause the obstruc-
tiOn to be removed and 10 take such steps and
proceedings in the premises as may be proper
70 Tr0 aaf "a OF ha nd a mn n
and that TO that end the City Attorney and
special counsel OF the city be consulted.
This resolution was easily adopted and
no one in the lobby paid any attention tt
it as there was no discussion, the question
having been disposed of in caucus. In an
anteroom Mayor Pardee was waiting and
be. at once told Chief Schaffer what 10 DO
with the special men. They were placed
under command of Captain Fletcher and
ordered to board the tug Elizabeth. which
would take a pile-driver out in the bay.
They were also instructed TO see that no.
body interfered with the men on the pile
driver who were going to carry out the Or
ders of the city government. The latter
instructions read as follows:
OCTOBER 9. 1898.
Messrs Cotton Brothers d Co.-GENTLE-
MEN: In accordance with Council resolution
No. 10, III, passed this day, we have the honor
TO respectfully inform you that we have been
to cause the removal of the piles lately driven
in the city of Oakland in the navigable waters
of the bay OF San Francisco, between he mole
and the northern tralning-wal at The mouth OF
the estuary OF San Antonio.
Under the power conferred upon US By that
resolution. We hereby authorize you, in the
proceed 10 remove the piles above mentioned
and to secure chem in some safe manner and
place. Very respectfully,
GEORGE c. PARDEE, Mayor.
JOHN + IOWLE,
President of the Council.
The expedition started forth at l o'clock
yesterday morning. A tramp walked up
and yawned as they we're leaving the
wharf, and he was taken on board so that
he would not give the alarm. The Eliza
beth towed the driver out, and it was
anchored north of the training wall beside
the first pile which had been driven by a
Southern Pacific machine last Sunday.
Fires were lighted and-steam was made in
the drivers boilers. Shortly before day.
break all was IN readiness, log chain
was fastened to the top of the first pile,
the other end being attached to the short
end Of lever. The long end of the lever
was fastened by another chain 10 drum
connected with the machinery. Steam was
turned on, the driver settled herself in the
water as man braces his feet. then in
moment the pile was seen to move. slowly
up Ii came, until with a swish 1t was out.
1t proved a good deal easier to extract the
marine teeth than to drive them.
Merrily the work went on, and the police
on the Elizabeth stretched themselves out
IN the cabin aud took a nap.
Soon after O'Clock the Southern Pacific
tug Rival began nosing around. She
steamed up near the driver, and the man
on the Elizabeth who was on watcn gave
the alarm; the bluecoats FASTENED on
deck, whereaJ the Rival scoOted off For
ad
They could see that they were being ex-
amined closely by railroad officials who
brought marine glasses to bear upon them
from the Darrow-gauge and brOad-gauge
moles. The word was also carried ashore
and many a person walked out the long
wharves to see the operation. while a
crowd of curious assembled on shore to
witness all it could from that distance.
The officers of the Davie boats Alvira and
Rosale also "caught on" and applauded
the workers with long, shrill blasts of their
whistles as their boats went in and out OF
the creek.
But at 10 o'clock there came a little in
terrupton. The tug Rival was seen to
again cast off its lines from the mole, and
it came at full speed toward the driver.
At the same time Captain Fletcher or
dereG the Elizabeth to move up closer, so
that he could render assistance II neces-
sary. In a saucy manner the Rival
pumped Ill 10 bUc uTlVtI. ublDH quite llLLle
damage, and Attorney j. E. Foulds called
out from the deck of the Southern Pacific
tug:
by what authority are you tearing up
those piles?"
The question was addressed TO Captain
Fletcher, who replied: II haven't pulled
up any piles. ] have been taking nap"
Mr.. Foulds then put the question to W.
Cotton. who was on board the driver, and
he showed the written authority handed
him by the Mayor.
s'Very well. we will see about il, said the
attorney. and he ordered the captain of the
Rival to put back to the mole. But when
the tug collided with the driver her pro-
peller became entangled in a rope and it
was half an hour before the men ON board
could free it. Meanwhile, Mr.. Foulds was
consulting with several Southern Pacific
officials on board, and when the Rival vas
finally cleared and started away he called
out:
.'In the name of the waterfront COM,
pany l order you to desist destroying its
property"
Nnttnn nnIu su1ilod ond inst