The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-11
THE LATEST MOVE.
Injunction Suit by the
Railroad.
PLENTY OE DEFENDANTS.
Smooth Work by the Oakland City
CounCiI-ItS Eye on All the
WharVeS.
PLENTY OE DEFENDANTS.


cult Court issued a temporary injunction
Yesterday restraining the Mayor. the
Council of Oakland and other parties
from interfering with the Southern Pacific
Company in it's alleged right of possession
to tine Broadway wharf. The order to
show cause was made returnable August Z.
The Injunction was issued upon bill OF
equity filed by the Southern Pacific Com
pany against the city of Oakland; George
c. Pardee, as Mayor; W. E. Barnard.
r. B. Smell, John F. Towle. II. P. Dalton,
c. K. Marshall, w. G. Manuel. w. ID.
Hoffman, G. Barstow, W. Waiklnson,
W. A. Dow. T. G. Harrison, e. B. Ruther
ford, j. L. Davie, Davie Ferry and Trans
portation Company. J. NJ. Bassett and
j. r. Capell.
The complaint sets forth that on Feb
ruary Z. 1892 Coils P. Huntington was
and for many years heretofore had been
the owner of an undivided One-fourth part
of certain lands and premises situate,
lying and being in the city of Oakland.
Then follows a detailed description of the
land and premises with the boundaries,
Broadway street, Oakland. where 1t inter-
SectS the water front.
The bill next reeites that on said date
q decree was entered in the Circuit Court
was adjudged that c. p. Huntington was
the owner of an undivided one-fourth
part of the estate. and by the terms of said
decree the city of Oakland was forever
debarred from asserting any claim what
ever in said land; that by conveyance
from c. 2. Huntington the Pacific I'M
provement Company acquired the title
thereto, which premises on July l, 1890,
the Pacific Improvement Company leased
TO the Southern Pacific Company, and on
July 8. 1893, renewed the lease for the
further term of five years from Janu-
AIRY 1, 1895.
The actions of the defendant on July 6
are set forth. George c. Pardee is de-
scribed as the Mayor of Oakland, each
Councilman being also named in connec-
ton with his office. Harrison is described
as the Superintendent of Streets and
Rutherford as wharflnger. The Mayor
and the Councilmen and these officials
are charged with leading and melting a
large body of men 10 riotOusly, violently
and with force and arms tear down fences,
build bulkheads, dig pits and forcibly OBJ
struct the passage of the company's cars
upon their tracks. The Davie Ferry and
Transportation Company, j. L. Davie and
j. M. Bassett were charged with aiding
and abetting the city of Oakland and the
Mayor and City Council in the work of
devastation.
1t is alleged that the city of Oakland has
acquired no estate in the premises since the
decree of the Circuit Court in favor of
Huntington; that the defendants have en-
tered Into a conspiracy TO exclude the
Southern Pacific Company from the prem
Uses, and that the Davie Ferry and Trans
portation Company and j. NJ. Bassett,
unless prevented by an injunc ton, will
enter in to and upon said premises, under
color of authority from the city of Oak
land, and occupy the same TO the irrepar-
olI i,,ip Of no
pay.
The next allegation is that the Mayor
and Council Of Oakland threaten to pass
orders or resolutions purporting to author
ize the Davie Ferry and Transportation
Company to take possession OF the prem
ises and threaten to arrest and liDprison
any and all servants of the Southern Pa
cifc Company who may attempt to replace
their tracks or structures.
After stating that the interest of the
plaintiff in the premises is $4,000 eXclu-
sive of costs the bill concludes with the
following prayer:
your orator prays that the said city of
Oakland may be required to set forth in
its answer the nature of its claim or
claims and that all adverse claims
OF said defendant be determined by
a decree of this honorable court and that
by said decree it be adjudged that your
orator is the owner of a Ieasehold
estate in the undivided fourth part of said
premises, and that said defendant, tile
city of Oakland, has no estate or interest
whatever in or to said land as against
your orator, and that each and all of said
defendants, their successors in Office and
their agents and servants, be perpetually
enjoined, restricted and debarred from
asserting any claim of title or control on
the part of said city of Oakland adverse to
the title of your orator, and from In any
manner interfering with or disturbing
your orators peaceful possession of the
whole of said real property and premises
and every part thereof, and that your
orator may Immediately have writ of in
junction issued out of this honorable
court, under the seal thereof, command
ing the said defendants, and each OF them,
their agents and servants, to refrain from
in any manner interfering with or dis
turbng your orators peacea BILE enjoyment,
use and possession of the whole and every
part of the said real property and prem
ises, or from wasting or destroying any
erectons or improvements thereon, pend
ing the determination of this court, and
further relief as 1t may be entitled to, and
for general relief.
And your orator prays that your HOnorS
will grant unto your orator the writ of sub
pena Issuing out of and under the seal of
this honorable court directed to said de-
PENDANTS, commanding them and each of
them. under certain penalty to be therein
inserted, to be and appear in this court on
certain day, to be therein named. and
then and there TO answer the premises,
but not under oath (oath to such answers
being hereby waived. and further to stand
to and abide such order and decree as shall
be made therein agreeably to equity and
oigood conscience. And your orator will
. hl7er pray, etc"