The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-26
OCTOPUS.

lORICs LILO IoSuit 10 StiA 6AOAAouS'J N"SSA
tain"
The Southern Pacific Railway Company
endeavored, however. to force the ques-
ton of title upon the courts notice In a
persistent effort to bring the entire con-
troversy up on it's supposed merits. upon
a mere application for restraining order.
and so far there is this much certain: That
the court does not regard the question OF
title as being Immediately relevant. and
the only affidavits within the cognizance
Of the court in support of the
railroad company's claim are the original
two upon which Messrs. Brown. Moore
and Martin based their bill of complaint.
That does not preTent those willy masters
of the law from working them in. in some
way or other. though, and both Messrs.
Brown and Moore found occasion to read
extracts during yesterdays argument
from the very afidavits excluded.
The position assumed by the counsel for
defendants is very strongly fortified by
logic, whatever it may be by legal prece-
dent. 1t is simply this: The action COM
planned of is passed; therefore an in
junction cannot apply to that. No like
action is contemplated for the future;
The additional affidavits Of the city have
no status in the court as yet.
If. after the law points are thoroughly
sifted, it may be found necessary to take
up the facts of the case. the dispositions Of
living witnesses may be needed, though 1t
is lot quite clear what effect they can have
upon a contention for an Injunction when
the defendants have already admitted the
occurrence Of the acts alleged against them
and aver that they do not intend to repeat
such acts. but. on the contrary, will allow
the Southern PacificNto transact its bust
ness upon the Broadway thoroughfare the
same as any common carrier upon any pub
lie thoroughfare of the city of Oakland.
Nevertheless, the railroad company is APP
parently determined to force a considera-
tiOn of the question Of title by the adop-
ton of such tactics as will deluge the court
with testimony upon that point, despite
the courts attitude, because Horace w.
Carpenter was TO have appeared before
United States Commissioner Heacock at 2
o'clock in the afternoon to have his depo-
sition taken. Instead. however. the coun-
sci for the Southern Pacific appeared and
secured postponement until Friday at II
o'clock In the forenoon.
Attorney Brown occupied much of the
afternoon session. as we'll as nearly all the
forenoon, and his conten ton in nutshell
was that the Southern Pacific was in actual
possession OF the premises at the time. and
the city authorities could not right
fully have come there and pulled
down the cOmpany's fence and build
ings. If such an action was upheld
any dozen tramps could do the same thing,
anywhere, at any time, thought Mr..
Brown. With his head rising majestically
above some leather-covered volumes from
the Southern Pacific Library" he de-
nounced the action Of Mayor Pardee and
the Oakland city officials as a trampling
upon even the "Penal Code; that they
had spit upon law, spit upon justice, spit
upon precedent and followed their own
mad desires" The legal talent. which
principally constituted the small audience
present. manifested some amusement. Ac-
cording to Mr.. Brown. what the city Off
Gals should have done was to have passed
an ordinance calling for the removal of
the Instructions. and then it should have
served notice upon the Southern Pacific
OF its intended action. Instead of doing
that the officials had proceeded by stealth.
and had deprived the railroad of any op-
portuniiy to prevent their action.
In support Of his side Mr.. Brown offered
an abundance of authorities and pre-.
ceden ts-he even sent out and had more
volumes brought into the courtroom, and
he stuck to the point OF the railroad having
been in actual possession much like that
friend that sticketh closer than brother.
II. A. Powell followed him. in the city's
behalf. taking the position already alluded
to. namely. that an Injunction could not
apply to past deeds. and future acts Of
interference with the railroad company
were not contemplated. The argument
will be resumed again this morning.