The morning call., 1893-12-19
THE GATES TO GO.
SO Says Oakland's City
Council
By Vote of to 5-Other Ordinances
Are Finally Passed-An OFF,
GER on Guard.

OAKLAND The City Council held {
rather busy session last evening which wa'
characterized by marked degree OF actlV
ity. All of the members were present, a:
well as rather extensive lobby. for 1T h &C
been anticipated that some OF the railroad
legislation would be up for discussion.
For the first time in the history of the
Oakland City Council a uniformed police
man was present in the council cham oel
for the purpose of maintaining order. This
new officer will be known as the baillf.
will be his duty TO see that the lobby does
not express itself too forcibly when heated
discussions are on.
The first matter TO come up was the re-
port of the commissioners for the opening
of Commerce street. The Council finally
decided to accept and approve the report,
and did SO by a vote of 6 to o. Inis set
ties long fight that mas been pending for
two years, and insures the opening OF ore
of the broad avenues OF East Oakland
early during the coming year.
Under suspension of rules the final
passage Of ordinances was taken up. The
first business transacted under this order
was TO place upon its final passage the
Dow anti-gate ordinance, which has special
application to the gates in use on the
Seventh-street branch of the Southern
Pacific.
Mr.. Barnard arose and made an argu-
ment against the gates.
Mr.. Smell moved that the ordinance be
referred TO the City Attorney for an
opinion.
Mr.. Dow spoke in support of his ordi-
nance, and said that it had hung fire and
been considered long enough. and he
thought it was fully time to dispose of it.
Barnard-If this legislation proves in-
valid We will regret il. Suppose that
when we order these gates of the railroad
company gets out an injunction against
the city on Top OF all orr other litigation? !?
Have we not enough Of law now? | arise
to second Mr.. SneIPs motion TO refer to
the Citv Attorney for an opinion.
Mr.. Heitman said he would like to see
the matter go to the City Attorney for
further consideration. In answer 10 R
question by Dow he said he would vote for
il il it was declared legal.
A vote was taken on SnelPs motion, and
resulted In 6 for to 8 against. This vir-
tually knocked the ordinance out, and
everybody was surprised until MIR. Mar
shall arose and said he had made mis-
take and intended 10 vote the other way.
This put different face on the affair. and
the chair declared the motion lost.
The ordinance was again taken mp for
final passage, aud Mr.. Barnard made an
other long speech against it.
The vote was finally taken and the ordi-
nance passed by the following vote:
Aves-Capell. Manuel, Dow. Marshall,
Dalton, TOwIe-6; noes-Barnard. Wat
kinson. Smell, Heltman, Barstow-5 Mr..
Hsitman arose to change his vote, so as to
move for a recon sideratiOn, but the chair
man ruled that the point as not good on
the fin al passage of an ordinance and Mr.
Hetman submitted.
The ordinance opening Seventeenth
street to the bay was finally passed in the
face of the railroad protests.
After the vote on these ordinances Mr..
Capell asked 10 be excused. He has been
quite sick for some time aud only came out
last night TO register his vote ou the gate
ordinance.
Previous to the Council meeting last
night caucus was held in the office of
Mayor Pardee to discnss the answer of the
City Attorney TO the complaint sworn cat
by The Standard Oh Company in its in
junction proceedings against the city for
attempting to move the oil storage ware
house out of the county.
Messrs. Smell, Barnard and Barstow
were not in favor, they said, of putting
the city TO any further expense for litiga-
tion. and would not put their signatures to
any document 10 fight the big oil concern
The location of the warehouse of the
Standard Oil Works has been a constant
menace to people living in West Oakland,
and their Councilman from the district.
Mr. Dalton. finally got an ordinance
through compelling the removal of the
works, but the Standard Immediately con-
menced legal proceedings 1t threw down
the glove for fight with the city, and it is
thought that even without the willingness
of the three CUuncilmen mentioned the
city will take up the challenge and fight to
the end.