The morning call., 1893-07-09
IN THE COURTS.
Suit IS Brought by the
Southern Pacific.
A PECULIAR PROCEEDING.
Damages Asked From: Private
Individuals.
PARDEE FIRn AT HIS POST.
Electric Light Posts Placed on the
Coutroverted Premises and Holes
Dug Under the Tracks.
'ARDEE FIRn AT HIS POST.

j
which has become such a practice with big
railroad corporations, but there are some
variations about it which give it peculiar
interest.
LitigSti) IN has taken the place OF force
in the controversy between the city OIL
Oakland and the Southern Pacific Railroad
Company over the possession OF the Ioot
OF Broad way, and the dispute mas oeen
transferred to the courts.
1t was expected that the railroad COM
pany would do something OF the kind, but
the peculiar tactics which 1t has at last
resoTsed 10 are Of rather surprising
nature.
Il does not bring injunction proceedings
against the city of Oakland to restrain
that nun cipality from further interior
enee with the plaintiffs claims to the dis
puted property; no, it does something
quite out Of the common, as railroad law
suits aga nst public officers acting in be-
half Of their municipal corporations
usually Ga; it brings suit against Mayor
Pardee and his energetic coworkers for
personal damages, making them de-
Pendants in their private and individual
capscitie as citizens.
The an cunt?
Only $4,000; but that is minor consid-
Grafton With the plaintiff. duly incorpo-
gated nEder the laws of Kentucky. What
1t wants Is to establish that it has legal
title to the water front at Broadway, Oak
land. and that George G. Pardee mot
Mayor in this particular If you pleased
and certain other gentlemen committed
trespass, for which. contends the plaintiff.
they should be held pecuniarily liable.
And liable for what? For removing Ger.
tain distractions from the ends of promi-
nent thoroughfares; for injuring the rail-
road company's property and interfering
with Its business as common carrier.
The complaint was filed by Attorneys
James G. Martin and A. A. Moore for the
Southern Pacific Railroad Company with
Clerk Costigan of the United States Cir
cult Court yesterday afternoon.
The defendants named in the document
are George c. Pardee. W. G. Manuel, A.
Barstow. f. B. Smell, II. T. Dalton. w. A.
Dow. T. G. Harrison. II. Maloon and j.
F. Towle
After stating the plaintiffs corporate
status and its business as a common car
rier the complaint sets forth that before
and until July the plaintiff was in actual
and exclusive possession, use and enjoy
mept of a certain tract of land, describe
In detail lying situate between the east
erly and westerly line of Broadway street,
Oakland. where that thoroughfare reaches
tidewater, together with the improve
ments thereon, to wit: a ticket Office,
Enclosure. gates, posts, fences and strlc.
lures, wharf. a slip, storshouses and
railroad tracks. and steamship landings,
all of which said property was and is
proper and necessary for the transaction
of its business as such common carrier, as
herein before charged; and. it is further
averred, that the plaintiff had in its said
ticket Office a safe. railroad and ferry
tickets. money and valuable papers and
documents.
Then follows the following allegations:
THAT on or about the said 9th day of
July. A. d. 1893, and while the said plaintiff
was In the possession and use of said prop
erty, as herenbefore charged, the defend
ants. unlawfully and wickedly, desiring
and intending to injure and damage the
plaintiff. unlawfully and malciously con-
federated and conspired together to injure
and destroy the aforesaid property and to
interrupt and destroy the business of plain
tiff and to prevent it from transacting its
business as such common carrier: that in
pursuance of such designs. Intentions,
confederacy and conspiracy said defendants
did, on or about the said 9th day of July,
1893, with strong hand and multitude
OF people melted and directed by defen d.
ants. and with great force and violence,
entered into and upon said parcel and tract
of land and did malciously break down,
injure. destroy and remove the improve
meDts thereon. and did for long time in
terrupt the business of said plaintiff, and
did remove therefrom its said ticket office
with all its contents. including a safe
tickets, money and other pro perty. and did
remove therefrom Its freight, which the
plaintiff was engaged in landing on
said wharf. and did remove there
from its said cars, at that time
on said wharf for the purpose of
discbarging freight, and did greatly injure
and damage said wharf. and did remove
and tear up its railroad tracks, and did
remove and destroy its property and i'm
provements. and did deprive the plain tiff
of the use and enjoyment thereof, and did
for long time interrupt and prevent the
plaintiff from transacting its business
aforesaid.
"That by reason of the unlawful and
malicious acts of the defendants. as here
inbefore charged, plaintiff has been greatly
damaged, 10 wit: In the sum of thirty
thousand $3.50, 0O0 dollars"
The usual prayer for an award of dam
ages is made at the end, and besides the
signatures Of Messrs. Martin and Moore,
as attorneys. those of w. F. Herrin and
ID. 3. Brown are attached as counsel. A
verlhcation by G. l.. Lansing is subjoined.
and the document was sworn to before
Notary E. b. Ryan.
Mr. Henry Maloon. named in the COM
plant as one OF the defendants, is the
License Collector of Oakland.
The paper was no sooner filed than
summons was placed in the hands of
United States Marshal Long. with instruc.
lions to serve 1t upon the defendants as
soon as possible.
This is only one line of attack" saw
the Southern Pacific attorneys. though
what their other is they will not tell.
Other complaints of different Character
are being prepared, and in few DAYS
they will probably also be fled
Perhaps an attempt will be made to en-.