The morning call., 1893-10-12
ALL PULLED OUT.
Judge Henshaw Vacates
His Order.
ON A SHOWING BY PARDEE
The Marine Fence Removed by the
City of OakIand-All Quiet
on the Front.

on the Front.
The city of Oakland appears to be in
pretty good hands. Thrown out of equi-
librium by the sudden move of the railroad
company in having issued restraining
order by the courts and stopping the pile
pulling, Mayor Pardee and the city author
tiles gathered themselves together again
and by midnight of Tuesday had the au-
thority of the court to continue to phil
piles, and this morning will see clear water
between the broad gauge mole and the
training wall, where all week has stretched
an ugly row of piles. put there by the
great corporation to make stronger its false
claim to the Oakland water front.
Judge Henshaw's restraining order of
Tuesday stopped pile-pulling and gave the
railroa company permission to put down
again those pulled up by the city. AS soon
as the news got out word was sent to San
Francisco for Mayor Pardee. He gathered
together the San Francisco legal end of the
city's workers, Messrs. Powell & Pringle.
and conference was fixed for the evening
at the law Office of Davis & Hill in Oak
land.
It was early In the evening when the ses-
sion commenced, and there were present
Mayor Pardee, President of the Council
Towle, City Attorney johnson and
Messrs. Hill. Davis. Powell and Pringle.
The meeting was known to but few.
but CALL man got on the trail. A knock
at the door brought forth the worthy
Mayor. Knowing his visitor as a newSpa-
per man he said on the instant:
II know nothing new and haven't time
to talk. l am too busy just now for any
thing"
the Mayor out. and he went back TO the
conference. In the course of an hour,
however. when the midnight hour drew
near, the workers for the city filed out and
into the street and made off in hacks in
different directions on their mission. All
roads led to Judge Henshaw's residence,
and that jurist was raped out of sweet
slumber and dreams of the Matheny case
to listen to strange proceedings.
In his well-stocked library he received
the legal lights and heard from them
presentation of their case ard the reading
of the subjoined Affidavit of Mayor Pardee:
STATE OF CALIFORNIA, Lee
COUNTY OF ALAMEDA. 90
George c. Pardee, being duly sworn, deposes
and says that he is and at the commend cement
of this action was the duly elected, qualified
and acting Mayor OF The city of Oak kland; that
the line of piles mentioned in the affidavit of
Daniel Robertson in this cause consisted Of a
| row OF unconnected piles within the city or
Oakland. set and driven from forty TO fifty feet
| apart each from the other along and In said
row or line; that the place or line whereon
| said piles were driven Is and ever was wholly
! within and under the navigable waters of the
| bay OF San francisco: that the land
| wherein said piles were driven is at and
along the entire length Of said line Of
! piles always covered by said navigabe
/ walers, even at extreme low tide, to the depth
| of many feet. and 10 depth such that at,
| upon and along said line, its entire length, said
waters ever were and are navigable waters of
! the bay of San Francisco: that the said line OF
piles ext nded from point on the mole (men-
! toned in The affidavit of said Robertson, and to
pont in the training wall mentioned In said
aft daviD at and along line about two miles
westward from the line OF ordinary high tide
on the opposite or eastern shore of said bay,
that is TO say, said piles were driven along
which line was TWO miles or thereabouts
westerly from the opposite or eastern
| shore-ine OF said bay that the depth OF
! said waters at and along the entire length OF
said row Of piles was at all times. and is now,
16 feet or over at ordinary hihg tide aud IL feet
! or thereabouts at ordinary low It'd that all of
said piles were driven after the 28th of Septem-
! Der, 1893, and that up TO the time when said
| piles were driven Sea-going vessels engaged Ia
| commerce and navigation upon the Pacific
! Ocean and the waters of the bay of San Fran
| cisco were and always had been accustomed 10
navigate said waters at every point on
| and along said line where SAID piles
were driven and between said line and
the eastern shore OF the bay; aud the
| said place and every part thereof was al
ways. prior 10 the driving of said piles, open
| and unobstructed and was an open rOadstead
! for navigation directly in front of the city of
| Oakland, and that while said piles were being
! driven, and until and when part thereof were
! removed Gas complained of by the waterfront
! company hereln). sea-gOing vessels. occupants
! engaged IN navigation and commerce, were ly
Ing al anchor between said line or row Of piles
aud said eastern shore of said bay, said train
| ing wall and said mole; that said vessels were
| and are each of $50 tons burtheD, or there
| ab0uts, and plying in the waters and said wa
! ters of said bay and OF the Pacific Ocean;
| issued in this cause before October 10, 1898,
| has ever been served upon defendant, the city
OF Oakland; that The restraining order men
toned In said affidavit OF said Robertson never
| yet has been served upon said defendant, the
city of Oakland; that no summons or complaint
or other paper or document in or pertaining to
| this case has be served upon said city de-
| fendant or by copy or otherwise, except only
| that Today. October 10, 1893. a copy of
| restraining order of this date, modifying for
mer restraining order In the Case. is served
| upon her without any previous service of any
| notice or paper in the cause and so far as
| she is concerned, without hearing of any kind
thus far in the case; that The original restrain
| ing order in this cause did not restrain or at
! tempt 10 restrain the said city from doing any
ac or thing complained OF as done by her; that
she has not violated any provision or word of
any order ever made by this honorable court;
that the original restraining order herein re-
strained only the fencing i'll of any part of the
water front OF said city or OF the land described
in he complaint therein and from driving piles
therein or thereon, but 1t contained nothing
whatever preventing the city of Oakland from
removing piles or distractions from said navl-
gable waters which is all she has done or
caused to be done; that said city never has
employed any person or company TO destroy
or carry away said line Of piles piling or any
part thereof; that there is now pending In this
court ano her action wherein the said city of
Oakland is plaintiff and said Waterfront Com