The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-28
1T is SUBMITTED.
Arguments Finished in
Oakland's Case.
Attorney Moore Treats Waterfront
Committeeman Smell to Some
Very Hot Invective.

At last the argument In the Oakland
waterfront case has reached its end and
the application of the Southern Pacific
Railway Company for an injunction to
restrain the city authorities Of Oakland
from troubling that common carrier at the
Broadway wharf has been submitted for
decision to Judge McKenna.
For four days the United States Circuit
Court was the scene of debative conflict,
and the final volley was fired by Attorney
Moore for the Southern Pacific just before
o'clock yesterday afternoon. 1t was
very hot fire, too. that MIR. Moore poured
into the enemy's columns-a perfect tor
rent of sarcasm and denunciation-and 1t
must have exhausted about all the supply
of ammunition which this artist in the use
of invective possessed.
Chairman SMELL of the waterfront COM
mittee of the Oakland City Council was
made the special object of MIR. MOore's
wrath, Mr.. SHELLS name twice issuing
from the volcanic lips of the railroads
champion. Mr.. Smell was so conveniently
near the speaker that that fact of Itself
might have had a peculiar inspiration.
The other members of the Council also
came in for the sharp effects Of Mir.
Moore'S diatribes. and the august gentle
men who legislate for the falr city over
the bay were scathingly dubbed super
seryiceable" quadrupeds of the genus
equus-of that kind. however. that is de-
spised rather than admired.
Mr.. Pringie. for the city. concluded his
argument carly III the morning session and
the remainder of the day was monopolized
by Mr.. Moore. Both lawyers were we'll
read from number of decisions and Con-
tended that the Spokane case. quoted by
Mr. Moore, had no bearing upon the pres
ent controversy.
Mr.. Moore reiterated that oft-made
proposition that no law would uphold
anybody, whether a mob of city Off
Gals" or a mob of other citizens
citizen or corporation without first re-
sorting to legal means to Gust such citi-
zen or corporation. If the right claimed
by the city of Oakland were to be allowed,
he reasoned, then the Board of Super
visors of San Francisco might determine
that the Appraisers building was occupy
ing foot of public street. and forthwith
summarily proceed to tear il down as an
obstruction.
After the noon recess he com inued on
in much the same strain, and he did not
omit to endeavor to urge upon the court
that, il the temporary injunc tons were
not allowed and prolonged, there would
Dc great injustice QONo 10 inc IdliTOaQ cOIl-
pany, inasmuch as the city authorities
would Immediately assume possession Of
the wharf and drive the Southern Pacific
from the premises, thereby making any
future effort to have the city restrained
futile as to any intended equitable effect.
EShortly before the court adjourned a
sharp move was made by the counsel for
the Southern Pacific in having the Davie
Ferry and Transportation Company re-
moved from the list of defendants. 1t Is
believed that the railroad never had the
slightest case against the Davie Company
and was only trying to bluff its little rival,
and an explanatio of yesterdays move in
having the case dismissed so far as the
DAVE Company was concerned seems TO
be gwen in the fact that the opposite on
ferry people were about to put Horace W.
Carpenter upon the rack and force him
iaio giving such evidence as would knock
out some of the underpinning from the
Southern Pacific's structure Of title. MIR.
| Carpentier is down upon Commissioner
Heacock's tab for testimony-taking this
afternoon, however, wha tever may be the
nature of his statements and whichever
side is to get the benefit of them.