The morning call., 1893-10-12

| or said ROBERTSON, tnab Sdlu row OF plleS. as
| driven stretched across the whole entrance to
| or front of said open. navigable r0adsead, and
Obstructed free navigation OF the same and Tree
entrance thereto; that said row OF piles. as
driven constituted and was public nuisance
as defined by the laws of The State of California,
Section $40, Penal Code; that said row
OF piles stretched In front of and across
large part about One-third OF the mouth OF the
estuary of San Antonio, stream long since
and now declared by the statutes OF the State
of California TO be of the navigable waters OF
and in said State; that said pilng was not in
ad of navigation or commerce. bur was IN vio-
lation of law and an obstruction to navigation
ard commerce as aforesaid. That no irrepara-
BILE injury can arise from said piles being re-
moved that the cost and value of each such
pile when driven anew Is and would be but
So, and the whole number thereof is less than
ninety. GEORGE Z. PARDEE.
Subs cribed and sworn to before me this 10th
day OF October, 1893. j. M. POSITION.
Notary Public In and for the County of
Alameda, State OF California.
After the reading. Judge Henshaw con-
sidered the questions involved for fully
an hour, consulting numerous authorities
and keeping up running fire of questions
and answers during the time. that would
have driven u layman Wild
After due consideration, he wrote the
following, handed it across the table, and
bade the party good night:
In the Superior Court OF the State OF Call
fornia In and for the county of Alameda.
The people of the State of California upon
the information and complaint of William II.
ii. Hart. as Attorney-General OF said State,
plaintiff, VS. Oakland Water Front Company.
city of Oakland, municipal corporation, ct
ais, defendants.
Upon reading the affidavit herein OF George
c. Pardee and it appearing therefrom that the
restraining order made herein on the 10th day
of October. 1898, ought to be vacated.
Ii is ordered that until further directed by
this court, The restraining order herein OF OctO-
Der 10, 1898. be, and the same is hereby va
Gated and set aside.
Dated October 10. 1893. IL O'clock M.
+. W. HENSHAW, Judge OF said court.
That little bit of paper was the clincher,
and armed with 1t the attorneys repaired
to the residence of one of the Cotton
Bros, the pile-drivers. ana they were told
| to repair to the front the next morning
! early and pick up the work which was
| so abruptly interrupted the day before.
Meanwhile there was great deliberation
in the railroad camp. The workmen were
in no hurry to get down the piles taken out
| by the city, as they felt secure with the
restraining order in their breast-pocket.
| The piles went down slowly. and each long
stick was given several extra punches and
made to sink deeper in the mud than be-
fore. This is the way things were
going when an other piledriver was
| seen coming out of the estuary in tow of
tug. This made the Southern Pacific
drivers stop moment but only for mo-
ment They supposed the moving pile
driver was being towed to some other
point. So it was. 1t moved around toward
the brOadgaage mole, and the railroad
men opened their mouths when the stran-
ger was swung around IN position ana
| commenced work on the other end OF the
row of piles. 1t was pulling them out.
too, and the rate at which it was drawing
! those ugly railroad teeth it would take
several wideawaks piledrivers to keep up
with it.
Deputy Sheriff Kellogg boarded the tug
Rival and went out 10 investigate the
matter.
"Ahoy on the puller" shouted Kellogg
"Well what do you want?" came back
| from the puller.
"By whose orders are you taking up
those piles?"
by order of the court" came the an
swer back from one of the pile-pulling
! bosses.
"Umph." was all Kellogg could say as
he stroked his long gray beard. His tug
steamed back to the wharf.
AS the Rival neared the mole Chief of
Police Schaffer appeared on the scene. He
whistled loud and long, and his whistle
brought an answer from Cotton Bros
th-puller. A boat put out and took him
across the water. He was rOwed to the
railroad crowd at the other end of
the row of piles and there served
Judge Henshaw,s last order. A dozen piles
had been replaced, but that en1ed ii. All
work was stopped Immediately. and the
| piledriver was Withdrawn from active op-
GRAFTON. but work at the other end went
merrily on, and each hour dozen of the
| long sticks were lifted up and allowed to
/ float laZily with the tide.
The railroad driver was towed away to
the shipyard in the afternoon at o'clock,
and the city was allowed to work.
To the ferry passengers the sight was
strange one indeed before the railroad
people had been ordered by Chief Schaffer
| to desist. A crowd at one end of a long
string of piles driving the long poles in the
water aud mud, and another crowd at the
other end pulling out the sticks as fast as
steam and machinery could do the work.
1t was not known exactly what was
being done until passenger remarked:
"Pll bet it's Pardee's work. He said he
would have those piles out, and he's keep
| ing his word"
When it was first learned In railroad
circles exactly what was going on the
wires were made to sing with messages.
The railroad people hardly knew which
way to turn.
When Judge Hensbaw was spoken to
about the matter he said: IAN order was
| issued to the railroad company on the un-
derstanding that the city had been served
with notice of the order, but it turned
| out shat they had not been so served: so
jurisdiction Of this court. AS soon as it
was discovered the other side admitted
that the city was not within the courts
jurisdiction.
At6 o'clock last evening every pile had
been lifted out of perpendicular, and was
floating idly in the bay. The railroad
driver had been withdrawn, and the city
pile-pulling crew was resting from its la
bors of the day, and a good days work it
was. too.
There was a terrific screeching of whis-
ties about o'clock last night from the di-
rection of the estuary, and many thought
that the waterfront fight was on again.
It turned out to be the tug of Cotton
Brothers. the firm that had been engaged
! by the city to take up the row of piles on
| the front, and the whistling was to get the
drawbridge open, so that they could get
through with the raft of memorable piles,
| $50 in number. which they had in tow
The bridge was opened after while, and
the piles were pulled through and anchored
at the Davie wharf. All was quiet on the
| front at midnight.
THE ARGUMENTS