The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-12-24

The railway company gave no intimation
that it would again attempt to seize the
franchise of that little piece of Market
street which was not granted IN its original
charter. 1t was but feigning sleep, how
ever. Yesterday morning at 10 O'Clock
Colonel Charles +. Croker and A. n.
Towne of the Southern Pacific appeared
before Judge A. A. SandersOn of the Su-
perior Court armed with their franchises
and a roll of affidavits, praying that an in
junction be granted them restraining the
Street Superintendent and Chief of Police
from interfering with their laying the con-
Meeting piece of track.
The petition cited that if the road were
not allowed to complete its line yesterday
its franchise. by limitation, would revert
back to the city. Judge SandeIson took
granted on December %, 1890. TO the Ferry
and Cliff House Railway. and by IL
transferred by act of sale to the Market
street system. The conditions under
which 1t was granted was that work on the
line would be commenced within one year
from its date of issue ana that it should be
completed and in operation three years
from date. 1t gave the holders the right
to construct and operate on Eddy street
an electric line, from Devisadero to the
intersection OF Eddy and Market.
On the construction of this last sentence
claim the intersection of Eddy and Market
means where the northern boundary line
Of Market street joins Eddy. If this be
true then the railway franchise does not
permit OF the laying of tracks beyond the
western boundary line OF Market street
On the other hand the railway people
claim that it means any point on Market
street to the southern boundary line of the
street.
After reading the franchise and review
Ing tile facts presented him In the South
ern Pacfic's petition, Judge Sanderson
granted the prayer of the company and
issued the Injunction.
At about 1870 o'clock little group of
laborers assem- led at the corner of Eddy
and Powell. Half an hour later Superin-
tendent S. Elm and Chief Engineer George
Ii. FaiTchilds, with two wagon loads Of
men, arrived and in less than five minutes
cObble-stones and dirt we're being banked
up high on both sides of where the con-
Meeting line of track was TO be laid. The
gang at o'clock numbered about twenty
five men. but every man who happened to
pass along the street and apply for work
was given job, so that by 2 o'clock eighty
men were working as for life or death.
The starting point was at the edge of the
north track of the Folsom-street line and
work continued toward Eddy street. This
was the portion of the street against the
tearing up of which tue city officials were
making the fight, and lest some legal pro-
ceediDgs should stop the work before it
was entirely completed this portion was
rushed to cOmpletions By o'clock the
north Folsom-street track was connected on
Market street and tho spur run as far as
the northern line Of Market street. Then
the crossings over the Market-street cable
lines were laid and the gang transferred
to commence work on that portion of the
junction line on Eddy street not in dis
pute.
1t was 30 p. NJ before the news of what
was going on reached the Mayors and Su-
perinteDdent of Streets Offices. A hur-
ried consultation was held in the Mayors
Office. and in company with City and
| County Attorney Creswell the two officials
repaired to the chamb ers of Judge San
derson. To the Judge the Mayor ex-
| planned that the railway company was,
| under his restraining order, effectiDg a
steal from the city and obtaining a line Of
| street railway for which they had no fran
| chise. A petition was made that he issue
n modification of his injunction allowing
the railway company to construct its
track as far as the northern boundary of
Market street, but no farther. After lis
teniDg to the arguments of the three Off
Gals the Judge said he would issue
the order of modification, and pro-
ceeded to draw ii up. This was satisfac-
tory 10 the city officials. and believing the
order now TO be as good as signed aud
served Mayor Ebert declared bis intention
as soon as service was made of tearing up
any portion of the newly laid track that
might be found OH Market street.
But if they have already laid their
track on Market street L do not think il
would be right for me to sign an order
allowing you to tear IL up," said Judge
SaDderson, addressing the Mayor
Tomorrow will be Sunday, the next
day Christmas. aud the street must not be