The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-17
SHE is PLUCKY.
Bertha MitChell's Uphill
Struggle.
Efforts of the Police and Street De-
partment TO Drive Her From the
D-Street Fruit Stand

Bertha Mitchell, the fruit-stand monopo-
list of d street. has for the past FIVE or six
months teen in a peck of TT uble in her
endeavor to defend her rights to the
monopoly. Bertha is only 10 years of age,
and, for a young girl not yet out of her
teens, she has displayed knowledge of
law and shrewdness in business tactlcs
that would put many business man in
the shade.
During the time mentioned she has been
arrested over score or times on the
charge of obstructing the street and every
time she has succeeded in winning the
case. But the police have kept up the
warfare against her elenllessly. What
added TO BeTtha's troubles was the appear
ance for brief period of a com petitar in
th e shape of an old ruit-peddleI, and she
was arrested for battery upon him.
The Superintendent of Streets, w. W.
AckersOn, finally Joined in the warfare
against Bertha. and on September l Dep
uty Sheriff Larry Welch. acting under in
structiOns Of the Superintendent. seized
her fruit-stand and fruit and confiscated
them. Discouraged, but not defeated,
Bertha. who has made considerable money
by peddiing fruit procured new
outfit. and, day or Two afterward, was
doing rushing business at the old stand.
On September 5 Deputy WEIGH again
seized and contiscated the outfit.
Smarting under sense of injustice
Bertha consulted her attorneys, and the
result was that on SOFTEN Der s she brought
SUIT 10 the Superior Court against SupeIia-
iendent Ackerson. Deputy Welch and
"Richard Roe" and John Doe" claiming
$500 damages for the alleged wrongful
seizure and loss of her property. She also
applied for an injunction to restrain the
defendants from interfering with her bust
ness.
Judge Seawell granted a temporary in
junction. and fixed September IA for hear
ing the parties TO the suit. That day,
owing to the absence from the city OF
Superintendent AckFr5Gn, the hearing was
postponed until September 90
notwithstanding the temporary lniunc-
lion Policeman Schaefer, acting under in
structions from the Street Department,
arrested Bertha about II O'Clock yes err
day morning and seized her outfit She
and her property were taken to the City
Prison in the patrol wagon and she was
booked on the charge of obstructlng the
street She gave $50 cash bail and was re-
leased. She i'm euiateiy procured another
outfit and started in at the old stand.
Word to that effect was sent 10 the Central
Police station about 2 o'clock, and Police
man Phillips was sent with the patrol
wagon to again arrest her and seize her
property.
Philips had Bertha under arrest when
her father came upon the scene and
showed him the injunction papers. Phil
lips threw the papers upon g ground, re-
marking that he knew nothing a bout them,
his instructions being to arrest her for Oh
structing the street. On second thought
he picked up the papers and tossed them
among the fruit boxes without examining
them. --<-a1$
At the City Prison Bertha demanded the
return of her fruit and stands in view of
the Temporary injunction, but was re-
fused. She again put up $50 cash bail and