The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-25
Suit of the Gas Company to En-
join the Estate Is
Revived.
THE WEBSTER STREET FILL.
Lawyer Pillsbury, as Before, Bases
His Action on the Constitution
and Admission Act.

An effort is again being made in the
Federal courts by the Pacific Gas Improve
ment Company TO have the Fair estate en-
Joined from filling in that portion of the
bav known as the "basin," between the
Presidio and Fort Mason reservations.
Attorney Evans S. PiIlsbury filed bill
of reviyor with the clerk of the United
States Circuit Court yesterday, the pur-
pose of which is to revive the old case
which was begun in October, 1898, but
never proceeded any further than the de-
murrer of the defendants III November,
1894.
By the original and amended bills of
complaint, James G. Fair OF Nevada and
Contractors Charles A. Warren and Ed
ward Malley were made the defendants.
The order to show cause on the petition
for a temporary injunction was acted on
by the court October Is, 1894. The court
then decided that the complainant was
not entitled to the injunction prayed for
and discharged the order to show cause.
The next step was the demurrer. Fairs
death having occurred since then, and the
San Francisco Superior Court having ap-
pointed James S. Angus, Louis G. Bresse,
Thomas C. Crothers and w. S. Goodfellow
special administrators, these gentlemen
are now made parties defendant as well as
Contractors Warren and Malley, and the
heirs, Charles G. Fair, Theresa A. Oelrichs
and Virginia Fair, are added to the list.
1t is an equity proceeding, and the
amended bill previously filed is given in
the bill of revivor, its prayer being practi-
cally reiterated.
The complainant, the Pacific Gas I'm
proyement Company, claims a leasehold
valued at $4,000 to what is known as
Western Addition block $780, fronting on
the bay and bounded by Francisco, Fill
more and Steiner streets. 1t derives its
occupancy through the United Gas In
provement Company of Pennsylvania
which secured the lease from the Central
Gas Light Company.
The specific act on the part of the defend
ants to which the complainant objects is
the filling in by contractors Warren and
Malley of the Webster-streeJ extension
some distance out into the bay, and the
double row of piles run by Senator Fail
along Lewis street from Lyon to Pierce
and near to the Fillmore-street wharf, is
alluded to with some particularization.
Attorney PhillsbIry bases his action up
on the Guadalupe treaty as before the
admission act and the provision of article
Is OF the State constitution.
Fairs claim to the tide land there is
based on mesne conveyarces from the
North San Francisco Homestead and
Railroad Association, which had ac-
quired title to the property where
the filing is being done' under the
act of the Legislature, approved April
IA, 1864. On July %, 1893, an order was
secured from the Board of Supervisors for
the grading and filling in of the extension
OF Webster street, and the Gas Company
alleges that the Fair estate proposes to in
close the whole of the basin and fill it in,
= cutting the company off from water
access.
One of the main points commended is that
no waterfront line has ever been estab
lished. 1t is claimed that the legislation
OF the State providing for the establish.
ment of deep-water line and designation
and appraisement of tide, swamp, over
flowed and salt marsh lands has all been
invalid on the ground that it has been
contrary to the admission act and the
State constitution.
Under the act of April T. 1854, author
izing the sale OF tide lands to the North
San Francisco Homestead and Railroad