The San Francisco call., 1895-12-19
MAYOR DAvIE RESTRAINED.
Harrison Street Must Not Be Interfered
With at Pres sent.


'- OAKLAND, CAL, Dec. 1S.-This even
ing Judge Ellsworth granted the iniunc-
ton asked by Robert Smile, restraining
Mayor Davie from further interfering with
leased property at the foot OF Harrison
street.
!. Mayor Davie presented motion for a
continuance, only three days having
elapsed since the notice was served on
him. In his affidavit the Mayor said:
That defendant expects to be able to prove
that the land for the protection of which the
restraining order is prayed, Is public street
within the limits OF the city OF Oakland and
that the plaintiff has title, right or interest
in the said property; that affiant is informed
and believes that there are records of this
county that shows the dedication of said land
to the city of Oakland, and your atfiant has
learned upon inquiry from professional search
. erS OF records that two weeks would not be un-
reasonable time to make an abstract of the
title to said land; and that an abstract will be
essential for proper nearing In the matter
before the court and that the defendants could
not make q safe defense without said abstract;
that said affiant is informed and believes that
there are witnesses who will testify to q long
and continued use OF said land q public
street by the public.
A long argument followed between At
torney Gregory, who appeared for Smile,
City Attorney Peirsol and Glascock, who
was amicus cure.
City Attorney Peirsol claimed that the
suit could not go on as the city of Oakland
had been made party to the suit and had
mot even been served.
Judge Ellsworth said there was nothing
in the application of whether the prop
erty involved was claimed to be a public
street. This fact was, however, brought
to the attention of the court by counsel.
1T appeared" said the Judge. that the
contention of defendants is that it is a
4 h. lafn aIa
that they were acting in abatement OF
what they claim is a nuisance. This ap-
.piication was for a preliminary restraining
order"
:. Attorney Peirsol said it would be diff
cult if the matter was to remain IN statu
quo, bat plaintiffs ask to have the city
restrained from preventing them restoring
things to their original condition.
Judge Ellsworth suggested that the
service on J. l.. Davie was not sufficient to
include the city. Mr.. Gregory said he
would be satisfied if the restraining order
was not issued against Mr.. Davle Tor the
present.
:. After further argument Judge Ellsworth
issued the injunction against mayor DaVie.
When a permanent Injunction is sought
the arguments will be based on titles.
Is Now Citizen.
OAKLAND, CAL, Dec. 1S.-After quite
a struggle Win tue COuIt noibao Dis"PNA'
an old resident of Alameda County, was
to-day admitted to citizenship by Judge
Ogden. A few days ago he appeared De
lore the Judge, but was hazy in his replies
TO the questions put TO him. lie had no
clear idea as to'the workings OF American
institutions, but when questioned as to
the length of his residence in this country
said he had been here SO long that he
could only family remember when he
arrived Judge Ogden concluded that his
knowledge of the political system OF this
country was too vague and denied his
petition. Yesterday he again appeared
before the Judge and had apparently been
well coached. for the answers were quickly