The San Francisco call., 1895-11-03
4 QUESTION FOR SUTRO,
The Trouble Which Has Arisen
With the Knights Of
PythiaS.
A Claim That the Mayor Is Not Enti-
tied to Use Any Portion of the
Cemetery.

Mayor Sutro will experience some diff :
Guilty if he should endeavor to run his
road through the cemetery reservation be-
longing to the knights of Pythias In an
interview the Mayor asserted that he could
have brought his road to a completion a
long time ago if he had not been met with
opposition by these gentlemen. Charles
L. Patten, attorney for the Knights OF
Pythias, gave his version of the story last
evening, as follows:
About March 10, 1895, or little prior there
to, Mr.. Sutro ATTEMPTED to tear down the fences
and run railroad through the City Cemetery
which had been granted in 1884 to the Knights
OF Pythias for burial purposes, On March Is
the fraternal organization sued Sutro and his
company to get an injunction. They got a
temporary injunction forbidding the company
to lay tracks and operate railroad through
that portion of the City Cemetery granted to
the association. They also asked in the suit
Tor mandatory injunction commanding them
to take up the tracks which had been laid
prior to the serving of the injunction.
The Sutro Railroad Com pany had ten days
In which to answer the complaint. Instead of
doing so they asked for further time from me,
as the attorney for the association, and they
until September 30. They then filed general
demurrer, which was argued on the 11th of
October and which was overruled by Judge
Hunt on the 2Sth of October. The Sutro Rail-
road Company now come before the Board Of
Supervisors asking for three months extern
sion to complete their road, saying that they
are perfectly ready to run the road, but our in
junction prevents them from maintaining
their tracks. They also claim in an interview
in this mornings Examiner that the Knights
of Pythias have no right in the cemetery what
ever and that the railroad has franchise to
run the railroad through it.
If that claim was made in good faith it would
been granted seven months time to file de-
Inurrer. Ii they wanted to dispose OF the mat
ter they could have filed this within ten days,
and they could have had the demurrer heard
within two weeks OF the time the complaint
was fled. The original franchise OF the Sutro
Railroad Company gave them the privilege to
maintain and operate the singie or double
track street railroad along First avenue by
Clement street, and along Clement to point
at or near the east line of the City Cemetery
reservation; thence curvlng to the e, south and
entering the City reservation to Thirty third
avenue or curving to the south from Clement
street and entering private lands with the cou-
sent of the owners thereof to Thirty third
avenue.
am informed that the owners OF the corner
lot ask $1,000 for that privilege. sutro came
to the conclusion that the Knights of Pythias
were without money and thought he could
steal q portion of the City Cemetery. As
matter OF fact he could then and can now OBJ
tain lands from private owners at a very small
figure to enable him to maintain his road and
finish it. In other words he could have fin
ished the road before the time expired
The title to the Knights OF Pythias Cemetery
Association to this plat is by grant made by
the Board of Supervisors in 1884. Under that
grant the Knights of Pythias entered into
possession, and thereupon used it and have
continuously done so for burial purposes. The
Knights of Pythias claim the right to still use
it for the same purposes.
The City Cemetery was setapart under order
500 of the Board of Supervisors, and the con-
irmation OF the same was by act OF Legisla-
ture, 1S67-6S, for the purpose of a public ceme-
terry Ii the Board of Supervisors can open
street through the City Cemetery by an ordi-
nj and grant a franchise for railroad
they could at any time permit franchise for
a railroad through the Golden Gate Park or
any OF the public squares, if Sutro's PROPOSE
ton is maintained. The h. OF ?. were granted