The San Francisco call., 1896-03-20
FORCED TO STOP WORK.
The Fight for Possession Of the
Road Taken to the
Courts.
MEETING OF DIRECTORS.
The Purchase of a Right of Way
Through the Lands of ]. H.
McInnes Is Confirmed.

MILL VALLEY, CAL, March 19.-An
Injunction was served upon Sidney B.
Cushing. president of the Mill Valley and
Mount Tamalpais Railroad, and Superin-
tendent Graves of the California Construc-
tion Company this afternoon, restraining
them from laying tracks or ties on either
Corte MADEIRA or Blythedale avenues at
this place.
The injunction proceedings were lnsti-
tuted at the instance of Maurice Wind
miller, property-owner on Corte MADEIRA
avenue and member of the Mill Valley
Property owners Association.
The papers in the injunction suit were
filed with County Clerk Bennean at San
Rafael about noon to-day.
A temporary injunction was issued by
Judge Angelotti and the papers were i'm
mediately sent to Mill Valley, where they
were served by Deputy Constable T.. f..
Gray. If the papers had been served half
an hour later the road would have been
completely constructed.
This morning the California Construc-
ton Company put force OF about 100 men
at work grading Corte MADEIRA and Blythe
dale avenues and hauling rails and ties onto
the roads for the construction of the rail-
road. At II o'clock this force was in
creased and all possible haste was made to
rush the road through before any legal
means were resorted to in order to stop
them. When the injunction papers ar
rived the ties were being put in place to
receive the rails and a short delay would
have been fatal to the interests of the peo-
pie.
Mr.. Windmiller in his complaint for an
injunction alleges that he has been, for
over three years, the owner OF free right
of way over all avenues, streets, etc., IN
Mill Valley that the streets or roads have
never been dedicated to the public for use
or otherwise and that the same are not nor
have ever been subject to the control of
municipal corporation. but have been sub
ject to the absolute and exclusive control
of the owners of land.
The complaint further alleges that the
Mill Valley and Mount Tamalpais Scenic
Railroad and the California Construction
Company, absolutely without any permls-
sion whatsoever from any party, person or
board, threaten to and are proceeding to
build and construct along and upon Corte
MADEIRA avenue steam and electric rail-
way, and threaten to make excavations
and embankments, and that if this is done
the avenues will be rendered almost
wholly impossible for vehicles and will in
terfere with the use of plaintiffs property
besides greatly depreciate the value of the
property.
On the undertaking for the injunction
are the names of George T. Marsh and M.
M. O'Shaughnessy, both wealthy men and
members of the Mill Valley Property-own-
ers' Protective Association.
Judge Angelotti set the oath day of this
month as the time for the hearing of the
order to show cause why the injunction
should not issue as prayed for in Mr..
WindmQlef's complaint.
A meeting of the directors of the Noun
tain Road Company was held yesterday,
and the only important business trans
acted was the ordering of the purchase of
the right OF way through the lands of J.
H. McInnes, as told in yesterdays dis
patches to The CALL.
'fThe mountain road is now effectuaily
blocked" said member of the protective
association to-day, "and the only way out
of the difficulty for them is to give up
the idea of running its track on Corte
MADEIRA avenue. We do not intend to
allow them to proceed, and seven other
injunction suits will be filed by different
parties owning property on Corte MADEIRA
avenue if it is found necessary. The rail-
road company did not consult the people
before going ahead, and the result is going
to be disastrous for them.''
E. Moffat, an owner of Corte MADEIRA
avenue property, said to-day that he had
no objection to the mountain road cross
ing the avenue, bat if it intended to run
for any length upon it as the line was now
mapped out he would file suit restrain
ing them upon his own account.
Corte MADEIRA avenue is considered one
of the prettiest drives in Mill Valley. and
along its route are the homes of Prison
Commissioner Daniel E. Hayes, J. Costi-
gan, H. s. Bridge, George Billings, Will
liam Harold and other well-known busi-
ness men of San Francisco. ALI are de-
cidedly against having the road run upon
the avenue, even for the short distance of
300 yards, as the plans are now.
About month ago the attention of the
mountain road people was called to the
fact that the people would not submit to
their occupation of the roads. but repre-
sentatives of the land and water company
asserted that the title to the roads rested
in them, and they could do with them as
they saw fit This outburst aroused a
feeling of Indignation on the part of the
people, and it was agreed to fight any at
tempt on the part OF the railroad to gain
possession of the roads.
If the injunction is refused by Judge
A ngelotti next Tuesday then the railroad
and the construction company will sue
th e bondsmen on the undertaking for the
injunction for damages on account of de-
laying the building of the road.
While the people of Mill Valley are
heartily in favor of the mountain-road
project they object to having their roads
ruined and have pointed out to the build
ers of the road how they can run their
line few hundred yards to the east and
avoid the avenue entirely. This will have
TO be done if the railroad is to be in rum
ming order by this summer. for injunction
\ 1~1 oe$