The San Francisco call., 1897-10-16

to the eyes of Colonel Chadbourne, who is
at heart OF a sympathetic nature. Even
Ma jor Harvey, roughened by many years
of experience on the water front, melted
under the strain, Governor Budd and
President Coaon were absent, so the
effect of the Fair attorneys eloQuence was
partially lost. However, McEnerney
gained temporary victory. He exacted
a promise from the Commissioners 10 take
no action without giving him ample notice
of their intention.
Hardly had he left the room when At
torneys E. S. Pillsbury and Mhoon, repre-
senting the San Francisco Gas Company,
appeared to cheer the heart of the waver-
ing Commissioners. Pillsbury had his
fighting armor on and was prepared for
actual com bat at a moments notice. He
opened up on the board in a way that meant
business. He was anxious that some ac-
tion should be taken at once. Colone ell
Chad bourne said that he was under heavy
bonds and that he did no: care 10 take
any decisive steps until he mad the advice
of the Attorney-General and Trey L.
Ford. Assistant Acknowledgement Carter
telephoned the board about this time that
he believed that the Com missioners had
the right to remove the oostructions
promising written opinion on this sub
ject this morning. P.lisbury, taking his
cue from this, proceeded hammer and
tongs 10 get the board to act at once. At
torney Stratton said that under the
statutes the board must give twenty-four
hours notice to the Fair people.
Very WELL" said Pillsbury, tissue that
notice al once. I ese people are not en-
titled 10 any consideration. Those piles
were driven under cover of the night.
They showed by this action that they
were lawbreakers. Tney have set at de-
hance the Governor of the State, and L
cannot see any reason for temporizing
with them"
Pillshury followed this with proffer of
bond TO protect the Commissioners from
damages, and by this means won his
point. Mhoon recited how be had been
lnsulted by the workmen of Warren &
Malley, when, as the special representa-
tive of the Governor, he had ordered the
obstructions removed. This was fuel on
Pillsbury's fire, and after a short con-
sultatlon the Commissioners decided to
make the preliminary move by issuing
formal ultimatum to the representatives
OF the Fair estate to remove the obstrdc-
tlons. The resolution calling for the
issuing of this order was introduced by
Commissioner Chad bourne and as the
colonel is one of the commanders OF the
naval reserve the rumors OF war are not
unfounded.
The ultimatum was served upon the
three executors of the Fair estate and
Warren d MalIey, the contractors who
a apoa0oI in
water front, last night The attorneys
for the bonanza interests are reticent as to
what measures they will adopt to circum-
vent the State authorities, but it is prob
able that when the Harbor Com mission
ers make a decisive move the Supreme
Court will be asked for an injunction
Thus, after all, it may be a battle Of
words instead OF unpowder.
There will be a special meeting Of the
Harbor Commissioners this afternoon to
receive the written opinions of the At
torney-General and TREY L. Ford on the
question. This, OF course, is mere
formal proceeding, as the board has been
advised verbally that the Commissioners
have jurisdiction over the property. The
opinion of Attorney Stratton, which was
presented yesterday, Is declared by law
yers TO cover the situation. II is as
follow:
With reference to the jurisdiction OF the
board over the properly Included IN the COM
plant in the case OF the people OF the State
upon relation of the Attorney-GeneraI vs.
Warren & Malley ct al, pending in the Su-
perior Court of the city and county OF san
Francisco, and particularly in far al the
same includes the wharf across which certain
piles have been recently driven by the de-
PENDANTS in the acti referred to, or by the
executors OF the estate of James q. Fair de-
CEASED | d4-SlFa - - : follows
The jurisdiction OF the Board CT State Har-
Dor Commissioners over the water front and
the hartor OF San Francisco is both general
and special II Is special in so far par
tIcular jurisdiction is given over all of GER
tain specifically described property referred
to in section 1924 0. the Political Code. Ger
jurisdiction. IN my opinion il Is NOT neces-
ssry 10 enumeTate or specify these provisions
here.
There is no question: however, but that the
Harbor Commlss sloners have general con troll
over the wharf in dispute, and the only ques-
tion would be as TO whether they have also a
cifically their powers and du les.
think that the Commissioners have also a
particular or special jurisdiction over the
premises in dispute, which jurisdiction is con-
ferred by the Language, among other things
of section 1924 OF the Political Code, which
states as follows:
1.-The said mmissioners, in addition to the
general control over said prem ises (being the
premises spec icaltv designated by streets
use for loading and landing merchandise
with the right to collect dockaee wbarfsg
and tolls thereon, such portion of the streets
of the city and county of san Francisco end
ing or fronting upon the waters of said bay
as may be used for such purposes without OBJ
structing the same as thoroughfares."
Wherever therefore the harbor line has not
been actually established by building a sea
wall or actually constructing the same upon
the ground SO as 10 furnish fscilitieS for the
erection of docks and wharves, together with
the collecting of dockage Jherefrom, there is
given to the Harbor Commissioners jurisdic-
ZION over such portions of the streets the
city and county OF san Francisco ending or
fronting upon the waters OF the BAY at such
places as those streets approach to anC enler
into the waters and without regard to the
established harbor line under the Tide Land
Commissioners.
advise you, therefore, that you have iuris-
dlctlon over the premises referred TO.
With reference 10 your right to removal of
distractions The same is specifi cally given by
section TX of the ctapproved March I5 1873
also by section 1924 OF the Political Code
The arb trary right OIL renewal OF obstrue-
tions ought not TO be exercised by the Com
mlssioners until they shall have served writ
the possession of any distractions or main
tanning the same, directing him or them 10 re-
move such distractions within twenty-four
hours.
ha s4if