The San Francisco call., 1897-11-06
VICTORY FOR
FAIRS HEIRS
Injunction Against the
Board Of Harbor Com
missioners Holds.
Unable to Remove the 0bstruc-
tions at North Beach
at Present.
The Suit to Determine the Ownership
of the Property Must First
Be Decided.

Superior Judge Hebbard has refused to
modify the injunction issued to the ex-
ecutors OF the Fair estate, restraining the
Board of Harbor Commissioners from re-
moving the row of piles extending for
distance of 100 feet along Devlsadero
street, between Jefferson and Tonquin,
and the State authorities will not be able
to clear away the obstruction to naviga-
ton to that inlet of the bay claimed by
the Fair heirs until the courts have
decided the suitno pending to quiet title
in the tide lands in dispute.
Judge Hebbard's opinion explains his
reasons for refusing to modify the in juno
ton as follows:
Under the temporary injunction eretofore
October 10, 1897 is:ued in this case, the de-
PENDANTS are enjoined from removing any OF
the piles material deposited in the inlet OF
the bay of san Francisco lying between
Black Point Reservation and the Presidio
Reservation, and particularly from removing
any oil the piles, rock or clay driven or de-
posted by plaintiffs or by Warren & Malley.
contractors. along Dsyisadero street, between
Jefferson ana Tonquin; along Tonquin street,
be tween Devls adtro ana Scott; along scott
street, between TonquiH and Lewis; along
Lewis street, from Devisadero to Webster;
along Webster street, from Lewis TO North
Point, and from removing any Vi the sand or
other materials deposited by the plaintiffs or
by Warren Il Malley, or others within said in
let or interfering with the possession OF the
plaintiffs of any of the lots or blocks within
said inlet. or with the work upon which they
are engaged upon said street.
This injunction issued by Judge Slack
in Department 10 of the court. Prior
thereto and on september 27, 1897, Judge
Seawell, in Department l OF the court, i'll The
case of the people OF the State, at the relation
of Albert Miller, president of the Pacific Gas
Improvement Company, against the executors
OF tine last will of James q. Fair, his heirs at
law ana Warren & Malley, issued a temporary
| injunction enjoining said defendants from
| proceeding any further with the work of fill
| ing in upon any portion of the street, lots or
| block within the area of said Inlet
Both cases are now n this department OF the
| court. The defendants, the Board of State
! Harbor Commt tssioners and the Pacific Gas
I'm provement Company, now move for mod
! If ca tion of the injunction issued by Judge
| Slack 10 the extent that The said board be per-
mitted TO remove the piles now standing
| upon Devisadero street between Tonquin and
| Jefferson streets for a distance OF 100 feet
/ thereon upon the ground that the said piles
| are an obs tructjon to navigation in the bay OF
! San Francisco, which obstruction it is the
duty OF the board to remove under article
XIV, section 2, of the State constitution and
| under section 1924 of the Political Code.
Devisadero street, at point between Ton
quin and Jefferson streets and to the end of
that street nOrtherly, is under water. The
piles in question were driven and other ex-
pensive work, now enjoined, upon the Streets
lots and blocks adjoining, was done by James
G. Fair in his lifetime and by his estate since