The San Francisco call., 1897-10-26

4 \ to surprise and capture the
stronghold of the Fair estate
forces at North Beach. What was worse,
defiance was hurled at Governor Budd
and his militia. 1t was. in fact, an event
tul day on the water front, and when the
sun went down it set upon a retreatine
squadron of steam craft, manned by the
State ha rbor police, under command OF
Chief Wharhnger Root and under the
eyes of President Z. l.. Colnon of the
Harbor Board.
Early in the day there were signs in the
Rarbor Com missioners' office of an I'M
minent naval battle. From IL O'Clock
until ? an effort was being made to get
the three Commissioners together for a
council
The Governor repaired to his private
quarters in the Palace Hotel to write a
declaration of war. He waited. how
ever. until Judge Hebbard had issued a
modification of his injunction res raining
the Hsrbor Com missio ners from inter
fering in the contest between the gas
company and the Fair estate for the pos
session of that portion of the water front
at the foot of Devisadero street. By noon
the modification was secured. The fol
lowing is a copy of the legal order:
In the Superior Court of the City and
County of San Franclsc0-James S. Angus
Thomas G. Crothers and W. S. Good elbow, ex-
ecutors OF the last will of James q. Fair, de-
ceased, plaintiffs, VS.. HarbOr Board, Peoples
Gas Manufacturing Company, Albert Miller
ct al, defendants.
On motion of the attorney for the defend
ants, and good cause therefor appearing,
! 1t Is hereby ordered that the temporary in
junction and restraining order issued ex-parte
herein on October 10, A. D., 1897, be and
hereby is modified so that permission is
hereby given TO the defendants E L. Colnop.
F. S. Chad bourne and P. J. Harney, as com.
posing the Board of State Harbor Commission
ers, to remove the piles for the distance of 00
feet within the premises described in the
compla int herein and situated in the City and
County of San Francisco, and commencing for
the same at the northerly termination OF the
piles now standing on Devisadero street. be-
tween Tonquin and Jefferson streets, so-callec
and thence extending southerly along said
line OF Devissdero street for distance OF 100
feet and being the same piles placed in said
locality on or about September 25, 1897.
J. c. B. HEBBARD
Dated this 25th day of October, 1897.
The Governor having hastily perused
this order Immediately wrote and handed
to President Colnon the following letter
PALACE HOTEL, SAN Francisco. CAL
October %. 1897.
To the State Board Cf Hdrbor Commissioners
San Francisco CdL-GENTLEYEN: | desire 10
iniunc ton served recently your board in
regard 10 certain distractions Devisadero
street, between Jefferson and Tonquin streets,
in this city, and TO request that you now act in
con nformity with the opinion of the Attorney
General and remove. said o bstI uctions. Yours
truly, JAMES II. BUDD.
President Colnon hurried at once 10 his
headquarters, expecting to meet the other
two Commissio ners. Governor Budd hav.
| ing some other business on his hands con-
ciuded not to take his ex-officio seat.
About half past / Com :ssioner Chad
bourne strolled in. Half an hour later
Commissioner Harvey made his appear
ance. The board was called to order. and
after the reading of the minutes the Gov
ernor's letter was read. This bein g
passed over TO the other Com missioners
President Colnon offered the following
| resolution:
RtsoIued, That in pursuance of an order OF
| the Superior Court, modifying the injunction
issued October 10, i'll conformity WITH written
| instructions from the Governor the chlet
wharhnger is hereby directed TO take such
men and appliances from the department oi
repairs and the department OF tugs Gs may be
| necessary to perform the work and remove the
| piles for distance of hundred feet, ''com-
menc!ng for the same at the northerly ter
mination Of the piles now standing on Devils
adero street, between TonQuln and Jefferson
streets, so called, and thence extending south
| erly along said line OF Devisadero street for q
distance of 100 feei and being the same piles
| placed in said locality on or about September
| 25, 1897 and the superintendent OF urgent
repairs and the superintendent of tugs are
hereby instructed TO cooperate with the chic
wharfinger in the carrying out of these orders
Colonel Chad bourne was opposed to any
i'm m ediate action by the board. He
wanted first 10 see he opinion of the Al.
torney-General. After glancing at it he
| suggested that the proper place Tor the
| fight was in the courts 1t was really a
conflict between the gas company and the
| Fair estate, and they ought to be left 10
tight il out.
| President Colnon thought the interests
OF the State ought to be protected.
| Colonel Chsduourne replied hat in his
| opinion any demonstration against tue
piles would be Illegal. He thought the
! Governor was not ex .rcising good judg-
ment in the matter, but since he had
practically directed that an attack should
be made he would not vote against that
course. He would, most assuredly, follow
the Governor in any attempt OF the State
| to vindicate her rights.
The secretary thereupon called the roll