The San Francisco call., 1898-06-25
TRYING TO
 REINSTATE
 THE WOMEN Does the City Own St. Marys Street? PROPERTY OWNERS SAY NO THE PURPOSE OF THE ALCALDE
 MARKET COMPANY. Will Attempt to Gain the Entire Thoroughfare on the Ground
 of a Failure tca Record.
PROPERTY OWNERS SAY NO

The Alcalde Market Company, the cor poraton which claims the rightful own ership of St. Marys street, has clothed itself in a pail of mystery, and seems determined that future plans shall be kept as far as possible from the public The object of the purchase of the prop erty on a quttclaim deed from Theodore Payne, although supposed to be a mat ter of conjecture, will be undoubtedly considered an attempt of the concentra- ton of the efforts of those forming the corporation to declare the street private property and reopen the adjoining houses to tenants of the same character as those who a few months ago were compelled to vacate under penalty of the law
 If this contemplated object can be real ized gates can be erected on both ends of the street and the houses reopened, but even this precaution for the preserv- ation of public morals can be dispensed with at the option of the declared owners of the street, who, failing to see the ne- cessity, can refuse to erect them. This will absolutely nullify whatever control or jurisdiction the Board of Supervisors may have exercised in the past, as with private property, property-owners can oo as they please as long as they conform to lIS pOllCS ICS
 governing the city
 Although the Alcalde Company will en- deavor to prove that the street was never properly and legally claimed and recorded by the city, the fact remains that for the past forty years or more the street has been used as pubhc thor oughfare, patrolled by public otncers ana governed by municipal laws ..
 Theodore Payne, from whom the qult- claim deed to the property was secured by the corporation, is represented as LII lne original owner of the entire property slI- uated on both sides of the street, lnclud- ing the street ltSelr.
 For convenience, a dividing line was cut through the land ana houses erecteo t'7St on either side, the dividing line becoming afterward known as St. Marys street.
 This, however, in one or the recoIoeu deeds of the past is absolutely denied, as in it Payne acknowledges St Marys street as a public thoroughfare. W nat, ever property he sold was measured ana apportioned from and in conformity With the street line, which he never , cIaliheu tsa doubt that the street was public property and as such land owners were at hoerty to avail themselves of the free use or IL, In no title or deed of property does ne mention the sale as including that DOT ton of the street directly in front or the property sold. .o. private property the intention of the Al calde Company is manifest, upon the deed of award the street VIII De closeu, gates erected and negotiations made With the property owners by the corporation for the sale of the thoroughfare al an exorbitant price, which, they failing to accept the former can erect an oDStruc- tion on the street and utterly ruin the adjoining property until such time as The property owners are forced into accepting the street at whatever price is de- manded.
 The leading members of the corporation are j. L. White, Martin Kelly and Attor- ney Morgenstern. Shares have been free- ly bought in the company by those hold, ing property in the northern section or the alley, those in the southern section refusing to purchase on the ground that they are battling in lost cause, as no court would recognize private claims for the possession of the street.
 Martin Kelly. who seems to be the lead ing spirit in the new movement, was the legal adviser of the property owners, who engaged him immediately after the street was closed some months ago, to exert his influence and expend an enormous sub scribed sum for the purpose of nullifying the action of the courts. The money was accepted the work never accom- plished. Kelly claimed that he used it l iegitimately and for the purpose out lined, but the property owners claim that he used the money elsewhere than in the direction needed and avow that the pres | ent action is being made to dispute the validity of the law for the purpose of | making some compensation for the money | received and lost.
 | It is for this reason that those holding 1 claims in the Pine street end of the street 1 have refused to cooperate, as they firmly | believe that it is public thoroughfare, and that the new corporation cannot pos | sibly accomplish the object in view. | J. L. White, in outlining and defining
 the object of the institution of the cor l poration, spoke of it's origin as com-
 prove that the street is private and not | public property and to force the city in l consequence to accept whatever disposal | they may see fit to make of 1t.
 l If this street" said White, "can be pro- ven private property, as it undoubtedly | can,we can take whatever precautions we
 may see proper to protect the public l those unfortunate women who, as con- | sequence of not being concentrated in
 one section of the city, are scattered
 loosely in the various cheap lodging | houses on the public thoroughfares and
 menace the public purity far more than | if they were allowed to lead the shameful 1 life they have accepted in a private street | where the police are constantly on watch l for the prevention of crime and where the women are constantly under the eye o1
 Tt is far better to have them here thar | to run the risk of having them next door | to the homes of respectable people. | think that if it is possible to reopen the | street in conformity with law 1t should | s'St. Marys street, unlike that oi | Ouincy is away from the main streets o1 | the city, and is not constant source o1 | annoyance to people who attend the
 church at the corner of California and
 Dupont streets. It is so narrow as to bt
 hardly perceptible, and the erection o1
 gates at both ends would be a safeguard
 against public immortality and a solution | of whatever objection the public might | have to it's existence.
 | Although a strenuous effort Is being | made by the new corporation to open the | street, like action is being taken by those | who were instrumental in closing 1t, tC | have 1t remain so.
 Proceedings of the company to prose | cute It's suit for the possession of the | street are expected to be instituted in tht near future.