The San Francisco call., 1901-12-06
TITLE To SITE
IS IN QUESTION
Order Vacating Streets
Alleged to Be
Invalid.
Budd Says Union Iron Works
Is Built on a Public
Thoroughfare.

Ex-Governor Budd, as attorney Tor the
State Harbor Commissioners, has Deen
looking up the records of the Board Oh
Supervisors in the course of his prepara-
ton to oppose the closing OF Napa streeI
in the interests of the Risdon and Union
Iron works, and he has found what ne
considers errors that invalidate the order
adopted seventeen years ago by Whlch
certain streets at the site of the Union
Iron Works were vacated. If his conten-
tion be correct numerous shops or the
great shipbuilding plant are built on pup
lie streets, without even lease to pro-
tect the owners.
Budd appeared before the Street Com
mittee of the Board of Supervisors yes
terday morning and stated that the dar,
Dor Commissioners desired to pc nedlu
in opposition to the petition Tor the c!oS1 19S
ing OF Napa street. He said that In 1854
Butte street had been closed by what ne
believed to have been an irregular oroer'
and that the Union Iron 9 M9rkS S,If hae abnng 1
on it. 1t was probable, he sa1d, tnat TIE
closing of Napa street would be tol-
lowed by the erection of shops on an
other OF the thoroughfareS giving q
means of access to the seawan when 1t
shall be built along that portion OF the
water front.
informed the attorney that the Napa-
street petition had been referred to the
Judiciary Committee Budd will appear
before that committee this afternoon at
! Governor Budd explained later that the
defect which he believed he had discoV-
cred in the order to vacate Butte street
/ lay in the failure to follow the provision
of the general law which states that a
! street may not be vacated except for the
public welfare and convenience" The
order in question he said stated that
the closing of the street would result in
i great benefit to the city and county of
San Francisco, leaving the public in gen
eral out of the question.
The resolution to which Budd refers
! was adopted by the Supervisors Febru-
ary 15, 1884, just before the establishment
of the shipbuilding plant of the Union
Iron Works. 1t vacated not only por-
ton of Butte street. but also portions Of
I Georgia, Michigan and Louisiana streets
! none of which were in actual use as
streets and which were necessary to the
! establishment of the ship yards on that
site. The clause of the order which Budd
considers defective Is as follows:
Whereas, 1t is the opinion of this board that
! this city and county of San Francisco will de-
rive great beneft from the closing of the
streets aforesaid inasmuch as it is done with
/ dustry of immense magnitude, to the success
full prosecution of which the closing of said
streets is absolutely necessary, to wit: the
! building of steel and iron ships, an industry
! which If fostered will tend to the material
advantage and prosperity of the city and
California.
Governor Budd holds that since the
1 language of the statute, public welfare
! and convenience is not followed In the
recital the streets involved have never
| been legally vacated, and that it may be-
| come the duty of the Harbor Commits
| sioners to demand that they be kept opeu
| whenever the seawall at that point be
! built
On the line of Butte street are some OF
| the Union Iron Works most important
! shops, including the coppersmith shop
| the blacksmith shop, a large machine
shop, the bending shop and the cellu-
lose factory.