The San Francisco call., 1903-12-12
MAKE CHARGES
ON AFFIDAVIT
Produce Dealers Accused of
Discrimination in Selling
Will Know What Is Alleged
COMMISSIONERS WAITING
Attorney Davis Says a Move
Will Soon Be Made by the
Board to Meet Court Issue

The commission houses of l.. Scatena
& Co., Wolf & Sons, McDOnough g
Runyon and Wetmore Eros. under the
temporary injunction secured by them
against the Board of State Harbor
Commissioners, are free to sell perish
able products on the States wharves
in this city or elsewhere without inter
ference of any sort by the Harbor Com
missioners.
No move was made publicly yester-
day by the Harbor Commissioners,
through their attorney. W. H. Davis,
toward the dissolution of the injunc-
tion Attorney Davis said last evening
that the plan of procedure had not been
mapped out. When the commissioners
had reacYfed decision the next move
would be intended to reach result as
quickly as possible. He declined to in
dicate what would be done. Possibly
something will happen to-day in be-
half of the Harbor Commissioners.
Attorney Davis calls attention to the
ground set up in their complaint by
the four commission firms whose per-
mits to sell were taken away by the
Harbor Commissioners. Especial stress.
Mr.. Davis says, was placed by the
commission men deprived of permits
on the point that they were not given
due notice of the proceeding before the
board. under the Woodward law, and
that they had not been charged with
specific offense. as they thought they
ought to have been, as a basis for pro-
ceedings involving their selling per-
mits. No attack, said Mr. Davis, was
made against the Woodward law by
the commission men in their complaint
against the law.
The proceedings relative TO L. c..
Sresovich & Co, Garcia & Maggini,
Mitchell & Goodall and G. Berti & Co.
will go on next Tuesday morning, as
set by the Board of Harbor Commits
sioners. Notice was served upon each
of these firms yesterday. Against each
of them a specific charge will be drawn
by Attorney Davis for the HarbOr
Commissioners, on the basis of the affi-
davits filed with the commissioners
relative to the alleged refusal to sell
produce to persons not members of the
retail dealers association
The order issued by Judge Murasky
to restrain the HarbOr Commissioners
from interfering with the operations Of
L. Scatena & Co, Wetmore Bros, Wolf
& Sons and McDonough & Runyon is
wide in it's scope. The following is a
copy of the order in one case, the four
being Identical in terms:
This is TO command you said defendants.
your counselors. attorneys, solicitors. agents
servants and employees and all others acting in
aid or assistance Of you to absolutely desist and
refrain from all interference in any way with
the sale or disposition by said plaintiffs. their
agents. servants or employees. of vegetables,
fruit or other produce commonly known as per-
ishable products upon the public wharves or
other property belonging to the State OF Cali
fornta in the city and county OF san Francisco
or elsewhere; and TO refrain from enforcing or
carrying into effect the decree order made
by said defendants December 3. 1908 revoking
the permits of said plaintiff heretofore granted
by said defendants 10 sell products upon said
property.
The commission men are not idle and
they insist that the Harbor Commits
sioners have no jurisdiction beyond the
property of the State; also, that they
have never been approached along the
wharves by the three men that claim
to have suffered from determinations.