The San Francisco call., 1904-03-01
JUDGE SLOSS DECIDES
AGAINST HARBOR BOARD
Holds That Proceedings Resulting in Revo-
cation of Permits to Sell Perishable Prod
ucts on the Water Front Are Insufficient


Judge sIoss of the Superior Court
has granted the injunction that was
asked for by wetmore.. Bros. to restrain
the: Board of State Harbor Commits
sioners from interfering with their
business, under: the Woodward law,
which was ENACTED by the State Legis-
iature to prevent discrimination in the
buying and selling Of perishable pro-
ducts on the States wharves or other
property in San Francisco.
: The. 'Harbor Commissioners, after a
hearing, took away from Wetmore
Bros. their permission to do business
on the Wharyes. The board also took
away the permits that had been is
sued to Scatena: & Co, Wolf & Sons,
McDonough & Runyon and five other
firms Suits in injunction were then
brought against the Harbor Commis-
sioners, in which the four firms that
are named in the foregoing were CON
cerned. 1t was agreed by counsel, as
the facts We're the same in all cases.
that but one should be tried-that of
Wetmore Bros. against the board.
ceedings before. the Board of Harbor
Commissioners on December 3, 1903,
We're Intellectual to take. away the
rights of the plaintiff under the permit
held by ii.
This means that for the present at
least all the firms who have been de-
prived of. permits to sell nerishable
products on the States wharves in this
city viii continue TO. do business. What
action will be taken by the Board of
State Harbor Commissioners remains
to be seen. Judge. Sloss in his decision
did not deal with the question of the
power of the Harbor Commissioners to
Interfere with sales. of perishable pro-
duets that take place off the property
of the State. The decision was based
entirely upon the defective nature of
the proceedings conducted by the Har-
Dor. Commissioners as a preliminary
to taking away the permits from. the.
wholesale. houses that deal in perish
able products. The notice that was
given preliminary to. the hearing was
found by Judge Sloss not to be legal.
The dealers. he said. were entitled to. a
specific. notice relating to some; para;
t1cular offense; but. none was given.
TO FURTHER CONSIDER.
;: Copies of the decision by Judge. Sloss'
had not been received by the H9rbor
commissioners or by their attorneys
last: evening, w. H. Davis said that
hecwoufd not venture any opinion con-.
cerning the future course to be pur-
sued, not having read the decision: :. A
meeting Of the Harbor Commission:
ers will take place tomorrow. and
probably the woodward law and, the
injunction granted under lit in. the
recent proceedings VIII be. a liYe sub
tect for. .discussion. The: wholesale:
dealers in 'perishab1e products were
iiotiiied by their attorneys. yesterday
afternoon of the. decision .that+Judge
Sloss had handed doEIn. 49, 80 -
The decision opens with "a recital. of
the general provisions of 1.-THE Wood
ward. law; stating. =:
g: rhe act Of ihae Legislature. OF the seite of:
c'alifdCnia. approved March ?: 1903. comInoniy
sliall b. unlawful for any person to:sell upon
THE public whaiyes OF other property belong
ing !c this state in the city and county Of san
Ersncisc0 and within the jurisdiction Of the
Board -of state Harbor; commissioners any
. .. .~Eefishable prdiucts; uniess such. person
=. shall Hold the permit =: authoriz-
ing such sales 10 be made. The act further
provides that upon application .nf anX person
the Board Of state Harbor Commissioners shall
issue TO- the applicant a permit authorizing him
to sell such pershable products when delivered
on the .wharves state property during the
tirfle such per1s1dble' products permitted to
remain there. pfoyided the applicant. shall have
signed an application in which. be. agrees Ito
faithfully observe all the regulations which
are or may be prescribed by the Board Of state.
Harbor. Commissioners in regard to such sales,
and. in PARTICULAR. that he Will not during the
life of such permit be party to- any con-
spiracy, agreement. or understanding whereby
ne shall refuse to- sell TO any solvent purchaser
or-.buy from any person whatever; and that he
will sell impartially and at the same price to
all WHO. desire to purchase for cash without re-
gard TO their business or intended disposition
OF the product; and will exercise no discrimi-
nation whatever between buyers or sellers. by.
reason OF their occupation, afffiaton or non
affliation."
81 CO