The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-10-16
OWNER SECURES
INJUNCTION
Continued from First Page,

Al q ACSdI llllC IhCASOs
4. That, after the said hurricane,
which occurred on the night of the
26th of September and the morning
of the 9th of September, A. D., 1906,
had destroyed the said building and
fences upon the said property, your
orator and oratrix proceeded immed-
lately to reconstruct their fences
around the said property and to erect
thereon a home, for themselves, and
so continued to do without let or him
drance, as they had perfect right
to do, until, to-wit. the morning OF
the 18th day of October. 1906, the de-
PENDANT, Charles H. Bliss, accompa-
MED by policemen of the city of Pen
sacola and other persons, forcibly
went upon the said premises with
axes, picks, saws and crow-bars and
tore down the said enclosures and
building, without any right or author
ity whatsoever;
5. That, the said Charles H Bliss
is the mayor Of the city of Pensacola,
and, as such mayor, at meeting of
the city council of the said city, on
the evening of the 10th day of Octo-
Der, 1906, read a communication to
the said council informing them that
the said hurricane had destroyed the
buildings and fences upon the said
property of your oratrix and others in
the neighborhood, and that in his
opinion the land upon which the said
structures had stood was the prop
erty of the city of Pensacola, and ad-
vised that steps be forthwith taken to
prevent the re-occupation of the said
lands, and that persons who had Oc~
cupied the same hitherto be prevent
ed from re-entering into possession
and erecting structures thereon; that
thereupon the said communication OF
the defendant, as mayor, was, by
vote Of the said city council, referred
to the city attorney for an opinion;
that the said city attorney has never
rendered an opinion in the premises;
6. That, Notwithstanding the prem
Uses, and Notwithstanding no opinion
was rendered by the sad city attor-
ney, and notwithstanding the fact
that the said property above describ-
ed as belonging to your oratrix, Bar
bara Pape, was and continued to be
her fee simple property, the said
Charles H. Bliss, mayor as aforesaid,
but without any legal authority what
soTer. and without any title whatso-
ever, in the city of Pensacola, pro-
ceeded, with policemen and others,
as above stated. and in the manner
aforesaid, to tear down the fences
and buildings of your oratrix, Barbara
Pape, upon her property above de-
scribed, and did tear down and de-
stroy the same; and the said defend
ant, Charles H. Bliss, insists upon
preventing, and will. by means of the
police power of the city of Pensacola,
prevent your orator and OratriX from
upon their said property and
from re-enclosing the same and from
rebuilding upon the said premises;
Z. That, the said defendant,
Charles H. Bliss. by color of his au-
thOrity, as aforesaid. and by use OF
the police power of the said city of
Pensacola, which is acting under his
direction, will as fast and as often
as your orator and oratrix go upon
the said premisesoand commence to
erect fences or buildings, tear down
the same and eject your orator and
oratrix, their employees and agents,
therefrom by means whereof your
orator and oratrix will be continuous
ly subjected to damage and expense
and compelled to institute from time
TO time a multiplicity of suits against
the said defendant, Charles H. Bliss,
and those acting with him. all of
whom. including, the said defendant,
Charles H. Bliss, are insolvent;
g. That the said defendant,
Charles H. Bliss claims that the city
of Pensacola is the owner of the said
premises, belonging to your oratrix.
as aforesaid, by virtue of an act of
the legislature of the state of Florida,
entitled, "An Act to Grant the Water
Front of the City of Pensacola" that
your orator and oratrix allege that
the said city of Pensacola never did
acquire any title to the said property
under the provisions of the said act,
Or otherwise, and. that the said prop
erty was not at the time OF the pass
age Of the said act and the approval
thereof. to-wit, June 2, 1899, the prop
erty of the state of Florida; that if
the said property ever was the prop
erty of the state of Florida, the title
thereto was Invested out of the state
by virtue of the provisions of the act
known as the Riparian act OF the 18th
Of December, 1856;
9 That, inasmuch as the said de-
PENDANT, G. H. Bliss, protested to act
as mayor of the city of Pensacola,
and for the protection of the title al
legged by him to exist in the said city,
and inasmuch as the water front COM
under the said act OF 1899
to convey to the city OF
Pensacola certain Of the above prem
ises belonging to your oratrix. Barba-
"a Pape, and inasmuch as the said
city of Pensacola claims title thereto
under such action of said board,
cloud is cast upon the title of your
oratrix, Barbara Pape. greatly pre-
judicial therto, and inasmuch as is
1t the purpose of the city of Pensacola
to attempt to avail itself of the ac-
ton Of the said Charles H. Bliss and
to endorse the course taken by him,
as aforesaid. it, the said city of Pen
sacola, is made party defendant
hereto.
Foreasmuch, therefore, as your ora
tor and oratrix are remediless save
In court of equity. and to the end
that the said defendants may If they
can show why your orator and ora
trix should not have the relief here