The San Francisco call., 1908-09-06
STOPS BLASTING
ON TELEGRAPH HILL
Judge Murasky Issues Perma-
nent Injunction Restraining
Gray Brothers
Tactics of Company in Despoil-
ing Property Hkened
Unto Shylock's

In a decision comparing Gray broth
ers crushed rock company to Shylock,
and informing them that, in asserting
their own rights they must also respect
the rights of their neighbors and of
the city, Judge Murasky yesterday
permanently enjoined the company
from blasting on Telegraph hill. This
important opinion, rendering possible
the preservation of so much of the old
landmark as Gray brothers have left,
marks a complete victory for the resi-
dents of the hill and for the ladies' or
ganizations who have been fighting for
such an injunction for years. The or
der is absolute in its terms, and can be
attacked only by an appeal TO the SUI
preme court. The litigation which has
eliminated in the granting of the in
junction has been conducted by Assist
ant City and County Attorney Jesse
Ii. Steinhart.
IN SITUATION OF SHYLOCK
The defendants are much in the
situation of Shylock, who was entitled
to his pound of flesh, but to no drop of
blood, and who could cut only at his
peril" writes Judge Murasky in the
most interesting part of his decision.
THE company may be entitled to- bring
Calhoun street down to the established
level, but if it reduce the street below
The engineers testimony shows that it
is difficult If not impossible to say
how much more earth may be removed
without causing a slide that will bring
down the street, or a crack which the
rains of the coming winter will widen
and deepen and by which the material
will be loosened, 'endangering that part
of the hill. AS the case stands, 1t ap-
pears that further excavation may or
may not to a considerable extent oblit
crate Calhoun street, and the city has
the right to forestall such an event by
demanding prevention relief. 1t would
be too late to act after the injury was
caused"
STREET IS THREATENED
The property owned by Gray broth
ers on Telegraph hill is the block
bounded on the west by Calhoun street
and by Sansome street on the east.
Gray brothers have already graded the
property westerly from Sansome street
TO a point where the city claims Cal
houn street is threatened with destruc-
tion. Describing the present situation,
Judge Murasky in his decision says:
Calhoun street runs over the top of
the hill and is irregular in its elevation,
in one place being Ii feet and in an
other SO feet above the established,
grade. A huge talus, or slide, falls
from Calhoun street, or a point near it,
in an incline to the floor of defendants
property. Upon this slide and upon the
face of the cliff the company has been
working-excavating, blasting and
picking-until it is contended that there
is danger of the mass of earth in the
slide coming down, tumbfing Calhoun
street with it upon the land of the de-
fendant. That the company has right
TO eXcavate upon its eWn property lis,
undoubtedly true, and that it's pernit-
though its validity is questioned-may
authorize it to take the top off Call
houn street may be conceded. But all
such work must be done with respect
to the rights of its neighbors and of the
city; and if the exercise of It's rights
would result in the sremovaIaof the lat
eral support of Calhoun street. so that
it would cease to be a street or would
be reduced below the official grade, the
company must stop.
PUPILS ARE IN DANGER
Gray brothers were also in Judge
Murasky's court yesterday in connec-
tion with the order to show cause why
they should not be permanently en-
Joined from blasting at their quarry on
the block bounded by Diamond. Thir-
tieth, Castro and Thirty-frst streets.
An affidavit by Mrs. Frances Quinlan,
principal of the Clement primary
school, was read by Attorney Steinhart
1t stated that a blast August "a sent
rocks and dirt flying into the school
yard, where about $50 children were
playing. Three of the children were
hit and hurt, while the others were
frightened.
Several witnesses testified to damage
caused by the blasting, after which the
hearing went over one week.