The San Francisco Call. Newspaper, January 8, 1906, Page 2

o THE SAN FRANCISCO CALL, MONDAY. JANUARY & 1906 GOULD RAILROAD CORPORATION PAYS NO HEED TO INJUNCTION ISSUED BY THE Temporary Inactiv- ity When Sherift Appears. ‘g Guards Behind Bar-| riers Exclude the | [)L ,"l]‘. i o “. R Dredging Company Also I\;‘c‘;\.\ UD Operations. JTEAMER, LEADER. AND BA DISCHARGING RA1LS be help- AGAINST SOUTHERN PACIFIC. ESTABLISHED BY DREDGING CO - CONTINU! > D TRACK LAYING YESTERDAY FOR THE G COMPANY, WHICH IS UNDER CONTRACT TO THE ! elected to place the mud behind the & training wall g wall, just as it was mole upon the§ Ple 1l years ago behind the e ip | south training wall and formed the line as existing | Alameda mole. The Southern Pacific € se acore- Company has laid a track along that g f we water | fill, and, it Colonel Hener be correct, low tide It has been laid on Federal propert . t of that ' Just as the tracks along the fill oppo- < s claimed | Site have been laid by the Western Pa- cific people. DREDGE MEN UNDER CONTRACT. The Federal aspect of the sityation tends to throw into the background the tide lines controversy, although this is line would a with its the waters, yery important because the Western Pacific will be compelled, no matter e | what results from the United States c mtrol is what gives!end, to take some of the disputed land c . ¥ r for the the War De- from the fill for its tracks and sta- partment the right to where the tlons, if it wins a permanent place on e dredging of the Oak- | the fill shall be deposited. He! In the movements of the American If You Are in Quest of High-Grade Clothing Do not neglect to attend the January Clearance Sale wof.. Alfred Lilienfeld & Co. Full Dress Suits, Tuxedo Suits, Prince Albert Suits, Overcoats, Ulsters and Cravenette Rain Coats The production of America’s Foremost Clothiers ..on Sale at... Greatly Reduced Prices . Alfred Lilienfeld & Co. 201 .and 203 Kearny Street At Northwest Corner Sutter St Twentieth Century Clothiers Dredging Company men and the West- ern Pacific employes to-day on the fill there was every appearance that they were being gulded by persons who pos- sessed full knowledge on the subject of the crossing of the tide lines on the fill. It appeared as though, after all, the work might have been undertaken this afternoon on the theory that the point of operations was not included in the injunction order, which ran that the Southern Pacific Company claimed all land to low tide line and “accre- tions thereto.” It is sald that the Western Pacific attorneys consider this as sé,vague and ipdefinite’ that they were unable to in- terpret its meaning. Hence another neason for avhat on the face of things appeared as a flagrant disobedlence of a command from the Superior Court. But all of this will be for the lawyers to thresh out unless the Federal end pf the case shall block the moves of the State courts. LAY TRACK ALL NIGHT. Daybreak this morning revealed that the work of laying the track on the fill had been continued throughout the night, and under cover of a dense fog which hovered over the western shore of the bay large gangs of men were still at work this morning. As the fog lifted the workmen could be seen from the shore busily em- ployed in leveling the surface of the fill and placing in position the ties for more track. Across the training wall and fill, at a point about a quarter of a mile from the Peralta street slip of the Southern Pacific Company, a deadline had been marked by throwing several sectlons of dredging pipe on supports from side to side of the narrow strip of land,and beyond this point no one who had not an authorization from the officials of the American Dredging Company was allowed to pass until late in the day. Behind the deadline armed guards in the employ of the company had established a camp, and every person who came down the training wall was turned back by a group of grim men armed with shotguns. » The same precautions against interfer- ence had been taken along the entire length of the training wall, and no boats were' allowed to land on the long line of rock unless they were manned by em- ployes or officials of either the Western Pacific Railroad or the American Dredg- ing Company. Several boats, the occu- pants of which were impelled by curi- osity to get a closer view of the gpera- tions of ‘the. workmen, attempted to ap- proach the training wall for the purposg of landing, but in every case the recep- tion accorded by those in charge of the work was the same, . SIGHTSEERS WARNED OFF. The sightseers were warned to keep off, and if they persisted in their at- tempts to'land on. the wall they were roughly informed that unless they desist- ed they would be kept from getting a footing on the wall by force. In several cases the employes of the dredging com- pany picked up pieces of rock and waved them threateningly to enforce their com- mands against trespass. In addition to the workmen who were employed in grading and laying track a large gang of men was employed in un- loading a cargo of heavy rails from the steamer Leader, which had drawn up at the side of the training wall in the early . hours of the morning, the discharging of its first track-laying operations. the rails being commenced at once. ‘With the aid of a donkey engine, and a | ks 'SUPERIOR COURT Frantic Efforts to Construct Line Along Fill to Bay Are -Continued. way right into and through the heavily entrenched position of its rival, the Southern Pacific, and it was 3 o'clock this afternoon before word ‘was sent to Attorney Stanley Moore of v:he Southern Pacific Company that the in- junctions sued out by himself and At- torney J. E. Foulds late the night be- fore had failed to stay the operations, which it was expected would be in- stantly stopped upon the arrival of the legal representatives with the order of the court. How to explain this open violation of court orders is more than the attorneys for the Southern Pacific have been able to do so far, except under the supposition that the attor- neys for the Western Pacific are cal- culating that the tracks are on land that it will eventually be decided be- longs to the Federal Government and therefore not within the lands which the Southern Pacific is entitled to. COUP CAREFULLY PLANNED. That there has been much clever ealcu- | lating upon the part of the Western Pag cific attorneys in this bold stroke for an outlet for a great transcontinental line is indicated by the portion of the long nar- row strip of land chosen as the site for ¥ L1t was at neither end of the long strip ‘of land but about in the middle of it that the huge derrick, the rails were swung across ; work was begun and hurried toward the the wall and landed® on the fill on the ! mainland end. opposite side. Nearer the western end of the training wall a schooner loaded with ties of the regulation lengsh for standard broad-gauge track was drawn up, ready to discharge its cargo. The work of land- ing the ties, however, was nct com- menced. Drawn by the published reports of the work now in progress on the fill, and of the fight between the two great railway companies, hundreds of people this morn- ing visited the scene of operations, -but without exception they were turned away disappointed until this afternoon, when it was brought to the attention of the offi- cials in charge of the work that they were keeping the public from property owned by the United States Government. After tnis those who could show that they had legitimate reason for landing on the training wall were not interfered with by the guards. S. P. OBEYS INJUNCTION. Since the service of the injunction se- cured by the Western Pacific Company, the Southern Pacific Company has made no attempt to continue the work of ex- tending tneir bulkhead from the western side of the Peralta-street slip to the training wall, and at noon to-day the piledriver which had been employed In the work was drawn back to the wharf at the side of the slip. Before the service of the injunction the bulkhead had been partly built to a point where it reached the inner portion of the training wall, which, aiter it reaches a point a few hundred feet from the Peralta-street slip, curves to the north, and follows the line of the wharf to the shore of the harbor. A permanent camp has been established for the guards at the dead line, and a force of half a dozen men is kept there night and day to prevent forcible inter- ference witn the work now going on at the outer end of the fill, and at all points alone the training wall a sharp watch is kept to prevent unauthorized persons from trespassing on the fill, although no attempt is now being made to prevent landing on the wall. Standing at the point where the dead Hne was established, and looking west down the narrow strip of dry land, which marks the fill, it appeared to the observer that hundreds of men were at work grading and laying track, Some car- rying and laying the ties in thelr proper places, others leveling the unequal sur- face of the fill, and still others, in gangs of a dozen each, placing the heavy ralls In position. During the hoiurs of the morning’ this busy scene was often inter- rupted by the attempt of various people to lagd on the training wall, and when this happened one of the foremen would jump to the top of the wall and gruffly order the intruders to keep off. If the order was not promptly obeyed, or argu- ment was attempted, reinforcements in the form of half a dozen husky laborers ‘would appear at the side of the foreman, and the command to keep off would be repeated. It was never disobeyed. MEN WORK HURRIEDLY. The work of discharging the ponder- ous cargo of the Leader was carried on with great dispatch; the rail being Swung to the shore at the rate of one a minute. As soon as dne was freed from the heavy chain sling the arm of the derrick was swung back over the deck of the steamer and an instant later the order to haul away would be | glven and the long rail, the heaviest used in railroad construction, would swing in the shore as if it weighed no more than a fence rail, to be carried away a féw moments later and be spiked to the ties. On the narrow-gauge mole the em- ployes of the Southern Pacific Company watched the work with curious eyes and many were the opinions expressed as to what the rival company expected to do with that strip of track “in the middle of the bay.” One man was heard to say that it was being con- structed as a runway to “give fhe air- ships that the Western Pacific was go- ing to use a start on their way Hast.” It was not until long after the n hour that the fog lifted from the tide land and disclosed the activities of this In seeking for a reason for this, Southern Pacific attorneys no- ticed the fact to-day that the center of the strip of land corresponded to about where it was contended the low water mark showed on the marsh land. Out to low water mark is as far as the Southern Pacific claims its holdings go, consequently the alm of the Western Pa- cific in laying its tracks toward the mainland was to cover the disputed terri- tory and take its leisure to finish build- ing the track toward the outer end of the embryo mole. As the matter rested at dark to-night a line of railway extends from the center of the strip, which paced off by a Call representative was approximately 2000 yards in length, for a distance of 600 yards toward the mainland, leaving | about 400 yards still to be laid in this direction. From the center toward the outer end of the mole no track had been laid, but the survey had been made, the stakes et and the land leveled, and it is probable wmt before another day has passed, if the injunctions are not obeyed, the entire strip with the exception of the 400 yards at the mainland end will be traversed with iron rails serviceable for running trucks to be pushed by hand over them. Ana these trucks are ready on barges to be put on the track. Should the Western Pacific, now entrenched in its position, succeed in holding the land, and by means of its condemnation proceedings succeed in making a juncture from their holdings near the Peralta street slip, a collosal move will have been made for land suffi- clent to accommodate several lines of track. i BOTH .COMPANIES DEFY COURTS. ‘While no heed was paid by the Western Pacific to the injunctions issued by the local courts the same unconcern was shown by the American Dredging Com- pany, to the injunction the Southern Pa- cific bued out against it. All day long the big pipe discharged its flow of mud and water pumped out of the bay onto the lands claimed by the Harriman road. Nor was_the big piledriver at the new bulk- head any more observant of orders re- ceived, and the donkey engine worked all day long ralsing the heavy iron weight which was let fall on the piles it was engaged in driving. Everywhere it was a scene of bustle and activity. Besides the throng of workmen en- gaged in laying of tracks and unload- ing of supplies, the strip was visited by many special detectives. In whose employ they were no one seemed to know. But during every half hour of the afternoon launches came coughing along the estuary and deposited several of these sleuths, who, after viewing the situation, went their way, only to be succeeded by others later on. To add weight to the operations al- ready taking place at 3 o'clock in the afternoon the schooner Montezuma, in tow of a launch and loaded down to the water line with large timbers, was alongside of the western extremity of the mole and moored fast to some stakes driven into the ground, #ind evi- dently ready for the use to which they ‘were to be put. ‘This piece of land, it is presumed, is beyond where the Southern Pacific can claim and the tim- bers were of such size and weight that ‘no conjecture could be made as to what they were to be used for, unless for the foundation of some sort of substantial building. They were not ties, nor seemingly could they be used in rail- way construction, but it is expected that the next twenty-four hours will develop the purpose to which they are to be put. 3 b GREEK CREWS SILENT. The entire crew of Greek workmen are strangers to this part of the coun- try, and the foreman stated to-day that he had only been here about two weeks. The men are boarded on a scow on the bay, and It is stated that they were brought here from the East, and are similar to crews used by the Gould 71 Traveling In Japan, Or any clyilized country, you can procure Lax- ‘strange new railroad that is forcing its m-:t. E. %‘? Gmdllszum- b-:'é . railways in case of strikes. They see no one, talk to no one, and when ques- tioned know nothing. : The man in charge of the pile-driver was quite as uncommunicative. He aia not know for whom he was at work. am working for the almighty dol- " he sald,.“and no other 'boss. la Asked in regard to the injunction, he said: “This is Gevernment land an: they cannot stop us working here.” little later, however, he was in the | rear end of a launch hurrying towards | the eity. | At ‘the big dredger stationed just out beyond the lighthouse at the end of the ! mole a guard was maintained and no ! one ‘was allowed to approach it. stationed out of reach of the land It was not so difficult to maintain the | privacy of those engaged in operating | the pumps and other machinery. Once | during the day the location of the ! aredger was changed and it was moved | a little farther out into the bay, but otherwise there was no let up to the | pounding of the engines on flow/ of | water through the pipes. Superinten- { dent Harris of the American Dredging | | Company was on duty and ordered the ! progress of the work. Last night the injunction orders were served by Sheriff Barnet on the en- gineer of the dredger and on the E. B. and A. L. Stone Company, which is doing the construction work for the ‘Western Pacific. Barnet, who was ac- companied by Deputy Sheriff Scanlan, Attorney Stanley Moore, A. W.Baker, assistant division superintendent of the Southern Pacific Company, and other Southern Pacific employes, was halted by the armed guards at the Western Pacific’'sdead line. “There were threats of shooting and demands to hal says Sheriff Barnet, “but we paid no atten- tion to the guards, except to tell them 1 would arrest them unless they ceased their demonstrations. To-day I was called out again on the summons that the injunctions were being disobeyed.” Officials of both the Southern Pacific Company and the Western Pacific were largely in evidence on the fill and along the estuary during the day. Launches by the score patrolled the estuary, many of them crowded with Western Pacific and the American Dredging Company. The relations be- tweent the two companies have been definitely established. Two years agents of the Western Pacific contract- ed with the American Dredging Com- pany to make the fill over which the contest wages to-day. This arrange- dredging company’s contract to dredge Oakland Harbor, and was on the same lines ‘as that which the Southern Pa- cific Company made to have the Ala- meda mole filled. The Southern Pacific attorneys take the stand the American Dredging Com- pany and the Western Pacific can be held in contempt of court as the result of their operations to-day. Thus did J. E. Foulds, the Southern Pacific at- torney, declare himself to-day. W. S. Paimer of the Southern Pacific Com- pany sald to-night that the Southern Pacific Company would rest,its case upon the decisions of the courts. “This whole disturbance,” he commented, a teapot. lieve,” the ultimate result will be in favor of the Southern Pacific Com- | pany's claim of title to the disputed lands.” 0 N. R. Harris of the American Dredg- ing Company was served to-night with the injunction issued last night re- the mud back of the bulkhead. He =ays that the company pald ne attention to the writ to-day because he has a per- mit from Engineer Heuer, who repre- sents the Federal Government, and the tion. He also explains that the injunc- tion is too indefinite. the Southern Pa- cific making claim to lands created by “aceretions,” upon which he places a world-wide construction, F. S. Johnson, chief engineer for the dredge company, was also served with a copy of the injunction to-night. € i ON FEDERAL PROPERTY. Colonel Heuer Finds New Track Lies on Training Wall Strip. “I spent three hours to-day at the scene of the operations that are caus- ing so much excitement,” said Colonel Heuer last night, “being impelled to go over there by the report that the Southern Pacific Company had failed to repair the cut it was alleged to have made In the Government training wall. I found that the statement that it had made such a cut was false. It had not touched the training wall at all, but had merely built a trestle up to it. It would have had no right to make any cut, and had it done so, I would have ordered the wall restored at once. “I was greatly surprised at some- thing else I found there. though. and that was that the Western Pacific had constructed the track it has been hastily laying, not on State property, as had been stated, but on Government land—in fact, right over the training wall. You see this wall is in the shape of an inverted wedge. It is six or seven feet wide at the apex and about eighty or ninety feet on the base, and constructed of rock. The new track of the Western Pacific I found was laid about twenty feet from the top of the wall. This would bring It within the outer edge of the wall's base, and con- sequently place it on Government prop- enr This put an entirely new phase on the case as far as the Government was concerned. I had been led to be- lieve that the newly constructed track was on State land. It is about the craziest piece of track that I have seen. There was about a mile of it.” WILL WAIT FEW DAYS. “Did you give instructions to have what\ track was constructed removed and work stopped?” was askedof Col- onel Heuer. “I couldn’t find any one who was re- sponsible for the work,” he replied with a smile. “I tried to find out by whose order§ the track had been laid, but there was no one around who seemed to know.” “Well, will the Western Pacific have to get off?” was asked. Colonel Heuer would not answer this question directly. He did not exhibit any anger at the situatlon, but his statements indicated -that daid not think proper courtesy, to say the- least. had been shown by the Western Pacific people in executing the coup by which they hoped to outwit the powerful rival that was trying to obstruct their pro- gress toward an advantageous ter- P b5 1 wait two or three see what the Western Pacific 'l,:”n:)‘-“yd will do,” he replied. “The matter comes up in court on the injunction proceed- mgs on the 12th, I beiieve.” “But doesn’t the fact that Ine new track lies on federal property deprive the State courts of jurisdietion?’ was asked. Colonel Heuer made no definite an- Being | DREDGE MEN UNDER CONTRACT. men, evidently in the employ of the | ago | ment was made in connection with the | “seems to me nothing but a tempest in | The controversy will have to | be settled in the courts, where, we be- | straining the concern from dumping | State courts therefore have no jurisdic- | PREMIER SCORES BALFOLR RULE- Campbell-Bannerman Says Evil Inheritanee Has Been Left by Unionist Party S ] {DENOUNCES PROTECTION | Declares It Is Immoral and Oppressive and Works Only to Advantage of the Few 3 L LONDON, Jan. 7.—The election address ¢ Campbell-Bannerman, the f Sir Henry Camp maz, the | {o Premier, is wholly devoted to Vi indictment of the late Government's rec- ord and its policy on protection. The Pre- mier declares that the last decade repre: sents a well-nigh unbroken expanse of | mismanagement and legislation conducte { for the benefit of the privileged classes. of wars and adventures abroad, ha”i‘f | embarked upon and recklessly pursued. {ana that the legacy the Unionists be- queathed _to their successors is in the main a legacy of embarrassment, an ac- cumulation of public miscnief and cok | fusion absolutely appalling in its extams | and remifications. He" declines to regard Balfour's free- trade tenets as having more than a nom- | inal place in the estimation of the major- ity of the Unionists, whose fiscal reform o he holds is fraughts with incai- policy ] L | culable mischief to the nation and the | empire. He characterized protection as jmmoral and oppressive, based, as he says | it must be, on the exploitation of the | community in the interest of the favored | trades and financial groups, and declares the policy of his Government will be to hold to the time-honored principles of | Liberalism, peace, economy. self-govern- | ment and civil and religious liberty, and | to pursue a substantial continuity of the | foreign policy without departing from the friendly and unprovocative methods ad- | hered to by previous Liberal administra- tions. swer to this, but repeated that the matter could rest a few days. “The Government, through the Secre- tory of War, could grant permission to |lay such a track,” he said. ‘No, the Secretary of War has not granted any permission in this case. I know that, | for all proceedings in such a matter | would have been carried on through | me. “The Gevernment doesw't object to | the laying of tracks on its property as | long as such tracks do not Interfere with commerce and navigation,” con- tinued Colonel Heuer significantly. | “There is a proper and gentlemanly | way of going about such things, though,” he added. “This thing of lay- ing tracks without getting any sort | permission from the right source un'tv the usual proceeding.” “It would be easy for the Western | Pacific to move over onto State prop- erty, wouldn't it?” was asked. | | “An the company would have to do would be to move its track about | twenty feet,” was the reply, “and it | wouldn’t take much to move such track | as that laid. The State owns all the | 1and between the training wall and the Oakland mole of the Southern Facific Company.” “But there’ll be no peremptory .or- ders for the Western Pacific to remove the track it has laid over the rock | wall structure of the Government?” | was asked again. Again Colonel Heuer repeated that | ne would wait two or three days to see | what the corporation would do. Wash- ington would be communicated with during that time he sald. | BOGUE VISITS HEUER. | The telephone rang and the urbane engineer officer, after answering, said casually that Mr. Bogue, vice pres- | ident of the Western Pacific. was com- ing out to see him at $:30. That there might be a great deal of significance in the visit Colonel Heuer made no in- timation, either by word or manner. “I shall probably tell him the proper method of procedure in such matters as these,” was all the engineer would say in regard to the imminent visit of | the Western Pacific official. ~ “These things should all be done through the authority of the Secretary of War.” Colonel Heuer said that the forty or fifty foot strip of land under Govern- ment control from the edge of the | tralning wall's top at the water side | to the line above the outer edge of the mud covered part of its base was hard- 1y wide enough to be of much use to a great r~ilroad for a terminal, as such a road would need, perhaps, acres of ground. He did not say, however, that such a strip would not be of grear | strategic advantage for the laying of |tracks over which to run a larger area of State land at the water's edge that might come under control of such a corporation. He sald there were 300 or | ‘1“0: acres of State land created by the cured. Dr. l;iccu'l Favorite Prescription is scienti| an Il mete et -~ le native medicinal As a vorite the whole tinetly fem! tated teachers, m ted to woman’s delicate System. in ta effects tn any medicine, nnY lfl:?‘md nde.fllzlf Itul mad uterus. It Dr. Plerce's Ploasenl the stemach, 3