WAR ON THE RAILROAD =i n Three of the [Monster’s Tentacles Severed. CALIFORNIA TO BE _ FREE. Public Sentiment Against the Monopoly. THE PEOPLE ARE AROUSED. The Oakland Water Front, the Oppo sition Ferry and the San Joaquin Road Cripple the Octopus. Monopoly’s sufferings at the hands of the public yesterday were great, but noth ing to what they will be if the plans con ceived are brought to maturity, and of that there is every prospect. In three vital places deep incisions were made into the body of the octopus, and the wounds hurt the creature that has had itself nursed so long by California, draw ing the very life blood from the State in order that it might fatten and grow. This is what was done yesterday. The League of Progress joined hands with the Traffic Association in the matter of push ing through the San Joaquin Valley Rail road. The Rosalie, packed to the guard rails with uncomplaining passengers, steamed merrily across the bay, and every man, woman and child she carried at a nickel reduced by more than twice that sum the amount that would have been dropped into the Southern Pacific coffers. In the courts Judge McKenna again demonstrated that in this case justice will not be prejudiced; while the Councilmen of Oakland carried on their fight on the lines laid down. Truly, it was a bright day for the peo ple; a dark one for monopoly, draw money out of the pockets of the rail road magnates and not to benefit the public. But in this particular the San Joaquin road will stand unique in the railroad history of the country. Though the Traffic Association of California will withdraw as an organization from active interest in the road, when it shall be completed, and although it will have its own officers, yet the association will always act as a guar dian of the interests of the merchants of California. The charter will be so drawn that the new line must forever be a com peting one, and the very laws that give its existence will prevent it even entering a pool with its rival. Lawyers are already at work upon the papers that will secure this line to the peo ple, and they say it will be an easy matter to so put up the safety gates as to prevent any danger on this score. Though hundreds of merchants have signified their willingness to aid the new road to the fullest extent with money and with influence, yet in every case the post erior is added, “Please withhold my name.” Even when the joint committees of the League of Progress and the Traffic Asso ciation go to work next week the names of the persons so acting and those of the men who subscribe will be carefully guarded. ‘There is good reason for this, and at the same time it is a blight upon this age of advancement that such reason should exist. It has been given out by Southern Pacific people that friends of the new enterprise “‘will be remembered.” Several merchants have been told this within the past few days. ‘‘Will be remembered” means black list, discrimination, annoy ance of every kind. It has been prac ticed time and again, and California will see more of it within the next few months. Of course, the merchants who will sub scribe to the San Joaquin Railroad are at present shippers over the Southern Pa cific lines, and must depend upon these routes until the new one is constructed. They know well that if their names are made public their goods will be side tracked and delayed, and every effort made to inconvenience them. Nothing is easier for a railroad to do, and there is no redress. So, to protect their interests, many of them will act in secret for the present, and the organizations having the matter in hand will respect their wishes in the matter. There will be an important meeting of the League of Progress on Thursday even ing, and the railroad project will then be thoroughly discussed. Now, that this or ganization has taken an active part in the fight, it proposes to do as much as the Traffic Association. A few more facts will be of interest to those who will be asked next week to take part in this pew enterprise, and these facts show that it may well be considered a good investment. As before shown, the pew road will pass through the counties of San Joaquin, Stanislaus, Merced, Fresno, Tulare and Kern. These six counties produced in 1892 about 10,000 car loads of the product of the orchard and vineyard, 390,000 tons of wheat or about 39,000 carloads, besides large quantities of barley, hay, vegetables, livestock, wool, timber, etc. Of general merchandise, implements, machinery, coal, salt, lime and other building materials po statistics are ob tainable. In addition to the agricultural products of the valley proper the foothills are sus ceptible of a high state of cultivation in fruits of many varieties, said to be even superior to the level valley, to which may be added the vast timber tracts higher up the mountain sides, which will, as they are called into requisition, yield a very large traffic. Besides there is granite of finest quality, marble and other building materials in inexhaustible quantities. Petroleum is also found as well as asphalt, and lately a superior quality of lignite coal has been developed in such vast quantities and so cheap production as to revolutionize the fuel question of the State, offering a steam coal cheap enough to encourage the establishment of indus tries in this city and the valley. logic, the result is still “gloriously uncer tain.” The Southern Pacific Railway Company endeavored, however, to force the ques tion of title upon the court’s notice in a persistent effort to bring the entire con troversy upon its supposed merits, upon a mere application for a restraining order, and so far there is this much certain: That the court does not regard the question of title as being immediately relevant, and the only affidavits within the cognizance of the court in support of the railroad company’s claim are the original two upon which Messrs. Brown, Moore and Martin based their bill of complaint. That does not prevent those wily masters of the law from working them in, in some way or other, though, and both Messrs. Brown and Moore found occasion to read extracts during yesterday’s argument from the very affidavits excluded. The position assumed by the counsel for defendants is very strongly fortified by logic, whatever it may be by legal prece dent. It is simply this: The action com plained or is passed; therefore an in junction cannot apply to that. No like action is contemplated for the future; therefore an injunction is not necessary. The additional affidavits of the city have no status in the court as yet. If, after the law points are thoroughly sifted, it may be found necessary to take up the facts of the case, the depositions of living witnesses may be needed, though it is not quite clear what effect they can have upon a contention for an injunction when the defendants have already admitted the occurrence of the acts alleged against them and over that they do not intend to repeat such acts, but, on the contrary, will allow the Southern Pacific to transact its busi ness upon the Broadway thoroughfare the same as any common carrier upon any pub lic thoroughfare of the city of Oakland. Nevertheless, the railroad company is ap parently determined to force a considera tion of the question of title by the adop tion of such tactics as will deluge the court with testimony upon that point, despite the court’s attitude, because Horace W. Carpentier was to have appeared before United States Commissioner Heacock at 2 o’clock in the afternoon to have his depo sition taken. Instead, however, the coun sel for the Southern Pacific appeared and secured a postponement until Friday at 11 o’clock in the forenoon. Attorney Brown occupied much of the afternoon session, as well as nearly all the forenoon, and his contention in a nutshell was that the Southern Pacific was in actual possession of the premises at the time, and the city authorities could not right fully have come there and pulled down the company’s fence and build ings. If such an action was upheld any dozen tramps could do the same thing, anywhere, at any time, thought Mr. Brown. With his head rising majestically above some leather-covered volumes from the “Southern Pacific Library,” he de nounced the action of Mayor Pardee and the Oakland city officials as a trampling upon even the “Penal Code’; “that they had spit upon law, spit upon justice, spit upon precedent and followed their own mad desires.” The legal talent, which principally constituted the small audience present, manifested some amusement. Ac cording to Mr. Brown, what the city offi cials should have done was to have passed an ordinance calling for the removal of the obstructions, and then it should have served notice upon the Southern Pacific of its intended action. Instead of doing that the officials had proceeded by stealth, and had deprived the railroad of any op portunity to prevent their action. In support of his side Mr. Brown offered an abundance of authorities and pre cedents—he even sent out and had more volumes brought into the courtroom, and he stuck to the point of the railroad having been in actual possession much like that friend that sticketh closer than a brother. H. A. Powell followed him, in the city’s behalf, taking the position already alluded to, namely, that an injunction could not apply to past deeds, and future acts of interference with the railroad company were not contemplated. The argument will be resumed again this morning. ated at a disadvantage, they are giving it a liberal patronage.” “In my case,” remarked # bystander, ‘* patronize the Davie line whenever it is convenient for me to do so; and when it is not I buy a round-trip ticket over the old line. It costs me a trifle more each month, but the satisfaction I derive by assisting in the upbuilding of a competing line fully compensates me.”’ “Boss, if that little Rosalie keeps up her present lick and gets the assistance of an other boat we won’t be able to earn our salt,” said one of the porters of the Piedmont. ‘A few weeks ago we carried a large crowd every trip, but now we only do a good business in the mornings and evenings when the commuters are crossing. The transients are patronizing the new line.” The passengers on the Piedmont gath ered on the dock to watch the little opposi tion steamer, and it seemed strange to hear the words of commendation bestowed upon it by the patrons of the old line. A CALL representative determined to learn the reason for such inconsistency, and be gan to ask questions. One bright little lady said: “Why am I riding on the Piedmont instead of that pretty little boat? Well, it is because I have a commutation ticket for this month, and cannot afford to lose the benefit of it. Just as soon as the 1st of next month ar rives you can depend that I will patronize the new boat. “For several years I have been employed as a stenographer in a law office in San Francisco, and have witnessed thousands of poor laboring people pay twenty-five cents for a round trip, when I felt confi dent that they needed it to buy better clothing, if not food. Of course it is cheap enough for me, buying commutation tick ets as I do, but I have a fellow-feeling for those who are not so well off in this world’s goods. “Tam fully satisfied that such a high price has not been necessary to enable the railroad company to make running ex penses and a fair profit, and I am willing to inconvenience myself a little in order to assist the poor instead of a rich corpora tion.” “You want to know why I said hurrah for the new ferry ?” said a business man, “then I will tell you. In my pocket I carry pass over the Southern Pacific line, and for fear that its spotters might catch me traveling over the other line I patron ize the railroad ferry. I can afford to pay for riding on its ferry, for I get a large amount of travel on its railroad free of charge!” Every passenger addressed gave a rea son for patronizing the old ferries, and with few exceptions they announced that as soon as the Davie Company furnished more steamers they would give it their patronage. On the Piedmont there was not to ex ceed 100 passengers, while the Rosalie upon the same trip was carrying fully 300. This condition exists at all times, with the exception of a few trips in the day when the commuters are returning home from their work. On the Mission-street dock there was a scene of animation. Before the depar ture of every boat the space allotted for passengers was crowded with people who were full of exultation over the oppor tunity afforded to spend their money where it would not reach the pockets of the millionaire owners of the Southern Pacific. “For fifteen years I have resided in Oakland, and almost every day of that period I have been compelled to pay tribute to the greed of the Southern Pacific, and you do not know how happy it makes me to be able to change the programme,” said one passenger. ‘“‘Just look at the crowd. I am sure that not one-tenth of them are coming this route in order to save money, but solely for the purpose of crushing a monopoly that has oppressed them for years. “In New York, where I came from, 3 cents is all that’ is asked for ferry fare, and an additional two cents would have been sufficient for the Southern Pacific. But it has not been satisfied to accept a reasonable profit, but has robbed the people until forbearance has ceased to be a virtue.” “I would have liked to have gone home an hour ago, but rather than neglect an opportunity to aid the opposition ferry I have waited,” said another passenger. “If the Davie Company will put on one or two more steamers it will secure nine tenths of the business between San Fran cisco and Oakland,” said one passenger. “Under the present arrangement it is often very inconvenient to wait two hours if you are unfortunate enough to miss your boat. When that is remedied the people of Oakland will be happy.” “I am compelled to walk several blocks out of my way in order to patronize the new ferry, but I would be willing to walk even a mile,” said one passenger. “Unless you live in Oakland and are compelled to make frequent visits to San Francisco you cannot realize just how glad we feel over the establishment of an opposition line.” Upon all sides could be heard words of praise for the Rosalie and condemnation of the Southern Pacific, and the good will of the passengers was fully sustained by the cheers of the waiting crowd at the Oakland dock. On the 5th inst. the Rosalie began run ning between San Francisco and Oakland, and up to the 234 inst. she had carried 86,478 passengers, representing $4324 for 183 round trip. This also represents for the Southern Pacific an actual loss for one month of over $12,000, if the city of Oakland should win its suit in the United States court the Broadway wharf will be covered in, put in comforta ble condition for the new ferry line and electric street railways will be all centered at that point. When that arrangement is completed the Davie Company proposes to furnish free transportation to its patrons over the electric roads as far as Thirteenth street. Arrangements are about completed for letting the contract for another steamer for the Davie line.g@it will be a handsome vessel, and will be capable of making the trip in twenty-five minutes.