davidaulloa/AmericanStories huggingface dataset:
The morning call., 1892-07-21

Oakland Harbor,u meaning py the words SOAK
land Harbol" the e.tuaTy OF San Antonio and
tbe Whoie thereof. as is evidenced by the fact
that TIE training walls built by the Government
commence respectively with the inner shore OF
me estuary, and The further fact that II is neees
saty Tor the requisite OF a harboT that Tie waters
between The lines OF ordinary low tide should Ie-
main absolutely unobstructed.
Inc several acts OF Congress and OF the LpgIs-
iatute oil MS state show cOnclusivey that IL mas
been aud Is the Intention OF The National and
state governments 10 dedicate, and that thew
haye dedicated, The estuary OF San Antonio, or
oakland hatbor, 10 the public as q highway for
navigation. And this includes the whole estuary
between the lines OF ordinary low tide and
neither private citizen nor a company nor even
the State itself, has any right to appropriate any
portion OF IL TO any use Inconsistent with or in
JuiIous 10 the right OF the free and uninterrupted
naNgauon OF the said estuary and every part
thereof $3.50
wherefore my conclusions are and 1
(d) That The estuary OF San Antonio, or Oak.
iahd harbor, and the whole thereof between the
.oes oil low TIDE Is public highway for nayiga-
ton and the Oakland Water Front Comnanv liz.
no right 10 use, build whasves within or BRIDES
across. or 10 exclusively occupy or Appropriate
10 10 its own use any portion Of said estuary or
touching the title OF the shore OF the estuary
s0l mat the action Of this said company in as
way through the harbor confers no aaai,Iana,
rights upoD he public. because the public has
hsrbor. 0 ""oiO
(c) That II Is not necessary nor adyisable for
your honorable body 10 accept such dedication
OF 10 take any action 10 the matter, and
td) mat II the said company does not imme-
oiately rellnqulsh It's pretended claims 10 said
estuary or harbor aud TO the who'll thereof the
pest interests OF the city demand the commence
hcht hnd vigorous prosecution OF such proceed
ings rs VIII establish the rights OF the pubIIc to
sala harbor, and for this: That the further i'm
p piovelnent OF the estuary by The United States
tended claim can be set aside.
This opinion was delivered by Vrooman
The morning call., 1892-07-21

The truth Of these assertions has been
recognized by the leading authorities on
law Tor q good many years.
whenever Il judicial mind has been bent
upon the case the decision has always been
III favor OF the people-ihat there was
no grant, that there never could have leeu
ana never could be any grant OF the
property made by the Trustees or the CITY
Council. They had not and never could
have any power To make such grant TO
anybody. They had no title 10 the property.
They merely held it in trust for the people.
The railroad might build wall a mile high
all around the water front and vet that
wali-nor. in fact, any act that il might do
or any amount of money that il might pay
out-couid not secure for il a title TO IL feet
OF the water 'front.' let alone IL miles Of it as
now claimed
But though this has been known to legal
minds all the time. the people are Just be-
ginning to find ii out.
They VIII be interested. therefore, in the
documents presented by THE CALL TODAY,
which throw much light on this dark sub
ject.
First here is portion of an opinion de-
Iyered by Henry NrOUman as City Attorney
Tor Oakland. The opinion was with
reference 10 the title TO Oakland harbor
and was addressed to the City Council of
Oakland. 1t bears date Of November u
1871:
In 1852 the city OF Oakland granted anc re-
leased 10 II. W. Carpenter all its title aud inter-
all the lands lying Within the limits OF the town
OF Oakland between high Tide and ship channel
as described To Tie act Of the Legislature for The
incorporation OF the town OF Oakland, passed
The morning call., 1892-07-21
THE CLOSED STREETS.

4 Gross Tndignity to Which the People of
Oakland Hare Had TO Submit.
Most glazing of all the wrongs to which
the people Of Oakland have had to submit in
relation to the water front has been the
closing of certain streets leading down to
the estuary.
1t is impossible to conceive of more super
human assurance than that possessed by
the men who have had hand In this in
iouity.
For cool nerve it surpasses anything.
The proof Of their total disregard OF pub
lie rights stands there so palpabIy in evil
dence.
1t is so unmistakable.
The closed streets, or those that have
until lately been closed, are Brush, Castro,
Grove, Jefferson. Clay, Washing ton and
Broadway.
THE CALL sent an artist to these streets
yesterday. and he made photographs of some
of the distractions.
They are perfect object lessons CT corpor-
ate greed.
Most Of the distractions consist of high
board fences.
What are they there for?
To protect" the Southern Paclfic's
water front" as it is sometimes derisiyeIy
called
Imagine corporation that is not content
with owning II miles Of water front of two
bay cities. but 1t must actually cause public
streets to be blocked in order that conpeti-
ton might not creep in.
OF course it is not the Southern Pacifc's
water front any more than it is the New
York Centreps. But suppose, even. that il
should happen to belong to the Huntington
crowd.
What then2
Has the Huntington crowd-has any
cr0wd-the right to fence up public streets
I 1fy,f,
them?
No. indeed.
The idea is preposterous.
Let any man not Huntington or Stan
ford try il.
lie could not maintain his distractions a
day. -
But with millions at ones back and an
unlimited capacity for getting control of
pubic oihcials great many things can be
accomplished
And hero is something worse than the
mere closing OF the streets-an additional
or auxiliary wrong that has been COM
mitted:
There has been an actual blockading Of
commerce, SO far as the shore Is concerned
Along the estuary at the foot Of the streets
named
This permanent blockade extends from
the west side of Clay street to Market-iye
whole blocks.
What does 1t consist of?
stringer
Ihis tier and stringer girdle the water
front ana ehectually keep out all commerce.
Inc obstruction is as good as wall Of
stone so lar as the ability OF any one to re-
move II is concerned.
me railroad put it there and 1t intends
that 1t shall remain.
IL is what may be considered the crown
ing insult OF corporate greed to the people
OF Oakland.
Iarnaptiar fa
Ihen he passes it over to the railroad.
tect il. P'
Then 1t puts in a solid obstruction in the
The morning call., 1892-07-21

slightest good. They knew that the railroad
nad IL a. Its own way in the Council.
but The people often ask tho question.
by what right Is that fence maintained
across the leading thoroughfare of Oak
Tor the privilege?" 80
SuppOsng that the Oakland Weter Front
Company had perfect legal right TO the
whole water front which II would be
simply Impossible for ii or any other pri-
vate corporation to have-it certainly would
streets. w '''
But here 1t has no right, and yet 1t fences
up the Streets
Now Broadway must be kept In repair.
Ine railroads traffic on the street to and
rom lts boats is more than fifty times as
great as that from any other source
In TACT, 1t constitutes nearly all the traffic
there. "'' '"0 '''H'0
Who keeps the street In repair?
Not the railroad, although IL derives all
the revenue that is derivable from the lower
end OF broadway.
The Oakland Water Front Company2
just fancy the lineal successors of Pirate
carpenter paving for anything they could
get without doing so.
No, indeed. they do not pay a cent.
ertviow waoie expense falls upon the prop
street; They own a lot here and lot there
ana derive very little from their holdings.
as they are not In the paying part of town.
ana yet they have to pay for keeping in
.cP"tt street that Is torn up by traffic TO
ana from that ferry. from which the South
ern Pacific is making its princsly revenue
yearly. ''''""'
The people protest.
Hiluntington's tin gods shake their heads.
n sorry. they say, but We can't help 1t.
- you suppose IL is likely that we arc GO
: thiDgp" ava ''i"' '0i' Va
The morning call., 1892-07-21

before the railroad made him its own. After
that he held more liberal views" as
looked at from the railroad standpoint
The opinion never did the people of Oak
land any good. Before it had been fairly
sensed by the Councilmen, the railroad
people heard of its existence and took them
all into camp, on the payment of so much
coin out of hand. One Of the Couucilmen
soon afterward emigrated to Portland. An
other won $4,000 lottery prize abont that
time, though nobody ever heard what num-
Der he held in the lottery and the Others
drew similar prizes, but said nothing about
them.
The Supreme Court OF the State rendered
decision In 1864 in the case Of the City of
Oakland VS.. Ii. w. Carpenter In which
there are some valuable points.
The decision was virtually against the
city. but this was solely because of defec,
tive pleadiDgs.
Justice Baldwin. who wrote the decision.
said:
The grant OF The exclusive franchise by The
trustees TO CaTpentie) Is absolutely void.
he power TO lay out and regulate
wbarves being given by the Council cannot be
exercised by Carpentier.
We think that the general grant of
this exclusive. privilege Is wholly void and ex.
ceedlng the powers OF the corporation.
BY reason of the defective pleadings. JUS
The morning call., 1892-07-21
IT Is FULL OF HOLES.
The Waterfront Grant to
Carpenter.
AFRlUD THAT WAS 4 FRAUD.
Skeletons in the Closet of the
Oakland City Council.
STREET OBSTRUCTIONS MUST GO.
4 SiImy ilece Of BUSINESS lilat Udn'
not Longer Be Endured.
The CFQcOdiIeS Of the Greek Have Had
Their Held on the Water Front
Altogether Too Long.
A Shiny Piece Of Business That Can
not Longer Be Endured.

That Shiny piece of business by which IL.
W. Carpenter got his claws on the Oakland
water front ana passed it down to the
Southern Pacific Company is still being
pTObed into.
The history Of the trickery has been
touched upon here and there by The CALL
In previous issues. but to-day some impor-
tant chapters are added.
As to that grant by the Town Trustees
Of Oakland to Chaplain Carpenter there
can be but one opinion.
II is full of holes.
So very ragged and holey Is it, In fact,
that nothing in the world but long line of
little tin gods, descending from one success
sion in the council chamber to another,
would have supported it for a moment
1t Is an ugly job all the way through.
and II grows uglier the longer one looks at
It and the more carefully one inquiries
into 1t.
1t is worthy Of a Carpenter
Il was the only man who could have gen.
Grated ii. and the Southern Pacific is the
only institution that could have kept it
alive.
1t IS hideous monster OF job.
A Tweed could have done no more with
IL than did Carpenter.
But it is not the srch-consprator-ihe
worthy chaplain" himself with whom
the people Of Oakland now have to deal,
and it is not even with the railroad.
1t is with their TeCreant city officers
As is shown in the following columns the
Council has permitted the railroads Water
Front Company to close several streets lead
ing down 10 the harb0T and to keep them
closed
That is infamy enough in itself, but when
II comes to the price paid by the railroad
the buying mp of officials here ana OF Off
.cials there and all the rest Of tit is posi-
lively sickenlug
The railroad has had it all its own way.
but it has had to paw for what it got.
Its willingness 10 buy up men who were
ready to be bought-its wholesale cOrrup-
ton OF the regularly chosen representatives,
Of the nunicipRlitY-have kept the people
out Of that splendid heritage, the water
front, for years and years.
The Southern Pacific company has not
only held mo nOpoly by virtue of the coin
In its Golfers. but also by high-handed pro-
eeedlngs such as closing up public streets
and driving tiers of piles for blocks and
blocks along the tdeland.
1t has held back Oakland and San Fran
cisco by this means at least twenty years.
RDd 1t Will continue TO block the wheels Of
progress for long time 10 come unless the
people shall have maHliness enough to stand
up for their rights. and it viii keep hamper
ing them and cheating them out Of their
own as long as the ring of lis gold sounds
louder TO the tin gods who sit IN the City
Council than does the voice OF conscience.
The burning, reeking, hi1eous shame OF
II ALL
The morning call., 1892-07-21
MAKKIED.


FROHMAN-STERN-I this city, July 20, 1892
by the Rev. ID. Meyerson. Isaac Frohman End
Rose Stern, both u San Francisco.
BURK-MU RPHY-In this city, July II, 1892, at
Plymouth Congregational Church. by the Rev
DR.. ". d. Williams. William II. Burk OF Oakland
aDd Annie A Murphy of san Francisco.
HOOPER-COLEMAN-In this city, july 10 1892
By the Rev. o. SommerS, j. H Hooper OF VIII
mingtoR, \. c., and Mary A. Coleman OF Mel
bOur 70. Australia
LENY-SHRIER-In this city, July TO- 1892. by
the Rev. H. Davidson OF Stockton. Isaac Levy and
Esther ShrIer, both OF San Francisco.
FITZG ERALD-HRUSE-In this city July 90
1892. by the Rev. II. H. wiSof James d. Fitz-
gerald and Annie w. Kruse, both OF san Fran
cisco.
SCHMIDT-UBRY-In this city. July IT. 1892 by
the Rev. j. Fuendeing, w liam Schmidt and
Carrie Ubry.
JENsEN-Voss-In this city. July IT. 1892. by
the Rev. J. Fuendeling, Henry L. Jensen and
Carrie VI. Voss.
SChNEIDER-LUY-In this city. July Is. 1892. by
the Rev. J. Fuendeling, Carl Schneider and Carrie
Luy.
Observation-Disclosures this city, July 10,
1892, by the Rev. j. Fueudeing, Gerhard Hlrsch-
field and Anna Ritzau.
MURPHi-BRI Mission San jose July
~, 1892, b. the Rev. 7. CaTaheT, Thomas Murphy
and Annie BrIscoe, both OF Alameda County.
The morning call., 1892-07-21
FELL-STREET SEWER.
The Assessment for the Work to
Fought in the Courts

The Assessment for the Work to BE
Fought in the Courts.
The Buena Vista Improvement Club have
opened an office at 500 Haight street for the
purpose OF receiving the subscribers to the
fund Tor opposing the assessment for the
FeIl-street sewer system in the courts A
personal canvass has already been made
and large number of names of property
owners obtained. The amount of the sub.
scrlption is 50 for each 25-foot lot
Attorney John b. MhOun has been re-
tanned to defend the suit and carry it to
final issue
The property-owners object to the assess
ment on several grounds. They have the
testimony OF Mr.. Ashworth. ex-Su erin
tehdent OF Streets, that brick sewer, 3x5,
had been already constructed eight Years
ago. ana kept In repair by the city ever
since, aud that they have all been assessed
Tor TINS sewer, IL starts at Guerrero street
ana runs along Church, Ridley, Fillmore,
ailer, Scott and Fell 20 Cole street 1t
mas been torn up and replaced by the new
ana larger sewer for q blocks. They also
contend that the work on the new sewer
Was not done in accordance with the plans
and specifications, and that in many cases
no connections were made. Another OBJ
lection is that part of the city property.
viz: the panhandle of the Golden Gate,
Is not included in the assessment and thew
contend Ii should pay Is pro rata share.
Another meeting of the club will be held
Tomorrow night. corner of Fillmore and
hermann streets, when the matter will be
further discussed
The morning call., 1892-07-21

The town of Oakland could not give away
anything that belonged to the people.
1t had not the power to do so.
Particularly was this the case in the mat
ter of the water front.
The State held the water front ia trust for
the people.
If ii made any disposition OF the property
It was still subject TO the rules governing
that trust which are the same in every State.
If the town Trustees made any disposition
OF the property that was preJudiclal To the
peoples rights then that disposition, whether
1t was grant, gift. sale or conveyance Of
any sort. was not legal
There is nothing palmer In law than that.
And Carpenter knew it ali the time.
He simply took advantage OF the fact of
his colleagues ignorance OF the law to OBJ
tain the grant.
He obtained it, hut ii was not worth the
paper it was written on.
Why?
Because it WAS preiudical to the public
rights In the water front that monopoly of
il should be given to anybody. and being
thus prejudicial the grant amounted to
nothing.
Ii was no grant at ALL
II was simply paper cunninglv put
forth by the shrewd Carpenter to impose
upon the Trustees.
The morning call., 1892-07-21
Oakland must have her own.

Oakland must have her own.
The water front must revert to her.
1t has been kept out of her hands unlaw-
fully long enough.
There is admittedly but one point to be
decided now.
Did Carpenter ever have any right to the
property?
That question is easily answered.
1t was not possible for him or for any
body to own the water 'front.'
How can this be?
tits simple enough
The land that State holds by virtue of
her sovereignty, as is we'll understood. is
such as Is covered and uncovered by the
now ah9 eDo oil the neap or ordinary tides.
Such land IS held by the State in trust for
the benefit OF the people. and for the people
only, not for corporations nor for private
individuals.
The right of the State is subservient to
the public rights of navigation and fishery.
Inc state can make no disposition of
them preludicial to the right of the public
TO use them for the said purposes
Whatever disposition she may make OF
them, her grantee takes them on the same
terms upon which she holds them, and of
course subject to the before mentioned
public rights.
The State itself had no right TO Interfere
with navigation along the water front or i'm
the bay or estuary. Therefore no private
citizen has such right or could possibly get
such right from the State. The State has
not that right to give and never had 1t.
When Carpenter railroaded through the
Legislature in 1852 his famous, or infa-
nous. act Of Incorporation of the town
OF Oakland he had included in the act
special provision by which the control of
all the land from ordinary high tide to the
snip channel was placed in the hands of the
town Trustees. - '"0
OF course the State could not giva tho
land to the town for any other nurnosas
ITSELF ~ u'o ~
1t was held by the town of Oakland in
trust for the people. :"
The morning call., 1892-07-21
THE BROADWAY STEAL.

a FeHced-Up Street On Witch the Uater-
Front Co"spirdtOrs Hare n Firm Hold.
Ugly as the waterfront crime looks to the
ordinary beholder. there are phases of it
that are particularly vile.
There Is the Broadway villainy.
The Southern Paclhc's Oakland water
front company has outdone itself there in
acts for which the people will yet hold 1t to
account.
1t has high fence and a gate across
Broadway near the water front.
Over this fence is its creek route ferry
slip and its yards.
NOBODY mas ever made any complaint to
the Council regarding the fencing in of the
street, Tor they knew it would not do the
The morning call., 1892-07-21

Yes, they are Huntiugton's; he holds
them safe and fast.
But the city ought to get good revenue
from that street," says the unsophistcated.
at ought 10 charge big rental or toll"
Yes, of course. but you don't seem 10
understand that the railroad has everything
it wants in Oakland as free as TIE wind.
As for fpnced-up Broadway the railroad
rule is undsputed in the Council.
The railroad runs its end of the street as
confidently and as safely as if it had a grant
of il from the Government.
1t pays no rental.
1t pays no toll.
1t paws no fee.
1t pays no premium or bonus.
Ii pays no tax.
1t pays nothing for street repair.
1t is exempt.
1t is the railroad.
1t owns the town and Council and does ms
it pleases, when it pleases. where it pleases
and how it pleases
But the shame of it ALI
The morning call., 1892-07-21
DIED.

EGAN-In Oakland, july 10, 1892. Sister Mary
Edwin (nee Harriet j.. Eganl, dearly beloved
the late Miss Mary Egan, native of san Fran
cisco. aged u years and 3 months,
Ea-Frends ana acGuafntances are respectfully
invited to attend the fuusral THIS DAY (Thurs-
day. at O'Clock A NJ, from the Convent of Our
terry.
HEIDT-In Alameda, George HEIDI native of
Baden. Germany. aged 81 years, months aud u
DAYS. lCincinnsu papers please cOpy.l
sS The tuneIal viii take pace THIS DAY
(Inursday) az 1850 O'Clock NJ. from his late
residence, 222l san Antonio avenue. Alameda:
thence to the German ~ + Church Seventeenth
street between San Pablo and telegraph avenues.
Oakland. at O'Clock 2. NJ. Interment Mountain
View Cemetery
VINCENT-In Nevada City, July 49, 1892 Mar
garet Mary, infant daughter OF Mary and Louis
vincent native OF san Francisco, aged
months and 20 DAYS
E5-The funeral VIII take place THIS DAY
lfh1rsdayl, al : o'cloeS P NJ from the residence
1925 Clay street. Intermeat private.
PlCARD-In this city. July 49, 1892, Nathalie
only aud dearly beloved daughter OF Armund ana
Sarah PICARD, aged years, IL months and IS
days
sE-Friends and acouaintances are respectfully
invited 10 attend the funeral THIS DAY (rhurS-
day., al O'Clock P, NJ, from the residence of
her parents. 1903 Leavenworth street Inter
ment Salem Cemetery,
FISCHER-In Highland Park East Oakland, July
20, 1892. Elise loved sister of Professor Franz,
Marie and Eva Fischer, a native of Wurzburg
Germany, aged 81 wears.
sd FRIENDS and acquaintance are respectfully
invited 20 attenu tue funeral lO-MOkkOW (frE
day), AT 80 O'Clock p. NJ. from her late dence.
1927 Nineteenth avenue, East Oakland Inter
ment l. q. o. +. Cemetery, san Francisco.
BAMMANN-in this city, July 20. 1892, at the
residence OF her parents, l0l Fell street. Ida
AnDie. dearly beloved daughter OF Diedrch and
Mary Bammann. aud sister of Walter aud Bertha
Bsmmann, native of San Francisco, aged S
years, months aud days
Es-Notice OF funeral hereafter.
FLEMING-In this city. July 20. 1892. Katie be-
loved wife OF William Fleming and daughter OF
Elzsbeth oBrien, a native or Butte County. Cal,
aged 30 years
HB- Notice of funeral hereafter.
GILL-In this city, July 20, 1892, Charlie, beloved
son of Katie and the late Robert Gill aud grand
of Margaret Holland, native of San Fran.
CISCO aged years and months
WEYTHMAN-ln this city. July g. 1892 Maria
beloved wife OF George w. Weythmsn and sister
OF Sarah n. Bailey native OF England, aged SO
years sud months.
WARMTH this city, July Is, 1892. Angela VsrnI.
aged Is days.
YoUNG-In this city July l6 1892, John Young.
aged IS years
LEE-In this city. July 10. 1892. James Lee. aged
SIS years.
BABB-In Oakland. July 10. 1892, Ellen NJ, wife
OF Charles Babb, a native o: Portland, Me-. aged
81 years and months.
The morning call., 1892-07-21

exclusive franchise cannot for moment be
supported
The late Governor Haight gave 1t as his
opinion that ''the claim advanced by the
waterfront company is perfectly baseless."
there are hundreds of legal opinions on
the subject and strong ones, too.
but WIN all law and all authority in sup
port of the people and against the water
front company the little tin gods of Oak
land. controlled as they have been by the
railroad, have never pushed a suit in court
to set at rest the absurd claims of Carpen-
tier ana the Oakland Water Front Company.
They have taken railroad gold. but thew
have not once stopped to earn their salaries
as representatives OF the people.
Ihe lndecencY of II ALI
The morning call., 1892-07-21
F0RTY-THIRD ANNIVERSARY.
The Arrival OF the Daniel webster In
The Bay of san Eranciscn

The Arrival OF this Daniel webster In
the Bay of san Francisco.
Forty-three years ago to-day the good ship
Daniel Webster, which sailed from New
York on February 3. 1849. arrived in the
bay of San Francisco. with 80 stalwarts as
passengers. OF that number "a were born In
Nav York and 16 in Boston. Two of the
New Workers, Henry D. hudson and
Josiah I. Rider, and a Bostonian, Charles
Hathaway, are still residents of this city
and members OF the Pioneers Society.
Since paragraph appeared in The CALL
year ago to-day referring to the forty-sec-
ond anniversary, Mr.. Hudson has received
letter from Thomas Spiers, another Of the
passengers, who is now In New York and
has been absent from California for the
past 81 years. If there are any other sur
wing members Mr. Hudson, whose ad-
dress IS 1916 Fillmore street, would be glad
to hear from them