The morning call., 1893-10-08
THE STATES DnAToRY ACTION.

The State of California has just taken
the first step after an unaccountable delay
toward the recovery of the water front Of
Oakland. What has been done at the last
moment ought to have been done as soon
as the Chicago decision had been rendered.
It might we'll have been done months before
that time. For the Attorney General had
long expressed the opinion that the title
was in the State. The Legislature refused
TO grant an appropriation to defray the
expenses of such suit The Attorney
General has now filed two suits. which
are intended TO cover all possible
claims. whether corporate or private.
The suit brought against the waterfront
company is in the Superior Court of Ala
media County, because that company is in-
corporated under the laws of the State.
The suit against the Southern Pacific Rail-
road Company is filed in the Federal Court
because the company is a foreign corpora
tlon.
The filing of these suits nearly q week
after the railroad company fenced in three
square miles or more of the bay means that
the State has now for the first time begun
the struggle against this powerful double
headed corporation TO recover its own.
1t is clear that the twin corporations
were we'll advised as to the time when the
State would begin proceedings. The for
mer had one week the START. Beginning on
Saturday week ago, and working on
Sunday and well into the night with three
steam pile-drivers thase corporations In
about three days hao fenced in the water
'front.' The row OF piles does not mark :he
boundary between high and low water, but
1t marks the exterior boundary of the city
of Oakland and part Of the city of AA-
media. Proceeding In the bay. after in
closing several square miles of the naviga-
bic water of the bay of San Francisco, the
railroad company might still proceed in
the business of fencing in the State TO that
extent of shutting out the approach of
every competing railroad company.
This is undoubtedly a part of the game.
Notice is given TO all competitors that no
approaches will be allowed to any part of
the water front defined by that row of
piles. 1t has been in the wind for some
months past that one or more rival rail-
road companies would seek an outlet some
where on this water frent A row Of piles
is not much Of an Improvement" 1t is
not even such formidable barrjcade that
it might not be removed By citizens with
as much law in justification as was found
for placing the obstructions there. But
Informal notice has already been given
that the railroad company proposes to con-
struct solid bulkhead along the lines
thus marked out For purposes OF de-
Tense against all the contingencies of fu-
ture competition these three square miles
or more of water front well fenced in with
q solid barricade hight 20 some way
toward keeping out troublesome competi-
tors. This new movement is initiated at
time when, under the Chicago decision,
there is hardly a color OF title left to the
corporation that is committing this tres
pass.
The State comes to the front rather late
In the day. An injunction is asked
against the driving of piles after they
have been driven. But If the corporation
proposes to fence In the State this injunc-
ton might have some effect,
This is the first time that the State has
undertaken 30 assert its supremacy over
the railroad company, unless the tax suits
were an exception. 1t now demands pos
session Of property the fee Of which has
always been in possession Of the State.
this possession. il holds, has been fraudu-
lently asserted in derogation Of the rights
OF the community. No suit has ever been
brought by the State involving interests
of such magnitude. Most of the individu-
ais nominslly made defendants will proba-
bly, make no contest. The State, in its
sovereign capacity, now for the first time
calls these twin corporations TO account.
Ii invokes not only the aid of the local
courts. but that of the Federal courts. in