The morning call., 1893-08-27
THE COMPLAINT.

The paper was filed at P. NJ. yesterday
by Councilman Richard Smell, chairman
of the Waterfront Committee, acting for
the city, aud he was accompanied by VIII
liam r. Davis, one of the counsel etained
by the city. The legal document reads as
follows;
In the Superior Court of the State OF
California, in and for the county of Ala
media.
The city of Oakland, municipal cor
poration. plaintiff, vs.. the Oakland. Water
front Company, corporation, defendant.
Complaint.
Plaintiff complains of defendant and for
cause of action alleges:
First-That the plaintiff is public mu-
nlcipal corporation, organized. existing
and acting as such under the constitution
and laws of the State OF California.
Second-That the defendant is private
corporation. organized for profit, existing
and doing business such under the laws
of the State of California.
Iblrd-Ihat plaintiff is the owner in fee
OF all that certain lot, piece or parcel Of
land situate, lying and being in The county
of Alameda and State of California, to wit:
All the land lying below the line Of ordi-
nary high tide of the bay of San Francisco
and estuary of San Antonio, and within
the boundaries of the city of Oak land, as
eald boundaries are defined and set forth
in an act OF the Legislature OF the State of
California entitled San act 30 amend an
act entitled An act to INCORPORATE the city
OF Oakland, passed March %. 1854. and re-
pealing certain other acts in relation to
said city," approved April a, 1862.
Which said land aud premises are the
water front of the city of Oakland, and a
part thereof is continually and a all times
covered by the naVigable water of the bay
OF San Francisco, and Of an arm thereof
the of nj nd ha
thereof is alternately covered and uncoy-
cred by the daily and ordinary fluX and re-
hux of the tides and navigable t;dewater
of said bay and estuary.
Said lands being particularly described
and bounded as follows:
Commencing at a point on the northern
boundary line or charter line OF the city Of
Oakland, as the Same was esta Dlished by
the act of April a, 1862, where the same
is intersected by course No. 1877 of the
patent line Of the Rancho San Antonio.
confirmed to Vicente and Domingo Pc
rata, said intersection being about two
chains sOutherly from the northern end of
said course No. 1877, thence following the
meanderings Of said patent line as follows:
Here follows description of Oak lands
entire water front as originally granted to
the town of Oakland in 1852, which was
referred to in the acts of 1854 and 1862, to-
gether with detailed description follow
ing around the patentlines and courses in
GLIDING the entire harbor and original wa
ter front grant.
That said land and premises include the
harbor of Oakland in which the Govern
ment of the United States is now engaged
In making improvements for the purpose
of navigation and commerce, and the
plaintiffs title to that part of said land
and premises which lies thin the bound
airy lines of said harbor. as established by
the Government of the United States, is
subject to the right of the Government of
the United States to control the same in
the regulation OF navigation and CON-
merce.
Fourth-That the defendant the Oak
land Waterfront Company, claims All in
terest and estate in and to said lands
and premises adverse to plaintiff; that this
action is brought to determine such ad-
verse claim.
Fifth-That said claim of defendant OF
an interest and estate in and to said lands
and possessions adverse TO plaintiff is
wholly invalid and wholly without right
or foundation. And plaintiff alleges that
defendant has no interest, estate, right or
title whatsoever in or TO said lands or
premises or any part thereof
Wherefore plaintiff prays lat defendant
be required to set forth the nature and
grounds OF its said adverse claim and that
the same be adjudged invalid and without
right or foundation; that it be herein adj
Judged and decreed that plaintiff is own r
in fee of all said lands and premises ana
that its title thereto is good and valid: that
defendant has no interest or estate what.
ever in or to said lands or premises or any
part thereof, and for such other and fur
Their Judgment, order or relief as may be
meet in the premises to equity and fol-
costs.
This formal complaint is signed by James