The morning call., 1893-10-07
1T is STOPPED.
The Railroad Checked in
Pile-Driving.
The Attorney-G General Wishes the
Title to the Oakland Water
Front Determined.

Attorney-General Hart has filed COM
plant in the Superior Court of Alameda,
to have the question of title to the Oakland
water front determined.
The action is against the Oakland Water
front Company, City of Oakland. North
ern Railway Company, Pacific Improve
ment Company, Central Pacific Railroad
Company, Southern Pacific Railroad Com
pany, Pacific Iron and Nail Company,
Pacific Coast Lumber and Mill Company,
Oakland Gaslight and Heat Company.
South Pacific Coast Railway Company,
Dave Ferry and Transportation Company,
Shoalwster Bay Oyster Company, Pacific
Coast Oil Company. Pacific Oil Company,
San Francisco Savings and Loan Society.
Pacific Borax Company, Ell. n. Dalton,
Samuels & Newman, Higgins & Collins,
William Shields, DoIbeer, Carson & Simp-
son, Husband & Brooks, c. B. Tay lor, Y.
l.. Fortin, James ?. Dameron, E. w.
Roberts. Joseph knOwland, w. c. Doane,
j. L. Davie. J. NJ Bassett. Mrs. E. May,
w. c. Parsons, Edison f. Adams, Ha nah
j. Adams, A. Kendall. John A. Stanley,
Julia 2. A. Prather, E. Z. Sessions, Daniel
Brannan. E. B. Pomroy, 7. W. Badger.
John c. Adams and James F. Straiton.
for an injunction to restrain the defend
ants named from carrying on the work of
placing piles or other distractions in the
bav.
In his petition the Acknowledgement sets
forth that by the act Of Congress creating
the State of California the State was given
all right and title to the soil of the beds OF
the bay of San Francisco and arms of said
bay. Including San Antonio estuary; that
il retains such right and title subject only
to the supervision of the United States over
navigable waters of said bay and the arms
thereof; that by possessing the sovereign
power over the said beds the State has the
right to prevent encroachments thereon
and to sue for relief in respect to any en-
croachment or infringement of its sover-
eign or proprietary rights therein. The
growth of Oakland and Alameda and the
requirements of this large population in
the way of piers and wharves along the
water front are explained, and it is de-
clared that the convenience and necessities
of commerce. both foreign and domestic,
require that the States control over the
harb0rs be maintained.
The defendants above named, the Attor-
ney-General goes on TO state, make adj
verse claim to the lands belonging to the
State and the right TO control and prevent
vessels from landing there Defendants
have encroached on the States rights and
have at divers times and places driven
and caused TO be driven piles in said lands
below tide water and at places where said
lands are constantly covered with said
navgable waters and where vessels were
accustomed to navigate said waters,
and are there maintaining said piles
and are maintaining these obstruc-
tions III and upon said lands below
low tide and where vessels were and are
accustomed to navigate, and have erected
and are maintaining In and upon said lands
below tide barriers, consisting of piles
driven into the ground and in places with
timbers extending between the piles and
fastened on top thereof, whereby the ap-
proach OF vessels TO the water front is OBJ
structed and prevented at divers places"
1t Is held too. that defendants have pre-
vented vessels from delivering or receiving
freight and passengers that they charge
for the use of State property that the Oak
land Waterfront Company IS fencing in
streets to prevent access 10 The water front.
The petitioner then adds:
/. That the defendants may be required
to set forth the nature of their claims to
said lands, and that all adverse claims to
the defendants, and of each of them, to
said lands and to any part thereof may be
determined by decree OF this court; that
by said deere it be declared and adjudged
that none If the defendants has or ever
had any title, estate or interest whatever
In or to said lands or to any part thereof,
or any control of said lands or any
part thereof, or over the build
ings or wharves erected or to be erected
thereon; that it be adjudged and
declared that the State Of California is the
owner in fee in Its sovereign capacity of
the said lands, and has been ever since the
creation of said State of California, and
that the State has the absolute dominion
and control over all of said lands and the
exclusive right to develop the barb of
said city of Oakland and city of Alameda
by providing for the construction OF docks,
wharves and other improvements in of
navigation, and to control the development
of said harbor for the interests of the peo-
pie of the State and Of the public.
That all piles. distractions and barriers,
which have been placed or which may be
placed by the defendants, or any of them,
in or upon said lands. or any part thereof,
whereby the navigation of the navigable
waters covering the same is or may be in
any manner obStructed, and all structures
of any character placed upon said lands
by said defendants,or by any of them, be
ordered and directed to removed or be
declared subject to be the control of the
State under such regulations as may be
prescribed by authority OF the State.
That by such decree the defendants, and
each of them, are forever enjJined and de-
barred from asserting any claim whatever
in or to said lands. or any part thereof. or
any control over any part of said lands, or
the buildings or wharves thereon, ad-
verse 10 the plaintiff.
That the said defendants, and each of
them, their agents, servants and en-
ployes, be perpetually enj0ined from hav-
ing any control over any part or portion of
said water front. including the wharves
and buildings thereon. and from making
any charges for toll, dockage or wharfage,
for the use thereof.
q That the defendant, Oaklsnd Water
front Company, and any of the defendants
acting in conjunction herewith, their
agents. servants and employees, be en-