The morning call., 1893-08-11
HOW 1T cor 1T.
The Railroads Title to
Oakland's Front.
OLD CONTRACTS PRODUCED.
Method by Which the Southern Pa
cific Obtained a Claim to the
Property in Dispute.

Of the 100 and more exhibits which At
torney Harvey Brown~h has informed Ex-
aminer Heacock that he will put IN
evidence in behalf of the Southern Pacihc
Railroad Company only four were offered
and received yesterday. Mr.. Davis Tor the
city of Oakland objected to them. OF course;
but they went in all the same, after Horace
w. Carpentier had identified the sigma
lures Of the late Leland Stanford and
others attached to the documents.
Mr.. Carpenter obtained little rest yes
terday, there being no afternoon session.
owing to the indisposition of Mr.. Brown.
The papers were in the nature of agree
ments between Mr.. Carpenter. the West
ern Pacific Railroad Company, the Water
Front Company and the city Of Oakland
In the spring of 1868, by which it was pro-
posed to show how the railroad b ad ac-
quired from Mr.. Carpenter its title to the
waller front property in dispute.
The first was promise signed by Lee
ern Pacific Railroad Company would
within eighteen months from February
%. 1868, lay its terminal tracks on the
water front of Oakland. providing Horace
w. Carpenters proposition to convey 900
acres of the city's water front to Mr..
CtaulOTO anu tno IaLLcE s associates were
carried out.
The next was the agreement itself be-
tween Mr. Stanford. for the Western Pa
clhc Railroad Company, on the one hand,
and Mr.. Carpenter OIL the other. In con-
slderatlOn OF 800 acres of waterfront prop
erty lin square or parallelogram form,
but so as not to take more than mile
front on deep water, etc." the railroad
company would establish its terminus
there. For the remainder Of the water
front, except that in close proximity TO
| the foot Of Broadway, a company was to
be formed, of which Messrs. Stanford,
Carpenter and Tevis were to be the first
trustees. and Mr.. Stanford and his associ-
ates were to have al interest amounting to
40 per cent. This was signed by Messrs.
Stanford and CARPENTER. and dated Feb
ruary %, 1868.
just Que month later and the Oakland
Water Front Company had been organized
and came into possession Of the city's
water front. Messrs. Stanford and Car
pentieI must have moved very RAJ idly. for
| the next document introduced was an
| agreement between the Western Pacific.
Leland Stanford and the Oakland Water
| Front Company. the preamble of which
set forth that oD Msrch 81, 1868. Mr.. Car
penter had conveyed the whole water
front to the Water Front Company. of
which he was president. and Lluyd TevIs
| secretary. Mr.. Stanford was the presi-
dent of the railroad company, but to the
contract he was individually party as
well.
The burden of the document was that,
| whei cas- Mr.. Carpenter had turned over
the water front as stated, and the Water
Front Company had conveyed abnut 500
acres of it to the railroad company, the
| railroad company pledged itself to eStab b.
| lisi its terminal tracks there within eigh-
teen months from April l. 1868, and put up
1 Il a
| for improvements within three years n OF
| less than 100000, or 1t would forfeit the
| land.
| Finally, the indenture was offered to
which the Water Front Company, the
Western Pacific. the city OF Oakland. Mr..
Carpenter, John b. FELTON, and Mr.. Stan
lord were severally parties. 1t was
rather preten,ious document, but 1t
| amounted to the following:
| The Water Front Company would con-
vey. upon demand, to the city of Oakland
all the property lying between the m iddle
Of Franklin street and the easterly line of
Wooster, and extending out to line
parallel with First street, and 200 feet
southerly from Broadway wharf. with
the right to collect wharfage. dockage and
| tolls therein. The same company would
designate and dedicate. as navigable
water course tor public use. the channel Of
San Antonio Greek, from Ship Channel to
! w
of not less than 200 feet over
the shallow water at the bar.
and 800 feet wide above that place,
| subject to. and Eeserving the right, how
ever. to build bridges across said channel,
with suitable draws" 1t would also issue
to Horace W. Carpenter $4,000 shares of
lis capital stock; 10 John B. FELTON,, 5000
shares, and to Leland Stanford tho re-
naming 10000 shares. 1t further agreed
to authorize the city Of Oakland or other
parties to construct dam above the Oak
land bridge across the estuary of San
Antonio. lying between Oakland and
| Clinton. so as to retain the water and
keep the land above submerged to high
tide mark for the use of the owners of the
| adjoining lands and the public.
| From the railroads point of view the
most important element in this contract
was that all the parties agreed to the
| Western Pacific proceeding to selects its
800 acres of water front in strips 100 feet
wide for its tracks, within three months
1t was not. however. to have more than a
half-mle frontage on Ship Channel.