The morning call., 1893-07-18
CARPENTERS SAY.
His Memory of Broadway,
Oakland.
a Number of Affidavits Filed by the
Southern Pacific Railroad Com
pany in Court.

Yesterday afternoon the attorneys for
the Southern Pacific Railroad Company
fled number of affidavits in the Circuit
Court in the action brought against Mayor
Pardee of Oakland and others to restrain
them from interfering with Broadway
wharf Among the number presented are
those of w. G. Curtis, 3. A. Clark Watson,
j. c. Wingate, Z. II. WooIsey, III. Evers,
r. r. Ryan, E. NJ. Railton, I. A. Campbell,
E. Hackstt, II. \. Morse and Horace w.
Carpenter.
The last named in his affidavit says:
From the year 1S49 to 1892 was a resident
OF the state of California, and during much OF
that time resided in the town and city OF Oak
land.
know the property described in the bill In
this suit.
In 1850 and 1851 I, With one or two others.
constructed small wharf thereon.
This wharf was built al private cost and for
private and not for public uses.
1t was in part constructed before there was
any road, street or highway where Broadway is
now situated.
In the years 1852 and 1853 1 built a new
ana larger wharf upon said premises at a cost
OF many thousand dollars for the purpose OF
carrying on general wharfng business.
Wharf building was then expensive, and this
was one OF tho best and most substantial
wharves then built In the State.
The said wharf was maintained aud repaired
and kept in order at my cost, aud had the
possession and control thereof, and collected
tolls and wharfage thereon through wharin-
gers employed by me from the year 1852 until
the year 1868 or 1869.
The established rates of whafage and dock
age, which were equal and uniform were con-
spicuously posted IN writing.
During term OF several years / leased to
Charles Mlnturn and the Contra Costa Steam
Navigation Company the said wharf and all
privileges appertaining thereto. so far as they
related 10 the landing and docking OF steam
boats and to the ferrtage, retaining to myself
however, The collection OF wharfage for freight
received or discharged upon said wharf, and
all vehicles passing over it were subjected 10
the liked rates OF wharfage established by me,
which was uniformly collected.
| cannot now state with exactness where the
northern END OF said wharf constructed In
1852, was situated, but IL was somewhere
about 200 feet south OF the south line Of FlrsE
street.
Since then there has been much earth filing
so that the northern END of the wharf as II now
stands is considerably south of the point where
IL originally was.
The wharf Was so constructed that for part
of Its length there was in the middle an open
space with driveway on either side thereof.
This open space extended from the north end
of the wharf s0utherly. l think, more than half
the whole length of the wharf.
From the southerly end of this open space to
the south end of the front OF the wharf It was
panked over sOidly In its whole width from
side 10 side.
AT the south end Of the open space and about
midway OF the wharf, from east 10 west, there
was small office building for the use of the
wbarlnger, and In which were kept the &c.
counts, books and other matters pertaining 10
the wharf and its business.
AT some distance above the lower end of the
said 0peu space there we're built fences with
gates across bOih drivewayS, and when the
gates were closed these fences made COM
pete barrier and enclosed ali that portion OF
The wharf south of them.
The fences were bull for the convenience OF
the wharhnger and consisted mostly OF posts
and high gates, which could be opened and
shut by him at Will.
The wharf was built from the high land. that
is so say. from the line be ween dry land and
tide land, down across a sloping shore 10 The
first navigable water of the estuary.
AT low tide the ground was bare / should
say, two-thirds or more of the distance from
the high land 10 the southern end OF the wharf
In the term wharf as here used, include the
artlhclal embankments that formed the ap-
uroachos TO ana constituted an essential part
OF the wharf itself.
AT point, perhaps about one fourth OF the
length OF the wharf. southsriy from its northern
end. there was bulkhead across the whole
Wldth OF the SAID wharf and the open space and
extending round on both the outer edges OF the
wharf toward The dry land which was built 10
keep out the waller OF The high tides.
This, as l remember ii, is as the wharf stood
about forty years ago, and az It substantially
continued so long as its possession was re-
tanned by me.
The waller at the front or southern end OF the
whaif was so shallow that the light draft
ferry boats then used, drawing say three or
four feet OF water. were sometimes unable TO
reach tho wharf without much difficulty
or were stuck there In the mud at low
tide, and dredgings. so as to give a great I
depth OF water, had to be done and was done to
give easy access to the wharf.
When the wharf was built in 1852 | was the
owner OF the land upon which 1t was construct
ed, aud in the full and undsputed possession
thereof
Immediately ay,ar tho compla,ion ~ ,,o
wharf l employed wharfingers. who collected
wharfage and dockage under my instructions
and at rates established by me. ana VINO took
care OF and maintained the wharf for me.
Shortly after it's completion / built a ware
house adjoining the wharf on its easterly side.
This warehouse was used by my employees
under my Instructions in connection with the
business conducted on the wharf nd as a place
for the storing OF goods received there.
There were also built other structures on the
easieriv side Of the wharf and also some upon
the westerly side, all of which were built and
issued under leases from me with fixed rentals.
These structures were Ike the wharf it.
sell, erected upon pilings.
AT that time / owned the land adjoining
the wharf upon both sides, and no buildings
were erected upon either side except as stated.
And. 80 far as l know and as believe, in
none OF the leases or licenses given for the
erection OF these buildings was there any dedi-
Gallon OF the Wharf or any part thereof as IA
PUBLIC street, nor in any of the descrip
lions or boundaries therein given was
d
public wharf or street, nor WAS the land de.
scIl0ed or referred TO as fronting upon any
street, nor was the said wharf or The lanu
under said wharinger ever dedicated or in
tended TO be dedicated as public street
highway, nor was the said wharf authorized to
be used Tor any other purpose than as a wharf
ano Tor the use hereinbefore mentioned.
In the said leases there was special reserva-
ton In my favor OF all right TO wharfage and
dockage, and for the control and collection of
the same.
The SAID premises as parcel OF the wafer
front and the SIDE wharf were for many years
assessed for State and county taxes. and by
the town of Oakian anu the city OF Oakland
for municipal taxes, and tile taxes collected
and paid.
/ continued to maintain and use said wharf
az above stated. until about the wear 1865 or
1869. since when have not had actual and
exclusive possession nor given to il much at
tenti0n.
AT about that time leased my interest in
said wharf and property to Leland Stanford for
the Central Pacific Railroad Company, which
said company ihereupon took aud received
from me- and. so far as / know arterward
held the full and exclusive possession thereon,
under such lease and under my license until