The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-22
TAMPERED WITH.
Correctly Rendered, but
Wrongly Printed.
COURT DECISION ALTERED.
Odd Development in the Water
Front Case.
COURT DECISION ALTERED
TREFETHEN MENACE TROUBLES.
lhree Hundred Laborers Enter Pro-
test Against Stopping Rail-
road Work.

"h'CH udS oeen Dragging us weary way
through Judge Ogden's court for month
past produced genuine sensation yester-
day, when 1t was developed that somebody
mad been tampering with Supreme Court
decisions on file at Sacramento.
In the case known as the EEL River
case, in which Ezekiel NJ. Hickman was
defendant and John a. SWEET defendant,
involving certain tide lands, the decision
OF the Supreme Court, rendered on August
To- 1893, set forth in very explicit terms
that the State could not convey any land
under Tide water, and the decision was
FULLY set forth In the legal court publica-
tons. In support of this position the
Chicago case, in which the United States
supreme Court rendered its famous de-
clslon, was freely cited.
There was variance discovered while
testimony was being taken before Commis S.
sloner ManTy, by the counsel for Oakland,
between the original document and that
used Tor reference in 80 California. A
ceFllneu COPY was secured from The clerk OF
the supreme Court of the decision, and careful
comparison by the attorneys showed conclus-
lVely that there had been a mutilation OF the
decision with malicious intent
HE omitted portion of the decision Is as fol-
lows, ana is really the vital point:
IL defendants contention can be sustained it
Mou'1 seem TO follow that under their patents
they nave not only acquired title to the bed the
river but 10 the water which covers 1t people vs.
lanai Appraisers, 80 y. y, 464). The courses and
ceS OF survey undoubtedly include q sec
tlou OF the river lying between the side lines OF
the survey. and these courses and distances must
be rcsorted to IL any rart Of the island is ncosed
But not only does the call for navigable river as
boundary control the call by courses ana dis
tances, but the State could not convey under the
act LOT the sale of swamp lands any land lying
Delow ordinary high-w mark navigabe
stream, nor can the State under any act that the
lie nm -
unqualified title to the shore or bed OF navIgable
stream.
such lands held by the State in trust for the
whole people, and cannot be conveyed for any
purpose not consistent with the purposes of tn
trust
Grants may be made Tor the erection of vharves
docks, ETC., IN aid of the of the water for pur
poses OF navigation and commerce. but the State
cannot abdtcate its trust over property In which
the whole people interested. (Illinois Central
Railroad vs.. Illinois. las L. s., at D. 1887 II the
state can vest absolute and unqualified title and
ownership OF any portion OF such lands and waters
In a private person there can he 10 limit TO such
dispOsals until aI such lands have been converted
into private property aud the tIust for the benet
OF the public has been utterly DESTROYED. For
these reasons II no other
After skipping this important part Of the de-
clslOn II Is made TO read along as though nothing
had happened, and made to read smoothly too
by the use OF a blue pencil in def fingers. In
order that this might be the words, further
along, 'as we have seem" which refer 10 the
written portion, are left out.
his lalned decision was introduced before
Commissioner Maury by the railroad attorneys
and forced tie other side TO introduce the
genuine decision, but despite This fact The
mutllated decision was again cited by the rail-
ROAD attorneys Yesterday before Judge Ogden,
ana again did the city attorneys, Messrs. Davis
and Powell, have TO call The attention OF the
court 10 the fraud in 80 California.
The report was permitted to go in by Judge
Ogd u, but he stated that The other side might
introduce a certified copy OF the genuine deci.
sion.
The question among the legal fraternity yes
terday was whom by ana when was the impor-
tant Supreme Court decision muIilated?
Inc waterfront case goes on to-day at 10
O'Clock.
The Trefeihen Troubles.
Ada s. Trefethen has instituted proceedings
for divorce from Eugene A. Trefeihen on the
ground OF extreme cruelty.
The IrefetbenS are Il midde-aged couple
Win grown children, and the family occupy a
beautiful home on Fourteenth street. near
Adeline. For twenty years or more The he ad
OF the house has been at the motor power and
machine department for The Southern Pacific
on this side OF the bay and is very we'll thought
OF by his acQuaniances.
The ground for divorce alleged in the COM
plaint Is extreme cruelty, but the wife says she
is prepared 10 bring forth more serious charges
If Mi. Tretethen should show fight.
LRborers Growing.
Some 300 men are thrown out OF work by the
land and Piedmont and the Highland Park cleo
tTlc roads, which were preparing 10 build down
Eiosontn stree, until enJOlneQ Dy property
owners and certain commission merchants and
There Is considerable growing in consequence
There Is no move as yet 10 raise the injunc.
tions and IL is not known exactly what course
Will be taken.
Tho Harrigan Season.
HarrigaD and his merry people are drawing
good houses at the MacdOnOugh. Last nigh a
good crowd witnessed "Old Lavender" and to.
night will be produced "Ihe Leather Patch"
Farewell performance on Thursday night,
when "Cordelas Aspirations" will be the at.
traction.