The morning call., 1894-06-23
AND TO CONTROL THE COURTS.

Victor Hugo's world-famous pen-picture
of the struggle for life of giant octopus
is fairly. paralleled in the desperation Of
the southern Pacific of Kentucky to OBJ.
tain new lease of existence through the
funding Dill now pending in Congress.
II. d. :dougham, one Of the original Oak.
Jana committee appointed by an early
COUNCIL 10 investigate the title of the water
front IN that city. throws some peculiarly
interesting light. on the struggle Like
Hug0's, the, contest has been carried on
almost In the dark. The corporation has
not Voluntarily made confdants in its
schemes. but, on the other hand, has en-
.deavored TO confuse the issue Ia the public
mind. Like the octopus of the story, il
has. emitted dark clouds of fluid matter,
amid which it pursues its mysterious way.
THE last. hope of tie Southern Pacific
- Company is. the funding BILL" explained
Mi. HOggham Yesterday.
The lIfeof the company depends on its
reteQti9li of 1he Oakland water front and
iife local roads Herewith connecting.
i9ese are ihe two points at issue-the
tide lands and the local roads. Letus take
them in succession.
"Ihe. TIDE lands in point include the two
blocks a I, the foot of Broadway, for which
tie city. oil, QaElanu is now fighting. The
Tal{rOad claims them under the original
1raHehlsey But the original frst-morigage
bonds. Will soon mature, and the funding
DIE is an endeavor to get q second mort
= gage .ecepted by the Government for an
:other. nj Nv years to cover these lands
.F'Ihe Erst. blow received by the COMPANY
. iu>fegaTd to he two blocks in controversy
.. was Ehe celebrated Chicago decision. This
wa Ito the effect that the State of Illinois
> or eIly~of Chicago could not sell the water
1rQntltl. whole or in part. e. ALLEVIATE in
- any: *way:-Out that the Illinois Central
= RafffoaQ could hold ali the Chicago water
/: front THAI IL had in actual possession and
Yas-pGIng Tor the business of transporta-
:tioT.*":
=: =. n oweame the first instance Of Southern
! acl ne Jugglery IN the matter. The two
oQeks IN dispute did not come under the
definition OF land in actual possession
=. OF: the company because they had been
! bought IN the Individual names of the
iour>oFiglnal magn Stan.
" ford. Crocker and Hopkins-who leased
them to the company.
:. but as soon as the Chicago decision
was handed down, this leased property
! was decided 10 the company in order ia
bring it into actual possession That
= was stroke l. 1t indicated an intention on
: The. part of the railroad of bowling to the
:. A1icago decision and claiming all possible
*.bhder it..
. : Next, when suit to recover the land
was brought by the city, aud it was neces-
= saTy"tp serve summons of citation upon
r the:*president of the construction com
DhnY, the corporation got in its work
T. again. 81.
:: ia. secret meeting of stockholders was
-: called and a. president was elected, the
election being antedated On the records
So That the corporation might claim that
:: observation-disclosures not served on the right
=. PRESIDENT; and when the second summons
UnrG- 1T inn ofn1rr al
:. that tie date of tine deed, giving the leased
=. land to the.c0mpany. was later than the
:. record Of the service of the first summons.
" That was coup 2 It also showed their
}.;anXfety:to prove this land TO be in actual
: session Of the company, in view of the
:: Chicago decision.
! l.: i: Now. as to the second object of the
<IailRoad :. peoples claim-the Oakland
!. s Tracts:
, .+F,rhey are running steam cars through
the heart of the city, cutting off the water
front and practically sitting the lower
p. part of the town.
!. t''Fheir franchise was granted in 1862. 60
: TO .EQn.for nifty years, so that il will expire
in about eighteen years. In 1868 they OBJ
:. }talfed franchise over the Martinez aud
:: Flrst7stEeet road, running up the coast
(ttle extension OF thr Western Pacific over
I pc. water front OF OAKLAND also to run for
: 'fftY~yeaTs
:. Nov, in order to hold these franchises
5 :the>Ea lroad people are trying by means of
:: the fupeing bill TO spread the mortgage
. oyer their local railroads, thinking thus To
extend the franchises. It is doubtful
V neither the General Government has a
) r ghtt04 grant a franchise in a sovereign
!. sta te'Ilke California; but, if il has. it has
certainly no right 10 come into a corporate
e city ike. Oakland and extend a local fran
:. chlses. Still, II the railroad can control
. the COURTS ii will get its own way.
d I'd In Nr
decided on basis of common law. When
the case;frst- came. up before Judge Hoff-
man of:Ihe United States District Court
he:had some doubt at first whether statute
or common law should govern, but finally
decided"in favor of common lava de
c5SjQn which was confirmed later by the
United States Supreme Court in a Spanish
grant .case:down the coast, which laid il
do Wn that the law went With the grant and
must be- respected. Now, the common
law was the statute law in Mexico at the
time of the grant.
THE Importance of that point lies in the
deinf ion of land limits. The statute Law
defines the line between tldeland and M.
land as all land covered by the highes
wave in winter or in Decem Der. and June.
the spring. tides The common law de
~finesit as .all land covered by an ordinary
high tide between the new and full of the
NOON
SPY this" concluded Mr. Hougbam. 'il
will be seen how important is tie contra
of the courts TO the Southern Pacific com
pauy.and also how vital TO their interests
is the passage Of the funding bill # is
not likely that they will stop at anytime
iii their desperate and INSCRIPTIONS efforts
. TO attain both these objects"