Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-12-20

the Prize-History of the Matter and
Some of the Arguments Presentcd-sig.
nificant List of Speakers on the Proposed
Currency Bnl-Cullom Puts in q Word
for Henncpin Canal.
WASHINGTON, Dec. s0.-One of the most
important cases of the year is in process
Of hearing in the United States supreme
court. 1t involves the validity of title of
the Southern Pacific company to the
water front of Oakland, Cal, on the bay
oil San Francisco. A grant was origin
ally made in 1852 to the town of Oakland
| then mere hamlet-of large tract Of
land extending from high water mark
to ship channel to enable the town (which
| was Incorporated in the same act) to Gre
ate harbor and construct wharves. This
grant was conveyed to Horace W. Carpen-
! ter by the trustees of the town on his
agreement to perform certain condi-
tions required of the town by the grant
ing act of the legislature Controversies
arose between Carpenter and the author
ities OF Oakland after its incorporation
as city in 1854, but the claims were all
adjusted in 1868 under the authority of
1
council and the mayor for that purpose
When the Railway Got Title.
| From Carpenter the title now attacked
by the state of California was derived by
she railway company. The present suit
was brought to quiet title The state OF
California is represented by its attorney
general, Hart, and with him are associated
counsel for the city of Oakland and also
John S. Miller, of Chicago, who was coun-
sci for that city in the famous lake front
case which took from the Illinois Central
Railroad company its supposed right to
the submerged lands constituting the
waterfront of Chicago on Lake Michigan.
On the side of the railroad company are
William Stewart, senator from Nevada;
| j. Hubley Ashton, of Washington; J. h
Cowen and Hugh l.. Bond, Jr, of Balti
more, and Harvey 5. Bum, of San Fran
cisco. The case was opened by the attor-
ney general of California. He stated
with great clearness the history of the
case, giving the various legislative enact
ments the ordinances of the city of Oak
land, and the agreements between the
city and its grantee, H. w. Carpenter,
and with the railroad company
Contention of the state Now.
He claimed that the grant of Carpenter,
on which the railroad title rests, was
lease for thirty-seven years only. He
| maintained that at no time had the state
made any grant to the city of the property
in slse .sasssJ fbnt. He seit tho -stu%. Ind
only grantcdfhs right to its use for the
benefit of commerce, and that the city
could not part with the title because it
had never owned it. He Furthermore con-
tended that the state itself couH not, il it
had chosen to do SO. have granted this
property to any person or corporation, be-
cause it must hold the property for tho
benefit of all the people interested in COM
mcrce. 49,,
Conditions Were Different Then.
Senator Stewart then opened his argu-
ment in behalf of the railroad company.
He made IA statement of the conditions
prevailing in 1s52 when the legislature
granted to Oakland the water front. He
said the population of Oakland was then
fifty-five persons. The extent of the grant
| greatly reduced its value, there being
| something like five miles of mud flats be-
tween Oakland and the deep water. In
March, 1852, the entire property on which
! Oakland is located was sold for ST, 900. He
said that san Francisco became the metro
polls OF the Pacific because it was built
J at deep water where the ships could reach
it.
Told How They wrestled with the Road.
He narrated the struggle of the founders
of Oakland to interest the railroad COM
pany in even considering the question of
making it a railroad terminus. No rail-
ways We're constructed in the fifteen years
after the grant Of the water front was
made to Oakland. He made it plain that
up 1859 the water front of Oakland was of
little value. He then entered upon a state
, ment of the negotiations which led TO the
acquisition of the title by the railroad
company and the approval of the same by
the city council of Oakland. He had only
, reached that point when the court ad-
, journed.
What They Are Doing in Congress.
WASHINGTON, Dec. 2o.-Prectically all
, the time. of the senate was occupied by
speeches on the Nicaragua canal bill.
, Turpic gave the third section and end of
, his speech and Morgan announced that he
| W Guild reply to Turpie Turpie offered an
amendment providing for the appoint
D ment of board of three engineers to
| a.ake survey and estimate of the cost
; Of the canal. Perkins of California
favored the building of the canal, as did
Cullom. An executive session was held.
The debate on the currency bill contin-
. ued uninterruptedly in the house John
. son of Indianan and Ellis of kentucky op.
! posed it, and Warner of New York sup
, ported it. The speech of Ellis ended with
5 an allusion to Cleveland not compliment
ary in character, and the applause it re-
1 ceived from the free silver Democrats in
0 dicated plainly the unaltcrable opposition
{ of the silver men of the house to the Car
Isle plan. Bland, the silver leader, gave
notice that he would offer his free silver
bill as substitute for the bill.
!. CULLOM is FOR THE CANALS
Not Only That of Nicaragua But the Hen
nepin should BE Built.
. WASHINGTON, Dec. 21.-Cullom obtained