The morning call., 1894-12-18
READY TO ARGUE.
Oakland's Fight for Her
Water Front.
HART'S TWO NEW POINTS.
Carpenters Grant Was ONLY a
TimessLease.
ARTS TWO NEW POINTS.
INTEREST OF SAN FRANCISCO.
This City Should Have Been Con.
suited When the Alleged Gift
Was Made.

WASHINGTON, Dec. 1.-THE great Oak
land waterfront case did not come up in
the Supreme Court to-day, as was ex-
pected. There are several cases ahead of
it, so that it will probably not be reached
before Wednesday, though there is a pos
slbillty of its being argued tomorrow.
Acknowledgement Hart arrived to-day, and
the other attorneys are Davis, representing
Oakland, Miller of Chicago, who was in
the Lake-front case and who is now re-
tanned to assist Hart. John K. COwen of
Baltimore. Senator Stewart, j. Hubley
Ashton and Judge Harvey S. Brown of
San francisco. The briefs in the case are
vouminOus. That of Mr.. Hart covers 180
printed pages. that of the Oakland lawyer,
229 pages, Harvey Brown 224, Ashton 2S6.
and Stewart 19, while thai of Congressman
Cowan, to be filed tomorrow, will prob
ably cover 100 pages. The testimony in
the case occupies a pamphlet of 1155
pages.
Attorney General Hart said to The
CALL correspondent tonight that he was
in receipt of letters and telegrams from
Californians anxious for a settlement of
the matter in order that the new railroad
and other enterprises might be undertaken,
and asking when, in his opinion. decision
of the Supreme Court might reasonably
be expected. Mr.. Hart says he does not
believe decision will be reached inside
of a year. and perhaps not for longer.
Hart seems TO be thoroughly in earnest
and confidentially expects to win.
This will be one Of the most important
cases ever tried in the Supreme Court"
he said. SIT directly involves property
valued at S20,0OO,000. The Illinois Central
case involved Que mile of lake 'front.' con-
sisting of $40 acres. The Oakland case in
wolves nearly twenty-One miles and 1870
acres. As this will be my last Important
case before retiring as Attorney-Gener
am more than anxious to win il. and am
confident that l will. l believe We will
recover the entire water front, though 1t is
possible th6 railroad may be allowed the
mole and the foot of Broadway.
"Thecase will probably occupy two days.
Two hours and forty minutes will be al
lowed for argument OIL each side. l Will
open in an hour and forty minutes. The
railways side will follow in the same
length of time. The city of Oakland will
then argue TWO hours and forty minutes,
the railway for another hour. and l will be
allowed one hour in which to close. The
a l.
hope l am justified in the belief that my
own is good one, too, for l have spent
enough time on it, In fact. the two briefs
are very similar in their argument, so
much so that mine could be used for Oak
land and vice versa. One new point that
l will make is that the ordinance only
gave Carpenter the land for thirty-seven
years, and that this grant expired in 1889.
don't see how they can escape from this
point. and if it is we'll made they will lose
the mole and everything else.
Another new point shall make is that
San Francisco was as much interested Ia
that grant as Oakland, inasmuch as her
shipments had to cross it, and therefore it
should not have been made to Carpenter
without the consent of San Francisco"
Justice Jackson is very sick and will
not be in attendance upon the court, but
Attorney-General Hart would be glad II
he could be allowed to take part in the con-
sideration of the case by briefs.