The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-02
LEASE OF CHINA BASIN,
The Final Report of the Com
mittee Will Be Pre-
scented To-day.
MR.. sUTRo IN OPPOSITION
His Amendment Voted DoWn-He
Fears the Southern
Pacific.

The committee appointed by the Harbor
Commissioners to draft the lease for the
China Basin to the San Francisco and San
joaquin Railway Company finished its
labors yesterday, and to-day the board,
Governor Budd and Mayor Sutro will prob
ably ratify or reject the work. The report
of the committee will not be signed by the
Mayor, and he will oppose its acceptance
by the Board of Harbor Commissioners.
The meeting held yesterday in Attorney
STATIONS Office was very warm one, Mr.
Sutro had tw amendments which he de-
sired incorporated in the lease and the dis
cussion of them provoked heated debate,
which resulted in their being voted down.
At the meeting there were pres ent Mayor
Sutro, President Colnon and Commissioner
Chadbourne of the board; Attorneys Ford,
Preston, Stratton and J. T. Rogers. Preston
re presented the road and Rogers the
NJ ayor.
Commissioner Coles amendment max
ing it binding on the lessee til complete
100 miles of the road in five years and tap
the bay at some point was first considered.
The only object on to the amendment was
raised by President Colnon, who did not
think the last clause necessary. Mr.. Col
non probably had the interests of Stockton
in view W nen he spoke, but as the rest OF
the committee strongly favored the clause,
and Attorney Preston assented, the obiec-
ton as withdrawn.
Then came the presentation of Mr..
Sutro's amendments. The first reads as
foil ows:
1t is agreed that nothing herein contained
shall apridge the right of the State OF Califor-
mia through its proper officers TO collect wharf
age, or dockage, or tolls, or all lawful charges
upon shipping or merchandise, or both, at any
seawall, pier, slip or wharf constructed at said
premises by the lessee.
1t is further agreed that neither the lease nor
any of the rights hereinunder shall ever be
assigned or be sublet as a whole or in part II
the lessee corporation shall at any time during
the term OF this lease, directly or indirectly,
fall under the ownership, management or con-
troll of any railroad corporation or the stock
holder or stockholders of any such corporation
having terminal facilities anywhere upon or
adjacent to the water front of the City of San
Francisco, or if the ownership, management
or control of said lessee corporation becomes
vested in any railroad corporation having such
terminal facilities or the stOckhOlder or stock
holders thereof, or if the said lessee corpora
ton shall enter into any combination, pool or
trust for the purpose OF regulating fares and
freights or for the purpose or preventing or
limiting competition with any railroad corpo-
ration or individual having railroad terminal
facilities upon or adjacent to the water front
of the City of San Francisco whereby any of
the advantages resulting from this lease shall
inure either directly or indirectly TO such cor
porations or individuals so holding such ter
minal facilities, or II any said lessee corpora
ton shall from any cause cease TO be COM
peting railroad, or shall cease TO be q Compel
itor in the business OF carrying passengers and
freights, then this lease shall determine, and
said demised premises, with all the improve
ments and appurtenances, shall revert to the
State of California.
street be widened at any time, and IT become
necessary that any portion OF the premises
described in this lease should be used therefor,
such portion Shall be thereby expressly ex-
empted from the operation OF this lease, and
that the improvements thereon shall be re-
moved from such land so required at its sole
cost.
1t is further expressly agreed that neither the
estate hereby granted nor the improvements
that may be erected on said demised premises
shall ever be mortgaged, hypOthecated, inCum-
bered in any manner or TO any extent charged
with any debt save and except such tax
charges as may be levied by the National, State
or municipal governments; and any attempt
TO mortgage, hypothecate or IN any manner in
cumber the said estate hereby granted or the
premises herein described or the improvements
thereon shall at once work a forfeiture of all
rights hereunder, and entltle the said parties
of the first part or their successors to re-enter
the said premises and determine the estate
hereby granted.
This is the original amendment which
was proposed by the Mayor at the first meet
ing of the Board of Harbor Commission
ers at which were present the Governor
Sutro, ]. D. Spreckels and others. At
torney Preston then objected to the
amendment, claiming that il gaveno privi-
leges to the road at all, and under its pro-
visions "a peanut-stand could not be sub
let. AT that meeting the amendment was
referred to the committee, and at the
meeting of the Harbor Commissioners on
last Saturday the Mayor complained that
it had not been incorporated IN the lease.
Attorney Stratton at that time remon-
strated with his Honor, calling attention
TO the fact that the spirit of the amend
ment was in the lease and that the language
fully covered the ground.
Yesterday morning Mayor Sutro offered
a second amendment, which he claimed
overcame the objections of Attorney Pres
ton. In the amendment were enumerated
all the privileges TO which the road was
entitled. This did not satisfy Mr.. Preston
at all. He said that the clause in the lease
as it stood at present sufficiently covered
the ground.
'.There has been considerable time lost
in the consideration of this lease" said
Mr.. Preston, land the directors of the road
are at loss to understand what is being
done. We would like to have the matter
closed up
81 have been trying to get away to the
country for month"; retorted the Mayor
with some acerbity, 'but the consideration
of this lease has prevented my doing So"
This brought Mr.. Stratton to the front
with a sharp remonstrance.
mayor Sutro," said he, "you are the
only one who has delayed the proceedings
After the meeting in the Harbor Commits
sioners' office it was understood by the
committee that all amendments were to
be in by a week ago last Monday. You
did not act in the matter until we met on
the following Wednesday, and then the
amendment which you had first proposed
had been considered and incorporated
stripped of its verbiage."
Eyes, that is so" assented the Mayor,
81 must apologize for my Iemissness, but
have been very busy with the cares of
my office. 1 do not want to appear as
throwing any obstacle in the way of the
competing road, but want the road to be
a competing one in the strictest sense of
the term. l do not want to see the South
ern Pacific come in and absorb the road :"
Mr.. Rogers entered into long ex-
PLANTATION of Mayor Sutros ideas. He
said that the substitute for the amendment
which had been put in the lease did not
afford sufficient protection to the public
The Mayor, he said, wanted to prevent
pool or a combine with the MONOPOLY of