The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-26
A CORDIAL WELCOME CERTAIN
AND AN OUTLET ALSO
LUTELY SECURE.
THE WAY OUT rs SIMPLE
IF THE CITY DOES Nor OWN THE
FRONT CONDEMN A WAY
THROUGH.


other railroad could find an outlet there.
Now it is proposed to build another rail
road down the San Joaquin Valley to the
bay of S an Francisco, and the question
has been put to Oakland by the CALL:
''What provision can you make for its
entry into your city?
as this old story true about the South
ern Pacific owning your water front to the
utter exclusion of any other road?"
Oakland, to a man, answers that it is
NOT TRUE.
1t is a bugaboo, they say, that has been
held UP before and over Oakland, to its
great injury, since the town was incor-
porated. Since the railroad acquired the
title of Carpenter, quarter of a century
ago, it has, by constant advertising the
thrusting of its famous waterfront
clause" into every form of lease along the
bay, and by every possible means in its
power, kept the notion in the minds of the
people that it had some sort Of claim to the
water front, over which no other corpora
ton could ride. The effect has doubtless
been to injure Oakland, they say, just as
rumor smirching mans honor Injuries his
credit, however malicious and unfonnded
it may be. For the claim is both malicious
and unfounded.
So far from being tied up and hedged in
by the Southern Pacific Railroad, to the
exclusion of other roads. Oakland says it
is more than usually free as among cities
from any such handicap.
"Our charter" they say, ''has left a
broad roadway into and around the water
side of the city that any railroad cal come
and take for the asking. 1t is beyond the
power of the City Council to refuse them.
No questions need be asked. No permits
sion is necessary from property-owners.
The streets are there; all that is necessary
is to make a demand"
They point to the mandatory language
of the charter:
1t shall be the duty of the Council and the
Council is hereby required to grant to any
railroad company or corporation applying
therefor franchise 20 lay and maintain
tracks along any line selected by the applicant
and TO pass with steam railroads along, upon
and across or elevated above or placed below
any street or streets within that portion of the
city which lies west and south of dividing
line commencing at the point where the east
line OF Halleck street intersects the present
charter line of the city, and running thence
southwardly in straight line. etc.
The district described is indicated on the
map herewith and south of the line marked
at its northern and western end A and its
southern and eastern end B. All that
district lies open to whatsoever railroad
that will.
But it is not a question as to which way
can the railroad come in, but which way
will it come in said Mayor Pardee yes
terday. "Let the new railroad but declare
its intention to come to Oakland, and it
will find SO many offers of right of way
through our city that it will be only left for
it to choose. Open roadways to the north
and south and through the very heart of
the city will be rendered it by the property
owners. Outside of the district indicated
by the charter, it is necessary to get the
consent of property-owners. believe that
instead of having to ask that consent they
will come forward with petitions from diff
ferent feasible lines through the city. In
deed the cause of anxiexty is that the road
will not want to come into the city, and
hence the stipulation has been that, in
order to earn our subscription, it must fix
its terminus between the old charter line
on the northwest at high tide and the en-
barcadero on the southeast, which will
bring it between the ordinary business
limits of the city"
But the important question is not so
much how to get in as how to get out-out
to deep water and over this land between
high and low tide, which the Southern Pa
cific claims as its own. This question is
answered by w. R. Davis, counsel for the
corporation in its suits against the water
front company which is the Southern
Pacific. His answer can be put in a line:
Condemn it and pass through.
at is true" continued Mr. Davis, "that
the city has been in litigation over this
matter for twenty-five years, but our rela-
tionship is very different from that of any
railroad or other corporation seeking an
outlet to deep water. We have steadfastIy
refused to recognize the claim of any BODY
or corporation to the water line other than
Oakland itself. Therefore, we have not
resorted to condemnation proceedings,
which would be 2 form of consent to it.
That is the very material difference. We
have run our streets to their line and there
stopped, and must stop until the court de-
cides that the water front belongs to the
city.
"a railroad on the contrary can go down
to that line, issue condemnation proceed
ings, put up its bonds conditionally and
march through to deep water with scarcely
pause to take breath. Even the South
ern Pacific Company, with all its twenty
five years parading of the bugaboo, would
scarcely contend that the law of eminent
domain does not apply with regard to It's
sacredness. If it did the Chicago lake
front case has already disposed of it, in
that the court declared that the grant of
square mile of land there was void be-
cause 1t was against public policy. Here
the railroad claims straight line around
the entire city and embracing 5000 acres.
No., said Mr.. Davis, "there is no shadow
Of doubt in the matter; the situation is
perfectly plain and may be put in very
lew words:
Oakland viii welcome the railroad from
whatever direction it may come, and the
closer to its heart it comes the warmer the
welcome. To reach deep water it has only
70 condemn its way to overcome the oppo.
htion of private claimants.
81 wish to add one thing more" said
Mr.. Davis, land to lay special stress upon