The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-14
THAT MISSION BAY SUIT.
Railroad Attorneys 10th to Dis
cuss the Impending Liti-
cation.
THE LAW AS IT WAS PASSED.
Provisions for the Forfeiture of the
Grant If Conditions Are Not
Fulfilled.

''The. Southern Pacific Company is not
given to discussing its affairs through the
press said Attorney w. s. Brown, when
asked about the proposed suit of the State
to recover the Mission Bay lands.
eve are quietly attending to our side OF
the case, and l presume will be able to
meet the States action in way entirely
satisfactory to ourselves The case is an
old Que and the act granting the patent to
the railroad, with certain conditions, is
accessible to any who desire to read 1t. 1t
devolves upon the State to prove that we
have not complied with the conditions
therein"
Chief counsel of the company w. 5.
Herrin was equally uncommunicative,
though he finally acknowledged only a
limited acquaintance with the facts in
connection with the case.
1t was plainly to be seen, however, that
the impending litigation was anything but
pleasant news to the law department of
the Southern Pacific Company.
The law referred to by Mr.. Brown is en-
titled AN act to survey and dispose of
certain salt marsh lands belonging to the
State of California" Approved March 80,
1868.
Commissioners, section of the act says:
After the establishment of the water-line
front SIS above provided the Commissioners
shall have all the property lying within the
same belonging to the State surveyed, subject TO
the approval OF the State Board, into lots and
blocks III accordance with the official map
survey OF the City of San Francisco, reserving
so much thereof for streets, docks, piers, slips,
canals, drains or other use necessary for the
public convenience and the purposes of CON-
meFCe as in their judgment may be required,
and have two maps OF the same prepared show
ing the property as reSurveyed TO the water
line front, the streets, blocks, reservations
and everything necessary to be shown by such
maps, one OF which shall be filed in the Sur
veyor-General's Office, and the other shall re-
main in their Office at San Francisco; provided
that the land belonging or granted to the Cali
fornla Drydoek Company and the overdowed
land in front thereof shall be and the same is
hereby excepted from the operation OF the
act; provided, that there is hereby granted
and donated to the Southern Pacific
Pacific Railroad Company, for a terminus in
the City and County of San Francisco, to each
of said companies, thirty acres, exclusive of
streets, basins, public squares and docks, out
OF the aforesaid land, and lying southwardly
from Channel street, and outside OF the line
known as the red line water front of Mission
Bay, to be located jointly'or severally by the
aforesaid respective companies within ninety
days from the passage of this act, in a manner
and form TO be approved by the Governor, the
Mayor of the City and County of San Francisco
and the president OF the Chamber of Com
merce of said City, or a majority of them,
and so as not TO extend beyond twenty
four feet OF water at low tide, nor
within 300 feet of such line as may be estab-
lished under the provisions of this act, the
permanent water-line OF said city, together
with the use of a right-of-way for said COM
panies to said terminus over the lands of this
State, for the roadbeds and tracks OF said COM
pany-the Board of Commissioners herein
named to fix and designate the lands mot TO
exceed a strip 200 feet for both said companies)
over which said right-of-Way shall be exercised;
AID rz1, IF loVad for
minus and said right-of-Way shall HOT be con-
structed 10 interfere with the proper es tablIsh-
ment and regulation of streets and alleys, docks-t
wharves and basins, culVerts and sewers, ana
the laying dowr OF gas and water pipes by the !
proper authorities OF the City and County OF |
San Francisco, and the authorities OF the said |
City and County OF San Francisco shall have |
such jurisdiction and control over said streets |
and crossings thereof as is or may be conferred |
by the law IN other cases, and said railroad
companies shall so construct their roads as 20 |
cause the least obstruction to travel over and
along their roads and at the crossings thereof; |
provided, that in case either OF the said COM
panies shall fail 10 comply with the conditions
OF this act, such company shall forfeit its
rights hereunder: and in such event, the other
company accepting and using the same for
the purpose Indicated shall receive thirty
acres exclusive of streets, basins, public
squares and docks, and not exceeding 100 feet
in width Tor right-of-way; and the said com
panes are hereby authorized to extend their
roads or purchase other roads to reach their
terminus.
And upon the location by the said
companies of their terminus and ter
IninaI depots and stations upon the said
premises, and the expenditure of $780,
600 thereon by each of the said compa-
MES, the Governor shall issue patents
therefor to the said companies respect
lively; provided, that unless the said
companies shall within thirty months
from the passage of this act, make the
terminus of their roads upon the said
premises and expend thereon the said
sum of 500, 900 each, then any grant
herein contained shall be void as to the
said company in default, and the
lands herein granted to such company
shall revert to and be the property of
the State.
Nothing in this act shall be construed to In
terfere with the collection of wharfage and
dockage by the State, nor with the right of the
State 70 construct, adjoining the property
granted, such wharves and docks as may from
time TO time be provided by law; provided fur
ther, that ii the 200 feet herein mentioned for
the right-of-way, or any part thereof shall at
any time be abandoned or shall cease To be
used as such roadway by said companies, then
so much thereof as shall be abandoned or dis
used shall revert 10 the State; and provided
further that if the said companies, or either OF
them, shall not within thirty days Of the Or
ganiZation of the Board OF Comm issioners,
notify such board of the acceptance of the pro-
visions of this donation and grant, the lands
herein proposed to be donated and granted to
the saIu company VI cOHPalloS 81 te-llAs "
notify said board shall be sold at auction, as is
otherwise provided in this act
In the event said companies, or either OF
them, shall accept the grant herein made, the
same shall be in lieu of all other grants made
or TO be made 10 the company accepting the
same in the City and County of San Francisco
at the present session of the Legislature; pro-
vided, that no part of said land granted or
donated to said railroad companies shall be
located on any land now in the bona fide
possession and occupation OF any citizen or
citizens of this State.