The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-14
BEFORE THE GOVERNOR.

Now that both branches of the Legisla-
ture have passed the bill authorizing the
Harbor Commission to lease fifty acres of the
mud fats of San Francisco to the San Joa-
quin Valley Railroad for terminal uses, the
Governors approval is all that remains to
make the bill effective. While it is hardly
conceivable that he will fail to approve the
bill, it is well to consider the two objec-
tons which were raised in the recent dis
cussions over it.
The first of these was that by reason Of
its general chara cter either the valley
road might secure a lease in the interest of
the Southern Pacific Company or that any
other railroad company (Which means the
Southern Pacihc) might lease similar lands
under its provisions. 1t would be difficult
to imagine any proposition more farcical
than that an enterprise started by
capitalists for the sole purpose of
breaking the chains which the South
ern Pacific has fastened upon them
should begin by assisting that monopoly
in increasing its bondage over them. 1t is
equally absurd to imagine that the South
ern Pacific, which already owns many
times the number of mud-f1at acres re-
quired by the San Joaquin Valley road,
should desire to lease more from the State
at a heavy annual rental-especially in
view of these facts: First, that its own
lands are more convenient to its purposes :;
second, that these lands can be improved
at far less expense than the States; third,
that Improvements placed upon its own
lands will belong to it for all time, whereas
under this act of the Legislature they
would have to be surrendered with the
land at the end of fifty years. This assumed
danger is not worthy of any serious con-
sideration.
The other objection is that the act is I'M
constitutional. Ali other considerations
laid aside for the present, it is clear that
the Supreme Court, particularly in this
case. is the only proper tribunal for passing
upon the constitutionality of the act. 1t is
altogether unlikely that the question will
ever be raised in the courts, equally IN
likely that the Supreme Court would de-
clare the act unconstitutional if the ques-
ton were brought before it, and certain
that whoever would raise it must bear
most uncomfortable load of public odium.
And it cannot be assumed that the men
who have so much at stake in the matter,
and who have declared that they are ready
to proceed under the provisions of this act,
have neglected any precautions in securing
the best legal advice obtainable. If they
are willing to take their chances on the
constitutionality of the act, it would be
ridiculous for any one else to make an
objection.
Standing infinitely above all other con-
siderations is the fact that the Legislature
has passed the bill. For this act it de-
serves the most generous praise and the
heartiest thanks. 1t cannot be doubted
that the temptation to err was exceedingly
strong; and while it is expected of every
public officer that he will do his duty the
history of California Legislatures has made
it possible to be thankful for the perform
ance of a simple act of fidelity. The CALL
heartily congratulates the people of the
State on this their first great victory over
a formidable power that hitherto has been
deemed invincible. 1t congratulates them
on having as the champions of their lib
erty and the guardians of their prosperity
men who have the courage to attempt and
the ability to achieve SO tremendous an
undertaking.
Ills N1CtOIy utduS HOI atone IndI a CON-
peting local railroad can have terminal
facilities at San Francisco; not alone that
the vast fertile plains of the San Joaquin
may become densely populated with a
happy and prosperous people who may
keep for themselves a fair share of their
earnings; not alone that thousands of I'M
employed men may have an opportunity
to work for a living, and not alone that
San Francisco may became what its
natural advantages long ago might have
made it-one of the greatest cities in the
United States. Above and beyond all these
things the victory means that the sleeping
giant has been reused at last and is stretch
ing his great limbs in the consciousness of
a power that long ago might have been en-
pIoyed to burst asunder the fiimsy walls of
niS rnrisnn