The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-11
A SUIT FOR MILLIONS
Valuable Property Now Held
by the Southern Pacific
Involved.
OPINION OF JOHN 7. DOYLE
The Railroad People Have Never
Complied With the Conditions
Of the Grant.

In few days the Southern Pacific Com
pany of Kentucky will find itself in the
midst of suit involving its right and title
to property valued at nearly $2,000,0O0
The State OF California is the plaintiff IN
the suit in which effort will be made to re-
gain sixty acres of land in Mission Bay
granted to the Central and Southern Pa
cifc Railroad companies in 1868 Tor termi-
nal purposes. Attorney-General Fitzger-
aid is, OF course, in charge of the proposed
action, but like a wise captain is not
parading his forces in view OF the enemy,
preferring to wait until the battle is fully
on. 1t almost goes without saying that
the proceeding when the matter is finally
brought into court will be intensely in
teresting, for the reason that it will prob
ably be one of the hardest fought OF the
many legal contests that form part of the
history of this State.
The land which the Attorney General
proposes to recover, or at least make a des-
perate effort in that direction, came into
the possession of The railroad company by
an act passed March 20, 1868. By the
grant the land was to be used for terminal
purposes only, and on further condition
that the company should make their ter
minus thereon and expend 100000 in i'm
proving the property within thirty months.
Failing in any of these conditions the
grant was to become void. The time for
carrying out the conditions of the grant
was extended from time to time, but ex-
pired years ago.
By the act which gave the Southern Pa
cifc sixty acres of valuable land strip of
land 200 feet wide was granted it over the
tide lands claimed by the State, to be used
as an approach to the terminal lands on
the south.
In letter to the San Francisco Real
Estate circular, John T. Doyle gives few
pertinent facts relating to the abortive at
tempt made some years ago to have the
lands revert to the State. Mr.. Doyle says:
Assuming that the companies did spend the
required amount in Improvements, it is notori-
Gus that they never made their terminus
there nor built the contemplated road of
approach. In the summer OF 1875 they ap-
piled to Governor Pacheco for patents for the
terminal grounds and the designated right of
way, and a notice was published inviting OBJ
iectors to show cause, if they desired to, why
these patents should not issue. 1 saw these
notices and wrote to the Governor requesting to
be heard in opposition to issuing the patents.
I received from his secretary areply promising
to fix a time thereafter for the hearing and ap-
prise me OF it. l wrote and printed two letters
addressed to the Governor, in July, 1875,
pointing out some of the reasons why the COM
panies were not entitled to the patents
asked for, and awaited his promised
notification of the date of the proposed hear
ir7o Ht-bia hoe Tor hria
notice never came. 1 presume the Governor
forgot his promise to me, as, at the election OF
1875, he was chosen a member of Congress,
and must have had many things to think of
about that time. On the 18th of September,
just after the election he issued to the railroad
companies patent for the sixty acres, but de-
MED their application Tor that right OF way. I
never could see how to reconcile the granting
OF the one with the denial of the other but at
least it showed the Governors impartiaity, as
the Judge n early days served the slave-he
gave the law to the public and the land to the
railroads. Just before Governor Pacheco went
out of office the Attorney-General applied to
me to aid him in an action he proposed to bring
on behalf of the State to vacate this patent, and
at his instance prepared a bill in equity for
that purpose which was filed in December, 1875.
In January, 1876, Mr.. 10 Hamilton, the
newly elected Attorney-General, assumed con-
troll of the case, and, after granting many and
long extensions of time, finally, on my remon-
STRANGE, refused further time Then followed
a motion to strike out matter from the COM
plant, and more delay. finally found that
had no control, or even voice, in the manage
ment of the suit General Hamilton also in
formed me that he could pay no fees, although
he has a fund of $4,000 year allowed him by
the State for such purposes, and I could but
conclude that was not wanted in the case.
About the same time learned from my other
associate counsel in it, Mr.. Bishop, that he had
become one of the leading counsel for the rail-
road companies. Under these circumstances
the suit naturally went to sleep. 1 never
heard of the fling of any answer to it,
although of the proceedings after the motion
to strike out, If any there were, 1 have no
knowledge having never been consulted about
them. While remained in practice 1 occa-
sionally inquired in the clerks Office, and ex-
pected some day to learn that the action had
been dismissed, but that was not done. The
lastinqpiry made by me, some three or four
years ago, revealed the fact that most of the
papers had disappeared from the files, and
see no reason for surprise if, as you state, all
have; but If the present Attorney General de-
sires to prosecute the case believe I could be
of material service to him in reproducing
copies OF those that are material. During the
term OF Office of Attorney-General Hart he met
me on the street one day and told me he was
going to bring the suit to trial. He seemed,
however, to have been sidetracked by other
litigation with the same adversaries over the
Oakland water front, and abandoned the idea
If he really entertained It, of taking the case up
Attorney-General Fitzgerald does not
propose that there shall be any sleeping"
as Mr.. Doyle terms the outcome of the
first suit, in the proceedings which he is
about to institute. In speaking of the i'm
pending action he said yesterday:
"This is matter about which l do not
care to talk at present, for the very good
reason that it would be extremely unwise
to do so. l do not care to even outline the
course intend to follow, but of one thing
the people of California can be assured
am guarding their interest in this and in
other matters as well and as faithfully as l
know how"
Prior to the granting of this land by the
State to the Southern Pacific Company GER
tain sections of the property were owned
by citizens of this City. They were OPP
posed to allowing the property to fall into
the hands of the corporation, and SO de-
manded prices much beyond what the
company was willing to give. The rail-