The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-17
TO OPEN |SLA|S CREEK,
Congress Asked to Open the
Stream to Naviga-
ton.
Should No Action Be Taken the Gov
eminent Will Have a Big Suit
on It's Hands.

The 1slais Creek Property owners Asso-
citation, through its president Peter Secu-
lovich, will make vigorous fight before
the present Congress for the reopening of
Islais Creek.
The California delegation with one ex-
ception is said to favor the proposition,
and Congressman Mcguire has been Sc
lected as the proper person to make the
fight. A few, days ago long communi-
cation was addressed to Congress setting
forth all the claims of Islais Creek prop
erty-owners and urging that immediate
action be taken in the matter. This docu-
ment is signed by some twenty property
holders, representing nearly a million
dollars. 1t is inNpart as follows:
To the Honorable Sencte and the House of
Representatives. off the UNITED States of America
an COngress-GENTLEMET The Islais Creek
Property-owners' \ Association OF the City
and County Of San Francisco respect
fully represent and petition your hon
orable body TO reopen 1slais Creek to
commerce and navigation. That they are the
Islais Greek. an arm OF the sea into which tide
GIBBS and flows, having eight feet of water at
ordinary high tide. That ct the time OF
their early purchase of said land they were en-
joying free commerce and navigation and up
to 1866, when the State Legislature exceeded
its trust and let the Potrerp and Bay View Rail-
road Company obstruct It by "a wooden bridge
That said embankment and wooden
bridge has stopped all commetce and naviga-
ton OF said creek to the great loss of said
owners.
That another obstruction is created by the
State Legislature exceeding its Trust in grant
ing to the City, extension OF Fifteenth avenue
providing for bridge, and, not mentioning
a drawbridge. Against our protestit was filled
in with solid enbankmenJ with food gate
on it, but now out of its place. y That
steamers and coasting vessels with "a capacity
of about forty tons frequented the said creek
That said Islais Creek was declared navigabe
arm OF the sea by act of Congress, September g.
1850, admitting the State of California into
the Union Section of the United States
"And be- it further enacted, That all navi-
gable waters within the said State shall be
common :hlghways and forever free as well
to the inhabitants OF said State as to the cti-
Zens of the United States, without, tax, impost
or duty therefor" VA
'In 1882, in the Superior Court OF this
City" said President Seculovich yester-
day in discussing the case, "a decree was
rendered declaring that the bridge placed
on Kentucky street by the Potrero and
Bay View Company was nuisance and
that it should be instantly abated The
case was Immediately appealed to the
Supreme Court and the decision there
was that the railroad had a right to retain
the bridge until Congress enacted other
wise.
'"Ihis case has been before the public for
years. but the property-owners are rapidly
growing tired of so much delay. If this
Congress fails to afford us the relief de-
sired We will see what suit against the
Government will do.
Il claim that Islais Creek is an arm of the
sea, and as such cannot be closed to navl-
CATION except by an act of Congress ITSELF
lslais Creek is held by the City and
County of San Francisco in trust for the
people OF California, and the State is SIM
ply trustee for the United States. There
fore the State Legislature has no right to
pass law granting either corporation or
individual the right to obstruct a navi-
gable stream without first obtain ng the
consent of Congress, which represents the
people at large.
GAS l said before, we intend to await the
action of the present Congress, and if the
creek is not declared open we will institute
suit for damages. There is over a million
dollars involved in the proposition. The
property as it stands to-day. however, is
in most instances practically worthless"