The San Francisco call., 1897-09-28
Suit Instituted to Reclaim
the North Beach Water
Front.
The State of California on Re-
lation of A. Miller. the
Plaintiff.
The Attorney-Gen Has Filed His
Permission for the Bringing
of the Suit.


State OF California on the relation of Al
bert Miller to test the right OF the James
G. Fair estate in regarI to its claim 10 III
land now being reclaim on the North
Beach water front. The com plant is di-
rected against Charles A. Warren and Ed
ward Malley the contractors, and James
S. Angus, Thomas ?. Crothers and w. S.
Goodfellow, executors OF the Fair estate,
as we'll as the children OF the decedent
Charles G. Fair, Theresa A. Oelrichs and
Virginia Fair.
Attorney General W. F. Fitzgerald has
filed his written permission for the bring
Ing OF the snit in the name Of the State
but the lawyers actively engaged in the
management of t, litigation are Evans
S. Pillsbury ana John B. Mhoon.
The basis of the action is the allegation
that the people of the State have right
to the free and undisturDed use OF the
water front or seaboard within the State
limits and that upon The admission
of the State into the Union it ac-
ouired and continues TO retain jurls-
Qictlou over the soil of the bed Of the bay
of San Francisco and of the arms thereof
subject only 10 the right Of the United
States to supervision over the navigable
waters of said bay, SO far as may be neces-
sarv in exercising its right 20 regulate
commerce. Consequently, it follows that
the State has a right to protect and de-
fend the same from eucroachment and to
sue for relief in respect OF any encroaCE-
ment or infringemen of its sovereign or
properly rights.
The lends claimed by the Fair estate,
and now under course of improvement
by filling in wi h stone and earth, are al
legged to be situate and lying below the
TrE IDrx- tJa Z I,a
neigh hborhood of the foot of Webster and
Film ore streets, the same constituting a
part OF the harbcr of the city OF San Fran
c SEQ; that these lands extend under the
naylgabIe waters of the bIy of San Fran
cisco about three quarters of mile The
depth of water being more than "a teet,
the SAID bay b-ing lidal bay, connected
with the Pacific Ocean through ;he
Golden Gate that the city OF San Fran
cisco contains more than 800, 700 inhabit-
ants and is constantly increasing;
that its commerce is increasing ana
needs additional facilities; that for more
than thirty years there has been in con-
slant use a public wharf or pier extending
from the foot oil Fillmore street into the
nayigable waters OF the bay to a point
where the water is II feet deep at high
tide.
This wharf is alleged to be necessary
for the uses ard purposes OF navigation,
and it is further averred that more than
So OOO. 600 worth OF merchandise is annu-
ailv shipped and received over the navi-
gable waters of the above-desc ribed tract
of land, and further that there is no other
place between the Presldio and Fort
Mason on the east side Of said tract where
such commerce can be advantageously or
at all carried on, and that If the waters
described be filed in said commerce Will
oe destroyed. and all those inhabitants
now using The advantages herein before
mentioned viii be Ceprived OF the same.
Tue com 3lant mentions the fact that
the defendants claim some estate in This
property and have been filling IN the slme
for several years; that they have estab-
lshed a private DOCK and have driven a
row of piles in irJnt OF the property, leav-
ing onIy a small gap 200 feet wide near
tie foot Of Devisadero street, and it is
only through this gap that boats may pass
in going from the ocean and bay to
the mainland al this point.
la view OF these facts the plaintiff asks
that the defendants be called on to show
what title they have 10 the property; tia
a Judgment of court re given deCreelng
that the title is in the State OF California,
and that all the obs Tuctions placed on
the property be ordered removed, or that
they be given into the possession of the
State of California; furthermore, that the
defendants be enjuined from iurtner in
cum berng or filling up the property men,
toned, and that particularly :hey be for
dden to close up the narrow space be-
tween the piles al the foot of Devlsa dero
street through which boats now pass.
In compliance with the prayer OF the
complaint Presiding Judge Seawell
granted an injunction, which will have
the effect OF stopping ali operations on the
ente:p iSe of filing in this land which
was commenced by the late Senator James
G. Fair and has been continued 10y the
managers of his estate up TO the present
time. Before Senator Fair died a similar
suit was instituted in the United States
District Court, but the injunction was
finally dismissed and Mr.. FAIR died in the
belief hat his title 10 this valua ble prop
ertv would never again be DISPUTED.