The San Francisco call., 1897-09-18

OAKLAND OFFICE SAN Francisco CALL
908 Broadway. Sept. IL. !
J. NJ. Bassett, ex.C;ty Councilman the
"Old Pard" Of mum berless communica-
tions TO the press. and who was at one
time in the secret council of the Southern
Pacific, has pronounced his opinion on
the Supreme Court decision regarding the
water front.
81 did not rush into print on this
OCCASION" said Mr.. Bassett, because !
wanted to know just what the decision
meant. l have carefully read it all
over, and am, think, able to speak in
telligently.
THE decision is more on the side of the
people than 1 anticipated" he said.
Since the boast of Mr.. Huntington that
he confidently relied on the judicial arm
for the protection of what he termed his
right, and the many decisions that would
seem TO imply that there was something
more than wind in his boast, have grown
distrustful of all courts when considering
issues in which the contest is between the
people and monopoly or trust or corpor-
alton.
This decision, however while a gooi
deal like the old method of divi ling prize
money-sfting it through ladder, giving
the officers what goes through and divId-
ing wha does not among the sailors and
marines-does give the people something
and cuts the expectations of the railroad
folks down probably one-halt or three
fourths. II does not do anything for the
city. whic gets nothing for the 100000 or
$70,C COO expended in the pro ecution of
SUIT hat never should have been COM
menced. / say never should because at
an early stage OF the suit brought bv the
railroad company against Doane, Dam
eron, Davie and myself We again and
again besought the City Council to inter
vene in our case, which could have been
done without costing the taxpayers a sim
gle 10-cent piece. The city should, and
had she been fairly dealt with would,
have been defendant with US in suit in
which we nonsuited the railroad COM
panv. But majority of the members of
the Council thought the railroad would
win and they fell over themselves to get
on the winning side.
"The State, though not party in the
case submitted in the Supreme Court,
really gets away with the prize. The rail-
road company is awarded the strip of land
between the ordinary high and low tide
| MARKS In some places this strip is 100
yards wide and In some places not over
| fifteen feet in width. Beyond tho low tide
| line the State takes possession. What the
railroad people will DO with this narrow
strip it will be difficult 10 determine. 1t
cannot build a wharf or reach deep water
without paying wharfage to the State.
The harbor line when the bulkheads will
be built is always and everywhere beyond
the railroad company's possessions. The
situation is precisely the same as in San
Francisco, with the exception that over
there the State sold for building purposes
what is here given to the railroad.
'There will be "a difference OF opinion
hA trrht
across the railroads all long and no wide
paIrimony. | believe that an investiga-
tion will show that all streets within the
city'S limit prior to 1868 were dedicated to
the low-tide limit. But this may not
prove to be as favorable 10 the city as
hope it will.
''In my judgment the decision should
have followed the lines OF the Chicago de-
cistou, ard if the case goes to the United
States Supreme Court l believe the State
will hold 10 the ordinary high-tide limit.
This is the opinion of Judges Henshaw
and Harrison. And to Judge Henshaw,
for his consistency, l want TO return
thanks AMI say that wipe out all men,
ory of the many jabs he gave us while
trying our case in the Superior Court.
THE decision of the Supreme Court
seems TO have been formulated with a
view 10 throwing every possible obstruc
tion in the way OF appeal As all con-
testants get slice of the pie-the city
getting the basin east of the outlet of Lake
Merritt-each will hesitate to appeal, be-
cause of fear of losing what they have.
The railroad people pre- end that they will
appeal. They won't do it, because they
know if this case ever goes TO the United
States Supreme Court the Chicago deci-
sion will be followed and they will lose
their wet and dry ribbon.
"Doane, Dameron, Davie and myself
have won out. If the State or the city had
found favor with the majority of the
court we would have been utterly routed.
The statute of limitations does not
run against the State or the city. 1t
does run against the railroad com.
pany, and we take its ribbon between
Webster and Alice streets by adverse DOS
session. We have filled in and bu.kheaded
the entire area, and both the high and
low tides are designated by our bulkhead.
AT the bulkhead, however, we meet the
State. and, like the railroad people, must
pay tribute if we SO to navigablc water.
IF there is no appeal from this decis on
it is good thing all around. The State
will doubtless go ahead and build bulk
heads and wharves. This will do much
for the city. The railroad will sell or
bandon its wet and dry ribbon portion of
it. 1t is too wet for railroading and
100 dry for steam boating. Individ-
ually and personally | am some
thing Hioic thah ohtiSHSu. bioukhe
about this struggle for the rights of the
people, and l have stayed with it from
start 10 finish. 1t has cost me consider
able sum of money and some years of
hard work. l never expect return OF my
money nor a dollar in the way OF com pen
sation for my time and labor. While
have done the State and the people some
service, have made it lively and expen-
sive for mine ancient enemy, Mr.. Hunt
ington. | promised him six years ago
that would beat him ont of the oakland
water front and Iflatter my self that have
redeemed my promise. OF what he was
about 10 bond Tor $40, 600 900, he now has
narrow strip between the devil and the
deep sea, half the time under water anu
the other half racing ground for sand
pipers."
Professionals Denounced.
p Z 2 K L EX Sart II Edi4cx