davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

belt around the city from the line OF low
tide to the ship channel, but it seems to
have been decided that the waterfront
company also has title to an immense
acreage of tide lands located between
streets"
Frank A. Leach. Superintendent OF the
San Francisco Mint, says the decision is
not just what was expected.
"Under the circum stances it may be the
best for the people, said he. 1t was
con fidently believed that the case was
iden,i cal with that in the Chicago deci-
sion and it was expected that the ruling
would be the same. AS it is, however,
the waterfront company is given valu-
able PROPERTY but it cannot get to deep
water without paying tolls to the State or
city.
1.-THE improvement of the real water
front by the State or city to make it avail
able for wharf purposes will tend to in
crease the value of the waterfront com
pany's holdings, as they are adjacent, but
despite this the people at large will get
the benefit OF The water front and it can
not be taken from them"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

binary low tide waterward to erect and main
tain all wharves, docks, slips and other i'm
proveme nts which C mmelce and the public
convenience may require, thus protecting The
actual navigable water front under public
control, through Board of Harbor Commis-
sioners or otherwise, as the Legislature may
direct.
This takes from the waterfront company
nine tenths OF all it has claimed the right 10
control exclusively, and restores TO the public
and TO public legislative control all the area
between what was commonly called ship
channel in the bay and estuary landward to
the edge of the mud flats The result OF the
whole decision is: FirSt-Water front means
tide lands only; mud fats, nothing contin-
uaily covered by waters in the. bay or
estuary; second-all that is covered contin-
ually by tide water is sill under the direct
control of the State, and was not granted TO
the town by the state under the grant OF 1852,
running to "Ship Channel"
Thlrd-The city holds what 1t obtained at
the foot of franklin street under the comprc-
mise OF 1868, has the rights OF free access
wherever there weres pubic streets OF places
at that time, and the right to condemn such
other streets and places of access as 1t may
determine upon.
Fourth-The private claim of Carpenter, the
waterfront company and all parties claiming
under it ends, going waterward at the line OF
ordinary low tide.
Ex-Mayor J. L. Davie said:
Not having read the decision, am not CON
petent to give an expression OF opinion upon
it. If the facts are rs stated, that the title TO
the property Is vested In Inc STATE, lnat con-
forms to the contention that | have made
since the very earliest inception OF the coz
test. EARLY in the history of the case l went
before the City Council and asked them 10
intervene in ny suit, which could have been
done without any expense 10 the city al That
time, as the courts decided In my favor.
THE Council, however, saw fit 10 eXpend
nearly 100000 in prosecuting a suit that
according 10 the decision rendered to-day Is
money absolutely wasted. 1t is 10 be hoped
that the title to this properly may be perma-
mently settled, that this generation may
realize some of the benefits that should have
been realized years ago from one OF the finest
harbors the world has ever seen.
City Auditor r. w. Snow saws:
II have been skinned alive by every
City Council since 1890 for assessing eacn
year the property in dispute; but it has
nevertheless been assessed every year and
has never been stricken from the roll.
This has not been b cause [ have sup
posed the court would decide that the
waterfront company owned all OF the
property, but l have held that the COM
pany would be found to own large por-
ton Of it. If the city ever had title
from the State it was given away. l am
we'll satisfied to have the State own the
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

and Council, and in the absence OF fraud their
judgment Is conclusive.
The conclusion, l think. necessarily follows
that from and after the I'd day OF April 1868.
the city of Oakland ceased to be the owner as
trustee otherwise, OF any portion OF her
water front except those portions secured to
her by the compromise of hat date. and such
streets, tnoroughfares and other parcels as
may have been previously dedicated to public
AS 10 ali such places, the transfer to the
Waterfront Company and its assigns was SUBJ
ject 10 the public easement, and the city as
trustee for the public is, no doubt, entitled TO
a decree in this action defining her right of
ntrol over the lands so dedicated.
With respect to such streets and public
places, the various eonsent-decrees relied upon
by defendant constitute no estoppel, and the
statu te of limitations does not apply.
1t results from what has been said that the
judgment in both appeals and the order deny
ing a new trial must be reversed and the cause
re IN ended for further proceedings, in accord
ance with the views herein expressed 1t is
accordingly so ordered.
Justices Mcfarland and Garoutte filed
Justice Harrison filed dissenting opin-
ion, which was concurred in By Justice
Henshaw. The former, after arguing at
length against the power OF the Legisla-
ture TO ALLEVIATE tide lands in bulk, drew
the following conclusion:
We hold, therefore, that by the act of 1852
the Legislator re did not confer upon the town
It's limits then lying below the line OF nigh
tide or the right to dispose of the same as an
entirety or by single grant, and that the or
dinance passed by the town granting the said
lands 10 Carpenter, as we'll the conveyance
executed TO him by Msrier. In pursuance
thereof, were invalid to vest in Carpenter any
title 10 said lands or any part thereof. The
Legislature could not give u the town OF Oak
land any greater power to ALLEVIATE or dispose
of these lands than WAS possessed by itself,
and the grant by the town TO Carpenter must
be regarded taken by him with full notice
of the limitations upon the power of the
agislature, and with the same effect as ii 1t
been made directly to him by the Legislature
itself in the terms OF the act
At the same time an opinion was handed
down in the case of The People of the S ate
of California VS.. Oakland Waterfront
Company, the City OF Oakland, ct al.
THIS was an action to determine adverse
clai ms to the same property mentioned in
the foregoing decision, 1t was instituted
by Attorney General Fitzgerald. The
lower court rendered decision in favor OF
the defendants on demurrer alleging that
no cause of action was stated in the COM
plant. The judgment OF the Superior
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
HOW 1T WAS RECEIVED.
oakland Experts Give Their
Opinions Of the De-
CiSiOn

OAKLAND, CAL, Sept. 19.-Dr. G. C..
Pardee, who was Mayor at the time the
water front suit was brought, says:
After forty-fve years of litigation the own
ership of our water front is, thank God, at
last settled This is the first suit of the many
instituted by the city that the railroad COM
pany has allowed TO come to 4 final judgment
upon its merits. All other suits were either
dismissed under circumstances that called
down upon the city officials dismissing them
the sus picious of their fellow-citizens or the
issues were SO bee GUIDED that they were los t
sight o..
The very uncertainty that has for all these
wears enveloped the ownership of our water
front has retarded our growth aid Kept us
from attaining the Importance as a CONNER
cial city to which our natural environments
entitle US. All this uncertainty is now swept
away, and the city can go onward, freed from
the uncertainty Of the ownership of the water
front The railroad company now has no ex-
cuse TO mingle in our city politics, control our
conventions and own our City Councils,
which, since 1868 it has thought it necessary
to do in order o keep the city from bringing
to final issue III the court of the last resort
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
JUDGE REIMER INDIGNANT.

He Says the Harmonic Society Did Not
Put Up Joke.
Judge Reimer is indignant at the state
ment that the mem bers of the Harmonic
Society sought to play joke in reporting
that gold had been found in the bed of
Paper-mill Greek. He speaks of the
quartz. mining operations of the Golden
Crown and Milling Company in the lodges
of the range near Bolinas Bay. He holds
tnat it is quite reasonable that the free
gold from the quartz lodges is being
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
ADJUSTMENTS.


BALDWIN THEATER.-"A Fool o. Fortue"
COLUMBIA IHEATER-"The Twelve Tempta-
tons
MoRosco's OrERA-HoUsE-- The Engineer
A1cAzAR 1Hr.r-rR- The First BorA" and
IAN Am rican Girl"
TIvoLI OPERA HOUSE Faust
ORrfIEUM.- Glass Na""evIIe
CAIIroRNIA THEATER.- Men and Women"
OBERoN.-Grand Concert
sUTRo BATHs.-B Bathing and Performance4
The CH1-TEs AND CHUTEs FREE THEArER-
Great Vaudeville Company every afternoon and
evening.
MEcHANICs' ACKNOWLEDGEMENTS Fair now
ODer
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

Last Saturday night Live Oak Cir Gle, Com
panions of the Forest, +. o. A., gave a social in
Soci al Hall OF the Alcazar, which proved 10 be
most enjoyable affair. 1t was conducted
und er the management of the committee, con-
sisting of Mrs. Wesser, chairman; Mrs. c..
Hasted, floor manager; Mrs. Steinweg, Mrs.
Pomeroy, Mrs. Grundell and Messrs. Farrell,
Logan and Camp.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
The Ethics of Socialism.

Theodore Lynch will lecture before the Karl
Marx Club and Jewish branch of the Socialist
Labor party at its msss-meeting tonight at
90515 Fois ON street. His subjec. will be "The
E hics OF Socialism" Mr.. Lynch is an active
member of the Union Reform League, lately
organized by Rev. W. D. P. Bliss for the propa-
galion OF "Christisn Socialism,
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

VISITORS to the city should not fail to inspect
5. & G. Gump's gallery of paintings and different
departments OF art goods, pictures, crockery and
glass ware.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
MECHANICS FAIR.
The German Singing Societies Out in
Large Numbers Last Night.

The German Singing Societies Out in
Large Numbers Last Night.
The German singing societies furnished
the principal part OF the entertainment at
the Mechanics Fair last night and the re-
suit was a large attendance. The pro-
sramme of m u sic furn ished EN- braced the
choicest numbers from well-known Ger
man composers. Professor H. Riegger led
the choruses and each NUM- Der was en-
Enthusiastically encored.
The California Pioneers assembled in
the City Hall dome last night and headed
by the exposition band marched 10 the
Pavilion.
Ireland will be represented at the fair
tonight by her fair sons and daughters,
and one of the finest programmes yet or
fered will be presented. Professor J. w.
Mckenzie will lead chorus of several
hundred voices, and the music will be
taken from the most favorite Irish COM
posers. A long list of vice. presidents has
been selected. Chairman I. +. Barry
will manage the affair.
The programme OF music for this after
noon and evening will be as follows:
AFTERNOON.
Overture, Franz Schubert" ..Suppe
Dance, "Cossque' 80. ...... 1890. :. Eg ghard
Selection, ..Yeoman OF the Guard" ...... Sullivan
II hungarian Rhapsode TO- 3...... ............ Liszt
Patrol "Ihe Drummeis" ........--....... $50. Reeves
song of Tosti -...... kappay
Solo for cornet.
W. Il. Rogers.
Waltz, ''Love's Confession. Wadteufel
Rainbow Dance .Rosey
March, spark sounds. II orst
EVENING
Overture, bohemian Gir' Bale
sketch, ''An irish Wedding Du nd
Fantasia "HiberDfan Bouquet". ........... Kappey
Selections, "The Cheftain" ............ ) uivan
Songs Of ireland g odfre;
SiAOA
McKenzie's Choral Society.
Cornet solo, "Harp of Tara. r ogers
Jig. "St. TatrIcks Day. observation-disclosures Benedict
March, 'Handicap" .Rosey
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

A. O. LINDSTRoM. medical gymuast, osteo-
pathic and massage trea tment. Ais Suffer st*
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

u o h capital
al former towing
three s aph p u yeast O putin pc
zee Ia
mi ~ e ~
stand nearly he
dh h Pu
h phd o sway
hW in yI earl
H Their i'm have y
, 1897-11-19
BLACK LIST ILLEGAL.
HEAVY DAMAGES AWARDED FRED
r FETCHAM, WHO WAS A
NORTHWESTERN MAN.
After Losing His Place as Conductor
on That Line He Ayers That He
Was Followed and Kept From OBJ
tanning Employment in Other Sec
tions of the Country.

Chicago. Nov. IS.-Fred r. ke' cham
was awarded o verdict of sci, G6G.33 by
the jury in Judge Clifford's court today
in his suit against the Northwestern
railroad for So, 900 damages for black
list.
The case of Ketcham against the
Northwestern company has been on
trial for nearly three weeks. and has
been of great interest to men employed
in the railroad business.
During the great strike of the Ameri-
can Railway union Ketcham was en-
ployed as a conductor for the North
western road. He Joined the strikers
and the evidence showed that he at
tended some of the meetings in the in
ketcham claims he has been unable to
obtain steady employ ment. owing to the
fact hal he was blacklisted. He OBJ
tanned several positions with other
roads, but after working a short time
was discharged, he alleged, without
cause. Not long ago ketcham secured
employment with the Michigan Cen,
trail Elevator company at K~ensinctOn.
and moved his family to that suburb.
He worked a short time there and was
discharged.
The trial throughout was a hotly con-
tested one on both sides ard several in
teresting incidents occurred. Once.
during the trial. Judge Clifford was
asked to issue bench warrants for the
arrest of T. A Lawson. superintend-
ent Of the Wisconsin division of the
Northwestern road, and E. z. Osborne.
an attorney.
1t was represented to the court by the
plaintiffs attorney that Lawson and
Osborne, and possibly other officials of
the road had attempted to induce An
drew Stader, who had been subpoenaed
for the plaintiff. to leave the city for
the purpose of avoiding the
Of the court.
Judge Clifford at the time refused the
request. and the matter is still rend-
ing as his honor said he would insti-
tlte an investigation after the case was
sent to the jury. Many witnesses for
both sides were heard during the trial.
and at each session of the court the
roo was crowded with men who
claimed to have been deprived of work
In the same n as the plaintiff.
The case will probably be appealed.
, 1897-11-19

If Oscar Wilde 5 assumption were tc
be taken seriously. that all fiction is w.
ing. it might account for. much that
"atflicts readers, since the lack of morale
affects Il t intellect, and what is done
without cUnscir nee is apt t. be done
badly. ( curse all fiction is not lying.
as all killing is not murder, but it is p
sad fact Il II many writer's Of novels
and short tories seem to have left their
conscicncc> and much of their brains
behind when they go forth to work-as
if these hvl ngings might safely remain
in secluSiuT. with the dress coat and
the whit, te, to be brought out only
for especial occasions. Artenlus Ward
once remarked that he had a giant mind,
but did not have 1t with him, and that
or tl.c iat.,r half of it, is apt to be the
case with AZ Of us when we are care.
less. True, even good Homer sometimes
nodded, but this affords no example fo1
Us who are not Homers. To come to our
tasks otherwise than with all our wit.
about Us and invite public attention tc
the chance ''oozings Of our brains is
as if one should issue from his apart.
ments unshorn and half clad or ente
upon the busy haunts of men withor,
money III his pocket. Frederic NJ. Birc
i'll Lippincn;t
, 1897-11-19
A TELEPHONE TIP.

New York. Nov. 1S.-The Journal
and Advertiser says that ]. E. McMur-
ran, formiy Of st. Paul. Mimi, has filed
a suit for 100000 damages against Ed,
win Barbour. formerly of Virginia, and
now a Wall street broker. It is alleged
that McMurran arranged with Barbour
that in return for advance Information
Of the supreme courts decision in the
Bell Telephone case. last May. Barbour
would buy or sell 1000 shares Of Bell
telephone stock in the event of a profit,
give McMurran two-thirds and retain
one-third for himself. McMurran al
leges that on May 8. 1897, he gave Mr..
Barbour the promised Information,
which he said he obtained from one Of
the clerks OF the supreme court. On
May 10 the decision was handed down,
and Bell Telephone stock went up.
Barbour. McMurran alleges, refused to
pay for the tip" saying he did not use
it. Hence the suit. James r. Keene,
McMurran says, got the same tip and
paid him $4,000 for it.
, 1897-11-19

Der Of valuable race horses that were
being taken to New Orleans for the
races there. were burned up on board
the boat.
Flames were discovered shortly be-
fore 9 o'clock in the engine DON and
spread rapidly. soon enveloping the
whole boat The passengers and crew
got ashore safely, not n of them being
injured in the least. They were unable
to save any baggage. however. Capt.
Corners and Clerk Cate did all they
could to get the passengers u OF
harms way. and though there was a
rush for the gang plank a panic was
averted. Most of the passengers were
yellow fever refugees who were return>
ing to their homes from St. Louis.
When the flames reached the powder
magazine there was a tremendous ex-
plosion. which shattered the boat. and
caused 1t to sink to the bottom Of the
river. Numerous window panes in
buildings On shore were broken and
the town of Chester was badly shaken.
HANNA ALL RIGHT.
, 1897-11-19
COLORADO GETTING BACK
The President Of the Denver and Rio
Grande Talks of Better Times.

New York. Nov. 1S.-E. r. Jeffrey.
president of the Denver and Rio
Grande railroad, who is in the city,
said today that he thought Colorado
was outstripping all other states in
getting back to those industrial con
ditions which existed prior to 1893.
Revival" he said, has reached all
lines of production. Everywhere in the
state there are abundant evidences of
activity and prosperity. The gold pro-
duction of the state this year will be
SIS. 900 900, an increase of s.. 900, 900
over the amount mined in 1896, and
much than the gold output of any
other state.
"One important development in the
industrial progress of the state is the
rebuilding of the plant of the Colorado
Fuel and Iron company. With this
completed the company will reduce the
cost of rolling rails to approximately
the basis of the Chicago and Pittsburg
mills, and will be enabled to actively
compete for the western steel rail bust
ness. The company is now accumulat-
ing ore, and will have its furnaces in
blast by May l."
, 1897-11-19
HANDY WITH A GUN.
Kansas Cattle Thief Holds Up and Dis
arms Three Oficers.

Emopria, Kan, Nov. 1S.-A deputy
sheriff, a Santa Fee detective and a po-
liceman. while attempting to arrest a
cattle thief in this city, last night. were
all three disarmed by the single man,
who escaped.
Sheriff Gaughan had received a tele-
gram asking that a man named Kooken
be arrested. Deputy Sheriff Fred Wag-
ner. Santa Fee Detective Laws and Po-
liceman Al Randolph went to the post
ofHce and placed Kooken under arrest
while the latter was reading a letter.
"All right" said Kooken. "IIl go
with you in a minute" and commenc-
ed placing his letter in his pocket. Like
. flash he pulled out a revolver In each
hand, showed one into the face of Wag-
ner and cody said: Cough up your
gun" and in the same breath covered
the other two officers. In almost 4 mo-
mont the three men we're disarmed.
Showing the pistols into his overcoat
pockets he rushed for the door and dis
appeared. A posse Of deputy sherifs
and the entire police force are now out
hunting him.
, 1897-11-19
BAD RAIL WRECK.
THREE CARS GO OVER AN EN-.
BANKMENT, AND ONE
GETS DOUSED.
Cars Catch Fire But the Passengers
are Rescued Before ANY are Killed
Many are Wounded-The Cause of
the Accident Has Not Been Ascer-
tained-Relief 1t Hand.

Kansas City, Nov. 18.-Train No. 2.
on the Kansas City, Fort Scott and
Memphis which left Birmingham last
evening for Kansas City. was derailed
just west Of Willford. Ark. at 3 o'clock
this morning. The combination coach.
chair a and sleeper went over the
bank, the combination car going into
Spring river.
One passenger was fatally injured
and % others more or less seriously
hurt
No. 2 is a fast through train from the
south. Between Willford and Hardy
the Memphis tracks parallel the Spring
river, a little stream running out Of
Mammoth springs The train was COM
posed of an engine. mail and express
car, baggage car. combination coach.
chair car and sleeper. The combination
car has a partition In the middle. one
end being used as a smoker and the
other end for colored passengers.
When near Willford the engineer
felt the train leap forward and found
that it had parted between the two day
coaches. The last three cars bumped
over the ties. the chair car and sleeper
turning over on their sides and the
combination car finally going into the
river The most intense confusion pre-.
vailed The engineer backed up the
front part of the train and the work Of
rescue was Immediately begun
The terror of the passengers who had
gone down into the stream with the
combination car was soon heightened
by cries of alarm from the chair car and
sleeper. both Of which o took fire.
The intense darkness added to the on
fusion, and 1t wcs some time before an
organized effort at rescue was put into
effect by the train crew and those Of the
passengers who had been able to extri.
cate themselves without aid. The pas
sengers in the burning cars were lucki-
ly rescued before the fire had reached
it's height and but few in those cars
were injured. 1t soon became apparent
that the chair car and sleeper could not
be saved and all efforts were put forth
to save unfortunate passengers Of the
combination car in the stream. Screams
and cries for help we're heard on all
sides and because of the darkness res.
cue was dificult.
AS the flames from the burning cars
became brighter the rescuers we're en-
abled to work to better advantage.
Luckily not a person was drowned and
1t was not long before all had been &C.
counted for and were being cared for
as best possible.
A telegram to Thayer. Mo-, 20 miles
distant, brought a relief train in an
hour or 30. and the injured we're taken
to that city and placed in a hospital.
Shortly before noon today Chief Sur
geon Pettijohn OF the Memphis road
and Claim Agent Crater left Kansas
City for Thayer and will bring the in
jured to this city.
The cause OF the accident has not
been ascertained. but 1t is thought some
portion of the forward truck Of the
smoker gave way. This will not be
known positively till the truck. which
Is In the river. has been recovered.
, 1897-11-19
TURKEY WEAKENS.
And Humbly Submits to the Demands
of Austria.

Constantinople. Nov. 1S.-It was not
until after midnight last night that
the Austrian ambassador here. Baron
de Calico, received Il note from the
Turkish government announcing a
readiness to make a satisfactory settle
ment OF all the Austrian demands re-
garding the m~altreatment of Herr
Braz2afclli, the agent of the Austrian
Lloyd Steamship company at Marsina.
respecting the insults offered to the
Austrian consul at that place. and on
tn" subject of arrears due the Oriental
Railroad company. which is operated
by Austrians. for transporting Turkish
troops during the recent war between
Turkey and Greece.
Consequently an indemnity will be
paid Herr BraZzafelli, the Austrian flag
will be salutcd by a Turkish fort or
wnrship. and the sum of 81. $50. 600 will
be paid the Oriental Railroad compan.
IN ~, =, =,