The San Francisco call., 1898-10-19

land as to its water front? In most eX- cellent condition. Assuming that no streets had been extended across this strip between high and low tide and that that strip Is to be viewed as private prop ertyy there Is no difficulty about the city s condemning and opening as many streets across this tideland strip as 1t may need from time to time. That is the eXtremest hardship the city can undergo-really, no hardship at all. This would bring traffic rom upland down to lowtide line, beyond which all WharVeS, docks, piers and land Ing places must or necessity be located and all this frontage at the end of streets and between them Is now adjudged to be state property, the same as the water 1 Is exercising full power.
 "Oakland's real water frontage, where vessels land Is therefore under the abso- lute control of the State and within the easy reach of the city by projecting its streets wherever necessary to that ship ping frontage.
 ''The condemnation damages will never be excessive, as they must be determined by jury of the county, who would award damages according tQ the actual not according to the shipping frontage which belongs to the State.
 The foregoing .supposes the city to be in the position Of having to condemn lands at the foot of all streets, but such Is not the case. The Supreme Courts decision decided that wherever streets were opened the compromise) the city still had the right without compensation or condemna- ton to proceed with the use of all such streets out to the line of State control, which Is lowtide line.
 There are many such streets" con- tnued MT. Davis, and upon the present retrlaI Of the cause testimony has been taken for several weeks showing the stat us and use of all the streets ending at Oakland, on April l, 1868. The evidence as to these thoroughfares Is voluminous and will probably occupy the court an- other month.
 ''The exact situation, in a few words, IS this: The Supreme Court awards to the Water Front Company under the
 'First-Nothing in the basin east of that branch of the estuary which turns up into Lake Merritt.
 ''Second.-Nothing in the bed of the es- tuary of San Antonio except the narrow strip on its north shore lying between ordinary high and low tide.
 'Ihird-Nothing in front of the city of "Foqrth-Nothing in the bay westward from f.EE ..S low tide tide line off West Oakland. West Oakland to low tide line.
 Sixth-The Supreme Court of the Unit ed ed States awards to the public of the waters in the basin. in the estuary, in front Of Alameda and in front of Oak land waterward from low tide line, This gives public control of every wharf dock. slip or pier ever to be used in developing the commerce of the east side of the bay and the city of Oakland.
 50 there IS plenty of room for build ing of ferries and all the docking faclli- ties required for a great city.
 The hoodoo number 13 evidently had something to do with the settlement of this famous case by which the State re- covered it's property and the city of Oak land gained access to the commerce of the Pacific" said MT. Davis, with laugh. Carpentier's famous grab of the water frontage was made thirteen days after the incorporation of the town of Oakland. In trying to maintain his hold ings of the property there were thirtaen suits each of which invalidated the eff feots of the preceding action. During the final, trial we. put in evidence 1900 900 people annually passed over this water frontage, and I believe there were thir teen attorneys and Judges engaged in the wind-up of the action"