The San Francisco call., 1906-03-25
GOULD LINE
PLAYS A NEW
LEGAL TRUMP
Sues to Condemn
a Way for It's
Terminal.
Alameda County Supe-
rior Court to Pass on
the Question.
Decision Will Be in Hands of
a Jury and Attorneys
Are Sanguine.

| OAKLAND, March 24.-The Western Pa
cific Railway Company has determined to
fight for the strip of land along the north
training wall Of the Oakland estuary,
upon which it has located a temporary
track and which 1t purposes to use for ter
minal facilities of the Gould transconti-
mental line, now being built from Ogden
to this city. Following the decision rem
dered by Judge w. W. Morrow in the
Federal court few days ago, in which he
held that the Southern Pacific was the
owner of the tide land between the Oak
land mole and the estuary. the Western
Pacific Railway this afternoon filed con-
demnation proceedings against the South
ern Pacific Company and the State Of
California with d view to condemn the
entire strip OF land over when the Gould
and Hartman forces have been fighting
for weeks past.
While the Western Pacific Company at
torneys have expressed their intention of
appealing from the decision of Judge Nor
row, the new action shows that the West
ern Pacific will not risk Its entire cause
upon the issues already before the courts,
but. II necessary, Will pay for all the land
1t desires at a cost to be fixed by the
courts. 1t has evidently determined upon
tiAto StAtp VI tilld DIS d site LOT It's Ter
mtnal and proposes to get it If there is
any process known to the courts to obtain
possession of It. The State of California
has been made defendant to the action,
as the States right, confirmed by Judge
Morrow in his decision, is recognized to
the land outside the United States bulk
head line.
WILL ALSO PRESS APPEAL.
The new action has been ASSIGNED to
Judge w. H. Waste in department one of
the Superior Court of this county, and
these important issues, together with the
condemnation proceedings begun some
time ago to condemn a 100-foot strip
across the PeraIta street yards, which
have been awaiting the termination of the
proceedings before the Federal courts, will
now in all probability be pushed to a con-
clusion here. At the same time the fight
against the decision Of Judge Morrow will
be carried on through the higher courts
across the bay.
The complaint in the new action sets
forth the fact that the land sought to be
condemned has never heretofore been nut
to any use; that the land is now needed
by the Western Pacific Railway for ter
minal facilities; that the line of the West
ern Pacific Railway has been surveyed
and is now in course of construction. and
the Oakland City Council to run its tracks
over this property, and if,it is allowed to
purchase this property 1T will be of great
public benefit.
In addition to the 1O00-foot strip of land
running parallel to the north training wall
of the Oakland estuary out as far as the
narrow gauge mole. the condemnation suit
asks for a triangular piece of land abut-
ting the strip at its connection with the
til, MT r,Jn -
to give room for the tracks as they pro-
ceed across the Peralta street yards of
the Southern Pacific Company
PLEADING IS ADROIT.
After giving general description of the
land sued for as whole, it is divided into
three subdivisions. Subdivision one refers
to the triangular piece Of land already de-
scribed. Subdivision two refers to a por-
ton of land extending from the line of
low tide as 1t existed ON May T. 1852, to the
United States bulkhead line. while SUBJ
division three refers to that portion of the
land extending from the United States
bulkhead line out to the end of the strip
sought to be condemned.
The low tide line as 1t existed on Nav 4.
1852, and which it was alleged by the
Western Pacific Company marked the
termination of the possessions of the
Southern Pacific Company. is reproduced
on the map. made part of the present ac-
ton and is also referred to in the com
plaint The former contention is not aban-
doned in the present action, but the State
of California and the railway are both
made defendants in such a way as to COW
er the title to subdivision two, which re-
fers particularly to that portion of the
land between the old tide line and the
United States bulkhead line, and which
the Western Pacific Company has claimed
belongs to the State of California. This
precaution is evidently taken with a view
to the possibility of a reversal of Judge |
Morrow's decision, in which event the re-
suit of the present action would not be |
disturbed.
There is no controversy over the owner |
ship by the State to the portion of land /
extending from the United States bulk
head line out to the pier head The main
contention arises over the land that has
been made by tidal actions since 1852. and /
which the Southern Pacific has claimed
belongs to 1t and which contention has
been confirmed by Judge Morrow.
G. s. Mcdonald. right of way agent for
the Western Pacific. has settled with
Mas Suders, Daniel Inman. John Fouder
and c. M. Montgomery for the right of
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