Los Angeles herald., 1906-01-08
ARMED MEN ARE
GUARDING TRACK
RAILROAD FIGHT BECOMES
STRENUOUS
s. p. Obtains Injunction Restraining
Western Pacific From Further
Construction Work on Dis
puted Piece of Land
BY Associated Press.

SAN FRANCISCO, Jan. 7.-Armed
guards, injunction proceedings and con-
demnation suit have been introduced
into the controversy between the
Western Pacific and Southern Pacific
railways over the plan of the Western
Pacific to place its terminus on the
Oakland side of San Francisco bay, be-
tween the Southern Pacific's broad
gauge and narrow gauge moles.
The Western Pacific has laid mile
of preliminary track on a strip Of re-
claimed tide land, the title to which is
@ matter of controversy between the
state and the Southern Pacific. This
unexpected move gave the Western
Pacific possession of the fill. The
Western Pacific next went into the STU
perior court of Alameda county and
asked TO have condemned a strip of
land running across lands owned by
the Southern Pacific. The Southern
Pacific followed this by obtaining a
temporary injunction restraining the
Western Pacific from further track
laying operations. A hearing on all the
suits was set for January IL.
Pendi g the hearing the Western
Pacific has placed seven armed guards
on the strip of filled land to protect it's
temporary track.
Governor Pardee, who visited the
ground yesterday, said afterward
1.-THE Southern Pacific has title to
all of the land in the area in question
lying between the high and low water
tide lines, or in other words all of the
tide lands uncovered by low water.
Outside of the low tide line begins the
title of the state. The Southern Pacific
has been accused of a scheme to take
possession of those lands in which the
title rests with the state. and it was
for the purpose of determining just
what plans the Southern Pacific has in
this connection that 1 asked General
Manager Calvin and General Superin-
tendent Palmer OF the Southern Pacific
to accompany me across the bay. They
took with them maps of the lands in
question and they showed me just what
the company proposes to do.
Just how The interests of the state
can be affected by these operations /
am not quite clear. If the company
encroaches on the lands lying outside
of the low tide line, which land belongs
to the state, i cannot see any remedy
for the situation under the existing con-
dition of our laws, nor for that matter
any need for any remedy.
''At the present time there is no
authority now existing under the state
government by which these state lands
can be made to return the state any
revenue. No official of the state gov
ernment has any authority to lease
them. l have asked the last two legis-
latures TO enact some laws to cover
ehiS case, but no Legislative action was
taken. AS view the case, no harm can
come of the improvement of the lands
in question by the Southern Pacific
company if the improvements are de-
sired as public utility for the public
use. The courts took this very view in
the Lake Michigan cases.
$50, as matters stand, l cannot see
any need for any interference from the
governors office, especially at this time.
The states interests, apparently, are
not suffering at the present time. The
Southern Pacific company has not un-
dertaken any operations on any lands
belonging to the state thus far.
Later on, should there arise any
will give the matter my further atten-
tion. Whether there will be any occa-
sion fof taking any action before the
next session of the Legislature l am not
prepared to say
After this had been done the situa-
tion was further complicated by the
American Dredging company which has
a contract under the federal govern
lnent to dredge Oakland channel, taking
ha nf Ia t,,.c IL n
guard where the Western Pacific was
forced to leave off. A large number of
men were put to work today. All out
siders were excluded from the ground.
No injunction had been obtained
against the American Dredging COM
pany. AS it has government contract,
it is thought that it can be enjoined
only by the federal court.
1t is generally believed that the
American Dredging company is working
in the interest of the Western Pacific.
The dredging company took the
dredging contract from the government
at the lowest rate at which the govern
ment has ever had dredging work done
in the harbor, 101a cents cubic yard.
Before the American Dredging com
pany started in on it's contract the
Western Pacific was planning to build
a pier out into the bay along the north
training wall, and it wanted the ground
filled in so that, with some further
filing, to be undertaken later, it would
have a mole similar to that of the
Southern Pacific. And 1t was only by
means of its deal with the Western
Pacific by which it was guaranteed Is
cents a cubic yard for all material
dredged that the dredging company
was able to make such a low bid for
the government work and secure the
contract.
Col Huer of the United States en-
glneerng corps said tonight:
"I spent three hours today at the
scene of the operations that are caus-
ing so much excitement, being impelled
10 go over there by the report that
the Southern Pacific had failed to re-
pair the cut it was alleged to have
made in the government training wall.
/ found that the statement that it
made such cut was false. 1t had not
touched the training wall nc ALL but
had merely built a trestle up to It, 1t
would have had no right to make any
cut and had II done so / would have
ordered the wall restored at once.
al was greatly turpuseu All some-
Iaing else found sthera though, and
Ilat was that the Western pacinc had