The San Francisco call., 1907-02-07
OAKLAND To GUARD
THE TIDE LANDS
People Watching for Next
Move Of Southern Pacific
to Hold the Water Front
CITY SEEKS CONTROL

Remembering the reverses of the last
ffty years in their attempts to regain
control of their water front, the people
of Oakland are apprehensive of the next
move OF the Southern Pacific. While
the title to the submerged lands 'front.'
ing on the harbOr and outside the low
tide line of 1852 has been determined
TO be vested In the State, Mayor Mott
and his counseIors are anxious TO find
some way 10 place the control of the
harbOr front in the hands of the city
of Oakland rather than in the State.
The ground on which this Is urged is
that the decision of the Circuit Court
of Appeals has given Oakland the right
TO build wbarves over the State tide
lands.
An attempt is being made to smother
any suggestion of the appointment of
State Harbor Commission to take
charge of the Oakland water front.
William r. Davis said yesterday that
the proper way to manage the Oakland
harbor was through the State. and that
the State had the clearer right in the
matter of building wharves in front of
the Carpenter grant lands. now for the
most part owned by the Southern Pa
cific. While this is acceded to be true
from a strictly legal standpoint, yet
those who are more versed in politics
Aidn III law are whispering IDdI In6Te
is an African in that particular wood
pile
Color is lent to their apprehensions
by the fact that the Southern Pacific
is making no moves to carry the case TO
the Federal Supreme Court. William
F. Herrin said last night:
we have not yet decided TO apply
for a writ of certiorari or to carry the
case TO the Supreme Court"
BATTLE AT SACRAMENTO
Those who are in the know claim
that the Hartman road sees that there
is no way through the courts left for
them to contest the States ownership
in these lands. They are planning to
stand aside and allow the appointment
of Harbor Commission with full pow
ers to manage the Oakland water front
This means that the old battle will be
transferred to the legislative halls at
Sacramento. and what the outcome will
be the Oakland people are now busy
imagining. The influence of the rail-
roads is not insignificant with the,
Legislature, as the past proves, and
the acts of a Harbor Commission to
which the Southern Pacific consented
might be interesting. The Western Pa
ciic is not without influence in Sacra-
mento. and il is doubted if the people
of Oakland would feel themselves
equally matched in the contest which
looms before them.
1t would be within the powers of such
a Harbor Commission to practically
safeguard the railroad in its present
position. With little amendment of
the law as il now stands it could give
to the Southern Pacific-or to the West
ern Pacific for that matter-the actual
ownership in fee of any or all of
these lands for such consideration as it
saw fit to exact. 1t might hold that the
Southern Pacific had already a vested
interest in these lands, in which it
ought not to be disturbed.
Altogether Herrin and his associates
view the Legislature at Sacramento as
a better forum for their case than the
Supreme Court at Washington could
possibly be, and by the same token the
Oaklanders are fighting shy.
CONTROL FOR OAKLAND
Mayor Mott had conference with the
Oakland City Attorney yesterday and
they determined TO call together all the
counsel who have formerly advised
the city in the water front cases. The
Mayor dscreetly said that some time
would be necessary to fully understand
the recent decision, but he emphatically
opposed the idea that the control of
the Oakland water front should be left
to legislative action.
So far as the decision has been
studied, Mayor Mott is of the opinion
that the city of Oakland is accorded
valuable right in the matter of wharf
ing out" that is to say, the right to
construct and maintain wharves which
should be in the exclusive control of
the city. This right, the Mayor be-
lieves, is of paramount Importance to
the city, and for this reason, he ex-
plains, he is not in favor of legislative
action at Sacramento at this time.
Ex-Governor Pardee also had seen
the writing on the wall, and his coun-