The San Francisco call., 1907-02-06
Oakland Victor in
Battle OF Decades

of the State, for ii cannot be alienateo-
This applies to the lands under the
water of the bay from the low tide line
of 1852 outward.
AFTER FIGHT OF DECADES
The railroad ceases, IN fact, TO be an
owner Of one inch of land on deep
water. For not alone is the low tide
line of 1852 landward of the present
line OF navigable water, due to accre-
tions which have moved the shore line
hayward but it is within the power of
the people 10 establish 8 water front
line outside and hayward OF the rail-
roads holdings.
The city Of Oakland is exactly in the
same position as was the city Of San
Francisco when the red line" was es-
tablished. out TO which the tide lands
were filled and the water lots" be-
came interior and upland holdings. Al
ready steps are being taken to draw
the red line" around the Oakland
water front and TO establish harbor
line outside the holdings for which
the Hartman road has contended TO
the last ditch.
Tt took some time for the men in
Oakland who have fought for decades
for these rights TO realize that il had
all been given TO them by one decision;
that il was not alone true that the
Southern Pacific had been restrained
from preventing the access of rival
to deep water, but that the whole
eleven miles OF city front had been re-
stored TO the people.
RIGHT VESTED IN STATE
In the decision the Judges not only
limit the holdings acquired under the
grants TO Carpenter. and the Merritt
compromise, TO the low tide line OF the
day OF the original grant in 1852, but
he hn1
OF that land the right to accretions,
however made, and the exclusive right
to wharf out from their property TO
deep water. That right is vested in
the State alone and cannot be alien
sted.
1t follows that the long wharf. the
Alameda mole and the Key Route
pier are all OF them on State property,
and can be controlled by the State in
exactly the same manner in which the
wharves on the San Francisco side of
the bay are now controlled In this
connection il seems, sin gularly
enough. that the Western Pacific has
rather q better right TO the partially
filled land along the north training
wall of the estuary than its rival has
10 the wharVes IT has used for years
For in the decision the Judges say
that the Southern Pacific has not ac-
ouired the right TO wharf out under
the general statute of California pro-
viding for the exercise of that right"
The reference is to the provision for
acquiring the right. without property
interest, TO build a wharf over the
State land which is to be had from
the board Of county Supervisors. This
fOrmality has alone been observed by
the Western Pacific But even this line
does not and cannot own the land on
which its terminal will be constructed
STATES SOLE CONTROL
1t has been at times enormously
presumed" Attorney Davis said yes
terday. that the Federal Government
had the right to give wharf privileges
over State land This opinion arises
from the fact that the United States
has established lines beyond which in
the Interests Of commerce and naviga-
ton IL will not permit fills and piers.
But the Federal Government can only
say what shall not be done; it cannot
give any rights"
In this connection it IS known that
the Wsy Department will reply to the
contention which lately arose between
the two roads over the attempt of the
Southern Pacific 10 encroach on land
between the mole and the training wall,
which was claimed by the Western
Pacific, that it had no right to deter
In the past ships have at times gone
10 the long wharf IN Oakland TO dis
charge there and evade the payment
Of toll TO the State Of cents a ton
which would have to be met on the
San Francisco side. The railroad has
taken to itself the benefit of it's false
position. but that is one of the abuses
which are ended by this sweeping de.
cision Of the Circuit Court. The State
will h1un he rfOh4 RI r01laCt foil
on both sides of the bay
Whatever is done, we must do moth
ing In haste" was the comment of ex-
Governor Pardee last night. I'VE have
made mistakes enough in the past It
will take some time to digest this
decision and realize the rights which
have been restored by ii to the people.
Doubtless we will have to put the
Oakland harbor under the management
of q State Harbor Commission. 1t was
no hasty thought of Councilman Burns
when he proposed that matter at the
council meeting last night He had
asked me to include ii in my call for
the special session of the Legislature.
But we can afford to go slowly"
HISTORY OF LITIGATION
Encouraged by the breaking of the
old bonds the Oakland people intend to
90 further and vigorously contest the
ownership OF the Southern Pacific to
the strip of tide lands between the low
tide line Of 1852 and the shore line.
Both Pardee and Davis admitted yester-
day that such was the intention, but
they both asserted that the ownership
Of these lands was a small thing com
pared TO the rights Of the. State out
side and in front Of them, which ef-
fectively cut the railroad of from the
monopoly Of the harbor. Davis said
that the suit Of the city of Oakland
against the Oakland Water Front Com
pany. which is at present in the Su-
perior Court Of Alameda County, would
eventually go to the Supreme Court of
the State, and that an attempt would
then be made to contest the entire
owership Of the railroad in any
OF the tide lands acquired through the
fraudulent grants TO Carpenter.
That they were fraudulent no one
doubts. Carpenter himself admitted
1t. and the Supreme Court so held. But
because Of some strange saving power
ii has heretofore been impossible to
oust the railroad from It's ill-gotten
holdings.
HISTORY OF LITIGATION
The history Of the tide land dispute
reads like q romance. 1t began in 1852,
when Carpenter had the town of Oak