The San Francisco call., 1907-02-06

lnQuCSmell WHICH Caused TIC
city to resell its birthright was trans
continental terminal and construction
shops which the progenitor of the Har-
riman system proceeded to construct as
Carpenter had constructed his school
house and wharf. Again it was at
tempted to set aside the whole line
of transactions on the ground that they
were all based on fraud, but the Su-
preme Court held that the Merritt COM
promise was binding.
The suit which is now pending is
based on the contention that the town
of Oakland had dedicated streets
through the contested strip before the
first gift. and ought to be at least al
lowed 10 own these. Then came Judge
Morrows decision, which gave the road
even more than il had had the face
10 ask. and even the lawyers who had
grown up and grown old in the busi-
ness of these suits were ready TO give
up When il looked darkest. the Cir
cult Court of Appeals has turned the
tide against the railroad and Oakland
has come once more into her own.
WESTERN PACIFIC PLANS
The removal of legal distractions to
the completion of work on the termi-
nails of the Western Pacific Railroad
has set the construction department TO
putting into operation plans for one OF
the greatest railroad midway terminals
ever constructed in any part of the
country.
Contrary to general public impression
the engineers of the Western Pacif1c
have been going ahead with their plans
for the depot. freight yards, ferry sys-
TEN and warehouses. expecting that the
decision of the courts would eventually
give to the company right TO build
somewhere north or south of the Ala
media estuary. The improvements under
consideration will involve in their con-
struction about 81, 4,000 0O0 which will be
spent in this city and Oakland. Subse-
quent expenditures will net about
81, ,oO0, 900.
Virgil Bogue, chief engineer of the
Western Pacific, is at present in Salt
Lake City. Monday evening the gist
of the decision was wired him from this
city and it is expected that he will
make his stay in Utah short and
return here as soon as possible. The
construction department Of the Gould
lines have not yet been officially noti-
fed to begin actual construction work
on the terminal, but orders will be is
sued soon. The engineering work has
been accomplished so far as estimates
of costs of labor and material are con-
cerned and all surveys have been COM
pleted.
The new Western Pacific pier will in
all probability be of piling, but it will
eventually be filed in, the same as the
Southern Pacific Oakland pier. The de-
pot is to be somewhat like the depot of
the Key Route ferries. Trains will ap-
proach the main depot through an ar
cade 1000 feet long, the center Of which
will be used by teams. The trains will
enter and depart on the north and south
side of the pier and there will be upper
and lower deck approaches in the main
building to the ferryboats.
The new steamers of the company
will be somewhat similar to those of
the Key Route, but considerably larger.
Boats for freight traffic will be pro-
vided and the regular boats will be
built with rails for the accommodation
of freight cars.
SAN FRANCISCO SIDE
For yard facilities on this side of the
bay the Western Pacific will have the
same switching privileges on the State
Belt Line Railroad as the Southern Pa
cifc and Santa Fe. The company has
land secured for terminal facilities here
that will be adjacent to the State Belt
road. The Southern Pacific Dumberton
Point property on the south of the city
does not interfere at present with any
Of the Western Pacific's arrangements
and the tidelands between Dumbarton
and the China basin have, under the re-
cent decision, reverted to the State,
which has, however, always claimed
them.
The completion of the State belt line
come an actuality at the Mail dock
to its terminus at Vallejo street may
become necessary when another road
enters the city. The Southern Pacific
Company has indirectly but effective
ly prevented the completion of this
line across the city, officials of the
State having from time to time shown
by cleverly presented statistics that it
would be a detriment for the road to
cross Market street
The property acquired by the lease
of the China basin by the Santa Fe
Railroad is not affected by the deci-
sion. as the property along the water
front of San Francisco rests in title
with the State. which has never re-
linquished its hold upon the dock line
and approaches except when certain
sections of unimproved water front
like the China basin have been rented
or leased to individuals or corpora
tions.
The Key Route properties have been
placed in jeopardy by the decision and
work will have to cease on the bulk
head that is being established between
the Key Route pier and line adja-
cent TO the OaK1an0 pier. 1t was the
intention to fill in this land for a dis
tance of 1000 yards from shore with
a view to creating a sheltered harbor
in which docks could easily be run
out to deep water. che Key Route
and Southern Pacific piers would have
given perfect shelter to shipping, and
while the dockage within the piers and
bulkhead would have been to a GER
tain extent limited, they would have
been sufficient to accommodate a large
feet of ships.
Title to the water front holdings Of
the Key Route was secured from the
Pacific Improvement Company, which
had acquired most of it's holdings from
the Southern Pacific Company
HERRIN WILL NOT TALK
While the Southern Pacific Com
pany's corps of legal advisers is not
appearing in the open in defense of
the corporations position in the mat
ter of the decision of the United States
Circuit Court of Appeals, there is no
doubt that a tremendous effort will be
made to Offset the effects of the ruling
Attorney Peter F. Dunno, who has
been in charge OF the proceedings
against the Western Pacific Railroad,
is in Southern California, but he will
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