The San Francisco call., 1907-03-08

The Western Pacific and the Southern
Pacific Company have ceased fighting
over the terminal which the Gould
people desire to make on the fill north
of the north training wall of Oakland
harbor. The terms of compromise have
not been made public, but from Sacra-
mento comes the well authenticated
story that the Western Pacific will get
what IL wants without further litiga-
ton with its powerful Hartman rival
That the battle between the two big
corporations is virtually over follows
as the logical outcome of the tremen-
dous defeat sustained by the Southern
Pacific Company in the United States
Circuit Court Of Appeals. when the
Southern Pacific was denied ownership
of the lands between the broad-gauge
mole and the training wall. This de-
feat was accentuated by the subse-
Quent refusal of the Court of Appeals
to grant a rehearing. Railroads know
when they are beaten in sucn a con-
test as this as quickly as do the public
They do not keep on biting off their
own noses Hence the word from the
capital that a settlement had been eff
fected comes with full flavor of
authority.
BILL vERIFIEs STORY
verincation of the announcement is
TO be found in the neatly devised bill
passed Wednesday night by the Senate
for the creation of a Board of State
Harbor Commissioners for Oakland
harbor. That measure was drawn for
the sole and exclusive purpose Of dis
posing of the fight over the lands lying
between the Southern Pacific broad
gauge mole and the north training
wall, the scene of battle between the
Hartman and the Gould interests. 1t
is evidence of itself that the two giants
have decided to quit and to settle their
differences amicably.
The bill creates a board of five mem
bers, composed of the Governor and
the Mayor of Oakland, ex offlcio, and
three others two of whom must be
residents of Oakland. The measure,
however, limits the jurisdiction of the
board to the land mentioned at the
same time defining the low tide line
of 1852 as the eastern boundary and
the United States pierhead line as the
outside boundary In short, this strip,
approximately 5000 feet wide, is given
over to a board of State Harbor Com
missioners for one purpose only, as
the bill appears TO read. That purpose
is TO lease the lands to railroads. pro-
yiding that not more than $500 feet
width shall be leased TO any one trans
continental road. The distance across
from mole to training wall is about
5000 feet. Split that in half and the
$500 feet limit of the bill is reached.
The measure is a substitute for an
amendment to one introduced earlier in
the session by Senator Leavitt.
RAILROADS ARE AGREED
The original bill introduced by Leav-
it provided for the creation of State
harbor board that should have full
control of the entire harbor frontage
inf the
north arm Of the estuary as far as
the Twelfth street dam. This measure
was Objectionable to the City Council,
which, after hearing arguments, laid
on the table a motion to recommend 1t
for passage. Subsequently the Western
Pacific Railway representatives took
a fling at the bill.
Then followed the introduction of
the amended bill, one of the chief fea-
lures of which was the limiting of the
control of the board to the territory
and the waters between TIE Southern
Pacific Company's broad-gauge mole,
Long Wharf and the north training
wall of the harbor.
The Western Pacific has not opposed
the passage of the new bill. The
Western Pacific holds a franchise from
the city to go out over the fill north
OF the training wall and the UnNed
States Circuit Court of Appeals has
sustained the right of the city to
wharf OUT But this right comes
from a State grant that might be re-
voked. the lawyers say, and it is to
meet this doubtful condition that the
new bill provides for fifty-year term
leases of the land. With a lease from
the State and a franchise from the city
a railroad company subject to a rivals
attack might feel reasonably sure of
its position. say those who are watch
ing developments. The appearance is
strong that the Western Pacific has
had voice in the framing of this har-
Dor bill and that it's rival has also been
consulted; in fine, that a common
ground of settlement has been
reached.