Los Angeles herald., 1909-07-11

81 hibhA oN hi1ii
Not Merely Dream
Regarding the practical side of the
harbor scheme in Wilmington bay
which Wilmington and Los Angeles
have worked out TO put through by the
aid of consolidation, Mr.. Flynn tells
Oakland this:
I'm the days when ship cargoes con-
sisted of wheat and lumber shipped
around Cape Horn, and consuming 120
to 300 days en- route to Atlantic or
European ports such a project would
have been considered n pipe dream,
because Los Angeles had neither wheat
nor lumber to ship; but with fruit
taking the place of grain as an article
of export, and exceeding 1t In value in
the ratio of two to one, and reforesta-
tion taking the place of deforestation,
with refrigerator ships making the trip
from the Pacific to the Atlantic sea-
boards through the Panama canal in
twenty-five days. or less than railroad
time, and with 3 freight rate of less
than $40 ton, as against n rate of $50
per ton by rail- the ambitious project
of Los Angeles, instead of being pipe
dream will prove as great CONNER
cial success as its famous $23, 100000
public water system"
What Mr.. Flynn says as to tideland
titles applies with force TO the move
ment to make Wilmington harbor sus-
oeptible to public development, and Is
of special interest in connection with
the local contentious of the Los An
geles harbor commission. AS to this,
the Flynn report says
TIdeIand Titles Public
1.-THE actual title to all tide or sub
merged lands on San Francisco bay,
commencing at the extreme high tide
line and inCluHinU had of 10 ha "
itself, is vested in the state of Cali
fOrnia as trustee for the people, and
according to the constitution of the
state can never be sold The federal
government granted these submerged
lands to the state-as it has to all other
seaboard states, in conformity with the
national policy of the control of navi-
gable waters-upon it's admission Unto
the Union, with the distinct understand
ing that they were to be forever held
in trust for the people. The state of
California, in its constitution, and In
accordance with the spirit and Ian
guage of the federal grant declared its
sovereignty and it's ownership to the
bed of the bays and TO all lands lying
between the extreme high tide line and
the channel waters upon all navigable
streams of the state, the same to be
forever held in trust for the people.
In addition to that declaration of per-
petual ownership, II further provided
that all submerged or tide lands 'front.'
ing upon navigable waters within two
miles of any town or incorporated city
should be withheld from grant to any
private person, partnership or corpora
ton.
when congress ratified that consti-
tuition, the clause referring to the sub
merged lands bordering upon navigable
bodies of water became a specific con-
tract between the state and federal
governments. and the state of Cali
fornia, in my opinion, could not nullify
the same. even by act of the legisla-
ture, without the consent of the fed
eral government.
States Power Limited
"The state by reason of its sover-
eighty has the power to improve such
lands or delegate that right to munich
palities located upon the same by per-
petual leaseholds, with due reference
to the rights of the people, as provided
by the grant of the federal government,
but ii has never had the power of sale
or grant to any person, partnership or
corporation. All sales or reputed sales
of such land. even when accompanied
by patent, are clearly unconstitutional,