Los Angeles herald., 1909-10-06
LEGAL STRUGGLE
FOR TIDELANDS
BEGUN NlNCOURT
IN BATTLE TO WREST GROUND
FROM CORPORATIONS
ATTEMPTS TO SHORTEN LONG
PROCEEDINGS FAIL
Southern Pacific Railroad and Banning
Interests Defendants in Case In-
VoVing Valuable Harbor
Territory

TN RIAL of the first two of more thad
half a score of suits, having for
Il their object the addition to San
Pedro and Wilmington more than SOC
acres Of land for the use of the genera
public as harbors, was begun yesterday
before Judge BordWell of the superior
court. The suits, which are known as
the tideland cases, were brought on be-
half of the people of the state by u. s.
Webb, attorney general VINO was pres
ent in person yesterday to conduct the
fight to quiet title to the lands and,
if possible, wrest them from the Ban
nings. the Southern Pacific railroad
and several other corporations. AS
sisting the attorney general are Attor-
neys A. p, Fleming, chairman of the
harbor commissions; A. p. Anderson,
former president of the Los Angeles
Bar association, and Leslie R. Hewitt
city attorney of Los Angeles,
The defendants are represented by Il
big array of lawyers, James A. Glib
son of the firm of Gibson, Trask, Dunn
and Crutcber, appearing as leading
counsel for the Banning interests; j,
w. Mckinley and Frank Karr for the
Southern Pacific railroad, Smith, Millet
and Phipps for Hancock Banning, At
torney Moultrie of Ward, Chapman and
Moultrie for Mary H. Banning, OMel-
veny, Stevens and Milliken for the
Kerckhoff- Gunner Lumber company
and Carhart and Borden for the Cali
fornia Fish company.
Maps in Court Room
The first two of numerous diagrams
and maps that will hide large por-
ton of the walls of the court room
were hung yesterday, showing the out
line of the water front at San Pedro
and Wilmington bay with varicolored
drawings of the lands in dispute.
Judge Bordwelrs efforts during the
first hour yesterday were directed 10
shortening the proceedings, in which
he was unsuccessful, the corporation
attorneys refusing to stipulate that
the testimony taken in one case shall
apply to others, and while the two
cases now on trial may proceed for two
weeks, it is believed months will elapse
before all the suits are disposed Of
The trial begun yesterday involves
about eighteen acres of land claimed
by the Southern Pacific railroad and
Banning interests, known as location
sixty-nine The land in question lies
between Second street and the north
line of Fourteenth street, San Pedro,
ard is claimed by the state to be part
of the ocean shore, while the corpora
tions claim ownership of the lands un-
der patents granted by the state.
Before the taking of testimony, At
torney Anderson made comprehen-
sive statement of the issues involved
in the trial. The two cases on trial
he said, involved land on the west side
of the channel known as tideland To-
cation number siXty-nine. December
23, 1878, William Banning applied foi
a patent to this land and 1t was issued
in August, 1888.
Issues Defined
"This is a quiet title suit" said the
attorney. 1T is claimed these lands are
part of the shores. This is denied by
the defense, which sets up the patent
A court decision giving Banning the
right to buy this land is also set up as
a defense. But we hold that the code
of California did not purport to author
ize the sale of these lands, and ever
if it did include these lands, it does moi
pertain to land which can be used fol
agricultural purposes
He also claimed Wilmington was an
Incorporated town and that the law
prohibits the sale of tidelands within
two miles of incorporated towns.
One of the first witnesses to be called
by tne SldLe was u W. IpPSA' " ~
went to San Pedro when he was Il
years old, in 1872. Il was a poor boy
and had to go through abe breakwatel
north of Dead Mans island to get fuel
said Lopez, when asked to explain his
familiarity with the character of the
shores.
The beach on the west side of the
channel at that time, he said, was
sandy, Notwithstanding the bluff, d
large portion of which has been taker
away for ballast, was much closer tc
the water than at present
History of Early Work
William Mulholland, at present en-
gineer of the Los Angeles aqueduct
said he worked on the breakwater il
1878 and 1879. The bluff north of Fifth
street. he said, was considerably broker
and there were excavations and con-
siderable sand. A wagon road rar
along the base of the bluff and at low
tide the beach ran out quite a distance
he testified.
At ordinary high tide, he added, theri
was a wide strip of land between the
bluff and the water from Sixth Street t..
what was known as Tins settlement.
Il. w. Merwin, assistant city engi'
neer, was called to identify the dia-
grams employed to illustrate the testi-
mony of other witnesses.
nAnrrIIIhN In nDhIM