The San Francisco call., 1909-03-11
CALVIN EXPLAINS
HARBOR AGREEMENT
Southern Pacific Official Says
Road Merely Permitted to Use
Present Rights of Way

OAKLAND, March 10.-General Man
ager E. E. Calvin of the Southern Pa
cific company has written to the cham
Der Of commerce directors, at their
request concerning the company's un-
derstanding Of certain sections of the
proposed memorandum Of agreement
touching water front matters. Calvin's
letter, which was made public today,
- as follows:
In accordance with your request made at the
meeting of Friday. the 18th inst, held at the
chamber Of commerce rooms, of rour board
with Chief Engineer Hood and myself repre-
sentine the Southern Pacific company, and with
reference 10 certain portions Of memorandum OF
proposed agreement Of Southern Pacific com
pany and city Of oakland concerning The water
front. 1 herewith write you.
The matters concerning which you particularly
inquired Of Ele are contained IN sections 4, >
snd u memorandum. These sections are as
Fourth-Southern Pacific company to relin-
Quish snd quitclaim 10 the city Of Oakland all
lands held or claimed by il under the 50 called
Fifth-The. city Of oakland to eoncede to
Southern Pacific company and its leased lines.
esst of the north arm of estuary. the right
Of way Of the Seventh street local lines and the
right 81 way Of the First street main line, bot
are now operated, and also the free use of 50
much Of the land between said rights Of way
avenue produced southerly across said rights
Of way.
Eighth-southern Pacific company within
eight years at its own expense TO remove long
wharf and trcstle completely back 10 q point
que north OF the western end OF the existing
passenger ferry slip OF the southern Pacific
company
Tie fourth and fifth sections must be read
The so called Stratton patent covers the tide
lands Of East Oakland.
They are traversed by our First street and
our Seventh street local lines, and. part OF
our railroad yard at the foot Of Seventh avenue
between these two lines is also on tide land
This company purchased some years ago the
rights under the StrattCn patent TO 4 part OF
Ike lands covered by il.
Under these circumstances the city authorities
insisted as a condition OF settlement that we
surrender 10 the city the rights 50 purchased
except as 10 the portion Of the lands actually
being used by Us 10 operate our railroad namely
the rights Of way for the two lines mentioned
and the railroad yard between the two at the
foot OF Seventh avenue.
We agreed to this. and the fourth and fifth
sections were intended to express this agree
meut and nothing more
10 repeat. as we understand it. we are 70
convey 10 the city ell the lands which we
claim under the StrattOn patent. except merely
he portion OF those lands used by above.
As to this portion the city is TO cOncede US
the right 20 continue 10 use them in the opera
ton OF our railroad.
Accordingly these sections do not give US any
franchise west Of East Oakland, or ia fact
they simply permit US to continue in pos
session Of our rights Of way from the east
side Of the north arm Of the estuary east
along the water front Of East Oakland and
also in possession Of the yard mentioned at the
loot OF Seventh avenue east Of Fifth avenue.
According TO the requirements Of section
the Southern Pacific company at its own ex-
pense. as above noted. Is 10 remove, tear up
and take away leng wharf and IL is so TO be
removed and demolished as far back as the
western end Of the present passenger ferry
slip OF the Southern Pacific company
Our understanding In this regard is. said
ar7e-
standing or intention build il any other
wharf north Of the present wharf.