The San Francisco call., 1910-07-27
CITY SEEKS full
HARBOR CONTROL
Board OF Works to Ask State
for Deed to East Oakland
Tide Lands

OAKLAND, July 26.-The city OF
Oakland will carry before the next leg
islature its fight for control of the East
Oakland basin, with bright prospects
of success, in view of the Southern Pa
cif1c companys action in acknowledg-
ing that the municipality is arbiter of
wharfing out rights in the western
water front and in Oakland harbor-
This acknowledgment was made in an
ordinance submitted to the city coun-
Gil by the railroad with a request for
franchise on the western shore, and
the East Oakland situation is directly
affected by the section of the ordinance
in which the Southern Pacific renounces
its claims to tidelands east of the north
rived from the Stratton patent was as
serted
The corporation was the largest
claimant to East Oakland waterfront
lands as successors to the Stratton
heirs. With the Southern Pacific con-
ceding the city's rights in that district,
there is established precedent to show
to the legislature the reasonableness of
turning over the full harbor control of
East Oakland to the municipal govern
ment.
CLAIMS OPPOSED
Such action by the state government
was sought by the board of public
works of this city two years ago. Gov
ernor Gillett opposed the proposed
ant -
TO the city on the ground that the
state should not part with it's harbor
control. In consequence the city was
not granted its request and the private
interests claiming title under the STRAIT
ton patent were undisturbed.
When the board of public works
went before the state legislature, it
was after negotiations had been opened
with the Stratton patent claimants for
compromise. The city offered to give
them leases for terms of years suffi-
cfent to reimburse them for their ex
penditures in improvements, but the
occupants of East Oakland water front
refused to accept these terms.
These negotiations will be resumed,
now that the city has the agreement
with the Southern Pacific to give a
quit claim deed to the property. The
private occupants of the Stratton pat
defensive
For 40 years these lands were con-
sidered private property, until the de-
cisioa of the United States circuit
court of appeals, in the case of the
Western Pacific and Southern Pacific.
returned to the city its control of
wharfing out rights in the limits of the
old charter lines. Then the late City
Attorney McElroy found a clause in
the state constitution prohibiting the
state from deciding away to any pri-
vate interests tide lands within Ave
miles of an Incorporated city or town.
He affirmed that this constitutional
provision made the Stratton patent IL
legal, and on this ground the city be-
gan its fight to have the East Oakland
basin put under municipal control.
TO RESUME FIGHT
Il have discussed this matter with
City Attorney Stetson,' said Mayor
Mott, president of the board of public
works, "and we will resume our fight
at the next Legislature. We argued
last year that the city is controlling
part of its water front, and should con-
troll the portion in East Oakland; that
1t would be absurd to have a city board
and state board in power within the
same city. Governor Gillett. while op-
posing our proposition, admitted the
SouAdheSS OF our point. We Will again
make proposal to the occupants of
Stratton patent lands TO save them
from financial loss when we ask the
legislature to turn East Oakland basin
over to the city.
The action of the Southern Pacific
in acknowledging the city's control in
Oakland harbor and the western water
front removes the last obstacle to the
harbor project of the city in that Sec
tion. The Western Pacific on coming
here acknowledged the city's control.
The Key Route franchise ordinance dis
poses of that company, and now the
southern Pacific, long the city's harbor
foe. has come to terms. The city is in
control through amicable arrange
ment.'