The San Francisco call., 1910-07-26
OAKLAND Wins
40 YEAR fight
AGAINST 5. P.
Railroad Acknowledges City's
Absolute Control of Its
Water Front
Withdraws All Litigation and
Agrees TO Pay Rental for
Mole Franchise
Especial Dispatch 10 The Call

lSpecldt Dispatch 10 he Call
OAKLAND, July 25-Absolute ac-
Acknowledgement of the city's control of
the water front was made by the
Southern Pacific company in an ordi-
nance submitted to the city council to-
night with an application for a fran
chise for the water frontage occupied
by the Oakland mole and superstruc-
lures and for additional harbor space
Immediately south of the mole. A sec
tion Of the ordinance conceded the mu-
nicipal water front powers, and by
agreeing to pay rental for its franchise
privileges the railroad further ac-
knOwledged the city's rights
The passage of the ordinance, to
which the city and company will prob
ably make corOllary agreements relat-
ing to the exchange Of property and to
terms Of water front control, will make
Oakland the undisputed power in water
front matters within the city bound
aries. The memorandum of agreement
drawn up by the railroad officials and
the city officials two years ago dealing
with water front matters is incorpor-
ated in the ordinance. BY it the COM
pany agrees to the following pro-
visions:
WILL DISMISS INJU NOTION
Within 90 days after the passage of
the ordinance the Southern Pacific will
relinQuish title and give TO the city
quitclaim deed TO the street end of
Broadway and to Broadway wharf, and
viii dismiss the injunction suit, which
has lain in the United States circuit
court for 10 years, restraining the city
from using Broadway wharf
At the end of eight years the South
ern Pacific viii tear down Long wharf
and remove it west of the end of the
Oakland mole.
Within six months the company will
join with the city in asking the secre-
tary of war for permission to fill a
bulkhead on the south line OF the pro-
posed mOles. viii commence this work
in one year and will dredge a 25 foot
channel for the city 10 use in approach
ing its proposed wharf between the
Southern Pacific and Western Pacific
moles The company viii also build
for the city an so foot street leading
along the Western Pacific mole to the
same city wharf and reduce the num-
Der Of its tracks crossing the street
DROP ALL LITIGATION
The Southern Pacific viii not appeal
from the decision Of the United States
circuit court in the litigation with the
Western Pacific by which the city was
acknowledged in control of its water
front. This decision Will stand as
final. the city eontrollin gall wharfing
outright.
The Southern Pacific will give the
city q quitclaim deed to all tide lands
in East Oakland claimed by the COM
pany under the Stratton patent.
- The rights Of way in East Oakland
for the Seventh street and First street
tracks the city will not disturb, but will
open Fifth avenue through the rights
Of way to the bulkhead line.
The low tide line OF 1852 is defined.
The company and city will join in ask
ing the secretary Of war TO change the
location OF harbor lines in San Antonio
estuary at its north arm.
AGREES TO PAY RENTAL
The railroad agrees TO pay rental of
$500 a year for the first % years of
the life Of the franchise and $4,000 a
year for the remaining % years.
The entire franchise and the agree
ment, settling water front problems
after 40 years Of battle. resulted from
negotiations inaugurated by Mayor
Mott, the late City Attorney McEIroy
and City Engineer Turner.
The ordinance was referred to the
railroad committee, to be considered
next Thursday.