Los Angeles herald., 1910-09-07
CITY FILES SUIT
FOR HARBOR LAND
Engineers Put to Work to Deter
mine Lines of Hunting
ton Concession

Suits were filed yesterday by City
Attorney John w. Shenk for the con-
demnation of land for warehouses on
Pedro street to 100 feet on the harbor
front, and for the harbor highway from
the San Pedro and Wilmington county
road to the water front.
The land to be condemned for the
warehouses Is just back of the Hunt
ington concession, which has been de-
clared forfeited to the city and which
the police have been guarding against
possible encroachments by the South
ern Pacific and the Pacific Electric,
whichtare laying tracks in the, vicinity
of the property.
City Attorney Shenk set a gang Of
engineers to work yesterday to deter
mine the lines of the Huntington con-
cession, and declares he will permit no
track building on the disputed land
until he knows exactly where these
lines are The Southern Pacific also
has a gang of engineers determining
the lines of the concession.
Mr.. Shenk believes that the aimless
laying of tracks on the property the
city proposes to condemn for widening
San Pedro street and the harbor high
way is to force more money out of
the city's pockets in the condemnation
suits, but Mr.. Shenk said yesterday
that as this was so obvious it was i'm
probable any court would take 1t into
consideration and that the railroad
would get nothing for its network of
tracks, especially as all the work was
done after the city announced its in
tention of starting the condemnation
suits.
CONTESTS BOND ISSUE
City officials were served with papers
yesterday in an injunct&n proceeding
brought by Percy Clark against the is
sue of $3,000,0O0 harbor bonds. In his
complaint Mr.. Clark alleges this issue
will exceed the s per cent limit of
bonding that the charter permits the
city. one charter provision limits the
city's bonding power to per cent of
its assessed valuation, for purposes
other than water or sewer, while an
other section of the charter authorizes
the construction of wharVes, ware
houses and docks and the issue of
bonds in excess of the per cent limi-
tation.
The suit for injunction declares the
limitation holds, Notwithstanding the
special authorization Of another section
of the charter. The declaration also
contends that the authorization to con-
struct Wharves, warehouses and docks
is unconstitutional because 1t is con-
tanned in the section that provides for
the borough system, and that the bor
ough system is unconstitutional be-
cause it provides for a municipality
within municipality. But in his an
Nswer Mr.. Shenk will contend that even
should the borough system be deemed
unconstitutional, the authorization to
construct wharves, warehouses and
docks is so severable from the rest of
the section that 1t should not be de-
clared unconstitutional even If the rest
of the section is.
SUIT is FRIENDLY
The city attorney has complete con-
fidence that the Injunction asked of
the courts will not be granted against
the issuance of the harbor bonds.
The suit of Clark, who is president
of the Percy H. Clark company, realty
dealers, a member Of the chamber OF
commerce and of the Los Angeles
realty board, is similar to the friendly
action he brought last week to de-
termine the validity of the bonds
which the city purposes to issue to
obtain SO, 900 for the construction Of
Continued on Page Six)