The Cairo bulletin., 1911-01-16
CALIFORNIA JUDGE DECIDES
CASE SIMILAR TO ILLINOIS
MADE LAND CASES.
AGAINST CORPORATIONS
Court Says People Can Not Be Dc
prived Of Natural Rights IN.
cIuding Use of Tide
Lands.

Los Angeles, Cal, jan 15--That the
people and not the corporations own
the tidelands Of Los Angeles harDor
at San Pedro is the decision Of Judge
| Bordwell, presiding Judge of the Los
/ Angeles county superior court. as
rendered few days ago. This Is one
Of tho most important decisions ever
rendered In California. in view of the
vast interests involved and the fa~.
reaching effect of the principles laid
down, Following summarizes the
| points decided;
Return to public of approximately
1900 acres of tidelands, whose value
| Is in excess OF $l0,000,00u.
Municipal ownership and control OF
harbor.
Increasing commercial supremacy
which can not be estimated in dollars
and cents.
All the benefits for the territory al.
jacent to Los Angeles tnat grow out
OF water competition.
The decision is on only one OF
about eighteen cases which involve the
title to 1850 acres of tidelands, val
ued at from $1,000 to $4,000 an acre,
and at many millions Of dollars in all.
The case in point involved S3.i3
acres Of land, being known as tide-
lands location SO, and having been
bought in 1878 by William H. Banning
under a surveyor generals patent for
81 an acre, although the property now
is valued at 100000,
Judge TJrdweIlsa decision III tRls
case, the title OF which was ~Tbe
People Of the State OF California,
upon information Of U. 5. Webb At.
torney general, against the Southern
Pacific Railroad Company and
others" indicates the disposition OF
the other actions, in which practically
the same issues are involved.
The opinion filed is Of unusual
length, comprising about $4,000 words
and being the longest ever rendered
in Los Angeles county. A consider
able portion Of it is devoted to a very
technical examination OF the pro.
visions of the earlir statutes, begin
ming with 1855, with the respect 10
The disposition of the state OF swamp
and overhowed tide lands.
The opinion also deals largely with
he general principles involved, show
ing that the cases have received an
exhaustive study and research In the
seven months which have elapsed
since they were submitted to Judge
Bordwell, who has devoted all Of the
time he could spare from the duties
Of presiding Judge TO a decision. Re
course has ben had to ancient law
hooks and other publications for a
history Of the law applicable, the vol
umes being full of the subject from
early times.
Peoples Rights Sustained.
"The principal issue of fact made
by the pleadings is whether or not
the land IN question, at the time Of
the admission OF California to the
Union, constituted and still Is q part
Of the bed Of the channel which con.
meets the outer aud inner bays OF the
harbor, except that portion thereof
which has been filed.
"a state, as political institution,
exists to preserve to the members of
society tha (which they inherit as a
natural right, II is the province of
the state not to deprive men of the
enjoyment OF natures gifts; but its
object is to insureh i'm or her boua-
ties The legislature ID but an In
strumentallty used by the state In aid
of that object And suca right--such
a gift OF nature--ls the free right to
free and unGammeled use of tile
lands. They are essential to and as
important as the use of the seas. 1t
Is the province and duty OF the courts
to declare unlimited and unrestricted
alienation by the state Of tide lands
subsersive Of the fundamental rights
Of the individual and any law pur
porting to authorize 1t void.
TO permit such alienation would
be, in effect, denial Of the existence
Of the trust In the state for all ths|
people, It would be the alienation OH
one Of the sovereign prerogatiyesI
which can never be allowed because
destructive of the very purpose fer
which the state organization exists
COLD STORAGE BLAMED.