The San Francisco Call. Newspaper, April 9, 1896, Page 10

"1 LS THE SAN FRANCISCO CALL, THURSDAY, APRIL 9, 1896. TERMINAL LANDS WITHAUT A TITLE, A Mission Bay Tract That; Is a Forfeit to the State. IS VALUED AT 83,000,000 Important Conditions of a Grant Never Fulfilled by the Railroads. AN OLD SUIT T0 BE REVIVED. Papers That Had Mysteriously Dis- appeared Years Ago Have Now Turned Up. | me | Further inquiry into the project of the Eouthern Pac line between here and Baden, mn order to avoid the circuitous and steep route at ic Company to build a short | ces th gave the law to the public and the land to the railroads. Just before Governor Pacheco went out of office the Attorney-General applied to me to aid him in an action he proposed to bring, on behalf of the State, to vacate this patent, and at hie instance lgrepnred & bill in equity for that purpose, which was filed in December, 1875. T. B. Bishop and I signed it as associated with the Attorney-General. In January,1876, Jo Hamilton, the newly elected Attorney- General, assumed control of the case, and, after granting many and long extensions of time, finally, on my remonstrance, refused further time.” Then followed a motion to strike out matter from the compleint, and more de 1 finally found that I had no control, or voice, in the management of the suit. "General Hamilton also informed me that he could p: 10 fees, although he had a fund of $4000a vear allowed him by the State for sueh pur- poses, and I could but’ conclude that 1 was not wanted in the case. About the same time I learned from my other associute counsel in it, Mr. Bishop, that he had bacome one of the standing counsel for the | railroad companies. Under these circumstan. suit naturaily went to sleep. I neve sard of the filing of any answer in it, al h of the proceedings after the motion t out, if any there were, I have no knowl lLaving never been consulted about them While I remained in practice I oc: lonally inquired in the clerk’s office and expected some day to learn that the action had been | di: , but that was not done. The last inquiry made by me, some three or vears ago, revealed the fact that most of the papers had disappeared from the files, and 1 see no reason fo! rprise if all have, but if | the present Attorney-General desires o prose- cute the case 1 believe I could be of material | service to him in reproducing copies of those | that are material. | During the term of office of Attorney-General Hart he met me on the street one day and toid | hat he was going to bring the suit to | He seemed, however, to have been side- | tria | tracked by other litigation with the same ad- | rsaries over the Oakland water front and | abandoned the idea, if he really entertained | it, of taking the case up. | Some little explanation of Mr. Doyle’s presentation of the case may be made for a clearer comprehension of the situation. The original grant was to the Western Pa- | Railroad, ich _was afterward | ci! | be restored to that state of prosperity CHEERS FOR M'KINLEY The Army and Navy League In- dorse Their [Com- rade. FOURTEENTH ENCAMPMENT. General Robert A. Friedrich Re-elected Commander - in - Chief of the Former Boys in Blue. The Army and Navy Republican League | of California declared for McKinley in un- mistakable terms at its fourieenth annual encampment, held at Kohler & Chase’s hall vesterday afternoon. A heated discussion was precipitated by the following resolution, proposed by Judge J. A. Waymire: Resolved, by the Army and Navy Republican League of California, That we hereby declare our choice for President of the United States to be Willlam McKinley of Ohio, whose private character is without a blemish, and whose public services as soldier and statesman have endeared him to the people of the United States, marking him as the logical leader of the Re- publican party at this time of great financial depression, to the end that the country may hich its natural wealth justifies, and which was so long secured by the protective policy of the Republican party. In any event, we pledge ourselves to the support of the nominee of the Republican party. | merged into the Central Pacific and to the | General W. H. H. Hart spoke earnestly DRAWBRIOGE Map Showing the Forfeited Mission Bay Lands Now Illegally Held by the Southern Pacific Company. present employed when its coast division | is completed =0 as to form a new through line to New Orleans, has developed some exceedingly interesting niatters. It has azain brought to notice theal- | most forgotten suit of the people of the ! of California again c and Southern Pac forfeit sixty acres of land on Mission Bay, near China Basin, which suit had to be the files of the County Clerk’s office. These papers have now reappeared and precautions have been taken that will effectually prevent a similar contretemps. | Further than this the proceedingsto have | this valuable property declared forfeited to the State will shortly be taken up again | and prosecuted with vigor. This track was granted together with a 200-foot right of way from it to the San | Mateo County line. This right of way | was declared forfeited in 1875 by Governor | Pacheco, while he at the same time issued patents to the companies for the sixty ! acres for terminal purposes. | nce that time the Soutbern Pacific | Company has in a desultory sort of a way been endeavoring to secure a right of way by purchase, and that task 1s now very near completion, but it is likely, from the | present outlook, to be now possessed of a right of way to nowhere, so far as suitable terminal property is concerned. The status of this Mission Bay property, ich is now esti ed to be worth not less than $3,000,000, is clearly shown in the | pr following open letter of John T. Doyle, Real published in the some months ago: Your in Bay gra; Pacitic railroad con snit brought may be briefly ate Circular y acres in Mission acific and Southern anies in 1863, and the 5 \';' in relation thereto, as granted by an act. passed h 30, 1868, for terminal purposes on and on conaition that the companies should make their terminus thereon, and expend $100,000 in_fmproving the property within thirty months, failing which the grant was 10 be void. The time ior compliance was after- wards extended, but expired many years since. By the same act & strip of land some 200 feet wide was granted to them over the tide lands claimed by the State, as an approach o those terminal grounds on the south. Assuming that the companies did spend the required smount in improvements, it. is notorious that they never made their terminus there nor built the contemplsted road of ap- | proach. o the summer of 1875 Governor Pacheco for pa grounds gud the designa: a notice was published inviting objec show cause, if ihey desired to, why thes patents should not issue. 1 saw these notices and wrote to the Governor requesting to be heurd in opposition 1o issuing the patents. 1 received from his secretary a reply promising to fix a time thereaiter for the hearing and apprise me of it. 1 wrote and printed two letters aadressed to the Governor, in July 5, pointing out some* of the reasons why the compunies were not en- titled to the patents asked for, and awaited his promised notification of the dafe of the pro- posed hearing, for which these letters were my brief. The notice never came. I presume the Governor forgot his promise to me, as, at the election of 1875, he was chosen a member of Congress and must have had many things to tbink of about that time. On the 17th of September, just after the election, he iscued to the Tailroad companies & patent for the sixty acres, but denied their application for that for rightof way! I never they applied to nis for ihe terminal | act, make the terminus of the roads upon said Sonthern Pacific. Each was granted thirty acres, and each, according to the act, was to expend $100,000 on the improvement of | the grant for terminal purposes, or an ag- gregate of $200,000. The important section of the act which bears upon the forfeiture | of this tract to the State reads as follows: | And upon the location by the said companies | of their terminus and terminal depots and sta- | tions upon the said premises, and the expend tnre of $100,000 thereon by each of the said companies, the Governor shall issne patents therefor- to the said companies respectively; | provided, that unless the said companies shal within thirty months from the passage of this | »xpena thereon the said sum of $100,000 ench, then any grant herein con- tained shall be'void as 10 thie said company so in default, and the lends herein granted to such company shali revert to and be the prop- erty of the State, Not one of these conditions have been complied with. The beneficiaries have not expended the specified $200,000 on this property, and neither have they put up any terminal buildings and stations with- in thirty months of the grant, nor made this tract the terminal of any road or | roads. They .have simply clung to it, watching it grow in value and keeping it out of the hands of others who might bave made use of it for the benefit of the City | and the State. Why their alleged title has not been long ago taken from them is shown in the letter of Mr. Doyle. Attorney-General Fitzgerald’s attention | was called to the matter last August, but | the missing papers in the case, as referred to by Mr. Doyle, prevented him from tak- ing immediate action. Then came the suit of the Southern Pacitic Company against the Railroad Commissioners, which has since occupied bis time. But despite the heavy work that had thus been thrown upon the Attorney-General’s office he did not altogether lose sight of the Mission Bay matter. Word came to him about the middle of January last that the missing papers had been returned to the files of the County Clerk’soffice and he lost no time in having certified copies of them made. These are now in his office and he hasno | fear of any evil comsequences should the | originals again disappear. Inquiry at -the office of the Attorney- | General yesterday elicited the further in- | formation that as soon as the present case | against the Railroad Commission has been | submitted that of the State against the | Central Pacific .and Southern Pacific | railroads to have this tract declared | forfeited to tbe Stare, which case is stillon the docket. will be taken up and vigor- ously prosecuted. ISSUED IN A NEW FORM. | The Board of Health Gets Out Its Monthly Report in a Pamphlet. The Board of Heaith has just issued its monthly statement of the births and deaths in San Francisco during the month of Marchin a much more attractive and comprehensive form than it was ever be- fore got out. Oneof the features of the report, which is m pamphlet form, is a map of the City with the localities where various contagious diseases are prevalent | marked in colors so that the spread or de- crease of any disease from month to month 2an be seen at a glance. The pamphlet also contains the reports of the various inspectors and other em- ployes of the board, and of the headsof the various institutions under the control of the board. i could see how to reconcile the granting of the one with the denial cf the other, but at least it showed the Government's impartiality, as the judge in early days served the slave—he The birth and death statistics are set forth in tabulated form, so that they can be mastered at a moment’s notice, in behalf of the indorsement of McKinley, but deprecated the clause promising sup- vort to any nominee of the National Con- vention. “If the convention nominates | Levi P. Morton 1 will not support the ticket,” he declared, “although I am as ood a Republican as any of you. We Fmve had enough of Wall street. I would rather have protection and ‘hard money’ than neither, and the election of Morton would mean neither. If we have a choice, let us namet. If we have no choice what are we here for? If [ werea member of the convention, which 1 shall not be, I would turn my back upon Allison, whom I consider one of the noblest of men, in favor of one of our comrades. This will be the last time probably that an oid soldier will be a candidate for the Presidency. Let the choice then be of Quay, McKirley or Reed.” Judge Waymire said it was only fitting that a soldiers’ club should support a soldier candidate. “McKinley demon- strated in the army and in Congress that he was in the line of succession to James G. Blaine,” said the Judge. ‘‘Thereare no bosses behind him. No other man will wear the mantle of Lincoln and Blaine and Garfield more worthily. He is certain of election. Shall we not ‘fall into line?’ Colonel Lyon said it was eminently roper and desirable that the Army and Navy League should indorse McKinley, who stands emphatically for the principles of his party. E. W. Woodward said the resolution voiced the sentiment of California. “When Depew and Vanderbilt were here they favored Morton, yet the crowd gath- ered at the Palace Hotel hurrahed for Mc- Kinley, and they recognized the cheers as .expressions of the voters of the coast.” Colonel Babcock said: **When Blaine died his mantle fell upon McKinley, who is the logical candidate of the party. Let us indorse him if we want any sort of re- spect accorded to our intelligence.” The resolution was adopted, there being but one dissenting vote, and that explained by the fear that if McKinley were not nominated the nominee would be preju- diced against the leagne. Three cheers were given for the soldier protectionist and the league settled to more prosaic business. Resolutions were adopted stating that the executive council was the ex-officio campaign committee of the organization; that a financial committee of nine shoul be appointed ; that no applicant be officially indorsed by members unless indorsed by the executive council and his credentials signed by the commander-in-chief and ad- jutant-general. A vote of thanks was extended to Com- rade Jahns and his assistants for the handsome patriotic decorations of the hall. The following cfficers were elected : General Robert A. Friedrich, commandaer-in- chief; T. F. Laycock of Los Angeles, senior vice-commander; Judge J. P. McEiroy, junior vice-commander; . E. Jones, quartermaste; eneral: M. S. Blackburn, inspector-general r. J. P. Soper, surgeon-general; E, C. Sey- mour of San Bernardino, ordnance officer; H. Jahn, commissary-general. The newly elected members of the executive councii were: W. F. Xandall of Camp 1; E. C. Thatcher, Camp 2; George A. Norton, Camp 3; Alfred Cressy, Cam; ahn, Camp 9; M. Murray, Camp. 12; J. L. Field, Camp 14, and Comrades Lyon, Wechsler and Babcock, delegates-at-large. General Friedrich pointed James Kip adjutant-general, J. Cummings assistant adjutaut-general and Genersl W. H. H. Hart |uaFe advocate general. General Friedrich’s address aealt with the earlier history of his administration and reviewed carefully the progress of the league. He said there was just cause for complaint because more old” soldiers had not been put into positions of trust by those having appointive power. He spoke in_praise o thepsorvices of the ndj:gant- general and his assistant, and urged the members of the leagte to work in har- mony. ‘‘California, with the aid of the united effort of the ‘soldiers, will redeem herself next fall from the imputation of being classed as a Democratic gute." Adjutant-General Kip’s report called at- tention to the fact that Eendqunrters would soon be opened. He reviewed the work of the league for the past two years, showing that headquarters had been established in October, 1894, and maintained until March, 1895; that over 20,000 books, pamphlets and circulars had been distributed for the dissemination of Republicanism. He re- vorted that there are fonrteen camps with a membership of 3500, and that itis ihe purpose to increase the number of camps to twenty-five and the membership to 8000 before the election. ‘“Camps have been formed or are being formed,” he said, “in San Francisco, Oak- land, Alameda, Sacramento, Valicjo, Los Angeles, San Bernardino, San Jose, Stock- ton, Fresnoand Red Bluff.” He reminded the league of enthusiastic meetings held during the campaign of 1894, especially that of November 1 at Odd Fellows' Hail. GAY GUARDSMEN AT TABLE Brigadier-General Warfield the Guest of Homor at a Banquet. The Second Brigade of the National Guard Epjoy a Delightful Reunion. Bright flowers and glittering uniforms, flashing lights and words of gay good- fellowship conspired with creature com- forts in the solid and liquid line to render last night's banquet of the Second Bri- gade, N. G. C., a most enjoyable affair. The annual inspection of the National Guardsmen was over, and in order to cele- brate the happy termination of the ordeal the brigade decided to invite their genial commander, Brigadier-General R. H. War- field, to dine with them. The affair took place in the banquet-hall of the California Hotel. The apartment was draped with the National colors in festoons of filmy crape, caught up by bunches of palm and ferns. The table was laid in the form of a horseshoe, in the midst of which rose a stack of -guns wreathed in smilax and carnations and surmounted by the brigade’s standard. At either end of the horseshoe was a similar stack of rifles hung with knapsacks, can- teens and other military impedimenta, while the table itself, with its graceful epergnes and artistic flower pieces, was a thing of beauty. Besides the guest of honor there were present: Lieutenant-Colonel J. G. Giestin adjutant-general (chief of staff); Colonel A Jansen, inspector; Major .. H. Mangels, quar- termaster and paymaster; Major W. A. Hal- stead, commissary; Major H. spector of rifle practice and ordnance officer assistant Major C. H. Murphy, engineer officer; Major | C.J. Evans, signal officer; judge adyocate; Captain S camp; Captain H: A, Wegener, aid-de-camp; Adjutant-General Barrett, Assistant Adjutant- General Peeler and Colonel Macdonald. The Governor and Colonel Fairbanks were also among the number invited, but were unable to be present. Both, how- ever, sent messages of regret and good wishes, * The affair was entirely informal and no set speeches were made. Among the toasts were: ““The President of the United States,’” responded to by Brigadier-General Warfield is Excellency the Governor Major D. 5. of California,” by Adjutant-General Bar- rett; “The Ladies,’ by Major Halsted; “The National Guard,” by Major Hosmer. and “'The Grand Army of the Republic,” by Major Jansen. Between the speeches Cassasa’s orchestra rendered a fine musical programme. DISMISSED THE CHARGE. Simpson’s Complaint Against Moran Ignored by Police Commissioners. George W. Simpson, an . erratic lock- smith with a shop near the park, appeared before the Police Commissioners last night to prosecute sundry charges he had pre- ferred some weeks ago against Policeman Harrison Moran. The case was dismissed. Simpson alleged in his complaint that Moran had been guilty of any number of serious offenses unbecoming the dignity of an officer, including riding a bicycle. The locksmith brought in sixteen witnesses to prove his charges. When they had fin- ished giving their testimony the Commis- sioners dismissed the charges, Moran not being called on to present any portion of his defense. The residents on Haight ana Stanyan streets presented the following sworn affidavit in behaif of the defendant: § FraNcisco, March 31, 1896. George J. Hobe, secretary Masonic Cemetery Association, room 42, Masonic Temple—DEAR BIr: We, 'the undersigned residents and Erogen_ wners of this neighborhood, bounded ¥y Stanyan, Haightand Waller streets, respect- fully request you to assist us in removing from your premises, for we are informed he pays no rent, one George W. Simpson, who is 4 nuisance to the whole neighborhood, in that he is meddlesome, quarrelsome and continually interfering with every one’s business here. By s0 doing, you will confer a great favor on the undersigned. —————————— TO BE A GREAT DAY. They Will Celebrate the Era of Good Roads. J. Maude, one of the commissioners of the Good Roads Bureau, Sacramento. is at the Baldwin. He gives a flattering ac- count of the progress the commission is making in the direction of improving the public roads. He says the rock-crusher at Folsom is now ready to run; also that the immense bunkers ior holding the crushed stone are now being completed. These great .bunk- ers will hold no less than 3,000,000 pounds of the crushed rock. The cost, too, will be phenomenally low, being no greater than 20 cents a ton, and in a little time the commissioners believe they can figure it at less than that. Every one concerned is, therefore, greatly gratified, because it would appear the public roads of California may be made as fine as boulevards at a trifling cost. So great is the enthusiasm that it has been decided to hold a sort of cele- bration at Folsom 1in about two weeks, to start the rock-crusher and inaugurate theera of good roads. Champagne is tq flow. ——————— SOCIALISM OF THE INCAS, The Theme at Last Night's Meeting at the Turk-street Temple. The_expecteu debate on *‘Populism vs. Socialism” did not take place at the Turk- street Temple last evening. J. M. Wyatt did not put in an appearance, sending an excuse of illness, whereat the socialists laughed exceedingly, for they regarded the absence of the apostle of Populism as an admission of the greater merit of the socialistic cause. ;I‘he chairman of the evening, Henry ‘Warnecke, gave a brief address outlining the aims of the Socialist Labor party. Theodore Lynch, the secretary, read an article from a socialist organ on “‘Scien- tific Socialism.” The audience sang ‘The Marseillaise” and P. Ross Martin read a paper on *‘Pizarro and Peru,”’ in which he dweit upon the **Unconscious Socialism of the Incas.” Next Wednesday evening Victor L. [} Bnen‘wgll address the Liberty branch of the Socialist Labor party atthe same place on *‘Incentives to Effort Under Socialism.” TR (s i London has 75,000 street lam, Paris 50,000 and New York 28,000, i) LA A da st AL AL AU IETRTRTR A A A A A AL AAUAUAAMAIAAAUANATANANANANANA NEW PUBLICATIONS. /NEW PUBLICATIONS. NEW PUBLICATIONS. L NEV FUBLIGATIONS. NEW FUBLIGATIONS. NEW FUBLIGATIONS. gmmmmmmmmmmmmmmmmnmrmmmmmnmrmmmmmmmmmmmmg £ HASTE IS NECESSARY LAUAMALIA b4 Reference Library ® FROM EX-JUDGE NOAH DAVIS, 3 NEW YORK, March 12, 1896, © Gentlemen: I have given consider @ ble examinstion to your Encyclopwd; ® Dictionary. with a view, o far as pra ® of use to the public generally @ persons who, like myself, have a pro- @ fessional interest in the question. @© have become satisfied that @use it has no superior in any of the © qualities that make up a good Diction- @ ary. To these qualities it adds a fund @ fect confidence, S (oLt im my opinion also of great pro- O] ® @ work my hearty commendation. NOAH DAVIS. Wonderfully Little Price Remarkahly Easy Terms (0000000 00CO0TC000J000C0000) @ ticable, to determine its value asa work @) &nd to (e (} 1@ lor general @ ® of encyclopsdic _knowledge which 1@ ® have never seen in such a work, and @ ® which enables the student to trace the @) @ derivation of words and their significa- @© tion and uses with great ease and per- essional value to clergymen, physi- @ '?s and lawyers in developing the @ @® philosophy of words and their uses and @ derivation as effecting questions pecu- @ liar to their respective professions. I (@) @® feel at liberty, therefore, to give the @ 5000000000000 00000l FOR INTRODUCTION ONLY—FOR THREE DAYS ONLY. $1.25 Monthly for One Year Comp t o Little Time - Now Remains. The day, the hour, is rapidly drawing near which will mark the end of The Newspaper Syndicate’s notable supplemental distribution for the purpose gof introduction of that great —TEERE — Encyclopdic Dictonar Our Great Introductory Offer is not confined to San Francisco, l_mt ap- plies to all sections reached by the great i| San Francisco dail purpose cial THIS it bein NDICATE in supplemental distribution to place a ONE set of the volumes in EVERY com- t least orable publicity the work is not as represented it can be and the payment = AT ONCE A DICTIONARY AND AN ENCYCLOPZDI Produced at a cost of over $750,000. e ® ® fil¥rciopenic l - L The i T FOUR MASSIVE VOLUMES. WEIGHT ABOUT 40 POUNDS. Enjoymen FOR INTRODUCTION ONLY—FOR THREE DAYS ONLY. $1.00 ONLY Puts You in Immediate Possession of These FOUR Superb Volumes. IT IS EVEN NOW TOO LATE to send_descriptive matter and sample pages. 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Attorney-General Fitzgerald has notified the Board of Supervisors in unmistakable terms that unless the money due the Whittier School from the muuicipality is paid forthwith he will begin suit for the amounts, aggregating over $6000. The matter has been a bone of conten- tion for several years past, the Supervisors claiming that as there wag no money to pay the demands during the yeat in which the indebtedness was incurred the City was not under obligation to pay at all. Under date of April 7 Attorney-General Fitzgerald sends the following comrmuni- cation to the Board of Supervisors: To the Board of Supervisors of the City and County of San Francisco, Cal.—GENTLEMEN: I desire to call your attention to the following matters: On the first day of May, 1893, Hon, Walter Lindley, the then superintendent of the Whittier State School, certified to the Auditor of the City and County of San Fran- cisco the umount due said school for board, clothing and tuition during the month of April, 1893, of pupils named in the detailed Statement accompanying such statement, for the maintenance of whom your County was made responsible under "section 24 of an act entitled “An act to establish & State Reform School for Juvenile Offend- ers and to make ngg)roprlnflcm therefor,” approved March 11, 15889, as amended by an act approved March 23, 1893. The amount thus certified was $2169 21. On the 1st day of June, 1893, the superintendent certified to the Auditor a similar statement for the month of May, 1893, the amount certified being $2145 40, and on July 1, 1893, a statement for the month of June, 1863, was certified to the Auditor by the superintendent. the amount aggregating $2096 90. Section 24 of said act provides, among other things, that “‘the expense which any county may be liable to pay on account of any minor committed to said institution under tne pro- visions of this act shall be paid by the Board of Supervisors into the State Treasuryon a certified and detailed statement as to the amount due therefor from such coun- ty being furnished to the Auditor of the county by such superintendent.” Although so certified to the Auditor, and although demand has been made upon your board that it pay this money into the Treasury of the State in accordance with law, no such ayment has yet been made by your board. Unless such payment is made forthwith—be- fore the 20th of "this month—I shali be com- pelled to commence an action against your ard to enforce a compliance with the law. In this connection I desire to call.your atten- tion toan opinion rendered by Harry T. Cres- well Esq., your City and County Attorney, to J. H. Widber Esq., your County Treasurer, con- cerning your right to pay this money out of a fiscal year other than that in which the liabil- ity accrued. The posijtion taken by the City will be, 1n case of a suit, that the State must take its chances with the members of the asso- ciated creditors in getting its dues at some future time when the funds will admit. 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