People v. San Francisco & Alameda R.R.

Citations

• 35 Cal. 606
• 1868 Cal. LEXIS 131

Syllabus

<p>Lease to Ferry Company of Wharf in Sax Francisco by Harbor Commissioners—Statutory Construction.—The fourth section of the Act of the 4th of March, 3864, (Stats. 1863-4, p. 140,) amending and adding to the Act of April 24th, 1863, in relation to the improvement and protection of the wharves, docks, and water front in the City and County of San Francisco, in effect provides that the State Harbor Commissioners, by lease, shall grant certain of said wharves, to be designated by them as necessary for the purpose, to the owners of ferry boats plying across and upon said bay, free of rent or charge, for a period not exceeding three years; but upon the conditions that the lessees shall keep the same in repair and make certain prescribed improvements, and shall not make any charge, by way of wharfage or otherwise, for the use of the same by any passengers to be carried on said ferries, and that said wharves shall not be used by said ferries for any other purpose than ferriage. It is, however, provided that nothing contained in the Act shall prevent any ferry owners or companies from leasing wharves, slips, or landings from said Commissioners upon the same terms and conditions as other persons or companies. The section also provides for the leasing by said Commissioners of all the wharves and water front of said city that shall come into their possession for a like period, whereby the lessees are, upon the performance of certain specified conditions and the payment of rent, to become vested with the entire beneficial interest in the premises so leased, with the right to collect and receive to their own use such tolls as may be established by the Commissioners. By virtue of and in pursuance of the authority thus conferred, said Commissioners leased to the Alameda Ferry Company, which was substantially the same company as the defendant, a certain wharf, being a portion of said city front, for the period of three years, free of rent or charge; by which lease it was, however,