by the wharfinger, and shall also haul or change berths at their own expense, by his direction. All goods landed upon the wharf and taken from thence in lighters or other conveyance (excepting such as shall be carried by the toll station, and there pay the foregoing rates of toll), shall pay twelve and a half cents per ton wharfage. All goods landed upon the wharf from lighters shall pay twenty cents per ton wharfage. All goods received or discharged by vessels (lying alongside of the wharf) from or into lighters, shall pay twelve and a half cents per ton wharfage. No merchandise will be allowed to remain upon the wharf over night, without permission of the wharfinger, and then only at risk of the Hay, when landed on any wharf, and remaining thereon for a period not exceeding forty-eight hours, shall pay wharfage at the rate of twenty cents per ton, and the same rate for any additional twenty-four hours or fractional part thereof. For every week or fractional part thereof, after the first week, an additional charge of above rates will be made. All goods remaining on the wharf after the owner or consignee has been notified to remove the same, will be removed by the wharfinger at the expense of the owner. Parties holding portions of the water front under lease from the Board. of State Harbor Commissioners are obligated to charge and collect the above rates. SPECIAL COUNSEL. REPORT. SAN FRANCISCO, September 30th, 1869. TO THE BOARD OF STATE HARBOR COMMISSIONERS: Since my last biennial report no new suits have been commenced, and none have been finally disposed of. There remains in my hands only the following cases: The People of the State of California vs. John G. Klumpke and othersThis case is yet pending in the Supreme Court, upon the appeal of the defendants. It has once been affirmed, but upon the application of the defendants a rehearing has been granted, and it will probably be re-argued at the next term, No opinion was written on granting the rehearing, and I am unable to inform you upon what precise point the action of the Court was founded. Same vs. Steamer Moses Taylor and Steamer America.-Two actions, identical in character, originally commenced and successfully prosecuted in the State Courts, and appealed by the defendants to the Supreme Court of the United States. They will probably be reached and argued next winter. As I have before advised you, I have placed the cases in the care of able counsel at Washington, who have, as yet, received no compensation for their services. Adolph Weber vs. The Board of State Harbor Commissioners, and others.This is an action in the Circuit Court of the United States, growing out of the improvement of the water front between Market and Commercial streets. It is probable that it will be reached and tried at the next term of that Court. My resignation, to take effect October first, having been accepted by you, and my successor appointed, I shall, to-morrow, deliver to him all the papers in my hands pertaining to your business. Having been your counsel from the first organization of your Board, a period of about six years, and, as such, charged with the care of actions involving property of the value of several millions of dollars, I cannot close my last official report without thanking you for the uniform kindness and courtesy that At the second regular meeting of the Commissioners, held on Wednesday, June twenty-second, eighteen hundred and sixty-eight, notices from the Southern Pacific and Western Pacific Railroad Companies, accepting certain grants or donations of land, consisting of thirty acres each, exclusive of streets, basins, public squares and docks, lying southerly from Channel street, and outside the "red line" of Mission Bay, in the City and County of San Francisco, for terminal purposes, in conformity with the fourth section of the Act afore mentioned, were received and ordered spread upon the minutes of the Board. |