MAY APPLY FOR, A WRIT OF REVIEW Law Department of Southern Pacific May Reopen the Case. COULD INTERESTS ARE BUSY Their Next Move Will Be to Force Condemnation Suits. The Southern Pacific practically admits now that the Western Pacino has gained access to deep water on the Oakland side of the bay. The next legal move of the Western Pacife will be to force through condemnation sult, now and show that it has real need for right of way about 1000 feet long across certain tract of Southern Pacific land In the western part of Oakland lying between the Western Pacide'a terminal property and its prospective mole, to be built alone the north training wall of the estuary. Mean while, the Southern Pacific' law department seriously considerIng an application for writ of review. a legal procesa which would be tantamount to an appen! to higher court, although not technically called an appeal from the Circuit Court decision. This writ of review would question the jurisdiction of the Circult Court of Appeals, and reopen, the sase in the United States Supreme Court. which would then have to recognize or Ignore the low tide line of the year 1862, as the western boundary of Oakland. When the Legislature originally gave Oakland charter it defined the western limit the low-tide line. At. the same time 1t gave the town corporation the privilege of building wharves along its water front. In conof some school concessions the town of Oakland allowed one Carpentier to have the whart-butiding privilege tot term ot thirty years. This man also acquired large bodies of land along the Oakland water front. Subsequently Carpenter title to the lands passed. to water front corporation, and his privilese. to build wharves was also transferred. SIMPLE TRANSITION. The Southern Pacific is now In possession of a great deal of the land that Carpenter owned along the waterfront It was Carpenter's land in fee simple, and there no dispute to his right to sell it, but the privilege to build wharves was granted by Oakland for period of thirty -seven years only, and that privilege expired In 1890. John E. Foulds, one of the Southern Pacino lawyers, explained the situation yesterday in this manner: "Carpentier had the privilege to build wharves. The Southern Pacino came into possession of that privilege, and It built wharves. But. when the term of the Carpenter privilege expired In 1890, these wharves instantly ceased to be wharves. They were no longer anything like wharves. They were roadbeds for railroad. They were, not there for general wharfase purposes, but simply for the exclusive uses of the railroad, and not open to the public for the landing and shipment of freight in general merchant vessels." Neither the Southern Pacific nor any other waterfront corporation has heretofore recognized or observed the western limits of Oakland me the low -tide line defined In 1852, when Oakland Was given its town charter. The tide line varied from hour to hour and from year to year. In 1852 the low -tide line was out about 1900 feet from the shore line and it curved. In quite close to the shore line, as it approached the channel now known as the estuary. BELONGS TO OAKLAND. Years ago the Government engineers outlined compromise low-tide or bulkhead line, which was roughly half way between the old law-tide line of 1852 and the new low tide line of later years. This bulkhead line, the ImasInary line to which owners of shore property could 111 In with solid substances. out further than most of the low-tide lines. But back of this bulkhead line and adjacent to the north training will in a big triangular area of tide land formed by the Inward curve of the low -tide line of 1852 toward the mouth of the estuary. It now appears from the Federal Court decision that the space between the lot line of 1852 and the present bulkhead line really belongs to the city of Onkland, and not to the Southern Pacific at all, although the Southern Pacide has been claiming the whole area. As the Western Pacifie's proposed mole was to be bullt through this triangular area of Oakland tide land, the entrance upon that land in no longer any concern of the Southerh Pacific. The city of Oakland is the owner and or may not let the competing transcontinental railroad secure adequate terminal facilities beyond the On kland shore. The next move for the Western Paeific to make to invoke the right of eminent domain, and prove that In approaching thin tide land and the company's proposed mole 1t has need" than the Southern Paeffle to use a certain narrow strip A 36 at P. 11. of