New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-21
New4lork Daily Gribn,m.
FROM CALIFORNIA.

From Our Own Correspondent
SAX FRAYcIsco June Is, 1860.
San Frapeisco has another excitement. The Peter
Smith title bas been demolished by the State Supreme
Court. There are 20 many Caiiorniaus among your
readers and the care has occupied zueh prominent
Mace in California during the last nine years. That
auires more than lne in this letter. IL 1917 Dr. Peter
Smith was physician Of the City Hospital and became
the creditor Of che CITY TO the amount Of aoou sJOoOO
sbe did not nav hin punctuay; 20 he sued her, got
Indictment and levied on large amount OF Iand sup
posed 10 belong to her, The Guys title 10 this and
as sod sv tho Sheriff under this execution 10 various
purchasers for very low price. Little attention was
maid to the matter al the time, but after the sale the
persors previously possession began 70 get scared
and they induced the Sheriff 10 refuse TO make tlte
under the sale The purchasers orOugal sit anu 'At
ease was decided about Elk years ago III favor o. the
purchasers " tie effect that the Peter smith Judg-
nents, execution, and sale, were wand ana lh11 tIe
purebasers were EMU led To a oeed conveying all The
cify's interest in the land The purchasers, or feter
Smith men, e. they we're called, were not In posses
sion and the squatters would not leave without being
elected by process Of land. The Peter Smith men sup
posed thai they were certain OF na judgment In theH
avor and postponed their eectment suit IN tue hope
of making some compromise with the squattefs, but
finding their oere rejected they brought the suit which
has iust been decided. The opinion in the fret
covers 2O5 pages OF manuscript and concludes by al
fiYuipC the following propositions:
Fi,T That Ss sr4csco At the date Of the conquest and
s..io n, a. Hloia AID long prior that Pueblo
tia~d % sd po.ssug al t right which the las conferred
vtop saeh q nncipsl organizations
go Tbn slch P0eol0 nsd certain right title the
IsId, within IL general nlis and that the portions Of such
Lc bad been st apart o. adcsed 70 coEon use
or s cA purposes could BE- gned N lots By Us municipal
oassers 20 DIis ste persons Ia full ownership
TAd That he authority 70 grant sueL ~ WA vested In
The aud Ia the Alcades OF 9tl. yeI who AZ
ths time represented II Who had 'ueceeoeo 70 " ana
ebes'ioDs LII - - -
SonTt That the powers such officers which hAa been con
hruaed by proper authority TO mske such grant ~ ~ ~
pended or changed by the OF by the conquest a. .,
FOd Inst the official acts Of such officers n tnt oVuoo
their ordinary accustomed duties vi hin ths eha
soop Of their powers here defined and explained vi" w ~
sun I'd to h4ss been dOne By lawful Authority ~ c.
hizth That these muripal lands 70 which me CITY %
frxDseo for the pubic use OF u
city and under the old Government OF the new" INV
subject Of seizure sale under execution. -.
bsrenn That this property and tbess trusts were pubic shd
municipal IN ir and within the control end super
vision Of the state eighty and that the Federal Govern
sBent had o such control or supervision 49,
LAa Thai the Act Of the State Legislature OF March lsSs