The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-13

Schmidt the Legislature of the State of Califor-
| MIA had reserved from sale all portions OF the
| city and county of San Francisco required for
streets and roads; that part of this rock Is In
street. and to that extent Is now the property OF
the city without purchase from any source.
FifIh-Ny opinion Is that the State OF Califor-
| MIA obtained no title whatsoever 10 said Sbag
Rock as school land, and, therefore, could not
| have conveyed any title TO any person as school
| land, as the law of Congress- providing for the
| setting apart OF Sections 16 and SO of each
township for school purposes did not apply TO
| the county of San Francisco.
Skill find that Shag Rock always has been
and still Is an island in the bay OF San Fran
| cisco and at no time does the tide recede sum
| ciently so that there is bare land from the rock
| 10 the mainland; that all Islands In the bay OF
| San Francisco were reserved for military pur-
poses by the United States and such reserv alton
| had the effect of including this island.
SEVENTH further find that said island was
| never sold as tide land, and If II had been such
sale would have been absolutely void for the
reason that Shag Rock never was tide land and
|, therefore did not come within The provisions Of
| Eighth-That by the treaty OF the admission OF
aliiOrnia the United States reserved the tile 10
| all Government land and thee has been no act
| OF Congress that can find which has The effect
| of granting 10 The State any land In California
| below low-water mark, and there Is serious
question as to whether or not the State ever did
! or could have The right to sell 10 private parties
| any supposed land covered by the waters OF the
ocean OF bay at extreme low tide.
NinIh-That San Francisco being pueblo
| under the Mexican law, and being surrounded
| by claimed Spanish grants. the Stale OF Califor-
within the city and county or county OF San
| Francisco as school lands.
Teuth-Therefore my opinion Is that the claim
OF title of A. w. Won Schmidt 10 Shag Rock Is not
good aud that The city and county o! San Fran
cisco. by virtue OF the patent executed by The
United States to the city and county, became the
absolute aud unqualified owner OF Shag Rock,
provided the same Is within the exterior boun-
dalies OF That patent.
Eleven.h-This opinion is not Intended to ap-
ply 10 Mission Rock, for the reason tilere may
be some special act> of the Legislature aud Con.
Tsrlf nsF
In this short opinion il is impossible for me to
refer you 10 the authorities bearing upon this
an immense amount OF labor, therefore l have
simply given you my conclusions upon the law
which which have read and examined on the subject.
Yours respectfully, W. III. h. HART,
Attorney-General of California.
ACTION OF COMMITTEE.
The Senate Committee on Judiciary in
spite OF the vigorous protest of the Federated
Trades, to-nishtf voted TO report fayorably
on the bill providing for the licensing of
private detectives and the establishment Of
detective agencies in the State. The COM
mittee also recommend the passage of the
Dill providing Tor appeal TO the Supreme
Court from Judgment of conviction, which
stays execution of judgment in capital cases
and in all other Cases when the defendant in
giving notice OF appeal, demands such stay:
the bll! authorizing persons having claims
TO sue the State or county; the bill creating
the ONCE OF attorney for the Board of
11tditu VI Cdu IIduclStOt luG Ulll DIOYlul0G
that court must NIX reasonable fee for a
lawyer appointed to defend a criminal; the
Dill 10 establish boards of commissioners
Tor the parole of prisoners the bill provid-
Ing tlat divorce shall not be granted unless
the plaintiff has been resident of the State
one year and the county three months; the
Dill providing that Il judgment that the
defendant pay fine may also direct that he
be imprisoned until the fine be satisfied
the blli authorizing cities to acquire by gift,
purchase or condemnation water supply
Tor the Inhabitants; the bill making 1t
mlSdemeanOr TO advertise to obtain a d.
vcrce, or to aid therein; the bill requiring
persons buying land at a tax sale to notify
the former owner Of his purchase by pub
uShlng the TACT IN a newspaper.
THE FIRE BILL IN THE SENATE.
AT conference of the Administration
representatives tonight it Was decided to
Introduce Bert's substitute for the Grim
MINIS Fire Bill, which the Ii ouSe rejected in
the Senate, and there renew The fight.
Colonel Burns is confident that the ad-
nlnlstratlun bill will pass the Senate, as
many OF It's members, including the ablcSt
speakers, are adnIiniStIationists. Colonel
Burns admits defeat in the House, but
has not given up the fight Bert explains
The defeat by saying the time between the
votes was too long. Rainey held Notification
meeting IN hotel bar room. 1t Is rumored
the result Of the contest has been cabled to
Buckley.
APPROPRIATION RECOMMENDED.
The Assembly Committee on Ways and
Means held an executive session, ID ibbe
presiding, and General Mathews of Los
Angeles and Major Phillips of San Fran
cisco, both members of the committee, pres
emit 1t was unanimously resolved TO lecom-
mend that SI0,000 be placed in the General
Appropriations Bill for division encamp-
ments of the National Guard. This is $40
600 more than the last Legislature appro-
priated.
The committee will also recommend that
$4,000 be appropriated for the work of the
Forestry Commission, as the committee is
satisheu that previous appropriations for the
commission have been judiciously and
economically expended. This appropriation
Is to he devoted solely for the protection OF
forestry. The committee decided to make
an appropriation for all agricultural fairs, as
from information received from the State
Board of Equalization they are satisfied it
can be done without passing the 50-cent
limit. The committee will make no appro-
pTiation for inSuring the buildings OF the
orlnal School at San Jose, nor Tor making
provisions fUr additional instructors.
THE ANTI-BoYCoTT BILL.
The Sacramento Board OF Trade at a
special meeting this evening discussed Sena-
tor CampbelI's Anti-Boycott.B in execu:
tive session and unanimously recommended
its passage, and requested the Sacramento
representatives to work for it