The San Francisco call., 1908-12-27

wv Dtoa0 DOCKS OF land facing
on the ocean beach south OF
the Clin shouse site. three
north and two south OF the
western end OF Golden Gate park, and
valued at half million dollars. will
eventually revert in title to the city
10 become part OF the great highway
under a nopinion of the supreme court
under an opinion OF the supreme court
and concurred in by his associates on
the bench.
The far reaching decision was hand
ed down in the suit brought by Emma
l. Merritt ct al. as executrix for the
estate OF Adolph Sutro, deceased
against c. J. Barta and others, to Sc
cure title to a piece of land in the
triangular block bounded by I and J
streets and Forty-ninth avenue and
the Ocean boulevard. The Sutro title
TO the land was based on deed Sc
cured from Paul Rousset, which. in
turn, was backed by a city deed is
sued by the board of supervisors in
. accordance with the William P. Hum
phreys map Of the city approved
october %. 1870.
Both Litigants Lose
Both plaintiff and defendant in the
suit lost before the highest state court
and the city. which did not originally
appear in the suit won out on brief
later prepared by City Attorney Percy
y Long and Assistant City Attorney
-sdolphus Z. Graupner. While the rul-
Ing OF the court necessarily applies
only TO the parcel of land in direct
controversy. the effect of the suit viii
be to nullify the titles OF claimants to
AT the I'VE blocks. The three blocks
north or the park are owned by the
A. p. TIotaJing estate company. and the
two to the south are held by the Sutro
interests.
The lines OF the Humphreys map af-
fecting the boundaries of Forty ninth
avenue and the Ocean boulevard are
abrogated by the decision and the map
.of outside lands. adopted by the board
OF supervisors subsequent to the re-
port Of the outside lands commission,
in July. 1858. and confirmed by the
legislature, is established as the au-
thority for street lines. Under this
earlier map the great highway shall
extend in width from the easterly line
of Forty-ninth avenue to the Pacific
ocean. giving the city a magnificent
park site facing the Pacific.
: May Now Remove Resorts
=: Thus does the supreme court lay the
Foundation for sweeping away the re-
= sorts. saloons, dance halls and smaller
concessions from the beach line and
clearing the broad expanse. to be con-
-verted INFO a splendid esplanade, free
from the litter OF unsightly frames and
tawdry paviIions- Assistant City Attor-
ney Graupner said that the city attor-
ney's ONCE would Immediately begin
eJectment proceedings to secure possess
sion Of the land in question.
Best known among the resorts that
line the beach from the bluff of sutro's
heights southwark are the Seal Rock
house, conducted by Mrs. Louise Muir
saead: the ocean Beach pavilion. nu-
merous candy and fruit stands in 3
street abutting on the terminal Of the
II street and Forty-ninth avenue car
line; Ivy inn, between b and C street
on the Ocean boulevard; the Olympic
salt water pumping plant and Sheehan's
roadhouse at the corner Of the boule-
ward and Fulton street. All that prop
.ertx is owned by the Hotaling estate
and brings a brisk income into the
strong chests Of Richard NJ Hotaling,
actor and dramatic critic.
CarviIIe Is Involved
The United States life saving station
is on government land, especially dedi-
cafed for that purpose and set apart
from Golden Gate park. Below II street,
the southern limit OF the park, the
sutro property is rented to various
tenants. including Mrs. Gum. who con-
ducts a unique restaurant on the beach.
2ad several people leasing cars con-
tied into dwellings.
= There is frontage OF 5000 feet
on two streets, the boulevard and For
ty-ninth avenue, or 5000 feet front in
ali. involved in the entire property.
The blocks with the exception of the