The San Francisco call., 1909-09-21
TITLE TO TIDE
LANDS HINGES
ON DECISION
Supreme Court Considers Case
Which May Change Owner
ship of Water Front Lots
Attorney General Argues That
All Tide Land Property Is
Vested in People

xre state supreme court took a case
8nder consideration yesterday that may
result IN the ejecting of thousands of
,oiders OF TIDE land titles. years of liti-
CATION in the courts. and new con-
-eption Of the ownership of tide lands
in California and the whole United
states. Attorney General L s. Webb
declared before the court. in arguing
for the refusal OF an application for
The hling of tide land titles. that the
ownership Of all tide lands comprised
between the high and low tide marks
was vested only in the people of the
state and not, as has been the undis-
puted ruling in this state since It's
formation. in the government of the
state The attorney general contends,
therefore that the people have SOW
ereign title TO the tide lands, and that
the state government. the Legislature.
can only hold these lands in trust for
The people.
MEANS MUCH FOR STATE
This contention of the attorney gem
eral means much for California Not
only san Francisco. but Eureka. VAL
ie5o. san Diego and. especially San
f'eCro. find themselves sadly lacking
in the necessary room TO accommodate
the increasing demands Of marine COM
1aerce and fishing. owing to the fact
that the Legislature has sold these tide
lands without forethOught- Now comes
Attorney General Webb with the state
ment that the legislature has not had
The right 10 do so.
The occasion for Webb's battle is
the long contested affray between
James Messenger Of Martinez and Sur
veyor General ". s Kingsbury- Mes
senger won in the superior court of
Contra Costa county an order compell-
iuc King sbury 10 file the deeds TO some
tide lands along Suisun bay that Mes
SenSer lad purchased Kingsbury ap-
DeaTed the case however. and the dis
trsct court Of appeal upheld the lower
corrt's ruling. Then because the case
Is one of such tremendous Importance
The supreme court granted a rehear-
ius and Webb supported dIingsbury
with his startling theory as to the real
Efle 10 tide lands
RIGHTS VESTED IN PEOPLE
The legal title 81 these lands. it IS
true. is in the state. the attorney gen
ersl said. but the beneficial use there
of - reserved TO the people; that is.
while the legal title rests IN the state.
the state holds such lands in trust for
the people.
1T is as true today as Il was 100
wears ago. although this truth OF late
seems 10 have been frequently lost
sisht or that sovereignty in this eoun-
ffy rests in the people. and these lands
are held by virtue of such sovereignty.
and the state as 2 convenience Of gov
ernment has been made the trustee of
these lands and charged with their
aGrninistra tion-
1T is however. Of tremendous i'm
7ortance whether a principle be laid
6oWn in this case. under which the en-
rire water front of this state may pass
.uto private ownership. II is of vast
moment whether the people Of this
state. in their sovereign capacity, still
retain their interests in these waters
and the land under them. or whether.
by vague and indefinite acts of the
legislature. il be held that they have
beer stripped Of this heritage.