Floyd

The grave question presented on this appeal, is whether, on the facts stated in the complaint, the Act of March 26th, 1851,. (commonly known as the Water Lot Act, Statutes 1851, p. 307) and particularly the fourth section thereof, constituted a valid contract between the State on the one side, and the grantors and predecessors in interest of the plaintiffs on the other side, which, *43 in its legal effect, established the water front of the City of San Francisco, as defined by the first section of the act, so irrevocably that it can never be changed or enlarged to the prejudice of the plaintiffs’ beach and water lot and the diminution of its value, without the consent of the plaintiffs or their successors in interest ? If the affirmative of this proposition be maintained, the result will be that the water-front line, as defined by the first section of the act, can never be modified or enlarged to the prejudice of the plaintiffs or their successors in interest, or of any other holder of a beach or water lot similarly situated, without their consent, however urgently the necessities of commerce and the interests of the people may demand the change. But while this would afford no…