1. Public Lands — 'tide Lands tn California- -Title of State.

The title which the United States acquired from the republic of Mexico, by the treaty of Gaudalupe Hidalgo, to the lands under the tide waters of the Bay of San Francisco, passed to the state of California on its admission into the Union, subject to the paramount right of navigation over the waters so far as the same may be required by the necessities of commerce with foreign nations or among the several states, the regulaton of which remains vested in the United States; and the state became thereby vested with the right to use any of such lands, or to grant to others the right to use them, in any maimer which would aid, or would not impair, the use of the waters for the purposes of commerce and navigation.

3. Same, — Validity of Grant by Statu — Islands.

The state of California, under Act April 4, 1870 (St. Cal. 1869-70, p. 801), granted to an individual certain submerged lands in San Francisco Bay, about 14 acres in extent, and surrounding Mission Bock and another small island near it, on condition that the grantee or his assigns should, prior to the issuance of the patent, have constructed “a marine railway or dry dock at said Mission Bock,” which was a rocky island, devoid of soil, having an area of .14 o'f an acre above ordinary high-water mark. The other island was similar, but still smaller. The grantee conveyed the lands to a company which filled in portions of the submerged lands immediately surrounding the islands, increasing the available area to about 4 acres, upon which it built extensive warehouses and wharves for the accommodation of shipping, which it lias ever since maintained and used; the limits of its docks and improvements having been established and prescribed in 1890 by the United States harhpr engineers, with the approval of the secretary of war. In 1899 the president issued an order declaring the islands permanently reserved for naval purposes, and subsequently the United States brought an action against the dock company to recover possession of all the lands claimed by it under the grant from the state, including the islands, with damages for their detention and their rental value while used by defendant. Held, that the grant made by the state, so far as it related to submerged lands, was within its powers and valid for the purposes for which 'it was made, and for which the lands were used, and so long as it remained unrevoked, and the lands continued to be used in aid of commerce and navigation in conformity to the hsfrhor regulations, the company could not he ousted from its possession, but that such grant conveyed no title to nor right in the islands themselves. which, never having- been granted to private parties by the authorities of Spain or Mexico, by the treaty of cession became and remained public lands of the United States.

3. Same — Act Relinquishing Title to City of San Francisco — Construction.

By Act July 1, 1864 (13 Stat. 332), the United States relinquished to the city of San Francisco its right and title to all lands within the corporate limits of the city, for the uses and purposes of an ordinance previously adopted by tbe city and ratified by tbe state, which granted and relinquished tbe right of the city in such lands, with certain exceptions, to tbe parties in tbe actual possession thereof, for whom tbe city held tbe title in trust through proceedings under tbe prior act of congress of March 3, 1851 (9 Stat. 631), for the ascertainment and settlement of private land claims in California. Tbe purpose of tbe later act Was to confirm tbe titles of such private owners under tbe city grant and tbe title of tbe city to tbe lands reserved for public purposes. It excepted from tbe relinquishment such lands as were then occupied by tbe government, and “such other sites or parcels as may hereafter be designated by tbe president of tbe United States within one year after tbe rendition to tbe general land office by the surveyor general of an approved plat of tbe exterior limits of San Francisco.” No such' plat was ever filed or . rendered to tbe general land office. Meld, that such act did not operate to relinquish tbe title of tbe United States to certain rocks or islands in tbe bay, then a half mile from the shore, and wlfiich, while within tbe exterior limits of tbe city, were not within any of the uses or purposes designated in tbe ordinance, and were neither claimed by any private person, nor occupied by tbe city.