station at Point Lobos, overlooking the ocean, from which, on a clear day, vessels may be distinguished many miles distant. This station is in full view of that on Telegraph Hill, which, receiving early signals from it, communicated them at once to the citizens, who were thus apprised of the arrival many hours before the vessel entered the harbor. The electric telegraph is still another improvement, and increases materially the facilities previously afforded by the method of signalling. Occasionally heavy fogs prevented the signals from being intelligible, or even seen, which difficulty is measurably obviated by the electric telegraph. The proprietors have also established in Sacramento street, near Montgomery, a Merchants' Exchange, supported by subscription, in the spacious rooms of which are always to be found the latest papers from all parts of the world. These enterprises have proved exceedingly lucrative to their projectors.

CHAPTER XXVI.

1853.

Important legal decision of the Supreme Court confirming Alcaldes' grants.-Burning of the St. Francis Hotel.-Opening of the telegraph communication to Marysville.-Lone Mountain Cemetery.-Anniversary of the day of St. Francis.-The Mission Dolores.-The Spanish races in California. The Custom House Block.-The steamship Winfield Soott wrecked.-Election of officers of the Fire Department.-The Sonorian Filibusters.-Opening of the Metropolitan Theatre.Great sales of water lots.-Montgomery block.

OCTOBER 13th.-The most important decision ever given by the Supreme Court of California was pronounced to-day in the case of Cohas vs. Rosin and Legris. Previous decisions both of this and the lower legal tribunals had established principles which unsettled the city titles to nearly every lot of ground within the municipal boundaries, and mightily encouraged squatterism. By these decisions, one title had just seemed as good or as bad as another; possession being better than any. The alarming consequences of these doctrines forced both bench and bar into further inquiries and minute researches into the laws, usages and customs of Spanish or Mexican provinces and towns. The new information thus acquired was brought to bear upon the suit above named, where principles were evolved and a precedent formed of the utmost consequence to the community, and which have nearly settled, though not quite, the "squatter" questions. The decision was pronounced by Judge Heydenfeldt, and was concurred in by Chief Justice Murray (although upon somewhat different grounds) and Judge Wells. Without entering upon the merits of the particular case in question we give the "conclusions" come to:

"Firstly, That by the laws of Mexico, towns were invested with the ownership of lands.

Secondly, That by the law, usage and custom in Mexico, alcaldes were the heads of the Ayuntamientos, or Town Councils, were the executive officers

of the towns, and rightfully exercised the power of granting lots within the towns, which were the property of the towns.

"Thirdly, That before the military occupation of California by the army of the United States, San Francisco was a Mexican pueblo, or municipal corporation, and entitled to the lands within her boundaries.

66

Fourthly, That a grant of a lot in San Francisco, made by an alcalde, whether a Mexican or of any other nation, raises the presumption that the alcalde was a properly qualified officer, that he had authority to make the grant, and that the land was within the boundaries of the pueblo."

These conclusions sustain all alcaldes' grants in the city, no matter though the alcalde himself had been illegally appointed and had made a dishonest use of his power. By this decisionall opposing precedents having been expressly set aside by the court-many notoriously fraudulent alcalde grants have been legalized; but that seems a small price to pay for the full assurance of title now given to the proprietors of the most valuable part of the ground within the municipal bounds.

OCTOBER 22d.-Destruction by fire of the St. Francis Hotel, at the corner of Dupont and Clay streets. This was a famous house in the history of San Francisco. It was built in the fall of 1849, and in the basement story the polls were held of the

first State election. It was afterwards converted into a firstclass hotel. The structure was composed of the slightest and most inflammable materials; and it had long been matter of surprise that it had escaped the many conflagrations which had so repeatedly destroyed great portions of the city. When, at last, it was consumed, people were not only no whit surprised, but many were absolutely glad that it was so, since the danger of its long anticipated burning spreading to the neighboring tenements was thereby put an end to. The strenuous exertions of the firemen confined the fire to the building in which it originated. The damage was estimated at $17,000. One lodger was burned to death; and several firemen were very severely injured by the flames. The masterly efforts of the Fire Department on this occasion were much praised.

OCTOBER 24th. First telegraphic communication between San Francisco and Marysville. This was the completion of the line of the State Telegraph Company, already noticed. The whole length of the wire is two hundred and six miles; and it was erected in seventy-five days. The rates charged were, and are now as follows: From San Francisco to Stockton, Sacramento or Marysville, two dollars for the first ten words; and for each additional five words, seventy-five cents. From San Francisco to San José, for the first ten words, one dollar, and for each additional five words forty cents.

NOVEMBER. The "Lone Mountain Cemetery" projected. A tract of land three hundred and twenty acres in extent, lying between the presidio and the mission, is to be laid out in a proper manner as a new resting-place for the dead, the cemetery of Yerba Buena being considered, by the planners of the new grounds, too near the city for a permanent burial-place. The new cemetery is located near the well-known "Lone Mountain," situated three or four miles west of the plaza. From the summit of this beautifully shaped hill may be obtained one of the finest and most extensive views of land and water. At the date of writing, very material and expensive improvements are being made upon the grounds, to adapt them for the purposes of a cemetery. NOVEMBER 9th.-The day of St. Francis, the anniversary of the foundation of the Mission Dolores, in 1776. In the pre

ceding pages, occasional allusions have been made to the former grandeur and subsequent decline of this mission. At present, the chief thing worthy of notice about the place is the old church. This is constructed of adobes, and is a spacious building. The exterior is partially whitewashed and is very plain in appearance, although the front pretends to some old-fashioned architectural

decorations, and shows several handsome bells. The capacious interior is dark, cold and comfortless. The walls and roof are roughly painted, and upon the former are several common paintings of saints and sacred subjects. The ornaments upon and around the great altar are of the tinsel character usually adopted in ordinary Roman Catholic churches. It is presumed they are of no great pecuniary value. Public worship is still regularly celebrated in this huge and gloomy temple. The usual audiences are a few women, whose features and dress proclaim their Spanish origin. If any of the fast-thinking, doing and living people of San Francisco could be induced to "pause and moralize a while," there is no spot so fitted to encourage the unwonted mood, as the dismal, silent and deserted interior of the Mission Church.