Joseph McKenna

“ Whatever of legal power the state of California may exercise over its municipalities has received decisive definition in many decisions. The cases are quoted by the supreme court in the case at bar. Whatever power the United States may exercise, or, by refraining from exercising, yield to the state of California to exercise, has long been decisively settled. ”

“ The contentions of the parties are in part made to turn upon the kind of right the city of Monterey derived as the successor of the pueblo of Monterey, whether proprietary or in trust, and, because in trust, subject to the disposition of the legislature of the state. ”

“ If the United States was, as contended, a paramount sovereign, and, as such, possessed the power to direct the trust to which pueblo lands were subject, it did not do so, but conveyed land to the 'city of Monterey, its successors and assigns.' In other words, the conveyance was made to a municipality of the state of California,-a creature of the laws of the state and subject to the state. ”