Oliver Wendell Holmes, Jr.

“ The United States interprets this as a reservation of power against all persons, as one of the servitudes to which the Carillo grant was subject, and as a sovereign right to which it succeeded when the land became territory of the United States. We cannot accept so broad an interpretation. ”

“ The Mexican map is not in the record and is not material since the plat accompanying the patent of the United States shows the line marking the 'Anchorage for Ships,' which includes the tide lands in dispute.
The jurisdiction of the decree and the validity of the patent so far as they cover the tide lands is denied by the United States, a special reason being found in the fact that California became a State in 1850 and thereby acquired a title to the submerged lands before the date of the decree. ”

“ It is hardly credible that section five should have been intended to reserve the right to displace private owners, and wholly incredible that it reserves the right to do so without compensation, especially when it is noticed that by the law of April 6, 1830, the value of lands taken for fortification, &c., is to be credited to the States. ”