population exceeded two thousand and that a majority of the qualified electors had signed the petition, the court would declare the town incorporated as a city. In no case was a city to have more than four square miles of territory. All incorporated cities were to be governed by a mayor, a recorder and a common council consisting of not more than twenty nor fewer than seven members, a city marshal, a city attorney, an assessor, and a treasurer. The number of councilmen to be elected at the first election was to be determined by the Legislature or by the county court. A residence of thirty days in the city was required both to hold office and to vote. The duties of the various officials were given at some length, and provision was made for the city council to create other offices when necessary. The direct taxes imposed by the city council were not to exceed "two per centum of the valuation of property within the city." 1

It will be remembered that the bill brought forward in the Assembly December 28th on the incorporation of Sacramento was referred to the committee on corporations with instructions to inquire into the advisability of establishing a general law on the subject of incorporated cities and villages. The committee's report did not recommend the adoption of a single general law for the incorporation of all cities and towns, but rather discouraged the enactment of such a bill. They did submit a bill, however, which they believed would "afford to almost all the villages and towns

1 Statutes of California, 1850, 87-91.

2 See above pp. 298 and 299.

te a charter suited to their circumstances." 1 The e's report was accepted, and from their recommenme the "act to provide for the incorporation of assed March 27th.

this act any town or village with a population of red or more might be incorporated by the county the county in which the town was situated when ity of the electors of the town petitioned for such ion. Those towns desiring incorporation before ization of county courts should send petitions to nor, who was given authority to act on such petino case was the area of a town to include more e square miles. The corporate powers of all such e to be vested in a board of trustees to consist of ers who were to be elected on the first Monday in ch year. A detailed account of the duties and reies of the board is outlined in the bill.2 They e similar to those of the city council: that is the to constitute the legislative department of the rnment. With the trustees were to be elected a an assessor, and a marshal, the last named to serve ax collector. The board of trustees was to provide ffices when necessary. Any town might be disinI upon the petition of three-fourths of the legal such town. Like incorporated cities, such towns and were subject to be sued in all courts.

of California Legislature, 1850, 643-44. California, 1850, 128-31.

Other Acts Passed by the Legislature

While those already considered were the most important acts passed by the first Legislature dealing with the establishment of state government, they by no means constituted the entire work of that body. Many others pertaining to various subjects were enacted. An act providing for the appointment of pilots for the different ports and harbors of San Francisco; an act creating the office of state printer and defining his duties; an act providing for the safe keeping of the public records; acts affecting the purchase of all necessary furniture, the rental of rooms for different state officials, and the erection of court houses in the different counties; an act to regulate elections; acts governing corporations and authorizing the formation of limited partnerships; an act for the creation of marine hospitals; an act defining the duties of the state librarian and prescribing rules for the government of a state library; acts providing for the organization of militia, for the inspection of steam-boats, for the upkeep of roads and highways, for the incorporation of colleges, to take the sense of the people on the permanent location of the seat of government,1-these and many others. In all one hundred and forty-six acts and nineteen joint resolu1 Statutes of California, 1850.

A permanent capital was not provided until 1854 (Bancroft, History of California, VI, 321-325). The inadequate facilities provided for the accommodation of the first Legislature by the citizens of San José led to an early agitation in favor of providing a permanent seat of government elsewhere. As early as December 21st, Woodworth gave notice that he, on the following day or at some future time, would introduce a bill to provide for the removal of the capital to Monterey. (Journals of California Legisla

ture 1850 201 The subiect did not assume definite form until April 2

ed the two Houses and were signed by the Governor December 15, 1849 and April 22, 1850. The numcharacter of these in themselves afford adequate of the high ability, sincere earnestness, and faithry of the members of California's first Legislature. that day Broderick, from the committee on public buildings , presented a bill entitled "an act to take the sense of the people a upon the subject of the permanent location of the seat of "It was accompanied by a "memorial" from Vallejo and by from the citizens of San José, Monterey, and San Francisco. Vallejo proposed, if the Legislature would establish the Capiwhich he owned "upon the straits of Carquines and Napa river," city to be called "Eureka or such other name as the Legislature st." Further, he would give to the state, as soon as the Legislad his offer, fourteen different sections of land to be used for varildings and institutions, the total grant amounting to one hundred acres. In addition he would give twenty-two different sums of e used for as many different specified purposes, and ranging in 1 $3000 to $125,000, the total being $370,000. San Francisco ofgs and grounds such as the Legislature might select, providing d not cost more than $100,000. Various citizens of San José oftracts of land aggregating several hundred acres, and the muniities of Monterey made an offer of the building used by the ConConvention together with all necessary land for erecting public The committee recommended the acceptance of Vallejo's proZ., 498-510.)

offer was accepted by the people also, and the second Legislature ejo, but adjourned to San José after a few days because of the and lack of hotel accommodations in the former place. A little was passed making Vallejo the permanent seat of government d Legislature assembled there. After a few months, however, ed to Sacramento "to procure such accommodations as were y necessary for the proper discharge of their legislative duties." 1852, the capital was again removed to Vallejo. In 1853 an act making Benicia the capital. The fifth Legislature met there in February of that year again located at Sacramento. Here it d. The judiciary, however, fought the matter for more than a

CHAPTER XVI

THE LAND QUESTION

To enact statutes providing for the incorporation of cities and towns was easy, but to put such laws into operation, in some instances, was more difficult. This was due to the insecurity of the land titles in some of the cities. It would be out of place here to attempt to give even a general account of land disputes. A settlement of the various claims which arose was not made until several years after the state government was put into operation. A very brief summary of the origin of these disputes may be of value, however, in order that the reader may understand something of this important problem which awaited solution.

Spanish and Mexican Grants

Under Spain and Mexico it was not difficult for citizens to obtain land grants. It may be remembered that the Spanish occupation of 1769 was a colonization scheme, the presidio being a temporary device to protect settlers, and the mission, an expedient to prepare the natives to become settlers and citizens. Ultimately California was to be a country of towns and farms occupied by the descendants of soldiers, civilized Indians, and settlers from various foreign

Countries Three nueblos were founded and naturally the