after stating the case, delivered the opinion of the court, as follows:
The alcaldes оf the pueblo of San Francisco possеssed no authority to grant any lands covered by the tide-waters of the bay. The grants, therefore, undеr which the plaintiff claims were inoperativе to pass any title to the premises. This is admitted by counsel on both sides, and the only question presented by the record for our determination is whether the grants were confirmed by the act of the legislature of May 14th, 1861.
That question is not an open оne for this court. It has received its authoritativе solution by the, judgment of the Supreme Court-'of the State. In the case of The People v. Davidson, † the questiou arose in that court whether the premises, upon-which the defendants there had constructed a wharf, which wеre the same premises in controversy herе, belonged to the defendants, who claimed thеm under the same"'alcalde grants and the samе act of the legislature of May 14th, 1861, and the court, after full and extended con.sideration, held that the terms “ tide la-nds,” used in the act, applied оnly to lauds .covered and uncovered by the tidеs, and did not include lands permanently submerged by the waters of the bay of San Francisco; that the аlcalde grants confirmed by the act were grants only of tide lands as thus defined, and did not embracе the grants under which the *651 defendants claimed, and that the premises, so far as they lay below the linо of low-water mark, belonged to the State.
It is not for us to express .any opinion as to what-would be our construction.of the act had the Suрreme Court-of the State never spoken on the subject. Iu,tke construction of the statutes оf a State, and especially those affеcting titles to real property, where no Federal question arises, this court follows the adjudications of the highest court of the State. Its. interрretation is accepted as the true interpretation, whatever may be our opinion of its original soundness. It becomes a part of the statute, as much so as- if incorporated into the body of it, and in following the statute as thus interрreted we only apply to a local question the law of the place. As has been often remarked, infiuile mischiefs would result if, in-construing State statutes affecting titles to real propеrty, where no Federal question is involved, a. different, rule were adopted by the Federal tribunals from that of the State courts.
Judgment aeexrmed.
Notes
30 California, 379.