The San Francisco Call. Newspaper, June 19, 1896, Page 25

g O 22 THE SAN FRANCISCO CALL, FRIDAY, JUNE 19, 1896. L NO SALE OF THE MARIPOSA GRANT, The Rich Owners Perfect- ing a Plan for Its Development. RAILROAD TO HORNITOS A Big Dam to Be Built on the Merced River at Horse- shoe Bend. OLD MINES TO BE REOPENED. Irrigating Canals for the Agricultural Lands—Electrical Power to Be Generally Utilized. State Senator Sam Jones is reported as being on his way to this City as the repre- sentative of his brother, Senator John P. Jomnes of Nevada, and his object is said to be to take immediate measures for the opening and development of the great Mariposa grant, of which the Senator from Nevada is a half-owner. The other owners of the grant are Alvinza Hayward, the Hobart estate and John W. Mackay, who each own one-third of the remaining half. It was erroneously reported about two weeks ago that the grant had been sold to an English party for $10,000,000, but this is emphatically denied by John W. Mackay, who said there was nothing in the report, and he further intimated that an offer of twice that amount would not be considered. The owners, who represent a combined capital of over a hundred mil- lions of dollars, have determined, it is said, to inaugurate development on the most extensive scale on their own account and to throw open the immense grant to agricultural settlers, and to not only place the old mines which have been allowed to sink into decay on a basis that will allow mining on modern Frmcinles, but to open up new mines in _all that portion of the rrant which is included in its mineral elt. The iamous mother lode reaches its fullest development in the Mariposa grant, and over one-fifth of the total area 1s mineral. In the early days Trenor W. Park opened up the Josephine, Pine Tree and Princeton mines, and in less than two vears is said to have taken out over $2,000,- 000. The ore in the Princeton averaged over $150 to the ton of fres milling ore, the reiractory ore and low grade not being treated at all. The Princeton was de- veloped only to a depth of 400 feet by an incline 750 feet in lengtn, and when the mine was shut down there were vast ore bodies developed. The deeper they got the richer they became. The Josephine and Pine Tree mines were less perfectly developed than the Princeton, but the prospects in them were said to be quite equal to that one. It is stated that one of the projects for improving the grant will be the construction of an electric road from Merced to Hornitos, a distance of less than forty miles. This road will ulti- mately be extended to Mariposa, the county seat of Mariposa County. ¢ The Mariposa grant, or the old Fremont grant, as it is sometimes called, was lo- cated by General Fremont early in the history of the State. Fremont secured from the Mexican Government the right of location to eleven square leagues which he at first appropriated on the agricul- tural lands of the San Joaquin Valley, but afterward, when gold was discovered in the country, he surrendered his first loca- tion end transfferred his lands to Mari- posa County, now embraced in the cele- brated grant. His title was confirmed and he was granted a patent in 1855. There are imncluded in the boundaries of the grant 48,840 acres. It isan irregular body of land bounded on the north by the Mer- ced River and has a length from north to south of fourteen miles and a width of twelve. Three towns, Mariposa, Prince- ton and Bear Valley, are located on the grant and in the days of Park were thriving to the highest degree. Now, owing to the total cessation of all mining, these towns afford the most melancholy examples of utter stagnation that are to be found in the State. Fremont sold the grant to an English party for $800,000, who again disposed - of it to a company of New Yorkers, whose experience in managing mines was un- fortunate, and they relinquished their claims to others, of whom the late Peter J. Donahue and Mark Brummagen were partuers. Ultimately years of litigation ensued, and in 1886 the present owners purchased it at a price below $500,000. One of the projects for development is to be an irrigation canal drawing water from the Merced River, from the dam at Horseshoe Bend, and irrigating a great part of the agricuitural lands in the grant. THE ST, GECRGE'S CLUB Prominent Members Are Figur. ing Upon Holding Boxing Contests. William Greer Harrison Is Not in Favor of the Club Giving Pro- fessional Bouts. The St. George’s Club at 317 Mason street is considering the question of professional athletics. In other words, some of the prominent members propose giving a box- ing tournament. With this object in view they are now seriously thinking of con- summating a match between Paddy Slavin and Joe Choynski—that is, provided a li- cense can be got and will be approved by Acting Mayor Taylor, who recently stated that after the Corbett and Sharkey contest he would veté the ordinance recently passed by the Supervisors licensing boxing exhibitions. 5 The 8t. George’s Club is composed in major part of younz Britishers who have an innate love for all kinds of athletics. Now that boxing has taken such a strong hold on the community the St. George’s Club is anxious to be in the swim. Secre- tary Oliver and Ray Brown are sanguine that under the auspices of the .club they represent some very exceilent enteriain- ments can be witnessed occasionally. The members, or at least a large per- centage of them, are in favor of athletic sentertainments. Mr. Oliver has stated that the club is not looking forward to any gain aceruing from a boxing exhibition, On the contrary it does not expect to en- rich its treasury in that way, and the sole object of matching professional boxers is to give the members an opportunity of witnessing occasionally a short series of contests between some of the most promi- nent of the local pugilists. William Greer Harrison, who accepted some time ago at the solicitation of the members the office of honorary president of the St. George’s Club, said yesterday that he was in no wise connected with the boxing scheme which is now in a state of incubation. “I have taken a special interest in the St. George’s Club,” said Mr. Harrison, ‘‘because it is an organization which bas accomplished much good in its way. refused to be a_candidate for president simply because I have not got the time necessary to devote to an office of that kind. To conduct a club J\roperly the president must give 1t considerable of his time and attention, and as I haye my hands full at present I could not think of accepting the presidency of such a promi- nent organization. “I am of the opinion, however,” he con- tinued, ‘‘that the St. Georee’s Clubshould stick to its original plan, the principles of which are sociability and goodfellowship. The club has accomplished invaluable ser- vice in educating the young men of Great Britain who have sought foreign homes. It has also provided many positions for its countrymen, and I am seriously of the opinion that it would be taking a very sen- sible and sportsmanlike view of the situ- ation if it omitted professional athletics from its programme of amusements. However, I have nothing whatever to say in the matter, as I am only an honorary member. “What do you think of the Corbett and - Sharkey contest, Mr. Harrison?" was asked. “Oh, well, I am not a judge, you know,”” said the ex-president of the Olym- pic Club, with a wink and a smile, both of which were significant in their way. “I am sure, however, that Corbett will give a good account of himself,”’ he con- tinued, “and I am also positive that Shar- key has enongh of the genuine Irish blood flowing in his veins to keep him on his feet while bhis equilibrium remains balanced. I am satisfied that he will not emulate the tactics of George Robinson, the big faint-hearted Olympian who crawleu on the floor before the man from whom Corbett wrested the championship of the world.” The committee on athletics of St. George’s Club met last evening and de- cided to send the following telegram to Frank P. Slavin: SAN FrANCIScO, June 17, 1896. Frank P. Slav ¢ Richard K. Foz, Police Gazette, New Yorl Will you meet Choynski before St. George’s Club; ten rounds for de- cision. State terms. E. OLIVER, Secretary. The membership of the club is rapidly increasing. The membership roll shows already over 300 names. SCOTTISH THISTLE CLUB Excellent Programme of a Literary and Dramatic Entertainment to Be Held on June 26. The literary committee having charge of the arrangements for the literary and dra- matic entertainment to be given by the San Francisco Scottish Thistle Club at the new Native Sons’ Hall, 414 Mason street, on Friday evening, June 26, has prepared an excellent programme. The evening’s entertainment will open with a new over- ture by Messrs. Gregg and Fairgrieve’s or- chestra. Then will follow the dagger scene from Sheridan Knowles’ play, ‘“The Wife.” St. Pierre will be played by George W. Paterson and Ferrardo by Emilio Lastreto. Professor Tronchet, the fencing- master, assisted by Emil Ortion and Miss May Warring, will give an interesting ex- hibition in the art of fencing. The next feature will be a barytone solo by the })opulnr soloist of the Olympic Club, William H. Hallett. A novelty will be introducea in the shape of a character sketch of Robert Burns, the ideal Scottish poet, by W. Carlton Cook. Messrs. Bern- hardt ‘and Holdridge will give a club- swinging exhibition. Then will follow the popular child-wonder, little Victoria Orr, in a repertoire of her latest and bestsuc- cesses. An interlude, “Reminiscences of the Auld Home,” will be rendered by Fair- grieve and Gregg’s orchestra. The evening’s entertainment will be brought to a conclusion by the rendition of the mirth-provoking farce entitied “The Tribulations of a Married Flirt,” in which the following artists will appear: Mrs. George W. Paterson, G. Paterson, Thomas Irwin, James Niven and George ‘W. Paterson. A social dance will follow under the direction of George C. Watson and a corps of assistants. MRS, LIEGER DISCHARGED The Self-Confessed Murderess of Her Infant Again at Liberty. Judge Low Decides, After Hearing Her Statement, That She May Go Free. Mrs. Martha Zieger, the woman who confessed to participating in.the murder of her newly born -infant on December 7 last, was discharged from custody yester- day. Detective Dillon and” Pgliceman Ryan, who have been working on the case, have been unable to find Harry Sutter, the woman'’s accomplice. He left the City on Saturday last, after learning of Mrs. Zieger’s arrest, and apparently intends to keep away. Mrs, Zieger wasitaken before Judge Low yesterday morning by order of Chief Crowley. Dillon and Ryan were present, and Corporal Geimann, a clerk in the Chief’s office, read to the Judee a state- ment made to him by Mrs. Zieger after her arrest in which she admitted trying to choke the child about an hour and a half after its birth because Sutter told her it | would be better to get rd of it. Sutter became impatient .and struck the infant on the head with his fist. He then took it away and she had not heard what be: came of it. . The Judge asked Mrs. Zieger a few ques- tions, which were interpreted by Gei- mann, as she does not understand the English language. She stated in an- swer to his questions, that she pressed the baby’s chest instead of choking it, and Sutter struck it on the face. As there was no crime apparent, the Judee decided there was no use in swear- ing to a complaint against Mrs. Zieger. The body of the infant had not been found, and there was nothing to show what became of it unless Sutter could be found. He accordingly signed an order for Mrs. Zieger’s release from custody. Every effort will be made by the police to tind Sutter, and if arrested he will be charged with murder. IT IS HENRY E. HIGETON. He Will Present the Foote Disbarment Testimony to the Bar Asso- ciation. In the proceedings for disbarment of Attorney M. M. Foote before the Bar Association as a result of his alleged mis- management of the affairs of Morris Lu- beck, the latter’s attorney, James K. Ross, was credited yesterday with having insti- tuted the action. As a matter of fact mr, Ross is only a newcomer to this State, and is but Mr. Lubeck’s -sttorney in the suits which Attorney Foote 1s claimed to have drawn pay for and nefilecmd. Attorney Henry E. Highton, chairman of the Bar Association committee, appointed to investigate such violations of profes- sional ethics, is the gentleman who has been furnished all the facts, and who, in his official capacity, will present them to the associat! £ ————— Objected to His Love.. Fred Berthold, a cook, who has been room- ing in the house of Mrs. Bennet, 20 Shipley street, started in to make love to her last night. Shegot mad and, after ng him in the neck, seized a knife and cut him on the left wrist. The wound was dressed at the Receiv- ing Hospital DRUIDS FOLD TENTS AND LEAVE, Grand Grove Adjourns to Meet at Petaluma Next Year. GOLLER DEPUTY GRAND. Full Corps of Grand Officers Elected for the Ensuing Year. ATTORNEY DEVOT('S. PLANS. New Groves for Amador, Calaveras, Watsonville, Martinez, Sonoma, Monterey and This City. The third and last day’s session of the Grand Grove of the United Ancient Order of Druids was held yesterday in Druids’ Hall, Sutter street, near Stockton. The | upon an impoverished people. ern part of the State. In two of the mines the vein has broadened from two feet at the surface to tive feet, fifty feet below the surface. Already 500 claims have been taken up by miners, and, while a ten-stamp mill is crushing ore worth §150 = ton, there is some ore that is so rich that it is shipped without milling. In fact, it is said to be too rich to miil, Several beautifal specimens of turquois have recently been received from the west side of the Colorado in Arizona. This dis- covery is regarded as particularly impor- tant, asit leads to the belief that the same valuable stone may be found in California. ———————— The first effect of lowering the rates of duty would be to increase the revenues, as IO!HC' duties would lead for a while toincreased m- portations; but ultimately these increased im- portations would destroy our manufactures and impoverish the people to_the puint of in- ability to buy largely abroad, and when that point would be reached, we should have no other source of revenue than internal tazes At first we should have more revenue than we need, but in the end less.—J. D. CAMERON. ————————— THE UNEMPLOYED. Sootalistic Solution of the Question of the Involuntary Idle. Liberty Branch of the Socialist Labor party held a mass-meeting on Wednesday evening at the Turk-street Temple. Henry Warnecke acted as chairman of the meet- ing. After a reading by P. Ross Martin the chairman introduced 8. Seiler, who spoke on the subject, “The Solution for the Unemployed.” The lecturer claimed that private enter- prise alone was inadequate to afford any substantial relief to the helpless poor and unemployed, whose only hope for any per- manent ‘amelioration of their condition rests with the collective ownership of the . d Ofio'—\-\ e O /r::o?—o \ Z L.F. DUNAND. Q 0 ——00C=0="10 o ¥ =0 0 Q0 H.J.GOLLER, ] 0 et O\ae 0O O LEADING DRUIDIC LIGHTS. Devoto, Goller and Goetze Are Respectively the Noble Grand Arch, the Deputy Noble Grand Arch and the Treasurer for the ensuing year. called ““Our Expert Lobbyist,” Dunand is familiarly work had been carried on expeditiously from the start, and general satisfaction prevailed at the results attained. At the morning session the principal feature was the election of officers for the ensuing year. Much enthusiasm pre- vailed, and though many of the contests were spirited, verfect good nature and brotherly harmony prevailed. Officers for the ensuing year were elected as follows. Noble grand arch, James A. Devoto, San Francisco; deputy noble grand arch, H. G. Goller, San Francisco; treasurer, Edward H. Goetze, San Francisco; grand secretary, J.J. Mollison, San Francisco (re-elected); grand marshal, G, R. Swetmann, Petaluma; grand L. Taglio, Salinas; supreme repre- E. L. Wagner, San_Francisco (re- elected), and George W. Lovie, Redwood City; alternates, George A, Abel and J. C. Bernstein, San Francisco; grand trustees, Henry A. Chase and J. Nicols of San Francisco and W. L. Poska of Sacramento. The office of grand sentinel, which is ap- pointive, was not filled until the afternoon session, the incoming noble grand arch, James A. Devoto, being privileged to place any one he pleased in that position. A city relief board will be organized, and two or more in every place where two or more groves are formed. At this session a few communications were read and approved, and a testimonial of a beautifully inscribed gold watch was presented to O. H. Hoag, the retiring noble rand arch. He was highly complimented or the efficiency he had shown in the management of the affairs of the Grand Grove during his term of office, and re- sponded with an appropriate speech. Then came the installation of officers which was carried out in the beautiful ceremonial of the order. Attorney James A. Devoto made an elo- flmm and stirring inaugural aadress. is remarks were received with the ut- most attention and every expression of good-will. Devoto is the youngest man that has ever occupied the chair of the noble grand arch in California, and is said to be a parliamentarian of exceptional ability. - 0 “1 wish more time in which to name the grand sentinel and the various com- mittees,” he said, “‘as I think these posi- tions should be filled with men gifted along that line, and thus to fill them re- quires time and forethought. “It is also my recommendation that the different groves select proper district dep- uties, and I shall expect their earnest and cordial assistance in the performance of my manitold duties. I shall endeavor to increase the mem- bership of the organization during m; term of office from 500 to 1000, nmf shall institute groves in new fields, both in the north and south. Besides this, I intend to institute two new groves in this City next month, one in Martinez, one each in Amador and Calaveras counties, one each in Watsonville and Sonoma and one in Monterey. ‘“There is no doubt that I shall receive the assistanceand co-operation of you all. ‘In unity lies strength'—remember this, brethren, and the day coming when our order will be our prit nd joy.” At the request of the order, however, the grand sentinel was inted imme- diately in the person of F. Sesna of Los Angeles. The per capita tax of one dollar re- mained unchanged. The Supreme Grove will assemble at Milwaukee August 15, and besides the su- preme representatives will have many vis- itors from this jurisdiction. STATE MINING BUREAU. Turquois and Several Valaable Speci- mens of Ores Secured. Several valuable specimens of ores have Tecently been received at the State Mining Bureau, including some pieces of cinnabar. The finest specimens of gold ore comes irom the Randsburg district in the south- ] means of prodaction and exchange in the hands of the people in a co-operative com- monwealth. Short speeches and a general discussion followed, during which remarks were made bi Mr. Pettibone, Mr. Phillips, Leo Gasser, Theodore Lynch, E. T. Kinstey and C. D. Sunflower. COAL DRAWBACK SETTLED The Federal Government Wins in the Famous Allen Suit. Several Million Dollars Saved by a Recent Decision of the Su- preme Court. The Supreme Court of the United States, in the suit of Charles R. Allen against the Government for certain drawbacks in coal importations, reversed on Monday last the decision of the District Court and the Court of Appeals and remanded the case to the lower court for judgment, with costs, in favor of the Government. * The decision indirectly involved several million doliars, though the suit just de- cided by the highest court in the land was merely to recover the sum of $97. The Government lost 1n the two lower courts, bur, confident of ifs position, appealed the case to the highest legal authority in the land, securing a verdict in its favor. It seems that in the early part of 1893 Allen imported certain bituminous coals, paying the duty provided by law. In time Allen s0ld some of the coal to a certain coastwise steamer and immediately de- manded a drawback of 75 cents a ton, as provided in the act of March 3, 1883, which Teads as follows: ‘Drawback of 75 cents a ton shall be allowed on all bitaminous coals imported into the United States which is afterward used for fuel on board of vessels propelled by steam which are engaged in the coast- ing trade of the United States or in trade with foreign countries, to be allowed and aid under such regulations as the Secre- ry of the Navy may prescribe.” The Collector filed the demand and in time reported the matter to Washington. The department held that Mr. Allen was not entitled to receive a drawback, owing to the fact that the law was never in- tended to cover such claims as he pre- sented., The importer immediately instituted suit in the District Court to vecover the sum of $97 alleged to be due asa draw- back for codl sold to a coast steamer. The case was fought by tbe Government with much earnestness, resulting, how- ever, in a verdict for the plaintiff. An appeal was then taken to the Court of Ap- peals, that tribunal sustaining tbe lower court. As a last resort the Government car its case to the United States Su- preme Court. Had the Supreme Court sustained the g"glfl.l,‘e flnfl.ilngs the Government v‘rgiuld ave been called upon to pay something like $5,000,000 on similar claims. e Sherifi’s Sale of Dry Goods. The entirely new stock of imported silks, dress goods, linens, domestics and fancy goods, ladies’, gents’ and children’s hosiery and un- derwear, purchased within the last few months for the new store of James M. Moran & Co., 1009 to 1015 Market street, will be sold at 45 cents on the dollar. Sale will begin Monday, June 22, at 9 A. M. t0 6 P. M. le will con- tinue until all sold, By order of court, depart- ‘ment No.8. RicHARD I. WHELAN, Sheriff. * LANE HITS FROM THE SHOULDER Noe Claimants Given a Rather Rough Ar- raignment. WKINSTRY’S ARGUMENT Says Supreme Court Decisions Are Good Enough for Him. IT RESTS WITH SANDERSON. Question of the Title Record of the Mission Property Submitted Subject to Briefs. The Noe case has come to at least a tem- porary close. Upon the decision of Judge Sanderson upon the facts and the law so far presented will rest the question whether the decedents of Don Jose Jesus Noe will be sent up higher with their claims for a little matter of some $75,000,000 worth of Mission property, or whether the defend- ants will be called into court and each.of the 250 éompalled to prove his individual title from the time of Noe Sr. Judge Sanderson has heard all he wishes to hear, and more, upon the record title, and im- mediately after vacation he will- render. his decision. If it is adverse to the plaint- iffs they must seek consolation in the Su- preme Court; if in their favor, then the defenaants will have an opportunity to prove the operation of the statute of lim- itations. At the opening of Court yesterday Judge McKinstry stated that Mr. Lane had con- sented to allow him to make the opening argument, as he was anxious to get away from town. He said it would only occupy a few minutes, and Judge Sanderson con- sented to hear him. Judge McKinstry opened his argument by reading the grant of Pico to Noe. He laid particular emphasis upon those por- tions of the grant wherein it was stated the property was given to Lim. He also called attention to_the conditions of the grant. He then cited the case of Scott against Moore. In this case a Mexican donation was made under conditions similar to those of the Noe grant. In this case it was held that these clauses were not onerovs and there was nothing in them making the donation a grant. The conditions did not change the donation to a grant or purchase. In this case it was held it was the separate property of the donee. “It is perfectly clear,” he said, ‘‘that, unless your Honor wishes to overthrow all the decisions of the Supreme Court, {our Honor must decide this property to e separate property. I understand that counsel for the plaintiffs admitted that the Supreme Court was against him, but ur_xéed that their rulings should be set aside. “For the sake of argument let ussuppose the Bupreme Court wasall wrong in its de- cisions on this matter. What if it was? No man is wise enough after forty yearsto resuscitate these old matters and ‘after property rights have grown up attempt to overthrow existing decisions. “When the United States gained domin- ion over California it became necessary to protect the rights of those claiming prop- erty under the old regime. To do this a Board of Land Commissioners was ap- pointed. Their duties did not consist only in passing upon full and complete rights, but they were to pass upon claims of all kinds, The title which a man has to proverty which he has presented for confirmation to the Land Commissioners lies in the patent which he receives of the United States. When a man has re- ceived a_patent no one can come in and claim a title adverse to him. Don Jose Jesus Noe asked that the patent be con- firmed to him and it was so done. Where, then, was the only legal title to the land? It was 1n Jose Jesus Noe and all claim- ing under him. “These plaintiffs claim under Gurada- lupe Noe, and if she had any interest in the land it was only a half interest. Jose Noe applied for and received a patent for the whole property to him. They never applied for or received any patent to any part of 1t. “It may have been these plaintiffs had an interest in the land, butif so 1t was simply a cestui-que trust, which they had aright to have operated within a limited time. *‘It would make no difference bow the relation between the parties in this regard arose.” He then citedithe case of Wilson vs. Castro, to show that the trust created in the manner suggested was a construc- tive trust, against which the statute of limitations would run. “Supposing we take ourselves,” he said, “back to the time when California was under Mexican rule. Then, I say, this property was.separate property. I say so, not because I have delved learnedly into Mexican law as the gentleman on the opposite side apparently attempted to do, but because the Supreme Court in early days has decided that question. An early case was then cited, which declared that the husband, both during the life of the wife and after her death, had full dominion of the community property and could freely dispose of it. i “I'don’t know what the Mexican law is,” he continued. “Iam not learned enough in the civil law to go into those questions. 1 get my law from the decisions of the Su- preme Court of this State, and I don’t be- lieve any one can go behind it.” “The Supreme Court has several times gone behind 1tself,” remarked Splivalvo. “True,”” said Judge MeKinstry, ‘‘but that ‘is a different matter. When it changes it is time enough for us to change. Until then we must take its law."” ““The question is,”” concluded McKin- stry, *‘whether when the law said he had a full, free, overflowing power to sell this estate, his heirs can come in and say to in- nocent purchasers for value, ‘He miu&)— vropriated the proceeds of that sate. He did not apply the value received to the settling of the estate and satisfying tne claims of the wife’s heirs.’” Even if they could, there is not one iota of evidence be- fore this court that he did not apply the proceeds to the settling of the estate.” Franklin K. Lane, who represents the greatest number of defendants in this suit and was to make the principal argument, then addressed the conrt. “‘As your Honor has sat here during the last two days,”” he said, “'I have no doubt the question has frequently risen in mind: Why was this suit brought? That questign has occurred to me, and I have found two answers to it. One of these an- swers should lead all parties connected with the origin of this case to the State’s rison; the other should lead them to the ome for the Feeble Minded. Either this case is the result of a plan to levy tribute on the defendants, or it is the resuit of an inability to understand the simple lan- suage of our Supreme Court, which in a long series of decisions settled every ques- tion here involved over thirty years ago. Either this case is the result of confeder- ated villiany or of hopeless idiocy. Either there is matter here for the investigation of a Grand Jury, or of a body of experts on mental disease. . . - “Iam temperate in my statement be- cause I allow alternative; there are some in this courtroom who have brought here to protect propert{ they have held in z}uiezt ggsuauion for Jorty years ho would not be so generous. i "l‘he speaker then referred to the ridicu- lousness of the claims made by the plain- tiffs and referred to the lriument of their counsel as a “‘mass of irrelevancy and ab- rdity. = ‘Briefly stated,” he continued, *‘our case is this: First, that the grant to Noe vested in him a separate estate. Secondly, that if the estate were in fact community, the husband had, in the absence of ashowing of fraud, the absolute right of distribution. Thurd, the plaintiffs are precluded by the patent from making any claim to the roperty. 2 . L{ne then briefly reviewed the main facts which occurred in the accession to the Unjted States of the present State of California. He explained the act of 1857 creating a Board of Land Commissioners. ‘1t was the duty of this board,”” he said, “'to ascertain ana settle the titles claimed under Mexican or Spanish grant, and all those claiming or to claim under such grants were required by this act of Con- gress to present their claims within the time mentioned in this act. “In the case at bar not only have the plaintiffs failed to show a compliance with this act in their own behalf, but they have themselves shown that the original Senor Noe did comply with said act and did ob- tain a confirmation of his grant and a patent from the United States. “The defendants here have obtained this latter title, which is perfect. So that plaintiffs have by their own showing proved that they have no title whatever. This of itself is sufficient to dispose of the case. . *‘But,” said Mr, Lane, “‘ignoring for the time being these facts, and assuming with the plaintiffs that the tpro):»ert.y in ques- tion was the property of the matrimonial partnership, still it has been shown that Senor Noe conveyed the property for a valuable cousideration, and our State Su- vreme Court has repeatedly held that even under the Mexican law the husband nad such right and power of disposition, and that the only limitation on such right was in case of attempted transfer in frand of the wife or her heirs. The very first report of our Supreme Court records lays this principle down plainly and squarely, ;n'nd subsequent cases followed the same ine. Mr. Lane then read a number of cases in the early reports establishing this theory. “This,’" he said again, “was sufficient in itself to dispose of the plaintiffs’ claim.” The attorney then read from the case of Scott against {‘Vud. in which the facts are similar to those in this case. It was there held plainly, emphatically and conclusive- ly, he said, that such property was the separate property of the donee named in the grant, and that neither the wife nor her heirs took any interest in it whatso- ever. A number of other California cases were cited as directly in point and conclusive upon this question. Continuing, he said: “It having been shown that the property involved in this itigation was the separate property of the inal Noe, it follows that neither the wife nor any of her heirs, who are even these plaintiffs, obtained anv interest in it; and the plaintiffs, being thus shown to have acamred no title whatever, they hnYe no title to quiet, and their suit must fail.” Mr. Lane concluded his argument with an appeal for a speedy verdict, which, he said, would bring joy to a thousand homes where there was now fear and dis- couru%;ment. Mr. Van Duzer begged the indulgence of the court, which was granted reluctantly, to present an authority upon the point that a Governor or chief man of a State could not donate land other than as a gift. If it assumed the character of a pur- chase it was void. & His Honor then statedjthattheattorneys for the defendants would have ten days to file briefs if they wished to make any sup- plemental argament, and the plaintiff would have thirty days to file his replies. This will take up to near the close of vaca- tion, when the court willimmeuiately take up the case, with a view to rendering an early decision. Attorneys Mullaney, Shad- burne and McKinne stated that they were so well satisfied with the argument they would submit no briefs. JSSSSTR SIEE. Wik, Judge Campbell Dismisses the Charge of Perjury Against Him. District Attorney Barnes Makes the Motion and Files Judge Wallace’s Decision. As was to be expected after the decision of Judge Wallace, the case of Assessor John D. Siebe, charged with perjury on complaint of J. W. Darragh, was dis- missed by Judge Campbell yesterday af- ternoon. ‘When the case was called District At- torney Barnes rose and said although he had not the same right in a Police Court as he had in the Superior Court to move for the dismissal of a case, still he thought in the circumstances he was justified in doing so in this case. A similar charge against the Assessor had been pending be- fore Judge Wallace, and in moving for its dismissal, on the ground that the Assessor 'was a quasi-judictal officer, he had cited numerous English and American author- ities in support of his contention. Judge ‘Wallace had, on Wednesday, rendered a lengthy decision dismissing the case, and he submitted a copy of that decision as his brief in the case. He therefore moved for a dismissal. Attorney Baggett, for the prosecution, ‘was not present, but the District Attorney said he bad seen Baggett and had in- formed him of the motion he was to make. 7 Judge Campbeli said that while recog- nizing the value of any decision by Judge ‘Wallace he was not bound, as a_commit- ting magistrate, to follow it. He never would approve of an official being charged with perjury unless there were substan- tial grounds for making it, and on the same principle he had no sympathy with any one who would bring such a charge from spite or petty spleen. He thought Andy Clunie and Attorney Baggett should have more thoroughly examined into the merits of the case before bringing it into court. He would order the dismissal of the case on motion of the District At- torney. —————— VETERANS’ NATIONAL GUARD. A Probability They Will Attend the Celebration at Monterey. At the monthly meeting of the Veterans’ National Guard of California Wednesday evening, at the headquarters in the Flood building, an invitation from the director- general to attena the celebration at Mon- terey July 7 was received. The acceptance of the invitation was enthusiastically ad- vocated by many of the vetarans. Colonels ur | Cutler, Bush and Burdick were appointed a committee to canvass the matter among the members, ascertain rates of transpor- tation, accommodations, etc., and submit their report at an adjourned meeting to be held next Tlmrsdnf, June 25. In case the invitation is accepted at the adjourned meeting, it is the intention to charter Pullman sleening and dini to be occupied by th rans er:“, e ve u: their attendance uy the oelab‘:nfion. o A vote of thanks was tendered Major W. B. Hooper for courtesies extenced at the recent annual banquet. ————— The Weissich Estate. 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