The weekly Placer herald., 1853-10-08
The Government Reserve.


The Government Reserve.
The Commissioners appointed by Gov
Biger under the act of the last Legi>la-
ture, for the disposition Of certain pro-
perty belonging to the State, in the city
of San Francisco, have thus far failed
in nearly every attempt which they have
made to effect sale of such property.
Judge Satterlee has recent promul-
gated an opinion which denies the motion
to dissolve the injunction originally grant
ed at the suit of Palmer, Cook & Co., re-
strainng the Commissioners from dIspos-
ing of portions of the government reserve.
The objects sought to be accomplished
by the Commissioners will hard be at
tanned, and is therefore extremely doubt
ful if the State will sncceede in realizing
any more from the sale of this property, ,
than she would have gained had memo
rahle bill for the extension of the city
front been passed by the Legislature dur
ing its last session.
The San Francisco Herald reviews and
comments upon the opinion above refer
red to, as follows:
"Ihe Court considers the clause, con
tanned in the Act of 1853, prohibiting an,
Judge from enJolning the sale, So untena-
BILE, rs to he unworthy of consideration.
In their conpIant, Palmer, Cook s. CO.,
claim an estate in fee simple, and a.
cumulative of this claim, set up an estate
for years under certain leases made by
officers of the United States Government.
Many other ega'ions are made, aud as
nn & thar T.,
the Defendants counsel, the Court takes
them as admitted, and argues upon that
-upposition. The Court dtridea, IN the
FIRST place, that the plaintiffs, on their
showing, had right to an injunction
against the sale--0verru, ,es the objection
made 70 the su1ficiency OF the complaint
in not setting out now the title claimed
by Plaintiffs in fee was derived - assumes
that the plaintiffs have at least vn liable
estate for years IN the ands, because
their a legations to that effect are foi de
med, and therfupon argues .hH1 lhiH estate
for years, which it is alleged the Com
iII-sIOnerS ignore and disregard in ;belr
utfpr To- sell the premises, is eat lt!rd tc the
same protection as estates IN fee. lU re
ply to the objection that the p aintif&- are
'Nh"ti'~ W. 'Ht AoLH1NN H!'|i az VNt'' NV II
from contesting their landlords right 10
sell, the Court in the fsfst place finds no
proof that they entered under the State,
and if they did, dec ares the estoppei
nutuaf.
"The State has no more right to deny
the tenants term, than the tenant the
states fee. The Court considers that the
validity Of these ea>ehold estates, which
was called in question hy the defendants,
has been so often established by prior de-
cisIons, as to he no longer an open Gues
ton. 1t is further alleged that the Com
nllS@IonerS have exceeded the powers
granted by the act of 1852. That act
gave no authority to Sc |, or offer for sale,
any property of the plaintiffs, or in any
manner 30 interfere with their property.
The Court finds that they have so inter
fered, because the complaint says so, and
therefore they should be restrained by in-
junction. The Court sunmarily rejects
the plea that sound public policy should
govern the construction Of the Act of
1858, so as to enable the State, by prompt
and advantageous sales, to realize the
means to resuScitate bankrupt treasury.
The npshot of the matter is, the hands of
the Commissioners are tied, and the State
may whistle for all she will get out of the
properly. If she undertakes to sell a fee,
without specially recognizing the lease,
she is enjoned on that ground If she
acknowledges the lease, and proceeds to
sell the remainder, then comes in the
claim to the fee to stop her, and if it we're
possible to pile on an estate after the fee
to get All extension into eternity-the in
genuty of counsel would manage to get
up grant from some of the Celestlals,
to stop the sale of that also. Twist
as she may, the State will get no.
thing from this property, and the Com
miSsioners might as well give up, and
save the people from further tax-as they
will never make their expenses"
GOVERNMENT REsERvEs.-We learn
from correspondent that Mr.. Bates, Oh
behalf of the State Commissioners, on
Wednesday, filed an answer to the allega-
ton Of Palmer, Cook s. Co., in relation
to the Government Reserves. The ones
ton now will come up on its merits.
The Commissioners were to have so d
yesterday, so much Of the Reserves as
had not heen enjoined, amounting to two
full lots only. S!ote Jour.