The Empire County argus., 1855-02-24
Governors Message relative to The LoidcsdorIT
Estate.
EXECUTIVE DEPARTMENT, !
February 20, 1865.

| 10 the Senate and assembly OF CGtJOrntd:
In my Annual Message, presented at the COM
mencement of the present Legislature your atten-
ton was invited to the necessity of early action in
order to secure to the State her rights to certain
property believed to have escheated. Circumstan-
ces have since ranspired which render it necessary
to again call your attention to the same subject
and urge upon you the absolute necessity of imme-
diate action on your part.
After labor, time and money have been expended
in obtaining the necessary papers and evidence to
establish the fact that the State of California has
valid claim to the immensely valuable property
known MS the Lcidesdorf estate in the city and
county Of San Francisco, it would be misfortune
to California and irreparable loss to future gen
erotons should she through her own neglect per-
NIT her title to be vested in others, without receiy
ing it's full value
The object Of this communication is to direct
vour attention to fact of vital Importance to the
interests of the State connected with the proper
ty in question.
This exceedingly valuable estate as believed by
many and maintained by me in former official pa
ncrs has cschcated to the State Of California, but
as is well known is claimed by certain parties res
ident in the city of San Francisco who now are,
and for some time past have been in possession by
virtue of papers executed by persons residing in
the Island of St Thomas, claiming to be the law
full heirs of VIM A. Ledesdorf who died intesate
On the 18th Of May A. d. 1913
1t is not deemed necessary, nor is 1t my purpose,
in this communication to present the facts and de-
cisions relied upon to establish the claim of the
State of California to this property but to apprise
YOU of the fact that there is necessity for Leg
slativo action to prevent her from beng diyested of
her legal claim to the same.
In accordance with the provisions of an Act en-
titled "An Act to provide revenue for the support
of the Government of this State, passed May 18th,
1854 the Sheriff Of the county Of San Francisco
has levied upon certain property in the city and
county of San Francisco for non-payment of State
and county taxes and given notice by publication
in the Alta C0}ijoraia that he will on Saturday the
24th day of February, 1855, at 10 o'clock A. NJ,
in front of the Court House door, sell sufficient
amount Of the property described to pay the amount
Of State and county taxes, with costs remaining
unpaid
The property therein enumerated as subject to
sale for nonpayment of taxes includes if not all at
least large portion Of the Lcdesdorf estate situa-
ted in the city and county of San Francisco now
claimed bv private individuals who have hereto
fore pald the taxes as they become due
Section 50 of the Act Of May 18th, 1854, provides
thst in case of failure to pay the taxes assessed the
Sheriff after having given ten days public notice
shal sell at public sale to the highest bidder the
property liable therefor. or much may be nee
essary 10 pay the said taxes and costs thereon and
that the purchaser or purchasers shall enjoy the
right to enter and take possession thereof" on the
payment of said taxes and costs.
1t will be observed that in accordance with the
provisions OF the act and the notice above referred
to- this valuable property will be sold by the Sher-
if on the 9th instant, for the small sum due the
State and county for taxes, and unless bought in at
Sheriff sale by an agent, on behalf of the State of
California, the title i'll whole or part will pass to
others for comparatively small sum of money.
The 90th section Of the same act provides for The
redemption Of lands sold for non-paymcnt of taxes
and also rrescribcs the manner Of conducting sales
the fees Of Sheriff and other officers and declares
that ''if at the expiration Of six calendar months
from the day Of said sale, The party Olraiag clnj
ing said real-cs;ate (and improvements, when any
exist fail to redeem the Same from the purchaser
thereof. with f(ig per ceatHm 0dr0nce (and d0ub'e
the expense Of rec0rdHg the certificate atoresaid)
on the amount set forth in said certificate of sale
the Sheriff Of the county shall then execute a deed
Of conveyance III fee Simple to the purchaser our
chasers or assigns thereof for said real estate and
improvements and the sale shall become ABSOLUTE
and said dcel shall be PriDs1 tdcja evidence, in all
Courts Of this State, Of tile c0aUeyaace Of alt r9h
title and interest in and to Sajd property orned by the
de{inqu5H or deinqucnts at the time Of the assess
mcnt"
This section also provides for the redemption of
property owned by minor heirs within one year
after attaining their majority, but makes no provis
ion for the examination or subsequent redemption
OF properly SuIu 10 NiiICH liit Ntdlc mas SCI up
claim, remaining unadiudicated at time of the sale
From the sections Of law above rected, it viii be
seen that unless the State nterced before the 24h
inst the greater part OF the property known the
Leidesdorf estate, in the city and county Of San
Francisco will be sold at Sheriff S sale for sum
merely sufficient to pay taxes and defray the ex-
penses of sale &c. and should you neglect or fail
to provide means, as recommended for its rcdemp-
ton on or before the 9th day of August next, the
Sheriff in conformity with law, Will be compelled
to execute decd Of conveyance in fee simple to
purchasers, which will be prima iacia evidence in
all Courts Of this State1 and the State, through
her own default and by the act of her own agent,
it is feared would be forever precluded from again
setting up claim to tide to this valuable estate.
In conclusion deem it proper to discaim any
intention of mputing to individual claimants to
this property the design Of interfering with the
rights and interests of the State, Of taking an un-
due advantage of her neglect default in the non
payment Of taxes and redemption within the time
prescribed by law but approaching the import,
ance of the subject and being fully aware that
such neglect under the circumstances would result
in serious injury the interests of the State, and
perhaps entirely place beyond her reach property
Of great value and at time too, when she is pre-
pairing vigorously to assert her rights before the
proper tribunals, deem it my duty at the earliest
possible moment to urge upon you the Importance
of immediate action, now rendered indispensaby
necessary to secure the rights of the State to this
immensely valuable estate, the PROCEEDS OF when
are by the Constitution devoted to the support ana
maintenance Of Common Schools
mum ''''''' JOHN BIGLER.