The Nevada journal., 1856-02-15
More PecuIation and Fraud.


Land Sale made under the orders of the
late Land Commission null and void, be-
fore the law.
The Commissioners we're Governor Big
ler, the late Secretary of State, and Mr..
Bell, the Controller. Bigler and Bell, it
is said, we've the acting Board. But from
the summoning up of the Judge it seems
that the California political Pecksniff
John Bigler-was the master-spirit of the
affair. The Sacramento Union prefaces
the decision with the following:-"Our
readers will recollect that we denounced
it at the time as a swindle upon the State
that she would get but small share of
the money, the main portion being con-
sumed by the costs of sale. Such has
proved to be the case. About one half of
the $4,000 for official advertising, which
is put in the deficiency list, is probably
charged for advertising this very sale. 1t
was, VIC think, advertised in seven papers.
The committee in the Legislature to whom
the deficiency report was referred, should
look to this before the appropriation is
made.
Here are the facts as proven before
Judge Shattuck. Let the people read
them, and then reflect that Mr.. Selover
has gone on trip to Europe. An in
vestigation into the acts of this Land Com
mission and their agents will be likely to
lay open to the view Of the people scene
of peculation and fraud, which will fairly
"stink in their nostrils y
Can the judicial history of the civilized
world-out of California-produce an
equally disgraceful fraud on the part of
government officials
The following is the recapitulation of
the facts by the Judge:
This is a complaint in equity, to set
aside sale made by the late State Land
Commissioners as fraudulent, and deed
certain lands to plaintiff as former pur
chaser, upon his paying the balance of
the purchase money. 1t has elected the
following facts:
lst. That the State sale before the last,
the plaintiff became the purchaser of the
State interest in several blocks of land on
S. Beach, covered with water, and making
as subdivided at that sale 1872 lots, at
twenty dollars lot.
I'd. That he paid the first and second
instalments on his purchase amounting
to 35 per cent, but before the third and
last instalment became due, he had DIFF
ficulty with Mr.. Selover, one of the Auc-
tioneers, who had charged him, in addi-
ton, to $l,71l due the State at the last
payment upwards of ST. 900 as the ex-
pense of sale and making his deed, which
the plaintiff refused to pay; and so mat
ters remained between the parties, to the
close of the term of the first Commission
ers. 1t is in proof that all the lots were
embraced in one deed which was executed
by the Commissioners, and left in the
hands Of Selover & Sinton, to be deliver
ed when the third instalment and their
charges should be paid and it is also in
proof that after the difficulty, the clerk of
these gentlemen, Mr.. Fisk, had the deed,
and power to compromise as to the char
ges, but he never informed the plaintiff of
| this power.
Sd. On the 9th of July last, J. S. Co.
hen, agent of the California Land Com
missioners, gave notice through the col.
umns of the Times and Transcript to all
persons indebted to the State, on account
offormer sales, to settle their Indebtedness
on or before Aug. 1st, following. or legal
proceedings must be commenced against
them. Nothing was said about forfeit
ure and resale of the land either then or
subsequently,, except in the general adver-
tisement for the sale of the lots, those for
merly purchased and not fully paid for
were again offered for sale.
4th. On the day preceding the last
State sale, the plaintiff called on Mr.. j.
5. Cohen, the agent the Commissioners,
to settle the balance due the State, when
the agent told him that, in addition to the
former charges, there was bill of between
81 200 and $l,sOo due for advertising,
| "nicn ne must likewise pay before he
could get his deed. And on the morning
OF the sale day, and before the sale com
menced, the plaintiff rendered to Gov
Blgler, one of the Commissioners, the
amount due the State, who refused to re-
ceive it aud referred him to Mr.. Selovor.
9th. The sale was made irregularly and
with great speed, on the - day of -,
1850, selling more than 500 lots simply,
but in patches sometimes of more than
100 at time-not following the catalogue,
and selling with such celerity that the lots
being sold were knocked down before toll
erably expert men could find the place on
the catalogue at which they were selling
knocking them down first to ficticious per-
sons and then charging them to A. j.
f Butler, who was Clerk in the States
mans ofhce,-that all plaintiffs lots, 1872,
I