Millheim Journal. [volume] (Millheim, Pa.) 1876-1984, 1880-07-29

torney TO certain parties who gathered the
CLAIMS together for the purpose of making
q united effort to secure relief, the agree.
ment being that the attorneys should divide
the receipts equally with the claimants
Nothing was practically accomplished un-
I'll about the year 1870, when a mixed
Commission of the United States was ap-
pointed TO adjudlcate, among other inter
national matters, upon the differences ex-
listing between the United States and Mexl-
can Governments, both feeling themselves
aggrieved and entitled to redress. The re-
suit of their deliberations was that an award
of 1928, 000, 900 was made to the United
States and $l9, 900, 900 to Mexico. After
this there was considerable difference Of
opinion as to how the award was to be
| paid, but it was finally settled by the Mex
ican Government paying the difference be-
tween the two awards in instalments,
which it has been doing for some years.
| During all the time while the representa-
lives of the national powers of the earth
were gravely discussing international law,
| one OF the enterprlsing colonists, James
Ballin.lne, then Familiarity known as ''Cor-
duroy jim" was keeping toll gate at Colfax
| Springs, on the Yosemite road. He went
into Tuolumne County, in 1853, and, tired
of his adventurous life, married and settled
down into first-class family man. There,
in peace and quiet, far from his old haunts
and associates, he devoted himself to the
constant pursuit of honest toll. But he
had kept up with the times, had read the
papers, and also interview Sunset Cox,
Seymour of New York, and other Con-
gressional lights, who informed him he had
good claim, but that no one could collect
it without his signature. lie had executed
his power of attorney, but receiving no re-
turns, persuaded legal friend to write to
Washington on the subject. Ip due time
he received the startling announcement
that he was dead, positively and legally
dead in the eyes of the Government; that
one Col. Jonathan d. Stevenson, of San
Francisco had been appointed his executor,
that So, 00S had been awarded him as his
share, hut as he was not living and there
fore lad no use for it, 81 ,065 had been al
ready paid on account of the estate.
" hat bothered the honest toll man was
that he was so much dead that it was i'm
possible for him TO resuSciIate himself.
Taking a general ir ventory of himself, he
remembered he had been square striker
in his youth, and ''up to date the old man
was pretty lively corpse;" aud, with fire
in his eyes and determination in his heart,
he came 10 the city for the purpose of in
terviewing the nun for whom he died, and
who was now living for him ID the extent
of the coin value OF his claim. He soon
found a number of well-preserved '49ers,
who recognized him and could swear TO his
identity. Armed with proofs of his exist
ence and accompanied by his lawyers, he
sought the presence of his executor only to
find that he was dead again; dead up in
the Probate Court, when process Of resur-
rection was necessary to make anything
living to him. The Record of this Court
informed hlm under date of Oct. %, 1876,
that he had ''died in the winter OF 1852. or
in the spring of 1863, to the best of the
petitioners knowledge and belief, on the
North Pacific coast on trading voyage"
At this view of things his spirit took umb
rage. de failed to St,s low a live man
could be so much dead, and he said to his
executor through his lawyer that he was
1.-The true lost Injun."
81 think" said the executor, 'fhat the
Mr.. ]. Ballintine, who owns the claim was
taller than you are.
swell" replied Jim, 81 may have set
tied an inch or two Growed down like O
cows tail some, but I'm your Injun all the
same"
What State are you fromR' csntlnued
Col Stevenson.
New York"
''This man was from Pennsylvania,
believe"
''As to that" answered Mr. Ballitine,
one of us two is mistaken. Colonel"
''Then," added the executor, ''you don't
spell your names alike"
''Now, look here, Colonel" concluded
Mr.. Ballintine, "when you come to that
I've got We. Ispell mine with two is, just
like write ii now (suiting the action to
the word), and if don't disremember, |
dotted 'em both, just like did, Colonel.
when | witnessed them power o attorneys
when was 'tendin' bar down to George
end Billy Gardeners at the corner of jack
son and Davis streets, where you made
most of 'em out"
The executor asked for further time and
Mr.. Ballintine retired, expressingly indig-
nant and wishing to take the matter into
his own hands and convince the Govern
ment and his executor that there was lit
tie of the vital spark left in his muscle at
least. The counsels of peace, however,
prevailed, and several interviews have been
had. The matter was left to distinguished
ex-Judge. I'VE want this thing settled"
said he to the executor; ''you people can
have no doubt as to my clients identity"
Judge What do you wantI
MIR. Ballintine want my equal half,
according TO the papers.
Judge. But you are not anywhere on
the papers. You're not alive on the pa
pers.
Alr. Ballintine Now, that's pretty
rough on a corpse. 1t don't make any diff
ference what l am Gu paper. I'm here
alive, and l want to be alive on paper and
every where, and then get my half, and
that's all there is about it. l want to get
through with this and get back home,
where have some dead business to do.
Here the interview closed. Subsequently
the Judge made an offer to effect CON-
promise, which, being below the figures
demanded, was not accepted. And so the
matter remains at present.