Sacramento daily record-union., 1889-09-27
RESTS ON HIS SANITY.
Writ of Prohibition in the Lagma de
Tache Ranch Suit.
[san Francisco Examiner Sent 26tb

lSen Francisco Examiner, Sept 26th,1
Inc famous litigation over the rancho
Laguna de Tache comprising "a 100 acres
of land in Fresno and Tulare counties,
added another avenue to its legal labyrinth
yesterday. 1t came before the Supreme
Court on the petition of Simon Clayburgh
to have an alternative writ of prohibition
issued forhidding ]. B. Campbell, Superior
Judge of Fresno county, from appointing a
receiver in the case and from having any
further judicial connection with it.
The Supreme Court granted the writ and
set October 4th as the day when Judge
Campbell shall show cause why he should
not be perpetually epioined from presiding
over the case. In the meantime all further
proceedings are stopped.
Judge Campbell was to have appointed
receiver to-day.
The points involved in this big land suit
can be briefly summarized. Simon Clay
burgh, August Hebron, Adolph Heilbron,
Isaac Poly, Celia Clayburgh and S. c. Lillis
have possession of the land by virtue of a
lease from jeremiah Clarke, its owner.
The lease was made May 1, 1880, and was
to run ten years, with the privilege of re-
newal for four years and six months. Un-
der the lease they were to paw an annual
rent of ST, 500 and have the right to sell any
of the land for s. an acre, such purchase
money to be paid to Clarke. If more than
So an acre could be obtained, the difference
was to belong to the lessees. In case of all
sales OF land the rent was to be proportion
ately reduced. If a renewal of the lease
We're made, then at its expiration the
lessees were to have the privilege of buying
all or any portion of the land at 81 so an
acre.
The legality of the lease was contested
by Charlotte f. Clarke, the wife of the
lessor, on the ground that he was insane
when he made it.
Judge Campbell, before whom the case
was tried, rendered a decision on June
Goth last. He decided that the lease was
void, on heground that Clarke was insane,
and that the land was worth So an acre.
instead OF So, at the time the lease was en-
tered into. But on account of the improve
ments made by the lessees he ordered that
they be paid $154 600 on surrendering the
lease.
In his petition for writ of prohibition
Clayburgh gives several interesting reasons
for his request. He alleges that at the pres
ent time, and during the trial, Judge
Campbell owned 257 acres Of land that
formed part of the Tache ranch, and for
which he said he would not take $50 an
acre. He paid a man named J. W. Chisum
$4,000 for it. The other reason given is
that in a portion of the ranch and in some
5000 acres of land adjoining it, which is
owned by the lessees, they constructed
some $50 miles of irrigation bitches, at
cost of 100000. Because of this fact they
got legal right to use large quantities of
water from the Kern river and over which
they have had troublesome lawsuits with
many influential people in Fresno county.
These suits engendeIed such a bitter feeling
that, as Claybulgh asserts, it was mainly in
strumental in giving rise to the suit to have
Clarke's lease declared void. Realizing
this alleged popular prejudice, Clayburgh
says the lessees wanted a change of venue
before the trial began, but Judge Campbell
would not grant il.