The morning call., 1893-08-29
Miller s Lux Sued OH q
Contract.
THE BUENA VISTA RANCH.
A Land Transaction Involving Three
Million Dollars Which Miller
Failed to Carry Through.

/ ''S - 'fOtOAI 1OA ltoOi1 VI lcbd1 COu-
| 'roversy. The latest suit begun against
the Surviving partner, Henry Miller, is in
the United States Circuit Court, the CON-
paint eeiug filed at the last minute yes
terday afternoon with Clerk Costigan.
This Is altogether a new phase of the
| litigation against Mr.. Miller, and on its
lace 1t does not appear to have been in
| spired by the Lux heirs. short time ago
the widow, Miranda w. Lux, brought suit
10 dissolve the old partnership, wind up
the affairs Of the firm and divide the estate,
put In the complaint filed yesterday she is
also a defendant. However, she and
George Lux and Jesse 5. Potter, are not by
any means averse to the suit. although
each is placed ostensibly on the defensive,
and 1t may be that the hands OF the Lux
heirs. both in this country and Germany.
have after all done much toward this last
method of legal assault upon the appar-
entity lmpregnable Miller.
The suit just brought involves transac-
tl0n OF considerable magnitude. Henry
Mlller's offer to sell the BueDa Vista ranch.
10 Kern, Tulare aud San Luis ObispO
counties, covering about 10000 acres of
iand, az $50 an acre, to a syndicate of
English and American capitalists last
September. is what has provoked the
action. 1t was no small deal that, for
So,uOO,000 was In sight; but Mr.. Miller
chunged his mind. and finally concluded
not TO sell. Now the complanants set up
an allegation charging Mr.. Miller with in-
tent to deceive-witb using the Barclay
brothers of London, England, and Got
hold Frankel. an immensely wealthy citi-
zen of New York, simply for the purpose
ofindueing the Lux heirs to suppose that
he was actually about settling up the
affairs of the estate by selli the big
rancn, and dividing up the proceeds.
Away back in the '40's Henry Miller
and Charles Lux came to California from
Germany. While other adventurers sought
and dug for gold these far-seeing and
steady Teut0ns went into the meat bust
ness. Miners must eat and Messrs. Miller
u Lux knew that. so they started
butcher business which grew in time to
immense proportions. They found 1t profit
/ able to fatten their own cattle and had To
have land for range. By one plan and
another they secured the titles to Govern
ment land al 81 25 an acre until their prop-
erty ran up into thousands and thousands
of acres and their cattle were fattenlng all
over good grazing section. There was
an agreement between Messrs. Miller and
Lux that they should stand by each other.
and they did so, and time abundantly re.
warded their constancy. But death must
come even to the diligent and opulent, and
it was something of that kind which thew
Il
they entered into q written agreement
that, in the event of the death of either.
the surviving partner was TO carry on the
affairs of the estate, for the joint use of
himself and the estate. for seven years
thereafter.
Charles Lux was the first to die. his
death occurring on March 15, 1887 Mr..
Miller, according to the agreement, has
until March 10, 1894, to conduct the affairs
Of the estate, and 1t is lpOn that arrange
ment that be now stands.
Ever since 1858 the firm of Miller & Lux
had done business as such firm, and Mr.
Miller proposes TO keep II up one year
longer.
However, il that was his intention it did
not appear TO be IN September, 1892. Then,
as appears from the COMPLAINT, one James
Morton was negotiating between Mr. Mil
Ter and the Barclay brothers aud Mr..
Frankel. and Mr.. Miller wrote a letter to
Mr. Morton Offering to sell the Buena
Vista ranch at $50 an acre.
Regarding our Kern, Tuare and San
Luis Ohlspo property as a whole" he
wrote, lit contains about 100, ,000 acres, out
of which $1,000 or $4,000 can be irrigated
from the Kern River direct and from the
reservoir. This includes few scattering
pieces of land between our main BODY of
land and the town of Bakersfield, also the
reservoir site and the lands adjoining, of
which we own so per cent
llt titic W tiilS pIOp6IIy. except lew
small pieces, has the United States patent
and that of the State. The remainder OF
the land, outside of whatever can be irri-
gated, is selection made by US years ago.
when the country was barely settled. 1t
includes all the most valuable springs,
choice valley and oil deposits.
"A good portion OF the land can be used
for agricultural purposes, for which we
have ample showing.
This property is offered as a whole and
our price is $40 per acre. cash preferred"
Ii 1t WAS not convenient to the purchaS.
ers, though, Mr.. Miller said he would take
only n part cash, even only Ee-third the
remainder to be secured by mortgage at
per cent interest, running for FIVE years :;
and be also offered TO sell 20, coo head of
cattle at S15 each, 300 horses and mules
ard 100 colts at $50 head. and 5000 hogs
a. S4 eacn; also all the farming imple-
ments, wagons, vahicles, etc., in fact
every thing connected with the ranch, land
and livestock. For the reservoir site. con-
tanning $4,000 acres, he wanted the same
price.
Mr. Miller gave Mr.. Morton an option
upon that proposition for ninety days, anQ
armed with that option Mr.. Morton made
a report to New York and London.
AS it was necessary for John A. Barclay
and Gothold Fraukel to come here and
make personal inspection of the property
they wanted an extension of time, and Mr.,
Miller granted that, allowing them three
months from January of this year.
Out, then, came Messrs. Barclay and
Frankel, and thew called upon Mr.. Miller
at his office in this city. They had syn
dicate behind them, says the complaint,
and had big scheme in view. Their in-
tention was to coloniZe the whole ranch
and locate a townsite about twenty-five
miles west of Bakersfield, so they went to
great expense. Added to their personal
expenses they employed surveyors and
engineers, and made thorough examina-
OF The property. They were enthusiastic-
ally in earnest, aud at the Palace Hotel on
January II they formulated list of refer
ences that might have stunned anybody
hut big California landowner. In a
letter to Mr.. Miller Mr. Barclay named as
his references number of concerns in
this country and the Railway Trust Com
pany and four banks of London, England.
while Mr.. Frankel referred to several New
York firms and Lombar d-street bank In
London.
meeting was held. and Mr.. Miller's
proposition was eagerly accepted. But
just then Mr.. Miller commenced to display
an Indifference to selling out. Condition
after condition he placed in the way, In ali
Of which. however. Messrs. Barclay and