The record-union., 1894-02-21
A CONSUL ON HIS DIGNITY.
Van Loben Sells of the Netherlands
DisIkes State Courts.
He Claims That They Have no Jur1s-
diction of Himself Nor OF
His Property.


Judge Catlin was engaged yesterday in
hearing the case of Reclamation District
No. sol VS.. Van Loben Sells and others.
This was an action brought under late
law passed by the Legislature OF the State
OF California, by which reclamation as
tricts, after having levied their assess
ment, might commence friendly suit
against the various land owners OF the dis
trict to establish that the assessment had
been placed upon the various tracts OF
land in the district, by the Commissioners
appointed for that purpose, IN accordance
with the general reclamation law OF the
State.
The evident contemplation of the Legis-
lature was that, after the assessment was
placed upon the land, the Board of Irus-
tees of the district might, by bringing
such suit, comply with the organic prln-
ciple of the law known as due process
of law" and each land owner OF the dls-
trict be given an opportunity to appear III
Court and question the fact OF whether
the district had complied with the provis-
ions or the statute; thereby giving to
each land owner day In Court"-to use
the legal term-to show 10 the Court, un-
der his oath or otherwise, any objection
to the legality of the assessment.
This law was drawn and presented to
the Legislature at the suggestion OF many
of the persons having in different parts OF
the State valuable swamp and overuoWed
lands, and was framed with the idea in
view to simplify what had heretofore
been q very complex portion of the law
of this State, large majority OF the peo-
pie OF the State having come TO the con-
clusion that any assessment LEVIED 1of
reclamation purposes was illegal, Dy rea-
son of nearly all suits being decided upon
mere technical questions OF not comply
ing with the strict term called "the letter
of the law"
Van Loben Sells, a lawyer having an
Office in San Francisco, a man OF means
and the Acting Consul OF the Netherlands
at the port OF san Francisco, and land
owner in Reclamation District No. col
Pearson DISTRICT, has about $3.50 acres OF
land in the district, and III consequence
of his large acreage be IS assessed lor a
very large proportion OF the amount OF
the assessment levied by The Board OF
Commissioners-con OF \. /. j..
REYNOLDS, T. w. Dean and William
Holtum-for the reclamation, improve
ment and completion OF the reclamation
works OF said district.
Having been served with the summons
in the aforementioned suit, he conceived
the idea that, being Consul Of foreign
country, his consular privileges granted
him under International law and an old
decision of the Supreme Court OF this
State MILLER VS.. Van LOben Sells, 66 Cal.
Raports) rights and immunities which
made him more favored than the
ordinary swamp landowner, and that,
under the American system OF juris-
1lNy 1Tr fah < Il
have cogniZance over his affairs was a
court presided over by a Federal Judge;
and he impleaded the superior Court Oy
1ling a plea iii abatement, ami objected
10 the Jurisdiction OF our Superior Court
in this county, claiming that by reason
of his consular dignity Judge Catlin
could not try a case to which he was u
party, and that the court had no jurisdic-
ton either OF the person OF Consul or
his property.
At the hearing of the case yesterday,
the reclamation district WAS represenied
by Judge \. G. Adams of san Francisco
ana MAJOR W. a. Gett OF this city, and
Van -oben Sells was represented by
Warren Olney. prominent attorney OF
San Francisco. The matter was opened
by Mr. Olney reading the decision OF
Miller ys. Van Loben Sells, and invoking
the provisions of the Federal Constitution
that all suits against Consuls must be
brought in Il United States court, and
under the law a Consul could only be
sued i'll Federal court, and the Federal
courts had Il jurisdiction over COnsuls
and their affairs exclusive OF the courts
OF the state.
He was answered by the attorneys for
the district, who, in substance, said that,
while il was true the Supreme Court had
decided III the case OF Miller vs.. Van
Loben SelS that Consul could not be
sued in State court, yet the decision OF
the Supreme Court was rendered Ia that
case under a misapprehensiono Of the law,
tor the reason that Clause 5 Of Section III
of the Revised Statutes of the \ nited
States, upon which that case was decided,
had been repealed-which fact was evil
IDENTIFY overlooked and had not been
brought to the attention Of the court at
the hearing OF the case of Miller VS.. Van
Loben Sells.
The counsel for the district further
claimed that this being suit brought
under the law Of California Statutes
1898, page Z0S)-the suit must be
brought in the Superior Court of the
county in which the land was situated
gave the State court jurisdiction, and il
the position of Van Loben Sells was
correct, no suit could be brought. Tor the
reason that it being suit TO put in mo-
tion the collection of 4 swamp land tax, il
COulQ Oul9 bS DIOuSAAt III IiiC SOu1G IN
which the law provided 1t should be
brought.
They further claimed that Van Loben
Sells being the accredited Consul of for
eign country, was entitled to no greater
immunity under the law that given him
by the treaty between this country and
the Netherlands, which treaty provided
that where a Consul engaged in COM
merce, trade, or manufacture, he should
not be permitted to plead his consular
privileges as an exemption from his COM
mercial liabilities, aud if he were
permitted 10 maintain the position
taken by him. he would in effect
be defeating his commercial liabili-
ties, for the reason that the statute
in the court of the county in which the
land was situated, and it could not be
brought in any other court. As a conse-
cuence thereof, by granting the claim oi
Van Loben Sells, this court would virtu-
ally permit him to avoid his commercial
liabilitieS-the payment OF a tax upon
poses.
AZ the conclusion of the argument
Judge Catlin took the case under advise
ment, and said that in few days he
would render his decision.
This case is being watched with great
deal OF interest by the various owners ol
swamp and overtiowed lands down the
river, Tor the reason that ii Van Loben
Sells IS permitted to enjoy the privilege
claimed by him, long and protracted
litigation must be encountered to compel
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