The herald., 1895-02-15
THEY NEED NOT WORRY
Settlers Not Affected by Land
Contest
The Fight to Secure a Patent to the La
cienega Rancho Explained by an
Attorney

George H. Smith, the attorney, while
talking with Herald reporter yesterday
regarding the attempt to secure patent
to the La Cienega Rancho, in Kern
county, made statement as follows:
There is no organization being formed
to prosecute the claim referred to, nor is
any such organization contemplated. The
claim is exclusively in my hands as at
torney for Don Juan de Toro of this
county, the son-in-law of the late Don
Agustin Olvera, in whom the title of the
grantees has become vested, and whom |
have represented as attorney for many
years. 1t will be prosecuted by me and
such associate counsel as | may find nee
essary to engage. The result, whatever it
may be, Will not in any way affect the
title of settlers on the ranch under the
laws of the United States, whose titles are
admittedly good, and whose lands will
doubtless be excepted from any patent
that may be issued. The question is ex-
clusivey between the Government and
the claimants, and the interests of no one
else can possibly be affected.
The statement that the claim was re-
lected by the United States Land Com
mission and the District Court on the
ground of fraud, is incorrect The gen
ulneness of the grant was not, and cannot
be disputed. 1t simply met the fate of
many. other genuine and valid claims that
have been lost by the errors of Judges.
Mr.. Brent, the lawyer of Don Agus-
tin Olvera, was instructed to take an APP
peal, but before doing so left this coun-
try to enter the Confederate army Don
Agustin on discovering that the appeal
had not been taken, employed Mr.. Hart
man on whose motion an appeal was al
lowed, on condition of filing bond for
costs in the sum of 500, and Hartman,
then on his way to Washington, wrote to
Don Agustin, inclosing him draft of the
bond and directing him to have it execut-
ed and sent to the clerk accompanied by
the sum of $62. so for the cost of transcript
on appeal.
81 have in my possession the most con-
elusive evidence that the bond was exc
cuted and forwarded, with a check for the
money, to the clerk of the court, and the
fact that the money is credited on the
books of the clerk, and that the transcript
was made out and forwarded to Hartman,
establishes beyond controversy that the
bond was in fact received by the clerk
He failed to file the bond or to make a
note of it, and, when this omission was
discovered by Mr. Hartman, on receiving
the record in Washington, the time for
appeal had lapsed, and the appeal was ac-
cordingly dismissed This was the end of
the case so far as the courts are concerned,
but Mr.. Toro is now endeavoring to obtain
relief from Congress. The specific relief
sought for is that the appeal to the ST.
preme court may be re-esta blished; al d
the proposed bill, which l prepared my
self, provides that in case of confirma-
ton of the claims by the courts,
all lands occupied by bona fide
settlers under the laws of the United
States shall be excepted from the patent,
and in lieu thereof land warrants issued
to be located on public lands of the United
States elsewhere. Whether this relief will
ever be granted by Congress | do not
know, though | am satisfied of the Justice
of the claim and of the duty of Congress
in the premises; but certainly no settler
on the ranch need be in any way dis
quoted as to his titlen