The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-28
Plaintiffs Attorney Argued That
the Cordelia Club Had
All Rights.
GAME NOT PRIVATE PROPERTY.
Claimed by the Defense to Be
Regulated and Disposed Of
by the State.

SUISUN, CAL, Nov. 27-The evidence
In the case of the Cordelia Shooting Club
VS.. William King ct al. was finished and
argument heard before Superior Judge
Buckles to-day.
G. b. Elliott, manager of the estate Of
w. and L. Pierce, testified for the defense
that he had leased the Chamberlain land,
southeast of the railroad track, for grazing
purposes. This lease was made in January,
1894.
The plaintiff made several objections to
the testimony, and as the ownership was
not conceded in the pleadings the testi
mony was overruled.
Brundage, a game-keeper, testified for
the plaintiff in rebuttal that there was
only one pond on the land leased for graz
ing purposes the Whittier pond.
The case was then argued by respective
counsel. Mr.. Young for the plaintiff
prayed for judgment against all the de-
PENDANTS excepting Prather, against whom
the charge was dismissed last week. He
claimed the defendants were guilty of the
charge preferred against them and he
asked that the injunction be made perma-
nent He referred in extenso to the de-
malls to the allegations in the complaint
made by the defense. The denials he said
were insufficient and the plaintiff, as
trustee of the Cordelia Shooting Club, held
exclusive possession. He maintained the
lease was prima facie evidence of the
ownership Of the parties making the same.
He stated that the club had expended
from $4,000 to $4,000 per month in improve
ments since they leased the land.
Referring TO the lease which the defense
had put forward, he contended they were
entirely distinct interests. Several cases
which had been decided in the Supreme
Court were cited in support of the argu
ments adduced. 1t was claimed the Cham
berialn tract was leased for hunting priyi-
leges and that trespassers had no right to
intrude on that tract, which, the attorney
claimed, was private property gnd should
be respected and enforced.
The plaintiff, he said, could not deal
with the cases separately, and to avoid
multiplicity OF suits asked for a perpetual
injunction against the defendants.
l.. G. Harrier, for the defense, submitted
his argument in briefs. He claimed the
following material point had not been
proved: That the lessees have the title to
the land and that the plaintiff has any
right to the possession OF the same; that
the plaintiff has any right to the land ex-
cept for hunting privileges; that the land
Is inclosed and their lease excludes any
one; that Kellogg had any right to sue.
The defense further claimed the plaintiff
had failed to prove other charges, among
which was that shooting by others did any
injury to the club, and denied that there
was any conspiracy among defendants to
do injury. Attorney Harrier claimed the
plaintiff had no remedy at law, contend
ing there were forty members in the Cor
della Club, and from the evidence given it
was shown that fully 200 men could find
good shooting on the lands in question.
Was there anything shown, he asked. to
prevent the parties leasing the land to this
club to make another lease granting the
same privileges to other sportsmen?
Judge Gregory followed for the defense
and claimed that no peSuniary damage
had been proven.
Game was not private property, he
urged, and was regulated and disposed of
by the State. He said it was grasping
policy to interfere with the rights OF
others, and the character of this property
was sacred to every one.
Mr.. Young replied, and said the defense
had not refuted a single part of the testi-
mony. He claimed the leasors' title was
proved by the lease, which was duly
executed. He further said the defense did
not put forth any evidence against the
testimony given by Assem- blyman Powers
regarding the conspiracy formed by men,
bers OF the Mallard Club.
Regarding the sloughs he claimed they
were omitted in the list of navigable
sloughs, and said the club did not obstruct
the Suisun or Cordelia sloughs. He SAID
the prosecution wanted to adopt peaceful
measures, and asked that the case be dis
posed of at the earliest possible hour.
Judge Buckles will give his decision
next week.