The San Francisco call., 1895-12-30
Attorney Eells Explains Why the
Colorado Charter Was
Secured.
LIKE THE SOUTHERN PACIFIC.
An Eminent Precedent Cited for Seeking
Legal Organization Outside the
State.

MdllarQ CLUBS IN the u n1ted states circuit
Court as to the right to shoot ducks on the
Suisun marsh, Attorney Charles P. Eells
IS willing to admit that the ibis Club is
composed of Californians and that it re-
Gently incorporated under the laws of Colo
rado.
No less legal authority than the Attor-
neyGeneral has declared this to he fraud
on the Federal courts, and this point Will
doubtless be effectuallv raised by the at
torneys for the Mallard Club.
Failing to secure what these gentlemen
of the Ibis Club consider their just legal
protection in the enjoyment of exclusive
duck-hunting privileges on the marsh
lands from the State courts of California,
they have incorporated in Colorado in
order to bring action in the Federal courts.
This. at least, is the view taken by the
defendants to the injunction granted
Saturday by D strict Judge Beatty, and in
this view they claim that the Colorado in
corporation is a fraud upon the Federal
courts.
But the Ibis Club has eminent precedent
for its foreign Incorporation. Attorney
Eells says the club bases its action upon the
peculiar status of the Southern Pacific
Company of Kentucky, a railroad organi-
zation of Californian investors, chartered
by the State of Kentucky.
There are six members in the Ibis Club,
namely: Harry Babcock, president; Mat
thew Hall McAllister, secretary and treas
urer; William O'Brien Macdonough, the
lover of horseiesh; Robert Oxnard of
sugar fame, Ed Donahoe and it's attorney,
Mr.. Eells.
For fifteen years it has been in exist
ence, but it was only little while ago
that it concluded TO incorporate. Then it
decided to get a charter from the State of
Colorado. The decision of Superior Judge
Buckles Of Solano County might have had
something to do with this, but Mr.. Eells
does not say. Being an attorney, he talks
with the caution of lawyer
Mr.. Eells spent yesterday on the pre-
serve of the Ibis Club, and did not return
home until after dark. Then he seated
himself in his library and made the follow
ing explanation:
The statement that our club is composed of
Californisns and that we incorporated under
the laws of Colorado is correct. But that is
not the question at Issue. That is something
for the State of Colorado to look ont for. II
the State of Colorado is willing to grant us a
charter see no reason for the Attorney
General of this State going out of his way.
The real point at issue is one concerning
property rights and | am surprised at the tone
of the newspapers in the matter. We are just
as much entitled TO our preserve on the Suisun
marsh as any other lessee of property is any
where else. The Chamberlains own the marsh.
They have patent for it and we lease 200
acres from them, for which we pay $3.50 rental
per annum We spend time, money and labor
on this pr eserve as such lessee and her per-
sons see fit to disregard our property rights,
and without spending cent of money or de-
voting moment of time in improvements or
doing one stroke of labor, they think they have
perfect right TO come upon our preserve and
profit at our expense.
Incidentally I might mention another point
which seems to have been much overlooked.
Ducks are to a great extent an artificial
productivity have to be baited, and it is in-
cumbent upon US to see that the tules are kept
there for their shelter.
Our preserve is two miles away from the rail-
road. We have to make preparations to get to
it. We have to build boathouse there. These
are just suggestion of the many items OF i'm
provements required.
Now, another club comes right alongside
with its boa thouse, and man will stand just
close to our preserve as you are to me and
deliberately frignten away our game, and yet
that same club has no rights that can be
recognized by law and has not done anything
to entitle it to decent consideration.
1 was on the preserve myself to-day, and
was told that all the canvasbacks have left
within the past week-frightened away. The
members OF our own club agreed to shoot only
two days in the week, letting the ducks rest
The other three clubs-the Teal, Cordela and
Tule-have been just as much annoyed. but not
being incorporated and being subject to the
judicial decisions of this State, thew have had
to stand this sort OF thing.
So far as Judge Buckles decision goes one
might as well say that a man could mine or
farm, or run store wherever he pleases re-
CARELESS OF the property rights of others. The
sentiment is socialistic in the extreme.
We had just as much right to incorporate I'M
der the laws of Colorado as the Southern Pa
n n N nv q avfin hn6
der the laws of Kentucky. | will not say that
we had the justice of the Federal courts in
view when we Incorporated, but 1t goes with
out saying that adjudication at the hands of
the Federal tribunals is not subject to the
local prejudices and political weaknesses of the
State courts.
Our State judiciary is weak in its very con
stitution There are many good men and able
lawyers on the State bench, but their made
quate compensation and limited tenure of
office are not such as might induce good men
weakness of the State Judiciary is in It's being
elective. ! do not wish to cast any reflections
upon our State Judges, but that there is a
temptation to please the voters in the decisions
rendered cannot be denied. On the other
hand, the Federal courts are above all this.
And more yet, its orders are respected. No ex-
cuse or apology will be entertained by the
Federal bench.
The restraining order issued by Judge
Beatty, enioining temporarily the Mallard
Club, will be in force until the question
is heard. The hearing is set for January 30.
CATCHING RNLIETS