The record-union., 1896-10-20
JUDGE A. P. CATLIN.
How the Capitol Came to be Located at
Sacramento.
A Man Who is HonOred and Respected
by the People of Sacra-
mento City.


of the life and public services of Judge
A P. Catlin, written by the late Henry
Edgerton some ten years ago, will be
Of interest to many of the younger
electors at this time when the subject
if it is before the people for reelection
to the office of Superior Judge. With
regard to Judge Catlin the people DO
not have to take him on trust. They
judge of the future by the past. They
know what he is as a lawyer, as
Judge and as a man:
Early in February, 1854, Mr.. Catlin
introduced the bill for the Act, which
is now the law, and which is found in
the statutes of 1854, page p, of which
the first section reads: From and after
one day after the passage OF this Act
the permanent seat of government OF
this State shall be, and the same is
hereby located at the city OF Sacra-
mento.' The second section repealed all
other Acts establishing the seat OF gov
ernment. The peculiar provision pro-
viding for the time when the Act should
take effect, unlike any ever seen In a
statute was the Senator's invention, to
avoid a difficulty which had before been
experienced from parliamentary mo-
tions extending the time for the final
vote beyond the day named for re-
moval. Upon the introduction of the
bill, Charles H. Bryan, Senator from
Yuba, arose and moved that the bill be
rejected-a motion known in parlia-
mentary law though rarely used. He said
it was an insult to the Senate for the
Senator from Sacramento to bring that
IN hafOro the 1.QpiSlafIlrQ
after it had been twice defeated In
reply, our friend reminded him that 1t
was the first time that bill for an
Act had been offered, and the first time
that the full merits Of the question of
permanently locating the seat of gov
ernment had been presented. The
measure was assailed with more vio-
lence than argument It Is sufficient TO
say that after encOuntering some mar
row escapes in its progress to a third
reading, the bill became a law on the
25th Of February. It received the sig
anture of Governor Bigler the moment
1t was delivered to him. The following
| day was the last the Legislature could
| legally sit at Benicia- 1t merely met
and adjourned to meet at the new cap
ital on the 1st Of March, 1904. The peo-
pie of Sacramento did not receive the
| intelligence until after the bill had
| passed, and were much astOniShed at
| so suddenly receiving the boon which
they supposed was irrevocably lost, and
| for which they had made a four years
struggle.
Among the most notable and i'm
portant litigations successfully con-
Quoted by Mr.. Catlin was the Leides-
dorff ranch case. The title Of the Rancho
| Rio de Los Americanos in Sacramento
| County was confirmed by the Land
| Commissioners in 1855, with specific
boundaries, and by the United States
District Court in 1857. The Attorney
General had dismissed an appeal in
the case. The boundaries included the
town of Folsom and the improvements
of the Natoma Water Company upon
several thousand acres Of land. The
water company and the inhabitants of
Folsom engaged Mr.. Catlin to examine
the title, and he having pronounced it
good, they purchased the lands occu-
pied by them of the executors of Fol
som, and paid for them. Soon after
ward in 1858, Hon. Jacob Thompson,
| Secretary Of the Interior, summarily,
and as Mr.. Catlin always contended,
without authority, set aside the sur
vey of the rancho, which survey had
strictly followed the boundary lines
| specified in the decree Of confirmation,
and ordered a new survey in a partic-
ular manner, by which the town Of Fol-
| som and the lands Of the water COM
pany were excluded. There was no re-
| course against the executors Of Fol-
| son. and the parties who had thus lost
| their lands and their money looked to
| Mr. Catlin for relief. He first contested
| the new survey in the Land Depart
ment, and afterward In the United
States District Court. He succeeded
in setting aside the Thompson survey,
but the one that followed it was but lit
| tie better. 1t restored part OF the
lands to the water company, but still
left out the town Of Folsom. He suc-
ceeded in setting aside this survey and
procuring a decree establishing the
original survey under which his clients
purchased From this decree the Gov
ernment appealed, and the case came
up for argument in the United States
Supreme Court at the December term,
| 1868. Mr.. Catlin went to Washington,
was admitted to the Supreme Court on
motion of Judge Jere Black, and, after
waiting four months, reached the argu-
| ment of the case. He was heard for
the greater part Of two days. The case
was exceedingly complicated. and the
principles applicable to 1t were unset
tied. The form of the survey was at
first sight Objectionable, and he en-
tered upon the argument with the whole
court against him except Judge Field,
who, as a Judge Of the Supreme Court
of this State, had become familiar
with the principles of law applicable
to the case. Mr.. Catlln won six of the
nine Justices over to his views and OBJ
tanned a decision affirming the original
survey upon which the patent subse-
quently was issued. Thus was finally
settled the title, and litigation was
terminated, to which Mr.. Catlin had de-
voted six years of earnest work. His
clients had acted upon his advice in
purchasing the property He felt the
weight of the obligation and made
good his purpose Of maintaining the
! soundness Of his opinion by a long
struggle against the Government, ir
which he overcame obstacles which
would have discouraged q less deter
mined nature"
L