The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-05-26
UNITED STATES COURTS
Opinion BY Judge Ross Ia the isvlns Case
Business In the District Court

In the United States circuit court.
yesterday. Judge Ross gave an opinion
in the case of the Irvine company VS..
John S. Bond, ct al, sustaining the po-
sition of the plaintiff on the point rals-
ed
the complainant, alleged to be cor
poration organized under the laws Oh
West Virginia against a large NUMBER
of persons alleged to be citizens or Cal
ifornia, to procure decree quoting liis
complainents' right TO the waters .,
Santiago creek, in Orange county. ana
an Injunction enjoining the defendants
from Interfering with the waters or It's
dams, fumes bitches, etc. The COM
plainant based its alleged rights upon
its alleged ownership of the Rancno Lo-
mas de Santiago, in Orange county,
containing $4,000 acres of land, ana an
adjoining tract of $4,000 acres or inc
Rancho Santiago de santa Ana throus,i
which latter tract the Santiago creek
runs in its natural channel, and riparian
to which it is averred are all the lands
owned by the complainant.
The defendants Lotspeich filed a plea
to the jurisdiction of the court, aVerrihs
in substance that the court ought NOT
to take cogniZance of the suit, claiming
that it had been collusively and improp'
erly made for the sole purpose of Great
ing a case cognizable by the court; that
the Irvine company was not the real
party in interest, but nominal party
only: that James Irvine signed and &C
knowledged a conveyance purportlng 10
transfer all the lands. etc.. in the
amended bill to the Irvine company,
but that the transfer was not real or
actual. only fictitious. to create a fctt-
tious ground for federal jurisdiction ana
to prevent a trial of the title TO inc
waters in controversy in the country
where situated.
The court having heard argument and
accepting as true the facts alleged in
the plea, sustained the plea, but later
testimony was taken upon the issues
of fact, and the present decision re-
verses the former ruling and overrules
the plea.
The judge in discussing the testi-
mony, says that the allegation that Mr..
Irvine fled from Orange county to avoid
service in an action brought in the Or
ange county superior court and remain
ed in hiding until after he had executed
the deed in question, is not true. In view
of the testimony he holds that he would
not be justified in holding that the con-
veyance made by James Irvine to the
complainant company was nctltlouS
and not real.
Judge Ross also filed an opinion in the
case of the United States VS.. the South
ern Pacific Railroad company and E. NJ.
Wright. This was a case in which GER
tain lands were patented by the United
States to the railroad, and were also
claimed by the state as school land. Mr..
Wright had a deed from the railroad,
and also a patent from the state Of Cal
ifirnia. The court held that the Land
did not pass under the railroad grant,
nor by reason of the fact that the state
had selected the land as school land,
and further held that the land was not
granted to the state for the reason that
the state selection had not been approv-
ed by the department of the interior
The court therefore entered decree in
favor of the government against the
title held under theJTailroad and that
held under the state.
In the afternoon another point was
raised. a new law of congress, and the
case was again taken under Amusement
DISTRICT COURT.
Ir the district court, before Judge
Wellborn, Messrs. Fulkerson, Stevens,
Booth and the two Woods entered their
pleas of not guilty to the charge of
using the mails for a lottery scheme,
and their cases will be set for hearing on
Monday next.
Jacob Sea pleaded guilty to the charge
of cutting timber on government land,
and was fined 800.
Mrs Feliciana Paine pleaded not gull
ty to the charge of selling liquor to In
dams. and her case was set for trial
June Goth.