The herald., 1896-02-06
THE Attending ANT|DOTE
In this Instance II is Just Re-
futatiOn
RodERIo RocHA'S TITLE
James p. Montgomery Takes Up the Ar.
gumeut With Judge Widney
He Says that the Judge nade q Mock Show
Of Fairness and an Ostentatious Pa.
rade Of Honest Intention

James P. Montgomery, the son of Hon.
Zach Montgomery, ex-assstant attorney
general of the United States, has come to
the defense of his fathers reputation and
character. and incidentally takes issue
with Judge R. M. Widney in the existing
controversy as to the real rights of Rogerio
Rocha and certain other Indians to lands
of which it is alleged they have been dis
possessed by color of law:
s'Having observed in the columns of
your paper of the Sd inst. Judge r. M.
Widney's Say Regarding Rogerio Rocha's
Claim to Mission Lands, as also his pre-
sumption and unwarranted charges against
those who are endeavoring to restore to
the people thousands of acres of land of
which they have been defrauded, it seems
to be my duty. owing to the absence from
this city of one against whom these charges
seem to have been principally urged, to
call the honorable judge to a proof of his
unsubstantiated allegation, in order that
the virus of calumny may not be per-
mitted to circulate without the attending
Antidote of just refutation.
MOCK FAIRNESS
"With a mock show of fairness and an
ostentatious parade of an apparently hon
est intention, the honorable judge intro.
duces himself and his subject by saying: Il
will present as nearly as l can facts and
not sentiment founded on imaginary facts
''But before the breath voicing this COM
mendable sentiment had lost its pulsations
on the air it is jostled and hustled to the
realm of hypocrisy by the following med
ley OF false statements.
stIhe rOOt of the whole matter ia an at.
tack on the San Fernando title, and the
milk of the cocoanut is that the attacking
party hopes to make money out of it.
They are not working for their health or to
put money in the treasury of the United
States. The attacking party says the
plum. If the lands were worthless we
would hear nothing on the subject. If the
title were thrown back to the government
the government would only get the paltry
sum OF $3.50 per acre, and private parties
would take the rest of the $12 100000.
"None of the present owners had any
thing to do with the original Mexican grant
Or it's confirmation. They are all innocent
purchasers at from 500 per acre up to sew
sral hundred dollars per acre. Many of
them have valuable orange and fruit or
chards on these lands as we'll as other inn
provements. Is it called equity to try and
divest them of title?"
A GOOD PRESENTATION
"Without reserve, without equivocation,
state and solmenly affirm that the party
or parties whoever they. are, who so ably
and nobly presented to the public attention
in the columns of The HERALD the cause
of the outraged Rogerio Rocha, were in no.
wise inspired or influenced or otherwise in.
duced to present these facts by Zach. Mont
gomery or those who are aiding him in the
work of exposing the frauds which befoul
the Mexican and other land grants of this
and adjacent states. Therefore it is not
true ''that the whole matter namely, the
statement of the Rogerio outrage) is an at
tack on the San Fernando title" 1t does,
however. seem true Judging from The
HERALD's expose) that If Rogerio received
Justice q slice OF several thousand acres
would be wrested from fraudulent holders.
Yes, l will admit, most honorable judy e,
that If these stolen lands are wrested from
their fraudulent holders those who repre-
sent the people will likely receive some
compensation for their tolls in behalf of
Justice. And is it not right that they
should? Or would you, most scrupulous
and exact of honorable men, refuse the
just tribute of your labors?
JUDGE RIGHT ONCE
t'Verily the judge states tho truth for
once when he says, IF the lands were
worthless we would hear nothing of the
subject For, wherefore should the friends
of justice contend if there was nothing of
value stolen? If a man steals my fuel
apprehend him, if he takes my ashes. 1 cay
tits we'll. But the irreproachable Daniel
says If the title were thrown back to the
government, the government would only
get the paltry sum of $3.50 per acre, and
private parties would take the rest of the
twelve Millions
''For the sake of present argument let
fhe, lid l. I.
says the government would receive the
paltry sum of $3.50 per acre, which, on the
San Fernando grant alone, would approxi-
mate 100000. Is this sum too insignifi-
cant for the governments consideration?
"Truly judge, your kline must have
iherded on clover pasturage! But the judge
feels his pulse grow tremulous at the
thought of private parties acquiring the
rest of the $12,OOO,OOO. But who
are the private parties that the
honorable judge so apprehends will get
possession of this S12,0O0,OOO worth of
land? They are the people, the citizens of
this commonwealth. The people who
have been SO long defrauded of their right
to settle without molestation ON their coun-
try's lands, without hindrance, fear or IA
vor of or from those whose sins pollute the
very bar OF justice and cry to heaven for
retributive vengeance, whilst their oily
tongues and velvety garmentage yield a
ment due their long accumulated iniquities
Then with what touching pathos the judge
presses the sympathetic key of equity
when he says ''hone of the present owners
had anything to do with the original Mex
lean grant or its confirmation. They are
all innocent purchasers at from twenty per
acre or up to several hundred dollars per
acre. Many of them have valuable orange
and fruit orchards, as we'll as other improve
ments. ls 1t called equity to try and divest
them of title?
THE JUDGES ERROR
SIT is not known to me at the present
writing whether or not the judge states cor
rectly, when he says, none of the present
owners had anything to do with the origi-
nal Mexican grant or its confirma,Ion.' ,
But that they are all innocent purchasers ,
namely without notice of fraud perpetrated
by the original grantees on the government,
] emphatically deny, that is, of course. on
the presumption that the present large
holders of these fraudulently acquired
lands are men of ordinary common sense
and business discretion, for it is possible
Mr.. Porter and the members of the Los
Angeles Farming and Milling company in
vested their money in these vast tracts of
land without a due search of title. And
what dirty nest of fraud does not such a
search reveal. No Judge, don't try to con-
vince yourself and fool the people into the
belief that the vast tract of land
embraced in this fraudulent grant
has been sold and parceled out
% innocent purchasers for some OF
the readers of your Philippe may be
tempted to go forth and visit these lands to