The herald., 1896-03-01
Some of the Land Frauds
of the Past
INDIANS WERE TREATED
With No Regard For Facts or
Justice
PROMINENT PEOPLE INTERESTED
Justice Tells How Some Deals Were Put
Through
PROMINENT PEOPLE INTERESTED
The Settlements 10 the San Fernando Valley
Parceled Out
oid Missions Under the Padres Flourished
Until Seeularization at Last Came
and With It the Broken
Down Mexican Rule

''Justice'' comes forward with commit
nication that bears upon San Fernando val
ley land frauds. His letter is as follows:
The exposure of the indignities heaped
upon the poor old Indian, Rogerio Kocha
impels me to add little more to the his.
tory of the rapacity of the land grabbers
of California. am sorry that have moi
all the data at hand that might refer the
public to the record for veritication.
I will confine myself to the valley of San
Fernando alone, tract containing about
100000 acres, enclosed on three sides by
steep and rugged mountains.
1t was the seat of the mission of San
Fernando Rey, founded by the missionary
fathers in the Eighteenth century. The
first settlement was made where the En-
cino rancho now is, and at the time of the
selection of the site for the mission was oc-
cupied by e Mexican named Reyes and an
other whose name has slipped my memory,
under q permit from the governor of the
Californias.
The padres, ever alive TO the necessity of
selecting the garden spots for their mis-
sions, ousted Reyes and his companion and
occupied the spot. Finding it too cold for
the raising of oranges and other fruits ne
lowing year moved their establishment to
the north side of the valley, where remains
of the old mission building can still be
seen.
Under the care of the padres the mission
f1ourished until the secularization in 1888,
when the broad acres that, up to that pc
riod, were covered with the cattle and
sheep belonging to the mission passed into
the control of the civil government.
It may be we'll to note that this seculari-
cation act, passed by the Mexican con.
gress, never took effect and was shortly
afterward repealed, but the struggle that
had and perhaps always will continue be-
tween the church and state had brought on
the ruin of the mission. The governors,
ever rapacious and ever in debt, forced the
missions to pay their debts, both public
and private.
1t can be shown by the record that one
governor even forced the padres to pay
the debts which he lost at horse race. Be-
lieving that war was to be declared by the
United States upon Mexico, these gov
ernors seized every opportunity to en-
eroach upon the rights of the missions.
The lands known as the mission
Lands" we're exempt from being granted
by the governors and could not be granted
to private parties without the express
sanction of the king of Spain and after
wards by the Mexican congress. But the
governors, after having despoiled the mis-
sions of all their property, both real and
personal, plunged them into debt, and
then appointed administrators to see if
there could not be found something else to
satisfy their greed.
Failing in this, every mission was either
rented or sold, and so far as the record
shows those that were sold have been proved
to have been autedated.
At the San Fernando mission at the date
,,,l ,rs. III,
neophytes, contented and happy. In fifteen
years they had dwindIed to less than 800.
Many had died, others had moved into the
mountains, and others had left for other
missions. Those that remained separated
themselves into three bands.
In 1886 two Indians, Oden and Urbano,
his son-in-law, with their families, settled
nando valley at the place called the Es-
corpion. In 1S45 Oden and Urbano asked
to be emancipated and given a grant to
their lands. which was done, they at that
time occupying two leagues of land.
francisco and Rogue, with families,
asked for the place called III Encino, which
was given them.
Thousand varas square near the present
mission.
The remainder. under their captain, Joa-
quin. and consisting of forty families, were
granted a league of land in 1913. Rogerio
was one of these forty.
Now let us see what became of those In
dians and their lands:
Pho Pico. under a pretended sale. in con-
sideration of 81 i 900 which Pho Pico him.
self swears he never received, the truth of
which is verified by draft on Mazatlan
drawn by De Cells, the pretended grantee,
and never paid-conveyed to Eulogia de
Cells the lands of the ex-Missio1 of San
Fernando (You will note that tho seculari-
cation act having been Repealed, there
were no ex-mission lands).
This curious conveyance contains the fol-
lowing clause:
"Said purchaser obligating himself to
maintain on their lands the old Indians on
the premises during their lifetime. with
the right to make their crops, with the only
condition that they shall not have the right
to sell the lands they cultivate and any
other which they possess without anterior
title from the departmental government" !"
Of course it would be folly to insist to
the learned judge that governor could
not bind any of these Indians by making a
deed to de Cells, but there might be some
question whether this deed from Pico TO
Cells, pretended to be dated June II. 1916,
could affect the rights of the Indians under
any other governor which had been made
two, three and ten years previous.
However, be that as it may, the mission
OF San Fernando was claimed as a whole
by two parties. Eulogio de Cells, who
petitioned for it. claiming that it was in
extent fourteen leagues, and Bishop Allie
many claiming it to contain only four
leagues, but by some hook or crook it was
finally patented to the extent of about
twenty-six leagues. and this included the
grant to Joaquin A!calde and forty com
panions and the two leagues granted Oden
and Urbano, and left out the tract granted
Francisco and Rogue.
The attorneys for Oden and Urbano filed
a petition for patent for the two leagues but
finally contented themselves by accepting
a patent for one-quarter of a league not
included in the San Fernando mission
lands.
One Pedro Domec married one of the
daughters of Oden and lived until his death
upon part of what is now iclaimed as the
ex-mission San Fernando rancho, and two
of his daughters and minor child of an.
other daughter. now deceased remain there.
Oden had three sons and three daughters
The grant was made to Oden, Urbano and
Manuel. the son of Urbano.
Shortly after the occupation by the Amer.
Jean forces one Miguil Leonis appeared at
the Escorpion rancho and took forcibIe
possession of the oldest daughter, Esplritu.
Having captured the daughter he was not