The herald., 1896-01-25
THERE WAS A TRUST DEED
Attorney Lewis Gave 1t to Ro-
geriO Rocha
NEVER WAS PUT ON RECORD
Mr.. Lewis Friends Make an Explanation
in His Behalf
The Quit Claim Deed Was Obtained From
Rocha for the Purpose of Protecting
the Indian From Schemers

Attorney Frank d. Lewis, who is the
legal representative of the Mission Indians,
including Rogerio Rocha, duly appointed
by the federal government, has been alb
sent from the city during the past week,
but he will return today.
Mr.. Lewis friends in Los Angeles, and
they are quite numerous, assert that he
has been vigilant, and, furthermore. that
he has done his full duty in the matter of
protecting the rights of one of his clients,
Rogerio Rocha, to certain lands in the San
Fernando rancho.
There was only one thing that ever
caused any comment with regard to Mr..
Lewis, and that was the quitclaim deed
which is on record at the court house,
whereby he acquired for consideration of
$40, all the right and title of his client,
Rocha, to the lands in question.
But an explanation of this has been
made which places the matter of this deed
in different light from that which the
bare record itself would indicate.
Mr.. Lewis in an interview at Riverside
said that his deed from Rocha was purely
a trust deed. The HERALD said that the
deed on record was quit claim and that
the record failed to show any trust deed of
Rocha to Lewis. This was correct.
But Mr.. Lewis friends say that he did,
after Rocha had quit claimed to him, give
Rocha trust deed of the same property.
This trust deed has not been placed on
record.
Mr.. Lewis friends assert that the reason
Rogerio Nocha quit claimed his title to At
torney Lewis was solely to protect the In
dams rights. They claim that he was be-
ing followed by number of people who
were trying to secure a deed from him.
They were getting the Indian drunk and
doing everything in their power to get
Rocha's deed.
1t was therefore considered the wise and
proper thing for Kocha to quit claim to
Lewis as a matter of safety. Then he
could not give his rights away, nor could he
be bamboozled out of them. Now, in or
der to throw the people who were endeav-
oring to get Rocha's deed off the track the
quit claim deed only was placed on record.
The trust deed was not recorded. This was
for Rocha's good, so the friends of Mr..
wanted to secure the Indians title searched
the records they found that he had con-
veyed all of his rights to Mr.. Lewis, and
they did not bother Rocha any more, there
by saving him sundry drinks and great an
noyance.
Mr.. Lewis friends claim that Mrs. An
tonic f. Coronel has approved of Mr..
Lewis course in this matter all the way
through. Mrs. Coronel is the advisor of
Rocha and lady of high repute.
Mr.. Lewis will arrive in the city today
and will. SO his friends say. make full
and complete statement of Rocha's case.
Hon. Zach Montgomery, in his petition
to President Cleveland and to congress,
has particularly attacked the validity of
the De Cells grant, which he asserts is void
on its face. This De Cells grant is the one
that conflicts with Rocha's title, and by
virtue of it's existence Rocha was dispos-
sessed of his lands. In his petition Mont
gomery says:
IF, then, the De Cells claim was void in
law, as shown on the face of claimants
dc Celis) petition, and if the commits.
siOners' decree OF confirmation was void
for want of jurisdiction, it clearly follows
that all subsequent proceedings. including
the decree of a1firmance by the United
States district court as well as the survey
ing and patenting of the land we're also
void. 1t is settled law that where a lower
court has no jurisdiction, it necessarily fol-
lows that the appellate court could not &C.
quire any by appeal.
''Thus it is clear that there was no au-
thcrity to either survey or patent private
land claim in California until the same
had been 'confirmed:' which of course
means validity confirmed, for void confir-
nation is no confirmation.
''lndeed the authorities in support of this
innumerable and without conflict.
"Here then ore the nature and source of
the so called title, under which two corpor-
atoms are today holding some twents-six
square leagues, or about 10000 acres of
the most valuable lands in Southern Cali
fornia, directly adjacent to the great and
growing city of Los Angeles, and worth
exclusive of Improvements, at least 12,-
100000. Perhaps the question may be
asked how it was possible that while only
fourteen leagues were embraced in this so
called decree of confirmation, yet twenty
six leagues were covered by the patent?
''ln answer to this inquiry, your petit
toner does not hesitate to declare that
whoever will scrutinize carefully the Off.
cial acts of those public functionaries who
have from time to time been entrusted
with the responsible duty of either adiudi-
eating or fixing bounds to these Spanish
and Mexican land claims in California, will
be forced to the conclusion that in very
many instances neither law nor Justice nor
common sense has had feathers weight
with these officials, as against the grasping
greed of fraudulent land claimants. Nor
is this charge made without thoroughly
weighing the words in which it is couched.
Let the law and the facts speak for them
selves. For example: The Mexican law
forbade the granting of more than eleven
leagues of land to any one individual.
Of more than eleven leagues to one person
was void as to the excess. Gu. S. v. Hart
nell. % Howard 2S6 and U. S. v. Larkin,
ls Howard 557; U. S. v. Central Pacific
r. r. Co., ! Federal Reporter 400. SO
that even if this grant of San Fernando
mission lands had not been otherwise
void, as a grant, it would certainly have
been void as to the three of the fourteen
leagues, attempted to be granted, simply
for the want of power in the governor to
make SO large grant to one person. In
other words three leagues out of fourteen
would still have been government lands,
and the commissioners would have had no
more legal authority to award to the claim
ant these three leagues of the public do.
main. than they would have had to award
him 5000 leagues.
''lf this is not sound doctrine, then
where shall we draw the line of limitation
Where shall we set boundary to the land
granting power of this board of commits
sioners?"
GAVE HIM THH SLIP