The San Francisco call., 1896-03-05


firmcd for four leagues. seemingly surveyed for
four leagues and afterward patented for
eleven leagues But where its boundaries now
are is matter that principally depends upon
the will of its present proprietor, one Irvine,
abouts in q whirlpool OF litigation.
Having told the story of fraud the petit
toner becomes personal and proceeds to
score no less person than Justice Field of
the United States Supreme Court and Sena-
tor Stephen M. White in connection with
them. He says:
Mr.. Justice Field, sitting as Circuit Judge in
deciding the case of the United States VS.. Flint
and others, seemed to consider the rights Of
the Government in these lands of which it had
been defrauded too estate" to entitle them to
the consideration OF q court of equity. (See 4
Sawyer, 42-87)
that until the passage of the limitation act of
March 3, 1891, there was no statute of limita-
tions as against the United States. And with
all due defercnce to the distinguished author
that those Government officials, whether legis-
lative, executive or Judicial, whose official
action has most largely contributed to uphold,
as against the Government and people, these
lniuuitous Mexican claims, ought not now to
virtually plead their own laches as an excuse
for making this greet wrong perpetual.
Without undertaking 70 assail or discuss the
is undeniable that for more than forty-five
years past the whole weight OF his great tai
ents and learning, first as lawyer and then as
a Judge, has been welded in the support of
spurious land claims as against the rights of
the Government and the just demands OF the
settlers.
Your petitioner well remembers as far back
as the early ifties when General John A. SUIT
ter and his grantees claimed thirty-tnree
leagues of land under two alleged grants, one
genuine for eleven leagues and the other spu-
Hon. Stephen J. Field was the leading counsel
for large and wealthy clientage who sought
TO eject from their homes settlers occupying
lands claimed under the grants referred to.
These grants purported to be within ter
ritory known as the New Helyetia, covering
about forty square leagues. At the time men,
toned there had been no patent and no survey.
either of the genuine grant or the spurious
one So that even If both grants had been
valid no one could have told whether given
quarter-section was part of the thirty-three
leagues claimed under Sutter, or whether it
was a part of the other eleven leagues conceded
to belong to the United States.
Under these conditions even Mr.. Field, with
all his forensic, powers, aided by willing
of his country to guess these settlers obt of
house and home and turn over both land and
improvements to those voracious speculators.
But the great land-grant claimants of Cali
fornia knew full well tnat Mr.. Field, as Su-
preme Court Judge, could serve them far more
efficiently than as lawyer. Therefore in the
year 1857 he was elected to that exalted posi-
ton and his old clients soon found that neither
their labor nor their money used in placing
him on the bench had been spent in vain.
Shortly after Justice Fields election to the Cali
fornia Supreme Judgship he rendered his cele-
brated decision in the case of Ferris VS.. Coover,
in which he broadly laid down the law to be
that whenever there was Spanish or Mexi-
definite boundaries embracing larger tract
than was granted until the grant was located
1.-the right of the grantee remained good to the
possession of the entire tract within the desig-
otaIh hryxv a r{n ~
He turns to Senator White in this
fashion:
But as time rolls on. and as their ill-gotten
lands grow more valuable. and as the rotten
ness of the foundations on which rest their
pretended titles become more and more ap,
holders of these immense properties cannot
trust to mere lobbyists and spies to do their
work. Hence they stand represented to-day
upon the floor of the United States Senate
chamber by one of the most able and dis.
tinguished lawyers of this State. While, as
member of this august body, he is charged
tecting the public domain of the United States
against all sorts of wrongful claimants, he is
at the same time the hired and leading co un-
sci in the courts for wealthy California COR
poration aiding it in its efforts to maintain its
grasp upon 60, 600 acres OF the San Fern ando
Mission lands, which, upon Investigations
your petitioner verify believes-will be found
to be the property of the United States.
circumstance that greatly aggravates
the enormity OF this claim is the fact that the
land now claimed by 1t is almost equal to the
amount of land originally confirmed to the
claimant, but is only about half the land en-
braced in the so-called patent survey, which
survey, it will be remembered, was made by
Hancock, the claimants own counsel.
How 1t is possible-or whether or not 1t Is
possible-even for SO able man as CALIFORNIA; ;
senior Senator to properly represent the an.
tagonisic interests OF SO great Government
and so large q corporation at one and the same
time, remains to be seen. But If the United
States District Attorney, Ord, and the United
States Surveyor, Hancock, could do so on a
small scale, 1t may be possible for United States
Senator Stephen M. White to do SO on still
larger one.