San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-06-26
A BILL FOR THOUSANDS
IN WHICH THE FORT BROWN
RESERVATION is CONCERNED.
James Stillman and Thomas Carson Are
Defendants And OBJ Comb, Com !.
plainant, Prays for 100000.

A bill in equity has been filed in the
Federal court at Brownsville, Texas,
involving the Fort Brown military res
ervation. The, complainant is c. b.
Combe, of Brownsville, as sole indie
pendent executor of stephen Powers.
late of Cameron county, and the de-
PENDANTS are Thomas Carson, admin
istrator of the estate of Maria Josefa
Cavazos, late of Cameron county, in
his own right, and Leocondio, Antonio,
Melchor, Bernardo, Higinio, Alexandra,
Jose Maria, Feliceta, Andrea, Juan
and Vicente Salinas and Francisco
Yturria, R. D. Hinojosa and HI. E.
Woodhouse, all Of Brownsville: Hen
ry Miller of Chicago; Charlotte Miller,
of Brownsville; Matt Gerhard, Of Los
Angeles, CAL; Charles S. Dana and
wife, of Boston, and James Stillman,
of New York.
A number Of San Antonio attorneys
are interested in the case, among them
being Judge c. L. Bates, Judge Mason
George c. Altgelt and Duval West.
Plaintiff represents that on May /,
1916, Zacharia Taylor, then brigadier-
general of United States army,
commanding military forces On the
frontier of Texas, settled upon and
took possession of a tract of land
being military fort, garrison
and reservation in Cameron county,
Texas, on the Espiritu Santa grant,
known as Fort Brown military reser-
walton.
Plaintiff further represents that this
was at this time private property, be-
longing to Miguel Salinas and others,
and that no compensation has ever
been made therefor to them, and that
no title has ever been acquired from
them by the United States, except at
the time and in the manner stated
1t is further alleged that Stephen
Powers who died February 1892, had
acquired title to one half of the prop
erty.'
The bill shows that Congress on
March g. 1885, made an appropriation
of 100000 to enable the secretary of war
to acquire a valid title Of the United
States and to extinguish all claims for
the use and occupancy of the reserva-
ton by the United States. =
Plaintiff further represents that de-
PENDANTS Stillman and Carson have
fraudulently concealed from plaintiff
and other claimants the fact that they
had collected and fraudulently appro-
priated and converted to their own use
all of fund of 100000; that William
P. Ba1linger, d. B. Culberson and T.
N. Wall had been appointed arbitra-
tors; that Ballinger is dead and Gull
berson has declined to act and that
defendants decline to supply their pla-
ces so as to proceed with the arbitra-
ton, and that defendants refuse to ac-
count for a trust fund of $4,000 that
the estate of testator Stephen Powers
is entitled to one-half of the fund of
$3.50, 900.
Premises considered, plaintiff prays
that an -interlocutory order be made
directing James Stillman and Thomas
Carson to pay the fund of 100000 into
the registry of the court, or that a re-
ceiver be appointed to take charge of
the fund; that defendants Stillman and
Carson be enjoined from making frau
dulent use of a certain judgment; that
they be compelled to account for the
fund of $4,000 with interest from April
25,1S95 and that the trust created by
the agreement of July 49, 1887 and the
Judgment Of July IA, 1887 be enforced.
Judge Maxey granted an order yes
terday in this case for substituted SER
vice.