The record-union., 1898-04-20
THE TIDE LAND iHTnUDERS
THOSE IN SAN DIEGO Ray TO
BE DRIVEN OUT.
Governor Budd Has Issued a Pro.
clamation to That
Effect

ney of Los Angeles County, and under
the opinion OF the Attorney General,
| Governor Budd yesterday issued a
proclamation to the Sheriff of Los An
geles County, directing him to remove
intruderS on tide lands situated within
his jurisdiction.
The communication of District At
torney Dannell of Los Angeles County,
which led to the issuance of the procla-
nation, is as follows:
ITO the Hon. James H. Budd. Gov
ernor of the State of California-Dear
Sir: [ desire to report to your excel
lency that certain parties, as follows:
Rudolph Axman, Thomas Legget, J.
Charles Clemens, and others, have in
truded upon ungranted tide lands of
the State of California such intrusion
being inconsistent with the sovereignty
and jurisdiction of the State of Califor-
MIA, and in open violation and notori-
Gus disregard of the provisions of Sec
tiOn II. Political Code of the State of
California.
THAT the said land so unlawfully
intruded upon being tide lands of the
State, being situated in Los Angeles
County, abutting and adjoining tide
ing located in township south, range
13 west, San Bernardino meridian, said
lands being located in Sections Nos.
Is and 10. That said lands now in
truded upon and occupied being be-
tween ordinary high water and low
water mark. That the said parties
| herein complained of are now using
and occupying said lands.
I, oIos.
quests that an order be made by your
excellency directing the Sheriff of Los
| Angeles County to remove said in
| truders.
(Signed) 81 A. DANNELL,
| District Attorney of Los Angeles
County, Cal"
| ATTORNEY-GE GENERALS REPLY.
The opinion of Attorney General Fitz-
gerald, the authority under which the
Governor acted. is as follows:
Hon. James H Budd, Governor
| Dear Sir: I am in receipt of your fa-
vor of recent date, inclosing copies of
letters received by you from the Dis
trict Attorney of Los Angeles County
relative to the water front of San
| Pedro
I'm reply to your request for advice
as to what steps are necessary in the
premises, l am of the opinion that if
the statement made by the District
Attorney is true viz: That certain
parties have intruded upon
ungranted lands of the State of Call
fornia' in violation of Section 42 of the
| Political Code of this State, your duty
| is very clearly defined by that section
which is as follows:
If any person, under any pretense
of any claim inconsistent with the SOW
ereignty and jurisdiction of the State
intrudes upon any of the waste or un-
granted lands of the State the District
Attorney of the county must immedi-
ately report the same to the Governor
who must thereupon, by a written or
| der. direct the Sheriff of the county to
remove the intruder; and if resistance
| to the execution of the order is made
or threatened the Sheriff may call to his
aid the power of the county, as in
cases of resistance to the writs of the
people,
(Signed) "W. F. FITZGERALD,
attorney General
GOVERNORS PROCLAMATION.
The Governor has issued a procla-
IndlIOH dS 1OliCNo-
John Burr, Sheriff of the county of
Los Angeles: Whereas. 1t has been re-
ported to me as Governor of CalifOr-
MIA that certain persons, viz: Rudolph
Axman. Thomas Legget and j. Charles
Clemens and others, under pretense OF
claim inconsistent with the sovereignty
and Jurisdiction of the State of Califor-
MIA. have intruded upon certain un-
granted tide lands of the State stu
ated at San Pedro, in the county OF
Los Angeles and more particularly de-
scribed in the report of said District
Attorney, hereto appended, and marked
Exhibit A: and
Whereas, The Attorney-General of
the State of California, Hon. w. F.
Fitzgerald, has advised me as to my
duty in the premises, as appears more
fully by his opinion, a copy of which
is hereunto appended, and marked 'Ex-
hibit b:
Now, therefore, I, James H. Budd,
Governor of California, do hereby order
and direct you, John Burr, Sheriff of
the county of Los Angeles, to remove
the said intruders, Rudolph Axman,
Thomas Legget, j. Charles Clemens
and others. and if resistance to the ex-
ecution of this order is made, or threat
ened. to call to your aid the power of
the county. as in cases of resistance to
writs of the people.
(Signed) JAMES H. BUDD,
Governor"