The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-12
RANCHO SAN PEDRO
Tz11E1MA1 COMPANY BRINGS
SUIT FOB TIDE LANDS
cRlsToBAL DoMINcuEz GRANT
FINER BAY Excepted in United States
suEvey-Court Asked to Confirm
u the Decree

The Terminal Land company. which Is
Essentially the railway company. filed a
suit yesterday against the government In
the United States district court. The suit
= brought for correction of patent and u
said to be the first Of the kind on this
coast. The complaint recalls incidents In
the early American history Of Los An
eelss county, and the lands described are
BART Of tho Rancho San Pedro. once the
property Of one Of the old patrtcian Spanish
familie2 It was on this ranch that the
skirmish between the United States sailors
and marines from the transport Savannah
and the Mexicans occurred, in 1S46, In
which several of the former were killed
and their bodies inferred on Isla de los
Nuertos or Dead Mans island.
The complaint in the case alleges that
the Terminal Land company has been
since April Is, 1892, owner in fee simple of
all the land described in the decree of the
board Of land commissioners. which was
purchased for q consideration exceeding
$500, 900, and relied in the purchase on the
title set forth in the decree as establis he'd
by the board and the United States court.
Prior to February q 1913. all the land de-
scribed had been granted by the republic
Of Mexico to the grantee named therein.
BY the treaty Of peace between Mexico and
the United States. dated February 2, 1s4S,
ct Guadalupe Hidalgo. proclaimed July
I, 1S4a, by the president the government
granted to the heirs and grantees full en-
1oyment Of It, and thereunto pledged its
honor. The federal government approved
this action by act of congress. March 8.
1857, and the board of commissioners au-
thenticated the grants. the grantee having
appeared before the board and proved said
grant.
The. complaint contains a copy of the
original decree Of confirmation of the
grant conferred to Cristobal Dominguez
entitled the Rancho San Pedro, the boun-
daries Of which are described as COM
mencing at certain large also, or syca-
more tree. thence running westerly to a
stake. near the high road near a small
arroyo. or creek; thence crossing the plain
following the line of certain stones placed
as landmarks across the boundary line to a
large stone on the top of sand hill; thence
to the sea. passing by and including the
salt ponds known by the name of Las
Salinas; thence along the sea until it
reaches . point opposite the northern line
Of Palos verdes. occupied and confirmed
From this point the line ran in an easterly
direction to some sand hills for about Il, 600
varas. then southerly to point called La
0aleta, on the sea coast; thence following
the coast In an easterly direction to the
mouth Of the riven San Gabriel; then up
the river to a certain stone along the line
Of commencement, containing eight and a
half square leagues. The decree was
- in
Alpheus Fitch, r. Aug Thompson. L. B.
Darrell. commissioners.
survey was ordered, and the surveyor
general found the boundaries of the grant
to be identical with those fixed by the de-
cree. but put in an exception, reserving
and excluding the land covered by the navi-
gable waters of the inner bay of San Pc
dro. Under the Mexican law the land
covered by the ebb and flow of the tide is
included in the grant. The plaintiffs are
Of the same opinion. and claim that the sur
veyor generals exception was without au-
thority of law and without his jurisdic-
ton. ana was made under a misapprehen-
sion on his part that the line Of the said
grant as made by Mexico formed part of
the land so excepted. That the tide ebbcd
and dowed over said excepted part did not
klVS LILO surveyor 70 except IL
from the grant nor did 1t constitute him
authority.
The United States on December 10, 1858,
issued and delivered to the grantees heirs
q patent for said grant. but the officers
wrongfully incorporated into said patent,
without authority, law or jurisdiction TO do
30. the exception In the survey, which is a
violation Of the treaty of the law of 1851.
L. YnI ~
grant as made by Mexico and confirmed to
him ana his heirs. The land Is no part of
the public harbor Of San Pedro. nor does IT
encroach thereon. Plaintiffs ask that the
court sustain tho original decree Of the
board Of land commissioners.
The Banning company some time ago
was defendant in a suit for ejectment of
Mormon island, brought by the Terminal
company. but the supreme court decided
that they had no basis for suit, until the
patent in the land was reformed.