The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-02-13
D|CK|NSON'S
BILL UNDER
SUSPICION
Santa Barbara Scents
Trouble.
WATER SUPPLY THREATENED
THE CITY MAY LOSE SOME OF
ITS LAND.
Belief That the Proposed Enactment
WATER SUPPLY THREATENED
THE CITY MAY LOSE SOME OF
ITS LAND.
Belief That the Proposed Enactment
Was introduced in the Interest
of a Water Com
pany.
Special Dispatch to The Call.

0-NfN~~SAA @-@S N~---'
SANTA BARBARA, Feb. 12.-Sena-
tor Dickinson of San Francisco recently
introduced the following bill, which in
terests the city of Santa Barbara alone,
but to what extent and in what man
ner it is difficult to tell at this time:
An act to amend an act entitled can
Act to Establish a Political Code by
adding a new section thereto, to be known
and numbered as section 1924, relating to
land patents.
The people of the State of California,
represented in Senate and Assembly, do
enact as follows:
Section l. Where any patent has here
.tofore been issued, purporting to be a
grant Of land by the State of California,
the purchase price for which land has
been fully paid to the officer authorized
by law to receive such payment, but the
issuance Of which patent was irregular or
premature, the said land not having been
surveyed under the authority of the
United States, or the title to said land
such issuance, the said patent and the
execution and issuance thereof are here
by ratified and confirmed as a valid con-
yeyance of said land, and the title of the
State to said land acquired subsequent TO
the issuance of said patent shall inure to
the benefit of the grantee in said patent
named and to his successor or success
sors in interest, and shall west in them
as though said patent were in all respects
regularly issued subsequent to the &C
QUESTION Of said title by the State.
Judge R. B. Garfield, a prominent
lawyer of this city and president Of the
George H. Gould, an attorney and
president of the Montecito Water Com
pany, are the fathers of the bill. This
city has gone to very great expense in
driving a water tunnel into the noun
tains near by to obtain sufficient
water for domestic purposes and other
needs of the city. The land upon which
the tunnel is situated is held under
State patent Garfield and Gould hold
a section along the city tunnel and adj
joining it, but their title to this was
got by United States patent. Below
this and also adjoining the city tunnel
they have another half. section which
they, like the city of Santa Barbara,
hold under a State patent. If this bill
is intended only to secure the title to
this latter half section held under State
patent and also that held by the city
and upon which the city tunnel is stu
ated we'll and good; but if Garfield has
a State patent to the section of land
above the tunnel and adjoining it (there
is no such patent on record) then
scheme is apparent on its face.
There is a suit now pending, entitled
the City of Santa Barbara VS.. r.. B.
Garfield and George H. Gould, to con-
denim whatever interest, If any, Can
field and Gould have in this section of
land, which they hold under United
States patent. There is a question
about the validity of the United States
patent. There is also a question as to
whether the State patents to both Can
field and the city were not prematurely
issued-that is, before the survey was
made and approved; and the proposed
act would ratify and confirm these
State patents.
The lands affected by these various
patents are the west half Of southeast
quarter of section 25 and the west half
of section sc, township 8, range q west,
San Bernardino meridian.
The fact that neither Garfield nor
Gould has volunteered information to
the Mayor, City Attorney or any one
interested in the city's welfare. and
also the fact that the bill is a very
blind one, have led many to be sus-
picious of the proposed act. The Santa
Barbara Water Company has been de-
prived of thousands Of dollars of their
yearly profits by the citys water man
agement, and it was feared the COM
pany wished to obtain title to enough
land near the city water tunnel to drive
q tunnel of it's own and thus drain the
city's tunnel. This it could do If it's
title to the section now held under q
United States patent were held by a
State patent also. and made secure by
the Legislature of California. The sec
ton held by the company below the
water tunnel is too small to permit the
beginning of operations, as the tunnel
would. have to be 1000 or $500 feet in
length.
City Attorney McNulta and Mayor E.
NJ Burke have gone to Sacramento and
will investigate thoroughly.