The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-08-16
TO PLEAD In BEHALF
OF THE PIOUS FUND
Solicitor PeufieId Of State
Department Goes to
The Hague
fBy Associated Press.i !

New York, Aug lo.-Whnam L.
Penaeid. solicitor of the state depart
ment. sailed on the Campania today to
represent the United States govern
ment as counsel before the arbitration
tribunal which is to meet at the
Hague next month to settle the con
troversy between the United States
and Mexico over what is known as
the rPious fund OF the CALIFORNIA;"
Archbishop Riordan of San Francisco
and several assistants who are to rep
resent the Roman Catholic church in
the arguments before the arbitration
tribunal are already on their way to
the Hague
Proceedings at the Hague will be
followed with close interest by all the
countries OF Europe as well as Ameri-
ca because the case is the first to
come before the permanent tribunal,
and viii. in a measure, serve as a
test OF the efficiency and necessity Of
such a body.
Under the treaty providing for set
Ting the Pious fund claim, no citizen
of Mexico OF the United States was
selected as an arbitrator. This argu-
ment was the direct outcome Of the re-
fusal Of the Salvador arbitrator to
agree to the award made recently by
the Salvador arbitration commission
ed in favor OF the United States.
The case Of the United States has
been prepared with great are by So
Ilcitor PenfeId and Jirres II aalston,
who viii be the agent Of the United
States before the Hague tribunal.
Two questions are to be submitted to
the court. They are:
4 Is this clairn, as consequence
OF former decision, within the gov
erning principle Of res judicata
,. II not. is this claim just2
ther judgment or award as may meet
Unemployment oraward as may meet
all the circumstances Of the case
The plous fund originated in dona-
lions given charitable persons OF
Spain to the Society Of Jesus The
donations began in 1897 and continu
ously through the first thru of the
next century The society was given
450,OOO acres Of land in Lower Cali
fornia. for the establishment OF mis-
sions. especially intended TO evangel
ize the Indians Of the two CALIFORNIA;
After 1867. when Spain expelled the
Jesuits from Mexico, including the
present state OF Calforna, the proper
a. was sold for s2O,000O0 The
Spanish government took over the ad
ministration Of the fund, however anc
continued TO administer it for the ben
eft Of the Catholic missions.
Mexico, on obtaining independence
undertook 10 administer ne fund anC
did so until ls42, when It conhscatet
the entire property to its own uses
but charged itself for sum and pric'
ascertained by It's income, capitalized
on the basis OF 8 per cent per annum
The proceeds OF the fund were pai'
over TO the two bishops of the TIVE
Californias. The Mexican war resulted
in division Of the church ana it wa
not until 90 years after. on July 4
1868. that treaty was made provid
ing for the formation Of q commission
of claims 70 which the bishop Of the
present state OF California presented 1
claim In behalf OF his diocese. for al
equitable share Of the annual interes
due from the republic of Mexico and
with which Il had charged itself be
fore the Mexican war The commits
sion awarded the California churcl
more than 100000, which Mexic'
eaid Since February /, 1869, ther'
Aas been no distribution OF interest
md the United States government
now seeks through the Hague tribun
Al TO secure the share alleged to b
due 60 the diocese OF California
Mexico opposes the claim principalll
on the ground that the Catholic
church Ia California did not inheri
the rights and shares Of the MsAicaI
church.