The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-08-17
SHARE. OF THE PIoUS FUND.
Arbitration Tribunal to Decide
Right of American Diocese.

New York, Aug. 16.-William l..
Penfield. solicitor of the State Depart
ment, sailed on the Campania to-day
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
"Pious fund of the CALIFORNIA;" Arch
bishop Riordan of San Francisco. and
several assistants, who are to represent
the Roman Catholic Church in the ar
guments before the arbitration tribu
nal, are already on their way to The
Hague.
The proceedings at The Hague will
be followed with close interest by all
the countries of Europe as well as
America, because the case is the first
to come before the permanent tribunal,
and Will, in a measure, serve as 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 or the United States was
selected as an arbitrator. This agree
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
in favor of the United States.
The case of the United States has
been prepared with great care by So
licitor Penfield and James H. Ralston,
who will be the agents of the United
States before The Hague tribunal. Two
questions are to be submitted to the
court. They are:
First. Is this claim, as a conse-
quence of a former decision, within the
governing principle of res tudicata?
Second. If not, is this claim just?
The court is also to render such fur
Their judgment or award as may meet
all the circumstances of the case
The Pious Fund originated in dona-
tons given by charitable persons of
Spain to the Society of Jesus. The do
nations began in 1897, and continued
through the first third of the next CEN
fury. The society was given 100000
acres of land in Lower California, for
the establishment of missions, espec-
tally intended to evangelize the In
dams of the two CALIFORNIA; After
1867, when Spain expelled the Jesuits
from Mexico, including the present
state of California, the property was
sold for $20,000,000. The Spanish gov
eminent took over the administration
of the fund, however, and continued to
administer 1t for the benefit of the
Catholic missions.
Mexico, on obtaining independence
undertook to administer the fund, and
did so until 1912, when 1t confiscated
the entire property to it's own uses,
but charged itself for sum and price
ascertained by its income, capitalized
on the basis of 6 per cent per annum.
The proceeds of the fund were paid
over to the two bishops of the two Cal
ifornias. The Mexican war resulted in
a division of the church. and it was
not until twenty years after on July
4, 1868, that treaty was made provid-
ing for the formation Of commission
OF claims to which the bishop of the
present state of California presented a
claim, in behalf of his diocese, for an
equitable share of the annual interest
due from the republic Of Mexico. and
with which it had charged itself be-
fore the Mexican war. The commission
awarded the California church mere
than 100000, which Mexico paid Since
Feb. l, 1869, there has been no distri-
button of interest, and the United
States government now Seeks through
The Hague tribunal to secure the share
alleged 10 be due to the .liocase of
California. Mexico opposes the claim
principally on the ground that the
Catholic Church in California did not
inherit the rights and shares of the
Mexican Church.