Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-16
THE PIOUS FUND CASE
LOCAL HEARINGS CONCLUDED AT
THE sHoREHAM.
Parties at Interest Returned Home
Without Announcing Decision
Another Meeting Probable.

The taking OF testimony in the famous
Pious fund case which has been in progress
during the past week in the Shoreham
Hotel before court commissioner. has
been concluded. and the several parties ut
interest have gone to their respective
homes. 1t is understood that another hear
ing will be had In San Francisco before the
matter will be taken up for final adjudica-
ton. The case may possibly come up dur.
ing the October term OF the Supreme Court
of the District OF Columbia. Among those
who were called to Washington to attend
the hearings and participate in the giving
of testimony were: Bishop Conaty, for
merly head Of the Catholic University OF
America, but now bishop of Monterey and
Los Angeles: Archbishop Riordan Of San
Francisco. Rev. Chas. A Ramm of San
Francisco and Garrett A. McEnerney. at
torney for the church interests
Mr.. Nathaniel Wilson OF this city and
Mr.. Fred D.. McKenney. attorney for the
heirs of the late Philip Phillips, were the
other parties at interest. The bone of con-
tenton Is a contract. executed In 1869,
which is claimed by the church officials to
cover services of Messrs. Wilson and Phil
lips for the years from 1860 to 1907. but
which plaintiffs claim has not lapsed, and
Is still in force.
The suit was brought by Mr.. Wilson
against the church officials in California to
recover 10 per cent Of $0O5, 900. the amount
collected by the church from Mexico, under
an award made in 1902 at The Hague.
The same award made 1t cunpulsory upon
Mexico to pay in addition, in perpetuity.
the sum OF $43 ,050.99, annually. and Mr..
Wilson and the heirs Of Mr.. Phillips sae1
for 10 per cent of this amount.
Story of the Suit.
The story of the suit is contained in the
bills fled by Mr.. Wilson and the answer
filed by Mr.. McEnerney on behalf of the
church According to this authority, a
mixed commission to settle claims against
Mexico was created IN 1869. To that COM
mission the then archbishop and bishops
presented a claim for twenty-one years
interest on the Pious fund, that is, from
February 2, 1S4S, the day Mexico coded
California to the United States, to Febru-
airy 2. 1869. the day the mixed commission
was created
In the early '70s, Nathaniel Wilson and
Philip Phillips were employed to assist in
the prosecution of the CLAIMS of the church
for the twenty-one years interest and were
to receive 10 per cent of the recovery. An
award of $500, 600 was made to the church
in 1878. This award was paid In thirteen
annual installments, commencing in 1878
and ending in 1890.
1t is claimed by the church authorities
that Mr.. Wilson received his $4,000, and
Mr.. Phillips and his heirs received their
$45 900. Mr.. Phillips died in 1854.
The award at The Hague was for thirty
three years interest, from 1869 to 1902 and
it is claimed by the prelates that Mr.. Phil
lips never rendered any service in the col
lection of these thfrty-three years inter-
est. and never wrote to the church author
tiles on the subject.
On the other hand, the church asserts
that his employment was limited to the
twenty-on installments. They say that in
1902, after the Washington papers had re-
ported that Mexico and the United States
had agreed upon a treaty to refer the PiOus
fund case to the tribunal at The Hague
Mr. Wilson wrote claiming his contract
covered the new case, and rendering his
services.
The Services Declined.
These services were declined by the arch
bishop and bishop upon the ground that Mr..
Wilson's contract only covered the first
twenty-one years interest, and for that.
they say, he had been fully paid. They
further aIlege that he had abandoned all
rights under the contract by failing to rem
der any services in the case for twenty-five
years, although it was his duty to attempt
the collection Of the interest if his contract
In, frrc