Los Angeles herald., 1905-08-18
IMPORTANT CASE CALLED IN
SUPERIOR COURT
INTERESTS MANY COUNTRIES
Catholic Dlgnltarles Are Defendants In
Suit by Heirs Whose Antecedents
Loaned Money to Mis-
slonaries


attract the attention of not only the
Catholic prelates in Rome but of
Catholic dignitaries in all parts of the
world was taken yesterday when the
leading bishops of the California dis
trict, through their attorneys, filed a
demurrer to and motion to strike out
the complaint of the Aguirre heirs, who
are suing to secure a share in the Plus
fund, before Judge Bordwell in depart
ment of the Los Angeles county
superior court.
Attorneys, representing the ablest
firms in the state, appeared for the
plaintiffs and defendants and the entire
day was spent in arguing the motion,
and the case was postponed until today
for further hearing 1t is understood
that this preliminary Step is to be
fought to the limit in an effort by the
attorneys for the defendants to prac-
tically cause the filing of new COM
plant.
laThe most important clauses in the
complaint Of the Aguirre heirs, which
covers more than score Of closely
written pages, have been attacked by
the attorneys for the defense, who ask
that they be stricken out. If they win.
it may mean the disarrangement of the
entire complaint.
Array of Legal Talent
When the case was called yesterday
only a few of the interested parties
were in the court room and none of the
church officials appeared. Attorney
Garrett w. McEnerney of San Fran
cisco appeared for Archbishop Pat Will
liam Riorden and Bishop Thomas
Grace of the northern district Bishop
Conaty Of Los Angeles was represented
by Attorney ]. Wiseman Macdonald,
and Attorney J. T. Conroy appeared
for A. Ferrer, the cross-complainant.
Martin Aguirre and other heirs were
represented by Ex-Governor Henry T.
Gage and w. I. Foley.
Attorney McEnerney opened for the
defense, referring to the settlement
made between the Aguirre heirs and
Bishops Allemeny and Amat thirty
years ago, when the heirs were given
several thousand dollars to quiet their
claim. "This matter is one entirely
within the jurisdiction of the pope at
Rome and entirely without the court of
law" said Attorney McEnerney. 1.-THE
case is dead and has been disposed of
long ago and there is no conceivable
arrangement whereby the defendants
can be held responsible for the acts of
Others"
The suit arises from a claim by the
heirs of the late Don Jose Antonio
Aguirre to a portion of the Plus fund,
which has been the subject of interna-
tional arbitration and Of many papal
DEGREES.
Debt by Missionaries
The debt to which the heirs lay
claim was contracted by the missionary
fathers, or early padres of Southern
California, with Don Jose Aguirre.
The fathers drew upon the ready purse
lnf the Don for about $37, 500, it is said,
during the early years Of the last CEN
tury. This later went into the Plus
fund for the spreading of Catholicism
in Southern California, and when the
fund was about to be distributed the
Aguirre heirs declared for share.
The matter was referred to a COM
mission for settlement, but they failed
to agree and it was left entirely for
Sir Edward Thornton, British ambas-
sador at Washington, as referee to
make settlement. -
A verdict was found in favor of the
heirs and it is now alleged by the heirs
that Bishop Allemeny of San Francisco
and Bishop Amat of Los Angeles were
ordered by the pope to pay the indebt-
edness which had been acknowledged
by Bishop Garcia Diego.
This was in 1872, and at that time the
bishops settled with the heirs and
secured return to the church of the
claim for the sum of $4,000,
The papal decree. ordering the pay
ment of the claim to the Aguirre heirs,
remained a secret until translated re-
Gently by Archbishop Rlorden. 1t was
then brought to the attention of the
heirs when The Hague tribunal took
the arbitration of the Plus fund under
consideration to determine the respon-
sibillty of Mexico for the millions due
the California church. 1t was at that
time the heirs learned of the alleged
deception and entered suit.
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HnENlkH ltnnM IA nAMECE