Los Angeles herald., 1908-10-05
ROADWAY TITLE
TO BE DECIDED
PUBLIC AND MRS. RlNDGE IN
CONTEST
ALLEGED RIGHTS BLOCKED BY
GATES AND FENCES
Question Involved Concerns One of
the Most Beautiful Drives in
Southern California, Cross
ing the MaIbu

Two cases, one having for its object
the opening to the public of the well
known highway to Malibu, the other to
close the roadway, have the right of
way for the coming two weeks in de-
partment seven of the superior court.
Judge Hutton OF this department viii
not preside during the hearing of these
cases. He holds a neatly printed bit of
pasteboard which entities him to the
privilege of passing through the gates
scattered here and there on the Rancho
Topanga Malibu Sequit, which belongs
to the estate of Frederick HI. Rindge,
and because of this fact, and to avoid
any criticism of any decision he might
render In the cases he will exchange
benches with Judge f. E. Oster of San
Bernardino.
The first case to be tried will be that
of the People of the State of California
against May X. Rindge, Administrative
of her husbands estate. Since the
death of Frederick K. Rindge, August
29, 1905, there have been erected along
the highway number of gates, one of
which, at the entrance of the Rancho
Topanga Malibu Sequit, is kept under
lock and key and guarded by a watch
man. Up to the time of the placing OF
for thirty years as public highway
by travellers going from Los Angeles to
Ventura county, and because of this
long usage it has been looked upon as
public property. The suit is brought In
order, If possible, to have these gates
removed, on the ground that they are
nuiSanceS.
Injunction Suit Filed
The second case to be tried is the In
junction suit of Mrs. Rinddge, filed
more than year ago. The defendants
include a number of automobilists,
among them Frank c. Prescott, jr.,
Ernest e. Werdin, James R. Shaw,
Frank d. Miner, w. H. Seeley, Richard
Janney, Charles Stansbury and William
B. Newell
Mrs. Rindge, in her complaint, claims
that the road, although used generally
by the public since 1888, is a private
and contends that she
was entirely within her rights when she
ordered the erection of fences and
gates to prevent the passing of vehicles
through the rancho.
The first gate and fence were erected |
in February. last year. The fence ex-
tends from the shore of the Pacific |
across portion of the rancho, and a |
guard is kept constantly on hand at the |
gate. Some of the persons against |
Whom she brings suit, accordlng TO the |
complaint, broke open the gate on |
occasions, and, Frank c. Pres |
cott procured a key to the lock, which |
he used frequently.
Two months after the fence was
erected Seeley, Miner and Janney broke |
open the gate and passed through in
an automobile, claiming the right to
travel along the road.
Mrs. Rindge wants the roadway de-
clared by the court to be her private
The highway is regarded as
one of the most beautiful drives In this |
part of the country. 1t begins at Santa |
Monica and extends along the Pacific |
pecan to the boundary line. Of Ventura
passing Santa Monica canyon,
ropanga canyon, Mateo canyon, Escon-
lido canyon, Encinal canyon and Mich
,las canyon, through picturesque noun
ain scenery and over. a number of the
most famous ranchos in California.