Los Angeles herald., 1910-03-02

ing, says the court, at all times IN
formed of the papal bull and the Ra-
mirez inventory and it's contents.
About December, 1902, year before
bringing the suit, one of the Aguirre
heirs, in a casual conversation with a
friend, learned that the Aguirre claim
had been considered at The Hague,
and acting on this information made
an investigation, with the result that
In April, 1903, copy of the papal de-
cree was procured and at that time the
plaintiffs discovered for the first time
the existence of the Ramirez inVen-
tory.
A request for an adjustment brought
a reply from the archbishop in which
he declined to entertain the claim,
stating he would abide by the settle
ment made In January, 1880. Thereup-
on the heirs made written demand
for a recision of the agreement of as
signment and for an accounting, but
to this demand no response was made.
A few days later the plaintiffs petit
toned the pope's apostolic delegate to
the United States, requesting an &c
clesiastical order requiring the defend
ants to render an accounting. but the
reply to this demand was that he
could not decide said matter nor in
terfere with the action of said de-
fendants.."
Fraud Is Alleged
The action was commenced after the
Aguirre heirs received this reply from
the pope's delegate. 1t was alleged the
assignment of 1880 was procured by
fraud and they demanded an account
ing and that the defendants be ad
judged to hold in trust for the plain
tiffs $33, 3,397.33 with interest at per
cent from February IS, 1880, the prin
ri ha o,siar "a
with interest from its inception to the
date Of the assignment.
In reaching his ruling on the de-
murrers Judge Bordwell says, among
other things:
Upon request the pope directed the
archbishop and bishops to pay to the
Aguirre family $4,000. This direction
made the payment obligatory upon
them. This obligation was for the
benefit of the Aguirre family. 1t was
therefore, clearly their right and to
their interest that they should be in
formed of the pope's decree. Mani
festly it was unfair for the archbishop
and bishops to negotiate with the
Aguirre family for the purchase of
their claim while the latter were ig-
norant of the decree and laboring un-
der the impression that their right was
based only upon certain indefinite and
incomplete memoranda, which were in
sufficient to establish legal claim.
Obviously the Aguirres were at a dis
tinct disadvantage by reason of their
ignorance of the pope's direction that
the bishops should pay over to them
the sum of $4,000.
Relations Were Close
mo one would suppose that they
would voluntarily accept only about
one-fifth of that amount had they
known what the archbishop and bish-
ops knew and kept to themselves
the existence of the papal decree. The
relations between the family. of Aguirre
and the archbishop and bishops were
calculated to foster the most tender re-
gard of the former for the latter. Out
side the family no relation ,engenders
such reverence and confidence as does
that between clergy and communicate.
Without any active effort on the part
of the archbishop and bishops the
greatest respect and Veneration would
be reposed in them by all members Of
the Catholic church, whether of their
immediate parish or not. In the very
nature of things such must have been
the feelings of the plaintiffs toward
the archbishop and bishops and they
must have known it. Being so, what
was incumbent upon the bishops and
archbishop as to informing the plain
tiffs of the papal decree? 1t requires
no argument to convince the mind that
the fullest disclosure was due from
them"
Judge Bordwell concludes that it was
not necessary that the plaintiffs should
restore to the prelates what they re-
ceived in 1880. In regard to the con-
tention that the cause of action is
barred by the statute of limitations,
Judge Bordwell takes contrary view,
stating 1t is a maxim of Jurisprudence
that mo one can take advantage of his
own wrong" and no one can plead the
statute of limitations when the delay
is due to his own fault. The fact that
the plaintiffs had no knowledge of the
existence of the papal bull excused
them for not bringing their action
sooner