Los Angeles herald., 1910-03-02
CONTEST OVER
PIOUS FUND IS
FINALLY ENDED
DECISION OF JUDGE B0RDWELL
FAVORS PLAINTIFFS
LAPSE OF TIME MAY PREVENT
REoPENlNG OF CASE
Litigation Started by Aguirre Family
Against Roman Church Held
Attention of Courts
Six Years


Attention of Courts
Six Years
BY the overruling yesterday Of sew
eral demurrers, arguments on which
covered virtually every phase of suit
filed more than six years ago, Judge
Bordwell of the superior court may be
said to have definitely disposed of the
action which at one time brought out
sensational and startling charges
against a number of high dignitaries
Of the Roman Catholic church.
The suit was one to have declared
fraudulent a certain agreement and to
recover $4,000, the plaintiffs being
Miguel, Jose A. and Martin Aguirre
and their sister, Mrs. Dolores Aguirre
de Pice, and the defendants Patrick
William Riordan, archbishop of the
archdiocese of San Francisco; Thomas
Grace, bishop of the diocese of Sacra-
mento; Thomas j. Conaty, bishop OF
Los Angeles, and Manuel A. Ferrer
After the suit was instituted attor-
neys for the defendants interposed de-
murrers to the complaints, seeking in
this way to have the action dismissed.
The issuance of 1000 citations, the filing
of almost countless pages of briefs and
pleadings is sufficient proof of the
thoroughness with which the matters
at issue were discussed and considered
and of the Importance of the decision
rendered yesterday, for it is believed
this complete consideration and the
lapse OF time have welded together to
bar further proceedings.
The claim of the Aguirres had it's
origin in the old mission days when
the Roman Catholic church owned vast
property in the state, the total value
OF its holdings being estimated at ST.
900, 900 and known as the "Pious fund
of the CALIFORNIA;" This fund was
entrusted to the care of the mission
fathers. In August, 1888, the Mexican
government seized this fund, and up to
April, 1870, retained the custody of it
in trust for the church and the mis-
sion fathers.
Debt Owing Aguirre
1t was alleged that on February 8,
1912, the pious fund was charged with
the payment of a debt to Jose Antonio
Aguirre, father of the four plaintiffs,
amounting to $24,600, payable from the
income derived from the fund. This
debt was charged against the fund be-
cause, it was said, Aguirre had been a
benefactor to the mission fathers.
In 1860 Mr.. Aguirre died intestate in
of his estate, the $4,000 charged
against the pious fund, and interest
thereon.
u 1868 the probate court of San
Diego county distributed the estate
of Aguirre, one-third to the widow,
who later married Manuel A. Ferrer,
and two-thirds to the children.
From the early part of 1877 until
January, 1890, the Aguirre children
ss.fa
of Monterey and his coadjutor and ne
gotiated with them to recognize and
allow their claim as payable out of the
moneys received from Mexico under
the award of Sir Edward Thornton,
who. as umpire, decided in 1875 that
Mexico should pay to the representa-
tives of the church the sum of $904,-
07079, estimated as the aggregate in
terest from 1S4S to 1869 on one-half of
the capital of the pious fund received
by the Mexican government from
of the fund on an inventory prepared
by his agent, Padre Ramirez.
This inventory showed a recognition
of the Aguirre claim, but of this fact
the heirs were in ignorance, and also
of the fact that a papal decree had
been issued directing the church's rep
resentatives to pay the Aguirre fam
lily the amount of their claim. The
Thornton award was paid bv the Mex
lean government to the government at
Washington, and by it transferred to
the archbishop and bishops. who de-
MED any liability as far as the Aguirre
claim was concerned.
Offer to Compromise
Finally, Judge Bordwell finds, from
the history of the case, the arch
Il o.,H aIf Il
any obligation, yet, because Aguirre
had been a benefactor of the mission
fathers, as gratuity to his heirs PRO
posed to buy the claims of the latter
for $5500, at the same time protesting
that the debt did not exceed $4,000. Still
without having any knowledge of the
Ramirez inventory. the heirs accepted
the Offer and in January. 1880, a for
NAL assignment was executed by the
plaintiffs of "one-half of their interest
and claim in the pious fund" to the
archbishop and bishops as corpora
tions sole for $3666.66 2-3. and the
bishop of Monterey and Los Angeles,
who had taken over the claim of the
widow for $1S33.33 2-3, assigned, "for
the common benefit of himself as
bishop" and the bishop of Sacramento
and the archbishop of San Francisco,
"all interest acquired" from the mother
of the four Aguirre children.
Coming down to the circumstances
leading up to the time when the
Aguirre claimants were first made
aware of the Ramirez inventory and
the papal decree recognizing their
claim. Judge Bordwell recites the his
tory of the completion in 1890 of the
payment of Sir Edward Thorntons
award and the resulting international
negotiations between the governments
of the United States and Mexico over
the claim of the church against the
latter country. This controversy was
submitted at The Hague to arbitra-
tors selected from the permanent court
Of arbitration, who determined that
Mexico should pay the United States
81, APO, ,6S2.67, accumulated annuitias,
and thereafter $43 3050.99 annually in
perpetue. The gross sum was paid in
July, 1908.
Papal Decree Announced
1t was during this hearing at The
Hague that the papal decree was made
public for the first time. Heretofore
it had remained in the possession of the
archbishop, its contents not having
been revealed, says the court, "out-
side the private councils of the arch
bishop and bishops"
All the money received under the
Thornton award as the result of the
Judgment rendered by the court of ar