The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1913-05-31
THE PIOUs FUND OF CALIFORNIA
HISTORY OF AN INTERESTING
CASE RECENTLY SETTLED BY
THE SUPERIOR COURT OF LOS
ANGELES.

The case of the Aguirre heirs
against Archbishop Riordan, Bishop
Conaty and Bishop Grace, as corpora
tions sole representing the interests
of the Catholic Church in California,
which has been pending in the Los
Angeles Superior Court for over eight
years, has been practically concluded,
says the "Tidings." The action in
question is one of the numerous
angles arising from the administration
of what is generally known as "The
Pious Fund of the CALIFORNIA;"
"El Fondo Piadoso de los Cali
fornias,'' or The Pious Fund of the
CALIFORNIA;, was a great charitable
fund which had it's origin in Spain in
the closing years of the seventeenth
century 1t was not, however, until
the year 1875 that 1t received it's first
great endowment In the year named
Don Jos de la Puente Pena, Mar
uuis de Villa-Puente, conveyed to the
Society of Jesus in New Spain certain
properties of considerable value. The
deed by which the Marquis de Villa
Puente conveyed the properties in
question to the Jesuits was virtually
the foundation deed of the Pious Fund
and the instrument sets forth the
pious purposes of the donor. After
describing the properties conveyed
the deed recites that the same are
given to the grantees forever, tC
found missions, ETC., and ito have and
to hold the said missions founded, and
which hereafter may be founded in
the CALIFORNIA; Upper and Lower) as
we'll for the maintenance of their re
ligious, and to provide for the orna
ment and decent support of the divine
worship, as also to aid the native con
verts and Catechumens with food anC
clothing, according to the custom Of
that country"
This fund was arbitrarily appropri
ated by Mexico in 1912 while Upper
and Lower California we're still parts
of that republic The government
however, guaranteed to pay interes
upon the fund. 1t failed to make the
payments, and in 1870 Archbishop Al
lemany presented a claim to the
Mixed Claims Commission, pursuan
to the treaty of 1868 made betwee1
Mexico and the United States. Th'
Mexican and American commissioner
failing to agree, the matter of th'
claim was referred to Sir Edward
Thornton, a distinguished Englisl
LAWYER, as umpire; and he, on October
"a, 1874, awarded Judgment in favo
of the Archbishop and his suffragan'
bv way of interest from 1912 to th'
date of the award.
The money so awarded was paid b!
Mexico to the prelates through thu
United States government, in thirteel
annual installments, running from thu
year 1877 to 1890.
Mexico failed to pay any further in
terest after 1890; and pursuant to ;
protocol entered into between th'
United States and Mexico in 1902, thu
claims of the prelates of California tt
further payments of interest was sub
mitted to the Hague Court of Arb1tra
ton, it being the first question sub
mitted to that international tribunal
The Hague Court ordered Mexico tt
pay all arrears of interest, and Mexico
obeyed the mandate.
In the action now approaching
termination, the children of Don jose
Antonio Aguirre claim that theil
father made advances in money, anC
provisions, to assist in carrying ou
the objects of the Pious Fund, priol
to the year 1910, and while the Piou:
Fund itself was temporarily in the
control of Mexico; and that the
amounts of such advances were sc
cured as a lien on the properties o.
the Fund. The prelates have never
belittled Mr.. Aguirre's generosity tt
the Church on this occasion, or dis
puted the making of the advances re
ferred to. On the contrary, they have
always admitted that the advance:
were made, and that they were
charged as lien on the properties o.
the Pious Fund, and that they there
fore formed the basis of legitimat,
claim against Mexico, the custodian o