Imperial Valley press., August 01, 1908, Image 1

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Imperial Valley Press.
VOL. VIII.
FRAUD IN ENTRIES
LAND SUITS SHOW PECULIAR
METHODS OF OLD-TIMERS IN
SECURING ENTRIES.
SIMILAR CASEIN VALLEY
Officials Hold That Entries Were Void
and Entrymen Had No 'Rights to
Assign-Perjury of Witnesses Shown
and Power to Acquire Title Lost
by Original Entrymen.
Deep Interest is taken in the out
come of the land cases of Siegel K.
Skinner against Harrison M. Bowker,
assignee of Louis C. Green, and Skin
ner against John E. Davis, assignee
and ■ Frank Pierce, entryman. The
evidence as to methods of procedure
in these cases is similar, and it i.s
said they are typical of other ca;-»e.s
which may be brought in connection
with Imperial Valley lands! •
The Initial movement to securo
these holdings dates back to 1003,
when there was much activity in spec
ulation in Imperial Valley water stock.
In the Davis-Pierce case the contest
ant affirmed that the initial entry was
fraudulently made, that Frank Pierce
did not make the entry for his own
use or benefit, but for the benefit of
sonic other persons, and that he did
• not see the land before making the
entry, but that the papers were pre
pared and the money paid by the
party or parties for whom, the entry
was made, and that the filing receipt
was retained by these parties.
It was alleged that for the making
of this entry Frank Pierce was paid
the sum of $5; that he never assigned
the entry to Rosa M. Fen ton on the
date claimed, and that he signed the
instrument in blank and it was re
\tained by the party for whom the
entry was made. It was also alleged
tnat the entry was made and procured
for speculative purposes, and was and
is a fraud. •-"■'" ■ .
The material allegations of the con
testor were sustained by the Register
and Receiver of the Los Angeles land
office, after a hearing of witnesses.
Peculiar Methods .Used.
The peculiar methods used by some
) persona in that period of the Imperial
Valley's development can best be
shown by a report of the testimony
and the opinion given in this case
by Gen. Prescott. This says:
"Frank Pierce, age 51, occupation,
horse shoer, residence, Los Angeles,
Cal.. testified that, upon representa
tions made to him by one Milton Web
ster, now deceased, who- claimed to
be representing the Imperial Land &
Water Company, he, with two other
men, names unknown to witness, ac
companied by said Webster, went to
the office of the said Imperial Land
& Water Co., in the Germain building,
and that he there, at the request of
a man connected with said office,
whose name witness did not know,
signed two papers' one of which was
a blank assignment; that . the two
men heretofore referred to, other than
Webster, alter signing like papers with
witness; accompanied by the uniden
tified attache of the Imperial Land &
Water Co. s office, went to the local
. land office, then in the Potomac block;
that witness was then given- the
amount of the filing fee by the 'young
man, from the Imperial Land & Water
. company's office, and the party then
entered the land office and that wit
.'ness again signed his name and paid
■ tue money previously given him above
referred to, 'to the man that had me
(him) sign my (his) name in the land
office,' and that he then left, after
haying received six dollars from the
'young • man' heretofore referred to.
The witness expressed the opinion
tnat lm oath was administered while
ne was in the land office, and testi
fied positively that he did not then
: "receive and had never since received
a receipt of any character or nature,
and further, that he had never, since
making said in try, signed any paper,
for any one, relative to said lands,
' oth< r than affidavits made during the
course of subsequent investigations |
relative to said transactions.
Never Saw the Land.
"The' witnesa asserted with equal
posit ivt- ness that he had never, at any
time, examined* the land in question
and in fact had never seen it nor
been in the Imperial Valley, where
it is located."
The land office officials conclude:
"The pve-requislte requirements of
the act under which entry was made
were not fulfilled, and the good faith
on the part or the entryman, at the.
time he initiated his entry, clearly
waja lacking. The department has betn
consistent in holding that one who
claims, as a trunsferee tracing title
from an entryman whose entry had
not been completed, could not, as a
matter of right, demand consideration
Off Idol Phper of Imperial County and City of Hi Cctitro.
EL CENTRO, CALIFORNIA, SATURDAY, AUGUST 1, 1908.
as a bona fide purchaser without no
tice."
After citing various decisions, the
opinion continues:
"So in the case of Smith vs. Curtis,
et al., 8 L, D., 269, citing a long line
of precedents and authorities, it was
held that purchasers under circum
stances similar to those involved in
this case in question, were chargeable
with knowledge of the status of the
t title which he buys; that the pur
chasers can acquire from the entry
man no greater estate or right than
the entryman possesses, and that It
is the duty of the department to can
cel any entry which has been made
contrary to law, and when compliance
with the legal pre-requisites to such
entry did not take place.
( "The department decisions now in
force hold that when a claimant has
put it beyond his power to acquire
title, except by perjury, he has for
feited his rights.
Perjurer Foffeits Rights.
"According to the facts shown at
the hearing, the entryman herein, at
tiie time of making his declaratory
statement, for the reason above stated
had placed i{ beyond his power to
acquire title to the lands entered. His
attempted assignment, if made sub
sequent thereto; for said reason, was
void. •
"If said assignment was made, as
alleged, and there has been no con
tradiction of entryman's testimony on
this '-point, then it was equally void
for the reason that the entryman at.
the time of the execution of same;
had no interest in the land or valid
claim thereto.
, 'No assignable interest is acquired
by the filing of a desert land declara
tory statement, prior to the payment
of twenty-five cents per acre for the
land as required by the desert land
laws.
'One claiming as assignee of a des
ert land entry acquires no such right
to the land, by showing the necessary
annual expenditures and making the
final proof and payment required by
law, as will entitle him to 'patent
therefor, when the assignment under
which he claims was made prior to
the acquisition of an assignable in
terest in the land by the assignor."
•"In view of the foregoing, this office
is of the opinion' that the entry in
question should be canceled, and that
contestant herein should be accorded
the preference right provided by law.
"It is so recommended.
"FRANK C. PRESCOTT, Register.
"O. R. W. ROBINSON, Receiver."
The Bowker Case.
In the Green-Bowker case, the con
testor alleged that the initial entry
' was fraudulently made; that the en
tryman had never seen the land be
fore .making the entry; that the land
was designated, papers prepared,
money paid, and Louis C. Green taken
to the United States land office by
the party or parties for . whom the
entry was 1 made; that he received
from them $10 for making the entry:
that the filing receipt was retained
by the party or parties" for whom, the
entry was made, and that Green never
assigned the. entry on the 4th day of
April, 1904, to Harrison M. Bowker.
It was alleged that Louis C. Green
signed the pretended assignment in
blank, at the time of making the en
try, and| that the entry was made
fraudulently and not-in good faith and
not for Green's benefit, but for specu
lative purposes.
: The contestor also alleged that
Green was liol 21 years of age at the
time the entry was made; and that
the one or more annual proofs offered
by Green . were fraudulent, in that he
never expended any money on the
land, and never did any work, or
caused any to be done thereon in the
nature of reclamation;
The land office officials declare that
the allegations of contentor have been
established without question, except
as to the entryman's age, which does
not appear to have been definitely
determined.'
Numerous Entries Made.
' The opinion of the Register and
! Receiver in this case continues:
"The entryman has testified that he
made the entry under the conditions
stated, and that he subsequently made
and offered proofs on same, all in
consideration of money paid to him
!by parties not positively identified,
| but who were to him presumably con
nected with and representing the Im
perial Land Company or the California
Development Company, or both, in
this city, in whose offices the affairs
in relation to said entry wer conduct
ed . It is also shown that at the same
time numerous other entries were
made under the same circumstances.
"John Turner and Andrew McLaiu
have testified that they made desert
land entries, at the same time and
under the same conditions as did
Louis C. Green and have, in the main,
corroborated Green's testimony, in re
lation to the mala fides of all the en
tries referred to."
The opinion then proceeds to give
a synopsis of the testimony, showing
the connection of Hiram W. Blalsdell,
(Concluded on page eight)
MUST ELECT JUDGE
ATTORNEY GENERAL HOLDS # AP
POINTMENT IS ONLY UNTIL
NEXT GENERAL ELECTION.
CANDIDATES NOW IN FIELD
Query of Judge Cole Brings Answer
That Governor Gillett Will Be Ad
vised to Include Imperial County's
Judgeship In Next Election Procla
mation. ,
Imperial county must elect a Judge
of the Superior Court at the next
general election, in November.-
This point, which has been a moot
question, is decided by Attorney-iGen
eral U. S. Webb, in response to a
letter from Judge Franklin .1. Cole,
in which the question is submitted
to him. The Attorney-General says:
"I have had occasion to review this
subject in connection with the case*
of Bush vs. Nye, reported in the Call
; t'ornia Appellate Decisions, volume V,
i page 2tu. Although that was a case
of an increase in the number of judges
; of the Superior Court of the county
, of Shasta, and the appointment of an
' additional judge,- and not the case of
the creation of a new county, still
. jthe same sections of the constitution
; I were involved, and the same prin
jciples had to be reviewed." I became
'! convinced at that time that the first
i regular full term of every newly cre
ated superior judgeship is fixed for
! j the first Monday in January after the
jnext ensuing general election, and
, j that such next ensuing general, elec
jtion means the first general . election
: after the creation of such judgeship.
The Constitution provides that:
'There shall be in each of the orga
'■ nized counties, and cities and coun-
I ties, of the State a superior court for
! each of which at least oiie judge shaft
i be elected by the qualified electors of
| the county, or city and county, at the
! general state election. The term of
• j office of judges of the superior court
. ! shall be six years from and after the
. ! first Monday of January next suc
[ ■ ceeding their election.' ' (Constitution,
; I Art. VI, Sec. G.)
i; "The beginning of the term of of
(j( j fice of air newly created judges must
:be fixed by some stable event, and
!so the Constitution fixes it on the
! first Monday of January next sue
;: ceeding their election. Their election
- |niust be fixed according to some sfa
! ble event, so the Constitution fixes
• lit 'at the general state election.' This
I general state election must be fixed
, ; according to some definite period, and
; the most logical period at which . to
j fix it is the first general state election
i after the creation of the judgeship.
,' j This was the reasoning in People vs.
;. .Markhariij 104 Cal. 234.
Therein the court says: 'The legis- (
! lature has the undoubted power to
; create new counties, and when a new
V county is created "the office of superior
judge of such county necessarily
springs into existence. (Const., Art. 1
■ j VI, Sec. G.) Additional judges may
i also be provided' for in the old coun
ties. (Art. VI. Sec. 9.) Whenever
| one of these new offices is created;
; there is, of course, a necessity that it
ish uld be provisionally filled in some
, manner until the commencement of a
regulaV constitutional term, and if
j the constitution is silent upon this \
j point, the power of the legislature
i to make such provisional arrangement
Iby statute cannot be questioned. But
!if the constitution has fixed the com
■ mencemeut of the first regular term
of such newly created office, the legis
! lature has no power to fill the office
! for a term extending beyond the
jso fixed.'
"This reasoning was again endorsed
in the case of Bush vs. Nye, to which
I have already referred. The court,
in reviewing the case of People vs.
Markham, said:
•It will not be denied that the legis
lature would exceed its power were
it to attempt to interfere, by enlarg
ing or diminishing, with the terms
of judges of the superior court pre
scribed by section G of article 6 of the
! constitution ; but in the case at bar,
there was uo such attempt by the
legislature, nor does the term fixed |
!by the act in any manner or degree
i trespass upon or Interfere with the
terms fixed by section 6 of said article.
'Section 9 ot article « reads: 'The'
legislature of the state may, at any
time, two-thirds of the members of
the senate and two-thirds of the mem
bers of the assembly voting therefor
Increase or diminish the number of
judges of the superior court in any
county, or city and county, in the
state.' The power thus vested In the
legislature by the constitution is |
necessarily accompanied by such oth
er power, not inconsistent with other
i provisions of the organic law, as the
legislature may deem essential to ex
ercise In order to execute and enforce
ithe power expressly conferred. There
fore, It may arrange provisionally for
the filling of the vacancy occurring In i
said office with the creation thereof i
'until, if it be, as here, an elective
oflice, 4 the people shall have been af
forded an opportunity under the law
of filling It themselves by the election
!of some one to discharge Its duties |
[for and during the regular term there- j
i of. As was said In People vs. Mark
jham, 104 Cal., 232: 'Whenever one
lof these new offices Is created there
Is, of course, a necessity that It should
be provisionally filled in some man- J
jner until the commencement of a reg- j
ular constitutional term, and if the !
constitution is silent upon this point, j
the power of the legislature to make
such provisional arrangement, by
statute cannot be questioned. In the
! case before us, the legislature, In
I making the 'provisional arrangement'
I for filling the vacancy in the term
i of the additional judge, has seen fit
to fix that term for a specified and
determinate period, covering the en
tire time during which the term could
run without impinging upon any term
established by the constitution and i
beyond which, under that instrument, j
it, t)f course, could not extend.'
"I can conceive of no new proposi
tion which would lead us to depart
from the reasoning of these cases at
this time. If section 4 of the Act of
1907, providing for the formation, or
ganization and classification of new
counties, to which you refer, is to be i
construed as referring to the office of !
superior judge, and also as extending
the provisional term of such office
beyond the next general state elec
tion, in my opinion said section must
be held unconstitutional to that ex
tent, at least; but this is not to be
taken as an opinion that its provisions
in regard to the other county officers
are invalid.
"Entertaining the views above ex
pressed, it would be my duty to- ad
vise the Governor, upon his request
for an opinion, that a superior judge
ship of Imperial county should be in
cluded in his next election proclama
tion.
"Yours very truly.
"U. S. WEBB,.
"Attorney-General.
"By R. C. VAN FLEET, Deputy."
No lack of available material is to
be felt in this campaign for the super
ior court judgeship. Judge Cole, in
cumbent, is a candidate, for re-election.
His announcement appears in this is
sue of The Press. District Attorney
J. M. Eshleman is also a candidate;
Roy McPherron of Imperial is after
judicial honors, and the report is cur-!
rent this week that Attorney Brewer
of Imperial will enter the field. At
torney Farr was nominated by the
Democrats several weeks ago.
SIX POSSIBLE ROUTES.
San Diego Highway Commission Finds
Half Doen Ways to Reach Im
perial Valley.
San Diego's Highway Commission
is pushing work on the surveys for
proposed links in the chain of county
highways, and last Sunday the Union
said of the proposed lnter*couuty high
way, to connect Imperial Valley with
the bay pity:
"One of the biggest pieces of work
to be undertaken and certain to be
accomplished by the Commission is
the building of the Imperial highway,
Chief Englner Cooke has already
run six different lines, and each route
has been officially inspected by • the
commission and the engineer, but so
far without decision as to which is
the most preferable for easy
grades each of theoe six routes
passes through some different can
yon or over a summit pass
in crossing the mountains before
the desert this side of the Imperial
valley Is reached. It Is the Intention
of the commission to select a route
which will afford convenience of
travel at the least possible cost of
construction, hence it is no easy mat
ter to determine from the six which
is the better adapted. Chief Engin
eer Cooke is expected to make a final
report on the matter soon, and it is
expected the commission will abide
by his opinion in the matter."
EXHIBIT OF PRODUCTS.
Hrins your valley products to The
Press office for display in the Ten
Thousand Club's exhibit.
NO. 17.
TREE PLANTING
TEN THOUSAND CLUB . ADOPTS
SYSTEM FOR BEAUTIFYING OF
RESIDENTIAL SECTION,
PLAN FOR SHADED STREETS
City's Highways to Be Converted Into
Vistas of Living Green — Two Years'
Care of Trees Proposed— Urges
Speedy Issuing of Government Pat*
ents On Imperial Valley Lands.
Midsummer heat only appears to*in
crease the ardor of members of El
Centro's Ten Thousand Club. Twen
ty earnest men gathered at the tables
at the Palm Roof Garden last Monday
night and spent two hours in discus
sion and planning of betterments for
the town. .
One of the most Important features
Was the ' presentation of a proposed
circular letter, to be sent out to every
property owner on the residence
streets, explaining the plan for uni
form tree planting.
After a careful investigation and
study of local conditions, the commit
tee on tree-planting, which is com
posed of George A. Carter, president
of the Valley State Bank; W. O. Ham
ilton, City Trustee and a member of
the Valley Hardware & Implement
Company; H. C. Griswold, real estate
dealer, and Irving Jaquay, expert hor
ticulturist, have formulated on behalf
of the Ten Thousand Club, the follow
ing proposition: .
The committe will furnish desirable
shade trees suited to this- climate,
plant them, furnish water for irriga
tion and care for the trees during a
I period of two years, at a total cost of
$8 for each inside residence lot, and
$12 for each corner residence lot.
me committe agrees to keep growing
trees in each designated place, re^
placing such trees as may die from
any cause during this two-years' per
iod.
The cost is a very moderate one,
in view of the assured results, and
the co-operation of every lot owner is
confidently expected. About two
thousand trees must be engaged at
once for fall planting, and the work
is to begin as soon as the money is
available.
j Lot owners are urged to send their
remittances to cover the cost of tree
setting in front of their respective
lots to George A. Carter, who is treas
| urer of the Ten Thousand Club. The
I circular was ordered printed and will
j be sent out at once to every lot owner
I whose address has been obtained.
El Centro has thus taken a step
which is certain to bring about won
derful improvement within the course
of a few months and which will add to
the comfort of residents and to the
beauty and attractiveness of the city
each season.
The subject of entertaining the
Southern California Editorial Asso
ciation when it visits Imperial Valley
in the fall was discussed, and the mat
ter was referred to H. B. Pearson,
chairman of the committee on enter
tainment, with instructions to form
ulate plans for entertainment.
On suggestion of, Dr. R. P. Shep
herd, the Club endorsed the proposi
tion of securing from various cities
of California copies of their ordinances
concerning tree-planting with the
view of formulating therefrom an or
dinance to submit to the El Centro
City Trustees with a recommendation
for its adoption.
A special committee, composed of
Paul lionian, C. W. .Collins, F. B. Ful
ler and Lewis Havermale, was j iu
structed to send an appeal to Senator
Flint, asking him to urge upon the
Government oificials the completion
of the Government survey of Imperial
Valley and the issuance of patents on
lands at the earliest possible date, and
to secure, if possible, a statement as
to the date when such patents may be
issued. The Club also by resolution
requested all other civic bodies in the
Imperial Valley to appenl to Senator
Flint with similar requests.
. The Club adopted a resolution re
questing the Southern Pacific to park
the grounds surrounding the Com
pany's new passenger station at El
Centro.
SELLS REDLANDS STORE.
W. H. Goodrich, who conducts a
furniture store In El Centro, has sold
his Redlands furniture store to J. S.
Noble of that city, and on the advice of
his physicians will drop many of his
business activities. Whether this will
effect any changes in the El Centra
house has not been unuouttced.
GOOD HOG SHIPMENTS.
Ten carloads of fat hogs were ship
ped from El Centro on Saturday. At
prevailing prices this means an in-,
come from this shipment of approxi
mately $10,000. That will help to off
set the melon slump.