THURSDAY, FEBRUARY 17, 1927
Senate Resolution 333, proposed resolution authorizing investigation---
Williamson S. Summers, attorney at law, Los Angeles, Calif., statement of
Correspondence regarding the furnishing to Ben McLendon of records
and data, and calling his attention to certain reports of the
Commissioner of the General Land Office: Letter addressed to E. B.
Wickham or V. H. Koenig, Los Angeles, Calif., from George R.
Wickham, General Land Office, Washington, D. C., dated August
28, 1922; etc____
Letter to Ben McLendon, Los Angeles, Calif., from George R. Wick-
ham, Assistant Commissioner, General Land Office, Washington,
D. C., dated September 7, 1922, inclosing information regarding the
names of certain homesteaders who in 1906 filed upon certain lands
within the Lomas de Santiago and San Joaquin Ranchos in Orange
County, Calif., together with the descriptions of the lands filed
on by said homesteaders; to which memoranda is also attached
an excerpt from the report of the Commissioner of the General
Land Office, setting forth a partial list of other patented ranchos
in which irregular proceedings have been had, and an immense
quantity of public land has wrongfully been embraced within the
patented lines of the same, and also reports of the surveyor general
of New Mexico in cases No. 49, 50, and 51, which had been sub-
mitted to the Secretary of the Interior for transmittal to Congress_
Letter to Ben McLendon, Washington, D. C., from George R. Wick-
ham, Assistant Commissioner, General Land Office, Washington,
D. C., dated December 19, 1922, advising that no action has as yet
been taken in homestead application Los Angeles 035363_-
Letter to Ben McLendon from George A. Ward, Washington, D. C.,
dated September 6, 1922, regarding effort to obtain a certain
address.
Letter to Ben McLendon, Esq., Alhambra, Calif., from Charles D.
Hamel, Washington, D. C., dated May 12, 1925, regarding conver-
sation with friend of Mr. McLendon's from whom information was
learned regarding the situation___
Guy Mason, attorney at law, Washington, D. C., granted permission
to interrogate the witness___
Citation from volume 7, Federal Statutes, annotated (second edition),
section 19, page 484, regarding conspiracy to injure, oppress,
threaten, or intimidate any citizen in the free exercise or enjoy-
ment of any right or privilege secured to him by the Constitution
or laws of the United States..
Citation from the case of the United States v. Waddell (112 U. S.
76), regarding right to establish claim under homestead acts__
Letter of George R. Wickham, Assistant Commissioner, General Land
Office, Washington, D. C., stating that he hopes the information
furnished will answer the purpose_.
Data furnished by Mr. Williamson S. Summers, inserted in the record for
the information of the committee_.
Brief filed with the committee setting forth the facts regarding the
Lomas de Santiago grant---
Petition (before the Department of the Interior, Ben McLendon et al.
v. Rancho Lomas de Santiago and James Irvine) for recommenda-
tion by the Secretary of the Interior to the Attorney General that
a suit be instituted in the proper jurisdiction to cancel, annul,
vacate, and reform the patent heretofore issued for lands errone-
ously, inadvertently, and by mistake, and without authority of
law, included in and as a part of the Rancho Lomas de Santiago,
submitted by Ben McLendon et al., petitioners, and filed by Wil-
liamson S. Summers, Clark & Clark, and Samuel H. Moyer, attor-
neys for petitioners--.
Data furnished by Mr. Williamson S. Summers-Continued.
Petition (before the Department of the Interior)—Continued.
Affidavit of Horace F. Clark, member of the firm of Clark &
Clark, stating that a true copy of the petition had been mailed
to James Irvine, present owner of the Rancho Lomas de Santi-
ago, at San Francisco, California___
Brief and argument in support of the petition submitted by Wil-
liamson S. Summers, Clark & Clark, and Samuel H. Moyer,
attorneys for petitioners--
Map of land applied for, granted, and confirmed to Theo-
docia Yorba, 4 square leagues, or 17,752.72 acres
(Fig. 3) -
Map of land purporting to show the 4 square leagues
granted and confirmed to Yorba, 11 square leagues, or
47,226.61 acres (fig. 4).
I. The matter in no respect can be considered res judicata__
II. The act of March 3, 1891, section 8, commonly known as
the statute of limitations, does not apply to this case_.
III. That the possible claim of innocent purchaser can not
be made here_
IV. That the possible claim of possession under color of title
can not be pleaded___.
V. That under the facts and law it is the duty of the Land
Department without further delay to take the necessary
steps to recall the patent issued erroneously, and by inad-
vertence and mistake, and that upon refusal to so surren-
der said patent, to submit the matter to the Attorney Gen-
eral of the United States for such action as the facts and
law may warrant_
Reply to brief for respondent submitted by Williamson S. Sum-
mer, Clark & Clark, and Samuel H. Moyer, attorneys for peti-
tioners..
Letter to the Attorney General from Judge E. C. Finney, First As-
sistant Secretary of the Interior, dated December 4, 1924, suggest-
ing that the Attorney General consider the advisability of a suit
by the Government to reform a patent issued under the Rancho
Lomas de Santiago grant, and setting forth certain facts relative
thereto___
Memorandum to the Secretary of the Interior, dated May 18, 1925,
being findings made by Hon. Ira K. Wells, the Assistant Attorney
General, and approved by Hon. John G. Sargent, Attorney General,
in re grant to and patent for lands known as the Rancho Lomas de
Santiago, in pursuance of the letter of the Secretary of the Interior
of December 4, 1924, and also suggesting that action upon the pend-
ing homestead applications be withheld awaiting the outcome of
such proceedings as may be deemed advisable and necessary-
Letter to Hon. Hubert Work, Secretary of the Interior, from Hon.
John G. Sargent, Attorney General, dated May 20, 1925, suggesting
that a resurvey of the Rancho Lomas de Santiago grant be made__
Letter to the Commissioner of the General Land Office from Judge
E. C. Finney, First Assistant Secretary of the Interior, dated July
23, 1925, directing that the resurvey asked for by the Attorney Gen-
eral be made_.
Memorandum stating that on August 20, 1925, the Attorney General
directed a communication to the Secretary of the Interior with-
drawing his request for a survey-
Letter to Hon. John G. Sargent, Attorney General, from Clark &
Clark, by Horace F. Clark and Williamson S. Summers, attorneys
for petitioners, dated September 23, 1925, requesting that when
the report covering the history and facts of the case is made to
the Attorney General that no conclusion be reached by him or
action taken in regard thereto until Mr. Summers could be heard.
Note stating that Attorney General Sargent's letter, in answer to Mr.
Williamson S. Summers's communication of September 23, 1925,
fixed the hearing for October 26, 1925_--.
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Data furnished by Mr. Williamson S. Summers-Continued.
Letter to Hon. Hubert Work, Secretary of the Interior, from Hon.
John G. Sargent, Attorney General, dated November 11, 1925,
giving four reasons why no suit should be instituted_
Memorandum stating that the homesteaders did not know their
rights had been disposed of until November 17, 1925__.
Letter to Hon. John G. Sargent, Attorney General, from Williamson
S. Summers, dated November 17, 1925, regarding the findings sub-
mitted to the Secretary of the Interior__
Letter to Williamson S. Summers, Washington, D. C., from Hon.
John G. Sargent, Attorney General, dated November 19, 1925,
regarding the granting of a hearing upon Mr. Summers's return
from California
Letter to the President of the United States, Washington, D. C.,
from Williamson S. Summers, Los Angeles, Calif., dated Decem-
ber 4, 1925, inclosing copy of communication sent to the Attorney
General, Washington, D. C., of the same date___.
Letter to Hon. John G. Sargent, Attorney General, Washington, D. C.,
from Williamson S. Summers, Los Angeles, Calif., dated December
4, 1925. (NOTE,-This is the communication mentioned in Mr.
Summers's letter to the President of the same date, reciting the
facts leading up to the presentation to the Secretary of the Interior
of the conclusions of the Attorney General, and the facts subse-
quent thereto)__
Memorandum giving a résumé of the facts in the ceding of the Cali-
fornia land grant to the United States by Mexico, and the so-called
Lomas de Santiago grant----
Senator Hoar in the Belknap case, 1882_.
Letter to Williamson S. Summers, Los Angeles, Calif., from Hon.
John G. Sargent, Attorney General, dated December 12, 1925,
stating that notwithstanding the tone of Mr. Summers's letter of
December 4, 1925, he will still give him a hearing in the case_-_-
Letter to the President of the United States, Washington, D. C.,
from Williamson S. Summers, Los Angeles, Calif., dated December
30, 1925, inclosing a further letter to the Attorney General of
the same date____
Letter to Hon. John G. Sargent, Attorney General, Washington,
D. C., from Williamson S. Summers, Los Angeles, Calif., dated
December 26, 1925. (NOTE. This is the letter mentioned in Mr.
Summers's letter to the President, as above regarding the hearing
suggested by the Attorney General).
Letter to the President of the United States, Washington, D. C.,
from Williamson S. Summers, Los Angeles, Calif., dated February
10, 1926, setting forth the facts in the California land grant to
the United States by Mexico, etc---.
Section 1, article 2, Constitution_
The Department of Justice.
The Lomas de Santiago an alleged Mexican grant-the relation
this alleged grant sustains to an illegal survey of lands
included in the so-called Irvine Ranch_
"The California Syndicate "
Fraudulent surveys in California-developments as to the sur-
veying syndicate___
Data furnished by Mr. Williamson S. Summers-Continued.
Letter to the President of the United States-Continued.
Doctrine of res judicata-Statute of limitations-.
Public policy_-
Letter to Hon. Calvin Coolidge, President of the United States,
Washington, D. C., from Williamson S. Summers, Los Angeles, Calif.,
dated March 8, 1926, regarding receipt and acknowledgment of
letter from the Attorney General, dated February 24, 1926, stating
that Mr. Summers's letter to the President had been turned over
to him, with inclosures, for acknowledgment and consideration____
Letter to Williamson S. Summers, Los Angeles, Calif., from Hon.
John W. Sargent, Attorney General, dated February 24, 1926.
(NOTE. This is the letter referred to in Mr. Summers's letter to
Hon. Calvin Coolidge, President of the United States, dated March
8, 1926, as above)__.
Letter to Hon. John G. Sargent, Attorney General, from Williamson
S. Summers, Los Angeles, Calif., dated March 9, 1926, in answer to
the former's letter of February 24, 1926--
Letter to Williamson S. Summers, Los Angeles, Calif., from Hon.
John W. Sargent, Attorney General, dated March 19, 1926, ac-
knowledging receipt of Mr. Summers's letter of March 9, 1926, and
stating that his letter to the President, dated March 8, 1926, had
been transmitted to the Attorney General and filed with the other
papers in the case--
SATURDAY, FEBRUARY 26, 1927
Hon. Edward C. Finney, Assistant Secretary of the Interior, state-
ment of
Action of the register of the United States land office at Los
Angeles, Calif., in rejecting about 230 homestead applications
affirmed by the Commissioner of the General Land Office, and
reasons therefor__
Letter to Hon. Hubert Work, Secretary of the Interior, from Hon.
John W. Sargent, Attorney General, dated November 11, 1925,
giving reasons why no suit should be instituted. (Copy of this
letter was inserted in the record on p. 67)_.
Excerpt from a decision rendered by Judge Finney, Assistant Secre-
tary of the Interior, in which he cites United States v. Peralta,
99 Fed. 618, relative to a decree fixing the boundaries of and con-
firming a Mexican grant_-_
Certification of the chief clerk of the Mexican Senate, dated Novem-
ber 25, 1924, stating that no record exists to show that the Congress
of the United States or Mexico ever approved the grant made to
Teodocio Yorba for the lands known as the Rancho Lomas de
Santiago
Hon. Bertice M. Parmenter, Assistant Attorney General, Department of
Justice, statement of__.
Citation from memorandum dated November 26, 1894, prepared by
Mr. Underwood, stating that conclusion is that no action can be
taken to attack the patent involved----
Excerpt from memorandum of Horace H. Smith, dated March 6, 1925,
stating that an action brought to cancel a patent 57 years old, fol-
lowing a delay of 79 years after the decision in the Flint case,
would not be favorably received by a court of equity.
Memorandum prepared and signed by Horace H. Smith, dated No-
vember 5, 1925, recommending that no suit be instituted regarding
the patent to the Rancho Lomas de Santiago land grant, and set-
ting forth four reasons therefor____
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Act approved March 3, 1851, entitled "An act to ascertain and settle
the private land claims in the State of California (U. S. Stat. L.,
vol. 9, Chap. XLI), at the request of Senator Dill..
Extract from the patent to the Rancho Lomas de Santiago, stating
that Yorba had filed his petition pursuant to the act approved
March 3, 1851, entitled "An act to ascertain and settle private land
claims in the State of California ".
Excerpt from the decision in the case of United States v. Yorba (1
Wallace, p. 422), cited by Senator Dill___
Information and memoranda furnished by Hon. Bertice M. Parmenter, inserted in the record for the information of the committee_---- 114-168 Letter to Hon. Robert N. Stanfield, chairman Committee on Public Lands and Surveys, United States Senate, from Hon. B. M. Parmenter, Assistant Attorney General, dated February 26, 1927, inclosing the following information and memoranda--Letter to Hon. Hubert Work, Secretary of the Interior, from Hon. John G. Sargent, Attorney General, dated November 11, 1925, giving the four reasons why no suit should be instituted. (NOTE.-Copy of this letter is also to be found on pp. 67 and 97) --Memorandum in re Rancho Lomas de Santiago grant, prepared by Horace H. Smith, and dated March 6, 1925_-
The survey is not impeached by the act of juridical possession, as the measurements therein are erroneous_ Limitations and laches___ Supplemental memorandum prepared for the Attorney General by Horace H. Smith, dated November 5, 1925, and approved by Hon. B. M. Parmenter, recommending that no suit be instituted, and setting forth four reasons therefor.. Supplemental memorandum for the Attorney General, through Assistant Attorney General Parmenter, on the Rancho Lomas de Santiago grant, Orange County, Calif., prepared by Horace H. Smith, attorney in charge of titles, dated November 5, 1925_
Summary of conclusions stated_
Decree of confirmation-title of court and cause..
Reference from Interior Department--.
Hearings and investigation in Department of Justice__
Genesis of Flint case-request of Southern Pacific Rail-
road Co
Point III-The record on appeal to the Supreme Court in
United States v. Flint et al. precludes a third suit on the
Rancho Lomas de Santiago grant as a matter of law
and public policy--
Suggested resurvey of Rancho Lomas de Santiago__.
Appendix to memorandum___
Patent to the Rancho Lomas de Santiago transmitted to
the surveyor general February 10, 1868_
Chronological outline of Mexican grant of Lomas de Santiago, Orange County, Calif., and litigation thereon__. Memorandum in re Rancho Lomas de Santiago grant, prepared by
H. L. Underwood, special assistant to the Attorney General, and
dated December 26, 1924__
Investigation resolution modified and reintroduced (S. Res. 374).
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