MICROFILMED 1986 UNIVERSITY OF CALIFORNIA - BERKELEY GENERAL LIBRARY BERKELEY, CA 94720 COOPERATIVE PRESERVATION MICROFILMING PROJECT THE RESEARCH LIBRARIES GROUP, INC. Funded by THE NATIONAL ENDOWMENT FOR THE HUMANITIES THE ANDREW W. MELLON FOUNDATION Reproductions may not be made without permission. THE PRINTING MASTER FROM WHICH THIS REPRODUCTION WAS MADE IS HELD BY THE MAIN LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 FOR ADDITIONAL REPRODUCTION REQUEST MASTER NEGATIVE NUMBER g¢-0a-/0 AUTHOR: Drake Eugene. E- TITLE: Prie€ aopinst adoption of... PLACE: LC San Francisco? - q2 2 DATE: L [97 VOLUME 3:6 F169 : - CALL s3P13 MASTER §€° NO. v.3:6 NEG. NO. 0310 tO ———— 4 a pr SH —— F869 S3PI38 v. 3:6 Drake, Eugene B Brief against adoption of Wheeler Survey [by] Eug. B, Drake, attorney for George Hearst, et als,, owners of pueblo lands, claiming under City of San Francisco, [San Francisco? 18792] 8p. 25cm, (Pamphlets on San Francisco, v. 3, no, 6] Cover title, At head of title: U.S. Land Deparmnent, In re survey of pueblo lands of San Francisco, Affidavits of James T, Stratton, Milo Hoadley and Edward J, Welch, p. 4-8, 1. Land titles = San Francisco, 2, San Francisco - Lands, 3, Wheeler Survey, San Francisco, 4, Pueblo lands - San Francisco, I, Hearst, George, 1820-1891, claimant, II. Stratton, James Thomp- son, 1830-1903, III, Hoadley, Milo, IV, Welch, Edward J. V. U.S. General ( Land Office, (Seiies) CU~-B 68 FILMED AND PROCESSED BY LIBRARY PHOTOGRAPHIC SERVICE UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 oeno. 86 1/0/40 — DATE 79 8 6 v —————— REDUCTION RATIO © DOCUMENT | SOURCE THE BANCROFT LIBRARY 10 Ele fz = uj ll22 Ele = gD = © = 12 lie he MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS STANDARD REFERENCE MATERIAL 1010a (ANSI and ISO TEST CHART No. 2) LLL) [| bldg) Eo ete pt ebb bh be EEE ld LL bb bg Edad ‘1 FTVTVVETVTE ERE VELA ues ayaa og vpn | METRIC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 a nS in llamada aa ended diel. Ik Retake of Preceding Frame oH YT a HW a IN RE SURVEY OF PUEBLO LANDS | OF SAN FRANCISCO. HA. S. Land Department, ——— IN RE SURVEY oF PUEBLO LANDS OF SAN Francisco, BRIEF AGAINST ADOPTION oF WHEELER SURVEY, 1 In a former argument filed by Mr. Greathouse and myself, we endeavored to show that the action of the Military Department in taking over 1,300 acres of the Pueblo lands of San Ffancisco with. out right or authority of law ought not tabe sanc- tioned by the civil powers of the Government. But however that may be, I hope now to demon- strate that the Reservation should not be enlarged as proposed by the Wheeler Survey, so called. II. The affidavit of Mr. Stratton, hereto annexed, shows conclusively that his survey of the Pueblo of San Francisco was made in strict conformity with the proclamations of President Fillmore and the diagram of General Totten; that the officers in charge of the Presidio were perfectly satisfied therewith, consented thereto, and assisted in run- ning the line thereof, 2 this, but the military authorities have Stratton Survey for having introduced Not only quietly coincided with the more than twelve years, never the Wheeler Survey in evidence, nor have they ever claimed any standing or validity for it until quite recently. We submit that it is too late now to raise the question of that survey, after the city of San Francisco has been allowed to plat out and sell the disputed territory to purchasers in good faith, for a valuable and sufficient consideration. 111. The affidavit of Milo Hoadley, hereto annexed, one of the persons who pointed out to Lieutenant Wheeler the southeastern corner of the reserva- tion, as adopted, arbitrarily, by him, shows that the claim of the Military Department to this addi- tional tract was wholly founded upon the forged and fraudulent grant to Benito Diaz, and is not, and never was, claimed under the President's proclamations. We submit that the Government ought not to claim under a grant which its own officers have long since rejected as fraudulent and void. IV. The affidavit of Mr. Welsh shows that the tract claimed for military purposes is altogether too nd that most of it has always been used as large, a he benefit, financially, of the a cow pasture, to t officers in charge. V. The Stratt on Surve autho y was made under 2 and rity of the Act of Congress, providing for > set I oy titles in California. It was yay 3 y made after notice to all parties TE , > C early gives the Military Depart- ¢ land it ought to have, and more too VI. The Wheeler surv ey was mad iy without authority of law ; al i ollow the boundaries of the Bethuel Phelps Ne VII. Finally a nd conclusivel a ely, we say that ee Survey has never been te or Se eviden ¥ Ee wi ohne i” the case. The City of San Bs Jan > i oe opportunity to meet and refut y will be subversive of Tan e of the rules of ev a to now allow it to be considered as evidenc case without allowing the parties claimi ing ™ OS adversely to it an . . opport : against, and Te unity of being heard. Respectfully submitted. Eve. B. D Attorne . . RAKE 2 gy Jor GEORGE HEARST ef als., owners of P. A clarming under City of San Francisco ueblo lands, U.S. LAND DEPARTMENT. In re Survey of Pueblo Lands of San Francisco. State of California, “ City and County of San Francisco. The undersigned being sworn says : My name is James T. Stratton, my age is 48 years, I reside in Alameda county, California, and I am a Civil En- gineer by occupation and profession. I was Deputy U. S. Surveyor under L. Upson, Esq, U.S. Surveyor-General for California, dur- ing the year 1866, and as such deputy made a sur- vey of the Pueblo lands of the City and County of San Francisco, in the months of March and April of that year. Before commencing the survey I called at the quarters of the then Commanding General, General McDowell, but not finding him, I left my name, official position, and mission at his then headquarters. Subsequently, on the same day, as requested by Col. Drum, I reported myself to Major Bowman, the Commanding officer at Point San Jose, in said City and County, and consulted with him, fully and at large, upon the subject of establishing and running the southern boundary line of the Presidio Military Reservation. I had with me certified and authentic copies of the proclamations of President Fillmore, estab- 5 lishing the reservation, and General Totten’s dia r i ey accompanying the same, and I ran the : uthern line of the reservation in strict accord ym and so informed Major Bowman nd Major Allen, who wer e then in command 3 r nd, and ere representing the Military Department in th matter of the survey. i — he ny understood the reason why the ern line of the Presidio pi was so located; they iled a squad of men to assist in surveying a J) ) 3 I was instructed to b e governed, and I nemes strictly, by the said proclamations a Sym in making the survey, and there was no y In tracing upon t i thereby called for. Sri —e time of making such survey I had no : on e ge, and was not informed of the deed of a es ini Diaz title, to the United States by el Phelps, or that any different were claimed by the militar tie re y authorit represented on the Totten ia li The survey so mad e by me, i on the plat on file in the office of Sean sioner of the General Land Office Sais Subscribed : un ed and sworn to before me, April, -6 U.S LARD DEPARTMENT. In re Survey of Pueblo } Lands of San Francisco. J State of California, % City and County of San Francisco. The undersigned, being sworn, says - My name rds. :s Milo Hoadley, my age is 60 years and upwa I am a civil engineer by profession and occupa- tion: I have resided continuously in the City of San Francisco for more than twenty-five years last past; I have made surveys during the past twenty-five years of lands, streets, blocks, and lots in every part of the city. 1am familiar with the boundary of the Pueblo lands, and also with the tract of land commonly called Presidio Military Reservation. 1 am the same person who, with General Keyes, pointed out to Lieut. Wheeler in 1868, the so-called southeastern corner of the Presidio tract at the time he commenced the « Wheeler Survey.” This corner was the summit of the hill lying southeasterly of the Barracks, and was adopted under a deed of conveyance, of a portion of the Benito Diaz grant, from Bethnel Phelps to the United States Government, made in or about the This deed is probably on file among year 1850. f the War Department, and at the the archives o 7 ) S rejected. oa Subscribed } _ ed and sworn to before me, April U. S. LAND DEPARTMENT. IN RE SURVEY oF PUEBLO LANDS, OF SAN Francisco. State of Californi ia, City and County of San Francisco. bss The undersi gned being sworn : says :—My n ae J. Welch, my age is 32 ae Si) Se e city of San Francisco, and am a bioker y occupation. [ know the tract of land called ~ a The es greater portion of said tract has been used a wi years last past, and is now being used zing purposes by vari : ious dair ving i fr ymen livin th : Aerabntheod thereof, such dairymen pa ‘ in i or or persons in charge ee 40 : ead per month for the privi Samed Tn e privilege of graz- g their cows within the a €. 8 On the 24th and 25th of March of this year, (1879). 1 counted 600 head of cattle (mainly milk cows), and about thirty head of. horses run- ning upon said tract. I do not known whether the money paid by these dairymen for grazing their cows within the Reservation is ever paid over to the U. S. gov- ernment or not. And further deponent saith not. Subscribed and sworn to before me, April A. D. 1879. END ‘OF TITLE "END OF REEL. "PLEASE REWIND.