Brumagim - Candeleria

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Brumagim - Candeleria - a a a a a a WILL FIGHT DAN BURNS The Candelaria...
a a a a a a WILL FIGHT DAN BURNS The Candelaria Mining Company Company Preparing for a Great Battle FOE THE RICH MEXICAN MINE. Fraud and Romance Mixed Up In a Struggle Over Rights of Ownership. Colonel Dan Burns of Mexico is not going to remain long in undisputed possession possession of the fabulously rich La Candelaria Candelaria mine in the Mexican State of Durango. The opinions of prominent lawyers have been obcained upon the rights of ownership ownership under the Mexican laws and their conclusions are that the mine does not rightfully belong to Burns but to the original La Candelaria Mining Company, organized in San Francisco as far back as 1863. Neither limitations of time nor legal proceedings held subsequent to the date on which the old corporation assumed possession possession of the mines are regarded as obstacle?, since the facts stated by this company's organizers include glaring irregularities in legal procedure and stupendous frauds are alleged to have been committed at various periods in the taneled and romantic history of La Canielaria. At the present time preparations are being made in this city to begin suit in the highest tribunal of Mexico for the purpose of regaining possession of the mine. Dan Burns will be the defendant, and this time he will be compelled to maintain the legality of his title or forfeit the property forever. The initial steps were quietly taken in the office of the late Abraham Powell, 22 Market street, last Saturday. The old company resuscitated itself after a Rip Van Winkle sleep of something like a quarter of a century and thereupon proceeded proceeded to tranact business necessary before before going into harness as an active corporation. corporation. These proceedings appeared on their face to have little significance other than that an assessment was levied on the stock and, not being paid, the delinquent stock was sold. The assessment was designated designated as No. $ upon the following stock: No. Name. Certifi- No. ?<■■■'? ca:e. Shs. Amt. ; Main A Winchester 2 125 $250 Mark Brama^m :.* 3 100 200 James MeMeechan 4 60 100 Richard Cheuery 6 60 100 John H. Redlngton 7 25 M) Dickinson & Gazuinana 9 60 100 P. li. Kraner 10 25 50 Thomas R. Hayes 15 60 100 Alfred Barstow IT 6 II Alfred Barstow 1W 19 38 William Jordan 38 20 40 WUilamT. Prince 42 40 80 Marshall Habtard 46 25 50 Wil.iam C. Root 48 25 50 O. W. Chtlds 49 25 50 Charles F. Hayward 61 10 20 A.K. i-rasT 60 50 100 A.E.lraser «>- 46 92 Joseph Rice t>3 25 *50 1 Pedro J. Barraza 63 112 224 Dolores L. Green 64 100 200 | William H. Ladd 65 60 120 ; William H. Ladd 66 50 100 William H. Laid 67 50 100 ! John Anderson 68 60 100 j James Tlrrell Jr 69 50 100 J. G. Rice TO 50 100 E. Whiting 73 i 15 30 Mark Brunia?ini 74 108 216 Mark Bnima?im 75 100 200 William T. Prince 76 7 14 K.U.Dono 77 6 12 John Anderson 85 196 392; Peter H. Burnett (in trust) 87 75 150 1 In accordance with an order of the trustee? trustee? this stock was sold ostensibly to pay the delinquent assessment thereon and costs connected with the sale, bm in reality reality George A. Hh'l, the secretary, bought it in for the company, and by so doing precluded severai stockholders who, no doubt, had lost interest after years in the mine. Such shareholders as were weakkneed weakkneed upon the prospects of ever getting any dividends upon their investment were lopped off by the pro forma sale, and the company fell into the hands of men determined determined at this late day to make a tight for what they believe is justly due them. Not a few of the stockholders have passed away. Richard Chenery, who was president in the company's prime, has pined the great majority, with others mentioned in the list of "delinquents," and only a week ago while in the heat of the fray Abraham Powell, the president, died. Mr. Powell was a large stockholder and one of the most enthusiastic in maintaining maintaining the company's rights, but his place will be rilled at a meeting to be held soon, and then, too, the company will practically practically reorganize. Mark Brumagim was among the delinquent delinquent names, and nas been precluded from making claim to an interest in the company. company. He is righting on quite another score in the City of Mexico, asserting his claim through possession of a twentyfourth twentyfourth interest in the mine given the Laveaga Laveaga brothers for the property in IMBL Sinews of war to carry on the law proceedings proceedings against Dan Burns were procured by the sale of stock, some of the wealthy shareholders buying up delinquents, and thus indirectly assuring legal counsel of a handsome recompense. William H. Jordan was retained to examine examine the records, documents, etc., of La Candelana mine as advisory counsel with P. M. Osmont, attorney for the company. These two lawyers came to the same conclusion conclusion separately. They declared that tLe company was by right entitled to possession possession of the mine from which Dan Burns is to-day taking immense quantities of silver and through which he is fast becoming becoming a Crasus. •I made an examination of the legal history of the Candelaria mine," said Attorney Attorney Jordan, "at the request of the company company and gave my opinion, but beyond that I have no connection with the matter." "What was your opinion?" "That the company of which Mr. Hill is secretary is the rightful owner of the property, property, lam not sufficiently familiar with procedure and operations of Mexican law, though according to the Mexican code this company ought to get possession of the mine. My judgment was based on facts submitted by Alfred Green and other members members of the company." Attorney Osmont had no doubt that the mine belongs to the company and not to Burns. Acting on his advice La Candelaria Candelaria Company has taken the initiate in proceedings against Burns. "There are many points," said the attorney, attorney, "which would oe of interest to the public, but my position as attorney forbids forbids me discussing my client's business. Legal proceedings will be instituted to test the question of ownership of the mine, but I am not now prepared to say more about the matter." The leading spirt of the movement is Dr. Alfred A. Green, the first American to own the mine. He is a brother of Colonel Green of the Mexican army, and has considerable considerable influence at the capital of Mexico. The history of the famous mine at San Dimas, in the State of Durango, is quite as intricate as it is romantic. In 1562 Dr. Alfred Green went to seek his fortunes in Mexico, and on his travels learned of the Candelaria mine which was then being operated "from the water up" by Vincent and Miguel Laveaga in a primative ♦ay which yielded only a small income. The State authorities were willing to transfer the mine and adjoining deposits of silver ore to capitalists who would undertake to work it all on an extensive scale. Tiie I.aveagas were willing to let the mine go for a consideration so the property was 'denounced." This means it was condemned condemned by law, and in fact confiscated as either abandoned or not properly worked. Green returned to San Francisco and formed a partnership with Lewis M. Burson, Burson, with whom he traveled again to Durango. Durango. had the mine denounced and the title secured in their names. The Candelaria Candelaria Company was organized in San Francisco Francisco and without fulfillment of a contract between it and Green and BiWson got control control of the mine. The company transferred transferred its title to a New York corporation through Brumasjim, Chenery and a third party" named Slosson. Meanwhile Green claimed to be the real owner, and according according to Mexican law announced he could take forcible possession at any time. This had the effect of raining the New York and San Francisco companies and the enterprise enterprise lingered for years until Columbus Waterhouse took it lit>. Now Colonel Dan Burns comes upon the scene. It was after he had got through with his unpleasantness with the State of California. \Vaterhouse had secured a lease for thret years of the Candelaria mine, with option of purchase finally. , Bums was appointed superintendent, and while he was managing the mine Waterhouse sent down all the machinery and capital required for develoDinjr and operating it. but never got a dollar ba<*k. About that time, while between 50 and 100 men were working in the mine, Burns, so it is charged in the Mexican courts, conspired conspired with the Jete Politico and the Governor Governor of Duranjro, and through them succeeded succeeded in having the mine denounced as abandoned. Just as soon as the property was thus confiscated to the State Burns took possession personally on the ground as required by the law of'the land. And when Columbus Waterhouse went there later on he was told by Burns, "I own this mine." Brumagim's claim is based on a onetwenty-fuurth onetwenty-fuurth interest given the Laveagas by the original company, but he is not regarded regarded as a serious obstacle in the present contest, which will most likeiv cost Burns something like a Culd half million dollars or the loss of the Candelaria mine. YETEEAN POLICE SKETCHES. Sersreant Thomas D. McKenna, head of the liquor license department, was born on February 14. 1537, in Randolph County, Illinois. He came to this City when 15 years of age. He dug for gold in the mines for some years and then started in business as a merchant in this City. He was ap- pointed on the police force on December CO, 1^72. and when the liquor license department department was organized he was placed in charge of it and promoted to the position of sergeant. That was on December 27, im ~ POLICE COURT OFFICIALS Judge Conlan Advised That He Must Recognize the New Appointees. Prosecuting Attorney Wakeman and Clerk Watson Decline to Retire. When Jndcre Conlan was handed a copy of the resolution of the Board of Supervisors Supervisors appointing A. L. Morgenstern as clerk of his court in place of Ambrose Watson Watson he intimated from the bench that he would recognize no other clerk but Watson, whom he looked upon as a most efficient and honest officer. He would consult his attorney, Carroll Cook, and be guided by his opinion. Yesterday morning when court was opened the Judge said: "I have been advised advised by my attorney that I have no other recourse but to recognize the new appointee. appointee. I declined to take the off-hand advice of my attorney, and had him make a careful examination of the matter. He has now advised me that, while he has failed to find any authority for the board making any appointments, yet as it made these it has the power to declare the places vacant. It peeirn at all events that I have not jurisdiction in the matter. I have always always contended for my rights, and have been mandamused on several occasions, but I am not disposed to make a stand when I have proper advice that I will be overruled. I have found Mr. Wakeman. my Prosecuting Prosecuting Attorney, and Mr. Watson thoroughly efficient, and I had hoped to retain them, but 1 find I cannot do otherwise in the premises than recognize Mr. Mogan as Prosecuting Attorney and Mr. Morgenstern Morgenstern as clerk of the court." Mr. Wakeman said there was no power vested in the Board of Supervisors to create a vacancy and that officers appointed had practically a life tenure and could not be removed except by an act of the Legislature. Legislature. The ruling of Judge Conlan that the officials de facto were not entitled to their places was to prejudge a matter that had not been brought before competent authority. authority. He declined to retire and would contest the matter further. Clerk Watson also said that he would not retire until compelled to do so by the proper authority. General Dickinson, who appeared for Morgenstern, handed up a formal order recognizing his client as clerk and the Judge ordered it spread on the records. The court was then adjourned until June 8, the Judge taking his vacation in the interim. Judge Campbell will not make his ruling in the case of Prosecuting Attorney Enos till next Tuesday, as Mr. Enos ia out of the city. ft is understood that the combine in the Board of Supervisors have decided that no more removals will be made. Supervisor Dunker has taken a pronounced pronounced stand on this question, and along with Morgenstern will vote with the minority minority against further removals. Mr. Dunker Dunker said yesterday that he was opposed to removing good and capable men from office without sufficient cause, and has so informed informed the other members of the board. On other issues he declared he would reserve reserve the right to vote as he saw fit. A Student's Funeral. Yesterday morning the funeral of Edward 8. Schwartz tooi place from the home of his parents, on Lott street. The deceased youth was an exceptionally bright scholar, not yet ltt years of age. He entered the Sacred Heart College when he was only 7 years old and studied there for eight years. Daring the whole term, or almost the whole term, he was in the class taught by Rev. Brother George, and it was universauy admitted that he was one ol the Drightest students who ever entered the college. The remains were taken from his late home to Bt. Agnes Church, where a solemn requiem mass was celeDrated by Rev. Father Kirby. The pall-bearers were as follows: James J.O'Dea, Joseph V. Costello, Francis J. Kane. John J. Sullivan, James P. Monaghan and Edward F. Jansing. • — ♦ — • Special Baggage Notice. Round-trip transfer tickets on sale at reduced reduced rates at our office only. One trunk, round trip, 50 cents; single trip, 35 cents. Morton Special Delivery. 31 Geary street, 4*)± Taylor street and Oakland ferry depot. * it Blue Dr. Hoff Dr. Dr. Snon? Best first not Give 1 ■ P

Clipped from The San Francisco Call05 May 1895, SunPage 7

The San Francisco Call (San Francisco, California)05 May 1895, SunPage 7
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