ANTONIO MILATOVICH - REAL ESTATE PIONEER

OF SAN FRANCISCO AND MEXICO, 1860 - 1865

By Adam S. Eterovich

The Milatovich clan from Dubrovnik in Dalmatia was well represented in California and Nevada pioneering circles.

Andrew Milatovich was a fruit dealer on Grant Street, San Francisco in 1852 and had opened a restaurant in the famed gold mining center of Marysville, California in 1861 at the comer of B and First Streets. He later established a saloon in Virginia City, Nevada in 1870.

Vincent Milatovich had the largest grocery-liquor provision house in the state of Nevada at Virginia City in the 1860's. He also had the first vineyard in the state of Nevada.

Antonio Milatovich came to California in his own ship in 1850 and was the proprietor of the Hotel de Ville in San Francisco in 1851 with major property holdings in the city. He sued the Republic of Mexico for over one million acres of land:

BEFORE THE JOINT COMMISSION

of the

UNITED STATES AND MEXICO.

ANTONIO MILATOVICH

VS.

THE REPUBLIC OF MEXICO.

NATURE OF THE CLAIM.

Antonio Milatovich, a naturalized citizen of the United States of America, and a resident of the city of San Francisco, California, U.S.A., purchased at various times during the year 1858 and after, many large tracts of land in Lower California, Mexico, amounting in all to about one million acres. Some of these lands were bought from Mexican citizens, others direct from the Mexican Government, but claiment's title to all of said lands has been fully recognized by said Mexican Government, as evidenced by duly authenticated copies of the title-deeds to said lands and other papers relative thereto, on file herein, (Does. I and 2.) Claimant bought said lands for colonization purposes, and from the year 1859 to 1864, fitted out many expeditions in said city of San Francisco, and endeavored to take possession of said lands, but was always prevented from so doing by unlawful acts of Mexican authorities in said State of Lower California. Claimant expended in these efforts the sum of $54,950, and claims to have been damaged in the denial of said possession in the further sum of $500,000; wherefore he prays judgment for the sum of $654,950.

STATEMENT OF THE CASE.

Claiment's memorial as amended contains fifteen propositions, which are as follows:

1. In 1859 claimant was a man of note, as an enterprising businessman, in San Francisco, California, U.S.A., at the time he engaged in his colonization scheme in Mexico.

2. In 1859-60 claimant owned about one million acres of land in Lower California, Mexico.

3. In '59 and '60 he sent Baron Morner to get possession of said lands, which possession was refused by Mexican authorities. Cost of said trips to claimant, $1,000.

4. In February, 1860, claimant went himself with an expedition for the same purpose, and failed for the same cause; cost, $8,000.

5. In March, 1860, while down in Lower California, finding he could not got possession of his lands, he yielded to Governor Castro's antreaties and turned over to him provisions, areas, and loaned him money, all for public use, to the amount of $5,000, which has never been repaid in whole. loss $5,000.

6. In April, 1860, on his return to San Francisco, he sent governor Castro, at his request, a quantity of munitions of war, to be used against there revolutionists, amounting to $3,000.

7. In the summer of 1860, Commandant Mendoza, of the Mexican Army, destroyed claiment's property, at Sausel ranch, amounting to $12,000.

8. In December, 1861, on the express invitation of Governor Esparzo (Castro's successor), coupled with a promise of protection, claimant sent an invoice of goods to refit said Sausal rancho, by the "Manuals," which in-

voice was unlawfully seized and hold by this same Governor Esparzo to claim-

ant'$ low, $4,000.

9. In March, 1862, claimant sent Mariana Ponce de Leon to get possession of said [ends, who was refused, as claimant had been before; cost $1,000.

10. In February, 1863, claimant made his second expedition in per. son, with a large outfit, to got his land%; refused as before; cost, $5,500.

11. In the fall of 1863, claimant sent Maximeno Barragun to got possession of said lands; refused as before; cost, $750.

12. In February, 1864, claimant sent Joaquin Marterelli to get possession of said lands; refused as before; cost, $1,200.

13. In April, 1864, claimant made a third expedition in person, with large outfit, to got possession of said lands, which was refused as before; cost, $8,500.

14. In September, 1864, claimant went to the city of Mexico for redress, but failed to obtain the same, by reason of the enforced absence of President Juarez, and the occupation of the City of Mexico by Maximilian;

cost of trip, $5,000.

15. Claimant charges that he has expended $54,950 gold coin in said efforts to get possession of his said lands, and has been damaged $500,000 by said possession having been denied him.

Wherefore he prays judgment in the sum of $554,950.

EVIDENCE IN SUPPORT OF THE CLAIM.

On the part of claimant there are the depositions of twelve witnesses. Of these witnesses, eight were in Mexico at the time of the occurrence of the events concerning which they testify, and speak of their own knowledge.

Sacramento Valenzuela, one of these witnesses, was judge of the district in which most of the injuries were committed and was there at the time acting as such judge.

Ramon Bonitos, another witness, was adjutant to General Castro, who had command of the district, where the injuries were committed.

The other six of the eight witnesses, who were on the premises in Mexico, were engaged as merchants, farmers, miners, school teachers, clerks in store, etc.

The other four witnesses are merchants and clerks, residing in San Francisco, who testify as to the standing there of claimant, and the purchase and shipment by him of goods, &c., &c.

Claimant's status of citizenship is that he had taken out his first papers before the occurrence of any of the acts complained of, and received his final papers of citizenship before the completion of all of said acts, and before the treaty creating this honorable commission was made, so that at the time said treaty was made, and for several years prior thereto, claimant was a fully naturalized citizen of the United States, and said citizenship is proven by certified copies of his said naturalization papers. (Documents No. 4 and 15 on file herein.)

PROOF OF THE DIFFERENT PROPOSITIONS.

1.

"That claimant was a man of note as an enterprising businessman,' &c.

R. E. Rowland, a Son Francisco merchant, says he has known claimant twenty-three years; that claimant arrived in Son Francisco, California, in 1850, in the Brig Portinia, which vessel and part of her cargo belonged to claimant; that claimant continued in business in San Francisco until 1859, when he began to sell his property there, and buy land in Lower California. (V. Ooc.10.)

E. Costerauste, a French merchant in San Francisco, says he has known claimant eighteen years; knew him to be in business in San Francisco employ-

ing forty or fifty men; that claimant was doing a large and profitable business, ead invested his money in real saute in San Francisco, California, which be-

came very valuable, and that in 1858 he began selling off his city lots, and in-

vesting the proceeds in lands in Lower California. (V Doc. 16.)

The foregoing is corroborated in general terms by witnesses Stuart, (Doc. 7), Schafer, (Doc. 8), and Giorgiani, (Doc. 1 1).

11

"That claimant owned and still owns about one million acres of land in

Lower California."

This is proved by the authenticated copies of decrees of President Juarez, confirming claimants titles, of official correspondence relative thereto, and of the title-deeds of said lands. These copies are contained in two large ex-

hibits of about one hundred and fifty pages each, filed herewith, and marked Exhibits 1 and 2. These exhibits show ownership in claimant of forty-one

different tracts, amounting in the aggregate to 220% leagues, or about one million acres.

All of these grants were made before August 28, 1858, but they, with many others made by the local governor, had not yet been confirmed by the Supreme Government of the Republic.

On said 28th day of August, 1856, Jose Castro, Governor of Lower California, where said lands were, appointed Baron Morner, a commissioner for Lower California, to go to Mexico and procure the confirmation of such grants in the State as had not yet been confirmed. (See copy of this commis-

sion in the original Spanish, on page 17 of Exhibit 1.)

Mourene (Doe. 13) corroborates, mentioning the names and area of

ranches known by him to belong to claimant, to the amount of about 600,000

acres.

Rowland (Doc. 10) corroborates Mourette, and testified further that sold lands contain many valuable mines of gold and silver, and celebrated soft deposits of great value, and all of the witnesses speak of claimant as a large landowner.

Antonio Milatovich did not succeed with his claim or recover his lands in Lower California.

Perhaps the historical events of the tiirne worked against him. Maximilian of Austria was sent to Mexico as Emperor. The homeland of Antonio Milatovich, Dalmatia, was under Austrian rule.

Antonio, being an enterprising man, was able to live quite well in San Francisco and to pass his final days in relative comfort far from his home in Dubrovnik.