Hutchinson to Sutter, February 1, 1875

Mr. Hutchinson to Mr. Sutter.

Friend Sutter: * * * * * *

I am very sorry about the notice not being sufficiently formal. My relation to the church being a general one, it seemed more proper for those who had been in charge of the congregation for a year to give the notice in their name; hut I said, “If more is needed, rind out exactly what, and we will give it.” It certainly is the duty of the officer to whom this should be reported to indicate the legal form of the notice. It is a strong point, it seems to me, that the authorities did actually take notice of Don Procopio’s notice. I was in his house when the authorities (I speak of the authorities in general, not knowing each one in particular) sent to know where we thought another lamp would afford the most protection. We went, according to appointment, at 4 o’clock p.m. the same day, to consult, and the lamp was placed at the upper corner of the church, so as to give light behind and in front of the church. The chief of police was there in person. This was, it seems to me, a virtual acknowledgment of notice, and I did not think there was any question. If more details, &c., were required to fill up his report to be forwarded to the government, these could have been given at any time. I am not sure that all such details as a full report would call for are absolutely necessary before protection can be claimed under the law. I believe the case would stand the test of law for the purposes of protection. Of course it is to be regretted that there is any question about it. A contract may not be drawn in exact legal form, but if, with a knowledge of this, work is done or payments made, the contract takes a binding form, and so it seems to me in this case. The authorities took notice of pur opening a new place of worship by placing another lamp for special protection.

Yours, very truly,