The San Francisco Call. Newspaper, March 17, 1895, Page 8

THE N FRANCISCO CALL, DAY, MARCH 17, 1895 S8 Eintticy @ Weather to-day doubtful, with a ening aspect s likely to be ightly threat- The official fore- asters forgot to predict theslight dashes of rain that made the cobblestones slippery yesterday morning. The prognostication for to-day is as follows: Probably occasional light rains Sunday morning; clearing during Sun- &Y: nearly stationary tempera- d ture; brisk to high sou W i toye; high southerly winds, shifting to LOOAL NEWS IN BRIEF, Scheel’s Conservatory of Music wi atSchesls Conse of Music will be opened Two victims of counterfeit coin reported their cases to the police yesterday James Gilleran, ex was sued for § n, ex-Superintendent of Streets, 700 for hotel rent. The steam wh Narwhal sailed yesterday for a two years' ¢ i 4 nise in the Arctic. High school boys won & bas ment at the Y. M. C. A. last eve John Donovan, & last night on a cl ball tourna- ing. mgshoreman, was ar- rge of robbery. ian exiles will probab y that the ex-Queen, come to this city. ¢ Public Library trustees will render 5000 s of periodicals free of access to the _The National Guardsmen w the cor 1 be paid during ing week for their services during the ike. ¢ barbers are entitled to a half-holiday on ey, and ought to have that privilege d to them by law. notified yesterday that a _been victimizing insurance lausible story. 1 High School carried off the honors ur Athletic League’s field day at Jlympie Club grounds, it J. McCoy and J. L. ia at'the Young A clation conferences in Ma cars will represent 'n’s Christian Asso- P. Peterson, aged 36 years, e al and an exile from Hawali, d rnia Hotel yesterday Attor- d at 1 8 detective are in- fire which took place én Thursday night. * Helliwell, steward of the British ship laliadale, run amuck on board on Fri- tried to Xill the captain and first hal Towe a an incendia ixth stree "redericks was arrested last night on int of Charles Ruppel, a jeweler, on of assault with a deadly weapon and found a letter yesterday which Mannie Pinner to Rosie Hayes 1 it probably drove her to neral review of at the Presid.n all the ., in hon 4 Monda been chartered to go to his means occupation n and an increase of ter front. > ion of Superintendent of Schools 1der the twelve Moqui Indians confined at Alcatraz Island will be taken on a tour of in- spection of the public schools. The teache ment 1 examination of applicants ates in the Sehool Depart- yésterday at the Normal t until next Friday. Houses for purposes released on bonds. Spencer, the eet, was attached judgment for A. Waldteufe emy of H Fairbanks will tled “An Ascent of Mount with stercopticon illustration. ure ex 1 May” y ter of La la Mer, Board of Health at its next meet- report t ing. 15 of Pyth rom building metery, where their dead are riber, was taken from t ening and placed in a he Receiving Ho: al to await ¥y Commis- ier has sentenced Gus Grifiin to imprisonment, Edward R. Lowen to a year and a half, Frank Weatherby to five years and Albert Johnson to one year, all for ari orrest, periormers at the rday on a warrant vith allowing his brother, form. He was released on one of the ested y > been filed in the snit of Ru- the la Bank eal the terms of the settlement of uit brought els against his father in 18! Three fave Roval Flush The and p in Catholic the usual hLours. Panegyries will nounced on the apostle, and there will exercises, 'rvices in different ty to-day will be at be pro- be extra The Board of Supervisors will be compelled to rescind an ordinance prohibiting the Audi- tor from signing warrants on funds which are exhausted, in order to provide for the burial of the indigent dead B. W. Windheu and Franklin streets vesterday by Judge fulfilling his prom and pay a fine of 520. The Harbor Commissioners are not opposed t0 leasing water-front lands to the San Joaquin Valley Railroad, as erroneously published by an evening paper. Their position is agreeable 10 the managers of the enterprise. As was suspected Gustaf Broman, the man with an_unenviable record, wh rested for perjury, has an accident poli his life with a v in this city, who inti- mated yesterday that if would be canceled. THE San Jose Mercury is on_sale at the fol- lowing-named place: San Francisco: Palace Hotel newsstand : Occidental Hotel newsstand, Baldwin Hotel newsstand; J. K. Cooper, 743 Market street Albro, 1000} Market street ; Pierson earny street. * Samuel Montague & Co., London bankers, have brought suit against R. H. McDonald, James M. McDonald, Frank V. McDonald and Daniel Meyer, as stockholders and directors of the Pacific Bank, to recover & 33, due on an account between the two banks. Two answers have been filed by John W. Mackay and his co-defendants in the suit of M. H. Fox to Fox’s last amended complaint for a portion of the shortage in the mill accounts. he answers make a specific denial of each allegation of conspiracy and fraud charged by Fox. Dr. Keeley thinks he bas a sure cure for la grippe. Hesays: “I would like to suggest a treatment for the grip, which I know ismearly specific as well as innocent. It is simply asafetida, taken in four-grain pills, one piil four times a day. No man need be sick of the grip these days who will take it.” The Calliopean Club gave an emerald ball Jast evening at Golden Gate Hall. Only young eople were present. ing on the eve of St. atrick’s day the committee wore the insignia in green and the hall was handsomely deco- rated in that color. During the evening pro- fessional talent contributed to the entertain- ment of the guests. One of the most enjoyable affairs of the past week was the Tivoli theater party given by Miss Sara Silverberg in honor of MissMendel of New York, who is the guest of Miss Schwabacher. The party consisted of about fifteen couples, o occupied the entire top gallery of the Tivoli, where they could talk to their hearts’ content without' disturbing their neighbors. Atter the performance the party adjourned to the Concordia Club, where there was a supper followed by dancing. Angus Ralfo, Charles Smith, Frank Jois, Willie Shannon and Theodore Lanquest, the five boys who committed several petiy burglaries in the Mission, appeared before Judge Conlan yester- day to answer to the charge of p u{ larceny. Rulfo and Smith had their cases dismissed, Jbis’ case was continued till to-morrow and Shannon and Lanquest were convicted and ordered to 2ppear for sentence to-mOrTow. saloon-keeper, McAllis‘er was ordered into custody ow for contempt in not 10 take out his license = RAILROADING IN A GRAVEYARD, AN INJUNCTION SERVED ON THE BUILDERS OF SUTRO’S NEW ROAD. ANGRY KNIGHTS OF PYTHIAS. MAYOR SuTRO'S ENGINEER SAys THEY ARE SCRATCHING Him FOR CoOIN. An injunction was issued yesterday by Judge Slack against Mayor Sutro in his capacity as president of the People’s Rail- road Company to restrain that company fyom entering upon the City Cemetery property and laying its tracks over the | graves that have remained undisturbed for | five years. Yesterday afternoon an officer of the court served notice upon the laborers who were engaged upon the construction work within the cemetery grounds and they im- | mediately suspended operations. The suit is not the result of sudden heat or the discovery that the new road had blundered into the graveyard unawares, for negotiations have been going on fora and that this is merely carrying out the threat sent him that unless the §5-a-head proposition was accepted they would ‘‘run right over the graves.” i n the other hand, Mr. Sutro’s engineers declare there are no graves where the road runs, at least no mounds and no_markings that they could distinguish; neither, they say, were there any fences other thana few old stakes, as the place had been al- lowed to fall into decay. They all believe it is simply an attempt to “scotch the old man for a few dollars.” Mr. Samuels, speaking about the matter yesterday, said: ““I have danced attend- ance upon the Mayor as long as I’'m going to in this matter. ~ His last threat is that he would open up the streets occupied by the cemetery. The fact is, that can’t _be done by anybody short of Congress. Not | only were the limits of the cemetery fixed by the City Council, and the Legislature, too, 1 beliéve, but were confirmed by Con- gress, and only Congress, therefore, can change them.’ Suit was begun yesterday by C. L. Pat- ton, who represents the association, and Judge Slack granted a temporary restrain- ing order, pending a hearing. he law 1n the matter is plain. Section 296 of the Penal Code, relating to defacing tombs and monuments, provides: Every person who willfully and maliciously defaces, breaks or removes any tomb, monu- ment or gravestone erected to any deceased person or any memento or memorial or any ornamental plant, tree or shrub appertaining to the place of burial of & human being, or who shall mark, deface, injure, destroy or remove any fence, post, rail or wall of any cemetery is guilty of & misdemeanor. In 1884 the municipality granted to the association permission to bury in the City Cemetery, and set apart for its use a field of about two or three acres. This was thoroughly fenced in, and has been used by the association eversince. The portion of that tract which is affected by the pres- ent proceedings is officially described as blocl? 1 of section 2 of Golden Gate Ceme- tery, and is known as the Bureau of Re- STy Lty 2 THE CURVE OF THE PECPLE'S kgihn R RAILROAD WHERE IT CUTS THROUGH THE CORNER OF THE KNIGHTS OF PYTHIAS CEME- TERY, COMPLETED YESTERDAY BEFORE THE RESTRAINING ORDER WAS SERVED. . [Sketched by a ““Call” artist.] long time between the Mayor and Presi- dent M. A. Samuels of the K. of P’. Ceme- ssociation, which resulted finally in greement to disagree. For the part of the cemetery directly affectea, tnat Iying at the intersection of | o her loved one’s grav Clement street and Thirty-third avenue, belongs by right given them by the City Council, to etery Association. The franchise given the People’s Rail- road Company permits the occupanc Clement street and Thirty-third : But the trouble is there isno way of get- ting from Clement street into Thirf avenue although theoretically they inter- sect. But the cemetery has absorbed the width of both of these streets, Clement street on the south and Thirty-third avenue on the east, and where they should cross each other there is the corner of the cemetery pushing its shoulder to prevent even an intersection. There is no way for the railroad to get from Thirty-third avenue round into Clement street, there- fore, except by cutting through'the corner of the cemetery which extends into the street or else by rounding off through private property. This was the problem that confronted the People’s Railroad in its great desire to get into town. Mayor Sutro tirst opened negotiations with the owner of the private property that ran into the corner where the streets came together, but the owner thought he saw one of those opportunities that come to a few men only a few times in their lives and he set his price for the strip at $1500. Mayor Sutro owns a few of the sand dunes himself away out there, and he knows their value per square foot better perbaps than any otier man in town, not excepting the City Assessor, so he said a few things in his deep, guttural voice, which need not be repeated here, and then turned his broad back upon the man and went straightway to his office and sent out orders to his engineer to plant a_tripod on the corner of the cemetery that had thrust itself in the path of the People’s Railwa; and try to imagine how it would look wit! some steel rails describing a 30 degree curve. He expected to hear from this very shortly and he did. President M. A. Sam- uels of the Knightsof Pythias Cemetery Association called upon him next day. Mr. Sutro said he was delighted to see hiin and was sure that they could come to a erfect understanding in a few minutes. No, there was no need of hiring lawyers; they two would talk iv over between them- selves. They did talk it over,and when they parted both thought they had arrived at a satisfactory understanding. The proposi- tion was that the road should be allowed to go through the corner of the cemetery, but that the railroad should pay for re- moving some twelve bodies buried in the lots that would be traversed, and should re-establish the outer wooden fence and an iron fence which surrounded the K. of P. subdivision of the cemeteries within the inclosure. This, says Mr. Samuels, was originally agreed to by Mr. Sutro, and he | set his men to work. It was understood by Mr. Samuels that the cost of moving the bodies would be $250, and that Mr. Sutro agreed to the figure. Afterward the railroad company offered to do the work of removing the bodies or wounld pay $150. This, aiter some further talk, the association finally agreed to. . Again negotiations were reopened, says Samuels, and Mayor Sutro offered to pay 5 for the removal of each of the bodies. This, Samuels says, was less than the usual cost of the work and he refused. Then he says Mayor Sutro became angry and charged him with trying to blackmail him and declared that he would go ahead an run the road through without asking any- body’s leave. The men, as stated, entered the inclosure yesterday and were well on toward finishing their job when the notice of temporary injunction was served on them yesterday afternoon, and they took the Bnhudl{ afternoon half holiday. Both parties are now thoroughly angry, and it is more than_likely that a legal E;'/- tle will run a considerabie length. Samuels declares that the railroad men have torn down the fences and that the road actually runsover s number of graves, considerable filling in having been done over them, and no attempt made to carry out the original arrangement to remove the bodies. He says that the tracks run close up to the tombstones of other graves | Lief Plat. It contains twelve bodies, which | have been underground for four or five 1 The last one to be placed there was | that of James Kirby, whose widow now resides at 718 Natoma street. Naturally | enough she too objectsto the disturbance | When Mayor Sutro was asked about the | matter late last night he said: pe Knights of Pythias Cem- | p ““The Supervisors ordered Clement street aved some weeks ago, and the cemetery people had no right to have the fence there, and indeed the fence had been re- mo: ‘When the building overations on the line of the road reached that place the people who pretended to control the grave- yard asked an exorbitant price for remov- ing the bodies said to be there, and I re- fused to pay it. They talk something about the tracks being laid over the graves. Now I am informed that there are no | graves there—that the nearest is several feet away. “We were served with a restraining | order to-day; but it was a little tardy, in- | asmuch as’ the tracks were already laid | across the corner in dispute. The work is done and the restraining order is of no effect. There will be no trouble, as the whole thing is over.” 'TUURING IN A PRIVATE CAR. DISTINGUISHED EASTERN VISITORS GUESTS AT THE PALACE HOTEL. THEY CAME FROM CENTRAL MICH- 1IGAN, AND WILL VISIT THE SOUTHERN COUNTRY. A party of tourists from Central Michi- gan arrived yesterday in the private car “Alma” and will stay at the Palace Hotel during their visit of three or four days in this city. The party includes Mr. and Mrs. A.W. Wright, Dr. and Mrs. J. H. Lanca- shire and Miss Lancashire, of Alma, Mich., Mr. and Mrs. H. L. Ayer of Boston, Mas! and Mr. and Mrs. W. F. Knowlton of Sa | naw, Mich. Of these, Mr. Wright, besides being the proprietor of the famous Alma Sanitarium and an extensive lumber-dealer, | is president of two railroads in the East and vice-president of a third, and the Pull- man ‘‘Alma,’’ in which the party istravel- in% is his private ear. he Alma Sanitarium is situated on the banks of the Pine River, in the lower peninsula of Michigan. Its climate is en- | tirely free from malaria, and the air is unusually dry and salubrious. Conse- quently it is a favorite resort not only for invalids but also with people who appre- ciate a quiet summer home, where expert medical attendance can be secured if de- sired. The main building of the institution is a substantial structure of brick and stone, ith accommodations for 300 guests. It is lighted entirely by electricity, and in its construction the most careful attention was paid to sanitary and hygienic laws, The medical staff of the institution in- cludes specialists in the various branches of the healing art whose names are famous the world over. Dr. Lancashire, who is vice-president of the sanitarium, is him- self a well-known figure in the medical world, and twenty-one consulting and resi- dent physicians assist him in his work. The visitors will remain in this city till Thursday next, when they will leave for Monterey and the south. During their stay the principal points of interest will be visited, including the park, Presidio, Alca- traz, the Union Iron Works, Chinatown and the site of the old Cliff House. ——————— Working the Crowd. Pete Luceres, a young man, was booked at the City Prison last night by Policeman Brophy on the charge of receiving stolen goods. Brophy was off duty, and was enjoy- ing the concert at the Mechanics’ Pavilion. He saw Luceres and & companion working the crow d, and watched them. They stood behind astout old lady, and Brophy saw Luceres re- ceive something from the other young man. Brophy immediately grabbed Luceres, and his companion disappéared in the crowd. The article passed to Luceres was a silk handker- chief, which is held as evidence, and the owner can_have it by applying at police head- a\:’;rwrs. Luceres says hé belongs in Hol- T, GHARLES FAIRY GONTEST READY. JUDGE SLACK DECIDES TO ACCEPT A CERTIFIED COPY OF THE WILL. SOME DISCREPANCIES FOUND THE Two COPIES oF THE WILL DIF- FER IN SEVERAL MINOR PoINTS. There is no _Ionger any doubt as to what Charles Fair intends to do regarding his father’s will. He will file papers in a con- test to-morrow providing that the execu- tors succeed m proving the certified copy of the will as the will itself. There is little doubt that it will be easy to prove the will. Judge Slack rendered his decision yes- terday on the application for an order to file a certified copy of the stolen will. This decision allows the executors to file a certified copy of the will, and declares that the copy is sufficient to be considered the will itself. This is a victory for Garret McEnerney’s supplemental petition. Judge Slack’s couri was crowded with Jearned men of the law yesterday morning. Every attorney prominently ~connected | with the case, except Reuben H. Lloyd, was in court. Knight, Heggarty, Wheeler, McEnerney. Pierson, Mitchell, Goodfellow, Van R. Paterson and Russell Wilson were among thase present. Judge Slack called up the matter at 10:30 o’'clock, and imme- diately beean to read his decision. It was remarkably free from legal verbiage, and the ordinary citizen had no difficulty in understanding all his Honor's remarks. Judge Slack opened his remarks as fol- lows: A motion is made by the petitioners for the robate of the will of James G. Fair, deceased, or an order authorizing the petitioners to file & copy of the will certified by the clerk of this court. The motion is made upon the ground that the will was s.olen after it was produced and deposited with the clerk and after pro- ceedings for the probate thereof ‘had been in- stituted. The motion is resisted for several rensons presented in an ingenions argument. It rst objected that there is no sufficient showing of a loss of the will, even if it be con- ceded that the will may be lost, within the meaning of section 1045, C. C. P., and that the clerk had suthority to certify a copy of the will. The only evidence before the court of the fact of the loss is the affidavit of the chief deputy F. Curry, the County Clerk. The 2! mewhat inartificially drawn, but it S states that the will “was stolen e&nd abstracted from the files of this court; that it has never been returned and is not now among the files of said court.” ack went on to state that County ty had tried to recoyer the wil?, but that it was not necessary for Curry to make an affidavit how he had searched for it, as would have been necessary in case the will had been lost. The statement that the will had been stolen and the affirma- tion that the custodian no longer was in possession of the will, and that ne is un- able to discover its whereabouts, are suffi- cient. The decision continues: Consequently upon such evidence, the court is Justified in permitting an uthenticated copy tobe filed. This evidence is sufficient to war- rant the court in ordering a copy of the will to be filed. Judge Slack stated that it was not neces- sary for the executors to file any affidavits, as they were not the custodians of the wil! at the time of the theft. Neither was there any need of an affidavit that the copy of the will annexed to the notice of motion really was a copy of the will so long as a certified copy is ‘there and now produced.” The decision then went on as follows: It is nextcontended that there is no law authorizing the clerk to certify a copy of the will. If this be true it follows, as & matter of course, that the certification was a futile act, and hence it would be necessary to prove the v of the will in some other manner. Seetion , Code of Civil Procedure, provides that every public officer having the custody of a publi¢ writing which a citizen has a right to inspect is bound to give him on demand a cer- tified copy of it on paymentof the legal fee therefor. and such copy is admissible in evi- dence in like casesand with like effect as the original writing.” Judge Slack states that the will was a ‘“‘public writing,” and that it came under the classification of “official document.” The Court then said: Under section 1893, therefore, the County Clerk was authorized {0 certify a copy of the will, and such copy is admissible in evidence in like cases and with like effect as the original writing; and the will, as an official document, may be proved by the original, or by a copy cerlified by the legal keeper thereof. “Section 1918 (6) C. C. P. It therefore follows that the certified copy of the will stands on the same legal footing as the original will. In speaking of the last objection to the :\coegmn.rs of the certified copy, Judge Slack said: It is further claimed in opposition to this motion that a copy of the \\'ih annot be re- stored under scction 1045, C. C. P., *which provides that “if on original pleading or paper be 1ost the court may authorize a copy thereof to be filed and used instead of the original.” It has been shown that the will when produced and delivered to the clerk be- came an official document of the clerk, and when proceedings were instituted for its pro- bate it beeame an official document in such proceedings. Why was it then nota “paper” a copy of which ihe court might authorize to be filed? To say that the will was not a “paper” is an assumption not warranted either by the terms of the section or by any other provision of the code. But it is argued that the section is inapplicable because the will was not and could not be “filed” until its ad- mission o probate, and therefore the court cannot at this time authorize a copy to be “filed.” This argument proceeds upon a too rigid interpretation of the word “filed.” he will at the time it was stolen was a docu- ment in court proceedings in the legal custody of an officer of the court. It was required by the law to remain in his custody, and when it was stolen a copy could be “supplied” under the authorization of the section that & copy may be “filed.” Inother words, in this case iled” means or includes “supplied,” just as “lost” means or includes ‘‘stolen.” But whether this interpretation of the section be correct or not is of little consequence since the court has inherent power to supply a missing paper in proceedings before it. This inherent power was recognized by the Supreme Court in Sichler vs. Look, 93 Cal., 608, in the follow- ing language, which is also 1n accord with the decision of this court heretofore made upon demurrer to the supplemental petition for probate: “When jurisdiction has once been acquired it is mot lost by & fail- ure to preserve a record of the acts by which it was acquired, and the acts of the court in exercising its inherent power to amend its record Or to supply a lost record will be presumed to have been properly exercised. But, it is argued, the court cannot permit a copy of the will to be supplied under this sec- tion, since to do sowould be to prove a lost will'in contravention of sections 1338-1341, C.C. P., which, under section 1713, C.C. P., furnish’ an_exclusive method by which a los will may be proved. But in the first place, the court is not now asked to prove a lost will for the purpose of establishing and admitting it to probate; and in the second place, there is no n{npllculion under sections 1338-1341 before the court to admit a lost will to probate, but an applicatiorf to admit to probate a produced will. l;or these reasons the objections are over- ruled. When Judge Slack finished his decision Attorney Wheeler took an exception and asked for ten days in which to file his bill of exceptions. Garret McEnerney desired to prove his certified copy of the will. This_brought Attorney Wheeler to his feet with a long objection. He stated he was not prepared to go on with the proof of the certified copy because he did not believe that the court would require him to go on the moment after the decision was rendered. The reason why he asked for time was that there were” two certified copies of the will in existence. One was prepared by Pierson and Mitchell in ‘ad- vance, presented to the clerk to be certified and handed back to Pierson and Mitchell, who have kept it ever since. County Clerk Haley also made a certified copy of the will. ‘Wheeler contended these two copies ought to be alike, but said they were not, and in some respects there were several important discrepancies. Inasmuch as there are only two certified copies in ex- istence, and these differ, the attorneys for some of the heirs claim there will be some trouble for the court to determine which one, if either, of the papers is the correct one. In the fifteentn clause the will reads: “In case either of my daughters die, leav- ing no children or descendants, the one- fourth part of said trust proverty and es- tate herein directed to be transferred and conveyed to her children and descendants shall be transferred and conveyed to the children or descendants of my other daughter, and if there be none the same shall be transferred and conveyed to my brothers and sisters and to the children of my deceased brothers and sisters by right of representation as aforesaid.” In the copy Haley holds the reading is as above given. In'the one which Pierson and Mitchell desire to have filed as a copy of the will, instead of the word ‘‘my’’ be- fore the word ‘‘deceased”’ the word ‘any’’ is placed. This, Attorney Wheeler claimed, makes a great deal of difference. The other discrepancies are of small words, which in themselves have no significance, but are found in one copy and do not exist in the other. Judge Slack decided to continue the case until Monday, with the understanding that no further continuance will be granted. The attorneys agreed to this. Attorney He(igglfly was seen after the court adjourned. He said: We were not ready to proceed on our part as on Monday we have assured the court we will file a contest of the will for Charles Fair, which we will do. Assoon as contest is filed the law requires us to serve copies of iton the peti- tioners for the probate of the will, and on other residents of the county who are interested in the estate. Any one or more of these may de- PREPARING PLANS FOR A CAMPAIGN. THE MANUFACTURERS’ COMMITTEE DISCUSSES METHODS - OF 'WORKING. FAVORS A PERMANENT BODY. | SUBSCRIPTIONS BEGIN TO PoOUR IN LiBerarLy UPON THE TREASURER. The committee on plan of campaign for the Manufacturers’ Association met yester- | day at the State Board of Trade rooms on Market street and discussed preliminary work. J. A. Filcher was elected chairman. | The other members present were Louis | Saroni, N. A. Judd and Henry L. Davis. | s Julian Sonntag, A. S. Hallidie and | P. F. Dundon could not attend only an in- formal discussion was held. The committee, however, decided to pre- pare a report on campaign methods, each member having an individual paper con- HENRY L. DAVIS, A PROMINENT PROMOTER OF THE CONVENTION. [Reproduced from a photograph.] mur to the contest, or failing to demur may make answer, jointly or separately, to our grounds of orposllitm. When they do file their answers the law provides that any issues of fact thus raised must, on request of either party in writing filed three days prior to the day set for hearing, be tried by a jury. We will file our conitest on Monday just as soon as the court settles on which copy it will accept. The court will then allow to everybody interested in the estate time to answer our con- test. That will neeessarily postpone indefi- nitely the hearing of the probate of the will until such time es the court shall set for the trial of the contest, which time cannot be set by the court until all of the answers to the contest have been filed. It is not known how the other parties in- terested will act in regard to the contest of Charles Fair. It is not likely that the Fair girls will fight the contest very hard as they are also restrained by the forfeit- ure clause. What benefits Charles will also benelit his sisters. There is considerable interest manifest by the public as to whether Charles Fair intends to endeavor to defeat any of the just and natural legacies which his father has provided for. It is stated on good author- ity that he will not attempt to take any- thing from the relatives or charitable be- quests as given by the will. The result may be a combination between all the legatees by which the contest will be favored and if Charles Fair wins all the legatees will receive exactly what they are given by the will. Charles Fair will be the gainer to the extent of ridding himself of the many restrictions placed upon him, HER LOVER SAID FAREWELL. A LETTER WHICH ROSIE HAYES RECEIVED BEFORE HER DEATH. It ProBaBLY LED HER TO TAKE THE PoisoN WHIcH ENDED HER LIFE. Another chapter was revealed yesterday in the case of Rosie Hayes, the girl who committed suicide in the house at 121 Ellis street on Friday night because her lover had deserted her. It came out in the shape of a letter (or scrawl perhaps would be better), which the girl’s lover, Mannie Pinner, had written her the day before she ended her life. It was written in lead pen- cil on a large sheet of manilla wrapping- pavper, and was found in her trunk by the Coroner. It read as follows: Rosie: The lnngnnge you used to me yester- day I would stand from no woman on the face of the earth. If I was a brute I would of retali- ated by beating the face off yom, as that is not my line of biz [ simply left you.” You wouldn’t ay $1 50 a week for aroom any longer * * * gou took all this advice from your sister Mol- lie. Now go to your sister Mollie and tell her that her bluffs didn’t work on me. Go to her when you are sick, and see if she will get you a doctor, pay for your medicines and board and lodge you like I did. * * * You allowed vyour sister Mollie to come between you and the man you professed to love. Now go to her and look for consolation. You killed all the love I had for you yesterdey when you flew at m‘y throat like & crazy woman. Yousaid there will be no tears shed this time. * * * Tleft Jou for good, and you shall never be bothered y me 8gain. Go to those that you allowed to come between us. Please don’t send ge any more notes. I haye no further use for you since the way you spoke to me yesterday. Farewell forever. lgg. The married sister of the dead girl took charge of the remains yesterday. Another sister, who resides in San Jose, also came to the city on learning of her sister's death. The maiden name of the dead woman was Rosella Donahue, and her married name was Foley. Her husband died about two months ago, and she had been livingat the house on Ellis street, where she died, about three weeks. ————— In Nebraska, where loads of relief food and clothing have been received for the destitute, you can tell a poor man by his being better dressed than many of the rich ones. & ——————— ‘WHERE there are children there Dr. Bull's Cough Syrup should be always handy, taining suggestions for the next meeting at 11 A. a. Tuesday. Then a report will be formulated and put into shape for presen- tation to the Manufacturers’ Convention. From the sentiments expressed at the informal session yesterday it is understood that some means of continuing the agita- tion will be advised. My idea,” said Filcher, “is that all our committee can do is to recommend the appointment by the convention of a com- mittee with authority to issue cirenlars and ask the press and the people to co- operate.” ““We will have to awaken the public to a sense of the importance of co-operation that some good may be accomplished,” Henry L. Davis added. Louis Saroni said his opinion was that a aper prepared by the committee should read at the convention showing the necessity and advisability of having a per- manent organization of manufacturers and producers. “The public’s sympathies should be with the producers,” sai ““We ought to appeal to the Legislature to remove restrictions wherever they exist on manufacturers. Certain Eastern States give bounties and assistance to new enter- prises, and California might follow their good example.” As chairman of the finance committee he sent out circulars at midnight Friday, and yesterday morning’s mail brought replies in the form of encouraging letters and $5 checks. This circular letter, which has an important bearing on the welfare of the movement, is as follows: At a meeting of the advisory committee of the Manufacturers’ Convention, held at the rooms of the Chamber of Commerce on Friday, March 8, the undersigned were elected a com- mittee on finance. Ata second meeting, held on Wednesday, March 13, it was resolved that for the purposés of the convention to be held in this city on March 19, and of later perma- nent organization of the manufacturers in the State of California, an assessment of be levied upon all firms or corporations interested. The finance commitiee have decided that a communication addressed to the various manufacturers requesting their co-operation, and respeetiully soliciting & remittance to the chairman of the committee of the sum of $5, as per the above resolution, would be the simplest and most inexpensive manner of gathering the necessary funds for thé purposes of the convention and later proceedings. In accordance therewith the committee re- ectfully ask your kind co-operation and so- licit your check for the sum of $5, made pay- able to John F. Merrill, treasurer, for which amount the finance committee will return their due acknowledgment. Respectiull yours, Louis Saroni, of Louis Saroni & Co., 501 ‘ront street: James Spiers, of Fulton Engineer- ing and Shipbuilding Works, 213 First street; Herman Kullman, of Kullman, Salz & Co., 106 Battery street. Subscriptions as follows were received: Chamber of Commerce, Board of Trade, Mechanics’ Institute, Manufacturers’ an Employers’ Association, $20 each; L. Saroni & Co., Armes & Dallam, Paul B. Perkins, Arctic Oil Works, Carlson, Cur- rier & Co., California Wire Works, Na- tional Brewing Company, Dundon San Francisco Imn%Vorka. M. G. Brandenstein & Co., Buckingham & Hecht, E. L. Heuter, O’Brien & Sons, L. & G. Brenner, Steiger & Kerr, A, Muhs, Joseph Wagner Manu- facturing Company, Castle Bros., G. M. Kutz & Co., Holbrook, Merrill & Stetson, Union Iron Works, N. Clark & Sons, Nor- ton Tanning Company, Kullman, Salz & Co., W. P. Fuller & Co., Payot, Upham & Co., Sierra Lumber Company, Baker & Hamilton, California Saw Works, D. Ghir- ardelli & Co., $5 each. A CHARGE OF ROBBERY, John Donovan Arrested for a Crime : Committed Last December. John Donovan, a ’'longshoreman, was arrested last night and locked up in the old City Hall police station to answer for a crime which it is alleged he committed last December. The charge against him is rob- bery, and the complainantis Frank Krucz, who keeps a saloon at the corner of Battery and Filbert streets. < Kruez says that at that time Donovan and severaf companions raised a disturb- ance in his place. They tinally drove the proprietor out and when he returned $40 in cash was missing from the drawer. Kruez says that Donovan got the money. e— CLEVELAND can scarcely be seen through his Almighty Dollar (Cigar) smoke, b NEW TO-DAY. Crossed off. INSIST upon gets ting the “MANTELL.” There are none “just as good” for the price. Natural Flavor and absolutely Uniform in quality. 3 sizesi 14 cts., 10 cts. and 123 cts. each. THE WERTHEIMER CO., 13+ 15 Battery St., are the Wholesale Agents. roseaT JANTEL], ciears RICHMOND LOTS. LIBERAL TERMS. FOR SAT.E eyt 626 ™MARKEET ST. SITUATED ON (alifornia and Lake Streets and Eleventh and Twelfth Avenues, Streets sewered and macadamized, Lots ready for building. CALIFORNIA-STREET CARS PASS: Sutro’s Electric Road within one block.. TERMS: $200 cash, balance in Five Annual Pay~ ments. Securea home lot at bottom paloey. THEY TALK ABOUT GRAY HAIR! Here Is a Restorer Which Is Sold for $2.50 PER BOTTLE. Use one bottle, and if yon don’t like it X will refund your money. MIE. MARCHAND—Dear Madame: At your request | have carefully analyzed your Antoinette Gray Hair Restorer. Inmy judg- ment it is an efiective preparationand will not injure the hair or the general health. I can cheerfully recommend it to your patrons. Re. spectiully submitted, W. T. WENTZELL, Chemist. THIS WONDERFUL PREPARATION, For Restoring Any Color of Gray Hair to Its Original Color, Acts on the secretions and furnishes the natural coloring to the hair, and is NOT A DYE. It leaves the scalp WHITE and in a healthy condition, ; THE ANTONETTE PREPARATIONS Have received the indorsement of the leading chemists and physicians, Trial samples of my Complexion Specialties for 50 cents. HME. MARCHAND, Hair and Complexion Specialist, 121 POST STREET, ROOMS 32-36, Taber's Entrance. Télephone 1349, GRANITE MONUMENTS menia=tt Jones Bros. & Co. and Imported by Cor. Second and Brannan Sts., 8. F. A%~ Superior to ALL OTHEES and the latest de- signs. Strictly Wholesale. Can be purchased through any Retail Dealer. pasasaas {QUINA-LAROCHE} FRENCH NATIONAL PRIZE of 16,600 Francs | ~e— THE GREAT French Tonic Your druggist must have it—if not, send name and address to E. FOUGERA & CO. 26-28 N. William St. New York. A A B A A NEW WESTERN HOTEL. KEARN Y AND WASHINGTON STS.—RE- ‘modeled and renovated. KING, WARD & (0, European plan. Rooms 50c to $1 50 day, 10 88 per week, $8 (0 330 per months fre Datns Dot and cold water every room; fire grates in every Toom; elevator runs all night. gy e