The San Francisco Call. Newspaper, May 7, 1895, Page 4

B S L T I I I - THE 1895. THE BLUE LABEL LEAGUE. Cigar-Makers Formally Adopt a Name for Their New Organization. MUCH IN A SHORT RESOLUTION. The Executive Committee WIil Transact Buslness Once In Every Three Months. The union cigar-makers of California, who met in convention in this city last Saturday, resumed their labors yesterday morning with renewed energy and a deter- mination to accomplish something for the benefit of their craft and all other branches of organized labor as well. The delegates were in their seats at 8:30 A. m. and continued their labors in the convention rooms throughout theday with [to compile all of the proceedings in their | order as quickly as possible the conven- tion adjourned, to meet in Sacramento on ; the first Monday in May, 1896. ' PUSHING THE MOVEMENT. Stirring Spceches in Metropolitan Tem- i ple in Favor of White-Labor Cigars. The mass-meeting which had been called under the auspices of the Cigar- makers’ International Union 228 was at- tended by several hundred peoplein Metro- politan Temple last night. Most of those present were smokeraof cigars who seemed to realize that they were important factors in the purpose for which the meeting had been called. They were all smoking. The purpose of the meeting was to further the interests of California union labor in the cigar-making industry. The meeting was called to order by George W. Van Guelpen, secretary of Cigar-makers’ Union 228. The presidents of the various unions in the city were in- vited to take seats on the platform and act as vice-presidents. : : | Mr. Van Guelpen said that the cigar- | making industry had been almost driven | out of the State because of the encroach- THOMAS F. BURNS, PRESIDENT OF THE CALIFORNIA STATE BLUE LABEL LEAGUE. [Reproduced fron n @ photograph.] only a slight intermission. Immediately vention was called to order e on resol label and was instr set to work. and There was ¢ the best and ing the ends ¢ ity prevailed urgent ne 1siderable discussion as to st practical ways for reach- red, but perfect unanim- 1 one point—that of an for ces kers and the need peration and support s of organized labor and nittee on permanent or- its second report the nupon a name for the ch is perpetuated in the ¢ committee, The name adopted a State Biue Label organi execut was League."” bject of the organization, with reference to the protective label fea- ture, is to take the present label out of the hands of the local union and plaee it under the control of the league’s executive com- mittee. The label is intended to show the people of the State aready and compre- hensive distinction between Eastern-made cigars and the California product. There will be active agitation in the immediate future in favor of home-made cigars, and the boycott will be applied as far as possi- ble against the products of non-union labor. The agitation will also act against the | cigars made by union factories in the East, notwithstanding the fact that all such goods are stamped with the label of the Cirgar-makers’ International Union. But there will-be no boycott against Eastern- made cigars bearing the union stamp. The duties of the executive committee, which consists of the president, vice-presi- dent, secretary, treasurer and sergeant-at- arms of the league, in addition to other matters, will be to_promote the manufac- ture and sale of California-made cigars and other tobaccos with all the influence that they can bring to bear upon organized la- bor, business men and the community gen- erally. In pursuance of this idea the convention adopted the following resolution: WHEREAs, The seal adopted by this league is the single guarantee against Chinese and the Eastern tenement - house, disease - infected cigars, and as the union-made article js sus perior in_every respect and.does not cost any more, as the smoker pays the same price for his clgars in either case; moreover, every cigar consumed and manufactured by members of our organization heips to give employment to men who are citizens of this State, whose families reside here and who spend their earn- jngs here and thereby help to advance the interests of the whole people; therefore be it Resolved, That we respectfully call upon all consumerd of cigars to see that our blue label and seal are upon the box when they purchase cigars, and to accept none other. The afternoon session was largely oc- cupied in amending the various clauses of the constitution of the league, and dis- cussing the duties of the officers who con- stitute the executive board, and the mat- ter of finances in the work of carrying out the wishes of the convention. unions in this State will be taxed an amount sufficient to defray the actual working ex- penses of the league. The executive board was given large powers, and has authority to not only execute the wishes of the con- vention, but even to legislate on minor matters connected with the work of the lufue if it is found necessary. The board will meet once every three months throughout the year. The first reguiar meeting will be held in San José on the first Monday in June. After much discussion and the presenta« tion of many amendments the conven- tion formally adopted a constitution by a unanimous vote. The principal features of the document aré those already men- tioned. S It was decided to have the proceedings of the convention, tcg:;her with the con- stitution, printed and bound in phlet form for distribution among all the mem- bers of the unions in this State and also to be sent to other international unions. Asthe referendum is one of the consti- tutional features of the International Cigar-makers’ Union all the proceedings of this convention will be submitted to the various unions in California for ratifica- tion. This will be a mere matter of form, as there is nothing in the proceedings to which any union cau raise a reasonable objection. the secretary bad been instructed d in its duties | better protection | | ments by Chinese and the sweatshops and tenement factories of the East. This, he said, was largely due to the indifference of the general public and cigar-smokers, who purchase cigars without inquiring | where they were made or by whom they were made. He introduced W. McArthur, who began by reading Byron’s apostrophe to a cigar. Mr. McArthur said: All smokers of cigars know the pleasure that is to be derived from the smoking of a good cigar, and if they will only pause to think they will find that there is still greater pleasure in & cigar by the knowledge that it is made by & white man—a brother. There is no political feature in the trades- union movement. It is simply a matter of economic protection, an enlargement of the family relations, as it were. You will find in trades unions men of all political parties and all religious creeds, but they are a unit when it comes 1o & matter that concerns any particular craft or trade. I consider that the cigar- makers are in the front rank of trades-union- ism. I believe that when the people on the Pacific Cosst fully understand this question they will call for a white-labor cigar when they want a cigar. The cause of the cigar-makers is & just and noble one. T. F. Burns, president of the California State Blue Label League, was the next speaker. He began by reviewing the cigar | business in California, its product and con- sumption, as already published in the Carn. In the course of his speech Mr. Burns said: e other cigar-maker and I visited the locality where most of the cigars sold are consumed by business men, also & locality | (u(mnlxed almost exclusively by workingmen. | We found that among the business men a Cali- fornia-made cigar is practicall | the other hand, where the tr boycotted. On e is mostly with workingmen, the California white labor cigars were found to be in the majority. This is something strong which we can throw in the teeth of the men who ery loudest for home p-uounfig of home products. What we ask of the public is to help the white cigar-makers without incurring any additional expense whatever, but rather to secure a cleaner and Dbetter article for the same money. It isa well- | known fact that the trashiest cigars of the East—cligars that cannot find a market there— | are >h1p&)€4 to the Pacific Coast. | I could give you the names of five or six cigar | manufacturers in San Francisco who employ three or four white men asa blind and thereb; pretend to run white labor factories. With | these three or_four white men to each factory, | each (ncw? disposes of the product of at leas! 150 men. The extra 146 are Chinamen. These manufacturers impose on the public by claim- ing the preference due white labor. “But as they are nothing more or less than sweatshops they cannot get the union label, and the absence of this is & sure sign that the oigar is either of Chinese or tenement-house make. If the public will assist us we will do away with this system within six months. | . At this moment M. McGlynn entered the hall and was introduced. He wanted to know if any of the speakers who had pre- ceded him while he was absent had con- demned C. P. Huntington and the South- ern Pacific Company because of the decline of the cigar industry of 8an Francisco. If not he wanted to skip it, too. He said: I doubt if this mass-meeting will sale of 100,000 more White-18bor cigars tn é}; Francisco during the next week. All the mass- meetings that might be held between this and doom’s day will not solye this problem. Trades- union men cannot do it all, for there are onl; about 20,000 of them in this City. But if I.l’l the white smokers of cigars would call for Pacific Coast label cigars the question would ver{ soon be settled. A few thousand dollars judiciously expended in sdvertising by the union employers would work wonders. Adver- tising paid for by Eastern money is what sells scln:'fi ars in sl‘:lh.mmt b we could import for a short time abou twenty hustling elgsl:)bosse- from the Elb:t—f :xn;:twtll‘\o k‘niow thanil nacceulu{ cigars are made ree ingredients, namely, tobacco - ion sense and printer’s ink. e John Gelder of Oakland amused himself and the audience by abusing the manu- facturers of San Francisco and the Half- mili){on gub. “Mr. Representative of the Half-million Club,” he said, “before you bri?lg our hundreds of thousands more €0, you had better tind employmegt for :\:: unemployed. Quit smoking the cigars made in the New .York sweat-shops and tenements and in the Chinese dens of this City and buy the cigars made by white union labor instead. "By so doing you will be of some use to the community in which . K. Rogers requested eve e to rise nn:‘}oln in singing “Americsrx while the band played, and the meeting adjourned. — an sdmoor sends the new brand of bak- g er simply because it co mug%fllgn and l?:yu.n make mar:t;:g:g uelh:fi:t than he can on the Royal. The Rox made from the very finest materials ‘and costs much more than any other brand, which accounts for its superi although it ‘is sold to same price. consumers at the HONESTY WITH FREEDOM, The Pioneers Quickly Kicked Out the Australian Ballot System. NEW BL0OOD NOW WELCOMED. The Soclety Again Opens the Way for the Admission of Younger Members. . The Pioneers will have none of the Aus- tralian ballot system in theirs. The directors and a few students of polit- ical science last evening invited the society to walk to the ballot-box at the coming election on July 7 in the straight and nar- | row way that style of voting lays out, but the members scorned it as some Pioneers once scorned boiled shirts, and declared | for freedom. The temper of the meeting was for war, and war was averted only by an avoidance of debate. The annual elections of the society have always been red-hot affairs, in which from two to four tickets are in the field and a tremendous amount of campaigning is done. OId age never cools the blood of a Pioneer, and the aggressive ardor with which the attack all the affairs of the society is intensified by the very idea of an annual election. The election methods have always been the ones common to such societies. There is alwaysa nominating committee which publishes a regular ticket, and opposition tickets are just as certain of appearance as the regular one. Then there is the glass box with a hole in the top, into which each member voting drops a ballot. In the past the intensity of partisanship has led members now and then to make unfounded charges of acci- | dents and mistakes, such as tickets with | typographical errors in them, etc. | A few members got into their heads the idea that the annual elections might be conducted with greater precision and with more of calm dignity if some such blessing as the Australian ballot system, which makes it hard for one to vote wrong if he knows how to vote right, were added to the good things of the society. The direc- tors thought so, too, for at their meeting on May 2 they unanimously adopted an amendment to the by-laws, to be submitted to the society, providing for elections by the new method, which guarantees purity. As proposed the law provided that any fifty members could place a ticket on the official ballot along with the regular ticket. Each Pioneer could have one ballot when the hour of election came, and if he spoiled it he might trade it to the secretary for another. This proposition soom traveled about nmon? the members and they flocked there last night ready for battle. Such a scheme was an_insult to theé society and scores were indignant at the idea of im- porting a plan to keep Pioneers honest. A fierce flood of oratory was ready, but the floodgates were not opened. One vote buried the scheme deep and for good. As soon as the amendment was read | when it came up, one member guickly shouted, “I move 1t be not adopted.” The adoption was regularly moved and at once William G. Lee rose and with great determination and reserve power id his de- the juniors were admitted in large num- bers and made a strong plea for the pro- tection of the oid men. W. B. Farwell took the opposite side. He said that four years ago (?olonel von Schmidt had succeeded in baving his | proposition to have members comin; into the socief ay $110 adopted, and 51“ it had exc]ufi’edprgany old mgmb'ers who had been suspended and who by returning to the society at this time would secure for their sons the right to membership. . He presented the following figures, Snow- ing the receipts from new members who joined the society during the four years preceding the adoption of the amendment | to section 1, November 20, 1886, to Novem- ber 20, 1890, and _the four adoption, from November vember 20, 1894 : ESTIMATAD RECEIPTS FROM 1886 TO 1880. For admission fees 3. 3000 For iite memberahips 37—, embers. For dues 277 members. ears after its .‘{U, 1890, to No- Total..,........ RS vahaidps i ins RECELPTS FROM 1890 To 1894. For admission fees 27 new members. For life membership 27 new members Total.... Showing a decrease of receipts from 1890 to 1894 of ?‘4530 from new me;‘:’hersbip as com- pared with the receipts from the same source 1rom 1886 to 1890. MEMBERSHIP. From November 20,1886, to November 20, 1890, a period of four years preceding the adoption of the amendment to section 1 of the by-laws, 814 new members joined the socifl.s. om Noyember 20, 1890, to November 20, 1894, a period of four years after the adoption of the amendment, but 27 new members joined. During this time 221 members died and 56 were stricken from the rolls. REVIEW. From November 20,1890, to November 26, 1894, four years: Members deceased.. Dropped from the roll, Total....... CEET TR PP PPPN Prrer Deduct for members admitted. .., Net loss of membership for four y 50 “I have been a member of this societ; for forty-two years and paid $100 when came into it,’* said Mr. Farwell, “and there are others who are not now members who paid §$100 to come into this society. Now you refuse to allow those old members who have eligible sons to come back. You have no right to refuse them this privi- lege. It isan outrage.” r. von Schmidt said that the $7500 mentioned in Mr. Farwell’s statement was trifling compared to the Lick gift, and that if 1000 additional members were ad- mitted the financial increase would be small, and that there was not any too much moneg in the treasury just now to carry the old members to the grave. Mr. Henriksen said that for the benefit of the society he thought that new life should be injected into it and therefore the young men should be asked to come in. ““These old members are dying off at the rate of from three to eight and ten a month,” he said, “‘and our aim is to per- petuate the good work they have begun.” Mr. King warmly defended the juniors. He said they were not at all selfish, which could not be said of the other side. In numbers there was safety, and he felt that by bringing the young men into the so- clety, through their fathers becomin members, the finances would be increases and old members would be better taken care of in the declining years of age. I have never said an unkind or illiberal word against the pioneers, young or old, on the floor of this house,” said Captain Swasey, “but I feel that it is wrong to ex- clude the sons of pioneers from this society and thus force them to join other societies, which have no connection or kinship with the pioneers, but which celebrate the days made famous in the history of California by the heroism of these grand old men.” A vote was then taken and the amend- m'ci‘nt was adopted. 'he they oiten are so even at their monthly meetings. They appeared especially so last night when the whole room full sat | still just before there was a blinding flash of magnesium light and a click. The assemblage was photographed by flash light to make one of the pictures for the L JUDGE THOMPSON JOINS IN A PARLIAMENTARY SKIRMISH, [Sketched by a “Call” artist.] liberate tones said, *“I move it be laid on the table.” This got up a parliamentary skirmish in which President Christian Reis got tangled and during which one member tried to set people rig§¢ by announcing that the Pion- eer society had parliament laws of its own, at which unconscious hit everybody hng'hed. Judge Thompson rose to quiet things with a olub, and said: “It seems to me that we can settle this matter if we keegonuenses," and he shook his finger at the man who was loudly insisting on his motion. When the skirmish had be- come & chorus of “What’s the question?’’ “Question!” and “I call the ayes and noes,” W, B. Farwell got in & proposition to put the amendment to a vote without discussion. As it was a foregone conclu- sion that the amendment would not carry by the necessary two-thirds vote this was eed to by everlybody who was aching :mienonnco or defend it and the roll was There were 17 ayes and 112 noes, and there was a jubilee of feet when the propo- sition was chased out of camp. There was a hot debate over the adop- tion of the amendment of section 1 of the constitution, fixing the fee of life mem- bers at $100 and $10 for contributing members. Colonel von Schmidt protested against the adoption of the amendment on the round that it would throw the doors of e society open to too many young per- sons, and the old men who had stood b the 'u'aoc!ety in the past would be ducnmmy- ated against. F “When I came_into this society thirty- five years ago,” he_ said, ‘I paid $75, and the society has had the use of my money ever since, and now that we are about to Teceive $212,000 I think it wrong that any ;:ruon should be admitted to membership r such a small sum." “The colonel’s argument was to show that the old members would soon lose their power and control of the organization if forthcoming memorial and biography of James Lick, which this society and the Academy of Sciences have begun to Pprepare. WANTED IN OAKLAND. Two Youthful Burglars Arres Market Street. J. F. Kelly and Emanuel J. Stone were arrested last night on Market street, near Powell, by Constable D, Cronin of Alameda County and Policeman Sills, and taken to the City Prison, where they were booked en ronte to Oakland for burglary. Neither of them is over 18 years of age. Stone was employed in a store in Oakland, but was discharged. A few nights after ward he and Kelly broke into the store and stole about §60 worth of goods. When searched at the prison a pocket- bg"ki ’eol;g’mmg about 8 dozen ,dbm.lé checks for §50 each, purporting to be sign and indorsed b{ sbltlxx:%(f’ the leading busi- ness men in this city, was foun A:J”" is mpgosedy they inten to f(ul these checks upon storekeepers. accused Stone of putting the checks in his pocket. Stone retorted that Kelly was wearing his coat and he had found the checks on ‘the street. They were put in zeog::l:%:reylls S0 tgi.it theg eo;ldkno Tcl?n. regarding the checks. e, will be taken t6 Otkla‘nd this morning. 3 ————— Husband Missing. The wife of Carl Johnson, a laborer, living at 884 Third street, reported his disappearance at police hewflmlmrs yesterday. She last saw him two weeks ago last Thursday, when he left her saying he was goin C1iff House to for work, Rl T InghR it Tss ctagt;and ehont —————— “THE Royal Baking Powder is a cream of tartar powder of a high degree of merit, and does nat contain either alum or phos- phates, or any *"1.‘."“’3’ ;:hunp%es e o VE, ., Late U. 8. Government Chemist. d on | be unsuccessful. Fioneers can be very amiable, and | L THE EXECUTORS WIN. First Blood Against the Fair Children in the Prelim- inary Skirmish. MUST CONTEST OR “PASS.” Judge Slack Decldes That the First Will Has the Floor at Present. The great contr8versy over the estate of the late James G. Fair took a big stride yesterday in the direction of clearing the ground for action. For some time the main question has been which of the two wills—the “stolen” or “pencil” will— should be first considered for probate. All along the proponents of the second or “pencil” will have withheld from filing a regular contest to the original or stolen will. Judge Slack yesterday handed down an opinion that may force them to take action on those lines. The proponents of the second will, which is dated September 24, 1894, are Charles L. Fair, Mrs. Herman OQelrichs and Miss Vir- ginia Fair, and the decision is adverse to their motion for the precedence of that will. On the other hand, the winning side in this preliminary skirmish is composed of the special administrators of the estate, who are proponents of the original or stolen w1l dated September 21, 1894, It is doubtful whether the victory will be any- thing more than a tempomr?' advantage, hoywever, as the attorneys for the Fair children will now have small reason for not filing a regular contest. Judge Black also sustained the demurrer to the opposition filed by Margaret J. Crothers and others to the probate of the second will on the ground of ambiguity. The opponent must plead in the form of a complaint. The same objection applied to the opposition filed by the infant heirs, . There was the usual crowd of legal talent in Judge Troutt’s courtroom where the matter came up before Judge Slack yester- day. All the parties in interest were repre- sented with the exception of the infant heirs, and that was accounted for when the case was called, and Reuben H. Lloyd, attorney for Mrs. Herman Oelrichs and Miss Virginia Fair, rose and asked for a continuance until 2 ». M., as Judge Van R. Paterson was engaged in another action in another department. After some dis- cussion the matter was postponed to Wednesday next. Then the courtroom was stilled as the court read its opinion on the main question as to the precedence of the wills. His Honor said substantially: A motion has been made by certain of the proponents of the will of September 24 that the &fltlon for the probate of the will ei Sep- tember 21 go off the calendar until such time a8 the contested agpuuofiom to probate the will of September 24 shall have been heard and determined. Itis argued, in effect, that the court, in the exercise of a sound discretion, should grant the motion because the applica- tion to admit the later will to probate should Dbe heard first in order, and because the moving parties should not be forced to file an opposi- tion to the earlier will and thus to incur & risk of forfeiture under its provisions should the application to admit the later will to probate No written ground of oppo- sition to the probate of the earlier will have been filed, and the Eroponenls of that will in- sist that the courtshould thercfore proceed to {)xeu the application to admit the will to pro- ate. Itis true, in a measure, that the petition for the probate of the earlier will is opposed by the petitions to admit the later will to probate, et filing of such latter geuuenl 1is not the ling of “written grounds o oprasition to the robate” of the earlier will within the mean- ng of section 1812 of the Code of. Civil Pro- cedure. The earlier will is resisted argument- atively only b{ the -&pucmom for probate of the later will; and the proponents of the ear- lier will are entitled, according to the elemen- tary rules of pleading, to have & direct opposi- tion to their petition filed in order that they may meet such opposition, and that issues cer- tain in their character as to the validity of the will which me{ ngound may result. Be- sides, the code distinetly requires of & contest- ant of a will that he file “written grounds of opposition to the probate thereof,” and there can be no contest of a will unless this is done. “The probate of a will,” says the Su{;reme Court in estate of Sanborn, 96 Cal, 108, ‘“can contested onl; upon ‘written grounds of opposition’ fileg by a ‘person interested.’” And again, the Supreme Court, in Estate of Kobinson, 9 Cal. Dec. 147, says: ‘‘Before there can be a ‘contest’ to the probate of a will the contestant is required by section 1312, C. C. P., to file ‘writ- ten grounds of ogpoamon’ to its probate, and the petitioner and others interested in the will may answer these grounds of opposition; and it is the ‘issues of fact thus raised’ which this section authorizes to be tried by a jury. The ‘contest’ does not arise unless the written rounds of opposition present such issues of act for determination. There can be no ‘con- test’ unless the written grounds of opposition are of such a nature as to form a legal objec- tion to granting the probate of the will, and unless also the econtestant presents these grounds for the consideration of the court.” The earlier will being thus uncontested, should the court proceed to admit it to probate? Section 1306 of the Code of Civil Procedure rovides: “At the time lpr)lnwd for the hear- ng, or the time to which the hearing may have been postponed, the court, unless the parties Appear, must require proof that the notice has Dbeen g{ven, which being made, the court must hear testimony in proof of the will.” It is con- templated, by this section, that the court may postpone the hearing; and independently of any express authority to postpone, the court must undoubtedly have such power, as inei- dental to the proper exercise of its jurisdic- tion. The causes for which the hearing may be postponed should be good causes; but what are good canses must rest largely in the discre- tion of the court, and unless that discretion is abused, no lefnl wmrsmm can be made, Ifa postponement be ordered it should be to a time certain and not indefinitely; for it might well be urged that I:Ay an indefinite postpone- ment the court would lose jurisdiction, neces- sitating new "’{; t some future time. The court should obviously be slow in any case, and especially in the present case, grant an indefinite postponement, when such consequences are not unlikely to ensue. 1tis to be observed that the motion before the court is mot for an indefinite postpone- ment; it is that the petition go off the calen- dar; but treating the motion, as made, as in substance a motion for an indefinite postpone- ment, it should not be granted for the reason suggested and for the further reason that the titioners are not ies to the contest of the ater will, and it would be not a proper exer- cise of discretion but an abuse of discretion to compel them to await the final determination of that contest, over which they have no con- trol, and which, ,gerlurl may last for years. The possible ‘risk of forfeiture incarred by the moving parties, should they contest the earlier will, does not furnisha satisfactory reason whfl the court should exercise a dis- cretion in their favor in granting the motion, even if its discretion could be otherwise exer- cised without'abuse. The court would not be* Lusdned in granting the motion on the possi- ility that the probate of the later will, which the moving parties propound, may fail. There are but two courses apparent tothe court open to_the morlng %ml’&; either o contest the earlier will, which may, undoubt- edly, be done upon the ground tha{ it was re- yoked by the later will (C. C.P., 1312 (4),; Burns vs. Travis, 117, ind. 44), or to permit the earlier will to be admitted to probate, which admission would be ne ly set aside should the later will succeed (Campbell vs. Logan, 2 Bradf. 90; matter of Hamilton, 2 n. 268). The motion must be denied. There was a moment of silence as Jud, Slack folded his opinion, and then Atto‘:ne“ ‘Wheeler for the proponents of the seco: or pencil will asked and obtained a stay in which to file a bill of exceptions. ‘ho matter of probating the first or stolen will will, therefore, not come up a for hear- ing until to-morrow. A con will then not willing to risk being subj; ?:d‘htzy:h“ ject forteltnn%hme in tho‘fluz will wh.nb; any devisee instituting a contest is sum« hmnu] y declared to have forfeited his or er legacy. The ati s for the later “will, R. K, Lloyd and K!ught & Heggerty, are any- thing but pleased with '{Eu evision of Judge 8lack in declining to admit to bate the will of Se ber 24 instead of the document dated three days earlier, Sep- tember 21, “It is the most astonishing decision I ever heard,” said George A.Knight last evening. “‘Suppose that there had been half a dozen wills made on different dates, would Judge Slack begin with the first and admit it to probate and make those interested in the later wills contest one at a time until the last one was reached? Will we contest the probation of the will of September 21 before that of the 24th? You bet we will; that is, provided Judge Slack will permit us under the statutes to bring contest proceedings,” he added, sar- castically. ; “Upon what lines will these proceedings be brought?”’ was asked. “On all lines. We will fight them all along the line from start to finish and will win our case yet,” said Knight, hotly. “We will begin our fight to-morrow in earnest and we will give theothersall they want before we are through with them. There is only one way for them to shut us off, and thatis to throw us out of court. The whole matter is a very simple proposition. If the will of the 24th is proved to be spurious, then it is the time to take up the first. As it stands we are not even permitted to show by good evi- dence that the latter will is the very last that Senator Fair executed. But we will put in our contest to.day and we will show that the later will is the one that should be probated first, if we are permitted.” AN GILFEATHER'S CASE Was Her Weakness of Mind Taken Advantage of by Design? J. J. Rauer Tells How the Aged Lady Brandished a Handy Hatchet. There is an interesting case on tnal in Judge Hunt’s court before a. jury involv- ing the sanity of a person now dead. T}}e suit is Dennis F, Gilfeather, Edward Gil- feather and James Gilfeather against Ellen Gowley, administratrix of the estate of Bridget O'Hara, James W. Lawrence, J. J. Rauer, Jobn Doe and others. It isan action based on two grounds, viz.: tort and breach of contract. In the complaint it is urged in the first place that the property in controversy was conveyed by one Ann Gilfeather when she was insane; in the second place it is claimed that the transaction was not an absolute transfer of the land but merely a mortgage. These being found contra- dictory it was the first ground that was taken by the plaintiif. It was alleged that on August 10, 1888, Ann Gilfeather was owner infee of the property in point on Bernard and Jones streets, being a portion of lot No. 863, and that she was on that date insane and with- out any lucid interval until ber death on September 9, 1891. On August 6, 1888, a iuggment against Ann Gilfeather was ob- tained in the Justice’s Court for $136 50, she not ap) earin%nor being represented by a guardian. pon an execution the roperty was sold at public auction for ?150 85 to one J. V. Lawrence on December 19, 1888. On the 3d of July, 1889, Lawrence uitclaimed the property to one J. J. iauer for §1, and Rauer guitclaimed it on July 9, 1889, to Bridget O’Hara for $238 50. The plaintiifs believed the firoperty to be worth $3000. They say that Ann Gil- feather was committed to Agnews on Sep- tember 9, 1892, and that her children are the plaintiffs. The value of the premises is stated at $25 per month. As a second cause of action it was urged that it was expressly understood between Bridget O‘fim, ‘Ann Gilfeather and J. J. Rauer that Bridget O'Hara should take the said conveyance solely as security for the $238 50 and by way of mortgage. 5 On the other band, Ellen Gowley denied that on August 10,1888, Ann Gilfeather was insane, put avers that she was compe- tent to transact business. Further, she denies that she_was regularly committed to Agnews on May 18, 1891, but declares that she was committed upon false state- ments made to the Commissioners of In- sanity by James Gilfeather, one of the plaintiffs, and “that such statements were made by the said James Gilfeather with the intent and purpose of getting the said Ann Gilfeather out of the way so that the said James Gilfeather could obtain anun fair advantage over the said Ann Gil- feather, and thereby possess himself of her property.” Itis denied that the convey- ance of the property was a mortgage. After a jury had been secured the lain- tiffs c:lle(g J. J. Rauer, who testifie t‘l":'at. in his opinion the old lady had been ‘'ir- rational’”’ in August, 1888. " He had called upon her to serve a paper and she had run him out of the house. She had produced an ax and told him that beforelany one should have the house she would “‘mash it down,” whereupon she had commenced to chop at the walls of the passage. 3 Ranuer explained his having given a quit- claim deed of the ‘f)ropert to Bridget O’Hara on the ground that he did it out of sheer goodness of heart on the under- standing that she was to give it back to her sister, Mrs. Gilfeatber. His interest in the case now was a desire to help young Dennis Gilfeather, who was ill. 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