The San Francisco Call. Newspaper, July 14, 1895, Page 12

12 THE SAN FRANCISCO CALL, SUNDAY, JULY 14, 1895 SPUR TRACKS SPOIL A FAMOUS DRIVEWAY. Only the Park Commis- sioners May Remove the Rails. A PUBLIC OBSTRUCTION. The City Authorities Have No Control Over the Great Highway. WILL THE ROAD BE REMOVED? Is No Valld Excuse for It Remaining There Any Longer. There Now that the true inwardness of the‘ Midwinter Fair spur track has been ex-| posed by THE CALL a fair question is, How | Jong will the Southern Pacific tracks re- main without a license or franchise on the ocean boulevard ? the Park Commissioners can an- | at question, for it transpires that | the whole road, excepting that part of it | which traverses the Spring Valley Com- pany under the control of the | Park Commissioners, and the municipal | authoriti e reported to have mo say | in the matter at all. Of course, it is a peculiar state of affairs | that the people of San Francisco, through | their municipal servants, should have no | power in such a matter. The Southern Pacific Railroad has planted its rails al- most in the very center of a partly macad- | amized boulevard that is calculated to be | one of the most famous driveways in the | world, and unless the Southern Pacific | tracks are speedily removed this driveway will come to be the most inconvenient in | the world. However, this is the law of the case. The ocean boulevard, though en- tirely within the City limits, is not under control of or amenable to the City authori- | ties. The Park Commission: have ex- clusive jurisdiction over the driveway. It will not be so when the new charter has been adopted, people are saying, but is so now, and that it is so denies Mayor Sutro | of the eminent satisfaction it would give | him to order the Police Deparfment to tear up those railroad tracks on the ocean | boulevard. It remains to be seen now whether th Park Comn ioners will continue the ob- struction. Already a year has elapsed since the expiration of tke special privi- | lege under w h the Southern Pacific was | permitted to lay those tracks for a specified J time and ecified purpose. Will the | Park Commissioners have the tracks re- moved ? | A good many people have been wonder- ing why the ocean boulevard was not com- pleted long ago. About one-half of the matchless driveway has been macadamized and only needs the proper amount of roll- ing. Everybody who visits that section of | the park expresses regret that the ocean | boulevard, the perfecting of which was | commenced with a great zest two years, ago, should be in the deplorable condition l in which they now see it. Already heavy vehicles running on the unrolled macadam have cut big ruts along the roadway, which practically negatives { all the costly work already done on that portion of the driveway. And then the Southern Pacific tracks have further ruined the boulevard until now, except for a mile or so and with a horse so tame that it can be driven side by side with a screeching Southern Pacific locomotive, the ocean boulevard is utterly worthless for anything short of a heavy drafting vehicle or a | dump cart. ! This Midwinter Fair spur track might have been laid on Forty-seventh or Forty- eightn avenue. It might have been laid over any of the numbered avenues from Forty-eighth to Tenth. And if it had been so laid it would have served every purpose for which it was laid, to carry freight into the Midwinter Fair grounds; and for which it is now used, to carry loam.and street-sweepings inte the park. And no one would have objected to the tracks remaining there for years to come, for these are outside lands—destined to be reclaimed and valuable some day, of course, but only a desert waste of sand dunes and scrub vegetation now and for some years to come. Bat, no, the Southern Pacific wanted to grab a public highway—the most famous and most picturesque one 1n the whole City, the ocean boulevard. The scene to be witnessed from the ocean boulevard is unrivaled. Probably there is notanother driveway to compare with this in America in its natural endowments. About two years ago the road was graded and partly macadamized, and long columns were printed about it in the newspapers—about the magnificent new driveway just being opened up by the Park Commissioners. * It was a most commendable piece of work on their part. When the ocean boulevard should be completed to its con- nection with the County road to Ingleside San Francisco could boast a driveway of | even some miles in length that would rank high among the greatest boulevards of the world. But then, suddenly, the work on this grand enterprise was aropped. Planswere considered for a $30,000 park lodge to con- tain living-rooms for Superintendent Me- Laren and meeting-rooms for the three Park Commissioners. That $30,000 would have gone a long, long way toward com- pleting that ocean boulevard, seeing that the grading had already been completed | and the macadam partly laid. Other park improvements, some of lesser importance than that of the proposed boulevard and all of them of greater importance to the | public than the proposed stone lodge, were inaugurated and carried to a successful issue, while the ocean boulevard lan- guished, lapsed back into itsold state of sandiness and became cut up with ruts, It was then that people wondered how the Park Commissioners could possibly neglect so important a work. Then came the answer in the shape of a franchise, for one year, granted by the Board of Supervisors, but conditioned upon the | consent and approval of the Park Com- missioners, permitting the Southern Pa- cific Company to lay its tracks: * * * From a point at or near Lakeville, in this City and County, and connecting the same with the spur track of said company now at that point, to a point on the line of the Park and Ocean Company’s track between Tenth and Thirteenth avenues, to be designated by the Board of Park Commissioners of Golden Gate Park, and thence into the park, subject to the rules, regulations and requirements of the said Board of Park Commissjoners, and to that end said Southern Pacific Railroad Company, its successors and essigns, Is hereby permitted to use such parts and parcels of the streets in- tersecting the Outside Land blocks of the City | Pacific. and County of San Francisco as may afford to said company the most convenient line for the location of such proposed track, and is hereby accorded the privilege of using for the period herein mentioned THE GREAT HIGHWAY, if the same should prove convenient and suitable for such purpose, for such distance as it may De necessary to traverse the same between said Lakeville and the present track of the Park and Ocean Railroad Company. This privilege is granted upon the express condition that so far as said railroad route may lie upon prem- ises within the jurisdiction of said Board of Park Commissioners it shall not be used or oc- cupied until said company, its successors or assigns, shall be thereunto authorized and em- powered by order of the Board of Park Com- missioners. Of course, the great highway proved ac- ceptable, convenient, suitable and every- thing else agreeable to the Southern Was it not already graded? Was not already partly macadamized? it | Would it not be cheap and convenient to use this great highway, this ocean boule- vard? Indeed it would, and it was soused. It was urged upon H. E. Huntington and C. F. Crocker at the time that it was a pity for them to spoil the ocean boulevard by laying steam rails or any track upon it. Mr. Huntington and Mr. Crocker merely shrugged their shoulders and pointed to the wording of the resolution granted by the Supervisors, as who shouid say, “Why, your own sworn servants have given us | this ocean boulevard for the mere asking.” t's only for a y said the Super- visors, in their own justification. But the vear has lengthened out into two years, and still the tracks are there. Mr. Austin and Mr. Rosenfeld, both Park Commissioners, have said that if the public, throngh THE CarL, demanded it, the spur tracks would be removed. The matter of the ‘*‘three spur tracks” ought to be explained to the lay- man, perhaps. In September, 1893, in pursuance of the resolution passed by the Supervisors and the consent of the Park Commissioners, the Southern Pacitic began to construct its track from Lakeville north- ward, past the Ocean Beach House, and then along the ocean boulevard to H street, where a connection was made with theline of the Park and Ocean Railroad. | Then, from H street, running into the park grounds between Tenth and Thir- teenth avenues, the three spur tracks were laid leading into the Midwinter Fair grounds. These latter are the tracks that Mr. Austin and Mr. Rosenfeld spoke of remov- ing should the public demand it. out the sweepings. And it is a very small matter in the long run whether these three spur tracks are continued for that one pur- pose of assisting the cultivation of the | | park lands, or whether they are discon- inued. The only issue at stake is whether the City shall reap a small profit by selling its street sweepings to the park. OFf course, the street sweepings could be hauled out to the park in some other way at a some- what greater cost. But no one will object very hard to the continuance of these three spur tracks in the park as long as they are { used for the one purpose, and are shifted here and there to the convenience of the Commissioners—even though the Southern Pacific does make a very nice profit out of its charitable work of hauling the sweep- ings at $5 a carload. The one important question: How about the ocean-boulevard tracks? THere can he no valid excuse for the continuance of these obstructing tracks. No monetary consideration can compen- | sate the public for the loss of the ocean boulevard. How long shall those tracks remain? BEV. OB, TAULBEE HERE, He Intends to Give a Series of Lectures Through California. An Expression of His Views About Separating Church and State. Among the arrivals from the Fast yes- terday was Rev. J. M. Taulbee, one of the best known pulpit orators in the country. Mr. Taulbee is from Cincinnati, and has come West to spena three months in a lec- ture tour through California. He will lose no time in beginning his work, and will speak to-day at Metropolitan Temple at 3 o’clock. Besides the reputation which Dr. Taulbee enjoys as a lecturer and debater he is looked upon as one of the most prominent officers of the American Protective Asso- ciation. In this order he is a member of the National Executive Council, chaplain of the Supreme Council of the World, and president of the State Association of Ken- | tucky. It 1s in the i terests of thisassociation that he intends to talk during his stay out here, visiting many of the cities and towns of the State and coast. He speaks very plainly and frankly about the objects of the order, its purposes and what it hopes toaccomplish in the future. He announces that he is unalterably opposed to the en- gendering of bitter sectional feelings by “mudslinging” and vituperation. ‘‘Such actions,”” he said yesterday, ‘“‘are not in accord with the principles of the association. Some overenthusiastic work- ers in the cause have retarded our advance- ment. They have kept out of the ranks many intelligent citizens who otherwise would have identified themselves with the association. “Itismot the object of the order to an- nihilate creeds which they deem to be inimical to American institutions brt to secure the continuance of a separation of church and state in this country. We be- lieve every one is entitled to his own re- ligious belief. We do not think it wise for any church to meddle with state affairs. Wedo not wish to deprive any human being of the inalienable right to worship as he pleases, but we do say the schools and other institutions, which have become a part of the nature of every true American, must not be meddled with. “The association has grown rapidly in the past eight years, and has now a mem- bership of four million persons, scattered throughout the world, principally in Eng- land, France, Canada and the United States. It is also becoming a powerful political power. It isto be regretted that its objects are not better understood. We simply want to point out what we think to be the better way for the advancement of both church and state.” To-night Mr. Taulbee will speak in the Central M. E. Church on Mission street. He will also speak on Monday and Tues- day evenings at Metropolitan Temple. On ‘Wednesday night he will lecture in Stock- ton. The local clergy will probably give him a public reception during the latter art of the week. He is stopping at the rand Hotel MAYREQUIRE AMPUTATION James A. Clayton of San Jose at St. Mary’s Awaiting a Critical Operation. James A. Clayton, a prominent citizen and capitalist of San Jose, is at St. Mary’s Hospital in this City awaiting an operation to be performed this morning. A year or | their easy removal should the hall ! Engineer Virgil Bogue Has ‘soa 0 Mr. Clayton had hisarm broken while riding, and the fracture was imoro, erly set. It has given him considerable trouble recently, and_ upon_ consulting W.S. Thorne and Dr. Luke Robinson he learned that either resection or amputa- tion would be necessary. The surgeons found the arm badly cal- loused over the fracture, which was above the elbow, and decided that it would be necessary at least to open the flesh, and if the trouble is discovered to be of such a malignant nature as to demand it an am- putation will be performed. ———— MRS. HAUSER'S DEATH. John Charles Schmidt Charged With Her Murder. Dr. Charles John Schmidt and his wife, Caroline Schmidt, 1508 Market street, were arrested yesterday by Detective Cody and charged at the City Prison with the murder of Mrs. Louisa Hauser, wife of Christopher Hauser, carpenter, Post and Lagura streets, yesterday morning. Dr. Jerome A. Anderson reported to the police on Friday night that Mrs. Hauser was dying from the effects of an operation, and Detective Cody and Stenographer Heynemann were sent with Dr. Anderson and took an ante-mortem statement im- plicating the Schmidts. Christopher Hauser, the dying woman’s husband, made a statement at the same time, corroborating all his wife had said. After Mrs. Hauser’s death fwas reported to the police Detective Cody arrested Dr. Schmidt and his wife. They were taken before Captain Lees, but both refused pos- itively to make any statement about the case and the Captain ordered them to be taken to the prison and charged with the murder. Mrs. Hauser’s body was removed to the Morgue and an inquest will be held. A THEATER IN RICHMOND, A Modern Plathuse WillSoon Afford Delight to the Residents. Dr. The Plans Are Being Drawn and Work WIiil Commence by August 1. The residents of the Richmond Dis- trict are keenly alive to all matters per- taining to the public weal. It is but neces- sary to offer a suggestion of some needed improvement and the thing is as good as done. The latest evidence of their determina- tion to keep abreast of the times is found in a mew theater, the construction of which will begin in a very few weeks. The Richmond District has any number of small halls, where societies or semi-public gatherings can meet, but there is not a hall in the entire district large enough to accommodate the greatly increased popu- lation, should the occasion arise for any great public demonstration. In a growing section like Richmond such an occasion is liable to occur and often, and it is to be prepared for just such events that the new opera-house isto be built. In addition to all this the people believe they are numerically strong enough to support a first-class theater, and they want one more convenient to their homes. As it is now they are compelled to take long inconvenient rides, besides making one or two transfers, if they desire to at- tend a theatrical performance. The Richmond District theater will be built by Robert Wilson. This gentleman owns a lot 60x100 feet,on the corner of Point Lobos and Second avenues. It is at this point the new playhouse will be erected. J. H. Bond, who is closely iden- tified with the business interests of Rich- mond, and who will probably manage the. theater, Las this to say of the venture: *We need just such a building as this— one where monster meetings can be held, or theatricai performances given should first-class companies offer themselves. It is not improbable, however, that a Rich- mond company. will christen the new thea- ter. The building will have a frontage on Point Lobos avenue of sixty feet, with a depth of 100 feet. The ground floor will be used for mercantile purposes, the thea- ter occupying the floor above. “The stage will have a depth of twenty feet, which I think will be large enough to present respectably the average play. New scenery and stage settings will be secured, and in fact that portion of the theater will be fixed up in the latest and most ap- proved style. The seating capacity will be adout 700, which can be increased to 850 should the occasion demand. The build- ingis to be lighted by electricity and fitted with such other conveniences as are found in modern playhouses. “The seats will be arranged to ermit de- sired by any social gathering. The Rich- mond District has done much in the way of increasing its population and building handsome houses, but I know of nothing that will benefit the section so much as this new opera-house. The projector of the enterprise, Robert Wilson, is now off on his summer vacation, but he writes me that he will begin by the 1st of August. “The building compiete will cost $10,000 according to the present estimate, though it will probably reach $12,000, by the time everything is in readiness for the opening night.” YOSEMITE VALLEY ROAD. Made a Survey for Chicago Capi- talists. The preliminary inspection of a route for a proposed railway from Merced to Merced Falls and thence up the canyon of the Merced River to the Yosemite Valley was completed about four weeks ago by Virgil Bogue, a well-known civil engineer of Chi- cago. Itisknownasa fact that Chicago capitalists have agreed to furnish the money to build the road provided Engineer Bogue, in whom Chicago men have the greatest confidence, pronounces the invest- ment good. A committee, consisting of Messrs. Mc- Roberts, Walkup and Parsons of Chicago, are in San Francisco, having returned from Merced and have the proposition of road building under advisement. It 1s given out that the engineer’s esti- mate of the cost of construction is larger than was expected, but the purpose of building the road has not been abandoned. The route is practicable and the engineer, accompanied by an assistant, walked from Yosemite through the canyon to Merced Falls, where the stream debouches into the plain. The proposed road would tap the Southern Pacific and Valley road and would certainly secure large "passenger travel to Yosemite. e POSTOFFICE CHANGES, The Stations for the Sale of Stamps Are to Be Scattered. The seven sub-stations established by Postmaster McCoppin some months ago have proved a great boon to the public. The rcturns from all of them have ex- ceeded expectations, but the ones at the Presidio and near old St. Mary’s College have been particularly well patronized. Assistant Postmaster Doyle says that the chief need of the City just now is more stations for the sale of postage stamps. At vresent there are only fifty-two, and as these cannot be increased, the intention is to place them further apart as soon as the privileges of sale is given up by those who now hold them. The Postmaster thinks that in this way the wants of the public will be better subserved. —————a— With a Rush. The Pacific Ocean water falls into the | mammoth tank of the Lurline Baths every evening at 10 o’clock and you may come and watch it free of chargey THE SUPREME COURT STRIKES AT TRUSTS, A Decision Which May Affect the Fair Will Contest. WHITNEY VS, DODGE Against the Suspension of the Power of Alienation of - Property. CHILDREN'S LAWYERS TALK. One of Their Leading Lines WIill Be Based on the Tribunal’s Actlon. The Fair will contest, which has been so prolific of sensations, has had another chapter of interest added to it by a decision of the Supreme Court which has just come to light, and which one or two prominent members of the Bar Association have not hesitated to say will shatter the trust clause in the dead millionaire’s will. The case in question was entitled Whitney versus Dodge, and it was almost a parallel case to the Fair contest suit in regard to the trust. Asin the latter, the possibility arose of the suspension of the power of alienation for a longer period than during the existence of lives in being. The will in the case of Whitney versus Dodge was drawn in Pennsylvania and created a trust in accordance with the laws of that State. The respondent’s father at his death left to her $12,000 in State bonds of the State of Maine, in trust for Alice S. Knight, the testator’s granddaughter, the interest and dividends on the bonds to be devoted to the support and education of the said Alice 8. Knight until she was 21 years of age, after which she was to have the inter- est and dividends for the rest of her nat- ural life, and in the event of her death, if she left issue, her children were to receive the interest and dividends until the young- est was 21 years of age, when the estate should be divided between the children. It seems that Mrs. Dodge failed to comply with the conditions of the trust, hence the suit. Meantime she had moved to Cali- fornia and the suit had to be tried under the law of this State. Justice McFarland delivered the opinion of the court, which was as follows: From the complaint it appears that one Jones Dyer, who was a residentjof and domi- ciled in'the State of Pennsylvania, died in the city of Philadelphia in said State on the 15th day of July, 1860, leaving & last will and tes- tament. By said will he gave to the respon- dent herein, who was his danghter, to take effect after the death of his wife, Lydia Dyer, $12,000 in State bonds of the State of Maine, in trust for certain uses and purposes. The trust was that respondent should devote the interest and dividends of the bonds to the support and education of one Alice S. Knight, a granddanghter of the testator, until she be 21 years old, and afterward said Alice was to receive said dividends during the period of her natural life. In case said Alice should die, leaving lawful issue, then her children should receive said interest and dividends until the youngest thereof should be 21 vears old, when the corpus of the fund should be legally di- vided between such children. The said will was duly probated in Pennsyl- vania. In 1865 the said Lydia Dyer, surviving wife of the deceased, died, and in August, 1867, the respondent received and accgpted said bonds in trust as aforesaid. The said Alice S. Klllght was married twice during. her lifetime and died in February, 1876, leavin the two appellants herein her sole and lawfu' issue. The latter were not born until after the death of the testator. The respondent havin accepted said fund in trust as aforesaid an received all the said interest and dividends has -p%mpnuled and converted said trust fund to her own use and now denies and re- pudiates said trust and refuses to account to appellants for any part thereof. Under the laws of Pennsylvania the said pro- visions of suid will were valid, those laws per- mitting the suspension of the power of aliena- tion for the period of lives in being and twenty- one years afterward. The foregoing are the only material aver- ments of the complaint necessary to be here stated, and for the purposesof the demurrer they must, of course, be taken as true. Respondent contends that the complaint does not statea cause of action because the provisions of said will upon which appellants rely were laid under the laws of California, and that, therefore, they cannot be here en- forced. 1. Counsel for appellants has argued with great learning, ability and ingenuity that the said provisions of said will would” be valid under the laws of California if the testator had been domiciled and the will had been made here, and if no consideration of the law of comity or the law of domicile were involved in the case. It is sufficient to say on this point that the learned counsel has not con- vinced us that his position is tenable or that the said provisions of the will as_to the children of Alice Knight, born after the death of the testator, are not within the limitations of section 715 of our Civil Code, which pro- vides that “‘the absolute power of alienation cannot be superseded by any limitation or condition whatever for a lonfor period than during the continuance of the lives of persons in being at the creaton of the limitation or condition.” (Of course, in the case of a will the “‘creation of the limitation or condition” takes place at the deatn of the tes- tator.) We will assume, therefore, that if the will had been made in this State by a person domiciled here it could not have been here en- forced. 2. Butit does not follow that respondent can escape the allegations of a trust touching personal property created in another State and gerfeclly valid “there by removing iato this tate, fwhere such a trust, if created here, would not have been valid. The decisior was handed down on De- cember 22, 1894, six days before the death of James G. Fair, but it was not published until the issue of volume 105 of the Cali- fornia Reports last Wednesday. “The decision caught my ‘eve immedi- ately,” said a well-known attorney yester- day, “and I immediately got a copy of the Fair wiil to compare the trust clauses in both cases. I do not believe that in the history of the California courts a decision has been rendered which so completely covered the points in another case as this decision does in the_contest of the will in regard to the trust. You can see for your- self. Here is a copy of the will, but all we have to do with is “the fifteenth section or clause.” The fifteenth clause reads as follows: Fifteenth—All the rest, residuc and remain- der of my estate, property and effects, personal, real and mixed, ‘whatsoever and wheresoever situate, I give, devise and bequeath unto my trustees hereinafter named, and to the sur- Yivors of them, and to their successors in office in trust, for the following uses ana purposes, thatis fo say: To have and to hold the samein trustduring the lives of my daughters, Theresa S. Oelrichs and Vh‘fiinh Fair, and of my son, Charles L. Fair, and during the lives of the survivor of them, and upon the death of said survivor to transter and convey to the children ordescendants of my said daughter, Theresa, the one-fourth part of suid trust property and estate, and to the children or descendants of my said daughter, Virginia, the one-iourth part of my said trust property and estate, and the remaining one-half of said trust roperty and estate to transfer and convey in equal shares to my brothers and_sisters, and to the children “of deceased brother or sister by Tight of _representa- tion. (The language of this clauso is taken from the Civil Code of the State of California. section 1386, subdivision 3, as it now exists, and shall bear the same construc- tion as said subdivision of said section, subject, however, 1o the provisions of paragraph 16 of this will). In case either of my daughters die leaving no children or descendants the one-quarter part of the said trust property and estate_ herein directed to be transferred and conveyed to her children or descendants shall be transferred and conveyed to the children or descendants of my otlier daughter, and if thgre be none the same shall be transferred and conveyed to my brothers and sisters and to the children of any deceased brother or sister by right of repre- sentation as aforesaid. In trust further during the life or lives of my said daughters and son aud o the sur- vivors of them to hold, manage and control the said property and estate and monthly to pay over the net'income derived therefrom to my said daughters .and son in equal propor- tions, and upon the death of either of my said daughters pay over the one-third of the said net income to which she, if living, would be entitled to her children or descendants, if any there be; otherwise to my surviving daughter, and upon the death during the life of my said son of said surviving daughter, leaving chil- dren or descendants, then to her said children or descendants, and if she leaves no children or descendants, then said portion of said net income to become a part of the said restand residue of my estate, and to be disposed of as such under the provisions of this. and upon the death of my sdid son pay over the one-third of said net income to which he, if living, would be entitled, to my said two daughters in equal proportions or to the survivor of them. ‘““You can see,”” continued the attorney, “how closely run the lines of the two trusts, and ‘my opinion is that the Su- preme Court will take exactly the same ac- tion in the Fair will case as it did in that of Whitney versus Dodge, and that means to knock it out. The crystadlization of the matter is this: *If the trust by any possibility suspend the power of alienation for a longer period than during the existence of lives in being it is void, ab initio, and the ordinary trust to receive rents and profits and apply them or pay them to a beneficiary does suspend the power of alienation.” The attorneys for Charles L. Fair, the contestant of the trust clause in the late millionaire’s will, knew of the decision of tne Supreme Court long before it was pub- lished, and it was learned iast night they will make it one of the strongest points in their case. “The policy of the law of California,” said one of the attorneys last night, “is to prevent the tying up of property beyond the lives of the persons to whom it is given. Yes, we know all about the de- cision in the case of Whitney vs. Dodge, and we think it comes pretty close to ap- ing to our case. We think it is de- cisive, in fact, because in that the Supreme Court has said® that had.it been a trust created in this State it should have Been void. ‘‘There are two propositions in the Fair will. One-half of the estate is given to the brothers and sisters of Fair after the death of Theresa, Virginia and Charley, and the other half is given to the children of the two daughters after the death of the latter. That is what is called a future es- tate, or, to put it more plainly, which will not take effect in interest or in possession until after the death of the last of Fair's three children. Until the death of the last of Fair’s children it is absolutely impossi- ble to say or know who or what persons will take Fair's estate, because if the brothers and sisters of Fair and all their children are dead the one-half intended for them will go to somebody else, and who that person is will depend on whether or not Fair's daughters left children; and if they did have children those children will take the one-half intended for the brothers and sisters. ‘‘The same is true of the one-half rected to be given to the children of Fair's daughters, If there are no children of Fair’s daughters when the last of Fair's children dies the one-half intended for them will go to Fair’s brothers and sisters then living, if there areany. If Fair’s daughters die without havingany children surviving them, and ifall of Fair’s brothers and sisters are then dead, the whole re- mainder of Fair's estate will then go, under the laws of the State, to Fair’s heirs-at-law, whoever they may be—possibly the lawyers in the case. “ The trust is void, we maintain, because it suspends the absolute power of aliena- tion of property beyond the period per- mitted by the law of California, and it is an endeavor to fasten on property in the State the entails so long suffered by the English people, and which were finally abolished.” AFTER SWINDLING AGENTS, Labor Commissioner Fitz- gerald Exposing Some of Their Methods. What a Deputy Learned by Apply- ing to His Establishment for Work. A crusade against the swindling employ- ment agencies of this City has been started by Labor Commissioner Fitzgerald, and his invesgation of a few of them revealed, to use his own words, ‘‘a most deplorable state of affairs.” ‘What prompted Mr. Fitzgerald tobe par- ticularly energetic in an endeavor to sift the employment agency system was a let- ter he received from Governor William McKinley of Ohio, the substance of which was: Our free employment buresus in Ohio have served the double purpose of providing the unemployed with a reliable source of labor in- telligence and driving out of business a large number of swindling institutions. As our free employment bureaus became known and trusted, they became indispensible to the poor country girls and thousands of their city sisters, besides, in guiding them aright, and preventing them from falling into the hands of unscrupulous villains. This and much more came from one of the Nation’s best known officials, so Mr. Fitzgerald concluded that it was time to look into the business in this City. And the following are the results of his obser- vations as he gave them yesterday: he majority of these employment agencies ['do not openly register all who apply to them, nor do they keep any complete record ot the fees they collect. Their methods of obtain- ing—frequently extorting—money from their victims are numerous and various, and by im- sing a fee for this imaginary service or that ancied benefit they manage to get the hard- cfimed dollars of the applicants and keep them, It is not the desire of this State Labor Bureau 10 stigmatize any of those agen- cies which may be doing an honest and legitimate busiiess. There are some—five, have found — which are working in conjunction with the Associated Charities and other benevolent institutions, and these are doing good work, but in the majority of cases it is learned that, in order to make money outof the business, agencies have resorted to the most reprehensible methods. That such is undoubtedly a fact is evidenced by the great number of complaints that have been made to the bureau in regard to a certain 8. Morris, who was located at 121 Post street in arear room. The sign on the door stated that inside was the “Commercial Clerks’ In- formation Bureau.” Such books as he keeps show that he has taken in almost $500, at least. this year, but there is no record to show whether he'has ever obtained employment for any one. He also conducts this business without & license. I will give you an idea of how we manage to find out thése things: Ome of our deputies applied for & position, and was told he would have to deposit §1 before he would be consid- ered. “But,” said the deputy, “I have 1o money to spare; what guarantee, can you give me that I will get a position?” ' *‘We have se- cured Posilions for over sixty in the past month,” was the reply: “all clerical positions, and mostly in the coumri'. However, we do a great deal of business in this City and Oak- land.” R “‘What houses do you furnish help to?” asked the deputy. “Murphy, Grant & Co.,Levi Strauss & Co. and most of the prominent firms here,” the answer came with bold assurance. *In Oakland we furnish Salinger, Kahn Bros., Abrahamson Ix‘:d others. None of these firms I mention would hire you if you went there in person. They woulesimply refer you back to me, 88 we do all their hiring of help. We investigate the references, and they know they can depend on our sending reliable people.” This man used every possible argument to wheedle the registration fee out of the depufy (which incidentally he did notsucceed in doing) and the deputy left promising to call again. Now the fact of the matter was that this man had not been to any one of the business houses mentioned. Out of the twenty odd places visited we found that they claimed te furnish employ- ment to an average of from 2500 to 5000 per- sons amonth. That this is false and betrays their dishonesty is evidenced by the vast army of unemployed in this City. The basis of their dishonest methods consists of a collusion be- tween the employment ageut and the steward NEW TO-DAY—DRY GOODS. e e e e e e SILK DEPARTMENT! EXTRAORDINARY BARGAING IIN—- NOVELTY SILKS! 50¢ ! Rich Brocades, Fancy Ombre and Figured Silks, former prices $1.00, $1.50 and Fancy Surah Plaid Silks (large variety), former prices $1.25 and former Per ya,d5 $2.00 per yard. T5¢ Per Yard $1.50 per yard. ,1 00 Elegant, L] Per Yard 1.28 Per Yard ) ; ! ). prices $3.00, $4.00, $4.50 and $5.00 per yard. Novelty Brocades and Fancy Plaids, former prices $2.00, $2.50 and $3.00 per yard. SPECIAL! All Remnants Fancy Novelty Silks at \less than one-third regular prices. EZ The above are positively the greatest bargains ever offered in San Francisco. Ci ¥ 18s2. Crenod . ‘QORPORATQO W 111, 113, 115, 117, 119, 121 POST STREET. or country, the or manager of some hotel, cit; somé’ one foreman on a big contract or handling a number of empio; ] The scheme is this: The agency advertises for Lelp to fill a certain position, they pick one from among the applicants, reserving the rest for future plucking. The applicant is sent to fill the position, paying the agent first one-half the first month's salary as commission. He or she is retained just long enouch to find an ex- cuse to discharge, when they are sent away and another lamb led to the slaughter. And to show vou how the interests of the em- loyer are injured we learn that persans have een recommended for work who were known to the employment agents to have been dis- charged from the penilentiaries and asylums. You see, the more questionable the charecter or capability of the applicant may be, the more money can be extorted from him, and thus the most undesirable characters may beintroduced into your home and business. 2 The State Employment Bureau, which we will open on Monday, offers a solution of this problem. All positions will be given wighout iear or favor, and the only considerations need- ful to secure its benefits are ability and hon- esty. Every one sent from this burean will be recommended only for what he or she isworth. Those who have no one to speak for their good qualities can soon earn one by faithfully per- orming the work for which they are engaged, as every good act will be recorded as well as bad, I intend to keep my eyeon these agencies and report from time to time. No honest, rep- utable and, properly conducted agency will suffer from our investigations. LABORERS FROM JAPAN. Instructed by Letter Before They Come ‘Here What to Say. Some letters have come into the posses- sion of the Labor Commissioner from a Japanese who arrived on the steamer Mexico recently, which show how the Japanese laborers imported here under contract are -instructed what to tell the Government officials upon their arrival. One of the most notorious of the im- porters is Okubo Tatsuaburo, whose head- quarters are at Concord, in Contra Costa County. The following letter was _ad- dressed to a Japanese at Victoria by him: To Kimura Keizo, Minamigawa Kita: As soon as you get this letter come. I send you $40. Also bring Nagano.. Divide the $40 among the taree of you. There is plenty of work here, so come here at once 10 work. When you are questioned by the immigra- tion authorities do not-tell them you are com- ing to me, but say you are coming independ- ently. OKUBO TATSUABURO. Okubo found it necessary, it would seem, to send another letter to the same person, so he wrote: Come right away. You did not answer my last letter, so come right away. The following communication was writ- | ten by Taguchi to Honda Jerzo: When this letter reaches you, come. You will be paid $1 per day. When you pass the immigration authorities you must show $30. TAGUCHI BUNGARO. Mr. Fitzgerald has endeavored to have the authors of these epistles prosecuted for violating the contract labor law, but Assistant United States Attorney Knight has informed him that the letters might prove to be doubtful evidence, owing to the difficulty of proving the genuineness of the signatures. ‘During the investigation of Japanese contract labor Mr. Fitzgerald secured the names of James Gates, Senator ‘W. B. Parker, Joseph Blake and Frank and TECKS Gents' NATUR. Gents’ Fast B IF YOU ARE LOOKING ——FOR— BARGAINS Dor't Gverlook This Chane, CLEARANCE SALE Famnishing Goods and Underwear, ECKWEA , was 50c, now. AL COTTO: 35¢, now > 65 256 DRAWERS, was$1 each, now WHITE FLEECED WOOL SHIRTSAND mrc DRAWERS, was $1 25 each, now [S) Striped BALBRIGG. SHIRTS 9(° DRAWERS, was $1 50 each, now "ED WOOL SHIRTS AND DRAW- STRAW HATS. THIS SEASON’S GOODS. 1-2 REGULAR PRICE. 818-820 Market Street Phelan Building. Factory—30 First Street. Buck, Vacaville fruit-growers, as likely employers of anv white labor he might send to them. He accordingly sent G. N. Herzog. A letter was received from Mr. Herzog yesterday, in which he informed | Mr. Fitzgerald that there was no demand for white labor there, although thirieen Japanese went up on the same train to go | to work for some fruit-grower. Mr. Buck, who is a son of the late Senator Buck, admitted at the investiga- tion that he employed Chinese as well as white labor, paying the former $1 ger day without board, but he said he had never employed Japanese as, in his opinion, they were unsuitable to the work of picking and })ac_king fruit. He has 670 acres all in ruit. White blackberries were a curiosity broufiht into Americus, Ga., by 2 farmer a few days ago. They were identical with %he ordinary blackberry in form and avor. THIS WEEK ONLY! *500 CAPES, 200 SILK WAISTS, AT HALF-PRICE. ARMAND CAILLHEATT, 46-48 GEARY STREET, Corner Grant Avenue. People in San Francisco. The unequaled demand for Paine’s Cel- ery Compound among the people of this city is but one index of the great it is doing. There are many in San Francisco whoni it bas cured of serious iliness. Paina's Celery Compound makes people twell wha, sufter from weak nerves or impuro blogd.