The San Francisco Call. Newspaper, August 13, 1895, Page 14

14 MCKINSTRY'S DISMISSAL Trustees of Hastings Law Col- lege Handle the Jurist Without Gloyes. JUDGE SLACK IS PROMOTED. The Story of the Recent Changes as Told Yesterday by Robert Y. Hayne. The sensation in the Hastings College of Yaw over the dismissal of ex-Justice McKinstry from the senior professorship of the institution continues unabated. Much has been said and published con- cerning the enforced retirement of the distinguished jurist from the pedagogical office, which was attended by a salary of $5000 a year and high professional honor which could not be measured by a dollar mark, but all expressions of opinion and sentiment have so far come mainly from Judge McKinstry's friends. Nome of the members of the board of trustees had, up to yesterday, spoken. Yesterday Judge Robert Y. Hayne of the to their request, the board passed the fol- lowing resolution: Resolved, That it is the sense of the board that the senior member of the faculty deyote his whole time jto_the duties of the college and that the appointment of an additional professor is inexpedient at the present time. “Now you will observe that that resolu- tion was passed in response to the applica- tion of the two professors for assistance. We had in mind what we supposed was the understanding with Judge McKinstry that he should devote his whole time to the duties of the college, and the interpre- tation we gave to the request for assistance was that assistance was necessary. We re- fused the request because we thought that what we supposed was the understanding ought to be carried out, and that if it was there would be no need for assistance. ““We sent a copy of the above resolution | to Judge McKinstry, but he took not the | slightest notice of it. Hemust have known that the board was the governing power of the college, and that it was the duty of the professors to conform to its views, but for two years he kept on ignoring its ex- istence and disregarded its formally ex- pressed wish, without even taking trouble to communicate with it. In other words, he assumed to regulate his course as pro- | fessor according to his own views in utter disregard and defiance in those in author- ity over him. Now, where the board erred was in not calling him to account immediately. It ought to have done so. But out of regard for his character and position, it desired to deal patiently and gently with him and it did nothing for about two years. By that time the business of the college had in- creased and something had to be done. Just about then we received a communica- | tion from Judge Slack, who has always board of trustees threw delicate considera- given the most splendid services to the col- JUDGE CHARLES W. SLACE, NO HASTINGS COLLEGE OF LAW, [Drawn from 'W SENIOR PROFESSOR IN THE a photograph.] tion to the winds and told the story of Justice McKinstry’s retirement from the standpoint of the trustees. 5 It is quite an interesting story as itis told by Mr. Hayne. The' trustees” think that the story has another point of view if not ‘‘the other side.” Mr. Hayne says in effect that the trustees endured for two long years the independence and contempt of the eminent jurist, and then they reached the limit of endurance and at the same meeting threw McKinstry out and offered the vacancy to Slack. Judge Slack will hereafter be the head | of the faculty of the Hastings College of Law. Yesterday afternoon he formally accepted the position tendered some weeks ago. His salary is raised from $2700 a year to $3000, and he will retain_his position on the Superior bench. McKinstry’s salary was $5000. Judge Slack will have two as- sistants of the grade of instructors who will at the start receive $100 a month. Heretofore the instruction has been given by Messrs. McKinstry and Slack at a total expense for.salaries of $7700 a year. Now the instruction by Judge Slack’and his two assistants will cost $5400 a year. The as- sistants have not yet been selected, and an increase of salary will depend on the ability they display. The trustees seem to think that they have been wronged by Judge McKinstry’s friends, by the press and perhaps by the students. They laugh with some trace of bitterness at the unfounded rumors, born of gossip, that the removal of Judge Slack from the bench in the interest of some phase of the Fair litigation, the desire of some of the trustees to acquire the posi tion, and a reported social squabble be- tween Mrs. Catherwood and Miss McKin- stry, had variously figured in the sensa- tional shuffle. They point to the fact, not before given out, that the position was tendered to Judge Slack as soon as it was made vacant,and as to one of the board taking the vacancy a trustee said yester- day: “Do you suppose that any trustee would be such an idiot, or that the trus- tees would be such idiots as to let one of them be such an idiot? And do you sup- ose that the trustees of the Hastings Law Eollege were governed by any tea-table quarrel that might or might not bave oc- curred ?’’ “This is the story of McKinstry’s dismis- sal as it was told yesterday by Robert Y. Hayne: “The members of the board think that you gentlemen of the press rather jumped on us about.this thing, and I do not think you would have done so if you had known the facts. “I admit that the reporters did not know the facts, but the members of the board had motives of delicacy for not wanting to talk about it. I said so to a reporter who called. They thought, perhaps, it would be disagreeable to Judge McKinstry to have the community know that he was removed from his position. If nothing was said, it would be supposed that he resigned. And for that reason it wus understood among us that nothing should be said about it. But inasmuch as the whole thing seems to have got out, and as 1 understand that Judge McKinstry has himself given an in- terview upon the subject, I see no reason for further reticence. ‘‘As a matter of fact there has been a misunderstanding between Judge McKin- stry and the board. I was not a member when he was employed, but those who were, informed me that it was the under- standing when he was employed] that he should give his whole time to the duties of the college. No doubt Judge McKinstry did not understand it that way, because he ig not a man who would-violate an under- standing. But the board so understood it and it was with some dissatisfaction that it saw the extent teo which he was engag- ing in private practice. “In that condition of affairs the two professors of the college, Judge McKinstry and Judge Slack, appeared before the board about two yearsago and asked that an assistant professor %)o appointed, and offered 1o contribute towards the expense of his salary. They appeared before the boasd about two years ago, namely August 8, 1893, and stated their views and then withdrew. The professors witharew, after they had said everything that they had to say, and the board” desired to discuss the matter privately. Bear in mind, now, that this was two years ago. In response essary and offering to defray the entire ex- | pense of an assistant outof his own salary. | We could not permit this. However high | | our regard might be for any professor (and | we have the most absolute confidence in | Judge Slack), we did not think it a good | plan to adopt a course which would in sub- stance amount to letting the professor | farm the thing out, and we thought the | limit of patience had been reached with | Judge McKinstry. So we instructed our | | registrar to send him the following com- | munication: Dear Sir: 1 am instructed by the Board of | | Trustees of Hastings College of the Law to call your attention to the communication sent you August 8,1893, of which a copy is inclosed. | and respectfully to ask that if you find the | other demandsupon your time s0 great as to prevent you complying with the communica- tion you will please inform the board atas early a date as may be convenient to you. “In sending that letter, which we tried to word as respectfully as possible, we were simply trying to enforce what we al- ways believed was the understanding with him when he was employed. ‘It seems to me that Judge McKinstry might have taken the trouble to reply to | that letter, but he absolutely ignored it. ‘ lege, stating that some assistance was nec- Now, the members of the board were not | the lackeys of Judge McKinstry that he | shonid treat us in that manner, and it seems | i to me that he should not treat even his lackeys so; because a respectful communi- | cation from even a servant deserves some kind of a notice. But passing that, how is the board to manage the affairs of the col- lege ifits employes will neither obey its | instructions nor even take the trouble to notice them? It may be that Judge Mc- Kinstry has such contempt for us that he | does not think it worth while to communi- | cate with us at all, but it seems to me that the requirements of official intercourse for- | | bid the expression of such contempt. ‘What were we to do? Were we to let him pocket this communication for two years as he did the other? Or were we to go to | him with our hats in our hands nng beg | him fileme to take some notice of our | official communication ? ! “What we did do was, after waiting two | weeks, to declare his position vacant; and the only thing I have to regret about it is | that we did not take this action two years ““will not the loss of the services “of Judge McKinstry be a detriment to the college?” *‘Speaking for myself, I do not think so. While Judge McKinstry is undoubtedly a | man of considerable ability and learning I i do not think he made a success as a pro- fessor. I do not think that his abilities are of that order, and I do not believe that | his heart was in his work. Atany rate it | is the very first requisite of a professor that he should regard the wishes of the trustees of the college. I see that some of the papers say that most of the board want tt}’e ggsitiog. but the fact is, that at the very same meeting we tendered the position to Judge Slack, Judge Slack knew nothing whatever about what had taken place and, of course, made no effort to get it. The board has the %:eatest confidence in him, and believe that he has done some very fine work in connection with the college, and without any suggestion from him tendered him the position of senior professor with two as- sistants, and Judge Slack has accepted that position.” “But will not the same objection apply to Judge Slack, namely, that he will not be devoting his whole time to the duties of the college?”” “No; wedo not set so much store on get- ting a man’s whole time unless we think we are paying for it. In Judge McKinstry’s case, ‘lthom}h the board may have been mistaken, it believed that it was payins for his whole time, and therefore it wanted to get it. In regard to Judge Slack we shall give him only $3000 per year and not require him to give up his judicial position, and by giving him two assistants we get the ditional force which seems to be necessary.” ¥ree This Week. EIGHT BIG PRESENTS—ONE GIVEN WITH THE SAN FRANCISCO CALL, TUESDAY, AUGUST 13, 1895 : — TWENTY-FOUR MILLION DOLLAR LAND SUIT. Spanish Heirs Lay Claim to the Entire San Mi- guel Rancho. DESCENDANTS OF NOE. Irregularities Alleged in Noe’s Transfer to William J. Horner. CHILDREN WERE NOT OF AGE. Many Large Estates Interested and Much City Property In= volved. A suit involving $24,000,000 worth of prop- erty is soon to be brought by the heirs of Jose de Jesus Noe azainst the owners of land, improved and unimproved, and of divers houses and lots, in that portion of the City known and designated on the maps as San Miguel Rancho. The complaint is now in process of com- pilation and copies thereof will be served on upward of 7000 defendants, including the City and County of San Francisco, the Southern Pacific Railway Company, the Stanford estate, Crocker estate, Adolph Sutro and all of the land companies that have been organized to buy and sell land in that district. All the land comprising the San Miguel Rancho was acquired from the Governor of Alta California in 1845. Noe transferred it to W. J. Horner. The heirs claim that Senor Noe had no right under the Spanish law to make said transfer, and thereby hangs the tale, The family of Noe ranks among the oldest Spanish families in the country, and the misn&ion will carry with it an interest second to thatof no other civil procedure now on the records of the courts. Messrs. Gunn & Koscialowski, attorneys for plaintiffs, stated yesterday that the suit was based on the petition of Jose de Jesus Noe to the Governor of AltaCalifornia dated May 18, 1845, in which the petitioner asks that the Governor grant him one west of the Mission Dolores, bordering the Rovert Riddle and Jose C. Bernal, agreea- ble to the plat which accompanied his me- morial, and bounded on the west by the ocean. It was set forth by the petitioner that he had alarge number of cattle and horses whose increase had been such that his{prior holding was insufficient for their feed and pasturage, and further, that the petitioner’s family would receive the bene- 1it of such grant from his excellency. The grant was made and the Noe cattle and horses browsed over the land which was thereafterward * known as the San Maguel Rancho. 1n 1848 Mrs. Noe died, leaving three sons. Five years later, in 1853, Jose de Jesus Noe conveyed the rancho to William J. Horner. The heirs now contend that the conveyance was illegal. Their names are Miguel Noe, Vincente Noeand Catahina Noe. - Miguel Noe is the son of Jose de Jesus Noe and the others are his grand- children. “Why was the transfer from Noe to Homer illegal and why has it rested so long without an attem pt being made to set aside the conveyance?” was asked. “The question is a natural one,” ad- mitted Mr. Koscialowski, “but I think it can be answered clearly. It was illegal for the reason that at the time Mrs. Noe square Jeague of land lying west of north- | 8¢ | murrar of the City to the suit of each ranches of citizens Francesco de Haro, | fits to be shared in by membersof the grantee’s fnmily. “We claim,” continued the attornay, “‘that Noe senior had no right to make the deed he did to W. J. Horner, and that the present owners of the land bought it at their own risk without sufficient investiga- tion as to the title on the principle of caveat emptor (purchasers beware). The attorneys for the plaintiffs claim to have made a thorough research among the earliest Spanish records, and they have had translators at work for weeks here and in Mexico on the laws in force at the time California was nuder Mexican rule. . According to Escriches,a ponderous Sgnn- ish law tome, the act relating to the hus- band’sand wife's interests in grantsfsimilar to the one in question has been in force 300 years, and is operative to a great extent to- day in the settlement of estates in Mex- ico, Spain and even in France. In the suit to follow Spanish law will be quoted in extenso. & The property involved in the suit is roughly estimated to be worth about $24,- 000,000, and inciudes the whole of the original S8an Miguel Rancho. More accu- rately described, as is shown in the accom- panying map, the boundary line extends from the junction of Valencia and Nine- teenth streets along the line of the old San Jose road as far south as the county line, thence to a point near the Haight-street ball grounds and back to Nineteenth and Valencia, including the Almshouse tract, House of Refuge, Spring Valleely Water ‘Works Company’s property near the Alms- house, all of Horner's Addition, Lake View, Heyman tract, Columbia Heights Fremont ~ Land Association, Railroa Homestead, Park Lane tract, Clarendon Heights, Market-street Homestead, San Miguel City, Pioche and Robinson tract, Belle Rocho tract, San Miguel Homestead Association, and all the Mission blocks from 71 to 114, inclusive. Papers will be filed in a few days. VICTORY FOR THE CITY, Judge Seawell Declares That the Dupont-Street Taxes Are Legal. Tha Property-Holders’ Sults to Re- cover $1,000,000 In Taxes at an End. The famous Dupont-street suits, ex- tending back for several years and involv- ing about $1,000,000 in taxes, were ended by Judge Seawell yesterday, The de- property-holder was sustained, which means that unlessa reversal is obtained in the Supreme Court the taxes levied for improvements of the street are valid. The pleintiffs in the suits thrown out of court on the demurrer are Bartholomew Welsh, Aliee P. Sulliivan, the Luning Company, James D. Phelan, J. N. G. Hunter, Joseph M. Macdonough, Cornelia B. Stanley, Fleet F. Strother, A. C. Freese (as an administrator), Andrew M. Davis, Isabella Levy, Albert Pissis, D. M. Richards. These had paid the taxes year after year under protest, the money amounting to $1,000,000 or more, and they sued for re- covery. A similar suit was that brought by B, E. Easterbrook, and one opinion is made to_apply to all the cases. In this opinion Judge Seawell says: This is an action to recover the amount of certain Dupont-street taxes for the years 1889, 1890, 1801, 1892 and 1893, alleged in the com- plaint to have been }AId by plaintiff under protest to the Tax Colléctor of the City and County of San Francisco. The action is brought under section 3819 of the Political Code (Statutes of 1893, p.32), which provides that at any time after the duplicate assessment-book has been received LIanom MAP SHOWING PROPERTY CLAIMED BY NOE’'S HEIRS, COMPRIS- ING THE SAN MIGUEL RANCHO, died, under the Spanish law as it then ex- isted the property vested in her children, and the husband had nothing more than a usufructuary interest during the minority of the children. Thereason why action was not taken before is because the decisions of the courts of California have held a_different view. The reason why action is taken at this time is because within the last three months it has been discovered that the courts erred as to mat- ters of fact, that is to say they had made a mistake as to what was or what was not foreign law when California was under Mexican law. The courts of California in their construction of Mexican land grants made of proverty in this State prior to its admittance to the Unioi aave almost uni- versally held that such grants should be classified ‘Bienes Gananciales’ (donations) made by the Government.” The case of Panaud vs. Jones, 448 First California, was referred to by Mr. Koscia- lowskl, in connection with others of record, as showing, according to hisinterpretation and that of prominent Mexican attorneys, that under such grants as the one in ques- tion the husband has no right to transfer property after the wife's death; that it vests in_ the children, and cannot be dis- Each Pound of Our EXTRA VALUE S0-CENT TEAS, GREAT AMERICAN IMPORTING TEA CO.’S, 52-58 Market street, S. F., Headquarters, BRANCH STORES EVERYWHERE, posed of until the children are of age. In the case of Panaud vs. Jones the grant was made as a reward for military services, In the case soon to be at bar the land was given for agricultural purposes. the bene. by the Tax Coilector and the taxes have be- come payable the owner of any property as- sessed therein, who may claim that the assess- ment {5 void {n whole or in part, may pay the same to the Tax Collector under protest; that such payment should not be regarded as vol- untary and that such owner m-{ at any time Within six months thereafter bring an action against the county in the Superior Court to re- _cover back the taxes so paid underu;)rotest. It is further provided that if it be adjuded that the assessment, or the part thereof referred to in the protest, was void on the ground specified in the protest, judgment shall be entered against the county therefor. * % % The complaint is demurred to upon the ground that it does not state sufficient facts to constitute a course of action. On_the part of the defendant it is claimed that Section 3819 of the Political Code applies only to the ordinary state and county taxes and not to assessments for local improve- ments, * ¥ & The so-called Dupont-street tax is not strictly atax. but an assessment. It is true that in the Dupont-street act of March 23, 1876, the impo- sition is called a tax. In theact of April 1, 1872, providing for the opening of Montgomery avenue, the same term was used; but it was held by the Supreme Court in Doyle vs. Austin, 47 Cal., 353, that the imposition was an assess- ment and not a tax Judge Seawell stated that money received as Dupont-street taxes could only be used in payment of coupons attached to the bonds and in redeeming the bonds, and he concluded as follows: Independently of Political Code. section 3819, the action cannot be meintained against the defendent for the following reasons: First—The taxes paid by plaintiff were not received by defendant. Second—No deed which the Tax Collector could lawfully issue could cloud the plaintiff’s title, and the payment was therefore volunta The demurrer to the complaint is sustaine It is expected that the suits will be appealed. SUING H. M. LEVY. Solomon Hoeflich Demands an Account- ing of Property Owned by His Brother. Suit for an accounting was begun yes- terday by Solomon Hoeflich, executor and heir of Morris Hoeflich, against H. M. Levy and Herman Zadig, the stock brokers and speculators. This is in the line of the former litiga- tion carried on by Mr. Hoeflich to recover the property of his dead brother, Morris Hoeflich. In the complsint Mr. Hoeflich says that his brother owned 10,000 shares of the Golden Eagle Mining Company. Levy was aware of that fact, but concealed it from Flnm@ifl for the purpose, it isalleged, of defrauding the estate. The plaintiff did not know of the existence of the stock until he received notice of an assessment levied by the board of directors of the com- pany, of which Leyy is a member. The complainant also states that recently his attention was called to the testimony given by Alvinza Hayward in the trial of the case of Fox against the Hale & Nor- cross Mining Company,that his brother was_jointly interested with Levy in the profits derived from the milling of the ores of that corporation, profits amounting to $30,000. He states that just before his brother’s death there was a silver bottle in his room that had_been presented to him by J. C. Flood. He believes Levy could roduce that bottle if called upon to do so. e declares that his brother owned a pearl pin and some diamonds and other jewelry which were taken by the defendant, who assumed the right to distribute them among the friends of the deceased. Another allegation is that the plaintiff’s brother was jointly interested with Levy in 65,000 shares of Hale & Noreross stock, and a certain promissory note for $50,000. The plantiffs demand that Levy be re- quired to produce in court all books and gnp_ers that may throw any light upon the usiness transactions of the deceased, and that a receiver be appointed to take charge of 'tthum pending the determination of the suit. oo o A NEW (HUROH INSTALLED. the Congregationalists Twelve Within This City. Last night another Congregational church was added to the eleven in this City and to the 5000 in the United States. It is a little wooden building and stands on Green street, near Pierce. Hereafter it will be known as the Pierce-street Congre- gational Church. In 1887 the lot was bought for $3600 and the building erected, the necessary funds being almost entirely furnished by Stephen S. Smith, deacon of the Plymouth Congre- | gational Church and publisher of the Pa- cific. Not until last April, however, did | the congregation organize as a church, and then a petition was sent to the existing Congregational churches of the City re- questing memhership. Before that time the little building served the purpose of a | chapel, in which different pastors were in- vited to preach. But since then Rev. Philip Coombe has been the pastor. At the conference last night there were Ee:presentatiws from nine churches 1n the ity: First Congregational—D. Gilbert, delegate. Plymouth Congregational—Rev. Dr. W. D. Williams, pastor, and S. F. Bufford, delegafe. Third Congregational—Miss C. Parker, dele- | Now Have ate. s1-‘om-th Congregational—Rev. F. Flawith, pastor. bethany Congregational—Rev, Dr. W. C. Pond, pastor, and Deacon C. H. Coggin, dele- ate. E'Glivet Congregational—Paul E. Arndt, dele- ate. Ocean View Congregational—Rev. T. H. Hen- derson, pastor, and H. Plath, delega te. Bethiehem Congregationai—Rev. W. H.Tubb, pastor, and Miss ub%, delegate. Richmond Congregational—Rev. P. Coombe, pastor, and Miss Alice Guthrie, delegate. Park Congregational—Rev. J. A. Cruzan, pastor, and Deecon Spring, delegate. In addition to the regular delegates and the members of the congregation, there were present by _invitation Professor George Moar, Rev. Walter Frear, Rev. J. K. Harrison, superintendent of the home missions of this State; Rev. H. H. Wickoff, Reyv. John Kimball, editor of the Pacific, and Joseph Lee of Berkeley The ceremony of receiving the new church to membership consisted simply in an unanimous vote to that effect by the delegates and pastors in attendance. After that the programme arranged for the occa- sion was carried out. There wasa prayer by Rev. J. A. Cruzan; a sermon by Rev. Dr. Moar on the loving relations of hus- band and wife and the love that should exist in the church for the church; the ex- tension by Rev. Dr. Williams of the right hand of fellowship from the churches of the United States to one of the members of the new church; and a prayer of recogni- tion by Rev. Dr. Pond. AT THE HUMANE SOCIETY. Mrs. Croft Says Her Husband Refuses to Pay Alimony. Mrs. Helen Croft of 858}4 Folsom street complained yesterday to the Society for the Prevention of Cruelty to Children that though her husband, who was divorced from her in 1893, was ordered by the court to pay her $25 a month alimony for the support of herself and their three children, he has never paid her a cent. Her attorney, she said, refused to push the matter against her husband unless she paid him a fee, which she was unable to do, although, according to her, he had agreed to procure her a divorce and its in- cidental benefits for a contingent fee of $50. Secretary McComb referred the case to Judge Hebbard, who made the order of divorce and alimony. The society has undertaken to look after the two Maguire children—Rose, 5 years old, and Peter, 2 yvears old—living at the Anita House, 31 Hunt street. Theiriather, John, a boiler-maker, has been for some time withoutemployment and has recently disavpeared, and Secretary McComb_says their mother neglects her children and that she will be prosecuted if she can be found. The Wallace circus asked the permission of the societ; for swo Japanese attaches, Shou and Tonka Kishiluna, 16 an 13 . years old. respectively, and a 15-year-old girl, Maud Livingston, to perform the parts for which they are down on the circus programme. It was refused, sixteen years being the age limit under the laws of this State, and the age of Shou and Kishiluna being not quite certain. —————— WENT SUDDENLY BLIND. A Sad Affliction Befell Mrs. Levinsky ‘While Weeping Over Her Husband. At the Masonic Temple yesterday Mrs. Mathilda Levinsky, while weeping over the lfia_d% of her husband, John, went totally ind. The deceased, who had been ill for some time, died in Stockton August 8, and since his death the widow has suffered from an affection of the eyes brought on by weebing. Mr. Levinsky was 73 years of age. ——————— Insure Your Title. No person should buy real estate without having the title examined and insured by the California Title Insurance and Trust Company. Its guarantee will save a world of annoyance and trouble and protect the purchaser and his heirs forever from defective instruments on record. Office: Mills Building, L. R. Ellert, Manager. - Mrs. Worthington’s C: The arguments in the Worthington trial were begun yesterday, and the case will be llven‘t’?&hokntn—d{r. JAPANESE COOLY LABOR, An Agent of the Kobe, Japan, Employment Company in Town. READY TO FURNISH MEN. Hamano Studying the Labor Market With the View of Sending Coolies Here. Among the cabin passengers who ar- rived a few days ago from Victoria, B. C., on the steamer City of Puebla, was K. Hamano, whose name proclaimed him to be a subject of the Mikado of Japan. For aday or two he was a guest at the Occi- dental Hotel, but now he is staying with a countryman of his named Mauryama, who keepsa Japanese lodging-house on Bran- nan street, near the Pacific Mail dock. Hezmano is educated and of the better class of Japanese. His presence on this coast has much sig- nificance. He is an agent of the Emen Kabushiki Kwaisha of Kobe, Japan, a cor- poration the business of which is to send Japanese to the United States. It is tothe Japanese what the Six Companies are to the Chinese of this coast. This company was first prominently called to the atten- tion of the public during the recent Japan- ese cooly labor investigation held by the Labor and Immigration Commissioners. At that time it was shown that the com- pany was sending hundreds of Japanese coolies to this coast. For a fee of about $16 the company furnished the immigrant with a passport, schooled him as to what he should say when questioned by the United States immigration and customs officers, and guaranteed to keep him in case he was unable to find employment in the United States. More than that, the cooly was assured in writing that in the case of his being sick he would be provided for by the agencies here and sent back to his home if necessary. This guarantee indnced hundreds of Jap- anese to come to California. Mr. Hamano is here in the interest of this compaay and to see what the inducements are to in- crease the emigration of coolies from Japan. As he well knew it was much easier and cheaper to send laborers to Victoria, B. C., and let them cross the line into the United States, he visited Victoria first and spent a_month looking over the ground there. Then he came to San Fran- cisco. Hamano was not at ail reserved in re- fisrd to the objects of his visit to this City. e freely acknowledged that he was here to learn all he could relative to the lahor market of California and to see what the opportunities were for sending to this coast many hundred more Japanese labor- ers who desired to improve theirlot in life. In an innocent manner characteristic of his race he said he believed it was cheaper to send his countrymen into this State by the way of Victoria_ than directly to San Francisco. He will soon visit the orchards, vineyards and hopfields where Japanese are employed and there learn what will be the chances for work for the coolies he is desirous of sending to Cali- fornia at $16 per head. Hamano was highly gratified upon learning that of the 8000 Japanese in this State not one was idle, and that the de- mand for this cluss of laborers was_greater than the supply, particularly in the hop- fields and orchards. He has been so un- guarded as to state that he was able and prepared to send any number of his countrymen to California upon the promise that they would be provided with work. Hamano, however, is too shrewd to violate the United States contract law or lay any one liable, because the law can be evaded too easil DEATH OF JACOB ZILLIG An Autopsy Shows That It Was Due to a Fracture of the Skull. An Investigation and Suit for Dam- ages WIll in All Probabillty Follow. Jacob Zillig, who was injured Friday last by falling from a Mission-street car, died at his home on Jessie street Sunday. Yester- day the body was taken to the Morgue, wliere an autopsy was made by Dr. J.\L. Barrett. Drs. Hunt and Berndt were also present as representatives of the family. The autopsy showed that death was due to a hemorrhage, induced by a fracture of the skull extending from the left temple back five inches. It is not improbable that a suit for dam- ages will follow, based on the result of the autopsy, in which event the Market-street Cable Company and the City wiil appear as defendants. Eugene Zillig, the eldest son of the de- ceased, sai *'My father was injured last Friday while riding on a Mission-street car. e was carried to the Receiving Hos- pital, where the attending surgeon exam- ined his wounds. I say examined, though the antopsy proved that he merely looked at them. The physician stated that father’s injuries amounted to a few bruises and scratches, which he hastily cared for, and at 6:16 o'clock he insisted on sending him home, and to this fact more than the fracture of the skull I attribute his death. “‘The autopsy demonstrates more plainly than I can tell it that the present force of physicians at the Receiving Hospital are either incompetent or criminally care- less. We expect to bring suit for damages against the City and the Market-street Company, though it is too early to outline out plans. We are convinced that if the Eroper examination had been made by the ospital surgeons our father would be alive to-day and in no danger of death. The ambulance brought our father to the door, but none of the attendants offered the least assistance in getting him into the house. It is true that he was able to walk ortr:;]:her stagger dalohng, but that should not have prevented them from givi the aid in'their power.: Aot b e Cyclists Protected. An ordinance was passed by the Board of Supervisors yesterday declaring it a misde- meanor for any person to ‘‘place or throw upon reth of thletll'lfl-dn, lanes, byways, sidewalks or ridges o e county an: tacks or other material \vlzi'c)):ox:‘;l;fl.l:‘fi; :'T;: tend to damage r injure personal property of any kind, or tend to injure life or limb.” Per- sons violating the ordinance will be fined $100 for each offense, and 25 per cent of the fine, when coliected, goes to the officer making the arrest. Failure 10 pay the fine will be followed by imprisonment at thy ok SS e e rate ot one day for —— - Unknown Man Killed. While walking on the railroad track between Melrose and Seminary Park Sunday morning &0 unknown man was struck by the Haywards local train, receiving injuries from which he died soon aiter Receiv- ing Hogpital. being conveyed to the R S Mrs. Eyster Will Lecture. Mrs. Nellie Biessing Eyster will deliver & lecture at the entertainment of the Woman's %‘du:ltionll “fi Industrial Uninnhlto].QSi Vn} avenue t ] rigin of Political Sflenc@"’ eveniag on e Orig! NEW Tb-DAY. Sale Remnants | FRENCH KID BUTTON BOOTS Louis the Fifteenth heels, square and round toe, no tip; all hand-turmed Shoes. Have sold as high as eight dol- lars. Sizes 2, 214 and 3. o) $2.00 SR FRENCH KID BUTTON BOOTS Patent leather tipped, square toes, some turns, some flexible soles. All shoes that have sold from $§350 to $6. Sizes 2, 24 and 3. In the past ten days’ Shoe selling, during which our business was little short of phenomenal, there naturally accumu- lated a mass of remnant fots. These we have re= duced to a price that MUST act as a powerful lever to move them from our shelves. CHILD'S KID BUTTON Vici kid foxed, vici kid top, tipped; sold previously for §1 75, during early sale at $1 25, Bizes 8 to 1014, C and D g 93¢ CHILD'S KURD KID BUTTON ‘There is no need to describe the shoe. You know it’s the strongest, yet neat- est_child’s shoe ever made. Sizes 1l and 1134, 1 and 134; A width. $1.00 DTS CHILD’S RED SHOEN Spring heels, turns, Sizes 5 to 8. 796 S Kast's 738-740 Market Street “Bam- boozling.” *‘Papa, what is bamboozling ?"’ “For example; I went to a store and asked for STANDARD Shirts; the clerk, by clever talking, persuaded me to buy others; that’s a mild form of bambooz- ling.” “But if those you got were as good and cheap as the STANDARD ?” “They never are, my son; butaside from that, I wanted shirts turned out by home industry—made by men and women of 8an Francisco.”” Let all your Shirts—white, outing, pew cale, night—bear this mark: LUNDY'S JEWELRY-STORE For 20 Years at the Corner of Third and Market, is RENOVED T0 16 ELLIS ST, OPPOSITE FOURTH, Where Old and New Customers Be Welcomed. 18k WEDDING RINGS A SPECIALTY. BARGAINS IN WALL PAPER, ROOM TOLDINGS | AND WINDOW SHADES. Large Stock of Fine Pressed Paper at Less Than Cost. Paper-hanging, Tinting and Frescoing. 8il MARKET STREET. -JAMES DUFFY & CO. T GEORGE H. FULLER DESK CO. Is the Place to Buy DESKS, CHAIRS And All Kinds of i OPFICE FURNITURE ¥ 638-640 Mission St. win ROYAL Baking Powder. Highest of all in leavening Strengtht,—. s. Government Report. NOTARY PUBLIC. - CKABLES H. PHILLIPS, ATTORNEY-AT law and Notary Public, 838 Market st., oppo- ;’h‘:);mfi'lfl Hotel, Residence 1620 Fell st ’?fl.