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

12 - THE SAN FRANCISCO CALL, THURSDAY, SEPTEMBER 12, 1895. ; W CERMAN HEIRS OF THE LUK ESTATE IN COURT, Suspension of Jesse| Sheldon Potter, the Executor. SEVEN YEARS TO SETTLE. Failure to Close Up Partner- ship Affairs Within the Time Limit. CASH FOR MRS. LUX'S LEGACIES Property Belonging to the Firm of Miller & Lux Valued at Twenty Million Dollars. The suspension of Jesse Sheldon Pot- ter, stepson of the late Charles Lux, from the position of executor of the Lux estate and the appointment of the Public Ad- ministrator of San Mateo County to act temporarily as executor, constitute the first steps in litigation involving the settlement of vast property interests in California. Proceedings of some kind were not un- expected, but the steps taken in Redwood City were a surprise nevertheless. Charles vears ago, leaving an estate val mately at $10,000,000. The property holdings of Miller & Lux, their | cattle on a thousand hills and their vast landed possessions were so intimately blended that the partners exchanged papers wherein it was agreed that in the event of the death of one the survivor should have seven years’ time to complete a settlement of partnership affairs. At the expiration of the allotted time after the death of Charles Lux, the surviving partner, Henry Miller, had not complied AT D ORI e = The Late Mrs. Miranda Lux. [ From a photograph.] with the terms of the agreement, and Mrs, Lux, widow of Charles Lux, began pro- ceedings in the courts to bring about the desired adjustment. Mrs. Lux was a very generous and char- itable lady, whose bequests for educational and philanthrepic purposes were larce. Her death and the conditions of her will, it is said, complicated the affairsof set- tlement. Since her death so many obstacles haye been interposed to delay final division of the estate that Henry Lux (a brother of Charles Lux), who came out from Ger- many shortly after Charles Lux died, now comes in and asks that the power granted to the executor, Jesse Sheldon Potter, be revoked, Hearing the petition, the Pro- bate Court at Redwood City suspended Potter, and appointed the Public Admin- istrator of San Mateo County, James Crowe, special administrator. It is claimed by the legatees under Mrs. Lux’s will, and in effect asserted in the affidavit made by Henry Lux, that Potter, the deposed executor, is under the influ- ence of Henry Miller, and has neglected to discharge the trust confided to him. On the death of Charles Lux, March 15, 1887, one-half his holdings became legally the separate property of Miranda W. Lux, his widow, &s her share of the community property. The residue, after certain char- itable bequests had been paid, was devised by will to Henry Lux, his brother, and to various nephews and nieces known col- lectively as the German heirs. By the will the management of the estate devolved nominally upon his widow, upon Henr: Miller, his partner, and upon Jesse Shel- don Potter, his stepson, as executors of the will; but, by an agreement between the partners that the surviving partner should have seven years to wind up the affairs of the partnership, the entire man- agement of the estate fell, as a matter of fact, into the hands of Henry Miller alone. At one time Miller was cited by the Pro- bate Court to make an accounting of the partnership. He filed a statement with balances, but because a Probate Court has not jurisdiction to settle a partnership ac- counting a suit in _equily for an account- ing of the partnership was brought in 1891. This was a friendly suit brought by agree- ment, and Mrs. Lux and Jesse Sheldon Potter, as executors of the estate, were plaintiffs, Henry Miller having resigned as executor because he was the surviving partner. The suit remained a friendly one till 1893, when an amended complaint was filed, which charged that Miller had at no time since the death of Charles Luxat- tempted to wind up the a.lairs of the part- nership, but had continually extended the business and increased the firm’s holdings with a view of preventing such winding up. This suit is now pending in Judge San- derson’s court, and for nearly a year testi- mony has been taken in the matter before Referee Seth Mann. The attorneys in the case are J. H. Campbell and D. M. Del- mas, representing the German heirs; Eugene Garber and W. F. Herrin, repre- senting Henry Miller, and Garber, Boalt & Bishop, refresenting Thomas B. Bishop .ewis, executors of the estate da W. Lux. be taking of testimony before the referee it was developed that at the time of the death of Charles Lux there was in the partnership @ large balance in his favor, but at the present time there isa large balance in favor of Miller. There was an eement between the partners that a sh balance in favor of one of the part- ners ii left in the business should draw in- terest at 7 per centa year, compounded monthly, and it is claimed that Miller so managed the funds of the partnership that the cash balance was always in his favor. The firm owned 13,000 acres of land near Gilroy, and immediately adjoining this was Bloomfield farm, a part of the Las Animas ranch. It contained 14,000 acres, and was the separate property of Miller, but a portion of it was used by the firm as an offset for certain Baden real estate which Lux had put into the business, and the firm’s headquarters in that section were at Bloomfield farm. There was tes- timony to the effect that up to Lux’s death Miller managed personally the rest of his Las Animas property, renting it out per- sonally, but soon after the death of his partner Miller, as an individual, leased to Miller as a surviving'partner of the firm of Miller & Lux the whole Las Animas tract. The rental was fixed at$45,000 a year, pay- able semi-annually, and that rental was credited on the books as cash and made to bear the agreed interest of 7 per centa year compounded monthly. In addition, it was given in testimony that many permanent improvements on Bloomfield farm have been made since the death of Lux and the subsequent lease of the property by Miller to the firm. A | large house suitable for a country resi- dence has been erected at a cost of nearly $40,000, and one of the finest orchards in the State has been set out. As o Henry Miller’'s method of hand- ling the business since the death of Lux, attorneys in a position to know the facts state that he enlarged the business and kept the money invested, purchasing $250. 000 of Oregon land at one time, so tha there never was on hand money enouch to pay the family allowance of $2500 a month granted Mrs. Lux by the court. They add, too, that, inas- much as Mrs. Lux, relying upon that allowance, expended her private means on kindergartens and other charities, she suf- fered much for want of money dufinf the last months of her life. Recently, how- ever, Miller being exceedingly troubled by representatives of the charities to which Charles Lux left bequests, gathered to- ether $100,000 from the partnership funds, fis]foi which went t5 himself, and with the other half paid most of the charitable be- quests of his partner's widow. The order of the Superior Court of San Mateo County suspending the executor reads: In the matter of the estate of Charles Lux, deceased. It now here appearing to_this court and to me, George H. Buck, the Judge thereof, from credible information, to wit, from the affidavit of Henry Lux, & competent witness, which affi- darit is now here read and filed in open court, and also from the sworn testimony of said Henry Lux that there is good reason to believe that Jesse Sheldon Potter, the sole remaining executor of the last will and testament of Charles Lux, deceased, is incompetent and un- fit to act as such executor, and has for a long time past wrongfully neglected and does still neglect said estate and his duties as such ex- ecutor, and has for a long time failed and neg- lected to perform any acts for the benefit of said estate, and has committed frauds upon saia estate and is about to commit.further frauds thereon; that he is an habitual drunk- erd and is specially incompetent by reason thereof; that he is grossly improvident and in- solvent, and by reason of all these facts is incompetent and unfit to act as such executor, and that the interests of said estate are being jeopardized by his continuing to act assuch executor. It is therefore ordered that ell the powers, functions and authority of said Jesse Sheldon Potter as said executor be and they are now hereby suspended until the matter and ques- tion of the competency of said Jesse Sneldon Potter shall be inquired into and determined by the court; and it is further ordered that no- tice of this order of suspension be forthwith given to and served upon said Jesse Sheldon “ Potter and that said notice be issued by the | Clerk of this court uder his hand and the seal of the court. It is further ordered that said Potter be cited to appear and show cause before this court on the 26th day of September, 1895, at 10 o’clock A.M., in the courtroom thereof in Redwood City, county of San Mateo, State of California, whY his letiers testamentary should not be re- voked; and it is furtherordered that this order be entered upon the minutes of this court. Jesse Sheldon Potter is quite well known in San Francisco as 2 man who fancies horses and spends money freely for equine style and speed. He is rated as a generous high roller, who has many friends and ad- | miring acquaintances. The admiration for his style of living 1s not restricted to one sex or one circle, The will of Mrs, Lux provides that her son, Jesse Sheldon Potter, shall receive $100,000, and further provides that he shall have as long as be lives the income of all he property remaining after the legacies have been paid. Under the will the sum of $50,000 is bequeathed to Jesse Sheldon Lux Potter, the grandson of the testatrix. Among the charitable bequests made by Mrs. Lux and yet unpaid are these: San Francisco Protestant Orphan Asylum £5000. 0ld People’s Home $5000. Pacific Hebrew Orphan Asylum $5000. sl for Children and Training School rses $5000. ornis Home for Feeble-minded Children £5000. Associated Charities of San Francisco $5000. United Hebrew Charities of Chicago $1000. One clause of her will directs that her trustees shall provide liberally for the sup- port and maintenance of her son, Jesse Sheldon Potter, and her grandson, Jesse Sheldon Lux Potter, and to do this before paying any of the legacies, and to thatend she authorizes the trustees to borrow money on the credit of the estate. WHY HE WAS REMOVED. Attorney .James H. Campbell Potter’s Attitude. S8AN JOSE, Car., Sept. 11.—The tem- porary removal of Jesse S. Potter from his position as executor of the estate of Charles Lux has created a decided sensation. The on petition filed by Attorney J. H. Campbell | is the result of the bitter contest which has been waged by the heirs at law to compel Henry Miller to arrange the affairs of the firm of Miller & Lux so that the estate of | his decéased partner could be distributed. James H. Campbell, attorney for the next of kin of Charles Lux, when inter- viewed in regard to the removal of Potter, said: “While nominally a plaintiff in the suit to compel Henry Miller to close the business of the firm of Miller & Lux Pot- ter has been continually acting in the in- terests of Miller. Whenever he has testi- fied during the progress of the case it has not been in his own behalf but in that of his employer. Potter was in the employ of Miller & Lux before his stepfather’s death, and has since been in Miller's em- loy. ‘Bince the death of Charles Lux he has spent at least $200,000, all of which was borrowed from Miller. Potter is under Miller’s control, and expresses himself as being periectly satisfied with the present | status of affairs, the partnership open and | the estate remaining unclosed. He is | standing directly in his own light, as ne | will ultimately receive the bulk of his mother’s property. | his removal from his position as executor | was an overt act of hostility in endeavor- ing to dismiss the attorneys for the execu- | tor, Messrs. Garber, Boalt & Bishop. A | few days ago he sent a letter informing them that_he wished to have Attorneys Page and Eels of San Francisco substituted in their Kluces. ‘At the hearing of the petition on Sep- tember 26 a great deal of evidence will be resented to show Potter’s incompetency, Miller has claimed right along that he was the hard-working member of the firm, and | apparently thinks that the whole of the immense business and land-holding of | Miller & Lux in all equity should go to | him. First he contended that he need not begin to settle up the affairs of the firm | before the seven years had expired; now, | after eight years, he says that he is ready | to_settle up when a reasonable price is offered. “He says that he is not willing to lose on the transaction, even.if the others are. Miller’s policy has not been one of con- traction, but of expansion. He has been extending the business at every opportu- nity since the death of his partner, the founding of the town of Los Banos being one of hisventures. During Lux's life- time Miller was the outside man of the firm. He looked up profitable invest- ments. and Lux, who was a great finan- cier, furnished the money. People who knew both men say thgt Miller's business sagacity would have amounted to little without Lux’s ability to raise the neces- sary finances. “The heirs complain that Miller con- ducts the business without any authority. He pays no dividends and allows them no voice in the management. He has made no arrangements with them and insists on going on alone. During the litigation three of the original heirs, Mrs: Lux, the widow, George Lux, a brother, and Mrs. Dorethea Rohrrig, a sister, have died. The remaining original heirs are old peo- ple and should have their share of the es- tate aut once. If they do not receive it soon they will never have the benefit of it. | That is bow the matter stands.” THE BLASTING STOPPED Judge Hebbard Decides for the Residents of Tele- graph Hill. Removal of Condltlons That the Judge Says Could Not Exist at Nob Hill. A decision that blasting on Telegraph Hill must be prohibited was rendered by Judge Hebbard yesterday in the case of B. Pos, a property-holder, against the Gray Brothers’ Artificial Stone Paving Com- pany, and an injunction in accordance with that decision was issued. The objections that the residents of the Hill have had for three years past to the blasting are well understood, and these objections were set forth in the case. Mr. | Pos declared that his house would fall over | the precipice if much more rocks were | loosened. Judge Hebbard wentup to the Hill to see the situation for himself when the case was on trial, and he remained in one of the houses while an experimental blast was fire(ii. In his decision, Judge Hebbard said: As sgainst the positive evidence of many witnesses who are unimpeached, and who tes- tify in detail as to the annoying effects of this blasting, I cannot find that defendants’ con- tentions are sustained. The experimental blast does not seem to have been a fair test of the ordinary opera- | tions of defendants in the past, and therefore cannot be accepted as proof in good faith of what their future operations will be. . The court is aware of and regrets the fact that the injunction in this case will deprive defendants in this case of a useful and profit- able business in that locality, but as between them and the plaintiffand other residents of Telegraph Hill, in a case where the operations of the one result in the serious interference of the comfortable enjoyment of life and prop- erty by the other the law says plainly that thereby a nuisance is created. Certainly such conditions could not exist | mpon Nob Hill, and under the circumstances !lolm: case like this equity is no respecter of | T must therefore find that the defendants in | this case are and have been conducting the business of blasting rock from the side of | Telegraph Hill in such a manner as to seri- ously interfere with the comfortable enjoy- ment of life and property by the plaintiff and his neighbors, as” get forth™ in the complaint herein, und that such blasting does constitute & nuisance. Let the injunction issue as prayed for, to- gether with Jndgment for plaintiff against de- fendants for $100 damages and his costs. ———————— Judgment for an Attorney. | _InJudge Hunt's court yesterday, Attorney E. | L. Campbell obtained a judgment of $7500 against A. D. Brock, A. M. P. Brock, H. 0. Wel- ler, E. T. Barber, L. M. Stratton and H. V. Bur- | ner, for 1e§‘-| services in the case of these men | against J. W. Pearson, in 1891. NEW MUSIC FOR THE SALVATIONISTS. BARON FEIDOLFOON FITINGHOFF AT WORK IN THE ASSEMBLY- ROOM OF THE LIFEBOAT ARRANGING NEW MUSIC FOR THE ARMY. [Sketched from life at the Lifeboat by Nankivell.] Since the Baron Fiedolfoon Fitinghoff accepted the shelter accorded him by the Lifeboat of the Salvation Army uniil he can receive an answer to the letter written to his father in Stockholm, he has turned his musical knowledge to sccount and -will pay his debt of gratitude by writing new music to some words written for the occasion by one of the bards of the army. The Baron is accomplished on the piano, and 1s devoted to Clopin, Liszt, Rubinstein and Schubert. He improvises readily and is now at work on the following religious song, which will be set to entirely new musie, copies of which will be sent to all the posts in com- memoration of the Baron’s acceptance of the hand of brotnerly love, which to all appearances bo appreciates greatly. SING HIS PRAISES EVERYWHERE. Let strangers come from other lands, To sing God's praises here: Let all men join our falthful bands, “The day of hope is near. ©Oh, come to us across the sea Like lambs unto the fold. ¥or Jesus says come anf And hear my siory told. ‘The Star of Bethleliem shall shine Into thine open eyes, And make thy path through life divine, ‘Thive end a paradise. me* 8o lift your volces, sing the chorus, Let hozannas ring, And girdie all the world with song To Christ, who Is thy King. CHORUS. Sing his blessings, young and old, Pralse his perfect gifis to all; Sing o blessings yet untold, He will 1ifi those up who fall; Sing his blessings yet untold, e will lift those up who fall, “What precipitated the application for| STANTON'S RESOLUTION, His Proposition for a Reduc- tion of Rates Said to Con- tain a Joker. MR.. LA RUES ATTITUDE. He WIIl Oppose Dr, Stanton’s Sub- stitute as a Contradiction In Terms. The Board of Railroad Commissioners will meet this morning to discuss the Stan- ton substitute resolution introduced at the Jast meeting of the Commissioners. The | Commissioners are being closely watched | by a very large proportion of the people of California, for their action relative to a re- | duction in rates either pro or con is some- thing that affects every interest, directly or indirectly, in the State. Grain, as the most important commod- ity shipped over the lines of the Southern Pacific Company and also as the commod- ity carrying under the present schedules the most onerous rate, comes first to the attention of the Commissioners. Mr. La Rue, after a careful consideration of the question, in which the other two Commis- sioners upon their own published state- ments had no participation, proposed a re- duction of 15 per cent in the established rate on grain. Action on this proposition was deferred in order to give Clarke and Stanton time to study the situation and decide upon the feasibility of making the La Rue proposition an order of the board. In the meantime Dr. Stanton came for- ward with a substitute, in which he asks the Commissioners to resolve that: The present rate for the transportation of freights in California by the Southern Pacific Company and its leased lined be subjected to such an average reduction as, including all re- ductions made thereon since December 1,1894, shall equal an average reduction oi 25 per cent | | upon such rates as were in existence on said December 1, 1894. _After specifying the manner of appor- tionment in effecting the proposed reduc- tion the resolutions continue as foliows: Resolved, That the rates at present existing i by for the transportation of grain in Californ; the Southern Pacific Company and its leased lines, as established by grain tariff No. 2, and all subsequent amendments thereto, be and the same hereby are reduced to 8 per cent, and the secretary of this board is nereby directed to prepare a schedule of ratesin accordance herewith, ete. The intention of the resolution was not clear to a good many people and since its introduction by Dr. Stanton has caused | much discussion. One part of the substi- tute declares for an average reduction of 25 per cent “‘on the present rate of charges for the transportation of freights in Cali- fornia” and in another part a certain com- modity is specified upon which the reduc- tion is to be ‘8 per cent.” In general terms Dr. Stanton declares for an average reduction of 25 per cent, but the actual reduction appears really a reduction on La | Rue’s proposed cut from 15 to 8 per cent. | It is urged that it is not easy to see how | reducing a proposed reduction from 15 to 8 | per cent on a certain commodity effects an | average reduction of 25 per cent on rates of | transportation. The term “average reduction’ is said to be entirely misleading as used in the reso- | lution. Itiseven claimed that an average reduction could be made without effecting in any way the actual returns from trans- portation of the Southern Pacific, and for specific example the following is given: The rate on a commodity of which the railroad company hauls but a nominal quantity might be reduced 99 per cent, while the rate on a commodity of which the .company handles a vast quantity might be reduced 1 percent. Here, itis contended, would be an apparent average reduction of 50 per centon the two com- modities, but in reality it would be no re- duction at all, for the revenne of the com- pany would not be affected in the least, nor would the manipulation afford any re- lief to shippers. Dr. Stanton states that the La Rue re- duction is not sweeping enough, and yet he offers as a substitute a resolution made up of a general declaration of intention relative to rates in general and a proposi- tion to lower the percentage of reduction on a specific commodity. Mr. La Rue admits that the Stanton substitute is defective and misleading, for the reasons stated above, but what his ac- tion will be in the event of his own anm- sition being tabled he declines to say. One thing is certain, and that is that La Rue will strenuously oppose Stanton’s substi- tute. What Clark will do remains to be seen. Dr. Stanton declined to be interviewed yesterday on the subject. SR THE RAILWAY WILL FIGHT. If a Reduction Be Made on Rates the Company Wil Go Into Court. The Southern Pacific Company will not submit meekly to the dacision of the Rail- roud Commission in case the rates in Cal- ifornia are cut down. Even a general re- duction of 8 per cent will be fought per- sistently with all the power that the rail- way corporation can throw into its case. So much was gathered yesterday from a conversation with Attorney Herrin, the head of the Southern Pacific law depart- ment, on this question. He said that there was a decision of the United States Su- preme Court on precisely the same matter in which the railways of Texas were vic- torious. That decision would apply to the local situation in the conflict between the State Board of Railroad Commissioners and the Southerh Pacific Company for a reduction of freight rates, as the same con- test was fought some years ago in Texas, and the State commission in that case was vractically defeated, while its constitution- ality was not impugned. Mr. Herrin would not say that he had determined to take the matter into the courts, although his language left no room for doubt. ‘‘You will take the case -into court?”’ he was asked. . ““‘Well, it is time enough to cross a stile when you come to it,” was his diplomatic re{.ly. 5 he Texas case n}?psnrs in volume 154 of the United States Reports, and is entitled Reagan vs, the Farmers’ Loan and Trust Company. The decision is a very long and full document in which the Texan Railroad Commniissioners were restrained from fixing rate tariffs for the Gulf, Colo- rado and Santa Fe, the Texas and Pacific, International and Great Northern and Tyler and South Eastern railways. It was given on the grounds of constitutional rights of property, which would apply to the local situation quite as well as’ the Texan case. A Mixed-Up Fight. John T. Brennan, foreman on & contract for laying bituminous rock pavement on Fell street, near Baker, swore out warrants in Judge Low’s ccurt yesterday for the arrest of James Kelly, a timckeeper, and John Unsworth, painter, on the charge of battery. Kelly and Unsworth were in a buggy on Tuesday night and drove over the unfinished pavement. Brennan remonstrated with them and they as- saulted him. E. Lennon, s fireman with Engine Company 80, went to Brennan’s assist- ance, when he was thrown down and had both bones of his left leg fractured. Kelly and Uns- worth were arrested for being arunk and for malicious mischief. Lennon will also prefer charges against them. ————————— Free This Week. 12 BIG PRESENTS—ONE GIVEN WITH 3 Each Pound of Our EXTRA VALUE 50-CENT TEAS. GREAT AMERICAN IMPORTING TEA CO.’8¢ 62-68 Market street, S. F., Headquarters. BRANCH STORES EVERYWHERE. NEW TO-DAY—DRY GOODS. N ——— New Things Are the Only Wecome Ones Here here. Two Pretty Bonnet Specials! INFANTS' AND CHILDRENS' FAN CY SILK POKE B NETS, full crown, colors red, (37.00 navy blue and brown, a good — | $1 50 value, special .. Each | INFANTS' SILK BONNETS, all- | over embroidered crown,' fine 5 ()C | ruche all around front, a 75¢ value for ... we.. Each Ties and Gloves. ALLSILK WINDSOR TIES, full length. in prety color: 10° Each 6-HOOK FOSTER KID GLOVES, R0 in tans, browns and blac} sl New Fall Underwear. LADIES' UNION SUITS, the most popular_style made, button on shoulder, natural gray_color, hal($1.50 wool, half cotton, Jersey ribbed, Dl — £00d Weight. Suit, LADIES' UNION UITS, /3 wool, | 3/ cotton, fine quality, white or$1.90 gray, high neck, long sleeves, s ankle length, price. Suit Hosiery. BOYS®’ AND YOUTHS' BLACK COTTON HOSE, corduroy ribbed, heaviest quality made, sizes 7 10.... 25° Pair {|| LADIES' BLACK COTTON HOSE, | made of real Macco yarn, extra | fine quallty, high spliced "heels, QT double sole and toe, a 40c value Palr Our Hoslery Stock Is Now Very | Complete. | ——— FOR CHILDREN. SPECIAL—CHILDREN'S CHATRS and ROCKERS, painted red. 25° Each CHILDREN'S CHA IRS,painted red, c each... - 20 . You are paying more elsewhere. MEN'S TECK TIES, small knot, large and small ends, light and dark colors, almost everything excepting plain black, worth 25¢ each, special price. P Follow the crowd and youw'll find the right trading place. Ha : [INCORPORATED] 937,939, 941 MARKET STREET, San Francisco. 12:° Each INCORPORATED. S Silks. Thoughts of the wisest thinkers- find fullest—very often ex- clusive—representation here. 19-INCH FANCY SILKS, in 85 new shades, every fancy satisfied 45° 5 Yard 21INCH BLACK FIGURED TAF- /=0 FETA SILK at prices to maksa | O speedy change of ownership. Yard BPECIAL VALUE IN NEW TAF- FE silk, 19 inches wide, ele- 75C gant design’ half a dozen lines to select from < Yard FANCY CLOUDED STRIPE (()C PEAU-DE-SOIE silk. beautiful 4 color effects; special at. .. Yan FANCY SILKS — We have many lines entirely new, 20° inches In_exclusive Gesigns and @] .00 lorings, our own bringing @ L — IR LR < For Up=-to=Date Dress Goods Go to Hale’s. Everything that ought to be here is here and at popular prices. Ton 90° SWELL DRESS STUFFS in the rough eflects in exclusive de- Yard 50° Yard signs and fancy colorings. NEW AND EXCLUSIVE DESIGN In 37-inch worsted suitings. new colorings; 5 lines to select from... ALL-WOOL FRENCH SERGE, 36 9O1C inches wide, all colors and black, &2 good quality. S A Y ALL-WOOL GENUINE SIORM 950 SERGE In navy blue only, 38 D inches wide. R e Good Linings don’t cost any more. Be up to date by knowing where to buy. (INCORPORATED) 987, 939, 941 HARKET STREET, SAN FRANCISCO. COMFORTERS, bright Chintz cover- . ALL-WOOL BLAN An inspection will prove to any well-posted buyer that there’s a decided advantage in buying It’s here==it’s undisputably here--that you get the grandest returns for your money, and JUST NOW THERE’S MORE THAN USUAL GOING ON OF INTEREST TO WOMEN. Domestics. Our best advertisement of this department 1s the thousands of satisfie¢ customers. UNBLEACHED CANTON FLAN- T° NEL, very heavy and worth 123j4c a yard.. .- Yard INDIGO BLUE CALICO, best qual- 5¢ ity, guaranteed fast color: iy VERY SPECIAL. DUCK SUITINGS, 28 inches wide, new designs, best qualit terns, they ares 1C e Here's a Fow Suggestions for Cooler Nights—About Onc-quarter Saved From vrdinary Prices. COMFORTERS, wrrauted good col 1] .00 “Each .23 ing, fancy colored linin; $1— cotton filled... Each ton filling, Sateen covered, red lined, price.. E - Great Blanket Selling Here This Week. Are you supplied? Great, big, generous blankets, not a stingy one In the stock. We are selling blankets pound for pound pure wool, as only those who deal direct with the miils can. When you compare two blankets think of the weight. See show-windows. ALL-WOOL BLANKETS—There’s 10 per cent of cotton in these— Sizes, 58x78 inches .per pair $4 00 Sizes, 66x80 inches [per pair $4 50 When we say all wool they are, and the soft, springy, light kind— Sizes, 66x80 Inches .per pair $5 00 per pair 5 50 _per pair $6 00 per pair $7 00 _per pair $8 00 _per pair $9 00 white S— _per pair $485 _per pair $6 00 ‘per pair $7 00 _per pair 87 50 CURTAIN SWISS, an unusual good ] 910 vaiue, 36 inches wide, dots and L ar day occurrence. At Halt-price ot an every 1 TOWE ve a job 1ot of Bieached and Unbleached TURKISH TOW- ELS: tney are slightly soiled; to they are values from 10c to $1 each, closing-out pric 987,939, 941 MARKET STREET. San Francisco FIGHTING FOR THE WATER, George W. Grayson Begins Suit to Recover His Lost Rights. The Question Involves the Divert- Ing of the Humboldt River in Nevada. | ] BEEIEEES SORS George W. Grayson has brought suit in the United States District Court of Ne- vada to recover the use of the waters of the Humboldt River, or rather that por- tion which traverses the western part of impending suit, and for that reason alone it is of absorbing interest. HIS DEATH ACCIDENTAL, Verdict of the Coroner’s Jury in the Case of Samuel G. Palmer—Other Inquests. Coroner Hawkins conducted four in- quests yesterday. The most important was the inquisition into the cause of the death of Samuel G. Palmer, who was killed by a falling wall on September 6 while employed in helping to tear down the old City Hall building. He lived at 1468 Fiith street. An eye- witness of Palmer’s fate, Gus Schwartz, testified that the foreman of the work, J. S. Harrington, ordered Palmer to under- mine the wall after repeated efforts had THE LCCATION OF PLAINTIFE’S MAP SHOWING HUMBOLDT RIVER, EUREEKA COUNTY, NEV, AND AND DEFENDANTS’ PROPLRTY. Eureka County. The defendants in the suit are Joseph McConnell, John Hoven- den and Charles Robinson, owners of a ranch of 100,000 acres, bordering on Hum- boldt River. In California and other Western States the irrigation laws are so constructed as to -| equally distribute the waters of any stream for irrigation purposes. In Nevada, how- ever, this is all different. The law makes it a case of “‘first come, first served,” and that the present suit, involving millions of dollars, is brought. The law of Nevada says that the first settler shall be privileged to divert to his own use as much water of a given stream as he can find use for, the only condition being that the amount to be consumed annually must be named at the beginning. If a rancher put in a claim for one-fourt| or one-half of a given stream, that is all that he can ever ofle to secure, no matter how much more he could later on use profitably. = Those following the first settler are privileged to divert to their own use as much water as it pleases them, pro- vided it does not encroach on the amount granted to the first settler. Mr. Grayson secured a tract of 10,000 acres in Eureka County and constructed a dam across Humboldt River, immediately above his ranch, for the purpose of using such part of theriver as had not then been taken up. Some years later the defendants purchased a tract of 100,000 acres below his property and constructed a dam above the one built by Grayson. From this dam an immense ditch was built, completely di- verting the waters of Humboldt River to the ranch below. The ditch is nearly six miles long. In consequence of this action itis to decide the legality of this point | Mr. Grayson’s property was left high and a mupul? bl % omo!d'ollulmatminthel been made to pry it over. Deputy Coroner McCormick warned Harrington of Palm- er's danger, but received the reply from Harrington that there ‘“‘was plenty of room for more bodies at the Morgue.” “This Mr. McCormick corroborated, but Mr. Harring- ton told the jury that he made his remark purely in a jocular spirit and had not the slichtest desire to jeopardize Palmer's life, When Harrington was asked by the Cor- oner if he (Harrington) was under the in- fluence of liquor at the time, he replied that he did not know whether he was or not. A threat from the Coroner to have him committed to jail brought out a more definite reply, however. Harrington then said he was not, but his reply was couched in such a way as to convey the intelligence.that sometimes he was under the influence of ligoor or “other things.” The jury broughtin a verdict of ‘‘acci- dental death.” In the case of Otto von Ploennies of 1941A McAllister street, the German jour- nalist whose remains were found some- what decomposed in Buena Vista Park on the 4th inst., the jury found that he had poisoned himself with suicidal intent. A verdict of “‘accidental death’’ was re- turned in the case of M. T. O’Sullivan, who was run over by a truck near the ferries. Drniver A. G. Desmond said O’Sul- livan caused his own death by pumnghhil broom under the horses and causing them to start. The inquest on Henry Gardes of 817 Geary street resulted ina verdict that he shot himselt while temporarily insane. ———————— Tell-Tale Blood. Ah Ling, alias Lee Ling, was booked at the City Prison yesterday by Detective Byram and Policeman George Douglass on the charges of burglary and assault to murder. Ling ‘was the assistant cook in the restaurantof Mrs. Dora Reade, 432 Geary street, who was struck on the head with a hatchet about two weeks ago, while asleep, and had & satchel stolen_from underneath ber bed contsining $70. Livg’s shoes were found to have spots of blood on them, which he said was from chickens he had been killing, but Chemist Price has given his opinion that the blood is from & human being. AH WEE'S SHIRT. Charge Against Customs Inspector An- derson for Stealing It Dismissed. Frank Anderson, the Customs Inspector, appeared in Judge Conlan’s court yester- day morning, Justice Kerrigan presiding, to answer to the charge of petty larceny preferred by E. T. McLean, ex-Customs Inspector.. McLean claimed that he was the victim of a conspiracy which had for its object his discharge from_ the customs service. He had been dismissed on a charge by Anderson that he had stolen a shirt from Ah_ Wee, a Chinese, which was found under his coat, and he alleged that Ander- son had stolen the shirt and placed it under his coat. James McGuire and W. A. Sprague, Cus- toms Inspectors, testified that the Chinese had given McLean the shirt. The defendant, Anderson, testified that he had seen McLean take the shirts from the bundle belonging to the Chinese. ‘When the Chinese missed them he raised a row and McLean returned them. "Ander- son then saw him take a shirt from the bundle again and place it under his coat. Anderson pulled the shirt from under the coat and told McLean that he would re- port him to the Collector. Inspector G. A. Love testified that Ander- son showed him the shirt and told him that he had positive evidence at last against McLean. 8. J. Ruddell, Deputy Surveyor, testified to McLean having been dismissed from the service. Justice Kerrigan dismissed the case. In discussing bedroom sets the so deservedly popular Brass Bedstead must not be over- looked. They are not expensive in the long run—they last won- derfully well and with reasonable care look as well in later years as when you purchase them. We have a long aisle of them for you to walk through and select from. As to prices—just judge for yourself. 175 Page Catalogue Free. Carpets . Rugs . Mattlligs CALIFORNIA FURNITURE COMPANY (N. P. Cole & Co.) 17-123 Geary Street