The San Francisco Call. Newspaper, October 13, 1895, Page 12

12 THE SAN FRANCISCO CALL, SUNDAY, OCTOBER 13, 1895. END OF THE FAMOUS SCHULTZ-McLEAN SUIT - It Cost the Latter Ten Years of Litigation and Fees. FOUR APPEALS TAKEN. The Original Plaintiffs Were Once Millionaire Mining, Brokers. ONE NOW IN PAUPER ALLEY. The Other Tried to Commit Sulcide and Now Tends a Small Cigar-Stand. at the Supreme Court building in this City and down among the archives of the Superior Court of San Luis Obispo are a mass of musty records—complaints, amended complaints, answers, stipulations, orders of the court, decisionsand what not in the line of legal documents—ail bearing the legend, hultz vs. McLean.” They are the accumulations of ten years of litigation. It would take a week of Sundays to read thera all, and they would not repay, in human interest, the waste cf an hour’s time. Last week, October 9 to be exact, the Su- preme Court added another and the very iast document to this musty hoard. The case of Schultz versus McLean is ended. The document added by the Supreme Court is purely a technical one, upholding the lower court in revoking its change of venue, and defining the grounds upon which the revocation was valid. The opin- ion itself has gone to Los Angeles to be filed there, while a copy of it has gone to the printers. On the clerk’s book in this City there is only this simple entry: “Schultz v. McLean, judgment and order affirmed—Los Angeles.” A most prosaic announcement this; al- most as dry and commonplace as the rec- ords themselves, and on their face worth at most a’dozen lines in the daily prints. But there is a world of romance behind the musty records and a wealth of human interest in the bare words ‘‘Schultz vs. McLean” to those who can read in them the unrecorded history of those ten long years of litigation. The dry records themselves give no inkling of the fact that those who started the suit were once millionairesand are now very pcor men; they gmive but the barest hint of the long line of famous lawyers that have at different times appeared in the ¢ They are silent about the per- gonal enmities the different phases of the case have engendered among some of those known at the bench and bar of California, and reveal but scant glimpses of the fraud ana duplicity that actuated and kept alive, all these years, the case of Schultz vs. Mcla . Three times the courts of San Luis Obispo County have tried and adjudged the cause, and four times the Supreme Court has passed upon its merits. There are seven written decisions of the Superior and Supreme courts in the case, and al- most every one of them reverses its im- mediate predecessor. If an example of the “law’s delays” were needed—but none is. George Schultz and Henry von Bargen -were the original plaintiffs, claiming a vast tract of land in the Carissa Plains of San Luis Obispo County that is now worth about §200,000. To-day George Schultz is one of the many impoverished habitues of the stockbrokers’ bucket-shops, and can be found almost any sunny day in Pauper Alley. Henry von Bargen keeps a little cigar-stand out on Hayes street. Once these two men were millionaires and among the leading mining brokers of Montgomery street. They had immense dealings in the Comstock, and a balance in the Nevada Bank almost as great. That was before the suit of Schultz vs. McLean began. But the causes that led to it were then brewing. They began as early as July of 1878, when Schultz & Von Bargen, in the course of their Jarge dealings, became pinched for ready cash and were forced to borrow $10,000 from A. E. Davis. Schuitz & Von Bargen had previously invested some of their spare cash in a big plat of land in San Luis Obispo County. This was the Carissa Plains tract—very fertile, but remote from the railroad. Schuliz & Von Bargen bought acres at the Government price.. They bought it as a speculation, and to make it secure from possible creditors of the future they deeded it to Louis Schultz, a brother of the senior partner of the firm, who held it as a “naked” trustee for the partners. Along came the stringency of funds and the loan from Mr. Davis. The latter was not in the loan business entirely as a recre- ation, and demanded interest and security both. The interest was never paid by Schultz & Von Bargen, but before they ob- tained the principal they mortgaged the Carissa Plains tract to the obdurate money- lender. Mr. Davis, for one consideration or an- other, turned over his claim on the land to James B. Haggin, who bad a ranch ad- joining the Schultz & Von Bargen acres. Mr. Haggin had sheep on his land and had no fence aroundit. The ovines wandered across an imaginary boundary line and'eat their fill of the Schultz & Von Bargen grass, and therein lay the base for a dam- age suit by Schultz & Von Bargen against Haggin, which was never brought, but which bas ever since played its part in the decaae of litigation involving the acres of Carissa Plains. Well, the years rolled along, as years have a trick of doing. Father Time pointed his bony finger to the month of October, and the year of 1881. Schuitz & Von Bar- gen were still short of cash. Neither any of the principal nor interest of the $10,000 Jozn had been paid. Mr. Haggin had use for some ready cash—or did he wantto wipe out the imaginary line .which his sheep had crossed? History has no answer to this question, but it records the fact that Mr. Haggin, in this month and year, brought action in foreclosure against ZLouis Schultz and Schultz & Von Bargen for the satisfac- tion of his claim, which now amounted to nearly $26,000. Now then there enters into the drama of all these years Cornelius P, Robinson, who has been from the beginning one of the de- fendants in the case of Schultz vs. Me- Lean. Mr. Robinson’s friends speak of him as a gentleman of Oriental views. He was at that time one of the successful law- yers of San Francisco. He is a’son of the late Tod Robinson, one of California’s mostdistinguished attorneys. His brother is Crittendon Robinson, and his wife was a sister of -the late John R. Jarboe, and at the time he was a partner of Warren Olney and James K. Byrne, under the firm name of Robinson, Olney & Byrne. Schultz & Von Bargen did not want the boundary line erased on the map of the Carissa Plains, so they hired Robinson, Olney & Byrne to fight the claim of James B. Haggin. But the claim proved valid, and Schultz & Von Bargen stood in a fair way not only of losing their land, but of losing it to the very man against whom they had action for damages—or thought they had, because those sheep wandered into wrong pastures. It was better,to part with their land to a stranger and thus retain their rights for action against Haggin. They employed C. P. Robinson to find that stranger, and in order that he might be better prepared for this task they deeded to him the title of the Carissa acres. Robinson found the stranger in the per- son of aurass Valley mining man, George D. McLean. At first Mclean objected to investing in pasture lands. His business was mining, he had been successful at it and meant to stick toit. But Robinson painted these Carissa lands with all the glow of his splendid imagination, to the Grass Valley mining man, and the end of it was that Mr. McLean paid $26,000 in cash for 12,225 acres of land and a ten years’ litigation that has cost him the price of some of the best lawyers in the State. At first McLean was wary of the title, which was at that time rather a mixed quantity, and to straighten out this matter he employed his old friend from Missouri, Attorney Frank Adams, then an argonaut of San Luis Obispo.; The title was straightened out, the money paid to Hag- gin and the deed passed from Louis Schultz and George Schultz and Henry von Bargen and Cornelius P. Robinson to George D. McLean. Then the Grass Valley man went back to his mines, the sheep to the greenest hills, the brokers to their Com- stock deals, and Mr. Robinson to his large visions of future greatness. But things began to grow bad for the brokers; in fact, a peck of trouble was soon to come upon all these beings, except the sheep. First came the troubles of the brokers, financial troubles. At the same time there came along the boom in South- ern California lands. Carissa Plains acres, as prospective sites for large and flourish- ing metropolitan cities, assumed fabulous values—on paper—and the now-all-but- wrecked mining brokers began to regret their haste in parting with their pasture lands. They coveted those sunny acres and set about to regain possession of them. There began to be & lot of talk about trust deeds and one thing and another in connection with the sale to McLean. Schultz & Von Bargen demanded of McLean a release of the property, offering, of course, not only to pay back the $26,000 expended by him, but a handsome bonus as well. McLean maintained that he held the lands in fee simple and that he did not care to sell and would certainly not be bulldozed into it—those were his own words at the time. Schultz & Von Bargen then offered him $200,000 to release the deed. It is probable that had Mr. McLean been gifted enough to lift the curtain that hid the Southern California land collapse of 1889 from 1883, he would have pocketed his indignation and the $200,000 together and let the land go to the brokers. The land is worth nearly as much now, but some high-priced lawyers have had fees out of it—notably W. F. Herrin, Judge Gregg, D. M. Delmas, Judge McKinstry. Colonel Osmond and others—for ten long years, Schultz & Von Bargen brought suit to regain possession of the land, claiming that McLean had obtained it by fraud and beld it only in trust. Their complaint was filed in 1884 at San Luis Obispo. It was the suit which grew out of this com- plaint that the Supreme Court settled for- ever by its decision concerning a techni- cality filed October 9, 1895. Judge Waymire’s name was signed to this first complaint, as attorney for Schultz & Van Bargen. Attorney Van Ness was behind him all the while, but this did not appear until the case came to trial. C. P. Robinson was made a co-defendant with McLean in this suit and the com- plaint openly charged both these gentle- men with the grossest frauds. It was al- leged that Robinson had defrauded ome client—the firm of Schultz & Van Bargen— in order to enrich the other—George D. Mc- Lean. The case was tried before a jury in San Luis Obispo. When Attorney Van Ness then appeared as chief counsel for the plaintiffs and consequently as the author of those charges of fraud in the complaint there were, to put it mildly, consequences. Robinson and Van Ness were close friends. Van Ness in fact was under obli- gations to Robinson, it was said, at the time. Atany rate Van Ness kept dark un- til the very last moment and then there was an explosion and almost, if not quite, an altercation when the two lawyers met in the streets of S8an Luis. The only witness for the plaintiffs was George Schultz, who swore that before he transferred the deed to McLean Robinson told him that McLean had delivered to him (Robinson), and that it was then in Robinson’s safe, a contract in which Me- Lean agreed 10 hold the land only until a part could be sold for enough to repay his outlay to Haggin and 7 per cent interest. Of course, Robinson never bad such an agreement from McLean and the Supreme Court has decided that McLean never even agreed to make one. But the first jury that tried the case gave a verdict for the plaintiffs and Judge “D. 8. Gregory of San Luis Obispo wrote his findings to conform with the verdict of the jury. In this trial Robinson appeared as his own attorney and Attorneys Adams, V. A. Gregg and John T. Humphries ap- peared for McLean. Van Ness, Way- mire, Haggin and Dibble represented Schultz & Von Bargen. An appeal was taken and the late Judge J.P. Hoge and John Garber argued the merits of a technical point before the Su- preme Cours. Upon this technicality the defendant and appellants won and the case was sent back for another trial. In-the second complaint the charges of fraud and conspiracy were intensified and the personal feeling of the attorneys and contestants ran high. The case was tried before Judge James F. Green of Hollister and a jury in 1889 at San Luis. Again the verdict was for the plaintiffs. Schultz swore so well that the jury believed him. Again an appeal was taken, and again the higher court reversed the lower court, but this time the Supreme Court ruled on the merits of the case instead of a techni- cality and decided that there was abso- lutely no proof of fraud. Judge McKinstry and Attorney Van Ness argued for the re- spondents, and Delmas and Osmond for the plaintiffs. Judge Fox wrote the de- cision of the court the day before he went out of office. On a technicality the plaintiffs and re- spondents secured a rehearing of the case before the Supreme Court, but again the court, sitting in bank this time, found for the defendants. Its decision was twofold. That is to say, the decision overruled the judgment and order of the lower court as to the defendant McLean and sent the case back for trial. Asto Robinson’s appeal, that was taken under advisement. Meantime Schultz & Von Bargen had failed utterly and the case was carried on by the money-lenders for the benefit of their creditors. Von Bargen grew despond- ent and tried to commit suicde. He threw himself into the bay one afternoon, but was pulled out. He took no further inter- est in the case and had nothing at stake, no matter what the final verdict might have been. The third time the case was tried in the Superior Court of San Luis Obispo—Judge Williams of Ventura County—seven feet high and 340 pounds big, and as deter- mined and as straightforward and con- scientious as he is high and big—tried the case in place of Judge Gregg, who was dis- qualified by reason of having been one of McLean’s attorneys before his election to the bench. In order to have the case tried without delay the plaintiffs confessed error as re- gards the appeal of Robinson in the Su- preme Court. Then they applied for a change of venue to Santa Barbara County. Judge Gregg heard this motion and was disposed to grant it because of his own dis- qualification. He did grant it and made the order of transfer. Then Robinson came in and claimed the change of venue illegal, because he had not joined in it and had received no notice of it. On this showing Judge Gregg reversed himself and set the case for trial in that county before the big Ventura Judge. Plaintiffs then applied for a jury. Judge Williams denied this. He refused them further continuances and the case was heard and submitted to him—that is, so far as McLean was concerned. Robinson and McLean bhad both demurred to the complaint, but upon the demurrer being overruled Robinson declined to make fur- ther answer. Judge Williams decided the case for Mc- Lean, holding that there had been no shadow of fraud in the matter on the part of the defendants and that McLean was the owner in fee simple of the Carissa Plains acres. This time the plaintiffs became the ap- pellants. They went to the Supreme Gourt on the ground that Judge Gregg having originally granted a change of venue the trial before Judge Williams was invalid. W. F. Herrin was added to the attorneys for McLean in this last proceeding and D. H. Wettemore and Willlam M. Pierson now appeared for Schultz & Von Bargen— neither of whom had the slightest interest at this time in the outcome of the case. It is said that a gentleman named Loupe of this City has been supplying the funds for the plaintiffs for the last five or six years. He has lost a pretty penny, all told, whether that be his name or not, while George D. McLean tonsiders that he has paid a fancy price for those Carissa acres. STRATHMORE MORTGAGED The Question Asked: Is Al- vinza Hayward Execu- tion-Proof? SOME FRONT-STREET OPINIONS. He Has Deeded No Less Than Fifty~ Six Pleces of Property to Varlous People. Is Alvinza Hayward, the mining mag- nate, execution-proof ? That is the question which at present seems to be annoying the stockholders in the Hale & Norcross mine. If rumor can be believed he has asserted on several occasions that he would never pay a dollar of the Hayward share of the $210,000 judgment rendered by the Supe- rior Court and sustained by the Supreme Court. He has taken steps which would be rea- sonable grounds for believing that he pro- poses to carry out his threat. Since May, 1893, he has deeded mno less than fifty-six different pieces of property to various in- dividuals. The consideration named is in most instances but $10, but many pieces are valued at several thousand dollars. They are located in Horner’s Addition, the Western Addition and north of Golden Gate Park. Their aggregate value is about $200,000. Aside for these small deeds, executed for a consideration of $10, there are several mortgages, one of which, covering the Strathmore House, read: Alvinza and Charity Hayward to Hibernia Savings and Loan Society, August 24, 1895, northwest corner of Fulton and Larkin streets, 120 by 412:6, one yeer, at 614 per cent; $140,- 000. There is also an assignment of mortgage by Alvinza Hayward to the California Bank for $10,000. Many other deedsranging for $8000 to $1000 are on record, and the entire amount realized is in the neighbor- hood of §350,000. All of these things are causing the inter- ested stockholders to wonder what the eccentric Mr. Hayward will do next in order to get his property beyond the iron hand of the, judgment. Itis true, as a great many admit, that the sum of $350,000 is but a small portion of Mr. Hayward's immense fortune, but it is, nevertheless, causing a great many people to wonder what it all means. Is the owner of the famous Utica mine hard up, or is he going out of the real- estate investment business? Were it rot for the fact that the millionaire is inter- ested in a great many matters that concern the public generally, probably no one would pay much attention to his method of disposing of his property in any way that seems to suit him best, nor would they object to him giving it away if the notion struck him. FAREWELL TO FRIENDS. Unique Gathering at the Girls’ Training Home. There was a touching and somewhat unique gathering at the Girl’s Training Home, at 26 Hill street, last evening. The occasion was a farewell to the retiring matron, Miss L. H. Baker. Some of the friends of the institution were present, among them Mrs., Rosa M. French and Mrs. Gilley of the board of managers. The evening was spent in singing and 5nmes and the inmates were cheerful un- er the influence of the recreation, but there were many tears when the farewells were said, for all are deeply attached to the noble matron and her capable assist- ant, Miss Mayme Holcombe, who will also leave for the East on Monday evening. Both ladies will engage in slum work in the East. Miss Baker will reside for the g{gunc at Atlantic Highlands, N. J., and iss Holcombe at Louisville, Ky. Mrs. L. B. Fisher will succeed Miss thecharge of the home. aker in Those Volunteer Sub- scriptions to Min- ing Stocks. OFFER MADE TO SPOTTS. Claim That the Colner Was Asked to Commit a Malfeasance. * THE SUPERINTENDENTS SIDE. He Says That the Congressman Is Mad and That His Accusa- tions Are ‘Lles.” Congressman Maguire returned from the East yesterday. Although he took this trip for the purpose of stumping the State of Delaware in the interest of the single tax advocates, what gives it the most local interest was his filing of charges against John Daggett, Superintendent of the Mint, with the Secretary of the Treasury in Washington. Mr. Maguire, in an inter- view yesterday, went into detail as to some of the charges and brought up some inter- esting new ones in connection with the relations between Mr. Daggett and Mr. Spotts, the coiner of the Mint, claiming that Mr. Daggett attempted to induce Mr. Spotts to commit malfeasance in office. Daggett was also interviewed yesterday, and declares that Mr. Maguire is mad. Mr. Maguire, in response to questions about the charges, said: “In regard to the charges which I pre- sented to the Treasury Departmentagainst Mr. Daggett I have very little to add to what was said to the representative of THE Cary in Washington. Mr. Daggett very naturally flies to the assertion that my attack upon him arises solely out of his failure to satisfy me with patronage. I desire to say at the outset that that is un- true and that I do not expect to either lose or gain patronage by his removal or retention. I have simply, as a public rep- resentative, brought to the attention of the attention of the government at Washing- ton charges of official misconduct on the part of Mr. Daggett which have been mat- ters of general notoriety and public scan- dal for a long time, and which from the facts within my knowledge I believe to be true. *If the administration, after investiga- tion, shall be willing to uphold Mr. Dag- gett it will be a matter of no concern what- ever to me. I will present to the repre- sentative of the Treasury Department who will investigate the matter the facts within my knowledge and the sources of my in- formation. My duty and my connection with the case will end there. ““If the administration can uphold him in the face of the showing that will be made I will be content to let the responmsi- bility rest with the administration. “As to the principal charges, namely that Mr. Daggett has willfully neglected his duty as Superintendent of the Mint for more than balf of the time during the last eighteen months, and bas given his time and attention when absent from the Mint to his private business; that he has traded places and contracts in the Mint for votes in the Legislature for the furtherance of his private ends and interests, they have aill been practically admitted by Mr. Daggett in forms that it will be extremely difficult for him to explain away. ‘A3 1o the charge that he has sold worthless mining stock in which he was interested to employes under him in the Mint, and that’ the latter purchased the stock, which had no standing in any stock market in the world, solely upon the theory that their places in the Mint would be safer if they purchased the stock than if they did not, this is shown sufficiently to justify the severest condemnation by Mr. Daggett’s own statements. “The public records show that the Santa Rosalie Mining Company was organized by John Daggett and six other men, most of them officers in the United States Mint -under Daggett, on the 4th of September, 1894, for the purpose of doing a general mining business in the republic of Mex- ico. Itscapital stock is divided into 100,- 000 shares of the par value of $1 each, which in the parlance of mining sharps ‘brings them within the reach of all.’ “Mr. Daggett found it necessary to make a public statement concerning this maiter on the 14th of April last, in which he ad- mits his participation in the organization of the company in question and the sale of stock to employes in the Mint, but he calmly assures the public that the pur- chases made by the employes in the Mint were purely voluntary, and that they were not sufficient in amount to be worth dis- cussing. Yet in the same statement he admits that after the 11th of December and prior to the interview $2400 had been col- lected of employes in the Mint upon such subscriptions. “Of course it is easy to say that the sub- scriptions made by the Mint employes to the stock of Mr. Daggett’s company were purely voluntary. I have no doubt but that upon the suggestion of Mr. Daggett or his representatives that he had such stock for tale there would be, especially on the part of the employes who regarded their positions as none too sure, a purely voluntary rush to secure enough of the stock to make them solid with the chief promoter of the company, who incidentally had the power to remove them from their Pplaces in the public service. B ‘“‘Assuming Mr. Daggett’s statement con- cerning this matter to be entirely true, and that nothing more could be proved against him in the matter, it would be ex- tremely daneerous to give that course of business on the part of a public officer controlling the employment and discharge of 200 employes of the Federal Govern- ment the sanction of the approval of the President of the United States. “If the conduct of Mr. Daggett, as stated by himself, can be ‘approved, then it will be in order for the Director of Mints or for the Superintendent of the branch Mint at Philadelphia to organize a corporation for the purpose of general treasure hunting and particularly for the recovery of the lost treasures secreted by Captain Kidd, and sell the stock to such employes under his control as may voluntarily purchase. ‘“There is another serious matter con- cerning Mr. Daggett's conduct, which has not been published, and which I see no present objection to stating, and that is, that. in his foolish effort to create a politi- cal machine, absolutely under his domin- ion, in the Mint, he has persistently, from the time of Mr. Spott’s appointment as coiner, endeavored to cajole and coerce Mr. Spottsinto an unlawful agreement not . to perform certain of his official duties as MAGUIRE ON THE CHARGES AGAINST DAGGETT, prescribed by law, concerning the appoint- ment of employes in the coiner’s depart- ment. Under the law the coiner is authorized and required to nominate all persons who are to be employed in the coiner’s departinent. Mr. Daggett him- self admitted to me that he had frequently offered to give Mr. Spotts certain places in the Mint on condition that MF., Spotts would waive his right to object to such persons as he, Daggett, might name for employment in the coiner’s department. After hearing that statement from Mr. Daggett I saw Mr. Spotts and had a talk with him about the matter. I advised him that under no circumstances could he make such an agreement; that the law not only gave him the right of nomination but impressed upon him the duty of pre- venting the employment of improper or unsuitable persons in his department; that the failure to exercise that power would constitute misfeasance in office and that an agreement with Mr. Daggett or anybody else that he would not exercise that power would be an act of malfeasance in office. “I am informed that there are a number of vacancies in the coiner’s department of the Mint, which in the interest of the public service ought to be filled, but the filling of which has been delayed by this unseemly controversy between Mr. Dag- gett and Mr. Spotts.” ““Mr. Daggett states that you have cer- tain patronage in the Mint. Do you de- sire to say anything about that?” was asked. “I have no patronage of any kind in the Mint, nor do I expect any either under Mr. Daggett or under his successor should he be removed,”” said Mr. Maguire. *‘No per- son has been appointed to any position in the Mint upon my recommendation. At the suggestion of Mr. Daggett I recom- mended two persons for employment in the Mint, and Mr. Daggett, after consider- ing the recommendations and his own promises for several months decided not to make the appointments. His refusal was & mere question of propriety with him, the only thing to be urged against his refusal being his volun- tary promise, which was, perhaps, im- vrudently made. He was under no obli- gation of any kind tome. I protested against his appointment as unfit and un- worthy, and I would not have thought of recommending anybody to him but for his own suggestion that he would make the appointments in question if I would recommend them. I did not feel justified in keeping deserving men out of places simply because of my adverse opinion of Mr. Daggett, when he offered to make the appointments on my recommendation. ‘‘As the best evidence that my charges against Mr. Daggett are based upon con- siderations of public duty and not of mere disappointment in the matter of patron- age, I refer to other Federal officers under the present administration who were ap- pointed against my opposition and protest, and from whom I have never received nor sought patronage, whose official conduct I have expressly approved and complimented to the departments in Washington because they have faithfully conducted their offices without public scandal such as would jus- tify it not require the presentation of charges. Mr. McCoppin was appointed Postmaster of San Francisco against my very strenuous objections, as strenuous as in the case of Mr. Daggett, yet I have fre- quently whenever the occasion has arisen and to his superior officers in the Post- office Department complimented him upon his diligence and fidelity in the public ser- vice and his excellent management of the San Francisco Postoflice.” Asked about what stand Senator White would take in the matter, Mr. Maguire said: ‘“As to Senator White’s position I have no knowledge whatever. I am not endeavoring to bring any outside influence to bear for the removal of Mr. Daggett, but will let the matter rest solely upon the charges and proofs. I have, therefore, not consulted with Mr. White nor do I intend to. Senator White protested, as I did, against the appointment of Mr. Daggett, and as Mr. Daggett’s conduct has not been better than we expected I do not expect the Senator to espouse his cause with any warmth.” LTS ASSAILS MAGUIRE. Mr. Daggett Says the Charges Are Untrue and Mr. Magulre Is Mad. Superintendent Daggett of the Mint was interviewed by a CALL reporter yesterday with reference to the charges made against him by Congressman Maguire. Up to the present time Mr. Daggett says he has received no official notification from the department at Washington that any charges have been prepared. “And that being the case,” continued Mr. Daggett, “I cannot think of making any statement relative to the official char- acter of the complaint as flashed to us over the wires. In fact, it would be dis- courteous to the department to discuss matters of which I have had no official knowledge. You can say, however, put- ting it on a purely personal ground as be- tween Congressman Maguire and myself, that the charges are lies. They are abso~ lutely false in every particular and detail. Ishall not only court but demand a rigor- ous investigation. Moreover, I want that investigation public. There is nothing to conceal. “As I said, I would prefer to have noth- ing said until I am officially informed of the charges, but I must say the con- duct imputed to mein that: dispatch is absurd. Any one, it seems to me, with half an eye must see that an obvious ani- mus lurks in every line. Itis palpable the man who preferred those charges is mad—mad clear through. It is a case of patronage instead of principle. Why, as to that mining company, I went into 1t as any other business man or miner with a few dollars to spend would have done, and there have been as many shares sold on the outside as in the Mint. As a miner, T will back a dollar against a hundred any time. I don’t see why, because I am an official, that I have not as much right to invest my surplus money as any other man. ‘“*Again, all that talk about trading pat- ronage is rot. I never traded an appoint- ment 1n my Iife, and the man who made the charges knows that is true. AsI said, it is case of mad. Patronage, or its lack. and not principle, animates those charges. But you understand that it would not be my place to give away the line of my de- fense, and you must excuse me from going into details. I shall have a searching, thorough and public investigation, how- ever, should the department take official cognizance of Congressmau Maguire's charges. All that can be said now is that they are lies.” Miss Little to Sing. Miss Carrie Little, daughter of Colonel W. C. Little, Mayor Sutro’s confidential agent, will sing at the First Congregational Church this morning. Miss Little has just returned from Germany, where she has been for several years under the direct care of some of the best vocal masters in that land. She issaid to possess a voice of rare sweetness and purity, - NEW TO-DAY—DRY GOODS. NOVELTY DRESS FABRIGS! NEW G00DS J UST OPENED! 100 NOVELTY FRENCH F PATTERNS (solid colorin < IGURED CHEVIOT DRESS £s) $7.00 Pattern 225 NOVELTY MOSCOW DRESS PATTERNS (rough effects) $8.75 Pattern 125 NOVELTY IMPORTED CHECKED BOUCLE DRESS PATTERNS (exclusive styles) = - - $10.50 Pattern 75 NOVELTY MOHAIR CORDOVA DRESS PATTERNS, solid colorings only $12.25 Pattern 150 GENUINE ENGLISH MOHAIR DIAGONAL DRESS PATTERNS (new shades and goods full 48 inches wide) 100 NOVELTY TWO-TONED = $14.00 Pattern MOHAIR DRESS PATTERNS (latest French novelty and exclusive styles) = = = $17.50 Pattern NEW TRIMMINGS! We will exhibit this week a most magnificent assort~ ment of NEW DRESS TRIMMINGS consisting of Spangled Passementeries, Black Jet Yokes, Colored Yokes, Mourn= ing and Steel Passementeries, Fur Trimmings, also Fur and Feather Scarfs and New Buttons. £ We invite our city patrons to inspect the above goods at their earliest opport unity. ’ ° 111, 118, 115, 117, 119, 121 POST STREET. COL.A. ANDREWS, The Famons Diamond Palace, POSITIVELY RETIRING BUSINESS, FROM OFFERS HIS ENTIRE STOCK OF Diamonds, | Watches, Etc., —AT— ACTUAL COST. Sterling Silver, 95c Per Ounce. This Is an Opportunity Sel- dom Offered to the Public of San Francisco. BARGAINS!! FURS. New Styles in CAPES. Place. | ALARGEST ASSQR'I_'MENT. ARMAND CAILLEAU, 46-48 Geary Street, 'CORNER GRANT AVENUE. GRATEFUL—COMFORTING. EPPS’S COGOA BREAKFAST—-SUPPER. “BY A THOROUGH KNOWLEDGE OF THE natural laws which govern the operatious of digestion and nutritjon, and_by & carerul applica- tion of the fine properties of well-selected Cocoa. Mr. Epps has provided for our breakiast and supper | & delicately flavored beverage, which may save us many heavy doctors’ bills, It is by the judicious use of such articles of diet that a constitution may be gradually built up until strong enough to resist every tendency to disease. Hundreds of subtle maladies are floating around ns, ready to attack wherever there is a weak . boint. We may escape many a fatal shaft by keeping ourselves well forci- fied ‘with pure blood and a properly nourished frame."—Civil Service Gazette. Made simply with boiling water or milk. Sold SElxin haltpound tins, by grocers, labeled thita: JAMES EPPS & CO., Ltd., Homeopathic Chemists, London, England. ‘The most certain and safe Pain Remedy. In water cures Summer Complaints, Diarrheea, Heart- Cheapest NOT | sell many of our best lines at Half Price. OL'.’E_";RU t GBAZ’AARlE Corset— Try One of Our PERFECT FITTING Ravo G PN.( Corsets P.D. TRY OUR ~ A-BUTTON “Nitrami or Hosiery s All of our BLACK HOSE are HERMSDORF DYE And guaranteed not to crock. The line ig COMPLETE in all shades and at POPULAR PRICES. SPECIAL SALE DAYS. E— 95, Jucsday, Wednesday ana Thursday of each week we offer Speclal Bargains, and not infrequentiy ° our Window Display on ‘ SPECIAL SALE DAYS. A TADIES' GRILL ROON Has been established in the Palace Hotel N ACCOUNT OF REPEATED DEMANDS made on the management. It takestne place of the clty restaurant, with direct entrance from Market si. Ladics shopping will find this & moss @eslrable piace to lunch. Prompt service and mod- erate charges, such as have given the gentlemen’ @riliroom an international reputation, will preval 1n this new department. ‘burn, Sour Stomach, Flatulence, Colic, Nausea, No Percentage Pharmacy, 953 Market St