The San Francisco Call. Newspaper, November 22, 1895, Page 4

4 THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 22, 1895. MADE A NEW RECORD Bald of Buffalo Went a Mile on a Quarter Track in 2:04. FLIERS ON THE WHEELS. Successful Opening of the Three- Days' Meet at Los Angeles. KISER CAUSED A BAD “MIX” Wells Was Tangled Up With the | Riders, but He Secured Third Place. erworld's Murphy of New on a quarter mile the world’s record | track 1 for a fou event were Bald, andall and | Cooper, and the pacing s by Ulbricht and Hatton. On the second lap Kiser, trying to jump the tandem, fell on the bank, Coope: + went over his wheel, and big isco giant, rode over Randall of Roches- ter in dodging the other three went clear over the k. Wells secured another wheel and won third v and Bald raced f Coope: n got it ightin behind him. The tandem over the track was wonderful to behold. Several times Bald and Murphy bad all they could do to stay with On the last lap Murphy -started his usuaf spurt and went past Bald, but after run- ning neck and neck in the home stretch Bald passed him and finished half a wheel to the good in the wonderful time of 2:04. The only other class B race was the two- mile lap, which was won by Emil Ulbricht, the “Flying Dutchman,” in 4:36 with seventeen points. W. Hatton was second with thirteen poi and Campbell of Spokane third with six points. one mile, novice, won by E. G. € isen, B. R. C., fourth, Time, novice, won by W. P. Ben- | ve second, A. Arvizu, Roem- | L. Lawton fourth. Time, | ass B, won by E. C. Murphy, Angeles, pen, cls C.; Charles M. r, Daston, | cond; W. .;C-8 an Tea, Los Angeles, thi fi . Time, 2 e, won by W.P. Bennett second. Time, 2:25 1-5. Time, 2:36 3 won by F. McFarland of San E.R.C., Los Angeles, sec- | . C., third. Time, Iyn, secound. for & qu Quarter-mile juvenile for five-year-olds, won by “Little Spot” Spooner of Chicago; “Little Crimson Rim” Knippenberg, Los Angeles, sec- ond. Time,1:23, the world's record for five- year-olds. Two-mile lap race, class B—First heat: W.W. Hatton and H. E. McCrea tied for first, J. M. Campbell third. Time, 2:19 1-5 Second heat: ht and Terrill tied for £ F. G. Lacy third. Time, 2:26 3-5. Third heat: Phil en, Los Angeles, and S i, Zion Wheel Club, Salt Lake City, . Slater, R. R. C., third. Time, ! " Final won by E. ‘W. W. Hatton secont Campbell A. Time, 4:5 First heat, handicap. class A, won by W.E. Delay, R. R. C., 25 yards; W. B. Vaughn, C. W 25 yards, second; W. Yeoman, 85 yards, third; D. E. Whitman, 15 yards, fourt! F. McFar- t 1and,S. J.R. scratch, fifth. Time, 2:24. Second heat won by H.Freeman, B.C. W., \ 15 yards; H. B. Cromweil, 50 yards, second; E. L. Weaver, R. R. C., 25 yards, third; W. H. Taylor, D. W., 25 , fourth; C. Hewezt, C. ards, 1-5. Final oman, E. 8 C. C., H. Cromwell third. The rest Ulbricht, with 17 point 4, with 13 points; J C., third, with 8 poi bunched Follow: eree, H. of the meet: Ref- rk,J. A. Kelly; starter, Will Knippenberg; assistant clerks, Carl Mc- Stay, Frank Pitner, C. Cowan; umpires, D. C. McGarvin, C. E. Patterson, Ed Pauley, J. M Russell; announcers, Wilbur F. Knapp, A. Hornbrook, Dr. H. Be Dr. E. C. Manning; timers, OF, E. E. Buckleton, L. E. W. Lordbeer, Walter Me- M. A. Baker, Phil Lyon. HUNTINGTON AT Sa ‘4 MONICA. Speaks Only Good Words for the Future Port of the South. SANTA MONICA, C. Nov. 21.—C. P. Huntington and party reached here this evening at5o'clock in the special of the president, immediately goine to Port Los Angeles, where they remained a few mo- ments, returning here, where the train was sidetracked for thenight. Mr. Huntington is much pleased with | the improvements here since his last visit, baving only good words for the seaside city and future port of the southern part of the State. They will remain over night and part of to-morrow . SUIT FOR SIXTEE. MILLION. Order to Take Testimony in the Case Against the Alantic and Pacific. ALBUQUERQUE, N. M., Nov. 21.—The United States Trust Company of New York got an order irom Judge Caldwell to-day against the Atlantic and Pacific Railroad Company for reference toa mas- ter in chancery of the testimony and facts in the case. The testimony will be largely taken in New York City. The ciaim of the bond- holders amounts to §16,000,000. SISt Hale & Norcross Investigation. CARSO Ev., Nov. 21.—Attorneys in the Hale d been in this city several daysinvestigating the relationship of the Bullion and EX- | h change Bank and the Mint with the Hale| November4. Very truly yours, & Norcross mine, finished their labors last Imbler second, Guy Rodgers; | Club had the right under their lease to Norcross case, who have been | piece about me tha! night and report everything all rignt and | nt. Charges were made during the st the bank and_its officials and nded an investigation, with the IRRIGATION NY FAILED, Citrus-Belt People Vote Themsclves Out of Business. SAN BERNARDINO, Carn., Nov. 21.— The Citrus-belt Irrigation district bas voted itself out of existence by a vote of 14 to 1. The reason for the disorganization of this company is that it has no water and never voted bonds. But it has a debt of about $9000. The San Francisco Savings Union hasa mortgage on all the property, and for this reason will pay off all warrants which may be outstanding against the company on the basis of 50 cents on the dollar. But before the Savings Union will agree to pay any warrants ail the creditors must agree to accept that percentage as full payment of their claims. The warrants are being placed in the San Bernardino National Bank to ve held inescrow until all deposits are made. e BGARD OF TRADE. Completed and Elected. AUBURN, Car., Nov. 21.—A Board of Trade was organized here last night, with the following-named officers: President, Charles Van Norden; vice-presidents—S. M. Stevens, W. A. Freeman; secretary, W. AUBURN Organization Officers A. Shepard; treasurer, D. W. Lubeck; executive committee—L. E. C. Jordan, James Borland, J. M. Lowell, George Allen, Fred Brye, J. C. Wooaard, J. C. The main object of the organization is the promotion of public enterpri THE DUCK-SHOOTING AR Cordelia Club Injunction Case Again on Trial at Suisun. The Defense Offers No Evidence and Will Rely on the Plaintiffs' Weakness. SUISUN, CaL., Nov. 21.—The case of the members of the Cordelia Shooting Club against forty-one defendants, which has been dragging along for a year in the Superior Court, came up again for farther hearing before Judge Buckles to-day. It is of great importance to sportsmen, par- ticularly those who shoot ducks over the marsh and overfiowed landsabout the bay. | In 1863 Kellogg, the president of the | Cordelia Shooting Club, wh: is com- posed of ten wealthy San Franciscans, leased 4000 acres of the Chamberlain tract near Suisun, and last year fenced in 3000 acres. On this they posted notices forbid- ooting over the land, ngs were not heeded. eal Club had its war wit Club the former to spite the latter ted all the local sportsmen down and told them that they co shoot all over any land about. The invitation was accepted and the visitors royally enter- ined. But when the two_ clubs patched up their differences the local sportsmen continued shooting over the preserves. Last December Kell sued out a tem- porary injunction against all the trespass- ers whose names could be ascertained and askea that it be made permanent. The trial of the case was begun several months ago and postponed on account of A, ess of one of the atiorneys. At time the direct evidence of Charles ]\ellugf (trustee) was introduced to shuw the facts alleged and the damage one. On cross-examination to-day he was questicned as to what other parties had leases for other purposes on the Cordelia Club lands. This indicated a point that will be made by the defense that while the Cordelia shoot on the grounds they had no right to prevent others; that, in fact, they were | wanting in autho: unaer the lease to | revent tres: i It transpired from Mr. Kellogg's evidence that the bag of four members of the club on the first day’s shooting this vear was 120 birds, of which two fell before the president’s gun. tenden, gamekeeper of the a Club since 1831, testified as to the ies he and his several assistants had to perform, one of which was to keep people from trespassing, ‘‘poachers,” he called them. Juage Gregory, for the defendants, objected to the use of the word poacher as an English importation. “That is what tais whole concern is,” he said, *an impor- tation of English customs, and that is why we are fightin Witness testified as to the particular de- fendants he had .seen shooting on the | grounds and as to the damage they did. J. A. Johnson, one of the men employed by the Cordelia Clab, testified, on cross- | examination, that in many ‘places the loughs were navigable for yachts of con- derable size. Similar questions were asked of the other witnesses. The point to be made is that if a slough 1s navigable any one has a right to go onit and shoot, even if he has not the right to £0 on the adjacent land. When the plaintiffs rested the action as defendant, F. Prother, was dismissed. The defense then stated that the only evidence they desired to offer was a lease for Smsmmge purpose of the Cordelia Club land to other parties. They are willing to rely upon the weakness of plaintiffs’ evi- dence and the law, Arguments were postponed till next z I!L Wednesday. The defense will'claim thatthe plaintiffs failed to prove a conspiracy between the defendants and that each was acting indi- vidually. They will slso claim that while the CordeliaClub had a right to shoot over the ground, they bad not acquired any right to prevent others under the lease. | 1 Fatal Accident Near Guerneville. SANTA ROSA, Car., Nov. 21.—A pecu- liar fatal accident occurred near Guerne- ville vesterday. An Italian lumberman named Bassolti was cutting down a big tree. In falling the tree struck astump that stood near. A piece of the stump was torown up, striking Bassolti on the head. causing instant death. Bassolti wasabout ears of age and unmarried. LT Robbers Traced at Redwood. REDWOOD CITY, Caf, Nov. 2L.— Snerifi McEvoy has t; the persons who robbed the Southern Pacific’ depot. They came up the creek in a boat ana live across the bay. Arrests will be made. An Echo From Humboldt. Here is a brief letter that will show the opinion of one of Géorge E. White’s ac- quaintances: BLOCKSBURG, Humboldt County, Cal. November 14, 1895 _To the Editor of the San Franci: You are exposin] and robbers in t assassins and ;;e urers around him all the time. Those who oppose you in this matter 1 have hesrd denounce him for everything they could lsy their tongues to, and I was surprised 10 see their names signed 10 & paper exoner- ating him in a measure. There is plenty of material yet for you to write up on G. E. White of Covelo. He owns or controls nearly every one in Round Valley. Those he cannot buy are afraid of him, with & few exceptions, an none will oppose him. If they do he will do them up in some way. My flag floats at the masthead and I wiil never haul it down. Will you please send me THE CALL of the 21st of Oc- Tover, or the paper in which you published & piece about him. I would like a copy of all the Papers that contain anything ebout him, for in seli-defense I will be compelled to publish & piece mysell. Clarence White has published a” is untrue and is apt to do me axn injury, and will have to be siraightened out. If he does not { will, through your paper, your permission. I have CaLL of ers eeps a band of D. T. WooDMAN. THE COVELOMURDERS A Protest Received From Friends of George E. White. DENY ALL ACCUSATIONS. The Littlefield Outrage Not Particularly Dealt With. PRESSURE BROUGHT TO BEAR. The Cattle King Characterizes “The Call's” Expose as “Absurd” and “Slanderous.” Some time ago TaE CALL published a re- port of the lynching of Jack Littlefield in Round Valley in this State. The cir- cumstances were of an unusual nature, and investigations made by representa- tives of this journal indicated the existence of an organized band of desperadoes in the mountains adjacent to Round Valley. [t was difficuit to fix the responsibility in all the unlawiul occurrences that have marred the history of tuat part of the State, yet some of the dastardly deeds that have been done in the dark were brought to light. So far as the statements heretofore pub- lished in THE CarL are concerned no ex- planation has yet been offered by any one implicated except by G. E. White, the so- called cattle king. His denial was general, vet, unsupported as it was by trustworthy prooi, it could not beaccepted as a credible presentation of his side of the controversy. His own prejudices have been known to sway him for so long that it was not to be supposed that he would be entirely un- biased. > Within the past few days two communi- cations have been received by THE CALL in regard to the subject of the disclosures made just after the lynching of Jack Lit- tlefield. These communications do not deal with the Littlefieild outrage, butina general way touch upon the past history of Round Valley, by implication throwing the blame for all the crimes of the past upon the shoulaers of cattle-thieves and others, whose names are not given. The most impressive document is from Carter Rohrbough, attorney-at-law, at Covelo. It is altogetner a type-written gs- per, the letter transmitting the same be- ing as follo CARTER ROHRBOUGH, Attorney-at-Law, Covelo, Cal. November 12, 1895. 70 the Editor of the San Francisco Call—SiR: I have been requested by numerous parties to forward to you for publication the inciosed protest, whicn speaks for itself. It is hoped thet you will publish it. If not it will be for- warded to other papers. Respectfully CARTER Although the ‘‘protest’” contains allega- tions unjustly reflecting on THE Carl’s representative who visited Round Valley and obtained from residents there the particulars that were given to the public, vet the *‘protest’’ is here printed exactly as written in order that those who wish to go on record In this matter may have an opportunity to do so. Tup-CALL speaks for all it cannot be said thaf these signers have been denied a hearing, bowever, dis- courteous they have been in wording their protest. In fact, some of the signers are notto be held accountable for the senti- ments there expressed, as from them Tur CarL has obtained some of the facts heretofore published in these columns. It is probable that very few of them would bave written such a diatribe, yet when urged to sign it nfluential citizens they have not had the courage to refuse. Itisa frequent saying in Round Valiey that it is good policy to follow the old rule, namely, *“When in Rome act as Romans would Following is the document sent by bough. be mentioned, in passing, that the Ronhrboughs, who appear to be plenti- fully sprinkled through the document, are near relatives of George E. White, and that they have never failed to do every- thing in_ their power to advance his material interests. CoVELO, Cal., October 29, 1895, of the San Francisco Call—SiR: appeared in THE CALL issue of the 20th to the 24th inst. a series of articles pur- orting to be a true history of the troubles in ound Valley, and the issue of the 22d edi- torially stamps it asa true statement. We ask space in your columns to say & more {aise end slanderoiis mass of stuff has never appeared in the press of this State than you have published tothe world. You say that you sent a special correspondent up here to get ihe facts of the matter. If so, he, being a stranger to these people, why did he not call on Judge McGarvey, Sem Wheeler, #| Mart Beatchtel, Senator Seaweil, J. A. Cooper, John Buckingham eand others, who are known to be among the best men in the State, and eet the names of men living here of standing and unimpeachable veraeity if you wished to get a true statement of the facts of the matter? But, no: your reporter came up here, called on & saloon-keeper, who has only been here a short time, and whose place is toe resort of the parties whom the good citizens have been trying to punish, for information in regard to our troubles, and his actions demonstrated that he did not look for the truth,but to forward some ulterior pur- se which you impute to the . citizens of ound Valley. Would the people and stock- men have paid hundreds of dollars out of their pockets aud spent their time to benefit one man? No, sir. Fifty-nine citizens and ranchers signed a statement, which appeared in the Dispatch of Ukiah, which you did not publish; but you at- terpt to make heroes out of men who have committed every crime in the decalogue. Every attempt that has been made to punish them has been met by the vile slanders you bave indorsed, and theé Ukiah Press has circu- se_about this sec- 1 they knew to be false, and they thieves and used every effort down the prosecution. 10 bre You well know that there are large stock- anges in thisand adjoining States; that stock- men have trouble with organized bands of stockthieves. Now any man who is well ac- quainted with this section and is not either a liar or a fool will tell you that we have such a band here and sll aitempts to exterminate them so far have failed. We hardly, think that you would give so much spece to misrepresent the truth, and ask ¥ou to make &n effort to get at the truth of the matter. All we ask_is the truth and when an honest effort is made toget at it weare sure t you will withdraw the statements youn have made and which have done incalculable damage to this section of the State if you wish m‘do|ué ]\;fll(&ei’ B Spauld Joel Eveland, H. . Spaulding, Justices of the Peace; G. W. Cummings, G. R. Redwine, con- stables; J. H. Rohrbough, nslsunt’l);rnmu te omson, J. 8 Redwine, attorney; F. M. Devid Thomson, W. Henley, J. S. Thomas B. Henley, stock-raisers berger, Supervisor; L.J. Welch, liveryman; O. A. Dingman, Peter Petore, stock-raisers; A. C. Perry, butcher; Louis Lobree, merchant; Frank Hauck, clerk; C. H. Enghish, 8. F. Hall, H. T. Thomson, James Riffe, R. F. Bainbridge, Thomas E. Long, Charies Huzt, William H.. stock-raisers: C, M. Brown, manager of Uni States sawmill; H. M. Hall, J. J. Quarner, farm- ers; J. W. Grist, Joseph Bennett, stock-raisers; . M. Smith, pastor Presbyterian church; T. L. Young, schooltescher; Ed Gibson, Lindley Wil- liemson, George O. Grist, P. A. Reuf, stock-rais- ersand farmers; P. B. Westerman, tescher; Dry- den stock-raiser; Perry C. Hall, P.’z. O'Ferrall, Jacob Updegraff, D. P. English, Wil- liam H. Card, farmers; John T. Ham, raiser; Charles E. Brown, farmer; J. G. shoe er. State of California, 1 County of Mendocino.§ 5 I hereby certify that the above is a true and correct copy of the written matter and the :ul:xe:t?mmnl 'Ip}?endedulhaxew‘h'.hli:h ']I; m 0 me for inspection so that I cou make this certificate. 3 In wiiness. whereof I have hereunto set my band and seal this 12th day of November, 1395. [Seal] C.W. RommsoueH, Notary Public. Soon after the receipt of the document St Carger, from Mr. Rohrbough another episile of similar import was delivered at this office. It has the appearance of being written by & careful, honest man, who evidently be- heves what he writes, and it is therefore en- titled to respectful consideration. The author of this letter is mistaken in some of his opinions, and in nothing more con- spicuously than in jumping at the con- clusion that an earnest letter authenti- cated by an honest signature would be unheeded by Tae Carr. He need have no fear, either, that his identity will be re- vealed, though from current reports it would apparently be to his advantage for that fact to be published. s Several anonymous _communications have been received from Round Valley, but they have been consigned to the waste basket, where all such nameless abomina- tions belong. The letter to which reference is made reads as follows: COVELO, Nov. 12. To the Editor of the San Francisco IR : As an old subscriber and well wisher of your endeavors to make THE CALL an ideal and especially clean paper for the benefit of the Yeople, and fully appreciating your success so ar, and believing yon wonld not willingly do &ny community an infnsv.iee, but realizing that you are liable like all human agencies to be misled end misinformed, I take the liberty of writing you in relation to the terrible articles published concerning Round Valiey matters. I &m & quiet citizen and have no pari or interest in the matter only to have our citizens have their just dues, and no person is dictating or knowing of my writing. The articles Ilb“.lhe% g0 back thirty or forty years and relate all the reports and rumors of atrocities that bave been related usually in as m8ny ways as the number of narrators, and extend over Trinity and Mendocino counties. To go back and prove the truth in most in- stances has become an 1mponalbfllt¥ and the citizens now protest against being held respon- sible for these crimes and rumors of crimes 'nf' more than San Francisco citizens are to be held for the misdeeds and rumors of misdeeds during and previous to the Vigilance Commit- tee down to the crime of a century. ‘That unfortunate divorce suit, equally scan- dalous for both sides, has been & great annoy- ance to the people, nearly all being unwilling witnesses, and now the effort is being made to appear that all the eitizens who protest against such injustice are terrorized by one man, the Goliath of the county. If he or anybody else isin the habit of hiring people to kill others, Wwhy are they not arrested? And what kind of people could be approached in that manner? It is perectly evident all this outrageous matter is being rehashed and re- vamped in order to influence public opinion, and the courts, if possible, to get the alimony and money for lawyers, receivers and_attaches of the divorce suif, they being indifierent en- tirely to the barm they are doing entire com- munities, The sisters of this divorced woman have been more fortunate in getting their «ivorces with- out trouble or expense. I am not on speaking terms with this Go- liath, not on account of business transactions, but from a personal matter in which the pub- lic is not interested, ana would willingly give my name only for & dislike to any publicno- oriety. I do not expect you will heed this letter, but Ihope you will stop and reflect whether you are doing a public good or unintentionally helping one side of the divorce suit and also helping the thieving part of the community to keep an entirely ialse impression before the country. A number of lnw-abmln%ci:izens have been endeavoring to detect and bring to justice cat- tle-thieves and are astonished to find they are stigmutized as White's men by those calling themselves @uti-White. This is'an utterly faise impression, and the reason many do not join with the honest endeavor is the fear of an- tagonizing the thieving band and either losing their stock or their votes. CITY OF COVELO. P. S.—Whetner you heed in the least this communication I trustto your honor to with- hold my name from ny person. . Another letter from Round Valley gives a somewhat different view of the sitna- tion, and corroborates explicitly the ac- counts published in these columns touch- ing the doings of GaorF-fi E. White and his benchmen. It is as follows: CovELo, Nov. 8, 1895, Editor Call—Sr2: The respectable people of Round Valley and vicinity are gratefzl to you for the service you are doing in publishing the truth about George E. White and companions ia lawlessness. * * * Fortunately, there is Dot so much of this crooked work the valley as in days gone by, but in the Tountains it is as bad as ever. The killing of Jack Littlefield was only a sample of the work carried to the extreme. Some men are only buildozed because that is enough for White's men to carry their point, but 1f they have to commit murder they do not hesitate to doso. * * * I think your correspondent has overdrawn the picture o far as it concerns the valley, but when it comes to_the wild and wicked -~ carryiigs on ‘M the mountains it would be almost.an impassibility to exsgger- ate. Iihink after this a decent, independent ‘man will have a batter chance for his life even in the mountains, because of THE CALL'S expo- sure. You can understand why I don’t want ing on in George A. White and his buckaroos to know ! who I sam, so, while I give you in confidence my full and {rue name and address, I will sign myself incognito. ROUND VALLEYITE. Now, after giving full and free publica- tion to the presentation. of every substan- tial alleg: offered by the friends of orge [ iite, it is fair to draw atten- tion to these facts: s account of the lyncinng it . and the evident at- tempt of the first Coroner’s jury in Round Valley to cover up the facts and condone the murder, has not been explained nor denied. 2. Tue Caryr's theory of that dreadiul outrage was entirely borne out and estab- lished by the verdict of the second Cor- oner’s jury, now on file in the office of the County Clerk of Tiinity County. It was shown that White was down on Littlefield and that White’s men murdered him. 3. Tue Cary has not made any accusa- tion against the honest men of Round Val- ley, bt has sought to throw light upon the dark spots of Mendocino County, where crime has hitherto been rampant, but where henceforth, thanks to Tae CALL's timely expose, human life will be held somewhat dearer, on account of a whole- some dread of exposure that hitherto was unknown. TUpon this result THE CALL rests its case with the people of the State at large, as well as with the decent part of the com- munity in Round Valley and vicinity. e A THREATENING LETTER. A Man Who Was Talking Too Much About Jack Littlefleld's Death. Weaverville Journal. Ex-Sheriff James Bowie returned this week from a trip through the southwest- ern part of the county, where he has been gathering up and selling some of his cat- tle. He extended his trip to Covelo, in Mendocino County. He says that the feel- ing in regard to the killing of Littlefield is very strong yet and may possibly result in more trouble. H. D. Willburn of Hetten- shaw rece ntly received a threatening let- ter from parties unknown, warning him to be quiet. As he had not been particularly active in the matter, he knew of no reason why be should have been singled out for anonymous threats. The letter is dated Bridgeville, but is supposed to have come from Mad River. The letter may havé been written and sent by some witless ionr or may be what it purports to be. In the latter case we do not apprehend that Mr. Wiliburn has nnytmnf to fear, as the writer of an anonymous letter is eitber a coward ora fool, usually both. Following is a ver- batim copy of the letter. with the excep- tion that a picture of a skull and cross« bones, rudely drawn on its back, is omitted : B boldt County, Cal., RIDGEVILLE, Hum! 4 oy Mr. David Willburn—DEARSIR: I hear of vou dom;humt deal of talking since Littlefield was hung, and hear you are mek some threats Re, Settlers around SEL will here ‘Warn you and to molest any one up m!':’ wny,!:; ere will be a Committee 2wait upon you. A word to the wise is sufficient. This Note h:n been read to acommittee Ten men. ~ some of the of Veterans’ Ball. At the meeting of the Veterans held Wednes- gy ';:l?‘fll. it was unanimously mo::;ug:[; o 1o take place at Odd Fello ’afinhn\-m; evening be 8 genuine fireman’s i will include the old dances, been seen in this City for many a day, and the “old boys” are determined to dance and sing till broad day light. ———————— It is stated that a meeting will shortly be held to ina; the movement to !l';l- 4 memq tue The programme such as have not \MUST BRING SUIT IN An 0ld Principle of Equity Reasserted Yester- day. CLAUS SPRECKELS’ FIGHT A Suit Brought in Hawaii by Gus Spreckels and His Friends. ENJOINED BY JUDGE BAHRS. The Hawaiian Commercial and Sugar Company Cannot Go Ahroad to Sue Americans. There is now pending in the courts of Hawaii a suit brought by the Hawaiian Commercial and Sugar Company against Claus Spreckels, involved in which is the ownership of 6000 acres of land on the island of Maui. The Hawaiian Commer- cial and Sugar Company is formed and incorporated under the laws of this State, the other plaintiffs, Russeil J. Wilson, Mountford § Wilson, Charles 8. Wheeler, Rudolph Spreckels and B. J. Hoffacker, are citizens of this State. and the de- fendant, Claus Spreckels, is a citizen of this State. The defendant, under these circumstances, has a right to have a case agamnst him tried in the State of wkich all parties are citizens, ahd Mr. Spreckels has invoked the aid of one of the principles of equity which guarantees this right. He | has gsecured an injunction from the Su- perior courts of tms City, enjoining the plaintiffs in the suit in the Hawaiian courts from bringing any proceedings against Mr. Spreckels in that far-away land, and compelling them, if they must sue, to sue in the courts here at home. The principle of law and equity which forms the basis of the proceedings in court yesterday is that which gives the courts 0f equity in any country jurisdiction over the persons of the citizens of the land. The court here cannot prevent the Ha- waiian court from trying the case, should it wish to do so, and ii that were possible in the absence of the plaintiffs, but the courts of this City can enjoin any one of the citizens here from proceedingin such a suit; and if, in defiance of the court’s injunction, they should continue on they would all be liable for contempt of the local tribunal. The same principle was applied by Gus Spreckels, about a year and a half ago, in | his suit against his father to prevent the foreclosing of some island mortgages. Claus Spreckels intended to foreclose through the island courts, but his son secured an injunction upon the very rule, and proceedings had to be transferred to here. The suit being brought in Hawaii, al- | though apparently only for the possession of 6000 acres of land, does in truth include the entire relations of Claus Spreckels to the company which he formed. Prior to 1878 Claus Spreckels went to the | islands to investigate the possibility of | establishing a sugar plantation on the island of Maui. On his return herebe | formed, the Hawaiian Commercial Com- | pany under the laws of this State, asso- | ciating with himself Herman Schussler,i ex-Governor Frederick F. Low, Willism{ Babcock and Herman Bendel. That com- pany was succeeded in 1832 by the de- tendant in the suit filed yesterday. As one of the laws of the Hawaiian kingdom was that no foreign corporation | should bold lands in the islands, it was | | decided that whatever property the com- | any procured should rest in the name of | Claus Spreckels, he t0 hold it in trust for | the corporation. One of the possessions of | the company was at that time 16,000 acres | of land in the Ahupuaa of Wailulu, held | under lease from the crown. The entire tract, known as the Ahupuaa of Wailulu, | | consists of 24,000 acres. The crown lands of the Hawaiian kin dom, and they include valuable acres in | every one of the islands, had two claim- | ants. King Kalakaua claimed them by | right of roval power, and as_the successor to King Kamehameha; the Princess Keeli- | kolani, daughter of one of the Kamehame- | has, claimed by right of heirship. The | Princess was deeply in debt, and in 1880 | she sold her interest in these crown lands, wherever sitnated, to Clans Sprecikels. He | paid her $70,000, $10,000 of which was in | cash and $60,000 in the nature of a loan. | She had been paying 12 per cent interest | on her debts, gut as part of the considera- tion for the purchase Spreckels assumed the debts for 6 per cent per annum. This was a personal transaction between Claus Spreckels and the Princess Keelikolani. Having purchased an interest in all of the crown lands, the titles of the crown and those of Spreckels were continually becoming entangled. So, two years after, it was agreed that Spreckels would release all claims uvon the crown lands elsewhere if King Kalakaua would release the crown's interest in the Ahupuaa of Wai- luku and transfer it to him. This was done by royal patent and by a special act of the Hawaiisn Legislature in August, 1882, Spreckels then turned over to the eompang. on_ September 25, 1882, all prop- erty he held in trust for its benefit. The company had by that time been organized under the name of the Hawaiian Commer- cial and Sugar ComPany. On February 27,1885, Mr. Spreckels sold to the com- ny 18,000 acres of the Ahupuaa of Wai- uku, included in the tract being the 16,000 acres the company had originally secured by lease from the crown before the land itself came into Mr. Spreckels’ possession. The deed to the 18,000 acres was made by Mr. Spreckels individually under the di- rection of the compnnga attorneys, and was accepted by it as wholly satisfacto The remaining 6000 acres are the ones in dis) he claim is made that the transactions which finaily led the Ahupuaa of Wailuku into Mr. Spreckels’ possession were by | him asagent for the eomgnny. At the time of the negotiations with the Princess Keehikolani and subsequently with King Kalakaua Mr. Spreckels was not a director in the company, nor did he act in any way as its agent. m 1882 until the time the suit was hmnght there was mnever any question as to first his ownership of the 24,000 acres of the Ahupuaa and afterward of ut:'e 6000 acres which the company did not buy. The complaint in injunction concludes with the following statezient of the events subsequent to the transfer of February 27, 1885, and of the points upon which plication for an injunction is based In 1894 the plaintiff sold and C. A. Spreckels his stock and all said Hawailan Commercial and Sugar pany, and said C. A. Spreckels thereu; came, and, as plaintif continued to Com- tiff transferred to | ascertained and eniorced his interestin | the laws ot this State as interpreted by its the t of 1act, the | him of the royal THE HOME COURTS their_powers and the whole management of the ‘aatrs of sald corporation 0 C. A. Spreck- els. . C. A. Spreckels is a son of the plaintiff, Claus Spreckels, and was from the year 1878 till the year 1893 perfectly familiar with all the affai of said plaintiff, and with every fact and cir- cumstance attending the acquisition by said laintiff of the title in fee to _the Ah\?}ul; of s-'auuu. and with all the facts and things done in relation thereto by said plaintiff, in- cluding all transactions and relations between him and the Hawaiian Commercial Company and the Hawaiian Commercisl and Sugar Com- pany. C. A. Spreckels well knows, and at all times has well known, that said 6000 acres of said Ahupusa which'are brought in dispute are the property of this plaintiff, and that the Hawaiian Commercial and Sugar Company has not, and never has had any right or title | thereto, either in law or in equity, and has | T and cirenmstances as aforesaid, mitted plaintiff to rely, and plaintiff b upon Ris right as ~hereinabove set not believing, nor s ny act or K‘gffl‘. o); claimed to have, any title or interest in or {0 said lands, or any part thereof. 1f de- fendant had at any of the times mentioned in its said bill, any equitable right, it has Ionq since lost the Sime Wy reason of 1ts gross laches as aforesaid, and the éstoppel rnsing from said laches the plaintiff is entitled to have -!e;r. tained and enforced in accordance with the 1aws of this State as interpreted hy iis courts. By reason of the metiers and things hereg{:- above set forth, the plaintiff willbe lrrepar; ¥ injured unlessseid defendants, and each ol them, their agents, employes and all D!herhpe‘b sons in privity with them, or any of them: shall be restrained and enjoined b this hon- orable court &s hereinafter prayed for. : Plaintiff has no plain, speedy and adequate remedy in tke premises in the ordinary course of law. e Wherefore, plaintiff prays that said de- fendant, the Hawaiian Commercial and Sugar Company, be enjoined from further prosfecnfy. ing its aforessid action in the courts 4:1 the republic of Haweil, and that the defendants, Rudolph Spreckels, Russeil J. Wilson, Monnt- has pers as reiied forth, nor having cause to believe, the defendent’s, that never asserted or thought of asserting any claim thereto, until said C..A. Spreckels ob- | tained control of seid company. Nevertheless, C. A. Spreckels, in pursuance | of a systematic plan which he has followed | for years pest to harass and snnoy the plain- | 1iff,'and for no other purpose, has justig: and caused the bo of directors of said Hawaiian Commercial and Sugar Company to authorize the action to be prosecuted against the piaintiff, and has caused said action to be brought in the courts of the Hawaiian Islands, where neither he nor any member of the board of directors of seid Hawaiian Commercial and Sugar Company resides, and ‘where none of the members of the former boards of directors of said company who are still livin, ‘reside, and where the _said corporation has neither its office nor books nor records, insi of having the same hmnghun the courts of the State of Californis, in which all of said parties Teside, and in which said corporation has its books and records, in_further pursuance of said plan to annoy seid plaintiffand toplace himata disadvantagein the maintenance of his defense to said nelln:; and the production of witnesses to support the same. The defendant ou‘:;n not in equity and good conscience to be permitted to maintain and continue its aforeseid action in the courts of the republic of Hawaii for the following rea- son‘sedlmong the many which might be sug- ested : £ 1. The plaintiff and the defendant, as well as the defendants, Russell J. Wilson, Mountford S. Wilson, Charles S. Wheeler, Rudolph Spreck- els and B. J. Hoffacker, are citizens of the State of California. 5 2. The residence of all the parties whoat any time have acted as directors or officers of the Hawaiian Commerciel Compeny and the He- waiian Commercial and Sugar Company, who | are now living, is the State of California. | Among these are Hermaun Bendel, Hermann Schussier, H. L. Dodge, John D. Spreckels, B. S‘Jreckels, William Babcock and Antoine Bore! 3. All books of account and records of said corporations and of the plaintiff and of the defendants and of all said persons are here in the State of California, a0d may here be com- pelled to be produced in court. 4. The testimony of all said persons is nec- essary and indlsrennble to prove some one or more essentiel facts of the defense of said gllintifl'm said bill of complaint. The pro- | uction in evidence of the records and books | ration, as well as those | of said plaintiff, is al necessary and indis- pensable for the same purpose. But there is | no process by which the attendance of such | parties, orany of them, s Witnesses can be | secured before the courts of the republic of office, of account of said cor] Haweli, nor is there any process by which the | production of said books or records, or any of them, can be enforced before the courts. The persons above named are all engaged in large and important afiairs, and even if they could be persuaded to leave their business and homes in this State to go to the Hawaiian Islands they counld only do so with great loss end inconvenience to themseives, and enormous cost to the plaintiff. And the said documentary evidence, books and records, would for & long time be kept out of the State, and the places in which it is required to be Xept, and wonld be twice exposed o the perils of thie ses, and the danger of loss and mutils- tion whilé so improperly tion of this State. 5 There is no process by which the said parties, orany of them,could be compelied to give their de) courts of said republic of Hawaii, nor by which the production of said documentary evidence, ‘books and records could be enforced before any officer of this State to be similariy used. 5. The bill of complaint alleges that certain agreements and contracts were entered into between plaintiff and othér persons, to wit: Hermann Schussler, Hermaan Bendel, F. F. Low =nd W. F. Babcock, and said bill of com- plaint is Jargely based upon the alleged duties | and obligations springing from 1 { agreements and contracts. All of said siieged | | agreemeni1s and contracts, if made atall, made within tiie State of Californid. The opli- ns, if eny, arising under them, arise, if at all, and must be ascertained and measured by | the laws of said State as interpreted by its | courts; and_the plaintiff has & clear, legal | and equitable right to have said ‘sgree- | ments aud contracts, i they exist, ascertained | and measured by this standard. Those laws, | and the construction which the courts of this State have placed upon them, if defendant is permitted to courts of the Hawaiian Islands, will have to be proved as facts beiore said courts, for said courts cannot take judicial cognizance thereof. To establish by competent evidence in such & foreign and distant tribunal, the laws and de- cisions of this State would be an undertaxing involved in great doubt and uncertainty, jeopardizing the legal and equitabie rights of sai ’E‘.ninufl. 6. The bill of complaint alleges tnat certain duciary relations existed between the plain- tiff and the Hawalian Commercial Company end the Hawaiian Commercial and Sugar Com- gtny, atising both from express trusts created ¥ contract, and implied frusts arising from positions alleged to have been occupied b: plaintiff toward said corporation, and said bi of complaint is largely based upon the alleged duties and obligu(ion! of said plaintiff spring- ing from said fiduciary relations. The existen nature and extent oi said fiduciary relations, if any existed, sre to be determined by t he laws of this State as interpreted by its courts. The iaws of the republic of Hawaii upon said matters are different from those of thisState, and ii defendant is permitted to proceed in such action in said republic. plaintif's rights under the laws of this State will be impaired. if not wholly destroyed. > 7. The prosecution of said action in the courts of the republic of Hawaii,s foreign State, is an effort on the part of the defendant to evade the laws of the State of its own crea- tion and residence, to wit, of this State, and to deprive the plaint{ff of the benefit of said laws, to which he is justly entitled. 8. By reason of their remoteness from the place of residence of the parties and the sources of evidence, both oral and docu- mentary, it is impossible for the courts of the republic of Hawsil, learned, able and just though _they are, to do complete justice be- tween the parties, but the matters in contro- versy can adjusted and the ends of justice fuily attained in the courts of this Statein a manner both just, economical and expeditious. 9. The action brougnt by the defendant here in the courts of the Hawaiian republic, 8s above stated, was brought under the instiga- tion of one who for years has pursued & systematic plan of annoying, vexing and har- assing the plaintiff, and_has been instituted through his iustigation for no other purpose ikan thet of annoying, vexing and harassing m. 10. For more than twelve years last past the defendant has had full knowledge of all facts and circumstances upon which it now seeks to base its alleged eflnluble right; and during all of said years and atall times men- tioned in its said bill of complaint the defen: ant has consented to and acquiesced in each and all the deeds of plaintiff in the premises, &nd if it ever had causeof complaint against the plaintiff, which the plaintiff denies, it has now in equity and good conscience, lost the right to enfor® that right by reason of its staleness; and the piaintiff is entitled to hava said lack of equity in the defendant enforced &gainst it iu accordance with the laws of this State es interpreted by its courts. 11. When piaintiff’s conveyances and trans- 6o, Tospestivery on the Eom s of Lo , T ively on the 25th day of el ber, 1882, and the 27th day of February, 1885, the deeds of said conveyance were delivered 10 and accepted by said defendant as a full dis- charge ot any and every duty which the plain- Uiff may have owed it at said dates respec- tively by reason of the facts alleged, and were by said’ defendant, with full knowledge of all the facts and circumstances sattending said transactions wnich msay have influenced its judgment, accepted in iull discharge oi said duty; and the defendant is now estopped by the ap- | its said conduet to deny that said duty was b said plaintiff therein fuily discharged; an is entitled to have said eswprel in aceordsnce with courts. 12. Atell times since plaintiff received the t from Ruth Keelikolani, to wit, since the 3th day September, 1850, uff has of clai and at all times since the grant to by King Kalakavs, to owner of the controlling interest in aud power | wit, sinee the. SOLh day 0%, September, 1953, of said cong:n‘, and the persons who have nfinct.;u o.wned and held pg-uulono!. in com; s of directors of own name and right, with the full knowl- same have been named by him, and acquiescence of the deiendant have, in every way, acted in subordina to the wishes and ‘directions of said G o Spreckels. The composition of said board follows: R: and B. J. H C. board ot in law, have edge openl; and adversely to said S it ey iy Whole wenathe. 6000 more the Ahupusa depri and improvements, Dine of %nd pwnership. tul nowleage of the mets others of his acts defendant, with without the jurisdic- | sitions in this State to be used in the | roceed in his said action in the | . Wilson, Charles S. Wheeler and B.J. oftacker the direetorsof said Hawsiian Co mercial and Sugar Cempany, be enjoined from passing any resclution, or doing any act or thing in furtherance of the further prosecu- tion of said action; and for such other and | furtner relief as to equity may seem meet; aud costs of suit. - The injunction was granted by Judge Bahrs and it now rests with the defendants in the injunction suit to obey the court’s order or move foritsdismissal. Inthelatter 5 case the writ will be tried in the courts here. WLSONS GREAT PONER New Civil Service Rule From President John R. Proctor, Allows the Consolidation of <Post. offices and Interests Cleveland’s Appointees. Postmaster McCoppin received yesterday from President John R. Proctor of the Civil Service Commission an amendment to section 2 of posta! rule 1, the effect of which would be to bring about a general consolidation of postoitices. The amend- mentis as follows: And whenever, by order of the Postmaster- General, any postoffice shall be consolidated with end made & part of another postofice where free delivery is established all the em- ployes of the office thus consolidated whose Tames appear on the roster of seid office ap- proved by the Postoffice Department, and in- cluding the Postmaster thereof, shall, from the | date of said order, be employes of said iree- delivery office, and the person holding on the date of said order the position of Postmaster at the office thus consolidated with said free-. delivery office may be assigned to any pesition therein and given any appropriste designation under the classification sct which the Posts | master-General may direct. It was Secretary Richardson’s opinion that by this amendment it would be En- sible to consolidate the postoffices at Ban Rafael, Sauszalito, Redwood City ana other places in this vicinity with the San Fran- cisco Postoffice, and that likewise across the bay Oaklend could take in Temescal and Fruitvale. The intention, as: Assistant Postmaster Doyle explained it, is evidently to sys- | tematize the entire country into circles, | each baving its head in its most populous center, and it is supposed that what caused | the amendment was the desire of the Post- master-General to have simplified ths work of reporting to Washington. As it | is, every littie fourth-class postoffice makes | a separate report to Mr. Wilson, and the i mass of details to be handled is almost | overwhelmin Fire Commissioners. The Fire Commissioners met yesterday a noon and fined John Harttord, gine five days’ pay for disobediece of orders, and Patrick Keenan of chemical engine 3 three days' pay for neglect of duty. The re- -quest of John Wilson, engineer of relief em- gines and acting assistant engineer, 10 &ere- duced to the rank of foreman was complied with, and he wes appointea foreman of engine 12. John MeClusky, foreman of engive 12, was transferred to the position vacated by Wilson- Man’s View Of Marriage. «IS MARRIAGE A FAILURE?” ~ { i It is not uncommon for men to bewail the fact that marriage so seldom means a real companionship—that man and wife are separated by difference of taste, of mental outlook, of general interest in life. It is erhaps even more common to hear women glamed for what is called breach of contract in the marri; relation. If the wife be delicate, run-down, nervous and irritable, if her smile and her spirits have taken flight, it worries her husband as well as herself. Even worse symptoms may fol- law—d the womannsnt:ezs hfrogn .s!gzplss:gs: and fainting spells, her head is in a wi gi her back ngches, and she has that a crowding-down feeling in the abdomen. It depends on the woman whether she will gnnit these m)lutl’fl“f to continue day by leading to a life of misery. 3 ‘lzhousands have been mfi by taking Dr. Pierce’s Favorite Prescription, and why not ou? A healthy woman is always interest- ing ; she passes for a beauty because she is happy, and her good spirits are contagious. Good nature goes with health ; irritability and peevishuess with sickness. ‘Those who suffer from the derangements, disorders and diseases of the sex should re- member that Dr. R.V. Pierce, chief consult- ing physician to the Invalids’ Hotel and Surgical Institute, Buffalo, N. Y., has, for over a quarter of a century, made the dis- ! eases of women a specialty. Send 10 cents (in stamps) to him, at above address, for | his medigal book on “Women and Her Diseases,” (168 pages profusely illustrated with wood cuts and colored plates). It will be mailed to you securely sealed in a plain envelope. 1t contains phot phs, names and addresses of a vast number who have been cured. You can correspond with them and learn how they cured themselves without having to consult a doctor. * !A STIRRING SEA SONG, BY JOAQUIN MILLER. “AT OUR GATE.” IN NEXT SUNDAY'S “CALL.” IT S LIKE A BUGLE-CALL TO ACTION. THE FIRST STANZA BEGINS LIKE THIS: At our gate he groaneth, groaneth, Chafes as chained and chafes all day; As leashed greyhound moaneth, moaneth; When the master keeps away. X * * X *k *x x *x THERE WILL BE MANY INTERESTING FEATURES IN NEXT SUNDAY'S “carLr.”