The San Francisco Call. Newspaper, December 12, 1895, Page 5

THE SAN FRANCISCO CALL, THURSDAY, DECEMBER 12, 1895. MILLIONS AT STAKE, An Executor Charged With Defalcation and De- bauchery. CLOSE OF A BIG TRIAL. The Miller & Lux Case at Red- wood Submitted for Judg- ment. MR. DELMAS CLOSING SPEECH. Nearly Five Hours of Graphic Por- trayal of the Remarkable Story. D. M. Delmas made the closing argn- ment in the great Miller & Lux case at Redwood yesterday, and it was one of those efforts for which his name has be- come synonymous in the courts of Cali- fornia with studied impressive utterance before the bar of justice. He told the story of a spendthrift whose Jove of fast living had Been the cause of becoming bound body and soul to a mone; e possessions, had in this istance secured the inheritance of the iger man in payment for thousands of rs he had purposely advanced him to g one was Jesse Potter, the step- son of the late Cbarles Lux and the sole executor of his enormous estate. Henry Miller, the surviving member of the firm of Miller & Lux, was the man pictured as having a dominating ambitipn to own more cattle and more horses and more acres than any other man in the West. ing Potter was an avowed defauiter in employ. He had condoned the mis- tion of over $30,000 and per- the young man to continue in his se while he hed him with excessive amounts despite the pleadings of the anxious mother apprehensive for in of her by so free an encour- rent of his tastes for disreputable 1, his own nephew and the dead brother, had been nt upon him for existence upport of his wife and chiid. v was Potter at the mercy ver of the great cattle dvantageous to the older 1 remain executor of his re of the contested millions ized the Miller & Lux and for the s So tho! nd under king that it man to have h partner’ that con ranged great droves of ¢ tor in the wealth of th Henry Miller’s consuming ambition to possess more and yet more haa led him to reinvest all the profi despite the claims of the Lux hel some share of the income of thei tle as a big fac- firm. s to rela- ntinued, and in the meantime Mrs. Lux, who was one of the executors of her husband’s estate, died. Another executor had resigned, and only Potter was left,and he was com- pletely at the mercy of the man who had so leng prevented a distribution of the estate—a reduction of the mammoth ac- cumulations that had become the pride and object of his existence. Then the heirs stepped in and asked gain for a distribution, so that they might receive their inheritance. Henry r wanted no division, but he shrewd- uggested at last a sale, one side to bid n the holdings of the other. 1t would be necessary for the executor to agree with the heirs to make their bid effective. Miller's hold on Potter would prevent an agreement on a high bid, and the cattle king would be left in a position to absorb the share of his former partner for any paltry sum he might see fit to| offer. The heirs would not agree to this, and began proceedings tc have Jesse Potter re- moved from the executorship on a triple harge of lack of integrity, conspiracy with Miller to defeat the settiement of the es- tate and general incompetency. That is the suit that is just ended, and that is some of the story as told by Mr. Delmas yesterday. He spoke for four hours and fifty-five minutes in that little courtroom in the county seat of San Mateo. At times his dignified argument was heightened by picturesque similes; at times a point was enforced by a Biblical allusion, an apt reference to some bit of history or a brief quotation, but in the mai. the long speech was remarkable for its simple forciblene and the carefully chosen dicticn of the man who allowed no slang or no grammatical slip to mar the impressive story he was telling to a Judge and not to impression- able menin a jury-box. When he dwelt upon Potter’s long-con- tinued defalcations and his reckless squan- dering of tens of thousands a year among dissolute companions while his wife and child were dependent for a bare support upon Henry Miller, Mr. Delmas intro- duced no suggestive details. Few of the people of the little town realized what was going on in that court- room. For fourteen days the case had been going on before Judge Buck ana the end of the trial had come without any demonstration. In the jury-box sat Henry Lux, the brother of the deceased multi- millionaire, and with him were his son Charles and two daughters and their hus- bands, F. 8, Pott and C. MacBride. A liftle group of reporters, the defend- ant’s attorney, Garret McEnerney, silently attentive to the utterances of his oppo- nent, a few friends and assistants of coun- sel—that constituted the group within the rail. In the back of the room a curious collection of men and a few women—a half dozen law students from Stanford University, five miles away; a score or more of men whose appearance was strangely at variance with the fabulous wealth being discussed by the man in front of them, who spoke on and on with no sound in that interested room but the lawyer's clearly enunciated words. At last the argument was completed and the little crowd got up and stretched itself and went out, wondering, like a person who has read an interesting novel late into the night and finaliy finished without realizing how long he has sat up. p On account of the enormous interests in- voived in_the suit, the remarkable condi- tion of affairs revealed in its trial and the exfensive prominence of the firm name of Miller & Lux, THE CALL will publish to- morrow & verbatim report of the able closing argument. SCHEMING HIGHBINDERS. A Cunning Plan to Bring Golden Coins to Their Pockets. The highbinders—those crafty denize_ns of Chinatown who neither toil nor spin, and yet are usually clad in fine raiment— are chuckling and jingling several thou- sands of dollars in golden coin of the realm easily coaxed from the pockets of their more industrious countrymen, whiie some hundreds of the latter are congratulating themselves in their modest Chinese way over deeds well done and trusting to be re- warded in the good wishes of ‘the heaven- born, the Emperor of China.” Beveral weeks ago gauay posters ap- | | peared on the dead walis of Chinatown purporting to be signed Ly the Emperor. Of course his subjects in this City eager! scanned the posters to asceriain what ex traordinary event had brought about such a proceeding. In them attention was called to the fact that a disastrons war had recently swept over the home country, and that in conse- quence of this and the failure of the crops through drought many subjects of his Ce- lestial Highness were in want. The Chinese in San Francisco were re- quested to raise $5000 to aid the suffering and to do it without delay. Below the Emperor’s pronunciamento was a smaller one stating that a Chinese “high tea” had been decided on as the easiest manner in which to_raise the fund, and that all loyal sons of China could win the zood will of the Emperor by going to certain restaurants designated and partak- ing of the entertainment. prepared at $2 50 each. The restaurants mentioned are at 713 and %08 Dupont street, and thither many Orientals flocked to show ation of the Fmperor's con- descension in calling upon them for aid. The banquet prepared, which lasted from Friday last until last night, partook much of the nature of a high tea, the viands dear to the Chinese heart being in profusion. To lend eclat to the occa- sion and make it appear genuine the high- binders had the restaurants brightly dec- orated and hired bands of music to play popular Chinese airs to the feasting cooks and laundrymen, who made up the ma- jority of those who attenaed. Of course the entertainment cost some- thing and the receipts were not all profit, but at $2 50 each there was a handsome margin to be divided among the promoters of the scheme. WANT 0 BE SECRETARY | Warm Fight in the Musicians’ Union for This Coveted Position. Secretary Schmitz Tells Why Certain Members Are Opposed to His Re-election. There is discord in the ranks of the Musi- cians’ Union. It isall due to the annual election of officers, which takes place to- morrow, the main fight being over the sec- retary’s office. Attached to the secretary’s office is a solary of $65 a month, and there are four candidates, C. Abbia m Davis, T. Peckham and E. L. Schmitz, grasping for the plum. The men figuring most promi- nently in the fight are Sam Davis and E. E. Schmitz, the present secretary. This is the fourth time Davis has been put for- ward by his friends for the secretaryship, and on each occasion he has had Schmitz as his chief opponent. The latter has won out every time, though the last contest was a hard and bitter one. It appears that the main opposition to the present secretary a from the fact that he has heid that position for four years, and there are those who think that some one else should be given a chance. It is said also that Schmitz has shown | partiality toward certain members in the way of throwing engagements their way. Another reason given 1s that, as leader at one of the local theaters with a | | good fat salary, he does not need the posi- ion, and consequently some less fortunate brother should have it. Davis’ friends also claim thay Abbiati has been injected into the fight for the one purpose of draw- ing the strength of those opposed to Schmitz, but also unfriendly to Davis and Peckham. They claim that with Abbiati out of the way these votes would go to Davis, practically assuring his election. “The fight wiil doubtless be an inter- esting one,” said Secretary Schmitz yes terday, ‘‘and it is impossible to tell yet who will win. The opposition to me is found mainly among those who have been fined for violating the rules. The secretary is blamed for all this, when as a matter of fact it is the work of the execu- tive committee. Itis also alleged that I snow preference in the matter of giving out engagements. The honest members of the union know this to be false. Very little business of this character comes directly through the office, but when it does the name of the applicant is imme- diately posied in the hall. “The leader that sees i securds the engagement, there is to it. The opposition against me is just what any secretary may expect. I won the otfice four years ago on practically the same grounds, though I do not expect o lose it that way. At least not this me. There is also quite a struggle over the office of treasurer. There are three candi- dates for the position, M. Blum, L. N, Ritzau and T. Eisfeldt, the present treas- urer. The voting will begin at 12 o’clock Friday and continue until 8 p. »., the Aus- tralian system being used. D, BACK TO THE HOSPITAL. The Court Will Not Send Desire Lethiee to an Tnsane Asylum. Desire Lethiec, an old man who has been an inmate of the French Hosvpital for over twenty-six years, was brought before the Insanity Commissioners yesterday. He is afflicted with some spinal disease, and lately has been unable to move or to help himself. He has been giving more trouble than formerly, too, for the physicians at the French Hospital say he has been very noisy and given evidence of insanity. Lethiec was too feeble to be bronght into court to be examined, and so Judge Heb- bard went down to the Receiving Hospital before the Commissioners met and exam- ined*him. The physicians ot the Receiv- ing Hospital declared the patient would die in transit to any asylum, so emaciated was he. There were no evidences of insanity in his demeanor when Judge Hebbard exam- ined him, and the Receiving Hospital sur- geons said he had shown no insanity since he came thera (Tuesday). ‘When the matter came up before the commission Dr. Voisard, one of the phy- sicians of the French Hospital, and John ‘Wolf, the superintendent, were put upon the stand and’ Lethiec’s son questioned them very closely as Lo the origin of the charge and the reasons why the hospital people desired to send him away. Lethiec was shown to be a member of the hospi- tal association and entitled to its care. His relatives have not the means to care for him, and it was urged that by his membership in the hospital association he-| is entitled to the privilege of remaining 50 long as he needs medical care. Judge Hebbara ended the matter by dismissing the charge. He said there was no evidence to show the man was insane. He could not order the hospital people to take the man back, but he warned the officers of the hospital present in court that should any evil effect arise from the \:unsru of the man from that institution they would be held responsible. The man has softening of the brain, and it was heid that & hospital and not an insane asylum was the place for him. Under this action of the court and the Commissioners the man was taken back to the French Hospital during the after- ncon. first generally nd that is ail ————— A Singular Form of Monomania. There is & class of people, rational cnongh in other respects, who are certainly monomaniacs in dosing themselves. They are constantly trying experiments upon their stomachs, their bowels, their livers and their kidneys with trashy nos- trums. When these organs are really out of order, if they would only use Hostetter's Stomach Bi ters they would, if not hopelessly nsane, perceive its superiority. HE 1S STILL ENJOINED, Hearing of Rudolph Spreckels’ Motion for Dissolution Postponed. ATTORNEY ACH WAS IN HASTE. Thought That the Large Amount In. volved Should Have Been Given Consideration. Notice of motion to dissolve the injunc- tion in the suit of Claus Spreckels and Anna C. Spreckels vs. Rudolph Spreckels, involving stock in the PaauhauPlantation Company, was served by the defendant upon Delmas & Shortridge, attorneys for plaintiffs, on the 9th inst. The matter came up for hearing before Judge Slack in Superior Court Department 10 yesterday morning, and was, upon proper showing by Samuel M. Shortridge, of counsel for plaintiffs, postponed by the court until Friday, the 13th inst. Mr. Ach, counsel for Rudolph Spreckels, vrotested in the face of the very reason- able presentation made by Mr. Shortridge that the matter should be heard instauter, and seemed unwiliing to submit even when the court had practically expressed the intenticn to grant the postponement. Mr. Shortridge stated that notice of mo- tion to dissolve was served upon his firm on Monday evening, and that all day Tuesday he was personally engaged in other matters in the United States Dis- trict Court, while his associate, Mr. Del- mas, was enguged with his stenographer preparing his argument in the Lux-Miller suit, which he yesterday presented before Judge Buck in the Superior Court at Red- wood. “Is it your intention.” asked the court, “'to argue this motion 2" “It is our intention,” Mr. Shortridge answered, *‘to argue the case thoroughly, but we are quite unable to proceed on count of the reasons given. We w. ready on Monday or Tuesday next, if agreeable to the court.” Mr. Ach insisted that the matter should be heard at once and made a small speech, | in which he reached into the merits of the | case, reviewing the recent proceedings and rulings of the court. Then he desired to assert, upon his word of honor as an attor- ney, ‘““devoid of any ulterior motive, with- out any desire to postpone anything or desire to interfere with any one’s rights, that counsel for p aintiffs had not made certain showing,” and so on down the line. And when Mr. Shortridge interrupted him with the suggestion that the counsel for plaintiff’ did not desire to argue the merits of the motion, Mr. Ach proclaimed that “this is not the merits. It isa que tlon of our rights,” he continued. ‘Th is no child’s play. Some learning has been exhibited. Some attention has been shown, and I desire now to read this complaint.” The court was not inclined to hear the | reading of the complaint, but Mr. Ach seemed inspired with the desire to argue | counsel for plaintiff had not expressed a desire to present anything new. Mr. Shortridge reiterated his expressio of such desire and remarked calmly: W We are not here as rivals in good faith, bnt | bearing in mind the views expressed by your Honor in a written opinion which has been the subject of careful and atter- tive examination. We think, not arro- gantly, and without an audacity that as- sumes everything, but with some modesty, and deference to the opinionsof others, that we have acted in good faith, and now desire to have this hearing postponed till Monday.” Mr. Ach said amount involved and tied up in this case. Judge Slack promptly stated that this case was no different from a case that m involve only $50 instead of many thou- sands represented by the stock in the Paauhau Plantation Company in contro- versy. : The hearing was continued till Friday. GRANGERS BARK T0 CLOSE | Bad Crops and Low Prices for Wheat Force It Out of Business. Stockholders Will Lose Over a Quarter of a Million — Voluntary Liquidation. The Grangers’ Bank of California is and has been for two months quietly prepar- ing to go out of business. For that length of time it has made no loans and has paid off about half of what was owed to depos- itors. This step was taken by the directors on account of large losses made through advances to big'farmers on cropsin the past four years. In several advances were not paid and additional loans were made until the creditors were in so deep that with the low price of wheat there was little likelihood of their pulling out. The amount owed depositors two months ago was about $250,000, but this has been reduced to about half that amount. and the directors state that they have on hand enough to pay more than half of that, and that every cent of it will be paid up right away. The only loss will be that sustained by the stockholders, which will be some- where between $200.000 and $350,000, the amount depending on the grain market and how they realize on those securi ties, The largest stockholders are Daniel Meyer and A. D. Logan, who own about two-fifths of the stock. Allthe restisin small holdings. The Grangers’ Bank of California was incorporated April 27, 1874, for the purpose of loaning money on grain in warehouses. Later the field was extended to loaning on growing crops, and this was the cause of the losses incurred. : E. S. Pilisbury, who has been for a num- ber of years the bank’s attorney and is a shareholder and director, said last night: The directors came to the conclusion two months ago to go into liquidation. The bank has been doing business with farmers and for several years has been loaning money on cron mortgages. The original business of the bank was to loan money on grain in warehouses. This was extended to loaning on crops, and that is where the losses came in. Several iarge farmers got into debt through bad crops and the decline in the price of wheat, and were unable to get out even. So the bank lost #200,000 or $250,000 in that way. The ques- tion came then whether 20 continne making further advances to these people or to quit. In view of the fact that the agricultural in- terests ere generally so unpromising the directors came to the conclusion that it would be better 1o wind up. Two months ago when they figured up and came to the question of sontinuing their advances or stopping busi- ness they were of course brought face to face with & loss which I would vlace in round num- bers at $200,000. It was a question with them whether to pay in that amount to wake the capital good or wind up. No new loans have been made in the last two months. The bank has been col+ Jecting in money and paying off depositors un- til the total now owed in that way is less than $150,000. At the time we decided to quit busi- ness we owed depositors about $250, . 8o about half of that has already been paid off. The iaea was to pay off the depositors and -then liquidate with the very least expense. It the motion then and there, assuming that | something about the | cases first | is & speculation how much the stockholders will lose. T should think, in the face of tbe present condition of affairs, they should ex- pect to lose vnc-m‘.rd.‘ The capital ia $1,- Asked as to the likelihood of a run on the bank, Mr. Pillsbury said: There is owing to depositors only $125,000, or about that, and there is in the bank enough cash to pay the bulk of that immeddately. So I see no oceasion for uneasiness on the part of the depositors. They, of course, will get their money right away. ‘The names of the present directors and number of shares of stock held by each are as follows: H. M. La Rue, Sacramento City, 37; H.J. Lewelling, Napa County, 50;" Uriah Wood, Santa Clara County. 265 Seneca Ewer, Napa County, 100; W. L. Dickenson, Htanislaus County, 100; A. D. Logan, Colusa County, 2213; 'L C. Steele, San Mateo County, 150; E.S. Pillsbury, San Francisc ; Thomas McConneil, Sacramento County, 120; G. 8. Berry, Tulare County, 50; D. N. Hershey, Yolo County, 140, B Paris Kilburn, one of the Bank Commis- sioners, stated last evening that they had made an examination of the bank the day before, and added : As far as tae depositors are concerned the bank will pay them Off right away. The stock- holders may lose something on account of tne depreciation of their paper, owing to the inability of many of the farmers to pay their debts. We found about $120,000 worth oi bad paper in the assets. FURTHER TIME IS ASKED, No Report on the Polytechnic High School Made as Yet. Director Henderson’s Plans for the Nor- mal School Laid Over for Con- sideration. Contrary to the expectations of a number of the members of the Board of Education the matter of electing a Director to fill the vacancy created by the resignation of Di- rector Stone was not brought up at last night’s meeting of the board. The Poly- technic School proposition was the most important matter discussed. A resolution by Director Henderson, re- { lating to the reorganization of the school, was refirred to the Classification Com- mittee. The committee appointed to look into the management and expense of the Polytechnic h School reported that it had investigated the matier and asked for further time. The report was as follows: Your special committee begs leave to report that it hes visited the Polytechnic High Senool and has looked into the matter of its manage- ment and expense, £nd begs leave to ask for further time to make & final report respecting the curtailing of the expenses of this school. A portion of the committee has visited all the schools south of Market and east of Ninth & view t g what classes, if )y way of saving of expense, and they eave to report that they will be ready to make mmendations as to the ¢ ation of classes at the next meet- ing of this board. an of the committee and the 1t of Schools visited the Normal ave (o report that if the the school is now located erable amount it nt classes should Girls' High School or to some other school in which there are vacant classrooms to sccommodate the Normal pupils. It is their opinion that it would be unwise at this time of the year to abolish the echool, be without " entering the its’ or demerits ot a City Normal School as ch it would seem to be unfair to the young ladies who have euntered the school with the understanding that they would be able to | go forward and graduate. Your committee finds further that there are | thirty-one students in the Normal School who appear from all the fncts that can be gained to be non-residents, from whom we should re- ceive the tuition fixed by the board. The rea- son for this coming up at this late date in the term is apparently due to some oversight in | the enforcement of the rule relating to the tuition of non-resident pupils, which requires that such pupiis shall present to the principal of a school a receipt for tuition before they ’\hnll be admitted to classes. We, therefore, recommend that the principal be instructed to cotlect the tuition fee under the rules from said pupils. The committee asked for further time to report on the possibility of dispensing with the services of special teachers, if any are to be dispensed with. Superintendent Babcock revorted that the Butro school would be reopened to- day after having been renovated and other- wise placed in condition. He aiso asked that a committee be appointed to draft resclutions to the memory of D. C. Stone, the teacher who died recently. The chair appointed Superintendent Babcock and Directors Clinton and Murdock on the committee. . On the recommendation of the Clas: cation Committee Miss Mary E. Doherty, a probationary teacher, was appointed a regular teacher in the department. The committee also recommended that iss Mary E. Meany of the unassigned list be assigned to the charge of a new class in the Douglass Primary School, the appointment to take place from December 9, 1895, The special committee appointed to in- vestigate the application of the Sunnyside i ct for the establishing of a schoor within its boundaries reported in favor of the provosition, but recommended that action be postponed temporarily to permit theboard to fipnd a suitable lot for the school building. any iperinte Sehool and building in whic can be rented for an is their of that be trans THE PROMENADE CONCERT. The Fall Exhibition at the Art Insti- tute Wiil Soon Close. The last concert during the fall exhi tion at the Art Institute takes place to- night. An especial programme has been prepared for the occasion and a large at- tendance is expected, as these promenade concerts are very popular with the art- loving public. ‘When the spring exhibition opens the concerts will be resumed. An especial in- terest will be given to the spring show of pictures by the presence of the canvases now being painted for the Phelan compe- tition. Professor George Davidson has just addressed a letter to James D. Phelan with regard to the historical subjects for the competition. “Your choice of three well-marked epochs,’” he says, “will satisfy artists and lovers of art: The discovery of California by Cabrillo and Ferrelo in 1542, the discovery of the bay of San Francis by the Portala expedition by land in 1769, and the passage through the Golden Gate by the San Carlos (Toyson de Oro—the Golden Fleece) in 177 The position from which Portala got his best yiew of San Francisco is from the extremity of Point San Pedro and twelve miles south from the Cliff House. The bare cliff is 1200 feet above the bay and a road passes within half a mile of the summit. It seems to me that the land- scape painter has his best opportunity in this location with the accessories of the party and native guides. “‘The entrance to the Golden Gate, by the San Carlos also affords a fair opportunity to the marine painter. For the San Carlos entering there are points of view from the suores and leads where the Indians watched an incoming vessel.” At the concert to-night the following programme will be rendered: Organ overture, “Fra Diavlo” (Auber),Emilio Cruells; song, ‘“Beeause I Love Thee” (Haw- ley), Miss Xena Roberts; song, “Penso” (Tosti), Daniel M. Lewrence; song, *Confession” (Vie- tor Herbert), Mrs. Ernest H. Palmer, accom- panied by . Hinrichs; orgau, “Traumerel” THE WARRANT 1S SIGNED, February Twenty-first Set for the Day of Durrant’s Execution. IT IS ONLY A LEGAL FORM. Judge Murphy Denies an Application for a Writ of Probable Cause. The death warrant for Theodore Durrant has been signed. It sets the date of execu- tion for Friday, February 2i, 1896. A cer- tificate of probable cause has been denied, and an application for a stay of proceed- ings will be passed upon to-day. If that be denjed Durrant will be behind San Quen- tin bars to-night. The application for a certificate of prob- able cause was made to Judge Murphy yesterday morning by General Dickinson. He appeared and filea his motion, supple- menting it with only a few words of ex- planation. He dwelt briefly upon what the defense claimed were errors in the trial and on the attitude of the people and the press. Mr. Barnes made no argument on the motion, and then Judge Murphy announced that the certificate would not be allowed. In making his ruling Judge Murphy said it was a matter of compulsion for a judge, having sentenced a prisoner to death, to order him sent to San Quentin within ten days after judgment had been pron ounced. He instanced the opinions in the Fredericks case as his authority, and expressed the opinion that Durrant | would lose none of his legal rights, and would be subjected to no injustice, if he were ordered sent to San Quentin instead of being allowed to remain in the jail. Then General Dickinson wanted to know if the death warrant was signed, and upon learning that it had not been he asked for delay in that particular. In doing so he announced that the Minnie ) ams case would come up early in January, and it would be better to have the defendant in the County Jail under those circnmstances. He wanted time to apveal to the Supreme Court for a writ of probable cause, and so again requested delay in the signing of the warrant. Judge Murphy then agreed to lay it aside until evening, and then he signed it. In the meantime no action nad been taken before the Supreme Court, although Gen- eral Dickinson and Mr. Deuprey were closeted for over an hour with the Chief Justice during the afternoon. 1f the writ_of probable cause had been eranted its effect would have been to keep Durrant on this side of the bay until the Supreme Court had rendered its decision, and if the Supreme Court should allow such a writ the effect would still be the same. If the stay of proceedings to be ap- plied for to-day be aliowed, Durrant will remain_in the County Jail until the Su- preme Court has passed upon the writ of probable cause, but should the stay be de- nied Durrant will go to San Quentin before night. lZ?enem‘. Dickinson’s remark that the Williams case would be tried in early Jan- uary would appear to set at rest the doubts as to whether that case wou!d ever come before the court. It is not definitely set- tled, however, cven now that it will do so. Should it be decided to ery the second charge, the prosecution thinks it were much better to have it over before the La- mont case would bhave been passed upon by the Supreme Court, and consequently if it be brought before that court atali, January is as good a time as any of the early months of 1896. But the prosecution has made no prep- arations for the coming trial of the Wil- liams case, or at least no detailed prepara- tions, and Mr. Peixotto, assistant District Attorney, is still of the opinion that the chances of the Williams case ever coming to trial are doubtful. k he bill of exceptions in the Lamont must be settled during next spring, and that will take a long time. It will then probably be set on the July calendar, and be argued then and decided in Jan- uary, 1897, or it may be that matters can be exvedited and the case finished by tne end of summer, but in'any case there wili be little time to spare for such a case as the Williams case would prove to be; and so it is not so sure that January will sce it before the courts. CRIMSON AND' CARDINAL The Controversy Over the Har- vard-Stanford Colors Still On. President David Starr Jordan and C. H. Jackson Write Letters to Each Other. The controversy over the college colors of Stanford University threatens to draw a number of prominent collegians into the argument. Stanford, the youngest college in the United States, adopted cardinal for its banners. The graduates of Harvard University always regarded the adoption of this shade as an infringement upon the time-honored crimson of their alma mater. This fever of dissatisfaction was pent up in the breasts of the Harvard men on this coast until the occasion of the late inter- collegiate football match between Berke- ley and Stanford, when the cardinal ap- peared on every turn. Then it was that C. H. Jackson, a Harvard graduate, gave vent to his feelings and those of his col- lege 1 an open letter to Stanford, remon- strating_for adopting a color similar to Harvard’s crimson, and advising that the youngest college select some other color. To that letter Dr. David Starr Jordan, president of Stanford University, replied as follows: ¥ December 4, 1895. C. H. Jackson, Attorney-General’s Office, Sacra- mento, Cal.—DEAR SIR: Your favor of the 3d inst., with the clipping from THE CALL, is duly at hand. T will refer the matter to M'r. Shel- don, president of the student body. The colors of the university were chosen by the students themselves, the faculty having noth- ing to do with the matter. It would be ex- ceedingly difficult to make a change now, even if it were thought desirable, because the cardinal has become very closely associated with the history of the university. I do not, however, appreciate thé strength of your arguments. 1t does not seem to me that the cardinal of Stanford is ln{ more like the crimson of Harvard than the blue and gold of the State University is like the blue of Yale. Besides, what is to be done, for example, with the color of Wisconsin? If, however, we were to trace the significance of the cardinal of Stanford we would find in the very close re- semblance in our gu.n of organization and arrangement of studies to those of Harvard suflicient reason for resemblauce in other things. If we ever have a football struggle with Harvard we shall try to see that the difference in shade of red is made sufficiently evident. (Schumann), En.ilio Cruglls: aria, “O Fatima" YVon Weber), Miss Xena Roberts; song, “Love s octurne” (Hope Temple), Daniel M. Law- rence; song, “Call Me Back” (Denza), Mrs, Er- nest 1, Paimer; organ, “‘Marche Religlouse” (Gounod), Emilio Cruells. s i ‘WE have just opened out the last shipment of our silver and gold plated wave crest ware. It is fine. Every one should see it. Open even- ings during December. Sanborn, Vail & Co. * The colors of red, white and blue are the colors of the Nation, as well as of several foreign nations, and we would not wish to be sus- pected of trying to take advantage of the Na- tional colors, as has been done once or twice by political parties and by manuiacturers of soap. Very truly yours, \ DAVID 8. JORDAN, President. Mr. Jackson, who began the argument, talked the matter over with others of his college friends and decided to reply to President Jordan’s letter, and he sent this answer: SAN Fraxcisco, Dee. 10, 1895. Hon. D. S. Jordan, President Stanford University —DEaR Sik: Without wishing to become con- troversial upon a subject which I advanced for the common good of both universities, 1 desire, nevertheless, {0 réply to one or two sentiments in your letter of the 4th inst. In the first place there should be no hesi- tancy in correcting a wrong or mistake of this kind. Harvard once made this very same change from cardinal, and if she could do so, with her wealth of tradition and history reaching back almost to Plymouth Rock, cer- tainly that color has not become so “‘closely iated with the history of Stanford Univer- ¥ as to make a change in her case hn im- possibility. You say that you do not think the cardinal of Stanford is any more like the crimson of Har- | vard than the blue und gold of the State Uni- versity is like the blue of Yale. If this ve the state of color blindness at Stanford, of course it makes little differei:ce whether her colors be those! of the Salvation Army or the piratical flag of the “Spanish Mam.” In conclusion I have oniy to say that there is a Federal law against using the National flag for advertiving purposes, and tue political party that once flaunted it in the face of the bandana was thef party of Logan, of Lincoln and of Grant—a party that had the same right by tradition and by patriotic achievement to use it that Harvard has to the use of her ven- erated colors. Very respectfully, CHARLES H. JACKS0! Harvard’81, U. BEFUSED 0 PURCHASE Old City Hall Will Be Rebuilt on the Lots Owned by the City. 84. Property - Owners Who Asked Exorbi- tant Prices for Their Real Estate. The committee of the Board of Super- visors which sits as a Board of Old City Hall Commissioners decided yesterday not [ to buy the lots adjoining the City property on Dunbar alley and Washington street, but to build on the plat as it now stands. The reason for their decision is that the | price asked by the owners of the odd lots | is iar above the real value of the property, | and that condemnation proceedings would | | take =0 long and be so expensive as to be | out of the question. | R. P. Hammond’s report relating to his negotiations with the property-owners showed a very unsatisfactory state of af- fairs. He stated that he had made every | effort to induce the owners to be reason- | able in their demands, but had met with | no succes d he was compelled to ad- | vise the Supervisors not to bay. i Lot 1, owned by the estate of] Charles Cohn, was valued by its holders at $24,000, while the real value was but $23,000. The late owner purchased it in 1890 for $19,654. Lot 2, owned was valued by Schmidt at $17,000, while its real value was not over $16,000. The third lot, owned by Henry Schwerin | and Theresa Schod. was held at $20,000, though really not worth more than $18,000. “The total of $71,000 asked by the owners | is exorbitant and should not be paid,” said + Mr. Hammond. The records of the Assessor’s ‘office, | which were brought in for the inspection of the board, showed that the three lots were assessed by Mr. Siebe for §20,150. The board decided that the $50,000 which was intended for the purchase of the lots should be put into the building and that another story be added to give more room for municipal purposes. Architect Shea will begin work on the plans at once. e REAL ESTATE NOTES. A Successful Auctlon Sale by Shain- wald, Buckbee & Co. The probate auction sale held Tuesday at the salesrooms of Shainwald, Buckbee & Co. was well attended. Out of thirty- eight parcels offered thirty-six were sold for sums aggregating $101,707 50. The agents expressed themselves as much gratified with the outcome, and re- ported the following result: Lot at the_ southeast corner of Devisadero and Ellis, 37:6x100, $7600; next lot adjoin- ing norti, 112:6, $2300; four lots east of the corner, $12,720; three ‘modern flats at 2935 California street and lot 25x $3300; lot adjoining east, 25x52 north line of HenTy street, tro, 26x115, $1000; lots 2 and 6, block D, Rail- road Homestead Association, $1300; lot 25x 114:8, in Ben Franklin Homestead Associa- tion, | $50; three stores and six fiats and’ lot 63:9x70, at the southeast cor- d Scott streets, $2300; 5 and 1437 Pine street, ustin street, with adjoin- ing lot 20320, $5850; lot 50x120 feet on the enst line of Eighteenth street, 278:11 north of Clement, $530; southeast corner of B street and Thirty-sixth avenue, $1200: lot on First avenue, near Point Lobos, 25x120, $900; resi- 1716 and oy John A. Schmidt, | 8: ner of Haight 14 four houses, | and 36 and dences at 1718 Sacramento street, §14,3 residence at] 1720 Sacra- mento street, 00: cottage and lot 25x11. on Duncan street. near Dolores, $26: joi g cottage and lot 24:113(x114, $2625; 2 in block 39, § and lots 9, 10 and 11,in block 38, $2 Baldwin & Hammond have disposed of fifteen lots in the Castro-street Addition since they inaugurated the Christmas sale. B Exclusive of season ticket-holders, the number of passengers carried on the rail- ways of the United Kingdom last year 011,413,000, compared with 873,177,000 the previous vear. NEW TO-DAY. = KNOWLEDGE Brings comfort and improvement and tends to personal enjoyment when rightly use({ The many, who live bet- ter than others and enjoy life more, with less expenditure, by more promptly adapting the world’s best products to the needs of physical being, will attest the value to health of the pure liquid laxative orinciples embraced, in the remedy, Syrup of Figs. Its excellence is due to its presenting in the form most acceptable and pleas- ant to the taste, the refreshing and truly beneficial properties of a perfect lax. ative; effectually cleansing the system dispelling colds, headaches and fevers and permanently curing coustipation. It has given satisfaction to millions and met with the approval of the medical profession because it acts on the Kid- neys, Liver and Bowels without weak- ening them and it is perfectly free from every objectionable substance. Syrup of Figs is for sale by all drugs gists in 50c and $1 bottles, but it is mane ufactured by the California Fig Syrup Co.only, whose name is printed on every package, also the name, Syrup of Figs, and being well informed, you will not accept any substitute if offerea. NEW TO-DAY. Leaving All Others — NOVA SCOTIA SEAL SHOES Are away ahead of all others in point of stremgth, comfort and utility, for they have bzen proven ABSOLUTELY WATERPROOF Do not accept imitations. See that yours are stamped Buckingham & Hecht MEN’S (ork Sole. .. ...$5.00 LADIES’ No Cork Sole. .$3.50 'BOYS’..............$3.00 YOUTHS'...........$2.50 | MISSES’............$1.75 We take particular pains with out-of- town orders, and ship them the day received. Kasts 738-740 Market Street TOYS! ~ DOLLS! GAMES! Don’t Wait Until the Last Week Before XMAS to Buy Your PRESENTS In order to induce our customers to " EARLY —AND— OFTEN We will allow a ‘10 per Cent Discount On all purchases of over one dollar in our Toy Department For week ending December 14 only. NOTE. A Goods delivered free of charge to Sausalito, Blithedale, Tib n Rafael, Stoc! ton, Haywards, Valle rose, San Leandro, Oakl Send for our ILLUSTRATED CAT- ALOGUE. Mailed free to any couns= try address. pa, San Lorenzo, Mel- , Alameda and Berkeley. 818-820 Market Street. Phelan Building. Factery—30 First Street.