The San Francisco Call. Newspaper, December 14, 1895, Page 16

16 THE SAN FRANCISCO CALL, SATURDAY, DECEMB ER, 14, 1895. REV, DONALD M. ROSS I i SCORES W, W, FOOTE, Says the Eminent Lawyer | other matters pertaining to the hobby, exchanging views and information regard- | ing the market conditions of stamps and | Is Prejudiced AgainSt |ind a considersble amount of business was transected between the dealers and | the A. P. A. collectors who attended. | QUITZOW WILL NOT ACT. Major E. A. Sherman of Oakland Is Named as His Suc- Cessor. THE ARCHBISHOP'S RETREAT. The Champion of the A. P. A. Says He Would Not Debate a Cer- tain Issue. H. W. Quitzow will not act as umpire in 2,000,000 marks ($500,000) worth of stamps changed hands. vanced collectors of this City. During the last season not less than | H Mr. Sellschopp visited all the largest | stamp emporiums in Europe, taking in Berlin, Paris, Brussels, Leipzig and London: in efforts to fill commissions intrusted to him by Henry J. Crocker, i Crocker and other prominent and ad-| The finest stock of varieties he found at Leipzig. There the rarer classes of stamps, which range from $10 to $50 each, were found by the dozen, and even by the score, and ail selected specimens, such as would bring the highest market price. A striking feature of the European trade is the independance with which dealers there treat customers. No urgin: is ever resorted to in the endeavor to effect a sale, particularly of rarities, as the demand has grown so strong for all the better stamps that the sales of rarities that fall into dealers’ hands is made without trouble. And the very rarest and highest priced stamps find the quickest sale. For choice specimens the holder can virtually nam - his own price. In this connection Mr. Sellschopp called attention to a peculiar condition of things DONALD M. [From @ photograph.] ROSS. the matter of the controversy petween the ) in the stamp history of the day. While i pla: Rev. Father Yorke and the Rev. Dorald | 2broad he became cognizant of an outflow | ern M. Ross. Instead Rev. Mr. Ross has named Major | E. A. Sherman of Oakland to represent him. The former says that Attorney W. ‘W. Foote, the selection of Father York is prejudiced against the American Pro- tective Association. Hereis his letter on the subject: 8aN Fraxcisco, Dec. 13, 1895. Editor Cali—Sie: I assure you I regret to | rush into print again in a skirmish which ac- cording to the terms of the challenge ought now to be setiled. Peter C. Yorke came before the country saying with apparent liberality and magnanimity that he would leave the de- cision to three non-Catkolic lawyers. Iknew | that was claptrap, thrown out to win some | few to his side. I therefore chose a non-Catho- ! lic lawyer, and immediately the hoofs and | borns appeared. Let us see why my non- Catholic lawyer is not acceptable to him who | said non-Catholic lawyvers would do. “Mr. | Quitzow is_biased” because he belongs to the American Protective Association. Butlet me | ask what has the American Protective Associa- tion to do with my proofs that Romanismisa | political machine? 5 It 18 not the American Protective Association | that is on trial in this matter. The whole dis- | pute is over the production of proofs to sub- stantiate certain charges made against the Roman Catholic church. These sre forthcoming or they are not. Besides all this, I am told by several who at- tended & political meeting in Metropolitan Temple just previous to the Jast election that W. W. Foote made a fine speech in which, among many other patriotic and soul- stirring flights of oratory, he said that during the Civil War he was fighting against the Government of the United States _and got wounded; that while he was off duty and in a hospital the Sisters of Charity took such good care of him that he just fell in love with the whole outfit. Then turn- ing aside in his oration, he said he had no use for the A. P. A., and proceeded to lay that organization out in Corbett shape, to the de- light of his one-sided audience. % knew that bias in him, but had not a wora or thought against his appointment, for he wonld be as fair as any I might expect. It was none of my business whom Peter C. Yorke chose, and I submit that it is none of ‘W. W. Foote’s business whom I select so long as he is as much a gentleman as Mr. Foote. Mr. Foote’s acticn in this matter 18 quite similar to Mr. Yorke’s when that gentleman challenged meé and then laid down the dictum that I should not have the privilege of choos- Ing the time, the place or the manner of pre- senting my proofs. Gentlemen, stop this kicking and balking. You remind me of the hasty retreat Arch- bishop Riordan once beat when & party called on him to debate a certain proposition. In order that there be no coal hole in this debate, Mr. Quitzow and I have decided, after consultation, to remove his name from the ar- bitration. 1 now name as my last and final choice & entleman as honored &s his name is historic, ajor E. A. Sherman. ~ And I wish it distinctly understocd that I will under no condition re- cede an inch from this choice. I shall go on | with my proofs. Yous truly, | Doxarp M. Ross. IN MEMORY OF THURMAN. The | Services and an Election. The Iroquois Club last evening decided late Allen G. Thurman, and on motion of Max Popver a committee of fifteen was ap- Further discussion of the charter was swostponed until the second Friday in The presidential candidates at the an- nual election on the last Friday of this Cary, James J. Flynn will be a candidate for re-election, supported by the Buckiey the club will vote for Charles Gildea, now the second vice-president. The Demand in Europe Draining the American Markets of Scarce Unused ‘W. Sellschopp. & local stamp collector, has just returned from a six months’ trip | metropolis of the world, and relates some peculiar experiences relative to the vast fad of collecting postal labels. ‘While in Germany he attended the great | of that nation, which was held this year at | Mannheim. The objects of this gathering of philatelic gems from the United States to Europe. e explained that the Ameri- cans evidently did not realize the poss biiities of the market and the great appre- ciation that was bound to follow the extra- ordinary demand for unused old German and British colonial stamps. It was these claeses of stamps that were being drained from this country to find quick sale at ad- vanced prices in the philatelic centers of Europe. He added that the American dealers and, collectors will some day wakeup to a reali- zation of their mistake, and then be glad | to repurchase these gems at figures that | would now be deemed fabulous or extor- | tionate. LISTENED TO LE CONTE Philosophy and Physiology Be-| fore the Psychical So- ciety. The Relation of Two Sciences Set | Forth in Metaphysical | Phraseology. Professor Joseph Le Conte lectured last evening before the California Psychical Bociety in Golden Gate Hall, taking as his subject “The Relation of Philosophy to Physiology.”” The lecture included pre- cisely the subject-matter of & paper pre- pared three years ago for delivery before a philosophical society in Washington, and the lecturer thought proper to apologize for selecting such a difficult subject, though promising to make it as clear as such a subject can be made. The speaker began his discourse by care- fully distinguishing between the various uses of the word philosophy, as meaning in one sense the attitude of the mind toward truth, and in another the subject- matter of truth, and in a third the grounds of validity of human knowledge. In the sense he used the word 1t treated of the ac- tivities of free spirit or the phenomenolegy of spirit, as that term is used by certain philosophers. He said: If my view of the origin of man’s spirit— that it was existing in embryo in the lower animels, developing by evolution until it be- came the spirit born in man and therefore immortal—if this be true there is a vast dis- tinction to be mrde between philosophy and physiology, and a most important one. Itis the fashion to-day to minimize the dis- :anuon lbelw(ffn man and the animals, us confounding ysiology, psycholo; and philosopby. Butplhal such a fiizflnc!igg exists and that itis an important one is evi- dent from the recognized difference between the senseless articulation of the parrot and the sreech of man, between the empirical produc- tions of animals, regroduchlg the nests and habitations of & long line of ancestors, and the creations of the human race. And this differ- ence may readily be traced through the fine arts and the realms of thought, between con- sciousness and self-consciousness, between volition and self-determination., And all these are explained by my view of the origin of spirit by evolution through the lower animals till born into the higher life. The lecturer distinguished sharply be- tween the apparently voluntary actions of animals and the self-determined actions of man. The animal was affected by ex- ternal forces, and its action was the result of thmul cuanges in the nerves, brain ells and so forth, caused by that force. He granted to the animal a psychic na- ture, but claimed for man something more—a métaphysic or philosophical na- ture. The phenomena of life force be- longed to the science of physiology, those of nerve or vital force to psychology, and those of self-consciousness to philosophy. | But psychology partook both of physiology and philosophy, and the line of demarca- tion must be dérawn sharply between the voluntary physical actions and the moral actions of which man alone is capable. The lecturer illustrated his meaning by referring to the old distinctions which were made between inorganicand organic chem- istry and between them and life. Inorganic chemistry had broken down the first bar- riers and might now be said to include the organic, but it must stop short of physi- Iroquols Club Orders Memorial to have a memorial service in honor of the pointed on the matter. apuary. month were announced. As stated in Tue contingent, while the anti-Buckleyites in GEMS IN STAMPS. German and British Colonials. to the center of Europe, including the | stamp trade that has been born out of the | annual convention of the stamp coliectors | were to give collectors the opportunity of ology, inasmuch as it could not claim liv- ments. ing matter in its realm, though it could include all dead matter. So though physiology might include so much of psychology as to include the ani- mal soul, it must stop short of philosophy, the science of the human soul, Iu other words, it might include the spirit dormant, but could not inctude the spirit awakened. This physiology was destined to absorb psycholo y, but philosophy never. There s a comparative ptysiology and a compar- ative psychology, but there never wouald be a comparative philosophy. But all this was explainable by evolu- tion. At first there were only natural forces. Suddenly chemical forces ap- veared, being a different kind of force, but derived from the preceding. Thus, too, life appeared, then vital force, then con- sciousness and, last of all, in the full ripe- ness of time, self-consciousnees and the free spirit. But all are derived from the preceding, even as the new-born child has only animal life, but at two or three years of age acquires self-consciousness, which is equivalent to the truti of a spirit. Even so each science is underlaid by the other— physies, chemistry, pnuysiology, psychol- ogy, philosophy. And if this be true Descartes and Hux- ley were right. , Descartes, indeed, ex- cluded man from his automatism and in this, I think, he was right. Huxley in- cluded man, and there he was wrong. Science and art result from tiie free spirit | acting on external matertals; philosophy from the spirit acting on materials fur- nisbed by itself; ethics and religion from the spirit acting upon both. Kvolution and progress, therefore, are not made by exploding old views, but by modifying them, and the best test of a rational philosophy is that it reconciles apparent | centradictions by explaining the relations | of their superficial differe nces. YCUNG AGAINST BABCOCK Controversy Over the School Superintendency Under Argument. San Francisco's Dual Government Again the Subject of Judicial Inquiry. The controversy between Charles H. Young and Madison Babcock, as to which one shall hold the office of Superintendent of Pubtic Schools, was arzued before Judge Troutt yesterday. C. W. Cross, M. M. Estee and James Alva Watt appeared for the plaintiff and Judge Van R. Paterson and R. W. Ashe represented the defend- ant. The case was before the court on Babceock's demurrer to Young’s complaint. Judge Paterson opened the argument. In bis remarks he attacked the validity of the county government act as applied to | San Francisco and proceeded to point out | the absuidities in it when read in compari- | son with local conditions. The county | government act demands that each county | be divided into five Supervisorial districts; that only certain cities shall be made the | county seats, and also just how the county | seat can be moved. It provides for road masters and road taxes, but it has no men- tion of a Superintendent of Streets or a Mayor. The burden of his argument was precisely the same as that advanced in the electric commission case against the pres- ent formation of that body, viz.: that San Francisco being a city and county, a dual povernment did not come under provisions | which relate to counties pure and simple. It was contended by counsel for the intiff, Young, that for purposes of gov- ment San Francisco was to be consid- | ered as a county, and that the county gov- ernment act, being a measure to secure a | uniform county government throughout | the State, was applicable in the City and County of San {:runcisco wherever it did | | not conflict with existing circumstances. | The Superintendent of Schools, it was argued, was a county officer, the office be- ling created by the constifution for all { counties. In view of this, counsel main- | tained, the officer was governed by county laws, or by the county government act, and as there was nothing in the govern- mental system of this City rendering his appointment by the Supervisors impossi- ble, the county government act therefore obtained and in this part'cular it repealed the consolidation act, which directed such a vacancy as Superintendent of Schools to be appointed by the Board of Education. Judge Paterson had argued that laws could not be repealed by implication, but must be dealt with in specific terms, but plaintiff’s counsel argued thgt it could be done by such implication had been mentioned—that the later act applied when not conflicting. The case was submitted after the argu- STRENGTHENING THEIR CAUSE. The Carpenters and Joiners Favor the Consolidation of Unions. At a meeting of the Carpenters’ and Joiners’ Union held last evening the dele- | zates elected to. the district union were | instructed to advocate the consolidation of ! the various unions whose members are engaged in the building trades. The object of this movement is to se- cure better protection for all the members of the several unions. After a spirited contest the union elected the following oflicers for the ensuing year: | President, P. H. McCarthy; financial sec- retary, N. L. Wandell; recording secre- tary, C. Anderson. The 8an Francisco Labor Council had | under discussion at its meeting last night the question of boycotting the dealers who sold cigars brought into this City from a factory in Detroit where women and chil- dren are employed at low wages. A period of fourteen days‘was given the offending firms in which to either discon- tinue the importation or be placed under a boycott. THE NEW FERRY DEPOT. Contracts Will Not Be Let Until Next Monday Morning. The Harbor Commissioners are still puz- zling over the bids for the new ferry depot. They do not know whether to reject the bids for the masonry and retamn all the others or not, and have consequently post- poned the matter until Monday morning in order to get the opinion of the board’s attorney on the matter. The chances are that before the Commissioners aecide upon any one stone that they will visit the various quarries and ascertain their out- putknnd the general appearance of the rock. A representative of the Risdon Iron ‘Works was in attendance and asked that the contract for the ironwork be let. Cnief Engineer Howard Holmes was in favor of granting the request, on the grounds that a great deal of the ironwork would have to be in-place before the masonry-work could begin. President Colnon was not sure that such a proceed- ing would be legal 2nd refused to let any of the contracts until the matter was de- cidzed by the board’s attorney. The chances are that a final decision will be reached in the matter next Monday morning. SRR SO A suit of Jaros Hygienic Underwear worth barrel of cures. Morgan Bros., 229 Montg. st Sl sl Did Not Wed the Family. Ida L. Tadbox has been allowed $20 a month alimony pending her suit for maintenance against Benjamin L. Tadbox. She claims Tad- box deserted her, and he answers her charge by offering to furnish & house for her and sup- port her, provided she doesn’t bring her parents with her. In vroportion to the population there are more theaters in Italy than in any other country. - ————— Office draughts don’t bother wearer of Jaros Hygienic Underwear. He is protected from itic changes, Morgan Bros., 229 Montg.st.* of the charter of the Zealandia are rife THE PANAMA RATE WAR, A Compromise Between the Mail Company and Railroad Probable. ANOTHER STEAMER CHARTERED Spreckels’ Zealandia Goes on the Route for the Pacific Mail Next Week. The Oceanic Steamship Company’s steamer Zealandia has been charted by the Pacific Mail Company, and on the 18th inst. she will sail for Panama via Central American ports. the stout vessel has been lying at her anchor waiting for trade to pick up in order to be put into commission. Fora | time she lay off Sausalito and then was | moved to Benicia, where she has been | ever since. ! When ‘trade between the Colonies and | San Francisco was brisk the Zealandia | was one of the vessels that formed the i to the North are expected to putup the ' For nearly five years | interested, Judge Slack appointed Van R. Paterson as the child’s guardian. _Snbse(}nenny the pencil will was sub- mitted for probate, and then Herman Oelrichs anlied for the guardianship of his son, al eging he was bis natural pro- tector. The child is not mentioned, how- ever, in the pencil will, the one Oelric. s is most interested in seeing probat-d, and so, should Qelrichs be appointed his son’s guardian ne would not be interested in caring for his ward’s legal rights. In view of these facts Judge Slack has de- nied the aprhcation of Oelrichs and de- cided to allow the boy’sinterests under | the will to rest in Patterson’s hands. Oelrichs had obtained a general guar- dianship over his son, and the point just decided was raised by his application for a {vuardmpshm‘ The decision means that young Oelrichs will be arrayed agninst his parents in any contest of the stolen will or in any offers of compromise. FOOTBALL FOR CHARITY. Poor Women and Children to Benefit by To-Day’s Game Between Olympic and Reliance. The football game at Central Park this afternoon between the teams of the Olympic and Reliance Athletic clubs gives promise of being one of the most interest- ing exhibitions of the football season. The two teams are in the pink of condition, and having had the benefit of the experi- ence gained in an unusually large number of match games during their meetings with the collegiate teams and their visits THEIR FIGHT GROWS HOT, Attorney T. C. Spelling and Gen- eral Sheehan Accused of Falsehood. THE TRUST COMPANY A BANK Interesting Development of the Jug- glery Over People’s Home Bank Deposits. The statement made by Attorney Carl Svelling to the People’s Home Bank de- | | positors Thursday afternoon to the effect | that the California Safe Deposit and Trust | Company was not a banking institution was brand=d yesterday by the trust com- | pany’s attorneys as false in every particu- ! iar. Indeed, nearly every utterance of | Spelling’s reflecting upon the trust com- | pany was declared to be false, and Mana- | ger E. F. Sheehan of the People’s Home | Bank was also accused of falsehood. Al- | most the lie was passed direct. Spelling reiterated his statements. and THE OCEANIC STEAMSHIP COMPANY’S STEAMER ZEALANDIA AS SHE APPEARED THE LAST TIME SHE DOCKED AT FOLSOM - STREET WHARF. 1 fleet. Captain von Oterendorf was then in | command and he stayed by the ship until Captain -Morse’s resignation from the Alameda made it necessary to call him into active service again. | At various times rumors to the effect | that the Zealandia was going into com- mission were circulated. They were all withont foundation. however, but on this occasion the big steamer hae come out of the mud for good. The tugs Fearless and | Active towed her down yesterday after- noon, and she was placed on the Union Iron, Works drydock. While there she will be cleaned and receive a thorough overbauling in order to be ready to sail on the 18th inst. The Acapulco was sched- uled to sail on that date, but she will now be placed on the drydock for extensive re- pairs and alterations. All kinds of speculations as to the cause along the front. The following telegram from New York seems to throw some light on the subject: NEW YORK, N. Y., Dec. 13.—It has been ex- ected in the street for several days that ormal agreement between the Pacific Mail steamship line and the Panama Railroad would be definitely concluded at any moment. Such regorl! are again current to-dey. Presi- dent J. Edward Simmons of the Panama Rail- way made the following statement this after- noon: ““The contract has not been signed. The directors of the Panama Railroad met yester- day and authorized me to sign an agreement when the Pacific Mail people were ready to sign. Iexpect everything will be settled early next week, or as soon as_the directors of the Pacific Mail steamship line authorize Mr. Huntington to sign.” Agent Center of the Pacific Mail and General Agent Hinton of the Panama Railroad profess to_have no knowledge of any agreement. ‘“We were short of a steamer,’”’ said Mr. Uenter, “‘and the Zea- landia being the only one available we chartered her. Just {mw long she will remain on the Panama route I don’t know.” The Panama Railway Com}mny has been fighting the Pacific Mail for “over two years. At present it is running the steamers Wasnhtenaw, Progreso and City of Everett. The Progreso is on her way from Panama, the Washtenaw, now in port, is to sail on the 17th inst., and the City of Everett left with a very light freight over a week ago. The railroad company has lost money right along on the fight, owing to the fact that it coufii not enter into the way-port trade. When it attempted to do that an injunction was granted by the New York courts, and since t: at time the only traffic its steamers have handled has been that between New York and San Francisco. While it lost this traflic the Mail company still had all the Central American states to draw upon, and in consequence its losses have not been so very heavy. The Zealandia is a better carrier and has far and away better cabin accommodations than any of the Mail Company’s steamers now on the route. She is nearly twice the size of the Acapulco and will take away 1713 tons of freight. The Aztec, which is scheduled to sail a_ day after the Zealandia, will probably be withdrawn for a time as the big steamer will be able to take all the cargo offering. She is to stop at_every way port between San Francisco and Panama and a big crowd of passengers are booked to sail on her. The Zealandia is under the Hawaiian flag and was built by J. Eider & Co. of Glasgow. She is 377 feet feet long, 37 feet broad and 18 feet 6 inches deep, rigged as a four- masted steamer and is classed 100 Alat Lloyds. PATERSON IS GUARDIAN. Judge Slack Denies Herman Oelrichs’ Petition for the Care of His Son’s Interests. Judge Slack has refused the petition of Herman Oelrichs to be appointed guardian of his son, and allowed the boy to remain under the guardianship of Judge Van R. Paterson. When the Fair case originally opened, with the stolen will offered for probate, youag Oeclrichs was made heir to his mother’s one-third of the estate, she to ‘have a life interest in the\property, and he to have absolute control at her death. This method of disposing of the property, one-third to each of his children, did not please the direct heirs and there were signs of a contest, in which as husband of best game ever played by the two teams, for in those games the kickers of the two athletic clubs met all the best men known to the gridirorron the Pacific Coast. The fact that the total receipts are to go to the poor of the City has given the game an interest for people who never took any | interest in football before, a fact which will doubtless do much to benefit the game itself with the public. In consideration ‘of the worthy object and the prospect for unusually brilliant playing the crowd is expect to be as large as that which witnessed the Berkeley- Stanford game on Thanksgiving day. WANT'TO 0 T0 CONGRESS Fine Galaxy of Republican As- pirants in the Fifth Dis- trict. John T. Dare, Frank Powers and M. Cooney Willing to Succeed Eugene Loud. The number of Republicans willing to represent the Fifth District in the next Congress is steadily increasing. The latest addition to the list of aspirants for Congressional honors is Frank H. Powers, who represented the Forty-first Assembly District in the last Legislature. He is in the field working actively to influence prospective delegates in favor of his nomi~ nation. 3 Another candidate, no less renowned and respected, is Judge M. Cooney, who served his party in the last campaign as a member of the executive committee of the Republican State Central Committee, and subsequently gained some publicity for the course he pursued in opposing the confirmation of Samuel Foster as Election Commissioner. John T. Dace is accredited with Con- gressional aspirations, and his friends claim that he has a remarkably strong fol- lowing in the district where he has solong resided. Many politicians have been inquiring the cause of James Low’s frequent visits to San Francisco of late. In the Legis- lature of the first session of Governor Markham’s administration Low of Santa Clara and H. C. Dibble of San Francisco pulled together. Judge Dibble cut out the Fifth Congressional District to suit him- self, but in so doing had to concentrate a vast number of Democrats in the Fourth District. Dibble has since failed to get a nomination in the district which was made so solidly Republican. It has been sug- gested that Mr. Low’s frequent visits are in the interest of Judge Dibble. Representative Loua has no intention, as far as can be ascertained, of retiring from the field. He has many friends in the district who favor him for another term, and_besides he has the friendship of Speaker Reed, which 1s regarded as a strong point in any Republican district. The intention of W. 8. Leake to resign the position of Postmaster at Sacramento to accept a larger salary in San Francisco is causing Senator Stephen M. White no end of trouble at Wssgington. The ap- licants for the expected vacancy are legion. Last evening the Senator tele- graphed to Postmaster leake to ascertain if the latter had resigned. Mr. Leake wired a negative reply, but gave assurance that the Senator would be first informed of the resignation when it was ready. —————— Jaros Hygienic Underwear the one under- wear that is comfortable; absorbs moisture; Xkeeps folks well. Morgan Bros., 229 Montg. st.% e S e Suicide of a Confectioner. W. 8. Krutzman, a confectioner of 416 De- visadero street, was found asphyxiated yester- day morning in his bed. He had intimated to a friend previously that he contemplated sui- cide. On Thursday he was very despondent, and when he went to bed he turned on the gas. He was a native of Denmerk, a widower, and 65 yeersof age. e Mark Hopkins Institute of Art. This is the last opporiunity to see Murillo’s famous paintings, “St. Francois d’Assisi” and “Bt. Gregoire.” The exhibition will close this one of Fair's daughters Oelrichs might be evening at 10 o’clock. v | further hinted that he was not done with | fuiler details of the question. Mr. Bart- | nett said: We are preparing a_formal reply to the di- rectors of the People’s Home Bank.” The trust company represents 2600 depositors of the People’s Home Bank, aggregating deposits of $720,000. Mr. Spelling’s statement that it is not a banking corporation and has no right to teke these assignments is false. The Calfor- nia Safe Deposit and Trust Company is a bank- ing corporation. Here is a certificate of the Bank Commissioners of California, showing it is auly authorized to transact a general pank- ing business: BOARD OF BANK COMMISSIONERS, STATE OF CALxrolx]AA} KEnow all men by these presents: That the Cali- fornia Safe Deposit and Trust Company has paid its pro-rata assessment, accordin to section 16 of | “An act cresiing a Board of Bank Commissioners | and prescribing their dutles and powers.” ap- | proved March 30, 1878, and the acts amendatory | thereot. Now, therefore, a license is hereby granted unto | the said_corporation to transact a banking busi- ness. subject to the laws of this State, for the period of one year from the dnte hereof. In witness whereof, we have hereunto set our hands at the City of San Francisco this first day of July, A. D. 1895 J. B. FULLER, Paris KILBURN, - Commissioners. A. W. MAGEE, ) Attest: C. H. DUNSMOOR, Secretary. The trust company is engaged in that busi- ness and has been for over thirteen years. Spelling’s statement that it was incorporated in 1892 is false. We are incorporated to do a banking business as well asa trust company. A 1aw was passed April 6, 1891, at the suggestion of this company, governing trust companies, and on April 30 of that year this corporation complied with all the law’s provisions in de- positing with the Secretary of Stat securities 1o the amount of $200.0C0, which hes since been increased to $500,000. Spelling further states that the trust com- pany is operating in these assigned deposits and has no power todo so. That is false, for the company has never purchased a single claim in the sense of speculating. We have taken these claims for coliection, and the amounts coliected are paid to depositors, less 6 per cent. We have advised depositors not to sell their claims, believing they can realize more from them by waiting. Mr. Bartnett gave an interesting bit of the Peopie’s Home history. From June 22, 1893, to Jannary 14, 1895, the expenses were $203,933 21, of which $101,622 20 was for ‘‘attorney’s fees.’” Expenses have since been reduced—that is, since the trust company took hold —to $300 a month. The salaries of the manager and assistant, by advice of the Bank Commis- sioners, are to be reduced $75 a month, He continued : Mr. Spelling stated that the trust company dismissed the Winterburn suit to call in un- paid capital stock, because it did not wish to \{z in issue the question of passbooks. This is se. A word about Spelling. He was accused by the deposiiors of having brought a collusive suit against the Pacific Home Bank with the object in view of assisting General Sheehan to sustain his receivership. For this he received $500 from the bank’s funds for services in ad- vising with James Alve, Watt, the bank’s attor- ney, and for services to be thereafter rendered. Spelling sought to have the trust company in- tervene in the action brought by him against ¥ i Bank tors of the People’s Home Savings :vegre published no reply from me to "the stg:fee ment of the attorneys of the Cqmog“necu- Deposit and Trust Company would | "5 i is Tt is easy to say that a proposition of law fa!sze‘ugd {hflt the facts are not o and Eio’ liuf why did they not test the legal proposition 1hc volved in the Winterburn case where a grea deal of money was spent by the trust Lom& pany to print a voluminous coxznp}nmt a1 serve it on several hundred persons? That W):s an action in which the trust company sought anpaid eapital to the payment of i xclasion of al (:‘t’hg; depositors. The compiaint was sworn ”el officer of the combination and signed by s attorney. “A’x‘xfuu\zo'ns allegations was one that the claims “have been assigned to plaintiff for value,” and the assignments were set out an purported to outright assignments for valoe annual_siatement s for 1895 these attheir par yalue othe: questionable ts required by 1aw to be Morzover, in_ti to the Bank Commissiol passbooks are listed s and go 1o make up, Am items, the amount of asse 1 authorize it to do business even as & trust com- any. P TatroaT we paid apout one year ago $500 for services as counsel to the direciors of the People’s Home Savings Bank, for which I ren- dered good service, all of which the books of the ccrporation and vouchers show. Then came the Winterburn case, in which I showed n behalf of my client thai the trust company ad no standing in any court on the pass- books, whether if claimed title as a trust com- pany or a bank, or as both, the latter claim be- ing a legal absird ‘rour law. It has mnot bro that one based dare bring one, though its attorneys promised at public mectings of depositors to not only sue for unpaid capital, but to compel an ac- counting from devil g Iy. % Itis true that before the question of tittle to the held by them was examined I asked ervene in the Goldman case, but uot : motives for bring- g that suit, which a committee of depositors hired by the trust company’s attorneys ques- tioned, and with respect to the question her it was properly brought, I only have v that if their claims on these points were ¢ did they not bring a new suit? r is that they did notdare to be- ould at once put in issue their title to these passbooks and their right to do busi- ness as a bank. It is significant that nothmq was said sbout my relation as counsel unti atter I put the trust company’s attorneys out of court in the Winterburn case. Now as to the question of the legal status of the trust company it is true that it has a license from the Bank Commissioners,but the dictum of that commission falls far short of being the law of the S o Noattempt is made to answer my proswul- tion that the directors have no right toloan out the assets of the People’s Home Savings Benk, and that not even a legitimate bank can receive them except on special deposit. All persoas are chargeable with notice that these are trust funds and that they cannot be used except to pay dividends—that thev cannot be invested after having been converted into money in the process of liquidation. Unless these funds are restored this ques- tion will be tested in the courts, as was that of the power of the trust company to acquire the passbooks. The date of incorporation of the trust com- immaterial; but, since my 1 various persons and to raise the pany is entirely ! statement is put in issue, I will say that it filed new articles on April 12, 1892, and came under the act of 1891, placing trust companies under the jurisdiction of the Bank Commis- sioners. Every lawyer in the City, unless it be the atiorneys of the California Safe Deposit nd Trust Company, knows that the life of the corporation dates from the filing of its new articles. Jaros Hygienic Underwear for ladies, for gen« tlemen, for children, for all plsces, all the year. Morgen Brotheis, 229 Montg, st. » S srsaay AARON BARNES SUIT. The Supreme Court Dismisses His Oase Against His Wife. The case of Aaron Barnes Sr. against Jesse Burk Barnes for a reconveyance of property and $20,000 damages has been decided by the Supreme Court, as it was by the lower court, in favor of the defend- ant. Barnes conveyed to the defendant, under a contract to marry bim and ‘“‘live with him through life” the property which he wishes to have back again. The convey- ance was made July 18, 1885, and the next day the defendant and himself were mar- ried. They lived together until August, 1892, when the defendant deserted the plaintiff, and he brought suit for his prop- erty and damages. f Barnes alleged the perfectly eyident proposition that she had not lived with him through his or her life, or any life, but the lower court held that by marry- ing the plaintiff she had performed her part of the contract. In sustaining this view of the case the Supreme Court goes further, and says that the agreement to live together through life is part of the marriage contract, under even ordinary circumstances, and the marriage contract is sometimes broken in spiie of this provi n. In continuing upon another point raised in the case, the high court shows a touch of humanity within the strict rules of the law. “When a man marries a woman knowing her to be not virtuous,” it says, ¢‘ne forfeits his right to allege that fact as an avenue of escape from the ties with which he has bound himself, and it is presumed that when taking a wife, a man will satisfy himself as to her character before leading her to the altar.”” This, the Supreme Court says, is one of the modes of salvation to one who has not always been as she should, and the fact that he had consented to forget the past, gives no man the right to rake over its ashes for cause of complaint and as a means of freedom. NEW TO-DAY. THIS SATURDAY NIGHT SHERMAN, GLAY & CO.'S Music Store and Piano Warerooms WILL OPEN and remain open Every Evening until Christmas. “Regina” American Music- Boxes, Fine Guitars, Mandolins and all other Stringed Instru- ments. Steinway, Weber, Gabler, the bank, and frequently called” upon us with that object in view. We refused to intervene in that suit because we did not think it was properly brought, and because we were in doubts as to his motives, elthough there were certain matters set forth in his complaint which we believe should be judicially determined. The statement has been mede by General Sheehan that the trust company has opposed & dividend of $50,000 money on hand. This is false. The trust company has never taken such a stand. The money is on deposit, sub- ject to the order of the directors of the Peo- ple’s Home Bank. A dividend of 4 per cent or thereabouts could be made. If proper judg- ment had been exercised money would “have been received by the bank for the Pacific Bank property, and before this a substantia} divi- dend, aggregating 12 per cent, would have been declared. The manager of the bank is re- onsible, in our opinion, for the complica- tions that have arisen respecting the sale of the Pacific Bank property. T. Carl Spelling stood by his siate- ments, however, and quite hrmly at that. He said: If the communication sent by me to the di- NEW TO-DAY. Foot Troubles You may now avoid them. “Foot Comfort,” a booklet, tells you how. Write for it, and wear Goodyear Welt shoes. All kinds are made —all dealers sell them. Goodyear Welts are leather shoes, not rubber. 45 ‘GOODYEAR SHOE MACH'Y CO., BOSTON. Emersonand many other leading PIANOS! Most Appropriate Holiday Bifts. SHERMAN, CLAY & OO, Cor. Kearny and Sutter Sts. —— For the “Inner Man” is all right, of course, but the Holiday time will seem the brighter if you remember his needs of apparel Standard Dress Shirts form a most accept- able, useful and inexpensive present. Just ask your dealer; you can find them anywhere, This trade-mark on every one. Look for it. NEUSTADTER BROS., Mirs., 8. F.