The San Francisco Call. Newspaper, December 20, 1895, Page 5

THE SAN FRANCISCO CALL, FRIDAY, DECEMBER 20, 1895. 5 STOCKTON RAILROAD NEWS The Valley Road Construction Now Making Noticeable Progress. ENLARGING THE ENTERPRISE Electric Terminal toLodi to Be Changed to a Steam Enter- prise. STOCKTON, CarL., Dec. 19.—The track- lavers on the Valley road have about finished the work of ballasting the road- bed from Stockton to the Stanislaus River. Grant Bros. have nearly completed their labors on the big thirty-two feet fill at the bridge, and soon the approaches to the latter will be completed. Sections of the truss bridge across the Stanislaus nhave been sent to the spot and will soon be in position. The work of bridge-building is progressing rapidly, and it will not belong before construction trains can pass over into th joining county to continue the work of tr aying. —o ZODI TERMINAT. It Has Been Changed From an Electric to a Steam Railway. STOCKTON, Car., Dec. 19.—The enter- prise known as the Lodi Terminal Electric ¢ has assumed vast proportions 1t may be stated, on the most reliable authority, that by September, 1895, there will be ninety miles of standard-gauge railroad tracks radiating in three direc- tions from Stockton. Ex-Congressman James A. Louttit in an interview thiseven- ing stated that the negotiations with San Francisco parties had fallen through and that the road would now be built by local capitalists. He had insisted that and Colonel Hartzell be retained in the new company it was proposed to organize and this the capitalists would notagree to. Neither would they pay him the price which he had set up on the vaiuable rights of way and water-front vroperty acquired by the company. The line will not be an electric railway, but a standard gauge ra road, equipped and maintained in first- class order. The main line will run to Lodi from this city. There will be branch lines extending both east and west from Lodi, and the main line will be continued north fiom Lodi eighty miles, most of the Q»\\](e lying throug the Sacramento alley. While such has not been stated by Mr. Lonttit, it is well known that two railroad torporations—one an old company and another with a line just building—have been negotiating for the Terminal Railway prop-rty. Also that the scheme of ex- Surveyor-General Willey, which was d! cussed a few weeks ago, was largely con- tingent upon the acquirement of this prop- erty by that gentleman’s associates. The finances of the company are in such shape that the work on the main lirne to Lodi will be prosecuted vigorously from now on, and by the time the road reaches there the company will be in a position to carry on the work on the lines previously stated. ks and Major Bulson Asks Re-Election. STOCKTON, Car., Dec. 19.—Major Bul- son, late major of the Sixth Regiment, who resigned at the time he became in- volved in the new County Hospital scan- dal, will be a candidate for re-election at the election to be held in Fresno on the 23d inst. He will receive considerabie support among the Stoekton militiamen, who have great faith in_ his_ability as an officer and who are inclined to overiook those things detrimental to his character brought out at the trial of the hospital cases. s Tyson’s Story Believed. STOCKTON. Car., Dec. 19.—Henry C. Tyson, the slayer of Deputy Sheriff Buz- zell, was brought to this city from Merced this morning. Tyson tells substantially the same story as his boys told. and it is generally conceded that he will be dis- charged at the preliminary hearing. et s Witness in the West Trial. STOCKTON, Car., Dec. 19.—Miss May Howard, who is wanted in San Francisco asa witness in the trial of Dr. West, was found this morning by Deputy Sheriff Cassidy on Church street, near Aurora. As she is without means to go to San Francisco the authorities of that City were notitied by telegraph of the fact. FATAL ROW NEAR YUMA. Two Mexicans Killed by a Prospector in a Saloon at Gold Cross. SAN. DIEGO, Caw,, Dec. 19.—Tirso ana Juan Gonzales, two brothers, merchants, were killed at Gold Cross mining camp, situated thirty miles west of Yuma, on Monday evening last. The tragedy oc- curred in a saloon conducted by Sam Wil- gon, the murderer being a prospector named Johnson Randolph. Malcalhy, a miner, and the Gonzales brothers were at the bar drinking when Randolph walked into the saloon. Mulcalhy in an alterca- tion with Randolph accused him of shoot- ing a man out on the desert sometime ago. He was told by Randolph to drop the subject and not to refer to it again, where- upon Mulcalhy became very abusive and was struck in the face by Randolph. In- stantly Tirso Gonzales whipped out a six- syooter and fired twice at Randolph with- out hitting him. The latter drew his pistol and shot Gonzales 1n the stomach. Juan Gonzales, who stood by his injured brother, leveled his pistol at Randolph and pulled the trigger twice. ‘Ihe cartridge failed to explode. A second later Jaun fell with a bullet through his heart from the pistol of Randolph. Tirso died twelve hours later. The bodies arrived at Yuma this afternoon, and the Spanish ceremony is being held over the remains by friends. ~Coroner Johnson, a physician_and the Sheriff are now on the scene, and will leave on to- morrow’s passenger train for San Diego. An inquest was held this afternoon, but no particulars are obtainable. Randolph is a fugitive. It is said by those who are acquainted with Tirso Gonzales that he was. quarrelsome and always in a fight. Little or nothing of Randolph can te learned, but from the rumors he was justi- fied-in killing both men. SR LT SANTA CRUZ LAND BSUIT. One of the Parties Defendant Files a Demurrer to the Complaint. SANTA CRUZ, Can, Dec. 19.—The F. A. Hihn Company, named as one of the parties defendant in the complaint re- cently filed in the Superior Court by Mrs, Elizabeth Peck against E. F. Adams and others, to-day filed a demurrer alleging, among other things, that plaintiff has no legal capacity to sue; that the cause of action is barred by =ection 343 of the Code of Civil Procedure, requiring such action 10 be begun within four years after cause shall have accrued; that it is not allegéd whether any person is interested in the estate of said deceased. But it is not al- legea whether at the time of the com- mencement of this action any person was or was not in ‘the possession of the real estate described. It is not alleged whether or not decedent left child or any other heir. A meeting of the defendants namea in the complaint has been calied and will be held in the Soquel schoolhouse next Tuesday. The suit involves one-fifth of the land in ] this county, including farms and vine- vards at San Andreas and Soquel, and the defendant—Hihn Company—owns about one-quarter of the amount in controversy. The total valuation of the land particu- larly described in THE CALL at the time of filing the suit, aggregates about $2,000,000. HORRIBLE DEATH AT MONTAGUE. An Unknown Man Falls Under a Moving Train and His Body Is Cut in Two. CHICO, CaL., Dec. 19.—A dispatch from Montague, Siskiyou County, this morning states that a horrible accident occurred there last evening. A man attempted to board the south-bound passengertrain at Montague, while in motion, and missing his footing was thrown under the cars and horribly mangled, the wheels passingover his body, cutting it completely in two diagenally from the left hip to the right shoulder. Coroner Schofield went to Mon- tague and held an inquest. The jury was unable to learn who the man was as he had no papers or articles about his person to lead to his identification, the only arti- cles found being an old knife and $1 0. The verdict was accidental death. Deceased is believed to have just served a term in the County Jail and was dis- charged in the morning, as he answers the description in every respect. Persons who saw the man walking between here and Montague say it was the same man whom Sheriff Hobbs had just liberated. He was sent up from Dunsmuir for six months under the name of Tom Jones on the charge of petty larceny. UDILLKS FRST THR. The New Tug Makes Her Maiden Run From Vallejo to the Brothers. No Effort at Speed, but a Distance of Three Miles Made in Thirteen Minutes- VALLEJO, Car., Dec. 19.—The new tug | Unadilla,which wasrecently built through- out by the naval constructer, W. J. Bax- ter, at Mare Island Navy-yard, was this [anemoon taken down San Pablo Bay as far as the Brothers on her maiden trip. On board were Chief Engineer Kutz, Con- structor Bexter, Chief Draughtsman Kirby and Engineer Solon Arnold. On’ the 30th ult. steam was first gotten up, and promises given of her complete- ness were verified to-day when the sail- | maker, Wm. Redstone, turned her wheel | for the first time. Of course no attempt was made to test her for speed, but she | was put through various evolutions for de- veloping steer: backing, stopping and reversing qualities. A distance of three miles was covered in about thirteen min- utesagainst flood tide. Everything worked with remarkable smoothness. CALEDDAANS CELEBRAT { Thirtieth Annual Reunion, Ban- quet and Installation of Officers. | One of the Most Enjoyable Gatherings in the History of the Organization. Members of the Caledonian Club, with their wives, sweethearts and friends, had a merry time in the Scottish Hall on Larkin street last night, the occasion being the thirtieth annual reunion banquet and in- stallation of officers. There were about 200 couples seated at the tables, which were artistically arranged. The installation of officers was the first part of the programme, the installing offi- cer being ex-Chief Angus McLeod. The officers installed were: Chief, D. R. Mc- Neill; first chieftain, John Reid; second chieftain, Georgé Davidson; third chief- tain. James H. Duncan; fourtn chieftain, William Mitchell; physician, D. George Adam. Directors—George Connan, A. | Lauriston, George Harris, John W. Cam- eron, John E. Macfarlane. After the in- stallation ceremony Chief McNeill pre- sented the retiring first chieftain, A. Laun- riston, with a handsome testimon: The company then partook of a magnifi- cent repast, including oysters, relishes, salads, finnan haddies, patties, cold meats, dessert and Scottish bageis. The appear- ance of the *‘great chieftain of ‘the puddin’ race” was greeted with cheers. The pro- cession was headed by ex-Chief Angus Mec- Leod, followed by Piper Colin MacIntosh, “blawing wi’ birr,”” and members of the committee bearing aloft the haggis. The same reception and distinction were ac- corded the ‘‘bot Scotch.” The toast list followed, Chief McNeil acting as toasumaster. The chief made a few appropriate remarks before introduc- ing the toasts. He extended a hearty welcome to the guests and hoped they would carry away with them pleasant recollections of the evening. Since last banquet the club had been going along in the even tenor of its way and had been very successful in its annual gather- ing and games. The officers expected to make next year’s games a greater success than ever before, here or anywhere else. They pro]gosed to offer prizes that would attract the best talent in the country, and the club would produce four men who will offer to comuvete with other four men from any other club in the world. They now bhad Tom Carroll, the champion heavy- weight of the world, and others who will make the present champions look to their laurels. The address to the haggis had this year been omitted out of respect to the merhory of the late Thomas Ross. The toasts of *‘The President of the’ United States” and *‘The Queen’ were each greeted with cheers. “The Land We Live In” was_to have been responded to by Governor Budd, but at the last moment he sent his regrets and John Reid, the first chieftain, was substituted. He did full justice to the toast and his remarks were loudly cheered, notably the con- clusion: The star-spangled banner in trilumph shall wave O'er the land of the free and the home of the brave, “The Land of the Heather” was re- sponded to by Colin M. Boyd in an elo- quent and soul-stirring speech, breathing love for the heather hills as well as love for the Golden State. Francisco,” responded to by Supervisor C. L. Taylor; “Our Sister Societies,” by Andrew Wilkie, president St. Andrew’s Society; *‘Universal Brotherhood,” by Jeremiah Deasy, president of the Knights Patrick, in a brilliant effort; ‘El‘he Lassies,” by James Niven, and “The Press,” by C. Morrison. Speeches were also made by Judge Campbell and others. Dancing was begun anout 11 o’clock in the lower hall by the young folks and kept up with spirit till an early hour this morn- ing. The success of the affair was due to D, R. McNeill, George Davidson, John Reid, James H. Duncan, A. Lauriston and Wil- liam Mitchell, executive committee; John McLaren, W. C. Cook, Wallace Stewart, literary committee; and A. Lauriston, Jobn Smith, W. Urqunart, John Donald- son, W. Mitchell, James Millar and W. Hendersou, reception committee. DIED. RILEY —In this city, December 19, 1895, Willie, beloved son of Pairick and the iate Kafe Riiey a native of San Francisco, aged 6 years 6 montis and 5 davs, &G Notice of funeral hereafter. The other toasts were: “The City of San | MICHAEL DAVITT ARRIVES, The Noted Irish Nationalist on His Way to Attend Parliament. HIS OPINIONS OF SALISBURY. England’s Universal Oppression of Those Who Are Unable to Oppose Her. Michael Davitt, member of Parliament and noted Irish Nationalist, arrived by the Oceanic steamship Alameda from New Zealand yesterday. His coming was a surprise to his friends in this City, as it was thought that he would remain away from England several months longer. He is anxious, however, to be 1n London at the opening of Parliament. Mr. Davitt will spend a few days with his relatives in Oakland before going East, but his stay in the United States will be regular attractions out at the Chutes during the week, aithough hundreds have gone out to take their customary tumble down the slide. The management, however, has decided that on rainy days the grounds will be closed. On Stunday next Robert Earlston, the young aeronaut whose balloon sprung a léak on the last occasion, will make another attempt to take a trip to the sky riding a bicyele attached to his parschute. So many people last Sunday labored under the impression that he was airaid to make the escension and backed out at the last minute, that he 1is now on his met- tle. His airship has been thoroughlywopaired and he thinks that an accldent will be im- possible. IN PLYMOUTH CHURCH. Interesting Morning and Evening Ser- vices to Be Held on Sunday. Inthe Plymouth Congregational Church, Post street, near Webster, Rev. W. D. Wiliiams will hold Christmas services morning and evening next Sunday. The church choir, consisting of Mrs. Eva Tenney, Mrs. J. W. Madden, William Simonson, Charles L. Parent Jr., assisted by A. Harold Kayton, violinist, will, under the direction of H. S. Steadman, organist, present the following programme. The Temple Workers bavedecorated the church very handsomely. Morning service, 11 o’clock—Organ, “Christ- mas pastorale,” Le Moir; doxology, in unison, +Old Hundred”; invocation; anthem, “Hai- lelnjah,” Dellepiane; responsive reading, Nos. 43-44: bass solo and quartet, “The Mange: Neidlinger; Scrivture reading: amn them, *‘From the Realms of Glory,” Schnecke: raver: offertory; soprano solo, “Come, all baithiul,” Boex; hymn 274; sérmon, “Christ MICHAEL DAVITT, short, as he expects to sail from New York | and God”; closing prayer; hymn 279; bene- | die postlude, Guilmant, on January 8. He will not deliver any speeches or make any engagements, and has no object in L view now but to return to England imme- | diately. | “Nothing interests me more, and, I might say incidentally that nothing } amuses me more, at this time than the at- | titude of Lord Salisbury and President | Cleveland,” he said. “While I do notfor | a moment dream that two great nations | will ever 2o to war in these civilized times | over a few thousand square mules of Vene- | zuelan swamp, still the situation teaches | many lessons and is attended with many significant omens. “In the first place Lord Salisbury took a very remarkable position when he refused to submit the Venezuelan trouble to arbi- | tration. Itis an unprecedented thing to do, and without warrant of international law. I have the opinion that he did it knowing oi Cleveland’s rather unpopular standing at this time, and supposing that the Republicun Congress would not stand by the Democratic President. In that he was mistaken, and I have no doubt that | Lord Salisbury is the most surprised man on earth at the turn events have taken. “Itis a surprise to me. Republican Con- gress, Republican press and Republican sentiment throughout the whole country sustaining a Democratic President. “There is some little excuse, however, for Lord Salisbury. If he re: that Cleveland’'s stand was tal purposes of gzhtirz\l campaigning then he id right to bolaly oppose it. Subsequent events, however, have proved that on this matter the American Nation 1s 2 unic and Lord Salisbury is exactly where THE CALL'S cartoon placed him this morning—upa tree. Of course Cleveland won’t shoot, and Salis- bury does not want him to. No doubt that everything will be arranged diplo- | matically and that no bloed will be spilled. “This unanimous feeling on_the part of this ion forces another thought into my mind that is interesting this great country to-day. I refer to the political or- ganization known as the American Pro- | tective Association. I am an Irishman and feel as an Irishman. No matter where I may be I am still an Irishman, and there are millions like me scattered over this world. Now, I fail to see the necessity in a country where so much religious freedom exists as is to be found here for any such organization. The Democratic party of this country consists largely of Irishmen and Catholics, but all I ie eve are loyal Americans if they have taken the oath of naturalization. “‘Since viewing. the events of the past four days, what do I see? A unanim- ity that has surprised the world. Every- body in the United States has virtually cried out that the Stars and Stripes must not be tramvled upon. There has not been a contrary opiniwon expressed either by Irish Catholics or by the American Protective Association. This being so, and the National jealousy and pride being so manifest, it does not seem to me that Protestants have any reason to fear Cath- olics or Catholics to stand in awe of Protestants. “In Australia, from which continent I have just arrived, there was a similar or- ganization to the A. P. A. twenty vears ago and I noticed less of it this time than I did then. In England within the pest two vears the same spirit of opposition between the two great faiths has become more manifest, but although the feeling 1s stronger there is not to my knowledge any organization pledged not to support Catholics for public office. We Nation- alists find that we have our warmest sup- porters to-day in the districts where this anii-Catholic spirit has been strongest. It appears to me that the A. P. A. is as strongly pro-British as it is anti-Irish, and in spite of the apparent unanimity shown in this Venezuelan matter 1 believe that if the A.P. A. had declared itself it would have been opposed to Cleveland’s position. “I shall not speak here on any pretext at nll]nnd shall hurry away as fast as pos- isble. “The Tories are, of course, in power, and although the home rulers have not much | confidence in them they are going to make us concessions. They will introduce a biil giving Ireland more power in her county governments and arrange for the carrying out of large public works. Theseare given us in the hope of winning over our con- stituents, but Yethink such hopes will be blasted. When we get half we are apt to ask for the other ten shillings on the pound. Anyhow, I am anxious to get home and get to work.” Iy thought | n for the | Attractions at the Chutes. The bad weather has interfered with the Evening ser ) o'clock—Organ, “Fes- tival Chim, e is; quartet, “Ring, Beautitul B s, A invocation; alto solo, “A Dream of Bethlehem,” with violin obligato; hymn No, 2! reading 45: bass solo and quartet, “Caim on the Listening Ear of Night,” Marston solo, “Ring Out in Joy,” Blumenschei Scripture reading: quartet, “Holy Night Barnby; soprano solo, *“The Christ Child,” Coombs, with violin obligato; prayer; offer- tory; violin solo, “Andante,” Bohm: quartet, “Birthday of a King.” Neidlinger; hymn No. 276; address, “An Intervening Providence closing prayér; hymn No. 339; benediction: postlude, Haslett. ANNEKE JANS BOGAROUS, The Descendants of This Famous Dutch Lady Come in for Millions. Local Heirs Believe They Will Soon Be in Possession of Immense Wealth. If recent reports from Holland be true the descendants of that eccentric young Duteb woman, Anneke Jans, will soon be in receipt of a portion of the vast fortune left by Ler. On the coast there are no less than thirty claimants, half of whom re- side in San Francisco. The struggle between the heirs of Aulke Jans on the one side and the Trinity Church corporation and the Bank of Hol- land on the other has been going on for years. The property involved is variously estimated at from a half to three-quarters of a billion dollars, of which $80,000,000 is actual cash held by the Bank of Holland. The Trinity Corporation in New York has successfully fought every claimant, though admitting that they themselves held no perfect title to the property. During the last two years a number of new suits have been commenced against the Trinity holders, but in none of the cases has a decision favorable to the con- testants or otherwise been rendered. The local Anneke Jans Association expect an opinion any day now, and are confident it will be favorable. Among the San Fran- cisco heirs may be mentioned the Mon- tanya’s, Major Kip, Mrs. McGhee, Mrs. Halstead and M. C. Geo. The news, however, which directly in- terests Pacific Cosst claimants is a suit recently won by the Bank of Holland against the Government. The latter sought to have the $80,000,000 held by the bank revert to them, claiming that the time set by Anneke Jans had expired. The courts held differently and it now only remains for the heirs to put in their proofs in order to receive what has so long been wrongfully withbeld. At least that is the news received last week by Professor Gee and other local claimants and they n;e now getting their papers in proper shape. ltp is also said that early in January the Bank of Holland will send a commission to America to examine into the validity of each claim, and that as soon as this work is finished the money will be distributed. It is estimated that there are 500 airect descendants of Anneke Jans in America. This wonld give each heir, presuming the relationship can be legally traced, nearly $140,000. The New York property embraces Trin- ity Church, St. Johns Cemetery, 192 acres in the heart of the city and what is now known as the Bowery. Owing to the un- certain condition of, affairs the Trinity Church Corporation has been unable to collect rents since 1889, at which time the 99-year lease expired. READY framed pictures from $1 50 to $25 each. Onyx tables from $4 50 to $20 each. Piano and banquet lamps from $1 50 to 30 each. No such variety and no such pargains to be found elsewhere. Visitors welcome. Open evenings. Ssuborn, Vail & Co., 741 Market street. . ——————— The largest iron smokestack ever con- structed in New England was erected in Rockville, Conn., last week. It was 100 feet nhigh, 54 inches in diameter and weig!xe(f ten touns. The stick of timber from which the pulleys were suspended cost $350, and was brought from Boston on three freight tramns. ONE-SEVENTH FOR EACH, The Supreme Court Has Decided the Pearsons Will Case. NICE QUESTION OF KINSHIP Judge Coffey’s Order of Distribution Set Aside and a New Rule Established. The Supreme Court has reversed the former state of things in the Pearsons es- tate, and instead of being distributed to relatives of the decedent in proportion to the inheritances from the Pearsons line or the Mathewson people, one-seventh of the whole property will go to each of the relatives, or his or her estate. The estate was worth between $350.000 and $400,000. It was left almost entirely to the sister and half-sister of the testator, with the proviso that should they die be- fore inheriting the property bequeathed to them it was to go to certain charities to be named by the Judge of the Probate Court. The sisters died, and the bulk of the estate reverted to the charities suggested. But the law allows but one-third of an estate to be left in charity, and therefore, so far as two-thirds of his estate was concerned, Pearsons died intestate. Pearsous inher- ited $229,376 32 from his father and $36,- 676 05 from his mother. It was this dual inheritance which so complicated the dis- tribution of the estate. Deceased’s father, Hiram Pearsons, was the son of Parker Pearsons, who had been twice married, his two wives being sisters, Polly and Emma Bartlett. From the mar- riage of Parker Pearsons and Emma Bart- lett, Lucy Valentine was born; and from his marriage with Polly Bartlett, Clarissa P. Wheeler and Hiram Pearsons were born. Hiram Pearsons married Ann Charity Mati.ewson, and Hiram A. Pear- sons was the result of this union. By his will Hiram A. Pearsons left his estate to his two aunts, the sister and halif-sister of his father, and the contestants are the five brothers and sisters of his mother, Ann Charity Mathewson. The particular point involved was an order ({ismbming $150,000 to the asylums and the heirs. This amount, it was thonght, could be distributed without em- barrassing the estate. Of this $150,000, one-third or $30.000 was allowed to the asylums and the remainder, $100,000, or- dered distributed to the relatives of the father and the mother, in the same pro- portion as it had been inherited. The proportion was $86,690 to the relatives of the father and $15£09 to those of the mother, Ann Mathewson. Clarissa P. Wheeler and the estate of Lucy Valentine therefore received $45,045 each, and Ira Mathewson, Daniel Mathewson, Henry | Mathewson, Rhoda Smith and Lucy A Angell were allowed $2782 each. This order has been set aside, and the Supreme Court orders that each one receive one- seventh of the entire amount, and directs that the remainder of the estate be simi- liarly distributed when possible. In rendering its decision, the Supreme Court announces that the estate oi Hiram Pearsons, or that part of it in question on appeal, should be distributed just as if he had died intestate. “The rule which governs here,” the Su- preme Court says, “isas follows: If the de- cedent bad been without issue, husband, wife, mother, brother or sister, the estate must go to the next of kin in equal degree. In the case at bar the next of kind were the seven aunts and uncles of the deced- ent, and they werein ‘equal degree’; there- fore, the estate goes to them in seven equal arts.’” The respondent’s contention rested al- most entirely on section 139 of the Civil Code, which is as follows: ““Kindred of the half blood inherit equally with the whole blood in the same degree unless the inher- itance came to the intestate by descent, or gift of some of his ancestors, in which case all those which are not of the blood of such ancestor must be excluded from such inheritance.” Thée Supreme Court says: ‘The words “all those” clearly refer to their antecedents in the sentence “kindred of the half blood,” kindred of the heif blood being the su’] of the main proposition of the sec- tion which follows the word ‘‘uniess.”” The gection simply means that kindred of the half blood shall inherit exactly with those of the whole blood, except in a_cértain case, and in that kindred of the half blood shall rot in- herit. And whoare the kindred of the half blood? Why, of course, kindred of the half blocd of the decedent. There were none such | in the case at bar. the next of Kin of equal degree of the intestate be some of the whole blood and some of the half blood of the intestate the half bloods shall not inherit if they are not of the blood of the person from whom the in- testute inherited the property to be distrib- uted; butif all be kinof the whole blood of the intestate, or if the half bloods be of the blood of the ancestor, then all share alike. Kindred of the whole blood, if next of kin, share in all of the estate of the decedent, no matter from what souree it came, We (hink the plain grammatical construc- tion of the clauses under consideration is that the kindred of the intestate of the half blood shall inherit equally with those of the whole blood, except thatil the estate is ancestral only such kindred of the halfblood as are of the blood of encestor frora whom the estate came shall inherit. There is a similar case peading before | Tudge Siack—the estate of Frank M. Bee— and this decision in the Pearsons case will probably decide that case also. X Frank Bee died intestate. He survived his father, the late Colonel Bee, Chinese Vice-Consul in tnis City, and Colonel Bee suryvied his wife, the mother of the intes- tate. The property was the separate prop- erty of Colonel Bee, and came to the in- testate by gift, devise or descent from his father. The intestate left uncles and an aunt on his mother’s side, and children of uncles and aunts on his jather’s side. The situation is the same as in tae Pearsons estate. There is an appeal before the Supreme Court now involving the rights of cer- tain charitable institutions to inherit, but thes main question regarding the estate is practically settled. HE DID NOT KEEP HER. Mrs. Slater Released From the Irksome Bonds of an Unenjoyable Marriage. Mrs. George W. Slater is at length free from the bonds oi matrimony. In com- pany with her aged father she appeared in Judge Daingerfield’s court yesterday after- noon and prayed to be rel-ased from the ties which united her with her recreant spouse. ‘When called to the stand Mrs. Slater looked a little nervous. Sheisa slightand by no means ill-looking woman and seemed to be sincere in her statements. She testi- fied that she was married to her husband in Lowell, Mass., in 1832, For a time bhe did a little for her support, but since 1889 neither she nor her children have received a cent from their lawful protector. Two boys were born of the marriage, Willard Edward, aged 11 years, and George Dyman, aged 8 years. The former, accord- ing to Mrs. Siater’s testimony, is in Massa- chusetts with a family by whom he was adopted. She asked for the custody of the younger son and to be allowed to resume her maiden name. Lyman Smith, the plaintiff’s father, was the only other witness examined. He testified that his daughter had been sadly neglected by her husband, and in accord- ance with his advice bad come to this State in 1889. Since tbat time she had corre- sponded for abous a year. with her hus- band, but had received no assistance from him. The witness, her father, had sup- vorted her and her eight-year-old boy since her arrival. After hearing the testimony Judee Daingerfieid granted a decree of absolute divorce by default in favor of the plaintiff, on the grounds of willful desertion and failure to provide, awarding to the plaintiff the custody and guardianship of her younger son and granting her to resume her maiden name o Smith, ermission Ella Ida R — Next Collection Day. Under the euspices of the Board of Trade about 500 leading business firms in this City have signed the following agreement: Owing to collection day falling on Monday, the 30th inst., and being so close to the last of the year, when firms are desirous of closing their books, it is deemed expedient, and we. Tlereby agree, to make the next collection day on Friday, December 27, 1895. e e The West Case Goes Over. Owing to Judge Wallace's illness, the West case has been continued until the 26th inst. A DICTIONARY - DECISION. The Shade of Noah Webster Pleads for California Sandstone. Governor Budd Will Submit an Opinion to the Board—Conservative Hr. Colnon. The Harbor Commissioners were as- sisted yesterday in their sandstone delib- erations by Governor Buda. His Excel- lency came in late, but he soon hammered a hole in the stone wall at the ban of which the commission bas been working for several weeks, and heroically threw himself into the breach. The discussion swings around the ovinions of Attorney Ford and his chief, Fitzgerald. The former refers to a clause in the depot. building specifications which gives the boara the authority to increase or dimin ish the work mentioned, such change to bear the same proportion to the contract price_which work, added or diminished, shall bear to the whole work contracted for. Ford also found a paragraph in the law of this State whereby any change could be made of such substitution thatdid not cause a contract price change of over $3000. _In support of his position he quoted a New York case where the Sunreme Court overturned a Superior Court decision and | upheld a similar change. The Governor clinched this argument by stating that under the Calfornia law of 1876 the Attor- ney-General, Secretary of State and the executive have power to make changes in the contracts. Mr. Colnon explained in the outset that he did not believe there was any real or special demand for the California stone on the ground of location, but the question had been raised on sentiment. However, the board wanted to be right and be sure it was strictly in the line of Davy Crockett’s maxim before it went ahead. “We will have to award the contract to McCarthy,” said Attorney Ford, ‘*‘and make the changes afterward.” ‘“There will have to be a mutual agree- ment with the contractor,” said the Governor, *‘because if the terms of the stone people with whom the Board wishes him to deal be not entirely satisfactory to | him he will nail the State down to the stone mentioned in the contract, possibly.” “The Attorney-General holds that the term ‘work’ mentioned in that clause,” said Mr. Chadbourne, “may be studied with profit.” ““Where’s the dictionary” quickly asked the Governor, i mention of this Solomonic decision of the State’s law department. After some search they found it on Com- missioner Cole’s side of the table. Then the Governor, Mr. Colnon and the colonel bent over Mr. Webster's ponderous tome and sought for knowledge. ““ ‘Work’ —noun — plural—definitions — structures—in—civil—military—naval en- gineering—docks — bridges—material —for —working—upon,” read Mr. Budd, run- ning his finger and eyes down & column in the book. *“Well, according to the un- abridged and Attorney-General you can ke the change.” But I dislike the possibility of any con- tingency,” observed Mr. Colnon, who is more conservative than lexicographical. “If we enter into a contract we are bound to carry it out.”” “‘But if one of those stones were to crumble during the process of building,” returned the Governor, “‘would you not then make a change?”’ “But in any contingency the principle involved in the New York decision would stand,” said Attorney Ford. *But I want to know how we could de- Attorney-General | inspired by the colonels | I'no buildings to the north. termine the money difference?”’ queriéd Colnon. ! “That lies with the contractor,” an- swered the Governor. “Your onl{«‘luty is to see that the State gets a good building for her money.” : This silenced the president of the Com- mission, but he returned to the subject again soon, showing that he was not con- vinced. “I see before you a grave difficulty,”” continued the executive, “‘but I suppose I am in it too.” “Now, Governor, don't pleaded Mr. Chadbourne. 3 “*Oh, you can throw up your job and still be a colonel.” “I think we are safe even if the contrac- tors do make us go back to the old plan,” said Cole. “In all events we will be doing our best to get the best material.” The dictionary decision brought him a feeling of safety. *‘These high prices indicate that the California stone people have not com- bined,”” commented the Governor, looking over the bids. ““But I think the terra-cotta men had a combine.” “They could see that over at the blind asylum,” said the colonel. “Yes, even the feeble-minded children at Glen Ellen would awake to that fact,” said the Governor. “But I believe any specified contract must be carried out,” said Mr. Colnon, re- turning to the ola subject. ‘“What about that money difference in the event of a substitution in stone? Any contingency ?"’ ‘O, the contingency will take care of it- self,” interrupted Mr. Budd. ‘‘Maybe we might obviate any possible contingency b; using stone from the State’s quarry at Fol- som prison.” “The trades unions would never work on the job, then,” answered the colonel. The Governor advised the board to coun- sel with the Attorney-General and enter into a contract with the best and most sat- isfactory bidder, and that was all the State required them to do. He promised to study the matter closely and next Mon- day he will furnish the board with a legal opinion. It was _reported to the board that Wells- Fargo_‘s Express Company was occupying an office on the ferry wharf and paying the Southern Pacific Railroad Company a monthly rental for the premises. Inas- much as the office had been erected by the State at an expense of $250, it was thought advisable to inform Mr. Huntington’s people that the State could do her own rent-collecting. S. B. Bibben, representing the Arizona Red Sandstone Company, appeared before the board and reopened the stone question. He stated that he would furnish the Flag- staff stone cheaper than any firm in Cali- fornia, At this juncture a note was brought in to the president of the board from J. Boas of Sonoma County, in which he modestly stated that he fuliy believed that the State’s interests would be best subserved by taking stone from his quarry. . The board took a recess till this morne ing. desert us,” ————— FIRE AT MARYSVILLE. Empire Foundry and Harvester Works Destroyed. MARYSVILLE, CaL., Déc. 20.—At 12:25 o’clock this morning the Empire Foundry and Harvester Works, owned by a corpor- ation, was destroyed by fire. - There was a strong gale from the south, but there are The ‘loss is The beavy on machinery and patterns. total loss is $35,000; insurance, $8000. At @ Chess Tournament. ST. PETERSBURG, Russia, Dec. 19.— The chess tournament was continued to- day. The results of the games were as follows: Pillsbury (white) beat Tschi- gorin in a_queen’s gambit declined after | 55 moves; Lasker (black) beat Steinitz in, a queen’s gambit declined after 40 moves, 'he scores to date are as follows: Pill bury won 3, lost 1; Lasker won 3, lost 1; Steinitz won 1, lost 3; Tschigorin won 1, lost 3. e+ Racing at New Orleans. NEW ORLEANS, La., Dec. 19.—Seven and a half furlongs, Hibernia Queen won, Queen Bess second, Invade third. Time, 1:35:. Six furlongs, War Song won, Plug second, Cotton King third. Time, 1:15}%. Six furlongs, Bowling Green won, Gold Dust second, Dick Behan third. Time, 1:1414. Seven and a half furlongs, Jim Flood won, Squite G second, Gladiola third. Time, 8514, Seven and a hali furlongs, Tenspring won, Chenoa second, Simrock third. Time, 1:40. —————— Racing Events at Phenix. PHENIX, Ariz., Dec. 19.—The attend- ance at to-day’s races numbered 1000. The track was in_fine condition. Follow- is a summary of the events: Five-eighths of a mile, running, Tempe Maid won, Mark Smith second, Quien Sabe third. Time, 1:063. ‘Lib- Three-minite, trotting, Stanley P won, Gentleman’s road race, Princie G won, Novelty running race, one mile, Ramona erty second, Edith Kale third. Time, 2:39 brino second, Nellie W distanced, ~Time, 2:321¢. won, Mollie Dailey second, Ebb third. Time, 1:51%. \ NEW TO-DAY. WHY PAY $15 FOR $10 WORTH? A VERY SIMPLE QUESTION. Why pay a Retail Clothier $15 for an Overcoat that we, the Wholesale Makers, sell you for $10? Why do it, unless you have money to throw away ? Same difference in price in all grades—all kinds of Clothing. : P Wholesale Manufacturers ( Props. Oregon City Woolen Mills Fine Clothing For Man, Boy or Child i - RETAILED : At Wholesale Prices 121-123 SANSOME STREET, Bet. Bush and Pine Sts. ALL BLUE SIGNS ceeeesesese