The San Francisco Call. Newspaper, January 4, 1896, Page 13

i Gy \ l | THE SAN FRANCISCO CALL, SATURDAY, JANUARY 4, 1896. 13 Interesting Items From Important Points in Alameda County. |THE TRANSFER WAS G00D, BOGUS COINS Ih CAKLAND, Were Hidden Beneath the Floor of an Old Dwell- ing-House. They MUHLNER TO BE SENTENCED. Capitalist Thomas’ Wife Says a Trap Must Be Used to Catch Him. FicE SAx Fravcisco CALL,] Broadway, Jan. 3. § oney was found beneath a Pablo avenue and Bush ht workmen who were indation of a new ogus money has been in Qakland, the find at- ittention, h the been moved off en were employed ation, when Pat- turnea veral half-c it arrier, ver were loose 1n of no value, N wders to ca under wk Peak al 1em vere s,but e bad following bequests: $1006 and all the per- y H. s, $3500, to ; Albert H. M Whittemore, Vienna Hawes, $4( Fanny Farrell and I Mabe! E. Wis et Whittemore, $30 - ea e e te to Stella M. Stone. A New Chapter. Stella M Jan. —Oakland astern Star, installed 5 ers at its chapter rooms in 1 nignt. The new 2 membership of icers were matron; Sunice ; Venice F. Tripp, treas- conducires: 5 Ro: a Sutton, Ruth Hunt, Esther Scott Vance, ecta; r; Hannah Kellum, pro v, chayp Kate R I . OAKLAND, ( ( P I made an earnest reques ittee decided to re- > application. eral parts of h 1solvency are opposed 3.—The manager theater was frozen out to- ad'a good audience, but just en William Daly and "his ary, should have appeared ooms, Mana, Collins h from San Francisco tars of the Ali Baba aggregation nish the week out. The refusal result of a row with the comedian ny Wednesday night. As it le to proceed, Manager Col- yand had to close smpany will appear im —W. L. Thomp- mons issued by nk of San Fran- Thomas, the s s affidavi cate Thomas at at the office of the th the summons. ho asked him if ng in the i take a trap to is brought_to on restraining he soap com- he had a trap, an ! egative, she said 1t w catch Thom The Muhlner's Sentence OAKLAND, CaL., Jan m the Supe Muhl- or Court to- onviction Jennie Judge Frick will hear on for a new tri argume should f point on which 1 will be the fact th: ut into the jury taken and all we six for murder. compromised on manslaughter. Oakland’s Finances. ND, Cai., Jan. 3.—The City « e vexed question of the de I money in a place safely at yesterdny's mee was shown that the ci ng. hall could tonaccount of its weak- advised that the law e and the Treasurer zed to hire 2 vaultin one of ks and use it as a safe de- b time as circumstances of the charter being complied a suitable safe built. To Test the Pole Tax. Jan. 3.—In a few da i will fiie a suit tal Telegraph Com- pany of ‘a pole license lax of § upon ninety poles. This will be a test case to determine the validity of the” ordinance passea some time ago levy- | e a ground rental of $2 50 a pole upon | all-telezraph and telephione companies | using the public streets for their. poles. Suit- will reught in the Justice Court, is under $360. ¥ ally Charged. as the amount 3 '.'.1..,‘3 D. Cav., Jan. 5.—A complaint was Tied to-day C. . Bowman, the dentist, charged with seriously wound- g frs. Montgomery by striking her on (o vioce with a neavy cane. The clerk had to visit the injured woman's home and it several weeks before she can ap- urt: It was with great difficulty cued the warrant. She is still €rious condition and the pre- limmnary” examinari ili I 2 tion will not be heard till 8he can attend court, bogus | -room | | attended a called meeting to discuss the | adv j county of Oakland. Henry Seimer has been again continued because of theabsence of an important witness. Seimeris charged with a felon- ious assault upon Myrtie Needham, 8 years Her mother cannot be fcund. She separated from ber husband because he dia not at once refuse an offer of $250 to refrain from prosecuting. Mrs. Ainsworth’s Allowance. OAKLAND, CaL., Jan. 3.—Margaret S. Ainsworth, widow of the late Captain g Amsworth, filed a petition for a family adowance, in which she sets forth that the estate is worth more than §100,000 and that the income exceeds $250 a month. She asks that this sum be allowed as a family income and to-day Judge Frick made the allowance asked. HISTORY OF A DAY, Alameda County Happenings Told Brief Chapters. OAKLAND OFFICE, SAN FRANCIECO CALL, 908 Broadway, Jan. 3. Complaint has been made to Chief Lloyd of & gang of tramps who make their headquarters at theend of the Twenty-second-street sewer. The men have & tent at she place. Possible suicide while insane was the ver- dict the Coroner’s jury in the case of Francis Cassagomer, wWho was drowned at Point Isabella. He had been insane for five years. The srt exhibit and New Year's reception at the Manse was largely attended yesterday. The pictures are open to the public from 2 to 5 in the afternoon and 7 to 9 in the evening ary 9. in jung Fred Adams, who got himself into ious difficulties by his hasty marriage time since, is now attempting to break bonds that still hold him firmly to his v wife. r Stahl, who was last week appointed police force, brought in_ his first cyelist nine. This was P. H. Rosenheim, who v. 1. L. Knight also forieited same charge, The entries at the Acme Club five-mile hand- icap race next Sunday closed last night with the following names: J. H. Otey, P. Lefevre. red Simen, J. Clymer, W. Greaves, G J. Cul- hene, J. E. Scott, Charles Slamberg. John D. Lawson and Louis Walker haye filed their appraisement in the estate of Beele liner. The estate consists of an undivided terestin real estate and personal property in Yolo County, and is valued at $4487 75. re is now on hand in the City Treasurer’s $119,971 71. The different funds are all reasonably well supplied, except the salar fund, in which there is only $4818 62. Pay ments drawn upon this fund hereafter will have to be deferred. The police are making it warm for the pro- fessional beggars about the city. seven of whom were in the Poiice Court to-day. Judge Wood seritenced two of them to serve three months in the County Jail, two two months and one thirty days. S. Manning, the ey nir st, who pleaded not g to riding by Officer’ Peterson at Thir- teenth avenue and East Twelfth street, was found guilty by Judge Wood this morning. He has¥5 bail up, which be will forfeit. 1f he had for CAREFLL OF 175 HEALTH Alameda Likely to Further Reg- ulate the Delivery of Milk. The Exempt Firemen Held Their An- nual Election of Officers Thurs- day Night. ALAMEDA, Car. Jan. 3.—Veterinary Inspector Carpenter Is going to recommend of milk in Alameda. The bottle plan is in vogue with milkmen, and the inspector knows of two casesof whooping cough which he is convinced resulted from con- milk. The inspector v it is to spread disease explains how easi which ckildren with whooping cough or other disease may have drunk is often bandled by the milkman, who imme- aiately thereafter handles a filied bottle. He generally lifts them by the neck. Germs from the empty bottle are thus car- | ried to the filled one. The danger from | this source will probably be zuarded against by more stringent regvlations. | Exempt Firemen’s Election. ALAMEDA, CaL., Jan. 3.—The annual ixempt Firemen took in result: Pres P. W. Barton; eg- | president, M. Gundlach; second vice-pres .i}»\.{en[, J. C. Murray; foreman, F. g place Thursday night, with the follo rauth; first assistant foreman, C. Sturm | second assistant foreman, M. Hackett; | secret: George H. Turner; treasurer, M. G. Btrong; directors, T. R. Hanson, W. M. McKean, Henry Muller, F. K. Millington, W. G. Stahl. The following new members were elected; W. H. Clar- ence, John Beeanne, John Sorensen, W. McKean, August Anderson, J. F. Wood- rum, J. £. McKean, J. B. Lanktree and A. R. Denke. No Room for Outsiders. ALAMEDA, CaL., Jan. 3.—The new City | Hall is very large and roomy ang there are two big apartments that it was thonght ent. With a knowledge of this fact the courts. The constables are township and not city offices. The city magistrate is the Recorder, who has fine court accommoda- tionsin the basement. The vacant room will all be in_the second story, and the Board of Municipal t'rustees has decided that it is inadvisable to have a courtroom on that floor and on general principles to have an office not strictly a city office in the build- ing. e .. CAKLAND COUNTY. First Effort for a Consolidation Meets With Opposition. OAKLAND, CaL., Jan. 3—The Council chamber was well filled to-mght with citi- s from many parts of the county who ability of consolidating a city and Mayor Davie was alled to the chair and F. R. Porter of ing. The call was signed by the president of the Board of Trade and Merchants’ Ex- iding of an | change and by the officials of the seven banks of the ci officiale, M. J. Keller, president of the Board of Trade, favored the proposition and so did Auditor Snow. County Assessor Dalton thought there was too much ignorance 1egarding the matter at this time and said that a com- ;’mllee ought to be appointed to prepare acts. Columbus Bartlett ridiculed the idea and said that Oakland had better follow San Francisco’s example and become a great city before trying to become a city and county. James Stanly of Mission San Jose pro- tested against being shut ont. He said that the law regarding the population of a city and county could not be fulfilled and hence the scheme was not feasible at 4his time. A motion was passed consti- tuting all those who had signed the call an executive committee to prepare data and arrange for future progress —— Tiie Alaska Boundary Question. It were wel! that the Alaska boundary question should be settled. The negotia- tions over it ought to be begun and com- leted without ‘any unnecessary delay. he surveyors have done their work, and everything is ready for the Commissioners of the United States and England.—New York Sun. ———— ty and many city and county A Mother Missing. OAKLAND, CaL,, Jan. 3.—The trial of The herd of buffalo in Austin Corbin’s further regulations regarding the delivery | by this method. An empty bottle from | might not be put to any use just at pres- | constavles have tried to get them for their i choes explained the purpose of the meet- | ARE ALL GRINDING AXES, The Mayor Says the Police De- partment Is in a Disgrace- ful State. TALKING INSTEAD OF WORK. McCloud’s Rehearing Merely a Pretext for the- Vent of Political Malice. OARLAND OFFICE SAN FrANcISCO C.\LL,} 908 Broadway, Jan The refusal of Mayor Davie to sit with the Police Commissioners at the rehearing of W. H. McCloud, who was dismissed from the police force over a year ago, is the talk of political cireles at this time. W. H. McCloud was dismissed a year ago by the last Board of Commissioners after a hearing of several days. At that time Louis Schaffer was Chief of Police and what was termed ‘‘the gang’’ was in office. Last March ‘“‘the gang’’ was beaten at the polls and Schaffer put out of office in August. As soon as Schaffer was out a crusade was begun against his administration on account of his preferring charges against Officer Bunks. As the affair stands at present Banks is charged with bribery, Schaffer with systematically blackmailing Chinese lotteries, Detective Holland with | carrying the money to the ex-Chief, and Schaifer has charged several other officers with gerjury. Ex-Mayor Pardee and several prominent | men have testified on bebalf of McCloud, and an attempt has been made to induce | Justice Fred Henshaw of the Supreme Court to give his testimony, but he has not yet appeared. Chief Lloyd has signed | McCloud’s petition o be reinstated, and this materially complicates matters. It is | apparent tuat the “‘rehearing” is simply a safety-valve for the outpouring of much political malice on both sides, and while it is delectable to the lobby it is working havoc to the efficiency and discipline of the force. “‘Before I refused to sit at the rehear- | ing,"” said the Mayor to-day, *I looked into t asked for a trial he would have got off | McCloud’s record, and found that he was | suspended three times and fined, and | finally dismissed. | “That convinced me that be was not | entitled to a rehearing. But apart frora McCloud’s case there is a principle in- | volved in the case that cannot be lightly | passed over. 1am ashamed of the Police | Department as it is, and should | precedent of reinstating officers be es- | tablished we might as well do without the | force at all. At the present time one-half | the department is engaged building fences | against the intrusions of the other half. | While thi | committed nightly within a few blocks of | tbe City Hall and highway robberies are | reported irom all parts of town. | If the precedent is set of a dismissed | officer getting a rehearing it means that | | every time there is a new board, which is | every two vears, the men who have been | dismissed will come back and reasons be | found for discharging others to make the | necessary yacanei *No real work is being done by the | department at this time. A few ‘drunks’ are brought in and a few poor fellows who |beg or who violate the sleepin; | ordinance are arrested, but what real car-robbers or footpads? “This matter of frittering away the time of serious matter. Piersol is ( Attorn as well as a Police Commissioner, and | while he wastes his time over this kind of work the Council votes $300 for special attorneys to defend the city in the | over the Harrison-street opening. There is no merit to this investigation at all. Do you think Dr. Pardee would waste his | time sitting all day in the boardrooms | merely for the sake of seeing McCloud re- | instated? He is actuated by far different | motives. November and last March, and it is a dis. | grace to all who have anything to do with it.” STOCK BOUGHT SECRETLY Purchasing the Berkeley Electric ‘\ Lighting Company Scrip Incog. | Other Holders Fear That He Is Plot- | ting to Secure a Hostile Con- trolling Influence. BERKELEY, CaL, Jan. 3.—There is | wild consternation among some of the | stockholders of the Berkeley FElectric | Lighting Company lest the individual or individuals who have been purchasing all | the available stock o: the company re- cently will secure the controlling interest { in the concern and inaugurate some rad- ical measures which will treeze out the small shareholders. Their fears are all the more strengthened by the fact that the party who has been furnishing the money for the purchase of the stock on | the market has kept his name from publi- cation. J. J. Mason, a Shatiuck-avenue | real estate agent, who never hitherto | been in anvy way connected with the light- { ing company, has acted as the purchasing | agent for the unknown capitalist. Thougk hisname will not be divulged, it is given out that this mysterious person- age represents a million or more dollars, and that he purposes getting hold of the controlling interest in the stock with o view to making extensive developments in the plant. The shareholders say that this | means a heavy assessment and consequent freeze-out to some of them. Thus far Mason has secured about two- fifths of the 10,000 shares of the corpora- tion, and is still reaching out for more. The first large purchase he made was tnat of 1470 shares from J. George Gardner. | These shares went at a little over $L each, but those which he has recently pur- chased came at $3 apiece. Thus far the following shares bave been secured by Ma- son: J. George Gardner, 1470; Susan A, Judson, 334; Charles C. Juidson, Theo- dore Wagner, 450; Dr. C. 0'Toole, 50; Ida Wagner, 50; 'George J. Wagner, 16; Hugh H. Dobbins, 300. An assessment of $1 per share has been levied on the stock of the corporation, 7000 shares of which will become delin. quent on next Tuesday. Al stock upon which the assessment has not been paid will be sold then at public auction. W. ¥, Topham, secretary of the company, stated to-night that he believed the entire assess- ment would be paid between now and the date of sale, The heaviest stockholder at the present time save the unknown capi- talist is W. E. Sell, who owns 1460 shares. The prevailing enxiety among the smaller stockholders, who fear that they will be frozen out by the reported millionaire, will be at least somcwhat relieved next Tuesday at the sale, when he comes for- ward to pay the assessment on his stock. Postoffice Removal BERKELEY, CaL., Jan. 3.—The Lorin game preserve on Croydon Mountain, N. -y NOW numbers fifty. vostoffice will be removed on Janunary 6 from its present location to the Baker this | ork | | is being done in capturing the burglars or | oflicials by reopening old cases is a | | | t| “One of the best exv | | This is a continuation of last | block on Alcatraz avenue, a short distance west of Adeline street. Within the Mile Limit. BERKELEY, Cav., Jan. 3.—It is rumored that some of the illegitimate saloons with- in the mile limit have reopened for busi- ness, and are dealing out their goods clan- destinely, notwithstanding the fact that seven cases are in the courts for violation of the mile-limit liquor law. e FIRED THROUGH THE DOOR. Sunol’s Terror Was a DMember of a Political Combination. OAKLAND OFFICE SAN FRANCISCO CALL,) 908 Broadway, Jan. 3. Thomas Ward, the hotel man, who shot Wing Hop, a Chinese, at Suncl, has had his preliminary examination set for to- morrow. It has been ascertained that Ward is an ex-pugilist, and that before ke went to Sunol, six months ago, he was an active member of the Burns political combina- tion in San Franci THE INERTANCE Th On Trial To-Day Before Judge Coffey in the Stanford Estate. Senator McAllister Points Out Why the Law Will Be of Great Benefit. The motion to tax the collateral heirs to the Stanford estate under the new in- heritance tax law comes up again before Judge Coffey to-day for further argument. The case involves about $125,000, claimed to be due from over twenty heirs. The heirs are attacking the law, ciaiming that it is unconstitutional. Although the heirs of a number of large estates have recog- nized the validity of the law and paid up, others are awaiting Judge Coffey’s deci- sion. £ 5 If the law is sustained it will meana large income to the State for the benefit of | the public schools. Senator Elliott McAllister, the author of the bill, was some time ago appointed to | look out for its interests as amicus curie. Russell Wilson suggested at the time that it would be more appropriate as pater legis—iather of the law. Sepator McAllister, speaking of the law yesterday, said “You want to know just what it is and the merits of the law? Judging from the arguments made recently, one would imagine it a scheme on the part of the Legislature to rob people without saying, ‘by your leave.” The truth of the matter is that this law represents the best possible method of obtaining revenve for the State, It accords itself more nearly to the true principies of taxation than any existing {mv on the statute books to-day. 1t inter- other mode except the polltax; but it has the merit that is lacking in the iniquitous | politax, the merit of being just, and of {wmg collected from those who can best | bear it and at a time when it can best be borne. Of course there are various theories for sustaining this tax. And right here let me say that it is not to be confused with the income tax. It hasnothing todo with such laws.” ‘‘What are the features of it?"” asked, “It requires the payment to the State of 5 per cent of the amount received by all heirs and legatees excepting the children, parents, husband or wife, and brother and sister of decedent. These are all exempted | from the payment of the tax. And if the | amount received by any of those subject was to the payment be less than $500, then that | too need not pay. In that way the e:iti- cism that such a law robs the widow and orphan and those who may be directly de- | pendent on the decedent is met. anations of the theory of the law is that it is a payment for the benefit received from the State by | the beneficiary. Just at the time when the property of the decedent has no owner, the | State by its courts steps in and protects it for the benefit of those entitled to_the | property, whether they may be entitled | under a will of the deceased or under the | intestate laws of the State."” “But these exemptions, are they just?’’ was asked. “Certainly. The farther removed from the decedent in relationsbin the greater is the Sta The Massachusetts law makes the same exemption as our law does, and lin tne recent decision of their Court of Appeals the court said that these exemp- moral claim of collaterals and strangers is less than that of kindred in the direct line, and the privilege, therefore, is greater. The court, you see, recognizes that the legatee was paying for a privilege, exactly asa person pays a license for the privilege of conducting a ness.” “You speak of Massachusetts—-does the law exist in other States?’ “Yes, indeed. The various Legislatures are enacting them as fast as the sessions come about; and if the Supreme Court in any State knocks out the law as unconsti- tutional the Legislature promptly submits the matter to the people for a constitu- tional amendment. You see, now and then there is some peculiar constitutional rovision that renders the law invalid. We expect to pull it through safely here. “You can find an enumeration of the statutes in the work of Dos Passos on ‘In- heritance Tax Law.” The legislation has been so rapid that a second edition of this book became necessary, so as to include the new statutes and the decisions of the courts. *‘The money from this tax goes to the just commenced to make returns. Tevenue must in time become very large. About $80,000,000 has already been col- lected, and it is difficult to estimate just what will be the returns. The large’ es- | tates require iwo or turee vears to close, and some time must necessarily pass be- fore payments can be expectea. “The time may come when this method of raising revenue will be avpreciably felt. Think of the outrageous method that ex- ists at present. Our last tax rate is enough to drive capital from the State. As for this law affecting capital, that is all nonsense. No sane person ever heard of capital being driven from a State because an inkeritance tax was on the statute books. And on the other hand many a real-estate dealer will tell you about the effect of the last tax levy on capital. ‘he objections raised by the Stanford heirs are legal ones. They hope to show that they shLould not pay because his widéw and his brothers are exempt, and that in this particular theact has not a uniform operation. Bat those upholding the law believe that the actcan be sus- tained in every particular and that the Su- preme Court’s own decisions will sustain the contention. This view is also sus- tained by the cpinions of the courts in other States. The Stanford heirs have taken hope in the decision in New Hamp- spire that declared the act unconstitu- tional. But Mr. Dos Passos comments on that by declaring that decision to be in conflict with every well-considered ad- judication upon this subject. “‘Some refer to its novelty. Why, such laws have existed in Germany, Austria, Italy, France and England “from the earliest times. Politica! economists every- where recognize its justice. It would be'a serious matter and greatly to be regretted if this law should be declared unconstitu- tional, and it is to be hoped that tnis source of revenue willl not be cut off for the future.”” There are more than 300 communities in the United States where at least one Hun- garian society exists. 2 | feres less with individual effort than any | is going on burglaries are beins | the benefit of the protection afforded by | tions had a sanction in reason, becanse the | school fund. Of course, the law has only | But the | | | of the mortgage debt being largely in excess of | Pacific Bank Property Belongs to the People’s " Home. TWO DEEDS WERE EXECUTED. Judge Seawell's Decision in the Suit .of Clinton Day and P. F. Dundon. Judge Seawell has decided the litigation over the transfer of the Pacific Bank prop- erty to the People’s Home S aving Bank in favor of the Peopie’s Home. The action was brought by Clinton Day against the Peo- vle’s Home to set aside the absolute trans- fer and P. F. Dundon intervened in the suit. Judge Seawell’s decision upholds the transfer. The complaint alleged that on June 23, 1893, the Pacific Bank, 1n violation of its trust toward its depositors, conveyed cer- tain real property to the People's Home Savings Bank without any consideration, the theory being that the Pacific Bank held the property in trust for the benefit of all its depositors and as a security to them for the repayment of the amount of their deposits. The action was brought to subject the property to the same trusts while in the hands of the savings bank as incumbered it while in possession of the Pacitic Bank. It was prayed that the property be declared to be held by thesav- 1ngs bank in trust for the benefit of the de- positors of the Pacific Bank, and that a receiver be appointed with power to sell | the property and distribute the proceeds among the Pacific Bank creditors, and that the savings bank be compelled to convey the property in question to the re- ceiver if he were appointed. The action was commenced in Septem- ber, 1893. Early in December, 1895, a com- laint in intervention was filed by P. F. {l“undon, also a depositor in tne Pacific | Bank, in which he aileged, in addition to | the charges made by Day, that the deed of | June 23, 1893, was intended to secure the paymen: of certain indebtedness due b the Pacific Bank to the savings bank an that the savings bank was thereby made a preierred creditor and the transaction prevented a fair and ratable distribution of the assets of the bank among its de- positors. Dundon further alleged t.at when the deed was executed a majority of the stock of the Pacitic Bank unlg of the People’s Home was owned by the same | perscng, and that they simply conveyed | the property from themselves as Pacific Bank shareholders to themselves as Peo- ple’s Home stockholders; and furtier, that on August 3, 1895, the ific Bank, | for the purpose of extinguishing the debt | which had before been merely secured, | executed a deed of absolute conveyance of the property formeriy conveyed as security. In rendering judgment, Judge Seawell | holds that th:e deed of June 23, 1893, was only adeed of security for an indeb:ed- ness of over $200,000—in fact was merely a mortgage. Proceedings were brought in December, 1893, to foreclose this mortgage, and in March, 1895, judgment was ren- | dered 1n favor of the savings bank to the | effect that the deed was really a mortgage | to secure the payment of $219 448 and | that the property be sold to satisfy the | mortgage. | The deed of August 3, 1895, the court | continues, was executed for the purpose of satisfying this judzment, and also in order | to settle all the differences between the two banks, although at the time of the last deed the value of the property was much less than the judgment sought to be ' satisfied. In his opinion Judge Seawell says: Assuming that the Pacific Bank, upon its in. solvency, held said real property, as weil as all | its other ‘assets, as a trust fund for the payment oi its depositors pro ra a, the entire title to the property was nevertheless vested in the bank | subject to the execution of the trust. The deed | of June, 1893, being merely a mortguge, did | 1ot pass to the savings bank the title to the property, and itdid not acquire any estaie which could be a basis for the enforcement of the alleged trust. The Pacific Bank, aiter the | execution of that deed, st1ll continued to be | the owner of the property, and could only be | divested of it by foreclosure and sale. i in this action o receiver should be appointed, as L‘rnyed by plaintiff, a deed executed by h v the savings bank would pass 1o title, and a sule by the receiver would be an idle proceed- ing. The Pacific Bank is the proper party to bring n action affecting its title to property. Partic cularly is this the case where the bank is as here in liquiaation under the Bank Commis- sioners' act. Assuming that the complaint states a cause of action against the savings tank, it is one existing in favor of the Pacific Bank as trustee lor 1ts creditors and stock holders. No reason is alleged or shown why his action should have been commenced by & depositor. Ine only contingency in which & de- | positor could, if At all, maintain an action of this charactér, would be where the directors after demand made upon them by u depositor, refused to bring it, or where a majority of the directors then in | j office had participated in the alleged wrong duing. In all cases where & case of action is as serted bya depositor or & stockholder of u | banking corporation in favor of such_corpora- tion, the latter is a necessary and indispens- | able party. When made a_deiendant because the direciorsrefuse to bring the suit, it is ertheless the real plaintiff. Any litigation involving the validity oi the morigage, o which the Pacific Bank was not a party, would be idle and froitless. No judgment in this action could afford the savings bank any re- lief, neither woulda judgment in favor of the latter bind the Pacific sauk. This is uot mere- 1y a non-joinder of parties which are involved by » failure to plead it. In & proper case it would be the duty of the court to oraer the omitted—necessary—parties 10 be brought in. Such a<ourse would not be proper here, for the reasons ihat the deed of June, 1893, was merely ;4 mortgage, and that since the action was commenced the Paei Bank has become estopped o deny the valid. ity of the mortgage. 1 answer was now made thiat the Pacific Bank be made a prty defend- ant it would take effect as of this date, and | would not relute back to the commencement of the action. | The complaint in intervention oi Dundon was filed 2iter_the entry of judgment in the foreclosure suit. The dépositors of the Pacific Bank were not necessary or proper parties to that sction, and as there is no ailcgation that the judgment was procured by collusion or fraud, they, as weil as the stockholders of the Pacific Bank, are estopped (rom denying the validity oi tiie morigage or the indebtedness adjudged to be secured therevy. The amount the value of the ,property morigaged, the de- | positors of the Pacific Bank have no reasou to | complain that they executed a deed of the property 1o the savings bank in satisfaction of | the judgment, and_thereby not only saved the expenses of a Sheriff’s sale, but also settied all othier differences between the two banks. Ihave not deemed it necessary o express | any opinion upon the other questions dis- | cussed by counsel. I find, however, that at tie | date ot the deed of June, 1893, the Pncilic’ Bank was insolvent and the savings bank had notice of such insolvency. Judgment for defendant. REAL ESTATE TRANSACTIONS. W illiam T. Garratt Jr. to Sadie L. Garratt!lot on'S Jine of Broadway, 60 k of Laguna street, £ 27:6 by $112:6; gift. Willism schwarke to Fred A. Kuhls, lot on W line of Broderick street, 127:6 N of Tonquin, S 30 by W 70:9; #5. Veronica €. Baird and Ebenezer Scott (irustees of estate of John H. Baird) to Elia Dutell, lot on § line of Haight street, 112:6 15 0f Masonlc avenue, K 25 by S 137:6; 810. Forrest 5. and Effie L Rowley to Lillie C. and Mux J. Mertens, 1ot on I line of Beivedera street, | 885:9 5 of Wailer, S 25 by F 121:1035; $10. Liiile C. and Max J. Mertens to Peter £. Smith, same; $10. John Coop and James W. Smith (o Edwin P. Huime, lot on NF, corner of' Erederick and Belve: Qere streets, K 25 by N 100 Willlam . and Lydla ¥. Woodman to Claus Spreckels, 10t on N W corner of Sixteenth and Shot- weil streets, W 126 by N 110; $10. ‘Thomas and Julia Rourke (by S. C. Bigelow and A. A. Smith, trustees,) to Chrisiopher A. Buckley, iot on & line of Larkin street, 62:6 S of Greenwich, 526 by 1 87:6, trustees deed: $700. Katy Arooup to Mary Coughlin, Iot on E line of Larkin street, 46:10 N of Filbert,'N 2218 by 12 00; Estate of Thomas Lerkin (by Martin O'Dea, executor) to Joseph McEvoy, 1ot on NE line of =5 + J. Otto Hunick NE Ninth street, 37:6 SE of Stevenson, 8E 37:6 by NE 75; $27,300. ALAMEDA COUNTY. Eugene and Mary A. Wilcox to Helen E. Hugh- son. ot on S line of Francisco street, 161:6 £ of Grove, E 35:6 by 5 135, being the E 10 feet of lot 13 and W of 10:'12, Llock B, Janes Tract, Berkeley; $1 S. C. and Josie Longwell to_J. H. Edson, lot on NE line of Olive street, 220 SE of Warner avenue, NE 150, £ 78.27, SW 163.46, NW 43.88 to be: givning, ot 6, block $1, Warner Tract, Brooklyn Township; $10. J. H, Edson to Oscar L. Knowles, same; war- ranty deed; $10, Mary Kane to E. A. Harris, lot on NW corner of Second ana Rarrison streets, W 74 by N 85, being portion of lots 19 to 22, block 18, Oakland; $5. Charles P. and Hattie M. Kern to Peter Rother- mel, Iot on SW line of Pearl and Ruby streets, W 115, § 35, ¥ 111.04, N 35.16 to beginning, loc 58 and N 10'feet of lot 57, map of the American In- vesiment Union Tract No. 1, subject to mortgage for $2000. Oakland; $10. John F. and Maggie A. Byxbee to Jackson G. Crooks, lov_on NW corner of Nineteenth avenuc an 40 by W 130, block 41, San Antonio, East Onkland: $10. J. G. and Florence A.Crooks to Citizens’ Building and Loan Association of San Francisco, same; £10. Citizens’ Building and Loan Association of San Francisco to Jackson G. Crooks, same: $10. W. A. Knowles to David N. Knowles, lots 20 and 21, block I, Broadway Terrrace, Oakland Town- ship: $10. 3lountain View Cemetery Association to Willlam A. Sutherland, Jot 180 in plot 12, Mountain View Cemetery, Oakland Township; 338. Edward E. (and as atiorney) and Susan Potter (by attorney) to Elizaueth Donnelly, lot 28, mup of the Pottér Tract, Berkeley; $10. L. B. avd Laura A. Pinney 1o Paul Schlotshauer, loton SE. corner of Hopkins street and soston avenue, S 53:7 by E 180, lots 33 and 34, block E, map of subdivision of a portion of blocks I, A, B and F, revised map ot Prospect Hill Tract; Brook- 1yn Township: $475. Crescencia Delgado to Francisco Fernandez. lots 1,2 and 3, biock 42, Northern Addition to Liver- more, Murray Township: $450. ‘Theodore J. Fish to Edmond C. Lyon, lot 89, Pa- cific Theological Seminary Tract, subject Lo mori- gage for 8600, Oakland; $10. ¥. M. and Lina M. Cary to Mary Surryhue (wife o , loton N line of Fourih street, 75 K of Madison, 12 26 by N 100, lov 28, block 128, Oak- iand; $10. Thomas A, Leighton to Louisa R. Cunningham, lot commencing at a point 200 N from_the corner of Thirty-fourth and Adeline streets, W 123:3 by N 100, lot 10, block 681, Watts Tract, Oak- land; 5. John and Emma Woods to Peter Thomson, 1ot on W line of Franklin street, 143 N, NE 50, NW 9159, SW 25.30, 8! 100.22 to beginning, Oakland ; $10. V.. Metcaif and W. G. Henshaw to Luceba E. Agard, 1ot on E line of Peralta avenue, 264.23 N of the old county roud, No. 708, N 105 by I 125, be- ng lots 51, 52 and 53, Frolivale Glen; also lot on ine of Bray avenue, 150 N of the old county road, No.708, thence N 110, E SW 103, SW 31.10, W 69.55 (0 beginning, being lot 70 and § 40 feet of lot 69, Fruitvale Glen, Brooklyn Town- ship; $10. Builder's Contract. Jacob Rosenberg with R. Zelensky, painting, varnishing, etc., for twe three-siory frame build- ings on S line of Sacramento street, beiween Web- ster aud Buchanan; $1300. JONQUIN HILLER'S VEWS He Reads a Paper On Illustration Before Partington’s Students. The New Year’s Entertainment Among Young Picture-Makers a Com- { | , | Outin the Thirt | THE BUCKLEY PRIMARY, 1t Is Near at Hand, and Prepara- tions Are Very Hot and Lively. CHRIS ATTENDS A COUNCIL. The Junta Waits on the Supreme Court and Figures on the State Convention. The intensity of the preparations for the Buckley Democratic primary increases as the 11th inst., the date of the election, nears. The Buckley faction with its enrollment of 12,000 1s going ahead with complete dis- regard of the quiescent Junta, and no im portant talk of compromise is heard. Su h talk and effort will soon be revived, though, as the situation pecomes chang as it very soon will, by the primary elec- tions, and especially by the expected Supreme Court decision on the new Elec- tion Commission. The Buckley primary committee of twenty-five is nightly busy now. Last night two district rows gave the com- mittee some special work and crowded the committee rooms with contesting delega- tions. These and other things calling | for the judicious “advice” of a master | brought Chris Buckley himself to the meeting. He, of coursa, merely * his friends” and encouraged t interest of Democrac h District there is a fierce battle on between two factions, each of which wants to gain control of the dis- trict. The redoubtable Colonel O'Byrne | leads one faction and Lawrence Dolan, now | president of the district club, heads ths | 1t is said that a Senatorship looms | up dimly in the distance to explain the rivalry. Each side worked hard during the enrollment, and each charges the other with stuffing. ch side has put up a | ticket for the primary, and the two factions | disagree so fiercely that last might the primary committee appointed a special committee of three, with James H. O'Brien as chairman, to take charge of tne rolls and of the election. Another fierce contest is on in the Thirty-second District. It is an old one revived. Ex -Supervisor P. F. Dundon and his friends are on one side, and George McElroy, Alex Greggains and others head the other faction. The primary commit- tee has yet given no orders concerning this contest. There are other factional contests, but they will probably be peace- ably settled at the primary. plete Success. The New Year's entertainment of Part- | ington’s School of Illustration held last night at the studio on Pine street was a successful and entertaining affair. Leading society people were present and Colonel John P. Irish acted as master of ceremonies in his happy and interesting way. The apartments occupied by Mr. Partington’s pupils were tastefully deco- rated with exotic plants, while drapings and rows of statuary graced the sides of the main hall. The programme consisted of varied fea- tures, all of which were received with applause. Those who were expected to do something clever put their whole soulinto the effort and the resalt was something out of the ordinary. Joaquin Miller's paper on “The First Book and the Last” was characteristic of the poet,and although he held tie platform for some time, the reading was brigntencd by well-placed anecdotes, told as Mr. Miller can tell such | tales. He we went on to prove in his argument that the last of man’s books will be a book of pictures. “'The first of man’s books,” said he, "'was all in pictures, pictures of long-armed kinzs, birds of prey, horses in battle harness, bows and arrows, chariots of war, etc. Let 5000 years of flame and flood roll over this continent and what would we have left? Only a few pictures on an obelisk in New York, two in Lon- don, three in Paris, a dozen iIn Rome and a few dozen in Egypi,and a few crude | stone pictures by the Toltecs and their conquerers, the Aztects.” He continued to recall the history of the world that to-day is told on the stone monuments that are still standing all over the face of the earth. He came down to modern times and continued: “‘Really, no man can count himself equipped for the field of letters who does not write in pictures quite as readily as in ables. When 1 was iast the guest of Mark in at Hartford I found him busy at work learning to make pictures with his encil. Mr. Williams, who illustrated his “Innocence Abroad.” told me while try- ing to give me lessons, that Mark Twain now makes all his own pictures although he began learning only after he was gray- headed. Iam told that Bill Nye began to ke those truthful pictures of himself fter he was gray-heaaed—not only after he was gray-headed but after he lost every gray hair out of bis head. And wecan well believe from his pictures that ne be- gan making them not only after he had lost every gray hair, but a good deal of the gray matter out of it also. Seriously, beyond the superficial illustrations of what | may be written, in pictures lies the deeper language—the great sea of sentiment, love, and hate and despair, faith and hope and charity; pictures of the heart, pictures that will be at times wet with tears.” There were few arguments in favor of picuures that Mr. Miller overlooked and he showed that he was familiar with his | subject. Following is the full programme: Trio, violin, "cello and piano, Miss Blanche Partingcon, H.J. Bruenn and Lovel Langstroth ; eong, Miss ‘Dora Goodsell; address, “The First Books and Last,” Joaquin Miller; violin solo, ; recitation,W. Robinson; irio, violin, ‘cello and piano, Miss Pertingion, Mr. Bruenn and Mr. Laugsiroth; song, Miss Dora Goodsell; recitation. Mr. Partington, assisted by his son Rich- | ard, who is one of San Krancisco’s best illustrators, together with Miss Gertrude | Partington, received the everybody Ieel at home, ——— - PAINTED SPARROWS. Sold as Singing Birds Swindlers. There is a peculiar industry which is de- veloping in Chicago. It is the painting or dyeing of the plumage of that little pest known as the English sparrow in colors like the canary. The painted sparrows are readily disposed of to the innocent house- wife, who believes that the chirp of a song bird will make the home more cheerful, guests and made | and who readily parts with the last of her pin money to purchase one of these little | imposters. This industry has long been established in England. The business bas peculiar advantages, as there are few people who cannot be taken in by these artistic fakirs, for the sparrow is not unlike the canary in size or frame, and then the material is always at hand for the catching. Of course there is an outlay for paints and dyes, but even con- sidering this, the birds can be sold for less money than the imported Hartz Mountain or St. Andresburg canary. If, howev. T, the purchaser has decided that he or she must have a German goldfinch, one can be furnished for even a less price than a | | latter. 1If a bird that will sing on demand is wanted, the vender explains that at the present time he has nothing but young ones. But he does not fail to explain that even the mother bird was a wonderful singer, and that the male could not be hurcl};;ed for any price.—Chicago Times- erald, by Chicago | The primary commitiee ordered last night that the various district delegations to the gei-2ral committee should meet on next Monday evening and choose election officers in accordance with the require- ments of the constitution. From these | two factions the majority shall choose | three election officers and the minority three. | The Junta will not make a move until | the Sapreme Court decision in the Elec- tion Commission contest is announced. If the new Commission is sustained, the | Junta primary is expected to go right | ahead under the adopted plan of having | the commission voluntary choose the pri- | mary election officers. As these rival pri- maries are simply for the election of rival general committees and not for the elec- tion of convention delegates, the new pri- mary law cuts no fignre. If the present Election Commission is knocked out, the Junta will probably have its primary com- mittee appoint election officers and go ahead. The principal hearing of the decision all are waiting for lies in the indication it will give of whether or not the new primary law would be upheld by the Supre Court. Ifthe new primary law operates and delegates to the State and municipal conventions are elected under it the pres- ent rival primaries will amount to noth- ing. In that case the Buckley and anti- Buckley factions must go to one election and test their strength. There can be no contesting delegations to the State con- vention _and no rival municipal conven- tions. If the primary law does not hold these things will occur unlessa compromise is effected. There is a vague expecta- tion that the primary law will be tested, but no one has anno it. 8o all factions are w strong their p things go according to the old methods. lis Tonea iz eienicne figuring on a big advantage in the State convention if the | primary_law fails and contesting delega- tions foliow another set of rival primaries. They count first on the friendship of Chair- man Gould, who is expected to officially recognize the Junta as the regular party organization by issuing to it the call for a primary. Then he is expected to further recognize them by putting their delega- tion of 140 on the temporary roll. That would give them the ability to elect a riendly chairman who would appoint a | friendly committee on credentials. The | contesting Buckley delegation, however | strong and well backed, could have noth- | ing to say until the committee on credaen- | tials had reported. Then the fight would begin with a large prestige on the side of | the anti-Buckleyites. But the Buckley- | ites laugh confidently at all those expec- tations. | 1 NEW TO-DAY. | KNOWLEDGE Brings comfort and improvement and | tends to personal enjoyment when | rightly uuec{ The many, who live bet- | ter than others and enjoy life more. !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 principles embraced in the | remedy, Syrup of Figs. 4 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 nns permanently curing constipation. 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 druge gists in 50c and $1 bottles, but it is man- 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 nos accept any substitute if offerew