The San Francisco Call. Newspaper, January 17, 1896, Page 5

THE SA FRANCISCO CALL, FRIDAY, JANUARY 17, 1896 WINE, DINNERS ANG GAERRIMENT, How C.P. Huntington Spent the Government's Money ON THE CONGRESSMEN. Two Points in the Railroad Case Wherein the Magnate Erred. CENTRAL PACIFIC BOOKS LOST. Strange Disclosuresin the Suit Brought Against the Railroad Commis. sioners. Oregon State line. In payment for this 80,000 shares of capital stock and $4,500,000 in mortgage bonds were paid. The secretary, when he produced this lonely contract, Yolunteered the informa- tion that he would furnish the committee with a certified copy of the document. To this Commissioner Anderson answered that he was so filled with joy at obtaining this **last rose of summer’’ that he did not hepe for anything better than to copy the document himself. Among the most important contracts which Mr. Miller declared to be missing were those made with Crocker & Co.. Huntington & Hopkins and those already menticned in connection with the West- ern Development and Pacific Improvement companies. The total stock authorized to be issued, Mr. Miller claimed, was $100,000,000, of which $68,000,000 had been issued, and the remaining $32,000,000 held in reserve. The secretary produced some twenty-two leases between the various roads and the Central Pacific Company ; also the pooling agreements between the Company‘aml the Auantic and Pacific road, also the Southern Pacific. But he could not Smmduye the pooling agreementwith C. P. Huntington, so much desired by Commissioner Ander- son. Part of the testimony given by the late Alfred A. Cohen was read. In it he states that having once been retained as attorney for the Southern Pacific Company, he was );{lnd:ed 10 never take a caseagainstit. owever, in his capacity as an attorney, he had brought numerous suits against the Central Pacific Company. On one occasion he represented the in- terests of numberless stockholders in the action known as the Robinson case. This was compromised. Another time he was engaged by the county San Joaquin against the Central Pacific to recover the value of certain stock of the company be- Ex-Tudge Daly, who on Wednesday be- gan reading the voluminous testimon printed as the report of the Congressional Committee on Pacific and Aided Roads, failed to put in an appearance in J McKenna's courtroom yesterday morr Attorney-General Fitzgerald w still inclined to undertake the readin cause, as he stated, the d courtroom, with its miserable ventilation and acou tics, did not al him to remain in it more than a little while at a time. True | enou the general spends most his time smoking cizarettes in the outer room, | where there is no steam radiator. As for ex-Judge H self with enongh a argument to recons be ney of ier his first ruling and take un- der advisement the adnm y asevi- dence of the Congre: committee’s | report. He is not a very robust man, | either, and the dark lines ben s eves | ning of midn \ flaw vhich, when the v to score ifornia, The to follow the as taken some s back to the faint glimmer | to get into the ky windows on praisers’ building Upon bis limbs ex- her chair he held a copy of onal committee’s report be- lines faithfully and °r in & mistake. | he exclaimed; “not en- ineers,” and the e tented and more than | awakened later on. Anderson, the Assist- neral, who was readi . He was the only r nsel for the Railroad Com- ss enough of consequences the task. T'at the readi anesthetic effect on him at the close of the day ng | close ! asked which particu- point, in the testimony impressed him | don’t ask me,” he becged. Tead sixty-five paees of testimony and that isall T know. T spoke the words as they to me ] e in the book » more than ex- 1 r the court to understand. myself from perditio 11d remember the all,” carm mapped out e up twenty-five hat 1 will not be up this day’s ex- P. Hun vious, was aga the same vein, show- le extravagance in the ‘entral Pa- he items, al expenses on ot Con- 1 comment. ged salaries paid for the railroad, housands of cknowledged incidentals.” te more than the d his testimony ex- xpenditures to s while he railroad wanted nothing as right and to | the best interests of the public, In his testimony given before the com- mittee Mr. Huntington ed many pe- culiar things showing the free and-go-easy manner in which he and his a ates juggled with the interests of the Govern- | The testimonv of Coll gress furnished f Besides the acknowle the regular attorne amounting to 1 other exy ains them as neces ertain members en making them under ment and the public. One instance is when the lease of the Central Pacific road was given the Southern Pacific Company without submitting the proposition to the stockholders and without a : permis- sion of Congress. In view of the fact that the funding bill is a pertinent question at this time, a yretty comparison comes to the surface. Mr. Huntington, in his endeavor to obtain | an extension of time 1n which to liquidate his indebtedness to the Government, | makes the assertion that the indebtedness of the Central Pacific is so great that it | overshadows comuvletely the value of the | road. He would like, therefore, to be al- | Jowed more time in which to place the | road on a paying basis before liquidating | its indebtedness or turning it over to the | Government. In a flat contradiction of this is his state- | ment or allegation in the present injunc- | tion suit that the value of the road is more | than its indebtednes hese are points t notice later on when the decisive argu- ments will be undertaken. | At the conciuszion of the reading of the | Huntington testi.nony that of E. H. Miller N rv of the Com- ¢, was taken up in full. {.vmh were spent in trying to as where were the contracts for con: of the road entered into by the Central! Pacific Company with the Contract | and Finance Company. the Pacific Im provement Company and the Western De- velopment Company. The Congressional committee must have | bhad a hard time of it, judging from the report as read. Mr. Millerc 11d remember nothing about excepting that they had | to their whereabouts and, in | ereabouts of the hooks of these companies i.e was in perfect darkness. The materiality of these documents be- | comes apparent when it is considered that the officers of these branches of the rail- road office were the very men at the helm of the Central Pacific Company. The books and contracts show, it is ciaimed, how Huntington, Stanford, Hopkins and Crocker awarded themselves contracts to the roads north from Sacramento to Port- land, Or., at the average rate of $125,000 a m nile. Mr. Miller could not remember whether the books and contracts had been shipped to England. Among the scores of contracts called for by the committee Mr. Miller could pro- duce but one made between the Central Pacific, the Pacific Improvement Company and the Southern Pacific Company, Octo- ber 11, 1886. It was for the building of 164 miles of road between Roseville and the { lon | provement companies and | bate on a bill for $13 20, zing to the county, which had been sold by the Board of Supervisors of the county to Charles McLaughlin, an em- vloye of the company, and the value of ch was never turned mto the county This case was also compromised. Cohen had also been in the cele- 1 Colton litigation, representing the interests of the Southern Pacific Compar In all these legal tilts it was one of hi main efforts to get hold of the books and contracts of the Central Pacitic and the Western Development and Pacific Im- the Contract and Finance Company. He had always been unsuccessful in his endeavors. The case will be resumed this morning. HASTE WILL HOT DOWN, Heads of Departments Whom He Accused Want a Speedy Hearing. ALL ARE VERY INDIGNANT. Chief Wharfinger Root and Purchas- ing Agent Westlake Exon- erated. The Harbor Commissioners held a short session yesterday afternoon, during which | | ex-Superintendent of Dredgers Haste was again under discussion. Chief Wharfinger Root, as ‘“one of the heads of departments,”’ indignantly de- nied ever having received a commission from any man, firm or company. The following letter, signed by Haste and addressed to the Commissioners, was read: The papers in publishing my statement in reference to the collections of commissions auoted me as saying that thiswas the general custom of the heads of departments. 1d e 10 say that in mak’ my statement I Root in any way. 1 do not know of anything connec: the administration of any such statement. The following, addressed to *“The Editor of Tre CarL” by Haste, was also read: 1 desire to correct a statement made in your ed with office that warrants paper this morning. 1did not say that Pur- chasing Agent Westlake wat receiving com- missions from Payne's Bolt Works, or commis- sions from any other business nouse or firm So far as I have any knowledge of his busin transaction they ate irec from any such accu- sation. When the communications were offered | to President Colnon he waved them aside and remarked that he required no certifi- cates as to the honesty of Chief Wharfinger | Root or Purchasing Agent Westlake from anybody, Jet alone Mr. Haste. Commis- sioner Cole interjected, *‘But Haste did a sert that Payne’s Bolt Works were paying a commission to our purchasing agent.’ The next one to appear was_ex-Superin- tendent of Dredgers Cruse. Haste said he (Cruse) had received 5 per cent commis- sion from the Main-strect Iron Works on ail work he sent there. This made Cruse very angry and he demanded aninvestiga- tion. He said his character was his bread and butter and he could not afford to have it besmirched by any one. President Colnon advised him not to take any notice of what Haste had said, but Cruse insisted and asked as a favor that the board question everybody with whom he had done business whiie serving the State as superintendent of dredgers and towboats. Cole was in favor of having the mer- chants heard in the matier and remarked that he knew personally of one instance where a commission had been offered Cruse and he immediately stopped dealing with that firm. President Colnon agreed to the proposal, and the nerchants whom Cruse, as the State’s agent, dealt with, will be heard | next Tuesday. Tirey L. Ford, the board’s attorney, asked for leave of absence, which was granted. He is going to Washington, D. C., to attend the meeting of the California | Miners’ Association. During his absence F. 8. Stratton will act as special counsel, the remuneration being a r.atter that the attorneys will settle between themselves. The storing of potatoes on Jackson- - | street Wharf again came up for discus-ion. hat will hardly escape | C hief Wharfinger Root said that W. R. Larzelere had been notified twice to re- move his goods and had failed to do so. He recommended that Larzelere’s bill be rot rebated. Whartinger Stafford said that some of the commission merchants had moved their goods when told to do so, but that Larzelere and others had not. The latter, he said, had re-sacked and re- marked some of his potatoes, so that it was impossible to tell whether they were old or new shipments. decided that Larzelere was entitled to no rebate. Murray & Steinhagen, who are 1n the same box as Larzelere, asked for a re- The request was denied. Tue inspectors of hulls and boilers wrote, stating that on_the report of ex-Superin- tendent of Dredgers and Towboats Haste they bad examined the machinery of the tug Governor Irwin. They practicall recommended the building of a new ve;sei’ They wanted 2 new piston rod to run through both cylinders, the piston valves to be fixed by fitting snap rings to the piston nead, new stems of an increased dimension for the valve stems, overhaul the air pumps and generaliy put the machinery in proper order. The commu- nication was laid on the table and the board adjourned. The Lux Appeal. The Lux case came before the Supreme Court yesterday for argument on the question of family allowance to Mrs. Miranda Lux. As Mr. Delmas, who will be one of the principals in the argument, was detained by a case in the Superior Court, the Lux matter went over until Wednesday next. l"nllowinf the allowance appeal will come the appeal from the order of partial dis- tribution. ot intend to implicete Chiei Wharfinger | The Commissioners | A NEW MINIRG EXCHANGE BORN. Formal Organization of the California Gold Men. THE OFFICERS ELECTED. General Walter Turnbull Chosen | as President—Fifty Char- ter Members. TO DEVELOP GCOD SITES. 1 The New Headquarters Will Be Located on the First Floor of the Mills Building. Last Wednesday evening the leading gold miners of the State of California met | in the Mills building and formally organ- ized what will be known as the Gold Min- | ing Exchange of San Francisco. | A constitution and by-laws have been | adopted and the business of developing good properties in and around the gold | region wili soon be under way General Walter Turnbull, who was unanimously elected president of the ex- change, set forth the purposes of the or- | | secretar. vou (the exchange) start rizht you cennot renlize the great good you will do Cali- fornia.” *‘Itis the one great industry that does not fear competition, that does not require to pay tribute to any raiiroad or other monopoly, and whose product can be mar- keted without paying ‘all the traffic will bear.” It will give lucrative employment to thousands of miners, will stimulate iron works and foundries, electrical work- ers, lumber and wood merchants; in fact, every industry will immedintely feel the improvement that will arise from the added output of gold.” President Turnbull further stated that he would be prepared in a few days to an- nounce the permanent committees, which will be executive, finance, mines and min- ing. The officers who will serve for the ensu- ing year are: General Walter H. Turn- bull, president; ex-Lieutenant-Governor Daggett, vice-president; J. F. Crosett, : D. E. Miles, treasurer. Following is a partial list of the gentle- men who are associated with the exchange and who signed the charter lisi General Walter Turnbull, ex-vice-president, and for twenty-three years a member of the San Francisco Stock Exchange Board. John Daggett, ex-Lieuienant-Governor of California; at present Superintendent of the branch United States Mint at San Francisco, and a prominent mine-owner in California and Mexico. Major Frank McLaughlin of Oroville (a mil- lionaire), owner of Eureka Lake Water and Mining Company and the Delhi quartz mine, and promoter and developer of several other very large mining plants. Robert McMurray, known all over the coast as a large mine-owner and also director ot the London and Paris Bank. Newhouse of the Eagle Bird mine, Ne- unty. leuzr. president California Cap Com- C J.F pa 1. R. Wilbur, Royal Consolidated, West Point. Colonel H. D. Rénlett, Newton copper mine, Amador Coun George K. Wells, mining attorney for Messrs. Flood & Mackay, and at present interested in numerous mining ventures. J. F. Crosett, Lockwood and Riverside mines, West Point. Martin Jones, Hathaway gold mine, Nevada County. o Count; C. Schuster, Champion mine, Nevada Vale, assistantsecretary Mining Burean, statistictan in the branch Mint at San Fran. cisco and a developer of mines in California and Mexico. Oliver 0. Howard, English Mountain mine, Nevada County. ganization in an interview yesterday. He Henry Pichoir, one of the best-known pro- moters and owners ot gravel ard drift mines in MRS: HINCKLEY'S INHERITANCE, The Blythe Millions Dis- tributed to Her at Last. JUDGE COFFEY’S DECREE. Allowing Administrator's Com- missions and Attorneys’ Fees. TWO PROTESTS STRICKEN OUT. Thirteen Years of Expensive Probate Litigation Brought to an End. There were lawyers by the score in Judge Coffey’s court yesterday, all wait- ing to see what would become of the Blythe estate and how the attorneys would fare. It was the time set for hearing the application for final distribution, and the courtroom was crowded with people anxious to be in at the end. General Hart was there for the girl who has had such along legal battle for her millions. 8. W. Holladay was there for Henry T. Blythe, and he had an answer to the application, a protest against its grant- ing and arguments to back his claims. G. W. Towle, similarily equipped, ap- peared for the Blythe Company. Naph- V4 NERAL WALTER TURNBULL, PRESIDENT OF THE GOLD MINING EX- CHANGE OF SAN FRANCISCO. [From a photograph.] sa’ value for big mining properties, which will give investors some idea of the prospective value of adjoining claims. Most all prop- erties of any importance have smaller properties contiguous that have no set value upon them, and the development of one will improve the other. “We have fifty charter members and among them you will find the best-known mining men in the State of California; men whose word on a mining proposition is good as the virgin gold of the earth. We do not propose to have any wildcat | schemes floating around the boardrooms | in the Mills building, where we have taken and gold-development industry. No fab- other officials, with fast horses and other extravagances provided at the expense of the public can fasten on our California mines. Each mine must necessarily have 1ts own mill, its own water rights, its wood and lumber, its electric plants, 1ts own moderately paid superintendent and miners. “Unlike the Comstock, where the pay bodies of ore are like eggs ina box of meal, where you never knew when you would run into a pay bunch and when you would run out, the walls in most instances in the California mines are well defined and pay streaks can be followed any depth if capital 1s furnished. It is just this very capital the Gold Mining Exchange of San Francisco expects to furnish to the needy miners. “*Already a company is talked of, with large capital, for assisting in developing | properties that have been passed on by the | exchange as meritorions. This company | will, of course, work independently of but be in perfect harmony with the exchange, and guard the investments that may be advanced to assist in thoroughly prosnect- ing a property, and regular reports will be given for the satisfaction and information of investors. Non-assessable certificates will be issued, which will give the ex- change legitimate securities for trading | purposes, with regular reports, as a sure | guide for the action of operators. ‘A small fee will be charged all com- list of the exchange. Blanks will be fur- provements, etc. The committee on mines and mininy, aided by 2 prominent ad- visory engineer connected with the ex- change, wiil pass upon .all applications, and only those thougnt meritoricus will be taken notice of. A further personal in- vestigation will be made by tbe expert of the exchange, and if found correct the ap- licant will be turned over to the exchange or material assistance. By this means it | is expected investors will be attracted to the exchange, where direct and truthful information can be obtained. ‘‘Something like 100 applications to go on the book list have already been mnse to the exchange. Of course to con over and carefully examine even this number will take some time, but the work will be av _once commenced as soon as the books and blanks can be prepared. “The fact that, unsolicited, the Boards of Bupervisors and other prominent county officials are voluntarily aiding the ex- change by resolutions and through corre- sponsence, shows the popular wave of feeling toward the organization for the develooment of the yellow metal. Con- servative and cautious men throughout the State claim that California within the next two years will see the greatest boom in gold mining that the world has ever | seen, South Africa and Colorado notex- cepted. As conservative a man as Henry Pichoir remarked toe other day that very few realized the business in gold minin “We wish to establish a marketC the lower floor in the rotunda,and no | mining clique or mul ring can ever ma- | terialize to bring discredit on the exchange | ulous szlaries for superintendents and | panies desiring to be placed on the book | nished, which, when filled up and prop- | erly signed, will give all requisite informa- | tion as to title, location, work and im- | _alifornia, including the great North Bloom- field in Nevada County. FiC: , the prominent merchant, and a ter in the celebrated Champion mine evada County. id Rodrick of Monterey County, s prom- mine-owner. heppelet, one of the largest owners of elebzated Mayflower gold mine. Hugh McCrum, a prominent wholesale mer- chant of San Francisco and gne of the heaviest mine-develovers in Arizona. Colonel W. R. Smedberg, director Russell | Reduction Mill and Mining Company, Cala- veras County. i. A. Hurley, owner in the Hurley mine, West Point, representing large amount of Eastern capital. a2 ¥. K. Stevenot, Chaparral Hill mines, Angels amp. Matt F. Tarpey, known throughout the whole Pacific Coast as & prominent mining man. Emile Sutro, capitalist and a prominent pro- moter. | Theodore Reichart, ex-Surveyor-General of California and a large mine owner. C. L. Hovey, & prominent land and mine owner. W. K. Flint, a pioneer merchant and mine promoter. B. F. Lacy of Parke & Lacy, importers of min- ing machinery. And twenty or more prominent gentlemen interested more or less in securing capital for the development of gold mining in California and elsewhere. A call board will be & necessary auxiliary for the purchase and sale of sharesand certificates in developed dividend-paying mines and in properties being developed. TO FIGHT NOE HEIRS. | The San Miguel Defense Association Propared to Contest the Claims. A meeting of the San Miguel Defense Association is to be held this evening at Judson’s Hall, Twenty-third and Doug- lass streets, at 8 o’clock, to hear the report of its executive committee and to give all the property-holders affected by the Noe suit an opportunity to join with the asso- ciation for a common defense at $1 50 per lot of twenty-five feet frontage. The asso- ciation now contains the names of over 250 property-owners, who have banded themselves together to contest the claim | placed upon their titles by the pending suit of the Noe Leirs. The claim of the Noe heirs is to an un- divided hal terest in what was formerly the San Miguel rancho, containing 4443 acres of the most desirable residence prop- erty in the southwestern part of the City. The boundary lines of the rancho com- menced at Sullivan street, between Cole |and Clayton, running thence at right angles to Nineteenth and Valencia, thence southerly to Twenty-second and Valencia, thence westerly to San Jose avenue, thence soutierly to San Jose road, thence southerly on a line with the San Jose road to within 500 feet of the county line, thence westerly to Lake de la Merced, thence nortuerly to point of commencement, In- cluded 1in this vast tract of land is the City Land Association, Railroad Home- stead Association, Ocean View, Lakeview, Sunnyside, Fairmount, Horner’s Addition and all the Mission district south and west from Nineteenth and Vaiencia streets, SR o e Stabbed a Policeman. John Westhouser, & beer-bottler, was yester- day held to answer hefore the Superior Court in $3000 bonds by Judge Joachimsen on the charge of assault to murder. About three weeks ago Policeman John P.Carson found Westhouser Iving drunk on the sidewalk on Morton street. While the officer was taking him to the patrol box Westhouser slashed Car- gon on the neck with a knife, narrowly missing his jugular. ghoge oo Rabbi Levy’s Lectures. Rev. M. S. Levy will speak this evening on his personal reminiscences of Berlin, Ger- many, at the Geary-street temple. To-morrow morning he will speak, by special request, on the aims and objects of the “‘Ladies’ Endeavor of Congregation Beth Israel,” to which the | at present going on in this State, ‘And 1f i public and members of the various con; tions are invited. L taly and Freidenrich, of Naphtaly, Freid- enrich & Ackerman, came to look out for their client, ex-Public Administrator J. C. Pennie. Attorney Harrison appeared for the estate of Puif'lip Roach, who preceded Pennie as Public Administrator. J. D. Sullivan represented the present adminis- trator, A. C. Freese, who was also present, and W. A. Rix of plaintiff’s counsel made up the list. The settlement of A. C. Freese's account as Public Administrator was first attended to. The account was a recapitulation of all money received and expended on behalf of the estate since Mr. Freese took charge, and also a recapitulation of receipts and disbursements since ti.e beginning of all. This account was satisfactorily settled, and attention was then turned to the commissions to be allowed the Public Ad- strators who bave had charge since Ttomas Blythe’s death. When the question_of commissions first came up Judge Coffey found that the method of computation by which the re- sult had been arrived at had not been in- corporated in the application for allow- ance and he laid the case over for a couple of hours until the attorneys could fix up matters. They all bustled out of court and returned on time with their computations made moore lucid. The total asked for was 471 07. Attorney Harrison, for the estate of Roach, asked §30,460 43 of this amount. Roach had charge of the estate for ten years and six aionths. His legitimate commissions amount to $24,509 35 and for some_ extraordinary work he had been al- lowed $595 Already he has been 51 07 more. paid $10,865 and he asked for the re- mainder. James C. Pennie, who took charge after Roach, demanded $19,607 43. He had re- ceived $5833 12 on account. Captain Freese came next with his demand. ‘He had earned $8403 22 and had been paid $2607 65. These commissions -vere allowed by Judge Coffey aiter he had done some com- puting for himself, and then the question of the fees of J. D. Sullivan, attorney for Administrator Freese, came up. There was a lull in the proceedings, and then General Hart_broke the silence. He announced that Mr. Bishop of the old firm of Garber, Boalt & Bishop, Mrs. Hinckley and him- fee much thougnt, and among them they had decided to allow him, ‘if the court pleased,” $20,000. He bad already been allowed $6000 for his legal services, but the $20,000 decided on was to be in addition to that former payment. Judge Coff>y then began to take mora interest in the proceedings. “How much did this department allow Mr. Wright?” Le asked. “‘One hundred and twenty thousand dol- lars,” ventured Mr. Naphtaly. Wright had been attorney for Philip Roach, and the mention of his fee aroused the judicial ire. “I said out of this court,” declared the Judge. *I neverallowed any such fee as that.” Then Mr. Naphtaly announced that Judge Coffey had allowed Wright the dif- ference between $95,000 and $120,000. This ‘was more satisfactory to his Honor.and he put the amount down. Then he inquired how much had been allowed from the Pro- bate Court to Mr. Naphtaly, who, with Freidenrich and Ackerman, had been at- torneys for Pennte. This sum was stated to be $15,500, though no mention was made of the fee of $80,000 allowed them by Judge Levy. “Mr. Roach was in charge for eight years and Mr. Pennie for two years,” so- liloquized the court, “‘and $15,500 and $25,- 000 make $40,500 expended in attorneys’ fees during that time. Now should I ‘al- low this fee of $26,000 it would be $66,500 for the attorneys for the public adminis- trator who have had charge of the estate. Tne fact that the client consents to the fee of $26,000 is not everything, for the Su- preme Court has said that theProbate judge in_his discretion, may aflirm such fee, but itis not binding. With this fee of §26,000 that would make $66,500 for twelve years and a half. Will some of you gentlemen divide that by thirteeh?’ “By twelve and a half it would make it about $5300 a year,” ventured General Hart. “Opinions among attorneys,” continued his ]:Yonflr, “have shown me that $5000 a year is a reasonable amount for attorneys’ fees. Should I award this fee it would bring the fees to about §3000 more than the | commissions, ana by allowing the extra $6000 patd to Roach for extraordinary ser- vices, it would make them over $12,000 more. This was never the rule here. I wish to see the plaintiff herself in regard to these fees, and to have her own testi- mony on the subject of the fee to Mr. Sullivan. This is no aspersion on tke statement of counsel, but I have made it a rule never to allow these fees without first bearing the client.” It wasdecided that Mrs. Hinckley should be in court at 4 o’clock this afternoon and give such consent as she may choose to Sullivan’s fee. The Judge intimated that her testimony would not interfere with his discretion in affirming her consent, but he wanted to hear her evidence anyway. General Hart had anotuer point he wanted to bring up. J. T. Greaney had done some work in settling up the Roach estate and he wished $3600 forit. This has been reduced to $2500, but Judge Coffey refused to hear the matter at all, for it ha Pennie, which was before Judge Levy, and he said it should have been settled there, At any rate he had no jurisdiction over it. Then there was a balance of a judgment in favor of Napntaly, Freidenrich & Ackerman worth $20,000, and this was al- lowed. This judgment was the last part of their big fee of $80,000 which the Supreme Court affirmed. Then followed the distribution. It was called from the calendar, and G. ‘W. Towle arose to address the court. He self had given the subject of Mr. Sullivan’s | been included in the account of | represented the Blythe Company, and he had an answer and a_ protest to the ap- piication for distribution. His answer contained the usua! allegations that the successful litigant was not the child of Thomas Blythe, and had - never been legally adopted, and was not entitled to the estate,and should be estopped from coming in under the decree, and all the other allegations which have characterized all these documents in the famous case. He said if it were contended that he had no rights in the case the court could not refuse a hearing until it hadgassed upon his right to be heard. He cited authorities to prove his point, and then gave place to S. M. Holladay. He represented the Henry T. Biythe heirs, but made no address other n'to say Mr. Towle’s position was his position. Then W. A. Rix moved that Mr. Towle's answer and protest be stricken from the files, ana_the motion was granted. Then he moved that Mr. Holladay’s answer and protest be stricken from the file, and that was done, and then the decree of distribu- tion was made and the estate had found its owner. Exceptions were taken to these last rul- ings, but the attorneys say that will make no difference. Thereis a point still in the Supreme Court, but that too, they say, will have no bearing. There is a looss end in the Federal courts, also, but again the attorneys say it will cut no figure. The estate is in Mrs. Hinckley’s hands, and her attorneys believe that she has has seen the end of important litigation. PHILBROOK SCORES ONE. He May Plead Cases in Which He Is Personally In- terested. HIS WRIT OF MANDATE Judge Sanderson Ordered to Allow Him to Appear in the Latz- Greenhood Case. The Supreme Court has granted to Horace W. Philbrook a writ of mandate compelling the Superior Court of San Francisco to allow him to appear and plead the case of Samuel W. Latz against Louise A. Greenhood. While the case was in process of litiga- tion Latz assigned his interest to Philbrook, who thereupon attempted to conduct what was bis own case, under the original title Latz vs. Greenbood. This Judge Sander- son refused to allow on the ground that Philbrook, naving been disbarred by the Supreme Court, could not evade the judg- ment of disbarment in such a manner. Had Philbrook himself been hurt, or had money owing to him or had an orig- inal interest in the proceedings, then he could appear, but the court did not think he had a right to purchase claims in pro- cess of litigation and then present an action in that form. G In commenting upon the decision of Judge Sanderson and in granting the writ prayed for, the Supreme Court says: Under the facts thus vresented the court mis- took the scope of the judgmentof suspension. The judgment did not, and did not attempt to, limii the petitioner in the exercise of any rights formerly enjoyed by him, saving those pertaining to the office of attorney-at-law. One acts asan attorney-at-law only when he represents another, not when he appears for himself. Petitioner having the undoubted right lawfully to acquire any form of property, has equally the Tight to its perfect enjoyment, and asanecessary incident to that right the full power accorded to all, of appearing in person 10 prosecute or defend all actions Yor its pro- tection or preservation. And this power is not, as the court held, limited to the prosecu- tion or defense in person of property rights owned at the time of the commencement of any action affecting them. His right to ac- quire & chose in action and to protect in per- son his property in it when acquired, is not cut ff the fact that it may, at the time of ac- quirement, be already the subject of litigation. It was admitted by Judge Sanderson that the transfer of interest was a valid tran- saction and made in good faith. The de- fendant could not object to the transier of interests as long as a judgment against one would protect him against any fature plaintiff. With the court the only question was whether the transfer was simulated or genuine, and if it were genuine the dis- barment had no application. In pursuance of this view of the case the Supreme Court issued the writ which will enable Philbrook to appear before Judge Sanderson. It is a great victory for him, for under the terms of the decision he has but to acquire an interest a client’s n appearing in that case by alleging his dis- barment by the Supreme Court, The decision was written by Justice Henshaw, and Justices Beatty, Van Fleet, Harrison, Temple and Garoutte concur. Parker’s Deposition Not Admitted. Acting United States Circuit Judge Morrow refused in chambers yesterday to allow the deposition of Superintendent D. F. Parker of the Standard Soap Company, which Epecial Trustee John Chetwood Jr. of the Callfornia National Bank was eager to have introduced in his injunction case against AgentT. K. State- ler. The question of jurisdiction hes not yet been determined. NEW TO-DA ‘THE WEAK SPOT, Three-fourths of the ailments afflicting mankind are of th \ can be traced to their foundation at the small of the back. Here arethe centers of the most important nerves, end the sup: gans, such as the Liver, Stomach and Kidneys and Sexusl Organs, comes from this general founda- tion. Hence it is nat- ural that all weakness in the functions named must show itself in the back, at tne | point covered by the disks conducting the | strengthening Electric currents from {DR. SANDEN'S ELECTRIC BELT. This partially explains the great success attending the use of this fameas Belt, but lowed by Dr. Sanden in his treatment of | Nervous and Chronic diseases by Elec- | tricity. The treatment is a science with him. Knowing that all diseases require separate treatment, he has different meth ods of application for Nervous Debility and kindred weakness, for Rbeumatism, for Sciatica, for Liver and Stomach com- plaints and for Kianey troubles. Allare different, but all are curable by Electricity when properly applied. DR. SANDEN'S ELECTRIC BELT Cures alone, without medicine. A valua. ble book by Dr. Sanden, called “Three | Classes of Men,” can be had free. It gives full information and volumes of proof ot permanent cures. When sent by mail closely sealed, free. Call or address SANDEN ELECTRIC CQ., 632 Market Street, San Francisco, Opposite Palace Hotel. Office hours; 8 to 6; even- ings, 7 10 8:3 land (Oregon) office, 255 Washington st. cause, and no court can prevent him from | e nervous system and ' port of all vital or-| it is only a part of the studied system fol- | NEW TO-DAY. LADELPHIA SQE CO. PHI STAMPED ON A SHOE MEANS STANDARD OF MERIT. WE WRE SELLIKG CHERP, | We are pleased to state to our numerous cus- tomers who have been ALASKA | i iting the arrival of our that t o | pared to supply their de The Alaska Seal | Shoes are guarantecd to be waterproof, and as { they are easy on the fest and give good wear they are ready sellers, and the price, S @S, Ts within the reach of all. We car; and Congress. with medium and double soles. We also c and Boys at the following pri Youths’, sizes 11 to Boys', sizes 213 to 5 them in Lace toes and tips r Youihs | | Ladies who wear Oxford Ties should | that we are selling Cloth-Top Oxfords gola Kid Vamus. with either pointed or m square toes, withi patent-leather tips, for ‘I hese Oxfords, be hand-v he feet and require no bre: ¢ fitters and wear well and retall 00. | School Shoes in this city, and th | to sell them che: are selling Do, WE HAVE NOT MOVED. AT~ Country orders soilcited. #3~Send for New Illustratod Catalogua. Address B. KATCHINSKI, 10 Third Street, San Franciseo. PHILADELPHIA SHOE CO. [T Better than Broths 0 and t\Bouillon |0 | ‘‘The ordinary soups, broths i and beef teasare worthless” say [ eminent physicians. | COCOA is the mest nourish- | ing and easily digested liquid | food known to science. ' Dyspeptics are compelled to ¢ drink it instead of tea and coffee. Ghirardelli’s COCOA is made here—not long in get- ting to you, therefore FRESH- EST; therefore STRONGEST, most NOURISHING, most ECONOMICAL. FRFAF AT ADVERTISEMENT FOR SALE OF ¢ ¢ Kings Gonnty Bonds | NOTICE ISHEREBY GIVEN THAT SEALED proposals will be received by the undersigned upto 12 o'ciock M. of the 7th day of February, 1896, for the pitrchase of thirty-two (32) Kings County Courthouse Bonds, numbered consecutively from one (1) to thirty-two (32), both inclusive, of the denomiration of one thousand ($1000) doliars each, and payable on the first day of January, 1906, or at any time before that date, at the pleasure of said county, in gold coin of the United rd of Supe visors of Kings County dated December 3, 19 anuary 8, 1896, and uader authority con: ferred upon said board by the provisions of and in | accordance with an act of the I | State of California, entitled “An Act to E: Uniform System of County and Townshi ment,” approved Mar , 1893. None of said bonds will be sold for less than face | value and accrued in nor shall anj | thereof be final or valid nutil approved by said Bourd of Supervisors, and the right is hereby ex- pressly reserved to reject any and all proposals. Mark envelope, “Proposals for the purchase of | Courthouse Bonis.! By order of the Bos Kings County. ard_of Superv W. H. SLAV isors of said VIN, County Treasurer. IRON BEDS, ERASS BEDS, FOLDING BEDS, Wire and Hair Mat- tresses, Reclining Chairs, Wheel Chairs, Commodes, Back Rests w. A scrinocx, New Jiontgomer: St., under_Grani Hotel, 5. F. A axauve refreshing for fruit lozenge, very agreeable to take. CONSTIPATION hemorrhioids, bile, loss of appetite, gastric and intestinal troubles and headache arising from them. 33 Rue des ves, Parte Sold by al! Druggisia. “TAMAR INDIEN GRILLO