The San Francisco Call. Newspaper, February 4, 1896, Page 9

THE SAN FRANCISCO CALL, TUESDAY, FEBRUARY 4, 1896. 9 ain legacies qlren by ‘the will o be void, and hence to establish the rights of the plaintiffs, as heits, 1o the property embraced in the be- %ues!s. The Supreme Court, by Mr. Justice emple, in determining that the action could not be maintained, said: 1 am convinced the jurisdiction ought not to be excretsed unless some good reason is given for thus interfering with a matter pending in anotner court, The_ iuconvenience may be very great. G ¥ THE FAIR TRUST DECLARED VOID, It is not denied that the Legislature may, if it sees fit to do 50, confer jurisdiction upon a court of equity o' construe an unprovated Will, at the suit of an heir at law claiming in the persons who are to take theproperty; that the ‘trust is anactive trust and, therefore, not executed by the statute of uses, even if such{ statute exists in this State as a partof the common isw; and that the trust is invalid, not being one of the express active trusts per- 1aitted by section 857, C. C., above quoted. The trustees, on the other hand, claim that the trust is nominal, and that ihe beneficidries takea vested determinable fee in remainder, 88 Drimary devisees. Itisthus apparent. thal tne intention of the testator is disputed. * The great objection in this case in permit- ting tiie trust of the income to remain in force is not &0 much that it constitutes an essential part of a general scheme of the testator for Judge Slack’s Decision Is in Favor of the Heirs. GOODFELLOW TO APPEAL | The Court Holds That the Trust Clause Would Lead to an Absurdity, THE WILL GOES TO PROBATE. Validity of the Trusts Concerning Personal Property Not Involved in the Decision. Judge Slack rendered the first big de- cision in the Fair will case yesterday morn- ing. Ina document of more than 32,000 words Judge Slack ruled that the trust en- acting clause of the will was invalid, be- cause to follow its terms would lead to an absurdity and defeat the testator's purpose in framing it. The trust, as sought to be created by sec- tion 15 of testator’s will, was also contrary 1o the provisions of section 738 of the Code of Civil Procedure as amended in 1895, the court held. Asto the contention of Mr. Goodfellow. and his co-trustees and exec- utors that this amendment to the code was invalid because it had not been passed by the Legislature in the constitutional ma uer, Judge Slack held, first, that accordi to rulings of the Supreme Court of the United States legislative journals should not be examinad to ascertain the validity of the passage of an act, and the enroll- ment ot the act itself was evidence of it having been properly passed, and, second, that it did appear that the amendment to the act had not been passed in an uhcon- stitutional manner. Of course, the effect of the decision is, supposing Judge Slack’s rling to be up- held by the Supreme Court on appeal, that the four trustees named in the will of the late Senator Fair of September 21, 1594, { hereafter have no standing in court in is issue, and that upon probate of the will the entire estate will go directly ta the heirs without the intervention of a trust. The plaintiffs in the case were prac- | tically Charles L. Fair, Hermann Oelrichs and his wife Theresa A. Oelrichs, and Vir- ginia Fair, being the children of deceased. These, at least, are the ones to profit di- rectly by the decision, should it be up-, held in the Supreme Court, though as a fact Charles L. Fair alone appeared as plaintiff, and Miss Fair and Mr. and Mrs, Oelrichsappeared as defendants in the case. However, the real defendants—those against whom the great legal battle was Youghy. and-sgsinst whom the decision weighs—were the four trustees named in the will, W. 8. Goodfellow, James 8. An- gus, Louis C. Bresse and Thomas G. Crothers. A ‘When court opened yesterday morning che entire space’ inside the railing was oc- capied even to the point of crowding by the attorneys and counselors directly or indirectly to be affected by the decision promised at that hour. The principal can- testants in the great case were represented as follows: Messrs. Knight & Heggerty, Garber, Boalt, Bisbop & Wheeler, and Wilson & ‘Wilson for the plaintiff. Messrs. Pierson & Mitchell for the de- fendants James- S. Angus, Louis C, Bresse and Thomas G. Crothers. Garret W. McEnerney for the defendant W. 8. Goodfellow. Mesyrs, Lioyd & Wood for the defend- ants Hermann Oelrichs, Theresa A. Oel- richs and Virginia Fair. John A. Percy for certain beneficiaries. Messrs. Rodgers & Paterson for ecertain beneficiarirs. . Frank P. Deering, Esq., amicus curia. Aside from these there were a number of other interested well-known attorneys within the inclosure, of which the following is nearly a complete list: £. J. Pringle, 8. K. Thornton, Guy C. Earl, John E. Richards, Van R. Paterson, Horace G. Pilatt, Fisher Ames, Donzell Stoney, J, T. Tyler, William P. Lawlor, John Flournoy, William Rix, Alexander Heynemanp, John O. Byrne, Jo.n A. Percy, William G. Grant, Lester Jacobs, James L. Robin- son, Herbert Choynski, Frank M. Stone, The Rev. Father Mulligan, secrétary to the Archbishop, was also an interested listener. Seldom, if ever before in this City, has the reading of an opinion by a Superior Judge beeu listened t» as ap- preciatively and by so learned and dis- tinguished an audience. Judge Slack did not read the entire de- cision, which, would have taken many more hours than there are in a court day;| but wisely recited only those portions most necessary to a clear comprehension of the conclusions reached. At the con- clusion of the reading the court announced that tendays would be allowed defendants in w.ich to file amended answers, and At- torney McEnerney gave notice of an ap peal from thie decision. Then next Mon- day morning was decided upon for the commencement o probate proceedings on the will in question, \; ——— JUDGE SLACK’S DECISION. Main Points In the Lengthy Décu- ment Upon Which the Find-" ings Were Based. % To quote Judge Slack’s decision in full would take several pages of THECALL, even though set in the smaliest type. The fol- lowing excerpts will- be found to contain at least the consecutive argument, though in a much abbreviated form and with most of the numerous authorities cited omitted : The action is in form a suitto quiet title, but its objects, disguised as they may be, are 1o antagonism to the will, and the plaintiff,in fact, malnly relies for the support of this ac- tion upon “such a legislative authorization. Section 738 of the Code of Civil Procedure as amended in 1895, * * * The wisdom of such legislation, which is opposed to the scheme of the probaie law as it exists in this State, may well be doubted. If an action is brought under the statute for the counstruction of a will in the' court in which an application for the probate of the will is pend- ing, the discretion which the court unques tlonably possesses to proceed either first with the application for probate or with the action for the construction of the will should, under ordinary cirenmstances, be exercised against the suit, .Such o course ‘would least interfere wish settled practice, and the coprt, in the probate proceedings, could as well construe the will after its admission td probate ascould be done 1 the action brought for the express purpose of obtaining a construction. The ar- gument that if a faverable construction of the will can be secured a contest of the will may thereby be avoided, possesses little weight. It savors too much of a Fequest to permit specu- lation upon possible results tobe of great force. Were it not for the fact, in this case, that | three of the four trustees have urged the prose- cution of the action to construe the will, and that already much ‘time hias been consumed and labor expended, there would be listle hesi- tancy iurequiring the probate proceedings to £0 on 10 & hearing, instead of determining the questions presented ih this getion for the con- struction ot the will. - The plaintiff, as has been said, must rest his case upon the amended section of the Code of Procedure above quoted. The defendants, the trustees, contend that the amendment to the original section, Leginning with e words “provided, however,” was never pasted by the Legislature, inasmach 8s & majority of the members elected to the Senate never concurred in the amendment, asan inspection of the jour- nalsof the two houses will demonstrate. “If it is the right and the duty of the court to go be- hind the enrolled, authenticated and approved Dill in the office of the Secretary of State, and to inspect the journals of the Legisiature to ascertain whether or not the amendment was passed by & constitutional majority of the members elected, and ii it should appear from the journals that such was not the fact, then the amendment must be declared invalid and the plaintifi’s case must fall. The pleintiff af- firms, first, that the enrolled, authenticated and approved bill is conclusive and thatits Dpassage, in accordance with the provisions of the constitution, cannot be contradicted by the journals; and, second, that if resort may be had to the journals the journals will show that the amendment was validly passed, or; not passed. The trustees, on tae other hand, maintain that resort may be had to the jour- KTmum, the journals will not show that it was n nels for the purpose of impeachinug the bill, and if the journals be examined they wil tablish that the amendment never recei the concurrence of a constitutional majority of the members of each house of the Legis- lature. Y. The trustees principally rely, in_support of their contention, upon sections 10 and 15 of article IV of the ‘constitution, which provides that each house of the Legislature shall keep a journal of its proceedings, and that upon the final passage of bills the vote shall be by yeas and nays, and shall be entered on the journal. and no bill shall ‘become a law without the concurrence of & majority of the members elected to each house. The argument is that the coustitution having required the houses of the Legislature to keep journals of their pro- ceedings, and toenter thereon the yeas and nays on the final passage of all bills, thereby mekes the journal’s records, which must show that the vote upon final passage was by yeas and nays, and that the bill was passed by the constitutional majority, and if these facts do not affirmatively appear, the ect must be pro- nounced invalid. The argument is supported by a number of cases where the journals are silent as 10 the yeas and nays, no presumption being indulged in that the bill passed by the required majority. * * * But if the journals are to be examined in disproof of the existence of an act of the Legis- lature insll matiers in thg passage of the act | which they may recite, yet it is uniformiy held | that the journals must clearly and convincing- | that the act was not passed at all, or sed in the manner requ by the con- stitution, aud that every reasonable presump- tion is to be indulged in to uphold the act, and if it be atall doubtiful whether or not the act was passed, or passed according 10 the con tutlonal requifements, ihe act must be sus- tained. * B The rule that resort may be nad to the jour- nals to ascertain whether or not & statute’ has been passed by the Legislature has been con- demned in a number of the States the consti- tution of whictr, similarly to the constitution of this State, provide that in certain cases entries of the legisiative procee; mede on the jouriials. as a rule wholly unnec- essary and most mischieyous and disastrous in its resulis. In these States the enrolled bill in the office of the Secretary of tha State, authen- ticated by the officers of the Legislature an approved by the Governor, is conclusive as to its' reguier and valid enuetment. * * And this rule has recelved the sanction of the Supreme Court of the United States under both the United States constitution and the orgenic ect of the Territory of New Mexico. | J. §., 649; Lyons vs. | Field vs_ Clark, 143 Woods, 153 1 4 But, it is said that the California codes authorize a resort to the journals and the journals upon the sameé footing as the utes themselves, and in support of this pc tion the reilrond tax case, & Saw. 238,294; is referred to. The opinion in that case on this point might have some weight were it not for the fact that one,of the sections of ‘the Code of Procedure referred to is materiaily misquoted, and no mention whatever is made of otuer sec- tions, The truth is that the codes do not pro- vide that the journals may be used jor the purpose of impsaching a statute, or even that they shall evidence the existence of & statute, Section 1887, C. C., says that “Writingsare of twokinds:” * % * o Applying the fore¢oing results to the facts of this case, the conclusion in the first place is that the journals should not be resorted to for the purpose of impeaching the amendment to the section of the code under consideration, but that the act as enrolled, authenticated and spprovea is conclusive tat it was regulariy adopted by the Legislature, In the second lace, it is concluded that if the journals may examined at all for the purpose of ascertain- ing whether or not the amendment received the concurrence; of the majority of the members elected to each house of the Legisla- ture, on its final passage, by a vote of the ayes and noes entered on' the joarnals. In other words, if the journals show that ubon the final passage of the bill, as the term “final passage’* 1s to be understoad, the bill was concurred in by the constitutional majority, by a vote of lfi‘ca and noes entered upon the journals, then the act is 10 be sustained, whatever else other ournel entries mey Show. As it appears to ave been the fact that the amendment did re- ceive such concurrence the act must be upheld. » . = > » > - If the court were permitted to resort to evi- dence outside of thie-journals, or even indulge in inferences of fact from the journals them- selves, uncontrolled by contrary presumptions in favor of the regularity of legislative action, probably a different result would be resched; but such a result i« not possible under the law, which secks to sustain the enroiled, authenti cated and approved biilas a vaild enactment. Henge in every possible view of the law which may be taken the amendment to the section in question must be upheld. ‘The technical objections to the maintenance of the section being thus disposed of. the mer- its of tne controversy, the validity or invalid. ity of trusts, are to be determined. In thisdis- cassion the trusts will be takenasdealing with real property only. Any inquity into the legality of the trusts, in so far as they. concern the residuary personal estate, is beyond the scope ofthe pmemuu?uon. The principal provisions of the Civil Code of this State which are involved in the solution of the questions, and which are to be first considered, are rections 847, 857, 863 and 866. * + * Standing alone this trust, as a trust relating to real property,is expressly authorized by seetion 857 (3), Civit Code, quotea above, and is, therefore, vglid, with oné exception, apply- ing alike to ine pereonal aud 1o the renl prop- erty, namely: In the event that the testator's two daughters should die during the lifetime of the leaving U. s it son, 1no children or descendants them surviving, . then the two - thirds of “the income, directed o be paid to the daughters or their children or descendants, as the case may be, fall, by the terms of the will. inte the corpus of the resi- due of th- estate and are to be transferred and conveyed by the trustees upon the death of the son in the portions and 1o the persons obisin a construetion and to determine.’the | specitied in the first part of the same para- ralrn",\',orhm;]l;cr lu;-hdl‘ty, n‘!.'t‘.hoi fllll-(ill eon‘- ained in the fifteentl ATAETA] oi an lege ;:u‘ulr .;nmeks G. Eair, dveeoh»d,,dated Septem- T 21, 1894, : It s contended, on behalf of the plaintiff, that thiy l(:lionsgan be maintained upo: n the | accumulation s not graph. In this tontingency there is,” conse- uently, avirtual direction to accumuiate two- thirds of the rents and profits during the life- time of the son for the benefit of persons not necessarily minors, and as such a direction for permitted-under the jaws general principles of equity jurisprudence, in- | of this State the direction 1s void. (C.C, sec- ependently svthorization. There are tw)answers to this of any recent express statutory | tion 723). This result seems, bowever, to be of no consequence in this case if the ultimate ngs shall te | ition: first, the will is unprebated and the | limitation -of the future interest under the m&on is, therefore, p;l-emnul:e; and, second, | first part of the paragraph be valid, for the the plainiiff is asserting s elaim against the | two- hirds of the rents and profits are (o 20 to exle‘cm.nn and trustees in opposition 10 the Ih.pus.nn. .mmou to such interest. (Section wiil. - 783 4 Even if the will were admit to probate, it ‘he ultimate limitation of the tesidue of the would be necessary for m: :ldnntffl in this | property after the expiration of the trust of Btate to show somé special aud extraordinary | the income above set forth, precedes the lat- reason in order 1o justify an applieation to & | ter in the order ofa lnEementlnlhl fifteenth court of equity for the construction of the and * * ¥. 4t is claimed by will. In Siddall vs. Harrison, 73 Cal. 560, au' ff that there is hegre what pur- ection was brought by the heirs at law ageinst | ports to be a trust to transfer and convey with- the executors, for the purpose of declaring cer- | out a devise, expressly or by implication, to the disposition of the residue of his estate failing with the destruction of an integral por- tion of that scheme as that to preserve-it will | lead 10 an absurd and impossible result, which the testator could not have contemplated nor intended in the event that the final trust | should become inoperative. For if the trust be upheld, the testator has virtually devised the Jand to trustees for the benefit of his children {or life, remainder to the children in fee when the survivor of them is dead. Such a conse- ?uence cannot be justified by any presumed ntention of the testator, and hence Lho prece- dent trust of the income must fall with the ultimate trust to transfer and convey. This conclusion in rezard.to the invalidity of the trust renders it really unnecessary to con- sider the plaintiff’s further contention Rhat the absolute power of alienation of the residue | of thie estate is suspended beyond the permitted | period, in this. State, of lives in being, thus | rendering the testator’s 8isposition void.. (Sec- | tion 715,C.C.) * * * The validity of the trusts, in so far as they | Telate to the residuary personal estate, isnot { luvolved in this action, and no opinion in that | regard is expressed. 2 _For the foregoing reasons, the plaintifi’s mo- | tion for judgnient on the pleadings as to the | defendants James S. Angux, Louis C. Bresse | 8rd Thomas G. Crathers is granted, the. plain- | tif’s demurrer to the sccond and third de- {fenses and to the cross-complaint of the de- | fendant W, S. Goodfellow is sustained, the'de- { murrers of Hermann _Oelrichs, Theresa | Oclrichs and Virginia Fair to the said cross- | compinint. are sustained,and the plaintifi’s | demurrer to the first defenise of the defendant | W.8 Goodfellow, which dénies the ownership { of the plaintiff and the defendants Theresa A. | Oelrichs and Virginia Fair, is overrafed. CHARLES W. SLACK, Judge. February 3, 189 i R v GOODFELLOW SURPRISED. He Says the Decision Was Based on a’Simple Phraseology in the WIlL. W. 8. Goodfellow when seen at San Rafael yesterday afternoon had heard of the decision only by telephone. | “The decision comes in the nature of a surprise to me,”” said he. “It isentirely dif- | ferent from what we anticipated. Whether {an appeal will be taken or not I cannot ‘say definitely as the matter is wholly in the hands of my attorney, Mr. McEnerney. However, I think the case will be ap- pealed. “The whole ground of the Judge’s de- cision may be resolved down to a simple phraseology in the will. Had it read that the children’s children would be entitled to the propert{ on the death of the present heirs the will would have stood, but on | the wording that the trustees shall con- | vey the property to the grandehildren on | the death u{’etue children the Judge bases | his decision. We believe that the pro- visions of the wili in'effect were that on the death of the children the property would come into the possession of their | children. | "“The Judge holds that giving- the trus- ‘Itees the obligation of conveyancing the’ property to the issue of the chiibren on | their death is not provided forin the code. We consider this as inconsequential. “We never believed in the trust as being a perpetual trust, but believed that on the death of the children our trusteeship | would cease. -We hold that it was the in- | tention of the testator ta place the prop- erty in our hands for the benefit of the children so Jong as they lived, but, as I said before, in the event of their'death we would have no mere connection with it. The decision was an honest decision, but not a just one irom the facts as they | exist.” | “Garret McEnerney, representing Good- | fellow, stated there would be an appeal. | He said that if the decision should be st { tajned the children of James G. Fair { would take the estate as if there were no | trust clause, | _Charles J. Heggerty, the attorney for | Charles Fair, was enthusiastic over the | victory. - *“We shall now proceed,” he said, | “to probate the will without the trust clause, and if it shall be admitted to pro- { bate the estate will be distributed directly | ta the cbildren,” ~ Robert B. Mitcbell said: “This decision means that the will shall stand without | the trust clause, and that the tr hold the property pending di | special administrators instes as | trustees, Ifhink the opinion is the most | learned document ever banded down by a nisi prius court. It bears evidence of | great deliberation and prafound thought, and I am confident it will stand.” LAKDED N SMR QUENT | Jerry Bruggy Has Reached Here Safely From - Santa Barbara. He Is Brother of a Santa Rosa Mur. derer Who Escaped and Is Still at Large. Deputy Sheriff J. F. Walsh of Santa Bar- bara County is in this City, after a rather exciting trip from the sunny south in com- pany with Jerry Bruggy, convicted of as- sault to murder, whom he safely delivered to the San Quentin authorities on Satur- day. Bruggy will be rémembered as the- man who shot his employer on a ranch in Santa Maria some months ago, and seri- ously wounded him, simply because the man would not get off a tree quick enough to suit the fancy of the would-be assassin. Fourteen years’ imprisonment was the sentence imposed or Bruggy’ by e Supe- { rior Court, and to serve that sentence Mr. Walsh escorted him to the penitentiary. { Every precaation to prevent ti.e prisoner’s escape was taken, for he was known to be a desperate character, with a long criminal record. An Oregon buot ornamented one of his pedal exiremities and shackles u~ well as‘handcuffs weré acjusied. Nev theless he, with an extreme bravado, an- nounced, bejore his departure for & north. ern prison, that he wou!d be able to make his escape before he was turned over to the tender care of Warden Hale, Deputy Walsh knew of this and closely watched his charge, being rewarded at the start with the discovery of two files Brug. y had concealed in the lining of his coaf. They were, of course, immediately con- | LADIES’ - e NPARALLELE NEW TQ-DAY-DRY GOODS.- D CUTS N SEUSY SISSULE PISICSUBE ST S PRIGED Our GREAT MIDWINTER CLEARANCE SALE begins the month of February with some AS- TOUNDING CUTS IN PRICES, in presenting a few:examples of which we feel that we cannot too strongly impress the importance of this sale on the purchasing public, as 1T IS TOTALLY DIFFER- ENT FROM THE ORDINARY RUN OF CLEARANCE SALES inasmuch as it is NOT A SALE OF OLD, UNSEASONABLE GOODS, but is a BONA-FIDE CLOSING OUT OF OUR ENORMOUS SUR- PLUS STOCK OF FALL AND WINTER DRY GOODS at a sacrifice that has caused our thousands of patrons to unanimously unite in pronouncing it THE GREATEST BARGAIN-GIVING SALE EVER HELD! HOSIERY AND UNDERWEAR! At 20 Cents a Pair. MISSES’ FINE RIBBED BLACK COT- TON HOSE, double knees, heels, soles and toes, warranted fast black, worth $4 a dozen, will be,closed out at 20c a pair; all sizes; 5 to 834 inch. At 25 Cents a Pair. CHILDREN'S. BLACK RIBBED FRENCH COTTON HOSE, ‘extra heavy, double heels and toes, war- ranted fast black, worth $6 a dozen, will be closed out at 25¢ & pair. At 15 Cents a Pair. LADIES’ COTTON HOSE, black boot and colored top combinations, spliced heels and toes, worth $3 a dozen, will be closed out at 15¢ a pait. At 33 Cents a Pair. LADIES* BLACK EGYPTIAN COTTON HOSE, unbieached feet, high spliced hee's and toes, Hermsdorf black, reg- ular vaiue 50c, will be closed out at three pairs for $1. At 35 Cents Each. LADI S’ JERSEY RIBBED BLACK CASHMERE WOOL VESTS, high neck, long sleeves, regular price $1, will be closed out at 35¢c each. At 50 Cents Each. LADIES’ JERSEY RIBBED UNION SUITS, merino finish, high neck, long sleeves, cream and natural color, reg- ular value 90c¢, will be closed out at 50c each. CORSETS. CORSETS. At $1.00, SATEEN CORSETS, extra.long wajst and high bust, firmly and closely boned, -perfect fit guaranteed, black: and drab, recular price $1 50, will be closed out at $1 each. MEN'S FURNISHINGS! .- . At 8% Cents. 162 dozen MEN'S FANCY BORDERED HEMSTITCHED HANDKER- CHIEFS, extra large sizes, neat de- signs and fast colors; were 12l4e, will ; ° be closed out at 844¢ each, At 35 Cents. 96 dozen MEN'S AND BOYS’' UNLAUN- DERED WHITE SHIRTS,with double backs and re-enforced all-linen fronts, extra value for 65¢, will be closed out at 35¢ each. At 75 Cents. 25 dozen MEN’S RA FINE PER- CALE LAUNDERED SHIRTS, with two collars and one paircuffs to each, were-$1 25, will be closed out at 75c each. At 10 Cents. . 76 dozen MEN’S EXTRA HEAVY FULL FINISHED COTTON SOCKS, with double spliced heels and toes, in tan and brown shades, worth 20c,. will be closed out at 10c a pair. At 15 Cents. 122 dozen MEN’S EXTRA FINE CASH- MERE WOOL SOCKS, in sanitary gray and faney mixed extra good value for 25¢, will be closed out at 15c a pair. At 75 Cents. 55 dozen MEN’S CAMEL’S-HAIR UN- DERSHIRTS AND DRAWERS, ex- tra well fimished, worth $125, will be closed out at 7jc each. - .. At §1.00. 45 dozen MEN'S EXTRA FINE UN- DYED SANITARY LAMB’S-WOOL UNDERSHIRTS AND DRAWKERS, warranted thoroughly shrunk, extra - value for $1 50, wilrbe closed out at $1 | each. colors, | ENBROIDERIES! At !; Ce;;;a Yard. CAMBRIC GUIPURE EMBROIDERY, regular value 10c, will be closed out at | 5ca yard, At 7% Cents a Yard. CAMBRIC, NAINBOOK and SWISS GUI- | PURE EMBROIDERY, regular vaiue | 12%4c, will be closed out at 7}4c a yard. At 10 Cents a Yard. CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 15¢, will be closed out at 10c a yard. At 12% Cents a Yard. CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regnlar price 20¢, will be closed out at 12)4c a yard. At 15 Cents a Yard. | CAMBRIC, NAINSOOK and SWISS GUI- i PURE EMBROIDERY, recular value 25¢, will be closed out at 15¢ a yard. At 20 Cents a Yard. CAMBRIC, NAINSQOK and SWISS GUI- PURE EMRBROIDERY, regular value 3b5c, will be closed out at 20c a yard. At 25 Cents a Yard, CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 46e, will be closed out at 25¢ & yard. SLIGHTLY SOILED! This week we will close out the residue of the lines of goods recently DAMAGED BY WATER in our basement, most of which are almost per= fect. They consist principally of FINE BLANKETS, TURKISH TOWELS, CANTON FLANNELS and 36-INCH UNBLEACHED SHEETINGS. GLOVES! GLOVES! At 45 Cents. airs 5-HOOK UNDRESSED KID OVES (genuine Foster hook), in tan, mode and slate shades, regular value $1, will be closed out at 45¢ a pair. 2000 At 55 Cents. 1800 pairs BIARRITZ KID GLOVES, in slate and mode shades, regular value $1, will be closed out at 55¢ a pair. At 65 Cents. 1600 pairs & BUTTON LENGTH MOUS- QUETAIRE UNDRESSED KID GLOVES, in tan, brown and slate shades, also black, regular value $1, will be closed out at 65¢ a pair. At 75 Cents. 1200 pairs MOCHA GAUNTLETS, in navy blue, regular value $1 25, will be closed out at 75c a pair, At 75 Cents. 1100 pairs 5-HOOK KID GLOVES, in tan, brown and slate shades, also black, regular valae $1 25, will be closed out + at 75c a pair. At 75 Cents. 1000 pairs 4-BUTTON GENUINE MOCHA LOVES, in navy blue, regular value $1 50, will be closed out at 75¢ a pair, MANUFACTURER'S SAMPLES! At 75 Cents. 190 dozen KID AND UNDRESSED KID GLOVES, 4, 6 and 8 button lengths, colors and black, plain and embroid- ered back, regular prices $1 25, $150 and $1 75, choice of lot 75¢ a pair. Market -and Jones Streats, urphy EBuilding, Marke! and Jones Streats, Nurphy Building, | Market and Jones Strests, Murphy Building, Market and Jones Sireets. fiscated. During the trip, in some manner unexplained, the prisoner managed to divest himself of the 18-pound Oregon boot, and when his custodian found him minus this np{endaze,he laughingly said: *You dow’t know how I got this off and you never will find it out.” A close watch was kept over him after this and he was not able to play any more tricks on Walsh, who was determined to take no chances with ‘a man so desperate, It was one of Brugfi{’u schemes that as a last chance he would brain Walsh with his handcuffs and jump overboard on the Tiburon boat on his way to San Quentin. To prevent this Walsh telegraphed anead to his friend George Jenmngs, now in this City, and the latter met the party ast arrived on the boat from the south and accompanied it to San Queniin as an assistant to the Santa Barbara deputy. Bru, gy is 4 brother of the much-di cuss anta Rosa murderer, whe, on the | eve of going to tue scaffold quite recentiy, escaped being banged. ———— The Female Miser. * Mrs. Hannah McNally, who lived in a hovel at 1218 York street with her three-year-old randdsughter, appeared in Judge Campbell’s gmu\v,-hrdn{ 10 answer 10 charges g:we‘m crueity to children and cruelty to animal.. She was represented by Attorney Walter Galla- gher. By cousent the'case was continued till 10-mOTTOW mMorning. ~ ever sold for IO CENTS Heres another thing “you cant beat!'iOHNNlE A Set ' Choice Bulbs and Plants. ‘We prepay the postage and guarantee safe delivery of the Plants, A~—3 Beautiful Palms, 3 sorts, strong plaats, ......50¢ TRIAL SETS B—10 Lovely Carnations, 10 SOrts........... 50c G0 Priverinning Cliryssntaemiine, 1 sovis pog| ATy, D=8 Superb double Petunias, 5 kinds.’. 50c | 3 Sets E—8 Grand large-flowered Geraniums, 5 kinds.50¢ | pop =10 Elegant everhlooming Rosés, 10 Kinds..... 50¢ 25 +1 Fuchsia, 1 Heliotrope, | S 1:28 Mai ine, 1 Carnation, I Geranium, OoR 0 im K—10 mqunl:tflfl:' 1 Solaum, 1 Petunia, 1 Abutilon, ¥ Hydran- gea, 1 Chrysanthemum, ' Fom . 3 plants New Calif. Violet, - R, 12Vt Plants, 50, 5 ki i Sl | 200 Send for ou ble, Grass, Clover, Tree and Shrul Fruits; - our latest importations from Germany, France, En Australia and Japan; all the Latest Novelties in' Flower and. EED AND PLANT C p ustrated Catalogue. It containsa com%kte list of our Flower, Vegeta- Seeds, Fruit Trees and Small 0., San Francisco 411, 413 Sansome Street ege: | ___ RAILROAD TRAVEL SAYFRANCISCO & NORTH PA- CIFIC RAILWAY €0, | Tiburon Ferry—¥oot of Market St, San Francisco to San Rafael. i DAYS—7:40, 0, 11:00 A.M.; 12:35 | 5:10, 6:30 ‘Thursdays—Extra trij 30 rda; xtra trips at 1:5 3. and 11:30 ». x. SBUNDAYS—8:00, 9:80, 11:00 A..; 1:30, 3:30, 6:00, 6:20 p. a. San Rafael fo San Francisco. :30; 11:10 a. a.; | Saturdays—Extra trips o 0, 11:10 A. M.; 1:40, 3:40, Between San Francisco and Schuetzen Park same schedule as abo Leeve " Arrive San Francisco. [ Jnemect San Francisco. 1 1595. T WEEK | Sus- | Sun- | WeEx Days. | vavs. |Vesnation| yive | Dive. 0 \M| Novato, |10:40 AM| 8:50 Ax 50 P 9:30 M| Petaluma, | 6:05 Py 10:30 Axc 5:10 #a|5:00 P | Santa Rosa.| 7:30 px| 6:15 rx ! Fulton, | 7:40 Ax ‘Windsor," 10:30 ax Healdsburg, Geyserviile, 8:30 Cloverdale. | 7:30 px| 6:15 Px Pieta, Hopland & 7:40 Ml 8:00 ax| Ulkish. | 7:30 rx| 6:15 puc T:40 ax| i 10:80 ax 18:00 Ax|Guerneville. | 7:30 rx 8:30 vy J 6:15 P 7:40 ax|8:00 Ax| Somoma |10:40 Ax| 8:50 A 5:10 Px|5:00 Pac a0 6:05 pax| '6:15 P 3 Glen Ellen. 7:40 Ax| 800 AN 10:40 Ax|10:30 Ax 880 x| 5:00 x| Sebastopol. | T5ia5 L1615 rac Stages connect at San Rafael for Bolinas. Stages connect at Cloverdale for the Geysers. Btages connect Bt Pleta for Highland Springs, Kelseyville, Lakeport. Stages connect at Ukiah for Vieny Springs, Blas Lakes, Laurel Dell. Upper Lake, Booneville, Green- wood, Mendocino City, Fort Bragg, Usal, Westport, | Cahto, Willetts, Calpella, Pomo, Potter Valley, John | Da; ‘%, Livelys, Gravelly Valley, Harris, ~Scoila and Eurexa. Saturday to Monday round-trip ticketsat reduced ates. On Sundsys round-trip tickets to all points be- | yond Sun Rafael at haif rates. o Ticke: Offic-s. 550 Marke: st., Chronicle buflding. H. G, WHITING, R.X. RYAN, y: Gen. Manager. Gen. Pass. Agent. vnom(rmnc (0AST RATLROAD Via Snusalito Ferry). From San Francisco, beginning October 27, 1895, WEEKDAYS, For Mill Valley and San Bll:‘el—'I:SD. 9°15, 11:00 LM 3 . San Quentin—7 45, 5:15, 6:50 . 130, 9116 A. 3.: 1:4D, 5:16 P. at, Ext:. wrips for San Raisel on Mondays, Wednes Gays and Saturday’s at 11:30 2. . SUNDAYS. ° For Mill Valley, San Ratael and San Quentin— 8:00, 10:00, 11:30 A. >c.; 1:30, 3:00, 4:30, +6:15 P.M. *Does riot run to San Quentin. THROUGH TRAINS. 7:80 A. w. weekdays—Cazadero and way stations. 1:45 P. M. Saturdays—Tomales and wa. ons. 8:00 Sundays—Point Rey Goke! Coke! Coke! CALIFORNIA AND ENGLISH. RAILROAD TRAVEL! SOUTHERN PAUIFIC COMPANY, .(PACIFIC SYSTED.) Traims leave and are due to arrive as SAN FERANCISCO. ARRIVE 20:154 8:45p 7ea0x WSS, 304 Bodding via Davis, .. - 7i8e :80A Martinez, San Ramon, Napa, C e and Sants Roga. 6:152 81204 Nl Banr Jose, Burckisn, Tone, Sacramento, Marysville, Red Bing and Sundays excepted Orovill A ics _ ixpress, ‘mot (for "\felmlk)l,’ Sants Darbara and Los Angeles, .. % 5:00P San Le 81307 Now Criesns Exproc i cono Bakers i, Santa Darbara, Los Angeles, Deming, El Paco, Now Orleans and - East.. caviian . 31807 Sauta ¥6 Route, Atlantic Express for Mojaye and East..,. Mail, Ogden and East........... teeeians 115187 San Leandro. Haywards& Way St'ns _7:18a SANTA CRUZ DIVISION (Narrow Gange). 11D Newark, CentorvilleSunJose, Felion, Boulder Creek, SantaCruzand Way 21107 Nevaro ¢ ‘Almaden, Felton, Bonld fatia ‘Gz and’ Principal Way Stations.. b 4:15» Newark, Sai Jowe and 1,08 (atos. i145r Hunters' Rrcorsion. Ban Jose: Waey Btatic . COAST DIVISION (Third & Townsend Sts) 6:d54 San Jose and Way Butions (New Wi onl; imaden 15200000 RodBR 1154 San Jose, Tres Pinos, Sauts Criz, Pacilic Grove, Paso Roblez, San Luis Ohispo, Guadalupe and Prin- cipal Way Stations . T:00e 10:404 San Joso and Way Btati 5:000 11:454 Palo Alio and Way Station L 3303 *2:30p San Jose, Gilroy, Tres Pinos, Sauin fn':h Selinas, Monterey and Pacitio ixdve .. A icipal Joseand Way Stat » San Joso and Way Station » fan Jose and Way Btations. 3:450 San il Way Stati CREEK ROUTE FERRY. hn‘x;:j:l nuc‘gsca—!m of Market Strest (Slip 8)— 200 11:00A.M. 1. *2i £ :00 26:00 * :.l. S s From GAKLAND—Foot of Brovdway,— 26:00 - 8:00 Eg . 11200 *1:00 ? 3600 *3:00 3400 A for Morning. TP tor Af . * Bundays expepted, e 1 Monda; mf:‘:d'"?nbmm' ights only. onday, 3 FLuosdays ani] Saburdase. - iundess asd Thomiern P. A. McDONALD, 809 to 818 Folsom Street, and 300 to 400 Howard Street, from Fremont to Beale. I have on band a large quantlty of S. F. Gas- light Co’s and Pacifiic Gas Improvement Co.s Coke, which [ am sel/ink at a very low rate. This Coke'ls suitable f0r Graes, Furnuces, Laundrs and ily use, 1 am wiso a direct importer of the best kinglish and Beigia1 brands of Patent Coke, which | am offering ut reduced rates to Foundries, Breweries, Mining Compunles and the irade in lots from 1 ton 10 1000 tons. Country orders sollcited. City orders delivered with promptness. 2 guarancee satisfaction, as 1 know ‘what Il sult from au experiente of 25 years in’ the siness. Office 813 Folsom Street. snd SURE, Alweys ‘mosubstitute, Forsale by alld mmxin'o}z’.]o!i glk); 4c. for Woman' s Sateguard. WILCOX SPECIFIC ©0., 228 SOUTH EIGHTH §T., PHILADA., PAs { : Atlantic D Pacific RAILROAD Trains leave froin znd arrive at Market-Sireet Ferry. " SANTA FE EXPRe>> icago via A. & P. Direct Line frchicasvis & Fo DTS Fullman ‘Tourist Sleux-;:: Clllmm Leaves every day at Palace Sleepers and via Kansas Uity withoat change. Denver and St. Louis. CHICAGO LIMITED, From Los Angeles to Chx:‘c‘azv. ily, with ning Solid_Vestibule Train Daily, ;onnecflu'lnm[m and 3,:30 P.‘;L dzlfl’. from fornia to the East. N ralter now tiess mo_dust: Interesting scenerys and good meals in Harvey's dining-room or.dining cars. T t Ofice—644 Market Street, gy Clrouiclo Bullding.