The San Francisco Call. Newspaper, April 18, 1896, Page 5

THE SAN FRANCISCO CALL, SATURDAY, APRIL 18, 1896. 5 DELMAS-BARNES HEAVY FIRING. Argument in the Martin Case Is in Full Sweep. AN ALL DAY’S TALKING. The Struggling Crowd Breaks In the Dcor of the Court- Room. THE INTEREST IS INTENSE. Delmas Pays a Tribute to the Dis- trict Attorney and the G:neral Expresses Gratification. Neither the Martin will case at any time nor the Durrant case very often drew such | a crowd a ruggled at the door of Judge Daingerfield’s court yesterday to hear the arguments of Mr. Delmas and Mr. Barnes in the George N. Martin damage suit against the Southérn Pacific Railroad. y in the struggle at the door the sin the upper paneis was broken and vals during the day pieces of it 1ld go tumbling to the floor of the hall in a great clatter. Again and again the Deputy Sheri were compelled to clear the hallway or eject men whose persist- ence outran their discretion in their efforts to get forward in the crowd. The whole day was consumed in the ar- when & juror, fearful of itered upon his main argument. Delmas’ opening consumed about He ran through the story, touch- y upon the main points, but, as 2es remarked during the five ecess following, *‘saying as little > case as possible and reserving the finish.”” e described his bi the least shock would be most serious illness; of hly ejected from the car at followec his bein ; his journey home, and his tment in Sioux City and after- bicago; compelled to sell out nd now “‘waiting the dissalu- ne to him as a boon.” ion may not have been cause t it has been greatly aggra- vated, by the circumstances I have de scribed,” he said. “For this you are asked to award him compensation. demand is not for the purpose of punish- ing the defendant—would that it were. He asks that you give him $75,000. The nount seems to have excited the ri: of the defendants. They have offered to pay him $139. Both parties are speaking from the extreme limit of seli- interest. them.” In the course of his address Mr. Delmas | : . S the position of General Barnes | 8 this that readily accounts for the un- | criticize upon several points, but took occasion to pay a compliment to the District Attor- ney, the general’s son. After a five minutes’ Barnes began, saying that whatever of irri- tation he might have felt in regard to cer- tain reflections of the counsel, it had dis- appeared under the influence of the eulogy he had passed upon the District Attorney, ‘“‘a young man to whom I am related by marriage.”” *“Mr. Delmas and I do not often ,8s you see; but in this regard, in admiration of this young man, we are on a common footing,” said Mr. Barnes. He d another pretty thing or two about the younger Mr. Barnes, reverting casually to the lengthening of his own shadow, and this little tribute to his son before a jury quite caucht the audience. g he turned to the case. *‘The ern Pacific Railroad has been de- ved as a giant,” he said. giant it is a giant in rags when it comes i a courtroom. The average lawyer forward if he sees the slightest ow of a case against the company; leaps forward to almost a certainty. He feels that he has the.influence of -the daily | press bekind him to influence public opihion, filling the air with misrepresenta- tion of the cause and of the counsel who may plead it. “Now let us look at this case. This de- fendant undertook to carry the plaintiff across the continent, take the best of care of him, allow him to stop at any station, all for six-tenths of a cent per mile. When be arrived in San Francisco we find bim in the office of a scalper—asking what time the 4 o’clock train left for Sacramento. From the sullen young man from Ottin- ger's we learned that he offered the ticket for sale, contrary to his agreement. The counsel here went into an explana~ tion of how the company losss from the scalper. He then began to follow the acts of Martin, as presented in the evidence; that in his debilitated condition, as por- trayed by counsel on the other side, he took a day coach for his ride to Sioux City. He was an old traveler; he knew how to do things. Martin, he said, had explained that he took the day coach during the day with the purpose of taking a sleeper at night in case there wasa vacant berth—otherwise he would sit up all night. He then went over the history of the signatures, calling them caricatures. *‘He (Martin) says that the conductor, Hubbard, treated him well, but was not satisfied with the signature. Martin says be showed him his watch, matchbox, his gold-headed cane, all bearing his initials. The conductor s: he showed him none of these things. Nobody else saw them except the carpenter going to Sacramento. He says he saw a gold cane with a round top. The cane Martin presents here isa . erook handle. with an inscription of pre- sentation from some orange-growing asso- ciation. Now, that is one of the ugly ele- ments in this case. The fact is he never had that cane. In all this it looks to me that this man is- an old-fashioned North American liar. If that isso I indicate to you a gentleman who is telling the truth” (pointing to Conductor Hubbard). The speaker went over the testimony of Martin, of how he was roughly ejected from the car by conductor and brakeman, who sat-him up against the station-house and, while they jeered at him, motioned for the train to go on. He totlowed with the testimony deny- The speaker characterized the s of the two lawyers, and" at 5 being | n the juryroom all night, sugeested | journment Mr. Delmas had only | client’s visit to the | iness, sick at the time, in a | 1p; his return in a freight car | The | recess General | “Ifitisa| | There are other men who are whoily | human. subsequent conduct of the plaintiff—riding in the caboose of a freight train to Sacra- mento, his trying to sleep in the station, being put out and walking four blocks carrying his baggage—all as being done merely to enhance his premecitated plan to sue for damages. “‘He told the conductor on the train that he had but $8 or $10, enough to buy his meals and land him in Sioux City, and yet when he arrived in tnis City he had money enough to stop three days at the Palace Hotel and then buy a new ticket to Sioux City. On the train orig- inally he was so economical that he took the day coach, his satchel under the seat, no money for sleepers and scarcely enough to buy meals on his way. During this whole time, in his interview with Mr. Ross in the railroad office, or with any other person, so far as we can learn, he did not say to any one that he had been treated in the brutal fashion he has described. He did not consult a doctgr nor did he so much as buy a dose of medicine. When he got home he seys he went under medical treatment within a few days and so remained under treat- | ment for two or three months. That was his story. We would not have known any- thing to the contrary except for his part- ner, my little friend from Cape Cod. Now, Mr. Delmas and I do not agree often, as I have said, but if there is before this bar or any bar a lawyer who will not allow his client to tell a lie on the stand if he knows it, or who will not lead him into error, that man sits there” (pointing to Mr. Del- mas). *“But the testimony of this little codfish hunting man from Massachusetts lets us know through my cross-examina- tion h8w instead of being confined |to sea for months he was instead | flitting like a bird from place to vlace, or flitting like a bat as you please, from Sioux City to Boston, to Cincinnati and back across the continent to San Fran- cisco to anchor here and file a claim for{ $75,000 damages. While here he has lived, | practically lived, in that sink of iniquity, | in the early morning hours with the creatures who serve beer there. not brought all this into view because we delight to riot in the misshapen character of this plaintiff, but because he has pre- | sented himself here under a mask.” Slightiug reference was made to the | marriage contract of the plaintiff. | “Now, gentlemen, this case hasattracted | an amount of attention entirely surprising | to me. It is an ordinary case. This throng that comes here to witness the contest | between Mr. Delmas and myself you have | nothing to do with. You will take the evidence into the jury-room, where there is no crowd to laugh or applaud, and ren- i der your judgment upon it. 1 have been charged with sneering at this claim of | $75,000. I do not know that I have done so. I navea great respect for $75,000. But | I have seen cases brought for $50.000 and | quietly settled for $50. No one expects to get what they ask for. I askyou to render | judgment upon the evidence alone, and so 1 leave it with you.” i Ajter another interval of five minutes | | | | Mr. Delmas began. | “In the course of his argument the | learned counsel has seen fit to refer to the | m arked interest that this case has awak- ehed in the public mind; the space given to it in our public journals,” “The cause, gentlemen of the jury, is not | far to seek. %his matter appeals to every | lone. It is of chief momeént to this| | plaintiff, to be sure, but every man has a pezsonal interest in it. It is something to know if, when a man purchases a rail- | way ticket, leaves his home with certain be said. | vians, and, taking with him money enough | 3 for b is purpose, that he is subject to the | whims of the agents of the railroid lines over which he is to travel; that he may be | | set down at some way-station, 1000 miles | b e | from his.home, in the night-time, and |5 Itis for you to judge between | when he is sick and without friends or ac- | quaintances. Every man who would travel | gp has an interest in this. It is such methods | | popularity of this great railroad corpora- | tion. A corporation that welds the State: together east and west and widens the horizon, and conduces to the spread of liberty—or should conduce to it—should | be among the most popular institutions of the country. But it has subverted its great power until it threatens to under- mine the very Government, and men come | here trembling for fear of incurring its dis- pleasure. “Now I want you to look over thi: proposition set up here by this corpora- | tion. This plaintiff is charged with hav- | ing a ‘game’ all through to fleece the | | Southern Pacific Company. It is set up | as his first and most conspicuous move in | the game that he started East without a | sleeper. One of the witnesses here, a| | reputable business man of this City, was | going East in exactly the same manner. | So the force of that i8 lost. Now let me tell you what the game was.. We were told that Martin’s ticket was ‘bulletined,’ | as they call it in railroad circles. An | agent of the railroad company seems to |have found a place among the ticket scalpers—possibly at. Ottengers’. When Martin called. there he was interviewed as to his ticket, and it was | ‘bulletined’; the company’s agents were warned, the number of it was given to them and they harassed this man all along the line and finally put him off the train near nightfall at a station where he could get no funds nor medical assistance. ““We were told that we would have evi- dence leading up to this bulletin, and | under that promise the counsel secured a ruling from his Honor. Of course the counsel meant to do as he said, but we did not get the evidence. Either it did | not come to hand or, coming, was of such a nauseating character that his heart failed him and he did not dare present it. “Iam free 0 admit that Martin is not an angel. Thank God, there are others. Martin is not of that pure and ethereal character necessary to enter the service of the Southern Pacific Railroad Company. I bave no doubt that all that force from Huntington down have incip- ient wings growing under their coats. Other men may lie, but they neverdo; other men may cheat, but they never do; other men may make false reports of their affairs to the Assessor, but they never do.” The speaker dwelt with some warmth on the reference of the other side to the mar- riage contract. Until a couple of years ago that form of marriage was lawful in this State. It was changed because of the developments in a trial in which the learned counsel was on one side, and was intended to prevent another Sharon case | in this State. But while the counsel may champion the marriage in thechurch, the wedding | march sounding down cathedral aisles, there may be those who, in the simplicity of their two hearts, do not desire such, or could not afford 1t if they did. They may not choose to be wiser than the law, either. . ““The direct inference from the argu- inent here is that this man’s wife is nota good woman. By what right is such an unwarranted inference imparted here. ‘What possible relevancy has it?” :aid the speaker. Referring to suits against the railroad the speaker ssid: *‘It is not a profitable business. Even the successful Fitignn'. 18 more often than not made to regret that he undertook it. What with appeals and possible reversals it is a long and tedious - road at best. The company brings its whole strength to bear to teach the daring man how hazardous a thing it is to confront it. But men do at such times insist upon their rights, and then the whole detective force is turned upon such a one, and every indiscretion of his youth, every family quarrel, every misstep, every ghost in his closet that has been guarded from the public eye, is dragged out to gibber in the night.” The speaker was dissecting the evidcnce anent the handwriting that caused all the trouble when the court adjourned. the Midway Plaisance, waiking the streets | M We have | | Riverside order this year is over a” million dollars, gains the precedence it held for many years as the first of the gold-producing counties of the State. marked CALIFORNIA FOR GOLD, More Precious Metal From This State Than Elsewhere in the World. OFFICIAL RECORD FOR 1895. Comparative Statement of Bullion Prod- uct for 1894-95 Has Just Been Forwarded to Washington. The statistics of bullion product of Cali- fornia for the calendar year 1895 have just been forwarded from the San Francisco Mint to the Director of the United States Mint at Washington, for publication in his annual report on the *Production of Gold and Silver in the United States.” By per- mission of Superintendent Daggett, the statistician, Charles G. Yale, who collected the data, furnishes the following state- ment showing the gold and silver yield of the State by counties for 1895: more large producers to help it out. In Amador County the Kennedy is the larg- est producer and in Butte County the Gold Bank mine. In Calaveras the Utica is the largest, and probably the largest produc- ing gold mine in the United States. In El Dorado County the leading producers are the Idlewild, Church, Grand Victory and Gentle Annie. In Inyo County the largest silver producers are the gorbn. Newton, Union and Minietta. In Kern the mines at White River and those in Amalie and the Goler districts are doing best. In Madera and Los Angeles the product is all from small operations, and the same may be said of Mariposa, though some large companies will be producing there this year. In Mono the Standard Consolidated at Bodie, and the Jackson and Lakeview at Lundy, are the largest producers. At Bodie about $200,000 came last year from tailings worked gy the cyanide process. Nevada ounty’s largest producers are the North™ Star, Marvland, Original, Em- ire, W. Y. O. D.,, North Bloomfield, rovidence, Champina. In Placer the largest producers are the gravel mines. Among :hose showing the greatest yield are the Golden River drift, Mammoth Bar, Mayflower, Paragon, Morning Star, Big Dip%er, Hidden Treasure, etc. In quartz the Pioneerand Lynn and Hathaway lead. In Plumas County the large producers are mainly gravel. Riverside County has its best mines at Perris, where the largest roducers are the Good Hope and Sauta osa. At Banning, too, are some good mines. From Sacramento the mines around Folsom and Michigan Bar give the greatest yield. In San Bernardino the Bilver King properties at Calico are the BULLION PRODUCTION OF CALIFORNIA FOR 1895. COUNTY. Gold. ’ Silver. Tota1. $1,391,920 40, $1,089 00| 1,393, 697,260 85 s6an 00| T -ooaa8d0 Calay 1.7¥ 7700 1,717,993 14 Del Norte. 8,250 00 £ Dorada! 700,548 99 Fresno. . 7 Humboldt. 321332 2 Inyo. Kern. Lasse Plumas. Sacramento. an Luis Obispo, anta Barbara, haste. 602,951 0: 285,106 145,872 280,471 51 277.497 59 25,000 00 23,330 00 | 11,153 83 Total.... $15,354,317 69| £599,789 70 $15,934,107 39 The estimate of the Director of exceed its product of gold over 1394 the Mint in January was that California would by about a million and a half dollars. As a basis of comparison the following table of product for the previous year is given: BULLION PRODUCTION OF CALIFO! RNTA FOR 1894, COUNTIES. Gold. Silver. Total. Amador Butte. $1,332,196 81 473,672 65 350,406 91 35,283 00 34,500 00 ? 107.971 60 Mariposa. 153,746 26 Merced. 762 50 . aaas 762 50 Mono | 3858.824 46 12| 370,373 58 Montere; 8,000 001... s 8,000 00 Nevada 1,830,154 80 475 51 ,630 31 Placer 1,851,214 42! 664 37 1,851,878 79 Pluma: 99 - 499,358 83 Riverside. 93,322 50 Sacremento. 70,326 00 278662 67 266,598 33 1:200 00 622,468 99 604,721 54 760,781 83 26,368 50 1,012:990 84 47 548,520 22 107480 2 107,480 20 32,568 6 32,957 57 $13,863,281 89| $14,160,613 44 A comparison of the fizures shows that the gold yield of the State for the year 1895 increased over that of 1894 by $1,471,035 80 nd the silver product increased $302,- 85 15, a total increase of precious metals in California for the year over the previ- ous one of $1,773,49395. Considering the increase of 1894 over 1893 the annual gold product of the State has increased $2,795,- 538in two years. In the following tabie is shown the 1ncrease or decrease of product of 1895 with relation to the previous year in the different counties of the State: = o o g 28 g3 3z aa 5% B = ne @® ®® D D 5 e -] LE & 72,909 32 10,283 00 11,170 00 dera. 2 Mariposa . Merced. 40,414°65 Riverside. Sacraments San Bernara San Diego.... upa.... Unapportioned. in these tables the ‘“‘unapportioned” refers to bullion from sulphurets, etc., sent to Denver or the Puget Sound reduc- tion works from the mines of this State. It will be seen that there have been some marked changes in the relative standing of th= counties as regards bullion product. In 1894 Calaveras County yielded over $2,000,000 and headed the iist of gold- producing counties. Next came Placer County, followed by Nevada, Amador and Trinity. For 1895 Nevada County heads the list, leading both Calaveras and Placer, which the year previous exceeded it. The Nevada first, Calaveras second, Placer third, Amador fourth and Trinity fifth. No other counties produced Nevada thus re- It is worthy of note that the three coun- ties of the State which showed the largest yield in 1894 all show a failing off of rod- uct in 1895, and the largest producer shows the lrne?en falling off. In the latter case the reduction is doubtless due to the fire in the Utica mine, which elosed it down some little time. - As this is the largest roducing mine in Cnllv?us County and in the State its stoppage of work for a time had a marked effect on the gold product. Several of the counties show a very increase 1n _ product, mnota- bly El Dorado, Butte, Mono, Riverside, Shasia, Siskiyou, Trinity and Tuolumne. It will be noted that the mining counties in the southern part of the State are com- ing to the front as much larger producers than formerly. - Of course a great deal of gold comes from the smaller operations in the different counties, though each county has one or largest silver prodncers. At Hedges, in San Diego County,is the Golden Cross mine, which is the largest producer in the county. In Shasta the largest producers are the Texas Consolidated and the Uncle Sam mines, though the Iron Mountain mines are expected to be this year. In Sierra County the mine making the largest yield is the Feather Fork. In Si:kiyou are many small claims, the most of the mines being gravel. The Black Bear is the largest producing quartz mine. Among the gravel mines with good yield are the Summerville, Bentz Bar, Owens & Sells, Pinerly, Grider, China, Lem, Eastlick, Wright & Fletcher, Golden & Evelith, etc. In Trinity the Xariesi quartz mine is the Brown Bear, and the largest gravel mines the La Grange and the French company’s claim at Junction City. In Tuolumne the larcest producer is the Rawhide. The showing for the year as made out by Statistician Vale at the Mint is a very satisfactory one for the mines of Cali- fornia. These figures settle the vexed question as to_which of the two States of California or Colorado furnished the most gold last year. The State Geologist of Colorado only claims $15,000,000 for his State, and he claimed all that he could. California’s yield is consideraoly above this and will doubtless be from $1,500,000 to $2,000,000 more this year, because many mines have been put in the hands of capit- alists this season which are being developed on a large scale and will be soon at a pro- ducing stage. Meantime many other claims are being opened in a smaller way and all over the State there is intense mining activity, greater, indeed, than has been the case in the past twenty years. . DEVELOPMENT OF ART. A Society for This Purpose Formed After the Parisian Idea. A movement has been started to organize in this City a society on the same basis as La Societe des Amis des Arts of Paris, under the auspices of the directors of the San Francisco Art Association. Members of the Art Association who subscribe $5 as a mimimum and non-mem- bers who subscribe $10, shall for each sub- scription—regarded as the unit—be en- titled to one chance in the drawing to be made on the closing night of the exhibi- tion. For instance, if $1000 be subscribed, the proper committee will select pictures for that amount from the exhibition for that Z“r' and will distribute them to the members by lot on the closing night. By this plan it is thmi the artists will find a sale for their pictures, that in- terest in_their work and in the associa- tion’s exhibitions will be stimulated and ameans of paironizing art and securing niic:luxes be brought within the means of all. This is thoufht to be one of the best means there is for developing art in a new community. Asan evidence of the inter- est already taken in the project the follow- ing list of subscribers is given: Charles R. Bishop. 2 sheres, $10; A. R. Cone: 1 Shars, §6; Horace G. Plut?guham, §25; 3. E. Johuson, 5 shares, $25; Herman Shain- , 1 share, $5; V. Artsimovich, 1 share, §5; Benjamin R. Swan, 1 share, $5; Max Heilbronuer, 4 shares, $20; Rudolph Newman, 2 shares, £10; William L. Gerstie. 1 share, $3; Arthur ers, 5 shares, §25; William Alvord, 1 share, 86 Mrs. William AL vord, 1 share, $8; Max Heilbronner, 1 share, $5; Baron von roder, 1 share, $5; G. Palache, 1 share, $5; A. Borel, 1 share, Aee UL Chavers L aac 1 share, $5; 10; Henry Heyman, H Yrederick W. Zeile, 5 shares, $25; James D. ; F. 8. Douty, 1 share, $5; Charles F. Crocker, 10 shares, §50; Oliver Eldridge, 1 share, $5; Charles W. Kellogg, 1 Henry Russ, 1 share, $5; %: 8. are, §5; Albert Pissis, 2 shares, £10; Dr. Dennis Arnola, 1 share, ; Dr. Yeamans, 1 share, §5. Total, $310. w0 WILL SOON COME BEFORE COUAT. Fair's Pencil Will All Ready to Be Pro- bated. ISSUES CLEARED AWAY. An Open Field to Try the Merits of the Famous Docu- ment. FORCED TO TAKE A STAND. The Litigation Narrowing to the Point of the Validity of the Later Instrument. The Fair case is getfing down to what lawyers call definite issues. Not that the issues which have already come before the court are in any way indefinite, but many of them have had but a distant bearing on the main question as to which of the two documents proposed for probate was really the last will of James G. Fair. There have been collateral issues enough to keep forty lawyers busy, all lending a little mist to befog the main case, and so it was decided that before the main ques- tions for the court to pass upon were pre- sented all these outside matters should be cleared away. To this end the hours of Judge Slack’s afternoon yesterday were taken up with demurrers to petitions, to contests and to applications, and motions to dismiss, to set aside, to deny and over- rule, to continue, to amend and to strike out. There was considerable progress made. The weakling branches were cleared away and the graver questions were putin shape for final decision on next Friday. These main questions include the application and supplemental application for the pro- bate of the will of September 21, 1894—the “stolen will.”” The applications are by the executors and administrators named in that will This will have to lapse, however, until the more pressing questions included in that part of the litigation surrounding the ‘“pencil will,” the will of September 24, 1894, have been determined. These ques- tions are an application by Dr. Marc Ley- ingston, an executor named 1n the “‘pencil will,” demanding its probate, and an ap- plication of Mrs. Theresa A. Oelrichs and Virginia Fair to the same effect. There is then the contest of Charles Fair to the “pencil will.” That is an action which comes up with the application for probate, | for upon the rise or 1all of this contest de- | pends the existence of the will. There is another contest pending, how- ever—that of Hermaa Oelrichs Jr. and of Wesley Crothers, a grandnephew of James G. Fair. It is contended that Herman Oelrichs Jr. has no interest in the pro- ceedings and ne must, therefore, establish his rignt to appear in the matter before he can fight the pencil will. The proceedings of yesterday were opened by ex-Judge Van R. Paterson, who, on behalf of six Lundy heirs, seven Fair heirs, several more Crothers and young Herman Oetrichs, filed a contest to the pencil will. In it the allegations were made that the will of September 24, 1894, was not the last wili of James G. Fair; that it had never been written by him, and if it had been at one time valid it was canceled by a re- publication of the will of September 21, 1894, done upon November 26, 1894. Charles Wheeler, who represents Mrs. Oelrichsand Virginia Fair, demurred to the contest be- cause it includes a number of legatees— the Lundys and Thomas Fair—who had sold their claims' against the estate and so were not interested one way or the other. There was an argument over this and the end was reached in two niotions, one from Mr. Wheeler and one from Judge Paterson to strike out the names of thir- teen—six Lundys and seven Fairs—from the contest. Judge Paterson’s motion was granted and the Fair contestants were re- duced by that number. | This left as contestants Herman Oelrichs Jr. and Wesley Crothers and Charles Fair. Herman Oelrichs Jr. is contesting the pen- cil will because the will' of September 21, the “stolen will,”” is much more profitable from his standpoint. Under the trust clauses he is a legatee, but with them de- clared invalid, or under the pencil will, which has no trust clauses at ail, he is not a legatee. % R The trust clauses were declared invalid in so far as they related to the real property, some time ago, and there is quite a ques- tion as to whether or not they can be made to stand as regards the personal property. The decision was rendered in the case of Charles Fair against the special adminis- trators, and as it was eminently satisfac- factory to both sides, there has been no one to appeal. But little Oelrichs wants to ap- eal, or his guardian and attorney, Judge gnteraon, does, for the decision does not suit him at all. Therefore he has a motion pending before Judge Slack asking that he be made a party to that suit. The sense of the conrt upon the relation of the trust to the personal property is be- ing tested in another way, however. ‘Whenever little Oeirichs, in the person of his guardian, makes a motion or files an important paper, Mr. Wheeler rises and objects that he has no interest in the pro- ceedings, for the trust which defined him as a legatee has been declared invalid. Judge Paterson maintains the child has an interest, for the trust still stands so far as the personal property is concerned, and so the question of the relation of the trust to the personal property is at once brought up. This_was_before the court yesterday when Mr. Wheeler started to object to Judge Paterson’s motions and contests. It was Judge Paterson’s third amended contest, and it was decided that the sec- ond, which still remained, should, upon Wheeler's motion, be ordered off the calendar. Then W heeler argued that Judge Paterson could not file any contest of the will because the court had not allowed him to doso. The code airects, said he, that contests by minor heirs can be breught only by counsel appointed by the court for that purpose.. Judge Pater- son had not been appointed with such authority, nor had it been delegated to him later on,'said Mr. Wheeler, and he therefore moved to dismiss the contest. This motion was denied by the courton the ground that it required the court to take a paruisan stand in the matter. Then Wheeler came back to little Oel- richs again. He said the child had no in- terest in the case and so could not enter a contest. Paterson rose and answered by making quite an admission. He said if Judge Black’s decision already rendered in the trust clause case should stand, then it was evident that little Oelrichs had indeed no interest, for the application of the trust to the real and personal property was such as to make the falling of it in one part bring down_the other. He said further that the point was one not to be tried by a motion to aismiss, but should be tried on ‘an issue of facts. 5 £ Judge Paterson declined to go on record as saying anything definite about the standing of his client, for he had hopes that ‘Judge's Slack’s decision would not stand. At any rate he demanded that Mr. Wheeler file "either a demurrer or an answer to his contest, and let the matter come up in that form. Asto Paterson’s client, Wesley Crothers, he is not to be touched by any preliminary opposition. 1t was shown that under the “stolen will’”” he received one-eleventh of $250,000, and under the ‘“‘pencil_will” he received one- eleventh of $200,000. This clearly. gave him a right to oppose the “*pencil will,” so be was left alone. | ’I:hxs brought the case well along toward 4 o’clock, and then S. M. Shortridge, who had been listening silently all the aiter- noon, took a hand in the . He gave notice that on next Friday he would move to have the probate of the pencil | will set for trial. He said that the later proponent of the will, Dr. Marc Leving-§ ston, still stood in the same positon as that occupied by him when his application for probate was filed. He was anxious to have the case come to trial, and to that end the contest of Charles Fair and that of Judge Paterson for the minors had been | announced without mention of technicali- | ties and within a few days. The issues | were clearly joinea in both cases, and he would move to set the probate of the will | for trial. | All this means that the probate of the | ‘“pencil will” is close at hand. Wheeler | will have to answer Paterson's contest, as i has Marc Levingston, and then the at- torneys for Levingston and the Fair girls will be arrayed. against the remaining counsel. With the probate of the will will be involved all the issues now stand- ing, and before long, if no obstructions are thrown in the way, the tangle in the Fair case will be straightened out. N THE LEB@ CIRCLES The Trades Council Will Gather Facts on Convict-Made Articles. a Carpenters Fail 4(0 Agree on the Question of Recognizing Shinglers as Tradesmen. | The San Francisco Labor Council met last night at 1159 Mission street. There was a rather small attendance of delegates when the meeting was compared with for- mer sessions, yet the usual business of the week was transacted. Delegate Finnerty of the Sailors’ Union | reported that the wages of sailors had | been advanced $5 a month at Eureka, | Humbolat County, and that shipowners | there tried to secure crews of non-union | seamen, but failed. The outlook for the | Seamen’s Union was bright. A letter as follows from the Manufac- turers’ Association regarding the impor- | tation of prison-made goods was read: MANUFACTURERS' AND PRODUCERS’ Assocu-g | TION OF CALIFORNIA. SAN FrANCISCO, April 15, 1896. W. H. Burman, Secretary Labor Council, City— | DEAR SIR: The question of the importation and sale in California of goods manufactured in Easiern penitentiaries has been taken up and is now undergoing investigation by a com- | mittee of this association. It has been suggested that you might have in | your possession valuable informetion on the subject, and I have, therefore, been requested to ask you to give us such information as you may have 8s to the extent t0 which prison- made goods are handled in this State, the source of supply of the same and who are handling them. Thanking you in_advance tor any informa- | | tion that you may be able to furnish us in the matter, I &m, yours very tru | . MEAD, Secretary. | Tiie secretary was instructed to send a copy of the letter to each of the affliated | unions, requesting them to investigate it | in their respective trades and report back | to the council. | A motion that a printing firm beawarded | a contract for publishing the proceedings | of the council weekly was laid upon the | able, because the contract called for ani advertising concession. | The electrical- workers and pattern- | makers decided to support the council. _The council then went into secret ses- | sion. The Carpenters. | Carpenters’ Union' No. 22 discussed the | request of the Shinglers’ Union for admis- sion into the Building Trades Council. It has been a question with carpenters whether shinglers were entitled to recog- nition as tradesmen, and this difference of ovinion caused a long debate last night. The matter was laid over for a week. Cooks and Waiters. Tha Cooks’ and Waiters’ Society held a meeting at 1159 Mission street 1ast night and received several members of the pro- | fession into its ranks. | B | Fell Dead on the Street. | Charles 8. Koyen, a grocery-store clerk, 36 | years of age, dropped dead at the corner of Broadway and Taylor street last evening at 7 o'clock. He was carried into a store at 1005 | Broadway and a physician summoned, but | when he arrived life was extinct. The Coro- | ner was notified and the remains removed to | the Morgue. ————— | 1f you once use Mitcheli’s Magic Lotion you | will never be without it. o | zens by a different set; MR, HAYNE SCORES THE RAILROAD. Continuation of the Argu- ment in the Railroad Suit. RIGHTS OF THE STATE. Equal Protection of the Laws as Applied to the Southern Pacific. SUPREME COURT DECISIONS. The Attorney for the Railroad Com- missioners Cites Many Auv- thorities. Judge Hayne was asked yesterday when he would likely conclude his argument for the defense in the case of the Southern Pacific Company against the State Board of Railroad Commissioners, which has | been progressing in long and numerous chapters before Judge McKenna in the United States Circuit Court. “You just come within the limit,” re- plied the attorney to his inquisitor. “How is that?” “Well, it is this way,”” went on the at- “You are the eleventh man that ed me that question; the twelith This case has been distinguished for the length, breadth and depth of the argu- ments of counsel on both sides and there is no knowing but that Judge Hayne, who is making a very exhaustive argument, will continue another week. All day yesterday Judge Hayne played a ceaseless tattoo upon the position of the railroad. He cited authorities, drew parallels and raked the enemy fore and aft. Juage Hayne consumed the greater part of the day in reading decisions of the Supreme Court of the United States upon tbe guestion whether the proceedings werg such as to deprive the Southern Pacific Company of ‘“‘the equal protection of the laws” within the meaning of the Four- teenth Amendment. He read a case which showed that a State could make a iaw providing that ap- peals from one locality could be heard by one appellate court, and appeals from an- other locality in another manner; that in cities of a certain size there cculd be fifteen challenges to jurors and in cities of a less | size fewer challenges; that the proverty of railroads could be assessed by one set of instrumentalities and the property of citi- that corporate securities could be assessed at par or nominal value, and other securities at actual value; thatfor the purpose of fixing rates railroads could be classified accord- ing to their length, or according to the amount of business done, or according to the time at which they were buist—all without infringing in the provision as to due process of law, or the provision as to the equal protection of the law. Then Judge Hayne took up the proposi= tion that only the grain reductions could be considered in this vroceeding, but had not proceeded far when the court ad- journed till Monday. The fact that Judge McKenna continued the case until Monday instead of Tuesday, as heretofore, shows that he is anxious to get through with 1t. It has been a long, tedious case, involving questions that have never before been raised in a State or Federal court, and its conclusion will doubtless be a great relief to both the Judge and counsel. Following Judge Hayne, the argument for the railroad will be taken up by Mr. Garber. ‘Wants Her Money Back. Rebecca Casmer SWOTe OUT &, Warrant yes terday for the arzest of Sam Lingerman. Re- becea is 40 years old; Sammy is very much younger. Rebecca’s complaint is that Sammy obtained $215 from her on the promise of marriage, with which to start a cigar-stand. Lingerman is recently from Los Angeles. ————— The Rock of Gibraltar is 1470 feet high. o ol 0 X PEOPLE STRONG.” L BB BL i R o e AN 0 D 340 ) e o el q - Ve R e Nty {] Y s 5 3 o)A 5 S, ] o, 2 %, iy (A -, i edge th: &/1G (1 siould force you to adopt the only scientific mesns of recovering your strength—your manhood. This means s torough the daily appiication of Dr. Sande It infuses the matural basis of ail animalJtfe - Electricity—into your Impovertshed nerves, and in a few montns restores complete manhood. RSy BT K WRAKNESS, OR LOSS OF MANLX Vigor In men 1s a subject worthy of deep-con- sideration. The knowledge that you are not equal to the demands of nature in your vital powers— that your physical manhood 1s waning—is a knowl- NRE at should urge you to prompt actlon; It =y il o i en’s Electric Belt, with free dispensary. Dr. Sanden's celebrated book, ‘“I'bree Classes of Men,"”" sl Dot perfect In manhood. hould be 1n the hands of every man whols It gives reasons for your weakness, and expiatus to you a quick and positive cure, It is free. send for it. SANDEN ELECTRIC CO.. 632 Market Street. San Francisco, Opposite Palace Hotel. Office hours: 8 a. M. to 8:30 P. M.; Sundays, Los ANGELES, CAL., 204 South Broadway. 0 to 1. OFFICES AT: PORTLAND, OR., 253 Washington street.