The San Francisco Call. Newspaper, March 25, 1897, Page 4

THE SAN FRANCISCO CALL, THURSDAY, MARCH 25, 189 ALTILE | B0Y WINS ORTUNE William Gridley Toland | Will Have an Equal : Share. WORTH ONE HUNDRED THOUSAND. Judge Buckles Declares That the Trust in the Toland Will Is Invalid. | directed. 0 | and pariners the obligation of carrying out isto the second cause of defense set up in answer, and is on the grounds that 1t does not state facts sufficient 10 constitute a defense. re will provides as follow: hould my death oceur the expira- tion of the Jeuses of my ate, I desire the firm of E. B, Mastick Esq. and his part- ners to receive all rents. So s0on as the leases of rented lands are canceled I desire the land 10 be sold, bigh lands and tules, with all im- provements, fo the best advantage. Hugo Huger Toland (my son) to receive one-haif of the money."” If this creates a trust then it s a device in restraint of absolute alienation. A trust is an equitable obligation, and is either express or may be implied, resting upon a person by rea- son of & confluenca reposed in hiw, to appiy oF deal with property for the benefi of anotber. The will produces sbundant proof that the testatrix had great confidence in Mastick 8ad his partners. So much confidence did she repose in them that she left all minor details of the execu- tion of her will to them. She intendea they should collect the rents due on the leases and h rents, She provided for giv- $1000, and deciared that his firm liverally compensated for its legal es in settling the estate. cntly the testatrix’s relations with the 2 were very confiden: 1 think there can no doubt but what she intended the rents rested upon Ma 3 fit of the devise he power to collect and receive renis constitute the person so &p- pointed s trustee, snd the instrument by which his appotntment is made a trust, and it em to be wholly unuecessery Lo use trust” and “trust tatrix evidently intended that her rents should be collected until the termina- tion of the louses, when the lands shouid be s applied as she had mposed upon Mastick k and part: her wishes. It is evident, also, that she never intended to give her heirs any interest what- | ever in her real property. AND THE BOY WILL TAKE ONE-| HALF THE ESTATE. I am uneble to discover auy real difference in priacipie between this will and the one passed_upon in the estate of Waikerley, 108 Cal., 629. In the latter o specific mention was mnde of a “trust,” and trustees were ap- a: pointed and named as trustees. The real | estate was devised to them to be managed A Decision of More than Ordinnryf Interest to Lawyers and the | General Public, and to pay from the income cerfain devisees, and at tne end of twenty-five vesrs, at least, 1o sell all trust estate and distribute the Pprocee In the Toland will the testatrix directed that Masiick collect the rents of her real estate then under leases until the expiration of the leases. end then the land was to be sold and the proceeds distributed. Presumably the | leases terminsted nt a fixed and_detinite time, | and before which time no alienation could be FAIRFIELD, CAr., March 24.—William | Gridley Toland, the bright little grandson | of the late Mrs.” H. A. Toland, bas won a | fortune. i Judge Buckles of this county so decided | to-day, and the boy will share equally | made any more thancould be mads 1n-the Walkerley estate before the expiration of the e years, argued here that trustes, lessce and heirs could unite in conveyance 8t eny time and thereby make an absolnte alienation of the properiy; or the trustee and heirs could joun in a conveyance subject to the leases. But the complete answer (o this seems o mo WILLIAM GRIDLEY TCLAND, the Little Boy Who Has Won a Fortune. with Hugo Toland the estate left by grandmother, consisting of about 3500 acres near Toland Landing, in Solano | County, and valued at about $200,000. i Master Toland, who is now in New York | with his mother, commenced suit by bhis | guardian, Ssmuel M. Shortridge, in this | county, to recover one-half of this rich estate. The case, the decision of which gives | this youthful litigant a handsome fortune, | had been pending for several months oe- fore Judge A. J. Buckles of that county. It will be remembered that Mrs. M. B. Toland, widow of the laie Dr. Toland, died several years ago at the Occidental Hotel in San Francisco and left a document pur- porting to be her will, in which she under- 100k to dispose of her estate. Had she died without leaving a will, her son Hugzo and her grandson William Gridiey would have inherited the estate share and share alike. It was with con- siderable surprise that the announcement was made that she had left to her littie grandson only $2000 of her vast estate. | Owing to the fact that the boy is the grand-uephew of Samuel M. Shortridge, | that gentleman caused himself to be ap. pointed his gnardian and instituted pro- ceedings to contest the validity of the al. | leged will. Mr. Shortridge contended that the will | undertook to create a trust and that the trust was void, and to lesl! this point he filea a suit in| this county in which he alleged | that William Gridley Toland was one of | the two heirs-at-taw of Mrs. Toland, and, | s such, was the owner of an undivided | half of the big Toland ranch. This suit was similer to that commenced | by Charles Fair to test the trust clause in the Fair will. { The executors and legatees under the | alleged will of Mrs. Toland were repre- sented by several firms of lawyers. Wil- | son & Wilson represented Grace Episcopal Church, which claimed a §500 legacy ; Major John B. Mhoon represented certain | brothers and tivo deceased sisters of Mrs, Toland and E. B. and George H. Mastick | represented those who were given lega- | cies, as well as the executors. The matter was submitted to Judge | Buckles last December, and he has just rendered an opinion sustaining the position taken by the guardian of younz Master Toland, and| bolding that the trust attempted to be | created by Mrs. Toland was utterly yoid, and that the grandson was entitled to half the property. In the course of alearaed opinion on the subjectof trusts, on the demurrer in- | terposed by the plaintiff to the answers of | the defendants on the motion io strike out the answers asshown, Judge Buckles said : Opinion sustaining demurrer to all the an- swers and granting motfon to strike out. This is & suit to quiet title. Piaintiff claims title fo one-helf of certain | real estate as the heir of Mary B. Toland, de- ceased, and slieging that the defendsnts ciaim some interest thereiu. 5 ‘All the defendants answering deny that the plaintiff hes sny interest in said land except such as he acquires under the will of said Mary B. Toland, and defendants set up claim of title under said_will also in their second, separate and further defense. The demurrer to be that In the first instance the trust of collecting the rents would be destroyed, and therefore defeat the intent of the trustor. In the second instance, while the convey- ance mentioned would déstroy the trust also, the law provides that tne right of lienation which cannot be suspended is the absolute right, which I understand to include posses- sion, ‘and if nd heirs should join in & con to the lease ihat would not be an absoluie alienation. 1 ¢ follows that the poriion of the g tl ust referred 1o is void and to the action of plain- 1 1 For tue reasons herein stated, the demurrer 10 the answers should be and is sustained. © motlon to strike out the first defense of the answers is aliowed and all that portion of the easwers is stricken out. g A. J. BuckLes, Judge. March 23,1897, It will be observed that Judge Buckles bases his decision on the Walkerley case, which came up from Oakland several years ago. The present decision is one of much interest on_ the subject of trusts and shows how difficult it is to draw a trust which will stand the test of the technical law bearing on this subject. Although the decision of the court wipes out the legacy to Grace Church, Mr. Shortridge said, speaking on behalf of his ward, that though the will goes by the board he is willing, and so is his mother, to pay whatever legacies may be provided in the will for Grace Chureh, and to con- tribute money to keep up tha Toland masoleum in Laurel Hill Cemetery. VIRGIRIA MIKES IN DISPUTE. Superintendent Ryan Denied Possession of Hale & Norcross Prepory. VIRGINIA, Nev., March 24.—Joseph R. Ryan, the newly elected superintendent, acting under instruetions from R. R. Grayson, secretary of the Hale & Norcross, to-day demanded possession of the prop- erty from James Cronan, superintendent of the mine under the Lynch-Fox regime. Superintendent Ryan made a demand upon Cronan in person and the latter de- clined to yield possession, upon the ground that he bad no anthority to do so until so instructed by W. M. Fox. Superinten- dent Ryan will notify Secretary Grayson of Cronah's refusal and awaiv further in- structions. e TRAGEDY AT BULLEVUE. Fain Atiempt of a Woman to Prevent Ber Husband’s Buioide. BAKERSFIELD, CaL, March 24— Emile Robert, for twenty-five years a butcher at Believne, one of the Kern County Land Company’s headquarters ranches, committed suicide at his home v tilis morning by almost severing his reck with a razor. Despbndency over ill health was the cause. Robert requested his wife to get up and make a fire in another room, and after doing 0 the woman returned to her busband and found him with a razor gashing his throat. When she attempted to seize the weapon be knocked the lamp from her hands to the floor, leaving them in-darkness. Mrs. Robert then ran out- side and gave an alarm. Two men who responded found Robert dying in an ad- joining room. —_—- Sudden Death at Petaluma, PETALUMA, CaL, March 24.—Jefferson Thompson, a pioneer resident and retirea rancher died at his home here suddenly of heart failure this morning. A widow, four children and many iriends mourn his loss. } HON. P. B, TULLY DIES AT GILROY, The Ex-Congressman Passes Away After a Long Iilness. Was a Pioneer of California and a Leader of the Demotracy. First Gaiined State-Wide Fame As Counsel for Vasquez and Morenc. GILROY, CAL., March 24.—Hon. Pleas: ant B. Tully, ex-Congressman of the Fiith District, died this evening at his home in this city after a long illness. Fe wasa pioneer of this valley, having arrived here in tne early fifties, He married Mary A., daughter of thelate pioneer, Julius Martin, Pieasant B. Tully was a native of Hen- derson County, Tenn., born March 21, 1820. He eompleted his education at Reel’s Academy in 1849. In 1859 he was elected Justics of the Ieace of Gilroy Township and commenced the stucy of law. He was admitted to practice in 1863. Asacriminal lawyer he gained local re- nown, and as the counsel of Outlaw Vas- quez and the noted Jesas Moreno his fame became State wide. In 1879 Mr, Tully was elected a delezate at large on the Non-Partisan ticket to the censtitutional convention and in that capacity maintained his character for firmness and high principle. Throughout his life he had been a consistent Democrat and in the last campaign, when Eugene Deuprey delivered an address *here, he acted as chairman of the meeting, receiv- g a flattering ovation. In 1882 he was elected to Congress from the rifth Dis- trict and served his constituents with honor to himself and his party. He was versed in the intricacies of law, was an eloquent and forcibie speaker and a deep thinker and had a profound knowledge of the science of political economy. In later years Mr. Tully had retired to private Jife, and during the past five years be had not been a well man. His advice was always sought in all legal mattersand by politicians. As a leader of the Dem- ocracy he was a great power in this end of the county. Mr. Tully leaves a wife and two chil- dren, Lizzie P.,the wife of Hamilton J. Riggins of San Francisco, and Mary Lee, tue wife of Supervisor George E. Rea. The news of his death was expected, as he had beear failing rapidly the past two weeks, but it has cast a gloom oyer the city. The funeral will be conducted by Keith Lodge, F. and A. M., No. 187, of which he was a charter member. LOSES TACOMA PROPERTY. Dscided Against the Bank of San Francisco. LACOMA, Wasm, March 24.—The Pacific Bank of San Frarcisco has received & reminder of the fact that the law is mighty uncertain. It recently commenced ejectment proceedings against Dolph Hannah and his wife to remove them from the possession of four acres of vaiuable land in the heart of the city of Tacoma, in what 1s known as the “Niger tract.” It did so as owner in fee under a deed from Frank V. McDonald, whose title to the property had been establisned by the Federal courta year ago in par- tition proceedings brought by him as purchaser from Mrs, Mary A. Givens, the widow of James H. Givens, who died in- testate 1n 1873, without heirs. In the partition suit by McDonald every one interested except the county of Pierce was made a party. It was not sup- posed that the county could bhave any interest. In the ejectment suit Hannah set up a claim of the county as owner under the law of escheat, claiming occupancy by consent of the covnty. It transpires that Givens and wife were Massachusetts peo- ple. They never lived here and bad no community rights. The wiie had only a dower interest, terminating at her death. They could coivey nothing to McDonald, consequently the bank has no titlo. Judge Handford so decides, and judg- ment is so entered. The Commissioners of the county, not thinking the county’s claim worth any- thing, entered into an agreement with Hannah that he should defend under the claim of the county and if successful get three acres out of the four. The Com- missioners are now kicking themselves. The property must .be worth at present prices $20,000. L e WILL JOIN STANFORD'S FACULTY. Ejsctment Suit Pacific Four Frofessors Engaged to Teach His- tory, Politics, Botany and Drawing. STANFORD UNIVERSITY, CaL, March 24.—Dr. Jordan, who on his recent trip visited a number of the leading East- ern colleges for the purpose of selecting suitable men for the university, has an- nounced a number of ;additions to the faculty. Clyde A. Duniway is to be assistant pro- fessor of American history. Mr. Duni- way is a native of Portland, Or. He was graduated from Cornell University in the class of 1893. He has since spent three years in graduate work in Harvard Uni- Versity, where he is soon to take the de- greed of Ph.D.in American history. He has traveled one year in Euarope as the private tutor of the son of H. C. Frick. For the past year he has been engaged as an instructor in Harvard in charge of the classes of Professor Edward Channing. Next vear, in the absence of Dr. Howard, Mr. Duniway will give his courses in ‘American history here. Edwsrd Dana Durand, who has been appointed assistant professor of politics and administration, is a graduate of Oberlin Coliese. He was for two vears a fellow in economics in Cornell Univer- sity, where he will take his doctor’s degree this year. For the lust two years he has been employed as librarian to the Legisia- ture at Albany, and has published a num- ber of articles on quesitons of State legis- lation. Georgze J. Pierce, the new assistant professor of botany and vegetable physiology, hails from the Phil- ippine Islands. Ho was graduated from Harvard in 1803, where he spent three ears more in advanced work under Pro- essors Farlow and Thaxter, receiving his doctor’s degree in 1896, For the past yoar he has been acting professor of botany in the University of Indiana in the absence of Professor Mottier. Miss Zoe Worthington ‘Fisk bas' been selected as an instructor in drawing and Zr 20 painting. Sheis a graduate of Cornell University, and has attained a high repu- tation for the work which she has done. Dl o SUMMER COURSES AT STANFORD. The University's Six Weeks of Spscial Study and the Hopkins Seaside Laboratory Session. STANFORD UNIVERSITY, Caw., March 24.—The znnouncement of the courses of instruction to be given at Stan- ford in summer schooi will soon bs made. A numb:r of tempting coursas from every department in the curriculum will be offered. lnstruction as before will be open to rezularly matriculated students, to teachers and to others qualified to take the work. A fee of §15 will be charged for the regular six weeks course. Tlhe same amount of credit will be given in sum- mer school for the equivalent of work done during the regular university term. Instruction will begin May 31. A list of the courses and their instrue- tors is as follo Greek, Professor Fair- clough; Latin, Assistant Professor Dodge; German, Assistant Professor Rendlorff; French—Assistant Professor Brun and Assistant Wright; English literature— Professor Hudson, Associate Professor Newcomer and Insiructor Schmidt; his- tory, Assistant Sheidon; mathermatics, Instructor Cox; physics—Assistant Pro- fessors Stearns and Murphy; chemistry— Assistant Professor Young znd Assistant ‘Adams; civil engineering—Assistant Pro- fessor I electrical engineering, In- | structor Farmer; music, Lecturer Pas- more. The annual session of the Hopkins Sea- side Laboratory will open June 7 and con- tinue untii July 17. Courseawill be offered in etementary zoology, elementary botany and in aavanced invertebrate 'zoology, vertebrate emoryology and in the physi- ology of marine forms. The work will be done under the direction of Drs. O. P. Jenkins and C. H. Gilbert, SAN ANSELHO ACCIDENT. Car-Repairer Daniel Whaley Seriously Injured by the Explasion of a Raiiroad Lantern. SAN ANSELMO, CAr, March 24— By the explosicn of an ordinary railroad lantern over the flame of which he was as usual holding and warmingacan of | thick lubricating oil, Daniel Whaley, a car-repairer 51 years of age, was knocked senseless this forenoon about 9:30 o’clock. Cut about the right temple and uncon- scious, he was placed upon a mattress, put on the first passing train, and borne to his home and family in Sausalito. At first his condition was thought to be critical and Dr. Mays and Dr. Crompton were hastily summoned. He soon re- covered consciousness, however, and dur- ing the afternoon, though still under the physician’s care, was completely out of danger and with the prospect of being able to resume work in % day or two. The accident occurred just outside a toolbouse about a hundred vards west of the station. Charlie Bottarini, & wood- sawyer in the employ of the railroad company, was the first arrival of those attracted to the scene by the gnn-like explosion. He found Whaley leaning against the buiiding, bleeding, speechless, and slowly sinking to the ground. Whaley is a man of Jarze family and has been in the employ of the railroad company hereabouts for eighteen years, ki COAL FROM CORRAL HOLLOW. First Consignment Arrives at Stockton Over the New Raiiway From the Mines. STOCKTOX, Car., March 24.—The first coal brought from Corral Hollow to Stock- ton arrived late this afternoon. The con- signment included ten carloads. The first carload went to th- Hoit Manufacturing Company of this city, which has had an order placed for coal ever since the com- mencement of the road that now connects Stoekton with the mines. Two others went to Manager Adams of the Stockton Gas and E'ectric Company. The advent in this city of the coal from tbe great mines in the Hollow, and which promises to cheapen so much the cost of manufacturing here, was the occasion of a demonstration on the part of the coal- dealers. Nearly every one of the local dealers was on hand 1o get some of the coal in order to enable householders here to try it ana demonstrate its qualities. The company has not yet made public its rates, but has always said they would be very low—close upon $4 a ton to the house- holders here and very much lower to manufacturers using large quantities. i el PETALUMA'S CAMPAIGN. Two Progressive Women Ave Candidates for Ofice. PETALUMA, CaLn, March 24. — The coming local election promises to be hotly contested one, thirty-four candi- dates being in the field for the various offices. For the first time in Petaluma’s history two progressivo women are named for the office of School Director. They Mrs. Fanny D. Cassiday and Mrs. J te E. Woodworth, and as btoth are ex-teachers they woula fill the positions aamirably. A e Swdden Death Newr Baltand. ' BALLARD, CaL., March 24.—John Me- Giilivray, one ‘of thé most prosperous ranchers in ‘the ios Alamos Valley, mourns the sudden death of his young wife, who passed awav at their_ranch bome—Wigmore—last week. Mrs. McGil- livray (nee Henderson) was. the only daughter of Mrs, J. J. Hobson of this pluce, and during her residence in Ballard was an especial lavorite among a large The fac-simile signature of is on every wrapper cirole of friends. Her father was the late Alexander Henderson of Broombhill, near Suvergordon, Scotland. — SUES FOR LAND NEAR NILES. Aged Ciarkson Start Deeded His Property 1o His Brother and Wants It Back. SAN JOSE, Car., March 24.—Clarkson Start began suit in the Superior Court yes- terday ‘to establish nis ownership of sixty- three acres of land lying on the road from Niles to Haywards, in Alameda County.’ The story tolG in the complaint empha- sizes the uncertainty of life and deaty. In 1893 Clarkson Start was an old manin feeble health, and his brother, George H. Start, was younger and in robust health. Clarkson_ says he believed George would outlive him, and he entered intu an agree- ment, on November 18, whereby he con- veyed the land in question to George in trust for himself and his heirs in order to avoid the necessity of administration upon his death, Georze agreeing to care for the property and CArry out the wishes of Clarkson. In June, 189, with the con- sent of Clarkson, an undivided one-fourth interest in the property was sold 1o Joseph | Silva Louiz for $2350, which money George agreed fo pay over to Clarkson upon de- mand. He neglected to do 5o, and on Oc- tober 21 he died, leaving Clarkson’saffairs in a somewhat muddled conditio: The plainuff states that he was loaned various sums of money by George between November, 1893, and the date of the latter’s deatb, and he wants the court to ad just the entire matter. The defendants in the ac- tion are Mary 8. C. Start, administratrix of the estate of George H. Swart, and Jo- seph Silva Louiz, who he asks be required to interplead and litigate their claims. ELSrRs MANIAC WITH A KNIFE, Crased Laborer Causes Tvoudle om a Banch Near San Jose. SAN JOSE, CaL., March 24. — John Boyd, a laborer, who was formerly em- ployed by M. A. Chapman, an orchardist on Polhemus avenue, was arrested by Deputy Shenff Gardner this morning and will be charged with insanity. Boyd was discharged by Chapman several months ago and went away. This morning he re- turnea and asked for work. He was told there was none, but he insisted on going to work, He started to clean up around the place, aud when asked to desist drew a large knife and threatened to use it on Mrs. Chapman. Deputy Sheriff Gardner went to the place and arrested Boyd. He still had the knife in his hand, but offered no re- sistance. He -refused to say anything, except that the Chapman premises be- loneed to him and he bad a right to his own property. s Deserted by His Wife. SAN JOSE, CAn, March 24 —R. D. Clearwater to-day began a suit for divorce from Nettie Clearwater cn the ground of desertion. They were married six years ago in San Francisco. On February 1%, 1896, the defendant deserted her husband, taking an infant with her. Two other children, aged 3 and 5 years, are with the plaintiff. The whereabouts of Mrs. Clear- water is unknown * — Charles E. Rwers Dead. SAN JOSE, CAvL., March 23.—Charles E. Ewers, for many years conductor on the morning train to San Francisco, died at the Eureka Hotel early this morning. His brother is chief train dispatcher at San Francisco of the Southern Pacific system. Death was due to pneumonia. He leaves a widow and famil; Al Native Sons Elect Drlegates. SAN JOSE, CaAr, March 24 —C. M. Wooster and T. K. Fassett have been elected delegates to represent Observatory Parlor, N. 8. G. W., at the meeting of the Grand Parlor which convenes at Redwood City in April. F. Krumband T. Lenzen were elected alternates. ———— Accused of Bigamy. LOS ANGELES, Can, March 24.—An- drew Ybarra bas, according to a charee brought to-day by bis wife, committed bigamy. Five years ago they were mar- ried, and four children have been born to them. Six weeks ago, Mrs. Ybarra swears, he deserted his home and married Mary F. Castillon. The District Attorney has issued a compiaint for nis arrest. it o Found Dead in His Room. LOS ANGELES, CAn., March 24 —Ths body of I.'8. Miller, a man about 50 years old, was found thjs afternoon in a room in the Richmond House on Commerclal street. He is anflwfled to haye died from Fel‘;t odlsnu. e has a son in Port- and, Or. M AU Will Fote on @ Bond Isswe. LOS ANGELES, CaL., March 24.—The City Couneil to-day voted to call an elec- tion for April 10 on tbe question of issu- ing $270,000 refunding bonds. HE DOES NOT AUN THE GOVERNMENT So Says Huntington When Questioned as to His Policy. Suavely Declares That He Is Not Fighting Against San Pedro. The Southern Pacific President and a Party of Officials Visit Los Angeles. LOS ANGELES, CAn,, March 24.—Col- Iis P. Huntington, accompanied by H. E. Huntington and wife, Vice-President John C. Stubbs, General Manager Krutt- schnitt, J. D. Miller and others, arrived here in a special train from Washington this afternoon. They went at once to Santa Monica. As usual My, Huntington was affable, but he maintained his old-time attitude of reticence regarding his fature policy. In fact he seemed to know less regarding San Pedro than any other subject—at least he wanted to give this impression. He said that he did not propose to com- bat the location of the harbor at San Pedro, but it was said in such a way as to leave considerable doubt as to his real in- tentions in the premises. . “‘Mr. Huntington,” asked a reporter, “we would like to ask you something about San Pedro Harbor.” “Well,” replied the railroad magnate in the most jovial manner, “‘what is there new about it? Is there anything? Tell me. 1 have not kept posted lafely.” 'be papers say that you intend to fight against the decision of the Harbor Board.” ““The report of the commission is in the hands of the department at Washington, and I certainly do not run the Govern- ment. Ihavenot even read the report. Tell me,” he asked, *“what does it say? No, there is reaily nothing to be said,’’ concluded the gentleman. “But can you not say something about your intentions regarding the barbor, and if you propose fighting against the report of the commission being carried into exe- cution 2" “I never fight anything. I am one of the best-natured fellows in the world. No, I am not opposing anything." —_— BISHOP MONTGOMERY LECTURES. “Indulgences” the Subject of a Discourse Delivered by the Catholic Prelate, LOS ANGELES, CaL, March 24.—The second lecture under the auspiees of the Catholic Truth Society, at the Los Ange- les Theater, was delivered by Bishop Montgomery to-nignt upon the subject of dulgences.” “The fundamental truths underlying all Christian doctriné,” d the Bishop, ‘‘are these—redemption and salvation. Redemption and salvation are related closely, but are not identical. Redemp- tion may exist wittout salvation, but sal- vation never exists without being pre- ceded by 1edemption. “The Catholic doctrine is that Christ re- deemed all men and wishes all men to be saved, and he provided the means with which men may be saved. He likewise made a system of salvation, and instituted an organization into whose hands he placed those means. When we transfer- red our allegiance from God to Satan we became spiritually bankrupt, and Christ came to redeem us from our liabilities, but made the application conditional. That application of redemtion becomes salvation. Christ redeemed all, but indi- vidually saved none. The New Testament everywhere shows that we are to work out our own salvation. “‘An ‘indulgence’ is the remission of tem- poral punishment due to sin, after the sin itself has been remitted. It is not pardon or absolution of sin, buta hgnunm,g of the temporal punishment-due to sin.” S DAN STUART IN LUCK. He Loses a Valise Stored With Gold, but It Is Forwarded to His Home in Texas. LOS ANGELES, CaL., March 24,—Dan Stuart—he of prize-fight fame—is not likely to join the “great army of the un- employed’” within the next few days, not- withstanding his “‘great losses” at Carson. Stuart had been a guest of the Hollenbeck Hotel here for a couple of days before pro- ceeding on his way to New Orleans. Ow- ing to a misunderstanding he was late leaving the hotel to cateh his train for New Orleans. He had a number of traps, including small valise in which was $7000 in gold. When he reached the depot Stuart told the hotel runner to take the valises into the Puliman and then went to attend to his bagzage. The runner loaded his arms with the larger bags but forgot all about the little valise containing the gold, and went away leaving this lying on the seat in the hotel bus. Stuart, supposing that his money and all had been put upon the train, hondr_ded the cars for home. tuart discovered his loss thi and wired to Charles Schroder :l ’:l‘x:rgsfi lenbeck asking him to locate the valise, Sobroder tnis afternoon had the money expressed to the forgett: Dilas, Texan, ‘getful gentleman at R Wants Thousands for a Toe. . LOS ANGELES, Cav., March 24.—The Los Angeles Railway Company is aefend. antin a suit for damages. Oscar D, Bal- fix{guqn asks for a judgment of $10,227 for injuries sustained on April 17, 1596, while :lr‘: of the defendant. car :nl::; i:nBBé‘im‘ Vista .z?..{‘-‘.‘m'e'l."’x; uffingto i i, e lo Pl gton losing the big toe of TO-DAY. TIRCHOW FLRCTRIC BELT ! Knowledge of its_superiority A ey that is claimed for it Tt as a healih-giver. Electric belts, sovereign power to heal the ok g in © men and women strong, are too well NOWN {0 fequire argument. Less medi- and conse would invade the hemes di the e but know the wonderful cures effected by e ey LeOPI® belt. We are section who wi of omx nltat:ls. 1f you cannot ter. In either case prompt attention wil, THE VIRCHOW co,, use of our ou to many people in this 'y to the genuive merits cail communicate by fet- 1 be given. 100 Btockton Streev, 8. F. ylcangd to refer il willingly test Tice to suggest its worth || Do you know what the first anq surest signs of premature DECAY , Are? If you do you will be sure that you allow none of them to gt even the very slightest bit of 3 hold on you. You will get good elp as soon as ever you have tireq limbs, as soon as you no longer sleep well, or you note a slight failing of memory. You will get something that has for thousands of your nervous and puny brethren done wonders. That great reme- dio-treatment but for which homes would be desolate to-day that are bright and happy, asylums would be more thickly crowded, and many hundreds would cease to love and be loved. You would, in one word, get and use HUDYAN. If you know nothing of what it has done, ask for printed proof of the fact that it stops all drains in a few days; ask for satisfactory tes- timony that it has cured and made whole big, strong, virile men by the score, and you will find it 4 Y free. Doctor’s advice free, too: The best! The people praise “ Hudyan'* because 1t has never yet failed, even in severest oas Why should it not cure you? Take time by the forelock. Write or call to-day, wnd if you are suffering from blood-poisoning of any kind re- lief is as sure as heaven itself. Hudson Medical Institute Stockton, Market and Ellis Sts., SAN FRANCIBCO, CAL. FOUR SPECIAL BARGAINS e P MEN'S AND BOTS. WEAR! At 5 Cents. 182dozen MEN'S AND BOYS' FANCY BORDERED HEMSTITCHED HAND- KERCHIEFS, extra large size and in neat fancy borders, regular value for $120 a dozen, will be offered at 5c each. At 10 Cents. About 82 dozen MEN’S AND BOYS’ ALL- SILK TECK, FOUR-IN-HAND AND Wi}NDBDhR SC?RF‘fml (!olsg; lli!glhla soiled), our regular _price wil clo-ed,'onut 10c each. %% At 30 Cents. 51 dozen MEN’S AND BOYS” UNLAUN-. DERED WHITE SHIRTS, made with double backs and re-enforced linen fronts, regular price 50c, will be offered at 30c each. At 35 Cents. MEN'S HEAVY UNDYED MERINO UNDERSHIRTS AND DRAWERS, shirts fancy silk stitched and drawers with taped seams, regular value for 65c, will be offered at 35¢ each. Murphy Building, Market and Jones Streets. THE WEEKLY CALL It Publishes the Cream of the News of the Week and MANY ATTRACTIVE AND ORIGINAL FEATURES. ITIS THE BEST WEEKLY PAPER ON THE PACIFIC COAST Always Republican, but Always Fair and Impartial in Its Rendering of the Po- litical News. It’s the Paper to Send East @ You Want to Advertise California. Not a Line of it Sensational ot Faky, and Not a Line of it Dry or Uninteresting, APAPER YOR THE COUNTRY FIRESIDE. Bright, Clean, oughtful.