The San Francisco Call. Newspaper, June 2, 1897, Page 14

14 THE SAN FRANCISCO CALL, WEDNESDAY, JUNE 2, 1897. A MILLION DOLLARY OR LI Claus Spreckels Brings Suit for Damages Against W. R. Hearst. WATSONVILLE *“HOLD- UP” ARTICLE. “Examiner” Statem-nts Said to Bs False and Defam- atory. PAPERS FILED IN THE SUPERIOR COURT. Grove L.J hnson Retain~d as Leading Counsel for Pliint ff in the Action for Damages. esterday Claus Spreckels, through his attorneys, Johnson, Lenforth & Whita- ker, filed in the Superior Court of this State an action to recover $1,000,000 from W. R. Hearst for libel. The complainant alleges that the Ex- aminer on May 23 published false and defamatory article asseriing that the piantiff “held up” the sharebolders of t e Watsonville Beet-sugar Company and compelled them to sell the:r stock. The suit is brought in the Superior Court of Calitornia and if the defendant, W. R. Hearst, does not respond service on him will be sought by publication of summons. Shouid the defendant petition 10 have the case transferred to the Fed- erai court the plaintiff will proceed in that direction. The assertion was made yesterday by counse! for the plaintiff that the case would be conducted with vigor- ous determinaiiox After reciting the allegation of the plain- tiff regzarding the harm possible to be done by the misdirection of a newspaper such as the Examiner, the complaint continues: That, at all the times hereinafter mentioned, the planuf was, and he now is, engaged in occupition of the manufacture of beet nnd otherkinds of sugar, the building and manage. ment of ranuroads and the builaiug and man- sgement of ships and steamers for travei and traflic, the purchase and farming of lavds, the purciiuse, erection and renting of buildings, the loaning of money, and otner various and exiensive businesses and enterprises, in the said C 1d County of San Francisco and throughout the Staie of Californis, in many Stites and Territories of the United States, in re Sandwich or Hawaiian Islands, and’ in er countries, and at all of the times here- inafler mentioned the plaintff was exten- sively, well and fsvorably known throughout the said City and County of San Francisco, the States oi Californis, Oregon, Washingion'and Nevada, and throughout all the States and Territories of the United States, the Sandwich ot Hawiiian Isiands, the Dominion of Canada, and aiso 1hroughoul othier siates and coun- tries of North and South America, Europe, A frica, Australia and Polynesia. L That, on the 234 day of May, 1897, at the City and County of San Francisco, Staie of Cal- iiofnia. the deiendant, desisning, contriving | and inlending to expose the pisintifito hatred, | contempt, ridicuic and_obloquy, and with the | ion to injure him in nis’ said occupa- 4, ousinesses and enterprises, did publish and concerning the plaintiff in the said ewspaper, the Examiner. a certain article words and figures following to wit; re held up by the trust” (meaning, charging und intending to charge thereby that certain persons, thereinafter mentioned in the said article, had been robbed in the man- ner of highwaymen by plainiiff herein aud a | certain trust, with which the plaintiff herein was connected), aud the same was 50 under- stood by the subscribers to and readers of the said newspaper &nd said articles. Outside stockbolders in the Watsonville plant foreed to sell” (meawing, charging and intending to charge Lhereby that ceriain stockholders in the Watsonviile plant had been, againat their will and interest, and to | their dissdventage and loss, compelled 1o sell their stock 1n said Waisonville piant), and the | same was 50 understood by the subscribers to | and readers of said newspaper andsaid ar- | Claus Spreckels paid handsomely but gave th. iders no option” (meauiag, charging 2n¢ 1utesding to charge thereby that plainuff herein had paid certain persons, stockholders in'the Watsonviiie piant, thereinafier named in said article, an_improper and exhorbitant price for their stock therein, aud had coerced the suid persons into selling the same to him, Couirury 1o their wish and desire, and against their interests), and the same was so under- 8tood by the subscribers to aud readers of said newspaper and said article. “Seveinl merchants were informed politely that their stock was wanted” (meaning, charg- ing and intending to charge thereby that cer- tain persons, merchants interesied in said Watsonville plant es stockholders, had been informed ana notified by the plaintiff that their stock in said Watsonville plant was wanted by him and that they must sell or sur- render the snme Lo him irrespective of their in the premises), and tne same was so understood by the subscribers to and readers oi said newspaper and said article. “Grip of the beet-sugar plants” (meaning, charging and intending to charge thereby that the plaintiff and the trust with which the plainiff was allicd had obtsined possession improperly and through coercion exercised upon aud over the owners and persons infer- erted in said beet planis of the planis organ- ized and constructed iu California for - the manufactuie of beel sUEST, 0 &8 1o control | the same aguinst he inlercsis of the owners | ol sa:d beel-sugar plauts and the people at large), #nd the same was so understood by the subsciibers (0 and readers of said newspaper and said article. S atile and Tacoms oppose the trust, and want the reciprocity ireaty maintained. ““The sugar trust, through i most powerful aliy on this comst, Cluus Spreckels, has ob- tnined all the outstanding stock of the Wai- sonville Beet Sugar Company. This has been uwumpn.».ned by processes well known to the trust.” (Meaniug, charging and 1ntending to charge thereby that ssid plaintiff, acting for snid trust, had obiained the said stock in an improper’ and unfair manner, and tnat said painufl und the said trust were in the habit uf obiainiug stock and property in an im- proper mantier), and the same was 80 under- s100d by the subscribers to and readers o1 said newspaper end said article. “The price paid by the trust was a handsome one, but the desires of the stockholders were not’consuited. The sale was compulsory in every case.” (Meaning, chargiug and futend- ing to charge that the wishes and desires of the owners of said stock were not cousulied, and that said owners were, against their wisbes, desires and inter mpelied and coerced into making the said sale, and that said sale was agaiust the interest and desires of said stockholders, and that they were so compellad and coerced into making the same by fear of the plaintiff herein), and the same was 50 undersiood by the subscribers to and readers of said newspaper and said article. “About six weeks ago the Examiner stated that the ovject of the visit to this coast of John E. Searle, the ‘Sphinx’ of the sugar trust, was 1o secure control in the jaterests of that combination of the beei-Sugar plants at Salinas and Watsonville, or to_enter inio & compact with Claus Spreckels. The story was not denied except to & limited degree, involv- ing the admission that Claus Spreckels had joined hands with the trust.” (Meaning, charging and inteuding to charge thereby that plsiutiff had made some improper and unlawiu! arrangement with & Certain trust to control the said beet sugar plant o the injury | articie. of the owners and stockholders thereof and the people at large), and the same wassoun- derstood by the subscribers to and the readers of said newspaper and said article. “In en interview pubiised in his own paper W. J. BRYAN FAVORS THE LINCOLN MONUMENT. Prof. W. W. Stone, 322 Haight St., San Francisco, Cal. Dear Sir:- May 27, 1897. . I have just found your letter of March 27th among my unan- swered letters, press of business having compelled me to neglect my mail. I congratulate your league upon the effort which it is put- ting forth to erect a monument to Abraham Lincoln. Monuments tes- tify to the patriotism of those who erect them as well as to the greatness of those in whose honor they are reared. When we honor the memory of those who have performed great services in behq.lf of their country we prove that we are worthy to enjoy the fruits of those services. day beautiful in language. is especially appropriate. It Yours very truly, ™~ The reading of the Gettysburg speech on Lincoln is exalted in sentiment and Mr. Spreckels said”: (meaning, charging anl intending to charge thereby that the plainufl herein was the owner and publisher of & news- paper), and the same was 50 undersiocd by the subscribers to and rezders of said newspa per and said article. « By this transaction the trust did not secur a controlling interest in the factory. That is still in my hands, so that we will aiways be in a position o compete in the open market. It is_ understood that the trust will co-operate with me in the work of developing the beet- sugar industry in this State by the erection of number of iactories as fast as ihey are re- quired. Their estabiishment will depend, of course, on the ranidity of the growth of beet- sugar plantations. It 1s also their intention to develop this indusiry (hroughout the | United States.’ ; “The Watsonville Beet Sngar Company has a capital stock oi 1,000,000 in 10,000 shares of the value of $100'a share. More than hall of the stock is owned by Mr. Sprec the | trust has a good slice and the remainder, un til # few weeks ago, was in the hands of ouwiders, men of wealth and associates more or less in; timate in & business way with the sugar king (meaniug, charging and intending o charge thereby that the plaintiff was & suzer king) and the same was =0 understood by the s scribers to and readers of said newspsper and said articie. ““The gentlemen in this City who own the stock paid F100 & shure for it, and every one has since received $117 a share in dividends Not one was anxious to surrender stocs which paid so handsomeiy, but no one has dared to disobey the request to seli it.” (Mesning, charging and intending to charge thereby that the owners of said stock, and each of them, were compelied and coerced, sgainst their wish, desire and interest, by the plain- tiff, to pari with, se!l aud dispose of their said stock, by an iinproper ana illegal request made by the plaintiff to them to seil the said | stock, and that the plaintiff put the said | stockho.ders, by his said request, in such fear the. they were airaid lo refuse tosell he same to him, aithough they, as aforesaid, did not wish so’ to do, and would not hnve sold said stock but for their fear of the plaintiff and through fesr that he would injure them in some mannuer unless they did so sell said stock to him), and the same was so understood by the subscribers to and readers of said news- aper and said articie. P Xlhe price pald was handsome, for the trust can afford to pey for wha it needs. In every in- stance uot less than $300 a share was paid, and the only disagreeable feature mboui the deal was the fact that it had to be made.” (Meaning, charging and intending to cnarge inereby that the said plaintiff, aciiug for suid trust and also for him=clf, offered to pay and did pay for said stock more tnan the veiue | thereof, for the resson that it needea the same for some 1mproper and illezal purpose, | and that said sale of said stock was made by said stockholders under the fear that they en- tertained of the said pisintiff, and that said sale would not have been made but for the fear fn which the said stockno.ders stood of the plaintiff herein), and the same Wss 50 nD- derstood by the subscribers to and readers of said newspaper and said erticle. “One of the gentiemen who parted with his | 100 snares reluctant.y said yesterday : +*+I have no Watsonville siock now. all to Mr. Spreckel “Dd you sell it voluntarily?' « «Well—yes and no. 1made & good turn on the stock, but 1 would have preierred to keep i’ “‘How did you come to sell it—did you proffer it to Mr. Spreckels?” | 0; he wanted it aud he had to have it ““You were held up ' ] think that describes the condition. Tt was & hold-up.’ 7 (Meaning, charging and in- tanding to charge thereby that the gentieman | referred to in said article was a siockholder in | said Watsonville Beet Sugar Company, and as such stockhoider was compelied aud coerced by pleintiff herein, sgainst his wish and o sire, to part with bis stock in said company and, had it not been for the improper and illegal pressure and coercion exercised over and upon him by piaintiff, he would not have sold or disposed of his said stock in said cor- | poration, put would have retained the same, | and that by being so compelied and coer as aforesaid in so disposiug of hissiock he was robbed of the same in the mauner tnat | & highwayman robs & person, and that plain- tiff was the highwayman who had thus un- lawiuily held him up &na_relieved him of his stock against his wish, will and consent), and the same was so understood by the subscribers to_and readers of said ncwspaper and seid Isold it | “The same gentleman said that he received | $30,000 for his 100 shares and he knew others who had been forced to sell at the same rate” (meaning, charging and intending to charge thereby that the gentieman there referrcd (o a stockholder in the said Watsonvilie | Beet Sugar Company, the owner of 100 shares therein; that he nad parted with said stock through force and duress exercised upon and over him by the piainuff herein for the sum of | $30,000, and that e wouid not have sold the | same had he not been forced and coerced into 50 Coing by the plaintifi—and that he knew of ether stockholders in ssid corporation who had likewise been forced and coerced into parting with their stock through duress exer- cised over them by the vlaintiff and against | their wish, will and desire), aua the same was | s0 understood by the subscribers to and read- exs of said newspaper and said article. “E.J. Molera had 200 shares. He said: T wouid not like o sy anyihing about this matter. My relntions with Mr. Spreckels have been very cordial, and 1 do not want 1o say do anything which would make them less so. | I have done much business with him in the | past and hope 1o do for many years to come. T soid the stock at a good price and I am satisfied.’ ““Jobn L. Koster of the California Barrel Com- pany admitted that he bad sold his 100 s ares to Mr. Spreckels, but _dec.ined 1o discuss the | matter 1n any Way. The list of those who sold their stock is as follows:"’ E. J. Molera +-.200 shares .. Tubbs estate.............100 shares Samuel Sussmians. 100 shares Loots SI08S Sr............. 100 shares ... 100 shures. “77 7100 shares [ 1112 B0 shares 260.000 20009 30,000 15,000 | . ..750 shares. 5,00 ) 1 “The last fifty outstanding shares were not obtained without a siruggle, and 1t is said that | Dr. Buckley wns paid a higher price than his fellows.” {(Meaning, charging and intending 1o charge thereby that one Dr. Buckles was | the owuer of fif y shares of stock in said Wat- | sonville Beet Sugar Comyany, and that plaint- iff bad paid him §15,000 for said fifty shares of stock for au improper motive and purpose, and that the plaintiff had been compelleg, in order 1o earry out his said improper moiive and purpose, 1o pay the said Dr. Buckiey a | higher price ihan he had paid otner owners of | stock of said company, and that he had bee unable 10 obtain 1he said fitcy shares of stock | except by the use of improper, iliegal and cor- | rupt methods and coercion excrcised upon and | over the said Dr. Buckley, and that the said Dr. Buck did not wish to and would pot have partea with his said stock but for the use by plaintiff of the improper, iilegnl and corruit methods aioresaid), and ihe same was 50 understood by the subscribers 10 and read. ers oi said newspaper and said article, “Iu every case in which these gentlemen were original siockholders they h-ve received 4l their money back and $317 & shars to 00 “The object of the compuisory transfer was explained by one of the victims of the wn. looked-for and undesired liberality of the trust”’ (meaning, charging and intending to charge thereby that the said transier by the id stockholders of the said Watsonville Beet Sugar Company was in every case azainst the wishes of the owners of said stock and tha Lue same was brought about by the improver and illegal methods of the plaintf an each of the said stockholders had been victim- ized and robbed of their property by th tion of the gllmflfl winst their wish desire, and thatno one of them would have parted with their said stock but for the said improper and i.legai conduct of the plaintiff in regazd thereto and the fear 1n which they st0od of him), and the same was 80 understood by the subscribess 10 and the readers of said newspaper and said artizle. ““He said: ‘1 cannot afford (o have my name mentioned. Though I was unwilling to X Kknew beiter thau (o refuse when the request | was so pointed. T | the attention of the subseril to antagonize, and it has been strengthened by tne scce-sion of Mr. Spreckels, wio can look after affairs here and make things un- pleasant for those who do not take the right, that is to say the trust, view of affair Meaning, cha g and intending to charge therepy that the suid stock of the said Waisonville Beet Sugar Company was afraid to have his name “ered]| mentioned in connection with said transaction and said article, through fear of p:aintiff, and that said person did uot wish to sell his said stock, but that he the same when he was ordered so to do by plaintiff, and that the action of plaintiff in re- questing him to sell his said stock was in the nature of a threat and co- ercion upon him, which put him in fear of 10ss 1o his property and business, and that the sugar trust and piaintiff would injure those persons who differed from them in busi- ness matters concerning the smid stock and trust and that plaintiff would endeavor to ruin the business and destroy the credit and influence of any person in California or else- wlere who opposed the wishies of the trust or of plaintiff, and that plaintiff had agreed to ana with tfie sugar trust that he would look after its_interests in the State of Caifornis and would seek to destroy, ruin and make things unpleasant for thoge persons who did not sell their stock In said company to said trust or to piaintiff, or who would not agree with the said trust and visinsff in their view of uffairs concerning said stock and said trusy), and the same was so understood by the subscribers 1o and readers of tne said newspaper and said article. “* “The object 01 the transfer is evident; the trust does riot wish any one outside its ranks 10 know t00 much about its affairs. So long as 1 held a single share of stock I had the right to look over the company’s books. Sup- pose, for instance, that the Watsonville and Chino factories agree upon the price that they wiil pay the farmers for their beets, and_ the price will not err upon the side of liberalit. Who, then, 15 10 ask to see this agreement? Noone but an outside stocknolder. The in- sider does not care. This handsome price—for it is handsome—was the price of secrecy. I | now one gentieman who demurred to sell- ing, just as I did, but he changed his mind wheéi he received '8 hint that i he did not comply his trade might be sffected by the refusal’ (Meaning, charging snd intending to 'charge thereby that the trust and plaintiff carried on an im- proper and - illegal business and did not want or wish auy ome to become sc- quainted therewith, or to examine itsor his books or affairs, and that the pucchase of said stock by the trust and plaintiff was for & cor- rupt, illegal and improper purpose, and was in the nature of money paid to the owners of said stock 0 compel them to keep secret the transactions of said trust, and of plaintif, 0 and to enable the said trust, and pleintiff, keep secret its said imiproper, illegal and rupt practices, and that there was une stoc holder of said company who had been threai ened by plaintiff, and hisd been told by plaint- if that uniess ue sold bis stock in said com- pany to said trust or 10 plaintiff the plaintiff would injure and ruin his trade and business, and that butforsuch threat, so made by plaint- iff, aud the fear it caused upon the mind of the said stockholder, he would not have sold his said siock to plajutiff), and the same was so understood by the subscribers to and readers of said newspaper and said articie. “The rumors of the compuisory sale of the stock have been whispered on the streets for days” (meaning, charging and intending to ; charge thereby that the said sale of the said tock of the said company to said trust and piaintift had been brought about by the im- proper and illegal conauctof the plaintiff, and that the owners of the said stock had been compelied and coerced against their wish, interest and desire to seil the said stoek to the plaintiff. or said trust, by the threats of the plainiiff, and would’ not have sold the same but for the coerclon and influence brought to bear upon them by the plaintiff and the fear in which they 5t00d of him), aud the same was 50 understood by the subscribers to and readersof said newspaper and said article. ““The representatives of the trust have met defeat both in Seattle and Tacoma. In the iormer city everything looked favorable for an indorsement, as Mr. Webb, the representa. tive of Ciaus Spreckels. presenteq a long ar- gument to the Board of Trade and the Cham- ber of Commerce. A dispaich of over 900 words was than read by a iriend of Lonis sa- roni of this City. This changed sentiment entirely, eud the Seattle merchants voted unanimously against abrogation. They in- structed the special committee on the Ha- waiien treaty to send a memorial to Congress, aud to telegraph immediately to the United Siates Senators and Congressmen {rom Wash- inglon to oppose Vigorous.y all attempts to abrogate the treaty. “Ten days Iater, that s 10 say, last week, the Tacoma Board of Trade took action on similar lines with equal unanimity.” v. That the said article so published as afore- | said was and is false, malicious, defamatory and unprivileged. o That in the said article, 50 published as atloresaid, were the words Were held up the trust,” “Outside stockhoiders i sonville plant 1orced to sell, * eis puid handsomely. bu: ve the holders no option,” “Several merchants were informed politely that their stock wanted,” “Grip of ihe beet sugar plants,” “Seatile and Ta- coms oppose the trust and want the reci- Drocity treaty maintained,” were printed in headiines at the bemd or beginning of said article, and at the top of the page of said newspaper upon whicn the article aforesaid was printed, and in large type, and promi- nently displayed, for the jurpose of attracting s 10 and read- ers of the said newspaper to the said libelous article. VL That, by reason of the premises, the plaintift has been damaged in the sum of one million (¥1,000.000) dollars. Woerefore, plaint!ff demands judgment against the detendant for the sum of one million ($1.000,000) dollars and his costs of suit. JOHNSON, LINFORTI & WIHITAKER, Attorneys for Piainuft. STATE OF CALIFORNIA, Vgt Crry AND COUNTY OF SAN FRANCISCO.{ Cluus Spreckeis, haviog been duly sworn, says: lam the plaintiff in the above-entitied action. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to the matters and things therein siated upon infor- mation and belief, and, us 10 those matters, 1 verily believe it to'be true. CLAUS SPRECKELS. ubscribed and sworn to before me this Lst of June, A. D. 1897, (SEAL] LEE D. CRATG Notary Public in and for the City and County of Sau Francisco, State of California. The plaintiff in the suit, Claus Spreck- els, bas done more than any other citizen 10 develop the material resources of the State. He nas given freely of his vast weaith 1o promote public enterp: and 10 open avenues of employment for the workingmen of the commonwealth, Shortly after the statements concerning the Watsonville shareholders were pub- lished in the Examiner he solicited the management of that journal to publish an ariicle serting forth ihe facts in the case. This articie the Examiner declined to publish. “PUGS” HAVE SOME USE. Five Per Cent of the Proceeds Given to the Balboa Boulovard Fund. Balboa boulevard fund has been en- riched $117 50 bv the ‘‘pug” exh:bition given ot Woodward's Pavilion on Monday night, in which Paddy Frank Slayin played the role of a dead duck. This amount was obtsinea on the stipulation that 5 per cent of the gate re- ceipts should go 10 the unemployea fund, which it did. With this sum and about e trust is not a good thing | some one of the said owners of | was afraid to refuse to sell | the Wat. | laus Spreck- | 1 $600 to come from the Tngleside track as | the proceeds of Monday’s races the fund will be increased materially. With the surpius in the hands of the treasurer it will be sufficient to keep 150 men at work for the next two weeks on the boulevard. - | HE I8 LIKE A MOTH | The Peculiar Attraction of Incandescent { Light Bulbs for Edward Smith, Edward Smith, a young man still in his teens, confesses to an overpowering love for incandescent lignt buibs. They at- tract him when dead as surely as they do | moths when alive, and as a consequence | the fellow has been arrested on a number of charges of petty larceny Policemer Dillon, Crockett and Wallace have been trailing Smith for some time by the quantity of bulbs they have found tured him on Third ~street, where he was dispesing of property stolen from Ginter’s saloon, at 22 Montgomery street, and from the dancing academy, at 421 Post street. - SHE TOLD ON HER MASTER. Violette Voss’ Revenge Upon the Man Who Cruelly Ili-Treated Her. Judge Conlan has issued two warrants for the arrest of Frank and Violette Foss, charging them with grand larceny. Some time ago this couple enticed Wil liat O’Connell to their lodgings aund there relieved him of his gold watch and chain as well as an English gold pfece. Subsequently the police discovered Vio- lette Foss in a Chinese house of ill repute, where she had been placed by Foss. She rebelled at the mode of life her master |imposed upon her and relate! to the police how she and Foss had victimiged | OConnell. ATTACKS THE LIEN LAW, Supreme Justic: Harrison Ren- ders a Very Important D.c sion. | A Reputed Owner Cannot in Any Way Place the Land of Another in J:opardy. Justice Harrison of the Supreme Court | has handed down decision relative to | the lien law &s applied to real estate that is of great importance, not only localiy, but to all parts of the State. The prin- ciple involved is no doubt applicable to | other matters than the one considered. | Justice Harrison attacks one of the prin- cipal points of the Civil Code bearing | upon liens. His opinion is concurred in by Justices Temple, Henshaw, McFar- land, Garéutte and Van Fleet. The case in question is the Santa Cruz Rock Pave- ment Company, respondents, against Ellen Lyons and others, appellants, and the decision of the Superior Court of San Francisco 1s reversed. Owing to its im- portance the decision is here given in full, The plaintiff secks by this action to enforce & mechanic’s lien on certain resl property in len Lyons, for work done by it in the im. provement of the street in front of sald prop- erty. The defendant Ellen is the wife of her co-defendant, James M. Lyons, and the lund is her separate property. The work done by the plainuiff was performed under & written con- tract entered inio petween it and the defend. | ant James, and after iis completion the ininiff filed a ciaim of tien with the County ecorder. which it now seeks to eniorce | aeainst the property. Sectivn 1191, C. C. P., | provides: Any person who at the request of the reputed owner of any lot 1n an lncorporated clty or 1own grades, #ilis in or others ise Improves the same, or the street or sidewalk in front of or sdjoining th same, OF CODSLIUCLS ANy areas OF vaolts or cellars or rooms under said sidewaik, or makes any i provement in connection iherewith, has A lien | upon such lot for his work done and materiat fur- nished. Much of the argument herein has been di- rected 1o the question whether it appears from the report that the defendant James w the “reputed owner” of the land in questio but in the view taken by us of the furegoing section it is unnecessary to decide this ques- | tion. The owner of real property may by his acts or conduct be estopped from questioning the acts of » reputed owner of such property, and may thereby be bound by the acts of such re- puted owner. But in the bsence of the ele- the unnuthorized acis of one who is merely reputed 10 Le the owner of the land. He can- | ot be deprived of nis title to the land, nor can a lien be imposed thereon against his will | by virtue of any agreement orcontract on the | part of one who is merely reputed 1o be the owner of such land, unless he has in some way held such person out as the Teputed owner with authority to do the {act or make the agreement by which itis sought to create the ifen. Itis no more with- in the constitutional power of the Legislature to authorize the reputed owner of & lut or par- cel of Iand to create a lien thereon sgainst the authorize such repuled owner to trausfer the titie of said land; and we hold, therefore, that 50 far as the foregoing seci.fon of the code PUrpOrts lo authorize the creation of a i upon land by virtue of a contract for the im- provement of the street adjacent thereto, en- tered {nto with one who is only the repited owner of the land, or to affect the interest of the real owner therein, It is unconstitutional. There is no evidence before the court tha the defendsnt Eilen gave to her husband A0y authority to enter into the contract for the improvement of the street, and the find- 1ugs of the court that heentered into said con- tract as her ostensible agent, and in her be- Bbali, is not sustuined oy the oviden ce. The pluintift aiso offered evidence tending to show that the defeudant Ellen knew of the work while it was being performed, and neither made objection thereio nor gave any notice 1o it that'she would not be responsible therefor, and has argued that by reason there- of it is ‘entiiled to enforce the lien. Section 1192, C. C. P., howcver, limits the rignt of lico {n such cases to “svery bui:ding or other improvement mentioned in section 1183 in the code, and section 1191, which aloue pro- vides for a lien upon a lvt_for the work done in improving the street in front o such lot, contains no provision of this nature. Tue judgment and order denying & new trial are reversed. HARRISON, J. Thirty colored men and one colored Wwoman are now practicing lawin Chicago. CASTORIA For Infants and Children, T 7 i, in pawnshops, and yesterday they cap- | San Francisco belonging to the deiendant, | ments of un estoppal he will not be bound by | will of the real owner than it would be to | DID DEATH STALK IN UNBIDDEN? Isaac Hoffman Found Mor- tally Wounded in His Store. THREE BULLETS ENDED HIS LIFE. A Fourth Was Found, and on It Are Built Susp:cions of Murder. NO. MOTIVE OR CLEW YET DISCOVERED. Chief Lees and Detective Whitaker Worked Several Hours With. out Material Result. Isaac Hoffman of the firm of Hoffm Rothehild & Co., manufacturers and wholesalers of clothing, was found in a dying condition last evening at 6:45 o'clock in the private office of the com- pany’s establishment, 11 Battery street. He was crimsoned from head to foot with nis own blood, which was flowing from three bullet wounds in his head. A few yards distant, in an adjoining room, lay a revolver, three of its chambers empty. H. Ferrenbach, a special officer, who found the wounded man, summoned the patrol wagon and Hoffman was removed in haste to the Receiving Hospital, where be died in less than an hour. Drs. Kearney and Hill found that three shots had taken effect and all had been fired from the leit side. One bullet en- tered just below the left temple and ranged upward, grazing the skull. Another was fired into the left cheek and lodged in the mouth, and the third, which provsd fatal, entered the top of the head on the left side and ranged downward through the brain and lodged in the mouth. The heir where the third bullet entered on top of the head was burned and singed, showing that the muzzle of the revolver was held close to the head. The case was apparently one of suicide, but later developments cast a suspicion of murder, and Detective RossWhittaker was detailed by Chief Lees to investigate. He went to the warehouse and found Hoff- man’s hat, which had a bullet-hole through the right brim close to the tem- ple, evidently d from underneath. Whittaker also found the revolver and tiree chambers were empty. This led to a suspicion that four shots wore fired in- stead of three, and that two revolvers were used. Three bullets took effect, but besides these three there is the bullet-hole in the right brim of the hat which is unaccounted for. Besides all the Lbree shots thut took effect were un the left side, leading to the conclusion that the left hand was used. If it was a case of suicide why the left should have been chosen instead of the right is another peculiar feature. Henry B. Harris, manager of the firm, and other employes called at the hospital to view the dead body of their employer. Harris said he was the last one to leave the warehouse—zbout a quarter to 6 o'clock. Hoffman was in the office writ- ing a letter at that time and he appeared in cheerful spirits, as he had been allday, because they had finished making up the | samples for sending out to-day by their travelers. The letter be was writing was found in his pockets when searched at the bospital. 1t was the draft of a letter to his partner, Edward 8. Rothchild, who bas charge or the brancu houss at 564 and 566 Broadway, New York City, and w.s in answer to one from Rothenild about Hoffman going to New York for two or three monthsand Rothchild coming here. Hoffman in the draft wrote that he would leave here about July 3. He had dated the letter June 2. Ferrentach, the special who found the body, told a story which for a time prom- ised some startling revelations, but later its startling features were found to be groundless, and just sufficient fabric of his story stood toincrease the mystery. Ferrenbach was passing the establish- ment about 6 o’clock and saw Hoffman in conversation with his_bookkeeper, Theo- dore Figel. Ferrenbach was ' stand- ing on Bush street, and employ- er and employe turned the cor- ner at Battery street and entered the store, where Hoffman was found dying a short time later. Ferrenbach nightly looks after the security of the big establishment, and as soon as Hoffman and Figel entered tke building he closed the lever on the iron doors in order to prevent a possible intrusion. He then walked around his beat and at 6:45 re- turned 1o the store. He immediately observed that the door lever was not as he had left it, and inves- tigating found thatan attempt had been made to lock it. The lock wassprung, but it failed to proverly catch the lever, and with a little effort the special swung open the deor. He then noticed that the light in one of the rear offices was burning, and he called Mr. Hoffman’s name several times. No answer greeted his cali, but on listen- ing intently be heard some one groaning apparently in one of the rear rooms. Kerreabach then entered the building and hurried to the rear offices. Hoff- mau’s private office was dark, and toe special passed tnrough it without noticing the body of Hoffman, who was prostrate on the floor. He struck a match and re- entered the room, and then saw the body of the merchant. He at once saw that Hoffman was dan- gerously wounded, and as thoughts of burgiars flashed through his mind he drew his revolver and lighting the store lights searched the premises. Failinz to find an intrader, he hurried to the street and blew his whistle. Two officers were quickly on the scene, and in a short time the wounded man was on his way to the hospital. Ferrenbach’s statement that he had seen Figel enter the store with Hoffman aroused the suspicions of Detective Whittaker and he informed Chief Lees of the mystery. The Chief arrived about 9:30 o'ciock and hinding that Figel residea in San Rafael, commun cated with the Sheriff of Marin County and Kigel was found and interviewed over the phone. He explained his object in visiting th store with Hoffman to Chief Lees’ satis. faction, but he was requested to call at police headquarters this morning and as- sist the detectives in unraveling the mys- ery. Chief Lees, so soon as he had disposed of Figel, commenced his investigation and found that Hoffman bad been shot in the room adjoining the onein W .ich he was found unconscious. A great blotch of clotted blood disfig- ured tie carpet near the office safe and NEW TO-DAY —DRY GOODs. LACE CURTAIN DEPARTMENT 2000 PAIRS DIRECT FROM THE LOOMS! Housekeepers and the public gener- ally are informed that we have ju received a very large shipment of FIS NET LACE CURTAINS in the very These Curtains are in latest designs. + H '3 both White and Ecru and were pur- chased by us from one of the largest Nottingham manufacturers under most favorable circumstances. The prices of above Curtains are $1.25, $1.75, $2.00, $2.50, $3.00. $4.00, $4.50 and $5.00 per pair. We have also opened this week our last consignment for this season of Fine Printed Irish Dimities, in the very new- est styles and colorings, Price 25¢ a yard. See our window display. Clornots ORPORA, e, %0 111, 113, 115, 117, 119, 121 POST STREET. the walls and furniture of the room were crimsoned. A glass door leading into a wash and telephone room was covered with blood stains and the hands as if the wounded man bad made an attempt to open the door, and weak- ening from loss of blood had slowiv kneeled to the floor drawing his stained hands down the glass to the woodwork belo: From there great drops of blood could be traced into the room where the wound- ed man was found, which spot was marked | by another pool of blood tue size of the dead man’s body. The walls, furniture and woodwork of both rooms were spattered with blood, and in a third room adjoining bloody handmarks disfigured the walls. Over a desk in_the room in which the | shots were fired a bullet had plowed its way into the plaster. The bit of lead rebounded into a chair, where it was found. ‘The bullet showed n o evidence of blood or having traveled through human flesh and it is believed to be the one which pierced Hoffman's hat brim. Chief Lees, after surveying the prem- ises, questioned closely sll the employes of the piace and took the statement of Miss Lizzie Morrin, who for the past year bad been empioyed by Hoffman as a nurse. Miss Morrin had_been sent to the store about 7 o’clock by Mrs. Hoffman and ar- rived shortly after her employer had been found in & dyine condition. She said she had been sent to ascertain the cause of his absence after his dinner hour had passed. % At the time thé young woman was questioned the theory of suicide had been accepted, and on being asked whether she knew of any cause which could have prompted Hoffman to end his life she stated her employer had been despondent over trouble existing between his mother- in-law, Mrs. Alexander, and himself, but in his immediate household a most happy condition existed. Notwithstanding the young woman’s statement that she called to ascertain the cause of Hoffman’s absence, it is believed she called to carry home some money from bim to Mrs. Hoffman, as the following letter, which was found on Hoffman’s body, would indicate: My Dear Husband: 1f convenient, as to-day should be & gift day with you, pleass present me with $50 or $60, and T shall estocm 15 & great favor. Iam in need of it. Must get a parasol, a hat for every day, underwear, si0ck- ingsand would like to vay some back bills. I will not need anytniug, then, until the holidays, so please, as & favor, wive it to me. | | Freud's Corset House, Lcan’thelp running bills when I only have about $4 a week to clothe myself Even if you could pay me in advance by the month I could make that do. Twish to pay up everything, so please send it with Lizzie, and to couvince you I am felle ing the truih you are privilezedto see the 16 ceipts. Hoping you will comply with my request, 1 am your affectionate wile, DokA H. * Hoffman, his wife and four children boarded at 927 Sutter street, and Manager Harris and the other employes said that they lived happily together. He was & wealthy man, and had no possible motive for commitiing suicide so far as is known, The deceased married the daughter of his former partner, 8. 0. Alexander, and four children are the issue of the mur- riage, the eldest being 9 years of age. “Tuis is no suicide,” said Abe Hoffman, a brother of the Jeceased, last night. *[ have been on the closest terms with my bro her, and he has talked to mea great deal ubout his affairs. Only a few days ago I spent the whole evening with him and he dwelt ai great deal upon certain troubles of his family—che relations with | his wile's family. He has insisted to me for months that he was being watched. ~This trouble, however, was not of a character to weigh upon his mind to any great extent and by no means to canse bim to think of suicide. He was ofa cheerful disposition, and was quite happy in bis home. He loved his home and bis family and was wrapped up in his busi- ness so that I am absolutely certain that he did not commit suicide. “The firm changed about a year ago, following the death of Mr. Alexander. The trouble has followed the change in the firm. “Mrs, Alexander, Mrs. Hoffman’s moth. imprint of | i 1 ehas Joe and the cigar er, resides at the Occidental Hotel. three sons living—Richard. O: Milton. They are engaged in business at San Jose. “T am not at liberty to say to-night just what the trouble was that I refer 1o, but it will ali be unraveled as this affair is proved. Iam sure that mv brother was watched and followed and laid for—he was laid for to-night.”” Harry Hoffman, another brother, is equally convinced that his brother was murdered. He says he saw his brother only a short time before his death and he was in a ckeerful mood. As an evidence that Hoffman had no such thought in his mind as suicide, he s: “My brother was preparing to go Bast in two weeks. My brother Abs is to get married and he, Isaac, remarked that he was sorry that he could not attend the wedding as he was going away.” NEW TO-DAT. Biscuits fragrant, fresh and light, Cakes and pastry “just about right” —are made with Sronky Baking Powder. Don’t forget its compan- ions—Tillmann’s Spices and Flavoring Extracts, 1a Tillmann & Bendel, Mfr3. SPECIAL SALE OF CORSETS 300 DOZEN LADIES BLACK ANI SATEEN PERFECT-FITTING FRENCH MODEL COESEIS, regu ¢ $150, will be closed o 100 DOZEN PERF 3LACK AND DRAB, be closed out at The Ventilating or Summer Corset, new in style, pecfect in shape. Price from SOcC up & anwd s 295 88 S P S FoER T F < 3 s 2 Sirs Sag 2522 £33 $°53 I 2438 ol TS 3 L 2E5 23 e = Ens s LR < oL aZo= goJE S o o S 2s” ZE3 = 5 im o B EER gfq B - z S &9 Mail Orders receive prompt attention. Iilustrated Catsiogue maiied free. Make No Mistake In Our Address, M. FREUD & SON, 742-744 Farket St. and 10-12 Grant Ave,