The San Francisco Call. Newspaper, December 21, 1897, Page 8

8 THE SAN FRANCISCO CALL, TUESDAY, DECEMBER 21, 1897. MUST PAY FOR THE BIG FORGERY Nevada Bank Ordered to Make Up the i Dean Check. | The Decision Gives the Crocker-Woolworth | Co. $21,988. ! It Was Not Responsible for Errors in the Body of 1 the Paper. | SOME FINE LAW POINTS. Status of the Cles ng-House and Its Liability'in Making Payments tined. y O awell, ren- vada Bank ocker-Woolworth f the ry of the k presented by A. vada Bank in De- The amount of the nce be- the original ed cember of ig t iffe th ovodland drew the Woolworth Bank he deposited it and his part- 1, having pre- ,000. and the date 13. k on Decer was also raised to deposited the and on the same Crocker-Wool- h the Clearing next day it was also through the | After 10 A. M. on De- | the Nevada , and that was | n of him until his arrest for ud was the discov < the B ed by k sending Woodland for word in re- :ck had gone out | paid the money, | ocker-Woolworth suit just decided recover the to the Neva- not collect from | land. of the Clearing check found not »d to the member two hours of appe at the use, and the member pr 1 refund to the bank re > amount paid upon the paper. This rule was cited and also the fact that the | an agent for Dean and | nal c the check. | g+his opinion Judge Seawell < of Woo 2 of the ru House is that d shall be re the institution time ner know the and the e money if upon the before not party : of the of the ion that it not be without and mistake on such how- ¥ have unless a. been he other or bound the body Th ting in f checks drawn upon them. presenting a check for pay g an_opportunity uineness of | raw | h pay nothing in uspicion, is ulent operation, from the pe paid. mone: mone one: agent of a notice of tk y it ¢ covered back if before the of > alteration he has paid over the to his principal. was be the theory of 5 the relation which gs up between a bank and its upon the deposit of a check a third pa upon another bank to the order of and indorsed by the depositor where the latter is credi his account with the amc the check, the evi shows that they do not in fa the credit given to the depo: r or their own ownership of the check as absolute. The depositor is not per- mitted as a matter of right to draw the amount of the check before its collection. While bankers sometimes honor such a draft, they do so merely as a matter of favor and be- cause of their confidence in the | , not because they recognize | {stence of an obligation. It is also their custom at any time before the ck is collected to treat the check as the property of the depo: itor by returning it to him upon de- mand. I do not deem it necessary to ex- press any opinion upon the question discusse: counsel whether the in- | dorsement stamped upon the check by the defendant operated as a guar- antee of the genuineness of the body of the check, as well as the prior in- dorsement fhereon. The mere fact | that defendant recelved plaintiff money by mistake and without con- | s 1 is sufficient to render de- fendant liable if plaintiff at the time of payment had no notice that it was the agent of Dean. Regarding the the court holds that the worth Bank had no m the position of the Nevada Bank in the transaction except that it ap- peared to be the owner of the check | 2nd that the check was properly in- | dorsed with the Clearing-house stamp. On this point Judge Seawell said: “In the present case the check was presented for payment by the de- fendant and the money was ;mid to it by the plaintiff. As the defendant appeared to be the holder of the (“w(-k when it was presented and aid, the right of plaintiff to recover Euck the money couid not be affected by any secret relation between the defendant and Dean of which it had no notice.” Several authorities on the subject are quoted by his Honor. The pesition of the Clearing-house is very clearly defined, and the greater part of the opinion is devoted to it. The claim made that the check should question of agency, ocker-Wool- ans of knowing | but lov | for the other twenty-one pla house within two hours after it had passed, and that this time having elapsed the bank presenting it was no further liable, is' thus disposed of: 1 do not think that the rule of the clearing-house _ requiring hecks found ‘‘not good to be r arned within two hours after the clearance at which they were exchanged was intended to apply to_ raised checks. The only purpose for which iring-house was organized ect a more perfect and_ s settlement of the the s presume tion to_abrogate any rules of commercial law or any other effect to a payment made through the clearing-house than to a payment made in the manner pre 1y in vogue. The object of the merely to substitute a for the settlement , instead of 1 hod of paym afts over the coun- A rule which re- bank within the hours to deter- the ger of drawee brief space of two mine at its peril not B of the sign 1ecks fore the ized. Under clearing-hous To su ed to intelligen held that the ce by th amou the sign and the drawer to meet it. In concluding his opinion Judge Sea- well sums up the situation as follows: pason for givin, to the word s genuine :nt funds splied to ring-house the ven to it es cited. only go0d” in the *h the d ge, viz., the drawer and the s It could not have wh 1y - of the e of s account. A NOVELTY IN FOOTBALL. San anciscans are soon to enjoy an innovation in football. The game has been exemplified by college students and athletes time and time again in many hard-fought contests on local gridirons, of the great hospital-recruit- vet had a Chs smininity interpret its i s. Baseball games in which teams of the gentler sex have struggled for su- premacy have been played in plenty, but football is vet to receive its initial pres- entation at their hands. Here is a splendid opportunity, which Colonel T. Peacherino (so called because he is a “good thing”’) Robinson has over- looked, and it has been left to Messrs. Stewart and Seeba to supply the long- felt want. This the gentlemen named ing game have never ce fair | have undertaken to do, and for that pur- | | pose they have secured the Velodrome for a series of games, the first of which will be played next Saturday (Christmas | day). The contending teams wil be the San Francisco Grays and the Oakland Browns, for which event the young ladies have been for the past wek, with every promise of being in excellent trim for the struggle. | Two competent coachers—Welch and Nicholson—have been engaged to instruct | the girls, and they have made such good progress that already the players have learned that hair-pulling is not one of the essential points of the game, while the eminently proper thing to do when any one girl stubs her toe and falls is vers to jump on the prostrate one with both feet. This feature promises to be one of the strong- | round figur | ed | having but little money and real estate in comparison to the value of the estate at the time of his death. The pitulation is as follows: Money VALUED AT OVER SEVEN MILLIONS Inventory and Appraise- ment of C. F. Crocker’s Estate Filed. | Bulk of the Property Repre- sented in Stocks and Bonds. The Value of the Real Estate and Money Left by the Deceased Is Small. An inventory and appraisement of the estate of Charles F. Crocker, who died at his home in San Mateo County a few months ago, was placed on file in Judge Coffe department of the Superior Court yesterday afternoon. The appraisers of the big estate, W. vn, E. F. Gerald and William Mahoney, find it to be worth, in , § 129 28. t wealth is mostly represent- property, the deceased L This vz in pe: (including life insurance), $148,419 99; practicing most assiduously | intended to include matters of which the drawee was absolutely ignorant or which he was not presumed or ex- pected to know or which he would be unable to discover in the brief space of time allowed by the rule, or of which the bank presenting the check had at least equal means of knowl- edge. After 4 o'clock P. M. of De- cember 17, 1895, the payment of the check became comgletc, but not more so than if it had been made over the counter. There is nothing in the rule which intimates that it shall have any greater effect. If a bank which collects a check wishes to avoid any future loss aris- ing from its receipt of the money, it can easily do so by an indorsement upon the check that it is held merely for collection, or by accepting only honest and responsible people as its depositors. feel confident that the construc- tion here given to the rules of the clearing-house is absolutely neces- sary for maintaining the confidence between bankers without which their business cannot be carried on, and is have becn returned from the Clearing- | in accord with the best public policy. stocks and bonds, $6,314,610 55; promis- ry notes, $25,745 24; household furni- menting the sum of their investment. The majority of the holdings, however, are of a very substantial nature. Among the largest holdings are 649 shares of the capital stock of the Southern Pacific Company, which are appraised at $16,226 25, 380 shares of the California Pacific Railroad valued at $3300, 100 shares of the Central Pa- cific Railroad valued at $1000, 250 shares of the Oakland Water Front Company valued at $3000, 527 shares of the Rocky Mountain Coal and Iron Company valued at $26,350, 100 shares of Wells, Fargo & Co. valued at $10,- 500, 15,734 shares of the Market-street Railway Company valued at $734,365, 1286 shares of the capital stock of the Crocker-Woolworth Bank valued at $231,480, 19,999 shares of the capital stock of the Crocker Estate Company appraised at $3,999,800, 221 first mort- gage 6 per cent gold bonds of the Southern Pacific Company of Arizona valued at $209,950, 34 first mortgage 6 per cent gold bonds of the Southern Pacific Company of New Mexico valued at $34,000, 233 first consolidated mortgage 5 per cent gold bonds of the Market-street Railroad Company of California valued at $244,650, 158 first mortgage 6 per cent gold bonds of the Southern Pacific Branch Railway Com- pany of California valued at $162,740, 157 first mortgage 5 per centgold bonds of the Galveston, Harrisburg and San Antonio Railway Company valued at $157,000, and 93 first consolidated mort- gage 5 per cent gold bonds of the Southern Pacific Company of Califor- nia valued at $83,700. The total amount invested in stocks and bonds, which include many thou- sands of dollars not noted above, represents the bulk of the estate. Of the promissory notes held by the tes- tator, one of $20,000, issued by W. F. McNutt and secured by property on Sutter street, near Van Ness avenue, is the largest. Many smaller notes are included in the inventory, and all are appraised at their face value. The real estate held by the deceased was not extensive, but is carefully noted on the inventory. Judge Coffey will consider the appraisement and whether or not it will be allowed to stand or a reap- praisement will be ordered made yet remains to be seen. It was thought est points of the game. Rugby rules, In a modified form calculated to prevent any | fatalities, will govern the contest, but the guarantee that the modifica- 11 in no way mar the exciting features, The teams will be costumed in regula- tion football uniforms, and the members will undoubtedly present a dazzling ap- pearance when they maxke their first ap- pearance and before they have had a | chance to skate through the mud on their S, After that, well, the girls like real football-players. ition of the managers to s in all the larger cities of ate, and after playing them all inst the San Francisco teams in this city to send the latter team out for a es of return games. The second game 1li be played on New Year’s day and | the succeeding ones on Sunday after- noons, until every team in the State has met the local players. For the local and Oakland teams the managers have been ture, $1040 50; 500 ; horses and harness, ilverware at home places, real property in San Francisco, 215,850; real property in San Mateo County, $150,500; real property in Ala- meda, $100; real property in Sacramen- to, 00; real property in Shasta Coun- ty, $3500; real property in Los Angeles County, $ The deceased millionaire, as shown by the appraisement, kept his capital quite well concentrated in general lines ot investment, but scattered it consid- erably in particular investments. Many of the smaller specuiations, from the nature of the holdings, appear to have been entered into by the million- aire as a matter of wsentiment more than business, perhaps to aid some struggling organizer of a corporation who lived in the shadow of a number of air castles and hoped to some day receive the thanks of those who assist- ed him by reason of his ability, aug- fortunate in securing an exceedingly healthy lot of girls. Every applicant for positions on either team is entirely free from heart, lung or other organic trouble | and in every way qualified to undergo the violent exercise. Moreover, the great- est care was exercised in acepting none but girls of irreproachable character. The captains of the teams have not been selected yet, but will be in a day | or two, nor have the players been as signed to their regular positions, but the girls who will participate in the Christ- mas day game are as follows: San Francisco Grays—Rosa Ahstron, Adele Brouquette, Lottie Cornell, Lillian Livingston, Maud Collins, Stella’ Foster, Dollie Gerbeau, Maud Eagleson, Da Eagleson, Lillian Merrill, i‘lor& McAl- lister. Oakland Browns — Minnie 1entrof, Clara Roxburgh, Clyde Sawyer, Nora Smith, Freydis Schroder, Louise Hart, Jennle Broks, Lottie Brooks, Emily Hart, Viola Williams, Jeanette Halbertson. by many that the estate left by Colonel Crocker exceeded in value the sum of the appraisement, but the Appraisers worked steadily for several ‘weeks, and believe the entire value of the es- tate is noted. — Christmas News Letter Surpasses all. See it. Buy it. ——— Last Will of Liab Livingston. The last will of Liab Livingston, who died on the 12th of last July, was filed for probate yesterday. The estate of the deceased, which consists of real and per- sonal property in this city, the value of which is unknown, is bequeathed to the widow of the deceased, Lina Lt Who resided In this city. T T Eoom SETTLERS WIN THEIR ROOF TREES Monterey Bay Lands Are Awarded to Homesteaders. Local Land Registers De- cide Against Capi- talist Jacks. He Could Not Acquire Colony Lands at Tax Sale for a Song. POOR PEOPLE PROTECTED. Every Man’s Home a Castle in Spite of Speculators’ Titles and Tech- nical Laws. A fight that began in the United States Land Office many decades ago was decided yesterday by Registers Hackett and Dunn of the local office. It was the celebrated case of David | Jacks, the Monterey capitalist and | land owner, against Daniel Beland and about a dozen other settlers. By this decision the rights of more than sixty | men, women and children were de- clared in such a way as to make their | roof trees secure for the remainder of their days. The contest has been on | for nearly half a century. The suit abounded in technicalities, being replete with knotty problems, wherein old doctrines from the time of the famous Year Books to date were | appealed to by counsel for the liti- gants. M. D. Hyde represented the settlers. The points decided are of in- | terest to settlers throughout the State. | Directly and indirectly the suit de- | cided by the Registers has been on | ever since 1858. The area of the ter- ritory in dispute exceeds 800 acres, on | which some sixty colonists have lived for about fifteen years. During this time they have cleared the forests, tilled the soil and built their homes. All this was done under the belief that they were complying with the land laws of the country, and that their ti- tle would be beyond dispute. But it transpired that David Jacks, during all these years, was building his title from other sourc In 1855 he and one Ashley bought | nearly thirty thousand acres from the city of Monterey, receiving a tax title. Under this title they finally got a United States patent, covering a vast area adjacent to the bay. Jacks first began his claim for the | land of the settlers in the Department | of the Interior, but he lost. He then pursued the settlers before the Regis- ters and Receivers of the Land Of- fice here, and will undoubtedly carry the contest to the Commissioner of the General Land Office. His claim is that he supposed his patent covered the lands in question as well as the other | 29,000 acres which he obtained for the petty sum of a thousand dollars. | The Commissioner have held that Jacks could not claim any more land than his grantor had. In this case the grantor was the city of Monterey. | As the city did not own the land its srantee was precluded from setting | up any claim thereto. | Gold-Mounted Pitcehrs and Vases. We received yesterday an elegant line | of gold-mounted pitchers and vases. | These will be opened up and placed on | with our fine lamps and onyx ta- second_floor to-da Sanborn, 741 Market street. Open even- e Welburn May Be Indicted. The United States Grand Jury will meet to-day, and it is expected that it will report on several matters which have engaged their attention for several It is believed that an in- be found against ex-Col- Wel- t weeks past. dictment will lector of Internal Reve burn. Mr. Welburn h: from the city for son says that he O. M. S not gone aw: ton a few days ago. ———— Set for a Trial. The case of the United States of America_against George H. Platt and Monroe Salisbury to recover $99,55 20, al- leged to have been overpaid them by the Government for carrying the United States mail between Hozeman and Tongue River, in Montana, has been set for trial in the United States Circuit Court for January 2, 1598. NEW TO-DAY. THE BLACK 600D HOUSE. CHRISTMAS SPECIALTIES BLACK DRESS SKIRTS— Elegantly made and of fine all Wool materials, at $5.00 Each. BLACK DRESS SKIRTS— In twenty varieties of material, in fine Priestly Novelties, $7.50 to $20.00 BLACK SILK DRESS SKIRTS— In superb qualities and in select designs, from $7.50 to $20.00 Each. Tailor Suits, to order, $20.00 to $50.00 ish Made Suits, to order, Bytak e $15.00 to $40.00 ——OUR STOCK OF— BLACK MATERIAL The Most Complete in San Francisco. 1106 MARKET ST., Near Turk and Mason. The fac-simile signature of is on every wrapper _of CASTORIA. . 0000000:; BE CAREFUL. Be careful of your manners, they in- dicate your breeding. Be careful of your thoughts, for they form your life. Be careful of your actions, for they reveal your character. Be careful of your associates; you are judged by the company you keep. Be careful of your health; it is a blessing that can never be too highly valued; it is simply priceless. Be careful of the first signs of cough, cold, or weakne: they are the fore- runners of disease. Be careful in what way you counter- act a cough or a cold, and remember there is nothing which does it so well as a pure stimulant. Be careful that you secure the right stimulant and bear in mind that the best authorities agree that nothing equals a pure whiskey. Be careful that you secure the pur- est and the b and remember that doctors and scientists agree that no whiskey equals Duffy’s Pure Malt. Be careful that you take this great preparation promptly, and in a sy NEW TO-DAY. pra - ST &DRIDGE PERT ESTATERC iy o GNERML AU T o 4 JOFEICER SpLESROOM, & ] 8 /PRI TST " Sk | Last _Aucion! TURKISH RUGS! TO-DAY. TUESDAY - - - - - - DECEMBER 21 - =2 O’CLOCK - - tematic manner. Remember that “a stitch in time saves nine,” and that your health and happiness may de- pend upon it. Be careful that you are not persuad- ed to take something else which may | be called “just as good” by your drug- | gist or grocer. Insist upon having | Duffy’s Pure Malt, which is the only pure, medicinal whiskey in the mar- ket. [2000000CIOICEO00000C0000000C] OPEN EVENINGS AFTER DEC. 11 BEAUTIFUL HOLIDAY GOODS S. & 6. GUMP ART STORE, 113 GEARY STREET. Ol>0000O0:; 00000000000 ® ® S | 8 3 S ® 5000000000000 00IIcC000COOK) % wELA FOR @YOU AJAX TABLETS POSITIVELY CURE LL Nervous Diseases—Failing Mam: ory, Impotency, Sleeplessness, etc., by uAblllQ D,!_holhll' xkcflil' 3 cretions;. They guickiy Fostore Leet Viality in o1d o soung. ani | it 8 man for study, business or mariage. LA Prevent, Insanity’ and Consumption if en in time. Their use shows immediate improve- ment and effocts & CURE where all other fail . In- sist upon having the genuine Ajax Tablets. Thoy have cured thousands and willcars you. Wo give & poo. itive written guarantee to effect a cure é in each case or refund the money. Price or six pkges (full trestment) for $2.60. By mal. in plain T s ot ppes Girealex froe: B0 Dearbers S JAX REMEDY CO., *2rariers For sale in San Franeisco by Leipnitz & Co., Satter street, and No-Percentpge Pharmacy, SMirker Stroct. B DR. HALL’S REINVIGORATOR | Five hundred reward for any cas: we cannot cul ‘This ret remedy stops all lo: Emissions, Sonorrhoea, Glee Lost Manhood and all wasting ef- fectsof self-abuseor exce: . S sealed, $2 per bottle; three bott , guaranteed to cure. Address HALL'S M ICAL INSTITUTE, Broadway, §5: . All Send for free Cal. Also for sale at 1 Market private diseases quickly cured. book. NESS & HEAD NOISES CURED | tnstantly.Our INVISIBLE TUBE Cushions help when all else fails, as glasses heip eyes. Y hispersheard nat FREE 1 for Book and Proofs ercentage Pharmacy, lesale: Mack & Co., Langley & | Michaels, Coffin, Redington & Co. D 5 WORKS SAN ERANCISCO JUINCOLNTCA LY IVALLEJC, CAL: | feet west of | ticu At 280-282 SUTTER ST. Grand Closing-Out 0t the Famous Collection of The Turkish Rug Co. Positively the LAST DAY. EASTON, ELDRIDGE & CO., Auctioneers. ‘,43 m,fl fl priTEL co on i R ANESU AT e | At Auction! THIS DAY. Taesda Ko . .December 21, 1897 At 12 O’Clock Noon. At Our Salesroom, 638 Market Street. Opposite Palace Hotel, San Francisco. MISSION BUSINESS LOTS. Valencia and Eighteenth streets. To be sold as a whole, or subdivided. West line of cia street, 55 feet north of Eighteenth. t 0 feet. North side of h street, 100 feet west of Valencia. Lot 35:6x105 feet. MISSION WARM BELT RESIDENCE. South line (No. Twentieth street, 125 Guerrero; two-story house of 7 rooms and bath: this is a beautiful Mission home in fine condition. Lot 30x114 feet. REFEREE SALE. Southwest side Ritch st., 206:3 feet northwest of Townsend st.—One- house on Ritch st. and three-story house on Clyde street. Lot xS0 feet. GREEN-STREET LOT. South line Green st., 175 feet west of Plerce —Grand marice view. Lot 25x100 feet. DOLORES-STREET LOT. ine Dolores, 1 et south of Twenty- —Level and ready for building. Lot East 1 fourth BEALE-_S REET LOT. THREE BUILDING LOTS, uth side of Gr 1 OAK-Si‘fiE LOT. ide O west of Fill- Lot 2%x © building. all at office for Catalogue giving full par- EASTON, ELDRIDGE & CO., Office and Salesroom: Market street. (Opposite Palace Hotel.) visit DR, JORDAN’S Groae Museum of Anatomy 1051 XARKET ST. tet. 6th & 7th, 8. F. Cal. The Largestof its kind in the World. DR. JORDAN—Private Diseases. Consultaiton free. Write for Book Philesophy of Marriage. MAILED FREE. a8l i BE IN EVERY HOUSEHOLD. NEw YorRK CONDENSED ¢S5 (GAIL BORDEN ) EAGLE BRAND CONDENSED MiLK. OUR ILLUSTRATED PAMPHLET ENTITLED “BABIES” SHOULD SENT ON APPLICATION., Mitx CO. New Yorsk, ‘been using them for about two months at a effective that I should not dream of being to cat very sparingly at all times. A well-known notary public of Philadelphia says of Ripans Tabules: *Yhave rate of two per day and find them so very without them even for a day. Had been troubled with indigestion for over four years to such an extont that I was compelied 1 now partake of all kinds of food indiscriminately and immediately thereafter swallow a Tabule. Have given a number of Tabules to friends troubled as I was and have heard nothing but praise for them in consoquence. WALl say, finally, that I have an sunt who has been a dyspeptic for fiftcen years. Of late she had been unable to est even the smallest kind of a meal with any degree of comfort. She had tried numberless remedies (some of which I Mproclmedfuhu) without obtaining relief. Sloepless nights and miscrable days were all she had to look forward to. Ripans Tabyles made a new woman of her (not a bloomer girl or ‘woman's rights advocate, but in a physical sense). She never tires of thanking Dr. Sam (as she now dubs me) for her present relief from distress and her ability to sleep.” 165 18 now for salo at gome Anet ket P et e e Pookes conmuing 9 Xurwe fouias in & papes arton (without las economical. " Ono dozew ““"—': S o tmd el by s et ot th Bt Giniala.