The San Francisco Call. Newspaper, December 10, 1899, Page 13

THE SAN FRAI\‘CISC(; CALL, SUNDAY, DECEMBER 10. 1899 HEIRS TO OVER TWENTY MILLIONS AWAIT JUDGMENT Supreme Court Work- ing on Trust Wills. EARLY DECISION IS EXPECTED ——— FAIR, SUTRO AND WILLEY ALL TIED THEIR ESTATES. Slack coacentrated his attack on tnat provision of the deed providing for the | care of the grave. This trust 1ot being One for a charity and in direct terms te- Ing made a perpetual trust, counsel held this fact rendered it invalid. A perpetual trust for other than a charitable purpose has been adjudged invalid, and ca aside the objections to the primary trust In the dead of trust it is urged that Wil- ley’s effort to keep his grave forever green has defeated the purpose of the entire deed, for with the grave provision the en- tire scheme must fall. Aside from the legal Interest nvolved {in these three wiils the heirs to over §26.- 000,000 are anxiously awaiting the out- | come. and as the Supreme Court is now working «n the decisions the days of sus- pense will soon be past. |DR. WOODS SUED BY HIS SON-IN-LAW ‘j Makes Charges of .;lienntion of Af- fection and Breach of Con- tract. 5 4 ! —_— KANSAS CITY, Dec. 8.—A suit that will . . | cause a stir in Kansas City’s soctal cir- Vhether or not the dead hand of James | cl, was filed here to-nigh Dr. W G. Fair 1 des to come shall be per- | Woods, president of the National Bank - t ct the of the millions | « ymmerce, is sued for $110,000 damages behing hether or not the will of | by his son-in-law, Arthur Grissom, well | + P. Willey, Jong in hix grave, will | known as a writer of verse and story for | t « nd the woman | American \magazines. The complaint | son during his last | charges Dr. Woods with having alienated W, from | the affections of his daughter, Mrs. Gris- esgpii som. from her husband, and on this T or hOt | ground #1600 d is sought. M * Adolph | Grissom & e living d | $10,000 fo s they should be ing happily mily, will be de- e. N. J., he gave | e Sorsgpidhd to change his T this § w they e Americanism e and unre- 1S expone of ' s . bal- i n the ? rious the come to ¢ While our prices mayf ¢not suit our competitors—# #the large amount of tradef ¢we have gained in a short ¢time — proves the popu-' ¢larity of our money saving ¢plan. ¢Royal Baking Powder ¢ pound can 380 :Libh}-'s Baked Beans : Siwayeready. pound can 5c ' Always ready. g New Tomatoes...4 cans 2.’)c‘ pound 10c¢ Regular g5c Co'umbus brand—extra standard '.\'ew Walnuts ' Soft rhell. White, sweet meat. ¢Japan Table Rice pound 4cf #Rice Pop Corn 6 pounds 25¢ @ 1teasure pop guaranteed. #Baltimore Oysters I 3 cans 25c| #Preserved China Ginger Fancy preen jar Very ornamental jar 15:‘ 'Patent Roller Flour ¢ Good whue 50-1b sack 7hcl flour. ¢ Regular Ssc. #New Norweigen Herring ' e each Sef #LIGUOR SPECIALS: ' Delivered from Oakland and sen Francisco. 'Rcisling or Sauterne 0 Livemor ey, gallon 43¢ ¢ Samples free in the store. #Port and Sherry Wine B T etss vine. gallon 60 ' vard, Fresno, Regular $1.00. Well known throughout the state. 'Hcrmitnge Whiskey ¢ ‘1890"—bottle Gic! ' D stillery bottiing —full 300 3 ¢ Bourbou or Rye. Ragular §.25. ¢St JulienClaret gllon 35c 1564 vint lar 6oc. . Mild, pleasing . at the earnest | father-in-law and mise to allow him s the father-in- | Grissom sets forth has never been paid. | issom were married in 1, 186 | Mr. and M New York on ARRON WOLFSORN Chicago Claimant Gen- | erally Discradited. Dec. 9.—After many investigation the fact established that the man as Arthur or Aaron Wolfsohn, gistered as Richter when he took n this city last July, is the Wolf- in life was the traveling repre- a Philadelphia jewelry firm, and that the alleged Wolfsohn who is live and the real man of that | ricago s not’ for one moment | | Public » Wolfsohn olfsohn appears in the flesh and estab- lishes his identity more clearly than by affidavits e insurance company sted than most crs and has full investigation. The chain of stablished is so convincing that Jones has informed the e regarding his conclusions. is centered T is more deeply d Wolf- nd make a tting he name A CHECK INTERVENTION | NEW YORK, Dec. 8.—A Sun cable from | says a couple of weeks ago It was that Chief Justice Gregorow- | | ski and other civil officers of the Trans- vaal had arrived at Lourenzo Marquez | from Pretoria, en route to Cape Town,and suggested the mission was to sue for | peace at the feet of Queen Victoria's high commissi £ the war was then| young and the rs had matters their | own way, it seemed strange that Kruger | would s0 soon assume the role of suppli- ant, but it now appears the mission was | not bound to Cape Town, but Europe. ; propose to visit every European | apital with the object of interesting the | powers in the cause of the South African republics, and will reach Paris the end of next week. Judging by the aroused temper of this country and the known views of a major of the Government t may safely be asserted the mission is foredoomed fallure, whether or no any power is so foolish as to interfere There 1s, however undant evidence to show that the British Government will not be taken by surprise if France should endeavor to lend the Boers diplomatic help and that such mediation would be politiely but decisively declined. In view of what might happen, the Brit- ish Government has been quietly making a variety of preparations, some of which are known all over the world. because they could not be concealed, such as con- centration of the Mediterranean and | channel fleets and the commissioning of small spectal service squadron. There | re other preparations of which the pa- | triotic newspapers have made little men- tion and which have had no prominence by spec request of the Government. Altogether, there Is warrant for the state- ment that If any Eurgpean power should attempt to interfere England would re- | spond by mobilizing the entire fleet and | calling out the volunteer forces, naval and military. GENERAL GATACRE { REPORTED CUT OFF NEW YORK, Dec. —A World spectal | from Vienna says: The Deutsche Zeftung | prints to-day the following cable dispatch, | dated Queenstown, and coming from a | { Boer source It seems to have escaped the notice of the British censors: “The insurgent Afrikanders are march- | ing on Queenstown from both sides. Gen- | eral Gatacre (the British commander) is | expecting reinforcements from Griqua- | land East and Basutoland, but owing to | | the spreading Insurrection he is totally | cut off and isolated.” | e R PRISONERS AT BLOEMFONTEIN. LONDON, Dec. %—The War Office has | received the following dispatch from Gen- eral Forester-Walker, the British com- | mander at Cepe Town: “The Free State Govermment reports | that there are thirty-five prisoners at | Bloemfontein, including Lieutenant Tris- | tam of the Twelfth Lancers, who is se- | verely wounded. | — — 'RECEPTION PREPARED FOR FATHER YORKE LOS ANGELES, Dec. 9.—Rev. Father | Yorke of San Francisco will arrive in Los | Angeles to-morrow morning. He will be | met by a delegation of one hundred lead- ing members of the various Catholic churches. An escort of 100 from the Los Angeles Catholic churches will be provided. The object of Father Yorke's coming is to as- sist in the dedication of the new Pasadena | | Catholic Church, capable of seating 700 rsons, costing $15.000, of which Father Ff F. Farrelly will be pastor. Dedicato: services will Include a pontifical m'K mass celebrated by the Right Rev. Bishop Montgomery, and an address by Father Yorke. The following will assist In the | | | From lasi for fear | s HLMESTOLEAD AL AMEDA : COUNTY MORE STMPHOI CONCERTS SO0 Will Be Engaged by Old Society. FRITZ SCHEEL REPORTED SICK SUFFERING FROM PNEUMONIA IN PHILADELPHIA. The symphony concert given under the direction of Henry Holmes was so suc- cessful that it will result in a series of symphony concerts under thg auspices of the San Francisco Symphony Society. The directors have been approached in the matter and have expressed their satis- faction regarding the ability of Mr. Holmes, and within a few days a meeting | will be called whereat the question of the engagement of a new leader will be-fully discussed. Judging from the expressions of the most prominent members of the board of directors, there is not the slight- est doubt that Mr. Holmes will be elected, nd thus San Franciscans may Took for- ward to another series of symphony con- certs. While the concert was an artistic suc- cess, if one may judge from the applause of the immense audience, the grouping of the Instruments was unsatisfactory. The violas were stretched out in one line be- hind the cel which prevented a solid tone mass from this group. Such arrange- ment may be all right when a shell is slaced over the orchestra, but upon an open stage it is certainly detrimental. . . Another piece of interesting musical news, which will at the same time be greeted with sorrow by y admirers the fact that Fritz Scheel, former symphony leader, is danger- sly {ll with pneumonia at his residence, Girard avenue, Philadelphia. His daugh- ter arrived from Vienna at a most oppor- tune time, and is now taking care of him. of genius, the proving. i The regular concert of the Century Club which took place at Century Hail last Wednesday afternoon was particular- ly Interesting. Miss Meta Asher, a very clever pianiste, who played here in con- cert with much success, won once more the approval of her audience; and Samuel nnah_delighted his listeners with his exceedingly artistic violin solos. Miss Alma Berglund sang with her refinement of execution and Miss Bessie Wall played the accompaniments with much taste. Sl S I have just received a Glacomo Minkowsky, the hoser, whose work, “The Smugglers of 3adayez,” proved such a tremendous suc- cess East that he Is at work on another letter from | great opera, to which Dunham Curtls, the “astern critic and author, has written the libretto a comic opera like his first work. Sev- eral extracts from *“The Smugglers of Bad " which came to hand lately ez show a melodious and effective style. PR The third concert of the Minetti Quartet | will take place next Friday afternoon at Sherman & Clay Hall. The most promi- nent_number on the programme will be the Mendelssohn string quartet in E flat major, its magnificent canzonetta, with Goldmark’s plano quintet in B Hermann Genss will s mwihe The local musical cult is now talking about the appearance of Viadimir de Pachmann at the California Theater on December 26, 28 and 2 He made a tre- mendous hit since the commencement of his American tour and all the critics are enthusiastic about his flawless and char- acteristic _exposition of the works of Chopin. His concert will be one of the sensational musical events of the season. ALFRED METZGER. \FERRIS HARTMAN HIGHLY HONORED N audience that almost burst the N tude and then by its enthusiasm, accounts he Is somewhat im- | young com- | It will be a romantic opera, not | famous because of its poetic | be the | | ford, Rebeka Avery, Maybelle C. i | Ellen Wilson and Geneva Shaw Kemble | were recommended to the State Board for Tivoll asunder, first by its magni- | gathered last night at the second | coming of Ferris Hartman, and welcomed him back to the scene of his former tri- umphs. We have clustered on eminences, we have illuminated, sky-rocketed and brass-banded in honor of our returning soldlers; we have zipped and boomed and ah-ed and ra-ra-rah-ed for our football- ers; we have bravo-ed and brava-ed and bravi-ed for the operatic asterism so lately gone before: but the combined clamor of these hysterical hours of durs |t were paltry compared with the ebullient ovation accorded to our own “Teddy."” Of course he made a speech—there was no denying the demand. And the wonder of it is that he got through it as he did, for there was a genulne gulp with every sentence. This is what he said: “Ladle aud Gentlemen—l mean Boys and Girls (gulp): I—I've been East—In the effete East. I asked ‘Tommy’ Leary what effete East meant and he said it meant ‘you're lucky.! But I want 1o say they treated me well. Yes, they treated me. I had to treat three or four times first, but—they treated—eventually. That story about my being destitute is a mistake. I was never destitute. If had been I would e let_ you know in a most touci- ing manner. When I read, I read that article about me. | was—paralyzed. Then 1 went around the corner and got good and paralyzed.” And then he thanked everyhody neatly and tidily with a “God bless You all ‘or the best friends I have in the world ™" Hartman is not only at home In San Francisco, but he is at home in “The Tar he Tartar.” It used once to be a pet rsion of mine to see him In the role f Muley, which is the biggest sort of a art and boisterously humorous from the first entrance to the last exit. Hartman's work 1s absolutely artistic, despite the low order of the comedy. He takes ad- vantage of every opportunity given him by the book and makes others for him- self. ‘He is working all the time and suc- | ceeds in being funny most of it. He is neither tiresome nor silly, but conscien- tious and good-natured. But it is needless to hand him any more bouquets, for he was deluged with flowers on the stage. ““The Tar and the Tartar” is a rattiin comic opera, with a clever libretto an music of positively remarkable merit. The orchestration is 80 superior to that of other operas of this type as to be in a class by itself. The costuming is exceed- ingly picturesque, and between the bri llance of color on the stage and the bril- liance of the music In the air the parts of the opera that might be slow de not drag for a moment. 'he company does well, even Schuster, with his smoke-colored volce, acting with spirit. Annle Myers is | another revenante (I can’t think of an ap- | propriate English word), and if I pass her over now with only a remembrance it is a of P | with the intention of giving her her due another time. PORTER GARNETT. B s Steeplechase. If the weather holds fair “crowded” is the only word that will describe Central Park to-day. This unique pleasure resort is always thronged on Sunday. An elab- orate bill is to be }r:rmnted. Professor Hill, the ludicrous high wire performe! the razzle-dazzle, mechanical bands, b cycle circus and aerial trolley are a few of the leading features. An extra list of handsome presents has been prepared for the winners of the n('eeplechlle. . . California. . “The Sporting Duchess” as produced at the California Theater by the Frawley Company was such a success and there were S0 many reo le in the city who were unable to see it that it has been decided | held, Mrs. Stewart | d | many who were around the grave who | Auditor Will Pass Those Pronounced | from Judge Murasky's court | morning. The Auditor will now' to give a magnificent revival next Thurs- day, Friday and Saturda Ig! and at the Saturday matinee. e m-eu derby race, the regimental ball, e auction sale at Tattersall's and ni t] - ing feencs Will be reproduced withthe vih & W, thass: Arch Priest Harnet, Fathers Lynn, | same fidelity that marked i #1096 Broadway, Liebana McCarthy of Fresno, Mci duction and all of the m‘rfi:n::“" be reesases | and Molony. |10 the cast. | Anna Silva, another daughter, and her | bilitated ~and 13 NEWS. CHILOREN GO T0 LAW OVER A GIFT DEED Heirs Want the Instru- ment Set Aside. Oskland Office S8an Francisco Call, %8 Broadway, Dec. 9. Another sensational suit over property rights between the children of the late Mrs. Loulsa Bauerle of Alameda was filed to-day, charges of menace, threats | !GW&!&@QWWWMQOMWMWW and undue influence being preferred against Adolph H. Bauerle, one of the children. The plaintiffs in the action are Louisa and August. Fromm, daughter and son- in-law of the late Mrs. Bauerle. Mrs. husband are made codefendants with Bauerle. The dispute is over. fourteen and a half acres of land in Brooklyn Township ad- Jacent to the tidal canal. Mrs. Bauerle, the mother, died in August of this year, but on Ja ry 11 preceding, so the com- plaint states, she vx«rulea a gift deed of tbe property mentioned to her son Adolph. It is declared by the plaintiffs that at the time of executing this deed Mrs. | Bauerle was of unsound mind, weak, d incompetent to execute a deed. Tt is further alleged that Bauerle compelied his mother to sign the instru- men by menace and threats of “declar- ing to the world that she had not been & woman of good character. More than this, it is alleged that be- cause he was with her every day the »fendant entirely dominated Mrs. Bauerle, and thus was able to exercise undue ‘nftuence. The complaint concludes by asking that the deed in question be canceled, and that such other reltef as may be necessary be given the plaintiffs. Srook & Church are associated with John D. Whaley in be- half of the Fromms. TROUBLE IN THE PRESBYTERIAN CHOIR OAKLAND, Dec. 9.—Ben Clark, who has been the choir leader of the First Presby- terlan Church for thirteen years, has re- signed and will leave the church on Janu- ary 1. Clement Rowlands bas been selected as his successor, There has been a little friction in the choir between Mr. Clark and Mrs. Carrie | Brown-Dexter, the leading soprano. Mr. Clark desired the addition of a young lad; fo the choir and Mrs. Dexter objected, Somebody is reported to have said some- thing about “knockers,” and then Mrs, Dexter and Mr. Rowlands resigned. The breach became so wide that one fac- tion or the other had to retire, and Mr. Clark was finally worsted in the contest. The parties concerned refuse to make any statements whatever, but Mr. Clark | wiil retire Januar; —_——— Teachers Granted Certificates. OAKLAND, Dec, 8.—The County Board of Education met this morning, the new appointee, Charles L. Ingler, taking hLis seat. The following is a 1ist of those who were granted kindergarten and training school certificates: May Emma Rust, Harriet B. Griswold, Anna Jones, Isabella Kirk, Alice M. Bell, Edith Foulds Craw- hams, Nettie Morgan, Lucy Wilcox, Elia Wilcox and M. E. Carrie. The following were granted renewals: Mary B. Clayes, Rose M. Dobbins, High School certificates; Mary E. Walcott, Ida Vanderg;: Roeth, Nettie Anway Paget, Laura Ivory Wood, C. T. Guiick and Leda Coddington, grammar grade certificates; A. L. Fuller, Ortena Phillips, H. Vandergan and Nellie I Boston, pri- mary certificates. B. Lamare was grant- ed a special certificate to teach French. Annie J. Hopkins, Alice V. Baxley, M. grammar grade life diplomas. Emilie Jehle and Lillian Sparks were granted grammar grade certificates. Julian de Lecuona was granted a spe- cial certificate to teach Spanish. The board then adjourned until Decem- ber 16. —_————— Sullivan’s Trial Proceeds. OAKLAND, Dec, 9.—No little interest Is manifested In the trial of C. C. Sullivan, the alleged accomplice of Burglar Bert Timore, who was killed in Alameda by Chief Conrad. It is the evident Intenion of the District Attorney to place the ac- cused’s entire criminal record before the | Juri"‘. since J. E. Baker, general overseer of Folsom prison, is one of the witnesses for the prosecution. No new or unusual facts were brought out during the trial -day before Judge Hall. Jeweler A. O. Gott identified several articles taken from his store. MARKED BY SIMPLICITY. Poland of the Degree of Honor, A.0.U. W. Simplicity marked the service held yes- terday at the funeral of the late Kate M. Poland, who at the time cf her death was the grand recorder of the Degree ot § Honor, Ancient Order of United Work- men. The service was held in St. Peter's Church on Alabama street, near Twenty- fourth, the mass being celebrated by Rev. Father William Lyons. On the casket lay a large wreath of vy, emblematic of the lodge of that name in Oakland, of which Mrs. Poland was a member; also a pall of violets and beautiful roses. The music was Giorza's mass, rendered by Miss Des- | mond, Miss A. Roney and Herr Carl | Schwertfeger. As the remains wera being removed from the church to the hearse by the pallbearers—Willlam H. Barnes, past grand master workman; Edwin Dan- forth, deputy grand master workma H. Camp, assistant grand recorder of the A. 0. U.W.; W. Cogan of Ivy Lodge; Sam | Booth, grand receiver, and Walter Mal- loy, special deputy grand master—Miss Desmond, soprano, rendered “Nearor, My God, to Thee." The church was filled with friends, who were sincere mourners. The remains wers conveyed to the Masonic Cemetery, whore services of the Degree of Honor were and Mrs. Evelyn Mayon, both past grand ladies of honor, officiating. Past Grand Master Barnes delivered a eulogy, which was a most elo- uent tribute to the good deeds of the eceased lady and to her memory, and while he spoke there was not one of tha was not moved to tears, —_————— HEALTH OFFICE CLAIMS, Valid by Superior Court. The remittitur in the case of Health Inspector John N. Colter, who sued to compel Auditor Wells to sign the demands of some twenty health officials who were emj&luyod under a former decision of Judge Hunt, was received by the Auditor yesterday sign the demands, notwithstanding the opposition of Mayor Phelan and City Attorney Lane, wHo thought that the case suould be ap- pealed to the Supreme Court. Mr. Wells considers that since there are two Supe- rior Court decisions in favor of the em- ployes, who all performed the labor for which’ they presented demands, that it gives him sufficient authority ' to them. He thinks that the city has n put to enough exsenle already i’n the mat- ter, and the added expense of c: ing the case to a higher court would be finter than the sum total of the claims. is, too, with the extreme probability of a decision sustaining the lower courts, ——e——— Close of the Triduum. ‘The triduum in honor of the Immaculate Conception of the Blessed Virgin, now being held in St. Francis Church, Vallejo street, will cl at 3 o'clock to-morrow afternoon, e closing devotions will consist of a reception of new members into the Sodality of the Children of Mary and an. address and benediction with the blessed sacrament, DEATH RESULTED FROM A SCRATCH.| JUNIOR'S FARCE AKLAND, Dec. 9—E. M. Lay- mance, the father of M. J. and > J. Walter Laymance, died this morning from lockjaw, after suffering for some days. The cause of the lockjaw was a very slight wound on a finger of his left hand, Incurred while cutting some wood. It was only a scratch, but must have been infected with rust or some poison, for lockjaw resulted and in spite of every effort he died this morning. That death should have resulted from so slight a wound is a remark- able feature In this case. For two days the scratch did not cause any inconvenience and was treated merely as an ordinary scratch. Then pain began and one week ago yesterday lockjaw set in. Electrical treatment was applied, but without avalil. Mr. Laymance was nearly 70 years of age and a native of Tennessee. He was a prominent business man in Georgia for years'and came to Oak- land in 1891 to join his sons, who have lived here for nearly twenty years. He leaves a widow and four sons, M. J. Laymance, J. Walter Laymance, Willlam J. Laymance and Ernest E. Laymance, and one daughter. The sons have always taken a prominent part in Oakland Democratic politics and In the real estate business in ¢his city and San Francisco. OF0OPFECELS OIG DD SOINOU S0V OIOIDELS HE0D GEDII0 4TIEe SIMPSON ASKS AN ACCOUNTING OF NUSBAUMER Says Money Is Due on a Settlement. e Osakland Office San Francisco Call, %08 Broadway, Dec. 9. R. F. Simpson to-day filed a suit against Emil Nusbaumer demanding an account- ing frcm Nusbaumer in a settlement made by Nusbaumer with the late Joseph Mac- donough for Simpson, who was the con- tractor for the Albany Hotel, which Mac- donough was building. The amount claimed is not specified in the complaint, but a demand for an accounting is made, and it is claimed outside of the complaint that anywhere between $2500 and $4500 is Gue Simpson. Simpson was the contractor for the Al- bany Hotel, Joseph Macdonough, since dead, being the owner of the property. The affairs of the proprietor, contractor, sub-contractors and material men became very much tangled and mechanic’s liens to a very large amount were flled against the building, and Simpson found that he could get no money from Macdonough. He employed Moore & Martin and began suit against Macdonough and all of those who had filed liens against the bu\ldlns in order to protect himself. But he found in Macdonough a man who was willing and anxious to fight, and the suits became more and more complicated. At last Emil Nusbaumer was taken into the case with the consent of Moore & Martin and he was given the work of settiing up all claims and untangling the affairs. This Nusbaumer did, and Simpson recelved, as he says in his complaint, $1116 50 as his balance after clalms had all been paid. The sult to-day was not unexpected, for Simpson has beén making frequent asser- tions that Nusbaumer did not make a’full settlement with him, and he has openly accused the attorney of holding a portion of the money due him. There has been much i1l feeeling between the two, and at one time they met and weapons were : ¢ PO A0S0 S0 0HD A0S BI04 00 Do e 90 4000 I | drawn on one If not both sides, and the interference of friends alone prevented trouble. Since then threats have been breathed heavily on each side, and the Simpson-Nusbaumer feud has been one of 1 the old-time contests of the town. It would seem now that Simpson has decided to make his threats good and has taken the case Into the courts. He as- serts fraud and says that Nusbaumer re- rted to him that the material men r used to make discounts on their bill when the reverse was the fact. He then says that Nusbaumer went to Fran- cisco to effect a settlement with Macdon- ough, and that he went to the office of the late E. P. Cole, Macdonough's attorney, and there made a settlement, leaving Simpson outside. Simpson says that he does not now know the amount for which the settlement was made at that meeting, and that Nusbaumer has never told him. He claims that he made several engage- ments with Nusbaumer to meet him at his office for a settlement and that Nus- baumer kept none of the engagements. The final assertion is made that “when finally pressed to the wall said Nus- baumer Informed the plaintiff that he did not remember how much money he had received on the said demands nxinsl Mac- donough.” According to the complaint the only figure he could get was “some $19.- 000" as the amount recefved. Out of this he received $1116 80 after paying outstand- ing claims. He now asserts that instead of $19.000 Nusbaumer recelved 40, | and that at least the balance between that | figure and $19.000 is due, If not more. He | also says that the various material firms | discounted their claims largely and that he is entitled to the discount, and so he | demands the accounting. Mr. Nusbaumer was not in Oakland to- | day and could not make a statement. but George W. Reed, his law partner, did. ‘““There {s no truth in the complaint at all,” sald Mr. Reed. “Simpson got tangled in his contract and the sults got so com- plicated that it became evident that there would be nothing left for Simpson, so Judge Nusbaumer was taken Into the case and worked a full week compromis- | ing matters. He flnally got something | out for Simpson after paying all claims, | and Simpson was very giad to get even | the amount that he did. He never com- | plained until about a vear ago. when the two had some personal difficulty, and since then he has claimed all the wavl from $2500 to $4500. Tt s true that Judge Nusbaumer left Simpson outside when he went to make the settlement, but he did that because he was afrald that there | might be trouble. 1f it had not been for | Judge Nusbaumer I don’t think Simpson & would have got anvthing at all. The suit 1= without any basis at all.” Em!l Nusbaumer to-night declared the Simpson suit against him baseless. “I shall charge Simpson with perjury for swearing that he did not know tha terms of that settlement. He knew all about the terms.” NHANDLE EXTENSION IS PERFECTLY FEASIBLE PARK SUPERINTENDENT Mec- LAREN TALKS OF GRADES. PA The following correspondence between Mayor Phelan and Superintendent Mc- Laren of Golden Gate Park explains it- self, and will be interesting in view of the | coming election to decide the question of issuing bonds for the extension of the park panhandle to Van Ness avenue: December 6, 159, John McLaren, Superintendent Golden Gate Park, City—My Dear Sir: Should the citizens vote for the extension of the park panhandle to Market street, there will be & question as to the best means of mprov- ing the property. There is a steep ascent for a few blocks on the line of the exten- sion, fully as steep, according to the official surveys, as Golden Gate from Scott” to Devisadero, which approximates 10 per cent. This grade will have to be re- duced or a winding road will have to be constructed, and as the blocks condemned are 275 feet’ wide, the land, I am informed, will admit of almost any kind of treatment. I am assured by engineers and architects that it is a simple matter to make this driveway, which is the most natural, direct and beautiful approach to the park, satis- factory in every respect. As the question of grades will be raised and as the people should possess all information possible, I wish you would please send me your idea as 1o the best means of treating the land and let me know particularly what should be the established grade according to your views and how deep would be the cuts on the hill top and how the sides of the same, when made, can be treated by the landscape gardener s0 as to produce the best effect. These are practical questios I am sure that you have the information at hand. Yours very truly, ¥ JAMES D. PHELAN, Mayor. Office of the Comm;ul:mn of Golden Gate ar PARK OFFICE, Dec. §, 159, Hon. James D. Phelan, Mayor of San Francisco, New City Hall—Dear Sir: Re. garding the proposed cut through Oak-street hill the erroneous supposition seems to have galned credence that it would be necessary to make a deep cut, whereas In reality the deepest _cut necessary to give a 6 per cent grade (which should be the maximum) will only be twenty-six feet, and that for a dis- tance of only three blocks, and the average slope two to one. Of course It is not desirable to give a uni- form slope along the whole distance: the effect should be undulating and roiling, varying In steepness from one and a half to one to & slope of three to one, thereby giving a natural and easy appearance, rather than one of stiff uniformity. The width of the block being 275 feet allows ample space to give this variety, both in the form of the ol and in the curvatures of the drive- vays. Excellent examples of a two to one slope such as is proposed for the panhandie cut between Steiner and Webster streets can be seen on the grassy slope opposite the Cyclers’ Rest In Golden Gate Park, where the old Casino once stood, and on the North Ridge road at its easterly junction with the main drive. It has been suggested that in order to pre- serve the present grade of the cross streets bridges be erected across the drive at Webster, Fillmore and Steiner streets, over which eiectric_cars and other traffic will be carried. At Scott and Devisadero streets bridees may also be bullt for the purpose of carrying the driveway, footpath and cycleway over the streets, thereby allow- W cars and wagons engaged in moving merchandise and other material to cross under the drive, so that it will not be neces- sary in driving from Van Negs avenue to the park to cross any car lines on the same level or incur any risk of a collision with vehicles or cars. The level of the drive will be here approached by gentle slopes and easy Once the land Is acquired, however, it Is a matter for an engineer and landscape gar- dener to_devise the best plan for Its improve- ment. Winding roads may follow the pres- entelevations or the twenty-six-foot cut be made. In either event the great purposes of the panhandle extension will be served. Out of the thirteen blocks only three will be affected by the cut suggested, and that ‘will enhance rather than diminish the effect. Respectfully yours, JOHN McLAREN, Superintendent. —_— e — Don't w about slander; it will rub off when Iml.l dry. NEW STREET LAW TO MUNICIPALITIES CONVENTION HAS PROGRAMME. Out of the convention of California municipalittes which will take place In | this city this week may come some form of a suggestion for a new street law to be submitted by a committee to be cre- ated by the convention that may super- sede the Vrooman act. The convention will be In session three days, beginning ‘Wednesday afternoon and continuing until Friday night Inclusive. The street laws are the leading subject for discus- #lon on the programme. Secretary Mason of the Associated Municipalities explain- ed something of the expectations of many who will attend as delegates at the con- vention to a Call reporter yesterday. “There is need for a new street law, and this is clearly seen by all classes of citizens. Our convention will be made up of assoclated municipalities. The basis of the organization is that the municipali- tles are actual members of the assocla- tion. They join by vote of the proper au- thorities and pay dues to keep up the organization. The delegates are all either city officials or- others elected by city Councils or Boards of Trustees and so are officially present. The Vrooman act | has become practically inoperative. What | shall be done to relieve the situation? | Can any one determine better the needs of the municipalities in the matter of street work and improvements than these very office-holders, who are contin- | ually in touch with that class of prob- lems? 1 anticipate that one outcome of the convention will be the appointment | of a committee of officers of municipali- ties to make a draft of a bill to be sub- mitted to the Legislature whenever it/ shall convene for consideration, The officers on.the committee ought to be able to draft a law that will not be in favor of the street contractors or in fa- vor of any one but the public.” The programme of the convention has been extended. The, following topics, addition to others previously announced, will be discussed: *‘Municipal Licenses™ by C. M. Kirkbride of San Mateo; “Ejec- trical Terms,” by Professor L. L. Corey of the University of California; ““Th Value of Municipal Libraries,” hl Fre erick Taggart of the Mechanics’ Library; “Sanitary Regulations,” by Dr. Clinton Lubbock of Alameda; “Municipal Engi- neering,” by Professor Frank Soule of the University of California. To Help a Forester's Widow. A few days since Frederick J. Arndt, the junior past chief ranger of Court Seal Rock, Foresters of America, a man who had endeared himself to all the members of his court who had manifested their ap- | preclation of him by electing him to the | various stations, from the lowest to the | highest, was suddenly summoned by | death, leaving a widow who but seven weeks before had become a bride. The members of the court after his death be- came aware of the fact that their late companion had left his widow without means, so they have decided to carry out one the principies of the order, *“ assist and protect the wisow of a de. parted brother,” b( giving a benefit en- r tertainment in their hall in the thian Castle on lay next in ald of Mrs. Arndt. —_—— Military Order of Foreign Wars. The Military Order of Foreign Wars of the United States has decided to postpone its commemoration day banquet until some time in January. The annual meet- ing will be held next Thursday, when of- ficers for 1800 will be elected. —_— e A Violet Tea. The ladles of Lincoln Corps No. 3, G. A. R., will give a violet tea on next Friday f!emm in aid of its fund for the re- llef of sick and distress War of 'the Rebellion, o) *0ldlers of the | Morse that of | cheeked girls. BE FOREMOST TOPIC WAS A DISTINCT ARTISTIC PLAY Great Gathering at This Annual Event. —_— Oakland Office San Francisco Call, %08 Broadway, Dec. § From half-past 1 to 2 o’clock this after- noon several hundred students, accom- panied by relatives or friends, passed Ly little groups into the Macdonough Theater, where a_cluster of ushers awalted them. Every one went in smilingly expectant. At b o'clock those hundreds streamed out, satisfled and beaming. The farce had be:n good—splendid—a triumph. And the cur- tain ralser no less commendable. “It began at the beginning.” For the orchestra, with cunning art, won the le- glons as (hey were directed to their sests or trod each other’s toes on the “stand- | ing room,” by playing tunes dear to col- | lege hearts. And from the time that “Palms of Victory"” floated out from the footlights to rebound where verdant freshman or stately senior mingled in the gallery regions of the gods, to that clos- ing moment when a falling curtain meant palms of victory for the playwright of the dMK. Richard W. Tully and Ml Schwartz, there was Fun with a capt The audience was the typical audience that a junior farce invites. The president and his wife and an attending faculty member in one box, distinguished mem- bei of the press and a pretty girl or two in another; a third box with faculty ladies as appreciative as the jolllest junior; other boxes lined and rimmed with giris in bewitching frocks and hats that at- tracted the ever-moving opera glasses; the orchestra and dress circles a sea of faces, with a foyer background of men and malds that extended to the boxcs again; the balcony as bright as the pit; the gallery ultra for once. The opening numbers were an introduc- tion to Laurence L. Greene, president of the junior class, who modestly but in a gleunm fashion spoke for ten minutes on is class. The curtain ralser followed and carrfed in its cast its author, Miiton H. Schwartz, who proved himself not only a clever fm- personator, but an equally clever writer. From beginning to end the skit was a round of fun, all hinging on the compli- | cations of the arrival of a football coach and a coachman at once and the same time at a suburban home In the college town of Berkeley. Henr,! Clinton Melons as Francis Naufice, an Englisk architect, wi first to be mixed up. John W. S. Butler, who was Barrett Henran, the real coach from Princeton, was tangled next, and then the coachman, Thomas Thomp- son, who on the junior rolls is Elmer ll Harris. Mr. Schwartz sustained the role of a retired clgllulnl and Miss Rubv is daughter, & profound admirer of football men. Then came the farce, which, while local, was not so much so as to debar it from other audlences, dnd certainly In every way—characters, lines. situations ang complications—it was distinctly above the line of farces. It would be difficult to say to whom the honors, histrionically, bvlonfed. for from Mr. Southard to Miss Godin the acting was exceptionally good. Mr. D. A. Gor- denker as the ‘“‘good, honest, intelligent Japanese schoolboy” who tries at the same time to be a house servant, created a part that should live. Rea Hanna w loyal and Apollo-like enough to other hearts than Ruth Thornton's Schwartz, who had a role in the fa too, was a rushed “prof.” without a flaw. Ralph Fisher, John Butler 1 Charles Cobb each deserve sncomiums. The young ladies in the play were well cast. Miss Eila Pattiani sustained the in- genue and was the daintiest of apple- Miss Isabella Godin won praise for stately coyness. But special commendation should be given Mi«s Holmes (“Mrs. Wigginton Wiggins") and Miss hall, “the daughter' of her father.” Miss Holmes was free from the faults of stage novices. Miss Bohall in- trodu a gown worthy of Mary Van Buren and displayed a beautiful volce in a song prettily introduced. Mr. Tully. who held the title “James Wobberts, I. S. 8., Boston,” de~ serves a paragraph, and won the theater from the start. Flowers galore poured over the foot- lights at sundry and appropriate times during the afternoon. And, indeed, thers seemed to have been nothing forgotten or missing, and the assembly was devold of disappointment. S— Due to Exposure. ALAMEDA, Dec. 9.—A young man giv- ing the name of Willlam Greer and who claimed to have come from Canada, was found late last night by Officer Moebus at the corner of Central avenue and Bay street suffering from partial paralysis. He was removed to the police station and Dr. Stidman was summoned. He pro- nounced the allment due to exposure, Greer was removed to the Receiving Hos- pital In Oakland for treatment. ———— For More Oakland See Page Eighteen. The executive committee of the Public Improvements Central Club of all the civic associations met in the-Mills buil ing yesterday. The meeting was called to order by A. Sbarboro, president of the organization. The committee is composed of Irving M. Scott, A. S. Baldwin, M. H. Hecht, . N. Lillenthal, Charles’ Bund- , Lippmann Sachs, Willlam Plag mann, P. H. McCarthy, William Alvord, E. 8. Denicke, F. W. Dohrmann, James D Phelan, Thomas Cluff, D. V. Kelly, Mar- shal Hale, R. M. Hotaling, George R. Senderson, Frank H. Gould, P. M. Wellin, Rolla V. Watt, Charles B. Stone, Louls T. Samuels, Paul Barbieri, Percy T. Mor- n, P. C. Rossl, Jeremiah Deasy, F. W. negom, A. P. Glannini, C. Stader, ager, John E. Quinn and J. Richard Freud. The committee organized by electing Rolla V. Watt chairman; George R. San- derson, vice chalrman; Gustave Schnee, secretary, and F. W. Dohrmann, treas- urer. A finance committee was appointed, comprising A. 8. Baldwin, chairman, Irv- ing M. Scott, M. H. Hecht, LI Sachs, Charles Bundschu, e Marshal Hale, Paul Barbleri, Per Morgan, Jeremiah Deasy and Lesser ger. A request being made for volunteers 1o speak at the different district meetings d improvement clubs, to be arrange future dates, the following gen volunteered: James Doh . Al V. Kelly, M. H. Charles Bundschu, Irving M. Scott and P, H. McCarthy. After a general discussion of the plan of campalgn the meeting ad- Journ to meet at 11 o'clock Monday rmrnlng, the 1ith inst., in the Mills bulld- ng. pmann nicke, —_——— Kirk Convicted. WICHITA, Kans., Dec. 9.—A special to the Beacon from El Reno, O. T., says the Jury has found Taylor Kirk guilty of murder In the first degree and Judge Me- Atee has pronounced the death sentence. Kirk killed his sister in Wachita County July 4 last. He coerced his brother and sister to confirm his story that it was a case of sulcide. ————— Vanadana Mines Sold. BAKER CITY, Or., Dec. $.—The Vana- dana group of mines on Olive Creek w: sold to-day to British Columbia_capital- ists, represented by Colonel Tnzpinfl. The purchase price is said to be $1,500,00). The new company will immediately erect a large mill. s T Shepard’s Successor. AUBURN, Dec. f.—After quite a bitter contest the Republican County Central Compittee to-day indorsed H. H. mond_for the Auburn postoffice to s ceed W. A. Shepard, whose term expires next July. P LR Marblehead in Port. SAN DIEGO, Dec. 9.—The United States crulser Marblehead nrrlvndl :c.rfi to-day, six s _from Acapulco, witl well on Doard. "She will Femain n this' PRt fo¢ some