The San Francisco Call. Newspaper, May 1, 1901, Page 14

14 THE SAN F RANCISCO CALL, WEDNESDAY, MAY 1, 1901. = COUNTIES FIGE MINEY PAOBLEM Valley Association Gets| New Assessment Proposal. ' Wright Says Exploitation Work May Continue | Next Year. 1 el i ! nties embraced in the the Sacramento Valley ! ion are engaged in they will go on for >bability is that they e good . who repre- s city at the Board of proposition before the acramento Valley the in other parts of en organized to mu- the common interest. Last » Mr. Wright, the several counties contributed he valuable work of v known to the world, as| This year a different ded by a commit . Coleman, ¥. E. . Green. has been | r contributions in ac- | sessed valuations of | . For instance, 1t be asked to con- | uba County will he stern visitors to Sea northern countieg, » representative Board of Trade offices. that the man who is as- th §1000 be asked postage stamp, while the $10,000 will have only to What will be done the matter comes of the twelve | e Sacramento Val- AUDITOR REFUSES TO [ SIGN BAIL ORDERS His Attorney Advises That He Has | Nothing to Do With the Demands. ved an opinion yes- . Reuben H. | dvises him s should not cordance with | he will not | resuit will be must pa The opin- he charte! pon whether or not t then—and hot 1! In the Divorce Court. Decrees of divorce were granted yesfer- gham from iliful neglect. filed by Emil Bec for i E R rine R. Kennedy for desertion H. Powell One Copyist. Gets His Salary. ced intentior City T de- recently ap- until he Attor- n the case of Deputy’ Treasurer s demand was paid by R he Auditor, who con- an ther copyists R >d_his mistake shortly after 1 and be took good care her three copyists whose t are leg: t b P | previous FAIR’S CHILDREN ARE AWARDED THE ESTATE BY SUPREME COURT Famous “‘Trust Clause’’ Declared Invalid, Justice Henshaw Chang- ing His Previous Opinion in Favor of Heirs, Who Secure the Possession of Property Estimated to Be Worth $20,000,000 < The Supreme Court yes day handed down a decision awarding the estate of the late Senator James G. Fair to his thres children’and declaring the famous “trust clause” in- valid. In a decision given four months ago the Supreme Court, by a vote of four to three, up- held the trust clause and re- versed the decision of Judge Slack of the Superior Court. A rehearing was granted to the children of the late Senator. The decision whereby the court reverses itself was made pos- sible by Justice Henshaw ad- mitting that he was in error in his former opinion. \ | HE trust clause in the will of the late James G. Fair was yesterday declared invalid by a majority of the Supreme Court Justices sit- ting in bank, with the result that Theresa, Virginia, and Charle The Supreme Court revers decision in the cz tself on its owing to e, | Justice Henshaw admitting that he was Laurence J. Brannan ! The de- | trust clause of the will was a valid cne. When James G. Fair died his estate was valued at $15,000,000, while it is to-day es- timated to be worth $20,000,000. . The deci- sion of the Supreme Court thus gives Mrs. Herm: Oelrichs, Mrs. W. K. and Charles L. Fair fortunes amounting to almost $7,000,000 each The will of James G. Fair, when offered for probate by Angus, Crothers and Goodfellow, the executors and trustees, wae opposed by Charles L. Fair, the son of the dead mining magna By a spe- cial clause in the will it provided that any of the legatees who contested the will should be cut off from any benefit in the estate. his or her share to go to the other s and beneficiaries. rles L. Fair fought his father's will, ite the fact that disinheritance might be his lot in the fight. His sisters, how- ever. joined issue with him by a -private arrangement, and if Charles L. Fair had heen worsted in the fight for his father’s many millions he would have been pro- vided for by Mrs. Oelrichs and Mrs. Van- derbilt. Charles L. Fair had two good grounds for contesting his father’s will. With his two sisters he was only to receive the me of the vast estate left by James Fair. The estate was practically left the hands of Angus, Crothers and ndfellow Fair's children, if any, were in no case to state of the dead millionaire will now | pass into the hands of his three children, | the trustees, and Charles L. | | in errar when he upheld the view that the | | to . Vanderbilt | | holding that the trust was invalid. | have’ created an est bl SR 1 - SENATOR FAIR AND CHILDREN WHO IN- THE HERIT HIS ESTATE. eive a single cent from the vast prop- erty. Reversed Slack Four Months Ago. Judge Slack, in the Superior Court, de- clared the trust ted by the will to b invalid, br on appeal four months ago reversed Judge Slack and held that the trust clause was a valid At that time the Justi n favor of the t lause were H Temple and Chief Justice Beatty, Jus- tices Garoutte, Van Dyke and Mciarland A re- then granted. Yesterday Justice Henshaw joined the former minority, thus giving the estate of James G. Falir to his heirs. The principal points discussed in the de- cision were as follow: “Dees clause 15 of the will create an ab- solute trust or does it create only a power in trust? Did Jame Fair vest his es- tate in the three trustees or did he intend that they should simply be trustees to convey the property to the heirs of the dead man? The majority of the Justices, in spite of their decision, believe that James G. Fair did absolutely and positively intend that the estate should pass to the trustees and that he made no “devise” to his heirs or any beneficiar After quoting the of the will the de- to the real issue by hearing w o, clared in the fifteenth clause are valid the primary and most important consideration is that an_express trust to convey real property to beneficiaries is not lawful under the stat- utes of this State, by such statutes, Torbidden. The Justices then explain the provisions of the Civil Code, which expressly forbid the formation of a trust,-as in the Fair will, and many decizions are quoted to show that the Fair trust is illegal, To explain this contention the decision vs: counsel But though the trust to convey be held void still the will, upon various suggested theories, ought to be construed as devising estates in remain- der to persons of the designated classes. for appellant contend that al- The case would have been had been an independent dev direction to the trustee to con isees; in that case the words of devise would te, and the conveyance would have been unnecéssary, except perhaps as convenient and additional evidence of title. As to Intended Devise. The contention of ‘the trustees that James G. Falr really intended that his children should have a ‘“devise” in the cstate is dealt with in very plain lan- iifferent if there followed b; nvey to the de: s o E mh From Monday to Saturday—at every turn in the kitchen work—a Wickless Blue Flame Oil Stove will save labor, time and expense—and keep the cook comfortable. No bulky fuel to prepare i P or carry, no waiting for the fire to come up or die down; a fraction of the expense _ of the ordinary stove. A Wickless BLUE FLAME 0il Stove will boil, bake, broil or fry better than a coalsfove. It is safe and cleanly—can not become greasy, can not emit any odor. Made in several sizes, from one burner to five. If your dealer does not have them, write to nearest agency of STANDARD OIL COMPANY e haw, Harrison, | | Hence, the interest of the guage. The decision cn this point says: Of course, the precise, technical word ‘‘de- vise™ is nof necessary—any other word or lan- guage expressive of the same action or deslgn would be sufficlent—but in this will there is no such language. There is no language what- ever upon the subject other than the direction to transfer and convey; and to eliminate these words would be to leave the estate, after the death of all the decedent's undisposed of. Concerning the point raised by the. trus- tees that the intention children, entirely sion says_that the rule cannot be applied in the Fair case for the reason that the rule always in- cludes the proposition that the intention must be found in the will itself. The Justi tator has that the intention which clearly appears must be lawful, and that the court can, in no instance, make for the testator a new will. Continuing the decision says: Now jn the case at Bar it s perfectly clear, beyond even a reasonable doubt, that the tes- tator did not intend to devise estates in re- mainder to persons of the named classes, but intended to devise the whole fee to his trus- tees upon trusts to convey, after the expiration of a probably very long period of tife, to those persons, so that the latter would receive new estates ‘created by the conveyances. There is 1o room here for any construction based upon an apparent or presumed unskillfulness, ig- norance or negligence of the testator: the will is in apt legal phraseology; and his intentions are clearly and accurately expressed. Back to Time of Henry VIIL ‘The comment of counsel for the trus- tees on a large number of New York de- cisions on trusts brings forth the follow- ing caustic remark irom the Justices in their decision: In these cases, the examples of former writ- | ers on uses. trusts, powers and estates are followed. The writers were wont to indulge very fully in abstruse learning and to use language of rather an indefinite and ambigu- ous character—somewhat after the methods of the metaphysicians. im of the trustees that though the “‘trust to convey’ be void under the laws vet it should Le considered merely as a use executed by the English statute of uses, as laid dow.. in the time of Henry v ol. 27, chap, 10. is treated by the Supreme Court af considerable length. The Justices enter into the history of the foundation of the United States, where many of the laws of England were adopt- ed by the new colonies. The decision of Norris vs. Norrls, 5 Cal., 253, laid down the rule that there is no presumption that the common law it: exists except as expressly declared by the constitutions and statutes of such States. Continuing the Justices in their decision say: Such common law prevalls only as far as it is not repugnant to or inconsistent with the constitution or laws of this State. Then quoting the sections of the Civil Code of California which do not agree with the English law on uses the de- cision says: Tndeed, the English statute of uses is re- pugnant’ to our whole system of conveyances, which ig simple in form, and inconsistent with the purposes of our system of registry. The contention of the trustees that, -~ though the trust to convey be void, it may be held good as a “power in trust to con- vey” {s declared by the Supreme Court to be untenable. The decision states that, though the New York statutes provide for a power of trust to convey, vet the code of this State makes no such provi- sion. Decisions are then quoted from the American and English laws on this sub- ject as to the effect of such a contention being held valid in the Falr case. Contin- uing, the decision says: It may be remarked, generally, that while a man's power to say to whom his land shall g0 when he dies is a proper and valuable property right, still there is no rule of law or pubifc policy ‘which calls upon a court to be diligent to discover some way to make good a man's forbidden scheme to determine who shall huve ‘his property Afty years after his eath, Tying Up Property Discouraged. The general policy of the law is against the tying up of property and keeping it for long periods out of ‘the current' of allenation and apart from ordinary business purposes. The rights of the legal helrs to whom the law gives property in case.of intestacy are entitled to some consideration. The court holds that Judge Slack was right in deciding that the invalid trust to convey carries with it the otherwise valid trust for the lives of the testator's children, and that therefore the whole trust fails. It also holds that it was the manifest intention of James G. Fair that 0 to either none of his property should of his children or to any other persons as heirs at law. Tt holds that he intend- ed, through the devise to the trustees and anticipated conveyance by them, to dis- pcse of the temporary income of the es- tate to his children during their lives. In closing the decision, the court rules that the very terms of the ‘‘trust clause’ positively vest the estate in the trustees and that the children of James G. Fair could not secure possession of the prop- erty except by the ‘‘route provided in the will, The decision continues: It you eliminate the words ‘transfer and convey’' from the will, then the beneficiaries named would not take the estate at all, for the heirs of Falr would be entitled to inherit it. beneficiaries in the n_only come to them through the transfer and convey'’; and, If the bene- ficiaries are to take the fee and take it only through the medium of those words, the trus- tees must have the fee vested in them in order that they may transfer and convey it. The will demands that they shall transfer and con- vey to the beneficiaries; that is, make a con- veyance of the property to them; that is, vest sthe title of the property in them by a convey- ance. The court concludes that the fee to Kalr's property was cast in the trustees in trust P testator WAITERS THAOW ISIDE APRONS Walk Out. at Midnight and Promenade the Streets. Ironworkers and Shipfitters Meet in Amicable Con- ference. k —_—— = The waiters’ strike is on. It commenced at midnight. Two meetings were held last night. One was that of the women who handle the plates; the other of the restaurant-keepers. As neither side could lagree upon terms, a walkout was ordered. The waitresses met at 102 O'Farrell street, sang songs and resolved that it was better not to work than to work for less than the schedule of wages hereto- fore adonted. The restaurant proprietors met a short distance ‘away and decided that they would not stand for the increase in wages demanded. Delegates Sanders and Mac- kenzie espoused the cause of the waiters and walitresses. As the matter stands at | present, there will be another walkout this morning, ‘when the nignt and day watches change. Who is to supply the | needed help is now the question that the restaurant-keepers will have to settle. Chief of Police Sullivan and Captain Wittman attended the meeting of the res- taurant-keepers and promised ample po- lice protection. Hungry men and women are assvred of a breakfast at least, but the noonday lunch. will probably have to be taken at other than the usual places Both sides seem determined to carry out the different policies outlined. The restaurant-keepers have established headquarters at 127 Mason street, and everybody who comes along with ability | to carry a pile of plates on one arm is as- sured of an engagement. The cooks are not “out,” but may sympathize with thelr‘ fellow workmen and join In. Tt is said that those who had espoused | the cause of the waiters will feel the iron | handof the boycott in a business way. Those who are engaged in supplying food and other things have been aligned in the | cause of the restaurant-keepers. i Shortly after midnight waiters walked out of the various restaurants along Mar- ket street, crowds gathering to see the excitement. Police officers, detailed to clear the streets, gave the late diner-out a chance to go hungry, or take the last| car home. MAYDAY PICNIC AT GLEN PARK POSTPONED Pacific Heights Scho;l Pupils and | Their Friends Will Make Merry Indoors To-Day. The Mayday picnic at Glen Park for the benefit of the teachers’ annuity fund has been postponed to Saturday on account of | the rain. The arrangements will hold good for the Saturday picnic and the pro- | gramme announced for to-day will be car- | | Tied out in full at that time. ; | The parents and friends of the pupils of the Pacific Heights School had provided a bountiful supply of good things to eat, | and the Board of Education has granted | permission for pupils and friends to have an indoor pienic at the school bullding on | Jack®n street, near Webster, to-day from | [11'a. m. to 6 p. m. Various articles orig- inally designed for the Glen Park picnic will be on sale, and such adjuncts as the | srab-bag will be in operation. | Forms Elks’ Lodge in Honolulu. Grand Exalted Ruler Jerome B. Fisher of the Benevolent and Protective Order of Elks arrived yesterday from Hono- | lulu, accompanied by his wife. While | down in the islands he instituted a lodge | of Elks, 133 members being initiated. This | is the first lodge of this order that has | | ever ‘been formed or allowed a charter from the grand lodge, outside of this continent. ~Exalted Ruler Fisher, who is a County Judge of Jamestown, N. Y will leave in a few days for’ the Hast over the northern route. —_——————— Good Effects in Framing. The most charming effects in natural wood moldings in the dull Flemish and polished finishes. Many new things in mat boards recently added. Tiny blacks, grays, greens, mahogany and gilt mold- ings used for framing small pictures pro- | duce beautiful gems for wall decorations at very reasonable prices. Sanborn, Vail & Co., 741 Market street. v —————————_ ‘Woman Criminal Brought Back. Julla Gougaliski, the notorious house thief, and Francisco Gordello, an accom- | plice, who were arrested in Los Angeles some time ago, were brought up from | there last night by Detective George Mc- | Mahon and lodged in the City Prison. The couple are suspected of having rob- bed severa! houses in the Mission. They will be charged to-day. —_——————— Send to the office of the Southern Pa- cific Company, 613 Market street, San Francisco, for one of the new topograph- ical maps of the Yosemite Valley. ——— e Cathedral Council Picnic. The picnic in the Santa Cruz Moun- tains to have been held to-day by Cathe- dral Council, Y. M. I, has been post- poned on account of the rain. It will be held at a date to be announced later. L e e e e ] to transfer and convey to certain of his kin- | dred; that his iIntention to so place the fee stands out plainly from the face of the entire will; that no contrary intention whatever ap- pears therefrom, and that the will must fall by reason of this prohibited trust. We are more satisfied with this result, when it is considered that a contrary conclusion would perpetuate a trust of this vast estate, probably for a period of fifty years or more, and also result in a dis- inheritance of Fafr's children. Notwithstand- ing a man has a right under the law to make & will, still the law is not kindly disposed to either’ of these things, and, if this were a closely balanced case, these threatened results would furnish reasons for a decision the other way. Henshaw Explains Change of View. The decision was written by Justice Ga- routte and concurred in by Justices Van Dyke and McFarland. . Justice Henshaw wrote a special concur- ring opinion, in which he gives his reasons for changing his views as to the validity of the trust will. He explains that in his previous opinion he had no doubt of the intention of the testator to create a “trust to convey,” and that the provisions of the will could be sustained. He ad: The error of this opinion came from a falure to give due recognition to the fact emphasized and demonstrated upon the last argument, that only in those cases where a trust to convey ls valid, or in those cases like New York, where its purpose is effectuated by an enabling statute as a power in trust, has this rule or doctrine ever been declared. The Legislature has prohibited a trust to convey. It has de- clared such & trust to be void. It has forbid- den the separation of the equitable from the le- gal interest by this mode, and a court can no more say that the equitable estate under such old trust passes to the beneficiaries than it can say that the lesal estate passes to the trustees. Such, I think, is the unanswerable argument in every jurisdiction where, as with us, a trust to convey is prohibited and de- clared void by express law. Justices Harrison and Temple, together with Chief .Justice Beatty, filed special dissenting opinjons, similar in detail to those they wrote at the previous hearing of the famous will case. Now that the estate of James G. Fair will pass to his children, they will also inherit the claim of Mrs. Nettie Craven that she is the widow of the dead mining mlllt%najre. Attorney Ruef stated last night that he was not prepared to say what the plans of Mrs. Craven’s attorneys would be, but that he thought his client's legal position was vastly improved by the decisiom of yesterday. He explained this by stating that the children of James G. Fair would be more likely to effect a compromise with Mrs. Craven than the trustees might have done, for the reason that they, the chil- dren of the late Senator Fair, would be most anxious to clear the titles of the ‘?'it:_ estate and secure a speedy division of ADVERTISEMENTS. Special Sale OF FINE Housekeeping LINENS. This week we will have a spegial sale of the following Fine Linen Goods for household purposes: Hand and Power Loom Table Damasks, Fine Damask Dinner Sets, Plain and Hemstitched Lunch Sets, Damask Nap- kins, Damask and Huckaback Towels, both Hemmed and Hemstitched; Rus- sian, Irish and Scotch Towelings, and Glass Linens, Hand Embroidered Stand Covers, Tray Cloths, Center Pieces, Tea Clule Doulies. Pillow Shams, Bed Sets and All the above Linensare from the best mak- ers in Europe, and will be sold by us much less than the present valus of the goods. We will also sell this week about 175 pairs Fine White Mission Blankets. for thres- quarter, full size and extra sizs beds: prices . $6.00 air. $4.00, $5.00 and T hese blankets ars the balance of our winter stock, hence the low prices. s Crvnoy, @‘QRPORATQ, 1892 n, u3, us, nw, us. 121 POST STREET, LOCAL ARCHITECT IS TO BUILD MONUMENT IN HONOR OF DEWEY At a meeting of the Dewey Monument | missioners were represented by Reuben H. General Committee, which was held yes- | terday, it was decided to return ail the designs and models which had been of- fered for consideration and to commence all over again on entirely different lines. Of all the designs which were offered by Eastern sculpters and the models offered by the local talent but one appraoached the requirements of the committee. It was furnished by Sculptor Brewster of New York. When he was called upon to elab- orate his desigrs, tion did not meet with favor. present decision. Hence the The committee will not call for any more | designs, but has commissioned Newton J. Thorp, a local architect, to construct a monument in accordance with plans which it will furnish. When the architectural feature of the monument has been com- pleted local sculptors will be chosen to Complete the decorations. Kach sculptor will be allowed to furnish that portion of the work which he is best capable of pro- ducing. The committee desires to have erected a monument not to exceed $35.000 in cost and to have a column effect. At the base are to be four buttresses supporting figures of herolc size, one of which is to be a Cali- fornia bear, emblematic of the State. It will be.surmounted by a feminine figure, representing Victory and will have bronze tablets, illustrating the victory at Manila Bay. The Park Commissioners have granted permission to have the monument erected in_Unior Square. Work will be commenced immediately. It is hoped to have the work so far ad- vanced when President McKinley arrives in the State that he may be invifed to re- move the first spadeful of earth for the foundation. At the meeting yesterday the Park Com- @ FinFibieb e @ Mills College Alumnae to Meet. Owing to an unfortunate error, the statement was made in The Call yester- day that Mrs. Mary Atkins Lynch, the founder of Benicia College, the first school established for women on this coast, would speak at the celebration of founders’ day at Mills College, Alameda, on_ Saturday next. ublication in question in The Call e fiar sent out by the was based on a circul faculty of the college and nothing in the information sent out showed that Mrs. Atkins died some years ago. The wording of the circular was such that it was to be inferred that Mrs. Atkins Lynch was still living and, owing to the lateness of the hotur when the cifcular reached The Call editorial rooms, it was impossible to make special inquiry on the subject. Stevedore Injured. George Nelson, a stevedore engaged in Jawork on the steamer Peru at the Fre- Mmont-street wharf, fell through an open hatchway last night into the hold of the vessel. He sustained a number of severe injuries, including a contusion of the left shoulder, a concussion of the brain, with 2 possible fracture of the skull and Severe internal injuries. is 53 years of age and lives on Duncan street. He has a large family dependent on him for sup- port. —_———— Library Building Strike Ended. OAKLAND, Aprii 30.—The Building Trades Council compromised the strike on the new free library building to-night by consenting to call the strike off on con- dition ‘that Superintendent Hagar join the Carpenters’ Union. This Hagar promptly acceded to and the men were ordered to go to work in the morning. The council announced that their action was taken out of deference to the board of library trustees, who appeared before them and requested that the work be no longer de- layed. ————————— OSCAR HEINROTH'S BENEFIT.— formance for the benefit of Oscar Helhroth ai the First Regiment Armory last night was very successful. A cléver programme was ren- dered by Frank W. Healy, Miss H. Hansen. Kelly and Marlowe, J. M. ~Glennan, Lloyd Spencer, H. Auerbach, Miss M. Gitchell, C. W. Betfs and Frank Scully. Men’s sults made to order, $1 week. Smith Tatloring Co., 128 Eilis street. ¢ the enlarged produc- | \FLOU Lioyd and@ John A. Stanton, while the members of the general committee who were present were: Mayor Phelan, Colo- nel Murphy, Charles Hirsch, Mr. Stafford and Captain Fletcher. ADVERTISEMENTS. "Phone Howard 102L ABER 119 TAYLOR STREET. ECONOMY PRICES LIBBY'S DEVILED HAM, 3 Tins 10e. Stockton Milling Co. 50-1b sgu sack brRle Makes good. white bread. Lowest price ever mentioned. Our reg- ular Sc. Sale on all brands this week. GHIRARDELLI'S CHOCOLATE, 24e¢. For shortening and frying. Large pa|l4uc White, pure, wholesome. PURE MOLASSES, Quart Can 10e. Regular 50c. Shredded whole wheat. Package. |zc Many use no other Bread. MOTHER'S CRUSHED OATS, 10¢ pkg Se Soap; French, genu- ine. 3-pound bar......... 'gc Made from pure Olive Oil. Sold over 900 bars last sale. from maker in Marseilles, France. D. & M. SHOE BLACKING, 10¢ size Se. GUFFE Java and Mocha (brok- 5uc en). 3 pounds dercaes Very popular money sav- er. Standing special. . SANTA CLARA PRUNES, 8 Ibs 25¢. Whiske; lar, HORSE SHOE ==, """ 55¢ Pure Bourbon, old and rellable. You can judge and sample at store before buying. Our usual price. Why pay %c elsewhere? 15¢ CARTOONS SODA CRACKERS, 10e. Direct Very best Pt. Reyes BUTTEH or Humboldt, square..27lc Usual size. Strictly ='2 fresh. 10c CAKE RED M SOAP FREE. Armour's Lunch. 13- ounce tin .... . 2 c Awarded Gold M Paris Exposition. FANCY SALMON, 3 tins+25e- PINK BEANS, 8 Ibs 25¢- SPECIAL PR.CES TO RESORTS—Freight Propaid. SAME SHAPE TWO QUALITIES I - CEUETT PEABODY & MAK S of free. nce. Termsreasonable, Hours, V'as. Sundays, 1910 12, Congul- confidential. Cail um E Mo NULTY, M. D, Frauncisce, earny St., Sanm