The San Francisco Call. Newspaper, June 17, 1903, Page 5

THE SAN HERMAN EPPINGER CLAIMS GRAIN FIRM WAS ROBBED While Grand Jury Committee Probes Into Shortage of Wheat in Warehouse and Court Considers Question of Its Jurisdiction, Partner in Wrecked Firm Alleges That $200,000 Was Stolen FRANCISCO CALL, WEDNESDAY, JUNE 17, 19 THE EMPORIUM. | THE EMPORIUM. PRRRRRRRRR RRRRRRRR RRRRRRE R Boys’ Outing Hats and Caps 19¢c To-day only—Two special purchases, z5¢ Go!f Caps, in plain and fancy patterns . .. 7@ | caurornia's Larcest- Crash Hats—Flat crown or Fédora style.. J @@ Choice of Any Suit (Plain Blues or Blacks excepted) 20 per cent off regular prices This means that—with the exception of the plain blue arid black fabrics—we will, begin- THE EMPORIUM. | THE EMPORIUM. RERRRRRE RRERRERLERE RRERE RRRERPE. Special Sale Goods ordered by mail or telephone will not be sent C. O. D. E i | Vacation Time Overalls 23c Good, stout, well-made Overalls, sizes 3 to 14 years. Worth soc. AMERICA'S GRANDEST STORE June Sale Women’s Garments Hundreds of.un., Silk Oolb, Dress Skirts and Less Than Original Prices. The most lmporfl.fit bugnn event in women’s garments in the history ofthe Emporium. The assortment includes every garment of which we have but a few of a kind left, and every garment which has been the least bit mussed by window or store displag, = The original prices are just as we state them, so that you can figure for yourself the savings possible now. | i = = Ladies® Suits that were never less than $15.00 originally, and from that i ning to-morrow. : give you up to $23. 50, are reduced for the June sale to. . 5 s7l i your uprestricted choice ©of } y.gies Tailor-made Su'tsand chort skirts suits, or il S 317 o any of the stylish, up-to- $28.75, reduced for the June sale to... . . ... 9. date, well made Suits for men and boys now in our store. Prices will be iike this: Talloc-made Walking Suits, of good Coverss and Cheviots, orlginally $20.00 to $25.c0, marked for the June rale. . Ultrs.syli b Suits, for outing and calling purposes, that wld npldly { Men's $25.00 Suts . . .$20.0 from $22.50 to €35.00 each, for thissale . . . | Mt fin e Sl _f,,s_,,g Finest Costumes—Many imported | Wool Dress Skirts— That were Men's $15.00 Su'ts. . . .$12:00 and ;n;fl e Il fe450 8745, 00w . . . . h Etsmne Suiis, in black, | Boys' $12.50 Suite.. . . $10.00 orignilly $60.co to »32:.00, Snlk Wm‘l—Thl! were {6.00 to | v $10.00 Sute.. . . . $8eY marked for this sals ;:6: , $19.00, now. i Bys' 7.50 Suis. . . . 2600 | 312509 {$100.00 §75.00, $3.00 to $8.50 1 Boye® $6.00 Suits . . £4.80 $50.00down ©. 335,00 Sik Coats - Now ac fmm’nn_ third ! Boys” $2.00 Su'ts. . 7260 | siik Dress SKirts—That were $10.00 to one-half ess than original prices 5 10 $8.25 - $10.75 to $16.50 Two-Day Rikbon Sale Salie of White Goods At¢ About Half Price 100 pieces of lawn and cambrics, in good depend- 1,500 yards best quality Brilliant Lu ter Black Moire Taffzta Ribbon, 5 inches able qualities, are marked for to-day’s specnal selling: wide, regularly 35¢ yard, Wednesday and Thursday- - - - - 7@ | White Lawn—full 40 inches | White Cambric—236 mches Same quality as above, 6 inch widths for the two days, 1'ara' - 18¢c wide, a damt) sheer wide, almost as fing as 2,000 yards of superior quality all-sikk satin Taffeta Ribbons, 4 inches wide; fabric, suitable for waists, Lonsaale lifihter in tex- col r, pink, blue, cardinal, white and lh:k, ssceml and many other prices. to $16.50, n .. .10¢ | - ¢ Cotets § 3 t rs i i 5 | Feahersicched Brids—White and colcred, piece . . . §@@ | T*Pestry Carpets fom one of the best makers in | prpyderd Liwn Stocks, pointed and 'sb efecss, in white - = = . 200yands . . . .. . . . 24@ America; a superior quality; in fuil line of new enly; direct from St. Gal, each. . . 250 and $7.00 ENTING EPPINGER & «_:04 AND THE r]vnA\x's ‘ o2 i B SNt i ~2'5° patt:rns and color effects; sewed, lined and laid Automobie Scarfs—Embrodered lawns with embroidered . ¥ WERE LEAVING THE APPRAISERS' BUILD- | | French Sewing Threx —-,cc yards . .o e . 15¢ on your flocr; = grades; rer yard . . $7.00 i 4 BC overcollass, each. . 500 £ has i him NG AT CLOSE OF PROCEEDINGS IN JUDGE DE HAVEN'S COURT. | Sifety Pina-SWhebest, 0men © . -w so0 3 Lot | K}ZEPS NAMES DARK r who are —e IR RRRRY RuRnY wrw :;mmnmumnmmmn RRRRERR AN A AARR S AR AL RN cay only, yard. . 2,500 piechs of No..t Bhck: Satits: Back yards, Wednesday and Thursday . . . RERERRRRRRR RRR RRRRE RRRRERR RREERERRRE RRERRRRY. RERRERR RERRERRRER RRE RRERYE RERRRVY, Dress Goods ») duced remnant prices. Poster Pictures All of the new Poster in brilant colors, sze 11x Ladies’ 14 inches—such subjects as: Th: Yachtnz Girl, Tennis i, Golf Girl, Bathing ) The Matkers, Balet erl Tmmpl, i gaae each . Other Poster Pictures, hand- Hookon Hove Supporters—Pair . . Gem Dress Sh elds — Kleinert’s, pair . New Curling Iroh — Heats its-f, each . vet R.bsan, S 355 1,090 yards of Satin Tuffeta Ribbon, al o some gros grain, al! o 13, widthi 3 rd 21 inches, 2oc valuss, Wednesday and Thursday, yard . Silk Remnants To-day half price In a big business like this Rem- nants accomu'ate with amazing rapidity. too many Dress Goods and Silk Remnants (dress lengths, suit lengths, waist lengths, etc.), the dress goods in blacks and colors, the siiks both fancy and plain, and to clore them out in one day we offer this lot at gme~half the aircady re- Bathing Suits $3.50 very pretty Alpaca Bathing Suits, cot in new- est style, large white sailor collars, trimmed wirh black silke braid . Other styles up to $3.00. o & 3cs 2R .- 149 to 45¢ ... .2850 Wedresday and Thurs- - 19¢ 3 220 ‘10c fobo and ! { A dslayed shipment cf beautiful 73¢, now haf price, each . We find | 5esortment of Millinery . $3.50 : Jerey Knired --$1.00 Child’s Crib —Made of the 60 inches long; on the $1. floor, pes square yerd, Sale of Fiowers, Braids Millinery Ribhbons, Etc. forget-me-nots, rosey, geraniums and lilacs, that would be ma:ked regu‘arly per bunch 34c to All of the new Summer Bralds now half price. Any Trimmed Hat in our stock now half price. A large & whit: maple with extra good quality woven wire mattress, 30 inches wide, Tapestry Carpets, 75¢ &1.75 Linoleums, $1.32 Best Inln‘d Linoleum —In our newest patterns and color effects; 5 quality; this week only, laid on your suits and children’s wear, always sold regularly at 20c yard, Wed- nesday only 12¢ Parig'an \lxlme\ Flowers — mer Petticoats .17c to 36¢c real values, —Fine merce; Ribbons now half prlce._ flounce; with full flare ruffie 200 Mercerized flounce, flare e ruffle, ruching Rattan Rocker—Strong- ly made; roomy seat; fancy woven back; wery com- | the two days . | ’ sal Wed- fortable . somely framed, at. $ 7,40 | Rubter Gosamer Bathing | Pecial sac 2 15 ° ' $6.75 s sday only, b, - - - o RO [ . 25 | nesday nly, each, . Ladies’ Outing Neckwear blick frames.. . 85¢ | Canvas Bathing Shoee. 25@ Washable Madras and Lawn Stocks—some with Beautiful Point stylee, extra w . $1.32 $1.50 Petticoat 99¢ To-day and Thursiay only, a very large purchase of cum- oF more less than 300 Black Sategn Petticoats with full flare knife pleated finished tucked ruffle and dust ruf- fle; $1.50 values; for the two days, 200 Black Sateen Petticoats —Very fine quality; made of fine pleating, and double ] dust ruffle under- neath; a $2.00 value; for of knife pleating, having 3 ruffies set on, and cording; very cheap at §2.35; mle price for the two days @3 F DB 200 [talian Cloth Petticosts— black and red and black; $3.00 pert'mat; for Bishop tabs and embroidered medallions, some with pearl buttons; the late.t noveities in this class of neckwear; each $2.50, $3.00, :3.50, $4.00 to $7.50 ture than muslm enough for Wednesday’s selling, but no more at the 8c price, regularly 11¢,to-day yd. at a third goods; with 98¢ bias flounce Sateen Petticoats — Made with deep flounce Mercerized, with deep bias effect, finished with wide ruching and dust in colors, such as black and white, purple and . $1.98 en'se and Escurial Lace Collars, the cape ide—each AAAAA ANARA AL AARRARAARARARA AR ARRAR ARG ARRAARAAAL AAR R AR AR L AR AAA AN AR CAAR AR QAR A AR AR AAA AAVRRAN AR LR AR RAR AR A ARARA AR AAARR AR R AAR AR AR its committ e;. of wum but whether {raudulent when | -4 L, - 5 status at the present - - - - : oy ,‘,,,}121‘:)7{ \\L s y\\r<i A tf“;;‘j“r_fig RARER CANNR QAR CARTRR R s mumam«wnnmmw.ammnw.warm&m James B. Smith. Th t the wareh in the w h Warehouse Company than the is of off grain. uch as there duplicate | the matter of jurisdiction could be fur- ther considered with the aid of the at- torneys on both sides, Attorney Freiden- rich combated the position taken by Ach water corporation did not do a mercantile business or follow mercantile pursuits. The law was laid down, so asserted Ach, that ““mercantile pursuits’” implied traffic PROMINENT GRAND ARMY MEN GIVE TESTIMONY Martin Murry Is Placed on Trial for | SCHOOL FUND ENRICHED BY STATE APPORTIONMENT Board of Education Will Have ity mow there in storage, in- bl i 4 | strongly. Ach had two demurrers. The | and general trading. . | € g good and bad in. (,lu’;'.i"‘q":-r":“;fill',d [ first represented the Pacific Coast Ware- | The case of the Chesapeake Oyster Obtaining Money by False $18,000 More Than Originally was also ascerta ed by the com- with the exception of | house Company, and was as follows: and Fish Company was declded by Dis- Pretenses. Calculated Upon. 1 visitation to the credi- Now comes the Pacific Coast Warehouse trict Judge Halleck, and the court held, The trial of Martin Murry, on a charge | The Board of Education will have about “o., that there are| Appended was a full list of warehouse | orporation, by _its attorneys. Ach, similarly to Judge Brown. - v v. P ;‘n cL;p‘“ held by showing in detall dates issued. | fonsy Ach Esq. oy Peter P Dunne Exq.. and g;_oh:aslir::_hand sy Comm:‘. of Ont | oF o‘blninmflf r:wne) from “‘.l i 2 iarralt §18,000 more ‘to spend this fiscal year Co.’s creditors calling for ¢ and amounts, and also ap- f‘;m;é"f,(‘};-xlnun:;‘-‘.‘-‘:»nm ed herein and for| .go was also declared not to be in the & Co., by falsely representing that he | than originally calculated upon. Secre- statement presented to the cred- | Emmet PBarrett received advices e i : . b o v authorized to procure subscriptions | tary f grain and only 3200 tons of s 5 . 5 That sald petition does not state facts suffi- | general bankruptey class. Dok s | tary are on hand. The committee | a creditors’ meeting, showing | "t yartunt an adjudication of bank- SPEAKS FOR CREDITORS. to defray the cost of a banquet to the | from the State Controller yesterday that " of all the receipts held by all e | Cop s e patitia s b | Grand Army of the Republic In August, | the State apportionment for the second The commiites | XM and in tieconboy. S cotmmity ] e e has no Jurtsaloti a Mr. Freidenrich tried to show that the | gag commenced before a jury in Police | installment would be $235,000, whereas the rs except one. a recommendation that all the pa- be placed in the hands of the Dis- Attorney and that the entire mat- left for him to represent to the as received a 0ne of s reliabie. s has reached the ears bers of the firm of Ep- is the most interesting Your committee to whom was referred the lure of Eppinger & Co., after District Attorney, vi 1s creditors of that firm in this from » appeared in the United vesterday and pre- a technicg] nature that sension of the contempt pro- edings .,ga nst Herman and®Josua Ep- pinger for twe WORK OP GB.AND JURY. local Grand Jury yesterdey receiv- Stor has meld receipts since Mas ns in the Pacifi is actually In these warehouses at the present time of both good and bad grain com- bined. The warehouse recelpts I of 20481 tons cover & pe od from July, 11, 1903, and, according to the present Hock on hand, would therefore seem to have 1902, The ADVERTISEMENTS. 'BUDWEISER The Standard of Excellence holds first place In that period 1,310,000,000320T2LES have been sold. More than all other beers combined. It has rightly earned the title “ng of Bottled Beers.” Orders promptly filled by 4 ' ZILLMANN & BENDEL, Pacific Slope Distributers, = being 1525 tons in excess of | ued for the balance | i | { i | | | | tee says in conclusio Your committee recommends that all papers | erewith be placed in the hands of the Dis- trict Attorney and the entire mi lett in his hande for presentetion to the jury at a later | period presentation to make at that time. ACH SECURES DELAY, ‘Herman Eppinger, president, and Josua Eppinger, secretary of the Pacific Coast be punished for contempt, hid behind a sperfect spider web of legal technicalities. Henry Ach, their attorney, wove the web. Its warp and woof were fine. abounded in wise and curious instances. 1t other extremity by total denial of the jurisdiction of the Federal Court to act. It proved sufficlent to secure a delay of | two dave. Judge de Haven was on the bench. Lawyers representing the various finan- clal interests that are concerned in find- ing out some head or tail to the snarled up affairs of Eppinger & Co, and their Pacific Coast Warehouse Company were present in force. Josua Eppinger was also there. Around the long tables were gath- ered Attorneys Freidenrich, Lilienthal and Sutro, Receiver Wadsworth and a fringe ot bankers, whose pockets and hearts had been touched by the operations of Eppinger & Co. Ach alone represent- ed the Eppingers. Herman Eppinger was not in court. Ach was long in getting in all the kinks proceedings ,proper. No visible progress was made taward getting into the hands of the recelver of the Pacliic Warehouse Company the book that Is supposed to tell all about what has been done with e grain that has been received by the ppingers and has been spirited away from under the moses of the creditors, leaving them in the lurch. “The objection that the court has no jurisdiction,” said Judge de Haven fin- ally, after listening to long argument, “would be a complete answer to the order to show cause. If the court has no ju- risdiction it would have no right to com- pel any person to deliver the books. I will take the matter under advisement. Let the counsel have two days aplece to prepare authorities in the matter.” Before the court decided to walt until | | | | ;(n“mn aid court has no jurisdiction of said 12 | pointing a receiver and all the proceedings had a demurrer as one beam from |&nd vold and that the court is without | which to hang and held on tightly at the | was directed to take possession of any imatter in bankruptcy as against said Pacific Coast Warehouse Company. Wherefore respondent prays that said peti- | tion De dismissed and the rule discharged. Ach then read demurrers of Herman | Company. In his demurrer Josua Ep- pinger alleges that the court has no juris- diction in the matter; that it does not ap- pear from the petition on file that the | respondent is a corporation of a character bankruptcy matters and alleges that he informed by counsel, that the order ap- | is advised and Iearned in the law, had in said matter are absolutely nuil jurisdiction. He also alleges that the order to show cause was inadvertently made and that the order was not based upon any peti- tion sufficient to warrant the issuance of the order, in that it does not appear from the order that he, Josua Eppinger, at the time of the alleged demand upon him, was in possession of any book or books of the Pacific Coast Warehouse Company, nor does it appear from the affidavit on file or from the order appointing Henry ‘Wadsworth receiver, that the last named books of the Pacific Coast Warehouse Company, nor does it appear that Wads- worth qualified as receiver. The demurrer of Herman Eppinger is practically In the same lahguage. Mr. Ach read a number of authorities to show that Judge de Haven lacked jurisdiction. Concerning the classes over which the court has jurisdiction in bankruptcy pro- ceedings, he made the claim that jurisdic- tion is only over manufacturing, publish- ing, mining and mercantile corportions. The petition of the creditorsset forth that the Pacific Coast Warehouse Company was doing a warehouse business, being engaged in receiving grain on storage, such as barley and wheat, and issuing warehouse receipts thereon. He therefore asserted that this allega- tion in the complaint put the Paclfic Coast Warehouse Company outside of the class of corporations specified in the Federal statutes. He read the declsion of' Justice, Brown in the case of New York vs. the Westchester Water Company, where the court found that a- petition stated that Recelver Wadsworth had qualified for his position. He also | said the only serious question presentéd by the attorney for the company was the question of jurisdiction, and if the court ties on the point. He thought it best to ascertain the question of jurisdiction at the very outset of the case, as the whole proceedings were based on it. He fur- Company, and under the taw, he is charged with the duty of keeping the books. “This assumption is,” said Mr. Freiden- rich, “that being custodian of the records, he should be in possession of the books, | and Herman Eppinger is the executive head of the corporation. If these books are in existance they are within the con- trol of one or the other. We therefore submit no answer has been made to this order to show cause.” Ach was visibly elated by the tempor- ary victory that he had won In securing a delay. He had fired a telling shot at the attorneys for the creditors just when they were not looking for one. But if Ach was bland and smiling not less complacent ap-- peared the other attorneys when the pro- ceedings for the day ended. Each hied away to his law office to put in his time reading up authorities and to consult with his clients. In the crowd that gathered in the court- room yesterday before Judge de Haven were many citizens who are not finan- clally concerned in the outcome, but Eppingers revealed possibly in the light of culprits. They were a little dazed at the turn which the proceedings took. In the background now stand the Ep- pingers wondering how the battle royal between the legal lights will terminate and whether jail will yawn for them if the grain warehouse grain book Is not finally produced. it O 1 A Stole Roses in the Park. Diego Abramovich was arrested on Mon- day afternoon in the rose garden in Golden Gate Park. He had stolen a bouquet of the flowers. He was released on $5 cash ball, and when the case was called in Police Judge Mogan's court yes- terday he falled to appear and his b.u was declared forfelted. i Judge Mogan's court vesterday afternoon. | Attorneys Salomon and Dibble are con- ducting the prosecution and the defend- ant is represented by Attorney Philbrook. Attorney Philbrook raised an objection | | ground of its faulty construction, but the Judge, although admitting that it was in- artistically drawn, overruled the ob- Jection. Co.; W. T. Toothaker, who swore to the complaint; Major General Shafter and Colonel Roberts, commander in chief and adjutant general respectively for Cali- fornia department of the Grand Army, and J. B. Bowles, quartermaster of Lincoln Post, who produced the records | of the post showing that the defendant had been stricken from the rolls of mem- bership on December 27, 1894, for non-pay- | ment of dues and had not been reinstated. The case will occupy several days. B — NEW YORK, Juhe 16.—Charles Frederick ! Durham, a large property owner and interested in several mines in Mexico, where he lived for several years, Is dead at Mont Clair, N. J. | June of last year. | board figured that it would be but $250.- 627 65, which was the amount received in The first installment last January amounted to $525.478 4 which, added to the amount yet to be re- a ater : i . - ‘ . of the repcrt of the Grand | The Grand Jury will meet Friday and | Eppinger, president, and Josha BODISSD | was in doubt on the proposition, he would | 5 he complaint, which was drawn up by | ceived, will total nearly §1%.000, which — R the District Atiorney may have some|secretary of the Pacific Coast Warehouss | 158 10 207 70 "o 00T reqeri ‘quthori- | 10, the complaint. which was arawn up the city will receive from the State for the support of the local school depart- ment. The Board of Education and Super- intendent of Schools Langdon were b as been developed in the past W one exception, recelved Warehouse Company, hal ther contended that Josua Eppinger was|” myo witnesses examined were W. J.|all day yesterday giving oral examina- 1 het: ehouse receipts on pany, haled yesterday | o uri: vy ng the big falure ey had boen Jeat, Dte om | eourt to say why (hey should e | Over which the court has jurisdiction In | gecretary of the Pacific Coast Warehouse | Garrick, secretary of W. T. Garratt & | tions to ffteen applicants for teachers” positions who took the written test on Monday at the Girls’ High School. Thers are 182 applicants who will be examined orally by the board and the successful ones will constitute an eligible list from | which appointments will be made to sub- stitute positions. —_—————— Suit Against the Southern Pacific. Ransome E. Straight flled a suit yes- terday In the United States Circuit Court against the Southern Pacific Company to recover $25000 damages for alleged in- fringement of patent on an Improved air brake. Denson & Schlesinger and Joha H. Miller appear for the plaintiff. ADVER' Woman’s xpr— Is to love children, and no home can be completely happy without them, yet the eal through which the ex and aurks of quoted decisions that he de a number of technical obe - mot] &nd ha.S fOl' Dot X0 muake Lo posd algechuicalilis Joctions to the manner fm which i mhose :2;’;';,‘,,:,’;;,’;’.:’;‘2‘,.‘;";‘,‘;2;’;,{::, pectant her must Fass usually is l:ve:\‘:;' ¥ :;d“ulcxnmclem“n:tren::nly ';g ous papers had been drawn up by counsel | that promise more than a dash of spice so full of sufienng, anger and fear 28 years. {iegal, semblance” 1o bring - apour. .a | *% D8 SCICH iy g tng auryior| Doy, ey Shall meach e e R that she looks forward to the critical v v ch conte uty of d gathered expectin 0. see e ' delay. 8o there were no contempt |, AR CONENG 10t o TS proceedings. | ey, had & b hour with apprehension and dread. Mother’s Friend, by its penetrating and soothing properties, allays nausea, nervousness, and all unpleasant feelings, and mflptepares the system for the eal that she passes through the event safely and with but little suffering, as numbers have testified and said, “it is said, worth its weight in gold.” $1.00 bottle of Book containing valuable information mailed free. per Friend THE BRADFIELD REGULATOR CO., Atlanta, Ga.