Newspaper Page Text
MRS. GARCELON'S NATURE
Closeted Consultations to Pre
vent Knowledge of Her
WAS IT UNDTJE INFLUENCE?
Judge Stanly's Deposition Ended.
Some Light on Individuals In
The third day of the Garcelon trust con
test in the United States Circuit Court con
cluded the reading of Judge Stanly's
deposition as to his relations legally and
as a friend with Mrs. Garcelon during the
formation of the trust in 1891.
In the main, the documentary testimony
of Judge Stanly laid particular stress
upon Mrs. Garcelon's cautiousness in at
tempting to keep the proposed disposition
of her property a secret. The old lady was
the personification of secrecy in her prepa
rations and consultations as to her intended
bequests and the trusts deeds. And it is
this evidence of mucn private discussion,
often with Judge Stanly alone, that the
defense is expected to make much of in
their claim that undue influence was ex
erted over Mrs. Garcelon in the matter of
the distribution of her large estate.
Some interesting sidelights were thrown
upon the personality of this wealthy wid
owed sister of the late Dr. Merritt and
upon several individuals connected with
this case, to which several score of rela
tives and a college on the one hand and
some trustees and a syndicate behind the
Merritt nephews on the other hand are
All day Attorney Philbrook read rapidly
from the document, pausing only occa
sionally to moisten his throat or to make
:iote of some discrepancy between his copy
and that upon which Judge Hayne fol
lowed him carefully for the plaintiffs in the
case, Bowdoin College and the fifty-one
relatives of Mrs. Garcelon.
During his early consultations with Mrs.
Garcelon at her "house. Judge Stanly ex
plained to her the advantages of a deed
over a will in the disposition of the prop
erty as she intended it. He told her that
a deed would remain secure, whereas a
will in which she would dispose of more
than a third of her estate to non-relatives
could be successfully contested by rela
He then, at tier urgent requost, drew up
on November 14, 1890, a preliminary deed
of trust providing for a hospital in Oak
land that would be endowed with six
tenttis of her property, and Bowdoin Col
lege which would receive four-tenths, after
she had made provision for relatives. The
amount covered by the trust was set at
Judge Stanly had told Mrs. Garcelon
very authoritatively that he objected to
drawing up the deed because Judge Ham
ilton was her attorney, but she assured
him that she did not want Judge Hamil
ton; that he talked too much and that
there was a reporter in his family, and
that she wanted the disposition 6f her
property kept secret. Bhe added that
Judge Hamilton and Stephen Purrington
had nad a serious falling out and that she
must have the deed drawn up by some one
who was a friend of Punington.
Before the trust could be created the
relatives had to be provided for, and it
took many days to complete the list and in
crease the respective portions so that the
total would reach $250,000, the sum that
COLORED DRESS GOODS!
-A-t 8O Cents.
95 pieces 38-INCH ALL-WOOL SCOTCH CHEVIOT SUITING, in plaids, checks,
figured and bourette effects, will be offered at 50c a yard.
-A.t 78 Cents.
47 pieces 42-INCH FINE ALL-WOOL NOVELTY BOURETTE SUITING, newest
colorings, good value for $1, will be offered at 75c a yard.
32 pieces 46-INCH EXTRA SUPERFINE ALL-WOOL ENGLISH CURL PLAIDS
elegant assortment, fine value for $1 50, will be offered at $1 a yard.
29 pieces 44-INCH SUPERIOR ALL-WOOL ASTRACHAN SUITING, two-toned
shading, extra value for $2, will be offered at $1 50 a yard.
-A.t 8S Cents.
52 pieces 50-INCH ALL-WOOL NAVY BLUE STORM BERGE, in cheviots and di-
agonal effects, value for 50c, will be offered at 35c a yard.
-A.t SO Cents.
47 pieces 44-INCH FINE ALL-WOOL ENGLISH DIAGONAL NAVAL STORM
SERGE, in navys, garnet, brown and green, fine value for 75c, will be offered at 50c
a yard. -;;.• - ;^ ; •V \*
-A-t 7S Cents. |J
45 pieces 48-INCH ALL-WOOL INDIGO STORM SERGE, in plain and fancy weaves
- value for $1, will be offered at 750 a yard.
BLACK DRESS GOODS!
.A.t 28 Cexxts.
2 cases 39-INCH FIGURED ALPACAS, extra good value for 50c, will be offered at 25c
■"•. a yard.- ■ : ' ■ !**-t-t j. . ;v-»;r,-. :
. -A.t '2S Cexxts. •
2 cases 38-INCH FINE ALL-WOOL FRENCH SURAH SERGE, worth 50c, will be
offered at 25c a yard. *
.A-t 4O Cexxts.
2 cases 46-INCH EXTRA HEAVY ALL-WOOL FRENCH CASHMERE, extra good
value for 60c, will be sold at 40c a yard.
____ . „„ , -^"* 8O Cexxts.
2 cases EXTRA FINE ALL-WOOL FRENCH HENRIETTA, regular value 75c, will
be offered at 50c a yard.
■^ '.■■'■ ■^■■v.At.SO Cexxts.
2 cases 42-INCH EXTRA FINE FIGURED ENGLISH MOHAIRS in a variety of de-
signs, extra good value for 75c, will be sold at 50c a yard.
UIJ Murphy Building, /
Market and Jones Streets.
Mrs. Garcelon had decided on for that pur
pose. She did not know all her relatives, par
ticularly tne younger generation. Most
of them lived in Maine, and at first she
had $2000 and $200 as the limits of their
individual p ortions. She believed that any
one that had $5000 was a rich person, and
that in Maine people were wealthy on com
paratively little. She cited her early mar
riage experience and declared that they
used to live on $500 a year.
In response to Judge Stanly's suggestion
that she might divide her college bequest
between Bowdoin and the State University
she said, "No, not after the way they
treated my brother as Regent." To another
cautious inquiry put forth by the Judge
she made reply "that her list of legatees was
complete, and that she had purposely
omitted Miss McClellan ; that her brother
had done enough for her. To this Judge
Stanly replied that in living with Dr. Mer
ritt ibr twenty years Miss McClellan had
necessarily isolated herself and had for
feited any prospect of marriage because of
those relations, and that in consideration
of that he believed she ought to be given
something. But his suggestion did not
avail. After that Mrs. Garcelon heard that
Miss McClellan knew that she was not
mentioned in the will and that Captain i
Franklin Purrington knew he was left out
also. She immediately demanded an ex
planation of Samuel Purrington and
Judge Stanly as to the source of the
secret which was known to herself and
them alone. Inquiry proved that Miss
McClellan had got her "tip" from a spirit
medium, but it was not known whether
Captain Purrington also got his from
Captain Purrington had been seen by
Judge Foote drinking in a saloon, and
when Mrs. Garcelon heard of it she de
clared he could never on that account be
one of her trustees, as she had intended he
should. Then Mrs. Garcelon again urged
Judge Stanly to be one of her trustees,
and he told "her he would not serve for
$50,000; that he could not do it without
neglecting his business prospects. Later,
in April, IK9I, she sent Stephen Purring
ton to Judge Stanly's office in this City
with the repeated request that he serve,
offering him $25,000 for his services. He
again declined, but after much urging
from Purrington and an additional offer
by him of all the fees and of no responsi- j
bility as to the details of management, he j
consented, and received the $25,000. But j
all collections and business pertaining to
the trust were attended to by Purrington. j
who came to Judge Stanly only for final !
Judge Stanly's firm received $1000 for
drawing up the trust deeds.
Mrs. Garcelon complained that "charity
mongers" were trying to kill her off, but
she said that she was good for ten years
more. The charity nuisance had become
so great that she was in the habit of throw
ing scores of unopened letters into the
waste basket, reserving only such as had
Maine postmarks and might be from rela
tives. In order to put a stop to these so
licitations for financial aid she directed |
immediately upon the formation of the
trust, that the fact be published and char
itj r mongers warned.
In regard to a certain legislative act
passed in March, 1891, regulating the dis
position of property by persons of old age ;
or possible mental inability Judge Ham- i
ilton told Judge Stanly that he believed j
the act had its origin with some enemy of
Mis. Garcelon and that it was aimed di
rectly at her. At the time an anonymous ■
copy was mailed to Judge Stanly's office.
~ Captain Franklin Purrington had given ;
up for a year his profession upon the sea j
to live with his wife, child and maid at ]
Mrs. Garcelon's home, receiving in addi- j
tion to the maintenace of his family a
salaty equal to his pay as captain. But he
began to have aspirations, and broached
the subject to Judge Stanly, saying that |
he thought Mrs. Garcelon ought to give j
him $50,000 in consideration of his aban
doning his marine profession. When, i
however, he made the proposition to Mrs. !
Garcelon she told him he had better go i
back to sea, but that she woula like to have j
his wife and child remain with her. It was j
on this that Mrs. Garcelon requested Judge '
W[f Murphy Building, J
Mariet and Jones Streets.
THE SAN FRANCISCO CAJLIi, TUifiSDAY, OCTUJSJSK 15, 1895.
Stanly to remove Captain Purrington's
name from her will and from the list of
her trustees and substitute the name of
Harry Merritt. Just a little while before
her death, late in December, 1891, she
asked what had been done toward taking
Captain Purrington out of her will; that
she wanted him left out.
On the day of Mrs. Garcelon's death,
Judge Stanly advised Judge Blake that a
syndicate would be formen to break the
trust, and that he had better notify Bow
doin College to have someone out heie to
look out for its interests. Judge Blake
was a graduate of Bowdoin and a personal
friend of the president, and it was due to
these relations that the firm of Blake, Wil
liams & Harrison became th« attorneys for
The litigation is to cost the numerous
heirs nothing. Judge Garber, acting for
them, will receive his pay from whatever
amount the court may award as expenses.
To-day the case will be continued. Judge
Hayne will briefly and formally close for
the plaintiffs, and the defense will then re
sume its case.
THE TOWER ATTACHED
Why the Tali Iron Structure In
Golden Gate Park Still
Creditors Who Were Not Paid Noti
fied the Commissioners Not to
Take It Down.
One of the monuments that remain to
remind visitors of the spot where the Mid
winter Fair was, is the tall structure which
was down on the bills as "Bonefs steel
electric tower." The iron column, with its
elevator that carried passengers to a point
210 feet above the ground, was one of the
concessions. The syndicate that projected
it paid the Midwinter fair management
$5000 before breaking ground for the foun
dation. The structure was put up— on
credit— but it did not prove a financial
"The time came when the Park Com
missioners thought that the tower ought
to come down, just the same as other
structures that have been removed," said
Commissioner Austin yesterday, "but they
were served with a notice from Sullivan &
Sullivan, attorneys, to the effect that the
Sheriff had levied an attachment on the
tower, and that if the Commissioners un
dertook to remove it they would be held
responsible in'the amount of the attach
ment. I understand that a man named
Goodman, who built the foundation, has a
claim for $700, and that Ignatz Stein hart
holds claims against the tower for some
$7000. The whole thing is not worth more
than old iron.
"Of course," continued Commissioner
Austin, "that notice can have no weight
with us, as this is public property and we
have the right to remove any obstruction
from it, but as it is not in the way just
now aDd no work is being done in the
grand court it is allowed to remain."
The Commissioner intimated that when
the proper time comes the Commissioners
will find means to have the tower removed.
Tax Collector's Report.
Tax Collector Block has filed his report for
the fiscal year ending June 30. It shows that
the collections were as follows: On real estate,
including penalties for delinquencies, $4,086,
--152 87: on personal property, including de
linquencies, .¥913.267 55; taxes of previous
years, $10,933 43; duplicates and overpay
ments, $1575 54; Dupont-street widening as
sessment, $76,808 65; advertising and fees,
$3204 66; t0ta1, 55,091, 942 70. ihe expenses
of the office, including salaries, amounted to
We begin another week of the most successful Fall season in years
with a special offering of DRESS GOODS, SILKS, RIBBONS, GLOVES
UMBRELLAS AND HOSIERY that is bound to keep us the rush of
customers now daily attending our GREAT OPENING SALE OF NEW
FALL DRY GOODS AND CLOAKS, for this offering comprises a great
variety of THE LATEST AND MOST FASHIONABLE GOODS and in-
cludes a number of GIGANTIC SPOT CASH PURCHASES which we
secured at discounts that enable us to offer our this week's patrons
THE GREATEST VALUES EVER KIM TO THE TRADE!
At \2% Cents.
No. 12 ALL-SILK BLACK SATIN AND
GROS-GRAIN RIBBONS, 2 inches
wide, will be offered at 12J^c.
At 15 Cents.
No. 16 ALL-SILK BLACK SATIN AND
GROS-GRAIN RIBBONS, 2* inches
wide, will be offered at 15c.
At 2O Cents.
ALL-SILK BLACK SATIN AND GROS-
GRAIN RIBBONS, 3 inches wide, will
be offered at 20c.
LADIES' 26-INcH GLORIA SILK UM-
BRELLAS, Paragon frames, Dresden
handles, yalue $1 50, will be offered
LADIES' 26-INCH SILK PARASOLS,
with Paragon frames, natural Dresden
and metal handles, will be offered at
GENTLEMEN'S GLORIA SILK UM-
BRELLAS, 28-inch, with horn and
Prince of Wales handles, will be offered
GENTLEMEN'S SILK UMBRELLAS, 28-
-inch, with natural handles, silk covers,
will be offered at $3.
mlf Murphy Building, ■/
Market and Jones Streets.
TROUBLE IN THE JUNTA
Daggett Is Sore Because Pop
per Controls the Watkins
DIGGING UP RECORDS BEGINS.
Some Men and Indications That
Partly Measure Buckley's
Max Popper's resurrection to a new
Democratic leadership in the cause of po
litical purity was tne newest thing dis
cussed with interest when local Demo
crats met about town yesterday.
As told in The Call yesterday Popper
has suddenly become an active and influ
ential member of the political firm of
McNab & Co., which is about to reorganize
out of the party many Democrats who
could not endure the presence of a Buckley
man in it. McNab, Popper and Braun
hart are now the leaders of the Junta that
are in view. Rainey, Daggett and Wel
burn are the other anti-Buckley leaders,
but they keep in the shade and say they
are out of local politics.
It was said yesterday that Daggett has
had his back up ever since he read the
names of the twenty-five reorganizes in
the general committee selected by the
Junta and appointed by Chairman Wat
kins the other day to act with the Deuprey
committee. He is indignant and friction
may result. He is said to have looked
over the list, frowned at the fourth name,
frowned deeper at the sixth, exclaimed,
"Wellibehang!" when he saw "E. P. E.
Troy," and to have been in a. towering
rage when he got through and summoned
his man, ex-Senator Arms, from his job
in one of the departments of the Mint.
"Bay, Arms, who are all these fellows
and what do you think of 'em?" Daggett
is represented as asking.
"Watkins, Harney, Denman, Leggett--"
"Yes, Leggett," sniffed Daggett.
Joseph Leggett has the honor of being
Congressman Maguire's law partner.
"There's Harney, Denman, Leggett ana
Merle of the seven at large — everv one Pop
per men, ain't they?" observed Daggett.
"Yes; and it's a magnificent selection— l
don't think," said Arms, as he ran his eye
over the list.
Now Daggett and Popper are bitter ene
mies, the enmity dating from some past
convention and being greatly intensified
by Popper's reported efforts at Washington
a year or so ago to discredit Daggett with
the administration. As Daggett and Arms
analyzed the list they found about nine
teen especial friends of PopDer, Senator
Fay and other of Daggett's enemies in it
and the Mint Superintendent pulled his
whiskers and cussed. He saw Popper's
handiwork in the committee and Popper's
risen influence in the field where he and
Sam Rainey were leaders.
That explains the storv, "Daggett's
kicking." It is said that he has plainly
declared that it was displaying very little
consideration for him to put the frienris of
his enemies on the committee, and Max
Popper has his special antipathy. How
ever, as Dajrgett works directly with
Rainey and McNab and as it is not neces
sary for Daggett and Popper to personally
consult, the two may continue to pull
together for the common cause, because
they hate Buckley more.
The Buckley men are waiting with in
At 15 Cents.
100 dozen LADIES' BLACK COTTON
HOSE, double heels and toes,
Hermsdorf black, will be offered at
15c per pair.
At 25 Cents.
120 dozen MISSES' FINE RIBBED
BLACK COTTON HOSE, double
knees, heels and toes, onyx fast
black, will be offered at 25c per
pair, all sizes.
At 25 Cents.
110 dozen LADIES' REAL MACO
COTTON HOSE, high spliced
heels and toes, black and tan
shades, will be offered at 25c per
At 33 1-3 Cents.
90 dozen LADIES' RICHELIEU
RIBBED LISLE THREAD HOSE,
high spliced heels and toes, fast
black, will be offered at 33^c per
At 5O Cents.
75 dozen LADIES' FANCY REM-
BRANDT RIBBED LISLE
THREAD HOSE, black boot and
colored top combinations, will be
offered at 50c per pair.
At 35 Cents.
75 dozen LADIES' BLACK CASH-
MERE WOOL HOSE, double
heels and toes, good value for 50c.
At 5O Cents.
50 dozen LADIES' BLACK CASH-
MERE WOOL HOSE, high spliced^
heels and toes, also extra large
sizes, will be offered at 50c per pair.
[fljr Murphy Building. /
Market and Jones Streets.
terest to know just what and bow arbi
trary and revolutionary, as they term it,
the next move of the reorganizing Junta
will be. They now clearly foresee a big
factional contest before the State Central
Committee ana possibly in the next State
convention, and they are planning ahead
and seem as confident as are the Mc-
A foreshadowing of some future popular
delights is contained in intimations made
by several leading Buckley men yesterday
that several of the McNab purists have
political records that are now being pol
ished up for use, when there arises the
direct issue of whether or not the party
shall be wholly handed over to them be
cause they represent all the decency in the
party, and whether or not a powerful wing
of the party is to hare any voice or con
sideration. They want to know if Sam
Rainey is so much purer than Chris Buck
ley that the people who are hand and
glove with him should be given every
thing. They ask if a very great majority
of local Democrats, whether they are in
sympathy with Buckley or not, are going
to heroically back up a lot of fellows who
have axes to grind. The Buckley men
realize that the present strife is not charac
terized by motives of towering nobility on
either side, and that the rank and file are
showing a disposition to let the politicians
fight it out. They are staking everything
on a future showing of strength in a fight
where might will mainly rule, and "organ
ization and numbers" broadly comprises
the Buckley policy.
Buckley's strength in the general com
mittee lies mainly south of Market street,
naturally. In the districts from the
Twentv-eighth to the Thirty-sixth inclu
sive, BucKley is asserted to have collec
tively a good majority. The rest of his
committee strength is scattered.
The Occidental Club's plan of organiza
tion has been steadily carried out during
the past six weeks. A club is organized in
every district composed of carefully
selected representatives of every precinct.
These clubs are now nuclei which it will
be the effort to enlarge. A majority of the
members of the general committee have
jobs— municipal, State or Federal— and the
Junta has the fellows with jobs. Buckley
has the outs and many district influences
that are effective with the boys and in
rounding up the kind of votes that most
determine primary elections.
While Buckley is thus working cun
ningly downward he is working as shrewdly
and as quietly upward. Well-known men
give his faction prestige. The Buckley
men say little when McNab cries "stew
bums," and when all influences opposed
to Buckley cry him down as a false alarm
with not a leg to stand on.
Buckley's strength and the men who
turn to him will t>e of constant interest.
At the meeting of the Occidental Club the
other night Attorney John H. Miller of
Langhorn & Miller and Reel B. Terry,
Sands Forman, Porter and Will Aahe, At
torney Joseph Rothschild, Dr. Regan A.
T. Spotts, J. J. O' Byrne and James H.
O Bnen were among the well-known men
present. A. J. Clunie, C. H. Haswell (late
candidate for Railroad Commissioner), Dr.
Stanton, Henry Asche, Judge Levy, J. C.
Nealon. Sam Newman, P. F. Dundon,
Fleet F. Strotber, Recorder Thomas J.
Glynn, J. J. Flynn, John Morton, Harry
Wise, Thomas Ash worth, D. H. Bibb and
Peter F. Dunne are among those more or
less openJy and cordially in sympathv
with Buckley Then there are General
Manager P. Noble, the ex-Supervisor, and
Foreman L. J. McMann of the Pacific
Rolling Mills, who are strong polititical
influences and control many votes at the
Potrero. Among others reckoned in the
Buckley camp by Buckley men are Dr.
William McCarty, once of the Board of
Health. E. P. Cole, George R. B. Hayes,
Charles L. Ackerman, Horace G. Platt
(Buckley's attorney), W. B. Wilshire,
Frank Lester and others.
These things indicate the strength that
Buckley is attaining in the party and the
possibilities of a red-hot row when a Junta
tries to throw overboard wholly this fac
tion. " •
R. P. Hammond, president of the. Demo
cratic Societies of California, wants to call
LADIES' KID GLOVES!
At 75 Cents.
2000 PAIRS 8-BUTTON LENGTH
MOUSQUETAIRE UNDRESSED KID
GLOVES, colors tan. slate and brown,
also black; regular value $1.25, will be
offered at 75c pair.
At 9O Cents.
2000 PAIRS 5-HOOK KID GLOVES,
(Improved Foster Hooks), colors tan,
brown and slate, also black; regular
value $1 50, will be offered at 90c pair.
At 90 Cents.
1800 PAIRS 8-BUTTON LENGTH
FRENCH KID GLOVES, colors ton,
slate, navy, brown and green, also
black; regular value $150, will be
offered at 90c pair.
1500 PAIRS 8-BUTTON LENGTH
MOUSQUETAIRE UNDRESSED KID
GLOVES, colors tan, slate and brown,
also black: regular value $1 50, will be
offered at $1 00 pair.
1200 PAIRS 8-BUTTON LENGTH
MOUSQUETAIRE UNDRESSED KID
GLOVES, colors tan, slate and brown,
also black; regular value $2 00, will be
offered at $1 25 pair.
At 75 Cents.
1000 PAIRS 16-BUTTON LENGTH
MOUSQUETAIRE UNDRESSED KID
GLOVES, colors tan and mode, also
black; regular value $2 00, will be
offered at 75c pair.
1000 PAIRS 30-BUTTON LENGTH
MOULQUETAIRE UNDRESSED KID
GLOVES, colors tan, mode and cream,
also black : regular value $3 00, will be
offered at $1 00 pair.
\tl\o Murphy Building, J
Market and Jones Strsets.
a convention of the organization in this
City within the next four or five weeks
and is consulting other leading members
During the last campaign this organiza
tion represented 720 clubs and 39,000
votes in the State, and about 1100 delegates
attended the convention held in Metro
politan Hall. A. T. Spotts is secretary and
W. D. English treasurer of the State or
NEW PRIMARY LAW.
Its Possible Overthrow a Matter of
Craat Present In
Amid the Democratic factional fight for
the control of the party machine and its
aid in controlling conventions, there is
being kept in view by both sides the new
primary law passed by the last Legislature.
There is widespread doubt as to whether
or not the new law will govern the local
primary elections of the coming campaign.
If the law is upheld by the Snpreme
Court the delegates to the conventions !
and the members of the bodies governing j
the parties will be selected by a fair and !
open election, over the management and I
result of which party machines will have j
little or no control. If the law is over- j
thrown the conditions vrill be the same as !
they have been, and the party machine j
will be the main thing needed. Tjnder the j
new law each faction would have an equal
chance, and -he majority would govern.
Party factions would sustain the relation
to each other that parties do to each other.
Without the :aw the faction in power can
control a primary election or select its own j
delegates and members of the party gov- ,
eminent without any primary election at I
all, as the Democrats did last year.
There is much misunderstanding and i
lack of any understanding about when and i
how the law will probably be tested and i
the grounds upon which it will probably I
be attacked. There is no question that it !
will be attacked before the Supreme Court, j
but as it is a popular law, well thought of
by the people, party managers who want
it removed are hesitatingly waiting for
somebody else and some other party to !
make a move. However, those who are In '
favor of the law are equally anxious to j
know whether or not it will stand.
It has been wrongly stated in several
papers recently that the law will be tested
in a few weeks. The law creating the new ■
non-partisan Election Commission is now j
pending before the Supreme Court and i
will be passed upon in a few weeks, but |
that decision will no* directly involve the I
primary law. No movement to test the
primary law has been bogun or settled
upon in any party, and no definite proba- I
Many who are interested, both in favor '
of and against the law, fail to see how it
oan be brought to judicial notice before !
next January, when the first steps, under <
the new law, are required to be taken. It !
is likely that as early as possible some j
clerical act under the law, involving the i
payment of a warrant, will be performed
by arrangement, and then a writ of prohi- I
bition, or some other order of court, will be j
The opinion seems to be general among
lawyers of aIL parties wtio have studied it,
that the Supreme Court will declare the
law unconstitutional, and its friends ex
press anxions doubts about it. Several
points for legal contention are mentioned,
but there is but one point considered of
vital importance, and that is that the law
is special legislation, of the kind expressly
prohibited by the constitution. The law,
as originally framed by some able lawyers
and as introduced in the Legislature, was
a general law, applicable to the whole
Representatives of many interior and
mountain counties where it was not espe
cially needed and on which it would im
pose much additional expense and compli
cated labor were opposed to it, and to se
cure the law for this City and Los Angeles
Martin Kelly and other promoters of the
measure agreed to an amendment making
the law apply only to counties of the first
-A-t 4O ' Oents.
60 pieces COLORED MOIRE SILK, regular price *1, will be placed on sale at 40c a yard.
J»k.t 4S Oents.
30 p !s^ e <s^ T bJSS A j l ig-. i as.'Siff •• in datk "* liBht '*"««• «v
u3Lt 65 Cents.
" P Sffi I b.* A A^j: Mi <*«•-«• e«.ct,re B alar price ,sc,
At OS Cents.
16P l'S^ L pf.?5^S, R a E . D 65c SA S. !mall and medi " m P««B6c
-/%.,-f: 7B Cents.
i 2S,S.™ S!I ' B " 11 -'' quality, regular price *i, Mb.
-A.t 88 Cents.
40 pieces DRESDEN TAFFETA SILK, very latest desien forladi>«» •'""■ «*-»
. price $1 10, will be placed on sale at 85c a yard. Walsta ' W B ular
At fill. 00.
BLACK DRESS GOODS.
40 tT^^f^^^ l^^^^.^^ regular », will . to
*" ftTJSS I^? 81 ™- SWTINGS ' MohaU •«■»■ «-* «*-« «i, .in b,
. -.'■■■■■' . . -A.t 75 Cents.
40 pieces 54-INCH EXTRA HEAVY ALL-WOOL SCOTCH CHFVinTQ 4
value for $1 25, will be sold at 75c a yard. ov^^** CHEVIOTS, extra good
jn . -A-t 61- 00.
40 P sold atfl I a N y C a?d. ALL ' W ° 0L FRENCH CREPONS ' »>od value for ,160, will be
':,;J ; -^ ; At 61. S3. . • ..'
40 pieces 44-INCH EXTRA FINE FIGURED ENGLISH NOVKT Tn?q ,
$1 75, wUI be offered at $1 25 a yard. vui aa jsv\ ifiLTIES, good value for
. "■— ■ -A-t 00. . ■
40 pieces 45-INCH MOST SUPERIOR GRADE FRENCH NOVETTTvq ,•«
of beautiful designs, extra good value for *2 75, wUI be sold at bayard* Yariety
■» if Murphy Building, X
Market and Jones Streets.
and second classes. Alameda just escapes
the second class. This amendment is
what is expected to kill the law.
The law provides a very elaborate and
carefully guarded machinery for pnmarjr
elections. It designates "State, "/'district
and "local" conventions to nominate can
didates for public offices and provides that
delegates to such conventions of all parties
shall be elected at a general primary elec
tion to be held on the second Tuesday m
July. 1896, and every two years thereafter.
The election day shall be a legal holiday
and so proclaimed by the Governor. im»
is one of the things in the law showing by
internal evidence that it was drawn as •
general law and was carelessly left un
changed when the amendment was tacked
° The preparations for and the conduct of
the election are similar to those pre
scribed in the Australian ballot law. lhe
expense, except for ballots, is a public
one. The Election Commissioners con
duct the entire election. In January thirty
voters of all parties must be selected in
each precinct and the selections publishea.
Before election names are drawn for a non
partisan board of election officers and pub
lished, and refusal to serve is a misde
meanor. The pay of election officers is
exemption from jury duty for one year.
No one may vot« at such primary except
citizens registered two years before ana
that in the particular precinct in wbicD,
they desire to vote.
A ballot-box shall be provided for each
party, a distinctive color for the 6 by 14
inch ballots shall be designated, the party
each voter votes for shall be registered,
challengers become officials, and the count
must be public. Many other rigid rules
are prescribed, A primary election is
made us serious a thing as a general elec
tion and the same penalties are prescribed
for offenses against its purity and freedom.
But it is asserted to be special legisla
tion, as it regulates and limits the elective
franchise in portions of the State in a man
ner different from that in the rest of the
State. It is noted by those studying the
matter that the Supreme Court has in a
numberof decisions construed laws strictly
within the spirit of the constitutional pro
hibitions of special legislation. The re
cent decision on the fee bill was one of
Section 25 of the constitution provides:
The Legislature shall not pass local or special
laws In any of the following enumerated cases,
that Is to s&y : • • • ,
Eleventh — Providing for conducting elec
tions or designating the places of voting, ex
cept on the organization of new coun
ties. • • ♦
Thirty-third— ln all other cases where a gen»
eral law can be made applicable.
This provision is regarded as decisive,
and it is held by several attorneys to be
plainly evident that laws with reference to
the conducting of elections and of the ex
ercise of political suffrage are laws of gen
eral nature and must have a uniform oper
ation, in accordance with article I, section
11 of the constitution, "All laws of a
general nature shall have a uniform
operation." The constitution also pro
vides that there shall be no special legisla
tion regulating county business or the
election of county officers. The present
style of Election Commission was upheld
on the ground that the law creating it was
passed before the adoption of thenew c on
Another point that is made is that the
Legislature is empowered to classify
counties only for the purpose of regulat
ing the fees of county officers and it may
enact laws for counties by classes for any
other purpose. For this purpose the Leg
islature may classify counties by popula
tion, but the Supreme Court declared in
Walsh vs. Branilet: "This provision must
be made by general and uniform laws uni
formly applicable to all the couuties of the
Other legal snags are described by attor
neys, but this point of special legislation
is the main one, and doubting friends of
tne law are confident that the law would
stand but for the amendment which
limits its application to San Francisco and
Los Angeles. That is the situation and
bearing of the new primary law to date.
■rtX Murphy Building,
Market ani Jones Streets.