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MAY GET THE CONVENTION
San Francisco l 3 Spoken Of
.by Many Eastern Re
MEN IN MAINE WANT IT HERE.
Senator John M. Thurston of Ne
braska Reviews the Govern
ment and Its Policy.
"The location of the next Republican
National Convention lies between 'three
cities— San Francisco, Pittsburg and Chi
cago," said National Committeeman John
M. Thurston|)f Nebraska last night, in his
rooms at the Palace Hotel.
Senator Thurston i* at present on the
coast in the interest of the Union Pacific
Railroad, relating to the receivership on
'two appeals from orders made from the
State of Oregon. The question involved is
whether the old set of receivers or the new
shall pay certain bills of long standing
representing the sum of half a million
Senator Thurston represents the receiv
ers originally appointed for the system.
The second set of receivers were appointed
SENATOR JOHJST M. THXTBSTON OF NEBRASKA.
[From a photograph'] ...
seven months later for the Oregon Rail
way ana Navigation Company, a portion
of the property of the Union Pacific The
cases have been set for Wednesday and
Thursday, and will be argued before the
Court of Appeals for final settlement.
Mr. Thurston was inclined to be com
municative on matters pertaining to poli
tics, and stated that .loe Manley, one of
the National Committeemen from Maine,
had expressed the wish to him that San
Francisco might be the next convention
place of the Republican party, and that
many other members of the Eastern States
had expressed the same desire.
"As for myself," continued the Senator,
"I have not made up my mind. It is sure
to go to either Chicago, Pittsburg or San
Francisco, and any one of ihe three places
named would suit me.
"What do I think of the probable nomi
nee of the party? Well, my State is
rather inclined toward McKinley, but 1
hear Allison or Reed of Maine frequently
referred to as available and safe for the
party. Harrison, did you say? Never.
He is entirely out of the question. I be
lieve there was an attempt to work him
into the right, but it has apout given out.
Don't you recall that old line, 'Thou dost
protest too niuch.' That applies to Harri
son. He will never do."
"Will the Republican party give the
West a free-coinage plank?"
"Yes, I think so. One similar to the
plank of the last campaign; but I do not
think the Republicans or the Democrats
either will ever declare for the free and un
limited coinage of silver without regard
to any other country. I think the money
question will hfcve to be settled in such a.
way that there will never be any great
disturbance in money values. I nave
always thought that way and cannot see
it in any other light. So far as the politi
cal situation is concerned as a whole it is
a littie early to make any definite state
ments, as they would be somewhat in the
nature of conjecture."
"What is your opinion in regard to the
annexation of the Hawaiian Islands?"
was asked the Senator.
"I am heartily in favor of it. My prime
reason is because the group presents so
many advantages as a protection to the
western borders of the United States. It
would be found available in» case of war,
and would be a decided stronghold for the
government to possess absolutely. I be
iieve it is the first duty of the United
States to so adjust things that the country
will always be protected. Our navy should
be brought up to the highest possible
standard. Let it be as good as if not better
than any otner in the world. The result
of that would be to make trouble less pos
sible. No country cares to go into battle
with a powerful nation, and it is generally
the weaker countries that suffer the dis
tress of war. The better we are protected,
the less will be our annoyances at the
hands of foreign elements.
"Another thing that ought to be recti
fied is our foreign policy. America does
not take sufficient care of ,her Consuls
abroad, and we do not keep up the appear
ance that a country of this size should cul
tivate. EngJand, France, Germany and
other nations treat their representatives in
a way that at once creates and demands re
spect, but America is a little lax about it."
Mr. Thurston was temporary chairman
of the convention in 1888 over which 11.
LI. Estee of this City presided as perma
nent chairman. That was the convention
that nominated Benjamin Harrison.
Senator Thurston will remain in Cali
fornia about one week longer and will
then return to Nebraska. He was elected
to the Senate from bia State in March, but
will not begin to attend to his official
duties in Washington until the December
session.' He is accompanied by his wife.
They Say They Have Been linpoeed
Upon bjr the Quarry- *
A special meeting of the Granite-cotters'
Umon was held last evening for the con
sideration of two very important matters.
One was the change of the wage system
! ana the other was the handling of stone
from the Folsom quarry.
At the present and for some time past
i the granite-cutters have been receiving ?4
i a day for their work, and these waires have
1 baen paid to rapid and slow workers alike.
I The contemplated change is from wages to
I piece work at so much per foot. The rea
i sou for the proposed change is that every
i man shall be paid according to his ability.
A long discussion was held relative to
[ the rate to be charged, the desi.e of the
union being to establish such a rate that it
will not make any difference to the con
tractors. No decision was arrived at.
The other matter is of greater impor
tance to union granite-cutters, contractors,
builders and quarry-owners. Several years
ago there was a united protest of all union
men against handling rock quarried by the
convicts at the Folsom State prison, and
they won the light. Since then no trranite
has been handled by the union cutters ex
cept that which came from "free" quar
The proposed erection of the Affiliated
Colleges and the| gift of Folsom quarry
stone for its construction has started the
old question in motion again, but the
granite-cutters are taking a verv different
view of the question^than they did before.
A prominent union cutter summed up the
situation last evening in this way:
We hare about arrived at the conclusion ihat
we have been cutting our noses off to spite the
1 rest ot our faces, and the quarry-owners have
I been sharpening the knife tor us to do the job
I with. We have refused to handle or work
granite from the Folsoin quarry on the prin
ciple that the convicts were doing work that
should be done by free men, and the quarry
men spurred us oh in this Hue.
Now the fact is Uiis, that when the proposi
tion was made to build the Affiliated Colleges
with Folsom stone the four principal quarry
owners began to lay their plans to prevent this
being done. We are satisfied that they will go
so far as to use their efforts to have the college
roade ol brick or terra cotta rather than Fol
eom stone. This would not do us any good.
Now, what we propose to do is "to let the
proper authorities know that we will cut and
work stone taken Itom the quarry by convicts
rather than lei the job ro begging.
It is nothing in our pockets to lose the job to
this City by a short-sighted opposition, and we
don't propose to do it. We will make a fight
to have the stone for the college cut in this
Attorney Hanlon Talks Plainly
of Street-Paving Con
Combinations, Monopolies and Fa
voritism Froeiy Spoken Of
by the League.
The fight over the street-paving con
tracts given without competition in the
bids came up yesterday in judge Seawell's
court. Attorney J. C. Bates appeared for
i the Board o! Supervisors and asked to
quash the service of the writ of prohibition
and the writ of certiorari served upon the
I Board of Supervisors on the complaint of
the Jordan Bituminous Rock and Paving
Company and James C. Jordan.
Judge Seawell asked the attorney for the
Jordans to state the grounds upon which
he asked for a final v,-rit of prohibition and
for an annulment of the proceedings be
fore the Supervisors under the writ of
Charles F. Hanlon appeared for the Jor
dans. "This is an attack," said he, "upon
the combine between the Solid Eight that
exists in the Hoard of Supervisors and the
Superintendent of Streets. These men
have been adopting specifications for the
bitumimzing of streets in San Francisco
under such terms as preclude the Jordan
Bituminous Rock and Paving Company
from bidding, and not content with that,
they have let out work for which the City
must pay, without having a single com
petitor against their pet contractor.
"This favoritism has caused these con
tractors of the combine to charge exorbi
tant prices for their work; they charge
thousands o dollars more than other men
would do it for if they had an opportunity
to bid, and the bills now before the Board
of Supervisors on behalf of a few of these
contractors for work done under this svs
tem of favoritism represents only the be
ginning of what will take place
"In other words, the San Francisco Pav
ing Company has presented a claim for
one block only, calling for about $3500
If this passes they will present claims for
every block or the same street as thev srn
along until $60,000 of the City's fund is
"This is a downwright fraud upon the
property-owners, and the Vrootnan act of
1885, with its amendments especially pro
hibiting the letting out of any street work
to be paid for by the City or individuals
except by miblic conipetition, but these
Supervisors are ignoring all precedent and
all laws and are making an indecent attack
upon the treasury."
Several contractors interested were at
court, and it was claimed by J. C. Bates on
behalf of the Board of Supervisors that
the board had full power to order any work
done it saw fit without competition when
the work must be done at the City's ex
Judge Seawell asked this question of
Lawyer Bates: "Suppose the Board of Su
pervisors should enter into a contract with
a contractor to build a conservatory in the
City of San Francisco, there being no stat
ute providing for the same, could the City
be compelled to pay this expense?"
Mr. Bates said the City could. Mr. Han
lon contended that the City could not and
the matter was taken under advisement.
THE SAN FRANCISCO CALL, TUESDAY, OCTOBER 15, 1895.
JAPAN'S SHIPS OF WAR
Irving m. Scott Says America
Will Surely Build Some
$120,000,000 WILL BE SPENT.
The President of the Union Iron
Works Talks of the Land of
Irving M. Scott, the Pacific Coast ship
builder, has returned from Japan, where
he went some weeks ago to arrange for
some of the battle-ship contracts that the
Japan Government will soon let.
Having had a good deal of work and
business to burden him down, as well as
being held on board the China by the
quarantine officers for several hours after
she arrived, Mr. Scott went straight to his
home yesterday and retired to rest himself
for various duties that require his attention
Yesterday afternoon his son-in-law,
James N. Brown, was seen at the residence
of Mr. Scott and speaking for that latter
"He informs me that the Government of
Japan is not yet ready to let its ship
building contracts and will not be until
Parliament meets in February. Then the
appropriations will be made and the num
ber of cruisers, battle-ships and monitors
will be determined upon.
"How much money is the Government
prepared to spend "no its navy depart
"Well, I should say at a rough guess, or
so far as I am able to determine, about
$120,000,000, or the whole amount of in
demnity secured from China. England
will get some of the contracts, and Mr.
Scott says he is satisfied that the Pacific
Coast as well as the East will be successful.
General Williams, a representative of the
Cramps, was also there attending to the
interests of his firm.
•'Japan herself has made some good bat
tle-ships, but the most perfected vessels of
modern times cannot be manufactured by
them. I think it is safe to say that when
Japan gets ready to spend some of her
capital in ships of war the Union Iron
Works will get its share of business."
In speaking of the general appearance of
the country, Mr. Scott says that since he
was there fifteen years ago the romance
and poetry of the land seems to have been
driven out to make room for commerce
and foreigners. The people are buoyant
with pride and satisfaction at Having
whipped China on laud ana sea, and they
are now ready to take up arms against any
foe, big or little, foreign or civil.
While the cholera was worrying the peo
ple of the United States there were but
four cases in Yokohama and none in
Tokio. Newspapers from America brought
more news of the epidemic than the in
habitants of the said-to-be-alilicted settle
ments knew anything about. Since the
war the people have taken a renewed
energy unto themselves and the country
seems to be prosperous in every way.
'I heir industries are livening up and the
navy-yard is hard at work turning out the
best boats they are able to produce with
the limited knowledge of shipbuilding
Mr. Scott says he did not visit the yards
owing to the pressing business he had
with the Government. It was his inten
tion to do so, but he left before time was
THE OALirOENIA BANQUET.
Committee Complain of Meeting Oppo
sition From Several Merchants.
The committee of the California Ban
quet reports that nearly everything for the
banquet is complete. The sale of tickets
has not been as large as was hoped that it
would be, and it has been found that this
is partially due to the fact that the mer
chants who are selling Eastern goods
which come in competition with the Califor
nia products are making efforts to dis
courage the banquet.
The committee is receiving many in
quiries as to the manner in which the
ladies should dress, and they desire to
state that they expect some ladies to
appear in full dress and others in street
dresses and bonnets.
The Girls' Exchange has donated the
work on 400 souvenir boxes, which are to
be daintily hand-painted, and on which
are to be California mottoes and quotations.
A TEAMP TO THE HILLS.
Pupils of John Swett Grammar School
Have an Outing.
W. D. Kingsbury. the vice-principal of
the John Swett Grammar School, started
out last Tuesday, in company with seven
teen pupils, for a trip to Mount Hamilton.
The party was provided with four tents
and a camping outfit. A freight-boat was
taken to Alviso, where *the young men
were met bv wagons that took them to
Alum Rock, and from there they walked
to the top of the mountain. The famous
THE CHILDBEN'S OBCHESTSA.
observatory was thorouehly inspected.
The party was gone five days, and had a
The party consisted of W. D. Kingsbury,
H. Presley, Bert Holcomb. L. Hursh, G.
Meierdieks, W. Rider, W. Milroy, 11.
Corey, R. Forbes, H. Fowler, G. Wagner,
A. Perry, C. Mesenburg, F. Sullivan, P.
Lapman, J. Simmons, F.Soule, J.Lipman.
THE UNION OAEPENTEES.
Favorable Prospects of Organizing a
Building Trades Union.
The carpenters' unions of this City have
been, for some time past, gradually work
ing around for the centralization of all of
the building trades, and recent movements
show that their efforts will probably be
attended by success. The painters and
decorators are in favor of the move.
About the first step in this direction is the
centralization of all four unions and the
District Council in the Turk-street Temple,
and it is expected that before Jong all of
the unions will hold their meetings in the
Temple. There is now at that pluce a
strong and well-organized labor union,
where buildings workmen of all kinds can
The next move will be to endeavor to in
duce the plumbers, the bricklayers, plas
terers, roofers and other craftsmen to meet
in the same hall, where matters of interest
to all may be discussed. If this is accom
plished op.c of the strongest labor unions
in the world will bo formed in this City.
Another matter under consideration
amdng the carpenters' unions is the es
tablishment of a $3 rate as the minimum
of a day's wages. Previous to the recent
dull times a fixed rate was maintained by
the carpenters, but the scarcity of money
and work caused a break. Since then car
penters have been working for what they
could get. Nearly all of the union men
are in favor of re-establishing the old rate,
and as they have made the working card
so successful they are confident of their
success in this effort.
FIEE SUPFEBEKS' SUIT.
The City and the Water Company to
Meet a Demand for Thousands.
The suit mentioned some time ago as
about to be brought Jay the sufferers from
the big fire south of Market street against
the City and Spring Valley Water Com
pany is still in abeyance. It was an
nounced by the prospective plaintiffs'
attorneys yesterday that the suit would be
instituted in a very short time. One of the
causes alleged for the great damage done
was the inadequacy of the water facilities,
due to the small size of the mains.
The water company is replacing the old
mains with larger o:ies, as well as an in
crease in size of the laterals. What figure
this may cut in the suit to be brought is
not known, though plaintiffs' attorneys
say it will not serve in any way as the
purpose of a defense.
ALL LITTLE PRODIGIES
Rehearsal of a Novel Concert
for the Home for In
Musicians Above Twelve Years of
Age Are Considered too
Passe to Play.
A band of young men were wending
their way up the staircase of the Y. M. C.
A. building Saturday afternoon, when
they were overwhelmed with astonishment
to see twelve demure little maidens of
tender years, all dressed in long white
frocks, like Kate Greenaway pictures, walk
out of the elevator with ns much dignity
as if they and they alone owned the build
The youthful damsels entered the audi
torium and the young men went to the
office to ask in trembling tone£ whether a
kindergarten attachment to the Y. M. C.
A. "for ladies only" was the latest devel
opment of woman's rights. The clerk in
charge hastened to reassure them; He
said the little girls had come to the first
rehearsal- for the Prodigy Concert, which
is to be given at the Auditorium October
29 for the purpose of starting a building
fund for the King's Daughters' Home for
Incurables, and he added thatfrom rumors
be had heard he felt safe in saying the re
hearsal would be well worth attending.
At last the members of the orchestra
were grouped on the stage and the concert
ready to beerin. Mary, Susie and Dorothy
Pasmore, three little performers who were
not in long white frocks, appeared. Mary
I had a violin, Dorothy hopped on tne piano
stool, and tiny little Susie sat before a
'cello that almost hid her from the public
view. The three mites performed a trio,
arranged on two well-known airs, -. charm
ingly.' At its conclusion there was frantic
applause from the ushers in the boxes and
hearty hand-clapping from every one else
in the hall. ■ .-■■ ■ • -■ " - •■:'
The next performer was Theresa Ehr
man, a young lady who has reached the
mature age of 11 years. She played a
sonata by Haydn with the delicacy of a
little artist, and the applause that she so
well deserved broke out at the conclusion
of her work.
Then a very little girl, who had been
sitting demurely among the audience, took
the ptatform. As she mounted the music
stand the children whispered that her
name was Helen Dodd and that she was
very clever indeed. The little performer
proved the truth of this remark by play
a sonatina by Clementi with all the grace
and delicacy necessary for interpreting
that composer's work. While the ap
plause that the piece called forth was
going on the music-stool was lowered, but
all the lowering of which it was capable
would not bring Helen Dodd's little feet
to the level of the floor, though with the
tips of her toes she could just touch the
pedals of the piano. Under these con
ditions she played "The Shepherd Boy"
with such pretty phrasing that the little
ushers in the boxes reveled in the melody,
and one or two of them hung over the
railings to applaud, at the risk of pitching
out on to the platform and breaking their
Then Viola Sauter sang "Fiddle and I"
in a pretty mezzo-soprano voice that was
not strong, but sweet. Maud Muller gave
a recitation cleverly and Paula Wolff and
Elsie Cellarius distinguished themselveb
musically. The performance concluded
with an excellent rendition of Haydn's
"Toy" symphony by the twelve little girl3
in white frocks. As the young men left
tne hall to pay a belated visit to the gym
nasium they decided to buy tickets for the
concert on the 29th.
The idea of a "Prodisry" concert origin
ated with Miss Ida B. Diserens, a daughter
of a director of the Home for Incurables.
She is a skillful musician and has trained
the "Toy" symphony.
Among those assisting her in carrying
out the details of the entertainment are:
Miss Charlotte Ebbets, Miss Mollle Pratt,
Miss Joey Low, Miss Ella C. Stone, Mrs.
J. G. Clark (president King's Daughters'
Home), Mrs: J. D. Spreckels, Lillian Plun
kett Furgeson, Francis Stuart and N. B.
Boulder Creek Stags.
The annual festivities of the Boulder Creek
stags will be held next Saturday evening and
Sunday at Boulder Creek. A humorous invi
tation has been issued and a good time is
THE PEOPLE HAVE RIGHTS.
Declarations of Counselor
Delmas in a Railroad Dam
age Suit Yesterday.
THE JANSEN HEARING BEGUN.
Whera Trains Are Run by License
the Railroad Cannot Have
Arbitrary Street Control.
The case of Robert P. Jansen, who on
September 22, 1894, was struck by a train
at the Chestnut-street station on the nar-
row-gauge line, Alameda, was taken up in
Judge Hunt's court yesterday. Jansen
was a passenger on one of the local trains.
He alighted and was struck by the engine
of the train going in the opposite direction.
He was dragged along ninety feet by the
engine; his skull was fractured, one leg
broken and he was so badly injured that
for several weeks he was not expected to
He began suit recently for $50,000 dam
ages and yesterday the trial of the case was
Mr. Jansen, Isaac Aronberg, Dr. W. H,
Robinson, E. A. Allen and Mrs. A. Jansen
testified to the facts of the accident as
here outlined, and then General Barnes,
representing the railroad company, made
the usual motion for a nonsuit.
D. M. Delmas, representing Jansen, re
plied to the motion, and in his address he
discoursed on the rights of tbe general
public in Alameda and other cities that
permit railroads to occupy streets.
"The corporation that runs its trains
through the streets of a city by public
license has no more rights than has the
humblest tramp who walks on the tracks,"
"Encinal avenue in Alameda is admitted
by the pleadings to be a public street, in
which the rails are laid by license of the
city. A railroad company has no more
right under these circumstances than the
humblest citizen. In this case Mr. Jansen
had as much right on the street where he
was as the locomotive had. I had the
same right to drive there as the company
has to run an engine. The citizen's rieht is
subject to only this single exception : that
as the train can move onlv in one place the
citizen must when possible take the other
space in the street.
"The law that it is the duty of people
before crossing a track to stop and look
and listen applies to the rural district, and
in a city where the trains are run by
license it does not bar a man from recov
ery of damages.
"For a city like Alameda, with trains
running as they do there, it is the duty of
the railroad to watch more sedulously for
the people on the track than it is the duty
of the people to watch for the trains. The
reason is that the people who may cross
the track cannot do injury to the train,
while the train can do injury to them.
'"When Mr. Jansen was at the station to
take passage on the tram it was criminal
negligence "to run another train on the
parallel track. Mr. Jansen was not a tres
passer and on the public street he had a
right to assume that proper precautions
would be taken by the railroad in running
trains. The railroad is just 83 much
bound to constant vigilance as the driver
of a wagon, a truck or a car."
Mr. Delmas continued his discourse for
an hour and a half, quoting many Supreme
Court decisions to sustain his a'rgument.
He will conclude to-day.
Debaters of the Fabian Club Discuss
the System in Vogue in Foreign
At the regular meeting of the Fabian
Club last evening the question of Govern
ment ownership of telegraphs and rail
roads was discussed, and it was decided
that the public would be benefited bj' Na
tional ownership, the opinion being based
upon the following considerations: Eng
land has owned its system of telegraphs
since 1870, and now sends ten times the
number of messages at a less price per
word and gives a better service than before
the change from private ownership.
The telegraph companies in the United
States are paying dividends on $15,000,000
of stock, a large proportion of which is
water, and it is estimated that the entire
plant could be duplicated for $15,000,000.
In the matter of railroads the following
facts were noted : The roads owned by the
German Government have yearly gross re
ceipts of $310,117,404, operating expenses of
$190,958,257, leaving a net yearly income of
$119,159,147. Italy leases her railroads for
$48,025,000 and 27^ per cent of their gross
earnings. The Governments of Russia,
Australia, Natal in South Africa, Austria-
Hungary, New South Wales and Victoria
lease their roads at a paying profit, and the
lines are run satisfactorily to the public.
Faneral of Mra. A. Xeuman.
Mrs. A. Newman, the widow of A. Newman,
who was at one time chairman of the Demo-
cratic State Central Committee, died on Friday
last of heart disease. She was prominent in
advancing the interests of the Congregation
Ohabai Snaloine, and Rabbi Julius Fryer of
that synagogue paid an eloquent tribute to her
memory in performing the burial ceremony on
Sunday, at the Home of Peace Cemetery.
Supervisors Listen to Petitions and
Protests in the Matter.
At the meeting of the Board of Super
visors yesterday the chief business consid
ered was the improvement of streets.
Protests were received against the fol
lowing street work and referred to the
Street Committee :
Paving Scott street, from Hayes to Fell;
Sidewalks on Church street, from Twenty-sec
ond to Twenty-third; paving Masonic avenue,
from Haight to Waller streets.
A resolution accepting Army street, from
Mission to Valencia, was ordered passed to
The matter of payin? the City Engineer
$10,000 for making an official map of the
city will be reconsidered. A number of
members agree with the Merchants' As
sociation that $5000 is enough for the
George W. Elder was appointed official
expert of the board to look alter all street
work. His duties will be to check the
work of the Superintendent of Streets and
look after contractors who way try to
swindle the City and property-owners.
City and County Attorney' Creswell was
directed to look after the interests of the
Board of Supervisors its the suit of Am
brose E. Watson to collect salary as clerk
of Police Court 2. Five months' salary or
$1000 is at stake. A son of Supervisor
Morgenstern claims the place under ap
pointment of the Board of Supervisors.
He has been collecting the salary all
along, whiie Watson has been doing the
work. The case is pending before Judge
A New Phase of the Contest
Over the Estate of Mrs.
Erwin G. Rodolph, a Legatee, Has
Bishop and Lewis Cited to
Executors Thomas B. Bishop and Azro
N. Lewis were temporarily suspended
yesterday from the control of the Mrs.
Miranda W. Lux estate upon the petition
of Erwin G. Rodolph, one of the legatees.
The petition of the latter is as follows:
That therefore, to wit, on the Bth day of
October, 1894, an order was duly given and
made by this honorable court admitting to
probate certain documents as the last will and
testament of Miranda W. Lux, deceased, and
appointing Thomas B. Bishop and Azro N.
Lewis, the persons named in said will, as
executors thereof ; that thereafter on the said
Bth day of October, 1894, said Thomas B.
Bishop and Azro N. Lewis duly qualified as
such executors, and letters testamentary were
thereupon issued to them and they became
and ever since have been and now are the duly
appointed, qualified and acting executors of
the will of said Miranda W. Lux, deceased;
that on the Bth day of January, 1895,
three months had elapsed since the ap
pointment of said Thomas B. Bishop and
said Azro N. Lewis as said executors, but that
said executors had neglected and refused to
make and return to this honorable court a true
or any inventory and appraisement of said
decedent within said time, and that thereupon,
on the 16th day of April, 1895, this honorable
court, upon the application of said executors,
made an order allowing said executors thirty
days from said 16th day of April, 1895, within
which to make and return an inventory and
appraisement of said estate, but said executors
again neglected and refused to make and re
turn said inventory and appraisement to this
honorable court within the said thirty days
or at all; that thereafter, on the 6th
day of June, 1895, this honorable court,
upon further application of said execu
tors, made a futher order allowing said execu
tors sixty days from said 6th day of June,
1895, within which to make and return an in
ventory and eppraisement of 6aid estate to
jhis honorable court, but that although 130
days have elapsed since said 6th day of June,
1895, and more than one year has elapsed
since the appointment of said Thomas B.
Bishop and Azro\N. Lewis as executors of said
will said executors have wholly neglected and
refused to make and return a true or any in
ventory and appraisement of said estate to this
honorable court and said Thomas B. Bishop
and Azro N. Lewis have long neglected and re
fused to perform their duties as such execu-
Wherefore, this petitioner prays for an order
of this honorable court, to be entered upon the
minutes thereof, suspending the powers of said
executors, and of each of them, until the hear
ing of this petition, and that the Public Ad
ministrator of said City and County of San
Francisco be appointed a special administrator
of said estate during such suspension, and that
notice of such suspension be given to said ex
ecutors, and that a citation be issued to the
said executors requiring them and each of
them to appear before the court, on some day
therein specified, to show cause why their
letters testamentary should not be revoked
and why they should not be removed from
their position as such executors, and that upon
the hearing of this petition said letters testa
mentary be revoked and the said Thomas B.
Bißhop and said Azro N. Lewis be removed
from their position as such executors, and that
this honorable court appoint some suitable and
proper person administrator, with the will an
nexed of the estate of said decedent, and for
such other and further relief as may be proper.
W. T. Baggett and Alfred Sutro are the
attorneys for the petitioner. In accord
ance with this petition the following order
was issued by Judge Coffey :
It appearing to this court from the verified
petition filed this day of Erwin G. Rodolph, a
legatee under the last will and testament of
Miranda W. Lux, deceased, that Thomas B.
Bishop and Azro N. Lewis, executors of said
last will and testament of Miranda W. Lux,
deceased, have long neglected and refused to
make and return an inventory and appraise
ment of the estate of said decedent within the
time allowed by law and by this court, and
that more than one year has elapsed since
the issuance of letters testamentary to said
Bishop and said Lewis as executors, it
is hereby ordered that the powers of
said executors and of each of them be and
they are hereby suspended, and that notice of
such suspension be given said executors, ana
that Friday, the Bth day of November, 1895,
at 10 o'clock in the forenoon, is appointed for
the neanng of said petition, and that notice
of the hearing be given to said Thomas B.
Bishop and Azro N. Lewis, executors as afore
said, requiring them to appear on said day at
said time in ?the courtroom of this court in
the new City Hall, at the corner of Larkin and
McAllister streets, in said City and County of
San Francisco, to show cause why their letters
testamentary should not be revoked, by cita
tion to be served on said parties at least five
days before the hearing. And the clerk of
said court is hereby ordered to enter this order
upon the minutes of this court.
San Francisco, October 14, 1895.
J. V. Coffey, Judge.
After Pacific Bank Property.
Attorney A. J. Clunie, representing P. F.
Dundon, thinks he has discovered .$50,000 of
railroad bonds belonging to the Pacific Bank.
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