The San Francisco call. [volume], October 08, 1895, Page 14, Image 14

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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14
GRIDIRONS THE FOUR RAILROAD MAGNATES
Caustic Comments of|
Judge Thompson on
the Stanford
Case. |
i
AN ANALYSIS OF THE j
ARGUMENTS. '
Believed That the Government
Had a Good Case Against
the Original Stock- ■
holders. i
HISTORY OF THE COMPANY
REVIEWED.
i ,
„
According: to the Writer the Found
ers of the Corporation Were
a Set of Reckless
Pirates. '
_____ — — '
"A bolder and more reckless set of pi- j
rates never scuttled a ship or cut a throat," |
is the way Judge Seymour D. Thompson j
speaks of the four "co-adventurers" who \
founded the Southern Pacific system.
The decision of Judge Ross in the Stan- j
ford case has elicited a good deal of lively i
comment in legal circles, but nothing so j
terse, trenchant and driving approaches ,
the notes on the case published by Judge j
Thompson in the Aujrust number of the i
American Law Journal.
The writer possesses one of the keenest I
and most forcible legal minds in the coun- !
try. When Judge Thompson's name is
found as the author on k leather-covered j
lawbook that book Is an authority by the :
profession. He is now engaged in fin- !
ishing the monument of his life work, j
"Commentaries on the Law of Corpora- '
tions," so he knows what he is talking
about when he discusses the pleas of the
Kentucky corporation. j
The Stanford case, arguments and all, |
and the railroad's position under th« law, j
have never received such a pen-jabbing as
he ha; given them In this article covering i
twenty pages. Withal the work is done in '
a calm, judicial way; no pen-thrust is ;
thrown away, and each one covers the j
point arrived at in an artistic, easeful and
forceful way.
In a square, manly way the writer tells ■
why he differs in opinion with Judge Ross j
on nome of the main points raised in the
issue.
On more than one occasion Judge
Thompson has been led in his writings to
express some very forcible opinions on the
deoisions-of the Supreme Court of Califor
nia. In the present'article he pays that tri
bunal the usual caustic, left-handed com
pliments.
The article is full of biting bits of sar- .
casm, one of the sharpest being on the i
argument, "Judge Ross deciding in favor j
of Mrs. Stanford on a ground neither raised |
by the demurrer nor discussed by Judge I
Garber in his argument."
After quoting Judge Ross' decision in '
the railroad case, Judge Thompson goes i
on to nay :
"Judge Ross stands high In the profes- i
sional and public estimation on the Pacific i
Coast. We share in that estimate of his
character and talents. We nave often had |
occasion to refer to his decisions in terms j
of commendation. But we are in this case '
unable to foliow his reasoning to the re
sult which he reaches. We have regarded '
the question as a very important public
question, and one suitable to be discussed
in a public journal. We have, therefore,
investigated 'it with some care, in the light
of a collection of rules and principles ap- i
plied by the courts in determining the lia
bility of stockholders in corporations, ]
which rules and principles are familiar
tons.
"The result was that we came to the
conclusion that there was no doubt what
ever that the United States would succeed
in enforcing the liability of such of the
stockholders of the Central Pacific Rail
road Company as were stockholders at the
time when the indebtedness of the com
pany to the United States was created, so
far as the estates of those stockholders are
still amenable to legal process, provided
the law were only enforced. At the same
time we predicted that the law would not
be enforced. We now renew that pre
diction. This "language implies a very
firm predilection in our minds as to what
the law governing the case really is. If
anything could shake it it would be the
opinion of such a Judge as the one who
has now decided the case to the contrary,
after the fullest argument and the most
thorough and careful consideration.
'•His conclusion is not, however, to be
judged by the arguments which he has '
heard, nor by the time consumed by him j
in preparing his decision, but by the rea- i
sons which he gives for that decision.
And we submit to the profession that those
reasons are entirely untenable.
"Judge Ross proceeds, in the first place,
on the proposition that the individual lia
bility of stockholders for the debts of the
corporation is always & creature of statute.
This is a disputable proposition. : .;. -
"The true theory of that immunity from
liability to pay the debts contracted by
their agents in their behalf is that it is in
the nature of a franchise, which immunity
does not exist, in the absence of an affirma
tive grant of "t from the Legislature. Such
an affirmative grant is indeed implied from
the grant of the franchise of being a corpo
ration, and it is said that the individual
liability of stockholders is always a crea
ture of statute, because when the Legisla
ture desires to negative the implication it
generally does so by a statutory provision.
"Behind it all, however, there remains
the proposition that, since the exemption
from individual liability is a franchise
granted by the Legislature, the exemption
does not exist unless the Legislature has
the power to grant it. Bnt there never has
been an hour since California was a State
during which its Legislature had the
power to create a private corporation with
limited liability. This power is excluded
oy the following provision of the first con
stitution of California: 'Each stockholder
of a corporation, or joint stock association,
shall be individually and personally liable
for his proportion of all its debts and lia
bilities.
"The Legislature of California could not, i
if It should attempt to do so, in the face of |
this constitutional provision, create a pri- ]
vate corporation of limited liability.
"This makes the proposition that indi
vidual liability is always a creature of stat
ute totally inapplicable to the subject un
der consideration. — - ■ .
. "The next proposition decided by
Judge Ross is that this provision
was read out of the constitution
of California in 1864 in its [the court's]
decision in the case of French v&. Tesche
maker, and he holds that decision binding
upon him in this case. It is true that the
Supreme Court of California did decide in
that case which was not a railroad case —
that this provision of the constitution of
California was not self-enforcing because
of its indefiniteness and because the same
constitution contained another provision
in the following language: 'Dues from
corporations shall be secured by such indi
vidual liability of the corporators and other
means as may be prescribed by law.'. .
"This decision is so extraordinary, so
utterly opposed to common-sense, that it
has not met with much favor in other
jurisdictions. * * * lie true construc
tion was to give effect to the positive and
distinct mandate, and to give effect to the
other clause by construing :t as an addi
tional enabling act empowering the Legis
lature, not to cut down the Hftbility al
ready commanded, but to impose an addi
tional liability if it should see tit. The
liability explicitly commanded was a pro
portionate liability; the Legislature was
by the other section empowered to go fur
ther and to make them liable as full part
ners in solido, each answerable for all the
drb's, if his private estate should be so
larjre. just as the stockholders of the Glas
gow Bank were answerable.
"If it be replied to this that no matter
how absurd — no matter how unworthy of
respect the decision of theSupTerae Court of
California may be — yet, as it is a decision of
the highest tribunal of that State, constrn
ing the constitution of that State, that, de
cision is binding upon the courts of the
United States, tlie answer is that there is
no rule making it absolutely binding upon
those courts. * * *
"The principle that the Legislature of
California could not by statutes enacted
after the contract under consideration was
made put the stockholders of those rail
road companies in a worse position than
the contract had placed them is stated by
Judge Ross in his opinion, though the
statement involved a misapplication of
the principle, for all the legislation in ques
tion is plainly remedial.
"But waiving this and assuming with
Judge Ross that this subsequent legisla
tion is not remedial, and consequently that
the Legislature of California had no power
to enact it so as to make it apply to the
rights of the Central Pacific stockholders,
yet he overlooks the correlative propo
sition that what the Legislature of Cali
fornia cannot do against the Central Pa
cific stockholders the Supreme Court of
California cannot do against the United
States. • * * The decision in French
vs. Tescbemaker, under the constitution
of the United States, could no more
be allowed to strike clown the rights
of the United States, vested under the pre
vious contract, than an act of the Legisla
ture of California could be allowed to have
this effect. Nor can this conclusion be
evaded by merely calling one kind of State
action legislation and the other kind in
terpretation.
"If the interpretation is absurd, contrary
to the plain reading of the constitutional
provision under which the rights of the
United States became vested, then the Su
preme Court of the United States wili not,
by following that interpretation, 'immolate
auth, justice and law.
The writer then dissects the case of
French vs. Teschemaker and says it was an
action brought by certain taxpayers to
enjoin the Board of Supervisors from
issuing city and county bonds in aid of
the Western Pacific and the Central Pacific
Raiiroad Company. The issue was author
ized by the Legislature on the express cbn
ditionthat the city shall not be liable for
any of the debts and liabilities of said
companies.
The railroad companies were already
largely in debt and the taxpayers feared
they would be involved to a greater ex
tent than the subscription for the bonds.
"The case was, of course, decided in favor
of the railroad companies," goes on the
writer. "That is to say the court decided,
under the statute, the liability of the
municipal corporation could be waived,
provided any person, in giving credit to
the railroad company, would expressly stip
ulate in the contract to waive it.
"The Judge who wrote the opinion in this
case, on quitting the bench in 1869, went
into the service of the railroad company
and died in its service.
"But assuming that Judge Ross is right
in the foregoing proposition, his third
Eroposition tnat the Central Pacific stock
olders are not liable, under the provisions
of the general railroad law of California
enacted May 20, 1861, and consequently in
force when the contracts in question were
made and when the indebtedness was
created by the issue and delivery of the
United States bonds, is clearly untenable,
and there is no decision of the Supreme
Court of California in the way of a Federal
tribunal holding the Stanford estate liable
under thia statute."
After quoting the Jong statute, the writer
Bays: "It will be seen that Judge Ross
simply reads the statute out of existence
and does it on the authority of French vs.
Teschemaker. Not that French vs. Tesche
maker construes the statute, but because
Judge Ross finds this statute 'to be little
more definite than section 36 of article IV
of the constitution, and no more definite
than the provision contained in section 32
of the act concerning corporations passed
in 1850, which was held by the court in
French vs. Techemaker to be insufficient
to give a reasonable and practicable opera
tion to section 36 of article IV of the con
stitution of 1849.' "
"We cannot see wherein the above
statute is indefinite for any purpose con
nected with the suit of the United States
brought to charge the Stanford estate. It
seems to us to be very explicit and definite
on all essential points. We are not now
addressing the legal profession of Califor
nia; they have become used to judicial
decisions reading statutes, and even con
stitutional provisions, out of existence.
We appeal to our professional brethren
throughout the country generally, to know
whether the above statute is not just as
definite and certain as similar statutes
which have existed in New York and many
other States which the courts have en
forced without difficulty. • • •
"But not content with reading the statute
out of existence,£the learned Judge dis
covers another ground for reaching the
same conclusion, in the conception that
the acts of Congress under which the sub
sidy bonds were issued were emergencies,
and that they 'unmistakably show that no
personal liability of the individual stock
holders was contemplated, either by the
United States on the one side, or the rail
road companies and their stockholders on
the other side.' * * • In the thousands
of cases relating to the statutory liability
of stockholders, decided by the English
and American courts, not one can be found
advancing such a doctrine; and even the
decision in French vs. Teachemaker is to
the contrary.
"Authorities need not be cited to the
proposition that all public grants are con
strued most strongly in favor of the Gov
ernment and against the grantees, and
that a doubtful charter or other public
grant does not exist, because whenever it
is doubtful the rule in question resolves
the rule in favor of the Government.
Columns of adjudications could be cited to
thia effect. Therefore, even if the grants
embodied in the acts of Congress under
consideration were doubtful and ambigu
ous with respect to the point under con
sideration, this rule wottla resolve all such
doubts in favor of the United States.
"But they are not doubtful. Not a line,
not a word, not a hint is found in them
which suggests the idea of a purpose on
the part of the United States to release any
security to which it was entitled under the
existing law. The argumentof the learned
Judge is a pure structure of his imagina
tion. Public rights are not to be given
away to private individuals UDon such
vague and imaginary conceptions.
''In one portion of his opinion Judge
Rosa goes into some of the public history
connected with the building of this conti
nental railroad not directly referred to in
the bill. If he had extended his researches
downward through the public history he
would have discovered that the four co
adventurers who had received the aid from
the Government began by 6windling the
Government through a. false representa
tion made to a committee of Congress as
to the distance at which the foothills of
the Rocky Mountains commence from the
city of Sacramento, out of double the
amount of aid per mile that was really due
under the terms of the statute fora con
siderable number of miles; that they im
mediately organized an outside corpora
tion composed of themselves for the pur
pose of building the road by contracting
with themselves in the form of a railroad
corporation at a price enormously in ex
cees of its real value, paying themselves
in the bonds of the United States issued
under the statute,ana issuing to themselves
stock composed of pure water, and for
which no value was ever fixed by them;
that they paid themselves $34,000,000
THE SAN FRANCISCO CALL, TUESDAY, OCTOBER 8, 1895.
in dividends upon this stock; that they
expended nearly $5,000,000 for purposes
which their president, Leiand Stanford,
refused to disclose on oath, which pur
poses were not disclosed by any vouchers
and which expenditures a Congressional
committee reported as having been proba
bly made in influencing legislation ; that
ihey persuaded the Government to release
its first statutory rnortgp.pe and take a pec
ond lien, in order that they might better
carry out their purposes: Ihat instead of
making a further provision for the repay
ment to the Government of the prin
cipal and interest of the subsidy bonds,
they depleted the revenues in the building
of branch lines, and that they have finally
leased it to a fraudulent corporation, or
ganized by themselves in tne State of
Kentucky, having no property there and
never intending to have .any property
there, and none of its members living
there and never intending to live there,
which corporation now holds it in its
grasp, wears out its rolling stock an.i
slowly strangles it to death; and that, on
the other hand, they oppressed the com
merce of California with extortionate
charges and exorbitant freight contracts
in a manner that cried shame to the
people of the whole United States.
"A bolder or more reckless set of pirates
never scuttled ship or cut a throat. It is
to such men that the rights of the United
States are to be given away on such rea
sons as those disclosed by the opinion
under consideration."
FRESNO RAISIN PACKERS
The Story of the Shameful
Treatment of the Girls
Confirmed.
Labor Commissioner Fitzgerald
Very Angry at the Conduct of
Bonner & Co.
Labor Commissioner Fitzererald is very
angry on account of the treatment of the
forty-five women and gtrls sent by him to
work in Bonner «fe Co.'." raisin-packing
establishment at Fresno. Last. Thursday
he sent the women to Fresno to fill an
order and the account of their sufferings
was publi?hed in Sunday's Call.
The girls upon arriving at their destina
tion found, contrary to their expectations,
that no provision had been made for their
board and lodging. For several days they
almost starved to death, subsisting entirely
upon raisins. At last they appealed to a
Catholic priest, who started a subscription
and provided for their immediate wants.
The girls were unable to earn over 60 or
TO cents a day packing raisins, being inex
perienced in that line of work. The com
pany refused to pay them anything until
the amount of their railroad fare, $4, which
was advanced by the company, had beon
made good.
Mr. Fitzgerald yesterday said:
In sending those women to Fresno I made
particular inquiry as to the standing and re
sponsibility of Bonner & Co. This company's
San Francisco agents is the Williams-Brown
Fruit Company of 116 California street, and
the man from this firm told me and told the
women what they would receive for wages.
He said that the women could earn from $1 to
$1 50 a day, and that, as the packing-house ia
in the town; the packers could get cheap food
and lodgings. I made a more direct inquiry
and sent this letter:
September 27.
Messrt. Charles O. Bonner & Co., Fresno—
Gentlemen: In reply to your telegram of to
day I answered by wire, "Tuesday morning,
special rate $4 in lots of fifty." The reason I
say Tuesday morning is that to-morrow (Satur
day) is a half holiday with us, consequently all
arrangements for shipping these girls will have
to be on .Monday. Kindly send me full particu
lars as to the wages and accommodations
which these girls may provide themselves with
in your city; also as to their probable net earn
ings, in order that they may know exactly
what they are to expect. Please do not exag"
gerate in any particular, as I prefer the disap
pointment upon this end and not in Fresno.
Awaiting an early reply, I have the honor to
remain yours truly. E. L. Fitzgerald,
Labor Commissioner.
The answer was on the line of the agent's
statements, and the women and girls were sent
last Thursday. I was Intending to send fifty
more, but I will not.
I am surprised that a firm such as Bonner &
Co. is represented to be should treat any one
as these girls say they have been treated. "They
are a fine and highly respectable set of women.
The firm should have paid them at least
enough to pay for their food and shelter.
As soon as I read Thk Call 1 telegraphed to
a lady 1 who was to some extent In charge of
the women and giris for particulars. I just
received a reply, in which she wires:
"Highest wages earned was 00 cents. Will
be in San Francisco to-morrow evening and
give you full particulars."
This confirms the published account of the
various troubles, and the whole affair is a mat
ter of profound regret to me, as I was very par
ticular in selecting the packers to send to
Fresno. I did all in my power to protect the
women before sending them out. I would not
have been more surprised if 1 had learned that
Bonner & Co. had clubbed the women than to
hear of the shameful manner in which the
women and girls have been treated.
GUNS UNDER THEIE VESTS.
The White Divorce Cbi« and In-
cidents Connected There
with.
The Supreme Court decision on Mrs.
White's $100,000 lump alimony is long
overdue, but she is waiting with every
confidence that the lower court's award
will be confirmed.
For ten years the White divorce case
has been in the courts, and everything
written about the cattle king's affairs has
been read with interest. Mrs. White has
been waiting for her $100,000 for
months. She expected it Saturday,
and days before, and she looks for it
to-morrow and the days following with
the same confidence. The three months
allowed the Supreme Court for filing a
decision have passed some time since, and
the receiver and deputy receiver are look
ing after the cattle king's property in
terests in the mountainous districts of
Mendocino.
They carry guns up there and the job of
the deputy receiver is not a pleasant one,
as Mr. Downs explained in The Call last
Friday morning. Clarence White, Mrs.
White's brother, who killed "Wylackie
John" on the steps of a Justice's courtroom
in Covelo, carried a gun. He carried it in
front, just under the last button of nis
vest, so says Mrs. White, and "Wylackie
John" had his in his hip-pocket. As
young White was about to enter the court
room John made an insulting remark and
reached for nis gun at the same time.
Clarence was too quick for him and
"Wylackie" sleeps 'neath the daisies.
"That was only an instance," said Mrs.
White yesterday. "They all carry re
volvers, and when I read that article
in The Call, which contained my
exact words, by the way, I made the re
mark that some one else would be shot sure.
It may be that I am unnecessarily timid,
but 1 nave lived among them up there and
have reason to fear violence where those
unacquainted would see nothing to occas
ion their apprehension."
Mrs. White is borne out in her state
ments by Deputy Receiver Downs, who
had the nerve to invade the cattle king's
stronghold after being told by reputable
citizens of Ukiah that he would not come
back alive.
"They all carry guns up there," he said,
"and the most of them have them in front,
where they can get at them handily.
But, 'I went, I saw, and I conquered,' as
the quotation goes, "and I lived to get
back."
In the case of "Wvlackie John" it
was found his gun caught in the lining of
his pocket while he was trying to get it out
to shoot youn« White. At present Clarence
" hite is more feared than any man in the
county. He has a ahooting reputation,
Charles I of England was styled the
Martyr, from the manner of his death.
The same title was given to Edward
martyr of England and to Louis XVI of
Fiance.
A VENUS FOR THE STAGE
Marion Nolan to Make Her
Debut in Society Plays
at New York.
AMBITIONS BEYOND POSING.
The Girl Whose Beauty Has Made
Her Famous Is Bound to Be
an Actress.
Marion Virginia Nolan, the San Fran
cisco girl who won distinction by being
chosen two years ago as the model for a
statue to represent the beauty of the
Golden West at the World's Fair, is to be
the next California candidate for theatri
cal success in the East.
Following as she does in the line of the
illustrious actresses who have gone from
this State she will muke her debut in New
York early this winter. She has signed a
contract, and in about two weeks she will
start for the East to begin her first tour.
It is Miss Nolan's beauty, particularly in
her perfect proportions, that has made her
MARION "VIRGINIA NOLAN, THE LATEST CALIFORNIA ACTRESS,
IN THE CHARACTER OF JULIET.
[From a photograph.] . „ .'..'.
famous, but her own ambition has always
been to take up stage work of the best
kind. She has persistently refused offers
to travel with spectacular companies, one
of the flattering offers that she received
having been made by Manager Henderson,
who was here with his extravaganza com
pany last winter; and while she has been
posing for artists and occasionally taking
minor parts on the local stage, she has
been studying to fit herself for the profes
sion to which she has hoped to attain.
In the East this season she is to take
leading parts in society plays, and though
her record as a California beauty will be
made a strong feature in the advertising,
the beauty will be displayed only in such
costumes as ladies would be expected to
wear in public.
"1 hope to get into the higher plays
sometime," said Miss Nolan when she was
asked about her Eastern ventures, "but for
the present I have to do as I am ordered,
and I am ordered to do society plays.
"Ophelia would be my favorite character
and I think that I could do better in that
than in anything else, thought I don't
know why.
"Yes, I would like that better than
Juliet, though I hope to sometime play
Juliet — on the stage of course. I would
rather take the part of Virginia than of
Juliet, and in some way it aeems to me
that I could do better in that.
"Why?Oh, I don't know; perhaps it is
because I do not like Romeos very much.
"Yes, Desdemona I would like pretty well.
I do not know just what plays I will have
to go into in the East, but I will be satis
lied to try any gentle role that may be as
signed to me. Ido not want any heary,
masculine staee work, and I will not un
dertake any rough comedy parts. I hope
to succeed either in the line of acting that
I have chosen for myself or to fail alto
gether."
Miss Nolan, who takes the name of
Marion Virginia from the famous Revolu
tionary general, is in her nineteenth year.
She was only 16 years old when she was
unanimously chosen as the model for the
statue in the famous Venus contest, which
caused columns of comment in the news
papers from San Francisco to New York
and Boston, and was even discussed at
considerable length in the English publi
cations.
During a period of six or eight months
the girl posed for the sculptor, Rupert
Schmid, but the latter found it impossible
to complete the statue in the time allowed
and Mrs. Waite's project of exhibiting Cali
fornia beauty at Chicago in competition
with the imported works of ancient and
modern masters had to be given up.
Sculptor Schmid and Mrs. Waite were so
enthusiastic over the work that had been
begun, however, that the sculptor com
pleted the statue, though too late to send
it to Chicago. Then the statue was exhib
ited in the Ban Francisco Art School in the
Hopkins mansion, on Nob Hill. An at
tempt to secure the, work for the Mid
winter Fair was made, but the owners of
the statue did not like to take the risk at
tached to the statuary corridor of the
Egyptian art gallery and the Venus re
mained at the Hopkins Institute until
Rupert Schmid started with it for Italy, at
the expense of a syndicate organized here
by Mrs. Waite, to chisel the statue in
marble.
Since she was the model for that statue
Miss Nolan has posed several times for
painters, among them a European artist,
who, while traveling in this country, was
attracted by the newspaper accounts of the
Venus contest, but she declares that her
posing day? are over.
"It is hard work," she said, when ques
tioned about that employment, "much
harder than people seem to imagine, and
most of the artists cannot afford to pay
enough to make the posing remunerative.
I have followed that occupation in order to
obtain the opportunity to get the educa
tion needed for the stage, which has been
my only ambition ; but as for the value of
the advertising in the Venus contest— as it
was called — I would be glad to never have
had it. I would rather go on the stage, if
1 could, as an ambitious girl than as a
California Venus, and I tnink I would
have a better chance of ultimate success.
"As a result of the posing and all that
was said about it, I received some offers
from the managers of spectacular com
panies, and some of them were financially
tempting to me, but I knew that if I began
in that line it would be just &s well for me
to literally accept Wolsey's advice and
fling my ambition away."
Last winter Miss Nolan took a part in
"The Black Crook" with a local company.
During the living-picture craze she was
persuaded by an enterprising; manager to
appear in several artistic poses at the Cali
fornia Theater, and afterward she was with
Robert Bowling's company in this City
and Oakland. These are the only ventures
she has made on the stage, though in sev
eral places managers have made use of her
name.
Daring the past two years the young
woman lias devoted most of her time to
studying elocution and dramatic art, and
her teacher, Mrs. Meiville-Snyder, declares
that aside from her personal beauty she is
one of the brightest and most promising
pupils that has ever entered the school.
Mrs. Waite, ever since the time of the
beauty competition, has been a strong
friend to Miss Nolan. "There is nobody
that has had more serious obstacles to
overcome in following out any high am
bition," she says, "and there is nobody
that has overcome the obstacles any
better. "
Miss Nolan was engaged to be married to
a young Englishman, who, upon the death
of a few older members of his family,
would become the Earl of Ripon. She
admits that the engagement is broken,
and though she refuses to say anything
more about the subject, it Is known that
the disagreement between the nobleman
and his promised bride arose at the Mid
winter Fair, when Miss Nolan concluded
that she did not want for her husband a
nobleman who could be attentive to the
dancing girls.
PHILBROOK YET SHUT OUT
The Disbarred Attorney's Pc-
titions in the Supreme
Court.
A Labor Day Meeting In Which Jus
tice Beatty Made No
Concessions.
Horace W. Philbrook, the disbarred at
torney, spent a large portion of yesterday
in the Supreme Court, but he failed in his
attempt to haye the disbarring order set
aside.
He had a couple of motions in relation
to the Levinson estate to submit to the
court, and in connection with these he
presented a motion to set aside the decree
by which he Is disbarred.
"We do not care to hear anything about
the sentence in that case," said Chief Jus
tice Beatty promptly, when Mr. Philbrook
alluded to'the matter.
"I would like to argue it if the court — "
And here the petition was again inter
rupted by the Justice.
"No, we do not want to hear it."
"But, your Honor, it is a point in this
case, and my argument ought to be heard."
"We do not care to hear it; the order of
the court is irrevocable."
"It is an issue, if the court please, and a
hearing; ought to be given."
. "The court does not consider it an issue,
and it cannot be heard."
Attorney Philbrook sat down and no
more was said about the matter.
The petitioner's notice to be substituted
for Ira P. Rankin as administrator of the
John Levinson estate was denied, as the
case of Rankin vs. Newman is no longer
before the court.
The question of Mr. Philbrook's right
to appear as the Levinson attorney before
Judge Sanderson of the Superior Court
was taken under advisement.
There were several lawyers in the court
during the hearing, and Mr. Philbrook
was opposed by E. R. Taylor in the mat
ters pertaining to the Levinson estate.
Const Seamen Confident.
The members of the Coast Seamen's Union
consider that the recent order of the Ship
owners' Association to reduce the wastes from
$2 50 to $10 a month is to ali practical pur
poses a doail letter. At a meeting of the union
last evening the report was made that since the
order went Into efl'ect last Tuesday, only one
vessel, the schooner (Jotaina, that sailed Fri
liv, went to sea with a nno:t pay crew. Four
ol Simpson dk ('o.'s schoonors and one of
Charles Nelson's schooners sailed with crews
at the old rato of wages. It is believed by the
sailors thai this effort to force down the wages
>s over and that the old rate of wages will be
maintained.
Use our Bank Stock pads for figuring pur
•'OSes. As salt to the system, so is Bank Stock
..or the eyes The Mynell-Rollins Company, 'I'J.
Clay st.. make millions of bank pads. *
RAILROAD IN REBELLION
It Adopts a Policy Whereby
the State Com m issioners
Are Ignored.
NO NOTICE OF CHANGED RATES.
Commissioner Stanton Thinks the
Board's Legal Standing Is to
Be Attacked.
Recent developments would seem to i
indicate that the Southern Pacific Com
pany has adopted anew method whereby
it evidently seeks to make useless and dis
credit the labors of the Railroad Commis
sion in its efforts to secure for shippers re
duced rates.
These new tactics would also indicate
that the company proposes to ignore the
existence and to act in defiance of the
commission.
Heretofore it has been customary for the
railroad whenever it put a new rate or
schedule of rates into force to file a copy of
the same with the Railroad Commission
for the approval of that body. But quite
recently changes beve been made in rates
in both the Santa Clara and San Joaquin
valleys, but no notice of this action was
given tne commission. In each case, how- I
ever, the rates have been reduced, and
while the shippers have been in conse
quence benefited, these unheralded reduc- ;
tions have seriously interfered with the
intelligent handling of the matter of re- j
ductions by the members of the commis- :
sion. They have been and are now work
ing on the schedules that were in existence I
at the time they took action making the 8 \
per cent reduction, and consequently be- j
cause of the fact that the railroad company ,
has lowered any rates in the meantime the
intended reductions of the commission,
based on rates in vogue when it adopted '•
the 8 per cent reduction on grain, might :
in fact be advances on the existing rates.
This phase of the situation was brought
to the commission by the receipt of a com- !
munication last week fToni the Board of ;
Trade of San Jose, calling attention to the i
fact that the Southern Pacific had recently
made a reduction in grain rates on the !
coast division line, affecting points lying j
between San Francisco and San Carlos, j
It was then pointed out that while the re- ;
vised schedule of the Southern Pacific |
Company made the rate from San Jose to
San Francisco but $1 20 per ton in carload
lots, under the 8 per cent reduced rate of
the commission a charge of ?1 45 was per
mitted.
Commissioner Stanton said he had been
taken entirely by surprise by the informa
tion contained in this communication, and
expressed not a little chagrin over the ap
parently ridiculous position the commis
sion was placed in by the action of the
railroad company, which he denounced as
illegal.
"Why," said he, "this procedure of the
railroad company is without precedent in
the history of the commission. They have
always filed their new schedules with us
for our action, but in this case we had no
information of any change in the rates
mentioned.
"It appears to me that it is the proposed I
policy of the company to ignore the com- j
mission, with the evident ultimate pur- !
pose of defying it and questioning its legal
standing."
"What will the commission do under
the circumstances?" was asked.
"That is something that has not yet
been considered by the commission. We
shall probably await some further de
velopments in the matter. But 1 believe
that there can be no question of the legal
ity of the board's existence.''
"Will not this action of the railroad peo
ple interfere with the intelligent handling
ot the rate reduction matter?"
"Certainly: for where they make reduc
tions and we get no information of their
action, we may make the rate higher than
that charged by the railroad, but, of
course, the shipper gets the benefit of the
railroad's lower rate, for the rate we fix is
simply a maximum and the railroad com
pany can charge as much less than it as it
pleases.
"This same thing, I understand, has j
been done relative to the rates from points j
in the San Joaquin Valley to Stockton. Of j
course, where the railroad company has ;
assumed to reduce rates without our I
knowledge or approval, it may attempt to
advance them in the same way. We would
have no way of knowing this unless in
formed by the shippers. In this connec
tion 1 want to say that outside of the in
formation we derived from the railroad
people during the recent investigation, we
have received no data of value to us in
this question of reductions. The shippers \
seem to be in awful dread of the company i
and have lent us no assistance in arriving I
at a determination of what and where dis- !
criminations exist. If they would sub- j
mit such information as I am confident !
they possess it would materially assist us
and benefit them. Ido not think it is ex
pected of the members of the commission I
to employ detectives to secure this in- i
formation, and therefore the only way we
can obtain it is by the voluntary proffers ,
that may be made by shippers. We will
be only too glad to get it, and extend to all
who make use of transportation facilities a
most cordial invitation to co-operate in
every possible way with the commission.
"We shall not, however, interfere with i
the Southern Pacific people as lone as they '
make reductions and do not thereby create !
discriminations. I may add that should
our attention be called to discriminations
that require prompt attention they will
receive it, even if we have to call a special
meeting for the purpose. We want to give
the shippers every encouragement to come
to us for relief.
"On Wednesday we shall take up the
adjustment of discriminations on existing
grain rates, and, if we find time, the com
plaint of the cattlemen of the Salinas
Valley that they are charged $10 per car
more than others under similar conditions
and for the same distance. I am anxious
to get these grain rate discriminations
fixed, as they alone would give great relief
to many sections, and I would favor daily
sessions of tn» commission until they are
disposed of.
"I am thoroughly satisfied that when
our rates are published they will not prove
satisfactory, but we shall "do all we can to
make them so, if the shippers will only
inform us wherein the ground of complaint
lies."
|i?f&i?t He&ltb
SENT FREE
It Is a matter of vast importance to mothers.
The manufacturers of the QAIL BORDEN
EAGLE BRAND CONDENSED MILK
issue a pamphlet, entitled "INFANT HEALTH."
which should be in every home. Address NEW
YORK CONDENSED MILK CO., 71 Hudson
Street, New York.
HEW,:', TO-PAY. ,
What
a
Pudding
j What a pudding the
\ people of Frisco are !
I | having with our i
'I WHITE TAGS. We're j
I not compelled to color |
! them. Just plain |
I white tags — but oh \
the figures on them !
] Look here : |
| WHITE jt JO TAGS. j
i Men's Black and Blue Serge J
| and Cheviot Suits, very |
[ latest Autumn styles. Sin- i
\ gle or double breasted sacks. \
I Made by Stein, Bloch & Co. j
\ of Rochester, N. Y. The \
I perfection of high art tai- '
! loring. But we won't de- I
| ceive you; they're not worth •
I $20. You can't duplicate !
| them, however, for less than i
! $15 on the Pacific Coast. !
! Come and see them to-day. \
\ WHITE jjjJIO TAGS. |
i - |
:i ' !
!\ ■ \
I ' Just keep your eyes j
! on the WHITE TAGS ;
; of the "New Daylight
Store." I
H. ROMAN & CO. j
1 Comer Rffl and Market.
fiDOLPHSCHOENFELDS
SHIRT IDZEIfOT
AND
BOY'S CLOTHING!
; 1316 MARKET STREET,
Directly Opposite Seventh.
v We now offer Wonderful Bargains
In choicest Men's Wool Underwear
suitable for the comlnsr season.
DON'T MISS IT!
32 dozen MEN'S FINK ALL-WOOL HEAVY
DKHBY KIBBED SHIRTS AND DRAWERS
brown color, at 8 7 Vie each, worth $1 50.
32; dozen VICUNA ALL-WOOL HEAVY
- SHIRTS AND DRAWERS at 75 each
worth $1 25.
48 dozen HEAVY ALL-WOOL CAMEL'9-HAIR
SHIRTS AND DRAWERS at sOc each.
worth $ 1.
32 dozen GRAY RIBBED HEAVY ALL-WOOL
SHIRTS AND DRAWERS at 500 each.
worth $1.
BOYS' CLOTHING!
NEW DEPARTMENT !
LOOK IN OUR WINDOW!
GREAT BARGAINS!
NEWEST IN REEFER SUITS at SO, »1 75
and $ 2 00 per suit.
ALL-WOOL Yon SUITS, a?es 13 to 19, fine
make, m $4 00, f 5 00 and $6 00 per salt.
OVERCOATS at $1 50. *2 00 and « 2 50.
JBTS"In this department every garment 13 marked
CLOSE TO ACTUAL COS>f TO GET YOUR
TRADE for this new line we have added.
Country orders will receive prompt attention.
ADOLPHSC¥OEi\TELD'S
1316 MARKET ST.,
Directly Opposite Seventh.
BARGAINS IN WALL PAPER,
ROOM HOLDINGS
AND WINDOW SHADES.
Large Stock of Fine Pressed Papev
at Less Than Cost. Paper-hanging,
I Tinting and Frescoing.
811 MARKET STREET.
JAMES DUFFY A CO.
Easily, Quickly, Permanently Restored.
/3>_-.. Weakneisj Nervonsnenn,
Debility, and all the train
V~/vG\ °' ev^ s from early errors or
d£s\r-& yBS later excesses, the results of
J8 >V'V v overwork, sickness, worry,
3k XT \T iV \ etc. Full strength, devel-
/Ocjft IL-__,i I opment and tone given to
>M»7ni>il' -^Ar^0 evpr or £ a and' portion
favtt&mla ofthobody. Simple, nat-
/^/TK^ljM ural methods. Immwil-
-1/1 ll\m \\ lV*" / ato improvement Been.
Failure impossible. -'.000 referenceß. Book,
explanation and proofs mailed (sealed) free.
ERIE MEDICfII CO.. Buffalo, H.Y.
I Ho Percentage Pharmacy, 953 Market ISL
J^HFVmgY PILLS!
i WMKBoiiii«S 0 fSr ÜBE - SE £° Ac ' """WOIiAITS SAFE
slDE£SfiiaUAßo:',«lfn.coji Qphcifw: Co,PnaZ?a,