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THE WEATHER. — — — \u25a0 > For San Francisco and vicinity: Fair, Tuesday: fresh west wind. : VOLUME C— XO. 68. MAJ. SCHOFIELD PUTS END TO HIS LIFE. Son of Late Commander of : the Army Shoots Himself at Residence in This City DESPONDENT OVER SERIOUS ILLNESS Leaves Pathetic Note to His Wife in Which He Gives the Reasons for His Act M MAJOR William B. Schofield, paymaster in the United States army, son of the late Lieu tenant General John M. Scho field, committed suicide yesterday af ternoon at his home at 3947 Twenty third street. Realizing that all of his hopes and ambitions were thwarted through his protracted- illness from locomotor ataxia the Government offi cial sent a bullet through his brain and was found cold in death by his \u25a0wife several hours afterward. Major Schofleld. while alone in the house yesterday afternoon, penned a plaintive letter to his loving wife, tell ing her that his life was ruined by hi& incurable disease. ;^j^l am broken-hearted," he wrote, "you have been a true, loving wife. , I regret that I have to seek death, but there is no other choice." The pitiful missive ran on with words of love and endearment for the suicides wife and in an unsteady hand told of the despondent" man's broken heartedness.- fl*."- .On the body, when taken to the Morgue, was found the following note: "This is a deliberate suicide. " No one Is to blame but me. W. B. Schofleld." Mrs. Schofi-ld and her mother, Mrs. Thomas Eagar. went to Oakland yes terday noon to keep an appointment \u25a0with a contractor. Major Schofield \u25a0was anxious to have' a home of his own before he should become -'entirely* \u25a0incapacitated. A deposit was paid on a iot In North Oakland last-week. Yes terday husband and wife were to have gone to meet the builder and discuss the plans of the new home. Schofleld did not feel equal to the task Of cross- Ing the bay. ajid said that he would stay at home. The wife and mother were loth . to leave him alone, as he became despondent \u25a0when without com pany. Finally he prevailed upon them to go and keep their appointment. He did not appear particularly morose \u25a0when they left and. laughing, said that he would meet them at the door \u25a0when they returned. WIFE FI.MJS THE BODY. The women wer» cone longer than they expected. They reached the house shortly after 6 o'clock last night. Mrs. Eagar went Into the kitchen to attend to supper, and Mrs. Schoflsld ran gayly up the stairs to her husband* room, calling to him. He . always met. her at the door or called a welcome from his room. The wife received no.re sponse to her greeting and, filled with misgiving, rushed to her husband's room. Upon beholding the body she utter a scream, then fell In a faint. Mrs. Eagrar ran up stairs and found both man and wife lying on the floor of the bedroom, the man cold in death, the woman trembling, blanched and unconscious. A. doctor was quickly summoned.- It was some time before the agonized wife recovered consciousness, and then the house was filled with her terrible screams. She had to be "torn from the body and led away while the morgue deputies prepared the corpse for its re-ettng place at the mortuary.-- Major Schofleld was 46 years of age. He entered the army, during: the Span ish war and served In the Philippines, China and Cuba. For a time he held the post of company, captain, but was raised in the ranks while fighting the Boxers In China for meritorious con duct. Fifteen months ago' he marrie*d Mrs. T. J. Tourneux, widow of the late Dr. Tourneux, one time a member of the city Board of Health. The wedding ceremony was performed In Manila and the couple lived in happiness. . TAKEN ILL tS NOVEMBER. .During his stay Jn • Manila Major Schofield contracted dysentery and a complication of troubles followed, de veloping into locomotbr ataxia. . The e'ick man secured a leave of absence for three months and returned to this city on April 1. He Immediately went to the Presidio Hospital, where, although confined to his bed, he was retained in the position of paymaster. -He was able to go to his home a few weeks ago, but suffered greatly. "Major Schofleld was the oldest son of the late Lieutenant .General- John -M. Schofield, who at the time of his retire ment from the army -was in command of the United States forces. Major Schofield Is the second of his family to commit suicide. SUICIDE IS FAMILY. His uncle. Colonel George W. Scho fltld. killed himself in ISSS while labor ing under an attack of mental depres sion. Colonel Schofield had worked lons and hard to effect aa Improvement The San Francisco Call. Hartje Divorce Case Drawing to a Close THE sensational Hartje divorce case in - Pittsburgh is drawing- to an end. Arguments were com menced yesterday. Mrs. Hartje wept when her own counsel drew a pathetic picture of her suffering, but was firm through the grilling of the opposition. BIG REALTY TRADE TO CHICAGOANS. ; OAKLAND, \u25a0 Aug. 6. — An . important deal in real estate has been completed through the office of George-TV.-Aus tin. By the terms of —ie deal ;the "Marlowe Theater" and "Julian^ Hotel" block, at Stewart avenue and'i Sixty third street In Chicago, 111., are ex changed for property located In San Francisco, Point Richmond and Fresno. The principals in the transaction are F. Leslie Meeker and Ralph jW.' Meeker of Chicago and J. S. Hermann of San Francisco. The • value of • the properties exchanged 'Is \u25a0 more than $500,000. . • Included in the deal. is the Hermann Tract in Point Richmond, consisting of 127 acres.. This property will at once be subdivided into building ..lots and placed on the market. upon the Remington pistol. He wanted his improvement accepted by the Gov ernment -in place of the* Remington then In use. While the Government admitted Schoneld's -work was an Im provement, It was not deemed by them to be of sufficient merit to warrant a change. The sample pistol was re turned to Colonel Schofield, who was at that time in .command of the Sixth Cavalry at 1 . Fort ' Apache. The colonel took the pistol, looked at it a few mo ments.and then blew his, brains out. Major, Schofield leaves one sister. Mrs. Avery D. Andrews, wife of Colonel An drews-.of-the-Governor's-staff in New York, and a brother. Major- Jtichmond M. Schofleld.*now in the quartermaster's department in Manila. Major Schofleld ; was c. a graduate of Tale College. He was a popular officer and his death. has caused general gloom In local army, circles. Mast \u25a0 Submit to - Vaccination. PALO ALTO. Aug., 6.— Students of Palo Alto must submit to vaccination in • accordance with ' the State statutes. Should ' any . : attempt be \u25a0 made ' to ; evade the ; law ; the children will be ; prevented from attending the 'classes until the regulation' has been compiled with. -- SAN AUGUST; 7, 1906. (Woman % Weeps When Her Counsel Makes -Argument;' \u25a0w— <*. ITTSBURG; ; Aug.V6.— The end of L^ the • sensational ', Hartje divorce I . 'case was' neared ""today," when \u0084 j.. . arguments ;'were, commenced 'be fore/Judge- Frazer. Mr. and Mrs.' Au gustus Hartje endured: the^ final ordeal when"' the? lawyers : made * arguments, both libellanti and. respondent' gVt(ing"a hot scoring. + The^ conclusion -for (today was a speech - by. ; John , Marron 't ort the libellant.; : \ / .f ' .' V V 'J ; :';: ' ; ' ' 'Reference to. the children" of the;cou ple'seemed'to v move>Mr.. Hartje' and hiis wife very ! much. '* Dii ring ; Mr.': Marron's argumentsn t's .Mrs. \ Hart je'. at times l grew ghastly | pale -at- -Mr. »--Marron's ''"asser tlonsl; Mr.^Hartje was greatly; affected .byhthe"' statement < of n Mr. »\u25a0 Marron 'that he^had'not klssedrhis; children* for a year."^. j '\u25a0'1~. \ J : ~'.r ''.'\u25a0-'. ' '' : l'';' ' : :'' \u25a0"• Mr. v Ferguson made- a- short speech, but V will conclude "tomorrow, 1 , after' Mr. Freeman argues; for ; the ; respondeh t ; Attorney j.W.Uß.'Rodgers 'made the first j address * for * Hart je.j "• He made a sharp attack* oh "the • character of Mrs. Hartje. . He«epoke ; for -a. little more than an-hour.^ He rcferredflrst to the separation of Mr. and 'Mrs. Hartje, say ing that th©. real reason for her deser tion was to be found In the love letters alleged to -have "been; written /.by her to tha. coachman co-respondent, "Tom' M arine.' '*": ; -- ; :-.w \u25a0-.'• '\u25a0 .;- ' \u25a0 ' :\u25a0 : \u25a0 v - Mrs.'i Hartje, '.overwrought rby the weeks of- excitement, # gave' way to ; her -feelings - as 'her \u25a0 attorney,, Marcus - W. Acheson . Jr., ; was making his plea. At torney Acheson Inclined: to .the' pathetic side of , thY case t and'.Mrs.'C Hartje cried silently. \u25a0.'. During;her,scathlng arraign ment vby j Attorney \ Rodgers," who " open ed the argument 'for Hartje, she; main^ tamed her composure,., except -to cx T press byher looks^her disgust at what was being said. ', ; '"\u25a0 '* V It ;is -. expected ; the arguments will be finished in a day ;or twbi - Judge Frazer v will < leave* the i; city'/ tomorrow and the court's decision is not expected Santa Rosa' Burglar Get » r TW«lve Years. I SANTA ROSA," Aug. 6.— Fellcio del Carlo .was sentenced to twelv/» years; in Folsom today \u25a0 by^ Judge ? '-ks'l G^" Burnett for Jburglary. • Carlo was 'captured after haying, been surprised, by. the \u25a0 proprle^ torj in robbing the' saloon of E.* Gemettl on ; Third ' street ; shortly af ter ''\ the :flr« of last April. There -Is a prior against him."- . \u25a0'\u25a0', •'\u25a0." . . Ex-Senator Bard ' Recovers. ; SANTA; BARBARA.,^ Aug. 6.—Ex-Sen- ator Bard,\wb6 \ has * been - reported se riously, ill,', has beenßiightiy^ indisposed; , Jrut isnow'/fuilyrrecovered. - •--- -iii. ; .*"\u25ba- ---. '\u25a0.•-\u25a0\u25a0\u25a0.\u25a0\u25a0-•\u25a0"*; \u25a0 \u25a0 '\u25a0•\u25a0-\u25a0:\u25a0.;:&,:.!•;;: -: ; \u25a0- . BOARD RAISE ASSESSMENT ON ROADS. Equalizers Add Nearly $1 5 ,- 000,000 to Values of the Various Lines. SOUTHERN PACIFIC $6,137,098 Is Tacked ;on Sante Fe Figures and $ 1 ;,-.'\u25a0 13 1 ;2 1 0 to T Clark Line. SACRAMENTO, Aug. 6.— The State Board : of Equalization "at _this ; morning's session made' a total raise in the assessments of the railroads of the State amounting to $11,190,636. -in addition to this amount the various "county Assessors have as sessed to the various roads or spurs and' side' tracks :that- were: formerly as sessed by the State Board to the amount of- $3,793,891. which gives : a total 1 raisejn the assessments of the roads over that of last year of *$14, 984,526. In calling the board to order Presi dent Alexander. Brown said he had a new- method -of assessing the roads which he desired call to the atten tion "of the board, with the hope that it would adopt; It,- as it was based on the proposals of the State Tax Com mission of: taxing -the roads on their gross earnings, vvh'ch he Considered an equitable and automatic procedure. 'The' comparative' statement showing the action of the State Board of Equal ization on railway assessments for 1906 follows: i • ; Companies.. I % 1905:/- 1.-1006.'- Increase.; Central Pac: $15,000,000 815.000.000 .TTTTTJTF! Southern'. Pac: 35,801.400 \ 38,701,84" \ 52,810,447 Sou Pac* Coast ',1,009,6)50*^1,000,680 ;;.r.. :.".;: NeTi&ssGaKy- . > ,200,00?) :', .^200,000 ':':t7rr^.rt- Sou* Cal Motor -.60,000 \u008460,000 . ,V.V... .,' Cal*-NorthwfBt ; 2.0Q0.Q00 -v 2,300,649 '-yZWMI ?North /.Uliore:, ,;' 000,000 ; , 861.862 "^ 2615 62 ' \h : ?\u25a0&*&\u25a0;?.\u25a0. 12,000.000 18,137,005 v C.137,09S pSr Pidro.;L"/A --;,- :* ••' '--• r ,-.•--> - j - t-iSalt Lake -r 020,160 \u25a0 • 2,051,370 1.131.210 Pae Coast- ... -.250,000 300.645 59.645 Net, Ck U. On' .225.000 254,511 * "\u25a0'29,811 Sierra -Valley. " 43.776 50,211 - -6 433 NerCo Xar G s ;: 112,500 130,657 18,057 Pajaro V Con / \u25a0 150,000 ,150,000 ...'..". . Sierra .Ry-Cal . -417.670 633.515 215 P45 Western PacT. .' 160,000 ' 157,821 , 7 821 Boca & Loyltn r 200,000 256.055 55.055 JLake -Tahoe. . . •• 50,000 KO.OOO . . • - Empire . Kedwd ; " .40,000 57,000 17 000 Pullman C 0... 500,000 600.000 IOOioOO Totals ... $69.520.156 $51.010.521 $11,100,*C35 Increase by local assessors, $3,793,891. Total increase, $14,984,526. - STATE TAX RATE WII<L BE LOW. SACRAMENTO, Aug. 6.^-There is a possibility that the tax rate of the State will" be reduced to 47.8 cents on the hundred this year, despite the ' re duction of about $150,000,000 that •is computed as coming from San Fran cisco. Of course, this. rate, is com puted on the Assessor's figures, which may be materially changed \ by those of the Auditor. -. Individual; members" of : the State Board "of Equalization; however, de clare'that' they "do not hope , to reach '47.8 -cents, and believe they will be fortunate ' if they keep the rate as low as 50 cents. Last year's rate was 49- cents. MAID FALLS UNDER MILITARY IRE. SPECIAL DISPATCH TO THB CALL. \u0084-. PORTLAND, Or... Aug. 6.— JV.n order has just been issued by Captain H, P. Howard*' acting commandant' of Fort Walla Walla, Wash., excluding Eva Beller, a seventeen-year-old servant girl, from \u25a0 the military/reservation.' The / girl; refused -to return to -the/ em ployment of Mrs.'; Howard, and insisted on remaining in the employ of Lieuten ant Holcomb as maid. . 'The order has caused a' sensation; in army-circles at the post and is re garded as' one : of the most remarkable occurrences - ever made ' public In .', 'the army. An inquiry by the.War-Dep artment is rumored. -r Eva Beller's home Is at \u25a0 Freewater," Or.,- and she. was. formerly employed as domestio in Captain Howard's household. .She became 111}, some "time ago and returned to her' home for; a while. ' When \u25a0 convalescent \u25a0 she' was vis ited [\>y, Mrs.' Howard several times,- but when;;B,Bked;to, return ;to~:her employ the Tgirl i refused.' She ; later,; returned; to work for the wife' of Lieutenant^Hol comb. 1 This roused ' the* Ire; of 'the 'act- 1 Ing commandant*' and * brought out ; the amazlngofflcialorder ordering the girl toUeave- the post/ / I V Lieutenant Holcomb; was. directed, to" report the) girl f was working for '\u25a0 his .•: family;-= and • the peremptory order; followed.," i , /The gW will not;b«-allowedtO';Work or ; to reside Jat,the;post; Attempts' of Lieutenant Holcomb to calm; his supe-* rlor.by vouching; for -the; girl's good character failed ,of;their; purpose. Cap tain. Howard saying :In his order, .that servants ; at .that ? post: would not^^ be^al iowe'd^^ tp'rshi't'from-oneTemployefrt^ 'another! except ;-.wlth" the : f ull • oo'nient \u25baof - the'- lormet31 ormet 3 •xßploV«r» '\u25a0> i V "---:\u25a0 ; ; ; ; % ,' '\u25a0-;, FAILURE OF BANK BRINGS DEATH TO TWO. One- Man Falls Lifeless, An other Kills Himself When Suspension Is Announced 'HIGH OFFICIALS l|i ARE IN FLIGHT ; Warrant Is " Issued for the Cashier — Deficit Esti mated at One Million CHICAGO, Aug. 6.— With a deficit In Its accounts estimated at close to $1,000,000 and rrlth the irhcreaboats of two of Its high est officials unknown to the authorities, the Milwaukee-avenue State Bank, one of the largest outlying banlts In the city, wa« closed today by State Bank Examiner C. C. Jones. In the excite ment . following: the announcement \u25a0 'of the failure J. G. Vlaser, an official of the Royal League, who had on deposit In the bank funds of that organiza tion, fell dead of heart failure. Henry Koepke, a small grocer, -who had placed the savings of n lifetime in the bank, on hearing; that it had suspended payment, went- to the rear of his store and shot himself. He died a few minutes later, while bciner taken to a hospital. Another sensational feature of the af fair was the disappearance of the cash ier, Henry W. Herring, and the issuing of a warrant for his arrest on a charge of embezzlement. The first public announcement that the bank was. in trouble was the. post ing -of <_ a "notice at the . beginning of banking by-JJank .Examiner. C. L C. Jones* stating -jthat, business X had beeii suspended for thTe^purpqsa, of .making an examination i ro^^th^bank'^affalrJßu'&nd thatjthejlnstltution^was-in^ the hands \u25a0* ; Sobh'a "clarAoVdus crowd -gathered :bes foreithe doors and demanded admission: Anticipating: trouble, a" score of police men were 'hurried to the scene. "Only those having keys to safe deposit vaults were allowed to enter. Many burst into tears when they found that their sav ings were endangered or lost. The shortage "is estimated to be be tween $750,000 and $1,000,000. Disas trous speculation in real estate and in the security market is said to be re | sponsible. Members of the Clearing house committee were told that most of this amount was wholly unprotected by adequate collateral.. The institution was known as a -"family bank." The Stensland family, for years well known residents of the Northwest Side, held much of the stock and members of the family operated the bank. It was or ganized in 1891 with a paid-up capital of $250,000 and succeeded the banking firm of Paul Stensland \u25a0& Co. A state l.ment by Vice President Stensland today showed $1,051,000 in cash on hand.' He said that -the bank carried $4,200,000 and had 20,000 depositors. Tyhe Stens-' land bank was not : a member % of the Clearing-house, but cleared through the American Trust and Savings Bank. The concern's New York correspondents are the '\u25a0 Mercantile and the Chaise national banks. MEN FIGHT WHEN DOGS FINISH. SPECIAL DISPATCH TO THE CALL. "ATLANTIC CITY, N. J., Aug. 6.— General George Uhler, U. S. A., retired, of Washington, D. C, Howard Bon bright,'" a t rich Colorado youth. Con gressman -» Butler of Pennsylvania and a:number of "butters in", created -a big sensation In the village of Longport last i Saturday C night, . all . over a 'dog fight.:- Congressman Butler's dog was walk ing up the street In front of the Aber deen Hotel iwhen • it ; was pounced upon b'yf; another dog. .The guests k&t ' the Aberdeen, among them General Uhler, saw^the fight, : and wTTen • the Congress man's dog began to get. the worst of it General 'Uhler marched . out, grabbed^ one' of . the" dogs by the i neck, carried : him back " to Uhe'. hotel ..veranda and proceeded to pound its head against a' post. The other; guests^ objected ('and cottagers from : the neighborhood took a hand in\the protest' also. words: ensued.. "When the cottagers - left the : general continued to express his~ disgust tor those "^who \u25a0 In terfered, ': whien'- young ' Bonbrlght took up the cudgels and continued the fight. Finally the general ;ian'ded upon Bon bright's eye fand the fight was on.: The general- was getting the worst, of it when ; \u25a0.- bystanders ' pulled Bonbright away andiheld r-hlm ' while the general punched;. him' to his' heart's .content! There ,\u25a0 are- rumors of warrants to be Issued, -and \ the townspeople, fear for further trouble unless some one makes !a1 hurried \ departure.. ' ;!—----—*- _ , • McEnerney Act Argued Before Supreme Court MOB HANGS THREE COLORED MEN. . CHARLOTTE. N..C. Aug. 6.— A mob of 3000 men shortly before" 11 o'clock tonight forcibly, entered the Rowan County , Jail at . Salisbury. . removed therefrom three of "-i the five .negroes charged with the murder. of the Lyerly family at Barber Junction- July 13 and lynched '• them."". Neaae und : John . GlUes ple ; and- JackJDllllngham.^ supposed to be :i tne ; principals In. that crime/ were theyvtctlmsiof^mobivengisance/.' 1 The re maining J negroes,, Henry ' Lee, .George Ervin* aiid Bella :Dilllngham. were not molested, and later tonight officers hur ried them off to Greensboro. The mob; began garnering at sun down. About 9 o'clock Mayor Boyden called upcn the local military company for aid. They assembled quickly, but were supplied only> with blank car tridges, having no orders to shoot to kill. Fireman McLendon of Charlctte. a Southern Railway employe, was shot and fatally wounded by a member of the mob. Will Troutman, a negro dray man, was also shot and seriously wounded. Both of' the shootings are claimed to have been accidental. At 10 o'clock the mob was augmented by fully 500,men,;who came, it is. said, fr6m Whitney. It.was but'a few min utes after their arrival when a crowd of fifty, forming a soft of flying wedge, made a rush for the Jail doors,, over powered the offlcers and effected an en trance The great crowd outside surged in behind the leaders and 'in a- few mo ments emerged from the door with their victims and marched northward. A halt was mad vat Henderson ball grounds, on the edge of town. ' There the negroes were given time to confess the crime. They refused either- to deny or confess. " John Gillesple wept pite ously and begged for his life. .Finally at. midnight the .three were strung up to the limbs of one tree and with howls and curses the crowd riddled the dang ling bodies with bullets. \u25a0 The mob then dispersed. SPANISH WAR VETERAN ACCUSED OF PERJURY For Making False Pension Claim Howard Steams Must Face a Federal Juiy. » "Howard M. Steams, a young man of robust appearance and about 29 years ; old, was arrested yesterday by United States Special Examiner O. L. Sues ' and Deputy United States - Mar shal - da Lan cie, on a charge of having presented a false pension claim. Steams served in the,, Spanish war, and on February 4 applied for a pension on 1 the ground that he had received a permanent Injury to his spine while playing: ball 'at the Presidio. -It" was, learned- that he had injured bis -spine and had been permanently cured "before : he enlisted and that; he had ;. not been \u25a0 injured \u25a0at - all as stated by him. Steams, It is alleged, could simulate . curvature of the spine so -well that he made .a.board of pension ex aminers .believe last July that one of his legs was several v Inches shorter than; the other... r. VUnlted \u25a0 States Commissioner Heacock set { bail; aj^i2soo and ordered him to appear • for 'trial . next Saturday morn ins" at 10 o'clock. Bryan Wins Conservatives. WATERLOb, lowa, Aug. 6.— The con servative - element of : the Democratic party, \whlch v in the past has opposed Bryan.'" will' be *ln' control of the lowa Democratic convention tomorrow and .will t father a > movement to \ assnre the of Bryan as a conservative, . .. . -v . i 5^ inhere js an interesting character iKMy^of the late Russell Sage in next Sunday's Call. PRICE FIVE CENTS. Validity of Title Renewing Law Discussed. GASE PRESENTED .[ IN ALL PHASES Question of Serv ing Notice Is Main One. ARGUMENTS were presented to the Supreme Court yesterday ytor and against the constitu tionality of. the McEnerney act, which provides for the restoration of titles to land by actions In rem. Garret W. McEnerney defended the act, whlla Judge John Garber, acting: as attorney for the California Title Insurance Com pany, representing the title insurance companies, endeavored to show that it was in - conflict with the fourteenth amendment of the constitution of th* United States, and criticised it In va rious otlfer ways. The question before the Supremo Court was whether this act, recently passed by the Legislature for the es tablishment of land titles in San Fran cisco, was constitutional. Inasmuch as' practically all the record evidence o& title -was destroyed by the recent con flagration, a proceeding was necessary v/hereby titles could be Judicially es tablished. The Legislature at its re cent extraordinary session passed a law to accomplish this purpose. Under pres ent conditions it is impossible for aa owner of property to convey a mar ketable title thereto, or to negotiate any loan thereon, as it is impossible to determine from aSay - public record •whether titla is valid. ! The Governor, , In* his call convening the jLegislature in extraordinary ses sion; directed^ legislation to be 'had on this subject.- and in: response thereto the Legislature passed the law which, was the subject of argument in tha Su-« preme Court. This law substantially provides that the owner of property may maintain a suit to have determined all claims and interests thereto. A scheme la provided whereby all persons known to have any claims are required per sonally to be served with summons* Summons is published against all othe* persons. A Judgment in the case, af tei» due and proper proceedings adjudicate ing title in the plaintiff, bars the: en* tire world. IS SIMPLY TEST CASE. i\u25a0 \u25a0 - The case came up before the Su-* preme Court yesterday In the proceed* ing entitled "The Title and Document Restoration Company, a corporation* petitioner, vs. Hon. Frank H. Kerri gan. Judge of the Superior Court off the State of Callforina in and fo? the city and county of "San Francisco, respondent." It was purely a test case. The, petitioner had applied to Judga Kerrigan for an order directing a. newspaper to be designated in which the summons might be published. Without argument or discussion, and to enable the matter to reach the Su preme Court expeditlously. he refused to make an order and formally held the law to be unconstitutional. •\u25a0 It'ls probable that In all the history of the California Supreme Court thers has neveribeen another case receiving bo much attention from the legal fra ternity as that of yesterday, when tha validity of the emergency law was argued by as good legal talent as tha State affords. Attorney McEnerney opened tha dis« cusslon by telling how the city rec ords were destroyed by the big flre, of how the future progress of San Francisco depended upon the estab lishment of unquestionable titles to tha land, and of how,^ prompted by dlra necessity, the Legislature was con vened in extraordinary session to pass a law that would enable property own ers to establish their legal rights to their land. In the preparation of tha law that had been passed for this pur pose, he stated that court records had been searched for decisions on which a desirable law could be based. The speaker drew an analogy be tween the law he was discussing and that which forever settles the title to property left by a deceased person, and he stated that If the one is unconsti tutional the other must be. PRESEXTS TECHNICALITY. Judge Garber argued that although the Legislature designated the act to be a proceeding in rem. It was In na ture a proceeding in persona, and aa such it is contrary to the fourteenth amendment to the constitution of tha United States, -.which' provides that no man . can be deprived of "his -property without "due process of law." To make himself clear, the speake? explained that it was provided in tha McEnerney act that the claimant would be the plaintiff in a case and the entire world* would be the defend ant.land thus it, did hot ; provide* tKkt personal service against the defendant Continued on Page 2, Column ,3.