The San Francisco call. [volume], October 05, 1910, Page 4, Image 4

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

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4
EACH SPRECKELS HEIR TO GET $1,000,000
Judge Coffey Decides That the Five Children of Late Millibnaire Shall Share Equally in
i:he $5,000,000 Estate ALeft by Their Parent
Continued from Pag* 3
•with all power over the property once
he made the gifts to his sons John
and Adolph. and he could not .there
fore restrict or qualify the nature of
the act. The only way in which the
charge could be made as to the donee
is by the latter's acknowledgment in
\u25a0writing. Civil Code. California, Sec
1397
According to the dominant authori
ties, this charge in writing must be
contemporaneous; it must not be m post
facto: it can not be effected by a recital
in a will made several years subse
quently; but this will does not charge
thf-««e gifts as advancements; on the
contrary, testator declares in the fourth
clause that he makes no provision "In
his will" for John and Adolph because
he' had already "given" to them a large
part of his estate. That was his «-x
pnnr and ex pout facto declaration, in
which there was no written consent of
the donee, as by the statute required.
When he made the gift it should ap
pear that it was intended as an ad
vancement, otherwise it is an. absolute,
irrevocable gift; and no subsequent
statement, even in a will, can change
the original character of a completed
transaction. It is a question of Intent
•to be determined by contemporaneous
circumstances; always to be ascertained
by what took place at the time, and, in
: the abeence of evidence as to this, by
: the attendant circumstances. — Iteinoehl's
Estate, 212 Pa. St. 360.
In the Michigan case it would seem
that the testator had retained the right
lof testamentary dlspoeitlon over * the
I property. It was a case of completed
testary, and therein differs from the
case at bar. McClintock's Appeal, 58
Ivlicn. 152. The other Michigan case.
Power vs. Power's Estate, 91 Mich. 587,
' eeems to be strictly a case of contem
poraneous charge. Neither of these
cases would appear to be advantageous
to the contention of counsel for execu
tors.
These cases do not serve to support
' the proposition presented by counsel, in
the estimation of this court, if they are
read right.
Counsel for executors advert -to the
effect of the Judgment upon the demur
. rers In the matter of the partial dlstrl
: butlon, and insist that that Judgment
•Imports total intestacy, and that, there
fore, opponents here have no standing.
What was determined by the Judg
ment upon the demurrers In the matter
of the partial distribution? The rea
soning of the court in coming to its
conclusion can not bind the parties, but
the Judgment as entered determines the
character of the issues submitted and
decided, and that Judgment or order re
' cites that the matter coming on regu
larly to be heard upon the demurrers
filed by John and Adolph as heirs at
law to the amended petition of Claus A.
and Rudolph praying for distribution
to them as trustees named in the will
of Claus Spreckeis of certain properties
described upon certain trusts and to be
by them held t > certain uses and pur
poses in said will set forth, "and it
appearing to the court that Anna Chris
tina Spreckels, widow, and named in
eald will and testament of said Claus
Spreckels. deceased, died In the city
and county of San Francisco on the
•25th day of February, ISIO. at the hour
of 7 o'clock and 10 minutes a. m. of
j said day, and the death of said Anna
Christina Spreckels having been sug
. gested to this court, and the court hav
\u25a0>3ng the Bald matters under submission,
-.and being fully advised in the premises.
;.1t is hereby ordered, and adjudged and
decreed that said demurrers be sus
•talned and said amende petition of
fsaid Claus A. and Rudolph be refused
*amd denied." This was dated February
' io, x 9 1 0. . ..**\u25a0-.*'
This is the Judgment appealed from,
the decision of the court, and whether
;«rroneous or correct must stand or fall
Jby Its terms. In the course of the
-opinion this court said: "It appears to
be admitted that the first trust pur
pose declared by the will, to provide an
income for the wife, is valid: but It Is
asserted that the second and third
WATER RATE CASE
IS AGAIN ARGUED
McCutchen-s Resources Not Ex
hausted by Another Day's
Flow of Words
Drawing liberally on the testimony
that has been adduced in the hearings
of the Spring Valley water company's
suit to set aside the water rate fixed
by the city of San Francisco as confis
ratory. Attorney Edward J. McCutchen,
for the corporation, continued his argu
ment throughout the day yesterday
before United States District Judge
Edward Farrington. It may take him
two days longer to complete the open
„- Ing argument.
McCutchen resumed his discussion
yesterday morning of the necessity of
the city hax-lng the Spring Valley
plant In conjunction with the Hetch
Hetchy system. With the city owning
both systems, he held that it would be
necessary to build only one pipe line
from Hetch Hetchy. This, he argued,
would result in a saving of $12,540,000.
He also brought out the fact that.wit
nesses had testified that the Spring
Valley water was purer than the
Hetch Hetchy would be here because
of the Impurities which would be
gathered by the mountain water while
being brought to this city.
Objection was made by McCutchen to
the valuations placed on Spring Valley
property by Engineer Grunsky. One
of his points was that Grunsky had
not allowed any interest on the cost
during construction. He also tried to
establish the Importance of the upper
Crystal springs and upper Plllarcltos
dams, although they are not now in
actual use as a part of the peninsula
eystenx That Grunsky had proceeded
on the wrong theory In giving to the
Alameda properties a lower valuation
than the peninsula holdings was also
argued by McCutchen.
In discussing the Lake Merced prop
erty, McCutchen contended that It was
of exceptional value because of Its
adjacency to the city. In 1908 Judge
Farrington held that the land values
were governed by the water produc
tions, and McCutchen was entering
upon a discussion of the realty value
of the Lake Merced property when an
was taken for the day.
AGED CHEESE IS HANDED
DOWN THROUGH FAMILIES
Bequeathed From One Genera
tion to Another as Souvenir
In the Alpine regions of the Swiss
cantons of Vaud .and Valals. cheese
makers will keap their "products? for.
years. They assert- that cheese im
proves with agre. At Lea Ormonts, in
the canton of Vaud, It Is customary to
make special cheeses for certain
family feasts. They, are tagged with
explanatory labels an-J eaten several
years later, at other feasts," or even at
funerals. Oft^r sucfcCcheeses : are .be
queathed from one generation to an
other as family souvenirs. Recently, at
Lpb Ormonts, In. a concealed shelter,
there was discovered a cheese dating
from 1755. It was as hard as a rock,
end had' to be cut "with a 'saw.' It is -re
ported to have tasted^EOod. _-,<. % , \u25a0 • -_ ; >
trust purposes are void, \u0084because, because- nei
ther Is authorized by the statute." 5
Probate Decisions. 320
The argument then seemed to turn
upon those two trust purposes.
The opinion alluded to said further:
"It is admitted that the first trust, for
the life of the widow, is valid, and does
not exhaust the fee"; and then pro
ceeds to discuss the unity and entirety
of- the disputed trusts, saying, among
other things, that the only way in
which the petitioners could come Into
possession of their parts would be
through the transfer from the trustee
to them u^on the death of the widow
of testator. The life trust was treated
throughout as removed from the range
of argument, and the court's^ mind ap
peared to have been occupied with the
other paragraphs of the will. 9 Pro
bate Decisions, 353.
By coincidence the announcement of
the decision and the intelligence of the
death of the widow were almost simul
taneous, but, -the official and formal
document was later in -promulgation
and minuted date and incorporated the
fact, as above recited, of the death of
the widow.
Thus the record stands, and, techni
cally, the effect was to declare that the
life estate had terminated and the peti
tion of the trustees for partial distri
bution to them was denied as of that
date. \-a'iS •
It seemed to have been assumed all
around upon the argument that the
life estate to the widow was valid and
the court accepted that assumption,
and the trust as to the remainder of
the corpus was assailed and, held to be
void. There was no contention hi the
argument upon the life trust. It was
not put In issue in the pleadings, and
hence can not be considered as a fac
tor in the solution of this problem.
The question was as to the validity of
the dispositions.. In trust dependent
upon the death of the widow, and it
was these dispositions that were spe
cifically dealt with and held void. As
in the New York case, Messman v. Eg
enberger, 46 App. Div. 46, the testator
undertook to create a trust.
The testator, however, had pro
vided in his will, as Claus Spreck
els did. that his wife during her
lifetime should have the use and
benefit of the income of his es
tate, and the remainder was cast
into this trust which the court held
void as suspending: the power of
alienation for more than two lives
in being; and. as to property upon
which the testator had abortively
sought to make that trust operate
he died intestate, and that prop
erty went the way of the law of in
testate succession; and it was
sought to apply the doctrine of ad
vancement In that case, but the
New York court held that the doc
urine could not be applied, because
there was no total intestacy, that
the life interest of the wife in the
. corpus of this fund was a material
and substantial disposition by will
• and .rescued the testamentary doc
ument from the allegation that it
stood for a total intestacy.
That this construction may defeat
the intention of the testator is the re
sult of his endeavor to create an es
tate which was forbidden by the law.
as declared for many decades by our
courts, and. as was said in the New
York case Just cited, decided In 1599,
it is the construction jdven to the
statute by the courts in England, from
which our statutes came, and we should
not be Justified at this date in chang
ing what has become a rule of prop
erty.
It may be that, by the application of
this rule, testator's intent may be frus
trated in one case and In another ac
complished, yet it mupt be applied by
the court, even though It work both
ways, according to circumstances.
We have had in the case at bar
much technical discussion as to the
meaning of the words antf phrases "de
cedent, "intestate," . "an intestate,"
"the Intestate," and whether or not the
substitution of one term" or phrase for
another alters the substance, and coun
sel for executors argues that the
change of the word "intestate" In the
MANY CONTRIBUTE
TO SULLIVAN FUND
Amounts Collected for Monu
men! to Fire Chief Reach
. Total of $11,540.50
The c<)ntributlons to the Sullivan
monument fund yesterday amounted to
$4 69.50, making a total to date of $11,
540.50. Following are the subscriptions:
nubscribed . . . .$11,071.00
'Fireman's Fond S. F. laundry $10.00
Insurance C 0.. .550.00 National brewing
German savings & company ... 10.00
loan society ... 25.00 Cerclat ' laundry
Southern Pacific. 25.00 company ..-. 10.00
Thomas .Map* & South S. F. pacs-
Sons 10.00 Ing company... 10.00
Unman & Hlrsch- Jos. Herrscher co. 5.00
ler 2.50 J. Pastene ft.oo
Stlne & Kendrick 5.00 L. Urizzolara 7.50
Davidson & Leigh 2.50 S. G. McNeen 10.00
G. W. Pennlngton S. G. McNeen, for
Sons 5.00 a friend . .. 25.00
Murray Bros, ma- Wlchman & Lut- .
chine works 2.50 Ren 10.00
Keystone boiler Anglo-American
works-. 5.00 crockery c 0.... 6.00
United engineer- Mysell- Roll Ins .. 6.00
Ing- company... 5.00 Cal. stevedore co. 10.00
Pacific boiler wks 5.00 Hlldebrandt-Pos-
H. M. Cook belt- ncr company 5.00
\u25a0 Injr company... 5.00 Robert Dollar Co. 10.00
California ink co. 2.50 James Otis 5.00
Hills Brothers... 5.00 Gladdlnjr-Mcßean
Blx compressed company 10.00
air drill c 0 . .. 5.00 Santa Crux Port-
Main street iron land cement co. 10.00
wt >rfcs 5.00 Standard Portland
Main street plan- coment company 10.00 :
leg mill 2.50 Jobnson-Locke co. 10.00
Sherwood & Sher- J. C. Welch ..... AO.OO
wood \u0084.. 5.00 11. Grauerholz. . . 5.00
Western Iron vrks Bedllck & New
(addltlonal) ... 5.00 man.. ..... 2.00
Union matting: co. 5.00 Lachman 8r05... 2.50
S. Bollln Sons... 5.00 Francis- Valentine 2.50
Western meat co. 10.00 Fink-Schlndler . . 2.50
Jackson brewing L. & E. Emannel 10.00
-company .5.00 La Grande laun-
John Itapp & dry .. 2.50
Sons 5.00 Gailfoy cornice
Morgan oyster co. 5.00 works 2.50
Slieschman & . A. Koerber....'. . 1.00
Clark 5.00 R. B. Bradley... .50
H. M. Copeland.. 2.50 Gus Llndaucr.... 5.00
T. MeGlnnlss 1.00 B. Graves & Co.. 5.00
Waterhouse & Les- Cal. paw works. 5.00
ter .......... ."10.00 Empire mi 11..... 5.00
Total ••-••• -f 11,540.60
COUNTY CLERK'S EEFoßT— County Clerk' Mul
crevy's rpport for the Quarter ending Septem
ber 30 6how«»d that the receipts during \u25a0 that
period totaled $37,130 and the expenditures
$23,400. leaving a balance of $ 11,730.
GAS, DYSPEPSIA, INDIGESTION AND
ALL OTHER STOMACH MISERY GOES
Take a little Diapepsin now and
your Stomach will feel fine
five minutes later
' If .your meals -don't fit comfortably,
or you feel bloated .-'after eating, and
you believe itis the ..food' which fills
you;: If what, little you .eat lies: like > a
lump. of lead on your stomach; if there
Is difficulty in breathing after eating,
eructations ,of , sour, :-* undigested; food
and acid, . heartburn, brash or a belch-"
ing'of gas, you can, make up your mind
that you need something, to ; stop^- food
fermentation and cure Indigestion^ i-?l; :
; To make every i bite of "food^ you* eat
aid In. the nourishment and strength
of your body, you must rid your* Stom-'
ach of poisons, excessive acid and
stomach gas, which sours . your/ entire
meal— interferes /with ." digestion -and
causes so 'many : sufferers of Dyspepsia,'
Sick Headache, Biliousness,- Constipa- ;
THEvM^€F^
statute of 1850 to the word '"decedent"
In section 1397 of the' civil code oper
ates an enlargements of the -meaning
of the term to include testacy, and that,
therefore, even If .this court hold that
this is a case of partial testacy, still
it may be construed as : within the law
of advancement. ~ ;'; ' , '
An examination of code -history will
show that our codiflers did; not, inten
tionally make any such , distinction, and
a comparison or, code; contexts '.will
serve the same purpose. .The codifiers
seem to have had in mind the K Eng
lish" rule which made. total, intestacy a
postulate for, advancement. ;See Anno
tated Civil Code of California. -In Eng
land, as is -conceded, there must be, a
total intestacy to\ invoke the doctrine
of advancement. It .never has been
held there that It applied In any other
case.' In running, our- code sections
concerning the administration of Intes
tate estates, we find these terms "in r
.testate" a,nd "decedent, \u25a0• used Indiffer
ently. Compare; for example, the sub-,
divisions of section 1365 as to the or
der of persons entitled to administer,
and it will be seen that in. that statute
the word "decedent" is üßed as the
equivalent of a person dying intestate.
This is the way In which the New York
court, undertook -to interpret the ex
pression by going to the provisions of
the statute governing the granting- of
letters- of administration. Thompson v.
Carmichael, 3 Sanfd. Ch. 119.
I The word "decedent" as used in the
Code of Civil Procedure, relating to the
granting of letters of administration,
should be construed in its usual and
ordinary sense, which, as defined by
Webster, means a deceased person—
that is. one dead; departed: from this
life. Hence one, though civilly dead,
by reason of imprisonment for life. Is
not a decedent, within the meaning of
the statute. Seph's Estate, 50 Hun. 523.
The word "decedent" means either a
testator or a person dying intestate.
Bouvler's Law Dictionary.
The word "intestate" signifies a per
son who died without leaving a valid
will, and hence the validity of the will
Is a test as to intestacy. Cameron s
Estate, 62 N. Y. Suppl. 187, 188, 47 App.
Div. 120. , ;
The word "intestate," in the legal and
popular sense, means a person who dies
without making a will. Such ls ; Its
meaning in 1 Rev. St. p. 754, providing
that the sum of advancements made to
the child of an intestate shall . be de
ducted from his share of the estate,
unless the advancements exceed such
share. In. which case the, child shall in
herit nothing. Messman vs. Egenber
ger, 61 N. Y. Supp. 556, 46 Apr>. D1y.46;
Thompson v. Carmichael (N. V.) 3
SandfV Ch. 120, 129; Kent v. Hopkins,
33 N. Y. Supp. 767, 768, 86 Hun. 611.
Within the meaning of this law and
rule, a man who dies leaving a will is
not an intestate, although by his will
he bequeaths only his personal estate,
leaving his real estate undisposed of.
Thompson v. Carmichael (N. V.) 3
Sandf. Ch. 120, 127. 129. Or one who
dies devising all of his real estate, or
a- case of partial Intestacy. Kent . v.
Hopkins. 33 N. Y. Supp. 767, 768, 86 Hun.
611.
It is not necessary to engage further
in a consideration of the disputations
as to the meaning of these terms. The
foregoing remarks and citations are
sufficient to justify the conclusion that
the code of California can not be con
strued to conform to the contention of
the counsel for executors. This coun
sel has argued with characteristic
force and ingeunity. that our statute
supplies to partial as well as total In
testacy, and he treats that proposition
as established, saying with vigor that
in California, for the first time in the
history of , legislation, the law of ad
vancement is made definitely applicable
beyond the slightest doubt or question
to cases of both total and partial in
testacy and' to both real and personal
property; and hrs argument is grounded
upon this verbal distinction between
terms which Mr. Charles O'Connor, in
the Carmichael case considered ingen
uous but unreal, and the court in that
case seemed to adopt that counselor's
view, as may be seen in »the citations
already made herein. %
\u25a0I have read the arguments and opin
GEORGE A. DAVIS
IS DEAD, AGED 93
Pioneer Merchant and father of
Manager of The Emporium '
Passes Away
George A., Davis, a pioneer merchant
of this city, father of Andrew M. Davis
of the Emporium and Eugene Davis •of
the firm of Weinstock, Lubin & Co.,
died at his home, 2712 Pine street, in
this, city, yesterday morning, after
having rounded out nearly 93 years of
a most useful life. He had enjoyed
excellent health until a few months
ago, when advancing age compelled
him to remain at his home.--'
Davis was born In England in Janu
ary, 1818, and came to the United States
when only six months old. His early
days wore spent in Virginia, whence he
went to Cleveland, O. He came to Sao.
Francisco in 1871 and established the
Golden Rule Bazaar, which firm in later
years became a part of the present
Emporium. .
Davis was married in 1844, and at his
golden wedding, celebrated In this city
in 1894,, there were present six sons and
daughters, 19 grandchildren and 13
great-grandchildren. He was one of
the most popular . merchants of San
Francisco and his acquaintances were
from all parts of the globe. ; Andrew
M. Davis, a son, is manager of the Em
porium and president of the Merchants'
association of this city. Another son,
Eugene Davis, is Interested with Wein
stock, Lubin •& Co. * . ; ...
He leaves six children— Myrtllla Peix
otto, Eugene Davis, Andrew ;M. Davis,
Percy Davis, Rebecca Benjamin of ? this
city, and Irving Davis of ' New York.
The funeral will -be held
morning from the Davis home, ' 2712.
Pine street. v
\u25a0 ..... _ — : « -\u25a0\u25a0-.- .j
ATTORNEY ABBESTB CYCLlST— Assistant
District Attorney Rowland Becß«y-turned'.po
liceman yesterday and. arrested Valentine.
Loyso. . a speeding motorcyclist/; for exceeding
' the speed : limit , and . battery. < • Layso \u25a0 nearly \u25a0
ran down Bocs^y. and -In turning out did
: knock down • Ocil - Sanchez. -an -11 year old
Iwy. reslrtlnc ! at . 1557 Mission ; street. : ;\u25a0. ,
tion,. Griping, etc. '-. , Your is no
different— you ,are ; al stomach sufferer,
though you may; call it by; some other
name; your, real and 'only .trouble -Is
that , what • you eat ' ; does : a ,not ' digest,
but -.quickly [j ferments ; and - sours, pro-
ducing almost any. "unhealthy condi-
tion./ V' .\u25a0.'•.' \u25a0//\u25a0;:--; '.''"'••;. /\u25a0'\u25a0.\u25a0 \u25a0- . .- : ;
;:- 'A _case of \u25a0 Pape's , Diapepsin f will* cost
50 cents* at*, any {Pharmacy ; here, f and
will convince anyj stomach : sufferer five
minutes * after"- taking j^a. ; single dose
that^Fermentation^anfi Sour.' Stomach
is "causing j the -misery ;of * Indigestion." i
'\u25a0\u25a0 ";.' No - matter /if i you ; call? your j: trouble
Catarrh -: of \u25a0 the Stomach, >-, Nervousness
or .Gastritis," * or* by, , any /other • name-
always "remember s tha£ : l a*-. certain cure
is- waiting; at'; any/ drug store the';' mo-
merit^ you decide to jbegin flits use> "~\*i
~\ Pape's -.Diapepsin-; will •; regulate f any
but -of Torder/:Stomach, ; within-; five /min-*
utes,\ahd : dlgest;prpmptly,\without, any.
fuss ? or. discomf ort,'f all "of 'any : kind Tot
food :\ you eat. \u25a0'.. *:. ;-. :/.. y -_j. r \u25a0*..\u25a0.-. :.,;.,.\u25a0. .-:<--\u25a0?
ion in- that" case "with" care, and," so far.
as the counsel are" concerned, ltis not
too much to say that In the matter at
bar the propositions have been;. pre
sented with' at least equal learning and
ability In advocacy. " -..."..
» An intent *to alter the pre-existing
law is not-to be inferred froni"*a mere
change of phraseology, in ; . a", revision v of
prior statutes,', and 'there is no treason
to conclude ; that our .codifiers, had-any
'such purposein mind, and as we have
seen in the article relating to granting
letters .of \u25a0 administration . the, word
"decedent" was used as synonymous
with "intestate." :~; - , ' I
To interpret , this -statute, otherwise
would be to. make a constructive in
testacy ;where there was ! no actual one.
This would'savor of Judicial legislation.
The | safe course, 'as pointed 'out in the
Carmichael case, is *to • follow the plain
terms of the statute and not to attempt
innovation, and on the statute a^-total
Intestacy, appears ; to be contemplated.
' But the 'counsel, for executors 'in 'the
case at bar says that we" "have here a
new proposition; the first case under
our modern legislation; the J question
has never before arisen, and it is one
of original impression, and the general
principles of equity and: justice should
guide the court, for ."• the case presented
is without precedent on the books.. The
counsel declares with great energy that
it is now the law in view of our.stat
ute that If the testator -expresses the
wish In • his will that what, he has
given some of his children shall stand
as their share in his estate, that the
provision will; be enforced, even if. the
gifts were not technically "advance
ments," and even though the 'testator
makes no devise or bequest to any per
son directly; and counsel insists that
In such case the general principles of
Jurisprudence, of Justice and. of equitj'.
shall be the guiding star that .will move
.the conscience of the court to adopt an
enlightened Tule. a just and fair rule,
one that is consistent with the entire
situation thus presented. '
The court is admonished that it is
commanded to see tcit that the tes
tator's wishes shall prevail as far as
possible, and that this is the cardinal
rule in all caes, including those where
it is obvious that the will can not have
effect to. the full extent, for it is the
spirit of all this legislation that equal
ity shall be effected among children.
This is the very spirit of the law of
advancements. The court is to seek
and to work out of the statute — out
of this "transcript of the human af
fections"—equality as decreed -in the
statute of distributions through, this
new law enacted by bur legislature.
To this earnest and eloquent plea the
response may be made, in the lan
guage of the same counsel, that how
ever absurd and without justification
the statute 'law may be, it is so v writ
ten; and It may be added, that the court
is not at liberty to change it by con
struction. Although, as counsel says,
many expressions of Judges and text
writers, though confessedly not involv
ing cases of this identical character,
tend in the -direction of his view, yet
they are mere suggestions of sympa
thy rather than statements of law.
Many comments-are made In text
books, and decisions as to the in
justice of the rule restricting the
statute to cases of total intestacy;
but. nevertheless. " the law -is so
written down and embodied in
many of - the states of. the union,
i through express legislation, that
advancements are confined to cases
of intestate estates.
Counsel thinks, however that this
law is not embodied -in the legislation
of California, and that there has as
yet arisen no case that presents for
direct adj-udication under a statute
worded as Is ours, in the light of the
past and present, the precise ai:estion
here involved. This case is unique of
its kind and will be a leading case on
this point, . and the court |is _ asked to
hew out a path in what may be called
a' pioneer trail. ; "-: \u25a0 p ? '
. The difficulty with this 'argument, is
that it asks the court to. blaze a trail
and- to hew out a path where there' is
already a well defined road which the
YOUNG WOMAN DROPS
; DEAD BESIDE A CAR
Member of Outing Party tinder
Care of Parish Priest
. Loretta Z. Murphy, who was 24 years
old and the; daughter of Patrick J.
Murphy, a painter living: at 508 Bu
chanan street, was stricken with heart
failure last night and dropped dead. at'
streets. . Miss Murphy and a number
of young people of Sacred Heart parish
were taking a trolley ride under the
caro of Father McQuade. They were
boarding a car when Miss Murphy
gasped and fell to the pavement! Every
effort was made to help -her, but' she
was dead' before an ambulance could
be called. • '
THE CEGILIAN
Is the \Best Player Piano at the Price
<3 The CECI LI AN does not boast of ordinary "automatics" which
help to do this and that. The CECILIAN has many exclusive
Player features, too many to enumerate here.
CJ But it has one feature which alone proves the CECI LI AN the
most satisfactory Player Piano at the price/ All the action parts
are made of metal, which we guarantee not to rust. Brass or phos-
phor bronze are used instead of wogd. i The metal does no f rust,
while the ' wood does swell, split and rot. In our moist California
climate this feature is very important.
Styles $500 to $ 1 ,000-- Terms if desired N
["Hour of Music"— Player-Piano and Victrola Recital
Saturday Afternoon at 3 in our Recital Hall. Public
cordially ) invited . Take elevator to > eighth} floor.
Sherman Kay & Co
STEIN WAT AND OTHER PIANOS PLATER PIANOS OF ATX r.RAnw :':\u25a0
VICTOR TALKING MACHINES SHEET MUSIC AND MUSICAL MERCHANDISE
.Kearny. Sutter Streets, ; San -Firancisdo ; :
; ';..' Fourteenth f arid Ciay Streets^ Oakland
; .Sacramento, Stockton; Fresno, Bakersfield, San Jose
We\ niPQ Jx nt On v I r\r thr It:
court. must pursue. It isnot petmittea
this, tribunal to originate: ideas :as to
what is i absolute equity and abstract
justice.: ."We have a supreme court .that
insiststhat-itsr subordinates follow the
law as It is set ? down ;tn. the statutes,
and iinv this " cast* -we scni'to be con
trolled by "a statute Vwhich requires the
manifestation of Jan-, advancement by a
contemporaneous writing, and a total
intestacy." . i \ ' \u25a0 - \u25a0\u25a0_•>
-"From- these premises the conclusion
must< be that 'the '.estate should ' be
equally divided among the heirs at law.
Decreed accordingly.
- Tuesday noon.' October 4. 1910.
J.V.COFFEY, Judge.
Notable Deaths
GEORGE D. BUTLER,' ATTOaNET— Yreka, Oct.
. 4.— George •D. Butler, a prominent member or
- the -\u25a0 Rinkij-ou county - bar, and for 23 years a
resident of .Yreka, died here last night, aged
\u25a0 60 years. . '
BIRTHS, MARRIAGES AND DEATHS
; Birth.' marriaw «nd death notices sent by mall
will not;be inserted. -They must be banded in «t
either of the. publication offices and be indorsed
with the name and residence of person* . author-
ized 'to bare the same published. Notice* re-
stricted Mmply to the announcement of the eTent
are published once in this column fre« of charge.
I Marriage Licenses |
'\u2666 .V,^.V "--••\u25a0-•••\u25a0 _ — — — — — — \u2666
.The following marriage Hcenaes were Issued In
San Francisco. Tuesday, October 4: . \u25a0 .'
BOYESEN— GARY— RaIph S. Boresen. 25. and
Winifred R.Carye, 23, both, of 1 300 _ Golden
'Gate: avenue.
CLAUSEN— HANSEN— Peder K. Clausen. 29,
]81A Highland avenue, and Bertha Hansen, 22.
. 141- Tiffany, avenue.
KAPRIALIAN— GAGECHIAN— Samson Kaprla-
ilian. 32. 1492 Ellis street.- and Mary Gage-
..chlan, 18, 1919 Geary street. \u25a0'
I LITVINOFF— CLIFFORD— MIchc Lltrlnoff, 41.
and. Susan A.' Clifford, 45, both of IS4I Scott
street., : " '\u0084*"". , . •• '
MeABEK— NOPPEIt— Norman 0. McAbee. 24.
a^ 1 Mary F. Nopper, 23. both of 112 Miguel
street.
MICHELSEN— TIETJEN— Hans • Mlchelnen. 31.
Oakland, and Mary'TletJeo, 26, 829 Elisabeth
street. * .'
ROBERT— WATSON— George E. Robert. 21.
2730 California street, and Mac M. Watson, 18,
510 Cnllfornla utreet.
ROBISON— ARNOLD— AnseI W. Roblson.' 22, 67
Jordan avenue, . and Florlne A. Arnold, 21, 35
Hill street;
SIBILA— VOLKMOR— CIarence R. Slblla. SO.
216 Howard street, and Estella Volkmor, 25,
Masstlloa, O.
___________
CROWLEY— In this city, September 28.' 1910,
to the wife of T. F. Crowley, a dlaughter.
LOGUE— In this city, September 27, 1910, to
the wife James Logue (nee Rushton), a deugh-
\u25a0" ter '' ; ' ' ' -
MARRIAGES
GARSLER—RUH— In this City, October 3, 1910.
by Rev. G. A. Bernthal. Ernest Gassier and
Emma Ruh, both of Holllster, Cal.
NICHOLS— FAVOR— In thta city. October 2.
-' 1910 by Rev. Dr. George A. Hough of Grace
Methodist Episcopal church, William E. Nich-
ols,, and -Mabel M. Favor, both of San Fran-
cisco.
PECK— BAER — In this city. October 3, 1910, by
Rev. Charles C. Champlln of Park Congreca-
tlonal church, Daniel Bcnham Peck and Min-
nie Ida Baer, both of Chicago.
WALL— HEIDHOFF— In this city, October 2.
• 1910, by Rev. Elbert^R. Dtll«. James C. Wall
and Grace Marie Heldhoff, both of San Fran-
cisco. \u25a0 .; . . - \u25a0'
DEATHS '\u25a0\u0084'
Brannon, " Sadie ." . : . 60, Norwood, Tilllmadge
Brlckwedel, Henry J4B Jr ....-- ••• • 43
Carter, John _C 85 Olsen., John E- ..... 40
Collins, Patrick- :v...Co[ Olsen. Nile .......24
Corcoran, Margaret.. — Ortega, "Mary- A.... 83
Curtln, Mary E.... 57 Petersen; Ellen M.. 61
Davis. George A. . . 92 Pierce, William F. . 56
Franklin, James ... 83 Reid, William L... 27
Galloway, James.... 28 Roaa. Henrietta M.. 31
Hartllng, Henry ...: 6s Schmidt. Eda ..'.... 48
Hawkins. William..- 80 Schlnndt. August C. 79
Hayes, Catherine T. 35 Spence, Patience. ... 82
Hayes, William.... 75 Smith, Charles .';... 34
Horn, Alfred 87 Thompson. Chares P. 38
Johnson, John ..... 70 Tolch. Mauricio 24
Kallxkv. Morris .... — Yon Bremen. Henry 73
Kelly, "Charles A — Wallace. Hattie 53
Libhy, Zea M.......34 Ward, Honora 5....69
Mairulre, Mary .-...78 West," Leonard D..:67
McElroy, George S.. 2 Witter,. Dr. G. F...80
McGrath, James. . . . —- Whltehead, Henry G52
Mitchell, Espln F.. 20 :\u25a0
BRANNON— In this city. October 1. 1910, Sadie
Brannon, a native of Maine, aged 60 year*. S
Friends are reupcctfullv invited to attend
the funeral today (Wednesday), October
v. at v a. m.. from the chapel of N. Gray
& Co.. 2196 Geary street corner Derlsadero.
Interment Cypress Lawn cemetery, by ''auto-
mobiles.
BRICKWEDEL— In this city, October 3. 1910.
Henry J. Brickwedel, beloved husband of
.Josephine Brlckwedrl. father of Harold and
Grace Brlckwedel, and son of Rebecca Brlck-
wedel, a native of San Francisco, aged 48
yeajrs. . A member of Pactflc parlor No. 10,
-N.S. G. : W. ' - \ \u25a0 ; . ;- \u25a0•-• - ' . .
BIRTHS, MARRIAGES, DEATHS
PACIFIC PARLOR NO. 10. N. S. G -. w yT
Offleers and members of Pacific parlor No. «>.
N. S^G. W.; will please asseable at the^ par-
lors, of Barry & Scully. 92T Valencia str^t.
today (Wednesday) rat 1:30 p- m.. for the
. purpose : of attendlnjr the funeral of our Ute
brother, H. ; J. BrickwedeL ;- \u25a0\u25a0 ; \u25a0\u25a0 ','-jr -
R. D.PAOLISELLI. Act. Pres.
\u25a0y^ J. Cl MILLER, R«C. See.
CARTER— In Berkeley. October 3. 1910. John C.
: Carter, husband of Sarah Carter. f«ther or
Mrs. William Nuttall and Mrs. Samuel TS hlte-
- boose, a natiTe of Ireland, aged 85 years l
month and 18 days. ~r . ~
•Funeral will be hel-1 from his l«t» residence.
1639-Alcatras avenue, today (Wednesday).
October s,' at 2 o'clock. Interment strictly
prirate. . * > ' '
COXIJS&— In this city. October 2. 1910. Patrick
' .Collins, a natlre of Ireland, aged 60 year«.
COKCORAN— In thl» city. October 2. 1910. at
her late residence. 226 Third avenue. Margaret
Frances Corcoran, dearly belored daughter or
the late P. J.-and Mary Corcoran and the be-
, loTed sister of William B. and Joseph J. Cor-
>oran and Mrs. F. L. McKenaey, a natiTe of
San Francisco. ' \u25a0 '•*\u25a0/;
Friend* and !»c<jn?ilntanec* nrr resT^tfuiiy
invited to attend the funeral \u25a0 today (Wednes-
day), October 5, at 8:30 o'clock a. m.. from her
late residence. 226 Third • avenue, thence to
Star of the Sea church— where a reqniem high
mass will be celebrated/or the repose of her
soul, commencing at oy. m. Interment pri-
- Yate. Holy Cross cemetery.
CURTIN— In this city. October 4. 1910. at her
late residence, 151 Perry street. Mary E..
dearly beloved wife of John H. Curtln. a na-
. - tlve of • New York, aged 57 years. -
DAVIS-^-In this city. October 4. 1910, Geors*
Ansley. DaTls.r relict of Jessica M. Davis, and
beloved fatlier of Engene G.. Andrew M..
Percy L. and W. IrTlnsr Dstls. Mrs. Raphael
Peixotto, Mrs. R. D. Benjamin and the late
Ansley G. Davis, a native of England, aged
92 years and 8 months. (New \ork papers
please ..capy.) .;:
Funeral (private) tomorrow (Thursday), at
10 o'clock' a. m.. from his late residence. 2712
. Pine street. Please omit flowers.
FRANKUH— In Redwood City. October 3. 1910.
James - Franklin, a native, of Kings county.
Ireland, aged 83 years.
Friends and acquaintances are respectfully
Invited to attend the funeral tomorrow (Thurs-
day). October 6. 1910. at Cypress Lawn ceme-
tery on the arrival of the train leaving Red-
wood City at 12; 14 p. m.
GALLOWAY— In the state of Washington. Sep-
tember 16. 1910, James Galloway, a resident
of Oakland. Cal., beloved son of the late
" George Galloway of Glasgow, Scotland, and
Jane Galloway of Oakland, and brother of
Mrs. Anna Biggs and Janet Stephen of Buf-
falo,', a native of New Zealand, aged 2S
\u25a0 years.^. , \u0084•;-' -"' ..'-" .
HARTLINO— In this city. October 4. 1010.
Henry, beloved husband of Alice Ilartllng. a
V native of DownleTllle, Cal., aged 65 years 1
' ' month and 21 days.
Notice of funeral hereafter.
HAWKESTS— In this city. October 3. 1910. Wil-
liam -Hawkins, husband of. tha late Catherine
M. Hawkins, .and father of Dr. W. J.. Joseph
• X.. Emily A. and Herbert U. Hawkins, a na-
tive of Scotland, aged SO years and 6 months.
The services will be held tomorrow (Thurs-
day ).. at 10 a. m., .at his late
70 Baker street. Please omit flowers. Inter-
ment private. W""
HAVES— In this city. October 3. 1910. Catherine
TV, beloved wife of Joseph P. Hayes, loving
mother of Joseph E. and Gertrude C. Hayes,
daughter of Mrs. Bridget Duddy and brother of
Michael V. Duddy. a native of Phlladflphla.
aged 35 years. ' vj_
Friends and acquaintance* are resix»ctfnur
Invited to attend tha. funeral today (Wednes-
day), at 9 o'clock a. m., from her late resi-
dence, 252 B street, Richmond, thence to th«
' Star of the Sea church, wuere a solemn
requiem mass will be celebrated for the repos*
- of her soul, commencing at 9:30 a. m. Inter-
ment Holy Cross cemetery.
HA.YES— In this city, October 4, 1910. Wil-
liam, dearly beloved husband of Katharine
Hayes, and loving father of Joseph M.. Frank
.and Julia M. Hayes and the late William P.
Hayes of Butte City, Mont., a native of
Mlchelstown, County Cork. Ireland, aged 75
ycars~ (Virginia City, Nov., papers please
copy.) .i": \u25a0•"".>
Friends and acquaintances are respectfully
Invited to attend .the funeral tomorrow (Thurs-
day) mornlnjr, at 8:30 o'clock, from his late
residence. 50 Waller street near Octavla,
thence to Sacred Hart church, where a r«-
qniem high mass will be celebrated for the
repose of his soul, commencing at 0 o'clock
a. m. Interment Holy Cross cemetery, by
electric funeral car from Thirteenth and West
Mission streets. "
HORN— In this city. October 2. 1910. Alfred
Horn, a native of Pennsylvania, aged 87 years.
JOHNSON— In Jackson, Cal.. October 2. 1910.
John, dearly, beloved husband of- Gesche John-
son, and devoted father of Frank and Charles
B. Johnson and George and J. H. Brlckwedel.
• a native of Sweden, aged -70- years.
— Friends and- acquaintances are respectfully
• invited. to attend the funeral tomorrow (Thurs-
' day), at 2 p. m.." from the parlors of Suhr &
Wleboldt, 1355 Valencia street near -Twenty-
fifth. Interment National ' cemetery. Presidio.
KALISKY— In thi» city. October 4. 1910, Mor-
ris, beloved husband of Bose Kallaky. father
'of Harry. Samuel, Reuben and Louis Kallsky.
brother of Mrs. Uszle Jacobson, Mrs. Minnie
Hyman, and Nathan Kallsky. and grandfather
of Shelby Kallsky, a native of Pelsern, Ger-
many.
KELLY — In Oakland. October 4. 1910. Charles
A., beloved hnsband of Alice Kelly, and father
of Al Augustus Kelly, and son of Ann and
the late Charles Kelly, and brother of Sarah,
Teresa. James H. and Thomas J. Kelly, a na-
tive of Chicago, in.
LIBBY— In this city, October 3. 1910. Zea Mary
Llbby. beloved daughter of Almlra Parmley and
the late Elmer Parmley, sister of James Scott
; Parmley of Ogden. Utah, a native of Ohio,
. aged 34 years 5 months and 5 days.
Frltndi and acquaintance* are resiwotfnlly
invited to attend the funeral today (Wednes-
day.), at 3:15 o'clock p. m., at Holy Cross
cemetery. , .; \u25a0 '
MAGtriRE— In Stockton. October 3, 1910. Mary
Magulre. beloved sister of John Masulre and
Mrs. Catherine Copeland. a native. of Connty
Fannanagb, Ireland, aged . 78 years.
Friends and acquaintance* are respectfully
. Invited to attend the funeral today (Wednes-
day), at 8:30 o'clock a. tn., from the resi-
dence of her sister, Mrs. Catherine Copeland,
243 Waller street, thence to Sacred Heart
church, where a requiem high mass will be
celebrated for the repose of her . sonl. com-
mencing at 9 o'clock. Interment Holy Cross
cemetery, by carriage.
McORATH— In this city. October 3. 1910. James
McGrath,* loving brother of Mrs. J. Lynch.
Mrs. C. G. Owen and Mary and the late 3. A.
. 1 McGrath." a native of Boston, Mass. A member
of the San Francisco . police department and a
member of the Widows' and Orphans' aid asso-
ciation. - . T "\u25a0 • ' •
Friends and acquaintance* are reepertrally
invited to attend the funeral tomorrow (Thurs-
day), October 6, 1910. at 8:15 o'clock a. m.,
f mm the parlors of Mcßrearty & McCormick.
915 Valencia street near Twentieth, thence to
St. James church, where a requiem high mass
-will be celebrated for the repose of his soul,
commencing at 9 a. tn. Interment Holy Cross
j cemetery, by electric funeral car from Twenty-
eighth and Valencia streets. ' .
McELROY— In Oakland. October. 2. 1910. George
\u25a0 Stanley McElroy. dearly beloved son of George
. 8. and Nellie McElroy -and dearly beloved
brother of Rena and Imelda McElroy and
grandson of Mr. and Mrs. P. 11. McGrath and
the late Mr. and Mrs. John McElroy, a native
4>t Han Francisco, Cal., aged 2 years . and 5
days.
The funeral will take place today (Wednes-
day), at 1 o'clock p. m., from the parlors of
Gantner Bros.. 3460 Sixteenth street between
Church " and Sanchez. Interment Holy Cross
cemetery. •
MITCHELL — In Santa Clara county, October 4.
\u25a0 1910, Espln Fifleld, beloved son of Mr. and
'\u25a0-' Mrs. Frank •E. Mitchell. \u25a0 and brother of F.
Wilbur and Ralph O. Mitchell, and grandson
of. W. J. Fifleld. a native of Santa Clara
county. Cal..' aged 20 years and 7 days.
HOBWOOD— In this city. October 4. 1910. Tall-
madge ' Norwood Jr., beloved husband of Alice
-Norwood, father of Tallmadge Norwood, soa
of Tallmadge and the late Emily : M. Nor-
wood, and brother of Mrs. Mary Stevens and
Mrs..- June Paddock and the late Andrew
Norwood, a native of Nevada, aged 43 years
and -7 months.'.
The funeral will take place tomorrow (Thurs-
day), at 1 o'clock p. m... from hia late resi-
> dence, 423 Thirtieth avenue. Richmond. In-
terment . 1. . O. O. F. cemetery-
COURT STAR OF THE MlSSlON— Officers
iand members of Court Star of the Mission No.
7197, A. O. '\u25a0 F., are • requested to attend the
funeral of our - late . brother. Tallmadse Nor-
. ,wood."«" Thursday, . at 1 p. n».. . froti his . late
•'residence, 423 Thirtieth avenue, , Richmond. -
JOHN WENDT. Secretary.
OLBEN— In this city. October 2, 1910, John- E.
Olsen. a v natlve of Sweden, aged' 4o year.-. •.;
' \ Friends- and, acquaintances are 'respectfully
1 Invited to attend the funeral tomorrow (Tburs-
" day), October 6,' 1910, at 10:30 a. m., \u25a0 from
the parlors of G. laccherlfc Co.. 1545 Stock-
ton street between Union and Green. ; Inter-
ment \u25a0 Mount . OliTet cemetery.
OLSEN— In this , city. October 1. 1010. .Nils
Olsen. a native of . Toosbere. Norway, aged
"-. 24 : years." 1 \u25a0
* v - Friend* are respectfully Invited to atten4
the funeral services today (Wednesday*, at
10:30 a.' m., at the chapel of Craig, Coohraa
& Co.; *1 163 Valencia ttreet near Twenty-third.
: : Interment .Mount Olivet cemetery. » - . ,
ORTEGA— In this city. • October 4, 1910. Marx
A. Ortega, beloved mother ; of 'Mrs.- S. Nlchol-
: son and Domingo. Inacho and the late Antonio
\u25a0 and * Manuel " Ortega, and . grandmother .of C.
•" L. Ortega and Mabel Schmelr. . a native of San
Diego, Cal.. aged; B3 years. (Santa Barbara.
£ j Cal;, and San Antonio. Tex., papers please
Tcopy.) ; . . \u0084" -.. . V '\u25a0\u25a0"'\u25a0\u25a0'\u25a0- \u25a0 \u25a0- \u25a0 '.., :-v '\u25a0\u25a0\u25a0-\u25a0\u25a0:-,'\u25a0:\u25a0 •;
-Friends- and acquaintances are respectfully
' Invited ta attend the funeral tomerrow. (Thurs-
\u25a0) dayh~s October 6, ,' 1910.' at 9:30 o'clock a. . m.,
from her late -residence,? 538 Clayton street,
, thence :to : St. • Agnes church, where a ; requiem
'high! mass, will be celebrated for the repose of
' f ' her 'soul.* commencing 'at 10 a. m. Interment
; i Holy; Cross; cemetery. .; •'
PETERSEN— In -this "city. October 4. 1910." Ellen
M.; beloved: wife of thp late H.M. Petersen,
~i and \u25a0• mother : of ' Hans ; L.'; Neils D.'. Louts H..
: Peter sC, '\u25a0\u25a0 Carlo \u25a0 C.. ' Henry » and • Grace Peter-
v sen i and Mrs. .- Mamie Mikkelsen. a $ native cf
••- Denmark;. aged 61'yeara 6 months and 11 days.
PIEHCE— Ia thb city. Octobet, 3. 1910.
Frank Pierce, a native of New lork, aged 3»
Te Remalna wIU lie In' state it Golden Gate
Commandery hall. Sutter street near btetaer.
tomorrow (Thursday*. October fl. 1910, rrota
9 a.m.' to 1 p. m. Please omit flowers.
GRAND CHAPTER AND ROYAL ABCH
MASONS— The officers and .members ot th«
Grand Chapter and . Royal Arch M»!»ons gen-
erally. Including sojournln? companions, are re-
quested to attend the funeral of oor Most Ex-
cellent Companion. «W. Frank Pierce. Grand
Treasurer, from Golden Gate Commandery nail.
2137 Sntter street, at 2 o'clock p. m.. tomor.
row (Thursday). October 8.
The remains will lie In state from 8:30 ( a. m.
nntll 1:30 p. m. to afford Crtends and com-
panions the opportunity of paying their last
sad respects. . .-\u25a0-•- ~i •.'•''•.
' The escort will mow promptly at 2 oclocx.
No services wtll be held.
JAMES ROBERT TAPSCOTT.
Grand High Priest.
WM. A. DAVIES. Grand Secretary.
GRAND COMMANDERT OF THE STATS
OF CALIFORNIA— The officer* an<l Sir Knights
of the Grand Commandery of the State of Cali-
fornia, includlns sojourning Sir Knights, are r«- ,
quested to attend the funeral of R. E. Sir v\ .
Frank Pierce. Past Grand Commandery of Cali-
fornia and V. E. Grand Generalissimo of the
Grand Encampment of the United, States of
America, from Golden Gate Commandery hall.
2137 Sutter street, at 2 o'clock p. m.. tomor-
row (Thursday). October 6.
The remains will He In state from 8:30 a. m.
nntll 1:30 p. m. to afford friends and Sir
Knights the opportunity of paying their last
sad respects. .
The escort, composed of the various Masonic
bodies of which our beloved frater was a
member, will move promptly at 2 o'clock. No
services will be held.
LOUIS FREDERICK BREUNER.
Grand Commander.
WM. A V DAVIES, Grand Recorder.
GRAND COUNCIL. R. A S. M.— The offlcen
and companions of the Grand Council. R. «t 3.
M.. of California, and Cryptic Masons gener-
ally. Including sojourning companions, are in-
vited to attend the funeral of onr Most Illus-
trious Companion. W. Frank Pierce, Grand
Treasurer, from Golden Gate Commandery
hall. 2137 Sotter street, at 2 o'clock p. m..
tomorrow (Thursday), October 6.
The remains will lie tn state from S:3O a. m.
until 1:30 p. tn. to afford frlrods and compan-
ions the opportunity of paylnV their last sad
respects.
.The escort will more propmtly at 2 «»'clock.
No services will be held.
THOMPSON WILSON DRULLARD.
Grand Master.
THOMAS A. DAVIES, Grand Recorder.
REID — In Taft. Kern connty. Cal.. October 2.
1010. William Lumsden Reid, beloved son of
Mrs. John B. Marshall, brother of Robert.
Margaret and John Reid, and George Mar-
shall, and stepbrother of John and Sfaart
Marshall, a native of Washington, aye-i 27
years 3 months and 19 days. A member ot
Boiler Makers' and Ship Builders' Cnloa NX
203. ->- .
Friend* ar» respArtfally Invited to attead
th* funeral today (Wednesday). .October 3.' at
2 p. m.. from bis late residence. 201 Missouri
street. Interment Cypress Lawn . cemetery, by
automobile.
ROSS— la Oakland. October 2. 1910. Henrietta
Mac Rose, beloved wife of Burton J. Roae, and
mother of Charles Burton, and Frances Ma»
Rose, and daughter of Emma T. and tae la**
Samuel Hey wood, a native of Berkeley. Cal..
aged 31 years 5 months and 18 days.
Friends and acquaintances are respectfnllr
Invited to attend the funeral services today
(Wednesday). October S. 1910. at 2 o'clock p.
to., from the residence. 1929 Grove street.
Berkeley. Interment Mountain View cemetery.
SCHMIDT— At rest, la Oakland. October 2, 1010.
at Fablola \u25a0 hospital. Eda. beloved wife \u25a0of
Johannes Schmidt and* daughter of the bite
Johannes and Henrietta Mengel and lovlnc
sister of Mrs. F. A. Lorenz. Mrs. Charles
Elsasser. Mrs. Gas Llndemana and Henry and
John Mengel, a native of San Francisco. Cal..
ajr«»d 48 years 2 month* «nd IT days.
Services will be held todar (Wednesday), at
2 p. m.. at the parlors of H. F. Bthx St Co..
2919 Mission street between Twenty-Ofta and
Twenty-slith. Incineration I. O. O. F. crema-.
tory. private.
SCHLinrDT— In this city. October 2. 1910. -Angisst
Christian Schlundt. beloved husband of Aana.
and father of John. Christian. Ferdinand.
Charles F. and August O. H. Sohlondt and Mrs.
Dora Burn*, a native of Germany, aged 79
yean 3 months and 27 days. .(Fresno, Cal..
papers please copy). »
Frl<"i<Js and a^namtaneea ar# respectfully
Invited to- attend the funeral services today
(Wednesday) at 1 o'clock p. m.. from his lato
residence. 150 Clinton park. Interment Cypress
Lawn cemetery.
SPENCE— In thin city. October 4. 1310. Patience
Spence, beloved wife of John Spence. and
dearly beloved mother of Emily. Wallace.
John. Jeanne. Donald. Charles and Wllfnrd
. Spence. . a native of Worcestershire. England,
aged 32 years S months and 12 days.
Friend.'* and acquaintances are respectfully
invited to attend tile funeral today (Wednes-
• day), October 5. 1910. at 2 o'clock p. m.. from
the mortuary chapel of the Golden Gate under-
taking company. 2475 Mission street nenr
Twenty-first. Interment Mount Olivet ceme-
„ tery. by .carriage.
SMITH— At rest, in this eltr. Ortober 4. l!>10.
Charles Smith, brother of Mrs. Henry WelHart.
a native of Ohio, ajred 34 years 2 months and
29 days. (Cincinnati. 0.. papers please copy.)
The funeral will take place tomorrow (Thurs-
day), at 11 a. m.. from the parlors of Suhr &
Wleboldt. 1355 Valencia street near Twenty-
fifth. Interment Cypresa Lawn cemetery.
THOMPSON— Id thi* city. --October 2. 1910.
Charles P.. son of the late Robert and Harriet
Thompson, and lovin? brother of Mrs. John
Hanley and Sadie Thompson, a native of San
Francisco. Cal.. aged 3S years 9 months and
24 days.
TOICH— In this city. October 2. 1910. Manriclo.
dearly, beloved husband of Annie Tolch. aad
lovlov father of Miurlcio Toicb. and brother
of Matthew, Nicholas and Marian Toicb. a
naive of Baska Nova. Istrla. Austria, aged 24
years and 10 days.
Friends aad acquaintances are respectfully
Invited to attend the fnneral today (Wednes-
day). October 0. at 10 a. tn.. from bis late
residence. 12 Guy place off First street, thence
to Church of the Nativity. Fell street between
. Kanklln and Gough. where a requiem htga
mass will be celebrated for -the repose of his
\u25a0oul. commencing at 10:30 a. m. Interment
Holy Cross cemetery.
YON BREMEN— In this city. October 1, 1910.
Henry too Bremen, dearly beloved husband of
Augusta yon Bremen, loving father ot Mrs.
B. E. Armstrong, and beloved grandfather o£
Henry yon Bremen, a native of Bremen. Ger-
many, aged 75 years and 19 days. A member
of Memento lodge No. 39, I. O. O. F.. of
Georgetown. Cal.
Friends and acquaintance* are respectfully
Invited to attend the funeral today (Wednes-
day). October 5, at 2 o'clock p. ta.. from b!s
late residence. 1130 Buchanan street between
Golden Gate avenue and Turk street. Crema-
tion Odd Fellows* cemetery.
WALLACE— In thta city. October 4, IMO. Hattie
Wallace, beloved wife of Arthur Wallace, and
sister- of Martin Lehman. Mrs. D. Ullman.
Mrs. E. Alexander and Mrs. L. Alexander, a
native of Sacramento. Cal., a;ed 53 years 10
months and 15 days.
Friends and acquaintances «c respectfallr
Invited to attend the funeral services tomorrow
(Thursday). October 6. 1910. *t 10 o'clock
a. m.. at the chapel of Julius S. <Godean. 41
Van Ness avenue. Cremation Odd Fellows'
cemetery.
WARD— In this city, October 2, 1910. Honor*
S.. beloved wife ef Charles H. Ward, a native
of Kildysart. County Clare. Ireland, aged 69
. years.
- Friend* and • •conalntancew are resrwctfaH?
Invited to attend the funeral today (Wednes-
day), at 9 o'clock a. tn.. from the parlors of
Halsted & Co.. 924 FUlmors street, tbesee to
. St. Mary's cathedral, where a requiem htga
mass will be celebrated for the repose of her
soul, commencing at 0:J0 a. m. Interment
Holy Cross cemetery, by carriage.
WEST— Aat rest. In this city. October 4. 191<\
Leonard D.. beloved hn«basd of *ht> late S»"sh
West, and father of Ernest L. West, a -native
of Boonevllle, Ky., aged 67 years 10 months
and 19 days.
WITTER — In San Jose. Cal.. October 2, 1910.
Dr.'G. F. Witter, husband of Emma L. Witter.
father of George F. Witter Jr. of Oakland.
Cal.. and Mrs. W. D. Connor ot Marshfletd.
Wis.. a native of New York, many jean a
resident of Grand Rapids, Wis.. ajed SO years
3 months and 29 days. \u0084
Friends and acquaintances are resiv»etfun7
• lnrlted to" attend the funeral today (Wednes-
day). October 5, at 10 o'clock a. m.. from
the family residence. 492 South Tenth street.
San Jose.- Interment Cypress Laws cemetery
It 1 P. D.
WHTTEHEAD — In Oakland. October 3. 1910.
Henry 0.. beloved* husband of Dora White-
" head and lovins father of Fenton Whltebe»rt.
«nd son of W. 11. Whttehead. a native of Vol-
cano. Amadcr corjnty. Cal.. aged 52 years 4
months and 10 days.
Friends are respectfully Invited to attend
the funeral tomerrow (Thursday), at 2 o'clock
p m., from the Masonic temple. Twelfth
•treet northwest corner of Washington, where
services will be held under the auspices of
Bay View lodge No. 401. F. &A. M. AD Mas-
ter Ma-oos are invited to attend. Remains at
the chapel of James Taylor company.
INDEPENDENT OF THE TRUST
Seventy-Five Dollars
i wiix irußrasH
HEARSE, TWO CARRIAGES, EMBALMING,
SHROUD AND CLOTH COVERED CASKET
JULIUS'S. QODEAU
Moved to mala of&c*. 4\ Vaa Ness ar. - TtL
Market 711. eocaeetls; all departmeata.
Branches — 305 Mon tsoraery a*. Oi Viand. 1305
Fraaklln St.; tel. OaSlaa* 4043. Les Angeles.
127 South Flrueroa St. . , '
Aat* AmboUacea tad Cmzrlasc* far Hir*.