The morning call., 1893-10-31
MILLIONS IN LITIGATION.
The Partition of the Miller &
Lux Property.
FROM THE BENCH TO THE BAR.
The Ex-Presiding Judge of the Supe-
rior Court Engaged to Repre-
sent Mr.. Miller.


the ermine, and placed his resignation in
the hands of Governor Markham few
days ago. no small amount OF speculation
was INDUCED in as TO what could have in
.duced such a course of action. The posi-
tion of Presiding Judge of the Superior
Court of San Francisco is one for which
many an attorney would forsake prac-
tice which pays twice as much as the
1udgeship. and Judge CARRIERS friends
and associates were divided in opinion as
TO whether the resignation was due to
growing distaste for the duties of the
bench. or whether other inducements had
been held out TO the Judge. and had been
made so strong that he felt compelled to
accept.
Regardlessof the figure which the first
of these reasons may have cut in the
Judges determination to leayethe bench,
there is material enough in the second one
to induce almost any barrister who is not
already a CTesus in his way to foTego
the pleasure of overruling objections and
listening TO the arguments, long drawn
out, bV opposing counsel.
Judge CARRIER has been chosen as his at
torney by Henry Miller, and ia the COM
ing litigation over the partition of the
property owned by N iller & Lux he will
represent the surviving partner. Begin
ming with tomorrow morning, be will
assume control in the legal conflict that is
pending. ana as there is 100000. 600 at
stake the contest will probably be q battle
royal, and according TO information which
has been received by The CALL the ices
will at least be, as Judge CARRIER says,
satisfactory.
The Judge was found in his chamber az
the new City Hall yesterday. surrounded
by files of legal papers and stocks of legal
lore and engaged In closing up his judicial
affairs and in gathering up the loose ends
of the business and preparing them for his
successor, for when the Judge bows HIM
self out this evening he will leave his
judicial robes and judicial authority be-
hind him.
Yes" he replied in answer to ques-
tion. latter tomorrow l shall be attorney
for Mr.. Miller and expect to represent him
in any litigation which may follow in the
partition OF the vast amount of property
owned bv the firm of Miller q Lux.
$50 far as the details Of my work are
concerned | can as yet say little. | have
purpOSely kept from familiariZing myself
with the case as 1t stands at present, so
that might have my mind as free from it
as possible until the time came for me to
lay down my judicial duties. l am not
even positively Informed as TO Mr.. Miller's
Intentions so far as litigation is concerned,
but l know that he has yet some hopes of
settling matters peaceably, and in effect
ing partition without the necessity OF an
appeal TO the courts.
WAS it this that induced me to resign p?
Well, not this alone. l have for some
time been thinking that | would like to
take up practice again, IL there was an
opportunity for me, and this offer seemed
TO present the opportunity. OF course it is
not the only thing in sight There were
other matters which came up about the
same time, for L do not expect the business
of Miller q Lux will require all my at
tentiOn.
Have I any contract with Mr.. Miller?
Well, really, that is a matter of which |
could not speak except by Mr.. Millers con-
sent. L can only say that the arrangement
is entirely satisfactory to me, and that
after tomorrow L shall be at his service"
The vast interests of the firm of Miller
g. Lux, which consist of thousands upon
thousands of head of livestock and hun
dreds of thousands of acres of land in
California, Nevada and Oregon. have
been managed exclusively by Henry Mil
ler since the death OF his partner, now
almost seven years ago.
Many years ago the members of the firm
executed contract to the effect that in the
event of the death of either of them tie
survivor should have seven years in which
to wind up the business of the firm, and
that during that time he should have abso-
Lutte control of everything. not subject
even to the interference Of the executors of
legatees of the deceased partners estate.
This arrangement was made because OF
the character of tie property and the i'm
possibility OF disposing of it at once with
out sacrificing on it.
When Mr.. Lux died in 1887 Mr. Miller at
once assumed control in accordance with
hn
executed, copy of which was in cluded in
the Lux will, and everything went we'll
until about two years ago, when Mrs.
Lux became dissatisfied with the length of
time consumed in settling up her hus-
bands estate, and finally brought suit TO
compel Mr.. Miller TO wind Gp the business
of the firm and make partition Of the
property.
Miller has been represented up to this
time by William +. Herrin, but his aD-
sDointment as chief counsel for the South
ern Pacific necessitated the selection of
sUme one to succeed him, and the choice
has fallen upon Judge CARRIER. though
iHerrin viii still be associated with him as
counsel.
The suit has not yet been brought to
trial, and there are some prospects of the
matter being amicably settled. as the
sSeven years under the contract will expire
on March 15, 1894, and the question in dis
quite now is as to the method of the
division.
Judge CARRIER will represent me if |
am forced to go into court" said Mr.. Mil
Her last night. shut have strong hopes of
being able TO settle matters peaceably. /
Insist, however, that l shall have what is
Eightfully due to me-not exactly in a
financial sense, but there are certain con-
cessions that l claim should be made, be-
cause / have created the value Of the
estate.
II am not satisfied that division should
be made which seems fair and even, and
then draw straws to see which share shall
fall TO me. l do not propose to trust to
luck and take what fortune may throw to
me- / wish to bid for choice. That is, we
will 90 through all the property we own
and if | am willing to give more for any
piece of land or for anything else then
they will bid, then claim the right to do
so. On this basis / will agree to settle.
and on this only. If | cannot receive this
by peaceabIe means then 1 shall resort to
llarsher methods. But yet hope that all
these questions may be settled without the
aid of the courts"
From source which it considers author
ftatiye The CALL learned that contract
had been executed between Mr.. Miller and
Judge CARRIER by which in consideration
for the latter's services he was to receive
$4,000 on November /, $1,000 on January ],