The morning call., 1894-12-02

VI tu6 HcpuDlCdn party Vi tuC OSdIO VI Oo'iAoi-
MIA for Associate Justice OF the Supreme Court
for term of twelve years. And before the
end OF August 1890, the probability That all
the candidates of that political party in this
State for State offices would be elected ON NO
vember 4, 1890, was almost certainty. MIR.
Harrison was elected on November 4. 1890.
along with all the candidates OF the Republican
party for offices. Courts take judicial notice
Of those facts, the existence OF which they may
ascertain without evidence" Dougall vs..
Schulenberg, 101 Cal. 1879
The word "candidate'' Is derived from the
same word as is The word "candid." 1t is the
Latin for "white," and It has been handed
down to US that in old Rome, where the princi-
pies of equity jurisprudence first took the form
OF law and of a regular system. candidates for
all pubic offices went about In white garments.
partly TO signify their purity and probiiy and
partly 10 invite observation and scrutiny.
And can 1t be that in Rome less nrobity
was required in candidates for The office OF
Judge ban in those for other offices? And as
for US. IS not every one of Us
a. the heir of all the ages In the foremost files Of
tIme?"
NOW behold the deed that was DONE" Then
follows a long history headed. The Secret
Transaction Of September G, 1890. Secretly,
without the knowledge Of or even the slightest
notice or intimation TO Mrs. Fanny LeviuSon or
TO Miss Julia Levinson or TO Miss Ada Levin
son or 10 MIR. Philbrook, their attorney. and
without the authorization or knowledge OF any
court or Judge. Secretly on September 6. 1890,
on Saturday, there met In the law Office Of
Ralph Z. Harrison the five persons following,
namely; Ralph G. Harrison, Milton S. Eisner,
William j. Newman, Benjamin Newman and S.
w. Raveley, executor And then and there
the secret transaction OF september 6, 1890, in
which The defendants rely as their defenSe,was
secretly done.
Mr.. Pbilbrook recites the two documents
referred to, IN which Executor Raveley
ackn owledges receipt of twelve promissory
notes, amounting in the aggregate to
1901 IS. ''in full satisfaction of the
amount due the estate of said John Levin
son, deceased. for the interest of said de-
ceased, and of his estate in said copart-
nership firm" He goes on:
When the second OF these two papers was
read in evidence in the court below, DR.. Taylor.
leading counsel for the defendants made an
cutlery, which has been certified here by the
court below in the following words:
sc. r. Taylor, Esq.-This is a receipt, your
Honor. which was given at the same time with
the receipt for the notes. 1t is IN Judge Harri-
sons handwriting"
The enormity of this transaction is des.
CoulCQ upOn O. ny HllUEUOhs
his editorial comments thereon being full
of illusions to Ralph G.. Harrison, printed
in italics. He asks:
Why do The defendants counsel insist that
"This is an action to set aside, on the ground OF
actual fraud, partnership settlement made
by the executor OF deceased partner with the
surviving partners? And why does DIR. Taylor
make cutlery, ut is 10 Judge Harrisons hand
writing !" And Is there necessary intercon-
nection of these questions? And are the an
swsrs material here? Patience Let US
reserve this for a separate division of the
agreement and first see what else was done.
'And we that have free souls. it touches US
not; let the CALLED jade vince, our wIthers are
unWrung."
The irate attorney does not leave this
subject for many. many pages. He has
separate chapter headed. 'The secret
transaction OF September 6, 1890. void
under the rule of public policy in rela-
ton to the administration of the law"
He proceeds:
We have passed the Rubicon and the legions
have the road to Rome. We have now the
questions: What had happened between July
90. 1890, and September 6, 1890. that enabled
Ralph c. Harrison TO reach the conclusion be
had not been able TO reach in the preceding
to make a sale of Levinson's partnership in-
Ierest TO the Newmans upon their own terms
of payment, and for sum which was sos %
less than their own figure? What had hap
pened in that interval OF only forty-two days
that seemed TO Ralph C. Harrison. Milton s.
EIsner, William }. Newman. Benjamin New
man and S. ". Raveey secretly convened on
September 6. 1890, In Ralph c. Harrison's
office, equivalent to judgment for the New.
mans?
And of the two lawyers present, why did it
happen that Ralph C. Harrison was chosen to
do the handwriting? And why were the secret
papers subscribed with the words: I'm the
presence OF Ralph e. Harrson." In Judge Har-
rison's handwriting? and why was that secret
transaction secret and kept secret as long as
possible?
And what is the character Of the fraud In
the case here? Why, in addition to the actual
fraud of the Newmans, which was peculiarly
their own, in addition 10 all that they and Ex-
ecuIor Raveley were in fraudulent conspiracy,
he being their fraudulent subordinate and tool.
But Executor Raveley and the Newmans were
both acting upon the advice and with the active
connivance of Ralph c. harrison. And 1t is
plain, simple and unavoidable truth--a truth so
plain and simple and unavoidable as 10 be rec
ogniZed at once by every sane man, no matter
how simple and unlearned-that transaction
cannot be impeached or adjudged void for
actual fraud without imparting guilt to It's per-
petrators. And much deeper and blacker is
the guilt where the fraud includes collision
ard breach of trust.
What Ralph c. Harrison was about is shown
in the evidence stated above. He was about to
be chosen one of the six Associate Justices of
the Supreme Court Of the State OF California
for term of Twelve years. II only a transac-
ton. then TO be committed, could be kept secret
for a short time, then before it could even be
known by those against whose interest IL was
to be committed. he would be a member of the
highest judicial tribunal of the State, OF the
judicial tribunal having appellate jurisdiction
over any Judge Or court that could pronounce
any Judgment against the Newmans, OF the
judicial tribunal by which final judgment in the
matter to be affected by such transaction would
have to be pronounced Every Judge from
lowest TO highest. that might sit in the case,
could not help feeling greater embarrassment
ana pressure against adjudgng that to be
fraud in which Ralph g. Harrison was particeps
cTiminis than If his own father or brother or
son had been party to II, greater embarrass-
ment and pressure than il he were pecuniarily
interested in the matter on the side of the
Newmans-an embarrassment and pressure
which would remain even If Mr.. Harrison