The morning call., 1894-09-15
MILLER's METHODS OPPOSED
improvements in Strengthening
Not Needed.
A PLAN TO DELAY SETTLEMENT
The Attorneys for Miller Claim That
the Business Must Be on a Self
Supporting Basis.

| firm of Miller & Lux, died, but the vast
| interests OF the firm are still in an I'M
settled condition, notwithstanding that
the Lux heirs are striving their best to
| have them Strengthened out in order that
they may know just what their respective
| portions will amount to. Counsel have
been hired in the matter, and suit for an
accounting is pending against Miller. with
jesse D. Potter, one of the executors of
Lux's will, as plaintiff.
| 1t is charged by the Lux heirs that MIL
| Ter Is not anxious for a settlement of the
| partnership interest. Notwithstanding that
Lux in his will provided that everything
should be settled up within seven years.
| On account Of the magnitude of the in
| terests involved this length of time was
considered necessary, in order that there
might be no losses caused by hasty action.
| Testimony regarding the partit on of the
| lands and other properties is now being
taken before Commissioner Seth Mann,
but side issue of the matter came up be-
| fore Judge SandersOn in the Superior
! Court yesterday. 1t was in the shape of
motion for advice from the court as to the
advisabilify of erecting abattoirs ana nav
ing a refrigerating plant at South San
Francisco, thereby facilitating the business
! by using improved methods.
Henry Miller maintains that it is neces-
| saTy that the abattoirs be built in order
that the business of the firm may be car
| ried on in proper and more expeditions
manner. He was witness yesterday and
gave his reasons why the expenditures
should be made.
| Attorneys Spencer and Campbell, repre-
seuting the Lux heirs, are bitterly opposed
| to the so-called improved methods of car
rying on the slaughtering business. They
maintained that Mller's only object in the
project is to increase the business of The
| firm and thereby delay the settlement
which the Lux people want.
Mr.. Miller estimated that the improve
ments would not cost more than $4,000
and not so. 600. which the other side
claimed. He already had portions of the
necessary material, which would be used,
and that was one reason why the cost
would be less than otherwise. He ad-
mitted that he was anxious for a speedy
settlement of affairs, but did not think it
| right that he should sacrifice anything that
was coming to him just because the Lux
| heirs were eager to close things up and
| get their money. The business had grown
since Lux's death, but that was not his
fault. In order that everything possible
might be gotten out of it and the business
not suffer it was necessary TO adopt new
| and improved methods of slaughtering
and marketing the meats.
Jesse Potter was examined as to the
! growth of the business In the past six and
seven years and also as to the cold-sIorage
system of handling meats. The p int in
his testimony was to show that the busi-
tn hot
il was getting more and more difficult TO
settle il and wind up affairs speedily.
Z. G. Rodolph. the superintendent of
the meat department testified that the
business of the firm had increased very
much in the past ten years and it was still
growing. In regard to the cold-storage
system it would bring about saving of
about IS cents on each bullock carcass.
Z. R. Lilienthal was also called AS a
witness and an effort was made to have
him give an expert opinion regarding the
cost OF the project. but he said he was no
expert. He did not consider Buichertown
| good place Tor slaughtering The smell
around there was such as would faint the
meat. The cold-storage process for
handling meat was a good thing, ne
thought.
After the testimony was all in the at
torneys spent nearly an hour in talking
over the aspects OF the case generally. Mr..
| Spencer wanted time to introduce NJ.
| Greenbaum as an expert on abattOrs and
refTigerating plants, and Attorney Herrin,
one OF MI Miller'S attorneys, objected to
delay, saying his side would admit that
| Mr.. Greenbaum would estimate the cost at
over $4,000
well. we want this partnership wound
up" said Mr.. Spencer. "Mr. Miller has
run it for seven and a half years since
| Lux's death and there is yet DO sign of
settlement
cit appears to me-" remarked Judge
Sanderson. quietly, shat the only question
before the court is as to whether enld-
storage plant can be nut up for SIS, Co.,"
That's it," said Mr.. Herrin.
II don't care if it only costs S10." said
Mr.. Spencer, I'VE object to it anyhow. Il
| Is only the part of a scheme to keep this
business going We have every respect for
the learned counsel on the other side, but
we have no confidence in their client This
is one OF a score of schemes TO dissipate
the revenues of this business aud pre-
text for u OF dividing it and paying Charles
Lux's heirs what is due them. IL an H.
vestment of $4,000 could he made which
would bring the business to a settlement
we would not objsci to II. Mr.. Miller has
said that he would not dispose OIL Jnls
property until he gets good aud ready"
1--WE want to settle no affairs as soon as
you do" retorted Mr. Herrn.
at don't look ike il" said Mr.. Spencer.
''If you go on Strengthening cattle aud mar
keting them day after day how is the bust
ness to be wound up. There must be
sacrifice made, even if it can be done in
no other way. Mr.. Miller will have to
sacrifice some thing"
Attorney CARRIER. who sat beside Mr..
NJ ill-r, here In terruDted to say that until
reasonable basis of settlement was agreed
upon the business must be kept going. or
the vast tracts of land would eat them
selves up in taxes. There are thousands
of men employed. 1000, 600 acres of land 10
care for. and the marketing OF meat was
the only source of revenue.
| Judge Sanderson put e stop to the flow
OF Language between the attorneys by re-
minding them that ne was not trying the
case, but was only supposed to give advice
regSrding the expenditure for the so
called Improvement at South San Fran
cisco. Ihere was nothing before the
court asking 1t TO restrain Miller from
carving on the business.
Inc matter was then continued for three
| weeks In order that Eypart Graa,h.,.