The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-31
He Hesitated About Distributing
the Miller & Lux Prop
erty.
INVESTMENTS AND ANIMALS.
Some Interesting Figures of the Assets
of the Millionaire Live.
stock Firm.

Judge Bucks court at Redwood City was
again the scene of interesting proceedings
yesterday in the Jesse Potter removal
suit.
Henry Miller was asked to take the
stand. Mr.. Miller Immediately addressed
the court, but was interrupted for mo-
ment by Mr.. Delmas, who said that be-
fore proceedings commenced he was led to
refer to the agreement for the distribution
OF the Miller & Lux partnership property
that he had promised to present to the
witness for his approval. He had found
1t impossible in the limited time at lis
disposal to prepare so important a docu-
ment, but he believed that it would be
ready and presented in court Thursday
morning.
Mr.. Miller addressed the court and said
that when he was interrupted by Mr.. Del
mas it was his intention to ask for that
agreement.
The matter was put aside temporarily,
but was brought up again before the Doon
recess, when Mr.. Pillsbury of counsel for
the Potter Miller interests asked if it
would be possible for Mr.. Delmas to fur
nish that agreement by evening, so that
Mr.. Miller could see it and be permitted TO
go as soon as possible to his various press
ing business affairs. He also referred to
Mr.. Herrin's attendance in court, saying
that he had come from San Francisco on
purpose to see the agreement.
Mr.. Delmas could only promise that he
would try to have it in court Thursday
morning, and called the attention of the
court to the difficulty of drafting such a
paper in 80 short a time, concerning, as it
does, an estate worth from forty to fifty
million dollars.
Immediately after the noon recess Mr..
Delmas continued the examination of Mr..
Miller, prefaclng it by saying: "Mr
Miller, you testified this morning that you
were requested to ask for the agreement
that | referred to. Since you are so anxious
about it [ will hand it to you now" and
he handed the witness the agreement, in
which the following ideas were embodied:
Henry Miller of the first part and the
executors of the viii of Miranda w. Lux, de-
ceased, the special administrator of the estate
of Charles Lux, deceased and all the next of
kin OF said Charles Lux of the second part,
agree that theparty of the first part shall APP
point one commissioner, the other parties shall
appoint a second and said two commissioners
shall appoint third, and in case of their
failure for thirty days to so appoint, the third
commissioner shall be appointed by the Judge
OF the Superior Court, in which the action
hereinafter mentioned is pending. The three
commissioners shall proceed al once to divide
all the property and assets OF every nature OF
the firm of Miller & Lux, beginning with the
cash on hand, bills and notes receivable and
similar assets, and shall allot and award one
half OF all said property and assets to the
party OF the first part, and one-half to the
other parties hereto.
With each subdivision of land the Commits
sloners shall allot a proportionate share of
livestock, farming implements, machinery,
etc. The Commissioners shall report each sub
division OF land made by them soon as
divided, without waiting TO make other divi-
sions, and an opportunity shall be given to the
parties to bid for choice between the respective
SUBDIVISIONS. following the same rules as to
notice OF action on each report and the bidding
for choice OF subdivisions pursued on October
g. 1895, as to lands lately divided by Commits
sioners. That until the full completion OF the
labors and duties of the Commissioners, all
profits and moneys realized by Henry Miller
as SURVIVING partner OF the firm OF Miller d
Lux shall be divided monthly on the first day
OF each month between the parties hereto.
That the accounting suit now pending in the
Superior Court of the City and County of San
Francisco against Henry Miller, numbered
81 1873, shall proceed no further and upon the
complet ton OF the labors OF said Commissioners
shall be dismissed. That all agreements, con-
yeyances and documents shall be made and ali
proper measures and proceedings shall be
taken which shall be necessary to carry out
this agreement according to the true meaning
and spirit thereof, to fully effect and accom-
plish the purpose intended.
Mr.. Miller read the agreement and Mr.
Delmas asked: Now, Mr.. Miller, you tes-
titled that you were willing to sign an
agreement to divide the Miller q Lux
property. Will you sign twill you sign
it now?"
Mr.. Miller-I am not prepared to sign it
now; l will show it to my attorneys.
Mr.. Miller testified to having been eau
toned by his attorneys, soon after the
death OF Charles Lux, to be careful about
making investments or unusual transac-
tons on firm account in order to extend
its business.
During the day Mr.. Delmas drew from
the witness, piecemeal, the following in
formation:
He bought San Joaquin and Kings River
Canal and Irrigation Company stock to
the extent of $40, 500 on personal account.
He bought two sections of land from the
San Joaquin and Kings River Irrigation
Company for $50, 600 on firm account
He advanced money to the German heirs
and other heirs, but took their notes for
corresponding amounts.
He made the Oregon purchase of $4,000
acres of land, paving for it $3.50, 900.
He stated the amount of live stock now
owned BY the firm was: of horned cattle
about 10000 head; sheep, 125, 900 head !;
hogs, 10000 to $1,000 head; horses, 5000
head-all these figures representing very
large increase over the amount owned at
the time of Charles Luxs death.
Reference was made to the Canaan note
claimed by Mr.. Delmas to be an old and
worthless note for $4,000, on which $1,000
had been paid, and the balance charged
up TO Charles Lux 8 account after he died
Any hard questions raised by Mr.. Del
mas were met and explained away, how
ever, by the witness in his own peculiar
manner and in way satisfactory to him
self.
Mr.. Miller was once very severely
handled by Judge Buck, and compelled to
give direct evidence to the questions put,
but be worried through it.
His examination will be resumed to-
morrow, as Mr.. Delmas says he cannot
grant Mr.. MilIer's request to be excused
at present.
ART JURORS.