davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

wealth was by mercantile pursuits, and in
1856 he established himself in that line in
San Francisco. and continued to take ad-
vantage OF the opportunities that the
growth OF the City afforded improving his
facilities and adding to his accumulations.
Twenty-Five years ago he became inter-
ested in the Giant Powder Company, and
remained actively with that enterprise
nearly twenty years. As its president he
gave evidence of great executive and bust
ness ability, and to his careful manage
ment the success OF the company was
mainly due. In his accommodations he
reached out into the State, being interested
with his brother in large land and sheep
holdings.
Deceased was of quiet and retiring ma
ture, possessed an amiable disposition and
a liberal mind. and was loved by his fam
lily and Respected by all who knew him.
He was native of Massachusetts, but q
thorough Californian. taking a quiet in
terest in all the affairs of State, though
never engaging in public or official mat
tiers personally. He was married late in
life, and leaves widow, two daughters
and son.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
It WAS NOT DELIVERED.
Why Felix Tracey Could Not
Recover on a Promissory
Note.
Wilmerding's Gift Invalid Because It
Was Not Placed in Tracey's
Hands.

Judge Hunt has. rendered an interesting
opinion in the suit of Felix Tracey against
William Alvord and the executors and
legatees of the will of J. C. Wilmerding,
who died March 8. 1895.
On July 30, 1891, Wilmerding executed
a promissory note for $4,000, payable
sixty days after date, in favor of Tracey.
This note he placed in an envelope and
directed it as follows: This envelope and
papers inclosed belong to Felix Tracey,
and to be delivered to him upon his de-
mand. San Francisco, July 80, 1891"
The envelope was directed to "Felix
Tracey ESQ.,, Sacramento"
The envelope also contained this letter
of the same date:
Inclosed you will find my note for $4,000,
which wish you to retain in the case of your
failure to collect the legacy for that amount
left you by my will, but If you do collect the
legacy, then the proceeds OF this note l wish
brother Edwards two daughters leave this
entirely to your honor, as / will not put these
names in my will. l did not care to have too
many names appear there. Your affectionate
cousin, j. c. WILMERDING.
This letter Wilmerding had deposited in
his box at the California Bank.
After Wilmerding's death the executors
notified Tracy of the envelope and it's con-
tents, but they refused to deliver posses
sion on the ground that the envelope had
never actually been delivered to Tracey.
In this contention the court found favor,
and judgment against the plaintiff was
rendered.
In giving judgment the court says:
That moral obligation exists upon the leg
atees to execute the purpose of the deceased
seems clear. Through the generosity of the
deceased these legatees were the recipients of
princeiy amounts Under these circumstances
1t might we'll be claimed that they are under
moral obligation to carry out gift which has
failed only in consequence of the failure of the
deceased to execute his purpose in the mode
prescribed by law. But an obligation of this
character. binding only on the conscience of
the legatees, is one which the court is pow
erless to enforce.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
SKIM MILK NOT WANTED.
Milkmen Who Are in Favor of the
Suppression of That Com
,podifv

Suppression of That Com
modify.
The Milk Can and Bottle Recovery Asso-
citation held called meeting yesterday
afternoon for the purpose of enlightening
certain mem bers with regard to the course
of action in the past pursued by the COM
mittee of three that iwere appointed TO
confer with the Board Of Health for the
suppression OF the sale of skim milk.
The committee consisted of L. A. Hay
wards, A. L. Stone and J. Vermeil.
The dissatisfied members believe that
after the sale OF skim milk was abolished
on November the committee again inter
viewed the board, asking them to arrange
for its sale, with the understanding that it
be sold only on wagons especially for that
purpose.
This the members representing the side
organization known as the Milkmen's As
ISOLATION say would form monopoly,
because in such a case only those who
owned several wagons and carried on an
extensive business could afford anything
of that kind.
The committee members explain that
they had no finger at all in the change put
in motion by the board, but that the
board had been advised by its lawyers that
it had no legal right to suppress the sale of
skim milk if the skim milk was labeled
as such.
The entire association and every mem
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
GUESS HOW MANY TACKS
RaphaePs Little Plan for Giving Away
Fifty Christmas Presents.

Fifty Christmas Presents.
You go into Raphaers and make pur-
chase and receive CUES sing blank. Then
you look at box OF tacks, guess the num-
Der contained in the box, write your num-
Der on the blank and return it. II you
guess the right number or the nearest to
it of any of the thousands of competitors,
Raphael will give you $50 in cash for
Christmas money. If your guess is the
second nearest to the mum Der your Christ
mas gift from Raphael will be $25 in cash.
But If you are not lucky enough to
secure either of these prizes, you will have
another chance. The forty-eight persons
who are nearest in their guessing to the
second prize taker will each get coaster.
These coasters are handsome wagons with
brakes, stoutly made, and probably the
most acceptable line of Christmas presents
that can be given to healthy and cheerful
boys and girls who enjoy outdoor sport.
San Francisco's hills were placed here for
the special accommodation of the youths
and the tots that you may see any day in
the year, when it doesn't rain, coasting on
just the sort of coasters that Raphael pro-
poses to give away.
This guessing contest is novel method
of giving away Christmas presents, but
Raphael wouldn't be on earth if he were
not as full of novelty as that box is full of
tacks. The big store is full of novelties in
clothing and that is the business that Ra-
phael is principally engaged in. The box
of tacks is merely an incidental, acquired
temporarily for the purpose of making
Christmas enjoyable to Raphaels thou
sands of customers.
1t is an easy matter to count the tacks in
a number of boxes, strike an average and
there you are. 1t doesn't cost you any,
thing to try, for you get your moneys
worth in the goods you buy and stand a
chance of jingling extra gold in your
Christmas pockets OF becoming the pos
SCISSOR Of new coaster.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
One of the Successful Pioneer
Merchants of San
Francisco.
FORTY YEARS OF ACTIVITY.
Engaging in Business in the Early
Fifties He but Recently
Retired.

Albert Dibblee, for more than forty years
a prominent merchant of San Francisco,
died at his home in Ross Valley yesterday
morning. Mr.. Dibblee was Is years Of
age, and had been an active man in mer-
camille circles until two and half years
ago. when he retired from the presidency
of the Giant Powder Company. He had
prepared to spend the remainder of his
days quietly with his family, enjoying the
competency that he had acquired His
hea It'll in these latter years was not the
best, and the death of his brother recently
added to his suffering until the end.
Mr.. Dibblee came to California in 1858.
and for while tried mining. He soon dis
covered, however, that the sures1 road to
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
SAVILLE CHARGED AGAIN.
Mrs. Bells Accomplished Ex-Manager
to Answer for Another Forgery.

A second charge of forgery was placed
against Bavard Saville last night by De-
tective Ross Whitaker. In this case
Wakelee & Co., the Montgomery street
druggists, were the sufferers.
Mr.. Saville went to their store on No.
vember with check for $50, signed by
Mrs. Theresa Bell. He was known to
them as the manager of Mrs. Bells extern
sive Napa County properties and they did
not hesitate to give him the money. The
druggists learned few days later that
Mrs. Bell had no account in the bank on
which the check was drawn, and the re-
turn of the check to her brought out the
fact that it was forgery.
AT the time he cashed the check Saville
left valise full of underclothing at Wake
lee d Co.'s. This yalise, it has since been
learned, was stolen from Mrs. Bell.
Saville has long record as a confidence
operator and forger. He has served a
term in San Quentin, and only few days
ago was arrested for passing a forged
check for $50 upon the secretary of the
.Sutter-street Railway Company.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
MUSIN AT THE BALDWIN.

Orchestral Concert With Thirty five
Musicians To-Morrow Evening.
Divide Musin and his accompanying
artists, in connection with the great array
of thirty-fiye of this City's best musicians,
will appear at the Baldwin Theater to-
morrow Sunday night in what will be
the grandest orchestral concert ever lis
tened to here. Musin has arranged a
programme far above sanything in this
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
stillweu Case Transferred.

The case of Detective c. J. Stiliwell against
Thomas Wooten for $3.50 for services rem
dered in investigating the circumstances of the
murder of defendants brother, William
Wooten, near Fresno, and also on assigned
claims from Attorneys Comac e. Donahue, has
been removed from the Superior Court to the
United States Circuit Court, because of de-
PENDANTS citizenship The defendant is o
British subject
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

A change in the steward of this popular
resort was made on the LIST, and the pa
irons of the place will appreciate the i'm
proved service. The same fire beers, wines
and cooking will gladden. the heart, while
closer attention will be given to the indi-
vidual likings of the patrons.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
won,t Meet the Butte Team.

BERKELEY, Dec. 6.-The football team
bad a meeting this afternoon at which it
was decided not to meet the Butte team
when they come to San Francisco during
Christmas week. 1t was further decided
to make the proposed trip to Southern
California during the holidays if the proper
financial arrangements could be perfected.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

Der thereof emphatically say they desire
only the suppression of the skim milk, and
all are highly in favor of milk inspection.
AT the meeting the chairman made a
statement recounting the participation of
the committee in the matter.
The meeting adjourned until the third
Thursday of the month, the regular night
of m eetinc
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

City. Each member Of his company
will appear to the very best advantage.
Annie Louise Musin's performances en-
title her to a position in the first rank Of
distinguished artists.
The New York Herald says: Annie
Louise Musin displayed voice of uncom-
mon range and tie1ibility in the we'll
known arie from "Die Zauber- Flote." She
sent forth the staccati extending from
above the staff to f with ease, precision
and an excellent quality of tone.
In 1.-THE Bird Merchant" one of the
numb ers which she is to render at the
concert tomorrow evening, she displays
the wonderful range from q below the
staff to E above high G. Eduard Scharf is
pianist who has created a Juror where
ever he has appeared, both in this country
and Europe. He has the distinction of re-
ceiving Moscheles' prize as solo pianist at
the Gewandhaus musical festival at Leip-
zig. He will be heard tomorrow evening
in some of the most difficult productions
from the masters. As will be seen from
the following arrangement of the pro-
gramme. nothing of like merit has for a
long time been given in this City:
Overture, "Fingals Cave" Mendelssohn
Violin concerto (allegro ma non troppo). Beethoven
Divide Musn and Orchestra.
Arie from THE Magic Flute" ;.......... Mozart
Annie Louise Musin.
,~,, "a. Minuet Observation-Disclosures. Sgambati
fiaro SOLO, b. Etude OPP. %, No. g.. .Rubinsten
Eduard Scharf.
.'BarcarOlle" Tchaikowsky
Orchestra.
Violin concerto (Allegro, Andante and Finae).
Divide Musn and Orchestra.
Arie 1.-THE Bird Merchant. .Zomelli
Annie Louise Musn (l692)
"Caprice No. 2" Musn
Divide Musin and Orchestra.
Overture, "Renzi' 49,. Wagner
The sale of seats for the concert is now
going on at the box office of the Baldwin.
BEAUTIFUL large colored pictures, medal
lions mounted on glass with Florentine gold
frames at ST so each. Small ones 15c, 25c
soc zlc and 81. Come aud see them. Sam
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
ADJUSTMENTS.

BALDWIN THEATER.-" DR.. Syntax"
CALIFORNIA THEATER-Herrmanu, the Great
COLUMBIA THEATER-"A Fool for Luck
MoRosCo's OPERA-HoUsE-"The Blu rglar."
TIvoLI OPFRA-HoUsE-"The Mikado."
CBPHFUM-Hieh -Class Vaudeville
Growers AICAzAE.-"The Governor"
GOLDEN GATE HALL-Carr-Beel Pop. Concert
at 3:l5 p. NJ
MECHANICS PAvILIoN-Horse Show.
SHOOT THE CHUTEs Daily at Haght street,
ere bock east of the Park
PACIFIC COAST JOCKEY CLUB.-Races.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
AUCTION SALES.

BY INDIANA AUCTION CO.-This day (Saturday)
Japanese Art and Curios, in Mills building corner
Bush and Montgomery SITS, at IL O'Clock.
BY KILLIP e Co.-Tuesday, December 10
Horses, at Saesyard, corner Van Ness avenue and
Market streets, at 80 p NJ.
BY G II. UMBsEN & Co.-Real Estate, SATURDAY.
December %, at 2 o'clock noon at salesroom, ii
Montgomery street
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
TO REPLACE THE HUMBOLDT.
Kalish & Co. Will Build a New Coast
ing Steamer.

M. Kalish & Co.. commission merchants,
are contemplating building new steamer
to replace the coasting vessel Humboldt,
which was lost September %.
The Humboldt was passenger and
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

freight vessel plying between this City and
Eureka. Since its destruction Kalish &
Co. have been without a vessel and the
one to be erected will probably be similar
to the Humboldt.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

for $50 month as maintenance. The plaintiff
alleges that she is old and decrepit and has
been supported by her daughter. Mary Orr,
and by her grandson for some time, while her
own son has refused to assist her although he
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
Cable-Cars stopped.

Travel on the Sacramento and Clay street
cable lines was stopped for four hours last
evening by reason or a break in the big wheel
at the ferries. The damage was repaired
shortly after 8 O. clock and travel resumed
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

McAFEE BROS. auction sale of Britain Ranch,
San Mateo Co., sure to-day. See advertisement.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

A Mother Sues Her Son.
Mary Brophy is suing her son, John Brophy,
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

BEAUTIFUL large colored pictures, medal
lions mounted on glass with Florentine gold
frames at ST so each. Small ones 15c, 25c
soc, 75c and 81. Come and see them. San
born, Vail d Co.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-21

test has arisen or shall arise, in a
court of this state, touching the pro-
bate Of any paper purportlng TO pc me
last will and testament Of any person, II
shall and may be lawful for the ordl-
upon petition made for that puf,
pose by the widow of SUCH deceased
person, or by any child or children ne
within the age OF twenty-one years,
then by the next friend of sucn child or
chlldren,1 to mae an order upon the
persons having custody of such estate,
for the payment of such allowance Tor
the support and maintenance of suen
widow or of such child or children, out
OF the income of the estate of such de-
ceased person, as the ordinary may
deem just, pending such contest, and
such further allowance out Of the IN
come, or If need be. out of the corpus
of such estate as may be necessary TO
meet tie expenses incurred or to be IN
Cured in conducting such contest con
corning the probate Of such will; pro-
vided, hat the person hereinabove, de-
scribed as a widow shall have been
~ceremonially married to the. deceased
person, and shall have been living, with
him as his wife at the time of his death;
and the ordinary shall be prescribe suc1
rules to secure a summary hearing ana
relief upon such petition as he may
uS 3. And Re it eacted, Thnat this act
shall tae effect Immediately.
Approved March Y, 1888.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-21
VOORHEES, LAW QUESTIONED.
Lay Judges EsegiD the Fight For
Their Seats.
Special to TIC JcfscD Citu Ncl,s.

TRENTON, May q, 1S95.-Henry
| Schalk, Judge of the Court of Commo
Pleas of Essex county. has begun pro-
| ceedings. through Collins & Cerbin. In
the Supreme Court, to test the validity
of the Voorhees, Judiciary law, passed
last winter, abolishing the Courts OIL
| Common Pleas. The course taken by
| Judge Schalk was to make application
for a writ of mandamus, commanding
Clerk Wrightson, of Essex county, to
| disregard the act and to refuse to re-
| fuse to receive and file any certificate OF
| nomination for the office of Judge OF the
| County Court of Essex county, and to is
| sue the official ballot for the November
| election without any name on 1t to De
| voted for as Judge of the County Court.
| Judge Magic has issued an order liking
Monday, June 3. as the date Tor the
hearing on this application.
The petitioner sets forth that he was
| appointed and commissioned Judge or
| the Inferior Court of Common Pleas OF
| Essex county for a five years term, from
| April /. 1894, which duties he is now ex-
| ercising. He then narrates the scope OF
| the act of March IA, entitled IAN act to
| abolish the inferior court of common
pleas, courts of oyer and terminer ana
general Jail delivery and courts of gen
eral quarter sessions of the peace, and
to establish in their place a county
court in each of the counties OF the
| State.'
The petitioner then protests as follows:
by the true Interpretation of the Con-
| stitution of 1874, the Courts of ommon
Pleas of the several OF inns
State are not included among the IN
ferior courts which the Legislature may
abolish; submits that the said act passes
| March IA, 1885, does not in fact abolish
| such courts, but continues them with
the same powers and jurisdiction; that
| whether considered as continuous or al
tered, the judges of said courts can only
be constitutionally appointed by. the
Governor of this State by and with the
| advice and consent of the Senate, and
that the provision to elect said Judges
contained in said act is unco~nstitutionai
| and void, and being ~inseparable from the
| other provisions of said act, the whole
| act is unconstitutional and void."s
The petition gives a history of the
| Court of Cemon Pleas. which it says IS
| of ancient Jurisdiction. being ordained
| by the King in 1928, the State Constltu-
ticn Of 1776 recognizing it, and the Con-
stitution of 1884 providing FOR the ap7
| pointment of the Judges by joint meet
lH>g--the amendment of 1875 prcTioNlg Tor
| their appointment by the Governor with
| the consent of the Senate.
THE petition closes by statements that
| the County Clerk refuses to. ignore the
| act, and applies for a m~andamus, with
| the result stated.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-21
CHAPTER cccxIx.

An Act to amend an act entitled IAN act con-
corning corporations" passed March second
two.
/. Be it enacted by the Senate and General
section one of the act entitled al act con-
corning corporations passed March econd.
be ammended so as to read as follows;
l.. Be it enacted by the Senate and
General Assembly of the State of New
Jersey, hat in all cases where the bonds
.zed under any act of the legislature of
this state have been issued and which
bonds are u or about to become due or
may be paid by such corporation at
its option, it shall be lawful for the
board of directors of such corporation to
increase its capital stock in order to
bonds and for that purpose to issue and
sell the shares of such increase Of CAPT
tai stock for cash only, and in such man
ner as they deem best. at a price not be-
low the par value of such shares; but no
greater number of shares shall be issued
or sold thar shall be sufficient 90 raise
the principal sums accrued thereon: and
certificates of stock shall be issued 10
the purchaser of such additional shares,
upon payment in cash of the purchase
price Thereof. and the holders of the said
shares of the increased capital stock
hereby authorized shall possess and ex-
ercise the same rights and privileges
in all respects as are possessed and
exercised by the holders of he other
shares of the capital stock of said cor
poration, and the proceeds of the sale
of the shares representing such increase
of capital stock shall be applied to the
payment of such outstanding bonds as
aforesaid, and to no other purpose what
2. And be it enacted, That section two
of said act shall be amended so as TIC
read as follows:
2. And be it enacted. That if like cap
tai stock of any corporation shall be in
creased, as is authorized by the proceed
ing section of this act it shall lac b 5he
within thirty days thereafter, to make a
certificate pnd er their tp respective wbSf 6 oa5ss
ar Observation-Disclosures have been paid by
tie proceeds Of increased capital stock
creased capital stock therof that have
beer issued for that purpose, and t.
cause such certificate to be filed and re,
corded IN the office of the secretary Of
state of this state.
5. Ard Be it enacted. That this act
shall take effect Immediately.
Approved March %, 1895.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-21
CHAPTER CCCXYI.

A further Supplement to an act emitted
ga supplement to an act entitled An
act regarding proceedings on torteited
recognizances and appropriating the
moneys arising from the same and
from fines and amercernentS' (ReviS-
ion), approved April fifteenth, one
thousand eight hundred and forty5six.n
twenty-Vninth, one thousand eight
hundred and n~inety-two. !,
l. Be it enacted by the Senate and
Jersey. That whenever any person hath
been or shall be bound by recognizance
to the state of New Jersey, with con
dition for his o. her appearance az the
court of general quarter sessions OF the
neace. held or tobe held in and for any
county within this state, and said person
hath not appeared or shall not appear
for any cause, a~greeably to the condition
n s1Ieh Repentance and said recognize
Snce natl been or shall be forfeited and
the amount thereof paid in the county
treasury Of said county n IN aeeoras
nv said recoenizance has appeared OR
shall appear before said court to answer
unto the charge of indictment pending
shaii have been declared forfeited, it
shall and may be lawful for the court
of general quarter sessions OF the peace
Oh uoilsIssIp saE u! 6luno0 pres loJ pue u
SO paid or to be paid upon ssid forfeited
recognizance. and thereupon it shall be
the duty of the county collector or trea-
surcr of such county to repay he amount
If such recognizance less the taxed cost
on the proceedings to forfeit said re-
c~ognizance, to reeognizor or r~ecognizors
who shall have paid the same into the
shall be made to said court within two
Years after such recognizance shall have
been declared forfeited
q. And be ~ enacted. hat THIS act shall
tae effect in mediately.-
Approved April %, 1885.