davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
DESCENDANTS OF NOE.
Irregularities Alleged in Noes
Transfer to William j.
Horner.
CHILDREN WERE NOT OF AGE.
Many Large Estates Interested and
Much City Property In
Volved.

A suit involving $24 900, 900 worth of prop
erty is soon to be brought by the heirs of
Jose de Jesus Noe against the owners of
land, improved and unimproved, and of
divers houses and lots, in that portion of
the City known and designated on the
maps as San Miguel Rancho.
The complaint is now in process of COM
pilation and copies thereof will be served
on upward of 1000 defendants, including
the City and County of San Francisco, the
Southern Pacific Railway Company, the
Stanford estate, Croker estate, Adolph
Sutro and all of the land companies that
have been organized to buy and sell land
in that district.
Ali the land comprising the San Miguel
Rancho was acquired from the Governor of
Alta California in 1S45. Noe transferred it
to w. J. Horner. The heirs claim that
Senior Noe had no right under the Spanish
law to make said transfer, and thereby
hangs the tale. The family of Noe ranks
among the oldest Spanish families in the
country, and the litigation will carry with
it an interest second to that of no other
civil procedure now on the records of the
courts.
Messrs. Gum & Koscialowski. attorneys
1Or pldluIlllS, StdIeU yeSUerudy UndG the
suit was based on the petition of Jose de
Jesus Noe to the Governor of Alta California
dated May Is, 1845 in which the petitioner
asks that the Governor grant him one
square league of land lying west of north
west of the Mission Dolores, bordering the
ranches OF citizens Francesca de Haro,
Robert Riddle and Jose G. Bernal, agreea-
BILE to the plat which accompanied his me-
mortal, and bounded on the west by the
ocean. 1t was set forth by the petitioner
that he had large number of cattle and
horses whose increase had been such that
his prior holding was insufficient for their
feed and pasturage, and further, that the
petitioners family would receive the bene-
fit of such grant from his excellency.
The grant was made and the Noe cattle
and horses browsed over the land which
was thereafterward known as the San
Maguel Rancho.
In 184S Mrs. Noe died, leaving three
sons. Five years later, in 1858, Jose de
Jesus Noe conveyed the rancho to William
J. Horner. The heirs now contend that
the conveyance was illegal. Their names
are Miguel Noe, Vincente Noe and Catalina
Noe Miguel Noe is the son of lose de
Jesus Noe and the others are his grand
children.
"Why was the transfer from Noe to
Homer illegal and why has it rested so
long without an attempt being made to set
aside the conveyance ?" was asked.
1.-THE question is natural one," adj
mitted Mr.. KoscIalowski, ''but / think it
can be answered clearly. 1t was illegal
for the reason that at the time Mrs. Noe
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
SUING Fl. M. LEVY.
Solomon Hoeflich Demands an Account.
ing of Property Owned by His
Brother.

Solomon Hoeflich Demands an Account
ing of Property Owned by His
Brother.
Suit for an accounting was begun yes
terday by Solomon Hoefich, executor and
heir of Morris Hoeflich, against H. M. Levy
and Herman Zadig, the stock brokers and
spectators.
This is in the line of the former litiga-
ton carried on by Mr.. Hoeflich to recover
the property of his dead brother, Morris
Hoefich.
In the complaint Mr.. Hoehich says that
his brother owned 10000 shares of the
Golden Eagle Mining Company. Levy
was aware OF that fact, but concealed it
from plaintiff for the purpose, it is alleged,
OF defraudlng the estate. The plaintiff
did not know of the existence of the stock
until he received notice Of an assessment
levied by the board of directors of the COM
pany, OF which Levy is member.
The complainant also states that recently
his attention was called to the testimony
given by Alvlnza Hayward in the trial of
the case OF Fox against the Hale & Nor
cross Mining Company, that his brother
was Jointly interested with Levy in the
profits derived from the milling of the ores
OF that corporation, profits amounting to
$3o'OO0. He states that just before his
brothers death there was a silver bottle in
his room that had been presented to him
by J. G. Flood. He believes Levy could
produce that bottle if called upon to do so.
he declares that his brother owned a pearl
pin and some diamonds and other iewelry
which were taken by the defendant, who
assumed the right to distribute them
among the friends of the deceased.
Another allegation is that the plaintiff 8
iOir, i,,{A
in IS 900 shares OF Hale & Norcross stock
and certain promissory note for $50, O0O
The plaintiffs demand that Levy be re-
CURED to produce in court all books and
papers that may throw any light upon the
business transactions of the deceased, and
that receiver be appointed to take charge
OF them pending the determination of the
suit.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
MAP SHOWING PROPERTY CLAIMED HEIRS,


died, under the Spanish law as it then ex-
listed the property vested in her children,
and the husband had nothing more than
usufructuary interest during the
minority of the children. The reason why
action was not taken before is because the
decisions of the courts of California have
held different view. The reason why
action is taken at this time is because
within the last three months it has been
discovered that the courts erred as to mat
tiers of fact, that is to say they had made a
mistake as to what was or what was not
foreign law when California was under
Mexican law. The courts of California in
their construction of Mexican land grants
made of property in this State prior to its
admittance to the Union awe almost uni
versally held that such grants should be
classified 'Bienes Gananciales' (donations)
made by the Government"
The case of Panaud VS.. Jones, 44S First
California, was referred to by Mr.. Koscia-
lowskl, in connection with others of record,
as showing, according to his Interpretation
and that of prominent Mexican attorneys,
that under such grants as the one in ques-
ton the husband has no right to transfer
property after the wife's death; that it
vests in the children, and cannot be dis
posed of until the children are of age. In
the case of Panaud VS.. Jones the grant was
made as reward for military services. In
the case soon to be at bar the land was
given for agricultural purposes the bene.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
AT THE HUMANE SOCIETY.
Mrs. Croft Says Her Husband Refuses to
Pay Alimony.

Mrs. Croft Says Her Husband Refuses to
Pay Alimony.
Mrs. Helen Croft of S58H Folsom street
complained yesterday to the Society for
the Prevention of Cruelty to Children that
though her husband, who was divorced
from her in 1898, was ordered by the court
to pay her $25 month alimony for the
support of herself and their three children,
he has never paid her cent.
Her attorney, she said, refused to push
the matter against her husband unless she
paid him fee, which she was unable to
do, although, according to her, he had
agreed to procure her divorce and its in
cidenta1 benefits for contingent fee of $50
Secretary McComb referred the case to
Judge Hebbard, who made the order of
divorce and alimony.
The society has undertaken to look after
the two Mcguire children-Rose, years
old, and Peter, 2 years old-living at the
Anita House, 81 Hunt street. Their father,
John, boiler-maker, has been for some
time without employment and has recently
disappeared, and Secretary McComb says
their mother neglects her children and that
she will be prosecuted if she can be found
The Wallace circus asked the permission
of the society for Gwo Japanese attaches,
Shou and Tonka Kishiluna, 16 and
ID years old respectively, and a
perform the parts for which they
are down on the circus programme.
1t was refused, sixteen years being the age
limit under the laws of this State, and the
age of Shou and KishiIuna being not quite
certain
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13

by the Tax Collector and the taxes have be-
come payable the owner of any property as
sesseo therein, who may claim that the assess
ment is void in whole or in part, may pay the
same TO the Tax Collector under protest; that
such payment should not be regarded as vol
untary ana that such owner may at any time
WITHIN SIX months thereafter bring an action
against the county in the Superior Court to re-
cover BACK the taxes so paid under protest. 1t
Is Iurtner provided that if it be alluded that
tne assessment, or the part thereof referred to
IN Inc protest, was void on the ground specified
IN the protest, Judgment shall be entered
against the county therefor.
The complaint is demurred to upon the
ground that 1t does not state sufficient facts to
constitute course of action.
On the part of the defendant 1t is claimed
that Section 1919 of the Political Code applies
only to the ordinary state and county taxes
and not to assessments for local improve
The so-called Dupont-street tax Is not strictly
tax. but an assessment. 1t is true that in the
Dupont-street act of March %, 1876, the impo-
sltlon is called tax. In the act of April l.,
1877, providing for the opening of Montgomery
avenue, the same term was used; but 1t was
neid by the Supreme Court in Doyle VS.. Austin,
4! Cal, 353, that the imposition was an assess
ment and not a tax
Judge Seawell stated that money received
as Dupont-street taxes could only be used
in payment of coupons attached to the
bonds and IN redeeming the bonds, and he
concluded as follows:
Independently of Political Code section 1919
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
TWENTY-FOUR MILLION DOLLAR LAND SUIT.

fits to be shared in by members of the
grantees family.
eve claim" continued the attorney,
that Noe senior had no right to make the
oeed he did to w. ]. Horner, and that the
present owners of the land bought 1t at
their own risk without sufficient investlga-
ton as to the title on the principle OF
cayeat emptor purchasers beware).
The attorneys for the plaintiffs claim to
nave made thorough research among the
earliest Spanish records, and they have
had translators at work for weeks here and
IN Mexico on the laws in force at the time
California was uuder Mexican rule.
According to Escriches,a ponderous Span
1sh law tome, the act relating to the hus-
band and wife's interests in grantsislmilar
TO the one in question has been In force 300
years, and is operative to great extent to-
day In the settlement of estates in Mex
leo, Spain and even in France. In the
suit to follow Spanish law will be quoted
in extenso.
The property involved in the suit is
roughly estimated to be worth about ga,
100000, and includes the whole of the
original San Miguel Rancho: More accu-
rately described, as is shown in the accom-
panylng map, the boundary line extends
teenth streets along the line of the old San
Jose road as far south as the county line,
thence to a point near the Halght-street
ball grounds and back to Nineteenth and
Valencia. including the Almshouse tract,
House of Refuge, Spring Valley Water
Works Company's property near the Aims
house, all of Horner's Addition, Lake
View. Heyman tract, Columbia Heights,
Fremont Land Association, Railroad
Homestead, Park Lane tract, Clarendon
Heights, Market-street Homestead, San
Miguel City, Phoebe and Robinson tract,
Belle Rocho tract, San Miguel Homestead
Association, and all the Mission blocks
from II to Ia, inclusive.
Papers will be filed in a few days.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
A NEW CHURCH INSTALLED.
Now the CongregationaIists Have
Twelve Within This City.

Now the Congregationa1ists Have
Twelve Within This City.
Last night another Congregations
church was added to the eleven in this
City and to the 5000 in the United States
1t is a little wooden building and stands
on Green street, near Pierce. Hereafter il
will be known as the Pierce-street Congre
gational Church.
In 1887 the lot was bought for $1,000 and
the building erected, the necessary funds
being almost entirely furnished by Stephen
S. Smith, deacon of the Plymouth Congre-
gational Church and publisher of the Pa.
cific. Not until last April, however, did
the congregation organize as church, and
then a petition was sent to the existing
Congregational churches of the City re-
questing membership. Before that time
the little building served the purpose of q
chapel, in which different pastors were in
vited to preach. But since then Rev
Philip Coombe has been the pastor.
AT the conference last night there were
representatives from nine churches IN the
City:
First Congregational-D. Gilbert, delegate.
Plymouth Congregational-Rev DR.. w. D.
Williams. pastor, and s. F. Bufford, delegate
Third Congregational-Mis C. Parker, dele.
gate.
FOURTH Congregauonal-ReV. +. FlaW1th,
pastor.
Pond pastor, and Deacon c. II. Coggin. dele
gate.
Olivet Congregational-Pau E. Arndt, dele
gate.
Ocean View Congregational-Rev T. 81. Hen
derson, pastor, and H. Plath, delegate.
Bethlehem Congregational-Rey. w. q. Tubb,
pastor, and Miss Tubb, delegate.
Richmond CongregatiOnal-Rev p. Coombe,
pastor, and Miss Alice Guthrie, delegate.
Park Congregational-Rey. ]. A. Cruzan,
pastor, and Deacon Spring, delegate.
In addition to the regular delegates and
the members of the congregation. there
were present by invitation Professor
George Moar, Rev. Walter Frear, Rev. j.
K. Harrison, superintendent of the home
missions of this State; Rev. III. III. Wickoff,
Rev. John Kimball, editor of the Pacific,
and Joseph Lee of Berkeley.
The ceremony of receiving the new
church to membership consisted simply in
an unanimous vote to that effect by the
delegates and pastors in attendance. After
that the programme arranged for the occa-
sion was carried out. There was prayer
by Rev. j. A. Cruzan; sermon by Rev.
DR.. Moar on the loving relations of hus-
band and wife and the love that should
exist in the church for the church; the ex-
tension by Rev. DIR. Williams of the right
hand of fellowship from the churches of
the United States to one of the members of
the new church; and a prayer of recogni-
tion by Rev. DR.. Pond.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
to their request, the board passed the fol-
lowing resolution:

to their request, the board passed the fol-
lowing resolution:
Resolued, That it is the sense of the board
that the senior member of the faculty devote
his whole time ito the duties of the college
and that the appointment or an aodltlonaI
professor is inexpedient at the present time.
"Now you will observe that that resolu-
ton was passed in response to the applica-
ton of the two professors for assistance.
We had in mind what we supposed was
the understanding with Judge McKinstry
that he should devote his whole time to
the duties of the college, and the interpre-
tation we gave to the request for assistance
was that assistance was necessary. We re-
fused the request because we thought that
what we supposed was the understanding
ought to be carried out, and that If 1t was
there would be no need for assistance.
eve sent copy of the above resolution
to Judge McKinstry, but he took not the
slightest notice of it. He must have known
that the board was the governing power
of the college, and that 1T was the duty of
the professors to conform to its views, but
for two years he kept on ignoring its ex-
istence and disregarded its formally ex-
pressed wish, without even taking trouble
to communicate with it. In other words,
he assumed to regulate his course as pro-
lessor according to his own views in utter
disregard and defiance in those in author
ity over him.
"Now, where the board erred was in not
calling him to account Immediately. 1t
ought to have done so. But out of regard
for his character and position, it desired to
deal patiently and gently with him and it
did nothing for about two years. By that
time the business of the college had in
creased and something had to be DONE
Just about then we received a communica-
ton from Judge Slack, who has always
given the most splendid services to the col
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
DEATH OF JACOB z|LL|G,
An Autopsy Shows That 1T Was
Due to a Fracture of
the Skull.
An Investigation and Suit for Dam
ages Will in All Probability
Follow.

Jacob Zillig, who was injured Friday last
by falling from Mission-street car, died at
his home on Jessie street Sunday. Yester-
day the body was taken to the Morgue,
where an autopsy was made by DR.. ] Il.
Barrett. Drs. Hunt and Berndt were also
present as representatives of the family.
The autopsy showed that death was due
to hemorrhage, induced by fracture of
the skull extending from the left temple
back five inches.
1t is not improbable that suit for dam
ages will follow, based on the result of the
autopsy, in which event the Market-street
Cable Company and the City will appear
as defendants.
Eugene Zlllig, the eldest son of the de-
ceased, said: "My father was injured last
Friday while riding on a Mission-street
car. He was carried to the Receiving Hos
pital, where the attending surgeon exam
ined his wounds. say examined, though
the autopsy proved that he merely looked
at them. The physician stated that
fathers injuries amounted to few bruises
and scratches, which he hastily cared for,
and at GIG o'clock he insisted on sending
him home, and to this fact more than the
fracture of the skull l attribute his death.
THE autopsy demonstrates more plainly
than l can tell it that the present force of
physicians at the Receiving Hospital are
either incompetent or criminally care
less. We expect to bring suit for damages
against the City and the Market-street
Company, though it is too early to outline
out plans. We are convinced that if the
proper examination had been made bv the
hospital surgeons our father would be
alive to-day and in no danger of death.
The ambulance brought our father to the
door, but none of the attendants offered
the least assistance in getting him into the
house: 1t is true that he was able to walk
or rather stagger along, but that should
not have prevented them from giving oil
the aid in their power"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
McK|NSTRY'S DISMISSAL,
Trustees of Hastings Law Col
Iege Handle the Jurist
Without GLOVES.
JUDGE SLACK IS PROMOTED
The Story Of the Recent Changes
as Told Yesterday by Robert
Y. Hayne.

The sensation in the Hastings College of
Law over the dismissal of ex-Justice
McKinstry from the senior professorsnip
of the institution continues undated.
Much has been said and published con-
corning the enforced retirement of the
distinguished iurist from the pedagogical
office, which was attended by a salary of
$4,000 year and high professional honor
which could not be measured by dollar
mark, but all expressions of opinion and
sentiment have so far come mainly from
Judge McKinstry's friends. None of the
members of the board of trustees had, up
TO yesterday, spoken.
Yesterday Judge Robert Y. Hayne of the
board of trustees threw delicate considera-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13

the action cannot be maintained against the
defendent for the following reasons:
Flrst-The taxes paid by plaintiff were not
received by defendant
Second-No deed which the Tax Collector
could lawfully issue could cloud the plaintiff
title and the payment was therefore voluntary.
The demurrer to the complaint is sustained.
1t is expected that the suits will be
appealed
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Cyclists Protected

An ordinance was passed by the Board o.
supervisors yesterday declaring it a misde
meanor for any person to "place or throw upou
any OF the roads, lanes, byways, sidewalks o,
prldges OF the county any broken glass. nails
tacks or other material which may In any way
aeno 10 damage or injure personal property Of
sons violating the ordinance will be fined 800
loL eacn onense, and % per cent of the fine,
WIEN lt c9lieeted, goes to the officer making the
h Tailure 70 pay the fine will be followed
each So of the fine 'o VI oii0 uN5 AZ
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
WENT SUDDENLY BLIND.

A Sad Affection Befe11 Mrs. Levinsky
While Weeping Over Her Husband.
At the Masonic Temple yesterday Mrs.
Mathilda Levinsky, while weeping over the
blind.
The deceased, who had been i'll for some
time, died in Stockton August 8, and since
his death the widow has suffered from an
affection of the eyes brought on by
weeping.
Mr.. Levinsky wa 70 years of age.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Insure Your Title,

No person should buy real estate without
having the title examined and insured by the
California Title Insurance and Trust Company.
Its guarantee will save world of annoyance
and trouble and protect the purchaser and his
heirs forever from defective instruments on
record. Office: Mills Building, L. 4. Ellert,
Manager.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Unknown Man Killed

Whlie walking on the railroad track between
Meirose ana Seminary Park Sunday morning
9 az inknoWn man was struck by the Haywards
local train, receiving injuries from which he
i uaeo soon after being conveyed to the Receiv-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Mrs. Eyster viii Leisure.

MIS- Nellie Blessing Eyster viii deliver q
lecture at the entertainment of the Woman's
educational aud Industrial Union at 103 Van
pess avenue this evening On 1.-THE Origin OF
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
''Ban1=
boozling.''

"Papa, what is BAN boozling ?'
"For example; l went to a store and
asked for STANDARD Shirts; the clerk,
by clever talking, persuaded me to buy
others; that's mild form of bambooz-
ling"
"But if those you got were as good and
cheap as the STANDARD ?'
''They never are, my son; but aside from
that, wanted shirts turned out by hons
industry-made by men and women OF
San Francisco
Let all your Shirts-white, outing, per,
Gale, night-bear this marx:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Free This Week.

EIGHT BIG PREsENTs-oNE GIVEN WITH
Each Pound of Our
EXTRA VALUE 6U-CENT TEAS.
GREAT AMERICAN IMPORTING TEA CO.'S
62-5S Market street, S. F., Headquarters.
BRANCH STORES EVERYWHERE
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
Mrs. Worthington's Case.

The arguments in the Worthington trial
were begun yesterday, and the case will be
given to the Jury to-day.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
NEW TO-DAY.


UlIIIlIJEVi In the past ten days
IIIIIbIliI Shoe selling, during which
UIEttIlAEks our business was little
iIGs5IIlHlli short of phenomenal,
I5bllIHIIEi there naturally accumu-
HEItIIlIIaa lated a mass of remnant
IIIllItIlEIiots. These we have re.
liItlIIllIls duced to a price that
MUST act as a powerful
IlEIEIIIlslIever to move them from
5llIeIlsslIlo our shelves.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-13
FRENCH KID BUTTON BOOTS

Louis the Fifteenth heels, square and
round toe, no tip; all hand-turned
Shoes. Have sold as high as eight dol
lars. Sizes 2, ~ and 3.