The San Francisco call., 1896-09-27

fore take it for granted that you don't wish
10 accept the above proposition. 1t is my time
and work exclusively that Mr.. l.. agrees to
pay for. Now, as TO fairness, am certainly dis
posed TO do what is right, and repeat my propo-
slton TO you once more, and not only aware to
you two-ffths OF one-half, bu. hall of ali the
lee realized out of my labor and the above
mentioned agreement, after first deducting
$4,000 from the gross amount for me, for this
amount is out of consideration on your part,
having earned this before your connection
with me. hope most sincerely that this differ
ence of opinion will not be the cause OF break
ing up our friendly relations in this matter, as
well as for future corporations, for many
good lee may be able 10 procure for you,
alth Tough not as large as the above named, ana
even this one you would be minus If il were
uot for me. The whole sums up 10 this: That
II you wish to avail yourself of my, which
claim generous, offer you are welcome to do so
and If you draw at any time the necessary
paper to this effect will sign it with pleasure,
otherwise shall positively decline entering
into any different agreement Respectfully
yours, L. KRUMB.
Differences had arisen early in 1890
between Campbell and Krumb, Krumb
having made a demand upon Campbell
for participation in the moneys which
Campbell had received, and Cam bell hay
ing refused to accede to said request.
Thereupon Campbell went to Henry Lux
and represented to him that Mr.. Krumb
was making some unjust and unfounded
demand upon him under the contract of
the Sth OF January, 1888, and that in order
10 avoid paying unjust and unfounded de-
(CsmpbelD to have the contract upon
which Krumb based his alleged rights
rescinded and new contract similar TO it
in terms executed.
THAT yielding to the request of Mr..
Campbell in that matter, and believing
that the con tract which was then pre-
sented to him to be executed was the
the contract nf IannaPu 1899
Henry Lux, for himself and the other
German heirs, consented to and did exc
cute said contract.
"That at the same time said Campbell
represented to said Henry Lux that he
had already performed about two and a
half years of service in their behalf, and
that it was desired by him that some par
tial compensation should be made to him
for the services thus performed, and sug-
gesied to him as a method of omplish-
ing that end that he consent to an order
being made by the Superior Court by
which Campbell should receive compensa-
ton at the rate of $12, 900 for the two and
a half years be had then served, and that
the same amount be paid in future, but
not exceeding in all the 3 per cent which
he was entitled to under this contract.
believing the representation of his at
torney, Mr.. Campbell, to be true, and that
every dollar that should be paid under
dn1 OIOcI VI ln6 COurL WOulQ De DalQ OIL
account OF the per cent contract, Mr.
Lux not only entered into the agreement
OF July Ia, $780, but consented to the max
ing of the order of July 81, 1890, and that
the Judge OF the court made that order
fully understanding that agreement and
upon the distinct statement made to him
that whatever moneys were paid under
that order were to be credited upon the
per cent provided in the agreement. That
agreement was before Judge Fitzpatrick
at the time the order was made and l will
add but for that agreement and the state
ment made, as have stated it, his Honor
would not have made that order. 1t was
done entirely by cons MT upon the facts
and statements that have made.
At the close of Mr.. Delmas' offer of evil
dence to prove mis- statements, J. G. Camp
bell, attorney for James II. Campbell.
formally objected to any proof being taken
on the ground that court of probate had
no power to hear any evidence in disputed
matters pending before it except in those
cases where such power was specially
given by the statute.
Before Mr. Campbell closed his remarks
the session was adjourned until N.
In the afternoon Mr.. Campbell briefly
reiterated his contention and closed Mr.
Tread well then asked leave to be heard as
friend OF the court and as the attorney
for the executor, stating that his only in
terest in the present matter was 10 avert
delay in the settlement of the e. tate de
said he was satisfied the court had power
to revoke the order of July 81. and to
withhold the payment of the So 500
claimed by Mr.. Campbell under we'll
recognized legal rules, but no matter how
the court might decide it there would
probably be an appeal and q consequent
delay.
He suggested therefore that Mr.. Camp-
bell, who, he said, could not upon such
appeal hope to be sustained in the position
which he had taken, should withdraw his
demand fol the present payment OF the
$40. 500; that the whole matter should re-
man in statu quo until the final distribu-
tion of the estate, at which time the court
could determine upon the business of
Campbell's claim.
Mr.. Delmas for the petitioners said that
was the whole purpose of the proceed
lng-to prevent the present payment to
Campbell of that money which the
petitioners claimed would be in excess
of the 3 per cent OF the amount to be finally
distributed to them.
After desultory discussion of the mat.
ter it was at last agreed that an order 10
that effect should be mace by Judge
Belcher
The afternoon session was marked by
two important matters-one, the personal
admission by James H. Campbell that be
would under no conditions be entitled to
receive at any time more than per cent
OF The amounts finally distributed to the
German heirs, and the other, the Joining
in the petition of Lizzie NJ. Pott, Mar.
guerite Lux and Charles Henry Lux, the
only ones interested who had heretofore
reirained from entering the proceeding
against Campbell.