The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-05
The Complaint Filed in the
United States Circuit Court
a Few Days Ago.
UNFAIR DISTRIBUTION is ALLEGED.
Adolph Rosenthal, German Consul, Was
Appealed To and Appointed
the Attorneys.

The German heirs of the late Charles
Lux of the great firm of Miller 81 Lux
dissatisfied with the share allowed them
of the vast estate in which they are inter
ested, have begun suit in the United
States Circuit Court to have the settle
ment set aside and for an accounting, and
there is every prospect that the long and
tedious litigation recently closed by com
promise will be reopened and gone ali
over again.
When Mr.. Lux died several years ago
his widow, Mrs. Miranda w. Lux, desired
that the business of the firm OF Miller d
Lux be wound up, but was opposed by
Henry Miller, the surviving partner, who
wanted the affairs of the concern carried
on as before.
After several unavailing attempts to
settle the matter amicaby suit for an ac-
counting was begun, and long and COM
plicated litigation ensued. An imposing
array OF legal talent was mployed by each
SIDE in tbs controversy.
The case dragged through the courts for
many months, and was brought to a tenn.
porary halt by the formation of one of the
largest corporations in TINS country.
The basis of organization was the
issuance of $12 000, 600 worth of stock rep
resenting the immense landed properties
and the varied interests of the firm. This
was divided in proportion to the amounts
that the different heirs were to receive by
the Will OF Charles Lux, and the trou bies
of the concern were apparently at an end.
Mrs. Miranda Lux died while the litiga-
ton was in progress, and the executors of
her estate carried on the case until the
compromise described was reached.
Among those who bene flied by the will of
Charles Lux were numerous heirs in his
native place in Germany, to whom he left
legacies aggregating a large sum. They
shared in the compromise by which the
corporation was formed, with Henry
Miller as its head, and apparently felt
satisfied with the state of affairs.
Henry Lux of San Jose, relative of
Charles Lux, held the power OF attorney
of the German heirs and transacted all of
their business in connection with the
matter.
1t now transpires that they do not think
they have been fairly treated in the dis
tribution OF the shares of the cor
poration, and that they have deter
mined to fight for what they deem their
rights in court.
Henry Lux was recently notified that
his power of attorney had been revoked,
and at the same time the legatees In Ger
many wrote to Adolph Rosenthal, the
German Consul in this City, comforting on
him the power of attorney, and asking
him TO look to their interests without
delay.
AS is customary in cases where Germans
ask assistance IN this manner Consul
Rosenthal employed attorneys whom he
considered trustworthy and efficient and
placed the case in their hands. These
attorneys, Messrs. Loewey and Gutsch, at
once prepared the papers. and the suit
which alleges that the Germ an heirs were
not allowed the amount OF stock their
proportion OF the estate entities them to,
was filed in the United States Circuit
Court.
This complaint has not been made pub
lie for reasons best known to Messrs.
Loewey q Gutsch. but it is expected to
cause sensation when the case comes to
trial.
Consul RosenthaI stated last evening
that he had received the power of attorney
from the heirs in Germany some time ago,
and in accordance with their wishes had
placed their interests in the hands OF the
attorneys mentioned.
81 know little or nothing Of the details
of the suit" said Mr.. Rosenthal, because
Miller q Lux litigation. 1t was compli-
Gated, and have not been able to follow
it through.
ut Is evident, however, that the heirs
In Germany are not satisfied with the
manner in which their interests were
handled and that they desire the settle
ment set aside so that they may receive.
II possible, more than was allowed then
Il have not seen the complaint that was
drawn up by the attorneys in whose hands
placed the natter