davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1906-06-10

new quality of justice is to be ad-
ministered in San Francisco. The
earthquake shook the consciences of
men. and no pound of flesh will be ex-
acted. Equity VIII be done by the
courts with the scales balanced as the
golden rule would dictate Out of the
shattering of the city's temples and the
overwhelming sweep of fire will come a
ehastening of the administration of the
law in san Francisco.
I hold contract whereby a lumber
dealer was to deliver me lumber for
three fats by April 25. and I want to
see how can make him pay me for
felt of $1,000 that L insisted on in the
contract" said a thrifty rent-getter to
one of the city's lawyers a few days
ago
Il am not looking for your case, and
you can't find a lawyer in San Francisco
today who viii take It." was the reply
You couldn't win the ca Sc in all prob
ability. and even IL you had a contract
that would cinch the man no Judge or
lawyer is going 10 help you in these
DAYS"
Such is the spirit that pervades tie
legal fraternity, not blessed at all times
with too high code of ethics ordinari-
ly. but now awakened 10 a new sense.
Agree with thine adversary whilst
thou art in the way with him reads
the Good Book Do what is right, come
together compromise, urges the Judi.
cial machinery of this smitten city. Il
this attitude so strong that the charla-
tan will heed il and join in the brother
hood? They say IL is. The Judges Will
WELD their sternest influence, ami as
the lawyer feels in his devotion to the
cause of the blackest criminal so he
feels he must help people that suffers
dire distress.
Tt is easiest for him 10 read his char
acIer high who is blessed with the con-
fdence Of success. Every attorney in
san Francisco feels that there will be
much work for him TO do, and he IS
confident OF earning many honest dol
lars within the next few years. Human
nature would rather be honest. any
how. IL il can attain its ends with equal
facility.
The amount OF work that must be
done under legal scrutiny is stupen-
doIs. Litigation of disputes will prob
-FtE not be so extensive as is generally
% expected. although there will be enough
0f that. But the great work will be
the peaceable actions to quiet titles TO
property the records OF which as re-
QUired by law have been destroyed. The
Legislature provides facility. but in the
thousands OF instances that will arise
the property-owner must go into court
and secure a judgment that viii pro-
tect him against the world
The greatest task in point OF labor
viii be the duplication Of papers which
were on file in various Offices Memory
and copies eNtant must be taken ad-
vantage OF. The clicking of typewrit-
ers in lawyers Offices viii be heard as
The San Francisco call., 1906-06-10

the ace open. The next turn brought
the ace out on the losing side The
tenderfoot didn't bat an eve.
BY jove,' he said coolly yawning
and stretching, the luck sure is
against me. / can't even win a bet
when / make one for fun
Upton looked up at the lad pecul-
iarI.-, apparently doubling whether the
tenderfoot was fooling or in earnest.
How's that?" he inquired.
:" i said.' replied the tenderfoot. just
as if he were talking about the wealth
er. that even when l bet for fun /
can't seem to get anything
Upton's face darlSened, and the men
who were standing Ground the tender
foot edged away as by u common i'm
pulse. They thought they sniffed some
thing coming.
Where's your hundred for this
marker?' inquired Upton. flicking the
marker from the ace.
The hundred? said the youngster
in a wondering kind of a way. 4
thought l just told you that l made
that bet for fun. to see if there was
going to be anything doing in the way
of luck for me-
The San Francisco call., 1906-06-10

ionged to him. The lawyers talked
three minutes each. and landlord and
tenant were convinced that IL was fair
and equitable that they should share
equally the good fortune the i'll wind
had brought them Calm reflection
brought the disputants to the same
view, and they began to feel good over
doing the right thing Each was going
to have $3.50 a month added to his in
come, anyway, and to them this was
much like a fortune.
Yes, the lawyers got their fees at
once. Each client suggested a fairly
liberal fee in the good humor that came
upon him after the righteous adjust
ment of the dispute had been made.
There is plenty of work ahead for the
legal fraternity, not so much in fights
in court, but in the many transactions
not in the nature of contention, such
as the Strengthening out of records and
restoration of lost papers. Already the
people have begun to flock TO the Of
fees of attorneys They come with
money in their pockets, too, and the
prospects are very bright for the prac-
titioner to quickly recoup himself for
loss of Offices. library and other tangi-
BILE assets.
1T remains for the lawyers to main
tain an attitude on a high plane. II 4
complicated case arises an attorney who
may adopt ugly tactics can cause no
end of trouble. We shall possibly have
the opportunity Of picking out the
meanest men in the profession in San
Francisco. However. the courts will
look with small favor on those who try
to drive advantage of the difficult sit
uation. The Judges can and undoubt-
edIy will take the broad views such as
the very important matter of public
policy dictates. Shystering tactics will
be frowned down with unmeaSured Sc
verify.
The conditions are such that men
will have to get together and settle
A hardy spirit of fair play is manifest
ed on all sides"
Already a very interesting action has
been brought by tenant and landlord
of ante-fre time. The lease had three
years more TO run. The statutes say
destruction of the building terminates
the lease. The landlord regarded this
as accomplished and took advantage OF
the opportunity to rent the premises
for a bank that fixed up temporary
quarters The tenant says the walls
and ceiling of the place were left intact
by the fire, and he demands that he be
allowed to continue possession Here
a question of fact. probably most DIM
cult to solve with good conviction, IS
presented. Many such cases will in all
probability arise and novel points or
law will be in abundance for adjudica-
ton by the profound men of the bench
But in all the complexities and
strange turnings of the course OF ad-
mfnistering justice San Francisco viii
see reawakaned the code OF ethics on
which is founded the noble profession
of the law
The San Francisco call., 1906-06-10

ing to compliment the girls, remarked
in the hearing of all, What very at
tractive looking lot of working girls
these arei" This sort of thing is by
no means rare. Wealthy women visit
ing settlement houses, as they do in
large numbers, feel offended If their
desire to visit intruEively every club
in the building is discouraged by those
in charge. In some of the larger set
tement houses an evening rarely
passes without from two to half a dozen
groups of such visitors showing their
lack of regard for the feelings of others
by intruding upon the privacy of one
club after another, inspecting them
successfully as they inspect animals in
their cages at the zoo.
And now a word as to the attitude
of the working girl toward organized
charity. She knows that there is no
true charity except where there is true
sympathy, and that true sympathy can
exist only in proportion as there is
true understanding of personal needs
and feelings. TO be sure there are
many working women who will readily
accept donations of money or food or
clothing whether the gifts be given by
ward politicians seeking the votes of
the husbands or by such of the rich
as seek through Charity" to cover a
multitude of SINS" or by societies
which advertise conspicuously the dom
ors of their funds, but most self-re-
The San Francisco call., 1906-06-10
BLUFF TAMES Col ORADO BAD MAN

aZost Of the bad men that ] met
up with back yonder in the days when
real bad men actually existed were so
versatile in their moods. TO put it
that way. that nobody could figure out
just what they were liable to do in a
given case" observed Abraham Kauf-
man. former leader of the orchestra of
the Taber Grand Opera House in Den
YER WHO put in a good many years in
1he Colorado camps when they were
new and lively 4 fell TO thinking of
this couple Of days ago when j read
a poker story in which a seasoned but
desperate gambler took a chance by
opening a jackpot without holding
openers and winning out on the play.
] saw tenderfoot take a SITTER chance
than that once with one Of the worst
men in the West sitting on the other
side OF the table and get away with it.
Pack Upton. who was shot to rib
bons b. a posse of deputy marshals in
1883, had q flyer faro layout IN Dur
ango. Col, in 1881 Upton was poison
all the way through. He had pretty
nearly as much Indian in him as
white. although the red stuff didn't
The San Francisco call., 1906-06-10

in all these cases must be supplied by
that Office practically at one time, and
in addition I anticipate that there will
be great number of new cases call
ing for attention, involving in some
cases new and intricate questions-the
necessary and logical result of condi-
tions growing out of the disaster
Already few criminal prosecutions
have grown out of the disaster. There
have been a number of big thefts of
loot and Misrepresentation to the in
surance companies have occasioned a
number of arrests. However, it is in
the civil branches of the law that the
lawyers will find the great work to do
There will be many disputes be-
tween landlord and tenant" says At
torney Maxwell McNutt. mot alone
will business locations enjoyed before
the fire be the subject of dispute in the
new order of things, but there will be
much contention between landlord and
tenant in the district that escaped the
flames.
For example, rents went up with a
bound along Fillmore street immedi-
ately after the fire in the desire of
business firms to establish themselves
there. Tenants took advantage of the
situation and sub-leased their premises
The owners of the property in many
instances think they are entitled to
share in the sudden increased pros
perity of the street. Where the leases
are not specific a dispute arises at
once. Where they are, property own
ers think they should not be held to
literal Interpretation when there comes
up an extraordinary condition not
reckoned with in the usual course of
events.
What is the disposition of the law
yers? 1t is generally agreed that ten
ant and landlord should share equally
in their opportunity to make money.
can tell you of a case that came up
today. A man had small store on
Fillmore street that was considerably
larger than his business required He
quickly put up a partition and had
good space to sublet and he promptly
entered into contract at a good figure.
THE landlord thought he was en-
titled to the increment. He went to
his tenant and demanded that the sub
lease be turned over to him. The store
hot dispute. Each rushed to hunt up
the office of his lawyer. BY the way,
you will notice that lawyers don't have
Offices nowadays; what was a single
bedroom is an office.
Now what did those lawyers do?
They at once came together and agreed
that the landlord ought to have half
of the rent increment. That conclusion
was reached without discussing a
single statute or a single point of law.
They simply talked fair play.
Next the clients were brought to-
gether in second conference. The
landlord wanted all the increase of
rent; the tenant maintained it ali be-
The San Francisco call., 1906-06-10

behind the chairs. dropping bets down
on occasional cards they liked. Once
in q while, when these ISLANDERS
couldn't reach the cards, they wanted
to put their gold on. they'd call out
in low tone to Upton. Pack. just
put a marker on such and such a card
for me- naming the amount they want
ed to go on the card. If they lost,
they'd toss the gold over to Upton.
And none of them failed, either, TO
have the gold by him to toss over
"The Philadelphia tenderfoot walked
up behind the crowd of men standing
back of the chairs ard peered over the
shoulders of one of them in order to
have a look at the case keeping of the
chap sitting down in front of him. He
studied the list for a moment or SO,
and then he looked straight at Upton,
who was halted with his finger on the
card in the box. waiting for all bets
to be laid down.
Just put a marker on the ace to
win a hundred for me, will you? the
tenderfoot said to Upton.
Upton looked up at the youn gster,
whose face was entirely new TO him.
and nodded. He put the marker on
The San Francisco call., 1906-06-10

'.At this instant every man sitting
around the table was ready to drop TO
the floor TO flop low while the bullets
were flying. 1t looked like a sure case
of dead tenderfoot. Upton studied the
youngster intentIy for a moment, his
features working with anger. The boy
stood looking at him in an innocent
kind of way, with his hands in his
trousers pockets After about thirty
pretty quiet seconds of this. Cpton's
dark face creased into grim
Son. he said amusedly to the ten
derfoot. you make a hit with me
Here take this-reaehing into the
drawer and pulling out five double
eagIes-'and see what you can do with
it up the block and he handed the
perfectly self-contained tenderfoOt the
hundred
The tenderfoot accepted the coins
with a murmured word OF thanks for
the loan went up the block to an
other faro bank. won $500 inside of an
hour. returned and paid back Upton
the hundred, and had that very evil
proposition for a stanch friend during
the remainder of his stay in Durango.T
The San Francisco call., 1906-06-10

fool boy who'd attempt to make a
borrow from his fellows who had
helped him to go broke. He fixed him
self out with a shave and hot towels,
and turned up in the hotel Office as
spick and span as if he had another
bundle the size of horse collar to
blow in on>his favorite prescription. 1t
was about o'clock at night when he
made his appearance in the hotel office
81 guess I'll see If 1 can't rap a
bank some he said to the hotel clerk
Where's the nearest banky
Well, there's Pack upton's across
the way said the clerk. He runs a
square game. but you don't want to
get tangled up none with Pack or he's
liable to make a lunch off you'
Bad, eh?' said the tenderfoot
'Pizen, said the clerk. Real pizen.
"'Oh. we'll said the tenderfoot may
be he's not so bad and he strolled over
the way to Pack Upton's. He had
never been in there before, and Upton
had never clapped an eye upon him
When he walked in, besides the six
or seven players sitting around the
table at which Upton was dealing
there were half a dozen men ssandins
The San Francisco call., 1906-06-10

torney, and he will have grave duties
to perform in his efforts to attain an
approximation of justice.
So far as the cases on appeal to the
higher courts are concerned, it is be-
lieyed that not one convicted person
can in any way derive advantage from
the fire. Copies of all cases before the
Supreme Court are filed at the Sacra
mento and Los Angeles branches of
the clerks offices, and the destruction
of the Office and its contents in this
city can therefore avail nothing.
Concerning the situation as to crimi-
nal prosecutions, District Attorney
Langdon has the following to say:
AT the adjournment of the several
courts April II, 1906, there were
pending number of criminal cases in
all stages of progress-in the police
courts felony and misdemeanor cases
and in the Superior courts felony cases.
On the morning of the disaster the po-
lice authorities very properly released
from custody all persons held on mis-
demeanor charges, and subsequently,, at
the first convening of the police courts
after the disaster, nearly all of these
misdemeanor cases were dismissed. In
the felony cases pending in the police
courts the complaints and transcripts
of testimony taken have been de-
stroyed but this fact has not caused so
much difficulty as has the inability to
locate the witnesses in these cases
many of whom have undoubtedly left
the city.
I'm these cases, IL all the witnesses
or the material ones can be located, no
difficulty should be experienced, for
even if the status of the case @.nnot
be accurately ascertained, or if for any
reason they cannot be successfully
prosecuted in the police cofrt 1t is
at all times possible to preseIt the fell
ony cases to the Grand July for IN
dictments. which if found would super
sede all proceedings in the police
courts. Where the status of the felony
witnesses located copies of the plead
ings will he filed and the hearings pro-
ceeded with in the same manner as be-
fore the disaster
I'm the Superior Court there were
pending at the time of the disaster
many felony cases, in some of which
the indictments had been found but in
most of which inforilations had been
filed after preliminary hearing in the
police court All of these informations
and indictments have been destroyed
but in nearly all of these cases copies
of the informations and indictments
will be supplied. In these cases as in
the cases pending in the police court
the main difficulty encountered has
been in locating the witnesses
There are. of course some few cases
where it will be impossible TO supply
copies of the indictments and informa-
tions, and some of these cases as well
as those in which the witnesses cannot
be located, Will have to be dismissed;
while in others new preliminary hear
The San Francisco call., 1906-06-10

show in his features, and he had
Clipped at least nine notches in his
slay gun before he struck Durango.
1t was known about, too, that he hadn't
been on the level in his way of killing
several of his victims. and when he
got into Durango and set up his game
he was looked upon by all hands--and
Durango wasn't peopled by trouble
duckers then, either-as man who'd
be liable to take some advantage in a
mix-up.
He wasn't liked, but his game was
on the square, and he had plenty of
play. He did most of the dealing him
self. and he often dealt without the
services OF a lookout. so eagle-eyed
was he in watching every move on the
board
Well. there was hard drinking
young chap struck Durango .from
philadelphia who didn't know any more
about the underlying spirit of West
ern camp than he did about branding
steers, but who had knack of slowing
away champagne at IS quart that
beat anything Durango had ever seen
previous 10 his arrival. What he was
The San Francisco call., 1906-06-10

doing in Durango nobody knew He
probably didn't know himself He had
landed there with about a thousand
dollars. and this sum lasted him fully
three days.
He hadn't gone up against a single
gambling game in, order to get himself
broke so suddenly, but he was a
basket orderer from the uplands and
even thousand doesn't go a great dis
tance when every quart costs sS and
everybody within sound of the order
ers voice is in on the opening. The
fool boy blew all of the hangers on of
durango off to the SO wine till he was
broke. Then Ae went to his hotel and
took a snooze over it. He was a kid
Of about 81 or so, slender, smooth faced.
and boyish looking. and he was rugged
out in tenderfoot raiment that was only
allowed TO get by in Durango because
its wearer was spender.
When the youngster woke up at the
end of his three-day whirl in Durango
he didn't have the price of an eve
opener, much less of one of those bas
kets he had been ordering so profusely.
However, he wasn't exactly the kind Of
The San Francisco call., 1906-06-10
1INERY OF THE LAW, UNDER HEN

they were never heard before in max
ing out the millions of documents anew
In the County Clerks Office alone prac-
tically no records were saved but the
wills, which were stored in a vault
An era of money making awaits the
notary public. Every document made
from memory must be attested, every
paper copied off must be certified; in
fact every record restored must be
sworn to to establish its authenticity.
In cases that were being prepared
for appeal to the Appellate or Supreme
Court the lawyer must knit his brow
over perpleXities. In the many such
actions in process not transcript of
testimony or bill of exceptions or the
amendments proposed or any of the
complicated phases of the record of the
case We're saved from the nav of that
awful conna grafton. The attorneys
must get together and agree on
statement of facts if they can. Nothing
but memory will tell what the status
of the case was before the calamity
Stipulation will be a word dinned into
judicial ears till il is cast out of usage
In many cases witnesses will have
TO be searched out again, depositions
Ia ken, afTidavits prepared and the en-
tire frame of the litigation built anew
in order TO restore the case on the
calendar Patience must be monumen-
tai for the proper righting of things,
for tedious. painstaking labor is re-
quired.
In the criminal courts great difficult
ties will be encountered as Wen. What
will be the result in some of the more
important prosecutions pending re-
mains 10 be seen. The District Attor
ney is not exposing his hand" and
counsel for defendants are likewise
reticent about discussing the status of
case. 1t is said that the destruction
of exhibits and records has sadly
blighted the prospects of George d.
Collins in his technical fight for free
dom in appealing TO higher tribunals.
He stands convicted and without the
records of the prosecution of the
charge of perjury against him he has
no opportunity of finding flaws.
On the other hand the Eppinger
brothers, accused of great frauds in
connection with the issuance of spuri-
Gus warehouse orders for grain. are
said to have benefited greatly in their
case as a result of the disaster. For
them il is claimed that the vital rec
ords for the prosecution have been de-
stroyed and that a case cannot be made
out on what evidence remains in the
hands of the District Attorney. Here
is a difference of opinion, however. for
Assistant District Attorney O'Gara de-
clares that the records in the case that
he happened TO have taken to his home
for perusal and study and were in this
manner saved. are sufficient on which
TO warrant further prosecution.
Many cases will have to be dismissed
however, for the lack of evidence and
inability 10 make a record complete
The stern requirements of the law
must be followed as to persons accused
of crime. and no principles of equity
can be applied TO them. The yielding
must all be done by the District At
The San Francisco call., 1906-06-10

specting women would rather go with
out asking for aid of any kind until
they are half starved and half frozen
than accept the doles of hard hearted
men in high places or the doles of os-
tentation hypocrisy or sham, wherever
or however offered.
More fellow feeling is what the
world most needs; more true sympathy
more determination to promote justice
and right living by being just and liv-
ing right ones self; more readiness to
subordinate ones personal desires in
consideration of the needs of ones
fellows, and of the underlying
causes which occasion those needs.
The San Francisco call., 1906-06-10

Appeal. No difficulty should be en-
countered in these cases. for full rec
ord of each case of appeal has been pre-
served at the Office of the clerk of the
Supreme C Court at Sacramento.
Let me add that at the time of the
disaster the calendars of all the crinli-
nal courts were crowded, and as soon
as the courts convene in regular ses-
sion an immense amount of labor will
devoIve upon the District Attorneys
Office, for not only must all these be
proceeded with, but the entire record
The San Francisco call., 1906-06-10

ings will be had or indictments be
found by the Grand Jury. There are
also q very few cases in which the
principal evidence is documentary.
This evidence having been destroy
ed and 1t being almost impossible to
supply copies, most of these cases can
not be successfully prosecuted, and it
will in all probability be a wise and
economical measure to dismiss them.
In addition to these cases there are a
number of cases on appeal to the Su-
preme Court and the District Court of