The San Francisco call., 1909-05-04
WELCHERS' DEALT
BLOW IN COURT
Contention That Lack OF Water
Caused Fire Knocked Out by
United States Bench

The contention of the welching in
surance companies that in the destruc-
tion of the water mains the earthquake
was indirectly responsible for the fire
that destroyed San Francisco was
buried yesterday. The last nail was
driven into the coffin of the long ex-
posed corpse by the United States cir
cult court of appeals in Affirming the
Judgment of the United States circuit
court in three suits awarded the Pa
ciic Union club against the CONNER
cial Union assurance company. For
the privilege of allowing the deceased
to lay in state so long the insurance
company will pay the Pacific Union
club Z per cent interest on the prln-
eipal for the last three years
IL was the contention of the inSur-
ance company that the earthquake was
the moving cause of the city being de-
stroyed. as the water mains leading to
the city were broken and the water
shut OFF. II was held by District Judge
William c. Van Fleet. in the lower
court, that the water supply was owned
by a third party, and in no way con-
sidered by either party when the con-
tract was entered into between the
Commercial Union assurance company
and the Pacific Union club. 1t was
yers before the court OF appeals that
the earthquake and not the hre was
the proximate cause OF the loss Sus-
tanned. The ruling OF the trial court
against that contention constituted the
sole question presented in the writ OF
error to the higher court.
POINT WITHOUT MERIT
The court stated in affirming the de-
cfsion that the point was without mer-
it, In the Judgment of the court OF
appeal they failed to understand how
a nonexisting supply of water was
either the moving cause Of the fre or
a link in any chain of the moving
causes. There were three Insurance.
suits in all which were based on the
same contention. and the same deci-
sion was given in each case.
Margaret Mcneil lost her appeal to
have a decree OF divorce granted to
her husband. now deceased. set aside
1t was the contention OF the appellant
that the decree had been obtained by
fraud, and that she had been cheated
out of her property rights. The court
found that she had not commenced ac-
tion within the time stated by law
The McNeils lived in Santa Cruz. and
the original trial Of the case attracted
wide interest. Attorney Matt sullivan
appearing for the divorced woman
ONE APPEAL DISMISSED
In the case of S. r. Price. who ap-
pealed from the Judgment of the Unit
ed States court for China, in suit
instituted by the United States govern
ment. the appeal was dismissed by the
higher court
In the appeal of William Dwyer OF
Idaho, convicted of sub0rnation of per-
jury in proving up on timber lands.
the judgment OF the lower court was
reversed and a new trial granted. There
were six counts to the indictment. As
the Judgment of the lower court dealt
with all six counts, the court of ap-
peals could not segregate those In
which the mistake occurred. these be-
ing the last three These counts
charged Dwyer with swearing falsely
before the land Office In the final set
tlement Of the application, and where.
according to the higher court. an oath
is not necessary or provided for by the
United States government