REV. DONALD M.ROSS SCORES W. W. FOOTE.Says the Eminent Lawyer

Is Prejudiced Againstthe A. P. A.

aUITZOW WILLNOT ACT.

Major E. A.Sherman of OaklandIs Named as His Suc-

cessor.

THE ARCHBISHOP'S RETREAT.

The Champion of the A.P. A. Says HeWould Not Debate a Cer-

tain Issue.

H. W. Quitzow will not act as umpire in

the matter of the controversy Detween theRev. Father Yorke and the Rev. DonaldM.Ross.

Instead Rev. Mr. Ross has named MajorE. A. Sherman of Oakland to representhim. The former says that Attorney W.W. Foote, the selection of Father Yorke,is prejudiced against the American Pro-tective Association. Here is his letter onthe subject:

Sax Francisco, Dec. 13,1895.Editor Call—Sib.: Iassure you Iregret to

rush into print again ina skirmish which ac-cording to the terms of the challenee ougntnow to be settled. Peter C. Yorke came beforethe country raying with apparent liberalityand magnanimity that he would leave the de-cision to three non-Catholic lawyers. Iknewthat was claptrap, thrown out to win somefew to his side. Itherefore chose a non-Catho-lic lawyer, and immediately the hoofs andhorns appeared. Let us see why my non-Catholic lawyer is not acceptable to him whosaid non-Cathoiic lawyers would do. "Mr.Quitzow is biased" because he belongs to theAmerican Protective Association. But let meask what has the American Protective Associa-tion to do withmy proofs that Romanism isapolitical machine?It1b noi the American Protective Association

that Ison trial in this matter. The whole dis-pute is over the production of proofs to sub-stantiate certain charges made against theSoman Catholic church.

These RTe forthcoming or they are not.Besides all this, Iam told by several who at-

tended a political meeting in AietrqpolitanTemple just previous to the last election thatW. \V. Foote made a fine speech in which,among many other patriotic and eoul-stirring nights of oratory, he said thatduring the Civil War he was fightingagainst the Government of the UnitedStates and got wounded; that while hewas off duty and in a hospital the Sisters ofCharity took such good care ofhim that he justfellin love with the whole outfit. Then turn-ingaside inhis oration, he said he had no usefor the A. P. A., and proceeded to lay thatorganization out inCorbett shape, to the de-lightof his one-sided audience.Iknew that bias in him,but had not a word

or thought against his appointment, for bewould be as fair as any Imight expect.Itwas none of my business whom Peter C.

Yorke chose, and Isubmit that it is none ofW. \V.Foote's business whom Iselect so longas he is as much a gentleman as Mr.Foote.

Mr. Foote's action in this matter is quitesimilar to Mr.Yorke's when that gentlemanchallenged mfc and then laid down the dictumthat Ishould not have the privilegeof choos-ingthe time, the place or the manner of pre-senting myproofs.

Gentlemen, stop this kicking and balking.You remind me of the hasty retreat Arch-bishop Kiordan once beat when a party calledon him to debate a certain proposition.

Inorder that there be no coal hole in thisdebate, Mr.Quitzow and Ihave decided, afterconsultation, to remove his name from the ar-bitration.Inow name as mylast and final choice a

gentleman as honored as his name is historic,Major E. A.Sherman. AndIwish itdistinctlyunderstood that iwillunder no condition re-cede an inch from this choice. Ishall go onwithmy proofs. Youis truly.

Donald M. Ross.

DONALD M. ROSS.[From a photograph.] *

IN MEMORY OF THURMAN.The Iroquois Club Orders Memorial

Services and an Election.The Iroquois Club last evening decided

to have a memorial service inhonor of thelate Allen G. Thurman, and on motion ofMax Popper a committee of fifteen was ap-pointed on the rSatter.

Further discussion of the charter waspostponed until the second Friday inJanuary.

The presidential candidates at the an-nual election on the last Friday of thismonth were announced. As stated in TheCall, James J. Fiynn will be a candidatefor re-election, supported by the Buckleycontingent, while the anti-iiuckleyites inthe club willvote for Charles Giluea, nowthe second vice-president.

GEMS IN STAMPS.The Demand in Europe Draining the

American Markets of Scarce UnusedGerman and British Colonials.

W. Sell9chopp. a local ptamp collector,has just returned from a six months' tripto the center of Europe, including themetropolis of the world, and relates somepeculiar experiences relative to the vaststamp trade that has been born out of thefad of collecting postal labels.

While inGermany he attended the greatannual convention of the stamp collectorsof that nation., which was held this year atMannheim. The objects of thiß gatheringwere to give collectors the opportunity of

exchanging views and information regard-ing the market conditions of stamps andother matters pertaining to the hobby,and a considerable amount of businesswas transacted between the dealers andcollectors who attended.

During the last season not less than2.000.000 marks ($500,000) worth of stampschanged hands.

Mr. Sellsihopp visited all the largest :

stamp emporiums in Europe, taking inBerlin, Pari«, Brussels, Leipzig and London-in his efforts to h'li commissions intrusted Ito him by Henry J. Crocker, Will H. !Crocker and other prominent and ad- !vanced collectors of this City. The fineststock of varieties he found at Leipzig. ;

There the rarer classes of stamps, whichrange from $10 to$50 each, were found bythe dozen, ami even by the scoro, and ailselected specimens, such as would bringthe highest market price.

A striking feature of the European tradeis the independance with which dealersthere treat customers. No urgin :is everresorted to illthe endeavor to effect a sale,particularly of rarities, as the demandbus grown so strong for all the betterstamps that the sales of rarities that fallinto dealers' hands is made withouttrouble. And the very rarest and highest Ipriced stamps find the quickest sale. Forchoice specimens the holder can virtuallynam his own price.

In this connection Mr. Sellschopp calledattention to a peculiar condition of things ,

in the stamp history of the day. Whileabroad he became cognizant of an outflowof philatelic gems from the United statesto Europe. He explained that the Ameri-cans evidently did not realize the possi-bilities of the market and the great appre-ciation that was bound to follow the extra-ordinary demand for unused old Germanand British colonial stamps. Itwas theseclasses of stamps thut were being drainedfrom this country to rind quick sale at ad-vanced prices in the philatelic centers ofEurope.

He added that the American dealers and,collectors willsome day wake up to a reali-zation of their mistake, and then be gladto repurchase these gems at figures thatwould now be deemed fabulous or extor-tionate.

LISTENED TO LE CONTEPhilosophy and. Physiology Be-

fore the Psychical So-ciety.

The Relation of Two Sciences Set'i

Forth :in MetaphysicalPhraseology.

Professor JoseDh Le Conte lectured lastevening before the California PsychicalSociety inGolden Gate Hall, taking as hissubject "The Relation of Philosophy toPhysiology." The lecture included pre-cisely the subject-matter of & paper pre-pared three years ago for delivery before aphilosophical society inWashington, andthe lecturer thought proper to apologizefor selecting such a difficultsubject, thouglipromising to make it as clear as such asubject can be made.

The speaker began his discourse by care-fully distinguishing between the varioususes of the word philosophy, as meaningin one sense the attitude of the mindtoward truth, and in another the subject-matter of truth, and ina third the groundsof validity of human knowledge. In thesense he used the word ittreated of the ac-tivities of free spirit or the phenomenologyof spirit, as that term is used by certainphilosophers. He said:Ifmy view of the origin of man's spirit-

that it was existing in embryo in the loweranimals, developing by evolution until it be-came the spirit born in man and thereforeimmortal—if this be true there is a vast dis-tinction to be made between philosophy andphysiology, and a most important one.

11is the fashion to-day to minimize the dis-tinction between man and the animals,thus confounding physiology, psychologyand philosophy. But That such a distinctionexists and that itis an important one is evi-dent from the recognized difference betweenthe senseless articulation of the parrot and thespeech of man, between the empirical produc-tions of animals, reproducing the nests andhabitations oi a long line of ancestors, and thecreations of the human race. And this differ-ence may readily be irßced through the finearts and the realms of thought, between con-sciousness and self-consciousness, betweenvolition and self-determinauon. And allthese are explained by my view of the originof spirit by evolution through the loweranimals tillborn into tde higher life.

The lecturer distinguished sharply be-tween the apparently voluntary actionsof animals and the self-determined actionsof man. The animal was affected by ex-ternal forces, and its action was the result

of physical changes in the nerves, braincells and so forth, caused by that force.He granted to the animal a psychic na-ture, but claimed for man somethingmore

—a metapiiysic or philosophical na-

ture. The phenomena of life force be-longed to the science of physiology, thoseof nerve or vital force to psychology, andthose of self-consciousness to philosophy.But psychology partook both of physiologyand philosophy, and the line of demarca-tion must be drawn sharply between thevoluntary physical actions and the moralactions of which man alone is capable.

The lecturer illustrated nis meaning byreferring to the old distinctions which weremade between inor&ranicand organic chem-istry and between them and life. Inorganicchemistry had broken down the first bar-riers and miirht now be said to include theorganic, but it must stop short of physi-ology, inasmuch as it could not claim liv-

iner matter in its realm, though it couldinclude all dead matter.

So though physiology might include somuch of psychology as" to include the ani-mal t>oul, itmust stop short of philosophy,the science of the human soul. In otherwords, it might include the spiritdormant,but could not include the spirit awakened.This physiology was destined to absorbpsycholo y. but philosophy never. Thereis a comparative physiology and a compar-ative psychology, but there never would bea comparative philosophy.

But all this was explainable by evolu-tion. At first there were only naturalforces. Suddenly chemical forces ap-peared, being a different kind of force, butderived from the preceding. Thus, too,life appeared, then vital force, then con-sciousness and, last of all, in trie full ripe-ness of time, self-cor.sciousnees and thefree spirit. But all are derived from thepreceding, even as the new-born child hasonly animal life, but at two or three yearsof age acquires self-consciousness, whichis equivalent to the trutiiof a spirit. Evenso each science is underlaid by the other—physics, chemistry, pnysioJogy, psychol-ogy, philosophy.

And ifthis be true Descartes and Hux-ley were riirht. Descartes, indeed, ex-cluded man from his automatism and inthis, Ithink, he was right. Huxley in-cluded man, and there he was wrong.Science and art result from tiie free spiritacting on external materials; philosophyfrom the spirit acting on materials fur-nished by itself; ethics and religion fromthe spirit acting upon both. Evolutionand progress, therefore, are not made byexploding old views, but by modifyingthem, and the best test of a rationalphilosophy is that it reconciles apparentcontradictions by explaining the relationsof their superficial differences.

YOUNGAGAINST BABCOCKControversy Over the School

Superintendency UnderArgument.

San Francisco's Dual GovernmentAgain the Subject of Judicial

Inquiry.

The controversy between Charles H.Young an<l Madison Babcock. as to whichone shall hold tne office of Superintendentof Public Schools, was argued before JudgeTroutt yesterday. C. W. Cross, M. M.Estee and James Alva Watt appeared forthe plaintiff and J udge Van R. Patersonand R. W. Ashe represented the defend-ant. Ttie case was before the court onBabcocks demurrer to Young's complaint.

Judge Paterson opened the argument.In1 is remarks he attacked the validity ofthe county government act as applied toSan Franc sco and proceeded to point outthe absuidities in itwhen reaa incompari-son with local conditions. The countygovernment act demands that each county

be divided into fiveSupervisorial districts;that only certain cities shall be made thecounty seats, and also just how the countyseat can be moved. It provides for roadmasters and road taxes, but ithas no men-tion of a Superintendent of Streets or aMayor. The burden of his argument wasprecisely the same as that advanced in theelectric commission case against the pres-ent formation of that body, viz.: that SanFrancisco being a city ancl county, a dualgovernment did not come under provisionswhich relate to counties pure and simple.It was contended by counsel for the

|plaintiff, Young, that for purposes of gov-;ernment San Francisco was to be consid-ieretl as a county, and that the county gov-| ernment act, being a measure to secure aIuniform county government throughouti the State, was applicable in the City and;County of San Francisco wherever it didInot conflict with existing circumstances.} The Superintendent of Schools, it wasIargued, was a county officer, the office be-iing created by the constitution for all|counties. Inview of this, counsel main-jtamed, the officer was governed by countyiJaws, or by the county government act,:and as there was nothing in the govern-imental system of this City rendering hisjappointment by the Supervisors impossi-|ble, the county government act thereforeobtained and in this part cular itrepealedthe consolidation act, which directed sucha vacancy as Superintendent of Schools tobe appointed by the Board of Education.

Judge Paterson had argued that lawscould not be repealed by implication, butmust be dealt with in specific terms, butplaintiff's counsel argued that it could bedone by such implication as had beenmentioned— that the later act appliedwhen not conflicting.

The case was submitted after the argu-ments.

STRENGTHENING THEIR CATJSE.The Carpenters and Joiners Favor the

Consolidation of Uniong.

At a meeting of the Carpenters' andJoiners' Union held last evening the dele-gates elected to the district union wereinstructed to advocate the consolidation ofthe various unions whose members areengaged in the building trades.

The object of this movement is to se-cure better protection for all the membersof the several unions.

After a spirited contest the union electedthe followingofficers for the ensuing year:President, P. H. McCarthy; financial sec-retary. N. L. Wandell; recording secre-tary, C. Anderson.

The San Francisco Labor Council hadunder discussion at its meeting last nightthe question of boycotting the dealers whosold cigars brought into this City from afactory inDetroit where women and chil-dren are employed at low wages.

Aperiod of fourteen days was given theoffending firms in which to either discon-tinue the importation or be placed undera boycott.

THE NEW FERRY DEPOT.Contract* Will Not Be let Until Next

Monday Morning.The Harbor Commissioners are stillpuz-

zling over the bids for the new ferrydepot.They do not know whether to"reject thebias for the masonry and retain all theothers or not, and have consequently post-poned the matter until Monday morninein order to get the opinion of the board'sattorney on the matter. The chances arethat before the Commissioners decideupon any one stone that they willvisit thevarious quarries and ascertain their out-put and the general appearance of therock. .

A representative of the Risdon IronWorks was in attendance and asked thatthe contract for the ironwork be let.Chief Engineer Howard Holmes was infavor of granting the request, on thegrounds that a great deal of the ironwork

have to be in-place before themasonry-work could begin. PresidentColnon was not sure that such a proceed-ing would be legal ?nd refused to let anyof the contracts until the matter was de-cided by the board's attorney. Thechances are that a tinal decision willbereached in the matter next Mondaymorning.

Asuit of Jaros Hygienic Underwear worthabarrel of cures. Morgan Bros., 229 Montg. St.*

Did Not Wed the Family.Ida L.Tanbox has been allowed $20 a month

alimony pending her suit for maintenanceagainst Benjamin L. Tadbox. She claims Tad-Lox deserted her, and he answers her chargeby offering to furnish a house for her and sup-port her, provided she doesn't bring herparents withher.

Inproportion to the population there aremore theaters in Italy than in any othercountry.

Officedraughts don't bothei wearer of JarosHygienic Underwear. He is protected fromclimatic changes. Morgan Bros.,229 Montg. sU*

PATERSON IS GUARDIAN.Judge Slack Denies Herman Oelrichs'

Petition for the Care of His Son'sInterests.

Judge Slack has refused the petition ofHerman Oelrichs to be appointed guardianof his son, and allowed the boy to remainunder the guardianship of Judge Van R.Paterson.

Wlien the Fair case originally opened,with the stolen will offered for probate,ypnag Oelrichs was made heir to hismother's one-third of the estate, she to'have a life interest in the property, and heto have absolute control at her death.This method of disposing of the property,one-third to each of his children, did notplease the direct heirs and there weresigns of a contest, in which as husband ofone of Fairs daughters Oelrichs might be

interested, Judge Slack appointed Van R.Paterson as the child's guardian.

Subsequently the pencil will was sub-mitted for probate, and then HermanOelrichs applied for the guardianship ofhis son, alleging he was bis natural pro-tector. The child is not mentioned, how-ever, in the pencil will, the one Oelric s ismost interested in seemg probat d, and so,should Oelrichs be appointed his son'sguardian ne would not be interested incaring for his ward's legal rights. Inview of these facts Judge Slack has de-nied the application of Oelrichs and de-cided to allow the boy's interests underthe will to rest in Patterson's hands.

Oelrichs had obtained a general guar-dianship over his son, and the point justdecided was raised by his application fora guardianship.

The decision means that young Oelrichswillbe arrayed against his parents in anycontest of the stolen will or in any offersof compromise.

WANT TOGO TO CONGRESSFine Galaxy of Republican As-

pirants in the Fifth Dis-trict.

John T. Dare, Frank Powers and M.Cooney Willing to Succeed

Eugene Loud.

The number of Republicans willingtorepresent the Fifth District in the nextCongress is steadily increasing. Thelatest addition to the list of aspirants forCongressional honors is Frank H. Powers,who represented the Fort3r-first AssemblyDistrict in the last Legislature. He is inthe field working actively to influencepiospective delegates in favor of his nomi-nation.

Another candidate, no less renownedand respected, is Judge M. Cooney, whoserved his party in the last campaign as amember of the executive committee of theRepublican State Central Committee, andsubsequently gained some publicity forthe course he pursued in opposing theconfirmation of Samuel Foster as ElectionCommissioner.

John T. Dare is accredited with Con-gressional aspirations, and his friendsclaim that he has a remarkably strong fol-lowing in the district where he has so longresided.

Many politicians have been inquiringthe cause of James Low's frequent visitsto San Francisco of late. In the Legis-lature of the first session of GovernorMarkham's administration Low of SantaClara and H. C. Dibble of San Franciscopulled together. Judge Dibble cut oot theFifthCongressional District, to suit him-self, but inso doing had to concentrate avast number of Democrats in the FourthDistrict. Dibble has since failed to get anomination in the district which was madeso solidly Republican. It has been sug-gested that Mr.Low's frequent visits arein the interest of Judge Dibble.

Representative Loud has nointention,as far as can be ascertained, of retiringfrom the held. He has many friends inthe district who favor him for anotherterm, and besides he has the friendship ofSpeaker Reed, which is regarded as astrong point in any Republican district.

The intention of W. S. Leake to resignthe position of Postmaster at Sacramentoto accept a larger salary in San Franciscois causing Senator Stephen M. White noend of trouble at Washington. The ap-plicants for the expected vacancy arelegion. Last evening the Senator tele-graphed to Postmaster Leake to ascertainif the latter had resigned. Mr. Leakewired a negative reply, but gave assurancethat the Senator would be firstinformedof the resignation when it was ready.

Jaros Hygienic Underwear the one under-wear that is comfortable; absorbs moisture:keeps folks well. Morgan Bros., 229 Montg. St.*

Snicide of a Confectioner.W. S. Krutzman, a confectioner of 416 De-

visadero street, was found asphyxiated yester-day morning inhis bed. He had intimated toa friend previously that he contemplated sui-cide. On Thursday he was very despondent,aud when he went to bed he turned on the gas.He was a native of Denmark, a widower, aud65 years of age.

Mark Hopkins Institute of Art.This is the last opportunity to see Murillo's

famous paintings, "St. Francois d'Assisi" and"Ht. Gregoire." The exhibitiou willclose thisevening at 10 o'clock. *

THE PANAMA RATE WARA Compromise Between the Mail

Company and RailroadProbable.

ANOTHER STEAMER CHARTERED

Spreckels' Zealandia Goes on the Routefor the Pacific MailNext

Week.

The Oceanic Steamship Company'ssteamer Zealandia has been charted bythe Pacific Mail Company, and on the 18thinst. she will sail for Panama via CentralAmerican ports. For nearly five yearsthe stout vessel has been lying at heranchor waiting for trade to pick up inorder to be put into commission. For atime she lay off Sausalito and then wasmoved to Benicia, where she has beenever since.

When trade between the Colonies andSan Francisco was brisk the Zealandiawas one of the vessels that formed the

fleet. Caotain yon Oterendorf was then incommand and he stayed by the ship untilCaptain \u25a0 Morse's resignation from theAlameda made it necessary to call himintoactive service again.

At various times rumors to the effectthat the Zealandia was going into com-mission were circulated. They were allwithout foundation, however, but on thisoccasion tbe big steamer has come out ofthe mud for pood. The tugs Fearless andActive towed her down yesterday after-noon, and she was placed on the UnionIron Works drydock. While there shewill be cleaned and receive a thoroughoverhauling in order to be ready to sail onthe 18th inst. The Acapulco was sched-uled to sail on that date, but she willnowbe placed on tbe drydock for extensive re-pairs and alterations.

Allkinds of speculations as to the causeof the charter of the Zealandia are rifealong the front. The following telegramfrom New York seems to throw some lighton the subject:

NEW YORK, X.V., Dec. 13.—1t has been ex-pected in the street for several days that aformal agreement between the Pacific Mailsteamship line and the Panama Railroadwould be definitelyconcluded at any moment.Such reports are again current to-day. Presi-dent J. Kdward Simmons of the Panama Rail-way made the following statement this after-noon:

"The contract has not been signed. Thedirectors of the Panama Railroad met yester-day and authorized me to sign an agreementwhen the Pacific Mail people were ready tosign. 1expect everything willbe settled earlynext week, or as soon as the directors of thePacific Mail steamship line authorize Mr.lluntingtonto sign."

Agent Center of the Pacific Mail andGeneral Agent Hinton of the PanamaRailroad profess to have no knowledge ofany agreement. "We were short of asteamer," said Mr. Center, "and the Zea-landia being the only one available wechartered her. Just how long she willremain on the Panama route Idon'tknow."

The Panama Railway Company has beenfighting the Pacific Mail for over twoyears. At present it is running thesteamers Washtenaw, Progreso and Cityof Everett. The Progreso is on her wayfrom Panama, the Washtenaw, now Inport,is to sail on the 17th inst., and the City ofEverett left with a very light freight overa week ago. The railroad company haslost money right along on the fight, owingto the fact that it could not enter into theway-port trade. When Itattempted to dothat an injunction was granted by theNew York courts, and since t at time theonly traffic its steamers have handled hasbeen that between New York and SanFrancisco. White it lost thiß traffic theMail company still had all the CentralAmerican states to draw upon, and inconsequence its losses have not been sovery heavy.

The Zeaiandia is a better carrier and hasfar and away better cabin accommodationsthan any of the MailCompany's steamersnow on the route. She is nearly twice thesize of the Acapulco and will take away1713 tons of freight. The Aztec, which isscheduled to sail a day after theZealandia, will probably be withdrawnfor a time as the big steamerwill be able to take all the cargooffering. She is to stop at every way portbetween San Francisco and Panama and abig crowd of passengers are booked to sailon her.

The Zealandiais under the Hawaiian flagand was built by J. Elder &Co. of Glasgow.She is 377 feet feet long, 37 feet broad and18 feet 6 mc! es deep, ringed as a four-masted steamer and is classed 100 AlatLloyds.

THE OCEANIC STEAMSHIP COMPANY'S STEAMER ZKALANDIA AS SHE APPEARED THE LAST IXM£ SUE DOCKEDAT FOLSOM -STREET WHARF.

FOOTBALL FOR CHARITY.Poor Women and Children to Benefit

by To-I)ay'» Game BetweenOlympic and Reliance.

The football game at Central Park thisafternoon between the teams of theOlympic and Reliance Athletic clubs givespromise of being one of the most interest-ing exhibitions of the football season. Thetwo teams are in the pink of condition,and having had the benefit of the experi-ence gained in an unusually large numberof match irames during their meetingswith the collegiate teams and their visitsto the North are expected to put up the

Ibest game ever played by the twoteams,for in those games the kickers of tbe twoathletic clubs met all the best men knownto the gridiroiron the Pacific Coast.

The lact that the total receipts are to gojto the poor of the City has given the game!an interest for people who never took any| interest in football before, a fact which

will doubtless do much to benefit the gameitself with the public.

In consideration of the worthy objectand the prospect forunusually brilliant

jplaying the crowd is expect to be as largeIas that which witnessed the Btrkeley-lStanford game on Thanksgiving day.

THEIR FIGHT GROWS HOTAttorney T C. Spelling and Gen-

eral Sheehan Accused ofFalsehood.

THE TRUST COMPANY A BANK

Interesting Development of the Jug-glery Over People's Home

Bank Deposits.

The statement made by Attorney CarlSpelling to the People's Home Bank de-positors Thursday afternoon to the effect

| that the California Safe Deposit and Trust'Company was not a banking institutionwas brand d yesterday by the trust com-pany's attorneys as false inevery particu-lar. Indeed, nearly every utterance of

;Spelling's reflecting upon the trust com-;pany was declared to be false, and Muna-Iper E. F. Sheehan of the People's Home

Bank was also accused of falsehood. Al-imost the lie was passed direct.

Spelling reiterated his statements, and

Ifurther hinted that he was not done withIfuiler details of the question. Mr.Bart-jnett said:

We are preparing a formal reply to the di-rectors of the People's Home Bank. The trustcompany represents 2600 depositors of thePeople's Home Bank, auritregatinp deposits of$720,000. Mr.Kpellingr's statement that it Isnot a banking corporation and has no right totake these assignments is false. The Calfor-nia, Safe Deposit and Trust Company is a bank-insr corporation. Here is a certificate of theBank Commissioners of California, showing itis dulyauthorized to transact a general Dank-ingbusiness:

Board oir Bank Commissioners, ">State of California. J

Know all men by these presents: That the Cali-fornia Pale Deposit ami Trust Company has paidits pro-raia assessment, accon! inn to section 16 of'•An act cri aiingaBoard of Bank Commissionersand prescribing their duties and powers.'' ap-proved March 30. 1878, and the acts amendatorythereof.

Now, therefore, a license is hereby granted untoI the said corporation to transact a banking busi-

ness, subject to the laws of this Mate, for theperiod of one year from the f!ate hereof.In witness whereof, we have hereunto set our

hands at the City of San Francisco this first day ofJuly, A. D 1895.

J. B.Fuller. \u25a0)Paris Kilbcbn, V Commissioners.A. W. Maoee, ;

Attest: C. H.Dun'Smoor, Secretary.

The trust company is engaged in that busi-ness and has been for over thirteen years.Spelling's statement that it was incorporatedin1892 is false. We are incorporated'to do abanking business as well as a trust company. Alaw was passed April6,1891, at the suggestionof this company, governing trust companies,and on April 30 of that year this corporationcomplied with all the law's provisions inde-positing with the Secretary of State securitiesto the amount of 5200.00-0, which has sincebeen increased to jj-500,000.

Spelling further states that the trust com-pany is operating in these assigned depositsand has no power to do so. That is false, torthe compauy has never purchased a singleclaim in the sense of speculating. We havetaken these claims for collection, and theamounts collected are paid to depositors, less Gper cent. We have advised depositors not tosell their claims, believing they can realizemore from them by waiting.

Mr. Bartnett gave an interesting bit ofthe People's Home history. From June22, 1893, to January 14, 1895," the expenseswere $203,933 21, of which $101,622 20 wasfor "attorney's fees." Expenses havesince been reduced

—that is, since the

trust company took hold —to $300 amonth. The salaries of the manager andassistant, by advice of the Bank Commis-sioners, are to be reduced $75 a month. Hecontinued :

Mr.Spelling stated that the trust companydismissed the Winterburn suit to call in un-paid capital stock, because itdid not wish toput inissue the question ofpassbooks. This isfalse.

A word about Spelling. He was accused bythe depositors of having Brought a collusivesuit against the Pacific Home Bank with theobject in view of assisting General Sheehan tosustain his receivership. For this he received$500 from the bank's funds forservices in ad-vising withJame3 Alvi.Watt, the bank's attor-ney, and for services tobe thereafter rendered.Spellingsought to have the trust company in-tervene in the action brought by him againstthe bank, and frequently called upon us withthat onject in view.

We refused to intervene inthat suit becausewe did not think it was properiy brought, andbecause we were indoubts as to his motives,although there were certain matters set forthinhis complaint which we believe should bejudiciallydetermined.

The statement has been made by GeneralSheehan that the trust company has opposeda dividend of $50,000 money on hand. Thisis false. The trust company has never takensuch a stand. The money is on deposit, sub-ject to the order of the directors of the Peo-ple's Home Bank. Adividend of 4 per cent orthereabouts could be made. Ifproper judg-ment had been exercised money would havebeen received by the bank for the Pacific Bankproperty, and before this a substantial divi-dend, aggregating 12 per cent, would havebeen declared. The manager of the bank isre-sponsible, in our opinion, for the complica-tions that have arisen respecting the sale ofthe Pacific Bank property.

T. Carl Spelling stood by his state-ments, however, and quite firmly at that.He said:Ifthe communication sent by me to the di-

irectors of the People's^ Home Savings Bankr were published no reply from me \u25a0 to . the '.tare!ment of the attorneys ox the California &a«|Deposit and Trust Company would be ;neces-

Saft'iseasy tosay that a proposition of law isfalse and that the facts are not so and 5.0, mat1; hv did they not test the legal proposition In-

volved inthe Winterburn case where a great

deal of money was spent by the trust: com-pany to print a voluminous complaint andserve it on several hundred persona? That v. asan action in which the trust company soughtto subject the unpaid capital to;the paymentofits alleged claim to the exclusion of allotherdepositors. The complaint was sworn toby

an officer of the combination :and signed by

its attorney. \u25a0 '.'

\u25a0'

'\u0084;.:Among its allegations was one that meclaims "have been assigned to plaintiff forvalue." and the assignments were set out andpurported to be • outright assignment! forvalue- -Moreover, in their annual statementto the Bank Commissioners for 1895 thesepassbooks are listed as assets at their par valueand go to make up, among other questionableitems, the amount ofassets required by law to

authorize it to do business even as a trust com-

Itis trueIwas paid aDOut one year ago §°OOfor services as counsel to the directors of tne

People's Home Savings Bank, for whichIrea-ch rt-d good service, all of which the books oftlio corporation and vouchers show. Thencame ihe Winterbnrn case, in whichIshowed

!on ehall ol my client that the trust companyhad no standing in any court on the pass-books, whether it claimed title as a trust com-pany or a bank, or a.s both, the latter claim be-ine a legal absurdity under nxulaw.It lias not brought a single action since

that one based npon the passbooks, and don tdare brine: one. though its attorneys promisedat public meetings of depositors to not onlysue for unpaid capital, rat to compel an ac-counting from various persons and to raise thedevil generally.Itis true that before the question of tittle to the

passbooks held by tlem was examined Iaskedthemto intervene in the Goldman case, but notsince. With respect to my motives for bring-ing that suit, which a committee of depositorshired by the trust company's attorneys ques-tioned,"and with respect" to the questionwhether it was properly brought,Ionly havetosay that iftheir claims on these points werecorrect whydid they not bring a new suit ?

The answer is that they div not dare to be-cause itwould at oi:ce put in issue their titleto these passbooks and their right to do busi-ness as a bank. It is significant that nothingwas said about my relation as counsel untilalter 1put the trust company's attorneys outof court In th»> Winterburn case.

Now as to the question ol the legal status ofthe trust company it is true that it has alicense from the Hank Commissioners, but thedictum of that commission falls far short ofbeing the law of the State.

No attempt is made to answer my proposi-tion thai the directors have no right to loanout the assets of the People's Home SavingsBank, and that not even a legitimate bank canreceive them except on special deposit. Allpersois are chargeable with notice that these .are trust funds and that they cannot be usedexcept to pay dividends

—that they cannot be

invested alter having been converted intomoney inthe process of liquidation.

Unless these funds are restored this ques-tion willbe tested in the courts, as was thatof the power of the trust company to acquiretbe passbooks.

The date of incorporation of the trust com-pany is entirely immaterial; but, since mystatement is put in issue, Iwill say that itfiled new articles on April12, 18S>ii, and cameunder the act of 1891, placing trust companiesunder the jurisdiction of the Bank Commis-sioners. Every lawyer in the City,unless itbe the attorneys of the California Safe Depositand Trust Company, knows that the lifeof thecorporation dates from the tilingof its newarticles.

Jaros Hygienic Underwear for ladies, forgen-tlemen, for children, for all places, all theyear. Morgan Broiheis, 229 Montg. St.

•AARON BARNES' SUIT.

The Supreme Court Dismisses His CaseAgainst His Wife.

The case of Aaron Barnes Sr. againstJesse Burk Barnes for a reconveyance ofproperty and $20,000 damages has beendecided by the Supreme Court, as itwasby the lower court, in favor of the defend-ant.

Barnes conveyed to the defendant, tindera contract to marry him and "live withhim through life"the property which hewishes to have back again. The convey-

I ance was made July 18, 18S5, and the nextday the defendant and himself were mar-ried. They lived together until August,1892, when tbe defendant deserted thepiaintiff,and he brought suit forhis prop-erty and damages.

Barnes alleged the perfectly evidentproposition that she had not livegl with,

him through his or her life,or any life,but the lower court held that by marry-ing the plaintiff «he had performed herpart of the contract.

In sustaining this view of the case theSupreme Court goes further, and says thatthe agreement to lire together throughlifeis part 01 the marriage contract, undereven ordinary circumstances, and themarriage contract is sometimes broken inspiie oi this provision. In continuing uponanother point raised in the case, the highcourt shows a touch of humanity withinthe strict rules of the law. "When a manmarries a woman knowing her to be notvirtuous," it says, ,"ne forfeits his right toallege that fact as an avenue of escapeIrorn the ties with which he has boundhimself, and it is presumed that whentaking a wife, a man willsatisfy himself asto her character before leading her to thealtar." This, the Supreme Court says, isone of the modes of salvation to one whohas not always been as she should, andthe fact that he had consented to forgetthe past, gives no man the right to rakeover its ashes for cause of complaint andas a means of freedom.

16

THE SAN FRANCISCO CALL, SATURDAY, DECEMBER, 14, 1895.

NEW TO-DAY.

IIinAfDRDAYMf"SHERMAN, '

CLAY & Cfl.'SMusic Store and Piano

WareroomsWILLOPEN and remain openEvery Evening untilChristmas.. ';"Kegina" American Music-Boxes, Fine Guitars, Mandolinsand all other Stringed Instru-ments.

Steinway, Weber, Gabler,Emerson and many other leading

PIANOSMost Appropriate Holiday Gifts.

\u25a0MAN, CLAY & CO.,Cor. Kearny and Sutter Sts.

"CHEERj : '*- •zzuzumzzizzziziziziiizzzizzi

mi:

For the "Inner Man" is allricht,of course,but the Holiday time willseem the brighterif;you remember his needs of:apparel.Standard Dress Shirts forma most accept-able, useful and inexpensive present.

Just ask your dealer; you V|S^can;find.them anywhere. ; trade

1

This trade-mark on every I-^y "gj ione. , Look for it.\u25a0': . { I\.jD.

I MARK.'

NEUSTADTER BROS., \ lfjj [fil i: :Mfrs.,S.F^

\u25a0 VlylV'- V^\u25a0."'""\u25a0.- '\u25a0' '•-*

\u25a0*-

NEW TO-DAT.

Foot TroublesYou may now avoid them."Foot Comfort," a booklet,tells you how. Write for it,and wear Goodyear Weltshoes. Allkinds are made—

all dealers sell them.Goodyear Welt* are leather ihoei, not rubber. 4f

GOODYEAR SHOE MACH'Y CO.. BOSTON.