1910

A DEATH IN THE FAMILY

Jeff Elliott Leave a comment

Looking back on it, James Wyatt Oates probably recognized the end of his world began that Christmas night in 1909, when his mother-in-law missed a step and fell. She would soon die as a result, and a few months later his beloved brother was gone. Next his wife’s heart began to falter, leaving her a semi-invalid. By the time five Christmases had passed since the accident, Wyatt found himself with no family at all, except for a nephew in Alabama he didn’t much like.

Until the accident, 1909 had been an uneventful year for Wyatt and Mattie Oates, marked only by his boyish enthusiasm for all things related to automobiles. There were no grand parties at the home that would become known as Comstock House, no anticipated trips away to visit friends in San Francisco or Southern California. When they were mentioned in the papers it was for a small dinner party or family outing, and it was almost always noted they were accompanied by her 75 year-old mother, Mrs. M. S. Solomon.

Maria S. Solomon had been a widow for 46 years and apparently had resided always with Mattie, her only living child. No photos survive and nothing personal is known about her except that she was very well liked. Both Santa Rosa newspapers gave her accident, fading condition and death the sort of coverage one would expect for a civic leader. In her honor the Saturday Afternoon Club canceled a meeting even though she was not a member. The Fork Club likewise postponed a get-together and when the card sharks of the Fork Club pass up a chance to win mismatched cutlery, you must be someone really special.

We know more about her husband, who died in 1863 when daughter Mattie was six. Perrin L. Solomon was a soldier at the very end of the Mexican-American War, serving as a Major in the Third Regiment of Tennessee Volunteers. They were in Mexico for six months and saw no combat. After that he joined the multitudes headed for the California Gold Rush, where he found a new career in law enforcement, taking in 1851 the role of marshal in a “people’s court” vigilante murder trial. A couple of years later, he was the sheriff of Tuolumne County.

Perrin was described as “quiet, low-voiced man of easy and even elegant manners, whose coolness, tact, and desperate courage had proved equal to every emergency, and who had made several hairbreadth escapes” in a 1853 account of his capture of a desperado. Solomon and his posse of twenty men brought the man into the town of Sonora, where they were confronted by “…More than a thousand men, many of them drunk or half drunk…yelling like demons, [who] pressed close upon them.” Through his “coolness and courage” Solomon saved the man from being hanged by the mob. In a similar incident, Solomon stopped a lynching by having a young lawyer distract the crowd with a grandiloquent speech as he and his deputies hustled the suspect away. From 1857 he served as the US Marshall or Vice-Marshall for the Northern District of California until he was removed from office in 1861, presumably because he was a Rebel sympathizer; Solomon was active in Tuolumne’s Democratic party and even on the cusp of the Civil War, there was a contingent calling for compromise with the Confederacy and peaceful separation. He died in 1863 in San Francisco, where he was buried.

James Wyatt Oates never met Perrin Solomon, who passed away while he was still a 13 year-old boy in Alabama. But when his long-widowed mother-in-law died in 1910, the old lawman was probably much on his mind. The family owned a burial plot in the Laurel Hill Cemetery in San Francisco, which presumably was by Perrin’s side. Should she join her husband there, or stay in Santa Rosa, where he and Mattie would eventually be laid to rest?

Oates had Maria Solomon’s coffin placed in the temporary receiving vault at the Rural Cemetery, where it would stay for the next six years. Her daughter’s body would be likewise stored in the crypt in 1914 because no grave was supposedly ready, although Oates owned a large and prominent plot at the cemetery.

What he originally planned to do with them is unknown, but after Wyatt himself died the following year, he left instructions that the entire family – including the long-buried remains of Perrin and Mattie’s siblings who had died in childhood – be cremated together and their ashes scattered. It seems to have been an impetuous decision made just a few months before his death, around the time he amended his will to disinherit that unpleasant nephew in Alabama. The man who had been left with no family must have decided to take as many as he could with him into the winds.

MRS. SOLOMON IS INJURED
Fell From Porch and Tore Ligaments Loose

Mrs. M. S. Solomon, mother of Mrs. James W. Oates, met with a bad accident on Christmas night, which will cause her to be confined to her apartments for some time to come. The lady suffered a fall, and struck on her right hip in such a manner as to tear loose many of the ligaments of that member, besides severely bruising and contusing the limb. Mrs. Solomon and Judge and Mrs. James W. Oates were guests at the home of Mr. and Mrs. Blitz W. Paxton at Christmas dinner. During the evening Mrs. Solomon stepped from a slight eminence on the porch of the Paxton home and was precipitated heavily to the ground.

Dr. S. S. Bogle was called and attended to the injuries, and Mrs. Solomon was placed under the care of a trained nurse.

– Santa Rosa Republican, December 27, 1909
MRS. SOLOMON MEETS WITH ACCIDENT

The many friends of Mrs. M. S. Solomon, who sustained a bad fall while leaving the home of Mr. and Mrs. Blitz W. Paxton on Christmas night, will be very glad to know that she is not as seriously hurt as was at first supposed. She was resting nicely on Monday and hopes in a few days to be able to be out again. At the time of the accident it was feared that there might have been a fracture of the hip bone. Dr. S. S. Bogle was summoned and ascertained that there was no fracture. Mrs. Solomon, who has lived for many years with her son-in-law and daughter, Colonel and Mrs. James W. Oates, is one of Santa Rosa’s most highly esteemed women, and at the Oates residence since the accident the home has been besieged with anxious friends and many messages of inquiry have been received. Naturally Mrs. Solomon suffered very much from the shock caused by the fall.

– Press Democrat, December 28, 1909
Mrs. Solomon Better

Mrs. M. S. Solomon continues to improve from the effects of the fall she sustained on Christmas night, and her many friends are delighted to hear of the improvement.

– Press Democrat, December 30, 1909

Mrs. M. S. Solomon has almost entirely recovered from the effects of her bad fall on Christmas night.

– “Society Gossip,” Press Democrat, January 10, 1910

The many friends of Mrs. M. S. Solomon continue solicitous for her welfare. She is still quite ill from her recent fall and a specialist from San Francisco has been required. Hope for speedy recovery is held out for her.

– “Many Social Events in City of Roses,” Santa Rosa Republican, December 30, 1909

MRS. M.S. SOLOMON CONDITION CRITICAL

The many friends of Mrs. M. S. Solomon will learn with much regret that her condition is very critical. A change for the worse occurred yesterday.

– Press Democrat, January 20, 1910
MRS. M.S. SOLOMON ENTERS INTO REST
Greatly Beloved Woman Passes Away at an Early Hour This Morning–Death Universally Regretted

Shortly after two o’clock this morning death came very peacefully to Mrs. M. S. Solomon at the home of her son-in-law and daughter, Colonel and Mrs. James W. Oates on Mendocino avenue.

The news of the passing of this estimable woman will be received with deepest sorrow by a legion of friends in Santa Rosa. To know Mrs. Solomon was to love her.

The esteem in which she was universally held was shown incessantly during his illness in the inquiries of friends and the great solicitation and hope that her life might be spared.

It will be remembered that on Christmas night Mrs. Solomon sustained a bad fall and injured her hip. At first it was hoped that the injuries were of a slight nature but later it developed that they were very severe. Intense pain manifested itself and it was soon realized that Mrs. Solomon’s condition was serious.

Everything that human skill and loving attention could devise was done for her. Several days ago it was apparent that Mrs. Solomon long life was shortly to close. She relapsed into unconsciousness and the slumber that lengthened on into the final sleep which has its awakening in the brighter and better world and the perfect life for which she was so well prepared.

The death of her mother is a terrible blow to Mrs. Oates and Colonel Oates. The ties that bound them together were most affectionate. For twenty nine years Mrs. Solomon’s home had been with her son-in-law and daughter, her husband having preceded her to the grave many years ago…In the hour of bereavement the family is remembered in tenderest sympathy.

– Press Democrat, January 21, 1910
MRS. M.S. SOLOMON’S FUNERAL ON SUNDAY

The funeral of the late Mrs. M. S. Solomon will take place on Sunday afternoon at 2 o’clock from the residence of Colonel and Mrs. J. W. Oates, on Mendocino Avenue, and it will undoubtedly be very largely attended by her friends.

Temporarily the casket will repose in the vault at the cemetery and there will be no interment on Sunday afternoon.

Seldom has there been a more general expression of regret than that felt at the passing of Mrs. Solomon, and yesterday the Oates residence was besieged by friends desirous of extending their condolence with those bereaved.

– Press Democrat, January 22, 1910

The death of Mrs. M. S. Solomon has cast a gloom over everything of a social nature in this city. She was dearly beloved by all who knew her and there exists a general feeling among her hosts of friends that no pleasure can be experienced close upon her death. Owing to the love the officers and members of the Saturday Afternoon Club hold for her, although not a member herself, that club postponed the meeting it had scheduled for today. Mrs. C. C. Belden, for like reason, postponed entertaining the Fork Club from next week to the week following, and other affairs that were expected for next week, the week but one before the beginning of lent, will not occur. Many friends of the deceased and of Mr. and Mrs. James W. Oates have called at the Oates residence and offered their services in any way they may be used in this hour of bereavement, and they are thoroughly appreciated by Mr. and Mrs. Oates.

– “Many Social Events in City of Roses,” Santa Rosa Republican, January 22, 1910
LOVING TOKENS OF DEEP SYMPATHY
Large Gathering of Friends at the Funeral of the Late Mrs. M. S. Solomon

Scores of magnificent floral tributes, each bearing its message of devotion and loving sympathy, surrounded the casket containing the mortal remains of the late Mrs. M. S. Solomon, as it reposed in the spacious drawing room at the residence of Colonel and Mrs. J. W. Oates on Sunday afternoon, at the time of the impressive funeral services.

There was a very large gathering of old friends of the deceased despite the heavy storm. In the company were those who had known and loved Mrs. Solomon for many years. Then there were those of younger years to whom she had been friend and counselor and always deeply interested in their welfare. It was a very sad afternoon for all.

The funeral service was conducted by the Rev. William Martin, and at its conclusion the beautiful casket was conveyed to the cemetery and there placed in the receiving vault. The active pallbearers were…

– Press Democrat, January 25, 1910

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SELLING LUTHER BURBANK

Jeff Elliott Leave a comment

Luther Burbank wants you to go away. No, he does not want to hear about your prize-winning begonias. No, he will not talk to you unless you have an appointment. No, he will not sell you anything.  Can’t you read the sign on his fence? “Any person entering or trespassing on these ground will be prosecuted.” Go. Away. Now.

Burbank was under constant siege from admirers who traveled to Santa Rosa to see the “Plant Wizard” who was profiled in illustrated magazines and newspaper Sunday sections. A visiting friend was astonished to find Burbank “overrun by a horde of curiosity seekers…their endeavors to see him were most annoying. I know of no way of stopping their coming short of a shotgun.”1

The thwarted public probably came away thinking Burbank as rude as he thought they. Couldn’t he spare a single plant from the abundant fields surrounding his house? Can’t they have one damn seed as a souvenir? Unfortunately, the articles that fawned over Burbank rarely mentioned his hybrids were sold exclusively through retailers, such as the Burpee and Stark Brothers seed catalogs and the regional Owl Drug Store chain. So it was very big news when it was announced in 1909 that three men had formed a company called “Luther Burbank’s Products” to sell Burbank’s seeds and live plants directly to the public. 

(RIGHT: 1909 ad for Burbank seeds available through selected Owl drugstores)

For anyone just tuning in, here’s a short summary of what happened up to that point: In 1905, the prestigious Carnegie Institution awarded Burbank a grant of $10,000 a year with the understanding that it would result in some sort of scientific report about his plant-breeding methods. Two years later, Burbank signed a contract with the Cree Publishing Company to create a 10-volume set about his work. Burbank insisted the books for Cree would be aimed at a mass-market audience and not at all in conflict with what he was supposed to be producing for the Institution, but the Carnegie directors were not so sure. See the four part “BURBANK FOLLIES” series for more on all this.

The Santa Rosa newspapers could scarcely contain their excitement over buying directly from Burbank to be bothered with accuracy. They blurbed the deal was “the most gigantic of its kind in the history of the country” (Press Democrat) and “said to have netted Mr. Burbank a couple of million dollars” (Santa Rosa Republican). The San Francisco Examiner also gave the “gigantic business enterprise” headline coverage and devoted nearly an entire inside page to Burbank. Also given much ink was that the main investors were the brothers Herbert and Dr. Hartland Law, who owned the Fairmont Hotel and other blue-ribbon real estate.

In an interview with the Examiner, Dr. Law said the brothers were undaunted, although “we have begun to realize is a greater project than we thought it was when we first took it under consideration.” The tasks ahead were monumental, particularly setting up a global distribution network which would “involve the expenditure of several million dollars.” Let’s hope they didn’t spend too much money up front; less than a month later, Burbank announced that he was breaking the contract – “the proposition was found to be impracticable,” he said in a terse statement to the press. “While it is true that my business has become too extensive and too complicated to be handled by one man, yet, I believe that by having complete control of the entire system I can direct competent men in a way to secure the best results,” Burbank stated.

What was Burbank thinking? It’s understandable he didn’t want to cede all control, but he was also 60 years old and had no talent or interest in building a large operation. No other suitors were courting him – it would be another three years before a similar distribution business was formed. With his chronic bad health, did he really expect to keep up the exhausting work involved with his plant breeding methods as he entered old age, staking his future on profits from far-between windfall sales?

Also unclear in press coverage was the role of the third partner: Oscar E. Binner, whom several San Francisco papers unfortunately and repeatedly misnamed as “Dinner.” Little was written in any of the papers about Mr. ?inner, except the vague description that he was a “wealthy Eastern man.” When Burbank withdrew from the project Binner gave a lengthy statement to the Press Democrat in which he managed to say very little, revealing mostly his talent at public relations.

Binner is an underrated figure in the Burbank canon; in the definitive biography by Peter Dreyer, A Gardener Touched With Genius, he rates scarcely more than Burbank’s secretary, the euphonically named May Maye. But it was Binner who put together the ill-fated deal with the Law brothers, Binner who kept the Burbank book project from collapsing over the years, and Binner who masterminded a national campaign that brought Burbank acclaim greater than he had ever known before. Part manager, part counselor, part promoter, Binner aimed to be the Col. Parker to Burbank’s Elvis and during Burbank’s most successful years, he was something very much like that.

When he met Luther Burbank in January, 1908, Binner was 45 and a respected man with two successful careers behind him. As a youth in the Midwest he had apprenticed as an engraver and printer and by 1895 the Binner Engraving Company was established as a leader in the business. (Which is to say, his company produced very high quality printed material – they were hired by the Smithsonian Institution to produce a book of photographs of the moon, for example.) They were pioneers in commercial illustration; search for “Binner Engraving” on eBay or in Google Books and you’ll find dozens of examples that are today respected as topnotch period art. The trade magazines of the time are filled with mentions of him as a much admired – and sometimes, jealously envied – master of his craft.

Advertising was a big part of the engraving business, and around 1901 Binner opened a branch office in New York City. In particular he cultivated a side career as an advertising director, becoming the head of publicity and promotion of Lever Brothers, an English soap maker. Binner’s campaign to introduce Lifebuoy Soap as a modern, ultra-hygienic American product via photo-realistic ads was a remarkable success, and cemented his reputation as a successful ad man. In 1905 Binner returned to his engraving company in Chicago, selling it to his partner five years later when his attention firmly turned to all things Burbank.

Much of what we know of Mr. Binner at that time comes from two extraordinary letters written to Nellie Comstock. (When she died in 1940, these letters were donated to the Luther Burbank Home and Gardens.) An accompanying note from her son Hilliard pointed out that Binner lived with their family on Hoen Avenue for a time, and Nellie sometimes acted as a diplomat to resolve disputes between Binner and Burbank because she was “an intimate friend of both.” The origin of the connection between Comstock and Binner is unknown, but might trace back to their shared roots in the Chicago area.

Binner came to meet Burbank via Cree Publishing, the Minneapolis company trying to produce the set of Burbank books. His exact status is unclear, but they must have already formed the Cree-Binner Company, which apparently had the sole purpose of wrestling the Burbank project into print. (Cree Publishing continued producing other books under its original imprint.) By 1910, Cree was completely out of the picture and Binner owned all work on the project produced to date.

In his first letter to Comstock, Binner boasted of his terrific working relationship with Burbank and that he scored points by immediately dismissing the entire editorial staff because they weren’t to Burbank’s snuff. His secret in getting results from Burbank was patience and working with him, he emphasized repeatedly in the letter. Over six single-spaced typed pages, Binner testifies to his devotion and defends Burbank’s greatness (it seems Comstock had joined the scientific skeptics who didn’t think Burbank’s work was worth much), along with flogging his own sacrifice in trying to bring Burbank’s message to the world (“Your red headed old hen with the yellow feathers has earned more money the past two years than I have”). With pleadings and bombast he hammers away that soon the world would kneel at Burbank’s shrine and only Binner could make that happen: “[W]hat I have to offer is that which he needs and which he does not know how to produce…I have the talent and ability and desire to give him what he needs most in order to present to the world his story in such a manner as to make it live for centuries. L. B. will see it. Wait.”2

(RIGHT: Oscar Binner c. 1911. Image courtesy Luther Burbank Home and Gardens)

Megalomania aside, Binner was basically right; he possessed a unique skill set that Burbank needed. Burbank was an inept businessman and deal-maker; Binner had single-handedly built one of the leading companies in his field. Burbank expected fawning profiles in the press to lure public interest; Binner was an acknowledged master of reaching out through advertising. But most of all, Binner had a talent for what Burbank really needed most: Marketing Burbank’s unique brand.

You can find Binner’s fingerprints over everything connected to Burbank in the years immediately following. In a why-didn’t-anyone-think-of-that-before flash of genius, Burbank was relieved of the visitor nuisance after a “Bureau of Information” was built on Santa Rosa Avenue in front of the farm where the public was invited to buy seeds, bulbs, and color lithographs of Burbank plants, suitable for framing. Binner produced dozens of pamphlets by and about Burbank and tried to sell shares in the Oscar E. Binner Company (“Luther Burbank’s Publishers”) for the publication of the still in-progress Burbank encyclopedia – “The popular edition will…have a field of about fifty million prospective purchasers,” he gushed. Binner created the Luther Burbank traveling display that toured agricultural shows and exhibitions around the country for two years to high acclaim, ending 1912 on view at the huge American Land and Irrigation Exposition at Madison Square Garden, where the Mormon Tabernacle Choir sang “Ode to Irrigation.”

This chapter of Binner’s story ends in 1912, with the incorporations of the semi-autonomous Luther Burbank Press, Luther Burbank Society and Luther Burbank Company. Binner still had a role in Burbank’s affairs, but that’s a different adventure. Another Binner trail to follow leads to the question of whether he had any part to play in the final breakup between Burbank and the Carnegie Institute in the latter part of 1908. Although Burbank counted on the $10,000 annual sinecure, losing the distraction of the Carnegie obligation would have been greatly to Binner’s advantage. The Luther Burbank Home and Gardens archive has a letter to the Institute’s president from Binner that has an unpleasant tone and implies they were exchanging insults in prior correspondence. There’s also an incriminating passage in that letter to Comstock: “L. B. misunderstands himself. When he finds himself, then he will see what is best for him and best for all time and all the world. He will waste no more of his talents and time on [the Carnegie Institute]…”

And finally, there’s the unsolved mystery of why Burbank walked away from the lucrative deal with Law brothers. As it turns out, there are two versions of how it came about. In an interview with the Examiner, Hartland Law described the “peculiar way” the project began with a chance encounter on a train with a man coming to secure rights to “Burbank’s book.” Law expressed sadness that California had little appreciation for Burbank. Some time later, the same man approaches him outside the Fairmont. “This man later on visited Burbank, told him of the interest I had shown in his book, and in the end he was the medium through which my brother and myself met Burbank in this city and discussed the preliminary plans for this later project.”

But in his letter to Nellie Comstock, Binner wrote that there was no lucky happenstance involved. Burbank directed Binner to research potential moneymen and convince them to form a partnership: “…I was to find men of character, reputation and wealth who could handle this project as it should be handled. I worked hard, I traveled much and at last found two men, men whose names and reputation could not be assailed and whose wealth was more than sufficient to finance this project…”

The key to Burbank’s about-face is probably the part about “men whose names and reputation could not be assailed.” Yes, the Law brothers were multimillionaire property owners, and Herbert Law was one of the directors of Wells Fargo. But the paint was still wet on their respectability; not mentioned in the San Francisco or Santa Rosa papers was that the brothers had made their fortune through a quack medicine and pyramid scheme they still owned (this article is a must-read). Singled out by medical journals and muckrakers as one of the worst of all the insidious medical frauds, the money they offered Burbank dripped with blood.

Always thin-skinned about being considered a charlatan himself, it’s unthinkable that Burbank would have entered a partnership with the Law brothers if he knew about their dodgy source of income – or that he would have stayed with them once he discovered the facts later. Yes, the Laws kept their noses mostly clean and gained further respectability as years went on, but from the perspective of 1909, Burbank probably looked upon them as a career-destroying scandal waiting to explode after he discovered who they really were. In the end it was likely the Law brothers that played Burbank and Binner, not the other way around. Should the Laws ever be enmeshed in a scandalous wrongful death lawsuit, what better character witness to call to the stand than their partner and friend, Luther Burbank, one of the most respected men in the nation.


1Samuel Lieb letter to Carnegie Institute President Woodward, August 26, 1908; Luther Burbank Home and Gardens archives
2Oscar Binner letter to Nellie Comstock, February 25, 1910; Luther Burbank Home and Gardens archives
WILL HANDLE ALL PRODUCTS
Burbank Sells Rights to his Future Creations

Arrangements have been made by Herbert E. Law, Dr. Hartland Law, and Oscar E. Binner, millionaires of San Francisco, to take entire control of the commercial aspect of the work of Luther Burbank. The gentlemen have purchased the right to all the new creations of Burbank not otherwise disposed of previously and all those which may evolve through his genius in the coming years.

The deal is one of the greatest ever made on the coast and is said to have netted Mr. Burbank a couple of million dollars, and placed him beyond the necessity of having any care for the material things of earth. He will now be able to lay aside business cares and worries and give his entire time and attention to the propagation of new fruits, flowers and shrubs, to which he has already devoted forty years of energetic work.

The commercial portion of the distribution of the products will be carried on an elaborate scale by the men who have become interested in the matter. They will establish agencies in all portions of the world, and the fame of Burbank will be carried to greater extent in the remote parts of the world than ever before.

Much illustrated and printed matter concerning the Burbank productions will be sent broadcast [sic] all over the world, and the handling of the business will necessitate a large clerical, office and shipping force. The spineless cactus will be sent to all the known arid regions, where it will produce sustenance for man and beast. It is claimed that recently Mr. Burbank has bred properties into this cactus which will make it available for producing sugar and alcohol as a by-product. It is said the sugar from the cactus will rival that produced from beets and that brought from the Hawaiian Islands.

The new company intends to purchase, if possible, the rights which Mr. Burbank has previously disposed of to certain creations and thus have a monopoly of all his efforts. There are many things which Mr. Burbank has accomplished of which the world knows nothing, but in future all these will be given to the public through the new agency established.

Mr. Burbank was recently in San Francisco and had a conference with the men who have purchased the rights to his creations and later they came here and spent some time in looking into the matters.

The arrangement made with the Messrs Law and Binner will not affect the distribution of seeds through the Chamber of commerce. The deal of Secretary Brown will be carried out as arranged and he is already promoting their selling in a number of states.

– Santa Rosa Republican, February 27, 1909
TO HANDLE THE BURBANK PRODUCTS

A business transaction of world-wide importance has been consummated in Santa Rosa, whereby Dr. Hartland Law and his brother, Herbert E. Law, the millionaire owners of the Fairmont hotel, the Monadnock building and other valuable property in San Francisco and elsewhere throughout the United States, and Oscar E. Binner, a wealthy eastern man, who has spent several months in Santa Rosa, have secured the rights… [missing lines type and garbled text] …They have formed a company known as “Luther Burbank’s Products, Incorporated,” and have already formulated complete plans for the distribution of the products in all civilized countries.

By reason of the deal consummated Mr. Burbank will henceforth devote his entire time to the scientific development of his great work, while the business and commercial end will be handled entirely by the company. The transaction not only includes the products already perfected but those in course of development.

– Press Democrat, February 26, 1909
BURBANK DISTRIBUTION
Big Work Planned by the Owl Drug Co.

Monday a representative of the Owl Drug Company of San Francisco closed a contract with Edward H. Brown of the Santa Rosa Chamber of Commerce for the exclusive agency of Luther Burbank’s flower seeds for the cities of San Francisco, Los Angeles and Pasadena.

Mr. Brown deserves great credit for placing the agency where it will do so much good for our town.

We know of no concern better able to handle the distribution of Mr. Burbank’s seeds on a large scale than is the Owl Drug Co., with its eleven big stores in San Francisco, Los Angeles and Pasadena.

Mr. Burbank himself feels that the Chamber of Commerce need not look elsewhere for agencies as he believes, as do me, that the present arrangement will immediately consume the entire supply.

Other big concerns have been negotiating for the agency, but due to the fact that the Owl Drug Company had better facilities to carry on the distribution thoroughly the agency was given to them.

– Santa Rosa Republican, March 22, 1909
RUMOR THAT BURBANK DEAL IS OFF

A month ago, it will be remembered, it was announced that Herbert E. Law, Dr. Hartland Law, San Francisco millionaires, and Oscar E. Binner, a wealthy eastern man, had completed arrangements whereby they would take over the entire charge of the distribution of Luther Burbank’s products throughout the world.

It was rumored here yesterday that the big deal was off and that Mr. Burbank had decided to still remain at the helm of the commercial as well as the creative branches of his work. Mr. Burbank preferred not to discuss the matter at all yesterday. Mr. Binner is in San Francisco,, and could not be seen yesterday.

– Press Democrat, March 24, 1909
LUTHER BURBANK ISSUES STATEMENT REGARDING DEAL
Will Direct His Own Business As Heretofore

This combination was altogether unique–with the exception of Mark Twain, John Burroughs and possibly some other cases–in fact only an experiment, as nothing of just its nature had ever existed. Hence no one could foretell the outcome.

The early developments did not indicate satisfactory future results either to the world or to the parties involved in the transaction.

As no corporation had yet been formed and only a preliminary contract executed, when the proposition was found to be impracticable. It was mutually agreed that it be abandoned.

While it is true that my business has become too extensive and too complicated to be handled by one man, yet, I believe that by having complete control of the entire system I can direct competent men in a way to secure the best results.
Luther Burbank.

On Wednesday Luther Burbank absolutely confirmed the report published in the Press Democrat of that morning that the deal between himself and the Law Brothers and Oscar Binner, had been abandoned. The deal, one of the most gigantic of its kind in the history of the country, involved the sole handling of the Burbank products and their distribution throughout the world, with the exception of two or three small contracts into which Mr. Burbank had already entered. The announcement in the paper Wednesday morning that the deal was off attracted something of the surprise of that of a month ago, which told of the preliminary contract.

A Press Democrat representative had an interview with Mr. Burbank on Wednesday and obtained from him a statement explanatory of the abandonment of the contract. Mr. Burbank intends to be at the helm in the directing of his big business. He believes that with the assistance of competent men this can be done, and the best results secured.

Oscar E. Binner returned from San Francisco Wednesday night. He was associated with the Law Brothers in the transaction mentioned. In discussing the turn things had taken, Mr. Binner in the course of an interview, had this to say among other things:

“For myself and by associates, the Law Brothers, let me say that Mr. Burbank’s absolute happiness and contentment were our first consideration.

“We still believe that to have equipped for Mr. Burbank a world-wide sales organization, such as we had planned, would not only have enabled him to devote more of his precious time to his noble and unique research, but also have been the means of giving to the entire civilized world an opportunity of getting a practical and most valuable benefit of his wonderful achievements. There is no doubt in our mind that with such an organization as we had planned for, consisting of some of the best world’s workers, Mr. Burbank would have greatly extended his marvelous achievements.

“Every plant, fruit, and product of this great genius would through this sales organization have been scattered throughout the civilized world and so become the property of all mankind.

That our project (and when I say ‘our’ I mean Mr. Burbank first of all and the Laws and myself) was one which would have made the world better, is evidenced by the fact that hundreds of leading publications throughout the land recognized it as such, and heartily endorsed it, some even giving editorial recognition. Only one single article decried our project, and the man that wrote it admitted the next day that he had   a ‘grouch’ on and was sorry he had written what he had.

“As further evidence and a most gratifying one are the numerous letters that have been received by us from some of the most prominent and influential men throughout the land. Many from our friends, but many more from total strangers to us, congratulating us on our project and offering us unlimited support and assistance if we would give them the privilege.

“One of the best and most responsible endorsements we received was from a man who, perhaps, is better able to judge and recognize what this great project would have meant to Mr. Burbank and the civilized world. I refer to an old and much admired friend of Mr. Burbank–Prof. E. J. Wickson, whose editorial in the Pacific Rural Press came nearer to our personal views and sentiments than all others.

“However, as already stated, Mr. Burbank’s happiness and contentment was our first consideration, and if this would in anyway be involved by the project we were willing to step aside and annul the contract we entered into together on the 23rd of February.

“Mr. Burbank has many true and loyal friends throughout the world, yet none I feel can be more willing to help and assist him at any time than the Law Brothers. As for myself, I have always given him the best there is in me, and I shall always continue to deem it a pleasure to serve him.”

– Press Democrat, March 25, 1909
BURBANK’S BUREAU WILL OPEN TODAY
Information Will Be Furnished all Visitors Together With Other Details–Open Daily

Luther Burbank’s Bureau of Information will be opened to the public today from 10 to 12 and 2 to 4, and each succeeding day, Sunday excepted. It occupies the neat and attractive little building on Santa Rosa avenue fronting the old Burbank residence.

This branch office is designed for the accommodation of visitors, having been found necessary in order that Mr. Burbank be protected from the constant interruptions which have beset him in the past by those who wished either to meet him or to have to opportunity of securing information or samples, souvenirs, seeds, bulbs, etc. These have note heretofore been generally obtainable except from Eastern dealers.

Some scientifically accurate extremely fine studies of his newer fruits and flowers have been produced by California artists and Eastern lithographers, and these will be available to all.

Rare seeds also, all grown under Mr. Burbank’s personal supervision, will be available.

A big register is being prepared for the names, addresses and remarks of visitors. All are welcome to inspect the new office.

– Press Democrat, May 25, 1910
MANY CALLERS AT BURBANK BUREAU
Many States and Several Countries Already Represented Among the Visitors

The information bureau at Luther Burbank’s private experimental grounds on Santa Rosa Avenue is proving a great thing for visitors in this city, who are desirous of obtaining some information concerning Mr. Burbank’s work and also as to where seeds, plants and literature, etc., can be obtained.

The handsome little building the bureau occupies near the site of the old residence has already been visited by several hundred people from out of town. Some fifteen states are represented among the callers and they are people who have come to Santa Rosa for a visit while making an itinerary of the state. Several countries are likewise represented.

Most of the time Miss Pauline Olson is in charge of the Bureau and no one better qualified or more conversant with the nature of the information desired could occupy that position. Daily some of the beautiful blooms created by Mr. Burbank are artistically arranged in the room and these never fail to attract the admiration from visitors.

The poppies and amaryillis are in bloom in the Burbank gardens at the present time, and the color picture is a very beautiful one.

– Press Democrat, May 25, 1910

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WHAT BEFALLS THE BIGAMIST’S WIDOW?

Jeff Elliott Leave a comment

It must have been terrifying for her at 63, facing the loss of everything she had including her name. These were the stakes when Mrs. Anna L. Finlaw returned to Santa Rosa in the first days of 1910 to answer a lawsuit filed by her late husband’s wife.

For about 25 years centered on the turn of the century, Anna Finlaw represented culture and betterment in a town without much of either. Admired speakers came to Santa Rosa because of her, as did classical music performers. She was the force behind the musical Etude Club and the Saturday Afternoon Club where women presented original talks on literature and world events. Soirees at her home were the social event of the year, and the gourmet grub served at her dining table was legend. Her husband, Dr. William Finlaw, was a respected physician and Civil War veteran who raised and sold race horses as a hobby. Aside for the death of their only child in a shooting accident, theirs was a life on even keel.

(RIGHT: Mrs. Anna L. Finlaw at the August, 1908 groundbreaking for the Saturday Afternoon Club, two months before she applied for a widow’s pension)

Dr. Finlaw died in 1905 without a will, and Anna inherited everything as his widow and sole heir. With an estate worth around $50,000 – the equivalent of some $2.5 million today – she was left without want. Anna was free to tour the great cities of Europe soaking up the arts, always stopping en route to the East Coast at her sister’s home in Kansas. It was from there in 1908 she applied to the government for the pension due the widow of a Civil War veteran. Anna continued on to her vacation in Italy, unaware she had triggered events she would soon enormously regret.

Why did she wait almost three years after his death to file for a pension – and why did she apply at all, considering the payout was a measly twelve bucks a month? No explanation is certain, but it’s significant that the application specified she was filing under the “Act of April 19, 1908.” This change in the law raised the entitlement from $8/mo to $12/mo, but importantly in Finlaw’s case, removed any examination of “pecuniary circumstances” to qualify – in other words, she did not have to prove she was destitute. She probably also believed this was her last chance to bite at the apple, as the law passed with some controversy.*

The Bureau of Pensions was swamped with applications because of the new law and it was a few months before they began processing Anna’s paperwork. But when a clerk opened the file jacket for Finlaw, William C., he found a curious thing: There was already a widow’s application in it. In 1903 another woman had applied for his pension, claiming he had deserted her at the close of the Civil War, never to be heard from again. The Bureau denied her claim as there was no proof William was deceased. Now they had evidence that he was, in fact, dead – but there was also now the problem of the two Mrs. Finlaws.

A federal investigation was opened, as the matter dealt with a military pension. The bare facts were these: William married Jane in 1862 and they had a son. There was no known divorce. He married Anna in 1865.

Before continuing, I must point out that much of the following history lay hidden until Heidi and Neil Blazey of Santa Rosa requisitioned a small paper mountain of Finlaw records from the National Archives. What appears here is a condensed version of a very rich story the Blazeys want to write about the Finlaws.

Informed of the investigation Anna did not rush home from Europe (she spent the entire year of 1909 away), leaving the matter in the hands of her attorney, James Wyatt Oates. In the meantime, an investigator from the Special Examination Division of the Pension Bureau gathered evidence and testimony from Jane Finlaw in Cincinnati. The investigator inappropriately let slip where William had lived. “Jane then sent an attorney to Santa Rosa to discover if the doctor had left any property,” another Special Examiner summed up events in a letter to the Commissioner. “And he, finding such a large estate and no will, began suit to oust Anna.”

The Santa Rosa newspapers had kept the bigamy allegations hushed up, but they couldn’t stay quiet after Jane’s lawsuit made the front pages in San Francisco. Aside from the scandal angle, it didn’t hurt that Jane’s granddaughter was a pretty showgirl. “A San Francisco paper of Friday morning devotes considerable space to the affair, and accompanying the story is the picture of an actress, Miss Marie Baxter,” the Press Democrat commented in a lengthy article on the case. “Miss Baxter is shown in several graceful poses, which indicates that, professionally or otherwise, she is not averse to furnishing the newspapers with as many photographs of herself as they can conveniently use.”

Jane demanded everything down to the polish on Anna’s shoes. She wanted all the California property, $6,000 from Anna for back rent and another $6,000 in damages for unlawful occupancy. Jane even sued people who had business dealings with Anna.

With Jane’s attorney hoping that Anna would gift them with damaging testimony to Pension Bureau investigators, it’s no surprise that Anna said as little as possible in her deposition. No, she didn’t know what year her husband was born, his middle name or names of any members of his family. No, she didn’t recognize him in an old photo. No, she didn’t recognize his handwriting in letters to Jane. And, of course, she had no idea her late husband had another wife. And child.

If not for the absence of divorce papers, Jane had a shaky case. She could not explain why she waited almost forty years to file for the pension. Although she claimed their son was born a year after their marriage and just before Dr. Finlaw “left for the front,” he was actually born out of wedlock, two years earlier. The very few letters from her husband shown to investigators suggested Jane had abandoned him, not the reverse.

Anna stewed as attorneys dickered over her fate. She was upset with herself for filing a widow’s pension claim and starting the gears in motion, and angry at investigators for “stirring up this muss” by revealing too much to Jane. Several months later, a deal was struck: Anna would keep the California property and pay Jane $3,000 in lawyer’s fees. Jane was awarded the pension.

Then in March, 1911 came the cruel last blow: A letter to Anna from the Commissioner of Pensions informing her “you were never his lawful wife and have no status as his widow.” The reaction of Mrs. William Finlaw was not recorded. That is, the former Mrs. William Finlaw.


*Politicians at that time were wont to treat veterans generously, and in 1907 had increased veteran’s pensions while relaxing military service requirements to qualify. But when the issue of pensions for widows arose early the following year, the nation was reeling from the Panic of 1907 and the near collapse of the banking system. The country was running the first federal deficit in a decade and the widow benefits were projected to increase the pension budget by about $12 million a year, even while the government was closing regional pension offices to scrimp. Besides treasury concerns over a sizable new entitlement, there was political opposition to the widow’s bill; it was sponsored by House Speaker Joseph Cannon, who was seeking the Republican presidential nomination. Complaints were also made in newspaper editorials that widows now only had to be married prior to the summer of 1890, which led to innuendo that youthful fortune hunters would be rushing to marry old men for pension booty.

SENSATIONAL SUIT IN FINLAW ESTATE
Eastern Woman Asks Court to Dispossess Mrs. Anna L. Finlaw of all Property Left by Late Dr. Wm. Finlaw of this City

A very sensational suit involving the property rights of Mrs. Anna L. Finlaw, widow of the late Dr. William Finlaw of this city, was begun Friday in the United States Circuit court of San Francisco. The complainant, who signs herself Jane Bradley Finlaw, alleges that she became the wife of Dr. Finlaw in 1862, and that the marriage has never been abrogated or annulled.

According to the allegations as contained in the complaint, the marriage occurred while Dr. Finlaw was still in college and but twenty-three years of age, and shortly afterwards he enlisted in the army as a surgeon, since which time, except for a brief period immediately after his departure, she has been unable to locate him. The complaint fails to state just what efforts were made in that direction, or why the location of a man of Dr. Finlaw’s reputation and prominence as a physician and in the army should have been such a difficult matter.

A further allegation of the complaint is that as a result of the union of “William C. Finlaw” and Jane Bradley, one son, William H. Finlaw, was born at Dover, Delaware. The exact date of this child’s birth is not stated, other than to allege that the event occurred after Dr. Finlaw “left for the front.” Dr. Finlaw answered the call for volunteers early in 1863, enlisting in the Fifth United States Volunteer Infantry as a major surgeon. He served with much credit throughout the war, finally becoming assistant surgeon in the Second Missouri Light Artillery and later finding still further advancement. Being captured in battle, he was confined for nine months in a Confederate prison. He often spoke here of the kindly manner in which he was treated during this period.

A San Francisco paper of Friday morning devotes considerable space to the affair, and accompanying the story is the picture of an actress, Miss Marie Baxter. She says her real name is Mary B. Finlaw, and that she is a grand-daughter of Jane Bradley Finlaw and the late Dr. William Finlaw of this city. Miss Baxter is shown in several graceful poses, which indicates that, professionally or otherwise, she is not averse to furnishing the newspapers with as many photographs of herself as they can conveniently use.

The complaint goes on to say that Jane Bradley Finlaw only learned by accident of the death of “Dr. William C. Finlaw.” She says that after waiting forty-four years and hearing nothing of him, she came to the conclusion that he must be dead and thereupon filed a claim for a widow’s pension. Mrs. Anna L. Finlaw of this city also failed a pension claim about the same time, and according to the allegations of the complaint it was through the filing of the latter document that the complainant first learned of the existence of Mrs. Anna L. Finlaw of this city.

The suit brought is one praying that Mrs. Anna L. Finlaw be ejected from the possession of any and all property now in her possession and which came to her through the late Dr. William Finlaw. A further demand is made for $6,000 damages for unlawful occupancy of the property and $6,000 back rents. As is well known, Dr. Finlaw left a considerable estate. Estimates vary as to its value, but it is believed that somewhere betwee forty and fifty thousand dollars would cover the amount. The San Francisco paper above referred to placed the figure at sixty thousand dollars, but this is too high. The estate was officially appraised at $43,000.

The late Dr. William Finlaw was one of Santa Rosa’s best-known pioneer physicians. Together with his wife, Mrs. Anna L. Finlaw, and their son, Wainright Finlaw, they settled in Santa Rosa in 1876, or thirty-three years ago. A few years after coming to this city, Wainright Finlaw was accidentally killed by a companion about his own age while playing with a loaded revolver. Both Dr. and Mrs. Finlaw took their son’s death much to heart, as he was their only child. Dr. Finlaw was a quiet man, and industrious, and he soon built up a lucrative practice. No man in Santa Rosa stood higher in the estimation of his fellows, and in every way he merited the esteem accorded him. His hobby was fine horses, and for a number of years he maintained the Rosedale Stock Farm near this city. A half-mile track for training purposes was a feature of this farm, and every day Dr. Finlaw drove out to see his trotters work. He sold and shipped horses to many parts of the world, Australia being an especially good filed for the output of his farm.

Dr. Finlaw died without leaving a will, and his estate reverted to his wife as community property. In recognition of his military record he was buried at the Presidio. Since the settlement of the estate Mrs. Finlaw has spent most of her time in Europe, and she is there now, sojourning in southern Italy.

Mrs. Anna L. Finlaw is one of Santa Rosa’s most prominent women socially. She organized and was the first president of the Saturday Afternoon Club, and she also organized the Etude Club, a musical organization which, after the formation of the Saturday Afternoon Club, affiliated with and became part of the latter organization. She has always been especially prominent in musical and literary circles, and it was largely through her efforts that many of the club’s soloists and lecturers were brought here.

Dr. William Finlaw and Anna Love Snyder were married at Fort Riley, Kansas, in 1865. For a number of years they lived there and at Junction City, Kansas, which was also the home of her sister and brother-in-law, Captain and Mrs. Bertram Rockwell. Lieutenant-General Adna R. Chaffee is also a brother-in-law of Mrs. Finlaw, so through their army connection as well as otherwise she and the late Dr. Finlaw were both well-known and prominent people.

In the complaint filed Friday in San Francisco, Councilman Aubrey Barham of this city is also made a defendant with Mrs. Finlaw in the case, he having purchased part of the property left to Mrs. Finlaw by her late husband. Several well-known attorneys when seen yesterday expressed the opinion that nothing would come of this, Mr. Barham being an innocent purchaser. The opinion was also expressed that, the estate having been long ago duly settled by the courts, the woman now claiming to be Mrs. Jane Bradley Finlaw would never be able to bring her suit to a successful conclusion. Dr. Finlaw died on November 17, 1905, and his estate was finally settled something like three years ago.

– Press Democrat, October 3, 1909
Mrs. Finlaw Returns

Mrs. Anna L. Finlaw returned to this city yesterday afternoon, and is a guest at the home of Mr. and Mrs. Edwards. This is her first visit here in thirteen months, and her many friends will be delighted to see her again. Some time since Mrs. Finlaw returned to Kansas City after spending a number of months in Europe, principally in Spain. She was accompanied to Santa Rosa from Kansas City by her brother-in-law, Captain B. Rockwell, who is Mrs. Edwards’ father.

– Press Democrat, January 12, 1910

REACH SETTLEMENT IN FINLAW ESTATE

San Francisco, June 6–It was announced here today that the suit brought some time ago by Mrs. Jane Baxter Finlaw against the estate of the late Dr. William Finlaw of Santa Rosa had been settled out of court. It is understood that the contestant gets little more than enough to settle with her attorneys, having been unable to substantiate claims.

– Press Democrat, June 7, 1910

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