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THUR5DAY '... '..... .....;..........,APR11. 4, 1895
CITY. NEWS IS BEIEF.
The valley road promoters' committee meets
to-day. . . . " •
The polo tournament opens at-.Burlingame
to-dffy.. : •.'.;.■.
Bids for the valley road engines "will sodn bo.
asked for.
Fair weather, may be hoped for the greate
part of to-day. ■ '.
A non-union crew was put on the schoonei
Ida Schnauer yesterday:
Bright city news items are always found on
the seventh page of the Call.
Shoes regardless of . cost; Redlick Bro«
etoek, removed: to 1132 Market street. • f
The Wachusett arrived from Nanairao yes
terday after an exceedingly rough voyage.
The first intercollegiate ball game of the
season will be played at Berkeley on Saturday.
The revenue cutter Bear came over from Sau
ealito yesterday to prepare for her northern
trip.
Stephen T. Gage yesterday retired from the
board of directors of the Southern Pacific
Company.
Railroad time-tables are published in the
Call for the accommodation of the public free
of charge.
The Supreme Court has decided that the will
of a married woman is good even after subse
quent marriages.
The funeral of the late Father Fitzpatrick of
All Hallows' Church took place on Monday and
was largely attended.
The executors of the Ryer ertate have finally
effected compromises with all contestants ex
cept Christopher Ever.
Important developments took place yester
day bearing upon ttte shooting of Dr. Plouf by
J. D. L. Mdiaughey last Saturday.
Oscar Lewis will begin canvassing for mem
bership and funds for the Manufacturers' and
Producers' Association- this morning.
Joseph A. Donohoe, president of the Donc
hoe-Kelly Banking .Company, is dangerously
ill at his residence on Harrison street:
• Attorney Thomas,' who represents Louis
gloss in the W&sserman-Sloss suit, has moved
for a nonsuit. ; . It is now on argument. •
Mayor Sutro wants citizens to appear before
him and' give their, views about the bituminous
rack ordinance, or street pavement job.
. The State. Board of Trade will ask the farm
ers of the State to contribute seed grain for
the drought-stricken -districts- of Jiebraska.
A meeting, of the directors of the Manufac
turers' Association will be held in the Mills,
building -to-morrow afternoon at 3:3o o'clock. '
Sheriff Whelan denies th« charges made by
the Stare Board of .Examiner's that his bills for
Conveying insane patients, to the asylums were
excessive. ""—.*- ...
: Charles S. Bice, the variety actor, was yester
day held by Judge Low to answer before the
Superior Court lor murdering Cora Everett on
March 17. ■■' . :
John McAuliffe, a jockey, got judgment in
Justice -Groezinger's court for $94, for riding
the horses of Frank Vaa Ness in races at the Bay
District Track.
David Cornfoot, 2208} £ Fillmpre street, swore
out a warrant yesterday for' the arrest .of a fore
man of the MaTket-street Cable Company on
the charge of battery.
: The Butchers' Board of Trade gave $250
toward the expenses of the Los Angeles excur
sion and entertainment of the: trip' proposed by
the. Half-million Club. • • ■
Manuel Marshall and Henry 'Wilson were
arrested last night for stealing a box contain
ing $500 worth, of opium from an express
wagon on February 2t>:
The Board of Supervisors in committee of the
whole yesterday resolved to require the Water
Committee to propose a schedule of water rates
to be submitted to the board.. • '
A movement is on foot to induce immigration
from"the East; and aTk exhibition of the State's
resources at the.Atlanta Exposition is pro
jected as an incentive thereto.
The account which the late Judge Meslck ran
tip at Tortoni's-'and faiil4d to pay was before
Judge Hunt yesterday on a suit for the recov
ery of the amount, something over $-'000.
The police raided the San Francisco Public
Stock Exchange yesterday, and arrested- nine
men forgambhng in mining stock, the prices
being regulafed by an apparatus or device. ' .
Hear Lieutenant-Commander F. J. Drake's
lecture on the "Bering Sea," at Y. M. C. A.
lecture hall, this evening, if you wish to learn
about the seal fisheries and other northern sea
matters. ' :
The case against Attorney E. S. Salomon,
charged with felony embezzlement by Mrs.
Eliza Virgil, 318 Kearny street, was called In
Judge Low's court yesterday and continued
till April 9. •.,;• • •
The Market-street Railway Company yester
day astonished everybody by taking up its
tracks oh O'FarrelL street, recently laid, and
will now ask leave in regular form to put them
down again. . .
The police have secured a lady's bicycle,
which was found abandoned on the ocean',
fceach the morning after the Stagg murder, and
believe a woman may have been connected
with the crime.
The suit of John Foreman against William H.
Beatty to recover damages for failure to bring
tuit until a claim was outlawed- was up fur
trial in the Justices' Court yesterday, but the
plaintiff got lost in the crowd.
The police were notified yesterday of the dis
appearance, on March 27, of Edward Went
v.orth, owner of the American Cafe, 1077 Mar
ket street, and as he was despondent at times
it is feared he has committed suicide. .
There was an exciting struggle in Judtje
Coffey's court yesterday morning over tnc
possession of Ethel Rynder, between her foster
mother and the Society for the Prevention of
Cruelty to Children. The mother won.
This evening, at the Y. M. C. A. Hall, corner
of Mason and Ellis streets, Lieutenant-Com
mander F. J. Drake, U.S. N., will lecture before
the Geographical Society of the Pacific on
"Recent Developments in the Bering Sea."
Lieutenant Drake, who is in command of
the United States steamer Albatross, has ob
tained new and important information, show-
ing the influence of the Kuro Sivo, or warm
stream of Japan, on the movements of the fur
seals. '
Wren and Nelson of the Union Handball
Court defeated Purcell and Dillon of the Occi
dental Court at the latter court last night, and
the game between Donnelly and Mahoney and
Bonnet acd Purcell ended in a scene of great
excitement.
Attorney James Alva Watt was discharged by
the directors of the People's Home Savings
Bank as attorney for the bank, and the deposi
tor's will' probably sue Receiver Sheehan and
.his -bondsmen for the money expended by
Mr. Sheehan.
William Coleman and William Russell, alias
Wilson, were yesterday held by Judge' Camp
bell to answer before the Superior Court on
the charges of robbery and burglary in $15,000
bonds each, $10,000 each on the robbery
charges and $5000 on the burglary charge.
It was easy sailing for the talent at the track
yesterday, 6ix straißht favorites winning. Tod
bioane and Bob Isorn each rode two of the wiri«
hers. Ledette filly won the opening event, fol
lowed by Mulberry, William Finkerton, Flash
light. Empress of Xorfolk and Realization in
the succeeding races.
BMrs. Eliza Wildrick, 1108 Folsom street,
swore out a warrant in Judge Joachimsen's
court yesterday for the arrest of Joseph Goldy
and Laby Cohn on the charge of petty larceny.
Goldby is an expressman and while he and
Cohn were removing her furniture on March
25, she alleges, they stole a gold watch from a
satchel.
Captain McFee of the Salvation Army has
made a report to the Superintendent of Public
Schools of the goods and money received from
the school children for the city's sick and desti
tute. They contributed nearly $4000 in rup
filies and money, saving hundreds from abso
utewant. Mr. Moulder is much pleased with
the-report. •'..
The suit between the various heirs and ex
ecutors of the estates of L. L. Baker and Robert
Hamilton, the senior members of the old hard
ware firm of Baker & Hamilton, has been
finally settled by the decision of Judge Seawell
jun rendered. The suit was an amicable one,
and was brought tor the purpose of adjudi
cating the rights of all parties, after the death
of the two old hardware men.
The police were notified yesterday of the dis
appearance of Kdward Wen'tworth, "part owner
of the chemical works, 932% Harrison street,
and owner of the American Cafe, 1077 Market
Btreet. He has not been seen since March 27,
and he was despondent at times. It is feared
that he may have committed suicide. He is 62
years of age, « feet 3 inches tall, spare build,
and leans a little forward, full beard, quite
long, and sandy color mixed with gray, blue
eyes. .
The remains of A. Scherfenberg, a tailor
were found hanging from, the window-
Bill of his room at 225 O'Farrell street ye.ster
day by Fred Grambout. The old man had
invested $100 in a German lottery and lost.
He was also behindhand in -his payments on a
sewing-machine, so he grew despondent and
hangod himself. Scherfenberg was GO years
of age, and -little is known about him by the
occupants of the house, although he has lived
Shere for years.
THAT STREET-PAVING JOB.
Mayor Sutro Desires to Be
Fully Advised in Re
gard to It.
WILL LISTEN TO ARGUMENTS,
Citizens Invited to Give Their Views
on the Bituminous-Rock
Ordinance.
The people of San Francisco are not as
a rule easily surprised, but they are sur
prised that such a job as that which passed
the Board of Supervisors by a vote of
eight to four on Monday should be foisted
upon them by their servants. The people are
not only surprised, but they are indignant
at the thought that any eight men could
be found who by their votes would frame
an ordinance that would turn over to the
giant monopoly, the Southern Pacific
Railroad Company, the entire street
paving system for two years— an ordinance
that bars out competition and prevents the
greatest good to the greatest number.
The people had reason to believe that the
Supervisors would as a whole work for
their interest, to the end that there might
be material improvement and advance
ment in this, the metropolis of the Pacific
Coast, but they were surprised beyond
measure that the means by which the
streets might be improved and the
city beautified should be turned over to a*
great corporation, thus depriving the me
chanics and taxpayers of the right to com
pete for work which they undoubtedly are
as capable of performing as any corpora
tion.
By competition the people obtain the
best results in public work and the people
are indignant that an attempt has been
made to shut out competition for at least
two years.
But the people have one hope and that
is that the Mayor will see the "enormity of
the job that is contained in this ordinance
and that he will exercise the power with
which he is vested by placing his veto
npon it.
Mayor Sutro has expressed himself as
■unwilling to act hastily in passing upon
this most important matter and he invites
all persons who are interested in the ordi
nance to appear before him and express
their views for or against it.
This opportunity will give the people the
right to show why the Supervisors should
not deprive them of the right of competi
tion.
When seen yesterday Mayor Sutro said :
"I have made up my mind not to give
any intimation at this time as to what I
may do with the so-called bituminous
pavement ordinance. Whether I shall
veto the ordinance or whether I shall ap
prove it I am not ready to say, but i am
ready to say that I Bhall not reach atiy de
cision until I shall have heard all sides and
can determine what is for the best inter
ests of the city."
It. was suggested that in all matters of
great importance to the people an oppor
tunity should be given them to offer argu
ments for or against a proposition.
"That is what I intend to do. I regard
this as a most important matter, and I
want all the light I can obtain to enable me
to reach a proper determination."
Then after a moment's reflection the
Mayor added: "But you know there is no
particular haste in this matter, and it is
not my desire to act hastily.
"No special time will be set to hear ar
guments for or against the ordinance. I
shall be glad to hear any one who has any
knowledge on the subject at my office in
the new City Hall after 10 o'clock in the
forenoon. It would be a source of great
pleasure if parties representing both sides
would meet there at the same time, so that
/WHETHER I SHALL VETO THE ORDINANCE OR NOT I AM NOT
READY TO SAY, BUT I SHALL NOT REACH ANY DECISION
UNTIL I SHALL HAVE HEARD ALL SIDES," SAID MAYOR SUTRO.
[Sketched by a "Call" artist]
each might hear what the other had to say.
In that way each side would have an op
portunity to refute what the other might
advance."
The Mayor risingto his full height,his face
showing that he felt a deep interest in the
subject under consideration, said: "I
realize that this is a very important mat
ter to the people of this city, and for that
reason am willing to hear full discussion
before reaching any decision, but I will
say this." and tapping the palm of his left
hand with the back of his right by way of
emphasis, "whatever that decision shall
be it will be fair, be it favorable to the
people or be it favorable to the octopus. I
shall be very careful not to allow my per
sonal feelings or my personal interest to
enter into the matter, as I want to do exact
justice to all.
M I understand that it has been said that
this ordinance would give certain parties a
monopoly of street paving. That is an
other point on which I desire information,
and shall study it closely to enable me to
reach a correct conclusion."
At this point Colonel William C. Little,
the Mayor's business agent, entered the
office and overhearing part of the conver
sation, remarked "that ordinance is ille
f;al. The whole matter ought to have been
eft open to competition.'
Responsive to a question the Mayor said :
"I hardly think that I shall take expert
testimony in relation to the material to be
used, as proposed in the ordinance, as I
believe that I am fully advised as to that,
but I want to repeat that it is not my de
sire to act hastily in this matter and that I
will not say anything that any one could
construe as to what I shall do in regard to
the ordinance. I still have a week to con
THE SAN FRANCISCO CALL, THURSDAY, APRIL 4, 1895.
sider this matter and to listen to what the
people have to say."
The bituminous rock order was the sub
ject of an earnest and prolonged conference
yesterday between Mayor Sutro, President
Jordan of the Jordan Bituminous Rock
Paving Company and others, who say that
the order, if allowed to become a law, will
practically abolish competition in the lay
ing of bituminous rock pavements here.
Mr. Jordan said to the Mayor that his
company would be obliged to go out of
business here if such sweeping orders as
the one juat passed were to become laws.
The order in his judgment gave a mo
nopoly of the bueiness to the Santa Cruz
Rock and Paving Company and to the
Southern Pacific.
The objectionable clause in the order is
as follows:
Further, the rock used shall be in the condi
tion as taken from the mines in its natural
state, in bulk and delivered on the streets
where the work is being done, and without
having been previously disintegrated.
After the discussion of the clause pro
and con Mayor Sutro said that he would
certainly investigate the matter thorough
ly. The meeting then adjourned.
It is the opinion of those who are inter
ested that Mayor Sutro will certainly veto
the order and thereby defeat it, as it will
be impossible to secure the necessary nine
votes to pass it over the veto.
The significance of the order, a section
of which has been quoted, is not recog
nized by most readers unless they under
stand the condition of affairs at the pres
ent time. .Bitumen that is laid here comes
I from several mines located in Santa Cruz,
j Kern and San Luis Obispo counties. Every
company operating mines in these coun
ties has been and still is doing business in
this city on a large scale. The greater por
tion of bitumen from San Luis Obispo is
brought here on vessels, and in order that
it might be sacked the crude material is
heated.
It was found necessary to adopt this plan
because the crude material placed in the
j holds of vessels invariably became caked
I to the extent that it could not be removed
without being mined. In order, therefore,
to compete with other companies in the
disposal of bitumen in this city it was
necessary to do that which the new order
just passed by the Board of Supervisors ex
pressly forbids.
Supervisor Dimond said yesterday that
the order would not, in his judgment, be
passed over the Mayor's veto, which, he
thought, could safely be relied upon.
"I do not believe in shutting out compe
tition," said he, "and this order, as it is
now framed, will certainly have that effect.
I have heard a great deal about a combina
tion in this bitumen rock business with the
Southern Pacific, and if the statements of
rival concerns are worth anything there
seems to be some truth in the assertions.
All I can say is that I am opposed to the
order because, in my opinion, it will have
a tendency to destroy competition in the
laying of bituminous rock pavements."
THE SUIT OF A JOCKEY.
Claim Against Horse-Owner Tan Ness
for a Long Series of Winning and
Losing Mounts.
The suit of John McAuliffe, a jockey,
against Frank Van Ness to recover a claim
of $243 alleged to be due for riding the de
fendant's horses in the races at the Bay
District Track was tried before Justice of
the Peace Kerrigan yesterday.
The suit brought into court quite a crowd
of sports and horse-owners, who testified
as to the racetrack regulation? with re
gard to jockeys and their pay.
McAuliffe had filed a bill "for a long suc
cession of mounts, charged at $5 each for
races lost and $25 when winning. He had
also a claim of $53 for services about the
stable at $1 per day.
Secretary Milroy of the Bay District
Track testified that when a boy is em
ployed at the stable regularly his further
compensation for riding a race was $5 for
losing and $10 for winning. When the
driver is not regularly employed, how
ever, the compensation is $10 for races lost
and $25 for races won.
This conflicted with the jockeys' sched
ule of rates. Van Ness had a counter
claim of $75 for fines which he paid for
Auliffe, imposed while riding the horses
of other owners. He had been compelled
to pay these fines in order to place the
driver in position to ride again, as he
could be otherwise barred by the rules.
One of these fines was for "beating th
flag," which McAuliffe testified that he
had done under instructions. This was
not proven, however.
The court gave him judgment for $94 and
costs.
THE BUILDEES' EXCHANGE.
Annual Meeting and Election of Board
of Directors.
The annual election of the Builders' Ex
change was held at the exchange rooms at
16 Post street yesterday. Much interest
was taken in the election, as was shown by
the fact that 265 votes were cast. The polls
opened at 10 o'clock a. m. and closed at 2
p. M. The successful candidates were :
T. B. Sibley, Joseph Wilson, A. Kendall,
"W. B. Anderson, Thomas Elam, O. E.
Brady, Oscar Lewis, Thomas Butcher,
John T. Hayes and James Mclnerney.
Robert Mitchell, S H. Kent and W. B.
Morris were the judges of election.
Oil la Going Up.
There was an advance in the price of coal oil,
gasoline and like commodities yesterday which
visibly affected the market of the world, the
raise being more marked in the East than on
this coast. The reasons given for this sudden
advance in prices are the great increase in ex
ports and the price of crude oil which has been
steadily advancing for the past six months.
SFonouß coin has no ring. Observe the ring
of the Almighty Dollar (Cigar). •
EFFORTS TO AID HOME INDUSTRIES APPRECIATED.
What a Prominent San Francisco Merchant
Says of the "Call."
RAPHAEL'S, 9, 11, 13, 15 Kearny street,
San Francisco, April 3, 1894.
Charles M. Shortridge, Editor and Pro
prietor of the CALL Dear Sir: It affords
me pleasure to call your attention to the
fact that upon my return from the East a few
days since I found that as we approached San
Francisco the CALL was the only paper that
found sale at the stations where the train
stopped. I learned from the dealers also that
it was more in demand than any other San
Francisco journal.
The new CALL and its proprietor were pretty
generally canvassed among the passengers,
and the consensus of opinion was, I assure
you, highly flattering to yourself and to the
great newspaper under your control .
While in the East I heard the CALL talked
of a good deal; while in the past it was well
thought of in business circles there, it now
has a prominence which it never had before.
I like your idea of making the CALL a
thorough California newspaper by devoting the
front page to coast and local news; that was
a very bold and clever move on your part. As
the success of your paper has to be made in
California, I see you are taking the right
means of making it thoroughly Californian
and a champion of Pacific Coast interests.
Wishing you continued prosperity, I am, sin
cerely yours, •
SHERIFF WHELAN ANGRY.
He Objects to the Charges
Made by the State Board
of Examiners.
His Bills Were Not Excessive, but
Were for Actual Expenses
Incurred.
The announcement from Sacramento
that the State Board of Examiners, in pass
ing upon certain bills, had discovered a
mare's nest in regard to exorbitant charges,
which had been made in sworn-to bills
turned in by the Sheriffs of different
counties, caused some feeling in Sheriff j
Whelan's office yesterday. The Sheriff had
been mentioned among those whose bills
had been investigated and cut down.
It was stated that in conveying six boys
to the Preston School of Industry from
this city the Sheriff's bill amounted to $77.
This was reduced to s72 50. Another charge
was $49 for conveying two insane patients
to the asylum at Napa, and this was cut
down to $30 50. The bill of $18 50 for con
veying F. T. Outran to the Napa asylum
was chopped down to $11 50. In each o
these cases the Sheriff had sworn that the
bills were accurate accounts of expenses
incurred, and, according to the reports
from Sacramento, Whelan and other
Sheriffs who had turned in accounts which
were cut down are liable to prosecution for
perjury.
Sheriff Whelan was in an indignant
mood when spoken to yesterday regarding
these reports from the capital. He said :
Why, it is farcical to speak of prosecution in
connection with such matters. I have not
turned in a bill that was not a legitimate one,
and I defy Mr. Pratt or any one else to point to
one single item that is not a proper one" In any |
of my bills.
I know for ft fact that some of my deputies
have paid money out of their own pockets in
necessary cases, and have not included the
same in their expense bills. Take the case of
the six boys who were conveyed to the Preston
School. The Board of Examiners say that the
deputies left lone at 9 o'clock in the morning
and should have arrived here at 4:10 p. M.
Now, the train on which the deputies came
back was delayed at Tracy three hours, and
they did not reach here until after 7 o'clock, j
They took their supper on the boat crossing I
over, and the supper item is one to which the
Board of Examiners took exception.
To my mind the whole thing is a paltry piece
of business. When it comes to scaling our bills j
for two or three dollars and crying out that !
there is something crooked going on I consider
that those engaged in the business might be
better employed.
Take the insanity cases to which they object
in the matter of small items. They simply
want charged the railroad fare and bare meals
on the road. I only wish one of the Board of
Examiners had to take a patient to the asylum !
and undergo what onr Deputy Gl.roy does. I
Some of the patients have to be treated very \
leniently in order that they may not get ob- :
ertreporous and create a scene. If they want I
anything which their disordered fancy may i
suggest to them it it better to get it for them ,
than to have a scene and to cause the deputy
is charge more trouble. My deputy has told |
me of many instances where he has purchased ;
little things out of his own pocket to quiet a ]
lunatic rather than arouse opposition with the '■
unfortunate and create a scene. All these i
things .should be taken into consideration, but j
it is evident that Mr. Pratt, the secretary, or
some one wants to pose as an economist, with
but very little ground upon which to stand. I
know my deputies have turned in honest re- |
ports, and 1 have sworn to them, and I repeat,
that! will stay with them. To talk of indict
ment for perjury is the worst kind of twaddle.
In reality the expense account is not against
the State, but against some of my deputies,
who 1 know have paid out money in many in
stances where no cliHrge was made.
SURPLUS REFINED SUGAR.
It Is Caused, Says a Refiner, by
the Low Tariff in
Force.
A Higher Duty Would Obviate the
Need of the Annual Shut
downs.
The shutting down of the big refineries
in the East, by which some 8000 men were
temporarily thrown out of employment,
will have no effect on the local business of
the Western Sugar Refining Company.
Such is the statement made by Secretary
Robert Osnard of that company. He said :
This shutdown has no particular signifi
cance. I see the dispatches in the p^per vari
ously attributed the cessation of operations to
the breaking of machinery and the large
amount of surplus refined sugar on hand. In
the one case operations will be resumed as soon
as the machinery is repaired, ana in the other
as soon as the stock of surplus sugar has been
reduced. Those shutdowns occur annually,
and we shut fcdown here one or two months
every year. '
The refineries of the country have a capacity
much in excess of what is actually needed
under present conditions, as the low tariff of
40 per cent ad valorem and one-eighth of a
cent per pound on foreign refined sugar is not
a sufficient protection. If the tariff were
higher the home production of sugar would
be encouraged and extended, and California
alone would furnish a much larger supply of
beet sugar.
Our shutdown, for instance, would be much
shorter if it were not that Chinese-grown
sugar refined in Hongkong and imported
from there supplies part of the demand.
Hongkong being a free port the supplies used
by the refineries there cost them much less
than ours, in addition to which they pay only
from $6 to $7 per month to their laborers,
making a little over 10 cents a day in gold,
while we pay our men 20 cents an hour for the
same class of labor.
Knocked Down by a Foreman.
David Cornfoot, 2208?-$ Fillmore street, swore
out a warrant in Judge Joachimsen's court
yesterday for the arrest of "Johu Doe," a fore
man of the Market-street Cable Company, on a
charge of battery. The employes of the com
pany had done some work recently on the
street and yesterday were hauling off the debris.
They only took the large rocks and were leav
ing piles of finer stuff on the roadway. Corn
foot asked the foreman to clear away this stuff
from the front of his residence, but he refused.
Cornfoot got a shovel and was throwing the
stuff among the big rocks, when the foreman
struck him in the face with a club, knocking
him down and leaving a wound to show the
effect of the blow.
SLOSS WANTS A NONSUIT.
The Complaint Does Not State
Facts Enough For an
Action.
Attorney Thomas Admits for Argu
ment the Charges
Made.
The plaintiffs side of the Wasserman-
Sloss case has closed, and Mr. Thomas,
who represents Mr. Sloss, has moved for a
nonsuit and has spent an afternoon in ar
guing upon his case. In his motion he
makes the points that there is no evidence
of fraud on the part of Mr. Sloss ; that the
transaction is at best only a simple breach
of contract, and therefore is barred by the
statute of limitations, and finally that even
were the allegations made in the complaint
true they do not constitute a legal cause of
action.
As to the first contention, Mr. Thomas
argued that fraud, legal or actual, must be
proved by the person making the allega
tion. This, he said, the plaintiff had not
done. He had admitted that there was
no actual fraud on Sloss' part, and there
fore the fraud, if any there were, was merely
constructive fraud. Even this had not
been proven, and it therefore reduced the
action to one for breach of contract, or for
money due, and in both these instances
the statute of limitations barred any claim
which the plaintiff might have.
As to his last contention, that the com
plaint did not state a cause of action,
Thomas admitted for the sake of argument
that what had been charged was actually
true. Granting that Wasserman had sold
the stock to Sloss, he said, it was known
when he did it that it would be used for
purposes which were not exactly contem
plated by open business methods. It was,
in other words, for the purpose of bribery
of one kind if not another, and Was
serman was well aware of the fact. Grant
ing this, he said, the court had no right to
entertain such an action, and must dis
miss it.
The arguments will continue this morn
ing.
THEEE WAS IfO TROUBLE.
The California-Street Railroad With
draws Opposition.
The work of laying the tracks of the
Sutro road across the California-street
Cable Company's roadbed at Central
I avenue, where the trouble occurred on
Tuesday morning, proceeded yesterday
without opposition of any kind. As stated
by the California-street railroad people on
Tuesday they will make no further opposi
tion nor interfere in any way with the
crossline.
All that they want is, according to Super
intendent Harris, a just arrangement so
thac if any damage is caused to their road
bed by the heavy cars of the Cliff House
road they may be secured against loss.
Both sides yesterday seemed in an
amiable frame of mind, and as far as the
California - street Toad is concerned the
Sutro people will probably have no more
trouble. There may be a clash again be
tween the Sutro people and the Market
street Cable Railway Company when the
new tracks reach the spot where there are
several heavily laden cars right in the
line of the track which is to be laid. Mayor
Hutro says the cars have been placed there
in order to cause trouble, and, as there
seems to be no reason why they should be
there, his contention seems reasonable.
Stabbed by a Boy.
George Dreyer, a longshoreman, who lives at
745 Brannan street, was stabbed in the breast
by a boy named William Miller. Miller, who is
a silver-plater, was charged with assault to
commit murder. Dreyer was treated at the
Receiving Hospital.
Langley's Directory is out and is now
being delivered. See it. It's a beauty.
GAGE LEAVES THE BOARD.
He Is No Longer Among the
Southern Pacific's
Directors..
NEW BOABD TO THE FRONT.
C. P. Huntington Will Be Re-Elected
to the Presidency .
To- Day.
The Southern Pacific Company held its
annual meeting yesterday and elected the
following board of directors: Charles F.
Crocker, George Crocker, Thomas H. Hub
bard, C. P. Huntington, H. E. Huntington,
Charles C. Lathrop, N. T. Smith, T. E.
Stillman, John C. Stubbs, A. N. Towne and
Russell J. Wilson.
There were two changes made in the
personnel of the old board, George Crocker
being substituted for his brother. William
H., and Charles C. Lathrop taking the
place of Stephen T. Gage.
Not much significance can be attached
to the first mentioned change, but the
retirement of 8. T. Gage will be in the
nature of a surprise to many.
Since the death of Senator Stanford, Mr.
Gage has gradually drifted to the back
ground in the management of the com
pany's affairs until lately it would be diffi
cult to define his exact position and duties.
It is true that he has been the representa
tive of Mrs. Stanford, but aside from at
tending the meeting of the board of
directors he has cut but little figure in the
executive work about the big budding.
While Mr. Gage cannot be said to have
been in an antagonistic position to the
interests which are now in the ascendent
in the management of the road, it was a
Eretty well recognized fact that his powers
ad been greatly circumscribed, and that
whereas he at one time had enjoyed the dis
tinction and title of president s assistant
he was being gradually relegated to the
rear, the process by which this was accom
plished being unostentatious but remark
ably effective in its operations.
It is but a short time back when "Steve"
Gage, as he is familiarly known, wielded
a wonderful influence. He was possibly
closer to the late Senator Stanford than
any other man, and is in many of his char
acteristics strongly like the Southern Pa
cific's former president.
Like Senator Stanford, Mr. Gage enjoyed
the friendship of hundreds of the em
ployes of the road. He has the faculty of
making friends and retaining tnem.
Wnile in power he was always accessible
to the most humble employe, and it may
be said truthfully that his treatment of
questions which affected their interests
was generally fair.
The retirement of Mr. Gage is not attrib
uted to any disagreement with Mrs. Stan
ford. Mr. Lathrop, who succeeds Mr.
Gage on the board of directors, is a brother
of the lady named, and it is said that he
has suddenly developed unexpected ambi
tions. The ties of blood would naturally
favor him in any desire which he might en
tertain to secure recognition in the coun
cils of the company.
"Steve" Gage has been one of the most
picturesque figures in the history of the
Southern Pacific Company, if the "big
Stephen T. Gag-e.
[From a photograph.]
four" who built it be excepted. He was
born and reared on a farm in what was
known as the Western Reserve in Ohio,
and helped his father till the soil until he
had attained his twenty-first birthday.
In the winter he attended the district
school and in the summer worked on the
farm, at times doing odd jobs about a saw
mill.
After reaching his majority Mr. Gage
caught the gold fever, ana, with hundreds
of other young men, determined to seek
his fortune in the far West. It has long
been his boast that in the trip with an ox
team from St. Joe, Mo., to this State he
made the fastest trip ever accomplished.
He first settled in Placerville and went
to work in a sawmill, where he remained
for a time, but soon turned his attention to
mining, in which he met with but little
success at that time. After a while he was
elected to the Legislature, and while a
member of that body was largely instru
mental in causing the removal of the
county seat from Coloma to "Hangtown" —
as Placerville was then called. He was
afterward Sheriff of the county for a term,
and then turned his attention to freighting
between Placerville and the great mining
camp of Virginia City, in which business
he acquired a comfortable fortune, but
subsequently lost it all in mining specula
tions.
At the time of the building of the Cen
tral Pacific road Senator Stanford brought
Mr. Gage down to Sacramento and subse
quently to this city, where he became the
formers personal representative. After
the death of Mr. Colton he had charge of
the purchase of coal, but when C. P. Hunt
ington assumed power the bureau of pur
chases and supplies was organized and R.
P. Schwerin was placed in charge, reliev
ing Mr. Gage of his duties in that connec
tion.
At yesterday 'B election 1,136,000 shares
out of 1,209,000 outstanding were repre
sented.
The election of president will occur to
day, when the board meets for that pur
pose. It is said that there will be no oppo
sition to the re-election of C. P. Hunting-
NOT A BEILLIANT SUCCESS
The New Red Street Lamps Cannot Be
Distinguished Half a Block
Away.
When the Merchants' Association of this
city, backed up by the officers of the Fire
Department, requested the Board of Su
ptrvisors to have the street lamps nearest
to fire alarm stations painted red and sub
stitute red glass for colorless panes, it
was with the idea that they would prove a
signal by day and a beacon by night to
direct those in case of need to the nearest
Bignal station and save the necessity of
having to inquire on all sides, "Where is
the nearest signal station?"
The frame work of the lamps has been
painted the desired color, the red glass has
taken the place of the white one that
forms the upper part of the lamp, and the
carmine lamps have been placed in proper
position, but they are like a certain militia
company,. of which the captain once said:
"They look well on dress ;>;,rade, but they
are not worth a cent in action." By day
light they look well, but in the night time
they cannot be distinguished from any
other lamp at a distance of half a block.
■ The reason for this is that the red glass
is so far above the light that it does not
show the color, and it is only when one
runs up against one that the difference in
glass can be noticed. These lights should
be so arranged that any one at a distance
of a. block or more could see. that they ay
red ones. As it is now, they are not the
beacons that the promoters thought there
would be. •
Those Flower Peddlers' Licenses. Il'
The License and Orders Committee of tha
Board of Supervisors met yesterday afternoon
and the anteroom and the adjacent hallways
were crowded with applicants and redolent of
certain social strata of Italy and Greece.
• The committee decided not to raise the price
for peddling flowers on the streets, but decided
also not to grant any such licenses free of
charge in the future. The Chief of Police will
also be instructed to not allow flower peddlers
to remain at any one place for anj length of
time.
MARRIED WOMEN'S WILLS.
A Subsequent Marriage Does Not Nullify
Them as In the Case of
Single Women. -
The fight over the will of Clara Q.
Comassi has established a precedent which
may l?e of value to will-making women of
this State. Mrs. Comassi made her will in
June, 1877; her husband died in December,
1878. In May, 1886, she adopted Mabel
Eric and in August of the same year she
married again, but was soon divorced. Tn
July, 1892, she died and her adopted
daughter contested the will successfully in
the.lower court, for it was held that by her
second marriage she nullified tbe will.
The Supreme Court has reversed this de
cision. The statute states that the will of
an unmarried woman is revoked by her
marriage, and as Mrs. Comassi was not
unmarried when she made her will the
case therefore does not come under the
statute.- The fact, as was urged, that her
period of single blessedness between the
death of her first husband and .her mar
riage to the second made her an unmarried
woman before the law, the Supreme Court
refuses to consider.
■» — • —
Traffio Association Meeting.
The Traffic Association held a meeting ye«
terday at which the resignation of Hosmer W.
Leeds as secretary was accepted and Charles M.
Yates was elected to fill the vacancy. There
vas a poor attendance of members and for th'ii
reason action on import ant questions which
are pending was deferred until the next meet*
ing, to be held two weeks hence.
NEW TO-PAY— AMUSEMENTS. *
CALIFORNIA THEATER
Ai. Hay_an_Co. (Incorporated) il'roprietora ■
— -TO-NIGHT-
• Every Evening, Including Sunday,
Matinee Saturday, . •„ •
BELASCO & FYLES* GREAT DRAMA OP ' ■*■
' LOVE AND WAR',- '".' '.
THE GIRL : :
I LEFT •• ';•
BEHIND ME. : ;;,
-■' More Popular Than -EVer.'-
Theater Crowded Nightly,
Management of Chables Fboh_an. '■ ' ' •
SEATS READY TO-DAY" -
FOR NEXT WEEK, SECOND AND LAST OF .
"THE GIRL I LEFT BEHIND ME."
M es. Eenestin a Kbklisq Proprietor & Managtt
LAST NIOHTS ! . SECOND WEEK '
RECEIVED LIKE A N_W OPERA. .>
H. M. S. PINAFORE!
Special Matinee Saturday, April 6.
Monday, April B— BOHEMIAN UIKI..
Next Opera-LITTLE ROBINSON CRUSOE. :
Popular Prices— and 500.
MOROSCO'S
GRAND OPERA-HOUSE.
The Handsomest Family Theater In America, .
WALTER MOROSCO... .Sole Lessee and Manager
THIS EVENING AT 8,
AN ELABORATE PRODUCTION
Of Henry Pewit's Greatest Success, :
"BAUDS ACROSS THE SEA %
Last Week and Great Success of
___GUSTAVUS LKVICK
vexing Pbiojks— 26c and 600.
Family .Circle and Gallery, 100.
Matinees Saturday ana Sunday.
Beats on Sale from 9a. — . to 10 p. M. . ~
ORPHEUM.
O'Farrell Street, Between Stockton and Powell. ;
Commencing To-Night, Monday, April *,
9— NINE NEW FACES—
NEW..;. ......THE ELECTRIC QUARTET
NEW.... .....THE DILLON BROS.
NEW...............MAKT1NNETT1K BROS.
And retained In New Acts, making an Entirely ■. ;
. - New Programme, •
THE N AWNS,
JOHN A. COL EM AN,
BKUET and RIVIERE,
. KALKASA.
MAZUZ AND ABACCO.
LIN A AND VANI,
•; Reserved Seats, 25c; Balcony, lOo; Opera Chain
and Box Seats,' 60c. ,
CIRCUS ROYAL
And Venetian Water Carnival,
-■• Corner Eddy and Mason streets. ' f.r,-
CLIFF PHILLIPS . .......Proprietor and Manager ;
GRANDEST amusement ENTER-
PRISE IN AMERICA I
Bareback and Fancy Riding. Lofty and Ground
Tumbling by the Champions of the World. ■ Aerial
and Acrobatic ' Acts by . the best artists known to
the profession. Gorgeous Aquatic Pageant. Pyro-
technic and Electric Novelties.; Feats of Swim-
ming by the World's Champions. Specialties by
Europe's Greatest Artists.
Commencing Saturday Evening, April 6th.
- Box-sheet opens at Joy's Drug-store, Baldwin '
Hotel, Monday, April 1.
THE MOZART SYMPHONY CLUB
v OH 1 NEW "STORK ,
At the Young Men's Christian Association "Audi-
torium, Mason and Ellis streets, .THURSDAY?
EVENING, April • 11. First appearance of this
: world-renowned | Musical Club, consisting of the -
following artists: Otto Lund, violin soloist; Theo. 5
Hocta, violin: Richard Stoelzer. viola; I Mario Bio- 1
deck, violoncello: assisted by Miss Cecilia Braenis,
Mile. Zoe de Vielle. Tickets, 50 cents to all parts of
the house; on sale at Sherman, Clay A Co.'s. This •'
will be the musical treat of the season. They have J'
been playing to crowded houses throughout the
country. -■■■^■>; _:.■->•,':■ '.y..''''- -.■...••,'•■ :''.'.'■'■
MACDONOUGH THEATER '
j , • (OAKLAND).
Three '■. Nights, beginning TO-NIGHT,
EMILY .BAXCKKB
And Co., presenting the Big Musical Comedy Hit,
"OUR FLAT."
- Popular Prices Secure your seats. . .
RUNNING _A_*a_. - RUNNING 1 '
RACES ! _^|®___. RACES I
: CALIFORNIA JOCKEY CLUB RACES,
WINTER MEETING.
r BAY DISTRICT TRACK,
COMMENCING SATURDAY, OCT. 27, 1894.
Races Monday, Tuesday. Wednesday,
Thursday. Friday and Saturday— K»i«
or Shine.
•. A Five or more races each day. Races, start ?at 3 i
p. m. sharp. '- McAllister and Geary street cars paaa .>
tae gate.
7
