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WATER ON THE HEIGHTS Prospects of a Spring Valley Supply by the First of July. FROM THE BAY TO THE SEA. Army Street, When Extended, Will Prove a Great Boon to South San Francisco. Prospects are fair just now for water on all the high land between Twenty-fifth street and the old San Jose road and ex tending from the Almshouse to Xoe street, unless some reason is found by the Spring j Valley Water Company for not complet ing its supply system. The water com- i pany has been working under its agree- i ment to have water there by July, and the pumping works on the corner of Sixteenth and Toad streets is about completed. This i? an immense two and a half story brick plant and will distribute the water from the Clarendon Heights reservoir, which was built last year, to the entire plateau; and that means much for the future of the Fairmount tract, Bernal Heights, Ashbury Heights and Pacific Heights. The tunneling up Sixteenth street, south of Sutro's monument, to the reservoir is practically finished, twenty four inch iron pipes having been put in. This water question has been for years trying to the patience of Thomas V. O'Brien, A. S. Baldwin, Major B. Mc- Kinne, George D. Shadbourn'e, the Mc- Afees and others largely interested. Eventually a proposition to lower the company's, water rate* was considered in connection with it, with the result that the Board of Supervisors made the ex tension of the supply imperative, con ditioned upon an agreement not to lower thf 1 company's rates. Mr. O'Hrien said yesterday afternoon: This tableland is virtually the geographical of the City. Owing to its being without vr;i r so long the City has grown all around it to the ocean and the County line, leaving the plateau with little or no residents, yet it is one of The finest residence sections one could find. ll ad there been any water supply it would, no have been well populated by this time. Why, think of it, Behrend Joost's electric line ciimbcd up the hill and over the saddle orth of Twin Peaks before a water pipe was laid there! I understand the extension of the supply i\iU cost the company between $60,000 and $70,000. yet I will venture to say it will in time prove a splendid investment for it. There is only one thing now that stands in the way; that is the grade from Twenty-sixth Etreet out Diamond to Thirtieth street. The y\pt-s run out ''orbett road to Twenty-sixth, thence alone Twenty-sixth to Diamond, and thence to Thirtieth. I believe the company has now an application before the board to have this grade put through so that it can pro ceed with the work of laying pipes. Mr. O'Brien is of the opinion that Army ttreet. now being extended from Belleview street clean to the bay at the Potrero, will prove a positive boon to Southern San Francisco. Were Army street to run about 600 feet further to the Ocean House road, he says, it would make a straight cross town thoroughfare from the bay to the ocean. It is necessary to deflect, at Twenty-sixth street, however, to avoid the hill there. Concerning this, he said : The entire thoroughfare is almost level, there being hardly more than a six per cent grade from bay to ocean. Army street is 66 feet wide, with the exception of a portion between Valen cia street and the San Bruno road. We have had the sidewalks narrowed down to a width of twelve feet between Missouri street and the bay, so as to allow plenty of room for a street railway. I believe in time the Harbor Commissioners will see the advisability of havinp a seavrall extended around to the Tslafs Creek channel, and the putting in of a dock there. It would be an immense advantage to the southern por tion of the City. You see there is no chance any other crosstown roadway between Sixteenth and Army streets and there is no ether roadway Into South San Francisco other than Fifteenth avenue. 1 have talked over the proposition to have a wharf at the mouth of Islais Creek with Har bor Commissioner Chadbourne. He said it would have to come some time, but that the commission was doing a great deal for the north end just now and we would have to wait. It was, however, only a question of time and money, he assured me. Some yean ago Mars den Manson ofl'ered to build a seawall around Jslaib ( re'>k free of cost to the State, provided he con Id have all the land that%vould be re claimed by it. He said there was big money I I am satisfied that the commerce of San Frenciseo will eventually make it imperative in thi> seawall and dock, which will probably be the next thing taken np after the China Basin question shall have been settled. There is a movement on foot to have Twenty-filth street opened at Guerrero, only one house and several old stables in the way. This is all the obstruc tion there is between Potrero avenue and the base of Twin Peaks. Switches t;re being put in at Mission and Church streets, on the Sixteenth-street electric line. The canvass of the Folsom-street boule vard projectors among the residents of that street, below Third, yesterday, was very successful. All the business men and property-owners were found in favor of it. Conductors on the San Francisco and San Mateo electric line now have the regu lation register punches. A large hotel is in pro=neet on the sore at Valencia, Market and Herman streets. Company B, League of the Cross Cadets, will have a social time at St. Charles Hall, on Eighteenth and Shotwell streets, to night. Mission Council No. 3, Young Men's In stitute, will celebrate the tenth anniver sary of its organization on the loth in st., with a banquet at Mission Parlor Hall. PAWNBROKERS IN TROUBLE ■ Suit Against «J. X>. Solonian and Adolph 3rendel»ohn for Peculiar TVaja of Liquidating Debt*. A complaint was filed yesterday in Judge Hunt's department of the Superior Court by R. I. Whelan against the firm of J. L. Soloman & Co., 622 Kearny street, in solvent debtors, for feloniously concealing personal property with the intent to "cheat, hinder and delay creditors." Last November J. L. Solonian and Adolph Men delsohn were doing business under the firm name of the "Lombard Loan Office," its dealers in jewelry and as general pawn brokers. They were at that time in debt to many persons in this State and the East to the sum of $90,000, of which about $45,000 was .secured by the hypothecation of their : stock at 622 Kearny" street, and the balance of the amount, $45/JOO, was unsecured. At this time Mendelsohn commenced suit against Soloman i<> dissolve the part nership on the ground that Soloman had been contracting debts under the iirm name unknown" to himself and without his consent. Julius L. Franklin wa3 appointed re ceiver upon an ex parte proceeding, but December 30, 1894. Mendelsohn had the proceedings dismissed and they continued business as before. While the action for dissolution of part nership was pending the parties connected tiled a joint i>etition in insolvency and placed their assets at $1.">,500, but in De cember 13, 1894, they again had the pro ceedings dismissed, called a meeting of their creditors ' and compromised at 25 cents on the dollar. For 15 per cent they gave notes and the remaining 10 per cent th^y gave in cash. The plaintiff charges that prior to the commencement of these legal proceedings the defendants carried away from their store a Jarge amount of diamonds and jewelry. After they had compromised with their creditors, all of the collaterals which had been removed again made their appearance, but the firm then went under the name of the "Lombard. Loan Com pany," and their place of business was moved to 1016 Market street. They are now posing, it is alleged, as a corporation for the purpose of concealing their identity as the firm which was located at 622 Kearny street. On the 24th ult. they commenced new insolvency proceedings and alleged that they had no assets at all and asked the court to exempt them from paying the very debts which they compromised for in December last. On December 10, 1894, Judas Boas, a creditor, commenced an action to recover $2750 as the balance due on a promissory note, which had been accepted by Mr. Boas from the Lombard Loan Company. Boas had a writ of attachment issued and the Sheriff attached the stock to the value of $10,000. K. I. Whelah was appointed receiver in the last insolvency proceedings but is unable to procure the possession of tne goods. He claims that unless something is soon done in the matter the defendants will fraudulently transfer the property. The plaintiff is represented by H. C. Dibble and Gordon & Young and the Sheriff is represented by Reddy, Campbell & Metson. WILL GO TO THE COURTS Action to Be Commenced Against the Market-Street Railway. Church -Street Property - Owners Employ Mr. Van Duzer as Their Counsel. Quo warranto proceedings are to be com menced at an early date against the Mar ket-street Railway Company to compel it to show by what right it holds the Church street franchise. Attorney A. P. Van Duzer was appointed last night for that purpose by the Church-street Improvement Club, at a citizens' meeting in Duvenecks Hall, near the corner of Church and Twenty fourth streets. A. R. Gunnison called the meeting to order and related the facts of the Church stftet grab, and reviewed the history of the efforts of Church-street property-owners to secure a street railway all the way out to Thirtieth street. About three years ago the sum of $1900 was raised by the Church street Improvement Club for the purchase of a right of way through the Leroy estate, from Ridley to Sixteenth streets, occupied by Chinese gardeners. To this amount the i City added $600, and the right of way thus secured became a public highway, with an understanding that if a street railway franchise was granted it should be for a line all the way out Church street to j Thirtieth. The story of the Church-street grab, about two months ago, is well known ] to the readers of the Call. The Church-street people claim that the Market-street Company had promised to run its electric line out to Thirtieth street. but backed out after securing possession of i the three blocks from Ridley street to Six- | teenth. By securing the right of way for ] a street through the Leroy estate they say I they fulfilled their part of the agreement, which was to get Church street opened all the way to Market. On the other hand, the street railway company argues that it would be a physical impossibility for its electric-cars to climb the hill from Nine teenth street to Twenty-first. The meeting was pretty well attended, j and about all that could be said was said ; by Mr. Gunnison, C. E. Myers, who pre sided, and the other speakers. Mr. Van Du«er himself was present, and laid down the law, contrasting the provisions of the act of March 3, 1&3, with the advertise ment of the franchise as published. "According to the law," explained Mr. Van Duzer, "the notice should state the length of time for which the franchise was to be granted; the streets on which it was to run, the nature of the franchise — that is, whether cable, electric, telegraph or other wise, and the law also says that it is to be sold to the highest bidder. But the phrase ology of the advertisement made it useless | for any other company than the Market- j street Railway to bid. It read thus: " From a connection with the line of the Market-street Railway Company to Six teenth street at or near its intersection with Church street, thence along and upon Church street to Ridley, and thence afong and upon Ridley street to Fillmore to a connection with the line of the Mar ket-street Railway Company on Fillmore street at or near the intersection of Ridley street.' "Of course, no other company would. put ; in a bid on any proposition like that." Mr. Gunnison expressed the sense of the meeting when he stated that it was irama- \ terial what company had the franchise, so I long as tney got a I'ne all the way out Church street to Thirtieth. It was con cluded that there was only one way to go about the matter, namely: a lawsuit. Ac- ; cordingly Mr. Van Duzer was chosen as ; counsel "and promised to begin proceed- i ings at once. A committee to raise money j enough to defray expenses of a legal con test was chosen in the following, who will ■ report progress next Thursday night: A. J R. Gunnison, J. J. "Woodhouse, B. Cox, T V Hegerty, W. Tegeler, R. B. Beall, D. Hoffmann, P\ C. Btrahle, H. Hewelcke and P. McMurray. "Wanted to Wave. It was ten minutes before traintime. "You can't paps through here without a ticket, madam," said the ticket-taker. '•But I want to wave." "Can't help it," said the ticket-taker. | "Step aside and let the others pass." The diminutive woman addressed gath ered herself together and clutched her companion by the arm as she replied: "I've come here to wave and I'm going to wave. This is my sister Arimita, who has j been a-visitin' me for three weeks, and she'd been here longer if she hadn't lost flesh so fast, and I was afraid that if she stayed any longer she'd eet to be a livin' skeleton; and then she was away irom home and didn't know what might happen ! to tbe children while she was gone, so in j spite of everything they could do to keep her she just packed up her duds this morning and said she must go back home. "Don't interrupt me, for I don't know I when I will see Arimita again, it's so sel dom that she can get away from home to visit me; and I can't get away from the city, although I'd like to ever so much, for I've only been here three months, and it's dreadful hard gittin' around on the pave ments, and I am jest mortally tired to death all the time, what with the noise and excitement and the goings on of my relatives here; but they will have me stay, and Arimita would come too if it wasn't j for the children; but they are going lo school, you know, and take so much care, Jake especially, though he is a good boy when he isn't in mischief; and I know Arimita will be glad to get back again, though I must say I want her to stay powerful bad, and " "Pass through!" roared the ticket-taker. And as he saw the superintendent of the road In the far corner of the room glancing at him fnrtively out of the corner of his eye, be added, reflectively, to himself, "What 'a the use of trying to keep a job like this, anyway /"—Harper's Magazine. The Kent of Women. The landlady had done something that the boarder didn't like, and he was telling his roommate about it in rather vigorous language. •My mar fellow, said the roommate, "she didn't do it intentionally." •I think she did." "Oh, no ! It was a mistake." "Well, she had no right to make such a mistake." "But, my dear fellow, the best of women make mistakes." "Maybe they do, but I don't think she's as good as alf that."— Detroit Free Press. lii Great Britain on an average nineteen nersons ont of every 100 committed on the charge of murder are executed. THE SAN FRANCISCO CALL, FRIDAY, MAY 10, 1895. FOR THE NEW UNIVERSITY Trustees Stir Up the Affairs of the Old University of the Pacific. NEW MEMBERS OF THE FACULTY The San Jos© College of Liberal Arts Will Soon Have Life and Vigor. The board of trustees of the University of the Pacific met at the university's office in the Y. M. C. A. building in this City yesterday morning. Nearly all the board were present, there being a notable in crease of new faces, the newly elected trustees having taken their seats. Important business, which affected the educational standard of the school, was transacted. The day was spent in bearing the report of the treasurers from the uni versity and from Napa College, the forma tion of the articles of incorporation for the combined institutions, the report of the chancellor, the consideration of the ques tion of granting degrees and the consid eration of the financial situation. The treasurers of both schools reported the financial Btatus of the respective insti tutions good, considering the condition of the financial market. There will be but a small deficit in the funds. A great deal of time was spent upon the articles of incor poration as it was necessary for these to be ready and to be filed before commence ment day, because if they were not the diplomas would legally have to be issued under the old name, University of the Pacihc, while if the incorporation articles are filed the diplomas at this end will have upon them "University of the Pacific, San Jo.se College of Liberal Arts." The chancellor reported his work as pro gressing finely. Forty-two thousand dol lars of the $50,000 necessary to liquidate the debt has been secured, also f 10,000 fcr an endowment fund, the interest accruing from which is being used to help students pursuing the classical course. The chan cellor also said that not nearly all his ter ritory had been covered, and that there would be no trouble in raising the remain ing amount. One trustee thinks that before conference convenes again Dr. Jewell will have raised, takine into consideration the money secured for endowment funds, over $"75,000. This same gentleman stated i a short while ago that he was cognizant of j several persons who had willed quite large i snms to the university, the amounts ranging from $5000 to $20,000. As to the granting of the degrees of Ph.D. and M.A. a consensus of opinion I existed that they should be only granted i in the future on the condition that the ap | plicant has completed the prescribed post ] graduate course, which was by the action of the board advanced considerably. So ! only those who have taken the course and passed satisfactory examinations will henceforth be granted these advanced de grees. As to the granting of any honorary degrees, it was deemed expedient by the ! board that no more be granted, at least I not for a number of years. When the financial question was brought j np for consideration it was found the de ficit in the running expenses was quite small, and it was the unanimous opinion of the board that the deficiency would be readily made up. The shortage, from the sentiment expressed, would be covered by the members of the board if the income would not be sufficient. To-day the board completes its business. The matters for discussion tor to-day will be the supplying of the positions declared vacant at the former meeting of the board, and all matters pertaining to the running affairs of the institution. There was a meeting held by the executive committee of the board last week in San Francisco, at ] which selections of teachers were made, i although they have not before been an nounced. The most startling announcement to the students and friends of the institution will be that Professor M. 8. Cross, who for the last three years has occupied the chair of ancient languages at the university, hag been selected as dean of the school. Pro fessor Cross will occupy the position now held by Dean Sawyer. In the academic faculty Professor Camp- I bell has been elected to fill the chair in the ! commercial department. Professor Aitken, i who for the last four years has occupied i the position as principal of the academy, j will retain that office, but will not live in I East hall, as heretofore. He will still oc cupy the chair of college mathematics. The chair of history and literature will be i filled by Professor' Hunt, who was form : erly a professor in Napa College and wus i granted a leave of absence to take a j post-graduate course in John Hopkins i university. It is understood that he will I teach the branches of his department in I San Jose one semester and then will go to I Napa college and teach them there the fol lowing semester. Mr. Campbell and Miss I Bessie Mayne will teach the history ! branches in* the academy next term. Miss i Bessie Mayne will also occupy the position of preceptress. The places which will be left vacant by the retirement of Professor i AValter Perkins and Mrs. Hillman Smith i will also be supplied by the board to-day. ! It is said Mrs. Roberts, who has been ma • tron for four months, will also be retired ' to-day. TO SHOW A CONSPIRACY. C. A. Loomis Tells How the McClintock Shooting Was Kept Secret. Mrs. Mabel Treadweli Approved the Wounding of the Detective In Her Rooms. The suit of C. A. Loomis against Calvin Somers in the Superior Court continues to yield considerable interest. Yesterday the examination of Fisher Ames was concluded, telling of his first knowledge of the shooting of Detective McOJintock by Loomis, which had been kept secret from March in the year of its occurrence until June. In order to ward off the plea of defendant that he acted under the advice of his attorney it was brought out by counsel that in the case of Ames vs. Treadwell for fee for services Mrs. Treadwell and Bomers had denied that Ames had been employed in the case of Loomis vs. Treadwell. It was also shown that homers will plead that his meeting with Buckley was not at the Re ception by appointment, but occurred on Geary street by accident. C. A. Loomis afterward resumed his testimony as to what took place after he Iki'l shot McClintock at the Russ House. He had taken care of the wounded man and called in Dr. McNutt. Loomis had told McClintock that he ought not to have made aggressive motions, and then the two shook hands before the physician. Then McClintock, who was wounded in the face and could not speak, wrote two notes asking Somers ami Loomis to give ont that he had been wfcunded in a car riage accident and to keep the real circum stances secret from his wife. Somers had pocketed the notes, remarking that if the real circumstances came out they would come in well. Bomers had promised to stand by Loomis in the event of trouble and get him bail at once. Afterward Loomis had gone to apologize to Mrs. Treadwell for shooting a man in her rooms. "Oh, that's all right," had replied Mrs. Treadwell; "you ought to have killed him." Things went on quietly from March until June, when the relations between Mrs. Treadwell, Loomis and Somers be came strained. The shooting affair became public property and Loomis went to Mrs. Treadwell, said he intended to surrender himself and asked her to stand by him. She had refused, but said that "Cal" (meaning Somers) had a few thousand dollars and would stand by him. "What else did she say to you at that time?" asked Attorney Mhoon. But Somers' attorney, Rix, objected, on the ground that there was no evidence of a conspiracy between Somers and Mrs. Treadwell and that any declaration of Mrs. Treadwell could not bind Somers. This was a nice point. The jury was excused, and counsel argued it for the re mainder of the clay. Tne main object was to prove "probable cause." Finally the court decided that there was enough "probable cause" to admit the question in controversy and the case went over until to-day. AMONG THE YACHTSMEN. A General Overhauling of the White Wings of San Fran cisco Bay. The Ramona Beautified—Reminis cences of Commodores of the Past. Masts were scraped and decks holystoned and sails scoured this week in the yacht fleet, for the merry western breezes have come to stay, and the winter calms have gone to the land of doldrums. On Thurs day last the White Wings, which James V. Coleman has chartered for the season, and which now flies that veteran yachts man's private signal at the main, came off ! the ways at South San Francisco. The i White Wings has been thoroughly over- J hauled, new woodwork introduced where | needed, and is now one of the daintiest, as i she has always been one of the sturdiest, | boats in the fleet. Captain Chittenden has worked in co-operation with Mr. Cole man's ideas of how a first-class yac't j should look, and the result is more than satisfactory. The Ramona has Deen beautified by Commodore McCarthy until she looks like j a debutante about to Btep into her first ballroom. The graceful lines of this beau tiful yacht have been accentuated with paint, scraper and polish, and her sym metrical spars are so aright that they actu ally mirror the green background of the Sausalito hills. Mac is a sailor from the ground up. It was of him a local bard wrote: The winds may blow, the billows flow, The stout boat rock and reel, Wi>re not afraid, for well we know, McCarthy's at the wheel. This versical raconteur went on to de scribe a yachting party on the Ramona when The pretty girls, tbey came on board, In silks and muslins dressed. Oh ! some were blonde and some brunette, And some wore muslin vests. Huzza! huzza! the anchor's weighed. And on an even keel, A nay the good yacht glides, and lo! McCarthy's nt the wheel. What Captain Brooks has done to the ! Chispa shows how fond that stout tar is of i the timbers he has co long called home, j Commodore Gutte, whose sails are bent i all the year round, for the Chispa is never out of commission, swears by his starry toplights and topgallant eyebrows that the Chispa should, metaphorically, "walk in silk attire and filler have to spare," and that tough seaman has nobly kept his word. If any man in the world, not excepting in any yacht or sailing in any waters, gets more fun out of his boat than Commodore Gutte be must be double ballasted with gray matter. lie has plowed the waters of ftaccoon Straits so long and so faithfully that it would not be surprising to see a crop of barnacles adorn the surface of the booming current. The Tejssie, with whom Commodore Mac donouijh takes modest Sunday trips, though withal the old man sails a boat handsomely, is the perfection of grace and trimness as sbe lies at her moorings. Her flush deck is so comfortable and roomy that one cannot but regret the harbor has not more yachts of her class and build. The Lurline, the Frolic, the Aggie— all the good old-timers— have been freshened up and will give their canvas to the breeze to-morrow. The Annie, Commodore Caduc's pet, famous by the part she played in helping the notorious Boss Tweed to escape, shines up fresh and comely this season as if she were launched only a week ago. These boats with oaken ribs defy time and decay, and only mellow in place of growing weaker with years and service. Not many of the yachtsmen who held the spokes aboard their own craft to-day go back to the early "seventies," when the first yacht club house was built on Long Bridge to the leeward of unsavory Butchertown. Samuel Platt of Platt'a Hall was the first commodore, and clam bakes and clam chowders were at that period in their infancy on the coast. As l ii judge of this succulent dish Commodore Platt had no peer, but his seamanship was not even theoretical. He was an easy going, good-natured old gentleman, and was most conscientious in his attendance at the everv-Saturday chowder. Eckley, l)r. Tucker and Captain Moody were then the representative yachtsmen of the time. Eckley had the Emerald and Dr. Tucker the schooner Minnie, while Captain Moody took a wheel all around. Stewart Menzies was the proud com mander of a steam launch, Dr. Merritt built the Casco and Ed Wiener sailed the Startled Fawn, which afterward became the Seven Bells under Captain Shelley's ownership. Charles Yale, Georee Brom ley and Captain Dick Ogden were promi nent in the club. Captain Ogden labored hard to make yachting popular, and may be considered one of the patriarchs of the pastime in these waters. Captain Richard Floyd brought out the big Ariel, a keel schooner, but she never wae a success. Even Floyd, who was an old sailor, became disgusted with her, and she lay for many months in Richardsons Bay until purchased for the sealing trade in the north seas. She was clumsy in stays, With a trick of hanging in the wind's eve* which was not pleasant when tacking on a lee shore. Of those ancient yachtsmen Dr. Tucker and Dr. Merritt are dead, Eckley has given up sailing. Charley Yale is as enthusiastic as ever and the veteran Cap tain Moody still delights to sit in the lee of the San Francisco Yacht Club and watch the sport which he has loved so dearly and has done so much to promote. Dan O'Conneli,. A Derelict Barge. The Merchants' Exchange last night received a dispatch from Port Ilarford reporting that the tug Tiger, O'Xeill captain, had arrived from San Francisco and that at 2 a. m. yesterday at about ten miles south of Point Hur, a heavy northwest galo forced the aban donment of a barge the Tiger whs towing to Port Hartord for use in the lumber improve ment work there. The barge was a large one and Is now a derelict. Debate on Woman Suffrage. The Garfleld Lyceum of the Second Unitarian Church will hold a debate this evening. The proposition before the meeting will be: Re solved, That the granting of suffrage to -women will be detrimental to the United State?. Movements of the Mayor. Mayor Sutro left yesterday for Santa Rosa, to attend the rose festival. From Santa Rosa he will go to his ranch in N'apa County. He will not be at his office in the City Hall until Mon day morning. Pope Leo XIII does not wear the real tiara on solemn occasions, but a papier mache imitation, as the tiara itself is much too heavy. NOT OUT OF THE TOILS Huntington May Be Arrested if He Comes to San Francisco. HIS CASE NOT DISMISSED. The Indictment Is Still In Full Force and an Alias Warrant Can Be Used. Collis P. Huntington may not escape after all. Should he arrive in San Fran cisco to-morrow the chances are that an "alias" warrant would be placed in the hands of United States Marshal Baldwin and the railroad magnate would at once be brought before Judge Morrow to answer the charge of issuing a free pass to Frank M. Stone and thus committing a breach of the interstate commerce law. Judge Addison Brown of the United States District Court in New York denied the application for a writ of removal on the ground that the indictment was fatally defective, because it did not set forth that use had been made of the pass, and that transportation had been furnished under it. Still because Judge Brown refused an order of removal it does not follow that should Huntington ever come within the jurisdiction of the Ninth Judicial District he will not be arrested. On this point United States District Attorney Foote re fused to make a positive statement yester day, saying he preferred waiting the re turn of J udge Morrow, who is away on account of sickness. When asked whether the indictmeut against Huntington would be dropped, ! Mr. Foote said : I have not made up niy mind as to what will I be eventually done. Should the gentleman arrive in San Francisco to-morrow I am in clined to think that an alias -warrant would be issued and the Marshal would arrest him. Now, as to that warrant being fatally de fective, 1 cannot say anything until I see the full text of Judge Brown's opinion. In the tel egraphic report he is quoted as saying: "A free ticket or free pass not used is not trans portation; it is not a preference or advantage to the holder, nor any prejudice nor disad vantage to others. This precise point was so adjudged by the Interstate Commerce Com mission in the case of Griffee against the Chi cago, Burlington and Quincy Railroad Com pany." That is practically the position of the Stone case. There is not a little of evidence that the pass was ever used outside the. State. Of Course It is in evidence that the holder of the pass started for Ashland, but he got off at Redlands and staved there. But he intended going. Intent! Why, intent is no crime. I might start out with the intention of burning down your house, but if I stopped two blocks, away and came to the conclusion that I had better not, do you think you could have me arrested as an Incendiary? Why, if I had incorporated such a clause as that in the indictment I would have been the laughing-stock of every lawyer in the City. On that point Judge Brown says: "The issuing of a free pass for a purpose not allowable is doubtless prima facie evidence of intent to furnish unlawfully free transporta tion; but there is nothing in the act that makes crimiual the intent alone, or the mere issuing of a free pass without any actual transpartation under it." Huntington may be guilty of the intent, but as the pass was not used outside of the State of California I do not think there was any breach of the interstate commerce law. Still there peems to be some doubt on the subject, and should Huutington come here and Judge Mor row concur, we will settle the point. In regard to this matter I advised the Grand Jury that there was uo case against the presi dent of the railroad, but Judge Morrow over ruled me, and the indictmeut was found. I was particularly careful in drawing the docu ment, and inserted the fact that the pass cov ered all the points between San Francisco, Og den, Portland and New Orleans. I could not aver that the transportation outside of the State had been furnished under it because there was no evidence to that effect. When Judfre Morrow returns a confer ence will be held to determine what course shall be pursued by the officers in this City. FRENCH COLONY EXCITED. Stormy Scene at the Mutual Benevolent Society Meeting. R. Chartrey Explains Why He Did Not Resent Being: Called a Liar. The trouble that originated in the meet ing of the French Mutual Benevolent So ciety in Union-square Hall last Sunday, during which J. A. Bergerot questioned K. Chartrey's veracity, has found its way into the French newspaper of this City, and it has been the talk of the French col ony since the occurrence. Mr. Chartrey is vice-president of the Joshua Hendy Foun dry and Mr. Bergerot, the father of Attor ney P. A. Bergerot, is an old-time resident of this City. At the time the offensive word was used Mr. Chartrey did not resent it, but on the following day he wrote a letter to the Franco-Calilornien, of which the following is a translation: Last Sunday at the meeting of the French Mutual Benevolent Society, as I was expressing 1 my opinion in retard to "the distribution be fore an election of sample ballots— when, with out any reason for the act, as I was not ad dressing myself to any one in particular and only citing facts and' saying that there had beenacertaiu list that had seven names on it, I but that the name of our president wah not ! upon it, and that I had seen several such i lists — a member arose, just as if 1 had thrown 1 a bomb, and pretended that I was not speaking the truth. Why the earnestness of the member? Did he feel guilty? I will say simply that it is not enough to tail a person a liar; the accusation must be backed Dy proof. The means are simple; the lists I allude to are still in the office of the so ciety, seated in the election urn. With the permission of the president we could count them and see who is right. It I did not reply during the meeting it was that I wished to maintain the dignity of the. assemblage. It is, however, to be regretted that a member cannot *peak to a question without the risk of bf ing insulted. R. CHASntKT. In answer to the above the following appeared yesterday : I note a communication signed R. Chartrey which appeared this morning in Le Franco and which is directed against me. Being very busy to-day, I will send my reply later. J. a. Bergerot. Mr. Bergerot said yesterday that he in tended to reply to Mr. Chartrey 's letter, and would show that the position he as sumed in the meeting in the heat of pas sion, while not dignified, was correct. "I expected," said he, "that the presi dent would ask me to leave the room for the language I had used, and if he had done so I would have retired, but I never would have retracted the words I uttered. Mr. Chartrey in his letter does not set forth what he did say. He said that he had seen a hundred lists with seven names on each, and the name of the presi dent was not on them ; that these lists were the work of a coterie. Now. I am willing to bet $1000, providing the election urn and lists have not been tam pered with since the election, that he can hot find a hundred such lists, and if he covers my bet I will turn the money over to the society for its benefit, as I know that I would win." Mr. Bergerot intimated that the attack is the outgrowth of personal feeling arising out of the fact that Mr. Chartrey was one of a committee of fifteen to superintend the building of the hospital. The speaker said that he had been instrumental in having experts appointed to examine the founda tion which Mr. Chartrey and his co-corn NEW TO-PAY-PRY GOODS. ,_. SURPLUS STOCK SALE FOR TO-DAY'S TRADE Ladies who fail to take advantage of the STARTLING BAR- GAINS OFFERED TO-DAY will miss A RARE MONEY-SAVING OPPORTUNITY, for the goods are all NEW AND SEASONA- BLE and would be GOOD VALUE AT NEARLY DOUBLE THESE PRICES! — ; HANDKERCHIEFS! HANDKERCHIEFS ! At IS Cents Faoh. LADIES' SHEER WHITE LAWN HANDKERCHIEFS, hand-embroidered in deli- cate colors and trimmed with Valenciennes lace edge, regular price 30c. LACES! LACES! LACES! .A.t. SO Cents a, Yard. ISIGNY NET TOP POINT DE VENISE LACE, 9 inches wide, regular price 50c. LADIES' GOWNS ! At 35 1.00. LADIES' GOWNS, made of heavy mnslin, box-plaited back, sailor collar and Jabot of tfine embroidery, regular price'sl 50, will be otfered at $1 each. LADIES' WAISTS ! AX * .00. LADIES' WAIBTS, made of French percale, laundered collar and cuffs, yoke back, with fine tucks into waist, full sleeves, regular price $1 50, will be offered at $1 each. ribbons! RIBBONS I At 5 Cents. No. 7 ALL-SILK, SATIN AND GROS-GRAIN RIBBONS, in assorted colors, will be offered at sc. At 1O Cents. No. 12 ALL-SILK, SATIN AND GROS-GRAIN RIBBONS, in assorted colors, will be offered at 10c. ■■.... . .... At S5 Cents. FANCY HAT RIBBONS, in stripes, shaded and ombre, value 40c, will be offered at 25c. PARASOLS! PARASOLS. At SO Cents. CARRIAGE PARASOLS, in Gloria silk (lined), in black only, will be offered at 90c. ' GLOVEST" GLOVES! At 41.00. 100 dozen LADIES' 4-BUTTON ENGLISH WALKING GLOVES, in brown and Eng- lish red shades, regular value $1 50, will be offered at $1 a pair. - MEN'S FURNISHINGS! At ISVa Cents. 120 dozen MEN'S FULL-FINISHED CAMELS-HAIR WOOL SOCKS, regular price 25c a pair, will be offered at 16% c. At 35 Cents- -93 dozen MEN'S AND BOYS' UNLAUNDKIED SHIRTS, made with re-enforced all . linen fronts, regularly sold at 50c, will be offered at 35c each. LADIES' UNDERWEAR DEPARTMENT! AX 5O Cents. LADIES' SWISS RIBBED LISLE-THREAD VESTS, low neck and sleeveless, silk finished and silk braided neck and arms, regular price 75c, will be offered at 50c. At 65 Cents. LADIES' WHITE MERINO WOOL VESTS, high neck and long sleeves (drawers to match), guaranteed non-shrinking, regular price $1, will be offered at 65c each. /M/B^^ MURPHY BUILDING, / (/(/ Marßel Street, corner of Jones, / S» A3NT T^R.A.IVrCXSCO- mitteemen has passed upon. The experts found that the concrete, instead of being 5 to 1, was 14 to 1 and 21 to 1 and not up to the specifications. Greeley's Start With Ten Dollars-. One hot day in August, 1831, an ungainly journeyman printer from Erie, Pa., was among tne "arrivals" in New York City. It was Horace Greeley, born twenty years before on a farm in Amherst, X. H. From childhood an insatiable reader, at 10 he had become a prodigy of his native town. His stump-gru Dbing on a farm in Vermont, whither poverty drove the family, his ser vice as printer's devil there, and later as job and newspaper printer at Erie, paid j little. The young man reached the me tropolis with only $10 in his pocket, while the rest of his earthly goods formed a bun dle which he swung in his hand. After long and vain search for work he at last secured a situation so hard that np other printer would take it. In it he wrought twelve or fourteen hours a day at a rate never exceeding $6 a week. After various vicissitudes in job-printing and desultory educational work, where he evinced genius and zeal but no special aptitude for business, Mr. Greeley, in 1841, started the Tribune. For this venture he j had borrowed $1000. The first week's ! losses engulfed nearly half this sum. but I at the end of a year the paper was an j assured success. It soon became the mouthpiece of all the more sober anti slavery sentiment of the time, whether within or without the Whig party, and rose to power with the mighty tide of free soil enthusiasm that swept over the land i after 1850. Greeley and his organ were j the chief founders of the Republican j party, and the most effective molders of its policy. The influence of the paper before and during the war was meal- : culable, far exceeding that of any oth.er gbeet in America. Hardly a Whig or a j Republican voter in all the North that did j not take or read it. It gave tone to the minor organs of the party, and no poli tician on either side acted upon slavery ) without considering what the Tribune : would say.— Scribner's. An Ancient Road. Old Joshua Bates, the town clerk of Braintree, Mass., was on the witness-stand in the court the other day in the Braintree grade-crossing case, and upon being asked as to the age of Commercial street, which it is proposed to carry under the New Haven tracks, produced the records and read the vote of the town laying out the road under date of December 25, 1640. In the Hon. Charles Francis Adams' "Three Episodes in American History" this record also appears, and many other interesting facts as to the road aregiven, sbowingthat it was the first road that connected Plym outh with Boston.— Boston Traveler. Broadening His Education. "Hiram," said Farmer Corntossel to his eldest son, "you're hed right smart o' schoolin'." "Yes, sir." "What's the latest thing ye've I'arnt?" •'To eitract the square root." "Well, thafs very good fur some things. But ez yer goin' ter succeed ter the owner ship of this here farm one o* these days, I reckon we'd go a leetle furder in the prac tical branch o' the subject. You remind me of it when vacation comes an' I'll give ye a few lessons in pullin' stumps."—De troit Free Press. MEN Any Man Who Suffers Or isjustbeginningtosufferfrom the : TRIAL : weakening effects of emissions or : BOTTLE : over-indulgence can be permanently : FBKK. : cured by taking VITAL RESTORA- TIVE. Call or write for SAMPLE BOTTLE. The worst cases cured. Address DR. COOPER, 523 Kearny St., San Francisco. [All Private Diseases Cured.J When ordering please mention '"Call."' heumotism ill and GOUT Have been successfully ireattd for many years la Europ* by the wonderful remedies of the cele- brated Dr. Laville of Paris. IjATJLLK'H COR Quickly and thoroughly remores from the system all causes of acute attacks. LATILLK'3 PILLS Will permanently cnre the most complicated and stubborn ef chronic cases. Pamphlets giving full information sent free by the Agents of th« United States. K. FOUGKBA A CO., 30 North William St.. N. V, mm m an fi n a laxative refreshing f« I A M v m. fruit ln ' pn p - I «Hll*Kj£a very aweable to tak*. "."■■■»"" CONSTIPATION N' ■ hemorrhoids, bile, ■ fc| W\ I g" A| loss of appetite, gastric and 9 s ra intestinal troubles and I II II I b II headache arising from them. A ffllf I AAI K. (tKILLON, ■- Km MI 9 B RI M 33 Rue ties ArchiTeg, ParU, tl It ILi imW II Sold by all Druggists. No Percentage Pharmacy, 953 Market SL The Host fliserable flan. "The most miserable man is the one who is all the time anxious about his health." ... Use Paine'B Celery Compound and keep well and strong. It is not like ordinary remedies— it is medicine. Try it. . ■ Damiana Jllll Bitters vfirtyOrS^jl The Great Mexican Rcraedy. >* v "BE^Sxji^r ' Give* health nnrl streugth t» j^S^dg, iiio besuai Orcana. Depot, 323 Market bt,, S. F. 9