WATER ON THE HEIGHTS
Prospects of a Spring Valley
Supply by the First
FROM THE BAY TO THE SEA.
Army Street, When Extended, Will
Prove a Great Boon to South
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
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
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 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
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
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
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
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
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
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
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
WILL GO TO THE COURTS
Action to Be Commenced
Against the Market-Street
Church -Street Property - Owners
Employ Mr. Van Duzer as
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
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
"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
"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
•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
"But, my dear fellow, the best of women
"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
NEW MEMBERS OF THE FACULTY
The San Jos© College of Liberal Arts
Will Soon Have Life and
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
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 SHOW A CONSPIRACY.
C. A. Loomis Tells How the
McClintock Shooting Was
Mrs. Mabel Treadweli Approved the
Wounding of the Detective In
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
"Oh, that's all right," had replied Mrs.
Treadwell; "you ought to have killed
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
The Ramona Beautified—Reminis
cences of Commodores of
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
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
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
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
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
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.
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
Pope Leo XIII does not wear the real
tiara on solemn occasions, but a papier
mache imitation, as the tiara itself is much
NOT OUT OF THE TOILS
Huntington May Be Arrested
if He Comes to San
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
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
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
FRENCH COLONY EXCITED.
Stormy Scene at the Mutual
R. Chartrey Explains Why He Did
Not Resent Being: Called a
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
Why the earnestness of the member? Did he
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.
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.
At SO Cents.
CARRIAGE PARASOLS, in Gloria silk (lined), in black only, will be offered at 90c. '
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. -
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
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'
"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.
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."'
ill and GOUT
Have been successfully ireattd for many years la
Europ* by the wonderful remedies of the cele-
Dr. Laville of Paris.
Quickly and thoroughly remores from the system
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Will permanently cnre the most complicated and
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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*.
N' ■ hemorrhoids, bile,
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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
Use Paine'B Celery Compound and keep
well and strong. It is not like ordinary
remedies— it is medicine. Try it. . ■
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.
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