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LATEST OAKLAND NEWS
Harry Turtle Run Over by a
:; :. : Heavily Loaded Lumber
: .-;v/v • Truck.
SOT EVEN A BONE BROKEN.
. A. : C. Azerado Savagely Assaulted
; ■ [ '..:■ by His Countryman— Mrs/ l 'tX
• ;..:"■ . v Potter's Whims. ■'
-.-/•;■'- \ •■! »••■. . • : -■'•
% ".Harry Tuttle, a boy, fell from his bicycle
■ oh Webster street between Alameda and
'!■_.. Oakland yesterday morning before a lum
..: ber-truck. The wheel passed over him, in
flicting 'contusion of the back and right
■.arm." When Harry regained his conscious
!-:ness. And was taken to his home at 150
■:. .-P.exalla Heights his chief regret was that
■;• his bicycle became demolished in the acci
'■ ,<J;e.nt:: .
.. . Harry was one of the racers of the Lin
. .coin School Cycling Club which 'had an
; exciting" eight-mile race from Oakland to
.'•■Alam.eda and return yesterday morning.
<" The boys who entered the race were:- .
■.Bercovich scratch, Ed Quinn Vi mm., Nick
.'■ Rqunemort 3 . mm., Harold Lancaster 1% mln.,
■': Jfr'ed' Bain I*,£ mtn, Burrell 2 1 mm., Harry
• . T.uttle 3 min'., Woodson Craig 3 mm., Valen
': tine 4 Warren .English 4 mm., .Kennedy
' " mm., Sanborn 4}£ mm. .
.'-:'■ . The timers were Tom Hazeltom and Tim
..English. - The race -was started from
;". ■ Twelfth and Jackson streets at 10 o'clock,
> ■ the route being out Twelfth to Twenty
- :;thir(J avenue, to Park street, Alameda,
••-thence • through Alameda and back by
•."" ■Webster to Second, to Alice, to Eleventh,
' '.- to Madison street.
'.'• The "first rider in was Irving Burrell, who
made a strong finish. Bercovich came
■ "next and won the time prize of the race,
X' doing the distance in 29 minutes 40 seconds.
■ Harold Lancaster was fourth.
'.. "-. THE NEIGHBORHOOD CLUBS.
.--" "■ ..
. ' A Form of Altruism That Has Taken
-.' ' ' Hold of Philanthropic Oakland.
- -Now it is the social settlement that con
cern altruistic Oakland.
Two flourishing clubs have already been
. organized. One of these is in West Oak
' .land and the other has headquarters at
. Third, and Franklin streets. Mrs. Moremg
is in charge of the latter settlement.
' The lower floor, which was once a bar
. ".-room., serves as a gymnasium and assem
7.:bly-room. The upper door is used for ordi
■' nary club meetings.
•:. "."■ Monday afternoons a sewing class is con
•' ducted, and attended by girls of the neigh
• ;- borhood, ranging in years from 6 to 12.
• Tuesday evenings the boys'" club meets
;.'. -.t<}.. weave nets, hammocks and bas
ket?. Wednesday the mothers come to
• ..have tea and hear a good talk from Mrs.
"•; Wilkes or some physician. Once a month
Mrs. Whittaker gives a cooking lesson.
Thursday, Friday and Saturday other
' .boys* and girls' clubs meet to learn some
."-' useful lesson in handicraft, ethics, sanita
•.' tion or literature.
tin Oakland it is called the Neighborhood
.Club. Several new ones are being organ
% izred. Tuesday afternoon and evening the
• public is invited to attend a reception
\ given by the Neighborhood Club at Third
•;ah'd Franklin streets. Ita workers and
. • subscribers at present are:
•"••'. Mrs. Alice K. Wellman, Miss Ethel Moore,
■ Miss Alice W. Flint, Dr. Myra Knox, Mrs.
, Wllkea, Mrs. Palmer, Mrs. Kate Potter, Mrs.
. GscOe Derby, Miss Linto Booth, Miss Llllen
i Ptaatz. Miss Ruth Palmer, Miss Everson, Miss
-. ■ P.endleton, Miss Anna Briggs, Miss Shaw, Miss
■ Alice McPhesney, Miss Grace H. de Fremery;
'.Charles Townsend, B. H. Pendleton, Walter
: Flint, O. A. Lovejoy, Messrs. Horn, Roberts,
• ; Spaulding: and Cnamberlain.
■* '•••■'• • " < 1~ - — : — r^ — *i — -■ -.i i . ■.
. .-; ASSAULTED HIS COUNTRYMAN.
J. C. Tictorlne Beats A. C. Azerado
- with a Shovel.
Constable C. F. Weldon. of Brooklyn
-. Township has a warrant telling the story
..- of" an assault which nearly caused the
■ : death of A. C. Azerado, who is employed
-. at a dairy on the Redwood road.
"•_.' .-' J. C. Victorine, a countryman of Azer
: .udo, was also employed at the ranch, and
■ • the two men grew to dislike each other to
■ such an extent that quarrels were fre
:"' quent; Victorine finally began abusing
.- his fellow-laborer, and on the latter inform
; ing their employer the belligerent fellow
■ -was discharged.
"!. When Victorine learned the cause of his
." dismissal he decided on revenge and one
.day, while Azerado was milking, he
■ sneaked behind him with a broken shovel
". •. and .beat him into insensibility.
.... By the time the injured man was suffi
]. cientlv recovered to tell who his assailant
'wa§, victorine had decamped and gone to
'■ Humboldt County. When he was finally
-.'. located Azerado swore out a warrant for
• his arrest on a charge of assault to murder.
AX ELKS' BENEFIT.
.A Society Circus to Be Held on Satur
''. • P day, June 8.
: " A society circus for the benefit of Oak
;.■ land Lodge No. 171, of the Order of Elks,
-•*" will be held on Saturday, June 8. The
".plan is to hold the entertainment in a
- large tent in some location near the central
.-. portion of the city.
A number of people prominent in social
: circles have volunteered their services, and
• star amateur acrobatic performers from the
• :• Acme and Reliance clubs have agreed to
.' take part.
.-' • The committee of arrangements consists
•: t>l-.H.'N. Sloper, C. H. Hawbaker, A. T.
.-" McDonough, F. P. McFreely and T. F.
. . Scarilon.
':' ■ 'The proceeds will be devoted to the
■building of the magnificent monument
'"" which the Elks have projected for their lot
>•; in- Mountain View Cemetery.
j[.i- '.-;." A Guardian for Mrs. Potter.
.Mrs. Agnes J. Potter's spiritual eccen-
V.trieities have developed to such an extent
. } that an amended complaint has been filed
LV-iif the -Probate Court asking that letters of
7 j^ardianship be issued to L. E. Kelly, a
< /friend of the family. Mrs. Potter is the
■.'.'• .wif6 of an East Oakland capitalist, and has
/..figured once before in the public prints as
the lady who went off on a shopping tour
'. and purchased 1300 cups and seventeen
-.ln the new petition it is alleged that
: Mrs... Potter is in a feeble physical and
.; v Rental condition, which renders her in
• competent to transact any . business or to
.•. properly care for and manage ■ her estate.
;. . The petition further sets forth ; that Mrs.
/Potter has a life interest in a house and lot
valued at $4000 and personal property
;". -worth: $1000; that she is now in the care
and ■ custody of her husband, S. L. Potter.
"-".:• iThe Potters live in a handsome house
: : purchased from Judge F. W. Henshaw on
--":• Fourth avenue, and are quite wealthy.
". Mrs. Potter is a devout spiritualist, and
has; of late, placed great faith in several
mediums who appear to have a great deal
.- : of Influence over her.
S'-i. : Her latest eccentricity is to establish a
..Sanitarium, and for this purpose she dis
■ posed of some personal effects and leased
■ the Walkerley-Burbank mansion, which is
2 pear her residence, where she proposed to
- establish a mediumistic friend as healer-in
: . chief.
■ .':' /• An Attorney Arrested.
L*." : - William Brassey, a San Francisco at
* tOEhey.-was arrested by Officer Hynes last
■• evening on a . charge of obtaining money
• under false pretenses. Mrs. F. E. Shirley,
■ proprietress of the Brunswick < House at
953 Washington street, is the complaining
• witness, and placed the charge against
Brasßey .. because -of a worthless check
• which the attorney palmed off on her. He
'. lived at the. Brunswick and was in arrears
='■ for five weeks' rent, : amounting ' to $28.
'■■ When a* settlement was demanded of him
. after "putting ': Mrs. • Shirley off for : some
. time he finally gave her a check on ■ a San
Ki^M^^^fefe- ■■■■.. :..■.■ ■■.■■■'
Francisco bank for $20 as part payment.
The check was returned as worthless, and,
after waiting for several days more for him
to settle, Mrs. Shirley swore out the war
rant for his arrest. Brassey has been in
trouble before through his "freedom with
checks which were not backed up by a
bank account. About a year ago he gave
M. J. Keller, the gentlemen's furnishing
goods man, a check for $15 in payment for
$6 worth of shirts and received the differ
ence in coin.
When the paper was presented at the
San Francisco Dank on which it was
drawn the discovery was made that Bras
sey had no funds on deposit there. The
attorney was arrested , but settled the mat
ter with the complaining witness before
the case came to trial and was released
from custody. Mrs. Shirley intimates that
she will not press the charge against Bras
sey if her $28 is forthcoming.
Still in the Toils.
J. A. Lefort and N. McGiken, were
arrested by Policeman Quigley while loit
ering in the vicinity of a broken shutter in
the Seventh-street depot, are;still in jail,
though no charge has Deen placed against
It is thought by the police that they
have been connected with some of the
numerous robberies which have occurred
within the past few weeks, and the police
are searching for evidence on which to
Their running away when challenged by
the patrolman and their proximity to the
broken shutters from which the padlock
had been- removed lead the police to be
lieve that they contemplated entering the
They will be charged with an attempt at
burglary, if nothing else can be found on
which they can be held.
Chief l.awton's Escape.
Chief Law ton of the Fire Department
had a narrow if very curious escape from
serious injuries while* hurrying to the fire
which destroyed ex-Councilman George
Earl's stables early yesterday morning.
When approaching the corner of Helen
and B streets, where the fire was burning,
tue forward axle of his buggy snapped in
two and he was pitched forward over the
Fortunately for him he landed on the
back of his spirited horse and clung there
until the well-trained animal came to a
standstill, when he slipped to the eround,
none the worse for his mishap beyond a
The fire, the cause of which is unknown,
caused about $1000 damage, Mr. Earl's
driving horse, valued at $300, being burned,
together with two buggies and a quantity
of narness and other articles.
At the Macdonough.
Another charity benefit, to be partici
pated in by professional and local amateur
talent, will be presented at the Mac
donough Theater Wednesday evening
next, when "The Jewess," a sparkling
opera, will be played.
The performance will be under the direc
tion of Professor Eisenbach, assisted by
Mrs. Evelyn Winant Dickey of San Fran
cisco and Miis May Gooch, J. P. Goodjina,
Dr. S. Hodghead and others of Oakland.
The Free Clinic will be the beneficiary.
The sale of seats will begin to-morrow at
A Reception to Mrs. Wilkes.
Members of the Oakland Unitarian
Church and other friends attended an in
formal reception given to the Rev. Mrs.
Wilkes, the retiring assistant pastor of
that church. It was a very pleasing event.
The Rev. Mr.Wendte made a short address
and Mrs. Wilkes spoke in response.
What God gives lasts forever, she said,
and so she should always feel that her
friends were with her. Miss Cavanaugh
of Tacoma gave a recitation, and refresh
ments were served.
Frightened the Burglar.
A burglar gained an entrance through a
window to the residence of James Warner,
1067 Oak street, Thursday evening last, but
was frightened away before obtaining any
plunder. The noise he made moving
about the house awakened the inmates,
who frightened the thief away, In his
hurry to depart he left a dirkknife and a
bullseye lantern, which were turned over
to the police.
Two of the Kew Women.
Rev. Anna Howard Shaw of Phil
adelphia will speak at the First Congrega
tional Church in Oakland this morning.
She is reputed to be one of tne ablest and
most eloquent women in the pulpit, and
her advent on the coast is in company
with Miss Susan B. Anthony. The two
women came here to speak at the Woman's
Congress of the Pacific Coast.
Fruitvale Volunteer Firemen.
The Upper Fruitvale Volunteer Firemen
have filed their list of officers and charter
members with the County Clerk, aa re
quired by the laws governing such organ
izations. The officers are: W. W. White,
president; F. Bornmann, foreman; W. H.
Taylor, secretary, and Charles A. James,
treasurer. The company contains nine
A Divorce Granted.
Judge El 13 worth granted Mary E. Hill a
divorce from Thomas V. T. Hill yesterday,
awarding her also alimony of $15 a month
and the custody of the minor child.
Amanda Van Essler has brought suit for
divorce from Le Roy Van Essler of Oak
Sent to Jail.
Four months in jail was the measure of
justice dealt out to George Force yesterday
lor stealing a quantity of clothing anil
shoes from a Broadway store on Friday.
Oakland Shipping News.
The schooner Arcata began unloading
her 600 tons cargo of Coos Bay coal at the
City wharf yesterday for the Coos Bay
Intense excitement prevailed in Berke
ley yesterday afternoon upon receipt of
the news that the University of California
crack athletic team had made a tie with
the University of Pennsylvania men.
Though but few students are left in
Berkely on account of the summer vaca
tion, what they lacked in numbers they
made up in enthusiasm, and for an hour a
continuous round of college yells went
No one in the university had any idea
that the boys would make such a remark
able showing against what they conside
ered their most formidable enemies on the
Captain Koch, before he left, expressed
little hopes of even gaining recognition in
a contest with the U. P. boys and said he
hoped the U. C. boys would be able to pre
vent a complete walkover.
The Berkeley people regard the work
done yesterday as a practical victory for
California, since two points out of the
seven gained by Pennsylvania went to her
Colonel Edwards, who did so much
toward raising the $1200 loan from the
students, feels especially gratified over the
success of the team and hopes that the
financial results of the trip will be in pro
portion to the credit which the boys have
already brought upon t hemselves and the
Two Offices in One.
Much comment has been occasioned in
the political circles of Berkeley, recently,
over the matter of combining the duties
now performed by the Town Engineer and
the Superintendent of Streets into one
office, that of engineer.
The duties of the two offices are closely
allied. It has been finally decided, how
ever, that, according to the new charter,
which goes into effect on next Wednesday,
the two offices are separate and distinct
and shall be held by two different parties.
A special praise service will be held this
evening at the First Presbyterian Church,
under the direction of the King's Daugh
ters of that church. Addresses will be de
livered by Mrs. J. C. Smith of Trinity
Presbyterian Church, San Francisco; Mrs.
Clark, the State secretary, and Mrs. de
Fremery of Oakland.
Professor Whiting Goes Kast.
Professor Harold Whiting, who held an
associate professorship in the physics de
partment of the University of California
THE SAN FRANCISCO CALL, SUNDAY, MAY 39, 1895.
for a number of years and who resigned
recently, left with his family for the East i
on Friday evening. He has gone to his ]
old home in Massachusetts, where he will
devote hi& entire time to the writing of
works on physics.
Woman's Belief Corps.
The Woman's Relief Corps gave what
was called a pink-domino party at Unity
Hall Friday night. The walls of the build
ing were decorated with flowers, vines and
a number of large American flags.
The ladies wore pink dominoes, while
the gentlemen appeared in evening dress.
The executive board and their assistants,
who had the arrangements for the evening
in charge, consisted of Mrs. Wagner, Mrs.
J. T. Morrison, Mrs. Hutton, Mrs. Amy
Hamlin, Mrs. Henry Allen, Mrs. Stewart,
Mrs. Holmes, Mrs. Mary Martin and Mrs.
Late Friday night a butcher named
Shaw was driving down Shattuck avenue
at a rapid rate when his vehicle struck the
carriage in which Mrs. Fred Marquard
and a Miss Shaw were driving. The car
riage was overturned, throwing the ladies
violently on the ground, but they escaped
with a few scratches.
The entrance examinations which have i
been eroing on in Berkeley for the past
three days were completed yesterday. One
hundred and seventy-five students took the
examinations at Berkeley, only about one
eighth of whom were girls.
Hamlet Circle, Companions of the For
est, have elected the following officers:
Miss Kruger, chief companion; Miss Boos,
sub-chief companion ; Miss Bremer finan
cial secretary; J. Frodsham, recording
secretary; Miss Mentel, treasurer; Mrs.
Tait, right guide; M. Wilbur, left guide;
Miss Crowley, guard ; Mrs. Scott, trustee.
JPorty Hours' Devotion.
The forty hours' devotion in honor of
the blessed sacrament will commence in
St. Joseph's Church at 10:30 o'clock to-day
with solemn high mass. Father Mulligan
will preach the sermon on the blessed
Death of an Octogenarian.
Mrs. Clara Gartner, a native of London,
England, died yesterday at the home of
her daughter, Mrs. P. H. Morse, 1606 Pa
cific avenue. She was 80 years old and
had lived in Alameda abouta year.
Effect of the Grip.
Bertha Horn. 11 years of age, died Fri
day night at 891 Oak street. Death is sup
posed to have resulted from the grip. The
child was not attended by a physician.
A HOBSELESS EPOCH.
Electricity Will Soon Drive the Useful
Animal Off the Street.
"The question, 'When will the horse
cease to be a necessity for traffic and pleas-
Tire in America?' is perhaps nearer solu
tion than the public imagines," says
Henry W. Fischer in Munsey's Magazine.
"The Paris-Bordeaux race of automobile
carriages, to be run in June or the begin
ning of July, promises to foreshadow the
approach of the horseless period. The
forthcoming Paris- Bordeaux races— 'the
competition of carriages without horses' —
are to demonstrate whether the end of the
century will fulfill the promise of the be
ginning: whether the long-delayed, oft
attempted invention has been completed
by the creation and adoption of a type of
automobile carriage that is at once, free
from danger and the management of
which calls but for the exercise of ordinary
skill. The Paris Petit Journal, as it did
last year, will manage the affair; the race
is to be international in the broadest sense
and unrestricted as to the employment of
Dr. Chauncey M. Depew, who was asked
whether he thought the horse was doomed,
said: "I imagine that one fine morning we
shall wake up with apparatus, ready to take
us to our offices by an automobile carriage,
or perchance through the air. But in spite
of my full belief in the electric carriage of
the future, I doubt whether the services of
the horse will ever be entirely dispensed
with. I cannot conceive our active Amer
icans adapting themselves, to the pursuit
of pleasure in carriages moved by elec
tricity or by any other kind of motor but
the horse. What has made the bicycle so
universally popular but the one fact that
it permits of action on the part of the
rider, that it affords excitement? For sim
ilar reasons the carriage horse will always
have friends and admirers; his style, ac
tion and movement cannot be duplicated
or imitated. As to the ordinary, every-day
horse, he is certainly doomed. ' The extent
to which electricity has discredited and re
placed him is exemplified by the lact that
it no longer pays to breed horses that com
mand but a moderate price."
THEOSOPHY IS A HUMBUG.
Dr. Eliot Cones, the Scientist, Gives the
Besalt of His Investigation.
Dr. Eliot Cones, the distinguished scien
: tist who was for several years a member of
! the American Theosophical Society and at
one time its president, in an interview' on
the Besant-Judge I controversy denounced
the Theosophical Society as a vile, wicked
humbug, says the Milwaukee Evening
Wisconsin. "There is nothing but fraud
on the one hand and folly on the other
in the Theosophical Society," he said at
Washington recently,, "and there is not
even a pretense or anything else among
those who conduct the affair. All these so
called Mahatma letters are fakes, pure and
simple, and the propulsion of the astral
body is a gigantic joke."
* Regarding his investigations of theoso
phy he said:
. "I was merely investigating for myself
as a scientist, as any scientist is bound to
do in a matter of vital interest, both in its
psychological and its ethical aspects. It is
not : particularly .to my credit, as I have
stated ; more than once, that I found the
Theosophical Society a cesspool of filth and
fraud, owned and operated by a few knaves
at the expense of not many dupes. Aver
age intelligence would discover that with
out difficulty. Mme. Blavatsky was a won
derful woman, world wise and world worn,
vastly shrewd and abominably wicked. She
started this theosophical idea in ; the spirit
of a joke, and, finding it easy to delude the
credulous," continued it as a business. g
- ,"I I have in my ] possession her original
letters containing her instructions to her
confederates and servants as to the man
ner in *, which her disciples were to be
fooled.. She set up in Madras what she
called a shrine. This shrine was a cup
board having a' false back, which opened
into 1 her dressing-room. v"-. The faithful
would place their petitions to ; the Mahat
ma Root Homi in this closet. Blavatsky
would get them and write | answers in blue
and red pencil and put them back. Then
the petitioners would get them and be over
whelmed with spiritual fervor, v She had a
rag baby which would be stuck ; on a pole
and raised ■■ to the window of 'shrine,' and
when ; the believers would see this at the
aperture they would cry out, 'My, there's
Mahatma.' '' ;■■■-; / /
Lost in the Shuffle.
At midnight the other night a patrolman
on Calhoun street saw an old colored man
searching his dooryard with a candle in his
hand, and had the curiosity to stop and in
quire what he had lost.
"Lost a quarter 'round yere sumwhar,
sah," was the reply.
"Lose it during the day ?"
"No, sah — 'bout half an hour ago."
"Hole in your pocket, eh?"
"Not 'zactly, sah— not 'zactly. When I
cum home de ole woman was waitin' fur
me right out yere, an' when she had dun
frew wipin' up de airth wid my body dat
money was gone. It may be yere an may
be in de nex* ya'd or out in the road, but
Ize boun' to look for it. No. sah, dar
wasn't no hole in my pocket— not as I
knows of. Dat quarter was jess somehow
lost in the shuffle, to say nothin' of how I
got frowed kown an' walked on till I
couldn't holler."— Detroit Free Press.
CRESWELL GIVES ADVICE.
Improvements on the Lincoln
School Lots Belong to
Claim That the Advice of the City
and County Attorney Is Not
Founded In Law.
City and County Attorney Creswell yes
terday filed an opinion with the Board of
Education, relative to the ownership of
improvements on the Lincoln School lots
at the corner of Fifth and Market streets'
leased in 1875 by the Board of Supervisors
for a period of twenty years. The lessees
made improvements valued at $200,000, un
der the terms of an advertisement calling
for bids from the Board of Supervisors,
which advertisement provided that at the
expiration the improvements should re
vert to the lessees. No stipulation to this
effect, however, appears m the lease itself.
The twenty years' lease will expire Septem
ber 1, and by an act of the Legislature the
Board of Education assumes control of the
property. Hence arises the question as to
ownership of improvements.
The lessees claim that the City is bound
by the conditions of the advertisement.
Mr, Creswell, however, takes a different
view of the matter, holding that the les
sees have no property rights of any kind in
the improvements that will survive the ex
piration of the term of the lease. The
opinion in full is as follows:
To the Honorable the Board of Education of the
City and County of San Francisco— Gentlemen :
I am in receipt of your communioation of
April 29, 1895, regarding the ownership of the
improvements on the Lincoln School lot, on
Market and Fifth streets. The land on which
the improvements in question were placed was
leased by the Board 01 Supervisors under the
authority of an act of the Legislature, entitled,
"An act to authorize the Board of Supervisors
of the City and County of San Francisco to
lease a school lot in said City and County, and
to authorize the issuance of school bonds for
the purchase of sites and erection of school
buildings in said City and County," approved
March 30, 1874. JStats. 1873-74, p. 848.]
Did the Board of Supervisors have the author
ity under this act to include in the adver
tisement required by the act any condition
rlelative to the improvements that might be
placed upon the land by the lessees thereof?
section 1 of the act requires the board to
advertise, soliciting sealed proposals for the
use of the land either as a whole or divided
into smaller plats as the board should deem
for the best Interests of the City and County.
Having determined in which way the land
should be leased the only thing left for the
board to do before leasing the land was to
advertise for a period of thirty days in two
daily newspapers in the City and County
soliciting sealed proposals for the use of said
lot. The requirement that an advertisement
should be made soliciting sealed proposals for
the use of the lot does not mean that an adver
tisement can be made soliciting sealed propos
als for the use of the lot upon the condition (as
provided in the advertisement) that "all the
improvements that might be placed on the lot
unless purchased by the City and County shall
be removed at the expiration of the lease by
the owners thereof upon thirty days' notice
being given by the Mayor of the City and
County, and if not so removed prior to the
expiration of said lease the right shall be for
feited and the ownership of the same shall vest
in the City and County of San Francisco."
The statute nowhere confers upon the board
the power to purchase for the City and County
the improvements which might be placed upon
the lot if the board should desire to do so; nor
does it give to the board the power to contract
with the tenant that he may remove these im
provements at any time after they shall have
become a part of the realty; nor does it give
the board the right to burden the City and
County with any requirement concerning such
The statute prescribes a mode of advertising
for said sealed proposals, and the mode so pre
scribed is the limit of the power of the board.
The incorporation into the advertisement
made under the act of the conditions regard
ing the ownership of the improvements was
It necessarily follows, then, that the condi
tions injected into the advertisement con
ferred no rights upon the bidders, and no obli
gations wore imposed upon the City and
The Mayor of the City and County, by resolu
tion of the Board of Supervisors, "was author
ized and empowered to execute their losses on
behalf of the City and County "under such con
ditions and restrictions as may be by him con
sidered necessary and proper to protect the
jiublic interests, etc. The leases were exe
cuted under this authorization, signed by the
Mayor and lessees, and are silent regarding the
improvements that might be placed on the
land by the lessees during the term of the lease.
The act of March 30, 1874, does not give the
Board of Supervisors tlie power to contract in
reference to the improvements that might be
placed upon the lot in question, and no power
is given to the board to abandon any legal
right that might accrue to the City and-County
in consequence of the lease. The Mayor in
this matter could have no greater power than
the board. In the language of tne Supreme
Court of this State: "If an express power to
accomplish some result has been conferred it
will carry with it the authority to do such sub
sidiary acts as are incidental to the exercise of
that power." In the case at hand the power is
given to lease, and the surrender of the legal
right to the improvements so attached to the
realty as to become a part thereof is not a sub
sidiary act incidental and necessary to the ex
ercise of that power.
Inasmuch as the lessees were charged with
the knowledge of the lack of power In the
board, and that the Mayor had no greater
power in the execution of the lease than the
board the conclusion that the omission was
purposely made is irresistible.
The lessees cannot complain that the condi
tions of the advertisement herein treated of
were not embodied in the lease. If the board
had no power to contract in that regard the
lessees were charged with a knowledge of that
fact, and have not been injured by the omis
sion, because if the board did not have the
power to make the conditions the insertion of
them in the contract when executed, or at this
time, would not bind the City and County, and
would be of no benefit to them, and conse
quently my conclusions are :
First— That the Board of Supervisors have no
power to purchase the improvements.
Second— That the lessees have no right to re
move from the land any of the fixtures placed
thereon by them in such a manner as to be
come a part of the realty, and no power to sell
the same and give title thereto.
Third — That the lessees have no property
rights of any kind in the improvements that
will survive the expiration of the term of the
leases. Harry T. Cresweix,
Attorney and Counselor.
Dated May 18, 1895.
When the above communication was
shown to the several lessees yesterday
afternoon they expressed great surprise at
the conclusions arrived at by Mr. Cres
well. Some of them were indignant, and
gave expressions to their feelings in lan
guage rather too forcible for publication.
Creswell's letter of advice to the Board
of Education was not expected before the
middle of next week, but its purport was
by far the most sensational phase of the
controversy thus far. The lessees, with
out exception, were far from the opinion
that the City would take advantage of a
technicality in its dealings with them. The
subjoined interviews will tell how the
opinion was received, and also give an idea
of the methods to be pursued in the future
by the lessees :
.lames McGinn said: "This is not
law, justice, equity, fair dealing or
anything else that usually obtains
in the transaction of legitimate busi
ness. lam greatly surprised at the opin
ion. I suppose it means a fight, For one,
I shall not give up my improvements with
out a struggle for what rightfully belongs
to me. We shall take the matter to the
Supreme Court, for while Mr. Creswell's
opinion means nothing final, the board
will of course act upon his advice and take
the matter into court. It has been a rich
trade for the City and a poor one for the
lessees. I have made some figures on my
lease which will show that it has not even
paid a fair rate of interest, and I have
done better than most of them." Mr. Mc-
Ginn's estimate is as follows:
Original cost $11,000
Taxes for twenty years 1,400
Insurance at 31/2 percent 7,000
Kent, City and County, first five years at
«156 25 per month 9,375
Kt>ni . City and County, second flve years at
f 208 25 per mouin 12,375
Rent, City and County, third five years at
$256 25 per ruonth 15,375
Rent, City and County, fourth five years at
$306 2o per month 18,375
Total amount of investment 79.460
Rent received from 863 Market street, first
five years at $184 per month 11,040
Kent received from 863 Market street, sec
ond rive years at $234 per month 14,040
Eent received from 863 Market street,
third five years at $284 per month 17,040
Rene received from 863 ilarket street,
fourth five years at $334 per month 20,040
Rent received from 863 V» Market street,
first five years at f6O per month 3,000
Rent received from 763Va Market street,
second five years at $76 per month 4,500
Rent received from 863^3 Market street,
third five years at $100 per month 6,000
Rent receivea from 868V2 Market street,
fourth five years at $160 per month 9,000
Total amount received $84,660
Amount received 84,660
Amount expended 79, 4ti0
Net gain for twenty years $ 6,200
James McCormack: "We shall contest
the matter in the courts. A meeting will
be called for Monday evening to formulate
a plan of action. The improvements
belong to the lessees. We rented under
this condition. The language of the lease
does not matter. The advertisement is
binding. I will fight the proposition as
long as I live before giving up my improve
ments to the City."
H. M. Blook: "I am greatly surprised at
Mr. Creswell's communication to the
Board of Education. Of course it means a
fight. I have not made 6 per cent on my
investment, and now to be asked to give
up my improvements is a little too much."
R. F. Osborn: "The Board of Education
will have a big fight on its hands if it acts
upon the advice of the City and County
Attorney, which it undoubtedly will. It
was a poor investment for all of us. Of
course the matter will be settled in the
THE WEASEL A CLEVEB DODGEK.
One That Was Quicker Than the Shot
of a Sportsman's Trusty Gun.
"Coming to our camp in the cool October
evening after throwing our lines for bass at
sunset in Little Bear pond," said the
Gotham sportsman to the New York Sun
man, "we found that a visitor had been
there during our absence. We had taken
up our quarters in a deserted shingle
camp, a low log structure with a splint
roof. A 'deacon's seat' stood before the
open fireplace of stone and behind, laid
tbatchwise on the ground, were the pine
boughs upon which we were to sleep. We
had left our dunnage there earlier in the
day and had hung up upon a peg in the
wall two partridges that we had shot.
"After we had lighted up the place with
a glowing tire we saw that the partridges
were gone from the wooden peg on which
they had hung and were nowhere to be
seen. A long search about the camp re
vealed them at last on the opposite side,
crowded half tinder the bottom log of the
wall, as if an attempt had been made to
get them out of the camp that way.
"We hung ihem up again upon the peg,
and in a few minutes discovered a weasel
running about them trying to get them
down again. He appeared to be regardless
of our presence. He would run out to the
end of the peg and work away awhile to
try to push the string that held them over
the end, and then would dart to the ground
below and sit upright looking at them. At
last I picked my gun up, loaded with
heavy charges of bird shot.
• "It's no use trying to |hit him," said
Farris, my companion, an old woodsman.
"He'll dodge the flash of your Tgun. The
most you can do is to scare him away."
"As the weasel sat upright and motion
less on one of the bottom iogs of the camp
I took a careful sight and fired with my
ri^ht barrel at him. The smoke cleared
away but no weasel was to be seen, al
though the place where he had, sat was
peppered with fine holes where the shot
had struck within a space as large as the
Ealm of my hand. If the weasel had been
it he would have been found and he had
evidently dodged at the flash of the ex
plosion or perhaps the fall of the hammer.
But the shot haa the effect of frightening
him away, for we had no more visits from
him during our stay."
AND THE CAT GAME BACK.
Declined to Be Sold to Gain Pocket-
Moiii-y for Two Lads.
"When I was a small boy," said a New
Yorker the other day, "my younger
brother and I heard that the medical col
lege superintendent bought dogs, rabbits
and pigeons for dissection. We had a fine
old tortoise-shell cat and made up our
minds to bag nim and get some pocket
money. I think that cat knew we were up
to some mischief, for he scooted into the
cellar almost the moment we went to look
after him. We got the clothespin-bag,
dumped the pins out in the yard and
sneaked into the cellar after our game.
Thomas had taken refuge under the front
of the h ouse in a part of the cellar not fin
lsned off at that time. We could only tell
he was there by the fact that his eyes
gleamed like fireball?. I crawled into the
place and drove him out. My brother
bagged him promptly. We pinned the
openings firmly ana twisted enough of the
corners to make handles. We each took
hold and started for the medical college.
How that old cat did claw !
"Finally we reached the college and went
up to the second floor to the superinten
dent's office with palpitating hearts. It is
doubtful if the cat was more frightened
than we were at the time. Once in the
room with the superintendent we dropped
the bag and told him it contained a cat we
wanted to sell. 'All right, boys,' said he,
'if the cat is any good I'll give you a quar
ter for him.' We removed the pin from
the bag and the cat crawled out, frothing
at the rxrouth, and ran under a stove in the
middle of the room. Then I discovered a
window open in the other side and had just
called the man's attention to it when that
cat jumped to the sill and disappeared. I
ran to the window and saw him making
tracks across the yard. 1 watched him
climb over the fence and our expected quar
ter with him. The man tried to console
us by showing us what he called his college
menagerie. Just one week later that cat
came back to the house, fully two miles
from the college, to which we had carried
him blindfolded." — New York Recorder.
A Robin Caught in Chancery.
Do birds remember injuries? One severe
winter the deep snow had been thrown off
the steps of the window and formed a heap
in which there were many cavities. It was
my custom to feed the birds every day
after meals with whatever scraps I could
get, especially scraps of fat meat, bits of
apple, etc. One day it occurred to ma to
place the food in the cavities of the snow,
just to see how the birds would act.
Among those which came daily to be fed
was a robin redbreast, one of the most self
confident and quarrelsome of the English
warblers. He had taken upon himself to
be the boss of the place, and drove every
bird away from the tit-bits. In one of the
cavities I had placed a fine piece of fat,
and the robin poked his head in; then
went right in to enjoy the delicacy.
In the twinkling of an eye two little
bluetits — small, pugnacious birds — were at
the entrance pegging at him behind.
Finding that he could not back out, the
robin turned round to face the foe, but
they kept up such a perfect fusillade of
pecks that he gave in and drew back as
far as he could. When the bluetits went
away he came out looking crestfallen, and
whenever his enemies appeared on the
steps kept his distance. The bully had
mastered a lesson for once.
Now, simple as such an incident is it is
indicative of what we cannot well help
calling "reasoning power." The bluetit is
a much smaller bird than the redbreast,
has a less powerful beak and is not much
accustomed to be on the ground, for his
habit is to hunt for insects among buds.
He would have no chance in the open, but
he recognizes at once "the hole" the red
breast had put himself in, and in conjunc
tion with an ally he takes advantage of it.
To go no higher in the intellectual world,
no schoolboy could have acted more craft
HE NEVER TOOK A DRINK
Governor Burnett Was a Very
Modest Man and a Total
THE LEGISLATORS WERE NOT.
Senator Green Had a Barrel of
Redeye That Moistened Law-
When Peter Burnett was Governor of
California "The Legislature of a thousand
drinks" held forth in the Capitol at San
Jose. The members of that very thirsty
body moistened the legislatorial whistle
with many and oft - repeated doses of
"forty rod," but the first duly elected
Governor of the Statewas not with them.
He was a total abstainer in an atmosphere
of conviviality. He tilted not the rosy
glass, and was conspicuous by his absence
from barrooms — the only clubs of those
halcyon days — and yet he was one of the
most popular men of the time.
The governmental wheels moved
smoothly on— the thirsty Legislature at
one end, the recently dead Governor at
the other. Laws were passed and signed —
good laws, too, which still stand on the
statute - books ; the Governor kept on
abstaining and the saloons irrigated the
arid spots in their composition with the
hottest kind of liquor. The Governor was
a quiet, modest, retiring sort of man, con
spicuous almost as much for this as for
his teetotalism, which was regarded at the
time, so the old-timers say, as almost mar
Everybody had money in California in
'49 and the male population drank quite
freely. from all accounts. Prominent men
ol ail professions — lawyers, doctors, bank
ers, miners and merchants — met and trans
acted their business in saloons, and the re
porters on the newspapers flitted contin
ually from one to the other in the capital
city of San .lose in their search for news.
There were reporters even in those days
who had not the necessary copper-lined
interiors to stand the alcoholic inponr, and
in desperation, it is told, they were com
pelled to join the Sons of Temperance and
follow the brilliant example of Governor
Things were alcoholic enough in those
palmy days, but not so thoroughly satur
ated as some of the chronicles would lead
one to believe. The Legislature of a thou
sand drinks was really not the bibulous
body its name implies. It was given more
by way of a joke than anything else, but,
like many other jokes, it happened to
stick, and has been handed down to the sec
ond generation for what it is worth. A
representative named Green was really re
sponsible for the title. He did it all with
a barrel of what was said to be the finest
whisky then in San Jose. Whether he
used it for lobbying purposes or not does
not come down, but it is certain that one
of the committee-rooms into which the
barrel was last seen to have been rolled
after its arrival in San Jose had many
"Come on, fellers," was Green's familiar
invitation, "and let us have a thousand
The invitation was always the same and
the acceptances were similarly prompt.
Day after day the committee room was
thronged and so constant was the drain on
the refreshment that it became suspected
that the representative who was engineer
ing the barrel had replenished it more than
once. Then some newspaper men got hold
of the story, dubbed the body "the Legis
lature of a thousand drinks," and there it
was and there the title has stuck ever
That Legislature did good work and
plenty of it, and the level, clear head of
the total abstainer in the executive man
sion looked after the rest. For the short
time he was in office, with so much in the
machinery of the new government to put
in place and regulate, Governor Burnett
displayed a wonderful amount of energy
and developed a grasp of affairs that was
truly masterly. When be wrote his letter
of resignation it was with regret that the
people of the State heard of his determina
tion to retire from the head of affairs.
Some powerful motive they knew must
have moved him to the step he had taken
and they complained not at his action.
But very few people then or since knew
of the motive that impelled Governor Bur
nett to retire from office before his term
had expired. The generally accepted rea
son was that the work was too much for
the quiet executive, and that he stepped
down to save his health. That reason was
incorrect. Governor Burnett became a
private citizen for the purpose of saving
his fortune, which was tottering in the
panicky gales of the fall of '49. The sum
mer had witnessed the squatter riots in
Sacramento and the big fire in San Fran
cisco; there had been a visitation of chol
era, and banks and business houses tot
tered after the first collapse in real estate
values. Hundreds of quickly made for
tunes were vanishing, Governor Burnett's
among the rest. He resigned to save it
from the wreck, and, more fortunate than
many others, succeeded.
He had strong anti-Chinese and anti
slavery views, and it is certain that had he
seen fit to enter into National politics he
would have made a name as a statesman
that would have ranked with those of the
illustrious men of the past half century.
"DIXIE" THE SPOILS OF WAB.
Lincoln Said the Song Became the
Property of the North.
In writing of the receipt of news of
Lee's surrender, Noah Brooks says in the
As the afternoon wore on an impromptu
procession came from the navy-yard, drag
ging six boat howitzers, which were fired
through the streets as they rolled on. T^his
crowd, re-enforced by the hurrahing
legions along the route, speedily swelled
to enormous proportions and filled the
whole area in front of the White House,
where guns were fired and bands played
while the multitude waited for a speech.
The young hope of the house of Lincoln —
"Tad" — made his appearance at the well
known window from which the President
always spoke, and was received with great
shouts of applause, whereupon be waved a
captured rebel flag, to the uproarious de
light of the sovereign people below.
When Lincoln came to the window
shortly after, the scene before him was one
of the wildest confusion. It seemed im
possible for men adequately to express
their feelings. They fairly yelled with de
light, threw up their hats again and again,
or threw up one another's hats and
screamed like mad. From the windows of
the White House the surface of that crowd
looked like an agitated sea of hats, faces
and arms. Qu*iet being restored, the Presi
dent congratulated the people on the occa
sion which called out such unrestrained
enthusiasm, and said that as arrangements
were being made for a more formal cele
bration he would defer his remarks until
that occasion, "for," said he. "I shall have
nothing to say then if it is all dribbled out
of me now."
He said that as the good old tune of
"Dixie" had been captured on April 9he
had submitted the question of its owner
ship to the Attorney-General, who had
decided that the tune was now our lawful
property, and he asked that the band
should play it, which was done with a will,
"Yankee Doodle" following. Then the
President proposed three cheers for Gen
eral Grant and the officers and men under
him, then three cheers for the navy, all of
which were given heartily, the President
leading off, waving his hand, and the
laughing, joyous crowd dispersed.
v/ ' -
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