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THE ANTI-LOTTERY CRUSADE IS SUCCESSFUL.
Much Good Resulting
From a Knowledge of
the Many Frauds.
FUTILE INDIGNATION OF
A Bogus Lottery Company De
nounces the Federal
ATTORNEY BEN E. HASKELL HAS
The Police Search Metzger &
Franklin's Quarters In tho
Whether the Call's anti-lottery agita
tion is bearing fruit can bo best decided,
perhaps, by making the rounds of the lot
tery-dealers and peddlers, and inquiring
from them the condition of their business.
If you do this you will soon be convinced
that the lottery traffic— as widespread and
as dangerous to the community as it still
is — has not the same grip on the public
morals that it had six months ago.
Public sentiment on the lottery question
has changed — or perhaps it has only been
aroused. Fewer people are buying lottery
tickets to-day than there were six months
OBVERSE AND REVERSE OF THE 803U3 LOTTERY TICKET i.OL.D
BY J. A. TROST IN THE COLUMBIAN BUILDING/. THIS IS
KNOWN AS THE TICKET OF THE POX & CO. LOTTERY.
ago. Fewer people are selling them.
Some of the agents have gone out of the
business and turned honest. Others are
being forced out by the police. Oakes of
the Honduras has announced his intention
of retiring. "The business is getting too
dangerous," he says. "What with the police
constantly dogging one's footsteps and this
confounded agitation in the Call the
business is getting to be unprofitable, and
I am now closing up my accounts."
Whether lie is or not remains to be seen.
At all events, his business is done very
carefully and very secretly these days.
Frequently the police search his premises.
Of course, they find nothing but some old
circulars, but the constant surveillance
makrs the business more difficult and. con
seouentiv. less profitable.
Up in Wells, Fargo & Co.'s big express
building is the general office of the Little
Louisiana, the bank where the tickets are
cashed and the agents dealt with. It is
quite a concern in its way, employing a
force of clerks, typewriters and sten
ographers and bookkeepers. Metzger <fe
Franklin are the responsible men of the
concern and Chris Buckley is said to be
their backer; maybe he is not their
backer. Black sheep are often blamed
for sin* of others, but it is pretty certain
that he used to be. if he isn't, and most
people who know about lotteries and
things think he is.
Yesterday the police searched the office
of Metzger & Franklin in the Nucleus
building upon information furnished by
the Call. Franklin has declared that he
was going out of the business. That was
when the police drove him from 26}^
Kearny street. Now the peddlers and
dealers in Jottery tickets go to room 31 in
the Nucleus building for their Little Louis
It is a bare, uncarpeted room, furnished
with only a desk and one chair. Detec
tive H. J. Wright, who made the search
yesterday, spent a good deal of time in
going through that desk, in sounding the
walls and baseboards and looking forsecret
places in the floor, in the window frame
and in every conceivable nook and corner
where experience had taught him lottery
tickets might be hidden. All he found
were a lot of old lottery c irculars and an
nouncements of drawings that had taken
place. This is not legal evidence. A short
and stout, well-dressed man, who was con
siderably excited when the search warrant
was read to nim, openly admitted in his
conversation that he was in the lottery
business, and had been for years. But
that is not legal evidence. Very likely this
excited little man had a few hundred
tickets in his pockets. It is still more
likely that be has a secret place in his
room, or, possibly, a closet downstairs or
somewhere else in the building where his
stock in trade is kept. He and his part
ners may escape for a time, but Chief
Crowley is thoroughly awake on the ques
tion, and the police will give these gentle
men a deai of trouble, if nothing else.
Detective Wright has charge of the lot
tery detail now. He is a young man, full
of 'energy, and has done some effective
work, but it is hard to secure the legal evi
dence, and since the penalty is only a fine
at most it takes a good many arrests to
drive an agent out of the business.
There is the case of Upson, for example.
He is one of the counterfeiters. The charge
against him is swindling. Judge Low has
sentenced him to six months' imprison
ment. He has appealed to the Superior
Court, is out on bail and at his old tricßs.
The police seized his counterfeit tickets and
the plates from which they were printed.
He has had new plates made and is even
now flooding the market with counterfeit
lottery tickets of all kinds.
Inspector Erwin oi thePostoffice Depart
ment is now working with the police. Un
doubtedly a good many tickets are passing
through "tne mails. "If we can only get
the rascals down in the Federal courts,
says Chief Crowley. "we can do something
wfth them that will tell. The violation of
the Federal law is a crime, and a convic
tion in the Federal courts means some
Behold, there is a counter-crusade. A
lottery-ticket seller has started an agita
tion against the United States law on the
lottery traffic. Down in Texas there is
published the Monthly Review, on the in
■vde pages of which are printed the month
ly drawings —or what purports to he
monthly drawings. A late number of that
publication contains a leading article
against the lottery law that reads as fol
The new lotiery law, about the passage of
which there appears to have been some doubt,
is an interesting statute, not ko much on ac
count of its subject matter as because of the
extent to which the National legislature has
gone in the censorship of the mail.
It permits the postal authorities to open pri
vate letters should a company, firm or indi
vidual receive a large mail and the Postniaster-
Ueneral havo reasons to suspect that a lottery
or other fraudulent enterprise is being con
ducted. Aside from any moral sentiment sur
rounding art innovation of this character upon
the long-establisned privacy of the mails is the
practical question as to where the limit is to
be drawn. A new firm or an individual un
known to the postal authorities may com
mence receiving a larpre mail at once in a per
fectly legitimate enterprise Rnd yet arouse sus
picion and have valuable sacred secrets of the
business obtained by the employes of the pos
tal department to the firm's "great damage
without even knowing whence the blow fell. It
is reserved for the mails to carry important
private business matters that caunot be trans
mitted by telegraph. But the dangerous fea
ture is in the precedent against which there
seems to have been no protest in Congress.
Once private letters are opened upon the dis
cretion merely of the department where will
The individual is already protected against
threatening, blackmailing* or obscene letters
because the recipient can if he choose turn
them over to the courts and secure the punish
ment of the sender. To virtually uncover pri
vate correspondence, however, "at discretion,
is a usurping change for a Government like
ours to inaugurate. In trying to reach one
evil, it is possible to lay the foundation for
others. It is not likely that sacreduess of per
sonal correspondence will be violated often if
at all under such a law, but it is certainly let
ting employes in the service do great vio
lence to our American repugnance to anything
like a press or postal censorship.
Following this article in the gamblers'
monthly (which is being circulated ex
tensively in this City by Mr. Kahn of 120
Sutter street, room 7) is this original defi
nition of what constitutes a lottery ticket:
A ticket properly "signed" and "scried" and
the prize thereon awarded the date mentioned
A ticket properly cancelled, or after the
drawing, ceases to be * lottery ticket, but mere
ly becomes a piece of waste paper.
Tickets drawing prizes cease to be a lottery
ticket, but become a voucher, due bill or draft
against the company named therein and at
tached to a draft accompanying same can be
safely sent for collection tnrbugh any bank or
And now the uninitiated would never
guess who it is and what it is that promul
gates this literature. It is a pure bogus
company, a fraud from start to finish — the
so-called "Original Juarez Company." No
one who is posted will buy a Juarez. The
Juarez is a fraud. There is no such com
pany outside of its tickets and in its liter
ature. The Ju*rez never had a drawing,
never gave a prize — unless a small one for
a bait— has no headquarters, except those
of Mr. Kahn at 120 Sutter street, and is
known to be a pure and simple swindle
from top to bottom. Rather laughable,
isn't it, that a swindle should become in
dignant at the encroachment of the Fed
eral law that "opens his private letters?"
Yes; it is a mammoth swindling lottery
fraud that is conducting the pro-lottery
crusade — the Juarez.
"The State Government Lottery Com
pany" is the pretentious title on the fake
tickets printed and sola by J. A. Trost, 29
Columbian building. This is the E. Fox
& Co. lottery — a fraud of the first water.
The information is gradually spreading
that one-half of the lottery tickets sold are
counterfeits of the genuine and that the
city is also flooded with the tickets of a
dozen or more fraudulent lotteries that
never had drawings or gave prizes. And
the spread of this knowledge is doing a
great deal toward discouraging the ticket
buyers. Some of the peddlers and dealers
declare loudly that these statements are
made only to discourage the traffic and are
not true. Only half of their statement ia
true — the first half. The chances are they
have Fox & Co. tickets for sale or Juarez,
or Montana, or some of the other fake
companies' tickets. If you buy what pur
ports to be a genuine company's ticket
from them be sure to have it examined by
an expert. The chances are they sell
counterfeit tickets. Every lottery-ticket
seller who deals in what is known as
"square goods" — and they are very few
and far between— will tell you to beware of
the frauds and the counterfeits.
Attorney Haskeil suggests that a law be
passed making it a crime to buy genuine
lottery tickets and removing ail penalties
from those who sell counterfeit tickets.
His advice, in full, is as follows:
Editor Call : As a constant reader of your
rejuvenated and progressive journal I have
become interested in one of the reforms which
you propose, viz.: the suppression of lotteries.
In suppressing any evil a rigorous policy
should be adopted. The maintenance of every
vice is dependent upon public patronage. Sen
sational literature, saloons, brothels and lot
teries are the result of a public demand; the
proprietors of evil resorts and schemes are sim
ple caterers to a depraved public taste. Were
there no persons who desired by the invest
ment of a mite to gain a fortune there would
be no lotteries. Who, then, is responsible for
their existence? Clearly the patrons. Who
should suffer for the existence of an evil de
nounced by law ? The question needs no
specific answer. The present law is a 6imple
sop intended to placate the opponents of lot
teries. Let the Legislature enact two additions
to the existing law and lotteries must cease to
exi6t for want of patronage. Let the Legisla
ture first enact that it shall be a crime either
to pay or receive payment of any prize drawn
in any lottery. Let the degree of this crime be
graduated hs in cases of lnrceny, according to
the value of the prize— under a certain amount
a misdemeanor and above that amount a fel
ony. At present it is no crime to hold of cash
a prize ticket; as soon a*> the drawing is over
the holder may with impunity flaunt his ticket
in the face of the police. The law winks at the
person and his accomplices while he pockets
the fruits of his crime. It is as if the law pro
vided that the robber might have and enjoy
the proceeds of his theft if he only escaped de
tection in the actual commission of the crime.
It is openly advertised that prize tickets will
be cashed by various business institutions not
known to be in any other way connected with
the lottery in which the prize is drawn, thus
making it easy to collect prizes, lending credit
to the lotteries and gaining for them the con
fidence of the people. It is also customary to
exact from the large prize-winner a number of
affidavits of his winning and of the "prompt
payment", thereof, which affidavits are used
lor advertising purposes. The efficacy of such
a law as I have suggested, making the real
danger of detection commence where it now
ceases, must be apparent. It would effectually
prevent the making of the affidavits referred
to. It would cause the reception of a prize to
be kept a secret, and thereby prevent the con
tagion of success from spreading. The diffi
culty and danger in cashing the prize would
THE SAN FRANCISCO CALL, WEDNESDAY, JUNE 19, 1895.
be such that few would care to Invest their
money for jhe chance of drawing as a prize a
berth in the State's prison.
And, second, 1 would suggest that a law be
passed making it "lawful" for any person to
engage in the "production and sale 1 ' of false,
forged and counterfeit tickets. Such a law
would destroy the public confidence, without
which lotteries must cease to exist. It will no
doubt be objected that such a law would be a
legislative sanction of a fraud upon the people.
Not so. it would simply be a declaration tnat
those who seek wealtti by the commission of a
crime shall receive no protection or assistance
from the State and no aid in collecting the re
ward of their violation of the law. Creating,
as such a law would, a feeling of uncertainty
as to whether a ticket offered is bogns, there
are few who would have the assurance to in
I submit these suggestions as a simple means
of obliterating the lottery evil.
Ben B. Haskell.
Doubtless Mr. Haskell's advice would be
effective, if it could be followed. But the
difficulty would be in yetting a jury to con
vict a man of a crime on the charge of buy
ing lottery tickets. And then it is not cer
tain, even if every lottery ticket in the
world was known to be fraudulent, but
that some would still buy, for what Bar
num said about the public liking to be
fooled is stitt a little bit true.
Not long ago a Market-street cigar-dealer
received a big package of lottery tickets
for him to "place." The package came
from a stranger, and accompanying it was
a letter asking the tobacconist to please
send the name of some suitable person to
to whom "the capital prize might be
awarded." And now you can't get that
man to buy a lottery ticket of any kind.
"The whole business is a fake and a fraud
and a swindle," he says.
And that is true enough. It is also
illegal, and cannot be gone into conscien
tiously by an honest citizen.
HOME FOR THE INEBRIATE
Dr. William Gavigan Gives His
Opinions on That Insti-
Its Transfer to the City Will Not
Interfere With the Contem
Whether the presentation of the Home
for the Care of the Inebriate, which was
made by the trustees of that institution to
the City at the meeting of the Board of
Supervisors on Monday, would fill the re
quirements of the law for the erection of a
home for inebriates in San Francisco, was
a general question yesterday.
Dr. William J. Gavigan, who was
chiefly instrumental in securing the pas
sage of the law, said: "There are several
reasons why the existing Home for In
ebriates and the one in contemplation will
"In the first place the deed presented to
the Supervisors is one of trust. It will not
go into effect until the corporation ceases
to exist, which will be eighteen years
hence. It is quoted too as legal opinion
that the trustees cannot give a valid deed
to the property, which is a portion of the
auxiliary of the old Dashaway Association
that has been in litigation so long. The
purported deed is conditional upon the
City paying $500 a month for ths expenses
of the institution. It reserves private man
agement of the home.
"While it is true that a coloring of the
public institution is given by making
the Mayor and the chairman of
the Finance Committee ex - officio
trustees it is equally true that there
would still be seven trustees to outvote
them. All of this shows that the institu
tion would be public only in name. I
notice that the $30,000 cash promised by
the deed of gift includes $10,000 deposited
with the People's Home Savings Bank
which is insolvent. In that particular
instance it would, seem that the provision
that the amount remain intact foreighteen
years was superfluous. That does not
affect the main question, however.
"The provisions of the law passed by the
last Legislature and signed by Governor
Budd March '11 are mandatory. It requires
that within the next fiscal year a suitable
home and hospital for the treatment of in
ebriates and dipsomaniacs shall be erected,
The home just presented to the City has
but fifty beds and there have been 189 of
that class of patients in jail here at one
time. The bill contemplates treating them
as victims of disease not as criminals.
"The Board of Health exercises juris
diction in the matter of plans of construc
tion of the home and the tenure of treat
ment of the patients. In fact it shall
provide for the management and govern
ment, says the statute, and that embraces
all but the minor details.
"The institution is in no way the sort
that is contemplated by the law and will
in no way affect the one to be opened by
August 1, 189ti."
In reply to a question as to his expecta
tion of his being medical superintendent of
the new home Dr. Gavigan replied that
"The talk about that is all gossip."
This Popular Los Angeles Company
Establishes Permanent Offices
in This City.
J. D. Mouser, the well-known life insur
ance agent, has taken the management of
the Bankers' Alliance in San Francisco,
and has elegant offices on the fifth floor of
the Mills building. Among the trustees
we notice the names of General E. P. John
son, J. M. Elliott, president First National
Bank; F. C. Howes, cashier of the Los
Angeles National Bank; and Dr. W. G.
Cochran all men of prominence in Los
Angeles, the headquarters of the company.
The Bankers' Alliance issues a combined
policy of life and accident insurance upon
what is known as the natural premium
plan, which is about one-half of "old line"
rates, and has over $12,000,000 of insurance
A few reference policy holders are ex-
Governor H. H. Markham ; Hon. M. R.
Higgins, Insurance Commissioner; T. H.
Ward, Clerk of the Supreme Court; Hon
W. T. Jeter, Santa Cruz; Hon. P. B. Fra
ser, president Farmers' and Merchants'
Bank, Stockton; Dr. F. B. Sutliffe, Sacra
mento; T. V. Mathews, Santa Cruz; Dr.
George M. Terrill; Floyd Walker, manager
Clark's Spool Cotton; E. P. Gates, drug
gist; J. D. Maxwell, fire insurance: R. C.
Gardner, dentist; Byron W. Haines, den
tist, and A. J. Hatch of San Francisco.
WILL WED MISS DAVIS
A Married Man Who Eloped With a Mar-
ried Woman Takes Out a
A license to wed was yesterday granted
to Thomas A. Lev, the lady in the case be
ing Miss Jennie Davis, 1130 Market street.
Thomas A. Ley is a photographer and
formerly lived at Woodland, and was there
a family man. But about a year ago he
created a mild sensation by leaving his
family in company with Mrs. C. A. Bay
ington, who was the wife of a laboring
Since then many things have happened
in that little circle. Bayington in tne first
place secured a divorce from his truant
wife and Mrs. Ley has secured a divorce
from her truant husband, and the truant
husband has forsaken the truant wife who
was foolish enough to go with him.
What has become of her is not in evi
dence, but the marriage license indicates
that the man is to marry another woman.
The bride's residence is giveu as 1130
There are forty-eight different materials
used in constructing a piano, from no
fewer than sixteen different countries, em
ploying forty-five different hands.
FAVORS A TUITION FEE
Rev. Horatio Stebbins on the
Point of Berkeley Pupils
WOITLD BE A DEBT OF HONOR.
In a Letter to Regent Slack the
Divine Closely Reasons the
Rev. Horatio Stebbln9, one of the re
gents of the University of California, has
written the following letter on the subject
of the board of regents establishing a
tuitiou fee at Berkeley :
Hotel Vendome, San Jose, )
June 17, 1895. i
Hon. Charles W. Slack, Regent of the Uni
■versity — jJear Sir: Your interest in the
university and your official relations with
it seem to me a sufficient justification of
my addressing you a public note concern
-Ing a matter ot much importance now be
fore tne board of resents. I hope this will
not seem to you an intrusion nor an un
due assumption on my part. I refer to
the proposition before the board to es
tablish a tuition fee in the university.
There has been some difference of opin
lon on tnis matter from the beginning,
some thinking that the institution should
be entirely free, others that a moderate
fee should be imposed. The Legislative
act establishing the university leaves the
matter to the discretion of the regents.
Time ana events aevelop what always
proves to be the case with institutions not
established to make money — that wants
exceed means. Educational institutions
are always in want, and from the very
nature of the case they always must be, as
education is such a boundless thing, for
ever aggressive, encroaching upon the un
known and making conquests over new
realms, that its wants are ever increasing,
and just enough is never enough.
The question arises fairly, squarely and
honorably : Ought not those who have
peculiar and exclusive privileges to do
something to relieve this ever-pressing
want and bear a part in the expense of
their privileges? The very question seems
trite and obvious to the moral sense. How
does it happen that there is any confusion
about it? It happens thus, I imagine:
From our habit of calling the university a
part of the common-school system of the
State. In a certain sense it is, and in an
other very certain sense it is not a part of
the common-school system.
The common school and the university,
both in respect of the idea and motive that
underlie them, and in their accessibility
and commonness, are distinct. The com
mon school is common; it is everywhere
and accessible to all. The university is ex
clusive, by the necessary conditions of lo
cation and concentration, and is accessible
to but few. They are distinct also in idea
and motive. The idea and motive of the
common school are the duty of the
State to furnish all its citizens the means
of intelligence that they may act their part
well as citizens. The idea and motive of
the university are a liberal education to
those who voluntarily seek it. The one is
primarily for the State, the other is for the
man himself. They are identical only in
this, that they are free from partisan con
trol of politics or religion.
But it we go from theory to practice the
truth seems to me equally clear. As a
matter of fact, only a small number of the
youth of the State can or will avail itself of
the privileges of the university. As a mat
ter of fact, the pupils of the university are
a privileged class, made so by legislation,
and the necessary exclusiveness of loca
tion. With what propriety of private or
public justice does the State pay $300 or
$500 a year for a youth from the age of six
teen to twenty-one? The motives that in
fluence young men to go to the university
are not widely different from those that in
fluence honorable young men in other
walks. The general motive, and it is not
necessarily mean, is to cet on in the world.
Why should the State give John $300 to go
to the university for a liberal education,
and let Henry go to the iron business with
out a stipend ?
Both alike have honorable ambition to
become successful and useful men. Will
it be said that the educated man is worth
more to the State and, therefore, his bills
should be paid from the public chest? It
may be so, that he is worth more; but
before it can be assumed as a ground of
public policy for paying the expenses of a
student in the university it must be shown
that there is an essential, elementary and
necessary relation between science or lit
erature and public or private virtue. Will
a man give bonds for that? Knowledge is
power. There is no doubt about that; but
power for what depends on something
besides the power of knowledge.
Is it not a plain and 3imple truth that if
a man would enjoy peculiar and exclusive
privileges, every sense of honor, self
respect, public and private duty, urge him
to do something to pay for those privi
leges? He cannot pay fully; no man can
pay fully for the benehts he receives from
society or the State — but if he receives ex
clusive benefits through institutions not
accessible to all, every manly sentiment
suggests that he should do something that
at least confesses a debt of gratitude that
he can never pay. I imagine, sir, that
every youne man will confess this at the
very bottom of his heart, when he looks
these facts fully in the face.
Let it not be supposed that I am indif
ferent to the trials and struggles of the
student of narrow or limited means— l
congratulate him upon his opportunities
in a community of learning, where men
are valued by their manhood, to show him
self a man. If the good man. successful
in a great cause, or calm and strong in ad
versity, is the most sublime vision on
which our eyes may rest, then the young
man who is poor, but whose mind is so
athletic and his heart so unworn that he
never thinks that he is poor, is the best
example of human ambition. Let him
not be discouraged — the long-minded
powers are with him.
Doubtless the policy of the university
should be liberal, but it should not be in
fantile. The university is not a nursery,
nor an orphan asylum, nor an almshouse,
nor a place to get something for nothing.
It is a place for liberal education, and
every one who^ resorts there should pay
something for the great privilege. If the
tuition fee is made $50, or any other sum,
provision should be made that those who
are unable to pay during their privilege
may give their obligation year by year,
without interest, until graduation. Then
interest should begin at a rate about equal
to that of the funds of the university. This
would be a bond of honor, pride and grati
tude that every one would be glad to con
fess. If the maker of the bond dies, that
event dissolves the obligation; if he lives
and does not pay, it may be a fair question
whether or not he belongs to that class of
ungifted minds that should have gone to
There is one other matter not immedi
ately connected with the question of tui
tion fees but cognate to it. There should
be, in my opinion, no scholarships founded
by the state. There is a tendency, thaj
bears different names, to have the state
take care of us all and to concentrate all
human interests in the state. The oniver
sity should set no example of this. It is
the' office of the state to execute justice
and equity among men, not to take care of
men, save in the exceptional instances of
pauperism or constitutional misfortune.
In time the university will attract the at
tention of the wise and benevolent and
scholarships will be founded, and no man
of character and ability will be turned
away from the path of conquest over cir
cumstances ana victory over himself.
The action of the Regents in this matter
I believe will not only be important in re
lation to the university, but important in
its influence upon public opinion. I am,
dear sir, yours very respectfully,
THE NATIONAL GUARD
A New Method of Appointing: Staff
Officers in the Infantry In
Colonel Bush of the First Infantry, N.
G. C, has taken a new departure relative
to the appointment of his staff officers. In
stead of making permanent appointments
at present he proposes to make details
from the line officers at different times,
the object being to instruct such officers
in the various staff duties, thus enabling
all the lieutenants in the regiment to be
come conversant with such duties.
Each officer will be required to attend
meetings for instruction at different times
during his tour of duty, at the close of
which a series of fifty questions will be
submitted to him to answer in writing.
The following appointments of non
commissioned officers have been made:
Corporal Alfred H. Kennedy of Company C
to be quartermaster sergeant, with rank from
June 13, 1895, and the following to be corpo
rals: Privates O. C. Baldwin, Company G;
William \Y. Thompson. Company G, with rank
from March 27, 1895; David G. "At wood, Com
pany G, with rank from April 23, 1895; A. B.
Geff Jr. and Joseph X. Ross, Company C, with
rank from June 13, 1895.
The annual inspection and muster will
be held on Wednesday evening at the regi
mental armory, on Market, and Tenth
streets, by General Warfield's staff, and
the regiment expects to make its usual tine
DEALING IN TAX TITLES
City Attorney Creswell Says
No More Speculating
Can Be Done.
A Last Effort to Overcome the Law
on This Matter Is Summarily
The thriving industry of buying and
selling tax titles has received a further
quietus in an opinion submitted to the
Board of Supervisors yesterday by City
and County Attorney Cresswell.
The question came before him through a
communication sent to the board by S. F.
Sinclair, which the board handed over to
the attorney, requesting an opinion. The
communication asked the board to direct
the attorney to draw up an ordinance pro
viding for the saie of property upon which
City and County taxes werejdelinquent — to
sell it for the interest the City and County
had in it, believing that this was the only
way the City and County could get their
taxes. This was a suggestion designed to
meet the conditions of the new law directed
against individual tax-title buyers and
wnich turns property in default over to
After acknowledging the receipt of the
communication, Mr. Cresswell says:
Section 3773 of the Political Code as amended
by the Legislature of 1895, and approved Feb
ruary 25, 1895, disposes of the subject matter
of the communication of Mr. Sinclair.
Tills and other sections embraced in the act
approved February 25, 1895, change the reve
nue law regulating the collection of delinquent
taxes on real estate or personal property when
the taxes on the latter are secured by a lien on
real property of the owner of the personalty,
Formerly it was required that the property,
after an advertisement of the notice or sale,
should be sold at public auction (Sec. 3765,
Political Code), that the delinquent tax payer
might in writing designate to the tax collector
what portion of the property he wished the tax
collector to sell, if less than the whole, and if
no such designation is made the person who
would take the least quantity of the land or
the smallest portion of an undivided interest
and pay the whole tax due and costs wonld be
the purchaser. (Sec. 3773, Political Code.)
This, however, has been changed by the act of
1895. The amendment of section 3765 has
abolished the sale at public auction,
and the amendment of section 3773
has abolished the notice that could have been
given under the old law, an<J forces the sale to
the State of the whole amount of property as
sessed, unless the taxes and costs due are paid
by the owner or person in possession, or
some one in behalf of such owner or per
son in possession. The State must be
the purchaser, and, unless redeemed be
fore five years from the date of the sale,
the title rests absolutely in the State.
(Section 3788 as amended in 1895.) If the
property sold to the State should be. redeemed
before live years from the date of the sale sec
tion 3816 as amended provides for the appor
tionment of the taxes, percentage and penal
ties paid in redemption between the State and
Article XIII of the constitution is devoted to
revenue and taxation ; section 13 thereof makes
it the duty of the Legislature to pass laws ne
ccessary to carry out the provisions of that
article of the constitution.
The Legislature has actel in obedience to
this requirement of the constitution, and if it
has the constitutional right so to do it has uot
given the Board of Supervisors the power to
legislate upon the question.
The Board of Supervisors then has no power
to change the procedure for the collection of
taxes as required by the acts oi the Legislature
of the State.
A Question as to Whether Sago and
Tapioca Are Starches.
A rather peculiar investigation was be
gun in the Appraiser's buildine yesterday
by General United States Appraiser Shurt
leff, who recently arrived from Washing
The question in dispute is one which has
arisen between certain Chinese and other
importers and the Collector of the Port in
regard to the reasons why their imports of
sago and tapioca should not be taxed under
the same law which places a duty on
starch. The query to be determined is
whether tapioca and sago are made up
principally of starch.
It is contended by the importers that
sago and tapioca are not dutiable under
the starch law, and as there is a matter of
from $150,000 to $200,000 involved in the
issue the investigation promises to be an
Yesterday the table in the room where
the investigation is to go on was littered
with all sorts of samples of sago, tapioca
and various starches. No testimony was
taken, though, and none will be until the
samples presented have been properly
analyzed and reports made upon them".
Two depositions were placed on file, how
ever, from parties who gave their views
respecting the matter in hand, but they
were not of a character to have any direct
bearing upon the result of the investiga
tion. The taking of testimony will begin
about two weeks hence.
It is the intention of the inspector, be
fore he is through, to investigate the duties
on gloves, bone meal, jute bags and other
articles about which there has lately been
some difference of opinion between the
Collector and importers.
Coliector of the Port Wise and Deputy Sur
veyor of the Port Ruddell deny the reports
that men have been and are to be discharged
from the United States customs service for
willful neglect of duty. Upon Mr. Wise's re
turn from the East he found that two or three
deputies had been reported as having been
negligent, and he promptly suspended three of
them until he could make an investigation of
iTake No Substitute.. i
Gail Borden j
- CONDENSED MILK
Has always stood FIRST in the estima-
tion of the American People. Wo other is
"just as good." Best Infant Food.
Tobacco Culture and the Nat
ural Oil Supply of Cali
FIREWORKS FOR THE FOURTH.
Sonntagr Elected Vice-President and
Tevls a Director of the As
The directors of the Manufacturers' and
Producers' Association of California met
in regular session last evening. President
Bowers in the chair. There were ten mem
bers of the board present.
The committee appointed to arrange for
a mass-meeting reported that Metropoli
tan Temple had been secured by them for
the 12th prox., and that C. M. Shortridge,
Horace Davis, Hugh Craig, James G. Ma
guire and Irving M. Scott had agreed to
attend and make addresses.
The committee on new industries re
ported on the feasibility of raising tobacco
in this State, that it could be profitably
and successfully cultivated. Accompany
ing the report were written opinions from
several tobacco manufacturers, to tue effect
that the samples of tobacco grown in Cali
fornia which they had examined could not
be surpassed in quality. It was ordered
that the report be printed and that copies
of it be sent to every tobacco firm in the
A sample label designed by the Cigar
makers' Union to designate cigars made of
California-grown tobacco was submitted.
It did not receive the approbation of the
board because it can be used only by union
The fuel committee submitted a long re
port concerning oil and gas lands in Ala
meda County. Their conclusions are that
the lands offer a field well worthy of care
ful consideration by prospectors and cap
italists. The entire report is to be printed
and copies sent to every manufacturing in
Julian Sonntag was elected vice-president
of the organization and Hujrh Tevis a di
rector, vice P. D. Code, resigned. The as
sociation has 735 members up to date.
Julian Sonntag called the board's atten
tion to the fact that California has a bak
ing-powder factory yet in the advertise
ments for supplies "for State institutions
that fact bad been overlooked. He also
denounced the boards of directors for not
favoring California products generally in
accordance with the request of the associa
tion and the instructions of the executive.
He attribute ithe lack of consideration to
the fact that the association is not in poli
tics, and favored goinsr into politics
since they represented 140,000 souls and
As a result of his remarks the chairman
was authorized to appoint a committee of
five to wait on the Governor and demand
their rights. The appointment will be
made in a few days, but the chairman in
timated that Messrs. Sonntag, Saroni and
McGlynn will be among Us members.
A sample of cloth suitable for police
uniforms was shown. It is a dark, heavy
beaver, manufactured by tde Golden Gate
Woolen Mills of this City. The Police
Commissioners came in for considerable
unfavorable criticism for their action in
specifying an Eastern cloth for uniforms.
A communication from the Bowers Rub
ber Company was read. It thanked the
association for a letter sent to the Board of
Suoerviaors which had been largely in
strumental in securing for the firm a de
Mr. Saroni inquired what action had
been taken by the Fourth of July commit
tee regarding fireworks, and stated that if
the contract had gone to an Eastern firm
he would ask the association to instruct its
members not to subscribe toward the cele
bration. He was asked to ascertain the
facts, ana visited for that purpose the of
fice of the committee. On his return he
reported that an Eastern firm iiad the con
tract, and much indignation was expressed.
Finally a committee consisting of Messrs.
Saroni, Snyder and Currier was appointed
to confer with the Fourth of July commit
tee, and devise ways and means to have
only California products used in the cele
The board of directors will meet again
Four Coroner's Inquest*.
Four inquests were held by the Coroner yes
day. The first was in the case of Max Fried
man, the Russian who shot himself in the
mouth on the 9th inst. while suffering from
melancholia. A verdict of suicide was ren
dered. Similar verdicts were returned in the
cases of Joseph Szuitz, the plnmber who
hanged himself on the 13th Inst. at 423 Du
pont street, and J. Plummer, the commercial
traveler who took poison in Jefferson Square.
In the case of Charles Wilson, who died from
the effects of a fall in the Supreme Conrt build
ing, a verdict of accidental death was re
Ladies and Gentlemen: It affords me
great pleasure to call the attention of the
public to my Yale's Hair Tonic, which is
the first and only remedy known to chem-
istry which positively turns gray hair back
to its original color without dye. I per-
sonally indorse its action and give the
public my solemn guarantee that .it has
been tested in every conceivable way, and
has proved itself to be the only Hair
Specific. It stops haib falling imme-
diately and creates a luxurious growth.
Contains no injurious ingredient. It is
not sticky or greasy, on < the contrary, it
makes the hair soft, youthful, fluff y, keeps
it in curl and ' removes dandruff, For gen-
tlemen and ladies with hair a little gray,
streaked gray, • entirely gray and with
BALD HEADS it is especially recom-
All druggists. Price, $1: also Yale's Skin
J-ood, $1 50; Yale's Complexion Cream, $1:
Yale'<i Face Powder, 50c; Yale's Benutv soap
25c. Mme. Vale. Health and Complexion
■ Specialist, Temple of Beauty, 146 State street,
Chicago. Guide to Beauty mailed free. • -
A LADIES' GRILL ROOM
Has teen established In the Palace Hotel
ON ACCOUNT OF REPEATED DEMANDS
made on the management. It takes the piace
of the city restaurant, with direct entrance from
-Market st. Ladles shopping will find this a most
a>slrab<« place to lunch. Prompt service and mod-
•rate charges, such as have given the gentlemen*
Grillroom an international reputation, will prevaJ
to this new department.
The exception proves the rule.
Intelligent economizing econ-
omic buying — is woman's forte.
Put a dollar in her hand and
you increase, its buying power.
Her judgment is keen, her
saving instinct unerring.
That's why women are our
most constant customers.
FINE SHOES RETAILED
AT THE FACTORY AT FAC-
TORY PRICES— the retailer's
Wholesale Shoe Manufacturers, .
581-583 MARKET ST.
Open till BP. H. Saturday Nights till iO.
MOHTBOMERY & CO.
For the ensuing week we quote:
Ghirardelli's Eaele, per lb 200
Baker's Eagle, per lb.. 20c
Ghirardelli's Eagle, ground, 1-1 b. tins. . 25c
Ghirardelli's Vanilla, per lb 35c
Ghirardelli's Breakfast, per tin 20c
Baker's Breakfast, per tin...... ....20c
Fry's Homeopathic, per tin 20c
Epps' Homeopathic, per tin 200
We are the only house in the city that
sells Schweitzer's Cocoatina, "the queen
(81 Sixth Street.
STORES 1 118 Third Street.
1 1645 Polk Street.
N. B. — Store closes every evening at 7
o'clock, except Saturday.
TITASTINa DIBEABES WEAKEN WOW^eST
" fully because they weaken yon slowly, gradu. :
ally. Do not allow this waste of body to maka
you a poor, flabby, Immature man. Heal th, strength
and visor is for you whether you be rich or poor. •
The Great Hudyan Is to be had only from the Hud-
son Medical Institute. This wonderful discovery
was made by the specialists of the old famous Hud« •
son Medical Institute. It fa the strongest and most ;
powerful vltallzer made. It Is so powerful that It
is simply wonderful how harmless It is. You can
ret It from nowhere but from the Hudson Medical .
Institute. Write for circulars and testimonials.
This extraordinary Rejuvenator is the most
•wonderful discovery of the ape. It has been en« ■
dorsed by the leading scientific men of Europe and
. H ID YA3T fa purely vegetable.
■ HI'DYAX stops prematurencss of the dis- '
charge In twenty days. Cures I.OST MAX-
HOOD, constipation, dizziness, falling sensations,
nervous twitching of ihe eyes and other parts.
Strengthens, invigorates and tones the entire
system. It Is as cheap as any other remedy.
HT7DXA3T cures debility, nervousness, emis-
sions, and develops and restores weak organs. '
Pains In the . back, losses by day or night stopped
quickly. Over 2,000 private indorsements.
Prematureness means lmpotency in the first '
stage. It fa a symptom of seminal weakness and
barrenness. It can be stopped in twenty days by
the use of Hudyan. Hudyan costs no more than
any other remedy.
'■■ Send for circulars and testimonials. ■
TAINTED ' BLOOD-Impure blood due to
serious private disorders carries myriads of sore-
producing germs. Then comes sore throat, pimples,
copper colored spots, ulcers in mouth, old sores and •
falling hair. You can save a trip to Hot Springs by .
writing for 'Blood Book' to the old physicians of th«
HUDSON MEDICAL INSTITUTE,
■■ Stockton, Market and Klin Sta.,
. BAX TBJLKCIBCO, CAI» . _
f ILL k MM CO.
ATHLETIC GOODS ■
. • v
818-820 Market Street
•j I'HKLAN BUILDING.