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The San Francisco call. (San Francisco [Calif.]) 1895-1913, October 04, 1895, Image 10

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STRIKERS AFTER FIFTEEN MILLION DOLLARS
Will Ask an Accounting
of the Hospital
Fund.
BIG PROFITS CLAIMED.
Said to Have Been Used to
Build the Market-Street
Railway.
THE PROBABLE DEFENDANTS.
Hundreds of the Ex-Employes of
the Southern Pacific to
Be Plaintiffs.
c recently come to the knowl
edge lencan Railway Union's
legal committee which have caused it to
.consider the a Ivisability of bringing a suit
Hpai:-. kern Pacific Company and
all-its various connections and stockhold
at will be farther reaching in its
than anything that has yet been
rtaken against those interests.
At the time the Central Pacific Railroad
w ; \r~ >tarted there was a hospital fund or
ed, it is claimed, for the ostensible
benefit of injured employes. To that fund
each employe was compelled to contribute
?1 a month, which sum was deducted
from his wages. Recently the monthly
assessment was reduced to 50 cents. This
feature has since been engrafted on every
•ration under control of the Southern
Pacific Company, with the result that to
day it is estimated there are no less than
:.(j()OU persons who are each regularly con
tributing 50 cents per month to this hos
pital fund.
It is asserted that when the Market-street
cable railway was projected some fifteen
years ago the fund had reached an amount
between $1,000,000 and $1,250,000, and that
this money was taken by Huntington,
Maniurd, Crocker and their colleagues and
used to build the Market-street portion of
the system.
It is further alleged the railroad mag
nates bonded the cable road for sereral
times what it was worth, and used a t>or
tion of the receipts from the sale of the
bonds for the purpose of making the Va
>. Hayes, llai^ht, McAllister and
Castro street extensions.
A abort time ago a blanket mortgage, it
is claimed, was issued for $17,500,000 and
the bonds thus created are now being
placed on the market. The informant of
\aierican Railway Union committee,
who is well posted on the internal affairs
of the railway company, states that if the
railroad people succeed in placing these
bonds they will have made a clear profit
on the street railway deals of about $15,
--000.000 on the sales of stocks and bonds.
All of this profit, it will be shown when
the contemplated suit is brough to trial, is
tiie result of the investment of the hos
pital fond.
Then, inaddition to this it will be shown
that -tare hospital fund has been at
at times diverted for the pay
ment uf betterments on the Southern
and Central Pacific lines and va
iher purposes of the railroad cor
poration.
information was brought by the
rican Kailway Union men to the at
tention of their attorney, George W. Mon
teith, to see if anything could be done
toward recovering the money they had
paid into the hospital fund while in the
employ of the company. Attorney Mon
teith looked into the matter ana yesterday
pave them an opinion substantialy as fol
lows:
"The hospital fund is a specific trust,
aod the custodians of the fund— the differ
ent railroad companies and those who
have access to it and notice of its trust
character— are in equity trustees for the
benefit of the contributors to the fund, who
are in a sense partners in the same.
'If these funds have been used for a dif
ferent purpose man that for which they
were originally intended, and if such dif
ferent use wasunauthorized— that is, with
out the knowledge and consent of the con
tributors to the fund— they are certainly
entitled to all the profit taat accrues from
i - s investment. And if the Market-street
cable railway and the other matters that
represent the investment of these trust
funds constitute a profit derived from the
inrestment of the trust fund they are
really an increase or accumulat'on of the
mm fund. For that reason the bene
riciaries of the fund are entitled to all the
profits derived from tiie investment,
wherever they may be found, within the
custody or control of those who have
notice of the trust, and &ny contributor to
the fund is entitled to an accounting to be
bad in the proper court.
'If a suit is brought it will be in the na
ture of a bill in equity against the differ
ent companies ana corporations who have
handled or diverted the fund and who
would be considered in the light of trus

"Soch an action would compel the rai;
road people to disclose just what was done
with these funds and to fully account for
them. When an employe of the railroad
terminates hi? employment he loses under
the railroad's ruling all the benefit of the
al fund, which, of course, is arbi
trary and illegal. He certainly oueht to
be entitled to recover the money he has
i>aid into the fund upon a proper showing.
There is no doubt it<;an be recovered on
the facts as shown to me.
"The plan of action that should be fol
lowed is to file a bill in equity, in which as
many of those who choose to proceed
against the trustees of the fund may join
as plaintiffs. Then it will be necessary to
ascertain the different persons and corpo
rations that have used these funds and
make them all defendants."
From au interview had with a promi
nent member of the American Railway
I nion it is learned that such a suit will
certamly be brought and that between 300
and 500 of the men who were thrown out
of employment during the strike of July
wlil join as plaintiffs. From the
same source it is also learned that among
the defendants to be named in the suit will
be the Southern Pacific Company of Ken
tucky, the. Southern Pacific 'Railroad,
Central Pacific Railroad, Western Pacific
Kailway, .California and. Oregon Railroad,
Oregon and California Railroad, Western
Development Company, Contract and Fi
nance Company, Pacific Improvement
Company, all the streetcar lines controlled
by the Southern Pacific stockholders, the
Rocky Mountain Coal Company, C. P.
Huntington and the estates of Charles
Crocker, Leland Stanford, Mark Hopkins
and D. G. Colton.
What is known aa the hospital fund is
supposed to be used only for the purchase
of medicines and persona! care and main
tenance of sick or injured railroad em
ployes while in the employ of the company,
the companyproviding medical attendance.
It.is claimed that the amount contributed
by the railroad employes is far in excess
of the needs of the sick and injured.
S ,None of the employes know who has the
handling of the fund, and the statement" is
made that there has never been an ac
coumiug in reiereuce to this iuud aiuce it
ve a ars 8t a a g r o ed * Sacramento some thirty
A HOME-MADE~~DIVOROE.
The R a ff«rty 8 Kept Out of Court and
Had No Trouble Until Alimony
Became Due.
Mr. and Mrs. Peter Rafferty of 1502 Mis
sion street decided that they could not
live happily together, so on July 29, 1894
they signea an agreement to five apart.
Ihe husband agreed to pay his wife $40 a
month, beginning in September last year.
The contract of separation has been ; ad
heredl to > but Mr. Rafferty is now §100 in
and M°r 6 f? lf °, n theaiiraon y contract,
mnnJl £. affe , rt 7 h&S begUn suit for th
money, She also asks the court to declare
her home-made divorce a lesral one.
Mrs. Rafferty's only trouble in the con
tract separation has been ia relation to the
alimony. She was unable to collect the
money, and as she could not cite her hus
band for contempt when he refused to pay
the money she concluded to leave her di
vorce business to the courts. All the
household property was given her at the
time of separation.
THE W. C. T. U. CONVENTION.
Mrs. Kimball Debates That
Her Sex Is Unequal to
Suffrage.
A Cry From Japan— Miss Severance
With a Nomination In'
Her Bonnet.
The fourth day of the W. C. T. U. con
vention, in the auditorium of the Young
Men's Christian Association building, was
opened yesterday morning with the song
"Blessed Be the Tie That Binds" and
prayer by Mrs. D. S. Dickson.
Mrs. P. H. Mathews read a paper on
"Sunday-school Work in the State." which
showed a cheering advance. Mrs. Purvis,
superintendent of narcotics, reported upon
the work of securing signers to a petition
for an anti-cigarette bill. Over 10,000
names were attached to the petition, which
was presented to the Legislature last ses
sion, but which was vetoed by the Gov
ernor after passing the Senate and Assem
bly. Mrs. Purvis suggested that the local
unions of the W. C. T. U. should try to
secure the promise of the grocery-dealers
to abandon the sale of tobacco. She had
received financial aid in her work amount
ing to $28.
Mrs. Van Pelt, upon the subject of "Lit
erary Bodies and Higher Education," said
that the most notable progress had been
through the Woman's Congress, where the
home and suffrage were made special
features of discussion.
Dr. M. B. Mallory said that she believed
that the very air was filled with "No
License" sentiments, and referred to the
recent complete victory in Sutter County,
where not only had prohibition gained,
but men have been elected who will re
spect their oath. The Supreme Court had
declared the validity of the ordinance, so
the liquor men had to yield. Yuba and
Yolo have begun the fight for prohibition
also.
Mr*. Arm strorrg- stated that the petitions
for "Sunday Rest" had received 1825 signa
tures. Letters had been sent to each mem
ber of the Legislature, and everything had
been done to arouse interest in it, but the
bill had failed to pass, and the cry had
been raised that the public did not" want
it. Mrs. Armstrong referred to the good
news that the Atlanta Exposition closes
on Sunday, and that the cities of New
York and Detroit are practically dry on
Sundays.
Mrs. A. B. Gore reported much good
work done in jails and prisons in the mat
ter of giving literature to the prisoners,
clothing to those discharged from confine
ment and assistance to their families. The
superintendent of prison work visits the
State prisons on first, third and fifth Sun
days of each month.
Mrs. Teats, superintendent of purity
work, referred to the successful passage of
the bill for the protection of girls, and to
its veto by Governor Budd. She stated
that the names of the legislators who
voted against that bill had been sent to the
Arena for publication and would soon ap
pear in that magazine with a picture of
Governor Budd who had vetoed it.
Mrs. Jinks spoke of work among rail
road employes, and Mrs. Bailey, the
supenn tendant of Eong, sugge&tJd the
publication of more temperance music.
Mrs. D. S. Dickson stated that an urgent
appeal had come from Japan for a W. C.
T. tJ. worker or teacher.
The beautiful annual memorial service
for the dead member? of the union was
conducted by Mrs. Nellie Eyster. The
following names of deceased members were
called:
Miss Je6sie Brown, San Francisco; Mrs. Ar
nold, Mrs. Dresser, Mrs. Annie McJDoupal, Pa
cific Grove; Mrs. Parmela Mast, Mendocino;
Mrs. Jennie Miller, Mrs. Lizzie Hudson, Mrs.
Mary Johnson, Stockton ; Mrs. Moberly, Wood
bridge; Miss Jennie Lyon, Linden; Miss Nellie
Kodehaver, Mra. Martha Watts, Auburn , Mrs.
liingham, Petaluma; Mrs. L. C. Alexander,
lleaidsburg; Mrs. Smith, Panta Rosa; Mrs.
Maher, San Rafael ; Mrs. Sarah Hartwiek, Mrs.
E. Downing, Miss Allies Doane, Gilroy ; Mrs.
Mary Layse. Lockport; Mrs. Mary Maxwell,
Kelseyviile; Mrs. Keese, Mrs. Lawson, Grizzly
Bluff; Mrs. Peyton, Port Kenyou; Mrs. Jennie
Gender, Suisun; Mrs. Susan Glenn, Mrs. J.
Meekc-r, Mrs. Lovett, Oakland.
Miss Sarah Severance is the lioness of
orators and when she gets to talking on
her pet subject, the suffrage question, she
sets a pace for the fastest stenographer on
the coast. It is said that when the suf
frage amendments go on the statute-books
Miss Severance will go to the Senate from
Santa Clara County, and that she has the
nomination in her bonnet even now. Her
speech yesterday before the convention on
"Universal Suffrage" was a masterly, or
rati.er, mistressly effort, full of the logic,
the tense and the wit of which that future
stall woman is noted.
Teii grams of greeting were received from
the W. C. T. U. conventions now being
held in Colorado and the southern part of
this State.
Editor Ada Van Pelt of the Signal, the
W. 0. 1. U. paper, reported that the jour
nal was completely out of debt and had
$12 in the office safe. This was considered
a better record than the editor of any other
association organ could show, and Mrs.
Van Pelt was commended as a good and
faithful servant.
A debate took place entitled. "Resolved,
That the stability of the Government
would be etidangered by universal suf
frage.' 1 Mrs. Kimball's humorous and
satirical remarks in opposition to suffrage
were keenly enjoyed by her hearers, but
the question was decided in the negative
and against her. In the course of her
speech she said:
"There are those who honestly think
that even women should be given the bal
lot—but let us look at what results will
follow. Women are inclined, so I have
read, to think along one line, and that be
ing the case bow could they understand
the necessity of considering so many dif
ferent things in municipal, State and
National government? A woman thinks
about what her home contains and also, at
times, what her neighbor's home contains.
First, there are her children, and then her
clothes and then her furniture, and how
could her mind take in the necessity of
legislation in regard to the tariff, or the
free coinage of silver. What would 6he
know about the laws for protection of
game ana fish? Immediately she would
tiiiuk such laws were meant to keep her
THE SAN FKAJs i CISCO CALL, FRIDAY, OCTOBER 4, 1895.
Charlie from going a-fishing whenever he
pleased and so would vote against them,
and tho result would be there would soon
be no fish.
"Then women, unlike men, are always
imagining that some harm will come to
their children, and she would everlastingly
be fussing over some law to prevent the
children from getting hurt, and it would
not be many years before there would be a
Ciovcrnmental apron-string, with every
child In the Nation tied to it. The fact of
the case is that women have for 6o many
generations confined their thoughts so
much to home and family that it would be
almost impossible for them to take into
their minds the creat things involved in
politics. Immediately some measure was
proposed in a caucus she would raise ob
jections and say it wouldn't be a good
thing for her Johnny, not being able to
understand that great minds must legis
late in the interests of great things— great
corporations, great monopolies and great
trusts. And so, home and children being
ever uppermost in the minds of women,
they could see no need of any legislation
only along those lines, and the old ship of
Btate would constantly be pitching toward
that side and threatening to zo over en
tirely.
"The mind grows by what it feeds upon,
and woman, having always dwelt in
thought upon such little things, her mind
is of small size, which makes' her unrea
sonable and at times difficult to deal with.
"Suppose some public building — for in
stance, a schoolhouse— were needed, and
the question was to be voted upon, some
plans for the proposed building were
drawn up and submitted to the voters. As
soon as the female eye fell upon them she
might at once declare that she would never
vote for such a building as that, because
the trimmings were represented as cut
upon the bias, and bias trimmings went
out long ago. She would vote for nothing
but straight work; and however much she
might be reasoned with, the chances are
that she could not be moved, but would in
sist upon straight work or none. I believe
nothing can be as unreasonable as a
woman. Of course, the many little things
upon which her mind is set includes peer
ing into corners to see if cobweb and dust
are there; ransacking closets, boxes and
trunks to see if mouse or moth are destroy
ing, and if she were given the ballot she
would consider that she could carry her
peering and investigating ways into public
affairs. She would poke around in school
houses, ransack the City Hall and
courtrooms, and even in the Capitol
building at Sacramento or Washington
she might sniff in every room to find evi
dences of smoke, which might discolor the
walls, or look for spots on the carpets —
none of these things indicate a wise or
statesmanlike mind. I think it would be
impossible to carry on Congressional,
legislative and municipal matters with the
present perfect order to which we have at
tained under the wise and carefully con
sidered plans of our great politicians if
women were given the ballot.
"Then another thin?: Women are much
more given to church -goihe than men, and
they are forever baking and freezing ice
cream and making crazy-quilts; and get
ting up no end of all sorts of things to help
out the pastor's salary or paint the church,
or pay the taxes, or something. Now, it
would be just like a woman to take into
her head that a part of her taxes might go
to help out the church and lighten her
burden in that direction, which we all
know would bring on a war at once, and
the (Government would »o down to rise no
more. Yes, the stability of our Govern
ment demands that conditions should re
main as they are. Women, idiots, insane,
criminals and Chinamen if allowed a
chance at the ballot-box would soon prove
that small and weak minds could tear
down what great man minds have builded
and perpetuated.
In the evening the Demorest grand gold
ni"dal elocutionary contest took place, in
which six young ladies, holders of medals
of a lower grade, competed for the prize.
They were Miss Mattie Burton of Golden
Gate, Miss Nettie Hale of Lodi, Miss
Blanche Britton of Fowler, Miss Josie
Brown of Madison, Miss Julia 30. Rix of
Irvington and Mrs. Ainiee Murrells-Ray of
Sacramento. . All the recitations were
upon the theme of suffrage and temper
ance, and each f.iir orator called upon the
young men of the republic to enlist under
the white banner which they figuratively
stood under.
The prize was awarded to Mrs. Aimee
Murrells-Ray, whose subject was "Our
Homes and Country in Jeopardy." The
address of Miss Julia E. Rix, "The Saloon
Arraigned, " was a well composed and vig
orously delivered piece.
KENNETH DUNCAN BACK
The Ex- Minister of the Howard
Presbyterian Church a
Wreck.
Ho Has Been Drinking Heavily and
Consorting With Habitues of
Saloons.
Kenneth J. Duncan has returned. He
came to San Francisco from the Sandwich
Islands on the bark Dimond, which ar
rived in port three days ago.
There is little in the Kenneth Duncan of
to-day to remind one of the earnest pulpit
orator who two years ago was acting as
pastor of the Howard Presbyterian Church.
A short time has sufficed to wonc awful
havoc with the delicate features of the ex
minister.
Since his arrival in this City Mr. Dun
can has not sought to meet his old ac
quaintances. Instead he ha 3 frequented
the drinking |>laces in which sporting men
and women congregate, and seemed to find
a solace in the noisy singing and in deep
draughts of whisky. He has made as his
special companions several young men
who have won names in the ring as
pugilists. To some of these he told his
story.
"He waa introduced to me under an as
sumed name," said one of them, "but
later he told me his name was Kenneth J.
Duncan, and then he related the story of
his life. He said that in Honolulu he had
been instructor and chaplain in a reforma
tory institution for boys.
"He did not know just what he would
do in California. He said he was no longer
in the ministry and that he had severed all
connections with the church."
Mr. Duncan was drinking heavily with
his new companions. Last night ne was
at several saloons.
It took several knocks at his door in the
hotel to elicit an answer., Then the door
was opened. In the shadow of the room
stood an emaciated man, half dressed.
His cheeks were sunken. Great dark
shadows encircled the eyes that looked out
in a startled way from a mat of hair. It
was Kenneth J. Duncan.
"Mr. Duncan, I want to get some in
formation regarding a portion of the
islands," said his caller. Duncan started
in a frightened way and, trying to close the
door, stammered :
"I— l am n— not the man."
To every question came the same re
sponse, the words being borne -forward on
a breath laden with the fumes of liquor.
The hotel register, however, showed the
name "K. Duncan" assigned to the occu
pant of that room, which showed that he
was the man wanted even had his face not
betrayed his identity.
Mrs. yon Meyerinck's Concert.
A highly successful concert was Riven last
night by Mrs. Anna yon Meyerinck at the
Mercantile Library under the auspices of the
library auxiliary. Mrs. yon Meycrinck her
self nang songs by Schubert. Brahms, etc., in
a very artistic manner, and Miss Cecilia
Decker rendered two songs sweetly and well.
R. W. Lucy won an unusual amount of ap
plause for his finished pianoforte playing, and
Charles Mayer's zither solos were also excel
lent. A. Solomon and Mrs. Mann won en
cores and Fred Maurer accompanied the
vocalists sympathetically.
Senator Fair* Mine.
The sale of Senator Fair's half interest in the
Pioneer mine to Pierre Humbert Jr. for $75,
--000 aas been confirmed by the court.
REJECT MR. MILLS' OFFER
Miners Say They Find Too
Many Defects in the
Document.
A COMMISSIONER IS SELECTED.
Edward H. Benjamin of Oakland Is
the Representative of the
Association.
The form of agreement offered by W. H.
Mills, the Central Pacific land agent, to
the mineral lands committeeof the Miners'
Association did not prove satisfactory
when the committee came together in
Chairman Ricketts' oftice yesterday after
noon to consider it.
Therefore it was rejected. The commit
tee selected Edward H. Benjamin of Oak
land, the proteatant in the larger number
of land contests still pending in the De
partment of the Interior, as commissioner
to represent the association's side to Mr.
Mills.
The executive committee is to meet Mon
day evening at. the Palace Hotel to con
sider various matters, among them the con
tingency of some agreement between the
Central Pacific and the association and the
preliminaries for the coming annual con
vention ; and then it will be asked to take
some step toward having a special fund
provided to cover the compensation and
expenses of the association's commissioner
for at least a year. The mineral lands
committee, in appointing Mr. Benjamin,
decided to make such a recommendation.
The agreement Mr. Mills drew up was
pretty thoroughly analyzed and pulled to
pieces when the two attorneys of the com
mittee and Mr. Yale got together. Mr.
Wright thought it was "vagne, uncertain
and meaningless," and Mr. Ricketts, hav
ing devoted a night to its dissection, had
prepared a critical enumeration of its de
fects, and also of some of its advantages to
the miners. Briefly, Mr. Ricketts opposed
it on these grounds:
First, it did not make the submission of
lands to the joint commission for examination
compulsory; second, there was no provision
to compel the commissioners to examine
lands; third, there was nothing covering
ponding protests and appeals and the prom
ised withdrawal of land selections, and no pro
vision requiring the commissioners to examine
the lands now in dispute; fourth, the third
subdivision of the aKieoment was ambiguous
as to lands not already listed; fnth, the latter
part of this subdivision might be construed as
carrying with it the unconditioned withdrawal
by the association of its protests and appeals;
sixth, a portion of the same subdivision might
be construed as a waiver on the part of the as
sociation of its right to appeal any pending
protests; seventh, there was no time limit in
the agreement; eighth, there was no specific
description ot what was to constitute mineral
lauds; ninth, the agreement would still con
line the question to the Land Department, in
which the conclusions of the commissioners
were to have judicial weight, whereas the
Miners' Association has more faith in the De
partment of the Interior and did not desire to
jfo further than the provisions of the Idaho-
Moniana act the conclusions of the commission
appointed under which are prima facie and
not final; and lastly, the agreement was alto
gether too much open to construction anyhow.
But he also saw the following advantages
in it to the association :
First, Mr. Mills' action was evidence of the
fact that some change in the land system was
considered necessary by both sides to tho con
troversy ; second, it snowed that the rules of
July 9,*1894, by .which the Land Department
of the United States is governed, do not pro
vide for proper protection to mineral lands;
third, it showed, also, that no proper Investi
gation can be had under those rules; fourth,
the agreement did away with the distinction
between lands within and beyond the six-mile
limit from known mineral land, nnd admitted
that such lands beyond might become also the
subject of investigation, and, in consequence,
eliminated from the railroad granU; lifth,
there was nothing in the agreement to prevent
its abrogation at any time; sixth, there was
nothing in it to prevent the association from
continuing to file protests against any future
selections of land, and seventh, there was
nothing to prevent either party from appealing
to Congress for legislative action.
Therefore he was inclined to regard Mr.
Mills' proposed agreement as a big conces
sion to the claims made by the association
for a fair examination of the lands in
volved in the railroad grants, and, viewed
in that light, to consider it a great victory
for the miners. Nevertheless the form,
as drafted by Mr. Mills, was open to too
many objections, he said, to be accepted.
It was then that Mr. Wright tersely de
scribed it as "vague, uncertain and mean
ingless," and Mr. Yale characterized it
with one word, '"ambiguous."
Messrs. Wright and Ricketts agreed that
Mr. Mills' form of agreement would not
apply to any of the selections of land al
ready made,
"Why, when I go to Mr. Mills," observed
Mr. Wright, "he treats me as if I were an
oyster, and I am told he treats everybody
the same way, whatever their degree of in
telligence. This agreement is simply mo
lasses to catch Hies with."
Mr. Yale thought the proposition sub
mitted by the miners had been entirely
ignored, and in Mr. "Wright's opinion it
"had been ignored because it was precise."
Mr. Ricketts remarked: "In his first
proposition he favored riling relinquish
ments; now he wants to accejit the decis
ions of the General Land Office and does
not intend to file relinquishments."
The draft of agreement made by Mr.
Mills was formally rejected by the follow
ing resolution from Mr. Wright, supported
by Mr. Yale's second, and unanimously
adopted:
lhsolvcd, That the form ol agreement sul>
mitti-d to this committee by William H. Mills
of the Central Pacific, eie . be rejected, and
that Mr. Mills be informed by the chairmjwi of
this committee that this committed stands
upon its proposition submitted under date of
September 17, the same to be subject to such
minor modifications as shall in no manner in
terfere with any essential particular.
Before the committee adjourned Mr.
Ricketts said he had found a letter writtea
by Land Commissioner Drummond to
Secretary Delano in 1871, showing that an
agricultural patent had been issued to the
Western Pacihc for land upon which a
quicksilver mine had been discovered sub
sequently.
HIS MIND TAILED HIM.
Examination of a Weil-Known Con-
tractor for Insanity.
"I'm going to free Ireland and distribute
happiness to all the world in five-pound
packages," shouted Owen Clements before
Judge Hebbard yesterday. He flourished
a big revolver to emphasize his remarks.
Several Deputy Sheriffs who were closely
watching him soon had him where he
could do no harm.
Clements is a member of the firm of
Clements & Philbin, contractors. For
some time past he has been showing signs
of mental weakness, so his friends took
him before the Insanity Commissioners
yesterday for examination.
Among the friends who testified regard
ing his condition were Charles P. Schaefer,
Peter Gillooly, Mary Mulholand, J. W.
Schinkwin and D. Sullivan.
Clements is a single man. He is the
owner of valuable property and his firm
has a number of good contracts outstand
ing from which Clements will eventually
receive fair profits. On account of this
property the case went over until this
morning, when more of Clements' friends
will appear and help to do what they can
to have a proper guardian appointed to
look after Clements and his property.
MANAGER ZfiUTTSCHNITT.
He Arrived L,aßt Night . and Discussed
Southern Pacific Affairs.
Julius Kruttschnitt, the new general
; manager of both the Pacific and Atlantic
systems of the Southern Pacific: ■ Railroad
Company, arrived ia Sao Francisco laat ,
evening. Apartments at the Palace Hotel
had been reserved for him, but on his ar
rival he was escorted to Collis V. Hunting
ton's house on California street and there
passed the evening with the president of
the company.
Mr. Kruttschnitt is a young man of
Southern birth, whose work has been
mainly done in the South. Judging from
his general appearance, his speech and
movi-ments, one would say that he has the
physical as well as the mental capacity for
performing a vast deal of work. His greet
ing to interviewers is frank and cordial.
He said last night that he would go to
work this morning. When asked if he
contemplated the making of many changes
in the operating department of the com
pany he said:
"I have not had time to give the subject
much attention. When I was appointed
many reports were put in circulation that
changes were intended, but rumors of the
kind usually spring from the imagination.
I brought no one with me from New Or
leans and do not know that the operation
of the system under one general manage
ment will afford great opportunity for
reduction in the number of assistants. At
present I cannot say what changes, if any,
will be made."
Mr. Kruttschnitt said that he was quite
a stranger in California, although he had
been in the City before, but oniy for a
short time, lie passed through the San
Joaquin Valley by daylight yesterday and
embraced the chance to see as much of the
country and of the road as possible. He
seemed to be in excellent form last even
ing, free from fatigue and altogether
cheerful.
AGAIN AFTER HUNTINGTON
Ex-Strikers Determined to
Have Him Arrested and
Prosecuted.
A New Complaint to Be Filed
Against Him Within the Next
Ten Days.
C. P. Huntington's arrival in this City
has revived the desire on the part of a
large number of his ex-employes to have
him prosecuted on the charge of having
violated the interstate commerce act in
having issued a pass to Frank M. Stone,
good over all the lines of the Southern
Pacific Company, as Mr. Stone testified
during the trial of the strikers last winter.
It will be remembered that the indict
ment found against the president of the
Southern Pacific Company by the Federal
Grand Jury was dismissed on the motion
of United States District Attorney Foote
on the ground that t iie pass had never been
used in an interstate trip by the holder and
that therefore there had been no violation
of the law.
11l their search for testimony the A. R
U. men claim to have secured ample proo
that Mr. Sione not only used his pass to
and from Portland, Or., but also ..for two
trips to Ogden and return.
In a recent interview Mr. Stone etate
that he had not received his pass from Mr
Huntington until some time in April, ye
before the Federal Grand Jury the accuser
of Huntingdon say be testified that lie
received hia pass at.rut the 10th o
January.
The complaint is now being: preparec
and will be so drawn as to cover the use o
the pass during the early part of the yea
1894 as well as during July.
Attorney Monteith is to have charge o
the matter, but only consented to act on
the understanding that other counsel was
to be associated with him. He was waited
upon yesterday by a committee of the
American Railway Union, consisting of
C. E. Crandall and D. T. Williams, and
asked to press the matter with all possible
promptness and vigor.
It is thought the complaint will be filed
by Friday of next week, but who will be
applied to for the warrant for the arrest of
Mr. Huntington is not yet known, thoueh
it will be before some State or county offi
cer sitting as a Federal magistrate. In
this connection are mentioned the names
of MayoT Sutro of this City, Mayor Davie
of Oakland, Mayor McCarthy of San Ra
fael, Justice John A. Carroll of this City
and Police Judge Campbell.
PETITION BISHOP WARREN.
Resolutions Adopted by the Official
Board of Grace Church Regard
ing Transfers.
The official board of Grace Methodist
Episcopal Church has entrenched itself in
its stand of opposition against arbitrary
episcopacy.
Presiding Elder John F. Coyle was
present by request at the meeting of that
body at Grace Church last evening and
presided during an animated discussion of
the merits and demerits of transfers
which culminated in the adoption of
strong resolutions, one putting the church
on record as opposed to receiving pastors
from any but the California conference,
the other requesting Bishop Warren to
appoint Rev. M. F- Colburn pastor of
Grace Church.
A motion that Rev. M. P. Colburn sup
ply the pulpit of Grace Church pending
the Bishop's decision was carried.
The board elected officers and commit
tees for the ensuing year. The pastor is
ex-oincio president of the board, hence
that office could not be filled. Louis Pal
tenghi was elected secretary, F. L. Turpin
treasurer. W. F. Gibson, Alfred Anderson,
William Oakley and W. H. Wiester, mem
bers of the finance committee, and Benja
min Bryon its secretary.
Robert McLellan, D. Henderson, George
PenniiiKton, William Oakley, J. Sankey,
Benjamin Bryon, J. J. Nevvbegin were
made ushers and collectors.
Captain W. D. Kingsbury oi the Boys'
Brigade addressed the board, requesting
that the company be allowed the use of
the rear lot of the church property for the
erection of a drillhall, and a committee,
consisting of J. J. Truman, C. b. Holmes
and W. H. Wiester, was appointed to con
sider the advisability of according the
privilege.
Morphine Poisoning.
A man rented a room at 627 California street
on Wednesday night. About 3 o'clock yester
day morning he was discovered in an uncon
scious condition and was taken to the Receiv
ing Hospital. Drs. Thompson and Stice found
that he was suffering from morphine poisoning
and applied tlie usual remedies. lie had not
recovered consciousness at a late hour last
night, and the probability is that ho will die.
Letters were found in his pocket bearing the
address: J. S. Stevens, 181ti Taylor street.
Oakland. There was also a certificate of good
character in the same name, issued by the
Southern Pacific Kailway Company. He is a
man about 35 years of age.
Two Unapproved Verdictg.
The verdict of the Coroner's jury in the Jen
nie E. Morgan inquest yesterday was unsatis
factory to Coroner Hawkins. The testimony of
the girl's relatives and acquaintances showei
that sne had been despondent for some tliue.
She was found dead in her bedroom at 1001
Powell street Monday aftevnoon with the gns
turned on. The^jury's verdict was that the
cause of her death was unknown. Coroner
Hawkins refused to approve it. A similar ver
dict was returned in the case of Lawrence Ma
loney, the patient who escaped from St. Mary's
Hospital while delirious and leaped in the
bay from the foot of Folsom street. The Cor
oner took the same course respecting it.
[Always FIRST
: Gail Borden
! Eagle Brand
! CONDENSED HILK
1 For 35 years the leading brand. It is the
1 Best «nd the most economical.
| A PERFECT FOOD FOR INFANTS
HARBOR ROCKS DOOMED
Congressmen Think Money
Will Be Voted for Their
Removal.
ARE MENACES TO NAVIGATION.
Members of the Delegation Take a
Trip About the Bay and to
Fort Point.
The big cannon and the mortars at Fort
Point and the rocks in the harbor that are
sources of danger to navigation received
the attention of members of Congress yes
terday. On the bay the honors were done
by Harbor Commissioners Colnon and
Cole, who took the party out in the State's
tug Governor Markiiam.
At Fort Point General Graham, with a
battery of artillery, tired h Senatorial
salute of seventeen guns and showed off
his battery in some evolutions, and Lieu
tenant Armand Lissak showed off the big
new Krupp sun that guards the Golden
Gate by firing a 1000-pound projectile
against the Marin County shore.
. The party boarded the Governor Mark
ham at 10 o'clock. There were present
Senators White and Perkins, Congress
men Loud, Hilborn, and Barham; Harbor
Commissioners Colnon and Cole, Colonel
Mendell, Professor Davidson; John C.
Coleman, vice-president of the North
Pacific Coast Railroad ; Captain McKenfcie
of the steamer San Rafael, J. W. Harrison
of Sausalito and Miss Hazel Colnon.
The tug lirst steamed out by Blossom
Rock, Arch Rock and Shag Rock, all of
which Colonel Mendell has recommended
be removed. Under the harbor and river
act of 1894 he made a preliminary exam
ination and reported that the harbor was
worthy of the improvement of having these
I rocks, the two Mission rocks, the Broth
ers, inside the harbor, and the Noonday
and Anita rocks, outside the heads, re
moved, and recommended that a survey
and estimate of the cost of removal be
made.
The cost of this work would be, accord
ing to rough estimates made by members
of the party, from $30,000 to $50,000 in eucb.
case.
Professor Davidson stated that the rec
ords show that seventy-one vessels have
gone on the rocks in the bay, nineteen on
; the rocks at Fort Foint,nine on Arch Rock
| and eight on Mile rocks in the entrance.
Three of the vessels going on Arch Rock
have been total losses. These weie the
Autocrat, valued at $100,000: the Winged
Racer, $45,000, and the Flying Dragou,
$55,000.
On Noonday rocks the loss by the
wrecking of the Noonday was $300,000 and
of the Alaska $57,000. The Joss on vessels
I totally wrecked or injured on all the rocks
i ran up into the millions, a dozen times as
much as it would cost the Government to
blow them all up.
While passing Blossom Rock Professor
Davidson reminded the party that it ob
tained its name from the British sloop of
war of that name which ran upon it in 1826.
All the members of Congress expressed
the belief that there would be no trouble
in getting an appropriation in accordance
with Colonel Mendell's recommendation
for surveys and preparation of necessary
plans and estimates for the removal of
most of the rocks.
Senator Perkins said: "I think that we
can get the appropriation for the surveys
at the coming session, and that, of course,
is all tiiat can be asked for until it is known
what the work will cost. Then, I think,
we should be able to get appropriations of
$50,000 a year until they are all removed.
j The losses that have been incurred would
have paid for the work adozen times over."
A stop was made at Lime Point to look
into the question of getting a wagon road
built from Sausalito to Point Bonita light
house. J. W. Harrison advocated this in
behalf of the people of Sausalito. He
pointed out that when the steamer New
York went ashore there was no road over
except through private property by roads
that were three or four miles longer than
the proposed highway would be.
From there the party steamed out the
3olden Gate by the Mile rocks and back
to Fort Point.
Lieutenant J. E. Kuhn of the Engineer
Corps, who is in charge of the building of
the fortifications, and Lieutenant Summer
all of the artillery met the party at the
wharf.
They were driven in a four-mule bus
upon the bluff where General Graham was
stationed with a battery of artillery which
lired a salute of seventeen guns and was
put through some evolutions. The four
sunken batteries with sixteen big mortars
were inspected, after which the party went
up and watched the firing of the big can
non on the biuff by Lieutenant Lissak.
Senator Perkins received yesterday a
telegram from the Board of Trade of
Eureka asking the delegation to pay a visit
to that harbor. He replied that at pres
ent, at least, it would be impossible to do
so, as Senator White returns to the south
to-day. All the members, ne said, were in
favor of keeping up the work that is being
done there.
A Permanent Fa9tur.
Tho First Christian Church is to have a per
manent pastor, the Rev. James Small, who has
been a pastor at Dcs Moines. Rev. Sir. Small
will occupy the pulpit on the first Sunday in
November.
NEW TO-DAT.
kellyFlieW
CLOAK AND SUIT HOUSE,
120 JtSi IS jS^IEIL IST ST.
rjIHE NEW STYLE JACKETS, CAPES,
J. Dresses and Misses' Coats are here, better and
cheaper than you can find anywhere. Immense
assortment to select from, so there is no danger of
your having a coat like everybody else.
BWELL JACKETS, fine Kersey cloths,
new sleeve, new backs and big but- .
, tons; black, navy and brown; all Q>(*.tiO
sizes... tJpU —
STYLISH BOUCLE CLOTH
JACKET, ruAmiolin sleeve, box •
front, . ripple back, blacks and dfti A. OO
navies, all sized tJpJLv/ —
NOBBY TAN KERSEY JACKETS,
swell sleeve, ripple back, box front, <H»1 A. OO
also in black, blue and br0wn...... tJD-1-"
ALL-WOOL BOUCLE CLOTH Double
Cape, 24 Inches deep, extra full and
trimmed with four rows of narrow G>Ci 00
braid «3>O
FINE PLUSH CAPE, 24 inches long,
■ silk lined, ■ extra fall sweep, fur A.OO
trimmed... JLU
FITK CArKS AND NECK KUBSi
BLACK FRENCH CONEY CAPES,
24 inches deep, good sweep, silk C^O.BO
• lined.. tJpO
FUR ANIMALS FOR NECK SCARFS, CM .75
\ gpriDE heads, from. «JpJ
Clinkers
In the grate put out the fire.
Dead tissue clogs and poi-
sons the body. It must be
expelled by skin, bowels,
kidneys and lungs, or the
first slight sickness will
soon develop into a very
serious .matter. A cold
checks the action of these
organs. They need that
healthful stimulant,
Duffy's Pure
Malt Whisky,
which prudent people kno\v
to be a shield against grip,
bronchitis and pneumonia
and other ailments on the
winter list. -It prevents
congestion and gives appe-
tite. Just what is needed
when coughing, fever and
short breath give warning
of danger.
Sold by Druggists and
Grocers.
<Vi £Rs FA/(. Oq
DOCTOR ''-8 WE ANY,
WELL KNOWN BY HIS LONG RESI-
» I dence and successful practice on the
Pacific Coast, guarantees, a prompt and
perfect cure of every case he undertakes.
Thousands of genuine testimonials on file
in his private office. Poor treated free on
Friday afternoons.
NERVOUS DKKII,ITY, Weakness of sex-
ual orerans, lost manhood, night emissions, ex-
hausting drains which unfit one for study, busi-
ness or marriage, treated with unfailing suc-
cess. Get cured and be a man.
I'K'fVATE, Crinary and .kidney ailments,
sexual diseases of every sort, blood, skin;
and constitutional diseases, rupture, piles,
varicocele and hydroccle quickly cured without
pain or detention from buatne s.
"WHITE at once if living out of the city.
Thouands cured at home. Book on Sj>eciat
Diseases sent free.
Office Hours— 9 a.m. to 12 M., 2to 5 and 7to
Bp. M.; Sundays, 10 a. si. to 12 m. only. ■■.:.■■
F. J,. SWEANY, M.l>..
737 Market Street, S. F., C'al.
Jy4?jr ' • | ifi|m. ■■ * > * < *
PMthe
■raH LABEL
Qhirardelli's
"GROUND"
CHOCOLATE'
IS HEALTH GIVING
MONEY SAVING—
IT IS IMITATED
BUT HAS
NO "SUBSTITUTES,
TS THE VERY BEST ONE TO EXAMINE YOTJH
X eyes and fit them to Spectacles or Eyeglassei
with Instrument* of hia own Invention, whoa«
•uperionty has not been equaled. My auooeM liM
been due to the merits of my work.
Office Hours— l 2 to * P. M.
WILL & FINGK GO.
HORSE CLIPPERS.
Power Horse-Clipping; Machines $37.50
Challenge Hand Clippers $1 .50
Newmarket Hand Clippers $2.00
Brown Sharpe Hand Clippers..... $3.00
Clark's Hand Clippers $3.50
OrindiDg and Repairing of All Rinds
818-820 Market St.,
Dielan Block. '
A LADIES' GBILLSOOF
Has been established in the Falace Hotel
ON ACCOUNT OF BEPEATED DEMANDS
made on the management. It takes tne piaca
of the city restaurant, with direct entrance from
Market st. I-adicn shopping will find this a moat
deslrabie place to lunch. Prompt service and mod-
erate chHrges, such as have given the gentlemen*
Grillroom an international reputation, will prtTal
U> this new department.
THE GSEAT MOISTUSS ABSOSBENT 1
"HUMIDINE"
Keeps Refrigerators dry and sweet,
preserves meats, butter, milk, etc.,
economizes ice, removes " refriger-
ator taste" and odor. Sold by
grocers and druggists. PENNA,
SALT MFG. CO. Aleo, Mfrs. Lewia'
93 fe Powdered Lye, Philadelpliia. ..
9

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