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THE RAILROAD COMMONERS ENJOINED.
A Bigr Legal Battle Be
gun Yesterday by the
The Railroad Company Alleges
Confiscation of Its Prop
ATTACK STANTON AND LA RUE.
Weighty Questions of Constitu
tional Law and Equity for the
Yesterday afternoon the Southern
impany began its big legal
battle with the Railroad Commis
sioners by Sling in xne United States
Circuit Court a formidable complaint
asking that the Commissioners be en
joined from put ;ing into effect its 8 per
cent: Q train rates, from adopt
■ i 23 percent reduction iu
commodity rates, and from proceeding to
make any reduction in passenger rates.
Judge McKenna granted a temporary
■ling order, to be considered on the
Inst., and fixed the hearing of the
.lint for November 4. The complaint
1 up with strong affidavits by
J. C. C. F. Sinurr and other rail
The railroad company attacks the State
constitution and the Legislative acts from
which the authority of the Commissioners
proceed as being in conflict with the con
stitution of the United States, alleges that
the reduced rates are unreasonable and
unjust, that its property is being taken
without due process of law and, confiscated,
and that Railroad Commissioners Stanton
and La Rue are disqualified from fixing
the rates of the complainant because the
action was taken in accordance with an
election piedge and not in accordance with
Railroad Commissioner La Rue came to
the City yesterday, and to-day he and Dr.
Stanton will determine on a date for an
early meeting of the board. Attorney-
General Fitzgerald will have at least nom
inal charge of the case, but special counsel
will be employed by the Commissioners.
The suit brought involves the full merits
of the controversy, including the justice of
the proposed reductions, the legality of
the commission's acts, and the constitu
tionality of the laws giving it power.
Pending the big legal battle, the commis
sion will be eßtopped from further pro
ceedings in the line of rate reductions.
It is recited in the course of many pages
of the complaint among other things that
the complainant is a corporation existing
under the laws of Kentucky and a citizen
of that State; that the defendants derive
al! their authority and power from section
22, article XII bl the constitution, and
from an act of the Legislature approved
April 15, 1880; that the complainant
operates several lines of railroad, together
with their rolling stock and equipment?,
which lines are operated as one railroad
■vstem, called its Pacific system, and that
the Pacific Company has a paid
up capital stock of $120,934,170, distributed
among 150 shareholders.
The various lines of railroad and the
corporations owning them between Port
land. Ugden and Kl Pa«o, comprising the
Pacific system of the Southern Pacific
Company, are .enumerated. The indebt
edness and interest charges of the com
panies owning the lines so operated are
given. Their indebtedness aggregates
$95,337,400 and the annual interest charge
IB (8,417,234. These lines the complainant
must maintain, i ay the taxes of and pro
vide for and pay the interest on the
bondel indebtedness mentioned. The
complainant must pay into the treas
ury of the United States 25 per cent
of* the net earnings of the Central
Paciric road, and must pay $235,000
annually into a sinking fund, and
must pay the Central Pacific Comnany
one-half of any net earnings above 6 per
cent of the par value of its stock, $67,-
I >e complainant must annually
0 as rent for the roads operated,
and other required payments to the lessors
are specified. The companies owning the
lints are the Oregon and California, the
al Pacific, the California Pacific, the
Northern, Northern California, Sooth Pa
cific Coast and the Southern Paciric Rail
road companies of California, Arizona and
• iese companies, except the Cal
ifornia Pacific and the Northern Railway
Company, it is asserted, have for more than
a year received any profit or net income
from fui.ds payable to them from the com
plainant or paid any dividends. The sur
plus received by thetwo companies men
tioned is less than 2^ per cent of its paid
up capital stock. The complainant has in
vested 14,832,49178 in the purchase of
property necessary for the operation of the
gaid roads, and of this $-1,000,000 is invested
"In order to enable your orator to oper
ate said railroads and* to secure to it the
posh':tMon and us=e thereof, it is necessary
that its income therefrom should be suffi
cient to pay the cost ana expense of the
maintenance thereof, of the service thereon,
of the interest on said bonded indebted
ness and of the other fixed charges herein
before f-et forth, and your orator is law
fuiiv entitled to some compensation for
the use of the said several railroad proper
ties engaged, used and employed in its
business, as aforesaid."
It is also decided that the interstate
tralfic of the company is conducted at rates
i.xed under an act of Congress: that the
traiiic exclusively within the States of
California, Oregon and Nevada is con
ducted at rates fixed by the Railroad Com
sionera of those Btates, and that the
• aiiforniit rates are now lower, both
actually and relatively, than the rates so
iixed in either of the other States. Said
rates were, until 1804, no more than suf
ficient to operate the roads, ana in 1894,
when the business depression set in, the
complainant at these rates was unable to
Say the operating expenses and charges
"Your orator further shows that from
time to lime reductions have been made in
its rates of freights on various commodi
ties transported by it over the said rail
roads operated by it wherever tne same
lias been possible, fair or reasonable, so
that there has been a gradual and constant
reduction in its paid rates of freight for
more than six years last past, and that the
revenue per ton per mile derived by your
orator fr.iii the freight transported byit
for the period commencing January 1, 1889,
down to and including the 30th day of
June, 1895, was as follows, to-wit:
"Revenue per ton per mile for 1880, f] 99 ;
1890, $1 85; I*9l, $1 84; 1892, ?1 81; 1883,
$157; 1894, $132; 1895 (to June 30), ?1 24."
The receipts of the company for 1894 are
; I 5,522 61 and the expendi
ture- ,!, leaving a deficiency
for that year oi $27(5,262 70. For the first
Biz months of 1895 the receipts are given
77 and tbr expenditures $16,
--812,302 10, tearing a deficiency for that
period of ?1, 470,176 39. Tlie.se expendi
tures include operating expenses, taxes,
reins, interest, sinking fund payments and
to the United States for the
Central Pacific Company.
Strict pradence and economy in the
itionof its lines is alleged." For the
year ending Juuc 30, 1805, there were em..
ployed seventy-one general officers, at a
dailv average compensation of $1(> 25, or a
yearly compensation of $361,079 04. Ex
clusive of general officers, for that year its
employes numbered 15,064, the daily aver
age compensation was $2 M, and the yearly
cost was $11,972,667 73.
"Tenth — Your orator further avers that
the rates now in force upon the several
railroads operated by it as aforesaid have
been fixed according to circumstances and
conditions surrounding the traffic and
with a careful regard for the financial,
commercial and competitive conditions
which enter into, affect or control the
making and relative adjustment of rates
and classifications and commodities in the
territory traversed by said railroads, and
are equitable and fair to the patrons of said
railroads, and in many cases are now fixed
at the actual cost of transportation by
reason of competition with other carriers
by railroad and water."
The resolution adopted by the Board of
Railroad Commissioners September 12,
1895, making the 8 per cent reduction at
issue and declaring the intention to make
a 25 per cent cut on other commodities, ib
recited, and also the service of the new
schedule of grain rates on September 26.
It is declared that the reductions were
made arbitrarily and without any evidence
showing that the reduced rates would be
just or reasonable, but on the contrary all
the evidence before the board showed* the
■opposite. Such rates would work serious
ana irreparable injury to and destruction
of the property and property rights of the
complainant. As nearly as can be estimated
it would diminish the revenues of the
company more than $1,600,000, leaving
them wholly insufficient to meet the
operating expenses and fixed charges of
the company, and the deficiency for next
year would exceed $4,000,000." The pro
posed reduced rates would seriously affect
the interstate business of the company
It is alleged that the defendants threaten
to reduce pass-neer fares, which are just
and reasonable, and thus further prevent
the complainant from paying its expenses.
A strong point is sought to be made of
the election of La Rue and Stanton on
party platforms, pledging the nominees to
effect an average reduction in railroad
rates of 25 per cent. The defendants
named were elected because of that pledge,
and the defendants (Stanton and La Rue)
are alleged to be disqualified thereby
from acting as members of the board
in fixing freight rates. The action
;of these Commissioners was not
taken in good faith, it is alleged,
but pursuant to that pledge without re
gard to the leasonableness o? the proposed
■ reductions, and, therefore, the actions of
! these defendants are void as to the com
plainant and deprive it of its property
without due process of law and deny to
it the equal protection of the laws.
Then, Commissioner La Rue is said to
■ be raising and shipping agricultural prod
j ucts, and as such has an interest in the re
i ductions, and is disqualified. ■
The provisions of the constitution of
| California and of the Legislative act which
; give the Railroad Commission its authority
; are attacked as in conflict with section 1
! of the fourteenth amendment to the con
| stitution of the United States in making
! no provision for a hearing of a carrier, pro
j viding that the commission's rates shall in
all civil or criminal controversies be
deemed conclusively just and reasonable,
and making no provision for a judicial de
■ termination of the justice of rates imposed.
A restraining injunction enjoining the
: defendants from adopting or putting into
| effect any schedule of rates in accordance
! with thesaid resolutions of the Board of
j Railroad Commissioners, or from reducing
| any of the passenger or freight rates of the
i complainant, or from instituting any
i action to enforce such reduced rates,
| pending the hearing of the complaint,
jis asked for. The complaint is Birned by
C. P. HnntinetOß, president of the com-
I panv, W. F. Herri n, solicitor, and J. C.
Martin, J. E. Foulds and E. S. Pillsbury
WILL ASK A CONTINUANCE.
Serious Illness of Deuprey
Causes a Delay In the
An Irate Father Attempts to Cause
the Arrest of One of the
It looks now as though a long delay in
the Durrant trial may be inevitable. At
torney Deuprey of the defendant's counsel
is so seriously ill as to be unable to leave
his bed, and his condition is so serious
that there is little likelihood of his being
able to go to court for some days to come.
As a result General Dickinson has decided
to ask for a continuance when the case is
called this morning, and there is little
doubt that it will b« granted by Judge
Murphy. District Attorney Barnes yes
| terday notified General Dickinson that he
wouid raise no objection to such a con
tinuance. Judge Murphy, therefore, is not
| expected to deny the motion, although he
j has shown himself very much opposed to
Mr. Deuprey was not able to be in court
the last two days of last week's session,
i and Sunday hi? ailment took another turn
! for the worse. He is suffering from mus
cular rheumatism of the most aggravated
form, and is almost constantly in great
pain. Last evening Dr. Palmer, his
physician, thought Mr. Deuprey was some
what easier, but did not think his patient
could attend court before a week or ten
days, and perhaps much longer. Whether
or not a prolonged continuance will be
granted is not known. It remains pos
sible that instead of a few days, as was
confidently supposed when court ad
journed Friday, weeks may intervene be
fore the end of the famous trial shall have
There seems to be another sensation im
pending m this most sensational of trials.
The latest story concerns the statement
which Miss Cunningham is expected to
testify she saw, sealed, in Durrani's hand
the statement inscribed, "To be opened if
I am convicted and to be returned to me
if I am not convicted." It was reported
yesterday that the packet had been taken
from General Dickinson's office by a re
porter for an afternoon paper. Ihe rumor
deals also with the names of two men
whom, according to Miss Cunningham's
supposed statement, Durrant says he saw
in the belfry tower with Blanche Lamont.
ISoth men havo been on the witness-stand
during ihe trial, and the implied accusa*
tions made by Durrant's attorneys might
have been based on this statement.
JUROR SMYTH IN TROUBLE.
Warrant Sworn Out for His Arrest
on the Charge of Battery.
Attorney Murasky appeared in Judge
Joachimseu'i court yesterday, accom
panied by Charles H. Brodenitin, 2129
Broderick street, who swore out a warrant
for the arrest of Horace Smyth, 2127
Broderick street, on the charge of battery
upon his son, George.
Mr. Brodenstin explained that his son
was sitting on the fence in front of Mr.
Smyth's house on Sunday afternoon when
Smyth crept up behind him and struck
him a violeut blow on the back with his
cane. The blow was so hard that the cane
was broken. T lie boy had been confined to
the house from the pain he was suffering.
After Attorney Murasky and Mr. Broden
stin had left with the warrant the Judge
was informed that the defendant was one
of the jurors in the Durrant case. He at
once wrote out an order for his release on
his own recognizance.
The iasuanco of the warrant caused con
THE SAN FKAINUISUO <3AL>Li 9 TUESDAY, OCTOBER 15, 1895.
eternation at police headquarters. Cap
tain Lees was under the impression that
there was a section of the code that ex
empted a juror from arrest during the
trial of the case, but he could not find it.
The warrant had not been served up to
a late hour last night, but the Judge's or
der for Smyth's prompt release is in the
City Prison. It is unlikely that the case
will be heard till after the conclusion of the
GORMAN'S GREAT HITS.
Exciting Game of Baseball at Central
Park Between the Olympics and
An exciting game of baseball was played
in Central Park Sunday afternoon be
tween the Olympics and Pacifies. There
was a large attendance, and the friends of
the Pacifies seemed to be in the majority.
The Olympics, up to the sixth inning,
had the best of the game, the score stand
ing 7 to 3. In the sixth the Pacitics had
three men on bases witn two men out.
Gorman went to bat and by a clean hit to
left field two men got home.
In the seventh inning the Olympics in
creased their score to 8. The Pacifies
again got three men on bases, and Gorman
again swiped the ball for a three-bagger
and three men got home amidst the great
est excitement, as this tied the score. Be
fore the inning closed the Pacifies added
three more runs. Stanley making a home
run by sending the ball under the fence to
the right field. Gorman was hugged and
slapped by his admirers till his bones
ached. In the next two innings neither
The features of the game were Gorman's
batting and Cosgrove's fielding. Cosgrove
made a magnificent and difficult catch at
right field. Iberg, pitcher for the Pacifies,
was superseded by Murphy, as he ran
against the first baseman while the latter
was trying to catch a ball.
The Pacifies won by a score of 11 to 8.
CONDEMNED A SICK 00W.
Milk Inspector Dockery Continues His
Milk Inspector Dockery shifted his thor
ough going work yesterday and attacked
the milk ranches directly; that is, the
make-3hift, swill-fed, ramshackle affairs
that pass as milk ranches.
Out on the San Bruno road he discov
ered a cowpen in which were several poor
animals afliicted with various degrees of
tuberculosis. One of them was in such an
advanced stage of the disease that Veteri
nary Surgeon Creeley, who accompanied
Milk Inspector Dockery, at once advised
that she be killed.
An order to that effect was carried out
at once. The owner stood by, but he real
ized that he was in such awkward straits
that he made no protest. The carcass was
left on the ground, and the chances are
that it will be fed to the chickens. The
other animals were carefully examined
and notes made of their condition. The
owner was warned that he must do some
thing for them or take the penalty of the
law. Sample* of milk were taken for sub
mission to the tests of the bacteric^ogist.
Milkman Roberts, who furnished some
of the condemned milk to the City and
County Hospital, will be arrested to-day.
A List of Them Will Be Handed to the
Board of Health.
Health Officer Lovelace has made out a
list of the grammar and primary public
schools which he believes should be closed
until the proper sanitary improvements
are made. The list, which is as follows,
will be handed to the Board of Health for
consideration at its meeting to-morrow :
Humboldt Primary, Starr King Primary,
Franklin* Grammar, Stanford Primary, Cleve
land Primary, Whitticr Primary, Longfellow
Primary, Riueon Primary, Jefferson Primary,
John Swett Grammar, South Cosmo
politan Grammar. Hamilton Grammar,
Lowell High, Broadway Grammar, Bucna
Vista Primary, Clement Grammar, Crock
er Grammar," Denman Grammar, Kdl
son Primary, Emerson Primarv, Garfield
Primary, Golden Gate Primary, llaight Pri
mary, Harrison Primary, Hawthorne Primary,
Hearst Grammar, Henry Dnrant Primary, Le
Conte Primary, Laguna Honda, Madison Pri
mary, Monroe Primary, Moulder Primary,
Normal, Ocean House, Pacific Heights Gram
mar, Peabody Primary, Polytechnic High, Red
ding Primary, Sheridan, Ocean View, Sherman
Primary, Spring Valley Grammar, Washington
Grammar, West End and Wintield Bcott
Coast Seamen's Wages.
At a meeting of the Coast Seamen's Union
last evening reports were read to the effect
that the efforts of the Ship-owners' Association
to reduce sailors' wages at Seattle, Port Town
send and San bietro have proved failures. Thn
sailors believe that the ship- owners have
abandoned the movement lor the present.
The Recognition Won by the
Goods of Paul Masson
of San Jose.
Used on the Tables of the Very
Best Circles of American
Nothing has besn done with more jus
tice to home production than the state
ment of a contemporary that "the Paul
Masson champagne has excited numerous
inquiries as to its origin, place and meth
ods of production."
For years it has not been denied that
California produces an excellent wine, but
until recently there has been a doubt ex
pressed as to whether a good California
champagne could be made from it. Thi«
distrust existed principally in the minds of
connoisseurs. Perhaps the very latest
fault-finding was that the quality of native
wine was all right, but California growers
had not the experience necessary to bring
their champagne to that degree of perfec
tion where a favorable comparison could
be made with the French article.
It devolved upon such men as Paul Mas
son of Sin Jose to arrive at that point in
the production of champagne. In doing
this he ha« been largely instrumental in
making Santa Clara County famous as a
wine-producing section of this State. He
not only taught grape-growers a valuable
lesson, but furnisned proof of the superi
ority of Santa Clara County by demon
strating the capability of the soil for pro
ducing the very best results in cham
paane. It must now be admitted that our
predecessors are not our superiors in this
line. The popularity of Paul Masson 's
"Special Dry 1 ' and "Extra Dry" has
grown steadily ever fince these brands w^re
placed on the market. In some localities
they have entirely superseded the French
product, and wherever known the demand
increases. Last season the annual product
was over a half-million bottles. This
champagne has a reputation on both conti
nents for high quality and perfectly main
tained uniformity. Mr. Masson makes but
one grade— the best— while in France
from three to four prades are produced. In
France it often occurs that the wine does
not contain sufficient natural sugar to
create the second fermentation at the time
of bottling, and other sugar must be
added. Mr. Masson has not found it
necessary to use any artificial aids. Thus
the Paul Masson wine is the pure juice of
the grape — a perfect sparkling wine, made
without the artificial use of gas, and pro
duced by the true process of unaided fer
mentation in the bottle. To-day the Paul
Masson Champagne is not only the favor
ite wine on the North German Lloyds,
where it established itself at once on Mr.
Oelrichs' first recommendation, but its
popularity on all of the Pacific Coast
Steamship Company's and the Spreckels
Bros.' steamers has carried its fame from
San Diego to New Zealand and Aus
trulia. If is now placed in the front rank
of the first-class champagnes in the esti
mation of connoisseurs and at the tables
of the very best circles of American society.
MRS. FOLTZ HOME AGAIN
The Dean of the Portia Club
Talks of Her Experiences
SOON TO LEAVE SAN FRANCISCO.
Graphic Description of the Wreck
of the Channel Steamer
Mrs. Clara Shortridge Foltz is at home I
again after an absence of (several months J
spent in touring England and continental
Europe. She arrived in the City Sunday
morning, but so quiet was her coming that I
few relatives and none of her friends knew !
of it. All yesterday, however, she was be- !
sieged with visitors, and when night came j
the founder of the Portia Law Club, and j
incidentally the most famous woman jurist j
in America, was completely tired out.
Mrs. Foltz talks charmingly of her Eu- I
ronean travels and the historical places
visited, but in all her experiences it is
doubtful if there is anything more in-
. MRS. CLAHA SHOETRIDGE FCLTZ.
[Reproduced from an engraving in Munsey's Magazine.]
tensely interesting, either in fact or fiction,
than her recital of the wreck of the chan
nel steamer Seaford, on which vessel she
was a passenger, and later the prompt
manner in which she called the English
company down, finally making them pay
for every piece of baggage lost. Inci
dentally she pays a delicate and well-timed
compliment to the efficiency of the Eng
"We, that is, my daughter Virginia and
myself, took the steamer Seaford at
Dieppe," said Mrs. Faltz yesterday, in
telling the story of her adventure. "Our
faces were turned homeward, by way of
London. Verv naturally our trunks were
full of beautiful wearing apparel and bric
a-brac, obtained in the two great European
cities. For a short time I remained on
deck to enjoy the fresh sea breeze and to
catch the first elimpse of the English
coast. A heavy fog coining up, however,
I went below, and on the way noticed the
captain at one of the tables, enjoying a
hearty lunch. I had scarcely reached my
daughter when a heavy crash came, and 1
instinctively knew that something terrible
had happened. The Seaford had been run
into by the heavy channel freighter Lvon.
"I cannot describe the feeling which
came over me, but something seemed to
say that the steamer was doomed, and so,
snatching up my golf coat and umbrella, I
pushed my daughter ahead of me up the
steps leading to the deck. As I started up
thecompanionway I called to those near
est that the steamer was sinking, but the
stewardess severely reprimanded me,
assuring the passengers at the same time
there was no danger, I did not mind this,
however, but again exclaimed that the
vessel was sinking, and that they must
lose no time in getting on deck. The
steamer's heavy laboring convinced me
that this was so. On deck we found the
crew getting the boats ready with mechan
ical precision. I called fora life-preserver,
which was promptly furnished me by one
of the crew, but as I did not know how to
put it on my daughter he d^id it for me.
By this time all the passenger*, 365 in
number, were on deck, and the crew, like
so many machines, began to fit them with
life-preservers. I haa often heard of the
perfect discipline of these trained crews,
but their work on this occasion convinced
me that their knowledge of just what to do
was as perfect as human agency could be.
They understand just such emergencies,
and are so trained that no orders are neces
sary. Stokers and engine men, black with
coal dim and besmeared with oil, fell to
work without a word.
"It is a matter of history now how the
passengers were saved from the ill-fated
Seaford, btit just the same there were any
Dumber of heroic acts on the part of crew
and passengers. One incident 1 recall par
ticularly. A woman attempted to jump
abo/ird the Lyon, but the vessel sheered oft
too far, and the poor creature fell be
tween the two. Quicker than it takes
to tell it, a seaman plunged over
board and two more let tnemselves
down the side to the Lyon by means
of tackle. The woman was drawn up
first, and then the seaman who at the im
minent risk of his life had plunged be
tween the two ships to effect her rescue.
In less than twenty minutes from the
time the Lyon struck us the Seaford went
down, and I shall never forget that sight
as long aa I live. Hardly had the Lyon
sheered off from the poor old laboring Bea
ford when the latter s boilers burst. The
uea was slowly closing over the deck when
there came a tremendous upheaval amid
ships, and a column of water, a -perfect
niagara of cascades, shot skyward. It was
a grand awe-inspiring sight and one I am
not likely to forget..
"T had some difficulty in recovering
damages for my lost baggage, but when I
made the steamboat people understand
that I was somewha tof a lawyer myself
they readily paid the amount of my
claim. They endeavored to explain that
the accident was an act of Providence, but
I coi J not see it just that way. The rep
resentative of the company said there were
several questions about maritime law
which women could not understand, but
when I pave him my card he quickly
changed his tune. He mumbled some
thing about Lord 80-and-So beinp at
Brighton and Duke Bomebody-Else off on
a hunting trip, and then asked me to call
again, a3 the matter would be considered.
I told him plainly that he must have these
titled gentlemen at the office next day,
prepared to pay the amount of my claim
or there would* be trouble. The result wns
that when I next called they gave me a
check for the amount."
The stay of Mrs. Foltz in San Francisco
is to be of short duration. It has been
rumored for some time that she intended
to give en her local law practice, and Bhe
now confirms the story.
"I shall take up the practice of law in
New York at a very early period," she said
yesterday, "and have already been re
tained by two firms doing a large foreign
business. I leave California with, regret,
mainly because of the family ties which go
to make one's home dear. 1 see, however,
there is little or no opportunity for a
woman lawyer here, and that is the prin
cipal reason which prompts me to make
"I have one hope and ambition in life,
and that is to build a woman's college of
law and in the Portia Club a firm founda
tion has already been laid. It is the only
institution of its kind outside of New York
which is recognized in legal circles, ana it
will continue to occupy this position and
grow in strength and usefulness with the
increasing intelligence and tolerance of the
people. It will nevsr cease to have my
best wishes and most earnest support."
Mrs. Foltz will remain in San Francisco
about two weeks and then depart for her
new home and wider field of labor.
DEATH OF GENERAL KEYES
A Well - Known Callfornlan
Succumbs at Nice at the
Age Of 85.
He Was a Veteran of the Regular
Army and a Pioneer of
Advices from Nice, France, announce
the death of General E. D. Keyes, at the
age of 85 years.
General Keyes was well known in this
State, having been a resident of Napa Val
ley and a large property-owner in this City.
Among other enterprises he organized the
Humboldt Savings Bank, and he was the
owner of a hotel bearing hia name on
Stockton and O'Farrell streets.
General Keyes was born in Hampden
County, Mass., in 1810, and came of a fam
ily prominent in the history of New Eng
He was admitted to West Point in June,
1828. He was graduated in June, 1832, and
immediately entered the service in a cam
paign against the Indian chief Blackhawk.
While on the way to Fort Dearborn, on the
site of Chicago, he was attached with
cholera and returned to West Point. In
1837 he was wedded to Miss Caroline V.
Clarke of Boston. He was at that time at
tached to tho staff of General Scott. He
was appointed Chief of the Department of
Artillery and Cavalry at West Point in
1844, and held the position until 1848. He
was then transferred to the command of
The gold excitement dissipated his sol
diers and he took up civil engineering.
He was soon appointed Citv Engineer at a
salary of $1000 a month and, having about
$10,000 a month on arriving here, laid the
foundation of a fortune, which was swept
away by tire in 1851. He suppressed sev
eral Indian uprisings on thin coast.
In 1859 he was transferred to Washington
as military secretary of General Scott. The
strengthening of the Union forts and the
raising and equipment of soldiers forth*
Civil W»r was intrusted to him by Presi
dent Lincoln. He was appointed briga
dier-general of volunteers May 17, 1861,
and took part in the battle of Bull Run.
He received official recognition for his
conduct in this engagement. He suc
ceeded General Buell when the latter was
sent to the West. He received appoint
ment as major-general of volunteers
April, 1862, for the part he took in the
battle of Williamsburg. He distinguished
himself at the battle of Fair Oaks, Malvern
Hill and Seven Pinea.
He resigned on account of censure for a
failure in a movement against Richmond
in 1863, which censure he considered un
just. After his retirement he returned to
this State and settled in Napa Valley, but
made several trips East and abroad.
A Johnstown Victim's Estate.
John Dibert, who was drowned in the Johns
♦own (Pa.) flood in 1889, left an estate in this
City, and the widow has petitioned the Superior
Court to appoint J. W. Albright administrator.
Save __ '' . u ' ,ui'..jrf / '. ._._".._. '_."! ' ... '. —
You can save money (at least
one-half) by dealing direct with
the great Wholesale Manufactur-
ers of Clothing. Your boy can
make money if he cares to exert
himself a bit.
Jj§||*\ — - — — -
THREE PRIZES fel?feS>3 $100, $75, $50
ixCSfl With every sale of $2.50 or more
O A _ we give a metal Souvenis. To
IiOW the three boys who bring us the
ttjj largest number of these Souve-
j[^ § nirs we will present three bank
-^ books (Hibernia Bank) for $100,
OOfl6 $75 and $50 respectively.
Props. Oregon City WooUn. Mills
For Man, Boy or Child
At Wholesale Prices
121*123 SANSOME STREET;
Bet. Bush and Pitta Sis.
•*— ■* ' * ALLBLUE SIGNS
ME IS ACKNOWLEDGED TO BE THE MOST
•*.* successful Specialist of the age in the
treatment of all Nervous. Chronic and Private
diseases of both sexes. Lost Manhood, Night
Emissions, Exhausting Drains, Impotency and
all sexual disorders of YOUNG, MIDDLE-AGED
and OLD MEN a life-long study and practice.
Prompt and perfect cures guaranteed. Thou-
sands of genuine testimonials on file.
OFFICE HOURS— 9 to 12 A.M. and 2to s and
7toBP. M. Sundays, 10 to 12 A. M. only.
CALL OR ADDRESS
F. L. SWEANY, M. D.,
737 Market Street, San Francisco, Cal.
(Opposite Examiner Office). ?%
The powers that be are the powers of Hudyan
A purely vegetable preparation, It stops all losses,
cures Prematureness, LOST MANHOOD, Consti-
pation, Dizziness, Falling Sensations, Nervous
Twitching of the Eyes and other parts.
Strengthens, invigorates and tones the entire
system. It is as cheap as any other remedy.
HUDYAN cures Debility, Nervousness, Emis-
sions and develops and restores weak organs;
pains in the back, losses by day or night stopped
quickly. Over 2000 private indorsements. '
Pre at ure ' means impotency In the first
stage. ' It Is 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.
Blood diseases can be cured. Don't you goto
hot springs before you read our "Blood Book."
Bend for this book. It is free.
HUDSON MEDICAL INSTITUTE,
Stockton, Market and Ellis Sts.,
San Francisco, Cal.
"V ■ Vkn An A lazatlve refreshing foi
IllEfflfi&ii (ruit lo«enie,
I Hlf nil very agreeabl eto take.
.-._.».-. hemorrhoids, bile,
■ nl Hi 13 fZ RJ losa of «PP«tite, gastric an*
I Sil U3 UB_ la intestinal trouble* and
■ IbU II 4« : ■■ headache arising
Bill I A&9 E. GRILLON,
&« K G I BH 33 Rue deB Archives, Part*
HJHIIwIwIII* Sold by all DiugtlMU.
su^i^vL/ A GOOD BELT
JvE^bis&&P^ c Sellson its me rits, but
iflßt'B vx/A.v./Vtt 7*K!«\ it takes big advertising
IgjL^Vv. '1 t V/ h3D| to sell a poor one - This
TQm^Zy^^\r** rycrr small udvenisemenc
9HHES£mI dress? ivp you our ad- I
oV&x<Xnf/ULr^^>rtF\ dress. Call and "lir. ;
' 'AV Pierce's Galvanic
"^LJs^- Chain BELT" will do the rest.
- /JYN, jfcl"Free Pamphlet. No. 2 tells
. ' all about it. Address
MAGNETIC ELASTIC TKUSS CO.,
704 Sacramento St., cor. Kearny, 8. F.
DRUQ B SAPEANO sure, send «c. fcr"Wonahs safe !
STDRISMQUAIIO!' Wiloox B»Ecirsc Co^rwmuF*. ,
JUCjferfJ*!^ \ •»n«a»*t | WM SaiUW I WiifciiJVlulizer.theprescrip.
* **y *%& *^ B?3 3^ £? tloa of a famous French physician, will qulcily cure you of all ner-
•l< \K\ -v W >!*& ' "VI v v or of the generative organs, such as Lost Manhood,
j9 '<** (?ffSp Sf tioaof a famous French, physician, will quickly cure you of al! c<>r-
\i\ ,\ i " \i von * or diseases of the generative organs, such aa Lost Manhood,
RS. 'm£Hi \* «^4I Insomnla^i'alns in the Back, Seminal .Emissions, Nervons Debility,
\ X. e/^vL \ >6^l!y i'imples, Unfltness to Marry, ExhaustiDK Drains, Varicocele and
. ir, \^ Jr ■' X.^ 3 -/ Constlpauon. ' It stops all losses by day or nicht .Prevents qoick-
* ' ■'■VaLir '' nessol discharge, whichlfnotcbeckedleadstoSpermatoiThOßaand
S prrncr unirrFß al' the horrors of Impotency. CITPIDEJIE cleanses theliver, the
V BEFOKb»NO«MEH kldneysand theurinaryor/ansoiaUliapßiiUes.
■** v CITPIDICBrE strengthens and restores small weak organs.
0 The reason sufferers are not cured by Doctors Is because ninety per cent sre troubled wlttj
■ X»jM>«t»tl t la. CUPI DENE is the only known remedy to care without an operation. SOOO testlmonl*
1 ; - als. A written guarantee given and money returned if six boxes does not effect a permanent cura
! H fl.oo a box, six for $5.00, by mall. Bend for tbxk circular and testimonials. /
1 V Address BATOL BIDICUII C0., P.0. Box SOTS, San Cal. TbrSalety /
I • BF.OOKS'PHAfIMACY.IISPOweUstrcrt.
Don't Bay Tonr Paper by the Quire
WHEN YOU CAN 6ET
0»e Pdund j
" ' Fine I: > I
WILL and FINGK. 1
Statinnery DepartmEnt m
618 Sl 820 MARKET S7 ■ W&
*«0 15 to 23 OVARREL Sf M
> $AN FRANCISCO. W
1-pound packages FINE NOTE PAPER, In '
cream white wove linen, ruled or plain, per
ENVELOPEB, high cut, square shape, to
match above paper, per box of 6 packages. 3sc
Box of PAPETEBIEof 24 sheets and 34 en-
KEEP YOUR VAXUAJBI.ES LOCKED.
CASH AND BOND BOXES.
Of Heavy Japanned Tin, with lock and key.
CASHBOX 7 inches long, as percut 70
■« 8 " .-.■» 85
» 9 " " »5
. :.•• io u " fl 05
" 11 - " 1 15
v •' . 12 « « .. 125
DON'T FORGET TO PRICE OUR
Before Purchasing Elsewhere.
NOTE— Special attention paid to grind-
Ing Razors, Shears and Edged Tools by
■killed mechanics. Prices moderate. :.
818-820 Market Street
"T>Y A THOROUGH KNOWXEDGE OF THE
JD natural laws which govern the operations of
digestion and nutrition, and by a careful applica-
tion of the fine properties of well-selected Cocoa.
Mr. Epps has provided for our breakfast and supper
a delicately flavored beverage, which may save us
many heavy doctors' bills. It is by the Judicious
use of such articles of diet that a constitution may
be gradually built up until strong enough to resist
every tendency to disease. Hundreds of -subtle
maladies me floating around us, ready to attack
wherever there Is a weak point. We may escape
many a fatal shaft by keeping ourselves well forci-
iied with pure blood and a properly nourished
frame."— Civil Service Gazette.
Made simply with boiling water or milk. Sold
only in half-pound tins, by grocers, labeled thus:
JAMES EPPS & CO., Ltd., Homoeopathic
Chemists, London, England.
pHARLEB H. PHILLIPS, ATTOKNBY-AT
\J law and Notary Public, 638 Market St., oppo-
site p alace JdoiH Besldtace 1020 I'ellsu Telf
phone 570. j