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title: 'The San Francisco call. (San Francisco [Calif.]) 1895-1913, May 09, 1896, Page 9, Image 9',
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Judge Garber's Strong
Ground in the Rail
STATEMENT OF RIGHTS.
Judge McKenna Talks Back and
Points Law With Farmers
and Ox Teams.
A POLE STAR FOE THE COURTS.
Two Features of a Day in Court
With State and Corporate Con
A momentous battle over what shall be
the taw of this great land on the funda
mental rights of States and corporations
in their common relations was going on in
the United States Circuit Court during
two hours yesterday afternoon.
It marked the very near approach of the
end of the present struggle between the
Southern Pacific Railroad corporation and
the Railroad Commission, or rather the
State of California. Yesterday was ex
pected to bring an end to the tedious argu
ments, but Judge Garber, «vho is making
the closing address, will not finish until
next Tuesday, when the case will come
Of course what was going on in the Cir
cuit Court was bat a part of the mo
mentous battle referred to. But this
pending case is the latest one of the similar
contests between great railroad corpora
tions and- States which have tried to regu
late them, which began but a few years
ago, and it will be an important factor in
a final result of National importance.
Judge McKenna's decision wiJ become
one of the "decisions' 1 in tue jurisprudence
of corporations to be quoted in accord
ance with the crasp and learning which
the man on the bench displays. The
court is but oue remove from the one of
last resort, where the evidence, arguments
and decision wiil be reviewed and provide
more law on the great issue.
So it was deeply important lawmakin?
•which was going on yesterday, as It has
been for so many weeks. All the vital law
in the case is provided by the decisions of
recent years. These decisions have con
strued constitutional and inherent rights
of persons. States and property, reversed,
modified and elaborated each other, and
bo gradually evolved to its present stage
the law on State control of corporations.
It is because this evolution isstiil in prog
ress, as . Judge Garber interestingly
showed, and because this case will possi
bly advance it another stage, that the case
has an importance besides that involved
in the question of whether or not the
fcfiat,e of California can regulate its rail
roads with more than meie police power.
There were not a dozen people in the
chilly and quiet courfroom. For two hours
Judge Garber talked at the Judge and got
talked back to, while Judge Hayne now
and then interrupted with a vital ques
tion, and W. F. Merrin, District Attorney
Foote ond two or three other attorneys
Bilently and intently followed the argu
ment, which two stenographers were wig
All this tremendous array of argument
in this case is interesting to corporation
lawyers. Scattered through it are facts
and ideas of general interest if they are
got hold of. But the dry elucidation of
decisions and the disputing about consti
tutional and common law and inherent
rights and all that is no circus to many
But some days are more interesting than
others in the Circuit Court, as elsewhere,
and yesterday was a highly interesting '
What: went on yesterday was exception
ally interesting lor two thines which were j
the maiu features of the proceedings. Judge '
Garber boldly, strongly and insistently
proclaimed the doctrine of the sovereignty
of the corporation in the use of its prop- i
erty. He declared, in effect, that the rail
road could charge a million dollars an
ounce a mile for Hauling freight if it
wanted to, so long as it didn't discrimin
ate unjustly or commit extoriion by cinch
ing some poor fellow for $2,000,000 an
ounce, if it got a chance to do so. Jud^e
Garber put the corporation doctrine of its
independent rights under the Federal con
stitution and its denial of the rights of
the State to interfere with the free nse of
its property in a stronger way than they
have been put during the argument.
The other feature of the day was an in
teresting colloquy between Judge Garber
and the court on the limitations of the
power of the State to regulate the cor
poration in the use of its property on one
hand, and the extent of the conflicting
property rights of the corporation on the
During this colloquy a layman could see
the vitallegal issue in the case stand out
clearly and alone. The incident was a
cathodopraph of the very inside of the
issue and of the partly formed legal doc
trine of vast significance which the courts
are slowly elaborating.
Where is the dividing line between the
two rights set in opposition— the right of
the State to regulate the corporation in i
the use of its property and the ri?ht of the
corporation to its property? Does the I
right of the State end, as the Southern Pa- I
cine contends, with the exercise of police
powers in preventing wronps of discrimi- ]
nation and the like, or may it go to the I
extent of regulating prices to the point of
confiscation, and what is confiscation?;
The takine away of one dollar which t he
corporation might be able to earn by force
of monopoly or only the cutting down o f
its income to a j oint below a "reasonable"
return on its capital? Has a railroad a
right to sti« out for any price for the use
of its property as a hotel man might for
the rent of his rooms, and does the Federal
constitution warn the State to let the cor
poration alone in this right? There is a
tangle of other tilings in tne case, of
course, but these wire the questions that
stuck out of yestercay's proceedings, and
they are the vital ones of the litigation.
In beginning his aidress Judge Garber
went at a lot of the decisions that have
been mauled about bo much during the
argument and argued that the later ones
greatly modified the earlier ones.
"In the tirst opinion on this issue the
court said that final power must lodge
somewhere, and that it should be in the
legislative power of the State and not in
the courts, said the alvocate. "It fol
lowed that the hundreds of millions of
property in Illinois was subject to the
arbitrary power of the Legislature, with
'. no appeal bat to the ba.lot-box. Bat it
. was recognized that prope-ty is safe from
■ popular emotion and coitrol. But in
.- cases following the Supretie Court said.
. 'We must not" be understood as goinz so
far.' They said that in those cases the
rea-onableness of the ra*e? was not an
issue. Tney conceded power to the Legis
lature, bat said there was a li-nit to which
it could go.
"What was that limit? In e constitu
tion of the United States, whfcb says that
property shall not be taken w\thont com
pensation and that no rerson *ball be de
prived of the equal protection cf the laws.
"The power of the Railroad Commission
in this State is limited by the provision
that private property shall not be taken
without compensation. It cannot trench
on the perfect right of private property aa
fixed by the constitution.
"If I own a piece of property that own
ership goes to all the enjoyment that
springs from it. Yon cannot take from
me the earning capacity any more than
the property itself.''
"Could any rates be reduced one-tenth
of a cent without it being confiscation?"
asked Judge Hayne.
"That depends. The limitation is that
you must not under pretense of 'regula
tion' accomplish confiscation. There is
ample scope for regulation under the de
cisions of the Supreme Court. The court
has said that the police power of the State
may be exercised in cases of extortion, in
wrongful uso of property— its use aa a nui
sance! That is the limitation under the
latest decisions; but you must not impair
the rights of property."
The court— Suppose a railroad Is con
structed through a region where teams are
the only other means of compensation.
The rates will be regulated, we will say, by
the laws of supply and demand you speak
of. The supply is the supply of railroads;
the demand is the demand of the farmers
for railroads. Can that railroad charge
the highest rates t .at that supply and
demand will allow without forcing the
farmers to the use of ox- teams?
Judge Garber-It can. It has the right
to charge the highest rate that will be
paid. The power of regulation comes in
preyentlng discrimination. Will your
Honor say that with my railroad I may
not charge all that the farmers will pay
me, without resorting to ox-teams or to
Tiie court—What shall be the test of
regulation? Shall it be the railroad's
power to earn without regulation?
Garber— l say so. ...
The court— What becomes of regulation?
Garber— The power of regulation is ap
plied to exceptional instances, when some
particular wrong is done.
The court — Suppose the railroad com
pany fixes its rate, which it applies equally
to all. You say that the value of the road
depends on its ability to get that rate.
Wticre. then, can regulation come in, the
railroad having made no discriminations?
Garber— The company is entitled to the
highest rate the people will pay. Why
shouldn't they resort to teams?
There was more of this, the court saying
that it was not prepared to go as far as the
advocate was going. Judge Garber eluci
dated further his contention that the
latest decisions confirmed the doctrine
that the State power ol regulationwas a
police one and that the property right was
the higher and more sacred one.
"This doctrine of the limitations to the
State's power has not sprung full-fledged
from the minds of the courts," Garber
said. "The courts are feeling their way to
it. The power of regulation was first
stated in the Munn case, and then this
power of regulation swallowed up the
riuhts of property. The question is,
Where is the dividing line between these
conflicting powers? The higher right is
the rigiu of property, and this has been
recognized in later decisions."
The court— The question is, Where does
the power of regulation end and the right
of property begin ? If the State has the
powerof regulation it must have the right
to exercise it. Does not this power extend
Judge Garber — It does not. The value
of property is its earning capacity. Since
the Munn'case the courts are finding their
way to the true principle that when the
power of regulation comes in conflict with
constitutional guarantees it must fall
back. This nas been the pole star of the
courts in their progress through these
cases. What matters if you say ttiis limits
the power of regulation? The full value
of property must be preserved under
normal and usual conditions, without
These expressions are typical of the chief
arguments yesterday afternoon.
BABY BROWNING'S FATHER
Flynn, Who Is Accused of Murder,
Being Examined Before
Some Important Additional Testimony
Elicited From Witnesses
The case of the People vs. J. T. Fiynn,
charged with the murder of the Browning
baby found dead in a valise, came on for
examination in Judge Low's court yester
With two or three exceptions the testi
mony did not differ materially from that
offered at the Coroner's inquest. These
exceptions may prove very material to the
After Dr. Fitzgibbon of the Receiving
Hospital had given his evidence relative
to the condition of the dead babe when
brought to the hospital, the probable
number ef its few short hours on earth,
etc.. Dr. Quigley.the physician in atten
dance at the birth, testified to some im
portant facts that were not brought out at
the inquest. Among other things he said
that he felt a little dubious about tbe wel
fare of the infant and asked Mrs. Shane,
the sister ol Mrs. Browning, if sne would
look alter the babe. Mrs. Shane^repljed in
the affirmative and volunteered the infor
mation that she was accustomed to take
care of children of instant a^e.
When the doctor left the house he in
trusted tbe baby to the care of tais wo
Mrs. Browning's testimony as to the
time of the child's birth and its taking
away by Flynn was the same on direct ex
amination as tnat offered at the inquest.
On cross-examination by Attorney Knight
for the defense she wavered somewhat and
finally broke down, necessitating the con
tinuance of the'ease until this morning.
When a*ked why she had the baby placed
in a bureau drawer instead of in the bed be
side her she hesitated and finally answered
that she thought the drawer would be a
good cradle for it.
A question relating to the certainty of
her knowledge of Flynn 'a paternal con
nection with tbe child, coupled witn a
delicate query as to the number of her in
timate male acquaintances, brought tears
and an adjournment.
The case will go on this mo rning.
Stanford University Professors Read a
Series of Interesting Lectures.
Stanford University was well represented
at the meeting of the Library Association
of Central California in the lecture-room
of the Mechanics' Institute last evening.
A number of papers appertaining to the
foundation and management of the great
libraries of the world were read.
"The Library of the British Museum"
was the subject ol an instructive paper,
read by Professor George Kriehn. This
lecture was followed by a discourse on
"The Literature of Libraries'' by F. J.
Tesrgart, librarian of Stanford University.
"Nooks in the Bookland of Boston" by
Professor Jphn W. Stillman concluded the
Last evening's meeting was the last
until next September, and in the inter
vening time another series of lectures will
be prepared for the winter season.
-•—• — « — »
Fire After Fire.
Three fires, all small, followed each other in
rapid succession yesterday. Tbe alarm for the
first was sounded from box 25, and it proved
to be at tne cigar factory of Wan Kit, 828
Washington Btreet. The loss was $200. At 7
o'clock the residence of Mrs. dishing, 1103
Fol>om street, was discovered to be on fire, the
alarm beiug sent In from box 122. The fire
was due to a defective stovepipe. Loss $150.
Thirty minutes later box 67 called the fire
lighters to 018 Harrison street, where a two
story frame, owned by the Kettle estate and
occupied by W. R. Smith, was found in flames.
The damage to tbe house was $200 and to the
THE SAN FRANCISCO CALL, SATURDAY, MAY 9, 1896.
THEY MUST WAIT
FOR THEIR MONEY.
Latest Decision in the Fam
ous Hale & Norcross
A JUDGMENT DELAYED.
The Affirmed Finding Can Be
Entered Only on a Final
EXPLAINING A FORMER OPINION
JuiJge H?bbard's Order Regarding the
$210,197 Reversed by the Su
The Supreme Court has rendered an
other decision in the Hale & Norcross
case — one that further complicates the
great damage suit and delays alt chance of
securing the benefit of one judgment until
he whole case has been settled.
The decision is quite a blow to the hopes
of certain stockholders; it means that the
|210,197 50 for which judgment was ren
dered by Judge Hebbard, and which the
Supreme Court takes pains to say was a
good judgment, must remain in abeyance
until the whole case has been settled.
This may mean a long time, and it will
probably be months at least before it is
finally turned over to its rightful owners.
When the case came up in the Superior
Court there were two charges of fraud
made, upon each of which the plaintiffs
sought to recover. One was for excessive
charges for milling, the other was for
fraudulent milling. The judgment of the
court was for the plaintiffs for over a
million dollars, $225,000 of which was for
excessive charges and the remainder for
fraudulent returns on the milled ores.
On appeal the judgment for $225,000 #as
scaled down to $210,197 00, and at that
amount it was affirmed. The other judg
ment was reversed because the Supreme
Court believed there haa not been suf
ficient testimony taken on which to base
such a judgment.
The case was sent back to Judge Heb
bard, and accompanying it was an opinion
containing this paragraph:
The Judgment appealed from is Ret aside and
the Superior Court" is directed to enter a Judg
ment as of the date of its former Judgment
against Alvinza Ilay ward and H. M. Levy for
the sum of $210,197 50, with interest from
that date, upoa the iss.ue presented by the
claim for having paid an excessive price for
milling the ore in the Mexican and Nevada
mills, and upon that issue the order denying
a new trial as to these defendants is nflirnied.
As to tne other appellants, except the Nevada
Mill and Mining Company, the order denying
anew trial as to this issue is reversed and a
new trial thereon ordered. Upon the issue
presented by the claim for damages sustained
3>- reason of the imperfect and fraudulent mill
ing, the order denying a new trial i-, set aside
as to all the appellants and the court is di
rected upon the evidence a 1a 1 ready taken in the
case, and such o'her evidence as maybe pre
sented by either party, to make unriinpa in ac
cordance with the views hereinbefore ex
Judfre Hebbard read the opinion and
entered the judgment as directed for
$210,197 50, and he set the other issue for
trial. Hayward and the others de
murred, for they said Judge JTebbard
could not enter the judgment until the
case had been decided upon every issue.
Fox, the plaintiff, showed the decision anl
said it could be done; Hayward et al.
showed the decision and said it could not
be done, but the order was made, and
Hayward and Hobart appealed from it.
For half a day learned attorneys argued
before the Supreme Court, asking that the
Judges explain themselves. Haywani's
attorneys argued long to show t!;at the
Supreme Court could have meant noth
ing else but that the affirmed judgment
should wait, and Fox's attorney, \V. T.«
Baggett, simply showed the decision and
asked the Judges to say what they did
The Judges were not prepared to ex
plain, so the matter was taken under ad
visement. The conrt has considered the
matter for some months, and now it is an
nounced that when the court said to enter
the judgment, it did not mean to enter the
judgment, it meant to hold the judgment
until the case should be finally decided
and then enter it.
In rendering its explanatory opinion
the Supreme Court says:
It is certain that the cases, if there are any,
which can be taken out of the general rule
above stated, that but one Judgment, linal in
effect if not in form, can be entered, must be
altogether exceptional and dependent upon
j-ome especial considerations. > o such consid
erations have been brought to our attention in
this case, nor were any such referred to in our
former opinion. In construing our former
judgmeni, therefore, the fair presumption is
that no direction to enter a final judgment on
some of the issnes, in advance of the trial oa
the remaining issues, was Intended.
On examining the terms of that Judgment
we are unable to find any plain or distinct di
rection of that kind. The court below was di
rected to enter a Judgment as of the date of its
former judgment, on the issue as to which a
new trial was denied ; and as to the remaining
issues a new trial was granted. No direction
was given as to when the particular judgment
should be entered; and tfte presumption is
that it was intended that it should be entered
at the same time as, and should constitute a
part of, the final judgment to be rendered on
oil the issues in the case, in accordance with
the general coarse of proceedings in like
Nothing less than explicit language to the
contrary would justily any other interpreta
tion. We are, therefore, of opinion that the
court below was not authorized to enter the
judgment appealed from until all the issues
between the parties before the court should be
determined; and that when the court shall
have filed its findings upon the issues as to
which a new trial has been ordeied, it will
then be its duty to render a single judgment
upon the whole case, which shall include the
judgment so heretofore directed to be entered.
The Supreme Court then goes on to
comment on its opinion and the interpre
tation put upon it in the following words:
It may be added, in justice to the learned
Judge of the court below and to counsel for
plaintiff, that the language of our former judg
ment was perhaps not happily chosen or alto
gether clear in this respect, and was possibly,
standing alone, open to the construction in
sisted upon by plaintiff. But when regarded
in the general rule of procedure applicable in
like cases, as above indicated, such con
struction cannot, lor the reasons stated, be in
Four of the Justices concur in this in
terpretation, but Justice Harrison and
Justice Garoutte atill believe the court
meant that the judgment should be en
tered at once.
The decision has postponed execution
on the $210,000 judgment for an indefinite
period. Judge Hebbard will probably de
cide the case on tbe fraudulent milling in
a few days now, and he will then enter
both judgments together. The case will
no before the Supreme Court again, and
in the meantime the judgment is waiting.
Rebearings and motions to continup, to
dismiss, to deny, will have to be argued
and decided, and the end of all is proble
matic. In tbe meantime the judgment
for $210,197 50, rendered by one court and
affirmed on appeal, will wait and wait.
Mr. B&ggett, wnile not satisfied with
the decision, is rushing things. He ap
peared before Chief Justice Beatty and
asked that the remittitur b<> sent down at
once. As the losing party, Baegett had a
right to ask that the usual thirty days be
waived, and an order was made directing
that the remittitur be issued forthwith.
The Hobart appeal now before the
Supreme Court is based on exactly the
earae point, and wishing to get that out of
the way. too, Baggett asked that a decision
be rendered in that coo. It had been stipu
lated that the argument on the one should
do for the other, and a decision on the one
would do for tbe other, but only the Hay
ward case had been decided. Judge
Beatty referred Mr. Bagßett to Judge Van
Fleet, who wrote the opinion of yesterday,
but Judge Van Fleet wanted more time to
consider the case.
Borne days ago the Supreme Court ren
dered a judgment of a similar dual char
acter as tbe one of yesterday. The action
was entitled Reed vs. Reed, suit for di
vorce and division of property. The de
cree of divorce waa sustained, but the
decision regarding the division of prop
erty was sent back for a retrial. The de
cree of divorce was entered at once, and
both husband and wife are at liberty to
marry again, but it would seem under tbe
latest decision that the judgment of di
vorce must wait till the settlement of
property. This case is cited by Fox and
others aa one which should have some
bearing on the peculiar circumstances of
the Hale & Norcross case.
THE NEW POSTOFFICE.
It Will Probably Be Constructed En*
tirely of California Products.
In all probability when the proposed
new San Francisco Postoffice is built it
will be almost exclusively of California
materials and products. The officers of
the Manufacturers' and Producers' Asso-
ciation are rejoicing that they will have a
finger in this big pie, so to speak. In a re
cent communication from Supervising
Architect Aiken of the Treasury Depart
ment at Washington to the association
he states that so far as possible he will see
that California products and materials are
used in the construction of the projected
postoffice. He requested that the associa
tion send to him the names of California
manufacturers and producers who handle
and construct products such as could be
used in the big United States builcing.
This was just what the association's
members desired, and Manager Tacy is
now canvassing the rield with the Idea of
presenting a good list to select from. He
lias found that the California manufac
turers and producers can furnish every
thing necessary in the construction of the
postoffice. Stone, granite, marble, brick,
etc., can be obtained in unlimited quanti
ties and of superior quality witi.in the
State's boundaries. Terra-cotta, artificial
stone, iron and steel work, bronze, electri
cal and sanitary appliances and products
of art and skill are also to be obtained in
abundance here. The names of 400 or 500
membeisof the association who desire to
make bids on materials in their respective
lines will oe sent to the United States
architect, together with their catalogues
and prices. Samples of stone, marble,
granite and similar natural products will
also be forwarded for his inspection and
tests. The contract for the glass, which
will no doubi be a big one, will probably
go out of the State.
SUTRO DEFENDS HIS ROAD
Charges the Half-Fare Agitation
to the Southern Pacific
He Declares It an Attempt to Depre
ciate the Values of Out-
Mayor Sutro is grieved, not to say indig
nant, over what he declares to be an un
just attempt to have the fare on his road
from Central avenue to the Cliff House re
duced to 2}4 cents, and lays ail tne blame
for the agitation on the Southern Pacific
Company. Speaking of the matter he
"This is a subject in which many of tte
improvement clubs have been misled by
designing persons. The transfers, which
are the rule now in San Francisco, make
car-rid in c as cheap in San Francisco, if
not cheaper, than in any other city I
know of. •
"A road operated on a 5-cent fare can
make but very little money, and so far as
the Sutro road is concerned the people in
the Richmond district can well afford to
contribute a trifle toward the revenue in
order to Day the expenses of operation.
"The fact of the matter ia, the 'Octopus'
is at the bottom of all tnis movement, in
order to depreciate outside lands, which,
without transfers, could hardly be reached
for a 2J4-cent fare for each road. In fact.
it would cost between."^ and 10 cents, and
this would, of course, Tamely tend to lower
values in property west of Central avenue.
"This movement is similar to the at
tempt of the railroad in Sacramento at the
last session of the Legislature to pass As
sembly bill 722. This measure passed both
houses, but was fortunately by my exer
tions vetoed by tbe Governor, on which
occasion I called him a noble Roman.
But the Qovernor has since fallen in with
the politicians, and I would hardly call
him a noble Roman no.v.
"The character of that bill was to estab
lish a fare of 5 rents for each three miles,
which would have counteracted the s cents
to tbe ocean which I have procured for the
"I am astonished to see that many of
the clever men of which the improvement
clubs are composed should have allowed
the wool to be pulled over their eyee in
this manner; and when they understand
the true inwardness of the thing no im
provement ciub will advocate a VA cent
fare and the withdrawal of transfers."
WANTED IN PORTLAND.
Lee Kee Pong Desired aa a Witness
Against Chinese Certlflcate-
United States Marshal Barry Baldwin
arrested yesterday Lee Kee Pong, wanted
by the Portland authorities on sundry
charges, including an alleged illegal en
trance into the territory of Uncle Sam by
means of a forged certificate.
Thursday morning Marshal Baldwin re
ceived a telegram from P. o. Chappelle,
special agent at Portland, to the effect that
Lee Pong was wanted by tbe Federal au
thorities of that city, and that tbe wily
Chinese would probably b« found at the
establishment of Quong Shing & Co., 15
A decoy special-delivery letter, duly
stamped "Portland," was prepared and
sent lor delivery by the regular carriers.
Lee Pong took the letter readily, but
hardly had he signed the receipt when a
Deputy Marshal made him a prisoner.
Yesterday morning tbe much-wanted Chi
nese appeared before Commissioner Hea
cock and was committed to jail, subject to
the order of the Portland officials.
It seems that Ke°. Lee Pong is wanted
as a witness against a new, recently organ
ized gang ot Chinese certificate forgers.
Pong is said to be a member of the firm of
Lung & Co. and indirectly connected with
the certificate manipulators now operating
in that city. _
M»y Build Toll Gates.
la the suit of Harvey S. Blood against R.T.
McCarty, the Supreme Court has decided that
local E-oards ot Supervisors may establish toll
gates to pay for building and keeping in repair
the county roads. McCarty was driving 3000
sheep along the Big Tree and Carson Valley
toll road in Calaveras County and Blood de
manded $30 toll. McCarty refused, and on
»uins for the $30 Blood was given judgment
for that amount. McCarty claimed that the
roads were public, and the Legislature could
not delegate the power to oostruct them to
local governments, but the Supreme Court
holds thai it can.
IT IS ALL TOO FUNNY,
J. B. R. Oslom's Letter to the
Coroner Threatening His
MISS L. BOWMAN LAUGHS.
A Gay Little Typewriter Who Cares
Little for an Unknown
Coroner W. J. Hawkins is in receipt of
one of his periodical letters announcing
the writer's intention to commit suicide
on account of the unrequited love of some
Three times in six weeks letters of this
kind have been received, and each time
the names of the ladies mentioned have
All these letters have been written by
the same man, and the language in each
has been much the same.
In a letter received by mail yesterday
morning the name of Lillian Bowman was
mentioned, and her address, 105 Grove
street, was also given. In this instance
the young lady has materialized.
She ia a vivacious little typewriter in
embryo. She is studying her profession at
Heald's Business Jollege, and for reasons
best known to herself she does not live
with her mamma, nor will she room with
her sister of 317 Golden Gate avenue. In
stead she prefers to keep maiden quarters
at 105 Grove street.
She was very happy yesterday. An
artist was there sketching her pretty face
for publication and she anticipated the
visit of reporters ana artists.
"It is all ho much fun," she exclaimed,
jumping up on the back of her bed and
beating her heels on the board. "I don't
know who thia crank is who love 3me so,
but I will go and look at him at the
Morgue when they find him. I'm sure I
won't know him even then."
The idea of a man committing suicide
on account of love for her was great
amusement and her bright brown eyes
sparkled in merriment. It was all so
funny for this young woman that the im
pression was given that she had written
the letter to the Coroner herself.
Here is how that letter reads:
San Francisco, Cal., May 7, 1896.
W.J. HamHns, Coroner— Dear Sir : When you
receive this 1 will be dead, for I am going to
jump In the bay. I have been in love with a
sweet, false face, and she would not have me.
I fell in love with beret Kuarny and Geary a
little over a week ago. Her name is Lilian
Bowman and she lives at 105 Grove street, in
this City. I have written to her to meet me,
and still she won't come, for she loves some one
else. Oh, my heart is breaking for her as I
write these words. lam 21 years old and my
folks live in Los Angelos. I won't give their
address, as I don't want them to know how
their boy died of a broken heart.
Oh, Lilhe, I love you! Why did you not
come and let me win your love? Oh, mv heart
is breaking for you, and it is you who are
sending me to a watery crave. Oh, my love,
good-by. 1 love you still, but you are false to
voursex. You are a designing woman, but I
love you. Oh, mother, good-by, and good-by,
sister. A girl by the name of Bowman killed
me, and she lives at 105 Grove street. Oh,
mamma, you might see this in the papers, but
forgive your son. Good-by, Lillie.
J. B. R. Oslom.
Miss Bowman claims that the has re
ceived a dozen or so of letters from her
unknown admirer within the past eight
days, but that she has destroyed them.
"In one of his letters," the young lady
said, "the fellow wanted me to become his
wife. Just think of it 1 His wife! Tnere
was a man I never saw and he wanted to
marry me. He must have been very
She giggled at the thought of it. "His
wife!" That was too funny, and she
laughed again, kicked her Heels against
the back of the bed and said she would no
longer submit to the pencil sketch the
artist was maKing.
"In another of his letters," Miss Bow
man said, "this man asked me to meet
him at the corner of Grove ar.d Polk
streets. He wanted me to have a hand
kerchief in my band that he might know
me No! I don't mean tnat. He
wanted the handkerchief in my hand to
know if I'd let him speak to me. I never
paid any attention to him."
The people at the Morgue have no idea
that the body of Oslom will ever be found.
Whether Miss Bowman and the writer of
the periodical tetters are partners in a
| hoax is what they care most to learn.
SENT OBSCENE LETTERS.
A. W. Bowman and Julias Lauer Ar
rested by Postal Inspector
A. W. Bowman and Julius Lauer were
arrested yesterday morning by Deputy
United States Marshal Dudley Harris on
a warrant sworn to by Postal Inspector
Erwin charging the prisoners with having
sent obscene matter throuch the mails.
Bowman is a card writer by profession
and until a few days ago had a stand on
Market street, near Fifth. Some months
ago he met Miss Rose Anderson, 935
Fourteenth street, and fell desperately in
love with her. His attentions! however,
were not appreciated by the young lady,
and she was not backward in announcing
the condition of her feelings. Bowman
resented this and got back at the object of
his unsolicited affections by writing her
obnoxious and obscene letters.
Lauer was afflicted with the vulgar let
ter-writing habit also, his special infirmity
lying in a seemingly uncontrollable desire
to make love to the young women em
ployed in a Kearny-street candy-store.
He continued this thing for nearly" a year,
and then the police were requested to
arrest the offender. For a time Lauer let
up in his letter- writing, but a few| days
ago began sending the most vile letters to
the young women. His arrest, as noted
Lauer is originally from Modoc County,
where his parents now reside. It is said
that he got into a similar trouble there.
The opinion of the postal authorities is
that Bowman and Lauer are of unsound
mind. Lauer admits that he was at one
time an inmate of an insane asylum.
Two men giving the names of James Brown
and James Wilson were arrested by Officer C.
M. Barnes for violating the pool-selling ordi
nance yesterday afternoon. Their place of
business is on Glasgow street. They were re
leased on bonds.
The Kaby Waif.
The baby found on the doorsteps of .v 3
Minna street, at midnight Thursday, waa sent
to St. Joseph's Home yesterday. The child
was wrapped in, a blanket, and there were no
marks by which he could b<» identified.
- ITEW TO-DAT.
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