Newspaper Page Text
Granted at "Washington.
List of Patents Issued and Pensions
WASHINGTON. Nov. 6.'-Patents is
sued: ' George F. Andrews, Riverside,
mortising machine: John S. Briggs, Los
Angeles, air Injecting device for lessening
skin friction of-vessels; Henry E. Brun
nev, Haywards, acetylene gas generator:
Arthur Coffin. San Francisco, seal, lock:
Mark H. Hamm. Petaluma, and H. R.
Taylor. Oakland, ore stamp mill; James
T. Ludlow, San Francisco, ammonia com
pressor; Jesse C. and Jesse C. Jr. Martin.
San Francisco, metallic .flexible Joint; Ed
ward A. Rix, San Francisco, .hydraulic
brush; James M.' Thorp, Alameda, appa
ratus for swelling staves of wooden
tanks. Pensions granted: California— Or
iginal—Charles w. Olmstead (dead). Sac
ramento, ?12; Edward Almazo. Bulllo, San
Francisco.: J6. Additional-William H:
Bell. San Jose, $3. Increase— Abram
Shear. San Francisco. $8. Widows— Jessie
A. Hewitt, Los Angeles, .$8; Andrew Olm
stead, Sacramento, 58. • .
Oregon— Original— Joel. B. Bates, Trout
dale, $6. Increase— David Beers, Her
mann; $8. Widow— Lavernea Ulln, Un
Washington-Increase— James M. P. Al
len. Kirkland. $8. , Reissue and Increase—
William A. Lammey. South Taeoma, ?10.
Population of Wyoming.
WASHINGTON, Nov. 6.-The popula
tion of the State of Wyominc. as of
ficially announced to-day. Is 92,531, apainst
G0.705 in 1890. These figures' show an In
crease in population since 1890 of 31.S26, or
52.4 per cent. The population In 1880. was
20.780, showing an increase of 39,916, or
192 per cent, from 1880 to 1890.
Tobacco Factory Burned.
ST. LOUIS, Nov. 6.— WIesert Bros.' to
bacco factory was burned to the ground
to-day, causing a loss of JSO.OQO; fully ln
aured. • :.,-;,-, ¦ '-¦'¦ ¦ -X:'.' :¦-. ¦ ¦
Big Loss by Fire.
ALBANY, N. Y., Nov. 6— Fire broke
rut to-night at Kricher's large candy fac
torv and communicated to the Press
Knickerbocker building. Both build
i:.gs were destroyed. At this hour It i»
•rtimat**d that th*» loss will probably be
B«5f * million dollars. .
Fever Among Russian Troops.
FT. PETERSBURG. Nov. 6.— According
to private disr^tches received here typhus
and other fevers are be sinning to abate
In the Russian army in Manchuria.
,La Estrella Parlor received an official
visit last night from Grand President
Mrs. E/na Gett. There was a largo at
tendance and after the exemplification of
the- work and the disposition of those
matters th<*t usually attend such visit*
there was* a collation and a pleasant hour
was spent In the banquet hall.
Fremont Parlor had a ladies' jinks In
Its hall last Wednesday night, which was
exclusively for members of the parlor.
A new parlor, organized by Mrs. 8.
Osterman of Sans Souci Parlor of thia
city, will be Instituted at Crockett on the
The following named were visitors at
the office of the grand secretary during
the past week: Mrs. Thornagle of Alta
Parlor: Miss PegulIIan. Mrs. Boise and
Mrs. McCormack of Las Vespero Parlor:
Mr?. Mary E. Tlllman. Mrs. Theodore
Lunstedt. Mrs. H. M. Greene. Miss Mc-
Cormick. Mrs. Tillie Frick. Mrs. Douglass
and Mrs. Belle W. Conrad of this city, and
Mrs. Emma Lillle of Lodl.
Orinda Parlor has arranged to give the
members of El Dorado Parlor oi the Na
tive Sons a reception on the night of tha
19th lnst. In recognition of the many
courtesies extended during the Admission
Fremont Parlor will give a masauerade
ball on the night of the 22d lnst. and tha
following . named committee Is working
hard to make the affair a success:
Mesdames W. H. Barry and R. D. Barton
and Misses M. Twoomey. M. Hawking
and A. Cawley. . -
The' members of Buena Vista Parlor
are greatly interested in the production
of "The LJttle Rebel," a one-act farce,
that la to be presented In Native. Sona*
Hall on the night of the 14th lnst. In aid
of th.e sick and relief fund of the parlor.
The young ladies who are to take part
in this farce have been rehearsing until
they have their part* perfect and they
expect to equal if. not surpass anything
in the amateur line. In addition then*
will be presented on that night a vaude
ville programme and dancing.
Las Lomas Parlor on last Thursday
night had a Halloween party In Mission
Parlor Hall and, as usual, at functions
given by this' parlor, there was a larg?
attendance of young 1 and old. who en-
Joyed themselves to the fullest. The. hall
wa» decorated In accordance with old
time custom and a number of the games
of the season were Introduced and thea*
proved a. source of great merriment.
Dancing closed the evening** entertain
LONDON. Nov. 6.— Lord Roberts has ca
r'»d to the War Office that former Presi
dent Eteyn In a dispatch to Delarey's
burghers. October 22. paid Mr. Kruger had
erme to Europe to get "interviewed," and
that !f he failed the Trar.svaal "will be
fcurtinr.ed off [o the highest bidder."
I^rd Roberts in a dispatch dated Jo
risrinrpburg. November 5, reports to the
War Office a* follows: •
"fimith-Dorrifn states that Major
F?_un<1er* anfl Captain Chalmers of the
Canadian Mounted Rifles have been deco
rau-d. Eaunders rode out under a heavy
fir* to bring Sn a horseless non-rommis
tinnert officer. Faunders was wounded and
rtif borse was killed and Chalmers went
m his ajfiftanc* 1 . Eaunders Implored him
to leave, hut was refused, and the gal
lant Chalmers was, I grieve to cay.
RAS JTBT.TIL. Nov. «.— The Dutch
rruj5»r <"»e:d*rland.wlth ex-President Kru
pfr nn board. V&s arrived here. She has
been directed to await instructions from
The Hague at Port Said with regard to
Mr Kruger's landinc in Kurope. The
Ol'derland will stop here three days.
Mr. Kruger. who Is In excellent health,
rejoiced greatly at the newg of the recent
"ilay they fight without remission." he
rxclaim^d energetically. '"That is what
Throughout the voyage Mr. Kruger's
health, except for fome trouble with his
ryes was excellent* He will travel Incog
nito and will rot land until he reaches
AT RISK OF LIFE HE
STOPPED A -RUNAWAY
Nervy Act of Police Sergeant Blank,
"Who Caught a Frightened
By '-trying, to save the lives < of* several
little children who were In Imminent dan
ger of being run over by a runaway horse
Sergeant Chris Blank of the Seventeenth
street police station was badly hurt yes
terday at the crossing of Twenty-second
and Mission streets. At 12 o'clock, just
as several children were crossing the
streets mentioned on their way from the
Horace Mann School, a horse attached to
a cart came tearing up Mission street and
was in the act of turning into Twenty
second when Sergeant Blank, ,who was
coming up Twenty-second, saw the, im
pending danger, and Jumping Into the
street he grabbed the lines, which were
trailing beside the cart, and succeeded In
checking the animal Just as it was about
to run over some children.
Blank was dragged about twenty yards
over the -rough cobblestones before he
succeeded in stopping the runaway. As
soon as he was extricated from his haz
ardous position he- found himself badly
brutsed and with eeveral lacerated wounds
of the head and face and a maimed hand.
He reported off duty and went to his
home. The horse that did the damage
belonged to the Contra Costa dairy and
had run away from Eighteenth r street,
where it was* left standing on, the Btreet
by its driver, a man named Crabby' •¦¦; ¦¦,¦>¦;
TROOPS ARE RETURNING
FROM YOSEMTTE PARK
Report That Conditions in the Na
tion's Preserve Are Excellent
and Game Increasing.
W A WONA. Nov. 6— Troop F. Sixth
j Cavalry, under command of Major
I Rucker, Captain Wilcox and Lieutenant
i Parker, left here thl3 morning. The
j troop arrived here June 3, with troops
from Sequoia Park, under command of
! Captain Cole, and will meet Troop F at
Only about 1800 sheep have be*n ejected
I from "the park the present season, against
I many thousands during all previous sea
sons. Many guns have bee.1 taken from
parties entering the park this year, as
stricter regulations have been enforced
this year than heretofore. The weapons
are returned to the owners at the close
of the season.
The troops &re to march to San Fran
cisco, which will consume about fourteen
days. Bridges have been constructed over
two of the most dangerous streams in the
park, which are Impassable at high water
in the spring. >
Only one email fire was reported in the
park 'this year, while last year at least
I three large fire were raging in the park
| at the same time.
Quite a number of Improvements have
been made at Camp A. E. Wood In the
way of shelter for horses and forage.
j Game in the park Is Increasing rapidly.
especially deer. Fish are also very much
more abundant. All the lakes in this
vicinity have been stocked from the Wa
! wona Fish Hatchery. Trails in the park
: are in very bad condition and are In much
j need of repair, as In eome places they are
j utterly Impassable. The boundary lines
cf the park have never been surveyed or
I marked In any manner, eo that It is ut
j terly Impossible for stockmen as well as
! officers to know the exact lines.
WTLI. NOT INTERFERE
WITH GERMANY'S POLICY
Russian Diplomat Says No Notice
"Will Be Taken of Ultra Agra
ST. PETERSBURG, Nov. 6— Referring
to the report that Russia and America
had agreed to warn Germany against ful
filling the ultra Agrarian demands regard
ing the grain tariff, the proper authority
In the Finance Ministry here declared to
day that Russia does not Intend to inter
fere with Germany In the conduct "of her
domestic affairs. Russia, he added, will
not notice the tariff legislation officially
until It Is enacted and commercial treaty
negotiations are begun. It is possible
Germany will establish maximum and
minimum rates. The discussion of this
point has hitherto been academic. In
any case Russia will calmly wait, as she
Is not afraid of a tariff war with Ger
Strike Is Sy reading'.
BPRINGFIELD, Mass.. Nov. 6.-The
strike of the boiler makers at the Boston
and Albany shops In West Sprlnsrfleld
threatens to spread to both ends of the
line. Within twenty-four hours It is ex
pected that the boiler makers In tho com
pany's shops in Boston and Albany will
be called out as a consequence of the re
fusal of the railroad officials to hold a
conference with President John McNeill
of the Brotherhood of Boiler Makers and
Iron Ship Builders of America,
BT. PETERSBURG. Nov. 6.— A student
at the university at Dorpat has been sen
tenced to imprisonment for a term of two
years for having killed a fellow student in
a duel a year ago. The Government has
virtually broken up the German dueling
association at the university.
Consuls Exchange Portfolios.
WASHINGTON. Nov. 6.— Horace Lee
Washington, at present Consul at Valen
dg Fpain, has been appointed Consul at
Geneva. Switzerland, exchanging places
with Richard M. Bartleman.
Object of Paul Kruger in
Making the Trip to
WASHINGTON, Nov. 6.— General Mac-
Arthur cables from Manila to-day that
Second Lieutenant William D. Pasco and
Privates Lem Meadow and Addlson Enlx,
Company K, Nineteenth Infantry, were
killed Monday, October 29, near Cuartero.
Lieutenant Pasco was a son of ex-Sen
ator Samuel Pasco of Florida, who Is a
member of the Nicaragua Canal Commis
General MacArthur also reports the
death to-day of Stanley M. Stuart, assist
ant surgeon Eleventh Volunteer Cavalry,
at Santa Cruz, Luzon, of a fractured
skull, he having been thrown from hl3
horse. Surgeon Stuart was appointed from
General MacArthur also cables tha fol
Dysentery— October 31, Company E,
Thirty-eighth Infantry. William- Boling;
October 29, Company M, Forty-first In
fantry, John B. Bowers; October 7, Com
pany A, Sixth Infantry, Charles M. Car
roll; October SO. Company. A, Twenty
sixth Infantry, Thomas Kane; Company
B, Twenty-first Infantry, Michael W. Sui
livan. • *
Tuberculosis — Company G, Thirty-fourth
Infantry, Richard M. Burns; September
14, Company G. Forty-third Infantry, Cor
poral Patrick Maloney; October 28, Troop
L, Third Cavalry. Joseph P. Murphy.
Malarial fever — October 11, Company M,
Sixth Infantry. Henry Allison; October 20,
Company K, Fourth Infantry, Charles
Hobson; October 80, Company M, Forty
fifth Infantry, William Jacobs; October
31, Company' H, Thirty-ninth. Infantry.
Andrew J. Taylor; October 19, Troop H,
Eleventh Cavalry, F. S. Thomas.
All other causes— October 22. Company
I. Forty-ninth Infantry, Waiter Warren;
October 30, Company L, Twenty-fifth In
fantry, Patrick B. O'Connell: October 23.
Troop F, Fourth Cavalry, Rober.t J. Lll
ley: October 18. Company G,- Forty-ninth
Infantry, Willie Johnson; October 2S,
Company C, Seventeenth Infantry, Ser
geant Samuel M. Horn; October 23. Com
pany A, Nineteenth. -Infantry, Edward
Farrell; October 20,. Company M.'Slxth ln
fantrv. Sergeant Frank Braunwork; Sep
tember 8, Troop C, Ninth Cavalry, Wil
liam Clayton; October SO, Company E,
Twenty-eighth Infantry, William H.
Moseback; Company H. Sixteenth In
fantry, John L. , Chambers; October Id,
Company B, Sixth Infantry, Fred D. ;
November 1, Company H. Thirtieth In
fantry. Musician John Maloney.
Lieutenant William D. Pasco
Is Among tbe
PARIS, Nov. 6.— The Senate reopened
its session this afternoon with M. Fal
lieres presiding-. After a very brief, and
uninteresting session adjournment until
Thursday was taken.
In the Chamber of Deputies there was
a lively scene previous to the formal
opening. On all Bides were groups of
Deputies discussing the probable pro
gramme of the Government concerning:
many Interpellations. The President of
the Chamber, M. Deschanel, presided.
The galleries were crowded.
After the preliminary business M. Wal
deck-Rosseau explained that the Govern
ment would not delay action on the vari
ous interpellations, but he warned the
Chamber that If the Deputies did not se
lect important Interpellations, dismissing
the others, the entire session would be
occupied with interpellations, to the det
riment of necessary important legisla
The Chamber then voted to proceed
with the Interpellation of M. Albert Va
zille. Radical Socialist, representing: the
MontagTis district of Lolret. on the gen
eral policy of the Government.
The Premier explained that the Govern
ment desired the discussion of a few re
form measures of immediate interest,
simultaneously with the budget discus
sion. These reforms, he explained, were
a law to reduce the 'tax on alcohol, old
age pensions, official arbitrators for labor
disputes and the reform of courts-mar
tial, and the law of associations, which,
he said, ought to be one of the first acts
of the Republican party, to avert tho
peril which menaced the public fortune
and moral unity of the country.
M. Rlbot, Republican, former Premier,
called attention to the differences in the
statements on social matters between M.
Millerand and M. Waldeck-Rousseau. In
eo doing, M. Ribot said he was surprised
that M. Mlllerand could continue in the
Cabinet in view of M. Waldeck-Rous
scau's declaration against Socialism.
M. Mlllerand replied warmly to M.
Rlbot. He declared he maintained his
opinions, but he explained, the members
of the Ministry had joined together on a
platform to which they could all adhere,
setting aside opinions of a secondary na
ture which might create discord. M. Mll
lerand added that they would find, when
the Government's bill to arbitrate strike*
was fully explained, that its provisions
wera such as to win the support of the
entire Republican majority. Tho Cham
ber adjourned until Thursday. , :
After Brief Session Adjourn
ment Until Thursday
WTXI, LISTEN TO THE
PROTESTS OF SHIPPERS
Interstate Commerce Commission
Names Places and Dates for
Hearing of Cases.
WASHINGTON. Nov. *.— The Interstate
O^mTnerce rpmnisy'in has f.xed hearing*
in cayes Involving' violations of the lnter
fr*8te enmrnpre* law a$ follow*:
Business M»n'f I^Rgue of St. Louis ve.
th«° Pan; a F> and other railroads, at
Wasnlnxton* December !•; Palmer's Dock. <
Hay and Produce Board of Trade vp. the
Pennsylvania ar<1 other railroads, at New
York City. November 14: Miiton Flory vs.
Xh*r Central Rai'roHd <--f New Jersey. New
York. November 14; the Proprietary As
sociation of America vs. the New York
<""-r.tr.il et al.. at Chicago. November 19:
Proctor & 'JaniWe Comj>any vs. Cincin
nati. Hamilton and r>ayton Railroad
Washington, November 26; Kineon Coal*
Company vs=. the Chesapeake anu Ohio
Ballroad* Company, Washington. I>ecem
\-t «: fiv» ca«"»s. Charles G. Freeman vs.
varioi:5 railroads. Chicago. November 19;
Charles H. Johnson of Norfolk. Neb., vs.
The Chicago. Milwaukee and St. Paul Rail
road. Chicago. November 29.
The most important of these is that of
the St. Loui* Business M>n's League,
•which complains to the commission that
the carload and less than carload ralca
from St. Louis to the Pacific Coast are
relatively unjust ar.d bear unduly on the
shipper of l"s« than carloads.
FOE. TBTVIAI. CATJSE
Robert L. Hall Shot and Killed in
Southeastern New Mexico by
CARLSBAD, N. M., Nov. 6.— Robert L.
Hali; one of the best known cattlemen
In Southeastern New Mexloo. was shot
and killed at his ranch, sixty, miles south
of this place. His alleged murderer is
Fayette Seeley, known as "Red" Seeley.
who also shot and severely wouqded in
the arm Holl Herring 1 .
The trouble rirose over some trivial mat
ter. Seeley, who was the only one of the
party armed, commenced shooting, it is
said, with little or no provocation. Seeley
escaped toward Old Mexico.
RACED THOUSANDS OF MILES, .
FINTSHED HOITRS APART
British. Ship Baron Eldon Outsails the
Saron Innerdale After a Contest
Started in Java.
PHILADELPHIA. Xov. 6.-The British
steamships Baron Eldon and Baron Inner
dale have arrived at the Delaware break
water from Java, finishing a race of 15,000
miles within four hours of eaca other.
The vesselS'left Java September 1, their
course being via the Suez canal, the Med
iterranean Sea and North Atlantic Ocean.
After leaving Port Said they did not sight
each other until the Delaware breakwater
was reached. The Baron Eldon arrived
llrst, four hours In the lead.
Murdered by a Robber.
JOPLIN, Mo., Nov. 6. — James "Watson,
ag-ed 50 years, who has lived In this sec
tion since 1SS2, was found on the St. Louis
and San Francisco Railroad on the out
skirts at midnight with a bullet wound
through his head. He had been shot from
behind, apparently by a robber.
Fp«^!al Dler«trh to The Call
ANGELS CAMP. Xov. 6.-Chrls Ocoso
r.ich was shot and probably fatally
T-cur.ded by Mitchell Magud on a street
of Angels Camp this afternoon. Magud is
under wrest, charged with earning con
«.' i aled weapons, attempt to. kill ar.d
threatening an officer.
The trouble which led to the shootlr.gr
cates back some years. Several houses
la Angels were blown up by dynamite,
among them one owned by Magud. He
pr-eused Ooosonich of having touched off
the dynamite under his house, and when
ever they have met since then he has re
re wed the charge.
The two men met on the street this aft
ernoon, and this time It was Ocosonich
» no renewed the quarrel. Magud said he
wes not lookir.g for trouble and advised
(Ocosonich to let him alone. Ocosonich in
v:ted him to step Into the middle nf the
street and settle their differences. Magnd
followed him off the sidewalk, and as
<'cosonich came at him drew a revolver
find opened fir«>. Three phots were fired
f.r.d a bullet ?Jereed ' his enemy's side.
< 'ooponich staggered to the sidewalk and
there fell. He was removed to a hospital
fend i? in a precarious condition.
When Constable Fouts sought to arrest
Mafud the latter attempted to ehoot the
r.fScer, but was ovr rp^wrrvd after a sharp
urupglfc and landf-d in jail.
Culmination of a Bitter Feud Tliat
Has Existed Between the Two
Men for a Number of
Mitchell Magud Fires a Bul
let Into the Body of
IN ANGELS CAMP
SEATTLE, Nov. 6.— Captain Johnson of
the steamer L>lll!a Thurston, which re
turned to this port this afternoon, says
he saw a lot of wreckage about 200 miles
off Cape Flattery, and thinks a large
steamer has foundered. >
The sea was go high at the time that
he was unable to make a close examina
tion of the wreckage, but it consisted of
lumber painted on both sides like the up
per works of a steamer, also portions of
rigging. He also saw a , lifeboat about
twenty-five feet long half submerged, but
was not close enough to see any name.
He also saw an air tank from a lifeboat
floating several miles farther along. He
passed through the wreckage on Novem
ber 2, and gives it as his opinion that the
disaster occurred probably In the twenty
four hours previous.
Painted Upper 'Works, a Xrifeboat
Partly Submerged and an Air
Tank Seen Floating Off
* Cape Flattery.
Wreckage Sighted by Cap
tain • of the Lillia
OFF THIS COAST
Urges Charitable Societies to Send
Food and Clothing to Famished
Tribes on Cooks
Social Dispatch to The Call
TACOMA, Nov. 6.— "Mrs. Fred Smith,
who arrived last night from Cooks Inlet,
Alaska, says that fully 400 out of the 1000
or more Indians inhabiting: that section
are now dying of cold and starvation.
Mrs. Smith's word3 are entitled to more
than usual credence, from the fact thai
ehe has received a gold medal from Con
gress for swimming into the surf and res
cuing three drowning seamen from the
British bark Ferndale off the coast of
Grays Harbor in January. 1S92. She was
then Mrs. Jlartha White. In the follow
ing year she and her husband went to
Cooks Inlet. She was the first white
woman In that country and to them was
born tho first whit* child there. Later
Mr. White died and two years ago she
married Fred Smith, the owner of rich
placer claims on Lynch Creek. Alter
spending the winter with her daughter in
California, Mrs. Smith will return -to
"I wish I could tell you all I know re
garding the terrible condition of tho
Cooks Inlet Indians," ehe said to-day.
"There are several tribes in that district,
.numbering over 1000 persons. Of this
number there are more than 400, Includ
ing young children and old women, who
are starving and freezing to death for
want of food and clothing. In former
years they have made, a living by hunt
ing. Since the advent of the white man
their condition has-been growing worse.
The miners with their campflres have set
the forests aflame. The young fox and
other fur animals that are reared in the
hollow roots of trees have been destroyed
until to-day In that section there is pra*c
tically nothing 1 at all. These natives
have, therefore, no furs from which
to make their clothing. They have
no furs with which to do any
trading or to buy food, and their
condition as I describe It is the result.
It is true that in the summer time they
put up a considerable quantity of fish,
l'Ut as many were not provided there Is
not enough to go around.
"All of these tribes are under the Rus
sian church, but this body has done lit
tle or nothing to help them- If the char
itable societies on the coast would take
tiie matter up some of the- suffering
might be alleviated. What they want
most is clothing and flour. -If theso
things c«uld be got to them they could
survive during the winter. The country
that was once theirs is now ours and there
Is no reason why we should allow the
present condition to exist in a land that
belongs to the United States. I have
given them a share or what I have, and
when I left I realized that many of them
would be dead before my return. I was
powerless to prevent it. The Cooks In
let Indians are In worse condition than
the other Alaskan tribes, and If some
thing is not done it will only be a short
time until they become extinct."
Mrs. Fred Smith Appeals
for Aid for Alaska
BY HORACE WRIGHT.
Special Correspondence of The Call.
HONOLULU. Oct. 30.— The Imprison
ment of W. H. Marshall, former editor of
the Volcano, now suspended, upon the
charge of libel, has directed attention to
the imperfections in the penal system ot
the islands. When Marshall was first In
carcerated j he was paraded with the
chain gang and was treated like a, felon.
The indignities heaped upon him created
a good deal of comment, and Jailer Hen
ry explained that, according to the law,
no other course was permitted toward
the prisoner. The matter has been taken
up by the Attorney. General at the in
stance of Governor Dole. In the mean
time Marshall is receiving better treat
ment and is not compelled to wear the
same garb nor work with the chain gang.
In the future the same distinction will bo
made between felons and petty offenders.
A long standing feud in the Honolulu
Police Department, growing out of. differ
ences between Senior Captain Parker, a
native, and Officer Hanrahan, a white
man who had been rapidly promoted,
was ended last Sunday by the resigna
tion of the white man. after a last row
with Parker. High Sheriff Brown held
that both men could not remain on the
force and Hanrahan had" to go. There 13
a large proportion of natives in the rank
and file of the* Honolulu force and a gen
eral strike of policemen was threatened
when it was thought that tho head of tho
department might sustain Hanrahan
against the native captain. Hanrahan
came here about a year ago. He Is an
ex-policeman of New York and was for
merly in the army.
The numbering of nouses has been bo
g-un In HOnolulu,-<with a view to estab
lishing free postar- delivery. This is
something the city has never had before.
At present there is riactically no num
bering system, and the postofflce has
never attempted to deliver letters. This
has been the cause of much crowding at
the postofflce, where all people had to
call for their mail.
Samuel Johannavitz, a baker, and Pol
ish interpreter in tho. Police Court, was
instantly killed early this morning by
being electrocuted at his place of busi
ness, i He was uslrig a movable . incan
descent light when the current passed
through a place where the insulation had
worn off, and he dropped dead .on the
spot. One of the Hawaiian Electric Com
pany's wires is said to have been ground
ed or crossed with a line from the Gov
ernment power house, and this made a
current of about a thousand volts at the
time when the deceased took his lamp
in hand. Two other men in different
parts of the city were badly shocked, and
the police telephoned to the Government
station and had the power shut off.
A good deal of excitement was caused
by the unusual conditions, and the en
gineer in charge at the Hawaiian Elec
tric Company's power house had a dan
gerous post for a time, as the current
took hold of one of his engines and he
feared to approach and stop It.
The polls will not be closed in Hawaii
promptly at 5 o'clock next Tuesday. Sec
retary of Territory Cooper has decided
that in cases where there are eligible
voters at the polls waiting at 5 o'clock
they shall be given a chance to vote.
Owing to the faulty divisions of tho pre
cincts it was feared that some voters
would have no chance to cast their bal
lots, there not being time enough for all.
but the . rule now established will give
every citizen an opportunity to cast a
The transport Conemaugh arrived here
vesterday evening, eleven days from San
Francisco. Her long passage was due to
an accident to her auxiliary machinery,
compelling her to slow down for two days.
Sh« lost three animals on the way here.
The sugar crop of all the islands for the
year ending with September 30 last
amounted to 2S9.544 tons, representing a
value of over $23,000,000. This is an in
crease of about 7000 tons over last year's
figures. The large Island of Hawaii leads,
as usual, in the amount of its crop, hav
ing produced 115,224 tons. .Kauai 13 next
with 63,34*. Oahu had 53.625 tons and Maul
57,347. The largest from any single plan
tation was from Ewa, on Oahu, which
produced 21,573 tons, or nearly $2,000,000
The contention that the Hawaiian
language is a foreign language here has
been made as a part of the pleadings in
a case before the Circuit Court. A com
plaint In a suit to quiet title is demurred
to by Attorney T. McCants Stewart be
cause a part of it Is in the native Ha
waiian language. It is claimed that the
complaint is unintelligible and is partly In
a foreign language. In view of recent
rulings by some of the Circuit Judges It
Is thought that the 6trange-sounding con
tention will hold.
Deputy Sheriff Chillingworth of Hono
lulu Is the hero of an encounter with a
desperate prisoner, in which the officer
showed splendid nerve and succeeded In
taking a man ¦who had him covered at
close quarters with a loaded revolver.
The prisoner was Charles Heffernan, who
was accused of passing a forged check.
While driving with Chillingworth to the
lail he succeeded in getting permission to
leave the hack on a plea of sickness.
Then he stood by the vehicle and pointed
a revolver at the officer, demanding that
the latter surrender the hack to him. The
officer kept his seat and told the man to
pro ahead and shoot. After a parley
Heffernan declared hl3 Intention to fire,
saylne: he didn't like to do so. He held
out his left hand to shake hands and say
good-by to the man he was Kolnp to kili,
still presenting the pistol. Chllllngworth
took the proffered hand and jerked the
man into the hack, seized the hand that
held the revolver and overpowered his
man. Heffernan had been arrested before
and had managed to escape. He is now
committed for trial on a 'charge of as
sault with a deadly weapon, in addition
to the old charge. The deputy sheriff is
beiner highly complimented for his re
Harsh Treatment^That Was Accorded
Editor Marshall^ Becently, Convict
ed of Libel, Called Attention to
Petty Prisoners No Longer
to Be Treated Like ,
Sentiment' of the German
Press on the Chinese
Russia's Reply to Anglo-German
Agreement Emphasizes Her In
tentions as to Integrity
BERLIN. Nov. 6.— Discussing the efforts
cf Li Hung'Chang to get diplomatic rep
resentatives to intercede with Field Mar
shal Count von Waldersee with a view of
delaying the execution of the Paoting-Fu
officials responsible for the massacre
there, even ite liberal papers, Vossische
Zoitung. National Zeitung and Boersen
Zeitung. call for their execution without
delay, the Vossische Zeitung remarking
that "clemency can accomplish nothing
with these barbarians."
Letters from German soldiers in China
continue to find their way into the press.
The Hamburg Courier, National Liberal,
prints a letter from Peking describing tho
operations of the battalion to which the
writer belongs, and mentioning a case
where from SuO to 400 Chinese were "partly
killed and partly executed." The writer
adds: "All Boxers who are caught In Pe
king are shot. Each one must dig a hole
and kneel behind it, so as to fall directly
into it when ehoL
"The city of LJangchang Chung was
captured yesterdav. Our company halted
beiore one ot ttie gates, and ihe
who were driven from the other side
through the gate perished upon our bayo
nets It was horrible. We have men in
the company who have already shot ten
Chinamen." „ .
The Courier says: tuch statements as
tht-ee make an otncial explanation regard
ing the manner of carp-ing on the war
more urgent than ever."
The freWnnige' Zeitung eays; 'Per-
FiFtent silence in official quarters unfor
tunately justifies the conclusion that such
n description of the conduct of the Ger
man troops Is true. The Government will
be compelled' to express itself iu the
ST. PETERSBURG. Nov. 6.— The text
Ot the Russian reply to the An&lo-German
agreement note Is published.
The first point, providing for open ports
on the rivers of China is favorably re
ceived, as it does not alter existing
The second point is all the more in har
mony with Russia's intentions, as the In
tegrity of the Celestial Empire Is the
fundamental principle of the Russian
As 'regards the possibility of a violation
of this principle. In the third article.
Russia refers to her note of May 28 and
repeats her declaration that such viola
tion would compel Russia to modify, as
circumstances might require, the atti
tude the has taken.
LONDON, Nov. 6.— The Gazette to-night
prints General Gazelee's dispatches to the
Secretary of State for India, referring to
the operations for the relief of Peking,
and General Dorwards report of the
operations about Tientsin. General Gaze
lee mentions two Americans who "gal
lantly supported our fighting line, viz.:
Majo'r Quinton and Captain J. R. M.
Talor," both of the Fourteenth United
General Dorward's report contains lit
tle that Is new. but relating to the with^i
drawal of the Ninth United States Infan
try after it had suffered so heavily in the
attack upon Tientsin, says: "I would spe
cially bring to notice the conduct of Major
Jesse Lee during retirement. In him the
regiment possesses an officer of excep
tional merit. Among many instances of
personal bravery during the action I
would specially bring to notice the con
duct of Captain Smedley D. Butler. United
States marines, in bringing a wounded
man in from the front under a heavy and
accurate fire. Butler was wounded while
so doing and was himself carried out of
the firing line by Adjutant Leonard, who.
I regret to say, was dangerously wounded
In eo doing.
"Captain La.wton of the Ninth United
States Regiment brought me the news of
their condition under a heavy fire. When
returning and guiding the reinforcements
of his regiment he wasv severely
BT ALBERT S. BOLLES, LL. D
Corporations have the same duty as in
dividuals in selecting proper employes for
the service required of them, safe places
wherein to work and proper appliances.
The fact that this duty must be done by
an agent— a president, manager, superin
tendent or other official— In no wise
changes the duty or liability of the cor
poration itself. The rule has been well
stated by Mr. Justice Gray of- the Su
preme Court of Massachusetts. "A cor
poration must, and a master who has an
extensive business often does, perform
this duty through officers or superintend
ents; but the duty Is his and not merely
theirs, and for negligence of his duty in
this respect he is responsible. To hold
otherwiss would be to exempt a master
who selected all his machinery and ser
vants through agents or superintendents
from all liability whatever to their fel>
low servants, although he had been gross
ly negligent In the selection or keeping of
proper persons and means for conducting
his business. In the case of a corpora
tion tha president and directors, at least,
cannot be deemed mere servants, but
must b© considered aa representing the
Competency of Employes Is a Ques-
tlon of Fact.
Whether an employe is competent or
not is a question of fact. « Only in cases,
therefore, when an injury has happened
to a servant through the act of another
can the question* be answered whether the
injured servant or the one who injured
him was competent. Thus in one of the
cases a servant on a street railway, who
was injured by the negligence of the
motorman, tried toishow that the com
pany had not exercised ordinary care in
selecting him. Evidence was taken con
cerning his fitness and the court de
clared that the. company had not been
remiss in its duty.
A Corporation Cannot Shift Its Re-
Though this duty of selecting fit em
ployes may be delegated or done by an
other for the employer, he cannot shift
or escape his responsibility. If he could,
the rule would soon cease to be of any
worth. The agent, therefore, who thus
acts for a corporation In selecting em
ployes is not regarded as a fellow servant
of the employes. In one sense all are
agents, acting for a common master; in
another sense they do not thus act.
The hiring agent, so to speak. Is not re
lated to those who hired him as one of
their own number, though in truth he is
hired and paid, it may be, in -the same
manner as the others. Thus In Ford vs.
Railroad, the Supreme Court of Massa
chusetts has remarked that "the agents
who are charged with the duty of supply
ing safe machinery are not. In a tru«s
sense of the rule, to be regarded as fel
low servants of those 'who are engaged In
operating it. They are charged with a
master's duty to his servant. They are
employed in distinct and separate depart
ments of service, and there Is no diffi
culty in distinguishing them, even when
the same person renders service by turns
In each, as. the convenience of the em
ployer may require."
Consequently when a servant is em
ployed by a corporation who proves to be
unfit for the use made of him and injures
another the corporation cannot escape
liability by saying that the act of hiring
was not its own, but that of another. A
corporation must, indeed, act through an
other, but In the hiring of servants, 1 fur
nishing them with appliances, safe places
for work. etc., s the corporation is regard
ed in law as acting directly, and therefore
Is responsible for the results. Such Is the
rule stated at an early day and has been
Its Responsibility for Repairs.
The rule had been In existence only a
few years before the courts began to pare
It down. While still clinging to the first
part and holding corporations for the se
lection o.f fit employes, etc., they declared
that they could relieve themselves from
responsibility for keea'ng appliances in re
pair by appointing competent persons to
do this for them. Massachusetts led off
In this departure. In the case of Johnson
vs. Boston .Towboat Company the court
said: "One^cmployed In the care, super
vision and keeping in ordinary repair of
the means and appliances used In a busi
ness is engaged in a common service. Thus
a person charged with the duty of keep
ing the track of a railway In repair; the
chief engineer on a steam vessel, whose
duty It was to see that the machinery
was kept in order; an 'underlooker' In a
mine, whose duty it was to examine the
rock of the mine and prop it when dan
gerous; the general foreman and manager
of extensive builders and contractors'."
Again, in the case of King vs. Boston
and Worcester Railroad, Justice Fletcher
said: "If a corporation itself should be
held responsible to its servants that the
road, when first used, was safe and suf
ficient, yet keeping the. road In proper re
pair afterward would seem to be the work
of servants and laborers as much as any
other part of the business of the corpora
tion." In harmony with this rule the per
sons in charfee of a -train upon a railroad
were held to bo fellow servants with a
laborer employed in repairing the roadbed.
Although this point is of great practical
Importance* the reasoning of the court is
not always clear; and expressions are
added from time to time which leave the
reader in doubt concerning what the rule
Is. Tbus in the towboat case just men
tioned \the court remarked In Its opinion
that tne company was under an obliga
tion to its servants to use reasonable dili
gence to maintain in a suitable' condition
the appliances furnished for their use:
"If the company exercised that diligence
and provided suitable means for keeping
its apparatus in proper condition and em
ployed pmper servants to see that the
means were properly used. It had fulfilled
its duty." The duty to provide suitable
appliances, however. Is a personal one,
and liability for any neglect in perform
ing it as we have seen, cannot be evaded:
and .one might think from reading the
above, language that the- same duty ap
plied to the maintaining, repairing and re
newal of appliances, when, In truth. In
that State it does not.
The Courts Differ on This Question.
At this point, then, there is a parting of
ways among the courts, some holding,
like that of Massachusetts, that the duty
to repair may be fulfilled by appointing
competent servants and proper appliances,
material, etc., for this purpose: «ther
courts that this duty cannot be turned
over to another and liability therefor be
evaded any more than for furnishing suit
able appliances, etc., Jn the first Instance.
Opinion of the Supreme Court o£
The opposite view has been expressed
by ,the Supreme Court of Maine. Says
Mr. Justice Danforth: "The same care
requisite in hiring a servant in the first
Instance must still be exercised in continu
ing him In the service; otherwise the em
ployer will become responsible for hi<»
want of care and skill. The employer will
be equally liable for the acts of an incom
petent or careless servant whom he con
tinues In his employment after a knowl
edge of such lncompetency or carelessness
or when in the exercise of due care he
should have known it* as if he had been
wanting the fame care in hiring." The
court then adds that the same thin? may
be said of machinery. A -servant has no
more control of the repairs than of the
machine, no more responsibility for one
than for the other. He uses it and in so
doing assumes the risk whatever it may
be. This is "implied in his contract of hir
ing. On the other hand his employer pro
vides the means of carrying on the busi
ness and as a matter of course assumes
the responsibility that his work shall be
done with due care, and as the responsi
bility continues so long as the means are
used, so must the same care be exercised
In keeping the required means In the same
safe condition us at first.
Such in effect is the reasoning of the
Supreme Court of Maine, and very likely
It will accord more, perfectly with tfie
opinion of our readers than the other
view: "-As* a corporation or other master
must' furnish competent servants, appli
ances, etc.. In the beginning and is atill
i^r\\AJ i-essonSi e^if*i-overs and employes.
32. The Queen of Greece. 83. Voltaire.
34. Cato. 35. Rebecca Gratz. 36. Venice.
37. Charles V. 8S. Alexander the Great.
33. Augustus Caesar. 40. Beatrice Cenci.
41. Louis XV. 42. Dauphin. Louis XVIII.
43. Murat. 44. Charlotte Corday. 45. Bee
thoven. 46. Florence Nightingale.
52. What English general said to his
soldiers. "Put your trust In God. but keep
your powder dry"?
63. Who said "Put not your trust in
money, but your money in trust"?
51. What author said:
As yet a child, nor yet a fool to fams.
I lisp'd in numbers, for th« numbers came?
55. Who said "We will fight it out on
this line If It takes all summer"?
56. Who said "Beware of a man of ona
57. What President of the United States
said. "All that I am or ever hope to be, I
owe to my mother"?
5S. What great preacher said "The world
Is my parish"?
51. What admiral's battle signal was
"England expects' every man to do his
49. What Emperor said "Oh. that all
Rome had but on© head, that I might
strike It off at a blow"?
50. What Emperor said "Circumstances:
I make circumstances"?
47. "What noted American said. ""Where
liberty is not. there 13 my country"?
4S. "Who said "An honest man ia the
noblest work of God"?
HOME STTJDY CHICLE QUERIES.
In a more recent case in Michigan thn
Supreme Court remarked: "The rule may
now bo considered as settled In this State.
as well as In must of the States, not only
that a master Is bound to use reasonable
care in providing safe tools and appliances
for the use of workmen in his employ, but
that this Is a duty which cannot be dele
gated to another, so as to relieve him*
rrom personal responsibility. • • • The
rule adopted by the Federal courts and ir.
most of the States and which seems to u=»
most In consonance with reason ana nu
manlty. Is that those employed by the
master to provide or to keep in repair the
P'ace or to supply the machinery and
tools for labor, are engaged in a different
employment from those who are to use
tne place or appliances, when provided,
and they are not therefor* aa to each
other fellow servants." As they are not.
of course the employer is liable in all
cases of negligence In making repairs.
it w-m be seen, therefore, that the part
ing of the ways by the courts, the setting
up of two rules, is made to turn on thp
question, whether those who are engaged
in repairs are ascents of the employer or
co-servants or fellow-servants with tha
others. If they are agents then the mas
ter is liable: If they are fellow-servant?
then the rules applying to fellow service
apply to him and he escapes. It may be
added that In the larger number nf cases
and States they are held to be agents an.i
not fellnw-servants and the master Is held
liable for whar they do.
The case of. Davis v?. Central Vermont
Railroad Company la one of more than or
dinary interest. A flyman was killed by
the washing out of a culvert. It ni in an
improper condition and thin resulted from
the neslisence of the bridge builder and
madmaster. The company contended that
the bridge builder, rnadmnster and section
boss were fellow servants of the fireman
and that their negligence could not be im
puted to the road. In answering this de
fense the court asserted that if the master
personally attempted to do that part of the
work which he could not delegate to an
other and was negligent in- doing It and
Injured its employes the company was
liable therefor. "The question Is naturally
suggested why should he not also be liable
for the neglipence of the nsrent or servant
whom he has appointed to discharge the
sam« duty in hi* stead although he ha*
exercised due care to sejeet a person com
petent and skillful. Is such an agent or
servant while performing the. duty ca*t
by tho relation upon the master a fellow
¦workman with the master's servant in
the employment In such a sense that th«
latter cannot and ought not to recover
of the roaster for the Injuries sustained
through the negligence of tho former? If
so the master who performs his part of
the duty as all corporations must, by
agents and sen-ants, secures an immunity
from liability which the master who per
sonally enters the service to manage and
direct the performance of the work docs
not enjoy." The court held that the com
pany -could not thus shield itself behini
others. The bridge builder and roadmaster
were the agents of the company and not
fellow servants with the fireman, and con
sequently their conduct was that of tha
company and it was responsible there
for. The opinion Is one of the best Judicial
utterances on this subject that we hav
seen and has been often cited in later
University of Pennsylvania.
responsible through whatever agent ha
may act. it would seem that the duty
ousht to be equally great to keep them In
repair and to be holden for the conduct of
those who act for him in thl3 regard.
Opinion of the Supreme Court of
HOME STUDY CIRCLE
THE LIABILITY OF CORPORATIONS.
Copyright, 19OO,.by Seymour Eaton.
THE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER 7, 1900.
Order of Chosen. Friends.
Five candidates were Initiated in Ban!
cia Council, on the occasion of Its last
held meeting. »
Last Thursday night Past Supreme
Councilor C. M. Arnold was present In
Social Council, and acting as councilor
initiated into the council his son. M. Ar-'
nold. who that day attained his eigh
teenth birthday. He la the youngest bene
ficiary member In the Jurisdiction. The
initiating officer was assisted by a fall de
gree team. At the same time Miss Stella
Baceus. daughter of an old-time member
was also Initiated. The event was fol
lowed by speeches and tfca •wvtnf of lea
cream and cakes.
There was a collision between two cars
yesterday morning, which, had not both
been empty, might have caused serious
disaster \o life and limb, j About 8 o'clock
a car of the Powell street line going down
Mason street hill ran with full force Into
one of the cars of the Jackson street line
at Washington and Mason streets. knock-
Ing the latter completely oft the track and
tearing away part of the rear of the con
veyance. It was claimed that the foggy
weather was the cause of the mishap.
Those -who ; witnessed the accident say
that had- there been passengers aboard
either car. there would have been more se
rious damage than the breaking of a car.
Pioneers Elect Officers.
The annual meeting: of the Pioneer Row-
Ing Club was held at the clubhouse on
Long Wharf "on Sunday. The principal
business was the nomination and election
of officers to serve during the year 1901.
The following named were elected: James
E. Power, president; Fred O'Neill, vice
president; Robert J., Espy, secretary; J.
T Sullivan, treasurer; Edward Murphy,
captain; John O'Leary; vice captain;
George Collopy. James Brennan and
Frank Rafter, trustees; Thomas Sands,
Louis Derre and Richard Collopy, dele
gates to the Pacific Association of the
Amateur Athletic Union; George Lawson,
sergeant-at-artns.^ . ¦ ••
The question of new quarters for the
club was discussed, and Thomas Sands
was ; appointed chairman ot.a committee
of the whole/ toflook out for and report
on a suitable site. ,
INTERESTS THE COAST.
Grocers sell it.
is one of the most
St. Louis, Mo., Ladles Serve the
New Food Delicacy.
At some select afternoon "teas" in
St. Louis, Mo., the ladies have been
serving the new food delicacy. Grape-
Xuts. and it has become very popular,
owing to its novel and ncver-to-bc-for-
gotten flavor as well as the fact that
it is ready to be served . without anv
preparation whatever, a most desirable
feature for hurry breakfast and lunch-
con. . — _