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title: 'The San Francisco call. (San Francisco [Calif.]) 1895-1913, February 08, 1901, Image 9',
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Special Dispatch to The Call.
OMAHA. Feb. 7.— C. M. Hays, president
of the Southern Pacific Railroad, stopped
off hi Omaha last night, his special car
being sidetracked while he conferred with
the officials of the Union Pacific Railway
at headquarters. President Hays is bound
for New York City, whither he was called,
it la said, by the new owners of the South
ern Pacific Railroad.
"While the full import of hl3 mission to
Omaha could not be ascertained, enough
information was pained to-day to make
certain that the Southern Pacific and
Union Pacific officials are Retting toge.ther
for the first time in ch«> history of these
roads; that traffic dealt which will revolu
tionize the traffic sheets between the great
lakes and the Pacific Coast are to be
formulated: that the Ogden gateway is to
be shut and sealed against all business
which It may be possible to route via the
Union Pacific and Kansas* Pacific from
Missouri River points; that new train
schedules are about to be put into effect
which will reduce the running time be
tween Chicago and San Francisco from
nix to eight hours; that close connections
will be nrade at Opden by atl through
trains, and th.it the arbitrary practice
long Vn vogue by the Southern Pacific peo
ple with reference- to receiving business
at Ogden will .soon be supplanted by a
concert of action which will greatly facil
itate business. 1 >
It is said here that the announcement
of the closing of the Og-den gateway will
be made In New York in a few days. It
will bottle up the Denver and Rio Grande
ac Salt Lake and raise to the importance
of a trunk line the old Denver and. Chey
enne "branch of the Union Pacific. This
order will also affect the west-bound busi
ness of the Missouri Pacific and Rock Isl
SOUTHERN PACIFIC EARNINGS.
for the Fiscal Year.
Material Gains Shown in the Report
NEW YORK. Feb. 7.— The Southern Pa
cific's full report for the year that ended
on June 30. 1900. is about to be issued.
The figures presented show material gain s
over those of the previous year. The ln
ccme account will show:
Gross receipts fSS.I2S.140. increase |l!\27«l.9:s.
Disbursements J6O.874.719. Increase I7.303.4S5.
Balance J7.253.420. increase J2.775.445.
Changes, betterments, equipments Central
Pacific divisions, etc.. J3.334.7S3; increase JSP4,-
Surplus a?t« all charges J3,91S,«3<), incrensa
The expenditures for improvements and
betterments, chargeable to capital ac
count, amounted to $10,934,846. These wer«
provided for from the sale of $323,000 new
stock. $3,908,000 new bonds. $3,174,700 re
ceived from the Central Pacific improve
ment fund and $3,523,137 paid out of the
MORE HONORS FOB HAYS.
May Be Made President of the Union
CHICAGO, Feb. 7.— President Charles T.I.
Hays of -the Southern Pacific system,
passed through Chicago to-day en route
to New York for a conference with the
Morgan-Harrlman interests. The Record,
to-morrow will say:
. "It is claimed that the Eastern trip of
Mr. Hays has reference to a plan which
will make him the common executive head
of the Union and Southern Pacific sys
tems. President Burt of the Union Pacific
beinp elevated to the chairmanship of the
board. In this way. It is argued, the
greatest efficiency of operation could be
secured, vast economies could be intro
duced and the advantages of the recent
deal could be develop<><i to the utmost.
The headquarters of both roads, It la ru-'
mored, will be in Omaha.
New Issue of Common Stock.
NEW YORK. Feb. Z— The Commercial
Advertiser says: "There Is Rood reason
for the belief that the Union Pacific Rail
road will finance the recent purchase of
the controlling interest in the Southern
Pacific by an Issue of new Union Pacific
common stock. The. plan is understood
to issue new stock at par. and the entire
proposed Issue has practically been un
Running' Time Between Chicago and
San Francisco 'Will Be Short
ened by Eight •
Prospective Changes in
WILL BE CLOSED
Inquest Over Collins' Body.
SANTA EARBARA. Feb. 7.-The in
quest over the remains of Pat Collins,
killed in a battle with the police here
last evening, .disclosed nothing of his
former history, except that he was an cx
convict. ' He was recognized by a local
ex-inmate of San Qucnlln. Not a scrap
of paper that would Give a' clew to hia
Jdcuiiu- a as found.
Al'GTSTA.. Me.. Feb. 7.— The resignation
of Ccngreseman ' Charles A- Boutelle as
Representative of the Fourth Maine Dis
trict in the National Congress was re
r-eived by Governor Hill to-day. The
resignation Is to lake effect on Febru
KANSAS CITY, Feb. 7.— If reports be
true John P. O'Neill, Alderman from tha
Third. Ward and former County' SherhY.
will realize $40, 0Q0 through the death. In
San Francisco*, last niorth of Mrs. Inez
Oppenheimer, otherwise known ail
through the West as "Dixie Lee."
. Mrs., Oppenheimer was a woman with a
past. Jealousy drove her husband to two
attempts to commit suicide i»bout three
years j«o. The seconrl attempt was suc
cessful. Mrs. Oppenheimer spent no tlm?
in mourning.. She had two houses in Kan
sas City, one at 205 We=t T«lrd street, and
the other on Troost avenue, near Fif
teenth street. Durlnc her busy life Mrs."
Oppenheimer accumulated real estate and
personal property, which is estimated to
be wortfi anywhere from $100,000 to $150,000.
Her death is said to have been due to an
• The news of-her demise was telegraphed
to" Karvsas City.- and Alderman O'Neill
went to the Pacific Coast about two
weeks ago. He is-sttli tnere. It is said
that Mrs. Oppenhein-.tr. left- a will in
which Alderman O'Nel'U was given" $40,X»
outright and made the sole executor, of
the remainder of the rttate. He -fs ex
pected to return soon., and, then the last
testament of tho. woman wlll.be filed In
the Probate Court. Mrs. Oppenheimor
lived in -Wichita. -Kans.. before coming' to
Kansas City,' and owned property there.
INHERITS THE WEALTH
OF MBS. OPPENQEIMER
Has • Physician and Matron "Arrested.
Dr. John C. Stiles, resident physician of
Mount Zion Hospital, and Misg: Bertha
Cohen, the matron, appeared before Judpre
CabanlsB yesterday on a: charge of but
tery. The complaining witness was Mrs.
Charlotte Levy, an old woman, who al
leged: that she- went to the hospital
Wednesday, as She was destitute/and the
defendants threw her out. -They testified
that Mrs. Levy was kindly told the hospi
tal was solely, forthn: sick, and that she
was informed where to go if she were
destitute. She abuseil them in a loud
voice and they ordered her out. /ITie J inline
dismissed the case. a^aMBfl&saffiaMHBsHH
BRIEF LOCAL NEWS.
MAKC8 (Win r?E OF DONATION. —The j
n<v. .1. A. H. VVHuon received through the i
rrail >fM'r<1ay V2 n from an anonymoug source. I
H«> 'i'rr.at'^i the monf-y to th» Woman's Co- !
< jxrative Horn* 1 .
LOTTERY VISITORS DISMISSED.— William i
Chap* and Chute* Jackson, who were arrested I
last Saturday fur vUliing: a Hfry Kame. had '
th^ir c*iw-s dismii'sr.l by .'¦.¦..¦<• Conlmn >•<•*-
l«r<iay. an thry. proved that they wer» there
<ti legitimate bUFtn«"*s.
CONFECTIONER FEUD1IAN BANKRUPT j
— H»my F'Mnan. a •¦¦mf^tionT «1olr.g liusi- !
r.ffF in Oakland. fil«»1 a ;wtlti<in in insolvency
y*-Ft^r<1as- in th» ruled Siatep I>istrlct Court. >
Mr owon <IM12 KS and announces artris of $2S33 #
including life insurance jwllci^s for ?2ioo. -
WIFK ASSAILANTS SENTENCE.- Heory
TVasninetrr!. « colored *aiW. who jil«>ad«vi
guilty to grabbing hi* wife with a knife t>e
•..<..- eh*> had obtaln<wl a divorce from him
vM!» h* vai nt f 1, «•»« p<*m»'r.oM by Judge
¦C/,rk vpFTerday tn-ttftc^n months in the County
JtH. - *
JAPANESE CONVICTED OK BRIBERY.—
H. B. Mori I, a Japanese, »as convicted yea
fr.-iay in the I'nluvJ BtmXm ,Dt*txk£ Court of
having uttemrtP'l tr > brib? Immigrant Inyp^ctor
Schell with $i". to R<--cure ttio landinr of a Jap
ai)" 1^ female tlave. He will -t>e sentenced on
Saturday. , - ; >
F0U)IER I\«ES nEVOLVER. — Sergeant
\Vf»ton ot the PrrFldio we* arrested last
ripht <>!) Montgomery avenue for discharging
Wfc revolver. H« claim* he fired In the air
in •••njer to halt a soldier who had escaped
from the Presidio some <Jay» apo. He. was
hrld on *in« bond*. . ¦
HEU) TO AKSWEIt FOR FMI'G^5LINf5.—
Aleot Th<-> me.*, wlm «ai' arreFt»»<j a few days
njro for srnuspllnR Jt<i c-i K ars from the trans
pert Wnrrf-n, anwarM yesteroay rnoniir.p be
fore t'rntf<J State* Court Commissioner Hea
<ock. and wa« hild to answer before the Fcd
cral Grand Jury.
r«IEP FROM CANTHATUDES POISOJT—
John Mark, who took a dose of cantharid'es
on last Sunday at tils rfnidrncp. 43 Gilbert
street. b*-caui"- r,t a riigaxreercent with hi*
wlff «iv«t U»e »»m of a oent«. <]ied yemf-rday
at the City and County Hospital. The body
was removed to the Morgue.
BOXED BT FAU,-A. n. Chcrer. .-, ,h!p
vrlrfci. reKidlns ct r.l't Ml^-ion nn*t. f«^l over
r banister «t hi» reslApnc-e laxt nijcht and
d'ed from the injuries received. He was
MRhUy intoxitated when he left the dininje
ructn to po to his bedroom, and it is thought
he PturabW-d when n<-ar the Ktaircaj>«'.
TOOK OVERDOSE <">F MOUI'mNE.— Joseph
?.!. Wiicpr. a native of New Vork. 63 year* of
i^te. «-a« brought from the Model lodcinj;
hcuw rin Mlcsicn street yesterday afternoon
t" the IfurlHrr llf*r>ital pufferinjj from an over
0eae «">f morphine. He die«l at the hoopital
about 11 p. m. It i« not known whether his
dfiith tva?; due to an accident or eulcidc •
FRA«TrRE8 TWO RIBS-Policman
Harry Hook, who putrols the. neighbor
hood around K.MJs and Mason streets,
fractured two ribs yesterday ¦ morninj?.
At tho time of the arcid^nt Officer Hnok
xva* running after two drunken soldiers
alonir Ellin Ftro^t and had reached Ma
fon Ktroet when he Flipped and fell an the
curbstone, injuring himself an stated.
Five Passengers Killed and
Many Injured in a
GRKENVILLE, Pa., Feb. 7.— Train No".
5, the New York-Chicago Limited on the
Krie Railroad, was wrecked this morning
within the town limits. Five passengers
were dead when taken from the wreck,
several are missing and there are many
SERGEANT MAJOR HARRY A.
HART. U. S. A., Fort Wood. New York.
GEORGE \V. PATTERSON. Philadel
phia, private Company .1, Tenth United
Slates Infantry (carried card of lron
PETER J. CURRY, Coboco. N. Y., pri
vate Tenth Infantry, 21 years old.
• UNKNOWN MAN, aged 25.
UNKNOWN MAN. Only papers on per
son-'a postal card that had been sent to
the Adams Produce Company, Rushvillc,
lnd v and a ticket from New • York to that
point. His face was literally torn, into
shreds. • .
The seriously injured are: William D.
Moore, 32 Lennox road, Brooklyn, com
pound fracture of left leg and badly cut
about head: B. A. . Marnden, Philadel
phia, terribly crushed about body; J. L.
Smith, Canistee, badly bruised; Joseph
Kennedy, Brookfleld, Mass., private
Tenth Infantry, compound fracture left
leg, cut and bruised about head and
body; W. F. MacGinnitie. attorney, Port
land, Ind., face, cut; O. H.. Simon*.
Kent. Ohio, brakeman, compound frac
ture laft leg. right leg'badly bruised: C.
J.. Henry, Aleadvllle, baggageman, left le^
broken, injured about cjiest; Milton Stan
ley, Newton, N. J... leg fractured, cut
about face: Harry Welsburg, express
;messenger, Dayton, Ohio, crushed.
Hardly a passenger escaped without In
jury. The ill-fated train was composed
entirely of vestlbuled Pullmans, three
sleepers, a day. coach, -, combination
smoker and baggage and 'mall car, ani
was ' drawn by one of the New Atlantic
type of engines. It was in the smokin.r
compartment that death laid a ruthless
hand, for not . one' of tho sixteen occu
pants escaped death , or injury. A party
of- soldiers, nine in number, on their way
from Fort Porter N. Y., to Fort Crook,
Neb., in' charge of Sergeant Major Hart
of New York, occupied . a : part of the
smoker. Of the' number. three were killed
and two seriously - injured. They " were
under orders, for' the > Philippines- and
would have sailed in a short time. .
DEATH REAPS AN
ROME, Feb. 7.— Signor Saracco tendered
the resignation of the Cabinet this morn
ing. King Victor Emmanuel will consult
with the- President of th,e Senate and
Chamber of Deputies and the various par
ty leaders to-day and to-morrow before
designating a new Premier. H? is con
fronted with a task of great difficulty,
owing to the chaotic conditions of the
Parliamentary parties. The majority,
which defeated the Government yester
day, consisted pf a transitory coalition of
the members of the. Right and Left, only
the Rudini group supporting the Govern
ment, the Socialists opposing the Cabinet
because they considered It not sufficiently
liberal, while the Rightists accused it of
lacking a coherent policy and yielding to
the Socialists. The fall of the Ministry
was thus due to diametrically opposed
reasons. Yesterday the coalition disap
peared immediately after the vote, the
parties being bitterly antagonistic as re
gards a general policy, so the first Par
liamentary crisis the new King has to
solve appears to be a perfect Gordian
knot. . •
After the announcement of the resigna
tion of the Cabinet in the Senate and in
the Chamber of Deputies- the Chamber
adjourned sine die.
The papers consider it probable that
Signor Villa or.Slgnor Saracco will be
chosen to form, the new Ministry. . .
King Victor Emmanuel
Mests With Very Seri
Horn Tick, a OhiB^P ronk. wa* shot and
fatji'liy wounded on Washington street,
near Washington alley, shortly after W
o'clock last evening. In his dying state-'
nrjpnt thr- injured Mongolian accuses a
fellow fount ryrastn named L«o Fook of
having committed the rrime. Th<* deed
was a hold oiip <m account of the early
hour and tho conspicuous place at which
it occurred. The marked man was sur
rouivlM by hip and in front of a
brilliantly lighted Ftore in which wem a
number of wnito nr=n the 5hot was fired
and the victim foil.
VVhen their bloody work had been ac
complished the highbinders scattered and
ttK* s^hoot*>r is to have rushed
ai-rnff tlio street and entered a four-story
]o<ipinc-hoti?e. This p'.are was searched
i'v xbf patrolmen ,nnd detectives, but on
a^f^'iint of the number of convenient
jilac^s for escape the object of their quest
could not be found.
As «ji]irk!y as possible Horn Tick was
rushed to the City Receiving Hospital.
The mrgeona found that the bullet had
entered tb»» bark, penetrating the liver
and pasting out just below the right nip
r.'p. I.u-.Ttn. th^ phy^ifMans say, will be
but a matter of a few hours.
Fatal Wounding of Horn Yick
in Mongolian Quarter and
Escape of Assassin.
A CHINESE COOK
TOPEKA, Kans., Feb. 7.— City Attorney
Grepg to-day dismissed the charge against
Mrs. Nation for smashing the Senate sa
loon on Tuesday. He threw all the re
!«ponsibility for prosecuting the crusader
on the State and said:
"The city has no ordinance covering the
destruction of personal property, but un
der the laws of Kansas the State can
prosecute Mrs. Nation if what s'he de
stroyed can be proved to be personal
The City Counselor and an attorney
employed to prosecute Mrs. Nation in the
State, courts had. he continued; sustained
hie view that she could not be legally
prosecuted by the city, and he therefore
announced the dismissal of the case.
Mrs. Nation, who was sitting at a table
i,M front of the Police Judge"? dosk. cried
'Amen! Thank you, Mr. Gregg; I al
ways paid you had too good a face to be
on the side of sin."
Then, rising in her seat and turning
about so she could fare the women who
had crowded the courtroom. Mrs. Nailon
began to sing "Praise God from whom
all blessings flr>w." Her followers took
up the strain and the courtroom 'was tem
porarily turned into a praise-meeting.
Judge Magraw commanded that the dis
turbance cease, but Chief of Police Stahl.
who had openly favored Mrs. Nation's
work, interrupted with "Go ahead, ladios,
and ping all you want to." and they did,
breaking out with even greater vigor with
the words. "God be with you till we meet
I'nable io continue business, court ad
journed and Judge Magraw left the build
ing. Mrs. Nation, the songs ended, took
<*hief Stahl to task for not destroying the
liquors seized by his men In raiding the
saloons, but soon went out. followed by
her husband. Later Mrs. Nation went to
the High School and by invitation ad
dressed the pupils. The senior class had
adopted resolutions commending her work
and Mrs. Nation was given a hearty wel
come hy the 'children. While she was
speaking Mrs. Nation was handed a pass
to the Senate chamber, sent to her by
Lieutenant Governor Richter.
Mrs. Nation addressed both houses of
the lvegislature this afternoon on the evils
of the saloon traffic. She presented herself
at the door of the House at 5:30, with the
request that sh«^ be allowed to speak. The
request was voted upon, and by a large
majority Mrs. Nation was allowed to
speak. Some few voted no.
"I heard those noes." said Mrs. Nation,
a» she walked upon the clerk's platform.
"I wonder why those people voted that
way. Have I ever offended you? Why do
you object to my talking? But, then,
don't I know that those noes come from
the liquor traffic?"
A storm of '.aughter swept over the
House, and it was several minutes before
Mrs. Nation could proceed.
"Hold up your hatchet." yelled some
one in the rear, but Mrs. Nation only
"Thank God. the noes are in the minor
ity." continued Mrs. Nation. "I come to
you to-day, men. as a Woman, as a grand
mother. I come to tell you our sentiments.
I am glad of this opportunity to speak to
fathers, husband?, protectors of wives
who sit at their firesides— who know a
woman's heart and her interests. .
"Now. gentlemen." said Mrs. Nation in
an earnest tone, "you can remedy this
condition by knocking' out the clause in
the prohibitory law which gives the Coun
ty Attorney the right to summon wit
nesses but which refuses him the right
to compel them to testify. You would do
so if common murderers were running
loose; why not do it in this case?
"Now, men,", she said, ."I am pleading
with you. I have been forced to do this
smashing business. 1 am going to tell the
truth— you have not been doing your duty.
A good, solid vote is the best thing in the*
world with which to smash the saloons.
You refused me the vote and I had to use
"The saloon man Is a malicious pauper.
He thrives off the life-blood of the men
of this nation. 'Whisky makes perjurem.
I would not believe a Jointkeeper on oath,
even if it was only' about a dog fight." •
Mrs. Nation addressed the Senate along
the same lines. •
Topeka's Counsel Declares
That the City Cannot
Accident to Captain Schell.
Captain H. H. ScheH. Chief Immigrant
Inspector at this port, slipped while run
ning to catch a car on Powell street, yes
terday morning, and tell heavily to the
pavement. His left shoulder was dislo
cated, and he was severely bruised in
other parts of the bodv. He will be con
fined to his room for about ten days.
TO MRS. NATION
TRAIN IS DERAILED
AT LABKSPUB STATION
Smoking Car Turns Over and Its Oc
cupants Are Badly Cut and
SAX RAFAEL* Feb.- 7.— The smoking
car of the 12:30 narrow-gauge train from
this city was derailed and capsized about
fifty yards north of Larkspur Station to
day. No lives were lost, though many
passengers were cut and bruised In the
turnover. The train left here on time in
charge of Conductor A. Murry and Engi
neer J. Drlscoll. When a short way
from Larkspur the train slowed down to
stop at the station. In crossing a wagon
road between two culverts the smoking
car, which was attached to the engine,
jumped the track. The derailed car was
dragged along the ties about thirty yards
when It pitched over on Its side. In this
position it was dragged a short distance
through the cut before the engine could
be stopped. When the train was brought
to a standstill the train crew and passen
gers of the other coaches -hurried to give
assistance to the people In the overturned
car. At first it was thought that many
had been seriously injured. As they be
gan to climb through the doors and
broken windows, each bearing his little
cut or bruise, the excitement fabated.
Among those who were, injured are: A.
Cajal, cut on head: George M. Dodge, ex-
County Surveyor, cut on nose and hands:
I>. Garzoll, Bolinas, injured in the leg:
Fredrick Mehl. San Rafael, cut on head;
Louis Smith, San Rafael, sprained knee;
Hong You. lacerated hand and Injured
leg. James Roberts was thrown from his
seat and believes that his back is serious
ly injured. There were about a dozen
Chinamen in the car and all were cut and
bruised. . \
The passengers who were In the other
coaches were* considerably shaken up and
frightened. They were: Mrs. .M. E. Coit.
Mrs. Fitzroy. Mrs. W. Magee, Mrs. N. S.
Ross, Clinton Jones, the well-known
broker of San Francisco, and Attorney T.
J. Butts of Santa Rosa.
The cause of the accident is unknown.
The train was slowing up for the station
at the time. The engine and the two
other coaches did not leave the track. It
was a peculiar accident and the railroad
people cannot account for it. The wrecked
car. had just come from the machine
shops, where it had been thoroughly over
hauled. Several hours after the accident
the track was cleared and travel resumed.
Shipments From Woodland.
WOODLAND. Feb. 7.— The fruit ship
ments, in carload lots, from Woodland
during 190) were as follows: Green 101.
dried 82, or about 4,070.000 pounds.. This
does not Include local shipments or ship
ments' in less, than carload lots, which may
be estimated at about half a? much more.
The hay shipments, 164 carloads, exceeded
the wheat and barley shipments by one
carload. Other shipments were, stock 143
carloads and wine 61 carloads.
Neither Carpentier or his grantees can now be heard to complain
that there was no dedication of the land at the foot of said streets
to the navigable waters of the bay.
proprietary and speculative .and not subject to any easement in fa
vor of t the "Inhabitants of the State" or the "citizens of the United
States for the purposes of navigation and commerce and ¦ fishery;
and that the lands between high and low tide lines are not covered
by navigable water*, our task is "not a hard one. and. numerous de- •
ci.«lons light our way to a correct solution of the problems before us.
Upon the question of the compromise Judge Ogden says:
The Supreme Court having construed the compromise of 186S or
the ratification of lS6t *is twin* effective. It only remains for th4s
court to Rive effect to them.
While 1 am aware that the learned Chief Justice has used the
words "wholly void," "was a gross and evident excess of power" an<}
"absolutely void" in reference to the conveyance of May 17, 1852. and
the various confirmatory ordinances prior to lx«<j,- yet I am compelled
to believe that these words were not u»fd in their strict sense.
An estate which Is void in law cannot be confirmed.
20 Cat. 97. Zottmin vs, San Francisco.
24 Cal. 5S6, Branham vs. Mayor of Pan Jose. 4
32 Cal. 60'i. Barr vs. Sehroeder.
This is another reason why it must be held that the ratification
In 1SC4 the charter of the city provided that all sales and leases
of property belonging to the city should be by public auction. (St&t.
1834, p. 187. Sec. 13.) Similar provisions have always been held man
Surely. If the title to the property . In ouestlon had not passed
from the city prior thereto (that is to say provisionally upon the rati
fication of the Legislature) any new conveyance thereafter must be
under and in accordance with the terms of the charter or be held
Summing up Judge Ogden says:
It follows from the vlcwn 1 ere expressed that It Is unimportant
whether the grant to Oarpemier was made good in lSfilor 1S6S. In
either case the ratification made eood the ortgirral conveyance, and
only such streets as may have been dedicated at the time of said
Krant became impoHed us a charge upon the land.
Between the passage of. the act incorporating: the town (May 4,
1S52, and May 17. IV>2, the date of the passage of the ordinance abdi
cating to Carpentier all the • water front, the city declared or dedi
cated no. street through the land in ttuestlon. nor was there any plaf
or map of said city showing streets to the southern or western bound
ary line or the line of low tid«> in the estuary, but by the ordinance/
granting to Carpentier the land In o.ueFtlon the policy of the town
wns shown to be. that there should b<? three streets open to deep water
nr the line or low tide, to wit: Main street, F or G street and D or
K street, and it was ".herein provided that said CarDtntler should
build wharves at the foot thereof. It -Is true that the consideration
for the promise of Carpentier to build said ' wharves was
afterward by our Supreme .Court declared to be held void.
(13 Cal. 540,. Oakland vs. Carpentier.) Yet. the ordinances
of. the city and. communications of Caroentier in evi
dence in this ease show that he- did build the. wharf at the foot of
Main street (now Broadway), and It was accepted by the city (ordi
nance January 1, 1853); that he did build the wharf at the foot of G
street and the same was aDDroved (ordinance Aug. 2. 1853); and that
the city agreed that the wharf proposed for the foot of D or E
streets might be built at the foot of Castro or Grove streets. .
It is in evidence that the owners of the land at the foot of
Broadway are not before this court, and their rights can not be
affected by this decree, b'ut as to O street and the street accepted by
the city irf lieu of D or E streets it will be adjudeed that the city
has an easement thereon to the navicable waters of the bay— the
estuary of San Antonio.
The formal appeal to the Supreme Court will be made by the
city. That court will then be called rpon t/> say whether Judge
Ogden's view of the case as to the effect of the Merritt com
promise is upon the lines laid down in the original decision. If
Judge Ogileii be sustained the watpr front company owns these
patches of land. If the Supreme. Court shall hold that the title
to the water front lands $\(l not vpst until 1868. the city has
title and can open all the. streets that were dedicated in 185b
through to ship channel without condemnation and purchase.
The Transcontinental Passenger Asso
ciation will meet in Chicago next Tues
day and the session promises to be a live
ly one. One of tho first subjects taken up
will be an attempt to arrange matters so
that there will be no. possibility of a rate
war developing when the Epworth
LoaguerB start for this city, where they
will hold their annual convention in July.
Some such action seems absolutely
necessary in view of present alleged con
ditions. The agreement of the officers of
the Western roads that no free transpor
tation should be Riven to influence pas
senger traffic stands .in danger, of b*lng
smashed to pieces, owing to the keen com
petition for the Epworth League business.
The Union Pacific is said to have started
the trouble by offering free transporta
tion to officers of the Epworth League
who will wield their influence to secure
business for that road." To meet this com
petition other lines are offering one. free
ticket to any one who secures ten passen
gers. This would enable a party securing
several hundred passengers to get enough
free tickets to start a ticket office of his
own for the sale of these tickets and reap
a rich harvest, it is claimed that there
is little difference between giving away
free tickets and paying commissions, and
if the practice is not stopped the anti
commission agreement is certain to suffer.
George T. Nicholson, passenger traffic
manager of the Santa Fe Railroad, has
devised -a new plan to prevent the man
ipulation of inter-line tickets. His scheme
will be discussed at the next meeting of
the American Association of General Pas
senger Agents that takes place next
Thursday in Chicago. Mr. Nlcnoison pro
poses to place opposite each railroad sta
tion appearing in the official guide a num
ber which shall apply to the station for
all time to come. The custom of print
ing the destination on tickets is to be
abolished. The names up to the gate
ways only are to be printed. Then the
official number of the station of destina
tion is to be punched in the tickets with
a perforating stamp*.
Those precautions, with the use of safe
ty paper only, for tickets, which paper
can be obtained only from the official
printer, will it is claimed, absolutely pre
vent the manipulation of the tickets.
The severe rains of the past week- have
resulted in several washouts on the lines
of the Southern Pacific and the Santa Fe.
•Manager FUlmore of the Southern Pacific
said yesterday that all trains were de
layed several hours, and that -the .wash
outs were so bad on the Santa Fe road be
tween Stockton, and Bakersfleld' that the
Southern Pacific had to haul all- trains
between these points for both companies.
President Hays of the Southern Pacific
will return to thin - city ; before he "starts
Kast to make'his report. tothe Harriman
syndicate. Hays, accompanied by General
Manager Kruttschnitt and Engineer Wal
lace, have left Ogden and are now on their
way to Portland over the Oregon , Short
Officers Are Tempted With
Free Tickets to Secure .
OAKLAND. Feb. 7.— The second trial of the water front
case has resulted in a decision by Superior Judge Og
den which virtually .calls upon the Supreme Court to
again define Its views upon the litigation. Judge Og
den's opinion, filed to-day, takes the ground that the
famous Merritt compromise of 1S68, upon which the Supreme
Court based the validity of. the water front company's title
to certain of the water front lands, is retroactive, and ope
rates to make good that title back as far as 1852. The effect
of the decision, if Judge Ogden's view of the Supreme Court
judgment be sustained. Is to give the "Water Front Company,
title to the various pieces of land through which streets were
opened by the Town Trustees In 1855. ' ,
The decisio/i leaves but a definite line upon two streets;
namely, !D or Grove street .and G or Market street. ! These.
it is possible, were made open and dedicated thoroughfares )n
1S52, and are therefore now public streets. Judge Ogden pays',
with relation to Broadway, that the owners at the foot of that
street cannot be affected by a decree of his court, as they are
not before it. It is< shown, however, that Broadway was in
cluded in the same category as that of the streets he specific
ally cites.- The Broadway title is now in litigation in the United
States Circuit Court.
His Honor reasons that the retroactive effect of the Merritt
compromise is such as to put into question, the proposition
whether the city owned the land that In 1S53 it declared to be
streets all along the south and west shores of the water
front. "When the Town Trustees that year opened these
streets they did it upon the theory that the town owned the
property, namely, as far out as the low-tide line.
In his decision to-day Judpe Ogden in the following language
passes en to the Supreme Court the question whether the city
did own it. or whether it was in private ownership by Carpen
tier and others:
The finding, thrrefbre. will be that all of the streets declared
opened to the line of lew tide on the south and west sides of the
city prior to 1S6S Constituted and became public Btreets; provided at
the time of the passage of such ordinance the land was the property
of the city.
"William R. Davis, chief counsel :n the water front suits for
the city, points out that the whole question is whether the city
has title or whether the Water Front Company has title to these
small sections, of land at the foot of the streets between the
mainland,' where they now terminate, and the line of low tide;
Under no circumstances, he says, can the city be prevented
from extending those streets across this land, lying beyond the
Peralta grant line, even if the courts shall finally decide that
it belongs to the Water Front Company. The city at any time
can acquire this land by purchase or by condemnation when
there shall be a demand for the extension of the streets, even
by piers to ship channel.
"The present opinion," Mr. Davis says, "interprets the re
cent decision of the Supreme Court as to the Merritt compro
mise to mean that the early conveyances of the water, front to
Carpentier were made operative in 1S52. their own date, and not
in 186S, when the final compromise of all the deeds, grants and
previous adjustments were made. Therefore inasmuch as nearly
all of the streets were dedicated in 1835, thirteen years before
the compromise of 1S68. the city's title was not good to the prop
erty through which it opened streets by the dedication. But
Broadway, D or E and F or G were dedicated by the grant of
At the outset Judpe Osden in his decision reviews the Su
preme Court opinion as to the effect upon the large area of
lands contended for by the Water Front Company. Then he
Subsequent to the 17 1 ii day of Mar, 1S32, and before the 2d day of
April, 1S6S, the city of Oakland declared a large, number of streets
of the city open and public afreets; some of them to the line of hlfth
tide, others to the line cf low tide and others again to the southern
boundary of the city, which would bring them to »he line ot low
tide on the Alameda shore.
The question now presented to this court upon the retrial of said
cause Is: Which streets have been by the city of Oakland dedicated
to public use and are imposed as a charge upop the land in question?
In determining this question It becomes important to determine the
effect of the decision of the Supreme Court.
Is the tract In question when covered by the tides subject to the
easement in favor of the public for the purposes of navigation and
In Knsland the ebb and flow of the tide constituted the leg"\l test
of the navigability of waters and "tide waters" and "navigable
water?" were Fjniinymni's terms.
I am constrained to bcliev-p. however, that the Supreme Court in
t»ndM to hold in its opinion nied hpreln that at least after th* title
from the city vested in the grantee. Carpentier, it was not nubjpct to
any fucIi easement in favor of the city or the inhabitants of the
State, and that said lards were not a part of the estuary.
This I.-inctiMKe If used:
"Th» conclusion. I think, necessarily follows that from and after
the 2d day of April. lSf,8. the city of Oakland ceased to be owner, as
trustee or otherwise, of any portion of her water front except those
portions secured to her by the compromise of that date, and such
streets, thoroughfares and other parcels as may have been previously
dedicated to public use. As to all such places the transfer to the
¦\Vater Front Company mid its assigns was subject to the public ease
ment, and the city as trustee for the public is no doubt entitled to
a decree In this action df fining her right- of control over the lands
fo dedicated. V
If the construction to be placed upon the set of the legislature
declaring: the estuary of San Antonio navlKable (Statute W52, p. 182),
(Political Code. S»ci>. 23««-2349) v.-as effective to make that stream nav
igable within the linen cf ordinary high tide, all of it had been
dedicated to public u«e, and thereby a grant of any part of ihe
lands under these waters would subject them to such easement.
But- the Supreme Court announced no such rule and undoubtedly
proceeded upon the theory that the shore line (that Is to say. the
line between low find hiRh tide) when sold by the Sta«e became pro
prietary or speculative lands and not land covered by navigable
If navipable waters ronstst only of that portion' of the sea below
the line of low tide (and the lanRiiage "of the learned Chief Justice
and Justices McFarland and Garoutle so convinces me) then the. land
above that line, like any other property, is by this decision made sub
ject to sale and transfer. A -transfer by the city, while vesting
title in its jcrantee. still leaves in Its hands the political power to
condemn such portions thereof as may be necessary for the use of
Taklnp. then, as our premise that the lands in question - were
MAY CAUSE WAR
Decision in Water Front Suit Virtually Oails Upon the Supreme
Court to Again Define Its Views, and the Matter Now
Rests on the Question as to Period When Title Vested
CHIHUAHUA, Hex., Feb. T.-^'ord has
just reached here of one of the most ter
rible ¦ mining- disasters that ever occurred
In Mexico. An explosion in the San An
dres mine, situated in a remote locality of
the Sierra Madres, in the western part of
the State of Durango, caused the-death of
eighty-seven men, women and children
and injured many others. The catas
trophe was due to the explosion of several
hundred cases of dynamite, which was
stored In an underground chamber of the
mine. Electric wires, connecting with the'
hoisting machinery, passed through the
room in which this dynamite was stored,
and it is supposed that these wires be
came crossed, thereby causing a tire
which set oft the dynamite.
All of the killed and Injured were qn
the surface, most of them occupying res
idences immediately over the underground
workings of the mine.- The explosion tore
away the whole top of the mountain on
which the village of miners was located,
and men, women and children were blown
to pieces. Among-, those who were killed
was Herman Luetzraan. the superinten
dent of the mine, and all the members of
At the time of the explosion there were
several hundred miners at work in the
lower workings of the mine, and. strange
to say, none of them was seriously in
jured, although they .were all seriously
shocked by the force of the explosion.
They rushed to the surface through one
of the shafts that was not filled with
de.bris and the sight that met their eyes
in the almost complete destruction of the
village Js indescribable. The work of
gathering up the fragments of the victims
was begun and they were placed together
and buried in one grave. Summons
was sent to neighboring camps for sur
geons to attend the injured, and it was
some time before this aid arrived.
The' ban Andres mine Is the most cele
brated silver mine in Mexico.- It is valued
at $20,000,000. It has produced many mil
lions of dollars' worth of ore.
Dynamite Accidentally Touched Off
in an Underground Store
Rends the Top of a
Eighty-Seven Men, Women
and Children Blown to
WRECKS A TOWN
Returned Volunteer^ Greeted
at Presidio With Mili
Comfortable Quarters in Model Camp
Assigned to Hen of Thirty-
Seventh Infantry Kegi
| The long voyage of :h'e men of the Thir
i ty-seventh Volunteer Infantry ended yes
terday morning when they were landed
from the steamers McDowell and Resolute
at the Presidio wharf.
Headed by the Thirtv-sevcnth regimen
tal band, they were mru'ehed up the dock,
at the head of which 'they were met by
the Third Artillery band and the entire
garrison force, under command of Colo
; nel Rawles, which escorted the returning'
regiment to its quarters in Model Camp.
Along the iir.e of march stood ljundreda of
civilians, giving a hearty welcome to the
heroes from Manila. When near the camp
prepared for the volunteers, the men un
der Colonel Rawles were halted, allowing
the Thirty-seventh to jiass on. It was ;i
pretty sight, the men of the. post standing
trim and erect, with arms at present,
while the veterans of the two years 1 skir
mishing in the islands marched to their
In the tents stoves, coal and wood ha'l
been placed in abundance, and it required
but very few moments for the soldiers to
start a cheery blaze, ueposit their blan
kets and fall into comfortable positions
and prepare to receive the visitors throng
insr the camp.
The recruits who nave * not yet seen
service in the Philipvines were not be
hindhand in welcoming the volunteers.
The Provisional battalions were at drill
when the men passed the parade ground,
and they promptly stood at attention, at
the command of their officers, and pre
sented arms'as the heroes filed past.
M. Cheatha-m, a brother of Colonel
Cheatham of the Thirty-seventh, is here
from Tenessee. and promise? a hearty re
ception to the boys from that State in the
regiment upon their rettirn home. He 13
making every effort to have the men re
turn in a body after receiving their dis
charges. Colonel Jocelyn, who will have
control of the mustering: out details, has
; secured quarters in tiie Phelan biuldingr.
where a force of clerks will start in im
mediately preparing rolls, and attending
to preliminary matters. It will require
i fully two weeks to ret the necessary pa
pers in proper shape. In the meantime
the men will remain in camo. where every
I liberty within reason will be given them.
John Shea, deputy poundkeepcr, who
was charged with battery upon Mrs. Eliz-
Mb*>th Green, 414 Clement street. Wednes
day rooming. January 30, was tried before
Judge Fritz yesterday, and after hearing
the evidence the Judge convicted the de
fondant aid ordered him to appear for
sentence this morning. Mrs. Green was
averse to prosecuting the case, as Shea
had bef n suspended by the poundmaster,
but his attorney insisted upon a trial,
claiming that h<> was innocent.
The Jir.-^t -wit •!*¦-«». examined was E. F\
Green, husband of the complaining wit
ness, v ho testified to his wife's arm and
wrist being- distolored aJid swollen after
the encounter with the defendant. Mrs.
Green thf-n to!d the story of how Shea
had thrown the net over her dog in th*
1' t adjoining her bouse after she had
reached the animal and her struggle with
him. He twisted her wrist so hard to
compel her t<> :ct go her hold of the dog
that *he almost fainted with pain. He
5>uile<i the dog violently away from her.
Another man came to the defendant's as-
Pi.^tance ar.d seized her by the arm so
roughly that the black marks of his fin
; ra were visible on her arms for several
Mrs. H. O. Witt. Miss Lulu Guthrie and
Miss Alice M. Guthrie. neighbors of Mrs.
Green, testified to stp;ns- the struegle in
the lot between hfr and the defendant.
Secretary Holbrook .«f the Society for the
Prevention of Cruelty to Animals testi
fied as to the condition of the lot. which
was fenced in. and when cross-examined
a? to the defendant's reputation he re
plied that it was bad.
This closfKl the case for the prosecu
tion, and Shea took the stand. He testi
fied that he had caught the dog in the
n<t before Mr?. Green attempted to take
it from him. He denied that he seized
her by the wrist and tw-!s<«-0 U. He sim
ply pusbed her aside, ho Bald. Stevens,
the driver, came up and pr.ibbed her by
the arm. teUing her that the easiest way
vu to drop the dop- Some women foupht
harder than Mrs. Gre«n to save the'r dogs.
He said he always seized a dog by the
«>ars so that it oould not bite him. He
admitted in cross-examination that he
had no right to go into a closed lot.
O. H. Stevens', the driver, denied that
her t-oiz^d Mrs. Oretn by th«» arm. James
Hu^he*. another deputy, testified that ho
saw Shoa with the net over the dog and
Mr?. Gr^en approaching him. He was
on his way to the wapon with another
This elr>5P<1 the case, and thf> Judge con
victed the defendant and ordered him to
n;>I><\-ir fcr sentence this morning.
Jlrs. Elizabeth Green, Who Is the
Prosecuting- "Witness, and Oth
ers Testify Before Judge
Will Have to Suffer for His
Brutal Assault Upon
JUDGE OGDEN DECLARES MERRITT
COMPROMISE TO BE RETROACTIVE
THE SAN FRANCISCO CALL, FRIDAY, FEBRUARY 8, 19O1.
SUPERIOR JUDGE? OGDEN OF OAKLAND. WHO YES
TERDAY RENDERED A DECISION IN THE FAM
OUS WATER FRONT SUIT.
Tennis Courts in Park.
At a meeting of the Park Commissioners
last night Commissioner Lloyd suggested
that the old' music grounds be converted
into tennis courts. The Idea met with the
favor of the rest of the Commissioners
and Martin and Lloyd were appointed a
committee to Inquire Into the matter.
The exhibits loautd from the Park
Museum were returned In such poor shape
that- the Commissioners decided to pre
sent a bill of $200 asralnst the Paris Com
missioners for repairs.
THE KIND Or A WIFE I WOULD CHOOSE
CTaO \4 V CAM Q y Central O. O. Howard. Rev. T Spurgeort.
rOK MY SUN. Plf^^ iriS c^.V 4°"S5 d $ ooK - R«- J°*«^^
• ••90 A li"!-/ 1 "!- 66963
••• I B_/% a °f •
S SAN FRANCISCO'S TWENTIETH CEN- |
J TURY WITCH. . J
I ST. VALENTINE'S DAY. §
• ARE VEILS INJURIOUS TO THE EYE- §
g SIGHT? •
¦ ®' ; '" " - ' •
I PZCK'S BAD BOY AND GROCERYMXN |
• CELEBRATE VALENTINE DAY. •
I A DAY WITH THE LIFE-SAVERS. |
• HOW TO COSTUME FOR A MAS- 2
• ; QUERADE BALL. 5
© . . . ...... _ ©
©So f> k ii ©I©
•GO i All ©»»
THE KIND OF A HUSBAND I WOULD CHOOSE
FOR Ml DAUGHTER. By Marlon Hartaod. Harriet Spofford.
i« arlstta Holley, Margaret E Songster and Countsss Schlmmelroanfj.