The San Francisco call. [volume], March 12, 1895, Page 2, Image 2

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the valley road should have described 'the
property they wanted. He then intro
duced the following, which he wished in
serted in the bill :
Provided further, that the Commissioners
Khali have power to lease, for a period not ex
ceeding fifty years, to a railroad corporation
incorporated in this State and not having at
the date of the passage of this act any terminal
facilities in the city and county of San Fran
cisco, the land belonging to the State and de
scribed as follows: All that portion of China
Basin lying within the following described
lines: Commencing at the intersection of the
south line of Channel street with the east line
of Kentucky street (Kentucky street being 150
feet In width); thence in an easterly direction
at right angles with said east line of Kentucky
Btreet to the line of the seawall or thorough
faro approved March 13, 1S78; thence in a
southerly direction along said inner line of the
thoroughfare to its intersection with th
northerly line of Fourth street (Fourth street
being 150 feet wide): thence northwesterly
along said northerly line of Fourth street to
the east line of Kentucky street; thence north
erly along said east line of Kentucky street to
the point of beginning.
Which corporation shall have access thereto
and the right of way through one or more con
venient street or streets, forming, however,
but one continuous right of way, with ore
double track, provided that a condition shall
be inserted in said lease thai said corporation
shall proceed within six months from the date
of said lease, to Improve said premises for sab
terminal purposes and proceed thereafter to
construct upon said property such improve
ments as may be quired by the Board of Har
bor Commissioners.
Provided further, that the railroad corpora
tion which is given the lease herein provided
for shall, within six months after the passage
of this act, commence the work of construct
ing and prosecute it continuously to comple
tion, within three years from said date, a
standard gauge road, and shall fully equip
and operate the same, for freight and passenger
traffic, for a distance of not less than two hun
dred miles from the property herein authorize!
to be leased; provided, further, that no debt or
liability shall accrue against the State for any
work done or material furnished, under con
tract or otherwise, by the act of the lessees of I
any of the parcels of land in this act mentioned j
and 4escrlbed.
Provided further, that a failure to comply !
with any of the provisions of this act shall I
work a forfeiture (without further legislative
enactment) of the lease given under the pro
visions hereof, and the property herein author
ized to be leased, with the improvements
thereon, shall revert to the State, and all
rights given under the lease herein authorized
shall cease and determine.
Provided further, that said lease shall not be
in effect unless it be approved and executed by
a majority of the Board of State Harbor Com
missioners, and for said purposes, the Governor
aud attorney-General of the State are hereby
constituted members thereof, with like powers
and rights as other members of said board.
Reid waited till the clerk had read the
bill, He then explained that he was not
opposed to the Harbor Commissioners leas
ing water-front property for terminal pur
poses. He thought, though, that the
Powers amendment was too broad, as he
claimed it gave the Commissioners right
to rent any part of the water front, even
the new ferry depot, for $1000 a year.
Reid then explained that, not being
familiar with the water front, he had ad
vised with the engineer of the Harbor
Commissioners and that he had kindly
marked out a portion of China Basin
which he thought would be valuable to
the new road. The law said Channel
street should be kept open, so he had left
it out. He had prescribed that certain
work should be done, because nobody knew
that the new company, even though it had
the leading merchants of San Francisco at
its head, would not improve ten square
feet of the fifty acres of the front granted
them by the bill and sublet the rest for
saloons and lumber-yards. Another
change he explained was in substituting I
the Attorney-General for the Mayor in the }
board to lease the front.
As soon as Reid sat down McKelvey of
Orange tried to introduce «an amendment
to Reid's amendment. This provided that
the terminal facilities to be granted should
not be within two miles of any city or
town fronting on navigable waters. He
argued that the new law was unconstitu
tional since it authorized the lease of water
front lots, which the constitution forbade.
Powers of San Francisco -bowed the weak
ness of the arguments of the opponents of
the measure, and referred to their suspi
cious origin.
"I am opposed to iking specific laws,"
he said. "Even if I did not I should in
this case feel that it would be best to find
what portion of the front the new com
pany could use.
"Mr. Reid frankly and ingenuously tells
Us his bill was drawn up with the assist
ance of the engineer of the Harbor Com
missioners and one of the members of that
commission. It is, therefore, not at all
surprising that the property he has marked
out is not desirable for the purposes for
which the new company ask it. The gen
tleman has stated that the only land avail
able for terminal purposes lay in China
Basin. He is mistaken in this. The
reports of the Harbor Commission show
that there is land in the Central, India and
Dry Dock basins also.
Powers then argued that, by admitting
continual details every day. the next week
could be occupied introducing amend
ments. Yet the bill itself was sufficient if
the Harbor Commissioners would do their
duty, and there was no reason for taking it
for granted that they would fail in this.
'If we amend this bill now," he said, j
"to gratify the learned gentleman from i
Trinity and the chief engineer of the Har
bor Commissioners, we might as well send I
it to the graveyard. Several days will be J
taken up piling on amendments. It will
then go to the Senate, and if-that body
disagrees to any of these amendments,
none of which have been made up with the
assistance of friends of the bill, it will then
have to be referred to a conference commit
tee, and long before their decision can be !
reached the Legislature will be adjourned
and the bill killed." . ?£_ ; .' v
Brusie of Sacramento, stated that when
Mr. Spreckels had interviewed him he had
expressed the opinion that any citizen who
should put obstacles in the way of the
competing organization could not properly
conceive the duties of a citizen, yet the
constitution, he thought* .forbade the
granting or selling of water-front property
to prevent just such action as they were
asked to take. The new road, he knew,
would be a godsend to the State and to the
railroad company but he was satisfied
that, much as he regretted it, an, obstacle
presented itself in the constitution. -Mr.
Brusie's protestations of sorrow did not
overcome the House. Some of them even
had the unkindness to wink their other
eye, and Bledsoe of Humboldt went so far.
as to doubt the purity of .his motives. He
emphasized Powers' statements of the
effects of further amendments.
"It has not been shown us," he said,
"that this particular piece of land would
be useful to the new road.. The engineer
of the San Joaquin Valley road has not
surveyed the front and does not know
what his company wants."
"If you continue these amendments," he
cried, "you . might as well strike the bill
from the riles and admit that the entire
front is in the control of the •. Southern
Pacific. None of them are presented in
good faith and none should be adopted."
Dwyer of San Francisco also thought the
amendments were introduced to kill the
bill. He was sure that to "grant" did not
mean to lease. Baehman of Fresno was
♦f the opinion that their fears as to the
constitutionality of the bill were all imagi
nary, and he declared the Supreme Court |
of the United States had so decided.
"This objection," said he, "is meant
merely to delay the building of the San
Joaquin Railroad." McKelvey of Orange
then labored hard to show the unconstitu
tionality of the bill. He was followed by
Dinkelspiel. who announced that the con
stitutional question was absurd. The ob
jection that the rent proposed was too
small seemed to him ridiculous when the
assistance given to other roads was con
sidered. He thought the purpose of the
amendment was solely to obtain delay and
obstruct the bill's passage. Once more the
floor was claimed by Powers. The bill, he
said, was drawn so that it would not come
under the prohibition of the constitution.
It would be folly to try to make the com
peting road take a piece of land they could
not use. They would have to send an en
gineer to survey the front in order to specify
the land they wanted.
"This," the speaker continued, "is not
right, it is not fair, it is not equity. There
is no necessity for it except the necessity
which the Southern Pacific Company feels
of keeping the water front for itself."
He urged that San Francisco as a munici
pality had so much interest at stake that
it should be represented on the board of
commissioners by the Mayor. It was not
right to deprive the city having more in
terest in the matter than any other locality
of its representation because of personal
prejudices against a man.
Mr. Powers explained that the bill was
merely an enabling act. The San Joaquin
Company and the Harbor Commissioners
would have to decide whether a lease
would be desirable, and if the property
were improved and the lease was not legal
it would be the railroad company and not
the State that would be the loser.
Judge Waymire of Alameda announced
that he was in favor of the bill just as it
stood. Bulla of Los Angeles wanted the
water front kept open. He was afraid that
before ten years a certain number of men
would have absorbed all the stock of the
company, and thus give them the control
of the proposed fifty acres. .
"Are you not aware that the property
reverts to the State in fifty years?" asked
Judge Waymire.
Bulla answered this by asking a question
in return as to what the new company
would be required to put on the land.
Phelps of San Mateo made a stirring
speech for the bill as it stood.
"We can never have real prosperity," he
said, "till San Francisco, Sacramento and
Los Angeles are railroad centers. I be
lieve in giving even' competing road ter
minal facilities, such as those contem
plated in the bill. If sofne of the argu
ments presented here were sound, tne ex
isting roads would have a sole and
perpetual right to the water front. The
constitution did not intend to convey such
a monopoly to one corporation."
Re id of Trinity then indulged in a talk
about giving away one's birthright. He
was opposed to giving up the people's
claim to the front. He assented that the
San Joaquin Valley Railroad wanted the
earth, but that they would not get it. If
his amendment were not satisfactory, then
he wanted the bill referred to some com
mittee. No one doubted this. Still the
House was not willing to grant it, and a
general murmer of interest went up when
Judge Waymire asked, "Was not this bill
drawn up under the advice of Mr. Holmes,
the chief engineer of the Harbor Commis
sion, who was once in the employ of the
Southern Pacific?"
"I know 1 telegraphed for Mr. Holmes,
but I don't know about his ever being a
railroad man," was Reid's answer.
By this time the House had grown im
j patient. The question was demanded,
and Reid's amendment was defeated, the
vote being as follows:
Ayes— Barker, Brusie, Bulla, Butler, Collins,
Cutter, Ewing, Glass, Hatfield, Huber, Kenyon,
North, Osborn, Reid, Wade, Weyse— l6.
Noes— Baehman, Bassford, Belshaw,
Bennett, Berry, Bettman, Bledsoe, Boothby,
CargiU, Coghlin. Coleman, Dale, Davis, De
vine, Devitt, Dinkelspiel, Dixon, Dodge. Dun
bar, Dwyer. Fassott, Gay, Guy, Hall, Healey,
Holland, Hudson, Johnson. Jones, Keen,
Kelsey, Laird, Lewis, Meads, McCarthy, Mer
rill, Nelson, O'Day, Pendleton, Phelps, Powers,
Price, Richards, Robinson, Rowell, Banford,
Spencer. Staley, Stansell, Swisler, Thomas, Tib
bits, Twigg, Waymire, Wilkinson, Zocchi— s7.
Absent and not voting— Freeman, Laugenour,
Llewellyn, McKelvey, Tomblin, Wilkins, Mr.
Speaker— 7.
Laugenour paired with McKelvey, who
would have voted for the amendment.
Speaker Lynch also refused to vote.
McKelvey's motion was voted down by a
decided viva-voce vote. Then further
needless delays were shut off by a call for
the previous question.
This brought up the bill for final pas
sage, amended only to make it illegal for
the new company to assign a lease it might
have obtained. Only nine men voted
against the bill, while GO voted for it. It
was noticeable that on this occasion also
the Speaker did not vote. Those who voted
against the bill were:
Noes— Barker, Brusie, Bulla, Cutter, Hatfield,
Huber, Reid, Wade, Weyse— 9.
The supporters of the measure were:
I 'Ayes — Ash, Baehman, Bassford, Belshaw,
Bennett, Berry, Bettman, Bledsoe, Boothby,
! Butler, CargiU, Coghlin, Coleman, Collins,
Dale, Davis, Devine, Devitt, Dinkelspiel, Dixon,
Dunbar, Dwyer, Ewing, Fassett, Gay, Guy,
Hall, Healey, Holland, Hudson, Johnson,
Jones, Kelsey, Kenyon, Laird, Laugenour,
Lewis, Meads, McCarthy, Merrill, Nelson,
North, O'Day, Osborn, Phelps, Powers, Price,
Richards, Robinson, Rowell, Sanford, Spencer,
Staley, Swisler, Thomas, Tibbits, Twlgg, Way
mire, Wilkinson, Zocchi — GO.
Powers moved to have the bill trans
iiley, Swisler, Thomas, Tibbits, Twlgg, Way
re, Wilkinson, Zoechi — 60.
Powers moved to have the bill trans
mitted immediately to the Senate. This
was ordered and many of the members left
their seats to exchange congratulations
when they were electrified by hearing De
vine of San Francisco announce: "Mr.
j Speaker, I wish to give notice that on the
next legislative day I will move to recon
sider this vote." This caused the bill to
be held back. It was a thunderbolt from a
clear sky.
The comments as to Mr. Devine's mo
tive were anything but complimentary.
He had voted against Mr. Reid's amend
ment, against McKelvey's amendment and
for the bill. That he should at the last
move to reconsider when such action could
be productive only of delay was considered
very suggestive to say the least.
The reception of the bill by the Senate
will be almost as hearty as thai given it by
the Assembly. The railroad lobby has
been busier in the Senate than in the lower
house and more opposition is anticipated.
Is there any baking powder to compare
with Dr. Price's? Its equal has never
been found. ' -
Seattle Controversy Ended.
Seattle, Wash., March 11.— The long
controversy over the county treasurership
was ended to-day. A. P. Mitten, the retir
ing Treasurer, transferred J. W. Maple the
cash deposit at the banks, amounting to
over $300,000. Maple insisted on the pro
duction of the money at each bank ana re
deposited it as a special deposit.
Heavy Storm in the Sierras,
Fresno, Cal., March 11.— of the
heaviest storms in years passed over the
Sierras east of this city on Saturday night.
Boxes on the telephone lines were burned
out and what was almost a waterspout
overflowed the streams.
THE SAN FRANCISCO CALL, TUESDAY, MARCH 12, 1895.
A DAY OF DEBATES.
Senators Wax Warm in
Discussions Over
Legislation.
TELEPHONE BILL KILLED.
Los Angeles County Bond Bill
Passed, but Will Be Re-
considered.
THE REFORM BILL ATTACKED.
Senator Earl Led the Fight Against
It and Acrimonious Person
alities Followed.
Sacramento, Cal., March 11.— The two
topics of oratory and debate in the Senate
to-day were Mathews' bill granting Los
Angeles County the privilege to bond itself
for railway building, and the bill which
gives the State Board of Examiners super
visory power over the boards of State
charitable and penal institutions, intended,
as its supporters claim, as a check on ex
travagance. The County Government bill
occupied nearly the whole of the morning
session.
The exposure which the Call made of
the joker by which the Assessor was to
make G per cent net on the personal taxes
collected, and which caused the San Fran
cisco delegation to amend the bill so far
as the provision affected the city and
county, caused a storm of country protests
to pour into the Senate this morning, and
nearly half the Senators offered amend
ments to exempt their counties from this
provision. The bill was finally passed and
sent to the Assembly.
The debate of the day was over the bill
fathered by the Assembly Committee on
Retrenchment and Reform, which provides
that the Governor, boards of the prisons,
asylums, normal schools and reforma
tories, and all commissions and persons
employing persons paid for wholly
or partly by State appropriations
or moneys which would otherwise
go to the State, shall report to the State
Board of Examiners the names of the per
sons so employed, with their services, their
salaries, and the necessity for their employ
ment. The bill further provides that
the State Board of Examiners shall
inquire op to the necessity for having
each employe, and shall fix the salary at a
rate not higher than would be paid for
private institutional employment of like
character. It is also provided that except
in cases of urgency the local boards shall
employ no one without first reporting to
the State board of examiners and receiving
the authorization of that body.
Senator Earl led the attack upon the bill,
which he declared would be a blow at the
State University and the public schools.
Senator Burke declared that Earl's argu
ment was a mere subterfuge. The bill did
not include the university, and the public
schools, and if Senator Earl really feared
that it did he could offer an amendment
which would certainly exclude them.
Senator Withington hit Earl a verbal rap
by declaring that his argument against the
bill convinced him that it would be wise
to vote for the measure. Senators Orr and
Biggy made speeches in support of the bill.
Senator Langford attacked Senator Earl,
declaring that he had had a director of the
Deaf and Dumb and Blind Asylum sitting
by his side as a lobbyist, and that he had
killed a bill at that director's instigation.
To this Earl replied : "I have seen no
one lobbying more on the floor of this Sen
ate than the directors of the Insane Asylum
in the district of the Senator from San Joa
quin and to whom he introduced me on
the floor of this Senate. His high-sound
ing expressions had better be modified a
little."
When the vote was taken there was a
good deal of dodging and a call of the Sen
ate followed, during which Earl went to
Beard's desk on an unsuccessful mission to
get him to change his vote, and White
hurst was quite as unsuccessful in his visit
to Shippee's desk in trying to get him to
vote at all. The bill was carried by the fol
lowing vote
Ayes— Arms, Beard, Biggy, Burke, Dunn,
Fay, Franck, Cleaves, Henderson, Hoyt, Lang
ford, Mitchell, Orr, Pedlar, Senwell, Seymour,
Simpson, Toner, Voorheis, Whitehurst, With,
ington— 21.
Noes— Androus, Bert, Denison, Earl-
Hart Holloway, Linder, Mahoney, Martin,
Mathews, McGowan, Shine, Smith— l 4.
Failed to vote— Flint Ford, Shippee— 3
Gessford, McAllister— 2.
Earl changed his vote from no to aye,
and will move for a reconsideration to-mor
row.
After a deal of discussion over Senator
Mathews' bill, permitting Los Angeles
County to bond itself for railroad con
struction, the Senate voted to reconsider
the action by which the bill was passed on
Saturday. The vote stood 24 for reconsid
eration to 12 against. The bill was made a
special order for to-morrow.
On motion of Withington of San Diego
for the Judiciary Committee the state
ment of population of the various counties,
based on a calculation from the guber
natorial vote, was stricken out and an
arbitrary figure of population inserted
as given by each . Senator. This
was done to meet Earl's objection
urged Saturday evening as to the mode of
classification by population. Under the
adopted classification there are fifty-seven
classes, each county forming a class ; San
Francisco first, Los Angeles second, Ala
meda third, Santa Clara fourth, Sacra
mento fifth, Sonoma, sixth, San Joaquin
seventh, San Diego eighth, Fresno ninth,
San Bernardino tenth and so on to Alpine
fifty-seventh.
Hart of Sacramento caused a debate by
a proposed amendment, which was lost, to
have Supervisors in cities of the twenty
fifth class (Kern) name paper for official
advertising. .'-
Another, amendment by Hart carried,
giving counties one extra deputy sheriff
and two extra county clerks for each addi
tional Superior Judge. Amendments were
made following in the lead of the amend
ment by Biggy of San Francisco resulted
in giving Tax Collectors or Assessors
no commissions for personal property col
lections but to make salaries payment in
full. The bill went to the printer and was
made a special order for Wednesday.
A bill was passed appropriating $3000
deficiency for putting in' heating and ven
tilating apparatus for the San Jose Normal
School.
LIVELY NIGHT SESSION.
A Variety of Measures, Passed
Upon by the Senate.
Sacramento, March 11.— Senator An-
drous broke , the Senate record to-night.
He requested a reduction in the appropria
tion for an institution in his district, and
was permitted to introduce a bill cancel
ing the appropriation of $245,000 for the
Whittier Reform School in the general ap
propriation bill and appropriating $200,000
for that institution.
"They have reduced the salaries at Whit
tier," said Senator Androus. "I have let
ters stating that $200,000 will be sufficient.
Economy is in the air and we want to be
gin in Southern California." The bill was
read the first time and hurried to the
printer.
The telephone cinch bill was killed to
night. The measure secured but 11 votes
to 22 against it. Senator Biggy asked the
author of the bill to explain its purpose.
There was no explanation.
Senator Earl's bill, which has for its ob
ject the prohibition of the sale of liquor
within a mile of the State University or
of any State prison, passed the Senate by a
unanimous vote.
Senator Bert's bill to abolish Dr. Potter's
Home for the care of inebriates came up
for consideration. Bert declared that the
institution was a modern bastile. The bill
was finally passed without a dissenting
vote.
Senator Fay withdrew his bill directing
the Board of Harbor Commissioners to ex
tend the seawall north and substituted As
semblyman Spencer's bill, No. 889, relat
ing to elections. The bill provides that
nominations shall be filed with the Secre
tary of State not more than sixty nor less
than thirty days before an election.
It also provides that the Supervisors
shall choose the election officers, and
seeks to regulate the elections in such way
as to guard against frauds. It is provided
that the election officers must be chosen
as nearly as possibe from all political par
ties. As soon as clerks complete the tal
lies they must trace the lines beneath and
affix their initials to prevent interpolations
and to enable the authorities to trace
frauds. A feature of the bill is that re
quiring the clerks, as soon as the last vote
is cast, and before they begin count of the
ballots, to cancel all unused ballots and
seal them up to be sent to the* County
Clerk. A further provision affects the
stamp. The stamp is to be made of a solid
piece of wood with a cross cut in each end.
The bill was read for the third time and
was finally passed by the Senate.
Senator Mahoney's bill providing for the
appointment of an examining engineer to
license engineers of portable and station
ary engines and boilers and to establish
the duties and compensation of the exam
ining engineer was attacked by Senator
Martin. Senator Biggy declared that the
bill was most dangerous. He called upon
Senator Mahoney to explain the bill.
Senator Mahoney made a short statement
and asked that the bill be passed by for the
evening. Senator Whitehurst declared
that the purposes of the bill were per
nicious. Every engineer connected with a
steam threshing machine would have to be
examined. The bill would entail a great
expense and would make situations for a
host of place-hunters. The Senate refused
to allow the bill to go over until to-morrow
and promptly defeated it. Assemblyman
Powers' bill, which changes the Board of
Election Commissioners by giving to the
Mayor the authority to appoint the four
Commissioners, passed the Senate.
Senator Ford had Assembly bill 702, in
troduced by the Assembly Committee on
Corporations, placed on the special ur
gency file to-night. This aroused the ire
of Senator Biggy, who asked why the Sen
ator from Sierra should take such an inter
est in San Francisco affairs. Senator Biggy
succeeded iii having the bill, which has
passed the Afc.spmriy, referred to the Sari'
Francisco delegation, though retaining its
place on the file.
The bill, it is claimed, will, if passed, re
peal the McCopnin act. It applies to cities
of more than 100,000 inhabitants. A pro
vision of the bill provides that not more
than five cents shall be charged as a fare
for a distance of less than three miles.
This would enable the street roads to
charge more than five cents for a greater
distance than three miles. A second pro
vision relates to the speed of street rail
way lines, which in the bill is increased
from eight to twelve miles an hour.
Brusie of the Ways and Means Commit
tee introduced the general tax levy bill.
For the forty-seventh fiscal year it pro
vides the following items: For general
fund,?—; for school fund, $2,195,459; for
interest and sinking fund, $111,135. Simi
lar amendments are allowed for the forty
eighth year.
Best is always cheapest. Dr. Price's,
as the purest and strongest of the baking
powders, is more economical than the
ordinary kind.
COXGRA I I I.ATIXG BASSFORD.
• The Assemblyman Receives Many Pleas
ant Letters From. His Admirers.
Sacramento, March 11.— J. M. Bassford,
the Assemblyman from the Nineteenth
District, has received numerous let
ters of congratulation from sportsmen in
moderate circumstances in all parts of the
State because of the able and effective fight
he made in behalf of the new fish and
game law which recently passed the lower
house of the Legislature. The measure, •
the passage of which was secured mainly
by his efforts, is very popular
with the people generally, though
millionaire sportsmen condemn it
because under * its provisions
the wealthy gun clubs can no longer con
trol the shooting on large tracts of tide
water marsh land.
Mr. Bassford comes from Vacaville, So
lano County. He is one of the hard
est workers in the lower House, and
was early in the session recognized
as one of its leading members.
He studies carefully each measure
as it comes up, weighs carefully the pros
and cons and forms his own opinions
upon each question. Bassford is not one
of the shirkers, and he prides himself upon
a record which shows that never yet lias
he missed a rollcall or moved for an ad
journment.
REV. MR. BUKEY IX PORTLAND.
Left Los Angeles on Account of Domestic
Troubles.
Portland, Or., March 11.— A recent dis
patch from Los Angeles stated that Rev.
R. B. Bukey of that city had disappeared
from Garvanza, Cal., mysteriously and
was believed to have been murdered.
Rev. Mr. Bukey is in Portland, and has
been holding evangelistic meetings in this
city in connection with Rev. Mr. Newton
since last December. He states that he
left Los Angeles on account of domestic
trouble. v ; .
Refused, to Dismiss the Case.
Fresno, Cal., March 11.— A motion made
by the District Attorney to dismiss the
case of W. G. Lane, who is charged with
the murder of William Canfield at Sanger
four years ago, was denied by Judge Stan
ton L. Carter to-day. A year ago Lane
was convicted of murder in the first degree
but the Supreme Court ordered a new trial.
Convention at Salt Lake.
Salt Lake, March 11.— constitu
tional convention spent most of the after
noon in discussing mileage and the report
of the committee on rules. The time for
the daily meetings of the sessions was
fixed at 2 p.m.
WANTS A RECEIVER.
The Oregon Short Line
Once More in Court
at Portland.
MILLIONS IN MORTGAGES.
American Loan and Trust
Company Protecting Its
Interests.
COUNSEL STORY'S STATEMENT.
He Says the Present Receivers Have
Enough Money to Pay De
faulted Interest.
Portland, Or., March 11.— The hearing
was begun in the United States Circuit
Court to-day before Judge Gilbert on an
application for an independent receiver for
the Oregon Short Line and Utah Northern
Railway.
This hearing is on the application of the
American Loan and Trust Company for
the appointment of a receiver independent
of Union Pacific interests. The Union
Pacific receivers are at present also re
ceivers of the Oregon Short Line and Utah
Northern, having been appointed separate
receivers of that line in proceedings brought
by John F. Dillon, trustee of the first mort
gage on the old Oregon Short Line, which
is the line from Huntington to Granger
and the branch to Ketchum.
The American Loan and Trust Company
is trustee of the consolidated mortgage on
the Oregon Short Line and Utah Northern
system, which was executed about the
time of the consolidation of the several
roads into one system, and which covers
all the lines subject to the first-mortgage
liens, and on some of them subject to
second-mortgage liens.
It was on this consolidated mortgage
that the foreclosure proceedings were be
gun in Judge Gilbert's court by the Ameri
can Loan and Trust Company. This com
pany is also trustee of the collateral trust
bond securities of the consolidated system,
and also of the first mortgage on the Idaho
Central, a minor branch of the system.
The consolidated mortgage is for $10,895,
--000. The collateral trust mortgage is for
$14,000,000. The first mortgage on the
Idaho Central is for $145,000. The total
amount of the mortgages on different parts
of the Short Line system, which are prior
liens to the consolidated mortgage, is $27,
--940. Of this amount John F. Dillon is
trustee of the first mortgage on the old
Oregon Short line for $14,9:11,000, and ofthe
first mortgage on the Salt Lake and West
ern for $1,080,000, a total of $10,011,000.
Joseph Richardson is trustee of the first
mortgage on the Utah and Northern for
$4,955,000. James M. Ham is trustee of
the first mortgage on the Utah Southern
| for $1,528,000 and of the first mortgage on
] the Utah Southern extension for $1,950,000,
! or a total of $3,478,000.
Dillon, Richardson and Ham are trus
tees for mortgages on different parts of the
system aggregating ; $24 ,442,000. All of the
trustees oppose the granting of the appli
cation for an independent receiver and
favor the continuance of Union Pacific con
trol of the Short Line system. Their
mortgages are all first liens. These latter
aggregate. $25,040,000.
Morsfield & Story and Dolph, Mallory,
Simon and Strahan are the attorneys of
record for the American Loan and Trust
Company, and Senator Thurston, Winslow
S. Pierce and Snow & McCammant will
appear for the defendants and urge the
continuance of Union Pacific control.
Winslow S. Pierce, counsel for the first
mortgage bondholders on the Oregon Short
Line, moved a dismissal the case. Story,
counsel for the American Loan and Trust
Company, suggested that he be heard in
his statement of the complainants' case
before Pierces motion was argued. His
suggestion was adopted, and he began his
statement of the American Loan and Trust
Company's complaint for a separate re
ceiver. He explained the organization of
the different companies which were
merged into the Short Line system, and
of their consolidation into the Oregon
Short Line and Utah Northern Railway
Company.
After stating the default of interest on
the bonds he said there was no Question
that a receiver should be put in possession
of the property. The only question was
who was to be chosen, and this was the
point at issue in the suit. He then read
from the traffic agreement between the
Oregon Short Line and Utah Northern and
the Union Pacific, showing that the two
companies' roads were to be worked as one
line. He said at the time of this traffic
contract the laws of the United States pro
hibited the leasing of one railroad to an
other except by express legislative author
ity, and this traffic contract was intended
and did practically take the place of a lease.
He compared the two sides of the Union
Pacific system. On one side he placed the
corporate officers of the Union Pacific
Company, who had controlled eighty sub
sidiary companies for the benefit of and in
the interest of the Union Pacific Company.
On the other hand he said there are num
bers of people having their money invested
in the stock and securities of the sub
sidiary companies controlled by the Union
Pacific Company.
He referred to the Ames bill and said
Mr. Clark, Mr. Mink, Mr. Atkins and the
executors of the Ames estate secretly ar
ranged to place the Union Pacific Com
pany and its eighty subsidiary companies
in the hands of Mr. Clark, with Mr. Mink
and Mr. Anderson as receivers, and in
furtherance of this plan they brought the
Ames bill in the United States court at
Omaha.
Mr. Story gave way to Mr. Pierce to
argue his motion for dismissal or that the
case be remanded to the district of Wy
oming as the court of primary jurisdiction.
He said the first-mortgage bonds on the
Oregon Short Line outstanding amount to
$14,931,000; the first-mortgage bonds on the
Utah and Northern amount to $4,495,000;
the Utah Southern Railway Company has
outstanding $1,950,000. All of these mort
gages are prior to the consolidated mort
gage, The bonds secured by these prior
mortgages are in amount more than double
the consolidated mortgage. -'Z ■':
Mr. Pierce also said that if the jnnior
mortgagee (the American Loan and Trust
Company) would pay the interest on the.
prior mortgages and furnish adequate se
curity for future payments he stood ready
as representative of all the first-mortgage
holders to accept it and withdraw from the
case. Mr. Story interrupted to say 'that
the receivers had in their hands sufficient
funds to pay all the defaulted interest and
if they would turn this over to an inde
pendent receiver he would agree that the
receiver should pay the interest on the first
mortgages.
INVESTIGATION AT SEATTLE.
A Customs Statistician Is Being Looked
After.
Seattle, Wash., March 11. — Collector of
Customs Saunders is investigating charges
against his statistician, Deputy Stephen
House, preferred by Special Treasury
Agent Bean. When Bean came here on
his inspection tour he recognized House as
a man who had been indicted five years
ago in Idaho for horse-stealing. House
admits having been in trouble with the
Mormons about horses, but says that he
rounded up a bunch of horses and when
he found some of them did not belong to
him he turned them loose. His friends say
that Bean is actuated by personal feelings
growing out of their rivalry in Idaho poli
tics. They say the Mormons procured his
indictment on trumped up charges out of
revenge for his co-operation with Senator
Dubois, the United States attorney, and
with his brother-in-law, the United States
Marshal, in prosecutions for bigamy; also
because the Mormons wanted to get pos
session of valuable water rights House
owned. House is the only Republican re
maining in the Puget Sound customs ser
vice, and has served under the two preced
ing Republican administrations, his ser
vices being highly valued.
Hundreds have tried but none have
succeeded in efforts to equal Dr. Price's
Baking Powder. Without a rival for forty
years. •_
THEY WILL ALL FIGHT IT.
Liquor Men Interested, in
Two Measures Now
Pending.
One Bill Slipped Through With
out Their Being Aware
of It.
Sacramento, March 11.— While the liquor
men have been trying to pass a uniform
license bill, and failing in that have sought
to engraft on the county goverment and
other bills provisions which would recog
nize the traffic in intoxicants and give a
favorable status to the business, right un
der their very noses two bills have
been passed which if signed will
seriously cripple the liquor inter
ests. One of these bills through
a defect of construction has come back to
the Legislature, and the liquor men will
have an opportunity to test their strength
in an attempt to defeat it in the Senate
aud the Assembly.
The other bill is Senator Withington's
pure food bill, which applies to liquors as
well as to breadstuffs, and which the
author confidently believes will receive the
Governor's signature. Withington's bill
will if enforced absolutely prevent the
adulteration of liquors. But the bill which
will strike consternation in the liquor
lobby is Senate bill 369, introduced by
Senator Voorheis, and passed by both
houses. The California Protective Asso
ciation conducted a vigorous prenomina
tion and pre-election campaign.
It succeeded in having many of the
Senators and Assemblymen pledge them
selves not to enact legislation adverse to
liquor interests, and while G. W. Baker and
the members of the California Protective
Association have been most strenuous in
their efforts to secure favorable legislation
for the liquor interests -they allowed this
bill to quietly pass both houses, in blissful
ignorance of the fact that it is the strong
est local -option measure ever passed in any
State, and one which attorneys regard as
sure to stand the test of the courts. But
for the fatal defect in engrossment this bill
might have received the Governor's sanc
tion and now be in force as a law.
In 1891 the Legislature passed a bill for
the creation of sanitary districts, fo be
regulated by a sanitary board. The act
provides that when twenty-five citizen free
holders petition a Board of Supervisors for
an election to determine whether a sani
tary district shall be created, the board
must order such election. The bill intro
duced by Senator Voorheis to amend this
act passed the Senate by a vote of 22 to.l
and the Assembly by 48 affirmative votes,
with no negative ones.
The amendment to the law as passed
provides that the sanitary board make and
enforce regulations regarding disorderly
houses, and to declare the qualifications of
persons who may sell liquor at retail, no
one being empowered to sell liquor unless
he has the approval of the board. The por
tion of the amendment which has direct
bearing on the liquor traffic reads as fol
lows :
To make and enforce all necessary and
proper regulations for suppressing disorderly
and disreputable resorts and houses of ill fame
within the district, and to determine the quali
fication of persons authorized to sell liquors at
retail, and from and after the passage of this
act no license to keep a saloon or sell liquors at
retail shall take effector be operative within any
sanitary district unless the same be approved
by the sanitary board of the district; to impose
fines, penalties and forfeitures for any and all
violations of its regulations or orders, and to
fix the penalty thereof by fine or imprison
ment or both, but no fine shall exceed the sum
of $100, and no such imprisonment shall ex
ceed one month.
Under this amendment there is nothing
to forbid the organization of sanitary dis
tricts throughout San Francisco and other
large cities, as well as in the county, and
to absolutely forbid the traffic in liquor in
such districts. The fatal defect ln the bill
as printed is that in the title the word
"Collections" appears where the word
"elections" should appear and the date of
the act sought to be amended is omitted.
When the bill was read by the Governor
lately he noticed the fatal clerical errors
and notified Senator Voorheis, its author.
The bill has been recalled for | repairs, and
a lively fight is now anticipated.
Blood is Life.
And upon the purity and vitality of the
blood depends the health of the whole
system. The best blood purifier is
Hood's
Sarsaparilla
This is proved beyond any doubt by the
wonderful cures which have been accom-
plished by this medicine. Weak, tired, i
nervous men and women tell of new J
strength and vigor and steady nerves J
given by Hood's Sarsaparilla. Sufferers
from sleeplessness, scrofula, salt rheum
and the severest forms of blood diseases
have found relief in Hood's. This is be-
cause Hood's Sarsaparilla
Purifies the Blood
And Gives Good Health.
Hood's PJI1« are tasteless, mild, effec-
HUUU & flllS> tive> All druggists. 25c.
PUT IN .PLAIN ENGLISH.
An Authority on the Weather Con-
tributes- to the General Fund oi
Knowledge.
The most famous American authority on ths,
weather recently said: "The fatality (after the
grip) is most marked when the humidity is al
its maximum and there is a sudden fall of temp-
erature." That means in plain English thai
consequences of grip -are most deadly when
dampness is followed by sudden cold. How
often such a condition of weather has prevailed
this winter is shown by the official statistics or
grip. ;-; :' .•• v-,."". •■;"
Prudent people know how to strengthen
themselves after the grip. They will observe
the usual precaution necessary in our tickle
winter, and they will promptly correct any
bodily ailment, no matter how small it is. A
trilling chill, a cough and fugitive aches in the
back and shoulders linger long, sometimes,
after an attack of grip.
They will not be followed by permanent
weakness if the body is warmed and all its
latent energies are roused by that best of all
stimulants, Duffy's Pure Malt Whisky, Skin,
lungs, stomach and bowels are quick to feel
the good effects of this whisky. Those who
have been stricken by the grip remember how
this stimulant has turned them on the road to
health.
It is the crowning merit of Duffy's Pure Malt
Whisky that It puts the body In a state of de-
fense. Giddiness and headache in the morning
and tendency to take cold easily are overcome
by this remedy. Strength and buoyancy sup-
plant weakness and depression, so that the
dreaded grip leaves no trace behind.
The old saw "forewarned, forearmed" would
never have lived so long if it were not a gem
of wisdom. It applies with great force to the
speedy reeoverv of grip by means of Duffy's
Pure Malt Whisky.
.•\ ft tRS FAU e ojt
! DOCTOR SWE ANY,
737 Market Street, San Francisco, Cal.
Opposite Examiner Officii.
This learned specialist, well known by his
long residence and successful practice on tha
Pacific Coast, guarantees a prompt and perfect
cure of every case he undertakes.
FREE TREATMENT Si'S S^
office on Friday afternoons.
Villi MP ID CM if >' ou are troubled with
TUUIiU frl 111 l night emissions, exhausting
drains, pimples, bashfulness, aversion of soci-
ety, stupidneea, despondency, loss of energy,
ambition and self-consciousness, which de-
E rives you of your manhood and absolutely un-
fits you for study, business or marriage— if you
I are thus afflicted you know the cause. Get well
j and be a man.
I MIDDLE-AGED MEN sand c of a you tro*
bUd with weak, aching backs and kidneys; fre-
quent, painful urination and sediment in urine;
impotency or weakness of sexual organs, and
| other unmistakable signs of nervous debility
and premature decay. Many die of this diffi-
culty, ignorant of the cause, which is the sec-
ond stage of seminal weakness. The most ob-
stinate cases of this character treated with un-
failing success.
; 1 MATE diseases— Gleet, Gonorrhea, In-
rnlVHIC ((animations, Discharges, Stric-
tures, Weakness of Organs. syphilis. Hydro-
cele, varicocele and kindred troubles — quickly
cured without pain or detention from business.
p it» nnil which poisons the Breath, Btom-
OMlriunn ach and Lungs and paves the
; wav for Consumption, Throat, Liver. Heart,
! Kidney, Bladder and all constitutional and in-
ternal troubles; also Rupture, Files, Fistula
' treated far in advance of any other institution
( in the country. - '-• " - •'• V
BLOOD AND SKIN JftßSElKlffi
I Syphilitic Taints, Tumors, Tetter, Eczema and
other impurities of the blood thoroughly eradi-
i cated, leaving the system in a strong, pure and
i healthful state.
I ft HI CO If you are suffering from persistent
LhUILO Headaches, Painful Menstruation,
Leucorrhea or Whites, Intolerable Itching, Dis-
placement of the Womb, or any other distress-
ing ailments peculiar to your sex, you should
consult Dr. Sweany without delay. He cures
when others fail.
iiinlTC your troubles if living away from
WllilC the city. Thousands cured at home
by correspondence and by medicine son. secure
from observation. Book on SPECIAL DISEASES
sent free to those describing their troubles.
111 I I C the city. Thousands cured at home
,- correspondence and by medicine sent secure
nm observation. Book on SPECIAL DISBASBS
nt free to those describing their troubles.
Office Hours— 9 to 12 a. m., 2to 8 and 7 to 8
r. m. ; Sundays, 10 to 12 a. m. only.
Address F. L. SWEANY, M.D.,
737 Market st.. San Francisco, Cal.
Rheumatism 9 „-.
Lumbago, Sciatica.
Kidney Complaints,
Lame Back, &c.
I Kidney Complaints.
Lame Back. &Cc
M. SABDEin ELECTRIC BELT
With Electro-Masnet's SUSPENSORY,
Latest Patent*! Rett Improvement* I
■yflllriire without medicine all Wnlne»» resulting from
over-taxation of brain nerve forces i excesses or Indis-
cretion, aa nerrons debility, eiocpfe^snrcs, languor,
rhi-nmatism, kidney, liver and bladder complaint*,
lame bark, lumbago, sciatica, nil female complaint*,
rwral ill health, etc. flits -lectrie Belt contains
Wonderful In -,i it: ■•!* over All others. Current IS
ln?t«utly felt by wearer or wo forfeit {5,030.00. and
witl cure all of the above diseases or no pay. Thou-
sands have been cured by ibis marvel us invention
after another remedies failed, and vre (,-ivo hundreds
of testimonials in this and every i>;hex nut*.
Oar Powerful laiproted ELECTRIC SI'STKiaWET. th«
Keutest boon ever offered weak men, FKKK villi all
lt». Health and Tlmr.,at Btnmfta GI'aKASTEKU Ia CO ta
80daj% Sand for Illus'd Pamphlet, moiled, scaled, tree,
c SANDEN ELECTRIC CO..
Council Building, Portland, Or.
JBANOEN ELECTRIC CO..
Council r.iiildinn, POli land . Or.
CALIFORNIA
Title Insnrance anil Trust Company,
MILLS BUILDING.
Money to Loan on Real Estate at
Lowest Market Kates.
Real Estate Titles Examined and Guaranteed
THIS COMPANY-WILL HEREAFTER MAKE
and continue Abstracts of Titles tor the use of
attorneys at short notice, and at the usual rates
charged by searchers.
We arejirepared to verify ail Abstracts made by
any other seacher of records.
Its facilities for searching and the reputation and
responsibility of the company an so well known
that the abstracts furnished can be depended upon
as being most complete and reliable.
L. It. ELLERT, Manager.
SEMI-ANNUAL EXAMINATION
— or
TIES j°LO]Ea: E5 RS.
San Francisco, March 1, 189S-
The regular semi-annual examination of appli-
cants for teachers' certificates (High School, Gram-
mar and Primary grades and special certificates)
will commence at the Normal School building,
Powell St., near Clay, on SATURDAY. March 18,
at 9 a. m. Primary grades and s| to pass an exami-
mmenee al the Normal School i v
St., near Clay, on BATUBDAI . Mat
m. Applicants who wish to pass ani
nation for High School certificates or special cer-
tificates will send notice to this otlicc on or before
March 9.
In compliance with the State school law each
applicant must pay an examination tee of $'J in
advance. Applicants who intend taking the exam-
.nation must register prior to the commencement of
the same, as no lees will be received on that date.
Some additions have been made to tbe studies
j required foe grammar and primary certificates, and
i changes have been made In the schedule of credits.
Information on same may be obtained at the office
of the Board of Education.
ANDREW .1. MOULDER,
Superintendent of Common schools.
Oeoror Bkanstun, Secretary.
aS~~\, Dr. Gibbon's Dispensary,
flrnr-Ti j% "-•*-« KKAItNY NT. Established
ia*l a** _£K\ I" 1554 tor the treatment of Private
j ; RjAjKf Diseases, Lost Manhood. Debility or
I sHfl^BHn disease wearing on body and mind and
| «Me9Mbsbl Skin Disease*. The doctor cures when
' eStassSBB^BSM others fall. Try him. Charges low.
I tSwa&lt&fciCi I'm-eksiiaraiileed. Call or write.
Or. J. *'• tiIUBOS, Box 1957, San Fraucuwa.