The San Francisco call. [volume], May 02, 1895, Page 5, Image 5

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

Image provided by: University of California, Riverside; Riverside, CA

                
GUESTS FROM THE SOUTH
Received With Words of Wel
come by the Chamber of
Commerce
AT TEE MERCHANTS' CLTJB.
A Ride Through the Park to Sutro
Heights— Entertained by the
Mayor.
Shortly after 11 o'clock yesterday morn
ing the guests from Southern California of
the Half-million Club riled into the rooms
of the Chamber of Commerce, where they
met a large number of the representative
merchants of this City and became ac
quainted.
era! W. H. Dimond, president of the
chaml thosp present to order, and
]n a brief address welcomed the "represen
tatives of the southern and central parts
of the State, whose arrival in San Fran
cisco marks a new era in California's prog
: ss." in closing he urged all to put their
shoulders to the wheel, "working one for
all, all for one, and then, truly, California
will become what Thomas Starr King de
scribed it, 'the Benjamin of the States, in
whose sack of wheat is found the cup of
gold. 1 "
Vice-President Parson? of the San Fran-
Cisco Board of Trade addressed the meet
ing, welcomed bacK the members of the
"Half-million Club, praised them for the
work they had done so far, and congratu
lated them on cementing the friendship of
those. south and north of the Tehachapi.
.''Commerce," he said, !'is already feeling
"the good effects of the work of the club,
ansi looks upon the work of the members
as the harbinger of coming prosperity. On
, behalf of the organization I represent I
thank the people of the south for their
"hospitality to the visiting members ot San
•.Francisco's Half-million Club."
/■..President .Patterson of the Los Angeles
■ Chamber of Commerce spoke in flattering
•terms of the cordial reception the visitors
liad met on the journey northward. He
'. said that while Los Angeles was the me
tropolis of Southwestern California, San
Francisco was bound to remain, by reason
of her situation and possibilities, the me
tropolis of the entire State. He spoke of
the work of the Los Angeles Chamber of
'Commerce, whose watchward is, "Har
mony and progress." to attract people to,
not only Los Angeles, but to all the
country surrounding it. He said that
'Southern California had thrown a cordon
around it to keep out silurianism, and that
it could not nourish there. He then said
that since 18S8 the Los Angeles chamber
had circulated an immense amount of re
liable literature concerning the State, and
5 answered many thousand letters asking
/or information. The secret of success, he
said, is to advertise the State — not once,
; but to keep advertising it.
' William M. Bunker made a few remarks
■upon tne effects of the Half-million Club's
Visits to various parts of the State, and de
clared that San Francisco must help the
interior in efforts to develop the State.
. ..The meeting was then addressed by
: President Keys of the Pasadena Board of
Trade, who declared that it was the boast
■of his town that it had done much to at
. tract people to California. He declared
: : that in his part of the country there was no
talk of division of the State and that in
three years he had not heard so much on
:t)iis subject as he had since on his trip
• north and his stay in this City. He said
..he admired the pioneers of 184*9 for what
. thev-Jiad done, but thought when the pio
.jieer of ISO) became the Silurian of 1895 it
'.vas time in the course of commercial ad
vancement to relegate him to the back
g'r.ovrid.
.: (President Hugh Craig of the Half-mil
lion Club made a short address explaining
the origin, rise and work of the club.
Max May berg, who had charge of the
VLfiS -Angeles fiesta, gave an account of the
:;:cairn'iy'af and said that such should be given
every city in the State so that there
wpijld not be any further complaint that
California, which is the Italy of the United
States, has no attractions for strangers but
r!imate and scenery. He also advocated
thY taking of an interest in politics by the
.;best : peopTe of the State. He said: "We
do : .nothing in politics, but let the other
element 'attend to that and then we, in
stead of attending to our duty, sit by and
growl." '
'President Holcomb of the Produce Ex
change of this city and Captain Daniels
of Riverside made a few remarks, after
.■which--' President Dimond adjourned the
meeting reminding those present that the
visitors were called to an important engage
jnent in the rooms of the Merchants' Club.
• •.The. guests of the Half-million Club left
.the- .Chamber of Commerce and were
escorted to the tall building on the corner
.of California and Sansome streets, where
became the guests of the Merchants'
' Club- arid without much ceremony were
invited to enjoy the feast prepared for
■ "them. The guests and members of the
HalfrmpKon Club were so taken up with
discussing the good things set before them
that but little time was devoted to speech
: iiiakiDg. However, a few words of wel
come were spoken by the hosts and ex
-pressions of gratitude were given by the
. visitors to the Merchants' Club.
: : in-: the afternoon twenty of those
: who/, had dined, including President Hol
comb of the Produce Exchange, A. E.
.fjftstle, secretary of the Half-million Club,
AT Bouvier, master of ceremonies, H. P.
£onntag, Lcuis Sloss, William M.
Banker, Captain Nelson, Louis Sloss Jr.
find two ladies, wives of visiting members,
were driven in carriages through Golden
Gate to Sutro Heights.
When they left the Merchants' Club
rooms the rain was falling in gentle show
ers, but when Sutro Heights were reached
the . clouds had parted and the warm rays
of the sunlight made the party forget the
moisture of the morning.
' They were met at the baths by Mayor
Sutro." After the formality of introduction
the party was shown over the vast estab
lishment, and they marveled at what they
saw. One of the visitors growing enthusi
astic said: "Mr. Mayor, you have not
only shown us a most wonderful structure
and a most wonderful marine view, but
you have caused the sun to shine to en
hance the beauty of the scene."
The Mayor acknowledged the compli
ment by raising his hat.
Captain M. J. Daniels of Riverside, who
had remarked that he thought his section
of the country had a patent right on
oranges, but that in his travels from home
to the north he had met orange blossoms
everywhere, while walking along the gal
leries of the big bathhouse ran up against
several large-sized orange trees growing in
immense tubs. He looked at them and
uttered : "Oranges growing by the great
Pacific Ocean. Oh, Riverside, where is thy
patent right?"
The inspection over, the party returned
to their carriages and were driven over
beautiful Sutro Heights, after which they
were, invited into the Mayor's residence
and led to the dining-room,' where a splen
did collation awaited them.
The health of the Mayor, the host was
•proposed by Captain Nelson, who paid a
Handsome tribute to his public spirit and
energy.
- Mayor Sutro smiled and expressed Ms
pleasure at meeting the gentlemen from
the south, who had done so much to ad
vance the interests of the State. He ex
pressed his opposition to a division of the
■State, and declared that any one who
favored it is a traitor. In speaking of the
.State' he said that there is a treasure in it
that has been neglected, and that is the
water-sources in the high Nevada*, which
should be used to irrigate the lands so as
ito insure crops every year.
. W. M. Bunker was called upon to speak,
hut he declared that speech from the
south is silver, but silence is golden, and
• '.■ ''•-'■ •
that if he said what he could say, what he
might say and what he should say, it
would take too long, and he decided to
remain silent.
Mr. Patterson of Los Angeles said a few
complimentary words about the hospital
ity of the Mayor and others the visitors
had met, and' he was followed by Mr.
Beard of Nana, who suggested the foster
ing of the Nicaragua catial project as a
means by which the Half-million Club
cauldatt:'.in its object of securing half a
million population for San Francisco.
The party was then escorted to the bal
cony in front of the residence, and was
there photographed.
In tlit evening the visitors attended the
performance at the California Theater.
This morning at 7:40 the visitors and
members of the Half-million Club will
leave the Tiburon ferry landing for the
north shore of the bay and take a trip
over the San Francisco and Nortn Pacific
Kailroad through Marin, Sonoma and
Mendocino counties, Ukiah being the ob
jective point. The visitors are promised a
hearty welcome in the chief town of Men
docino County.
WILL SUE THE KAILEOAD.
The Market-Street People Are Again in
Trouble.
James Madigan, father of the little
three-year-old boy who was killed April 17
by a car of the Mission-street line, will
enter a suit for $25,000 damages against the
Market-street Railway Company to-day.
The child, in company with one or two
Other little children, was playing on the
sidewalk, when one of them ran across the
street. Young Madigan attempted to fol
low his companion^ was caught in the
middle of the track by the guardless car
an<l literally ground to pieces.
The complaint will allege that the rail
way company failed to comply with the
City ordinance requiring a guard to be
placea on all the cars, and further that the
motorman neglected to ring the bell when
within thirty feet of the crossing, as re
quired by law. The complaint will also
allege that the car was runn'ng faster than
the stipulated eijiht miles an hour— that it
was, in fact, speeding along at a rate of not
less than eighteen miles an hour.
This case is likely to attract more than
ordinary attention, as it is the one in
which Mayor Sutro demanded the indict
ment of Vining and Huntington.
CRUSHED BY THE WHEELS.
Experiments With a Dummy
Man in Front of an
Electric Car.
The Fender Did Not Fend— Mangled
In a Realistic
Way.
A series of experiments not unmixed
with excitement were made at the in
stance of the managers of the Mission
street electric line with a new fender a few
days ago. The place could not have been
better chosen. It was on the short stretch
of the line known as West Mission street,
between Thirteenth and Fourteenth.
The street is little used, and the cars
were run at as high a rate of speed as was
thought necessary for the complete suc
cess of the life-protecting experiment. The
new fender was attached to the car
selected for the test, and after a straw and
rag stuffed dummy had been tossed across
one of the rails everything was in readi
ness. The current was turned on, and
within a few feet from the starting point
the car was sent bowling along at an un
lawful rate of speed. Crowds lined each
sidewalk, and the trne-to-life character of
the scene was such as to produce a coun
terfeit horror, and cause the spectators to
hold their breath. If any there were who
expected to see the dummy thrown out of
harm's wav by the guard they were disap
pointed. The inanimate bundle of clothes
and straw was caught under the wheels
and mangled in a realistic manner.
The next part of the programme was
better carried out. The employes of the
road were on hand with their jacks and
crowbars; the car was pried off the body of
the dummy and afterward replaced on the
rails. But fortunately for the success of
the experiment the dummy was only a
dummy. When removed from the wheels
it's condition was the embodiment of a
young surgeon's nightmare. The decapi
tated head and mangled arms and legs
were replaced by the aid of pins and pieces
of twine, and the modern Juggernaut went j
back for a fresh start. So far the new
fender had proved itself a failure. When
the next start was made the dummy was
held in a standing position by one of the
men directly in front of the ourushing car.
Just as the car touched the dummy the
hand holding it was withdrawn. Down
it went almost across the fender. It was
rolled along the track for a few feet and
apain the wheels«eaught it and began their
work of mangling execution. Arms, legs,
and coattails were whirled through space
with lightning velocity and there was no
necessity to pry off the car in order to
remove all that was left of the imaginary
corpse. The dummy was a complete
wreck.
None of the succeeding experiments were
attended with any better success so far as
the effectiveness of the dummy was con
cerned or as to the problematic safety of a
man who should be so unfortunate as to
fall in front of an onrushing car provided
with one of the new fenders.
OUT BATES TO ALASKA.
Excursion Trips to the Land of the
Midnight Sun to Commence
in June.
Despite the reports to the contrary pas
senger rates on the old line of Sound
steamers have not been advanced to the
old rates, and the agents of the Pacific
Coast Steamship Company claim that they
will not be in the future.
When the Farallon was running opposi
tion to the regular line rates were reduced
to $15 first class and $7 50 in the steerage.
On the days the Farailon left here the
rates were cut to $5 and $2 50.
The excursion rates between here and
Alaska have also been reduced. The Queen
will make the first excursion this year,
leaving in June. From San Francisco to
Alaskan ports the fare will be $104, as
against $130 formerly, and from Sound
ports to Alaska the fare has been cut from
$100 to $:0.
Passengers will be enabled to make the
round trip to Alaska by three different
routes. They can go from here via Vic
toria and back by way of Portland, or vice
versa; or to Victoria, thence back to Ta- 1
coma and to San Francisco by rail, or the
round trip to Tacoma by rail.
The round trip to Alaska occupies a little
over three weeks, and a comparison with
the fares on the Atlantic side shows largely
in favor of the voyage in the Pacific. From
New York to England or other countries,
or between the various ports of Europe,
the rate of travel on the ocean averages
about $7 a day, while on this side it aver
ages less than $5 a day.
No Conspiracy Here.
Local Federal officials, including Collector
Wise, Deputy Surveyor Ruddell and Special
Treasury Agent Moore, say they believe that
the Denver (Colo.) district has made a rather
peculiar error in their attempt to prove a
money-making conspiracy in the manufacture
of certificates which may enable Chinese
laborers in this country to visit China find ie
turn as merchants. The difference between
landing certificates and registration certifi
cates seems to have been the stumbling-block
In Hie path of the Denver authorities. No
Bach conspiracy as is reported in the Washing
ton (D. C.) dispatches as being cause for legal
action in Boise City, Idaho, is known to tne
Federal authorities in this City. Even iv
Boise City no indictments were found.
THE SAN FRANCISCO CALL, THURSDAY, MAY 2, 1895.
THEIR POWER AT ISSUE
Can the Board of Supervisors
Remove and Appoint at
Pleasure?
TEST CASES NOW PENDING.
Four Positions In Police Courts
Made the Subjects of
Contest.
In the opening skirmish of the battle
which is to decide the scope of the power
of the Board of Supervisors to remove and
apooint clerks and prosecuting attorneys
to the Police courts as now constituted the
incumbents came out considerably the bet
ter yesterday.
Most interest centered in Judge Conlan's
court for which the board had appointed a
new clerk and a new Prosecuting Attorney,
A. L. Morgenstern, the son of the Super
visor of that name, having been appointed
to the former office to succeed Ambrose
Watson, and E. P. Mogan to the latter to
succeed E. H. Wakeman.
Ab soon as Judge Conlan had cleared
decks for the impending legal struggle by
disposing of the two minor cases on the
calendar, A. L. Morgenstern asked to have
the office of clerk turned over to him, stat
ing that he had been duly elected by the
Board of Supervisors and had qualified ac
cording to law by riling his bond with the
Auditor.
Judge Conlan replied: "I shall certainly
refuse to comply with your demand. I
question the power of the Board of Super
visors to remove Mr. Watson and appoint
you in his place. You may be duly quali
fied, and I see no reason at this time to
question your qualification to fill the office,
nor can 1 see a reason for the removal of
Mr. Watson. I will consult my attorneys
some time this afternoon, and may render
my final decision iv the matter to-mor
row."
Morgenstern then turned to Watson and
asked him it he refused to transfer to him
his office and all the public papers and
other appurtenances connected with it.
Watson promptly and emphatically re
plied: "1 certainly shall not do so, for
several reasons."
Court was then declared adjourned until
to-morrow morning.
After court had adjourned E. P. Mogan
appeared and presented his certificate of
appointment as Prosecuting Attorney of
Police Court 2, and the fact of its presenta
tion was, by order of Judge Conlan, placed
on record.
Judge Low recognized W. M. Madden as
Prosecuting Attorney to succeed J. H. Ro
berts as soon as he presented his certificate,
and instructed him to enter immediately on
the performance of his duties. Roberts
protested and refused to surrender. Judge
Luw then slated that the Board of Super
visors had executive power in the matter.
They had appointed Madden and he would
recognize him. He told Roberts, however,
that iie need not waive any of his right* in
the case, and on this understanding Mad
den was installed, Roberts courteously in
structing him in the details of his office.
Roberts will await developments before tak
ing any further action.
When the question came up in Judge
Campbell's court Charles 11. lorbes, who
was elected to succeed Prosecuting Attor
ney John C. Enos, presented his creden
tials. Enos claimed that the court had no
jurisdiction. He was in the position, had
been regularly appointed and proposed to
keep his office.
Forbes attempted to present points of
law to establish his right to the position,
but Enos objected on tne ground that the
curt had no jurisdiction and his objection
was sustained.
Judge Campbell denied the right of the
Supervisors to remove Mr. Enos. He
added that he was in consultation with his
attorneys in reference to the affair, and
would not make any decision until he had
received their advice. He promised a rul
ing on Saturday next.
However, the issues are decided by the
Police Judges, they will undoubtedly )>e
carried into the Superior Court, and likely
then to the Supreme Court. When the
Mayor was asked to sign the bonds of th«
new appointees, he demurred, as he did
not wish to sanction the action of the
Board of Supervisors. The matter was
therefore argued before him, and he
eventually signed the bonds of Mogan,
Madden and Forbes. He had asked the
new appointees to give him twenty-four
hours in which to consider the matter, and
all consented except Morgenstern, who in
duced the Board of Supervisors, on April
29, to pass a resolution approving his. bond
without the signature of the Mayor, and
in this shape it has been filed with the
Auditor. W hether it is valid is one of the
questions that will come up for decision
later.
Considerable light is thrown on what are
to be the legal points on which the matter
will be argued when taken into the Supe
rior Court in the written briefs filed with
Mayor Sutro in the matter of signing the
bonds.
That of Charles H. Forbes claims that
the Police Court of San Francisco as at
present organized derives its powers from
an act of the Legislature, approved Febru
ary 23, 1893, wherein it is provided, "there
shall be appointed for each of the depart
ments of this court, in the manner now
provided by law, an attorney," etc. This
act, it is claimed, is amendatory of the act
approved March 5. 1889, containing the
same provision, worded in the same man
ner. In order to show what is meant by
"in the manner now provided by law" ref
erence is made to the act of March 7, 1881,
which provided that the Hoard of Super
visors shall elect a prosecuting attorney
for the newly constituted Police Court at
the same salary per annum then being
paid to the existing tribunal of the same
character.
Reference is also made to the act of April
23, 1858. giving the Board of Supervisors
power to appoint an assistant prosecuting
district attorney, who shall hold office dur
ing the pleasure of the board. It is also
provided in this act that the assistant shall
be prosecuting attorney for the Police
Court.
On the other side it is contended that the
appointees as prosecuting attorneys and
clerics must hold for at least a year from
the date of their appointment, as the Civil
Code provides that a servant is presumed to
have been hired for such length of time as
the parties adopt for the estimation of
wages, and that a hiring at a yearly salary
is presumed to be an engagement for a
year. This is cited in connection with the
Consolidation act of March 7, 1881, which
provides that the Board of Supervisors
shall elect a prosecuting attorney for Police
Court 2 "at the same salary per annuinn
as is now paid to the prosecuting attorney
of the Police Judge's court."
DEATHS TOE APRIL.
A Great Number of Suicides, Murdera
and Accidents.
The mortuary report as prepared yester
day by Secretary Lawlor of the Board of
Health for the month of April gives the
total number of deaths as 469 and 77 less
than for the same month last year. Of the
number 53 were under one year of age and
8 were over 90.
There were 16 accidental deaths, 17 sui
cides and 6 homicides.
The distribution by wards was as follows :
First Ward 8, Second 14, Third 1, Fourth
3,5, Fifth 2, Sixth 11, Seventh 4, Eighth 18,
Ninth 5, Tenth 41, Eleventh 111, Twelfth 74.
An Emergency Call.
The ambulance had its first emergency call
yesterday afternoon. Thomas Sterrett, an em
ploye at the Union Iron Works, was feeding a
combination slot in a planing machine when
the lever was accidentally reversedjand struck
him on the forehead, knocking him down. It
got entangled in his clothing and he was
thrown twice up and down before being re
leased. Dr. Berry accompanied the ambulance
and found that ftterrett's injuries consisted in
a contused thigh and a lacerated wound on the
forehead, besides being badly shaken up. He
was taken to the Receiving Hospital.
THE LATE W. W. STOW.
Resolutions eulogizing the Deceased
Passed by the Park Commis
sioners.
The Park Commissioners at their last
meeting passed a resolution on the death
of President W. "W. Stow and ordered that
a copy be suitably engrossed and for
warded to the widow and family.
The engrossed copy was sent to the Com
missioners yesterday for their signatures,
and as soon as this is done it will be for
warded to the widow.
The resolution reads as follows:
Whereas, At this present meeting the Park
Commission becomes officially cognizant of the
death of its president, W. W. Stow, whose long
and valuable public services merit the highest
recognition; therefore be it
Resolved, That in recording the inscrutable
decree of divine providence the board feels
that to his able, just and unwearying adminis
tration of the affairs of the park during tne
years of his coromissionership are due in great
measure the many permanent improvements
executed during the past six years, and espe
cially the lake bearing his name will remain
the best monument to his memory.
His wisdom as a counselor, his amiability as
a gentleman and his worth as a citizen will
enshrine his name in the memories of all who
enjoyed the privilege of his sterling friendship.
He was averse to notoriety, but had an in
tense though modest appreciation of those who
placed a proper estimate on public services
honorably rendered.
Kind, gentle and courteous in his intercourse
with all, he was a true, high-minded man, a
genial, earnest lover ot' justice, whose sense of
duty was his guide and limit of his action.
This board tenders its sincere and respectful
sympathy to the relatives of its late president
in their frreparable loss, and orders tnat these
resolutions be spread upon the minutes oi this
board, and that a copy thereof suitably en
grossed be forwarded to the bereaved widow
and family.
JUDGE BAHRS ATTACKED.
His Motives Questioned by
the Practical Progress
Union.
Civic Federation Resolution on In
dictment of Supervisors
Indorsed.
The Union for Practical Progress adopted,
as a subject for consideration, the political
abuses in San Francisco's City government,
at the meeting of last Tuesday evening.
Mrs. Rose M. French reported that the
Law and Order League had failed in its
attempt to secure the punishment of Ed
ward Coleman, who was convicted in the
Police Court of conducting a side-entrance
saloon, and whose case had been appealed
to the Superior Court. Coleman's case had
been assigned to Judge George D. Bahrs'
court, and though the transfer of the case
to some other department had been earn
estly urged it had been retained by Judge
Bahrs and taken under advisement. On
Monday last Judge Bahrs, Mrs. French
said, had reversed the judgment of con
viction found in the lower court, and had
ordered the discharge of the defendant.
This decision practically settles about
forty other cases in which the law points
are the same. Coleman's case was a test
case. The following resolutions were pre
sented by Mrs. French and unanimously
adopted :
Whereas, The Union for Practical Progress
learns with great indignation that Judge
George D. Balm, who formerly acted as attor
ney for the Llquor-dciJers' Association, and, as
such, appeared before the Board of
Supervisors to protest against the passage
Of the side-door ordinance and dive
ordinance, has reversed the decision of the
lower court in the case of Edward Colem an
and ordered the discharge ot the defendant,
without giving any reason for so doing; and
whereas, we deem the course pursued by this
Judge in this matter to be still another dis
graceful judicial outrage upon this com
munity, aud sincerely regret that a law of im
perative mandate is not in force which would
enable us to demand his resignation effec
tively; therefore, be it unanimously
Resolved. That we hereby publicly condemn
the aforesaid Judge George D. Bahrs, who re
fused to permit this side-entrance case to be
tried by another Superior Judge, as had been
requested by the prosecution.
The contest now being waged by the
Civic Federation against the disregard of
the law providing for fenders by the street
car companies and the action of the Board
of Supervisors in passin* the Church-street
franchise was discussed. A resolution,
presented by John M. Reynolds and F- W.
Potter, was unanimously adopted indors
ing the action of the Civic Federation in
demanding the indictment by the Grand
Jury of all officials high in authority in
streetcar companies who do not comply
with the fender ordinance; and also each
one of the "solid eight" combination for
passing the Cnurch-street franchise with
out complying with the legal requirements
governing such matters.
Professor George D. Herron's course of
lectures and sermons, delivered before ho
left San Francisco for Los Angeles, were
commented upon in favorable terms by
nearly every one present, and a motion
that if Professor Herron could be induced
to return to this City Metropolitan Temple
be secured for him to speak in was carried.
Judge Bahrs was seen at his home last
evening and, when shown a copy of the
resolutions adopted by the Unioo for Prac
tical Progress condemning him for his de
cision in the Coleman case, he said:
I have not ordered Coloman discharged, but
did order that he be tried again, and my re
versal of the decision of the lower court was
based solely upon the fact that the judgment
provided that the defendant be imprisoned
forty days in the County Jail or pay a fine of
Sf-40. The legal construction of this language
is that the defendant must do one tiling or the
other, without the privilege of serving part of
the time and paying part of the fine. This
privilege is assured to every one convicted of a
crime by the laws «f the State, except where
the punishment is exclusively one or the
other, and therefore the judgment was void.
The Coleman case was In my department
when I went on the bench, and, though the
special counsel for the prosecution, Mr. Hill
yer, hinted that I might have some delicacy in
deciding the appeal, I did not consider my
mind prejudiced by my former professional re
lations with the liquor-dealers, and did not
transfer the case to another department.
Coleman's case comes up in my court Satur
day next to be set. Although the ordinance is,
in my opinion, clearly unconstitutional, I
purposely avoided deciding that point, so that
the counsel for the defendant could get a de
cision on the point from the Supreme Court, if
he cares to try habeas corpus proceedings. Ii
I should decide the' constitutionality of the
law that would settle the case for good, and
the prosecution would have no appeal.
TWO MEN INJURED.
The Market-street Railroad Sued for
Twenty Thousand Dollars.
On the 7th of April Paul Kelly, who
keeps a grocery on Fifth street, was riding
down Mission home with one Cornelius
Callahan in his cart. They got into the
track of the Mission electric line and
couldn't get out quick enough to suit the
motorman who was handling the trolley.
As they were turning out on Fifth street
the motorman sent the car ahead with a
rush and an accident resulted. Kelly got
a broken lee and Callahan a broken arm
and each a number of other bruises. The
cart was smashed.
The injured men hare retained Burnett
G. Haskell and yesterday lie hied suits
acainst the company in their behalf,
Kelly asks for $20,000 damages and Calla
han for $10,000. They aver that the acci
dent was the result of the willfulness and
maliciousness of the company and ask that
the damages may be trebled.
The climatic limit to the cultivation of
wheat is not so much the cold oi winter as
the heat of summer.
LOYAL LEGION POLITICS
Two Rival Hotel Men in the
Contest for Com
mander.
THE PALACE'S NEUTRAL ZONE.
Colonel Warfield and Major Hooper
Make Things Lively In
the Post.
All day yesterday Companions of the
Loyal Legion talked of the contest be
tween Colonel R. H. Warfield and Major
W. B. Hooper. The manager of the mass
ive inn on Bush street has stanch follow
ers, but they are not more numerous than
the warriors who rally around the standard
of the genial landlord of the Montgomery
street tavern.
In many respects the contest is unique.
Nothing like it has ever occurred in the
Pennsylvania, New York and Massachu
setts commanderies — the source from
which the California Commandery draws
some of its ethics and many of its members.
The lines of the battle are extending,
and the announcement of opposition to
Colonel William R. Smedberg for recorder
Colonel Warfield do not hesitate to aver
that the Smedberg influence caused Major
Hooper to enter the race.
Colonel Warfield expressed unbounded
confidence in his election. "To be com
mander of the Loyal Lesrion is an honor,"
said he, "but it is an honor that I have
never sought. I received the regular nom
ination in the regular way from the past
commanders, who constitutes the nominat
ing committee.
"The committee was composed of Gen
eral Dimond, General Backus, Colonel
Kinne, Colonel Hawes, Major Gould and
Colonel Goodman. These six past com
manders considered, so I have since heard,
the merits of three men, and I was chosen
unanimously. Colonel Smedberg was
there in his capacity as recorder and had
more to say than any one else. lam go
ing to be elected. This secession move
ment in the Loyal Legion will not win
when the army and navy officers get to
gether and learn that the regular order
was observed in my nomination.
"There is no hotel business in this for
me.
"I value the honor of the position too
highly to allow the question of patronage
to influence me. I am not that kind of a
man, and during my term of office the
meetings and banquets will not be held in
my hotel. They may go to the Occidental
for all I care, provided the things wanted
are served and the service is good. I am
not making I fight for this position. I
would not send out my son with a paper to
get signatures for my support.
•'lt is not vhe first time my name has been
mentioned for commander. In previous
meetings of nominating committees 1 have
been mentioned ; and I have already
served as junior vice-commander."
Colonel Wartieldis in the tight earnestly,
and he is the kind of a man to impart en
thusiasm to his followers. In his conver
sation yesterday, referring to his record
as a companion, he said that it was his
custom to come down from Healdsburg
to attend regularly the meetings when the
assessment was $10 a plate at the Maison
Dore. These assessments he always paid,
together with his hotel bills and railroad
fare to attend the events. His Grand Army
record was distinguished by equal devo
tion to that order. For twenty-five years
he had attended national encampments,
lie was a charter member of Post No. 1 of
New York, the second post organized in
the United States. At "Washington he
was unanimously elected senior vice-com
mander-in-chief when one of his comrades
from California was on a chair shouting,
"Pull him down; we don't want him."
In the Hooper camp the question is
asked: "What has Warrield's Grand
Army record to do with his candidacy for
commander of the Loyal Legion? Let
him show what he has done for the
legion to entitle him to aspire to the office
of commander."
In the Warfield camp it is asked "What
has Hooper done for either organization?
Why did he rot wait until the ladies
prayed with him before he joined any
Grand Army post?"
Major Hooper was seen at the Occi
dental. He was calm, but deeply earnest.
"You can say," he remarked, after an
impressive pause, "that Major W. B.
Hooper will withdraw from this contest
to-morrow if Colonel Wariield will with
draw. Then a candidate, for example, an
officer of the regular army, who is in no
way connected with the hotel business,
may be placed in the field.
"I am not the kind of a man that seeks
an office. My duties as manager of this
house and church deacon ke^p my time
constantly occupied. The honor of the
nomination was not sought by me. When
Colonel Shafter, senior vice-commander,
who should have been nominated, was de
feated, and Colonel Wartield chosen, my
friends in the army and navy started this
movement to indorse me.
"I am now in the fight to win, but if I
should be defeated I will gracefully salute
the victor, and be the first to congratulate
Colonel War fie Id. Still, I do not believe
that politics or political rewards should
ever enter the Loyal Lesion."
Colonel George H. Mendell, Corps of
Engineers, IT. S. A., is a companion of the
legion, and one of those who signed the
request for Major Hooper to become a
candidate. The colonel said he was not
taking an active part in the contest. He
was personally acquainted with Major
Hooper, and would vote for him, as he did
not know the other candidate.
The rumor of an opposing candidate for
recorder did not alarm Smedberg. He re
marked: "I know the men manipulating
the wires. Let them run an opposition
candidate and elect him. There is only
$600 a year salary in it, anyway, and half
of that goes for incidental expenses. The
duties of the office take more time than I
can well spare; so I have no objection to
the movement."
It being well known that annual meet
ings and social events of the order are
usually held at either the Occidental or
the California Hotel, Colonel Kinne was
asked why the meeting had been called at
the Palace Hotel. "Well, I appointed a
committee," said the commander, "to ar
range this matter, and I presume the com
mittee, to avoid embarrassment, selected
the Palace." The commander does not
doubt his ability to preserve peace at the
polls.
No matter how warm the contest may
wax, the Palace Hotel will be strictly neu
tral ground. The banquet, as well as the
annual meeting, will take place on the
neutral zone.
WILL EEORGANIZE,
The Traffic Association Determines to
Continue Its Work Without
Delay.
The executive committee of the Traffic
Association met yesterday and discussed
the new situation. For the present there
was nothing in view for the association to
take up. Besides, there was not a full rep
resentation of the committee, some of
whom were with the Half-million Club,
and four vacancies require to be rilled.
So after deliberation on the temporary
condition of affairs the committee decided
to adjourn until all the members can at
tend a meeting.
According to the programme accepted
yesterday vacancies on the committee will
he filled by representative men of the busi
ness community. When that is clone the
committee intends to review the ground
comprehensively, and if any case of com
plaint is found it will then become the ob
ject of the association's attentions. All
the preliminary work laid out will be a re
organization of the Traffic Association.
DEAD IN HER BED.
Mrs. Mary J. Seabnry's Death a Mys
terious Case of Carbolic Acid
Poisoning.
The death of Mrs. Mary J. Seabury in
her bed at 917 Larkin street, discovered
yesterday morning, is puzzling the Cor
oner's department. Her husband, S. F.
Seabury, a scenic artist, reported the mat
ter, and when a deputy went to the house
he could tind nothing which might indi
cate that she had committed suicide.
Mr. Seabury stated that for some time
his wife had been ailing and was ac
customed to take stimulants, particularly
laudanum. An autopsy held r>y Dr. Bar
rett last night revealed the cause of her
death to be carbolic acid.
Dr. J. Henry Barbet, who has attended
the woman on several occasions, said last
nifrht that she was generally of a pleasant
though not cheerful manner. He thought,
however, that she was despondent at times.
No inquest will be held unless positive
evidences of suicide are found.
Later a piece of paper was found upon
which Mrs. Seabury had written the fol
lowing reauest, which is accepted as proof
that her death was deliberately contem
plated by herself:
Be sure that I am dead before burying me, as
I do not want to be burled alive.
Forest Seabury is a well-known scenic
artist whose work has put him in great de
mand in the theatrical world. Among his
friends he was not supposed to be married.
It is believed that jealousy was the reason
for the unfortunate woman's self-destruc
tion.
Mrs. Seabury was a young woman and
a native of Massachusetts.
NOT READY TO TEST IT
Engineers Mendell and Ben-
yaurd Are Awaiting
Instructions.
Until They Come No Examination of
the Postofflce Site Can
Be Made.
Colonel George H. Mendell and Colonel
William H. Benyaurd, the United States
engineers selected by Secretary of War
Dan Lamont to make a thorough examina
tion of the Postoffice site, have just re
ceived formal notification from the War
j Department of their appointment. They
I are now awaiting instructions from Sec
retary of the Treasury Carlisle, and cannot
proceed with any examination until those
instructions arrive. Consequently they
are not, as stated, ready to report on the
site, and can be said to have done really
nothing at all as yet.
The impression that there is an ap
propriation ef $2,500,000 cash waiting in
the United States treasury for a favorable
report to be made on the availability of the
site as a secure foundation for a Govern
ment building is a mistake. A quarter of
a million dollars is the basis of the esti
mate of cost upon which the acting super
j vising architect will make his figures, but
there is no more than $235,000 actually set
apart for the building so far; that is the
$50,000, which was all the appropriation
that could be obtained by Congressmen
Maguire and Loud from the last Congress
j owing to a badly depleted National
treasury, and the $185,000 net surplus left
out of the $1,250,000 estimated as the
maximum purchase price for the ground
site.
It begins to look as if the commence
ment of work on the Federal building
might go over to next year. Engineers
Mendell and Benyaurd think that there is
a great deal of responsibility attached to
their task and that to satify the Treasury
Department it will be necessary to make
a more thorough examination than even
Special Agent Gibson made, and Mr. Gib
son in his report stated that he found
much vegetable matt-er in the soil, indica
tive of the unreliable nature of the site as
a foundation. They do not wish to have
the Chicago imposition repeated in San
Francisco. A $5,000,000 building was erected
in Chicago upon a very unsafe site. SiiDerli
cially the Seventh and Mission streets site
may* seem all right and Colonel Mendell
has himself thought so in the past, but tlie
two engineers say they will make a thor
ough investigation as army engineers and
when they report it will be to the Treasury
Department as a matter of course.
If they report the least objection in the
soil or even recommend the laying of a
composite foundation of concrete and
wooden ties — a solid network upon piles
driven into the soil— the matter will have
to wait until the next Congress meets,
which will be in December.
WILL TOUR IN EUROPE.
Dr. Jacob Voorsanger to Represent Cal
ifornia at the International Goo
graphical Conference.
Rabbi Jacob Voorsanger of the Congre
gation Emanu-El will leave for Europe on
the 29th inst. The learned doctor will
spend several months touring on the Con
tinent in search of recreation, returning in
time for the Hebrew high festivals in
September next.
Dr. Voorsanger will proceed to London
as a delegate from the Geographical Society
of California to the Royal Geographical
Society of England. The appointment of
the rabbi as a delegate was made by letter
received from Dr. d'Eyelyn, president of
the Geographical Society of California.
The Royal Geographical Society will hold
an International Geographical Conference
in London on July 25, at which the leading
societies of the world will be represented.
It is said that dew will not form on some
colors. While a yellow board will be cov
ered with dew. a red or black one beside it
will be perfectly dry.
/ YOU'LL MISS
/ THE MARK
/ Unless the cigar you
• / ; buy has that tag on ;
I supposing your mark
/ is the best . possible
I smoke at 10 cts.
/ A fine NATURAL
\ / i flavor; Havana — the
\J^^\ y ONLY one at the
ftSr price. All dealers
Jp have them.
SEE THAT TAG!
. 4x.<& o*- *.*£*.* rtANTSLL *<:**
i «*
NEW TO-DAY.
A MODERN JDEfSrTmS*^ a* 0 * 1 *
Market and Taylor Streets, San Francisco.
TO-DAY and TO-NIGHT
FROM 6 to 10 O'CLOCK
Our stores will be ot>en in order to give the
wageworker an opportunity to see the
statue of Ada Kenan, cast in $282,000 worth
of gold and silver. It is one of the sights
of a lifetime and no person should miss
the opportunity of seeing — in our down-
stairs salesroom, free of charge. A ticket
given to every person attending will entitle
them to participate in the drawing of 20
miniatures of the statue.
THE BARBE, BENEDICT &
GOLDMAN SALE OF CAPES,
SUITS, SKIRTS AND WAISTS,
AT 50c ON THE $1.00 OF COST,
THE BIGGEST THING TO-DAY IN
TOWN.
$25.00, $12.50, $6.00, $3,50, $2.50.
Barbe, Benedict & Goldman's Novelty
Capes, that were $50, $25, $12 50, $7 50
and $5, will be sold at just half price.
SUITS—
$5, $7.50, $9.50, $10, $12.50, $15, $18.
Barbe, Benedict & Goldman's Tailor-
made Suits, that sold at $9, $12 50, $15,
$20, $25, $35 and $40, are offered to you
at less than 50c on the $1.
£& Our Illustrated Catalogue mailed
free on application.
0017 BE DISCOURAGED !
Cultivate yonr
/o?zz4' beanty. You
<$fjjjiM* 2 will look 100
iill n^M tier when yon
P^^Mte^M remove that
air from your
I3.CC.
READ THESE TESTIMONIALS
SAN FRANCISCO, Jan. 29, 1895.
This is to certify that I have subjected,
the Antoinette Depilatory to a thorough,
chemical analysis and I find it to be
superior to all other preparations for
the removal of superfluous hair. It is
without the least irritating action upon
I the most delicate skin.
W. T. WENZELL,
' Analytical Chemist.
This is to certify that I know Professor W. T.
Wenzell and know him to be correct In every de«
talL M. H. LOGAX, Ph.G., M.D.
This Depilatory is WARRANTED notto
stimulate the growth of the hair. Price
81 50. TRIAL SAMPLES of three of my
complexion specialties for 50 cents.
Enough to last 2 or 3 weeks. Just
what yon require. _
HE. MARCHAND,
Hair and Complexion Specialist,
121 POST STREET, ROOMS 32-36,
Taber's Entrance. Telephone 349.
Any Man Who Suffers
Or Is Just beginning to suffer from the
: TRIAL ; weakening effects of emissions or
: BOTTLE : over-indulgence can be permanently
: FREK. : cured by taking VITAL RESTORA-
■ TIVE. Call or write for SAMPLE
BOTTLE. The worst cases cured. Address
DR. COOPER, 623 Kearny St., San Francisco.
[All Private Diseases Cured.]
• When ordering please mention "Call." •
AmiPro
TS THE VERY BEST ONE TO EXAMINE YOUB
J. eyes and tit them to Spectacles or Eyeglasses
with instruments of his own invention, whose
enperiority has not been equaled. My success ha»
been due to the merits ol my work. ..
Office Hours— to 4ml
5