The San Francisco call. [volume], November 08, 1895, Page 11, Image 11

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

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"SORRY THEY STARTED THE BOOMERANG."
Opinions Are Advanced by;
Eclectics and Homeo
paths, t
THE WAR AT ITS HEIGHT
The Hospital the Topic of Con
versation Among Medical
Men.
POLITICAL INFLUENCE USED. !
As Opinions Differ in Regard to the
Law the Courts May Be
Appealed To.
The bar which for many years has pre
vented eclectic and homeopathic physi
cians and students from entering the City
and County Hospital is slowly but surely
being dissolved in the whirlpool of public
sentiment.
In the early history of this State, when
eclectism and homeopathy were systems
of medicines almost unheard of on this
coast, and the allopaths predominated in
every section of the country, they brought
their influence to bear upon legislators and
public officials to obtain laws advantage
ous to their own interests and to the detri
ment of practitioners of other systems.
Concerning these laws which were
enacted by the Legislature and the opin
of allopaths in regard to the advan
tages embodied in what they term their
superior system of medicine Dr. F. Corn
wall of the California College of Medicine
_.yes vent to his sentiments on the ques
• >ns involved in the following para
graphs. He said:
•Dr. Fitzsimmons, in his interview two
O.ZO, said all physicians who were not
.:ns were either knaves or fools. He
ml that he would vouch for the re
.ng members of the board. It im
: esses one that when a man resorts to
>-.eh language he lacks something— either
a foundation for an argument or a founda
tion for intelligence,
•it is better, however, to recognize the
Of Dr. Fit.Tffibbon as that of the
.1 school of medicine. They are in the
majority and the very selfish, short
-1 ones take this way to retain the
A places which they hold by reason
mbers and wealth." It is all human
re for men to do this way. and so we
.ot let it agitate or concern" us greatly.
Pope says whatever is is right, and so
;ie that the eclectic and Homeopathic
> have their reasons for existence.
A monopoly always dislikes disturbance,
::e ailopaths'having a monopoly of
the County Hospital and some other
things here, are inclined to think any one
a fool or a knave who suggests the idea of
ting them of their usurpations.
"We speak here of tnose who are guilty
of the Fitzgibbon spirit. There are
;o many liberal and fair that it is wrong
to include all. As eclectics and horneo
v.e ask simply our rights before the
law. otherwise we are perfect ly capable of
taking care of ourselves.
The institutions of the eclectic and ]
Aieopathic schools average for their re- ;
«iren:ents for graduation above those of
. iopathic, and on the coast have as i
i standard as any. We are anxious
• our graduates should stand a State •
»-xam:nation the same as them, if the :
board before which they come are un
prejudiced. If the board is ail of the allo
pathic kind and their students be coached
for the examination and ours not, our stu
cents would stand no chance."
"To be, or not to be — a fool or a knave —
that is the question," said Dr. H. Kyl
berg; "and Dr. Fitzgibbon, 1 dare say, by
rue feels sorry he started the boom
erang. A man placed in a public office
and salaried by tne people should at the
least know a Tittle more about language
that behooves a gentleman. It is particu
larly k; appropriate for a member of the
medical profession to throw out such as
sertions over brother members of the pro
fession because they did not occupy the
same schoolroom before receiving their
diplomas.
"I would like to know why a California
DR. i SANK CORNWALL.
medical college diploma, eclectic, repre
senting, as it does, a four-year course of
medical studies, which is strictly adhered
to. and also the prerequisites of an exami
nation in Latin and physics for entering
the course— l would like to know why
Bach a diploma, which, by the waj", is and
liaa bften recognized at the University of
Berlin, giving' the lawful beaj-er the full
honors of m. D. while taking a post
craduate course at that world-renowned
university. 1 would iike to know if
Dr. Fitzgibbon or any one else could
tell why our American (eclectic)
dipioma *is not just as good and
better than a diploma from our neigh
boring allopathic college that pretends a
four-year course, but allows the candidate
a year off, providing he can furnish a cer
tificate that he has studied in a doctor's
ollice for a period of one year.
"Our allopathic brethren are certainly
not behind the times in scientific research
as regnrds pathology, psychology.bacteriol
ogy, etc. But when it comes to a practical
application of science in the active prac
tice of medicine the-}' keenly feel the com
petition, and. to say the least, it is unmanly
for one occupying an exalted position
"» ith:n their ranks to threw dirt as a
V< :on ;i<;:iiim his la vl'ui competitors.
"In every other city of the United
Vates," saiJ Dr. (iere yesterday, "eclectic
The sscop—^ cop —V c P h y sic ians are allowed
rath same privileges a those given to allo-
P "Ynn I n Kard tc V all institutions.
w | ,f never find an eclectic without
cine* , AN/ 1 a "°P « system of medi
iKip?«n >P m , l ( ever ' find an allopathic
cuiu-itt eclectlc *°*s.asintheir
Xrf»r\ \ y \ m *P™> as was stated by an
allopathic physician a few days ago, that
a nd th»°, nly °n e h 2? B y stem of medicine,
th-iJt? 1S all °? ath Now is it natural
hP LV? wou ■ remain an hectic when
cine LT ! 1 " 56 to other of ruedi
"n t ? a d chances .for thoroughly investi
gating the same if it was not preferable?
. Ihe appointment of the visitine nhvsi
cian i S provided for by law, wficn VtKnk
BtSf&n'f^h I " Ot b4liPVe that Se
ins/n k no eclectic or homeopathic phy
niH d Wh i° haVe , not bad the advantage of
old school Knowledge, and consequently
are more competent than are those vhvsl
formaUon.» aYe O " ly the ° ne Source °* 'in
"For three thousand years allopathic
doctors have maintained an all powerful
influence over the mind of man," said Dr.
DE. H. KYLBEKO, PROFESSOR OF OSTEOLOGY, CALIFORNIA MED
ICAL, COLLEGE.
0. N. Miller. ''For ttiree thousand years I
the world has looked to them for precept !
and example in matters pertaiuinsr to its
physical well-being. How have the doc- !
tors improved their opportunities?
"This day, the 7th of November, upon
which the sun has but just set, has seen a .
more total disregard for all tne Jaws of |
health than any other day since time
begun. Upon no other day has there been
so much tobacco smoked and chewed ;
upon no other day has there been so much
swilling of beer, wine, whisky, brandy, gin !
and rum. Upon no other day has "there j
been such a slavish obedience to the i
dictates of fashion. Never befare has there {
been such an alarming prevalence of |
drunkenness, dyspepsia, catarrh, scrofula, j
consumption, nervous diseases and in
sanity. Never before have there been so
many hospitals, public and private; so
many homes for the inebriate, and so
many asylums for the insane; and never
before have they been so crammed with
patients. Think of it. California, with
less than a million of inhabitants, has
three large asylums for the insane, filled
to overflowing.
"Three thousand years of allopathic doc
tors, and the majority of women are in
poor health; statistics show that half the
i entire race die before reaching maturity,
I and only one person in ten thousand lives
I to old age.
"That is rather a poor showing for 3000
years of allopathy.
"How was it before we bad any licensed
! doctors? "Who looked at Methusaleh's
| tongue? Who ever took the temperature
of Achiiles? Who ever applied the sphy
; rnograph to Samson's wrist?
"Are allopathic doctors essential to the
! world's happiness? Let us hear what
some of the medical authorities have to
say for themselves: Said the most accom
plished medical scholar which the
inedicai profession has ever produced,
John Mason Good, M.D., F.Jt.S: 'The
j language of the science of mcdi
i cine is a barbarous jargon.' Sir John
Forbes, M.D., F.R.S., of London, has tes
tified: 'Some patiems get well with the
j aid of medicine; more without it, and still
i more in spite of it.' Ur. Frank, an emi
| nent English author and practitioner, says :
'Thousands are annually slaughtered In
the quiet sick room.' Professor Jamison
I of Edinburgh says: 'Nine times out of ten
J our miscalled remedies are absolutely mi
i jurious to our patients.' The great Dr.
Baillie of London: 'I have no faith what
ever in medicine.' Dr. Evans, Fellow of
the Royal College, London : 'The medical
practice of our day is at best a most uncer
tain and unsatisfactory system; it has
THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 8, 1895.
neither philosophy nor common-sense to
command it to confidence.'
"The allopath's profession has done
nothing to render possible that grandest of
all mandates, 'Man, know thyself.' They
befog the study of physiology and anatomy
with an impenetrable maze of technicali
ties. Outside of those who have tried to
master 'the jargon of medicine,' not five
persons in Han Francisco can name even
the bones of the skull.
"Allopathists write their prescriptions
and label their remedies in unknown and
mysterious characters. Big business for
learned men and women of the nineteenth
century, that is big business. This arraign
ment could be indefinitely prolonged, but
doubtless enough has been stated to show
quite clearly that there may be both fools
and knaves who are neither eclestics nor
homeopathists— in short, that we nave a
right to retort 'you are another.' "
CANADA'S MILITAET AFPAIBS.
Some Strange Information About Se
cret Service Work,
The War Department is playinz the roll
so long followed by foreign Governments
regarding military matters and is endeav
oring to secure information regarding the
topographical, geographical and strategic
character of Canada, with v view to compil
ing it for reference in event of war with
Great Britain. The utmost care has been
observed to prevent Canadian officials
becoming aware of the proposed visits of
officers specially detailed for the purpose,
but so far two attempts to get officers over
the border have been frustrated by com
municative persons connected with the
officers' families. The first attempt was
made about three months ago, when an
officer was assigned and started for Can
ada. He had hardly got well on his way
before his name was published and the
department was compelled to recall him.
Later another attempt was made, and
this time some officious old officer
gave the secret away and the War
Department came near being caught
spying on the military works of a friendly
power. This time, however, it is believed
the attempt will be successful. An officer
is now on his way to Canada and will
travel incognito, and it is not believed his
identity will become known to the Cana
dians ; but if it should disagreeable embar
rassments may follow between Canada and
the United States. Canada, of course,
would be of the utmost importance to
Great Britain strategetically should she
again attempt to conquer this country,
writes the Washington correspondent of
the New York Sun.
Little is known here of the defenses or
the strategic importance of the different
cities or localities, or even of the topo
graphical features of the Dominion. It
will be the purpose of the newly detailed
officer to find out all these things and to
embrace his information in a detailed re
port to the War Department. It is a sub
ject of well-known comment that great fa
cilities have been given foreign army and
naval attaches to gather data in this coun
try relative not only to our advances in mil
itary and naval matters, but they also have
come into possession of theplans for many
of our harbor defenses. This has been due
to an unnecessary and uncalled-fcr willing
ness on the part of the officials to be ac
commodating and assist these agents of
foreign Governments to secure informa
tion which should never have been giyen
them.
Secretary Herbert soon found it out, and
at once put a stop to courtesies being ex
tended the naval attaches. For years they
were invited to every array teat of import
ance, and were permitted to take photo
graphs and drawings of the damaged
plates, and to benefit by every experiment
made by the Government. The results
have been that foreign powers have long
Bince put an end to armor tests, and have
relied in the main upon those of this coun
try for new points in the development of
heavy armor.
The plans of most of our great battle
ships have also been forwarded to foreign
powers through their agents in Washing
ton, and it is safe to assert that but little
has been done in the way of either military
or naval progress in iate years that other
nations have not become thoroughly well
advised of. The treatment accorded for
eign attaches here is directly in con
travention to that which our representa
tives receive abroad. Few of the United
States agents secure any realiy valuable
information on military progress, owing
to the espionage placed on it. Foreigners
have not only acquired knowledge of our
military and naval purposes, but hare also
secured charts of most of the bays and
rivers leading to our coastwise cities. The
great seaport towns could be navigated, it
is asserted, in time of war by foreign war
ships with the same facility as our own
vessels now enter them. The facts, as
above presented, have come to the atten
tion of the authorities, and the subject has
received their grave consideration. No
more naval attaches will witness our tests
at Indian Head, nor except upon very rare
occasions will army attaches be permitted
to visit Sandy Hook or other sites for the
fortifications of the great commercial sea
board cities.
A new and remarkable industry, that of
the artificial propagation of alligators for
supplying the trade, in Florida curiosities,
has come to light. The eggs, which are
about the size of those of the goose, are
placed in boxes of sand and covered up.
The Doxes are exposed on a roof to the
torria rays of a tropical sun, and in a few
days the young alligators are hatched.
An enormous flight of carrier pigeons
was got up in Paris lately. Sixty thou
sand birds were let loose in one morning
from the neighborhood of Eiffel lower,
5000 of them at one signal.
Ten steamers for the China trade, aggre
gating L'o,ooo tons, were turned out by one
Greenock firm in nine months recently.
This is a record for auick work.
AFTER BIENFELD'S SCALP.
A Very Lively Session Held by
the Harbor Commis
sioners.
CONLON AND COLE IN A TILT.
Chief Engineer Holmes in the Fight
and a Wordy Warfare
Followed.
A rather exciting meeting of the Harbor
Commissioners was held yesterday. W.
Healy of Healy & Tibbitta was there to
meet the attack upon the linn's work upon
the Clay-street shed made by H. L. Bien
feld , but the latter was not present to back
up his assertions.
President Colnon championed the absent
inspector, however, and for nearly half an
hour the war of words went on.
The first to lock horns were President
Colnon and Commissioner Cole. Then
Chief Engineer Holmes had his say and
Ilealy insisted upon being heard. Com
missioner Chadbourne was not present, so
it was doubtful for a time how the matter
would end. The president finally said
that if the board was willing he would ap
prove the contractor's bill.
"It must have the engineer's signature,"
said Cole.
"Not at all necessary," said Colnon.
"The Board of Examiners has informed
me that all they want is the signature of
the three Commissioners."
"This is different from other bills," said
Cole. "It is the payment of a contract and
the engineer must approve it."
"Well, let Mr. Holmes sign it," said the
president, "and we'll settle the matter right
now."
Holmes was not ready to sign, as he
wished to make a statement in writing, so
the matter went over.
The secretary was reading a communi
cation from Healy & Tibbitts, in which
they denounced Inspector Bienfeld and
went on to state that they could prove by
sub-contractor J. 8. Kimball that he had
misstated facts, when the president stopped
the proceedings and said the communica
tion was out of order.
'■The veracity of Bienfeld is not at
issue," said Mr. Colnon, "and I fail to see
the relevancy of this statement."
"If the board please," broke in Healy,
"there is a great deal of relevancy. We
have been attacked by this man before you
and in the newspapers, and I think we
ought to be allowed to defend ourselves.
If he has lied about one thing he will lie
about others."
"The matter is not relevant. There is
nothing bearing on this subject before the
board," Colnon replied.
"1 have examined these sheds and they
compare favorably with all other structures
of the same kind along the front," said
Cole.
"I call the Commissioner to order," ex
claimed Colnon. "We are not discussing
this shed just now. Furthermore I think
that on another occasion, Mr. Cole, you had
to censure these contractors for another
job they did for the State."
"Now, I call you to order, Mr. Presi
dent," hotly retorted Cole. "You talk
about relevancy, and yet you drag up a
matter that happened months afjo. Bien
fekl, in his report on Clay-street wharf,
brought up the same matter, and I'd like
to know why. "We didn't employ him to
report on work done all along the front."
"Well, let the matter drop." Colnon
added, boothingly. "But if our engineer
had been more careful over his specifica
tions I think these complaints would
never have been made."
Chief Engineer Holmes said: "Every
change that was made wa3 in the direction
of improvement. The specilications in
use by the last engineer were followed,
but since then there have been many im
provements in building material and I
adopted them. I think I am perfectly
right in accepting better work than the
specification calls for. One change was
where four wire spikes were used instead
of two wrought-iron spikes. The State
gained in every way by that change."
"Don't you think that is a practical ad
mission of an error?" Colnon asked.
"No, Ido not," replied Holmes. "The
old specifications were followed and a few
wrought nails crept in. That was rectified
nnd the board gained by it. Now, Mr.
President, it has been stated in this board
and in the papers that I approved the bill
of Healy & Tibbitts. Did I?"
"No, you did not. Here is the bill and
it is not approved."
"Mr. Colnon, do you believe all these
statements that Bienfeld has submitted to
the board ?"
"Well, I don't know. If some of his
assertions are true tpe chances are that
there is something in the others. One
thing is certain. He is the only inspector
we have ever employed who has made a
report to this board."
"That is because there was never any
thing to report," interrupted Holmes.
"Other inspectors have ninde reports,"
said Cole. "I have been informed of poor
piles that were being put in the ferry
foundations and the chief engineer had
them pulled out aud others put in."
"Those reports were never made to this
board, or if they were I never saw them,"
said Colnon.
"It'd unnecessary to report to the
board, 1 ' explained Cole. "A report to any
Commissioner is sufficient. The Commis
sioner can then order the work done over
again."
"The president is the executive officer
of the board and everything must be done
through him. He is the only one who
can make changes and order work done
over*again. Of course at the next regular
meeting the board can overrule him," said
Colnon.
"Do you mean to say that outside of the
sessions of the board I have no authority?"
"It looks that way." The president then
read the law which plainly acts forth that
between meetings the president is execu
tive otlicer and~ everything on the front
must be done through him.
"Then what say have I got outside of a
meeting ?"
"Not any that I know of," and a general
laugh followed.
A moment's pause followed and Healy
again got the floor. He insisted upon hia
paper being read and Colnon wearily
granted the request.
The statement contained sworn affi
davits denying some of the accusations
made by Bienfeld, and ended by stating
that if the latter had secured a load of
wood from the contractor, the report would
never have been made. An investigation
was demanded. President Colnon again
insisted that the matter was not relevant,
and incidentally remarked that Commis
sioner Cole had stood by on Clay-street
wharf and allowed Healy to denounce
Bienfeld. He said this was not right, and
considered that an employe of the board
ought to be defended. Cole began to deny
the assertion, but suddenly recollected
that some such occurrence had taken place,
and said: "Well, it was only a wordy war
fare ami none of my business."
"I think it is all "our business,'' said the
president. "No intimidation should be
allowed, or else we would have to arm our
inspectors with revolvers and shotguns."
•'Revolvers and shotguns," broke in
Healy. "Mr. President, you should just
have seen that twelve-inch knife Bienleld
had in his breast pocket ready to carve me
into mincemeat if he got the opportunity."
At this there was a general laugh and
President Colnon asked Engineer Holmes
if he was ready to "O X" the bill. He was
not, 6o ii went over until next Tuesday,
and the chances are the right will be had
all over again.
Chief Wharlinger Root brought up the
question of allowing beans and potatoes to
be stored on Jackson and Clajr street
wharves. He said that the commission
merchants could not sell them, and while
the beans would pay for storing the pota
toes would not. President Colnou was of
the opinion that a similar method tothat
in vogue in the grain sheds should be
adopted. The latter were built for the
wheat industry, and some sheds snould be
set apart for tlie potato and bean farmers.
As it was very late in the season the mat
ter was allowed to rest with the under
standing that special accommodation
would be supplied next spring.
The loading and unloading of ves
sels in the China Basin without paying
tolls or wharfage came up, and the chief
engineer and chief wharfinger were In
structed to t«ke the necessary steps to
make schooners and coasters pay.
The board then adjourned.
AN OLD JEWISH PAPER.
Fortieth Anniversary of the Times and
Observer in Sau Francisco.
A special edition of the Jewish Times and
Observer is issued to-day, on the occasion
of its fortieth anniversary.
The journal was founded in 1555 by Rev.
Dr. Ecknian, and it was conducted by him
until lSUtf, when it came into the hanils of
its present publisher, "William Saalburg.
Its title was then the Gleaner, but it was
felt that a more distinctively Jewish name
would be an improvement. The literary
part of the paper has been looked after by
Ilabbi M. 8. Levy,Dastor of the Beth Israel
Temple on Geary street, who contributes
the editorial articles.
The Jewish Times and Observer is the
oldest Hebrew newspaper in America, with
the exception of one published in the East.
MORE TROPHIES WANTED.
Militiamen Propose to Establish
a New Rifle Asso
ciation.
The State Regiments May Try Again
for the Famous " Soldier
of Marathon."
Several of the officers of the National
Guard in this City have discussed the ad
visability of establishing a. California Rifle
Association and are about to take some
••THE SOLDIER OF MARATHON, 11 THAT CALIFORNIA WON IN
1876 IN NEW YORK AND WANTS TO WIN AGAIN.
action in the direction of such a move
ment. The plan as outlined thus far is to
arouse interest in a united effort for the de
velopment of ritle practice among the 4000
National Guardsmen in California. When
a sufficient amount of enthusiasm is mani
fested it is proposed to communicate with
the rifle practice inspectors in the various
regiments and arrange for a meeting of rep
resentative militiamen in this City. The
officers delegated to represent their re
spective regiments in the matter of ritie
shooting will suggest methods of organiza
tion and administration, and upon such
lines as rnav be most favored the new as
sociation will be established.
The matter is held to be of much inter
est and importance on account of the large
number of militiamen directly concerned,
and also because of the increasing promi
nence and necessity of rifle and revolver
shooting as a feature of National Guard
service in California.
One of the principal reasons which
brought about the movement at this time
was the recent interstate competitions held
at the Sea Girt range in New Jersey.
In these contests quite a number of the
Eastern and Southern States were repre
sented by National Guard teams. Georgia
carried off the famous bronze trophy, "The
Soldier of Marathon," and in the newspaper
stories about tlie matches conspicuous ref
erence was made to the fact that a team
from California won the same trophy at
Creedmoor, N. V., in 1876. The revival of
memories of the palmy days of California
rifle-shooting seems to have aronsed Na
tional Guardsmen to renewed entnusiasm
and it has been hinted that California will
very probably have a try at the Eastern
targets next year when Georgia goes back
wittx "The Soldier of Marathon."
A National Guard officer, sppakine; of
the matter, said : "California will never be
able to distinguish herself again in military
marksmanship until the men come to
gether and form an association to handle
the thing. As affairs go now, the militia
companies throughout the State are work
ing individually. There is no concerted
action, no unity of effort. The old Cali
fornia Rifle Association, which went out
of existence early in the '80's, did an in
calculable service to California in promot
ing interest in ri tie practice and bringing
the State to the front in National compe
titions. It is about time that our crack
shots came together and established an
other association. The best men in the
service favor the scheme, and many of
them, like Colonel Kellogg, Captains
Hugh Sime and Cunningham, Major Cook,
Lieutenants Barrere ana Heller and a host
of others, would gladly lend their efforts
to make the thing successful. The inter
est already aroused is encouraging, and I
shouldn't be surprised if the 'Soldier of
Marathon' took a trip out this way next
year." _
Dr. Levy's Lecture.
The fifth annual series of Friday evening
services inaugurated by Rev. M. 8. Levy will
begin this evening at the Geary-street Temple
at 8 o'clock. | An excellent musical pragramme
under the supervision of Professor J. H. Stew
art and Rev. J. Rabinowitz will be a feature.
Rabbi Levy -will lecture on "Historical Lon
don," to be followed by lectures on "London
Intellectually,", "London Charitably" and
"London Religiously." These lectures are the
result of the recent European visit made by
the reverend gentleman,
MANY SETTLERS WILL LOSE THEIR LANDS.
Secretary Hoke Smith Re
verses His Own De
cision.
THE MEANING OF A WORD
The Case of Moone vs. Maguire
Now Decided for the
Defendant.
RAILROAD LICENSEES LOSE.
Will Work Hardship on Many Who
Have Improved Their Land in
Good Faith.
There was published in The Caix yes
terday in a telegram from Washington the
announcement of a decision by the Secre
tary of the Interior that will work great
hardship to bona-nde settlers on many
thousands of acres of land in this State and
Oregon. Many of these men have long
supposed they had clear tltlps to right of
obtaining patents, and have gone on
expending money and making improve
ments for years. The decision was a
reversal of a previous decision made by
the Secretary of the Interior June 1 last in
the case of Moone vs. Maguire, involving
the right to lands in a forfeited grant to
the Southern Pacific Company in ban
Benito County.
The railroad forfeiture of September 29,
1890, gave to two classes of people the
right to purchase the lands covered by the
act. The first were persons in possession
of land up to 3-0 acres under a deed, or
written contract or license, from the rail
road company. The other class was of
[ those persons who had settled or resided
upon lands with a bona-lide intention of
securing title by purchase from the rail
road company.
The question at issue in all these dis
i putes has been over the interpretation of
i the word license. In the case of Wiseman
, vs. Eastman the Secretary of the Interior
i decided that a claimant must have a
license from the railroad company issued
prior to January 1, 1888, the date called for
by the forfeiture act, and that the license
must consist of an application to the rail
road company for the privilege of buying
tlnj land and an acknowledgment of its
receipt from the railroad company in an
swer to its application.
In the case of Moone vs. Maguire Secre
tary Hoke Smith decided last June that if
that license were made at any time previ
ous to the passage of the forfeiture act,
September 29, 18' JO, it was good, and under
that decision many entries were paid for
in the Land Office and the parties have
been expecting patents ever since. •
Now the Secretary has reversed his own
decision, and he holds that no possession,
■ unless the party was an actual resident,
; without the license from the railroad com
i puny prior to 1888, can constitute a com
| pliance with the act.
The attorneys for Moone have always
contended that the act of the railroad com
pany in inviting settlers through their cir
culars issued in 1887 to go upon the lands
and cultivate them, and telling them that
j when the railroad company came to sell
I the lands they would be given the prefer
ence constituted a license, and that a
party who went on the land relying upon
those printed circulars, intending to buy
of the railroad company, were there by
license of the company.
The Supreme Courtof this State has ren
dered a decision on this point in the case
of the Southern Pacific Company V 3.
Terry, holding that Terry's going on the
land under the very circumstances stated
constituted a contract of sale, and that the
railroad had to give him title.
William A. Stuart, attorney for Moone,
said yestprday when shown the dispatch
from Washington: "I cannot see how the
Secretary can have come to this decision.
Under it now only those can hold, their
lands who sent in written applications
previous to 1888, and those who have actu
ally resided on the land all the time. A
large number of tracts have been entered
under this forfeiture act which now, unless
already patented, will under this decision
probably be held for cancellation, and the
money returned by the Government. The
decision involves many thousands of
acres, and in many cases will work great
hardships. Take the case of Moone, for
instance. It will probably ruiu him
financially. He paid $7000 for a possessory
right to 280 acres of land in San Benito
County.
"Those who will gain are the home
steaders who have gone in since the passage
of the forfeiture act, taking their chances.
They will throw out many men who have
held their land for years and spent money
on it by improving it, cultivating it and
building on it.
"The decision is not an equitable one,
although it may be a strictly legal con
struction of the law."
M. P. Hyde of counsel for Moone was
surprised at the report of the decision and
said that he believed that there must be
some mistake.
t . "I think." Jue said, "that it will turn out
that the decision simply reopens the case.
If it is so, however, it will work a hardship
to a great many who have expended money
in cultivating and improving their lands,
which would go to strangers who have
come in without interest and jumped
them."
MANUFACTURERS' ASSOCIATION
Streetcar Combine and Home Industry.
Central American Trade.
The Manufacturers' and Producers' As«
sociation recently wrote a letter tc E. P.
Vining, general manager of the Market
street llailway system, requesting that in
the purchase of car-cables the preference
be given to those of California make. Yes
terday Mr. Vining sent an answer that in
the future, as in the past, he would see
that a large proportion, and probably all,
the materials used on the system under
his management should be of home pro
duction. .
The transportation and water committee
of the Manufacturers' Association yester
day called upon Mr. Center of the Pacific
Mail Company with reference to the letter'
that appeared in a local Spanish paper, iiv
which )t was charged that tho steamship
company was doing an injury to the trade
between San Francisco and Centrali
America by demanding that all freight,
bills be prepaid before the goods were ao
cepted.
Mr. Center explained that at the place*,
mentioned in the letter the customs au-*
thorities took charge of all goods shipped?
into those countries and the steamship
company lost control over the goods. UjiJ
less the freight bills were carefully col-*
lected the company would often be out tho]
amount of the freight bills. This hap-}
pened so often that the rule complained ofj
was established. Ag3in, the difference in,
the value of the silver money of the Cen^
tral American countries made the prepay
ment of bills Decessary to avoid loss ever*"
when bills were paid.
The committee, in a conversation with ;»_
prominent manufacturer, confirmed thoj
statement of the Pacific Mail official. The*
gentleman said that he had shipped goodsj
upon which he had prepaid the freights
bills and lost the amount of the freight^
bills and the goods in the bargain. Aas
soon as the goods got into the custom*!
house they were lost so far as he was con- {
cerned, for he had no hold upon the pur*'
chaser or the goods.
The committee believed that theasso-i
ciation had been imposed upon by the><
writer of the letter in calling for an in.i
vestigation of the Central American!
freight bills rule.
DAVIS WAS ABSENT.
lie Failed to Appear When the Forgery
Gases Agaiust Him Were
Called.
J. C. Davis, who was to have appeared^
•for trial before Judge Bahrs yesterday- 1
morning on a charge of forgery, failed toy
respond when his name was called. An'
investigation revealed the fact that he has>
left for parts unknown.
Davis was arraigned on charges arising
out of the making and passing of severaL,
bogus checks. He was under bonds of
$1000, and these Judge Bahrs ordered for
feited, and issued a bench warrant for tho
' fugitive. The sureties are H. I. solomou
of 20 Valparaiso street. S. Rovegno of 715
Lombard street, and James B. Johnson of
823 Capp street. It is said that these*
bondsmen were fully indemnified by
Davis' father before they went on the*
bond.
_ NEW TO-DAY.
LOOK"MAZE"WARD
For Extraorflinary Values!
Dress Goods.
These Values Will Crowd tha.
Counters to Suffocation. Come In '
the Forenoon.
New Tartan All-Wool Plaids, 50c.
Black Dotted Crepon, elegant, 75c.
Black Figured Mohairs, sublime, 50c.
English Coverts, arrived yesterday, 50c. .
Fancy Silks, our 75c line, now 50c.
New Boucle CloaKings, just in.
Downstairs.
German Printed Flannels, 20c and 25c...
American Flannelettes, best, 10c andr'j
12^c.
Figured Corduroy Flannelettes, 12^c. ■
Special Sale of Linen Towels, 25c.
Italian Shellback Combs, 25c to $1.
Two Things you want to use —
La Cigale Face Powder, the best, 35c.'
"Anita," purest and finest Face
Cream, 50c.
Boucle Jackets, $7.50 and $12.50.
Elegant Tan Cloth Jackets, $10.50
Ask to see them. We'll state our rep-
utation for Bargains that no one can or
will sell them for same money.
Last Week of our Shoe Dep't.
SATURDAY, November 16, will wind
us up on Shoes. If you want to buy
bargains in Shoes come before that
date.
Wrapper Sale, $1.00, $1.50, $2.50.
Everybody needs them. Styles are
pretty, materials stylish and piices
disproportionate to value.
Children's Plaid Dresses, $1.75.
Ladies' Plaid Waists, $2.25.
You never in all your days saw such a : _
pretty Child's Dress for $1' 75, ages 4 to .
14 years. . The Lady's Waist is a
beauty.
Sewing Machines, $5.50.
We have on exhibition and in opera- '
tion in our store "The Maze" Sewing
Machine; it's automatic; will sew all
sorts of plain materials. You'll be sur-
prised at its work. Is the handiest
thing yet made for ladies who want in«
& £&AenaiYe andl recreate suuuacaiwt, .
11