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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, August 16, 1896, Image 9

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OPPOSED TO THE
NEW CHARTER
Pamphlet Issued by the
Municipal Reform
League.
DEFECTS ARE ALLEGED.
Ten Reasons Set Forth for
Taking an Attitude of
Hostility.
A LONG ARGUMENT OFFERED.
Criticism of Many Essential Details
of the New Plan for Muni
cipal Government.
A pamphlet is in circulation in the City,
which has the caption: "Why the pro
posed new charter should not be adopted,"
The reasons which are alleged for opposi
tion to the charter are enumerated on one
page, concisely, as follows:
First— lt is too long.
Second— lt is dangerously, if not fatally, de
fective.
Third— lt practically prohibits municipal
ownership of public utilities, and retards in
stead ot expediting business.
Fourth— lt is uncertain and contradictory in
its provisions.
Fifth— lt is unconstitutional in many and
important respects.
Sixin— lt is unwise in lta policy.
Seventh— lt places too much power in the
hands of one man.
Eghth— lt reverses the natural order of mu
nicipal administration in giving legislative
power to the Mayor, instead ot making the
authors ol laws responsible for the enforce
ment of them.
Ninth— lt violates the natural right of many
persons to earn a living in a profession for
which they are qualified ; and
Tenth— lf adopted, it will take longer find be
more difficult to amend it than, after rejecting
it, to prepare and adopt a wisely conceived
and just charter.
The pamphlet having made these aver
ments proceeds to discuss them seriatim.
Concerning the length of the proposed
charter the followlne is alleged:
"It is unnecessarily and danserously
long. It is longer than the Magma (Jharta
and Bill of Rights of Great Britain, the
Declaration of American Independence,
the constitutions of the Dnited States and
of California— it is twice as long as these all
combined. It contains nearly 80,000 words
and innumerable provisions, every one of
which will Lave to be passed upon by the
Supreme Court before we can be assured
oi their meaning."
As to whether the proposed charter is
"fatally defective" as alleged the author
of the pamphlet asserts, in substance, that
no office is made elective except the Super
visors, that it defeats the municipal own
ership of public and retards in
stead of expediting business and "meta
phorically places the great municipal cor
poration ot San Francisco in a strait
jacket." For particulars the pamphlet
alie.-es in this connection that to secure
public ligiit and water works, under the
proposed charter, the following conditions
are essential:
-The Jlayor must be 1= favor oi it.
::d— The entire Board of Public Works
must lavor it, and
Third— Nine of the Supervisors must also be
in favor of it beiore any such proposition can
be submitted to the people.
It is alleged that "it (the proposed char
ter) does not provide any means by which
the Mayor, who is to rule all departments
oi'the City Government, is to get his office,
nor for the election by the people ol any
officer except the Supervisors; but does
say (Article 14, section 26) that every office
not made elective by this charter shall
become vacant immediately on the taking
effect of this charter. If the charter is
adopted in November next and is approved
by the Legislature of California (accord
ing to the provision quoted) we will have
no head of government, no Auditor, no
Assessor, no Tax Collector, no Treasurer,
no Recorder, and the legality of the acts
of every one of these officials, if they seefc
to retain their office, will be called in
question by interested parties. Rich cor
porations will seek to evade their taxes
and refuse compliance to the City ordi
nances because of the equivocal and doubt
ful position of the Mayor and other offi
cers, and chaos would reign in every de
partment."
The charter is attacked because "it re
quires that all city work amounting to
more than ?500 shall be done by contract" ;
and also on the ground that it is ''uncer
tain and contradictory and contains ridic
ulous repetitions.' ' The allegations of the
pamphlet on this point are as follows :
"In granting powers there are two sys
tems. One is to give absolute power
miuus such express reservations as shall
be desired. Tbe other is to give specified
powers and retain by implication all oth
ers. The authors have bought to combine
the two. They first granted absolute pow
ers and then undertook to qualify the
grant by clauses making specific grant of
each power intended to De given, thereby
creating tfce confusion from which there is
no outlet save through the courts, for until
the courts have passed upon the matter
we have no way of knowing what powers
are eranted and what withheld. This is
an example of careless construction, of
which there are many in the proposed
charter. We shall briefly mention one
more. On page 66 it is provided that the
Public Administrator shall be appointed
by the Mayor, while on page 211 it is pro
vided that 'whenever the laws of the State
of California shall have been so altered
and amended as to permit the appoint
ment' of Public Administrator he shall be
appointed by the Mayor. Tbe first quoted
provision is unconstitutional. The courts
alone can tell what the other may be."
As to the charge that the proposed
charter is unconstitutional the following
specifications are made. It conflicts with
the laws of the State by its restriction on
the power of the Supervisors to fix the tax
levy; the civil service rules are unconsti
tutional; the Board of Education is un
constitutional. As a recapitulation one
page is under the caption, "Unwise in
Policy," and the following are given as
instances of unwisdom :
First—Because it fixes the salaries of nearly
every class of employes, so that a change can '
only be obtained by charter amendment.
Second— Because it favors contract work and j
prohibits day labor whenever the projected
improvement shall cost more than $500.
Third— Because it renders it extremely diffi
cult for the City to undertake the construction
of waier, cas and electric light works and
street railroads on iis own account.
Fourth— Because it provides (article 11, chap
ter 1, section 'Z) that the Supervisors shall be
elected from the City and County at large,,
whereby it may easily come about that one
ward may secure to itself an undue share of
representation, leaving to others none at all.
Fittu— Because it makes the Board of Public
Works a body appointed by the Mayor. A sys
tem which Oakland has done away with with
in the past two years in order to make the
Board of Public Works an elective body—be
cause the appointive system was very unsatis
lactory—and yet the advocates of the charter
loualy proclaim this feature as one of its ad
van tMgeb.
Srxth— And it inexpedient, be
cause it gives place to red tape, where sim
plicity would be much preferable.
The other principal allegations are:
That it makes the Mayor a municipal dic
tator; that it reverses the natural order of
municipal administration in giving legis- i
Jative powers to the Mayor instead of re- j
serving the administration as well as the
making of laws to the administrative I
branch: that the provisions respecting the
qualification for teaching violate the
natural and constitutional ripht of a lar<;e
class of citizens to earn a livine by the
exercise of a profession which they "have
elected and for which they are qualified.
The attack upon the provisions concern
ing the teachers is as follows:
"Article VII, chapter 111, section 4 of
this voluminous document provides that
no person jhall be a 'teacher in the pri
mary or grammar classes of this City and
County except' he has 'been educated In
the public school system of the State of
California.' A person who has been edu
cated by the best of private tutors, in the
best private schools of the State or in the
public or private schools of any other
State or nation, is barred from the right
to earn a living (in a calling the duties of
which he by education and training may be
able to perform in a pre-eminently supe
rior manner) because be was not educated
in the public schools of this State, and for
no other reason. A man may have been
born in the State, be educated in the
State, be public-spirited, be talented, a
skillful instructor and an honorable citi
zen, but, according to the new charter, he
shall not teach. Is this just? Does not
this cause alone brand with infamy this
charter, and every one knowing the ex
istence of this clause who shall vote for its
adoption? We maintain that this provi
sion is not only infamous, but that it is
contrary to the constitutional rights of
the citizen."
The pamphlet is signed by Rev. J. E.
Scott as president and P. J. Healy as sec
retary of the Municipal Reform League.
ORDERED NEW BOATS.
One of Them Is to Be Here by March
and Will Replace the
Monowal.
James Mills, managing director of the
Union Steamship Company, New Zealand,
which owns and operates fifty-five steam
ers which run between New Zealand, Aus
tralia and the Pacific islands, is here after
six months' absence in England. Mr.
Mills has Been ordering some more vessels
to strengthen his steamship line, already
the largest in New Zealand. One of tnese
is now substantially completed and the
others are under way. When the latter
are finished one of them will be put on
the water between here and Australia to
take the place of the Monowai, which,
with other steamers of the Union line, has
been running in connection with the
Spreckels steamers.
Mr. Mills is a gentleman of large experi
ence in the steamship business. "You
see, it is necessary," he said last night, "to
keep putting in new steamers, those of
later styles and greater adaptation to the
business, to take the place of those that
are getting old. These vessels which lam
having made in England will be very fine.
The engines will be very perfect, and I
may add that everything about the vessels
will be."
The steamer which will replace the
Monowai is the Moana, 360 feet lone by 44
feet, with 34 feet depth of hold, and of 4700
tons. She will average fifteen knots an
hour loaded. She will be a very elegant
vessel. The Moana is expected to be here
by March next. One of the other ships
ordered is the Walkare, of 3000 tons capa
city. While absent Mr. Mills also boYight
a cargo steamer of 3000 tous capacity for
the Fiji sugar trade.
MISSION BRANCH WON,
In a Spirited Athletic Contest
the Main Y. M. C. A.
Loses Laurels.
Hereafter an Athletic Competition Is
Likely to Be One of the An
nual Events.
Out at the grounds of the Mission
branch of the Y. M. C. A., on Mission
street, between Nineteenth and Twen
tieth, yesterday afternoon, a merry time
was had in competitive athletic sports.
The contestants on the one side were the
members of the Mission branch and on
the other side the main body of the asso
ciation.
It is estimated that the membership
of the main body is about one
thousand, while there are only 109 mem-
Ders of the Mission branch ; nevertheless,
the smaller organization managed to win
nine out of the eleven events. All the
winners will receive a silver triangle
medal, the emblem of the Y. M. C. A., the
donors of which are Dr. H. L. Diets and
J. G. Daub. Diets is the physical director
of the main body and Daub the branch
secretary.
The scores in the athletic events were
ten points for first place and five points
for second. The sum total of the points
scored by the boys of the branch were 120,
their opponents carrying off only 40.
The following is a record of the after
noon's sport:
100-yard dash— Branch entries, Smith and
Grant; main entries — Wilson, Wolfsohn,
Harder, Leilack and Guitard; winner, Smith;
Grant, second. Time, 11 4-5 sec.
220-yard dash— Branch entries, Smith; main
entries — Wilson, Harder. Wolfsohn, Guiturd
and Sanders; winner, Wilson; second, Smith.
Time, 27 4-5 ccc.
440-yard dash— Branch entries— Smith, Shaw
and Taylor: main entries— Klfarman, Ziska,
Harder, Leilack. Johnson and Wolfi-ohn ; win
ner, Taylor; second, Smith. Time, 61 2-5 sec.
880-yard run — Branch entries, Shaw; main
entries — Ziska, Klaarman, Peterson; winner,
Shaw. Time, 2:19 4-5.
Mile run— Main entries— Peterson, Johnson,
Spacher; branch entries, Shaw; winner, Shaw;
Johnson second. Time, 5:41.
Running high Jump— Main entries, Spacner;
branch entries— Grant, Smith; winner, Grant —
5 feet 2 in.
Pole vault— Main entries, Spacher; branch
entries. Grant; winner, Grant. Distance, 8
feet 9% inches.
Suot put— Main entries— Sanders, Mitchell;
branch entries— Lamont, Grant, Shaw; winner,
Mitchell; distance, 29 feet 10% inches.
Running high jump— Main entries, Leilack,
Wilson; branch entries, Lamont, Grant, Tay
lor, bmith ; winner, Grant, distance 18 ft. 7 in. ;
second, Lamont, distance 17 ft. 8% in.
Hammer tnrowing— Main entries, Spacher,
Sanders; brancu entries, Heuer, Lamont; win
ner, Heuer, distance 108 ft.; second, Lamont,
distance 95 ft. 8 in.
Mile walk— Main entry, Leilack: branch en
try, Heuer. The race went to Heuer by de
fault, he traversing the distance in 9 mm.
10 sec.
J. G. Daub acted as referee, Dr. H. L.
Diets as starter, D. E. Duncan as clerk of
the course, Dr. Diets as scorer, while the
timers were George Thompson, G. E. Ged
dys and E. Jones, and the judges Frank
Worrell, Joseph Brown, Fred Walsh and
Will P. Drumm.
This was the first meeting of the kind
ever held and cannot be classified as a reg
ular event, but the intention for the future
is to make it an annual event.
INSPECTORS WILL CONFER.
United States and Local Meat Expert! to
Come to an Understanding.
A conference of the United States and
local meat inspectors is to be held within
the next few days to devise ways and
means of acting more harmoniously and
efficiently together than has been the rule
in the past
Hitherto there has been no arrange
ment between the two forces regarding the
condemning of meat unsuitable for human
use and the result has been some dissatis
faction.
Meat tagged by the United States in
spectors as bad passes no inspection by
tbe local authorities and cannot be kept
track of ty them, and it is to remedy this
matter and see that all condemned meat
finds its way to the fertilizing works that
the conference is to be held.
Thomas Slater has a message for every man on
page 28. Don't fall to read iv
THE SAN FRANCISCO CALL, SUNDAY, AUGUST 16, 1896.
A HORSE THAT
MUTES THE POLICE,
Mounted Policeman McKen
na Its Particular
Enemy.
KEPT HIM IN HOT WATER
It Was Owned by Cornelius
Shine, Dairyman, on the
San Bruno Road.
HE HAD TO SEND IT AWAY.
A Few Days Ago It Broke From Its
Corral and Chased McKenna
for Over a Mile.
Cornelius Shine, a dairyman on the San
Bruno road, near the Golden City House,
owns a valuable horse that is a terror to
the neighborhood. The horse is tractable
enough when in harness, but as soon as it
is placed in the corral it gets restless and
The Equine Hater of the Police Cbasing One of His Mounted V.ctims.
breaks out. Then it roams around in
search of trouble.
It aniusod itself by trying to bite the
drivers of wagons passing along the mad
and showed its playfulness by kicking
the wagons with its hind heels. Some
times it varied the monotony by chasing a
pedestrian, who would seek refuge in some
place which the horse could not reach.
For some unaccountaDle reason the
horse took a special dislike to Mounted
Policeman McKenna. Whether in harness
or out of harness whenever it saw Mc-
Kenna it made for him with open mouth.
McKenna used to fiil his saddle-bags with
rocks and when the horse made a rush at
him he would throw the rocks at it to drive
it off. This made the horse more bitter in
its dislike to the mounted policeman and
finally McKenna rode up to Seine's dairy
and let loose his feelings.
"See here. Shine," he said, "I am get
ting tired of this sort of business. I don't
intend to let that horse of yours monkey
with me any longer. You have got to
get rid of it or I will do something des
perate. I will bring suit against you or
kill the horse in self-defense."
The horse was in the corral and while
McKenna was talking it jumped over the
fence and open-aiouthed made a rush at
McKenna. Shine tried to stop the an
imal but it paid no attention to him.
McKenna had forgotten to arm himself
with rocks. He grasped his revolver and
for an instant was undecided what to do.
The horse was within a few yards of him
and loosed so formidable that McKenna
dug tbe spurs into his horse and lied at
full gallop, hotly pursued by Shine's horse.
The chase was kept up for about a mile
and McKenna succeeded in making his
escape. Things had to come to a crisis
and last Friday McKenna went to Snine's
with blood in his eye. He demanded that
his enemy be instantly sent to some other
part of the country' or there would be
trouble. Shine pacified him by telling
him that tne horse would annoy him no
more, as he had sent him away forever.
McKenna rode round the ranch to
satisfy himself that his enemy was not in
sight. He was relieved to find that Shine
was not deceiving him.
A TUG'S FAST BOUND TRIP
The Fearless Towed a Vessel
to Port Costa and Returned
in Five Hours.
Captain Tulloch of the British Ship
Brenaa Is Dangerously 111 in
St. Luke's Hospital.
It was a very busy day on the water
front yesterday. The tugs were alien
gaged and schooners, barks and ships
were moved in all directions. Many of
them went to sea, some went to Port
Costa and others have been laid up in
Oakland Creek.
The tug Fearless made the record of the
season. Leaving Folsom-streot wharf she
went to Sausalito, picked up the British
ship St. Mungo and towed her to Port
Costa. After docking the vessel under the
elevator the big tue came back to San
Francisco, making the round trip in five
hours. Captain Hawley did not expect
the Fearless back uutii noon and was sur
prised to see her tied up at Folsom street
two hours earlier.
All the men in the "black-stack" line
are working double time.
The Fearless went out at 10 o'clock this
morning with a fishing party. The Cor
dell banks will be visited, and if the
fishermen are not seasick a good catch
should be made. The gentlemen form
ing the party are the guests of W. T. Gar
ratt.
The American ship Santa Clara was sold
yesterday to George W. Hume for $19,000.
She is an old vessel, but ia as sound to-day
as the day she was launched. Sue niaiiw
an unusually long passage from New
York and reinsurance was paid on her.
Captain Fuller, however, asserts that his
vessel is as stanch as anything afloat, and
that had it not been for the terrible
weather and baffling winds he could have
made a record. Should the bark Cory
puene arrive here in timo Captain Grant,
who is on her, will take command of the
Santa Clara.
Captaiu Tulloch of the British ship
Breuda is lying dangerously ill at St.
Luke's Hospital. He was not a well man
when the vessel got in from London and
eot gradually worse. He is now down
with typhoid malarial fever and his life is
despaired of.
The British ship Balclutlia arrived from
Swansea after a rather lengthy passage of
135 day 8. She was caught in a hurricane
on June 7 in latitude 55 55 south, longi
tude 62 51 west, and shifted her cargo.
The decks were swept and considerable
damage was done. When the storm sub
sided the cargo was trimmed and the ves
sel experiened no more troubles. On May
24 a can buoy painted red was passed. On
it the figure "3" was painted in white. It
is probably one of the can buoys along the
Atlantic coast that went adrift last winter.
The British tramp steamer Strathgarrv
has played in hard luck. She came here
under charter to Trubenbach & Co. for
£1 10. On her arrival Mr. Trubenbach had
died and the executors of the estate would
not recognize the charter. The vessel was
thrown on the market and yesterday she
was rechartered by G. W. McNear for
£1 6 to carry barley to Liverpool.
A coat and vest was picked up on Spear
street wharf yesterday and taken to the
Harbor Police Station. In the pocket was
a card bearing tbe name "Cyril C. Mowat,
16 West India road, Limehouse, London,"
and a letter signed Maudie Smith. No
owner for the garments can be found and
Captain Dunleavy fears it may be a case
of suicide.
Charged With Burglary.
James GUferage, who was arrested on Friday
by Policeman W. F. Brophy on suspicion of
being the "pal" of Daniel Bowman Whipplein
the burglary of Daniel McCoy's room, 147
Seveuth street, was booked on the charge
yesterday morning. They stola a diamond
cross and a number of other articles ol jewelry.
Sued for Her Rent.
William M. Fitzhugh has sued Mrs. Veronica
Baird for $600 alleged to be due for rent ot the
premises at 2519 Broadway. There has been a
disagreement between landlord and tenant as to
the desirability of the residence, and Mrs.
Balrd has refused to pay further rent, despite
Fitzhugh's repeated demands.
YACHT CLUBS ENTERTAIN
Sausalito the Scene of Two
Very Merry Gath
erings.
The Pacific and the San Francisco
Clubs Entertain Their Friends in
a Charming Manner.
The Pacific Yacht Club, at its charming
i home at Sausalito last evening, gave a
delightful "at home." The affair was the
tirst of a series to be given monthly dur
ing the winter, and the success of the
initial fete will cause the members of the
club and their most favored friends to be
on the tip-toe of expectancy for the
second.
The majority of the guests arrived by
the tug Vigilant, which left the Mission
street wharf at 7 o'clock. This party was
contributed to generously by pleasure
seekers from Belvedere, who were brought
over in the launches Cynthia, Wialaly
and Wang.
It was a delightful evening for an out
ing, a little breezy on the bay perhaps,
but no true yachtsman objects to a breeze,
and in the sylvan cove where nestles the
Pacific clubhouse the air was quiet and
balmy. The music was excellent, and to
its strains the merry couples danced until
nearly midnight. A collation was served.
Those present were:
Mrs. Sutton. B. G. Somer», J. P. Hutchens,
Mr. Green, Mrs. B. Guggenheim, Peter riloan,
Walter Crowell, Larry Hawks, Commodore
Bruce, J. H. Walsh J. Woebke, S. Beale, Miss
Eva Hunt, Miss Castle, Miss Beale, Miss Sohlki.
Mr. ana Mrs. N. Pressley, Mrs. S. H. Eguers,
George Marnes, Mr. and Mrs J. D. Maxwll,
Hugo Keil, Ed Keil, Dr. and Mrs. Westfull, Mr.
aud Mrs. F. Marone, William Hogg, A. Watson,
Albert Parsons, Mr. and Mrs. J. S. Mat
toon, Miss Mattie Fiireland, Alexander
Heineman, H. BostwicW, Miss Mabel
Buckley, Mrs. M. Boole, Hon. Henry G. and
Mrs. Dinkelspiel, Miss Helen Seller, Jessie
Neubaum, Mrs. Henderson, E. W. Levy, Cap
tain Randall, Mrs. William Hunt, Prank Burk
liard, Miss Su.-ie Stone, Mr. and Mrs. L. E.
Jones, Mr. and Mrs. J. D. Maxwell, Mr. Blanch
ard, William C. Leavltr, Mr. and Mrs. William
E*an, F. H. Tyler. R. B. W. Ellis, William
Blake, H. Rose. Horace Wilson, Eugene New
bauin, William Everett, Mr. Lund, James P.
Sweeney, Miss Rose Sweeney, A. H. Buhne,
Thomas Prendergast, Miss Kate Prender
frast, Reginald Rix, Miss Rix, George
E. Hunt. F. G. Will, Captain and
Commodore F. G. Will, Mr. and Mrs. Donald
Ross, Miss Annie Ross, A. H. Buhne, Mr. and
Mrs. Riddling. I. W. Hellonan Jr., Mr. Klling
house, Dave McLaughlin, Mr. and Mrs. A. G.
Riddling, Mr. and Mrs. W. D. Hendrickson,
Miss Ray Etllng, Ralph Davis, Miss Emma Con
niff, Captain Dan Has«kell, Mi>s A. Rldlinir, W.
O. Paul, Miss G. Smith, A. G. Maguire, Walter
Crowell. Larry Hawks, Frank Lincoln, E. T. B.
Mills, Miss Harton, Miss Bridges.
Hugo Keil's launch Cynthia brought the fol
lowing; l>ave McLaughlin, O. E. Eilinghouse,
Walter Crowell, Peter Sloane, L. H. Hawks,
Mrs. Mattoon, the Misses Walnwright.
The launch Wang, belonging to Joseph
O'Brien of Belvedere, brought James S. Hawk
ins, Joseph H. O'Brien, Frank Young, H. P.
Blanchard. A. C. Thornton, Thomas Jennings,
Mrs. Henderson.
The San Francisco Yacht Club also held
a party at Sausalito last evening. The tug
Sea Queen brought most of the guests
over. The clubrooms were beautifully
decorated, and in the subdued light of
chandeliers masked in colored paper the
merrymakers danced the night away.
Among those present were:
Fleet Captain N. W. Sullivan, Treasurer
Arthur Kanzee. William Kelly, George White,
tne Misses Olsen, Miss Momeith, Dr. and Mrs
T. L. Hill, Mr. find Mrs. C. B. Hill, John Gang,
Miss Klttie McCormick, Charles Naughton, Dr.
Cochrane, Mr. and Mrs. William Quitzow, Mr.
and Mr. E. 8. Tucker, Mr. and Mrs. Rutus
Sfhoemaker, Miss Scnoemaker, E. W. Wain
wright. P«rcy Crump, Charles P. Morse, Mr.
and Mrs. Hernan, Mrs. Stevens, E. R. Wcnie,
Miss Burch, Miss Flood, Miss Zahn, Miss Sher
wood.
I'ark Music To-Day.
Following is the programme of music pre
pared for the open-air concert in Golden Gate
Park to-day :
"In the Swim March" Leo Brnck
Overtur?, "Merry Wives Of Windsor Nicolal
selection. "Eriiani" VenU
"A Uervish Chorus," An Oriental scene Sebeic
"Scenes Plttorenque" Massenet
Barytone solo, '-The Bohemian Girl." with
variations Balfe
W. H. Colverd.
Grand mpdleyof Scotch melodies Bonnlsaean
•' Divers Is wraent Espagnol" Decorates
•Xl B*clo Waltz,' ". Arditi
"Black America," a negro oddity Zickel
Little Prince Edward of York goes by the
sobriquet of "King David" at Marlborougb
House.
FAIR'S LETTERS
TO BE PRODUCED
They Have All Been Ex
ploited Before a
Camera.
C. L. FAIR DEPOSING.
Questions Asked About an Oak
land Expert on Hand*
vriting.
TESTIMONY COMES HARD.
Promise Ma3e to Bring Into Court
Certain Papers Cal'ed For
Upon Subpsna.
The deposition of Charles L. Fair took
an interesting turn yesterday. Mr. Del
mas inquired concerning the action of the
deponent between the time when he peti
tioned to have the Craven will admitted
to probate and the time when his attorney
moved to have that instrument withdrawn
from probate. Many very interesting
questions which Mr. Delmas asked were
not answered, Mr. Fair declining, under
tbe advke of Mr. Heggerty, to answer
them. Mr. Delmas wanted to find out
what methods had been adopted and what
papers had been produced to compare
with the handwriting of the Craven will.
It took a great number of questions to pet
the desired admission. Mr. Heggerty
finally framed some of tbe answers for his
client, with the consent of Mr. Delmas, in
reference to the production of papers
under the subpena issued. Mr. Fair tes
tified that some letters and other papers,
which he knew to be in his father's hand
writing, liad been taken to Garber, Boalt
& Bishot>'s office, where they had been
photographed. He also testified that one
expert had told him that the Craven will
was a forgery. Other persons had ex
pressed to him the opinion that the in
strument was a forgery, but he declined,
under the advice of counsel, to say who
these persons are. Concerning the hand
writine expert who had said that the
writing was forged, Mr. Delmas asked:
"Were you advised by one or by more
than one expert?"
"Well, by one in particular."
"Was there more than one in particular
or in general?"
"There was one in particular."
"is it not true that there was not more
than one and that the one was Mr. Horton
of Oakland?"
Mr. Heggerty objected very promptly to
an answer being given to this and Mr.
Fair declined to answer.
"Is it not true that only one expert ever
declared the Craven will to be a forgery
and that be was named Horton and that
he lived in Oakland?"
The witness declined to answer.
'•Is it not true," persisted Mr. Delmas,
"that the only expert who ever expounded
that theory was Air. Horton of Oakland,
and that soon after it was submitted to
him, and that he left you because yon
would not submit to a demand to pay him
$2500 for his services?"
Mr. Heggerty interposed and the de
ponent once more declined to answer.
"Is it not true that the expert lived in
Oakland and that his name was Horton,
and that in 1895, after yen had refused to
pay him $2500, he tried to peddle that
information, offering it wherever he
thoucht he could sell it?"
Mr. Fair — I decline to answer.
"Did you not afterward take Mr. Horton
back into your camp?"
To this there was no response.
Mr. Delmas asked whether Mr. Fair
believed that tbe Craven will was in his
father's writing at the time he petitioned
to have that instrument admitted to pro
bate.
'•Yes, air, at that time I did."
"And your petition for the filing of the
Craven wiJl stood until after Judge Slack
had decided that the trust under the trust
will was invalid?"
"According to the best of my belief
Judge Slack decided that the trust will
should be tried first."
"Up to April, when you withdrew your
petition for probating the Craven will,
had yon expressed in court any doubt
concerning the genuineness of the Craven
will?"
"I don't think that I did."
"Did you approve of the proceedings of
your attorneys when they withdrew the
Craven will?"
"Yes, sir."
"Was the right reserved to bring for
ward the Craven will at any time?"
"I don't know; some rights were re
served."
"Did you understand it that way?"
"Yes, I understood so; that it left open
the right to bring the Craven will forward
again."
What hapi>ened between the time when
the Craven will was filed and the time
when it was withdrawn, Mr. Falrdescribed
in part. "We employed experts to ex
amine tlie handwriting. One of these
told me that the will was a fraud. Other
people told me the same. T;ere are other
circumstances which I do not care to dis
close at this time."
Mr. Delmas— l wish that you would
disclose them.
Mr. Hegeerty instructed the deponent
not to answer, and his advice was fol
lowed. Mr. Fair also declared that he
never had entertained any doubt that
under the Craven will he would get one
fourth of the estate.
"Was not one reason why you changed
your attitude toward the (Jrayen will that
you believed that the trust will, with the
trust eliminated, was more favorable to
you and that by adopting the trust will
yon would avoid the payment of $500,000
to Mrs. Nettie R. Craven?"
"No, sir."
"Did not the desire to avoid paying
Mrs. Craven $500,000 influence your
course?"
"No, sir."
"Was not the decision left to Richard F.
Dey concerning the amount which should
be paid to Mrs. Craven?"
Mr. Fair declined to answer.
"Have you any papers containing your
father's handwriting?"
"I have some private letters of my
father's."
"Were these letters used in testing the
Craven will?"
Mr. Fair declined to answer that ques
tion, and also declined to answer whether
he had produced all writings of his father's
as commanded to do by the snbpena. He
believed that certain of his father's letters
were submitted to an expert in 1895, after
the filing of the Craven will. He could
not say how many there were of these let
ters. They have never been returned, and
he declined to answer as to where they
are. He supposed them to be in the pos
session of Mr. Treat, who is a clerk for
Charles R. Wheeler of the firm of Garber,
Boalt & Bishop. He last saw them in Mr.
Treat's possession. That was seven or
eight months ago. The following dialogue
occurred on this point:
"Is Mr. Treat a photographer? "
"1 believe that he is."
"Did he photograph those papers?"
"I don't know."
"Did you ever hear that he had photo
graphed them?"
"No."
"Did you ever see the photographs?"
"Yes, some of them."
"And those were made.for the purpose
of deterniining the genuineness of the
pencil wilt by comparison?"
"I believe that they were made for that
purpose."
"Do you not know that they were made
for that purpose ?"
''Yes, I know that.'
The conclusion of the proceedings of the
day were interesting. Mr. Delmas asked
whether Mr. Fair declined to produce the
papers that were called for in the sub
pena. Mr. Heggerty, attorney for Mr.
Fair, answered all the questions on this
point for his client, and his answers were
set down as coming from M/. Fair.
"All that I want is an answer," Mr.
Delmas said, and suggested that Mr. Heg
gerty should shape the answer. Then he
asked :
"Do yon understand that the subpena
calls upon you to produce all papers
signed or purporting to be signed by your
father, and do you, acting under that sub
pena, refuse to produce any papers?"
Mr. Heggerty declined, for his client, in
several answers, to produce any papers
unless the papers are specified so that they
could be selected by Mr. Fair, but finally
agreed that the papers which were given
to Mr. Treat shall be produced before the
deposition of Charles L. Fair shall be con
cluded. Mr. Delmas then said that he de
sired to see these papers and could not go
on until they have been produced, and
the further taking of Mr. Fair's deposition
went over until next Wednesday at 10
A. m. ______________
A PERSISTENT SUPERSTITION.
He Knew It Was Lucky to Find a
Horseshoe.
He had signaled the conductor of the
car with both hands to stop, and as he
lunged off he knocked his traveling bag
against the step. The blow was so vio
lent that the oag came open and scattered
a comb, a hairbrush, a paper-backed novel
NEW TO-DAT.
WrMffTHEWOII
WHO CANNOT FIND SOME USE FOR
DRESSGOODS DRESSGOODS DRESSGOODS
IF SHE CAN BUY THEM AT HER OWN PRICE?
That is exactly what she can now do at the CRED-
ITORS' SALE of the stock of J. SAMUELS,
104, 106, 108 Kearny street, at 421
cents on the dollar.
Latest Designs, Newest Styles, Charming Effects in Bou-
cles, Jacquards, Soleils, Serges, etc., etc., must be
turned into money at any cost.
All 75c and 50c Dress Goods NOW 25c and 20c.
.'. - All $1.50 and $1 Dress Goods NOW 65c and 50c*
Novelty Suits, formerly .$7. 50. t0 $20, NOW
-.' :. " "../ $3.50 to $6.
Remnants at any reasonable price.
OBSERVE ALSO THE STERmG BARGAINS IN OTHER DEPARTMENTS:
5 Black Brocaded Silks, handsomest in the city, worth
$1 .25 to .75 ; sale price 65c to 85c.
$2.75 Lace 1 Curtains at $1.25. .
§Joi-» $2.25 Blankets at $1.
25' ;.' 122 C Dimities at 4c.
UJ Heavy Twilled Crash at sc.
ioc Muslins at sc.
- - - , If you have not been there, call at once.
If you have J been there, call again.
STAR OF HOPE FOR THE AFFLICTED.
Dr. Cook is the hope of the hopeless ; their star in
the night of : despair ; a star that has already led untold
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up into the green fields of health and happiness.
MEN!
-■'■■*■'. ■ .
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ARE YOU affected with weak, aching back and kidneys, frequent "painful
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Doctor Cook not only restores Lost Manhood and removes all its symptoms in
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varicocele, hydrocele and every form of sexual disease. He also cures piles, fistula;
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stomach, bladder and urinary organs. Special attention given to .women who are
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female complaint.:
. If any power on earth can cure you Doctor Cook can. He especially desires
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If you cannot call upon Doctor Cook describe your, troubles to him by- letter, as
his home treatment by mail is eminently satisfactory. Office hours 9t012 a. m., 2to
5 and 7toBp. m. Sunday from 10 to 12 a. m. only. Address
DOCTOR COOK,
865 Market Street, San Francisco, Cal.
, ■■■,■-■■ (OPPOSITE POtyjEIX).
and i some*, newly laundered . collars and
cuffs -promiscuously around the street,
says the Detroit- Free Press. His hat fell
into a small puddle and a" wagon rolled
over his walking-stick and broke it.
Hastily gathering himself and his posses
sions together, he ; made his way to the
curb, and ; addressing ' a man who was
standing thereiwatching him, said, appre
hensively •■W&&*
"Is it gone? Did any one else see it and
pick it up?" '■-.•'•;•'■'
Without waiting for a reply he dived out
into the street again and returned in tri
umph, bearing a horseshoe.
' "That's what I call luck," he remarked,
gleefully. "There were a lot of people in
that car who might have got this horse
shoe, but I managed to grab it before any
one else did."
-•'.What's up?" inquired the man on the
curbstone. "la the Government paying a
bounty for horseshoes?" »V
"Why, man, it's the luckiest thing in the
world to pick up a horseshoe. I wouldn't
have missed it for anything."
"I don't see that you have been so very
lucky. You've spoiled your hat getting
that precious piece of old iron."
"Oh, well, it wasn't a very new hat."
"And your stick is broken and your col
lars and cuff 8 are shockingly soiled." -
"I know it. But I was bound to get that
horseshoe."
He looked at his watch and exclaimed :
"I wonder if I have the right time."
"It's just ten minutes of 2."
"And I was on my way to catch the 2
o'clock train! If I had stuck to the car I
would have barely made it. I wouldn't
have missed that train for $150. I may as
well go on downtown now and send a tele
gram saving that I can't keep the engage
ment. ; I don't know how it'll turn out,
but it's liable to cost me a good deal in
time and in money. . While I'm there I
may as well buy a new hat and a new stick
and some linen, and have the lock on this
traveling-bag repaired. 1 certainly seem
to be in trouble. About the only luck I've
had to-day was rinding that horseshoe."
. • — * — •
Sugar is an excellent meat preservative.
9

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