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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, January 07, 1897, Image 7

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THUHSDAY JANUARY 7, l>-97
S AMUSEMENTS.
Balpwtx theater- "ThoO.d Homestead."
Columbia I hkatkr— "Shaun Rhue.
Moroscos Opkba-Hou&i:— in tho Name of
the Czar
alcazar Thsater.- "A Serious Tangle."
Tivoli c'l'kba House.— •■ Jack and . Tne Bean-
stalk.
Okphki-m- High-Class Vaudeville.
Cincrs Royal— Eddy and Mason sts.— Prof. O.
B. Gleason.
Y. M. C A. Attditobium. corner Mason and Ellis
reels— Oriental Entertainment.
'IBS chutjcs and !-K*TIKT Rivic— o*ll/ at
lialgbt tiireet, one block east of the Park.
isi'TßO Baths— Bathing and performances.
„• I'acific C oast j o < kky ('lt-r.— Races to-day.
AUCTION tALbS.
By P. Fabch— This day, January 7. Furni-
ture, at 319-321 Slitter street, at 10:30 o'clock.
CITY NEWS IN BRIEF.
Mrs. Meta A. Krogh lias been granted a di
vorce from Captain Christian Krogii.
The Board of Health dismissed the charges
against Food and ilillt Inspector Dockery yes
terday.
Fair Thursday, with fog in the morning and
possibly rain at night, is to-day's weather pre
diction.
The Loring Club at its last regular monthly
meeting took aciion to increase its associate
membership.
The forma'ityof ejecting ex- Secretary Beans
tou of tbe Hoard of Education was gone
through yesterday.
George Horstman, alias Eugene Lee, who is
wanted in Nevada County ior burglary, w&a
arrested here last night.
The Sinner, Moylan, Libertine, Hello, Frank
X and sport McAllister captured tt»e running
. events at Ingleside yesterday.
The Cycle Board of Trade will hold its first
meeting of the new year to-night, when im
portant mutters will be discussed.
Rev. William D. Wihiams tendered his resig
nation as pastor of the Plymouth Congrega
tional Church. It was not accepted.
Harry Sabine, a deserter from the United
States army in 1891, was arrested yesterday
Bf:ernoon in a saloon on Howard street.
Secretary 'Welch of the Society for the Pre
vention of Cruelty to Children denies that the
charges made against him Dy Sister Julia
are true.
Miss Doud, the young lady teacher appointed
to the Farallono station by the Board of Edu
cation, went out there on the tug Vigilant
yesterday.
Arthur Deerlng and James Daly, ex-convicts
end suspected burelp.rs, arrested last week,
. were booked at the "City Prison last night on
minor charges.
The Supreme Court finds that Francesca L.
de Martin has no cause for action against
Alice Phelan and others, executors of the last
will of James Phelan.
Annie Pickett, a notorious pickpocket, and
another woman, were arrested in Sacramento
yesterday and will be brongnt here to answer
a charge of grana larceny.
Two more Chinese social clubs were incor
porated yesterday. Captain oi Police Lees
.says these societies are being organized by
highbinders and gamblers.
A warrant was issued yesterday for the arrest
oi Mrs. Elizabeth Roy, manager of theSun
s-ei Merchandise Club, on the charge of petty
larceny by trick and device.
Walter V. Burke, who lives on Haight street,
complained to the police yesterday tnat three
men beat and attempted to rob him in, a
saloon at Haight and dough streets.
Attorney* George D. Shadburne and W. H.
H. Hart had a serious quarrel in Judge
Coffey's court yesterday, but a hostile meeting
was averted by the friends of the antagonists. ■
Judge Carroll Cook yesterday announced
that he will be governed by common sense ana |
reason rather than by precedents in deciding I
legal proDiems presented for his considera
tion.
August Carlson has entered suit in Judge
Slack's court to have annulled a chattel mort
gage on his household furniture for $125
which Mrs. Carlson executed in iavor ol J. J.
Kauer.
Rev. U". D. P. Bliss spoke in the Tnrk-stre«t
Temple last night before a large gathering of
me members of the Socialist Labor party ana
many outsiders. He was most cordially re-
Cfe'.vtd.
Tne tug Fearless was Tisited by burglars
• last luesday night. While the crew were asleep
the thieves entered iheir quarters and got
away with their wearing apparel and watches
and chains.
Max Appel, a guest at the St. Nicholas Hoter,
did some queer things in the dining- romu
Tnesday evening and was taken to tne Re- i
ceiving Hospital, but was discharged yester- !
day morning.
Detectives are watching for the arrival oi j
the British ship Swanbilda, from Newcastle, !
N. S. AY., for the purpose of arresting Frank I
Butler, a murderer, who is supposed to have
escaped in ber.
W. S. Thomas, dentist, 8 Mason street, had
three valuable oooks stolen from him by a
man representing himself as a dentist from
Spokane, but the police think he is a well
know sneak thief.
Judge Slack yesterday dismissed the con
tempt proceedings against Attorney Rembold,
\iho t-ent the will of the iate Sarah M. Parsons
to Georgia without consent of the Superior
Court of this City.
There was almost a mutiny on the British
ship Belford yesterday. The men did not get
their advance and they relused point blank to
go to work. An attempt at coercion failed and
the captain gave in.
The Council of Associated Industries de
cided yesterday to place many bills of impor
tance "before the present Legislature for adop
tion, and will employ au attorney to bring
them prominently forward.
Forty-six carrier-pigeons were sent out to
the Farallone Islands on the tug Vigilant yes
terday. They will be liberated two at a time
and will bring in weather news for the weather
prophet in the Mills building.
The long-overdue British ship Blackbraes
got in from Liverpool yesterday. She lost two
suits oi sails, sprung a ,eak. was in collision,
tad had to discharge her cargo at Montevideo
and go on the drydock for repairs.
Dr. Estorjio Calderon, formerly Consul-
General of Salvador in this City, has been ap
. pointed Consul-General of the Greater Repub
lic of Central America, the uew federation
formed by Salvador, Nicaragua and Honduras.
Yesterday was Christmas, according to the
Greek calendar, and the occasion was cele
brated in the Greek Cathedral, on Powell
street, by two long services ana by a luncheon
given by the presiding BlshOD to fifty persons
connected with the church.
Proceedings in insolvency have been insti
tuted acainst W. J. Snerwood, doing business I
under the firm name of Barrett & Sherwood at
7 Kearny street. The petitioning creditors are
L Evans, S. Conning, K. A. Lunastrom,
Ruaolph Bfcrth ana Fred L. Bates.
Tne Pix;eenth-street Improvement Club at
its meeting last night took steps leading to
the holding of a night fiesta, a feature of
which should be a promenade of the mas
queraders of the Mission Turn Verein on the
occasion of its prospective masked ball.
The official statement of the affairs of Levin
Bros, was completed yesterday and will be
presented to the full committee of the credit
ors to-day, it shows a wide discrepancy be
. tween the assets and the liabilities, the latter
exceeding the former by about $75,000.
YEW TO-DAT.
Ttching
SKIN
DISEASES
Spbkdy Cites TBBATirexT for torturing, dlsOg.
•ring, Itching, burning, and scaly skin and scalp
diseases with loss of hair. — Warm baths with Cu-
*icuba'BoaP, gentle applications of Cutiouea.
(ointment), and full doses of Cuticcka. Bksoj>
rmsr, greatest of blood purifiers and humor cures
'■ Is sold thronrhout the world. Tom*
T)*vo k Oh«m. Coxr.. Sole Propi., Bo«lon. ■ . .
, 03" " How to Cart Itchinr Skin DUeMei,"fr«e.
RED ROUGH HANDS^^^^l"^
SAYS SOCIALISM
IS NOT ANARCHY
Rev. Bliss on Current Con
ceptions of That Sys
tem of Government.
His Address Be'ore the Socialist
Labor Party Last
Night.
Socialism Means Practical and Peace*
fill Revolution— Bakurin and
Marx Compared.
Rev. McD. P. Bliss was the guest of the
Socialist Labor party last night, under
whose auspices he delivered an address at
the Turk-street Temple. The Rev. J. E.
Scott presided by special request and the
Rev. William Hall Moreland of St. Luke's
Church also occupied a seat upon the
platform.
Rev. Mr. Bliss, on rising, was accorded
a most cordial reception. "Brothers and
|isters and comrades of the Socialist Labor
party," he said, "if 1 am Here as an Epis
copal minister, I am also here as a political
socialist, and 1 desire to tell you freeh
and frankly what I think we should do :n
order to realize socialism. lam net sure
that I agree with all of you. Socialism,
you know, stands for free thought, fee
manhood, and each man has a right to
think his own thoughts, and on the broad
platform of the Socialist Labor party 1
have the right to differ from you. To
night, however, I wish to tell you jvhat I
mean by Christian socialism.
" True socialism is of the whole body—
of the head, of tue heart, and when it
comes to vote, of the hand. Christian so
cialism emphasizes the socialism of the
heart. It is not opposed to political so
cialism or to Fabian socialism, or to any
other kind. It simply says that as a part
of socialism we must have the socialism
of the heart. The phrase Christian social
ism has two factors— that of Christ and
Christianity and of straight socialism. By
Christian socialism I do not mean milk
and water socialism, but rather the Social
ist Labor party in the true spirit of Jesua
Christ.
"Tbe purely economic part of socialism
is not anarchy, with all due respect to tiie
"Republican and Democratic papers, but
tbe foe of anarchy, while plutocracy is the
friend of anarchy. In those countries of
Europe where there is most socialsm there
is least anarchy. Germany, Belgium, i
England and Switzerland are leading in |
socialism, and they are not the countries
in which men are throwing bombs and j
making dynamite. In tne same ratio as i
you develop socialism you prevent
anarchy, and just so far as you 'down'
socialism you develop anarc; y. At the
same time socialism is revolutionary, but
it is practical revolution, and therefore of
tne he.-d and not of force."
Mr. Bliss traced the rise and growth of
socialism during the last half century.
He drew a parallel between the destruc
tive propaganda of Bakurin and the
theories of Karl Marx. The latter, though
quite as revolutionary as those pro- j
pounded uy the Russian anarchist, pro- j
posed a radically different method, viz., j
revolution by evolution. The world soon |
recognized that Bakurin's theories were i
not praciical, and that anarchy could not j
create the co-operative commonwealth.
To-day, therefore, anarchistic commun
ism was dead. Marx, on the other hand, I
turned the socialistic wave into a law- I
abidinz channel, and his name was hon- I
ored by hundreds while Bakurin's was J
honored by only one.
"Socialism," said ,t' c lecturer, "is the
foe ot paternalism. It is not the expan
sion of the State as some people thins.
Nor are National railroads, nor municipal
local transit necessarilj' socialism. Social
ism rather depends upon who Uncle Sam
is. In Toronto, for example, I was told
that they preferred an Albert Edward
limited to an Andrew Carnegie un
limited. "
All true socialists, such as Owen,
Fourier, St. Simon, Engels, Lassalle,
Bebel, William Morri«. Marx, Maurice,
Charles Hughes and Kingsley were, he
Insisted, essentially democrats and foes of
paternalism, and the socialists of France
opposed land nationalization, because
they were not satisfied that the Govern
ment was really the people. Socialism
was essentially fraternal. He drew a care
ful distinction between a nominal and a
genuine democracy, and stated his convic
tion that nowhere in Europe, except per
haps in Russia, would Debs have been so
unfairly treated as in America. The »"acts j
of modern history were a contradiction of j
the everyday assertion that socialism was i
an impracticable dream.
In Germany 1,800,000 persons voted for
the party and the present position sug
gested a game of chess between the people
and the Kaiser, in which, Mr. Bliss added,
the people bad checkmate. Both in Bel
gium and England tbe outlook was equally
promising.
"Socialism then," continued Mr. Bliss,
"is tbe co-operative commonwealth, the
ownership and operation of land and capi
tal by the people united collectively."
He admitted that its complete realiza
tion must be gradual, and in different
countries its evolution would assume dif
ferent forms. It wou'd be necessary to
educate, agitate and organize, and this
agitation, organization and education
must have as wide a scope as possible.
Socialism meant the true triumph of indi
viduality, and it was because ne believed
in tbe free lorn of tho individual that he
was a socialist.
ANNA JOHNSON'S DEATH.
Dr. C. J. fcharp Charged by the Coro
ner's Jury With Being Respon
sible for it.
OAKLAND, Cal., Jan. 6.— An inquest
was held to-night into the death of Anna
Johnson. The facts in the case hare
already been published. Many witnesses
were examined, and the iury rpturned a
verdict that charged Dr. C. Lf J. Sharp with
being responsible for the girl's death be
cause of performing an illegal operation.
AINSWORTH A BENEDICT.
He Han Married Miss Ida Murphy of
Oakland.
OAKLAND, Cal., Jan. 6.— The friends of
Captain George K. K. Ainsworth were
much surprised this evening to learn that
ne had taken a bride in the person of Miss
Ida Murphy of Oakland, a young lady 18
years of age.
The couple proceeded to San Francisco
this afternoon, where a marriaee license
was issued to them and the marriage
ceremony performed. The couple have
not returned to Oakland to-night, and are
supposed to spending thrir honeymoon in
San Frauclsco. No one in Oakland
imaeined that Captain Ainsworth contem
plated marriage, his friendship lor Miss
Murphy being looked upon as a sort of a
fatherly regard for her, which she recipro
cated as a daughter would.
Captain Ainsworth is G3 years of age,
and has kept a grocery-store in West Oak
land lor a long time. He is supposed to
be quite well 10 do. Miss Murphy lived
near Captain Ainsworth's store Rnd her
acquaintance with him began some
four months ago, culminating to-day in
her marriage.
THE SAN FRANCISCO CALL, THURSDAY, JANUARY 7, 1897.
The Garbage Incinerator Designed by Charles Thackeray.
THE LORING CLUB
IN HARD LUCK
Associate Membership of
the Famous Society-
Dwindling.
Co-Operation Among Cultured
People May Aid the Artis
tic Work.
Active Members Will Carry It On,
and a Committee Will Enlist
Music-Lovers.
There have been rumors that the cele
brated Loring Club, the society choir par
excellence, might be forced to disband.
At the regular monthly meeting; of the
club held last Monday night the gradual
falling off in the associate membership
and consequent deficiency of funds were
discussed, with the result that a commit
tee was appointed to decid* what was
best to do under the circumstances and
devise ways and means of reviving inter
est la the association and building up the
membership.
Another result of the discussion was
the passing of a resolution by almost
unanimous vote tbat the active members—
that is, the musicians themselves— would
go down into their own pockets for the
money necessary to keep up tne club and
maintain its high standard.
The committee appointed consists of
Messrs. J. J. Morris, E. H. Hueler and
Waiter B. Mackay. They will meet to
morrow night and report to the club at a
meeting to be held Monday night. No
consultation has as yet been had with the
advisory board, and it is expected that
from some of tbe members of it may come
some suggestions which will help to solve
I the difficulties. In any event the decision
has been made to continue the club's ex
istence, and the necessary funds will be
forthcoming.
The active membership of the club,
which consists of the members who sing
in the concerts, has not fallen off at all,
either in numbers or efficiency, but the
associate membership, which consists of
people who subscribe $10 per annum to
enjoy the concerts, has, on account of the
recent hard times, dwindled away from
over UOO members to about 80, and conse
quently their contributions are not suf
ficient to meet the necessary expenses.
These members, in return for their sub
scription?, have four concerts per annum
given them of the highest class, and at
each concert they are furnished four tick
ets to give to their friend-. The club is a
| semi-private one and no one is ad:r,itt»d
I to the concerts but the subscribers and
I their iriends, consequently the diminish
ing of the association membership has
endangered the club's existence.
It is considered by the thoughtful much
to be regretted that an organization which
has done such excellent work in ti.e past
should not be supported by the people of
San Francisco with a membership large
enough to maintain the club at the same
high standard which was set by Mr.
Loring when he built it up. It has an
active membership of sixty highly trained
male voices, and they are capable ot giv
ing a hrst-cless rendition of the finest
music composed by any ot the great mas
ters. It is an organization of musical
talent of which this or any city might be
proud, but Mr. Loring says that it is ap
pareutly much more appreciated by music
lovers in the East, who have enjoyed the
concerts while visitinc here, than it is by
its own people. According to him it seems
to be a case of a prophet not being with
out honor save in* his own country. Nearly
every one of the well-trained musicians is,
or has been, a member of it, and gained
his standing as a musician largely through
means of that meniDership.
In some of tee concerts given in the
past they were assisted by tue Schumann
Club of sixty female voices. In others
they have had a full orchestra, and have
given the subscribers musical treats which
j cost $700 for the single performance. From
this it can readily be seen how necessary
it is to revive interest in the club and join
its associate subscribers if this deserving
factor in the culture of the City is to be
maintained in its pristine excellence.
David W. Loring, who founded the club
twenty years ago, is a tine musician, and
he says the voices are all of a high order,
and that their training in singing to-
I gether In perfect unison is deserving of
far more appreciation than Ban Francisco
gives them. The renditions of the finest
and most difficult music which they have
given would do credit to Boston or any of
the big centers of civilization. Mr. Lorinjf,
who was the musical director for eighteen
year?, has recently returned from Japan,
where he spent two years. He is very de
sirous of seeing interest in the club re
newed.
The present officers are: William Qreer
Harrison, president; Charles F. Crocker,
vice-president; W. 0. Stadtfeld, secretary;
W. H. Murison, treasurer. The musical
director is D. P. Hughes, and the ad
visory board consists of William Alvord,
James D. Phelan, Mrs. William Alvord
and Mrs. L. L. Baker.
Kecovered From the Bay.
The body of an unknown man was found
floating in the bay off Lombard-street wharf
by the Harbor Police yesterday. It was re
moved to the Morgue. The features were de
stroyed past recognition by the action of the
water. The man had been well dressed in a
black cutaway suit. He wore cork-soled boots.
In the pockets of the garments were an open
face French watch, chain, nail lile and a com
mon knife.
ITS CHIMNEY WILL
BE A LANDMARK
Towering Feature of the
New Crematory for
Garbage.
It Will Be 250 Feet High and
Visible All Over This City
and Oakland.
Largest Incinerator Plant in the
World to Be Erected at a Cost
of $100,000.
The garbage crematory wnich will soon
be built in this City is the same as that
which has been in successful operation in
the city of Montreal for the past foor
years. It will be built under the superin
tendency of the inventor of the Montreal
plant, Charles Thackeray.
The building will be of brick and iron,
two stories high. It has a frontage of 262
feet by a depth of 120 feet. The chimney
is the i'eraarkable feature of the works.
It will be 250 feet high and will be seen
from all party of the City and Oakland.
Its base is 43 feet and the flue is 14 feet
diameter inside measurement. There will
be thirty-two furnaces, which will permit
thirty-two scavenger's carts driving into
the building ana dumping the garbage
into the furnaces at one time. The
furnaces are so arranged that they may
be all in operation at the same time or
only a portion of them, as the quantity of
the garbage delivered may require.
Ttie block of land just purchased by the
corporation will oe inclosed with a nigh
; fence. No odors whatever will emanate
Iroin the burning of the garbage, as the
combustion and temperature of the fur
naces is sufficient to overcome ali such
difficulties and one other feature being
e-pecially adapted lor this purpose, that
is. tiu; down draught with the powerful
I suction of the chimney causes all the
! odors, etc.. to b-? drawn down into the
furnaces and passed over the hottest
place of the furnace. The temperature,
ranging from 1500 to 2ooo degrees, is suffi
cient to consume and purify alt and any
odors that may arise. The garbage burns
itself, no fuel whatever being required.
There are also arranaed in this plant
four very large boilers, which will give
sufficient steam power for the company's
own private uses for electric light and lor
other incidental uses such as the manu
facture of fireproo; material for the fire
proofing of our modern buildings and the
production of fertilizer and several other
such things which the company has the
intention of taking up in the near future.
After the buildings have been completed
and are in operation the company intends
to so improve its own estate That it will
be a great benefit to the surrounding dis
trict and also a credit to the City of San
Francisco.
This will be the largest incinerator plant
in the world, as ali other plants in Amer
ica and Europe have a capacity from 30 to
150 tons per day and this plant has a total
capacity of 400 tons in tne same time.
At a meeting of the board of directors
held yesterday, President L. R. Eilert
being in the chair and a full board present.
Secretary A. Sbarboro read the following
list of successful bidders, to whom were
awarded the contracts for the erection of
the building: Brick work, Owen E. Brady
& Son ; carpenter work, MacconO & Rosso ;
iron work, including four California-made
boilers, J. Hendy Machine WorKs; roofing,
Conlin & Roberts.
The bids aggregate nearly $100,000. The
building will be erected on a block of land
near the present dumps: Ffrst, for the
reason that it is easy of access to the
scavengers, and second, for the further
reason that although the plant will be
worked with such neatness that it will
not be more detrimental than the United
States mint, still the board of director?,
desiring to avoid any possible cause of
complaint, have selected a place in the
future manufacturing district, so that
they can furnish facilities with their sur
plus steam power to the factories in their
vicinity.
It is understood that a meeting of the
scavengers will soon be called, at which
it is expected that satislactory arrange
ments will be mads by which the scaven
gers will all retain their present position
and their present condition bo amelior
ated.
The burning of garbage has been found
to be the best and most economical dis
posal of cities' refuse. The works at Los
Angeles have been in successful opera
tion for some time, and lately Portland,
Or., and San Diego, Cal. , have also con
cluded to burn their garbage.
When the works will be in successful
operation they will give employment to a
large number of laborers and be a credit
to the City of San Francisco.
A HIT OF THE SEASON.
The Great Sale Inaugurated by Call
leau's Cloak House.
Last Saturday Mr. Armand Calllean, corner
Geary street and Grant avenue, announced
that he would retire from the cloak and suit
business. Since the announcement the finest
stock of ladies' wear has been cut to little or
nothing. The outcome of this is that all the
different styles of capes, cloaks, dresses, even
in? wraps and furs are going like wildfire.
Ladies desiring to see the excitement need
only go to the store and look at tha crowd
waiting to get the many bargains. *
■Winter*' Suit for Damages.
The suit of Georee Winters against Charles
M. Shortridge. editor and proprietor of The
Call, for $100,000 on account of alleged libel,
has been transferred from Lassen County to
the Superior Court of San Francisco.
FEE BILL FOUND
INVALID IN PART
In Other Respects It Is
Declared to Be Com
petent.
Justices and Constables Win
Their Cases in the State
Supreme Court.
Gen?ral Joy Among Township Officers
Who Decided in Convention
to Test the Law.
The case of William Dwyer against W.
*'. Parker, Auditor of Santa Clara County,
and also tbe case of Edward Haley against
W. F. Parker were decided in the Supreme
Court yesterday. These cases brought
into question the constitutionality of the
fee bill. Dwyer claimed $141 fees due him
as a Justice of the Peace, and Haley
claimed fees as a constable. The court de
cided, the first case in favor of Dwyen
Tbe other case followed the decision in the
Dwyer case.
Justice Henshaw, writing the opinion,
found that the question involved was the
constitutionality of the act entitled "An
act to establish the fees of county and
township officers and other officials and
of jurors and witnesses within this State."
The act of 1895 proceeded to establish fees
which justices of the peace may charge
and collect, but limited the amount which
they may retain as follows: For all ser
vices rendered in a criminal action or pro
ceeding, whether on examination or trial,
?3, provided that no more than the sum of
$75 shall be allowed out of the county
treasury in misdemeanor cases to any one
justice.
Counsel for Dwyer claimed that these
and other provisions in tne act are uncon
stitutional, and that t^ey are inseparable
parts of the whole act, which must there
fore be declared invalid. Justice Hen
shaw did not take this sweeping view of
the matter. v He found that certain parts
of the act are unconstitutional. Tne
county government act, which was parsed
by the Legislature in 1893, provided for
classifying Counties according to popula
tion and regulated the compensation of
all county and township officers according
to their duties.
"It is apparent," said Justice Hensbaw.
•'tdat the county government act oi 1893
and the act of 1895, to establish the fees of
county and township officers, both under
take to fix the compensation of Justices of
the Peace and Constable-, and there is no
connist between the provisions in this re
gard.
"The constitution has provided that the
Legislature shall regulate the compensa
tion of all county and township officers in
proportion to the duties that they may
perform. The conviction is irresistible
that the constitution has fixed a singie
mode which must be adopted or followed
in fixing the compensation of officers, and
tliat mode is to adjust the compensation
in accordance with their respective duties,
under a classification of counties by popu
lation made for this purpose."
Further on Justice Henshaw said that
the Legislature is forbidden to pass any
local or special law affecting ices or sala
ries of any officer. By the act of 1895 the
Legislature, unmindml of this constitu
tional provision, passed a law applicable
to all county and township officers, declar
ing the amount of fees wUicu they were
entitled to charge and collect from the
citiz-n for the performance of their speci
fied duties. But in the instances enumer
ated it attempted to go further than this,
and to fix or regulate the compensation of
offenses to the classification made in the
county government act of 1893. This is
far beyond the power of the Legislature
to do, and tiie provisions oi the act which
undertake t* do this are illegal and in
valid.
Tbe Justice did not find, however, that
the whole act is void. With certain excep
tions it remains a full and complete lee
bill. The contention of Dwyer that his
compensation is regulated by the county
government act was found to b? sound,
Justices Harrison, Van Vieet, McFarland
and Temple concurred.
TOWN OFFICERS GLAD.
Rejoicing at San Jose Over the Test
Case Outcome.
SAN JOSE, Cai,., Jan. 6.— Judge Dwyer
and Constable Haley to-day received word
through their attorneys, F. E. Spencer
and D. W. Burchard, that the new fee bill
which was enacted by the Legislature of
two years ago and which aroused such
consternation among the justices and con
stables of the State had been declared un
constitutional by the Supreme Court.
The decision just rendered is on appeal
from the Superior Court of this county in
the cases of Constable Haley and Justice
Dwyer against the county for ices under
the old county government act. The
suits were the result of action derided
upon at a convention of township officers
held in Justice Dwyer's courtroom in this
city nearly two years ago. Justice Dwver
was the promoter of the movement, and
the meeting held in this city was attended
by justices ana constables from all the
bay counties and as far south as San Luis
Obispo. The officers affected will now be
entitled to bacfc fees.
The constables and justices all wore
happy faces to-day, and Judge Dwyer was
the recipient of many congratulations on
the outcome of his fiirht.
NOT A CLUB LIGHT.
Pacific Street lUmuinated With Elec
tricity by tbe Exertions of
Chris Bruge.
Chris Bruse, who keeps a grocery on
the corner of Pacific and Leavenworth
streets, has started the agitation for more
light on Pacific street, by erecting arc
lamps between Hyde and Leavenworth.
Associated with him in this iiove of prog
ress are Charles Oswald, B.Frank, Bluhm
& Rathjen and a few others.
They undertook to raise funds necessary
to keep the block well lighted, and they
secured the following signatures to a sub
scription to have three arc lights erected
in the block mentioned: Chris Bruse,
grocer; Herman Ktauenberg, barber:
George Saver. baker; P. S. Back, dairy
produce; Charles Oswald, butcher; B.
Frank, dry goods; Bluhm & Rathjens,
pork packers; Vennefcohl Bros., grocers;
W. Lonohimo, druggist; Garibaldi Bros.,
fruit store; John Eckelinan, plumber; M.
Goodenougb, jeweler; Kennedy Bros.,
grocers; G. Mockel. furniture, D. Bada
racco, saloon; A. Wrede, property owner;
St. Dennis, property owner; F. Pistoiesi,
property owner; F. Tillman, property
owner.
With the subscriptions from those per
sons the lights are guaranteed for the next
six months, and that block bus suddenly
loomed into prominenc3 as being a lively
section leading into Polk street.
A Question <>l Jc'uylng Duty.
Within the next lew days a case of more or
less interest in commercial circles will be
heard before the United States Commissioner.
Some time ago the Southern I'acific Company
received two consignments ol creosote oils
and other tar acids. The railroad company
contends that at the time of the importation
these articles were entitled to be entered free
of duty under the coal-tar act. Collector Wise
and the General Board of Appraisers held that
these articles are subject to pay duty as dis
tilled oils. The railroad company has ap
pealed frcm this decision and the Commii.
siouers will tase tes-.imony.
NO CAUSE FOR ACTION.
The Supreme Court Finds Against Fran-'
cesca Ih de Martin in Her Suit
Against Alice Phelan.
The Supreme Conn has decided that
Francesca L. de Martin had no cause for
action against Alice Phelan et »L, execu
tors of the last will of James Phelan, de
ceased. The suit brought by Francesca
L. de Martin was given publicity at the
time it was begun. She alleged that on
November 4, 1881, she owned land subject
to mortgage which was of the value of
$390,375, upon which James Phelan held
mortgages amounting to $196,000. She
had, she alleged also, at that time, thir
teen children and she was in indigent cir
cumstances, destitute of available means
of support, in great need, and unable to
secure an additional loan upon the land or
to sell the same.
She also alleged that Phelan, desiring tr>
take advantage of her necessities, offered
her first $4000, then $10,000 and then $19,
--000 for her equity in the property, making
these offers on successive days, and that,
in the meantime, Phelan had advertised
the property for sale under an execution
upon a decree of foreclosure, but had the
sale postponed repeatedly for the purpose
of securing her equity of redemption for
less than its value. She also alleged that
she finally yielded to threat*, and on Jan
uary 4, 1881, accepted the offer of $19,000.
Phelan hud fully intended, sheaverred, to
offer $45,000 .if he could not get the equity
for Jess.
The opinion of the Supreme Court waa
written by Justice Temple. It was found
therein that the complaint^constitutes no
cause of action. "It is impossible to be
lieve," said Justice Temple, "that counsel
are serious in their contention that it con
stituted fraud or oppression upon the part
of Phelan to conceal from her the faci
that he intended to off er her as much as
$45,000 for her equity if he could not get it
for less."
The court also found that the relations
between the parties were in no sense fidu
ciary. The sale, even after the decree was
obtained, was not hastened. "I can dis
cover no element of fraud, oppression or
unfairness in the case," said Justice Tem
ple in conclusion. The judgment Jroni
which an appeal was taken was therefore
affirmed.
MIDWEEK THEATER NOTES
I Some Attractions That Draw Large
Houses — Programme of the Nordica-
Scalchi Concert.
"The Old Homestead" is drawing satis
factory audiences at the Baldwin. The
quartet and choir-singing are especially
enjoyed.
The next dramatic attraction at the
Baldwin will be Modjeska, who will open
j on the 25th inst. in "Magda."
The members of the Joseph Murphy
I company at the Columbia are rapidly re
covering from their recent indisposition.
The star himself was not well enough to
act last night and may not be able to do
so ior some days; meanwhile his brother
wMI supply his place.
Next week the company will present
"Kerry Gow."
"In the Name of the Czar," at the
Grand, is a melodrama that teems with
sensation and has concessions to the more
cheerful popular taste in the stiape of a
comic Irish groom and a French maid,
who sing comic songs and generally
j enliven the gloom of life among anar-
I chists' oppressors. The comic songs are
aIJ hailed with delight and are nightly
encored. Leslie Morosco has a sym
pathetic part as the American, who always
bobs up serenely in time to rescue his
friend when he is at the Jast gasp, and
Mortimer Snow takes kindly to the part of
the friend who is rescued. "In the Name
of the Czar" is well staged and the all
| around caste v satisfactory.
The double bill at the Alcazar is attract
; ing well this week. The curtain-raiser is
i prettily acted and "A Serious Tangle" is
one of those bright and frothy comedies
which amuse an audience without taxing
any one's mental capabilities.
"Jack and the Beanstalk" continues to
tax the seating capacities of the Tivoli.
Next week the second edition of the bur
lesque containing a number of new spe
: cialties will be presented.
The Orpheam's really strong bill isreap
ing its reward in the shape of uacked
houses. All the new acts have taken well,
though the ballets still remain the chief
attraction.
Tbe following is the programme for the
Nordica concerts at the Baldwin Theatre:
Tuesday, January 19— Miscellaneous concert,
kew to-dat:
GLABROUGH,
golgher & co.,
< H' Guns, ,
:>s%:. Fishing
■^^| Tackle,
Cutlery,
%S Baseball,
11 Football,
aJr *>,* Tennis,
538 Market Street,
• h - OPPOSITE OBAXD HOTEL.
KJETW TO-DAT— AMTDSEMEITTS.
MOROSCO'S
GRAND OPERA-HOUSE
WAi'IKK MO ROSCO... Lessee and Haa&go:
First Performance on This Coast of the Thrilling
- '.■ Russian Melodrama,
"IN THE NAME OP THE CZAR!"
A Play With An American as Well as a
■ : Knsslan Hero. •
Intricate Stage Mechanism!
: Sensational Scenic Effect*!
Goi-geoua Costuming!
Fvrnlncr Prices— too," sjr.e and 593.'-
-... Matinees Saturday and Sunday.
SUTRO BATHS.
Open Daily From 7A. M.. to 6F. 31. :
TUG-OF-WAR
NEXT SUNDAY, JANUARY 10.
j AMERICA vs. CANADA.
General Admission, 10c ; Children, sc.
GRAND OPENING SWIMMING SEA-
SON 1897.
* - ■ .■ ■ . ■ * -. " ' " ■•. ■■ i■- - -. *
Bathing, Including Admission— Adults
v -.'.' 7 s 25c. Children BUc. ',- •./:.^:V:\
REV. HASKETT SMITH, B.A.
ORIENTAL ; . ENT.:iITAIN>IKNTS! ',
;,-. . Enormous Success! To-Nlght! To-Xlßht!
"Damascus, the Immortal." ; Splendid Illuminated
' . Vi°ws.- Y. M. C. A. Hall. Mason Street.
i •;■ : Box Plan at Sherman, C ay <& Co.'*
SEW TO-DAT.
■'-::■- • • •• •
jj& "Pretty
'/fj^ M? 11
- ' V says
Pretty
Poll
She's just "poll parroting."
There's no prettiness in pills,
except on the theory of "pretty
is that pretty does." In that
case she's right.
Ayer's Pills
, do cure biliousness, constipation,
and all liver troubles. , . -
to conclude with the third act of "Faust.'
Mme. Xordtca, Marguerite; Mine. Scalchi,
Siebel; Mrae. And r^ Martha; Barroa Berthald,
Ftiust: John C. Dempsey, Mephistophetes.
Thursday, January 21— Miscellaneous concert
and part of the last act ol Waener's "Slcg
fried," in costume, with scenery, accoutre
ments, etc. .Mme. Nordica, BTunliilda; Barron
Bertbald, Siegfried. Saturday matinee, Jan
uary 23— Miscellaneous concert, to conc.u le
with the last act of Vexdfi "1J Trovatnre."
Mme. Nordica, Leonora; Mme. Scaicr.i. AItMH
cena; Barron Berthnld, Manrico; John C.
Dempsey, Count di buna.
One of the prettiest girls in the "Brown
ies" company was Miss Marie R. Gage,
who is the daughter of a wealthy iron
merchant in St. Louis and niece of Sey
mour Gaae, the Chicago capitalist. She
has been engaged by Frobmun to appeur
in one of bis companies in New York next
fall. The Denman Thompson company
made her an excellent offer while she was
at the Baldwin, but she could not cancel
her present engagement.
NEW TO-DAY.
If your tea is not good,
why don't you drink water?
It is cheaper and better fqr
you than poor tea.
If it 25 good, your stom-
ach is glad to get it; does its
work better.
, Schilling's Best is good
tea — at grocers' in pack-
ages.
A Schilling; & Company
San Fr >..-;« -o ' J~'
KEW TO-I»AT— AMUSEMENTS.
'rniCDLARatSLOOTTLOD* o>- irwinmimMftv
ONLY I ONLY
4 MORE MATINEE
NIGHTS! I SATURDAY!
W^S ■? "JOSEPH •
<<^/fs- mURPHY.
Supported by His Xew York Stoctc Company, In
NEXT MONDAY "KERRY GOWI "
BALDWIN THEATER.
AX.Haymax A Co. (Incorporated).. i'ropriu;j;i
TO-NXGrST
.• .. . .AND . .
EVERY NIGHT THIS WEEK,
INCLUDING SUNDAY.
A PERFECT PRODUCTION OF
DESMAN THOMPSON'S FAMOUS PLAY,
THE OLD HOMESTEAD.
> The Original Old Homestead Doable
Quartet.
Select Company of 23 Players.
Wonderful Electrical effects.
Regular Prices « 5c to 91.50.
: Matinee— popular prices— enure Dress Circle, $1:
: entire Balcony, 50c and 75c. '
■ ■ — — — ; — .
TIVOLf OPERA-HOUSE
I MBB.KBXKSTIXH; Krjct.tn-->. Proprietor <S Man*g«e
'THIS EVENING.
"That's What We'd Ask of tho Fairies."
i OUR HOLIDAY SPECTACLE,
JACK AND THE BEANSTALK.
JACK AND THE BEANSTALK.
3 GRAND BALLETS !-3 ■
4 SUPERB TRANSFORMATIONS!—
SPLENDID CAST!
Saturday Afternoon— Special Charity
Matinee.
A TREAT FOR YOUNG AND OLD!
Next Week,
"THE SECOND EDITION."
New Songs! New Dance*! New Skits!
Popula- Price 5..... .....250 and 50-5.
O'Farrell Street, between Stoctcton and Powell.
HALLEN AND FULLER,
ANNIE CALDW^LL.
THE TWO BOSTONS.
CHARLES WAYNE.
Continued success of NiLSSOVS AERIAL and
KIKALFI'S GRAND OPEKA BALLETS.:
Last Week of the Pholtes Pantomime.
r, Keserved seats. ZSc; Balcony, 10c: Opera-oaalri
anil box-seam, 50c.
COMING— The Famous Royal Hungarian Court
Orchestra, under the direction of P. K. Matus, the
most famed Clarionet Virtuoso in all Europe.
■ i ft A"VAD I DON'T MISS IT.
M L^Mfcfflil I Record °Breaker.
"A SERIOUS TANGLE."
GEORGE OSBOURNE, HUGO TOLAND
ADd all the Favorites in the Cast.
Preceded by the One-Act Play,
"DREAM PAOE3! 1 '
Seats by Telephone— Black 991. '
CIRCUS ROYAL.
' People's Palace Hut. dine. Eddy and Mason sts.
EVENINGS AT 8 O'CLOCK. '
POSITIVELY LAST WEEK.
THE PI CftD ft ftjl TUE
GREAT ULbHvUli ' GREAT
Any Kind of Steed Subdue rl.
Uproarious Applause. Wild Enthusiasm
: -PRICKS— r-ioc, ai>o, 30c ana 5Qc.
Monday. January 11— Mahara's Colored Minstrels.
PACIFIC COAST JOCKEY CLUB
CNGLESIDE TRACK),
The only Perfect Winter Racetrack in America.
RACING ■f^Sfes. RACK?
Racing From Monday; Dec. 8. to Satur-
day, January 1), Inclusive.
Five or More Races Daily, Rain or Shine.
;:•' FIRST IiACE AT 3 P.*M.\ '
Take i Southern Pacific train* at Third ' anj
Townse-id sts. depot, leaving at 1 and 1:20 p. v.
Fare for Round Trip, Including Ad- '
mission to' Grounds. »I.O(>.' "'.\:- :
Take Mlssion-sL' electric line direct to tracK.
A. B. sPRECKKLSi PresiJtilfc
W. 5. Lkakk, Secretary, i - y
7

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