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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, January 17, 1897, Image 13

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85066387/1897-01-17/ed-1/seq-13/

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HUNTINGTON WILLING TO
COMPROMISE WITH THE STATE.
Intimation Given Out That a Reduction of 4 \Per
Cent on Grain Rates Would Not Be
Opposed.
ANXIOUS TO BE RID OF
LITIGATION.
Claim Made That the People Are
Being Put to Unnecessary
Expense.
VIEWS OF TEE ATTORNEYS OF
THE COMMISSION.
No Settlement of the Case' Short of
Complete Surrender Will Be
Considered.
There is a strong probability that the
case of the Southern Pacific Company
against the Railroad Commission of the
\r c of California will never come to
Yiriaf, but will be dismissed at the instance
'V : the complainant.
Already an intimation has been given
that all proceedings, so far as the South
ern Pacific Company is concerned, wiU be
dropped if the Railroad Commission will
consent to a 4 per cent reduction on grain
rates instead of the 8 per cent cut, which
the Southern Pacific is contesting In the
! United States Circuit Court.
In conversation with an official of the
Southern Pacific Company, who has au
thority to shape the policy of that corpo
ration, he called attention to what he
characterized as the unnecessary expense
to which the State was being put in con
nection with the pending case, and showed
how, in hia opinion, further expense could
be obviated by settling the whole contro
versy out of court.
"Up to the present time," said this gen
tleman, "the State has incurred an ex
pense of $25,000 in attorney's fees alone.
This is without counting the services of
Attorney-General Fitzgerald, who, I most
admit, has done the most important and
arduous work in connection with the case.
It will also cost us, in all probability, a
similar sum for the legal talent engaged
to aid William F. Herrin. You see. John
Gar ber, who was one of the attorneys for
the railroad, testified that the services of
the gentleman who were of counsel with
Attorney-General Fitzgerald, were worth
this amount and he will, therefore, expect
and claim that the same compensation
should be paid by us.
"This would make $50,000, aside from
costs of court and incidentals, that the
litigation has already cost, and only the
preliminary stage has been disposed of,
though a year and a half has passed since
the litigation began. The actual trial is
to come.
* "All of this expense most eventually be
% borne by the people, for we undoubtedly
I .aye a right to charge the expenses of
this litigation to operating account, and
thus you will see the burden falls in real
• ity on the people.
"Should the case come to trial the com
mission's attorneys will be forced to em
ploy experts, and the compensation of
such gentlemen will not fall far short of
$50,000.' Add*to this another $50,000 for
additional counsel fees and you have a
total of $150,000, which will be taxed to
the people of California.
"Now, if the Bailroad Commission
should come out victorious in this suit,
and. there is not the least chance tbat they
will, the 8 per cent reduction will only ef
fect'a saving to grain shippers of about
$100 000 annually. In the face of this why
should the commission not save all the
money, trouble md loss of time incident
to this suit and modify their demands?
Let them accept a reduction of 4 per cent.
This would relieve shippers of tbe burden
of paying about $80,000 each year."
'• "Am I to understand that the railroad
company wouid suffer its rates to be inter
fered with to even this extent by the com
mission?" asked the astonished reporter.
'. "I should certainly advocate such a
course," was the prompt and evidently
sincere response.
When this conversation was brought to
the attention of the attorneys for the
Railroad Commission, they were simply
dumfounded. After they had recovered
somewhat of their normal condition, one
of them expressed himself as follows:
"There is only one way to explain this
peculiar attitude of the Southern Pacific
Company. It is endeavoring to create a
public sentiment ..gainst, the course of
the commission in order to prevent an in-
spection of its books and the thorough in
vestigation of its affairs so far as they re
/late to its business and career in this
.Jl State. ,
\ ' For years in fact, ever since tbe com
mission was created by tbe new constitu
tion has held a clulJover the officers of
that body in the threat to wipe the com-
mission out of existence on the ground of
its alleged unconstitutionality. There is
little doubt but that the fear of this
weapon has in the past partly tended to
make previous commissions amenabie to
tbe arguments of the corporation. The
existing body was not in any degree in
spired by a dread of this sword of
Damocles, but simply went ahead and did
what it considered to be its duty.
"Having been unable to stay or dimin
ish its aggressiveness up to the present
time, the Southern Pacific Company is
now seeking to discredit it wiih the pub
lic. While lam not authorized to speak
for the Commissioners, either as individu
als or as a body, I feel justified in saying
that they will not for a moment consider
any proposition for a compromise, which I
consider this to be. It is true that the
proceedings appear to be expensive, but
when the principle that is involved is con
sidered the cost is but trifling.
"That the commission does not propose
lo lose any of the fruits of its recent vic
tory in being declared a constitutional
body is shown by the bill introduced in
the Assembly by Beishaw of Contra Costa
.the other day. The same is to be intro
duced in the Senate by Gillette of Hum
fculdt. It appropriates $30,000 for expert
w^nenses." *™
Here a copy of the bill was produced.
It reads as follows:
Section 1. Whereas, there Is now pending in
the Circuit Court of the United States for the
Northern District of Calilornia a Suit wherein
the Southern Pacific Company is plaintiff
and the Board of Railroad Commissioners of
the State of California is defendant, which
suit involves the question whether the con
dition of the said Southern Pacific Company
and the various lines of road controlled by
it is such as to justify a substantial reduc
tion of the rates of freight and fare charged
on said line; and whereas, the question in
volves an examination into all the operations
of the numerous roads for a series of years and
the careful investigation of their accounts,
which are voluminous and complicated; and
whereas, said work can be performed satisfac
torily only by experts of Bklll and experience
in railroad affairs and of known probity;
and whereas, it is to the Interest of the people
of California that the real condition of the
said railroads should be made known and
proved in the said suit; and whereas, the
other costs and expenses of said litigation
have been and will be incurred and must be
provided, for,
Sec. 2. Now, therefore, the sum of $30,000
Is hereby appropriated out of any money in
the State Treasury not otherwise appropriated
forthe employment of experts and for the
purpose aloresaid, payable under thedirec-
tion and approval of the State Board of Ex
aminers, and for the purpose aforesaid the
Controller is hereby directed to draw his war
rants payable to the order of the president of
the Railroad Commission for such sum or
sums as may be directed by said State Board of
Examiners, not exceeding in all the sum here
by appropriated.
Sec. 3. Nothing in this act shall be con
strued as recognizing the lawfulness of, the
combination of roads controlled by the said
Southern Pacific Company or the existence of
said company as a railroad corporation or its
right to control or operate any of the railroads
constituting said combination.
"The expert, or experts, who will be
engaged will be men who can be relied
upon to do their work thoroughly and
satisfactorily. They will be competent
and beyond danger of being tampered
with.
"I am of the impression that, if the
Southern Pacific Company is disposed to
dismiss the proceedings on a compromise
basis, it may ultimately determine to dis
miss it without any concessions being
made. Should it do so the commission, I
suppose, would then go right on reducing
rates wherever it deemed such action just
and proper."
In the concluding portion of the $30,000
appropriation bill above referred to is a
significant stipulation that "nothing in
this act shall be construed as recognizing
the lawfulness of the combination of roads
controlled by the said Southern Pacific
Company." This is looked upon as a vir
tual announcement by the Attorney-
General that the validity of the leases of
California roads held by the Southern Pa
cific Company is to be attacked in some
separate proceeding.
BONDS OF FRATERNITY.
! The Retiring President of a Y.
M. I. Council Honored at
v..;.* a Banquet -_..-■_.__. •'•*.''
.
Companions of the Forest Install
Olffcers— The Order of Macca
bees' Convention.
Mrs. M. A. Duke, grand chief com
panion, accompanied by Mrs. E. Harring
ton, grand sub-chief companion, visited
Eschscholtzia Circle, Companions of the
Forest, F. O. A., in Mountain View on
last Tuesday evening and found the circle
very proficient in the ritualistic work.
After tbe meeting a banquet was served
in honor of the visitors and this«vas lol
lowed by a "ghost dance."
Miss B. Hintze, grand treasurer, as-
I sisted by Miss A. D. Bremer, visited
Presidio Circle on last Tuesday and in
stalled its newly elected officers. A good
attendance greeted the visitors and a so
cial time followed the installation.
Defiance Circle is making arrangements
for a good social time March 3.
The newly elected officers of Acme Cir- !
cle were installed on last Monday evening '
by Thomas Sewell, P. G. C. C, assisted by Mr.
Tucker, YD. G. C. C. After the installation the
retiring past chief companion, A. J. Mandob,
was presented with a beautiful badge by Past
Grand Chief Companion Sewell on behalf of
the circle.
Last Tuesday evening Miss Irene P. Rose,
D. G. C. C, assisted by Mrs. J. L. Ansel as
marshal, installed the following officers of
Hamlet Circle of Alameda, Miss Bose, the re
cording secretary, having the obligation ad
ministered by Grand Secretary Mi* s Annie D.
Bremer: Mrs. M. Reichsrath, Jr. P. C. C. ; Miss
A- M. Crowley, C. C. ; August Born, S. C. C. ;
Miss A. D. Brewer, financial secretary; Miss I.
P. Rose, recording secretary; Miss Marian
Mentel. treasurer; Miss T. Kriiger, R. G. ; Mrs.
A.C.Wright, L. G. ; Miss L. Eckstein, I. G. :
Mrs. A. M. Tan, O. G. ; Miss Marian Mentel,
organist. *"
After the installation the members of Court
Pride of Alameda; No. 18, F. of A., were ad
mitted and a good time was enjoyed by aiL
The following were lnstiilied as officers of
Excelsior Circle: Mrs. M. McMurray, C. C; Miss
C. Magnus, S. C. C. ; Miss Birdie ilesler. T. ;
John J. CordajvF. S.; Miss Lena Wishman,
R. S. ; Dr. J. Sabosly, physician; Miss M. Mag
nus, R. G. ; Mrs. Julii Wishman, L. G.; Mrs.
N. G. Smith, I. G.; Mrs. J. Wilson, O. G. ; S. J.
Olson and A. Larsen, trustees. The installa
tion officer was Mr*. M. A. Duke, G. C. C.
Order of Maccabees.
The members of this order are very active in
their endeavors to secure the next Stale con
vention for this City. There are now sixty-five
tents in this State, one-half in the northern
part. The four tents in this City and two
across the bay are particularly alive and push
ing in this matter.
Modin Tent, assisted by the Indies r,f the
Maccabees, will soon give an entertainment in
Franklin Hall similar to the owe given by the
Los Angeles degree team last September, and
it will be one of the great fraternal events of
the Western Addition.
American Legion of Honor.
The officers of Washington Council were in
stalled by Grand Commander F.lben, and at
the close of the ceremony the grand com
mander and the grand secretary gave an ex
planation of the new law.
The grand commander, assisted by Grand
Secretary Burton, installed the officers of
Myrtle Council In the presence of a large num
ber of people. The grand officers also installed
the. officers of Alia Council.. At the first
named council addresses were made by the
grand commander, the grand secretary, Su
-1 rente Orator Mansfield and Past Commanders
Thomson, Wneelock and McCarthy. At the
last named th" new legislation was explained
hv the grand officers and J. W. Disbrow. D. D.
G. C.
The grand secretary Is sending to the vari
ous councils a circular setting forth the recent
Changes in the laws.
The grand officers will continue their visita
tions during next week.
Chevra Sharre Sholam.
Next Sunday the Chevra Sharre Sholam will
give an installation entertainment and ball ln
Social HaL, Alcazar building.
Modoc Tribe Chiefs Raised.
At the meeting of Modoc Tribe No. 57. 1. O.
R. M., held at Sachem Hall, Red Men's, build
ing, Thursday, tho ceremony of raising up the
THE SAN FRANCISCO CALL, SUNDAY, JANUARY 17, 1897.
newly elected chiefs was performed by Dis
trict Deputy Great Sachem C. H. Parrish, as
sisted by Great Junior Sagamore G. W. Collins
and Great Sannap P. L. Bliss. The guard. oi
the forest, P. F. Mon dragon, was presented
by Past Sachem H. Gutstadt. for the tribe,'
with a handsomely engraved badge.
Following are the officers for the new term:
G. Matson, S. ; I.J. Chapman. 8. S. ; J. P. Hofl,
Jr. S. : P. VV. Cameron, P. ; H. J. Hoey, C. of R. ;
F. E. Jones, K. of YY'. ; H. O. fCummings, C. of
\V.; G. W. Armstine, first S. ; E. H. Coiver. sec
ond S. ; A. YV. Cunuinghain, G. of YV.; P. F.
Mandragou, G. of F. ; J. F. Halman, G. YV.
Chapman, YV. YY'eiger, H. Mueller, warrior*;
R. Stevens, M. Dearcy, L. Hinz, J. S. Stephens,
braves; L. D. Fry, first P. ; A. Peterson, second
P.; V. Demarais, chief of music.
Mission Council, _. M. I.
About fifty members of Mission Council No.
3, Young Men's Institute, and invited guests
assemoledlast night In the Nevada Restaurant,
where a banquet was tendered to John P.
Henry, the retiring president of the council.
An excellent menu was discussed, and when
the cafe noir was brought on Thomas P.
Slevin, on behalf of. the parlor, presented to
the guest of honor a beautiful geld locket
having engraved on the obverse the mono
gram of the retiring president, and on the re
verse the words, "From Mission Council No. 3,
Y. M. I." In his speech Mr. S.evin stated that
the feast and the more enduring locket were
evidences oi the high appreciation of the
services rendered during his term of office by
the retiring president, and of his fellow-mem
bers hi:h estimation of him as a member of
the order, a. companion and a gentleman.
There was a lee. ing response and then fol
lowed impromptu toasts, responses and music
and song. __________________
CLIMAX OF A DAY
OF REJOICING
Continued from Tenth Page.
City Hall to-night an open-air meeting
was held to express public approval of the
defeat of the funding bill. Then* were
fully a thousand people present, although
the nieht was bitterly cold.
W. R. Davis, the counsel for the city in
the recent water-front litigation, told of
the vast amount of labor that had been
performed by the city's representatives in
getting the cases into the Supreme Court,
and prophesied that there would soon be
a decision rendered that would restore the
water front to the city.
He spoke very forcibly of the defeat of
the funding bill and congratulated . the
audience that it had been attained.
Assessor Dalton made a speech and re
ferred to the trouble he had experienced
in his office with the railroad company
and how it is necessary for the public to
be ever on the alert, or they would cer
tainly be caught in new traps which the
railroad was forever devising.
Students Are Pleased.
The Students' Social Club, at a meeting
held at 139 Minna street Tuesday evening,
adopted the following resolution:
. Resolved, That tne Students' Social Club
sends to the Hon. James G. Maguire its most
heartfelt congratulations for his grand work
in behalf of the glorious results which we
celebrate to-night and wish him the same suc
cess in all future undertakings.
This was signed by W. J. Denahy, H. A.
Smith, John "Wharton, John Kane and
Dennis Lenahau, the committee.
Dean Stanley's Shirt Buttons.
' Mr. Lang, in the Illustrated London
News, gives an anecdote of Dean Stanley's
amiable simplicity. The Dean was dining
out, and was very late. When he came
his collar was unfastened, and the ends
vibrated like little white wings about the
head of a cherub. People could not but
look at him with curiosity during dinner,
and at length, with due precautions, his
hostess ventured to a-k him if he knew
that his collar had broken adrift.
"Oh. yes!" said the Dean; "do you
mind?" . •:; ; 7 : .
"Not at all," said the lady.
. "Then I don't mind either," answered
the Dean; "the button dropped off while
I was dressing," and be continued his
conversation. It was not, says Mr. Lang,
"absence. of mind," but unrivaled pres
ence of mind, that Stanley displayed on
this occasion. Any otber human" being
would have been at the point of changing
his shirt.
A Dog at Prayers.
The late Archbishop of Canterbury had
a favorite collie, "Watch," which always
followed bis footsteps in the park and
about the iio:s". When service w-nt on
in the chapel "Watch" stretched himself
in summer time on the mat at the open
door. It is said that on one occasion the
Archbishop himself read the second les
son, which concluded with the words,
"What I say unto you I say unto all,
watcn," and the doc immediately started
up and walked to bis master, as if he bad
been called, and lay at his feet until the
conclusion of the service.
-NEW TO-PAY^P^^'OOpPS ■' ' "___ , __ ;
CLOAK and FUR SALE.
Third Week and Bigger Bargains.
Our Splendid Stock of Over $250,000 Worth of Elegant Stylish Cloaks, Dresses and Furs is Being Sold
at Most Extraordinarily I_.owPr__.es. Every Single Garment in the House is Reduced to a Bargain Price and
Marked in Plain Figures. You Must Buy them if You Look at them. Every Garment is this Season's Latest.
Style and Finest Workmanship. >*■> • ' - '•■•'"■■ : -■■■' ngm.
a* a FINE LIGHT TAN KERSEY CAPE, lri\^^Wm\Mr.' *W,W W*'rffl
tjp *x. _!o. nch deep by 12U-lnch sweep: - all wool; vf "■"'""'" '"-;-"_
this season's latest style, -.educed from $7 «*■_, .. . / __________7 , ? j q( - CHINA . BEAL FUR ; COLLAR-
|i QC CHINA BEAL FUR COI_LAR-
* . «!Q 7C tan 'CLOTH' JACKET: ALL S^S^^S*. flnB satin lined. Very «* cut,'
m*;: CURLY ASTRAKAN CLOTH CAPES, •iP ; ». I «_>. woo . buttons up to neck; cloth cuffs; • ruuu '-'' u "»ux **i_ on. _< ■
•_*"*•_). finesaiin -line, blacit lhib-t fur-trimmed; high collar; th.a season's latest styles; reduced __ -_„ _-....-«__ . rb-at «pnu rnnm
27-inch deep by 1-C-lnch sweep; this season's from f 11. „ $7.50. Err tat trimmed, sained.
latest style; all sizes. Reduced from *10. -„*>.: ** ,* ; reduced from $15 • ' .. ™ ' • ,
, m* r(\ FINE BOUCLE CLOTH JACKETS; ■-"." 1
tJ.'i.U-'. all woo ; bUcks and bates: flue but- <n_ 1 KH ELECTRIC SEAL FUR COLLAR-
_*»<. Crt SILK PLUSH CAPE, JET EM- tons; best styles of this season; reduced from «10. «jp J. 1. _»_**. KTTE, wiih yoke extra full, line
»4PU.-JV.. broidrred b,a~k Thibet fur-trimmed, ■■ , . , , black martin col and edge, fancy 8114: lined, re-
fine satin lining; 28-lnch deep by 120-inch sweep; -'/•. ■* duced from $22 60. '-
this season's latest style. Reduced from $12 60. <JJ> *_. LIGHT TAN CLOTH JACKETS; ALL
«4P«). sizes: buttons to neck; this season's latest flft*iC FINEST WOOL SEAL CAPES, 22
, style; reduced trom «10. • tjj. 1 1>. Inches deep by 120-inch sweep, heavy
ffl. 1( ) r\(\ VELOCR" DIC NORD PLU a " * satin lined, fine roar.en iur trimmed: 24-inch,
JpIZ.OU. Capes, finest quality. Jet or gulmp $16 60; -inch, $18. 30-inch, $20.
trlmi_e*l; flne Thibet fur- rimmed, heavy satin- fl_» 7 (.A FINE KEItSKT - OR BOUCLE -> ~ i ~±~~Z~^'.' „. '.
line I: 20-Inch de pby 120- nch s-v-ep; ail this __**• 1. OU. cloth j.ckets: ail wool; flne high silky fflj Ift r\f) FINEST CHINA FOR SEAL
season's latest styles. Re meed from $25. finish: mohair braid trimmed; all siz-s blacks and «IP U.*J.». FUR CAPES, 16 Inches to 20
. ■ blues; this season's ;»teat styles; reduced from inches de»p. 125-Inch sweep, elegant silk llnln.',
__ $12 6a reduiedfrom *"iO.,^BS_a_W__a^sa^_S_^!?iJ__<_s_3_
SI fi (.A VELOUR DE NOKD PLUSH * - I
I O.Ul_». Capes, elegant quality; 24 to 26 -. -. .- ttort FITTING JACKFTS- Vi-i. _>';0 P_fi ELEGANT KLECTHIC SEAL
Inch deep by 30-i .cb sweep: finest jet and gulmp $8 45 »nd brad trimmed- n,or elegant o. W - ■&»&"• CAP «.S, 16 to .0 Inches deep by
embroidered, or plain dre_sy wraps; this season's .^, •„.„„*.^ **" «*'• gre"™ tins hml^hiL_. 130-Inch sweep, in combination with flne Persian
style. Reduced from $27 60 and $80. bUcks? reduced from I. 8 and »*__. ' ' lamb collar und y°*- ' elegaQl fancy »'*■- lined, re-
— — ' ____.-. duced Irom $45. - .
Q» )T PARIS MODEL VELOUR DE NORD flttT (\ FINEST CURLY ASTRAKAN CLOTH fl>«)F; ELEGANT ELECTRIC HEAL CAPES,
%s)£iO. Capes,. Jet-trimmed in flne designs or <tlpl''. jackets: mil wool: satin faced; flne but- —O. 16 to 20 Inches deep by 130-inch sweep.
with gulmp matt trimmings; elegant wraps; this tons: ail sizes; this season's latest style: reduced elegantly trimmed with fur tails and fancy silk
season's styles. Reduced from $50 ana $(.0. from $20. lined, reduced from $47 60. .
Country Orders receive prompt attention. Always send Money with Orders. Satisfaction guaranteed.
XCi I. V 9. I ICDEre' CLOAK and suit HOUSE,
\\\m S&a ¥ C& LlbDfaO i2O Kearny Street.
NEW DANGERS FOR
DIVORCED PEOPLE
Ju_g3 Belcher's Latest De
cision May Cause
Trouble. v
Decree of Legal Separation May
Be Set Aside at Any Time
. by the Court.
Mrs. Josephine Dastagn3 Surprised to
Learn Th-tf She Is Still in the
Bonds of Wedlock.
Mrs. Josephine Dastague is not yet di
vorced from Romaia jJastague, although
for several weeks she thought herself free
from the galline bonds of wedlock.
Dastague failed to answer his wife's com
plaint in the time allowed by law and
Judge Sanderson, who was then on the
bench, ordered his default to be entered as
is usual in such cases. Subsequently a
decree of divorce was granted, the judg
ment entered and the judgment roll was
made up. j_T*J-. .'.•."•
When Dastague heard a decree had been
entered against him with the attendant
danger of alimony, he employed Attorney
Rossi to represent him, and that . gentle
man convinced Judge Sanderson that the
defendant ought to have a hearing, so an'
order was made setting aside the decree of
divorce. Judge Belcher, who succeeded
Judge Sanderson, afterward set aside the
default and put the case on the calendar
to be heard on its merits.
Attorney Ruef objected to this proceed
ing. He said that his client, Mrs.
Dastague, had been granted a divorce in
the regular way, and that the court bad
no right or power to set aside^ the judg
ment unless a showing is made in writing
that there was inadvertence; surprise or
excusable neglect on the part of the de
fendant, or unless a motion for a new trial
has been properly made, with notice
served on the opposite party. In this
case, he said, the judgment and default
had been set aside without notice to him
or bis client, and he thought the court
had exceeded its jurisdiction. .
"The court is not with you in regard to
that matter." replied Judge Belcher.
"Section 473 of the Code of Civil Procedure
teems to govern in a case like this. It is a
proceeding to determine the status of
persons. A divorce suit is quasi a pro
ceeding in rem, and the court has juris
diction to set aside this judgment of its
own motion or on the showing of either
party."
Mrs. Dastague will therefore be com
pelled -to go into court with her witnesses
again, and her husband will -be there to
tell his side of the story in regard to their
domestic infelicities unless; Judge Bel
cher's decision is overruled by the Su
preme Court.
Mr. Ruef entered an exception prepara
tory to taking an appeal to 'he Supreme
Court. He suggested that if this rule
should apply to all divorce cases of this
character it would render such litigation
exceedingly uncertain and extremely per
plexing.
Ii the lady so divorced should at once
remarry it would complicate family mat
ters to a distressing degree to have the old
decree set aside in the midst ot the second
honeymoon, < for instance, and to call on
the newly made wife of the second mar
riage to appear ____->__] in court in litigation
that s c had considered finally settled and
disposed of forever. While it might not
morally involve her in the charge of big
amy it would technically place her in the
position of having two husbands, and she
would have no lawful right to live with
the second until the marital bonds hold
ing her to the first bad been judicially
severed. Worse than that, she would have
to face to possibility of defeat in her sec
ond tr al for divorce, and this might mean
an interruption if not a termination of
hr new-found happiness. .
Following out Judge Belcher's decision
to its legitimate- conclusion it would seem
to.be a risky thing to marry a divorced
person while bis or her spouse is living,
for if the decree may be set aside at any
time alter the divorce there is no telling
when the old litigation may come up to
vex the new-made family. This is illus
trated in the case of Mrs. Phillips, .' who
was divorced from her husband several
years ago on her own application, and
actually married another man, but learn
ing last month that her first husband had
accumula ed a fortune of $3,000,000 in the
cold holds of South Africa and had re
turned to Minnesota, she went into court
again and asked Judge Seawell, who is
known as one of the ablest and most care
ful Judges on the bench, to set aside her
decree of d vorce and to dismiss the entire
litigation, showing that judgment had not
been finally entered and defendant had
not answered. •
That motion was granted by Judge Spa
well, but final action in this regard has
been stayed since on the application of
Mrs. Phillips' first husband.
The Message Sufficient.
The traveling/man who put up for the
night at the leaning hotel in a small town
left very particular instructions before re
tiring to be called in time for an early
train.
Early in the morning the guest was dis
turbed by a lively tattoo upon the door.
••Well?" he demanded, sleepily.
"I've got an important me.sage for
yob," replied the bellboy.
The guest was up in an instant, opened
the door and received from the boy a large
envelope. . He tore it open hastily, and
inside found a slip of paper on which was
written in large letters,* ""Why don't you
get up?" He got up. — Golden Days.
BROTHERS FIGHT
A HOT BATTLE
Hugo Ehrenpfcrt Had a
Club, but Did Not
Use It.
An Exciting Scene on Front
Street on Saturday After
noon Last
A desperate battle between two brothers,
both well known, which for a time threat
ened to end in a tragedy, occurred on
Front street, between California and Pine,
on Saturday afternoon, and is still the
talk of the block.
George F. Ehrenpfort, one of the
brothers, is a member of the firm of Roths
child & Ehrenpfort, the candy manufac
turers, at 118 Front street, and the other,
Hugo Ehrenpfort, is proprietor of the
Paragon saloon, which is situated just
across the street.
A difference which neither of them will
fully explain has existed between the two
for some time past.
On Saturday afternoon Hugo crossed the
street to his brother's place of business,
and began an altercation which lasted for
an hour. He talked loudly of doing his
brother bodily injury, and in the end
made a demonstration that resulted in his
brother knocking him down and out, and
later hustling him into the street.
When be was able the saloon man went
back to bis place of business vowing
vengeance, and their neighbors in busi
ness anticipate that the end is not yet.
The candy man's version of the affair
would seem to indicate that the battle
came to a dangerous point at one time.
"My brother came into my place," be
said, "with the evidences of liquor on him
and began to abuse me. He carried a
club, and told me that he had a pistol in
his pocket ready for use.
s "I stood his talk for a while and then
told him to'_.et out. Then he tried to get
me by the throat, and I lost my patience
and knocked him out. When he got up
he was put on the street and told to go
home and behave himself. As a matter
of fact Hugo is not inclined to take care of
what he makes, while I am, and I suppose
be feels aggrieved that I am in prosperous
circumstances."
Mr. Ehrenpfort exhibited a lacerated
hand as a result of the encounter, with the
observation that be might have fared
much worse bad bis brother been given a
chance to use the club.
Hugo Ehrenpfort was attending to busi
ness as usual yesterday afternoon, but
wore a maffler about his neck, which con
cealed any marks that his brother's fists
might bave made. He was not inclined
to talk of the fight, but admitted that a
fracas in which he bad taken a prominent
part had taken place in his brother's store
an.l that he had had slightly the worst of
the argument*. "..*..'•
-■**-, -:;."-■ sro TO.DAT., %:;.\\:^r,:;::_;*7-";: : _t__- :^ ■'■■■:
A Doctor's
Treatment
__to n* nr a it
$5 a Month.
%P^ " It ILFll Lli©
-.. .*■,."'■ The very best medical skill ;
doctors whose experience and
practice put them second to
none; patients have the best of
care and attention. *•---.
We treat all diseases of men,
women and children, but make
a specialty of all THROAT
TROUBLES, CATARRH and
diseases of the EYE and EAR.
In these we have been pre-emi-
nently successful.
You not only get the best ,
medical services for only $5 a
month, but we furnish
AH Medicines Free
You have no druggist's bill to
pay, no prescriptions to get
filled. We furnish everything
FREE and make a uniform
charge of only $5 a month for
all diseases.
OURS is a straight, square
business; it is medical practice
reduced to business principles
and common-sense.. We do ex-
actly what we say — no fake, no S
misrepresentation.
V Consultation and advice
FREE. Send for symptom
1 - ~ blank, if out of town.
COPELAND MEDICAL INSTITUTE,
916 MARKET STREET.
Office hours: From 9 A. m. to 12 m. ; 2 to 5, I COLUMBIAN BUILDINO
7 to 8 P M. Sundays and holidays, 10 a.m. (Over Beamish 's,
to 12 M. only. I Room 18........ Third Floor.
_tjß**_l *^I^s-___»_<x*^ iw *kr™£
REA-ti ESTATE AGENTS, RENT COL-
LECTORS AND AUCTIONEERS.
Office and Salesroom

14 MOSTGOMERY ST., MR MARKET.
Miscellaneous Auction Sale,
By order of the Public Administrator, , Commis-
sioner, Referee and Foreclosure Sale, and for In-.
dividuals, as per Catalogue at Salesroom
MONDAY
MONDAY, FEBRUARY 1. 1897,
At 12 it
By Order of Public Administrator
the Seven Following Properties:
First— Mary Sloane Estate.
Number 1212 Scott st, between Eddy and Ellis;'
2-story irame dwelling; br:c_ foundation, etc.:
renting low at $2.< per month: lot 25x90 feet.
Second — Edward Simpson Estate.
Numbers 3658-60-62 Twentieth st, bet Valen-
cia and t.uerrero: 2 1-story frame dwe lings in
front, and rear house: lot 25:2x114: fro it bouse
renting for 8.8 per m nth: rear hous.* vacant.
Third John F. MoMahan Estate.
Number 5 Bernard St.. west of Taylor, bet.
Pacific and Broadway: 2-story house; rehti for
$16 per month; lot 23x60; street accepted by the
city.
' Fourth Martin Dougherty Estate.
Nnmaer 21 Rlple* place, or Prospect place/east
of Fo som st: cottage of 4 rooms; *ot 60x100 feet;
half block irom electric cars. „ •■ ,-..',. •? r 'A * . 5
Fifth— E. ... Matthews Estate.
8. line of Ripley place or Prospect place, run-
ning through to X. line of Mary a:.. 230:9 W. of
Columbia place: 30x150; 2 frontages, bet. Fol-
som st and Columbia place.
Sixth— Mary Sheppard Estate.
- 18 Natoma St., bet. First and Second; front in
store and 2 flats and rear In 2 fiats; rent $38 per
month; lot 23:3x75.
'■ ' " Seventh— Clyde Estate.
' Ocean View— Undivided third Interest in lot on
RW. corner of Montana and Capitol sts., W. 180 x
125. _*.:_..;-.';. ..... . . .'.., -■■•
By Order of P. F. Shelly, Commissioner.
SW. cor. of Filbert and Pierce sts.; lot 62:6
x 137:6.
Foreclosure Sale by Order Wells, Fargo
.*_.•*_ ■• , & Co. '• Bank.
. 6 lots facing on the ... line of Washington st.
and _. line of Jackson, bet. Cherry and First aye.;
this prope> ty is on Presidio Heights, the continu-
ation <>t Pacific Heights, and is rapidly becoming
very choice residence 1 roperty. '
The. four follow rig properties, by-
order of Henry P. Umbsen, referee
of the estate of Fred Greenham,
_ deceased : *
V;** : ;V; - \ ' ".First. .' . .
• I.W. cor. of O'Farrell and • Leavenworth st*: lot
.on y) 25:9x80 to an alley: Improvements belong
to person who has a leas » which > x.-res March 1,
1909;. rent, $45 until March 1. 1899, after which
time he is to pay $50 per month . until expiration
of lease. . „' ._":'.;■
Second.
'91618-20 Harrison St., NW. line. bet. 6th and
6th; 10. 50x80; renting for $58 per month; 3-story
and double 3-story.
Third. :>:£■",
' . 215 Clary st. bet. sth and 6th; 25x80; rent $20
per month; '3-story house.
v ■ ' I ourth. ' '*
E. line Sawyer st, 72 ft. S. of Visltacion aTe.,
and being lots 3 and 4, block 28. Sunnyvale
Homestead Association: 72x110: being short dis-
tance from San Bruno aye. and Six-mile House.
* . Mission Cottage.
934 Nineteenth St., bet. Castro and Noe: bar-
window cottage of 5 rooms and bath; lot 80x75
.. - < Large Lot. . •
8. line of Army it, 258:9.4 E. of Mission;
152:2x1 15. irregular; also, the two lots in the rear
of iheabovi-. facing on the N. line of Prfclla aye.,
averaging 25x17:> feet; ready to build on; street
work done complete. .... .
McAllister-Street Lot*
& line of McAlilsterst. 206:3 W.of Lyon; 2 lots,
each 25x137:6: good locality for flats.
f?': : f :■ ■'•'- Good . Investment.'
4 Moultonst , N side, distant 92 feet W.of Mont-
gom tv, bet. Green and Un on: 2 houses, front of
6 rooms and rear of 6 rooms: a tenements: rent
$14 per month; lot 22:6x62:6.
Call at the office and get catalogue and further
particulars.
G. H. UMBSEN & CO., Auctioneers,
14 Montgomery St.
NEW WESTERN HOTEL,
KEARNY AND WASHINGTON ' 8T3.-.RB.
modeled and renovated. KING, WARD & CO,
I European plan. Rooms 50c to $1 60 per day, ll
to $» per week. $8 to $30 per month: free oath*:
hot and cold water every room: Alt grate* »4
1 every room; elevator runs aUnlgat
AUCTION
THURSDAY, JANUARY 28,
AT 12 M. SHARP, BY
Yon Rhein
cte CO.,
513 CALIFORNIA STREET.
LARGE SIXTH-STREET CORNER.
75x125: E. cor. 6th and Shipley sts. : market,
stores ana dwellings; outlay of $1000 can in.
crease rents to $300 per month; to close an es-
tate. ....-,-. ..;"■;:
McAllister Street— A Grand Lot.
40x137:6: N. (sunny) side of McAllister, 137:6
feet W. of Fillmore; tew better lots for residence
or flats on tbe peninsula.
WOODWARD GARDES LOTS.
4 Valencia, bet. 14th and 15th.
4 lots; each 25x100; E. line of Valencia st,
120 feet _. of 15th; 14th and Valencia is a promi-
nent transfer point.
Mis-ion Street, bet. 13th and 14th.
40x100; W. line of Mission st; 237 feet S. of
Ridley.
Ridley-Street Building Lot.
25x95: S. line of Ridley st., 65:8 W. of Jessie,
bet. Valencia cable and Mission- st. electric road.
_fe«sle, Near 1 3. h. Flat*— Bents $72.
20x65; No. 1436-88 Jessie St.. S. of Ridley; 2
new flats: each 5 rooms and bath; at reduced
rents of $36.
25x60; No. 14 -0-42 Jessie St.; 2 new flats; same
as above; rents $36. .
Julian-Avenue Flats— Rents 843.
40x94: Nos. 17 to 23 Julian aye.; E. of Va-
lencia st. ; 275 feet &of 16th st. ; always rented.
NE. Cor. 13 and Stevenson, in 1 or 5 Lots
78:1x135: NE. cor. of 13th and Stevenson sts.,
with Cuinese washhouse: rent $J0; as a whole or
in 5 lots; 3 fronting Ridley and 2 fronting Steven-
son.
Jessie Street— 6 Building Lots near 13th
25x90: W. 'me of Jessie. 95 feet s. of ISth; 2
lot each 2.*>x7U, adjoining above on the south.
25x65; adjoining above on the south.
30x50. wl n L 40x20; fronting E. end of Qulnn
5.., with cottage. ____
Stevenson-Street Building Lots.
4 lots; each 25x65; E. line of 8 evenson st., 120
feet N. of .4th ; suitable for collages or flats
Dolores, Opp High-School Site.
3 lots; E. line of Dolores, S. or 18th; 1 lot 80x85
anil 2 Ims each 29x110; commencing 118 feet 8.
of 18th st.
Flats near the Park— 852.
25x80; No. 43-49 Tremont st., off Waller, near
Clayton; 4 flats; only 2 years built; ilalght-st.
cars. ■■',-. .•■';'_ ■:', - ,
Lafayette, near Green — Rent* 838.50.
28x80 No. 7 Lafayette st. ; off Green, near Dn-
pont; 3 st .ry tenement.
Third Aye., near California— Rent 830.
25x120- No. 213 Third aye. ; mo .crn cottage; 5
rooms, bath, basement, garden, etc -
V ii'-. 21st, near Valencia— Rents 830.
25x114; 3:157-59 21st st, bet Valencia and
Giieiftro; 2 flats; rent $39; a third flat is par-
tially finished; $250 will finish it completely.
Francisco St., near 'Mason, with Stable.
46x65. io Water st. : 409 Francisco, W. of Ma-
sou; 2-story bouse and stable.
Darnlln's Laundry, Chenery Street.
100x115 fronting Chenery, and 160x150 front-
ing S. P. R. K. Fairmouut lots, 16 2 .>, frame and
brie-, building; 100 feet front; lor laundry, dwell-
ing and stable.
Greenwich, E. of Montgomery ßent 835
• 43x75: 103-105 Greenwich a:., E. of Montgom-
ery; one --sory noas» and 2 co tages; wl.h some
repair would rent for $28 : must be so.d.
Corner York, 26th and Serpentine Are.
120 feet on York st., 69:3 on 26th and 38 on
Serpentine; as a whole or in 4 lots.
5 Lots on Serpentine Aye., opp. Howard.
80x123: S. line of Preclta st., opposite Howard,
600 teet W. of Folsom; a* so in rear of above, fac-
ing California aye. ; 65x120.
**_____________* _i ■ Big «5 ls a ion -poisonous
<A|__F-_--^^"^'_-___l remedy for Gonorrhoea,
_rf*K«ip^UKE!» > Gleet, Spermatorrhoea,
MgtW '*" 1 '" ■'"■■"•■■-^B Whites, unnatural dis-
ESkW Gurtotee - M charges, or auy inflamma-
B> __Jf n«t to itrietare. tiou, irritation or ulcera-
3^*^Pr«Y(mt» eonugion. tion of mucous mem-
TTaITHEEvAI-S CheUIWCo. b»nes. Non -astringen-.
VJAciNCINNAT-.O ■■■ Sold by »rn_»*«tei
- W__9__'< Va. i ■•■■ mMMsm ot *** D *" ,n Pl a!D wrapper
j__!W. ' ' ______P_l by express, prepaid, for
*i_£l |BM______^___[ I 1 ur 3 bottles, C2.7*_.
■ IF V■ V Ciicular sent or. ■»- mast.
O DEWEY &CO.^g»v
patents! j
■■■■■■ ■■"■■'''■■■'■•*<^G*-» t Hy
:2Q MARKET aT.S.F_^2^
11

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