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BLAME ALL, THEY SAY Report of Investigators on the Temporary Roll Scandal. RAID ON THE FUNDS OF THE STATE. Assemblymen and Chief Clerk Duckworth Censured for Their Conduct. ILLEGAL MILEAGE ALLOWED BY THE COMMITTEE. Judge Waymire Fresents an Individ, ua! Report to Dismiss Duck worth at Once. SACRAMENTO, Cal., Feb. s.—Assem blyman Way mire, chairman of the special investigatinc committee, presented the following report: Mr. Speaker: The special committee ap pointed to investigate the temporary organi zation ol the Assembly have performed that duty, and herewith submit their report. The amended resolution authorizing the investl gntion is as follows: WHEBEAS, Charges of ft serious nature have been made relative to frauds said to have been practiced during the temporary organization oi thi» Assembly: and WHEBKAS, The Chief Clerk of the Assembly, S. 1». Duckworth, i« chaiged with complicity therein, and lie denies said charges; there fore be ii Ruolttd. That a special committee of seven be named by the Speaker of this Assembly to investicate all of saii eharces re.ative to the organization of this House and to report its findings to this House. Said committee shall have lull power to subpena witnesses, admin ister oaths, take testimony and such other powers as shall be necessary for the full per loriuancv oi their duties Under this resolution the power of the com mittee is restricted to reporting its findings. This we understand Includes the power to ex press an opinion, but does not include the power to make recommendations. The resolution was adopted January "6, 1-v»7,a.nd the committee began its work the same day. Mr. Chyuoweth of tne Assembly has kindly attended all our sessions and given valuable assistance in tne examination of wit nesses. Mr. Duckworth was represented by counsel and the committee has heard the te-iti mony oi all witnesses whose presence was deemed important. The reporter's transcript of the testimony and the exhibits are sub mitted herewith and is referred to for in formation as to details. The only statute concerning the attaches who must be present at the organization of the Assembly is sec Tien 237 of the Political Code, which is as follows: "The secretary of the Senate, the minute clerk and serge&nt-at-arms of each House for any session must at the next succeeding ses sion of the body perform the duties of their offices until their successors are elected and qualified." Ii is evidently tne intention of this law that oniy the chief clerk of the Assembly, the min ute clerk and the sergeant-at-arms of the As sembly should hold over lrom one session to another. They are required to attend and are therefore entitled to mileage. No other at taches have - any claim to mileage. it is also clour thai the law contemplate* that these of ficers snorld ordinarly be sufficient to organ ize tne Assembly. It does not. however, expressly prohibit the employment of other attaches, and it has been the custom of the Assembly for many years to employ additional help. The number so em ployed has increased each session until the rolls for lsft)3 show a total of twenty-eight and those of 13i)5 show forty-nine. A careful in quiry as to the actual work to be done at the organization of tne Assembly convinces us that the following would be ah ample force: A chief clerk, chap tain, minute clerk, sergeant at-arms, one assistant sergeant-at-arms, post mistress, mail-carrier, three iraiekeepers and five pages— fifteen in all. Their total per diem should not exceed .*74. We find that at the organization of the pres ent Assembly the chief clerk appointed at tacnesas follows: Assistant clerks 10 Assistant minute Assi.rauit sergeant-at- j clerks 6 arms ti Clerk 10 sergeant-at- Journ*l clerk 1 arms 1 Assistant journal • Engrossing . clerk... 1 clerks 4 Assistant engross- 0* Enrolling clerk 1. Ing clerks 6 A-s;«;a:it enrolling Postmistress 1 clerks 5' Assistant postmis- Historycierk 1 tress. 1 .Assistant history ; Porters 17 clerk* 3 Bookkeeper to ser- Blil clerks 6 geum-at-arms 1 .File clerks 6 Chaplain 1 -Mall-carrier 3 Janltrss 1 Doorkeepers 6 Watchmen 6 Pases — 12 Elevator attendants. '£ Messenger to Mate ; Klectrlclan 1 Printer...! 1 Gatekeepers. 2 Position not ilfsie- naieri (fella Bate- Total 112 man) 1 The total amount allowed for per diem was $3901 30 and for mileage other than to statu tory officers #4265 10. As ready stated, we rind that fifteen attache^ — twelve in addition to the three statutory officers — would have been ample and the aggregate of the per diem that should have been allowed at this session is $74. This includes the $24 per diem to the chief clerk, serjeant-at-arms and minute clerk. For the necessary additional attaches $50 was sufficient and all that should have been paid. We find, therefore, that $4215 10 has been pail out in excess of the sum actually neces sary. None of the attaches should be paid for more time than they serve. It has been a custom to allow per diem for an entire week on the plea that the attaches come to the Capitol at a sac rifice of time which makes It proper. There is '< no justice in this claim. The statute only re- | . quires inree officers to attend and there is mi- j hcicnt compensation 10 them for the time oc cupied in coming and going in the mileage allowed by law, which exceeds the actual trav eling expenses. Tne other attaches are not re quired to attend and if they do so voluntarily iney nave no right to ask pay for extra time. As a matter of fact, they usually come to seek re-employment. in this connection we must say that the Committee on Mileage, in our opinion, was grossly negligent, not only in recording mileage but also in recommending the pay ment of a full week's pay to all the attaches. It whs its duty to diligently inquire into all the fact.-, a« iis report wai« designed to guide the Assembly. Had it mude proper inquiry of any experienced member it would have at once discovered the illegality of the surplus ap pointments, and would have prevented the evil consequences resulting. We feel it our duly also to say that all the members of tne Assembly who votci for the adoption of the report of that committee are censurable for their negligence. Had they given the matter the proper attention they would have learned that the report was wrong, and that the payments recommended were without any justification whatever in bo far as • the exces-iv(r appointments were concerned. It is apparent that those who had previously served in the legislature are more to blame tiian those who were just entering upon their first experience. The testimony shows that a portion of the attaches were appointed with the know led cc and at the request of the mem ben, a* follows: Frank Burnett by Leavitt. J.L. Oliver by Wright. H. A. Jackson and I. £rb by Kelly. Ken Mflrtin by CaminL'ttl. James Devitt, M. Arouson, J. Wintringer and C. Ewlng by Henry. i. C. Cross (at request of Cross) by Vosburj;. James Bowen anil S. H. Wilson by Breiliug. l>onald Bruce by Dibble. W. J. Keating by 11. H. North. John Wise by J. W. Power. E. 11. Richardson and Mrs. W. Sampson by Valentine. W. 11. Rice (at request of Bettman) by Har- T. Smith by Dolan. W. B. Kings bury by Kenyon. ?' V; fcm y-h by Chynoweth. A. H Smith by Befsbaw. A. B. Vlsher by Jones. >. G. Duckworth by Tr««cv. : . Gcor e North by A. W. North. w. i-evm, on and E. SUeridan 7 Dennery. Price uUock ' W ' HoP"i!i» and W. 8. Staley by J. Brook* by Bettman. riinrles Forbes by Senator Voorheis. Ray Byron by Arnench. Jones admitted that in the cases of J. P. Po vine, A. A. Frledlan ter, S Voorsnneer and R. iilakesion he authurized them to use his nann-. ■\Ve think the members who requested ap pointments or lent their names to justi:y them are specially deserving of censure. Yet it is to be said in tueir deieoM thai tney had ■ right to make requests for appointments, knowing that some should be made, and tiiat they had a rip lit to presume the chic: clerk would do his duty anil make no more r.ppoii; ments thun were sctua'.ly necessary lor the public service. With much more forco it may be said in defense 01 all the members that they were occupied lnrueiy In Die considera tion of the Senatorial contest and in the ex amination of the numaron* and voluminous printed reports of public orticers preparatory to the commencement of their legislative la bors. While thus occupied they had a right to trus; the chief clerk to attend to the details of the organization. He had nothing to do nut to organ z-s the House. His mind was free from other ca res. He had been a number of the Legislature, and had served as chief clerk at the last • essioti. It was iair to presume that he was iamillar with tue duties of h:s office, aii'i would honestly perform them. We are of the opinion, and so find, that the chief clerk deliberately and intentionally ap rioiiite'l tho aforesaid unnecessary nttaches. He offers no excuse for his conduct, except the desire to reward the persons appointed for their political services. He has even declared to representatives of t.19 press that if the law is no; changed, he will at the in x; session of the Legislature pursue the same course, even to .the extent of exhausting the contingent fund of the Assembly by appointing, if re quisite for that purpose, 1000 attaches. This is the unfortunate culmination of a bad practice, which has increased session after session, In consequence of the importunities oi people who come to look upon politics as a trade— a means of gaining a living. They seem to forget that the members of the Legis lature are but the people themselves, as sembled in their representative capacity for the purpose solely cf legislating for tho common good of the whole State. They disregard the fact mat representatives are trustees, and have no right to expend one dollar of the public funds without a fair equivalent i;i service or material; that every dollar paid out from the public treasury for an unnecessary servant is money deliberately perverted in violation of a siicred trust. They work for their party, it is true, but should, if th,ey are good citizens, do so be cause they believe tht.t the success of their party is necessary to good government, in which they, at* well as others, are concerned. In other words, they work for themselves when they work for '.heir party. The chief clerk is a man of unusual intelli gence, and no one understands better thr.n he how indefensible is his conduct. We are happy to say that the evidence does not dis close any attempt on his part to profit tinnn cially by his appointments; but this fact by no means jusiities his conduct, by ;he un necessary appointments he has made he has enabled others to abstract from the public treasury a large sum of money which it will be diflicult if not impossible to recover. His example, if unrebuted, would be imitated by others in the future, and this disgraceful abuse, instead of being stopped at once and forever, as it should be, will go on increasing until the evil effects are felt in other depart ments of the public service. It is not neces sary to multiply words in condemnation ot bis action. While we believe a complete rem edy will require legislation, either In amend ment to the statue or of the constitution, or both, we think also that it is necessary that the one who, by showing himself unworthy of the trust rep 1 sed in him, ha« brought about luis unfor mint • state of affairs should be made to suffer. As we have already stated, we rind no authority in the resolution under which we are ac'.ing to authorize us to recom mend any speeilic. punishment, and we must leave that to the judgment of the House. We are also of the opinion that steps should be taken to recover from the aunches now in the service all the mileage paid them, and we specially call the attention of the House to the case of Mr. Hocking, to whom has been paid the sum of $117(50 for miieaire. He is now acting in the capacity of bookkeeper to the serjeant-at-arms. BY Way mire, on behalf of himself indi vidually, and not as a member of the com mittee, introduced the following resolu tion : WHEBXAA, The committee heretofore ap pointed by this Assembly to investigate the irregularities attending the temooray organi zation of the Assembly have, after a patient consideration of all the facts, found that 100 attaches in excess of those ac tually required were appointed io assist in the temporary organization, thereby leading to an unnecessary expenditure of !t>4-15 80; anil whereas, said committee has also found that the said attaches were de liberately and intentionally appointed by the chief clerk with the knowledge that they were not necessary, and for the avowed pur pose of rewarding the persons so appointed for party cervices; and whereas, the said com mittee has further found that the chief clerk has declared that unless the law shall be changed he will at the next session ol the Legislature appoint enough attacnes at the temporary organization to eihuufi the con tingent fund of the Assembly , even if. fur that purpose, it be necessary to appoint a thousand attaches; now therefore, be it Resolved, That in the opinion of the Assem bly S. J. Duckworth, chiel clerk of the Assem bly, is guilty of n. violation of the trust re posed in h-m; that it is unwise to continue him in office, and that he is hereby removed srom office from and after the passage of this resolution. Neither the report nor the resolution was read to the House, there being evi denced a disposition on the part of the majority to dispense with the reading thereof. It was decided to have both primed in the journal to-morrow morn ing, and to make them the special order for next Wednesday at 2 p. m. I> SEIkATiS A Sit ASSEMBLY. Matter* of Varioun Kinds Conttderetl by I.'itvmnHerUm SACRAMENTO. Cal., Feb. s.— During the morning session of the Senate to-day the following bills were passed: Dwyer's labor bill, Boyce's measure pro viding for the employment of a specialist in sociology, the Torrens land act, Bert's bill making State and legal holidays the same and Bert's bill regarding legal holi days. The feature of the morning session w«s ! a speecu by Senator Bulla in advocacy of I the Torrens land act. The bill provides for the issuance by the courts of certifi cates of titles to property, obviating the necessity of employing experts to search the records whenever a sale or transfer of j property is made. When such a saie or j transfer of property is concluded a new I certificate shall be issued having the validity of the original title, and l>y which j future sales or transfers can be effected. In the afternoon the following bills were passeu : Assembly bill No. 306, exempting rail roads who^e property was above the alti tude of 5000 feet from operating during the winter season; North's bicycle bill; Senate bill No. 45, limiting the tec nical j grounds for reversals of judgments by the Supreme (curt; Senate bill No. 310, pro tecting uoming pigeons; Senate bill No. 178, relating to voluntary dissolution of I corporations; Senate bills N0.}275 and 276, ! regulating ihe collection of tolls on ! bridges and Senate bill No. 189, prohib iting judges appo.nting relatives as re ceivers or referees. Several Senate bills on third reading file | went over in the absence of their authors. Rraunhart spoke at length oq his bill requiring the appointment of one ap pra.ser for estates instead of three, which had been unfavorably reported by the I Judiciary Committee; but when Simp son commenced his attack on the bill Mr ' Braunhart withdrew it with the consent • of the Senate. The Committee on Enrollment reported that Private Secretary McCaoe had in formed them of the Governor's refusal to sign Senate joint resolution 8 asking for tariff relorm on asphaitum for the reason that the secretary of the Senate had no official power to communicate with tiie representatives in Congress. The resolution was referred to the Com mittee on Executive Communication. The fir.<t business taken up by the As semoly this morning was the bill provid ing for the appointment of a Debris Com missioner, wno was to direct the expendi ture of the appropriation made for the purpose of carrying oui the provi;-ions of th*> bill. It was recommitted to the Committee on Mines end Mining, with the request that a substitute be drafted. Babseqaently the substitute biil was reported and mude a special order for Tue>day. Shanahan's bill providing for tiie amend ment to the Civil Code concerning the re demption of property sold on execution was passed. The house then went into committee of the whole to consider Sims' measure, pro viding for the appointment of an auditing TIIE SAN FRANCISCO CALL, SATURDAY, FEBRUARY 6, 1597. board to the Commissioner of Pnoi'c j Works and the appropriation of $300,000 j for the purchase 01 a dredeer, tools, etc., j to be used in the improvement of channel!). An amendment striking out the clause j making the Governor an ex-officiO mem ber of tbe board was agreed to. Assemblyman Cutter then moved that the bill be made a special order for Thurs day, and after some opposition on the part of Dibble the motion was carried. The San Francisco delegation reported favorable substitute bills on the 2J4-cent streetcar fares aud the salaries in the Police Department. The bill to allow San Jose to erect a hu'h-Bchool building on the Normal School grounds was unfavorably reported. The University of California tax bill pas-ifd to a third reading and was made a special order for Mouday at 2 p. m. Upon being reported back the county | government bill was ordered withdrawn j as recommended by the committee. Assembly afternoon session — The fol- I lowing Assembly bills were passed this afternoon: No. 22. establishing a system of street improvement bonds; No. 454, protecnnc stockholders of mining companies; No. 40, constituting a law on estrays; No. 68. establishing fees for county and township officer.", jurors and witnesses; No. 6, au tnorizing the appointment of a Japanese interpreter for criminal proceedings in cities of over 100,000 inhabitants. When Dibble's bill raising the salaries of Judges of the Superior Courts of San Francisco to $(5000 came up North aste.l to have the enacting clause struck out. After several similar amendments had been of fered and voted down the bill went to vote and was lost — ayes 18, noes 42. Dib | ble then changed nis vote and gave notice of a motion torecons der. The Duckworth investigation commit tee mad* a report which reviewed the resolution authorizing an investigation. The report stated that the only authority conferred upon tiie committee thereby was confined to reporting its findings and including an expression of i's opinion. It was found that the law authorized only the chief clerk, minute clerk and sergeant at-arms to hold over, but does not i>ro hibit additional attaches. The defect cannot be remedied except by legislation amending the statutes or constitution, or both. The report states that additional help is necessary, but that a force, num bering fifteen, with a per diem of $74, was surticient; and contains a list of men em ployea by Duckworth, expressing the be lief that the responsible party should not co unrebuked. The committee recommends that steps should be taken to recover from th« at taches now employed all the mileage paid to them, and calls particular attention to the case ot Mr. Hocking, now bookkeeper to t c sergeant-at-arms, who was paid 1117. " The report of the committee was fol lowed by two resolutions by Judge Way rmrp, one of which provided for tne col lection of mileage paid to the appointees and the otner charging Duckworth with deliberately making appointments to pay pany debts and referring to his threats regarding the appointment of a host of attaches next session. Waymire con cluded with a resolution finding Duck worth guilty of misusing trust reposed in him, consequently it is unwise to con tinue him in ortice, "and he is hereby re moved from office." The resolutions were m de a special order lor next Wednesday. Kenyon offered a report from the com mittee on contested elections, consisting of a resolution dismissing the Hoey- Power contest, which was adopted. CO\CER>I.*(i ESTRAIS. A Hill to Make Matter* Katiy He. ween the finder and the Owner. SACRAMENTO, Cal.. Feb. s.—Linden berger's Assembly bill 40 has been amend ed and provides as follows: Any person taking up an estray animal shall within five days file with the County Recorder a notice with full description of the marks, brands, etc., of the estray. togetner with the probable value of the animal. Within twenty-four hours lhereaf:er the Recorder shall forward a copy of the notice, with 25 cents, to the County Recorders of the ad joining county or counties. The Recorder at the same time shall collect from the taker-up $1 and for each copy forwarded 25 cents. At any time within thirty days after filing the notice the claimant of the estray Btiail appear before a Justice of tbe Peace of the township in which the animal was found and im.ko his claim. The Justice shall notify the taker-up and within five days shall hear evidence of ownership and possession and shail determine the com pensation to be paid the taker and the costs. The taker-up shall receive 15 cent* per day 'or the keeping of each horse, mule, jenny, ass, cow, bull, ox, steer or calf; 5 cents per day for eacn sheep, goat, hog or othftr animal, provided that the tinder may voluntarily deliver such stock to the owner thereof upon receipt of costs and compensation. Should the owner not appear and claim the animal within thirty days the same shall be sold by the constable by public auction, as under execution anU he shall receive the same fees. After the payment of the constable's fees the finder shall be paid his costs and compensation, or so much as the receipts ol the suie shall permit; the surplus to be paid to the owner, who must apply for the same within une year, other wise it will i>e paid into the common school fund of ttie county. The taker-up shall use reasonable care to preserve the ssnie from injury, but if any estray animal or animals die or escape at any time before the expiration of the time specified in this act the taker-up shall not be held liable in any manner or account of such animal. O A tUKt. V,L OS UH An Act to Protect the Bankrupt Rancher J-rotn financial Miark*. SACRAMENTO. Cal., Feb. s.— Wright's Assembly bill 686 is designed to protect persons whose property shall be sold un der foreclosure of mortgage. Under the law as it now stands if the property does not produce sufficient to pay off the prin cipal, interest 'and coats the deficiency stands as a judgment against the debtor. The bill now b fore the Judiciary Com mittee relieves the debtor from loss by reason of depreciation in Jand values, etc., and obliges tne lender to bear the loss. The bill reads as follows: Section 720. There can be but one action lor the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which fiction must be in accordance with the provisions of this chapter. In such action the court may, oy Its judgment, direct a sale of the lncumbered property (or so much thereof as may be neces sary), mid the application of the proceeds of the sale to tne payment of the costs of the court and the expenses of the sale and the amount due to the plaintiff. If it appears from the Sheriff* return that the proceeds are insufficient, or that a balance still remain* due, no judgment can be docketed for such- balance against the defend ant or defendants personally, nor shall the mortgagee be given any recourse against such defendant on account of such debt so secured by mortgage, but In nil cases where a creditor takes any property I as security tor a debt, he shall, In case of de fault in payment of such debt, be confined to ! such property or the proceeds of its sale for I the satisfaction of his claim or demand. No person holding a conveyance from or under the mortgagor of the properly mortgaged, or having a lien thereon, which conveyance or lion does not appear of record in the proper j office nt the time of c lmtnenceinent of the action, need be made a party to . such action; ! and the judgment therein rendered, and the proceedings therein had ; are as conclusive against tbe party holding such unrecorded conveyance or lien as if he had been made a party to the action. n r>Aiu.t i> /-JKEMES. A Rill to rrnride n fund, for the J.ellrf of Volunteer firemen. SACRAMENTO, Cal., Feb. 5. — The Committee on Municipal Corporations in troduced in the Assembly to-day bill No. 743 rrovidine a minimum compensation of $10 per month. The municipal au thorities shall in the annual tax levy set apart an amount equal to $5 per h*ad lor each active fireman on the roll, of six months' standing prior thereto. This shall be placed in the treasury and paid to partially or totally disabled firemen in the performance of their duty, in sums not to exceed $.0 per week for twelve con secutive weeks; provided, that in case of permanent disability the board may in its discretion allow to such tireraan an additional sum, not to exceed $50 per year. JUDGE>' SALARIES. A Bill That Will Interest the Ermine |jf?HJ§ lliniutrhoHt the Mate. SACRAMENTO, Cal., Feb. s.— Strain's Assembly bill t>76 changes the salaries of Judceg of the Superior Courts. It leads as follows: The annual salaries of the Judges of the Su perior Courts of- the City and County of San Francisco, and tl>e counties of AUmeda, Son Joaquiii, Los Angeles, Santa Cliira, San Mateo, Yuba and Sutter combined, Sacrnmento, Butte, Nevada, Slonoma, colusa, Monterey, Santa Bar bara, San Dirgo, Mann, Mendocino, Tehama, San Bernardino. Kern, I'lacer, llumbol'lt, Tu lnrc, iresno. Soiano, Yolo, Shasta and Contra Costa, are $4000 each; of the Judges of the Superior Courts of the coufntiex of Amador, Calaveras, Stanislaus and El Do rado, $3500 each; of the Judges of the Superior Court of the county of Santa Cruz, $3000; of the Judges of the Supe rior Court of ihe counties of Del Norte and Modoc, $'2400 each ; and of the Judges of the Superior Court of the county of Alpine, $2000 per annum; one-half of which shall be paid by the State and the other half thereof by the county of which the Judge is elected or ap pointed, except that in the counties of Yuba and Sutter one-fourth of the salary of the Su perior Judge shall be pßid by each' county. COUMI HIGHWAYS. Supervisor* May J»*ue Bond* to Raitr Money to Build Jhrtn. SACRAMENTO, Cat,.. Feb. s.—Cami hetti's Assembly Dill 764, introduced to day, authorizes Supervisors in each county to define what shall constitute county highways. All highways connect ing the several towns and cities in a county and leading therefrom to the county boundary shall constitute county highways, except such as may be declared Siato highways. County highways shall not b« more than sixty feet nor le«s than thirty feet wide. In mountainous regions such highways may be less in width, but must be wide enough through their whole length to permit teams to pass each other. The umle in no case shall exceed a certain number of degrees to be here after put into the bill. Supervisors are ordered to call a special election lor the issue of highway bonds when so petitioned by 20 per cent of the qualified electors voting at the last general election. WILIt BIRDS. An Attempt to I'rotret Ihem From the <iun* of Hunter*. SACRAMENTO. Cal., Feb. 5-Burn ham's Assembly bill 755, introduced to day, provides that wild birds shall not be killed or caught at any time, or possessed after they are dead. This bill does not nffect game or other birds for which a closed season lias been made by the game laws, and it <:ojs not protect the English sparrow. The esgs of wild birds shall not be offered for sale or or the nests robbed or destroyed, unless when nece-sary to protect buiidings or prevent their deface ment. Certificates may be granted by a uni versity, college or incorporated society of natuial history in this State to any prop erly accredited person to collect birds, their nests or eggs for scientific purposes only. A fine of $'J5 for each bird killed or trapped will be the penalty for a violatiou of the act. POLICE SALAItIES. Bill Introduced in the Af.temblu by the >«(» JFraneiico I '•/> •■>»! . SACRAMENTO, Cal., Feb. 5. — The San Francisco delegation introduced to day Assembly bill 711, recalatine police salaries in municipalities of the first class as follows: Chief of Police, $5000 p«»r annum. ■ Captain of detective?, $3000 per annum. Clerk' to Chief and Commissioners, $2500 per annum. Property Clerk, $2500 per annum. Fifteen detectives, $1800 per annum. The act also provides that upon petition of the Chief of Police to the Supervisors or City Council such body may au thorize the Chief to detail additional po lice officers to perform detective duty at $1800 per annum ear BTMMKTVAH t.< i: is. Another J tv > and a Half C»nt Bill In troduced in th* Attrntbly. SACRAMENTO, Cal.. Feb. 5.-Mul crevy to-day introduced Assembly bill 740, requiring street railroads in munici palities of the first class, between 6 and 8 o'clock in the morning an<l 5 and 7 in the evening, to charge only 2% cents fare. Tickets may be sold in lots ut sixty or less to one person. Any person during those bours may receive his change in tickets at '1% cents lor each ticket, not exceeding sixty. Short- lleiyht Butter. SACRAMENTO, Cal.. Feb. s.—Dairy men will be equally as well pleased as the consumers with Assembly bill 7G7. intro duced to-day by Harris. It provides that any person offering butter for sal«, either in roils or squares, not of the full standard weight of two pounds avoirdupois, shall be guilty of a misdemeanor. It has been the custom for certain dealers to order dairy men to make their rolls of butter not to exceed a pound and a half or a pound and tbreequarters each. Thedealer buys them by weight and sells them by the roll, re presenting them to be two- pound rolls, thus defrauding the buyer. Corporation lox-b. SACRAMENTO, Cal., Feb. s.—Barn ham introduced to-day Assembly bill 754, providing that each intended corporation named in section 291 before filing articles of incorporation must have actually sub scribed to its capital stock for each mile of the contemplated work the following amounts: One tuousand dollars per mile of rail road. One hundred dollars per mile of tele graph. Three hundred dollars per mile of wagon roads. Two hundred dollars per mile of tele phone lines. I'nlmoiirri food. SACRAMENTO, Cal.. Feb. 3.-Dibble introduced to-day Assembly bill 759, pio hibitingany person having or offering fcr food or drink, to be eaten or drunk by any human being, any poisonous, deleterious or unwholesome substance. The bill pro hibits counterfeiting or labeled misrepre sentation. Owners or others In control of any build ing shall not allow any part thereof or any substance therein, etc., to continue or remain in a condition dangerous to life, health or safety. ffhlttier'* Appropriation Cut Down. SACRAMENTO, Cal., Feb. s.— The Committee on Prisons and Reformatories met thi3 evening to consider the bill for an appropriation of $110,000 to the Whit tier Reform School. Treacy of San Fran cisco objected to the amount, and said that it was not necessary. It was cut down to $36,000. Tn Aboliih the Commit* ion. SACRAMENTO, Cal., Feb. s.— At the | meetine of the Judiciary Committee to- j night it was decided to make a favorable | report on the bill abolishing the Code Commission and the measure reducing the fees of Public Administrators after 1898. So Japanese J interpreter. SACRAMENTO, Cal., Feb. s.— Dibble of San Francisco this afternoon withdrew his bill asking for the appointment of a Japanese interr rater in the police courts of San Francisco. He did so because of the opposition enc untered by the bili. He said that he nad read in the news papers that Mayor Pnelan had denounced the bill as creating »n unnecessary office. Judjrei and otlier officials interviewed by reporter-! stated that they were opposed to tne bill. Train Hobbrry. SACRAMENTO. Cal., Feb. 5 —A bill amending the present law punishing train robbery or train wrecking, was presented in the Assembly to-day by Belshaw, and is numbered 7i6. It provides that the culprit shall be punished with death or life imprisonment, at the option of the jury; provided, that in all prosecutions under this section, any one vt more of the acts enumerated herein, may be charged in the same information or indictment. R*n'vnlrttt Corporation*. SACRAMENTO, Cal., Feb. s.—Burn ham introduced Assembly bill 751 this morning, amending tide XII, division 1, part IV of the Cvil Code defining benevo lent cosporations, so as to define benevo lent corporations as "Corporations or ganized for purposes other tuan pecuniary profit." IS THE INDIANA A FAILURE? The New Battle-Ship Put to Another Test With a Squadron and Has to Return to Port. WASHINGTON", D. C, Feb. s.— What may be represented to foreign Governments as an failure of one of the crack yesseis of tne new navy receives an explanation which navy officials of ex perience regard as satisfactory. The re turn of the battle-ship Indiana to Hamp ton Kottds to-day after having been at sea with Admiral Bunce's squadron hardly twentyvfour hours was due to the same turrets 1 which got loose in a storm last fall, when Captain EvaDs commanded the ship in the evolutions off Long Island. On t%at occasion the big guns project ing from the turrets swung back and forth across the decks as tho ship heeled over on her beam ends in the sea, and the gravest fears were felt that the magnificent vessel would "turn turtle" and go down. Captain Evans hove her to and lashed the guns temporarily, which enable^ him to reach port, and then sev eral months were spent at the navy-yard in trying to remedy the defect. Ca plain Evans was succeeded in com mand by Captsin Taylor, formerly of the war college, and yesterday was Captain Taylor's iirst experience for some time on an armored *h in that has earned a repu tation wallowing, and it is understood that the long rollers following the recent heavy j»ale made themselves felt on the ship w^en the fleet got off Hatteras. li -lie had not been restricted to squad ron formation Captain Tayior might have headed- his course into the seas, but as the Now York with her high free board and notable stability was setting the course, and asthe Indiana could not safely stay «vith tlie fleet she was permitted to return. If her turrets had broken loose off Hat teras the ahip might have been lost. The Navy Department gave out the fol lowing statement regarding the matter this afternoon: "The- Indiana returned to-day to Hamp ton roads, having made a run with the squadron. When she went out this time sue had with her a new locking device for her turrets, lately put on at New YorK, and which was intended to remedy the trouble, she had the last time she put to sea in^heavy weather. This present de vice has three times the strength of the former one. Very properly the officers of the ship have been cautious and observant as to it* workinßS, and she has returned to the Roads for a further inspection of it and possible readjustment." The department expects to have the In diana again at sea in a few days. ONLY A 'TRIVIAL AFFAIR. The State Department Receives a Report From Minister Barrett of the Kellett Incident. WASHINGTON. D. C, Feb. 5. -The State Department has received a full re port of the Kellett affair at Chieng Mai Siam, Jrom Minister Barrett, which indi cates that it was only a trivial affair, greatly exaggerated in importance and al together that a mountain was made from an exceedingly small molehill. It appears that there has never been any occasion for sending a United States gunboat to Siam on tfcis account, and cer tainly no additional ship will be sent; nor is there any anticipation of the slight est strain in the relations between this c uutry and Siam. It seems that Mr. Kellett, who is an un paid official, appointed by the Consul- General, had sent two of his native ser vants at night to post a letter and one of them carried a cane, contrary to law. He was arrested and taken to jail, where Mr. Kellett proceeded and endeavored to rescue the prisoner without formality, and in the resistance offere I by the ser geant Mr. Kellett was .-truck about the head and had his face scratched. Later in the evening tne servant was released by the Siamese Commissioner, who sent a servant to inquire after Mr. Kellett's injuries. Mr. Kellett said he had no reply to make until he commu nicated with the Minister at Bangkok about the insult that bad been offered him. No doubt is held at the State Depart ment but that the affair has been satifac torily arranged before now, the decart ment taking no action whatever. A THIEVING BANK CASHIER. After Thirty- Four Years' Service He Quits $12,000 Short and Mysteriously Disappears. BETHLEHEM, Pa., Feb. s.— For fifteen years Cyrus E. Breder, cashier of the First National Bank of Bethlehem, has been re garded as an upright and honorable man, but his honesty was a cloak, and he is now a fugitive from justice, with a short age in his accounts at the bank of $12,430 86. When the First National Bank was organized, thirty-four years ago, Breder began with it as a clerk. By steadiness and capacity in fourteen years he had worked his way up to cashier. For rive years, after becoming cashier, he appears to have been perfectly honest. Then he took a nominal sum of money with tbe probable idea of returning it. It was the old tale over again. He never returned the lirst money taken, and throughout the last fifteen y^ars has been taking small sums at a time until his shortage readied over $12,000. Hopeless of ever b;ing able to replace the sum, and probably knowing that de tection could be little longer avoided, Breder last Tuesday told his wife that he had resigned from the bank and was going to New York to accept a position there. Since then nothing has been heard of him. 1J Is absence from the bank ied to an in vestigation of iiis accounts, and it only took an accountant an hour to-day to dis cover the extent of the absconding cash ier's peculations. Breder received a salary of $150 a month. Ihe Dolphin Ordered South. WASHINGTON, D. C, FeD. 5. — The Dolphin has been ordered to Charleston, S. c, to join Admiral Bunco's fleet there. She will arrive on Sunday. AMENDMENT TO CONTEMPT LAW An Interesting Measure Is Introduced in the Legislature. Places Sta'e and Federal Courts on the Same Plane as to Criticism. Judge Catiin's Rulin; Causes Action by the Free Press Defense SACRAMENTO. Cal.. Feb. s.— There was introduced to-day in both, houses of the Legislature the following constitu tional amendment: Section 9. Every citizen may freely speak, wr lie and publish his sentiments on all sub jects, being responsible for the abuse of that right; ana no law shall be passed to restrain or abridge the liberty of speech or of the press. [Xo speech or publication reflecting upon or concerning any court or any officer thereof shall -be treated or punished as a contempt of court, unless made In the immediate presence of such, court while in ses sion and in such a manner as to actually interlere with its proceedings.] In all criminal prosecutions for HheU the truth may be given in evidence to the jury: and if it shall appear to the jury that the matter charged as libelous is true and was published with gooil motives and for justifi able ends, the party snail be acquitted, and the jury shall have the ripht to determine the law and the fact. Indictments found or infor mation iaid for publications in newspapers shall be tried in the county whore such news papers nave their publication office, or in the county wnere the party alleged to be libeled resided at the time of the alleged publication, unie«s the place of trial shall be changed for good cause. The amendment consists of the follow ing inserted in the present law: No speech or publication reflecting upon or concerning any court or any officer tnereof shall be treated or punished as a contempt of court unless made In the immediate presence of such court while in session, and in such a manner as to actually interlere with its pro ceedings. *• This language is the cist of the Barry contempt law of IS9I, and is an exact copy of the Federal statute now governing all the Federal courts of the United States. It would seem, therefore, that no reason able objection could be offered to it as a law for the government of the courts of the State of California. The measure was formulated by the Free Press Defense league of San Fran cisco, of which Hon. James G. Maguire is president and James H. Barry, editor of tbe Star, secretary. The necessity for the introduction ot this constitutional amend ment al this time is indicated by the fol lowing statement of facts: Judge A. P. Catiin of the Superior Court of Sacramento County, in a recent decision rininc the editor of the Sacra mento Bee $500 for a criticism of the court made in the newspaper, declares that the Barry contempt law of 1891 is un constitutional. An appeal in the matter was taken to the Supreme Court of this State and a de cision, under the ninety-day rule, is due this month. It is highly probable, how ever, that such a decision will not be given until after tne adjournment of the Legis lature, and that, if it upholds the view of the law taken by Judte Catlin, there can be no protection for newspaper publish ers or the public generally in this matter of contempt until the convening of the next Legislature. The action of Judge Catlin, as above referred to. drsw forth an almo«t unani mous expression from the Dress and the public of this State, which resulted in the reorganization of the Free Press Defense Leaeue of San Francisco (which obtained the passage of the original Barry act) and the formulation by it of the present measure. It covers fully the ground, insuring ample protection to every citizen who criticizes "the acts of a Judiie, whether he does it by speech or through the newspaper, acd it should, therefore, meet the hearty support of those who have already expressed them selves on this subject. More Trouble Brexcintj in Oklahoma. GUTHRIE. 0. T., Feb. s.— There are indications of serious trouble at Mangum, Greer County. The bill recently passed caused a grand rush, and every lot not occupied by a building has been "jumped" and is being held down by men with Winchesters and six-shooters while the original claimants who laid out the town under the laws of Texas are making ugly threats. Express Offic* Robbed of Silver Bar: ST. LOriß, Mo., Feb. 5.— A special from Duran^o, Mexico, says that two bars of rohned silver, valued at $10,000, were stolen yesterday from the office of Wells- Farco express, in that city. The employes claim it was stolen while the ollice was do«ed. There is no clpw to ihe roDb°rs. JOY'S INDORSED. Mr. Theodore St ■ eke Declares Joy's Did Him a World of Good. Joy's Sarsaparilla Will Cleanse the Blood. MR. T. STACKE. Mr. T. Stacke lives at the Santa Rosa Hotel, corner Fourth and San Pedro streets, Los Angeles, Cal. He has used several bottles of the native sarsaparilla, and is now convinced Joy's Vegetable Sarsa- parilla is best, "for," said he, "when I be- gan using the Sarsaparilla I had a desire to rest all the time. My blood was dis- ordered, my tongue coated. At times, just for a moment, my head swam ; I was not the least bit dizzv. I knew my needs and determined to use a bottle of Joy's Vegetable Sarsaparilla. I easily procured the first bottle, and after using for six days felt better in every way. When I bought the second bottle I had a little trouble in getting it. The drug clerk tried to talk me into using something else. I knew what I wanted and insisted on getting Joy's Vegetable Sarsaparilla. I am heartily glad I bought the remedy and will gladly recommend it to any one. Joy's is cer- tainly fine." Don't let the drug clerk talk you intobuving something else for Joy's Vegetable Sarsaparilla. HEW TO-DAT. (Mir Is one of the most common and most an- noying ailments that afflicts- American people. It is an inflammation of the mu- cous membranes, either of the head, throat, stomach, bowels or bladder. The most common form of catarrh is in the head. It is attended with many repulsive features, such as copious discharges from the nose, an offensive breath, constant hawking and spitting and a variety of other symptoms too well Known tore- quire detailed mention. Catarrh if neg- lected becomes chronic, and in its chronic stage it is dangerous, as it very often leads to consumption with the usual fatal end- ing of that deadliest of all diseases. Catarry yields readily to the Electro- Medical treatment given at tlie STATE ELECTRO- INSTITUTE, and the worst chronic cases, no matter of how long standing, are invariably cured by this treatment. It cures and has cured in hundreds of cas?s where other remedies and treatments failed to give even tem- porary relief. If you have catarrh do not any longer remain a victim of such a disagreeable, painful, troublesome and often fatal dis- ease, when you can obtain immediate re- lief and be permanently CURED By the great Electro-Medical treatment given at the Institute. This marvelous electro-medical treat- ment is creating a tremendous sensation among the people of this coast because of the remarkable cures it is daily effecting, and for this same reason it is stirring the medical world as no discovery of recent years has stirred it. There has not been a single failure to cure in any case where the treatment has been given. X pay EXAMINATIONS. If you "lift ¥ are sick or ailing, if you want to know what is the matter with, you, and if you want to be cured, you should resort without delay to the STATE ELEC- TRO-MEDICAL INSTITUTE. The Insti- tute TREATS AND CURES Diseases of the Heart, Brain and Nerves, Blood Dis- eases, Rheumatism. Cancers and Tumors, Catarrh, Kidney Diseases, Throat Dis- eases, Stomach Disease?, Diseases of the Liver, Bowel Diseases, Eye Diseases, Ear Diseases and all Diseases of Men and Women. . WRITE if you cannot call at the In- stitute. Describe your troubles by letter and the doctors will advise you what to do. Strictest confidence observed. STATE ELECTRO-MEDICAL INSTITUTE NEW CURE FOB ALT. DISEASES. Located at the Corner of Market, Powell and Eddy Street3, ENTRANCE 3 EDDY STREET. San Francisco, Cal. It. A. Berteltn; I'res. H. Nordman, Vice-Pres. A. \V. Kirk, Sec. Jos. ISordraan, Treat. 427 KEARNY STREET. Is the very best place to have your eyes examined and fitted to glasses with instruments exclusively our own, whose superiority baa not yet beoa equaled. We- have no rivals. We value oar reputation; we guarantee satisfaction, and depend solely upoa the merles of our work lor success. THE PAINTER HAS REMOVED TC 573 /HISSION .ST. DR.MCMLTY. ri^HIS WELL-KNOWN AND RKLtABT.E OMi ■M. Specialist cures Private.Nervons.llloodaiidSktn Diseases of Men only. Manly Power restored. Over 20years' experience. Send for Book, free. I'utientM cured at Home. Terms reasonable. Hours. 9 to 3 daily;*):*) toS.:»evVs. Sundays. 10 to 12. Consulta- tion free and sacredly confidential. Call or address P. KOSCOi; JlfXriiTT, K. I>., 26'« Ko.-niij Street, Kan Franviico, Cnl. •^»»^ DR. YIROHOW'S |p|p||fe ELECTRIC BELT, Uaromftft "V^iTf J By 50 per cent the best Belt made, Has cured '%^w(v^ more people than all i|&> other belts combined. (aji You might as well ***» have the best, as it costs no more. Call or address THE YIRCHOW ELECTRICCO, 100 Stockton St., SF 1 Tpermanent ' CURE I 2 of the most obstinate cases of Gonorrhoea and 5 C Gleet, guaranteed In from 3 to 6 days; no 5 C other treatment reqnlred, and without the nau- 5» C &eattnjr results of dosing wtthCuliebs, Copaiba V C or Sai»dal-Wood. J.Ferre & Co., (<succe*sorB to > < Brou\, Pharniacien. Paris. At all dnifrplsts. < gP3 Oblehcater'a r.ncllnh Dlanecrt Brand. f ENNYRQYAL PILLS ENNYROYAL PILLS P j iSTIJ Original «nd Only Genuine A / rt"o\ •* . *lw»« reliable. LADIES Uk e£\ At/7J _S*K<M. Dn>l«lrt for' Chteheiteri K-naiish />io>BV^ |f*MirT|jßC\'no»ii Brand In Red and (-old meuliic\\W j2k OfcJygboxM. er&led with bine ribbon. Take \5/ jn O4» vMno other. Refute dangtrotu tulitlff V I / • und imitati'mw. At Drajeisti, or tend 4e. I*• t J[ in tutmpi for particular!, tciiUcMSiali and 1 \9* 0 "Belief for Ladles," in Utw. br rvtvra -\_ AT HalL 0.000 TntlnuDial*. .Von' Pay*. . ,ZTT~J < J "lehe»terCfce»»lc«lo<»>»Jtt»dliionB«u»r*» totl to «!! Lo«»l lir , U i,u. I*UUd*«-. *»«D 9 < z& Qi $\ 9W 1 'zj & hs4 9 I VlllUC Vnil "^ro Tnroat, rimpies. Coppcr-JSj |»i1A?!I TUU colored Spots, Ache.;, Old Sores.aj Mil leers 'n Mouth, Hair-l'alllngl Write COOK© Ip KE!kIEDY CO., QO7 52a«onic TemplefDl KChlcapco, 111., for proofs of cures. Cap!- V ■Htul, S.">-i>O,vAK>. Worst cases cured in 1G rc to St!i days. 100-p>ifie book free. » MARKET ST.S.F.^m^ NOTARY PUBLIC. pHARLKS H. PHILUI's. - ATTOUXEY-AT- \J Law and Notary Public, 638 Market si., oppo- site Palace Hotel. Telephone 570. Resilience lttfd lell street. Telephone •• riuo " 2591. 3