The San Francisco call. [volume], September 18, 1897, Page 14, Image 14

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

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14
OUSTED GET
NO COMFORT
IN COURT
Writ of Review Promptly
Denied by the Supreme
Tribunal.
OMY HOPE RESTS OS APPEAL
New Supervisors Settle Down
to Heroic Work on Munici
pal Estimates.
OLD rATROIIGE SLATE SHATTERED.
The Outcast Supervisors Make a Sorry
Show of Transacting Public
Business.
The outcasts of the old Board of Super
visors are listening around ihe committee
room of the board aud trying to make a
show of transacting public bu-iness. The
Supreme Court decision yesterday was a
hard blow to the ousted. There is yet the
slender hope of appeal and a final decision
two years hence.
The new Supervisors held three long
sessions yesterday and did some heroic
work in reducing School Department esti
mates and lopping off extra clerks. •
The indications are that the tax levy
will be passed to-day and sent to the Au
ditor next .Monday.
sy
STILL CLAIM TO
BE SUPERVISORS
Members of the Old Board
Held a Health and Police
Committee Meeting.
In spite of the decision of Judge Wallace
and the backing of the Supreme Court, the
deposed Sup3rvisors did business at the
old stand yesterday. Supervisors Devany,
Delany and Rivers met as a committee on
health and police, and transacted business
of minor importance, merely to show that
they still laid claim to their offices.
They announced that they would meet
again this morning to go on with the con
sideration of the tax ievv.
. •♦■ _
THE NEW BOARD
AND ITS LEVY.
Estimates Upon Which It Is
- V- -v yy i
Made — School Expenses j
Cause Alarm. !
Tbe new Board of Supervisors rev**ls in
figures, and tbe task of formulating a tax
levy seems to be to its liking. W ben the
board met yesterday morning and re
solved itself into a committee of the
whole, with Mr. Denman in the chair,
Supervisor Barry was the only absentee
recorded.
No lime was wasted in settling down -to
business and no opportunity lost to slab
estimates furnished by the Auditor or
made by the representatives cf various
branches of the municipal government.
The first matter taken up was the Fire
Department estimates. Chief Sullivan
was en hand to support the claims oi the
department. Last year $674,000 was ap
propriated. As the Legislature increased
Fire Department salaries to ihe extent of
$114,500, tbe board, aiter considerable dis
cussion, estimated thai $769,000 would be
necessary to conduct tbe department the
coming y**ar.
The Mayor stated that the Chief had re
ceived assurances from insurance compa
nies ibat rates in the business section of
the city would be reduced 10 per cent if
the paid Fire Department, as provided for
by the Legislature, was established. Clerk
Russell was instructed to communicate
with the underwriters about the matter.
Superintendent W. R. Hewitt of the fire
alarm system wanted many things, but
was allowed but lew. He desired to spend
$51,000 for .-■ station in the City Hall
dome, $18,080 for maintenance and $49,000
lor salaries.
Supervisor Clinton could not see any
joke in spending this amount of money,
and on his motion the whole appropria
: ion for fire-alarm purposes was set at $4.">,
--000. Of this amount $10,000 is to be ex
pended in the work of placing wires under
ground.
Dr. J. M. Williamson, superintendent
of tbe County Hospital, was the next offi
cial to appear DeJore the board. The doc
tor warned an appropriation of $113,816
on which to co-duct the institution. Last
year $95,000 was allowed. Chairman Den
man said that when he was a Supervisor
several years ago $80,000 was considered
sufficient for the institution. Supervisor
Rottanzi favored an appropriation of $80,
--000, declaring tbat there was always a
great deal of money wasted at tbe hospi
tal. All of the Supervisors said they
favored a liberal appropriation for the hos
pital, hut they wanted to be certain that
the inmates would derive the- benefit of it.
jew to-dat:
Blood
Humors
Whether itching, burning, bleeding, scaly,
crusted, pimply, or blotchy, whether simple,
scrofulous.or hereditary, from infancy to age,
speedily cured by warm baths with Coticura
Soap, gentle anointings with Ccticcra (oint-
ment), tho great skin cure, and mild doses
of Coticura Resolvent, greatest of blood
purifiers and humor cores.
(pcura
. It-mid throughout the world. Fori* Deco ajdCeim.
Coup., Sole Props.. Boston.
OS" "How to Cure Every Blood Humor," free.
CMP!.* UIIMnDC Fnllin-r Hair and Baby Blera-
TAWU nUIYIUiIO Ufc-M cured by Cciic***. Host.
After the board tired of discu-sing the
matter, Clinton's mot on that $5000 be
allowed for repairs and $90,000 for mainte
nance and salaries was carried. A recess
was tben taken until 2:30 o'clock in the
afternoon. During the recess 'he new
City Fathers visited Governor Budd at
the Palace Hotel.
Chief of Police Lees appeared at the
opening of the afternoon session. He
proved a successful advocate for his de
partment. Everything he asked for was
granted, and the board even went fur
ther. He was allowed $7200 for contin
gent expenses. $6000 for rents and repairs
of station-, $29,500 for police-patrol ser
vice, and $718,614 for *>alaries.
He informed the board that a great deal
of money could be saved the ciiy by
stabling its own horses, and suggested the
building of a newstmion-house and stable
on a big piece of city property at Eight
eenth and Folsom streets. Tbe board
favored his suggestion ny allowing $50,000
for the buildings desired.
Captain Reddy appeared In behalf of the
Almshouse and asked that $SO,OOO be set
aside for it. He declared $77,500 insuffi
cient. After a bit of discussion Mayor
Phelan asked about the duties of the in
spector of the poor. This is the position
created by the last board for ex-Supervisor
E. C. Wagner.
The duties were not defined to the satis
faction of the Mayor. He declared that it
should be abolished. As Wagner is draw
ing $100 a month, the Almshouse appro
priation was set at $78,8C0. Tbe Board of
.supervisors would b.ve allowed the $SO.
--000 asked, if the Board of Health, which
created the office of inspector of the poor,
won Id abolish it.
School Director Waller wanted money
galore for the School Department. As
chairman of the Finance Committee of
the Board of Education, he furnished the
Supervisors with tbe estimates. Tne
amounts he asked for were excessive in
every particular. If $500 was needed for a
certain purpose, he would ask for $1000,
and take chances of the board allowing
bis claim.
He maintained that the School Depart
ment could not get along with a cent less
'nan $1,13*2,045 for the salaries. Chairman
Denman contended that too many teach
ers were being employed. It was shown
that thirty-six substitute teachers are em
ployed at a salary of $10 a month, and
that they only labor on an average eight
days in a month. School Superintendent
Webster admitted that the number of
substitutes could he reduced to fifteen
without in any way crippling the depart
ment. He also declared that many classes
could be consolidated, thus saving money
to the city. Denman stated that there
were 100 more teachers in the department
than were needed.
On Supervisor Clinton's motion the
salary estimate was fixed at $1,122,000, a
cut of over $10,000 on the amount asked.
Before the motion carried the Board of
Education was warned not to create a de
ficit by applying this money to any rur
pose but that of paying salaries. The
Mayor had the one-twelfth act read, and
addressing Walker said: "We have in
voked the law and we find you can be im
peached for creating a deficit. This
money must not be squandered on sup
plies."
For a board of examiners of the School
Department $900 was allowed. Waller
asked $0000 for stationery for poor chil
dren ana $5000 was allowed. He wanted
$1800 :or drawing paper and got $1000.
He siasgered the board by asking ror
$25,000 for furni.ure for the Mission High
School. No lime was wasted in cutting
it to $12,500. Another poser was a request
for $X) 00 i.ir jaijitois' supplies. This was
cutios2oCo For the purchase of globes
and maps $3750 was asked and $2000 al
lowed. The board thought $300 won of
postage stamps would do the department
instead of $360 worth.
For fuel $0000 was allowed, and for tele
phoning $805. Supplies tor cooking classes
was cut from $2000 to $1000, advertising
from $500 to $100, lighting evening schools
from $7200 to $5500, printing from $3300 to
$2500, expenses 'or school census from
$6500 to $5000, incidentals from $2000 to
$1.0 i. nainting and whitening from $17,000
to $9000.
Tlie board thought the City and County
Attorney could look afier the School
Board* legal affairs, and refused to allow
(1000 for counsel fees.
For repair : ng roofs, planking and bi
tuminizing $36,000 was allowed. For hand
ing alditionai schoolrooms $23,000 was
asked, but only $5000 allowed.
Director Waller wanted only $86,000 for
the replacing of old vaults with sanitary
clorels. Only $3000 was granted. The
next sum he wanted was $2000 for new
furniture for the rooms of the Board of
Education. The sum was not allowed.
When Chairman Denman beard the re
quest for $2875 for electric fire gongs he
nearly fell into a fit. "We have got
along about forty-seven years without
them," said he, "and I think we can tret
along without them for a while longer."
It was not allowed. The request for $2400
for physical culture instructions was also
denied.
The board, acting on the fleures of Su
perimendent Webster, allowed $90,500 for
permanent improvements. Most oi this
money will be used in enlarging and build
in.: the Buena Vista, Richmond, Madison,
Sutro. Sunny si !e and Mission - road
schools.
The slashing of estimates continued
through the evening session. The Asses
sor asked for $75,000 for the payment of
extra deputies. The application occa
sioned Supervisor Clinton to say that the
Assessor had willfully presented corpora
lion** witn $250,000, and then desired
$75,000 to pay depntie*- to go among the
poorer classes and assess their property at
its mil value. He stated that the property
of the Marvel-street Railway Comoany
was worth $20,000,000 yet it was assessed
for oniy $4,500,000. Chairman Denman
could not understand why it required two
deputies to visit a house for the purpose
of leaving an assessment blank. On
Barry's recommendation the matter was
laid oyer until to-day in order to give the
Assessor an opportunity to make an ex
planation.
County Clerk Curry asked $133,000 for
extra deputies in his office. Mayor
Phelan declared that by law he was only
entitled to $68,400. He said the clerk was
making extra appointments by virtue of
the act of April 2, 1880, and the act of
February 14, 1891. The latter applies to
cities and counties having over 125,000 in
habitants. He said the acts were void. A
motion was then made allowing the clerk
$75,000.
The District Attorney asked $21,803 for
the payment of deputies. The Mayor de
clared the »xira deputies were appointed
in the District Attorney's office by Virtue
of the ac: of March 2, 1891, and that it was
void.
He said that $14,300 was all that he was
entitled to, but on motion sl7,soo was al
lowed. '-^S&SSj
The board refused .to appropriate $1200
for a Game Warden and $1800 for a Gas In
spector. It is hardly likely that anybody
will now app y lor ibe positions.
The estimate called for $27,500 forjjani
tors' salaries. After considerable argu
ment it was reduced to $25,000. A janitor
at $900 was cut off the estimate for the
J usi ice-' Courts. Tlie Mayor favored tbe
cutting down of the force of deputies in
the License Collector's office. He favored
reducing the force from thirteen to nine,
and his recommendation prevailed. This
saves the city $4800.
The board thought it should practice
economy in its own office, so it shortened
the staff of clerks and reduced the salaries
of several, saving $3300. Clerks Farquar*
son, Thompson and Ryan were allowed
$150 a month and Clerk Tomaltv's salary
was cut to $125 a month. Three other
clerks were provided for at $100 a month.
They bad been receiving $150 a month.
Dr. Morse appeared before the board in
behalf of the Board of Health. He asked
$125,000 for that department, and Super
visor Rottanzi objected to many items in
bis schedule. V
Finally a committee composed of Rot
tanzi, Britton and Biggy was appointed
to investigate the needs of the depart
ment and report to ibe board to-day.
All salaries of city officials and clerks
that were provided by statute were of
course left alone. . ■". ...
As soon as a motion w.- s made to ad
journ until this morning Supervisor Rot
tanzi arose and .'presented /a- resoluti >n
which occasioned a storm, and leu to tbe
THE SAN FRANCISCO CALL, SATURDAY, SEPTEMBER 18, 1897.
majority of the board intimating that as
soon as the opportunity pres-nted itself
the heads of nearly all of Boss Rainey's
men would (all to the basket.
The resolution was to the effect that the
board would not remove any employee of
the city government except for cans c. It
was tabled by a vote of 6 to 4. Tno se in
favor of tabling were Dodge. Dresba eh,
Fort man, Biggy, Clinton and Denman.
The Mayor in speaking of the resolu
tion said, "It is not our desire to perpetu
ate in office men who owe allegiance to a
political bos?."
NO HELP FOR
THE OUSTED.
Writ of Review Applied For
by the Old Board of
Supervisors. .
The ousted Supervisors were defeated
in tbe Supreme Court yesterday. They
hoped to procure a stay of proceedings by
a writ of review, bnt the court promptly
denied the application. Meanwhile they
are making a show of exercising official
power by holding sessions in the commit
tee loom adjoining the clerk's office of the
Board of Supervisors. Tbey handle
petitions and sign demands for several
sums of money, but there is no sign that
either the Auditor or Treasurer will pay
any attention to demands so allowed.
If the intrusion of the ex-members at
the office of the board should become an
unbearable nuisance, steps may be taken
to deny them admittance.
The writ of review asked for has been
denied. All that now remains is a direct
appeal. Even if the transcripts are riled
at once and the proper forms gone
through with it is doubtful if any de
cision would be had for two years.
A powerful fact in connection with the
case is that the new board are de facto of
ficials, engaged in the performance of their
duties, and all acts or measures taken by
them cannot fail to be reco<rniz-*d as valid
by the Supreme Court. The old board is
dead.
The Supreme Court, in denying the
writ, had this to say:
The petition for certiorari to review the
judgment of the Superior Court removing the
Board of Supervisors of the City and County
of San Francisco from office in a proceeding
under the provisions of the act of March 7,
1881 (Stats, ol 1881, p. 51).
The writ must be denied. The facts alleeed
disclose no excess of jurisdiction, and error
in the proceedings, not involving excess of
jurisdiction, if there was such error, cannot
be reviewed by certiorari.
Ex-Sup-rvisor Haskins said last even
ing that it makes no difference whether
the Supreme Court has denied the writ of
review or not, the battle for the old board
to hold their positions would be carried on
for ten years if necessary.
"We have got no stay of proceedings in
the matter," he said, "but that makes no
difference at all, because our appeal to the
Supreme Court will doubtless be filed in
the morning, and I understand from our
attorneys that it will act as a stay of pro
ceedings itself. It was a foregone conclu
sion that Wallace would decide as he did,
and we were prepared for it.
"The affair is all the maneuvering of the
Mayor, and we have get into this trouble
simply from following his advice. That
Judge Wallace was also concerned in it is
shown by the fact that the Mayor placed
the name of Nougues forward lor appoint
ment." *
IROQUOIS CLUB
COMMENDS BUDD
Decides to Celebrate the Undo-
ing of the Supervisors in
Mass-Meeting.
The Iroquois Club met last night and
decided to celebrate the undoing of the
late Board of Supervisors. A mass-meet
ing for that purpose will be held next
Wednesday evening in Metropolitan
Hall. James J. Flvnn, Max Popper, J.
H. Dignan, Hugo K. Asher and William
McMann were appointed to act as a com
mittee of arrangements.
Several speeches were made denunci
atory of the late solid eight, and a stirring
resolution was adopted, in which Governor
Budd and Mayor Phelan were congratu
lated for selecting Messrs. Dodge, Clinton,
Rottanzi, Ltckmann and the other promi
nent cit;zsns to make up the new board
and "emancipate tbe city from thrall
dom, bosßism and boodleism." Judge
Wallace ana Georgo K. Fitch were aiso
complimented by resolution.
THE DRAW IN LAW.
Interesting Decision Rendered
by Superior Judge
Belcher.
The Contract Is Not Complete by j
the Fighters and Bettors Can
Recover Their Money.
Harry Corbett will probably be com
pelled to repay Jacob Werner the $480
which he recently wagered on the
Sharkey-Maher fight, which turned out to
be a draw.
When Werner brought his suit a de
murrer was interposed by Corbett in
which he said that Werner could have no
recourse at law, because the contract he
entered into when be placed his money
on the light was unlawful, as against pub
lic policy; the contract being void, be
contended that Werner could not recover
the money.
Werner responded that as the match
resulted in a draw the contract had not
been completed and that . he had the priv
ilege of withdrawing from the agreement
at any time he chose to do so.
In passing upon the demurrer Judge
Belcher held that Werner's contention was
good, as in law it was necessary to com
plete the contract, that the subject-matter
of tbe contract should be completed and
the result be publicly announced.
. "In the case at. bar the result had not
become generally known," said Judge
Belcher, "lor the contest was a 'draw' —
that i?, neither party won. In law the
averment ii tantamount to .an allegation
that there was no contest, and so, logi
cally, there was not, because no result
was announced."
Corbett bas the privilege of amending
his complaint if he shall be advi ed so to
do, but attorneys generally consider that
Judge .Belcher's ruling on the demurrer
was the litigation so tar as the Superior
Court is concerned, and a Supreme Court
decision will be required to establish the
law on this point in gambling.
Ex-Queen -.■■iiiijj to Church.
Ex-Queen Liliuokalani will attend the First
Congregational Church, coruer of Post and
Mason streets, . to-morrow . forenoon at 11
o'clock. She accepted last', night the invita
tion tendered her by the s-creiary and several
members of the cougrecatiou constituting a
committee from the church. - The sermon will
be preached by the pas' or, the Rev, Dr. George
C- Adam*.. This will De the first time the ex
ruler of Hawaii has appeared tn public during
her present stay here. '
Hurt at the Chutes.
Lydia C. Hinckley has sued the Paul Boyton
Chutes Company for $6000 damages on ac
count of serious injuries: which she received
at the defendant's pi." of amusement on the
17 i uoi September, 1800.... -*,~f.
Mrs. Seabrooke and William West,
of the Tivoli, Who Are En
gaged to Be Married.
CUPID ON THE
TIVOLI STAGE
Elvia Crox and William
West Engaged to Be
Married.
The Lady Has Commenced Suit
for Divorce From Thomas Q.
Seabrooke.
The Fair Fiancee Will Leave for the
East on Monday to Fulfill -an En
gagement in Philadelphia.
Elvia Crox Seabrooke. who for the last
season has been enchanting the audiences
at the Tivoli Opera-house, by her clever
work, yesterday commenced divorce pro
ceedings against her husband, Thomas Q.
Seabrooke, and just as soon as her divorce
is granted she will marry William West,
also of the Tivoli.
This application for a complete divorce
bas been expected for some time past, in
fact it was at one time stated that she was
about to seek freedom in order to marry
Ferns Hartman; however, as Mr. Hart
man already has a wife and child in tbe
East the rumor fell through, and Mrs. Sea
brooko laughed in her sleeve, for the track
was lost, and nobody except their closest
friends suspected that the happy man
would be West and not Hartman.
When seen by a Call reporter yester
day, Mrs. Seabrooke admitted the soft im
peachment. "Yes; you can say that Mr.
West and myself will be married as soon
as I can secure my divorce. 1 have insti
tuted proceedings here and will do so in
the East as well. You see my season is
over here this week and I will leave for
Philadelphia Monday to fulfill an engage
ment with the Castle Square Opera Com
pany. After that, if the gods are good to
me and 1 get my divorce without any
trouble, Mr. West will join me somewhere
out of this State and we will then be mar
ried.
"The only trouble I anticipate is that
Mr. SeabrooKe will turn stubborn and not
allow me an absolute divorce. You see I
would not allow him one wben he wanted
it and he could not get it without my con
sent, for we are both Catholics. How
ever, I don't think there will be much
trouble on that score. I suppose you
heard the rumor that Mr. Hartman and
myself were engaged to be married.
Wasn't it funny? How we laughed over
it! Why, Ferris Hartman never paid me
any particular attention that I am aware
of, and to pair us off was the silliest thing
I ever heard of. '
"How. I shall hate to leave California,
San Francisco in particular, for I- have
been so happy here. I little thought that
I should find my fate waiting '■■ for me way
off here, but I did, and now I'm so very
happy. Will is a lovely fellow, and < so
clever, don't you think so? Every one
does. Well, I must leave you now. If I
don't see you again before I go, good-by. "
And smiling happily she vanished down
the street. _ _
West has been at the ; Tivoli for some
time past, and is exceptionally clever.
Mr-. Seabrooke, or Elvia" Crox as the
programmes have it, has in tbe East been
exceedingly successful in soubrette roles.
During the grand opera season here, how
ever, she has astonished even her best
friends by the good work she has done in
prima donna work. It has turned her
mind to more serious work, ana after her
marriage witb Mr. West she intends to
save her money and go to Europe to study
for heavier opera.
, Both West and Mrs. SeabrooKe are
very popular with their lellow-artists and
have a host of iriends who wish them all
the happiness in the world. The only
regret is that the wedding may not take
place in this city. .It has been. a lone time
since there has been a 'Jivoli wedding..
Not since Phil Branson and Tillie Salin
ger were married, but the divorce laws. in
this Stale are too severe, the legality of
tugboat marriages -has {been questioned
and so the nearest place would be across
the line into Nevada. So some bright day
the Tivoli may shut up shop for a day and
the whole company immigrate to Carson.
The Wasp This Week.
Tne special edition of the Wasp this week
relates particularly to the - mire lood move
ment in connection with home industries.
There are a large number of : beautiful photo
engravings pertaining to this movement, with
portraits of gentlemen who have taken a
prominent part in its inauguration and ad
vancement. The -usual ' amount of " vigorous
editorial comment on the topics of ' the day,
including the Fair-Craven- case, the Board of
Supervisors, etc., is given, while the cartoons
of Governor Budd, Captain Jenks of the horse
militia and other subjects are both clever and
timely. -.■■,!■.:.:-.--...■■-
A. M. LAWRENCE
MUST APPEAR
Summoned to the Police
Court on a Charge of
Criminal Libel.
The Writ of Prohibition Issued
by Presiding Judge Sea- -
well Dismissed.
Various Pretexts by Which the Ac
cused Obtained Five Weeks'
Delay.
Five weeks ago A. M. Lawrence of the
Examiner was arrested for criminal libel
on complaint of Claus Spreckels. The ac
cused was arrested and brought to the
Police Court for examination. Attorneys
employed to defend him contended that
it was not necessary that the accused
appear in the Police Court during the ex
amination. Judge Campbell ruled that the
defendant must be present, as the law re
quired witnesses to be examined in tbe
presence of the defendant, and so rave
notice that bail would be forfeited if Law
rence failed to attend. The attorneys
promised to have him there, but imme
diately made a rush to the presiding Judge
of the Superior Court, and on some kind
of a showing obtained a writ of prohibi
tion to restrain Police Judge Campbell
from forfeiting the bond. ,
Grove L. Johnson at once petitioned to
have the writ dismissed, but Judge Sea
well would not bear ar. ument on the pe
tition. He assigned the case to Judge
Wallace, who did not . want to hear it.
Lawyers Knew that it was tomfoolery to
stop a Police Court trial in this fashion,
but the proceedings were arrested all the
same. On one pretext and another the
case was postpone:! from time to time in
Judge Wallace s court at the request of
Lawrence's attorneys. On Friday of Inst
week Judge Wallace lost patience and
told the lawyers of Lawrence that the final
argument would be beard and the case de
cided on Friday, September 17- Yesterday
when ' the case was called A. J. Clunie,
counsel for Lawrence, seeing tbat no more
delay could he secured in that court, con
sented to a dismissal of the writ.
The last postponement was granted on
tbe plea that Mr. McEnerney desired to
-rile an amendment. The time went by
for the tiling and no amendment was pre
sented. Mr. Johnson could have gained
his point by the default of the Examiner
counsel, but he was willing that the court
should decide the question on its merits.
The dismissal of the writ leaves the case
where it stood when Judze Campbell or
dered the defendant to come into court.
The examination of Lawrence for crimi
nal libel will now be resumed before
Police Judge Campbell.
It is estimated that in England one
woman in every six earns her own living.
NEW TO-DAY.
mnmin w-«n win win speak
lul_ 01 Alt. JUDGE WALLACE'S
'Edited by James BARRY. COURAGE!
Fearless Frank and to. ■ oakla «* 1 vvater Front!
— Surpassed in Depravity!
5 CENTS. — V V
subscription -* - - $I.so Year. Eight "Solid Traitors"
«9 Montgomery st', Manager, rpi 118X611011 !|, m m l
429 .Montgomery St., San I rancisco. ■UC UttMJUVII '1111111 I JS.
And All the Live Topics of the Day!
z'zyyyyy. _ 1 -*»
GEORGE GRAYBILL
AN HONEST MAN
Untrue Accusations Against
Him Withdrawn by
Dr. ; Pepper.
I .
Surprise of a Litigant Who
Came From Los Angeles
to Press a Suit.
Bad Mistake Made in an Important
Action at Law Charging Con
spiracy and Fraud.
Dr. C. T. Pepper of Los Angeles came
to San Francisco yesterday in order to
press an important lawsuit, but instead j
he found it his duty 10 dismiss the pro i
ceedings altogether. The action was in- •
stituted to recover $13,000 from George D. i
Graybill of this city, which it was al- i
leged in the complaint bad been obtained ,
from the plaintiff by conspiracy and !
fraud, the other defendant being John W. i
Kapus of Los Angeles, but who did not r
appear to be able to respond financially,
though he had recently been possessed of
a considerable sum of money.
Kapus was formerly an employe of the
, Pacific Coast Steamship Company and be
came acquainted with the signature of
some of the officers. Soon after leaving j
the company he began to offer for sale >
certain alleged certificates of indebted- j
ness that purported to be issued by the i
Pacific Coast Steamship Company, and in j
order to give the paper backing Kapus in- |
duced a man who represented himself to
be S. C. Vincent to go to prospective pur- I
chasers and tell them that the investment j
was sale and regular.
Vincent went further, for he indorsed
the papers "0. K." and signed the firm ■
name of Goodall, Perkins & Co., and told
ail who applied to him thai he had issue 1
the certificates and that they would be
paid in a short time.
It was not until the two men, Kapus
and Vincent, had cleaned up nearly $70,000 j
that inquiry was made at the office .-l the j
company and it was found that the papors j
were actually worthless. Then there was ;
a big row and Dr. Pepper, who was bard |
hit, came to this city and did some detec- I
tive work op his own account. He found •
out that George D. Graybill was formerly !
employed by Goo all, Perkins & Co. and |
obtaining a description of Mr. Graybill
! made up his mind that he was the person j
| who had at peared in Los Angeles under j
the name ol Vincent. Acting under this |
■ impression he employed Attorneys Staf- j
j ford & Stafford and began suit to recover !
i the money, at the same time attaching I
I two lots owned by Mr. Graybill worth >
' $8000.
All the papers of the State bad extensive i
i telegraphic accounts of the leiral proceed- '
j ings, the story coming from Dr. Pepper's
! home in Los Angeles. By this means in- i
| formation reached Matt 1. Sullivan, of the
' firm ot Sullivan & Sullivan of this city, ]
! ana Mr. Sullivan at once called on Staf
ford & Stafford to tell them that a big
mistake had been made.
"Mr. Graybill is one of our clients and
at this moment is employed by a mining
company in Lander County, Nev.." said
Mr. Sullivan. .He also added that Mr.
Graybill had not been .in Los Angeles for j
four years.
Dr. Tepper was incredulous and at last j
it was agreed that" the two men should ;
' meet, so yesterday Dr. Pepper came up I
j from Los Angeles and Mr. Graybill came j
: over the mountains from Nevada. In ]
company with his attorney Mr. Gray Dill j
went to the office where Dr. Pepper and i
his lawyers were waiting. As soon rs i
Dr. Pepper saw Mr. Graybill he exclaimed: j
"That's not the man."
Mr.'Graybill is so well known here that I
his identity cannot be gainsaid. He was
for twenty years employed by Goodall,
Perkins & Co. in a position of trust, and
when he left them took with him a per- j
sonal letter of recommendation signed by
Senator Perkins. He has been given an |
annual pass ever since, showing that he !
I retained the confidence of the company i
and its officers. .
Mr. Schroeder. who keeps the cafe in •
the Hollenbectc Hotel, Los Angeies, ac
companied Dr. Pepper in order to |
identity him if he should turn out to be j
Vincent, and he went with the accused
man to Senator Perkins' office yesterday !
and said that he was mistaken and that he '
greatly regretted the false accusation that
had been made against Mr. Graybill. Dr.
Pepper admitted that he bad been hasty
in bringing the action without having
first made -ure that he had the right man.
Mr. Graybill and his friends are greatly
gratified at the turn of affairs and think
that he is entitled to some financial balm
for his lacerated feelings. Although
many papers wrote him up in a vexatious
manner, yet he feels that the Los Angeles
Times was the hardest on him, pursuing
him from day to day for nearly a week, so
be thinks he will sue tnat paper for
I $100,000 damages, and other papers in
proportion to the injury which he thinks
they have inflicted.
Dr. Pepper had nothing left to do ex
cept to dismiss his suit, which he
did yesterday, and go home and look
elsewhere for the man who swindled him
out of his good money. In the meantime
both Kapus and Vincent have disappeared
from Los Angeles, but the officers of the
law are watching them.
Native cons of Vermont.
The regular monthly entertainment and
dance of the Pacific Coast Association of the
Native Sons of Vermont was held last evening
in Odd Fellows' Hall. A large crowd listened
to the programme and joined in the dances.
The violin solo by Master Archie Neilson was
repeatedly encored. Other numbers on the
programme were: Overtuie by the orches
tra, songs by the Lyceum Quartet, comic songs
by Thomas Eggeri, and interesting kaleido
scopic views of Klondike and historical scenes
of the world.
Alius Vineyard Company Litigation.
Suit has been instituted by S. M. Thompson
apainst S. F. Long, J. O. Jephson, L. B. John
rou and otlers in the Atlas Vineyard and
Ditch Company for $38,127.
NEW TO-DAY.
I' 6 MR 7 7 7 7 7 7 7*K 9H
O<X)<>OO<><KKK>O<><K>OOOOOO<)<K>S
I **" pit nur "^ si
I™" I, UN -«§
I **• ullufiJ "** sl
9 **" "** ?l
I -^ SALE, i I
? CtJ- K/IllJUi -«i ?|
j 5 *f^ 957 Pair of si-25, %s xm
1 6 fj^^- si ' 00 and 75c Fine ,f3|| JH
g #0% Kid Gloves on sale at £ss«» <?■
II Fair. I
$ Fair. I
I DESCRIPTION. I
X A miscellaneous 10t— 057 pair— all $
V yy 'S shades a;id sizes— B-hook", 4-hook y
-? or 4-button. Many sold for $1.25 V
V pair. The entire season*, clean- up 6
5 ?-¥'A without ; reserve— hosier's Tr-*- 6
y fousse and Jouvin's. Ii we have 6
O your sire In any shade it's a bar** $
O gain. Colors are ; pi
g^6 BLACKS, TANS, WHITE, A
9 KEDS, SLATES. CREAM, 6
y? -.BtIOWNS, MODE, EJNULISH 9
% BLUES, GREENS, BEDS. 5
j X OUR FAMOUS DOLLAR GLOVE. 51
j 1 the two-c.'a-ip "Alice," new greens, 51
j 5 pearl*, reds tans, creams, browns ~*
I 9 and black. Tb« greatest loilar glove O
j 9 In --an Francisco. Ask for them at O
9 Hales. p !
1 $1.00 Pair. 5
19 ••OCR OWN"— Hales creat $125 0
9 glove, a genuine imported three- 0
9 clasp REAL KID Dress Glove, the O
0 new deux tons embroidered backs, p
9* lew greens blues, slates, browns, p
p reds and black, all sizes At Hale's J
| , $1.25 Pair. |j
! 9 HALF'S CELEBRATED "ESKAY" 9
9 HALF'S CEUEBRATKI) "P;SKAY" 6
j9 i* LOVE— Tbis identical glove is p
9 selling in San Francisco at $1.75 a Xl
i 6 p»lr; an elegant two-clasp dress X j
6 glove, embroidered bacx, in ■;ree;)-. X j
j p reds, browns, blues, mode, lavs aud A I
p j..-.. At Hale's I j
I $1.50 Pair. ?
i X 9E
I NOTICE-FREE. |i
B9 All gloves purchased of us py
1 Mill be cleaned and mended 9^
'9 FREE at anytime. We fit $3
l q and positively guarantee all pp
j 9 gloves from SI. OO up, cspe- 99
2 cially our dollar glove, the 5 I
I 6 "Alice." 6|
jo» ' o»
9 / (INCORPORATED). p
j 9 937-945 Market Street, ? \
I 6 SAN FRANCISCO. 6S
000000000000000000000000
■B_H_--l-_i___H_B_-HB__B__H-i
rs TTisirrnrsTriririnrirs TJV^innnrßTiifY
I DON'T FAIL! |
| C — — SIDE 3
I JOE POHEIM'S 1
I $15.50 m $17.50 SUITS |
_* A'l new goods, just received, °(
I )° They are going fast. Cannot be °<
; 5° duplicated in Quality, Style and 5
i /° Fit. I have also a line of 5
j£ ; $10 SLITS, MADE TO ORDER ! 3
j|° The best ln the State tor the money. °j
Ijoe poheim,!
IE THE TAILOR, 3
rj 201-203 Montgomery St., cor. Bush; *_
!rj 844 **" 846 Market St.. opp. Fourth; *_
P 1 1 0 and 1 1 2 Market St. . °S
I U SAN FRANCISCO, CAL. 3
IJo 485 Fourt«enth St.. Oakland, Cal. 3
So 6<».'t-605 X St., Sacramento. ol
)o 143 S. Spring St., Los Augeles.Cal. a]
HEALTH,
STRENGTH
GOOD" CHEER
Enterprise
Beer.
IN QUALITY
IT LEADS
THE MARKET
PChlchcwter'g Enclkh Diamond Brand.
ENNYROYAL PILLS
"-SjYv. Original and Only Genuine. A
4~Lfrtzv\'- safe, •l- c , reliable. ladies ask _K\
ri ,'f\ Vvi^Ki. J 0 ™?*!' 5 ' tor Cltichzst.-r Kng'.isli Dia £f\\
hy^*>^S^\ncin<i Brand In Red an.i Cold m-.ullic\\«'
jfe 01 "' '" l - led -"it— blue rihbon. Take Vy
TV] <W^ *_f no other. Refute dangerous substitu- v
I / ■■•■—■ *. fjf lions and imitations. At Draggliti, or»*»td
I -*~. SB '° .t-nni" tor partlcalars, tt-'stimonlalr. »nd
'. **» j O " Relief for I.n-lka." in Utter, br r- turn
-— <^_Xf Mall. 10.000 T.-timoDiatß. Itmcut Vavr.
tor Chemical Co.,*Waill»<m V \mmrt,
•Md bj* all Leal Dru«r.*t«U. I'll lI. A I>A., i'-V
*>A*^VVVVVWVWVVV , tfV\ArVVV\.'VVVVVVA/VC
i(BJr_lP 1-dLvlUflf
i I APERIENT CURE j
? of the most obstinate cases of Gonorrhea and >
I < Gleet, gnaranteed In from 3 to .«> days ; no ?
| < other treatment reqnlrcd, and without the n^-s*
C seating results of dosing with Culebs. C 0P»';?;*5
Cor Sandal-Wood. .LFerrfi* Co., (emctssorato?
< Brou\. Pharmacien. Paris. At all **i___f 1 _i # _S
w£pi»*-^-*_-if_vvvvwwvvvvv^
SROPiUM
The pura essential extract from the native drug*. Con«
tains all the valuable medicinal properties of Oi'iun*
without Jts noxious elements. No sickness cf stomach 5
no Tomlt.ng ; no costive ; no headache. All Druggists.
NEW WESTERN HOTEL,
KEARNY AND .WASHINGTON STB^-B*
modeled and renovated. KING, VVAKLiaCU.
European plan. Kooms 50c 10 *1 60 per da/, it
to $3 per wee-, 93 to 930 per moatu: tree batlu;
bot and cold water every room; Urn urate* i_
•TWy room; elevator rum aii-lgnt- __^
NOTARY PUBLIC.
A J HENRY, NOTARY PUBLIC,
-_»0 0 MAKKKT ST.. OPP. PAL AC HOTlfiU
UOO Telephone 670. Kesldenca 909 Va_BoU
( atrMfc ■ leUpJfioae 'Churcij" la.