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NEED OF LEVEES
Engineers of the Public
Submit Estimates of the Cost
of Necessary Improve-
Results of Surveys Along the Sac
ramento and San Jorquln
Special Dispatch to The Cam.
SACRAMENTO, Cai. , Oct. 14 — Engi
neers Nurse and Handle of- the Public
Works Department yesterday submitted
to Commissioner Leake their report upon
recent surveys of the Sacramento and San
Joaquin rivers, and of Stockton Slouch
and Mormon Channel. It was as follows:
Hon. K. E. Leake, Commissioner <f Pubic
Works —^ir: We herewith respectfully trans
mit our report upon surveys of the Sacra
mento and ban Joaquin river*. Stockton Chan
nel aDd Mormon S.ough, made Uod<*r your di
rections and pursuant to a resolution of the
Auditing Board passed hi a meeting n«-id
August 25, 1897, mid requesting such surveys
runt examinations es would enable you to re
port upon needed improvement* therein aud
tee cost of executing ihe s*me.
A survey ot existing levets Along the right
bunk of tin- Sacramento River between Bryte's
Landing and a point three miles below Feather
.River hr.s been made to definitely determine
the plan and cost of closing the many crevasses
above Kikhorn, and strengthening and enlarg
ing the present levees to such height and di
mensions as will insure the emclncy of the pro
posed easement in regulating the channel ca
pacity oi the river and limiting as well the
oou volume that finds its way through pres
ent crevasses down through the Yoio basin to
Cache Slough below. From Bryte's Landing
to Elkhorn, a distance of about nine miles,
the present levee, with inconsiderable im
provements, is in acceptable condition lor
protecting the aericultural Interests adjoining
lrom ordieary floods and to fully serve as a
factor in proposed river improvements.
From the X. thorn up the river to ihe Cave
& Clark ranc:i. a distance of about three miles,
to the lower end of acceptable levees, numei
ous crevasse?, locally designated as the
Butcher, Jacobs and Uershey breaks, occurred
several years ago during flood season, and
through uni:iterrepted scour have forme 1
washouts through which the river wa-r is
diverted until its volume dwindles to within
about two feet of the present low water stage.
The influences of these crevasses upon the
flood plane may hi known when it is learned
that :h-j high-water stage near the mouth of
Feather River has remained comparatively
unchanged, while the flood height at Sacra
mento has been lowered nearly tour fe<*t hincc
the breeks occurred, and injurious influences
to navigation tire found in a niht.rial rl-eof
the low-water plant* throughout the reach af
No surer evidence or clearer illustration of
the certainty of shoaling the Sacramento
River below the point where so large a portion
of the water is diverted can be found tnan are
afforded by the many cuts on the San Joequin
Kiver made during the last few years under
direction of the United States Government
Engineers in the maintenance and improve
ment ot navigation.
In every instance where a cut has been made
the old channel witn current made sluggish
by the lessened volume occasioned by the
diversion of the greater portion to the new
channel above nas filled with silt until a dry
t-andbar defines the old river-bed during the
To provide azainst further Injury to naviga
tion and. In so far as we can. to introduce a
remedy for the ills already occasioned by pro
longed and injurious diversions of a large
volume ot the water from the river channel
after the dangerous floods have passed, ii Is
proposed, after levees of suitable height and
dimension have been provided by. the land
owners above and below a selecied site, to con
struct thereon a permanent and sufficient
easement for limiting the discharge through
the Yolo basin to flood period only, and con
fining to the river channel at all times such
volume as may be carried without serious
menace to the interests below.
Tne estimated number of cubic yards of
earth work required to repair the breaks and
to build the four and a quarter miles of neces
sary levee to a height of three feet above the
maximum flood plane with nn 8-lneh crown
end a3to 1 slope will be 125.500. This at 10
cents per cubic yard will cost $12,550.
In view of the magnitude 01 local agricul
tural interests, long devastated by floods, it is
to be hoped that the deital restoration of
better conditions resulting from tha execution
of the proposed plan of river improvement
may serve as an incentive to concerted action
of land-owners and lead to the construction
of a greater portion of the necessary levees
this fall and winter, in order that no delay
may attend the building 01 an easement as
early next spring as the weather and river
stage of the water will permit.
No possible danger can follow the closing
of many of the breaks and construction
of most of the levees this fall and winter.
For reasons of economy that must suggest
themselves to business experience, tec si c for
an easement has not been definitely selected,
and as its cost is largely determined by loca
tion and surrounding conditions, the p. an
and estimate of cost, we beg to reserve for our
consideration after initiatory levee-building
lias been commenced by the land owners.
A meander survey of Mormon Slough, Stock
ton Cnannel and tne San Joaquin River from
the junction of Stockton Channel to Macks
Slough, has been made and the result, com
piled in map form for your inspection, is here
with submitted. Proposed channel rectifica
tion is outlined therein and consist* wholly of
"cut-offs" in line with plan approved by the
United States Government engineers in rec
tiiying channel sinuosities that retard flood
d scharge and make navigation difficult.
The entire Improvement recommended for
Mormon Slousth, Stockton channel and the
San Joeqnia River, between Blacks slough and
the mouth of S'cckton Channe , as shown
upon the map herewith submitted, will re
quire the excavation of about one-half million
yards ot material, which can only be done
with clamshell dredgers, because of disposi
tion of material at an estimated pr>c»o(7
cent* par cuble yard, or total cost of $35 000
for excavation. Additional cost of the right
of way for proposed new channel has not been
determined, but at most should not be per
mitted to delay the prosecution of river im
provement that depends on early action and
low water for economical execution. Plans
estimates, instructions for bidders and com
plete specifications for proposed levee work,
and excavation at Newton Shoals, on the Sac
ramento River, and for indicated improve
ments on the San Joaquin River are herewith
submitted for your approval, with a recom
mendation that notices for proposals be early
published in accordance with the law govern
ing such advertisement*.
Our thanks sre due the Government en
gineers lor blue prints of recent surveys of
ihe San Jo quin River, embracing dam of
great vslue in th<_- preparntion of mans and
plans of tnc San Joaquin River improvements
herewith recommenced and submitted. Ver»'
M A. Nuvn. Chief Engineer.
Geoi.ge N. I'.andle. A-sistant Engineer.
SAUSALITO POOLROOM CASE.
Jury Fails to Agree and the Gam
blers Score a Victory Over
SAUSALITO, Cal.. Oct. 14. -The first
of the cases apainst tne poolroom players
arrested by Marshal Creed under tne in
structions of the Town Trustees waa tried
today b- fore ll?corder Pryor and a jury
and resulted in a disagreement. It was
clearly a victory for ihe cam biers, who
have conciuded from the iirst that Kausa
lito wants them to continue operations in
the town and that the only people who
object to their presence are the aristo
era ie element occupying mansionson the
Tlie jury stood ten for acquittal and two
for conviction. The jurors were: It.
Noole, John S. Nunes, Adolph Meyer, C.
Desllas, John Creamer, William Miltcm,'
Ai.drew Nickels, Harry Colling, Robert
fitewart, Wiiliatu H. Hannon, Joseph
Laniere and John Tttxiora.
Tlie second ca*e wilJ coiuo up to-morrow
nt 2 o'c.cck. It is the genera! opinion
that no conviction can be obtained.
Spokane House of Wor-
ship Stormed by
Curate Manning Gagged and
Forcibly Ej acted From
Sensational Outccme of the War
Between Dean Babbitt and
Dispatch to 1 in-: I'ai.i.
SPOKANE, Wa«h . Oct. 14 —For a long
time p;st there have been differences be
tween Very Rev. Dan Richmond Babbitt,
D.D., LL D., Dean of All Saints' Cathe
dral of t tie Episcopal church, and the
chapter, or vstry, of the congregation .
It was alleged that he was contracting
debts in the city whicli he failed to pay,
and, in other words, compromising the
church. As a result, and for the purpcs«
ofdepo-ung him, the chaprer some weeKj
aeo passed a resolution Hiat it was un
able o pny die dean the salary for Which
he was preaching and declaring the oilice
vacant. The dean stood upon hit contract
and refused to quit
On the return of Bt*hop Lemuel H.
Wei's from tlie Lambeth Conference in
England tlie case was referred to him.
Last night there was a chapter meeting
with the Bishop and dean, at which time
the Bisnop presented hi* findings, requir
ing thnt the dean vacate by Kr.day at
noon and that tlie chapter pay to him as
a crratuitv of $;JOO. Tae dean declared that
he would not vacate. The meeting broke
Dean Babbitt left the Cuiidin*. putting
Rev. John Manning, his curate. In posses
sion. At about nr.<inight It. L. Ktitter, a
I prominent banker; George B. Brooke,
! president of the Fidelity Bank; B. M.
i Russell, and \Y. I). Vincent, cashier of the
■ old National Bank, all members of the
; chanter, returned with locksmiths and
proceeded to rut new Jocks on the doors.
j They tore < ff the door of the study, in
, which Manning was intrenched [a the
i belfry, and ordered him out. lie refused
[to po. Thereupon they seized him.
Vincent put a gag over Manning's
mouth to stifle the cries of "Murder!"
wlrch he was emitting, and proceeded to
take him clown ihe stairs.
Ho (ought desperately, scratching and
; vottnding several of the vestry men. Hal
; way down, by reason of his struggles, the
j entire crowd fell to the foot of the stair*.
Manning beneath. He was badly bruised.
*'It was first b'ood for the vestry," said
he in describing me occurrence.
Getting 1 im out, the ve-try assumed
possession of the building. Manning says
; he will hnve all the vestry arrested to
-1 morrow, and if he cannot get justice at
j the courts he will call upon the vestry
men sin sly and get it himself. The dean
will possibly try to preach on Sunday,
when there will b? more tiouble.
AfH 2 IHAI. VlCI>t.KZn.
Dreilian Atainvl the State Harbor
LOS ANGELES, Cal, Oct. H.— The
Supreme Court 10-day revor-ed tbe judg
ment of the lower court ;n the case of the
Union Transportation Company vs. the
State Ha- for Commissioners, appellants,
and remanded the case for a new trial.
Tbe transportation company was en
■ paced in running ■ s earn boat, between
1 San Francisco and Stockton. The ilarbor
C mmissioners changed their landit.g
place from the Clay-street wharf to tbe
Mission-street wharf, which the transpor
tation company claimed was arbitrary and
a detriment to its business.
It was also charged that the change wa
brought about by the use of money. The
Superior Court' sustained the plaintiff,
holding that there was no legitimate cau<e
for the reassignm nt of Ihe vessel in ques
The Fupreme Conrt holds that the Har
bor Commissioners are ve-ted with certain
power< to regulate the stationing of ves
sels and that these powers are discretion
ary. The commission, then, did not ex
cee t its authority. As to the charge of
fraud, the evidence is held to be insuffi
cient to establish the contention.
Attacked by a licioui Hog.
LODI. Cal., Oct. 14 —A vicious dog
nearly caused the death of W. H. Krauz,
junior member of Thompson &. Krauz,
merchants, here this afternoon. Krauz
was riding a bicyle, when the dog rushed
ont at him. Krnuz scorched to get away,
but the savage brute sei£ed him by a leg
and Krauz Ml with terrific force, striking
head first. The dog was scared off fey
nnssers-by and Krauz was picke 1 up, un
consc.oup, and taken home. Doctors
found him suffering troni concussion of
the brain and Le was badly injured about
the heed and face. At 8 o'clock this even
ing the injured man was still uncon
KVIAI- All- H MASO.Mt.
Election of Vflir-m to Serve for the En
BALTIMORE., MD.Oct. 14.-The Grand
Chapter of Royal Arch Masons held the
final business meeting of its present ses
s on this morning and the following offi
cers were elected:
General Grand High Priest Ren ben C.
Lemon of Toledo, Ohio; Deputy General
Grand High Priest, James W. Tavlor
Luthersville, Ga.; Genera! Grand King
Arthur G. Pollard, Lowell, Mass.; General
Grand Scribe, Joseph E. Edyas.Pitris, III.;
general grand treasurer, Daniel Strikers,
Hastings. Mich.; general grand secre
tary, Christopher G. Pox. Buffalo
peneral grand captain of the host
William C. Swain, Milwaukee; general
grand principal sojourner. Nathan Kings
ley, Austin, Minn.; general grand
royal arch captain, Bernard G. Will, Hen
derson, Ky. ; general erand master of the
third veil, George S. Corson, Washington.
D. C. general grand matter of the second
veil, F. W. Craig, Dos Moines, lowa.
Tne trit-finlal meeting of the general
grand chapter will be held at Cincinnati
in September, 1900.
An Agent and Appraiser* Appointed.
WASHINGTON', D. C, Oct. 14— The
Secre.ary of the Interior has appointed E.
B. Reynolds of Hngers?ov> n, Ind., specia
Indian agent; also tlie following apprais
ers of abandoned military reservations:
Oliver C. Applegate and Rufns S. Moore,
Fort Klamath re-ervation, Orecon; Kd
ward S. Archer and George W. Ruther
ford, Fort McDermit reservation, Nevada:
Ezra F. Barnes and Hamilton McCain,
i*ort hallock reservation, Nevada; Charles
M. Scrihpr and Alvin W. Eager, Fort Fred
Vo»ima*ter « otnmimitionrd.
WASHINGTON, D. C, Oct. 14-The
following California postmasters were
commissioned to-day: Francis J. Gard
ner at Sodiers 1 Home. Santa Monica;
Hugh P Towle at Kmmett, ana Isaac
Monnet at Little Rock.
THE SAN FRANCISCO CALL, FRIDAY, OCTOBER 15, IS9T.
TOLD IN COURT
Marion Brooks' Story
of How He »' Made"
Some Inside Information on
the Campaign in the
The Congressman Denies That He
Accepted Money to Use In
Special Dispatch to The Oil.
LOS ANGELES, Cal., Oot 11 —A large
aud ence found much enjoyment to-day
in t lie trial of the suit of J. Marlon I. rooks
against Charles A. Barlow, Congressman
for this district, who was elected by the
joint ballots of Democrat*, Populists and
Silver Republicans. B-ooks claims that
he "made" Congressman Ilarlow, out the
latter is so ungrateful as to refer 10 hi 9
doughty friend as a "would-be politician"
and denies the justice of the claims made
against him in this suit.
Brooks claims that he advanced to Bar
low something like $1900 used in the Con
gressman's raea for cttiue, and has a fur
ther claim of $'.'ooo for "'services rendered."
This latter claim is made as the price of a
retainer in the service of Barlow in case of
a contest of election, which at one time
Ti.e plaintiff in the suit was on tbe wit
ness-stand all the morning and pan of the
afternoon ; lirsi on direct examination and
later under cross-questioning. Brooks
said that he had worked over two months
for the election of Barlow, and had loaned
him various sums of money, bought a
3000-mile railway ticket for him, obtained
Southern Pacific passes for Mrs. Barlow,
paid the candidate's hotel bill* and res
taurant scores, and in variou-s ways given
financial assistance when it was a dire
need. To snow that his assistance was in
demand, though he had to do most of his
work under cover oi "negative f iend
ship." some spi< y letters were introduced.
They had been written to Brooke by the
Part of Brooks' services to bis friend
and client consisted of watching the
columns of newspapers for aisresi>ectful
articles about the aspiring statesman that
could be made the ba>is of prospective
Lbol suits, and the colonel claimed be
tia'l made certain papers print cards ttiat
amounted to retrnciiim*.
Congressman Barlow, on the stand in
his own de;en?e, denied that tie owed the
plaintiff the sum named, but. as stated in
his answer to the complaint, he was will
ing to confers judgment for $170. He bad
been asked by Biooks to sign fifteen $200
drafts on a Wai-bington banlcer, bin he
declined to do it, as be wanted time to
He would not say that at that time lie
ha I admitted the justness of Brooks'
claim. He supposed that Brook* was
working for him only as a friend and did
not know he would be expected to Rive
any return for the services until Brooks
demanded to be appointed as bis private
secretary. He had told Brooks that that
proposition did not "go." Then it was,
according to lie witness, that Brooks said
he had "made Barlow and wii going to
use him." He knew that Brook* had ob
tained transportation for him, but he did
not know that the word transportation
means "free transporting"
The story of the political combinations,
most of which took place in Sun Fran
cisco, as tol<! in court, was quite interest
ing if not thrilling, though h. M. Warda.l.
former chairman of the Populist State
Committee and now Congressman Bar
low's private secretary, declared that
Brooks had no influence whatever on the
Bo;h Md«s finished their testimony, and
arguments will be made to-morrow.
KEARNEY'S WILL CONTESTED.
Action Brought by His Daughters,
Who Were Cut Cff With a
PORTLAND, Or, Oct. 14.— A curious
will contest has been begun in the Pro
bate Court by the legal heirs of the late
Edward S. Kearney, formerly one of the
best-known and wealthiest pioneers in the
State. The proceedings are instituted by
the children of Kearney (Blanche Minerva
and May Louisa Kearnev) through their
attorney, Judec henry E. McGinn, to set
aiide the will riled on February
ing of an estate of f1'25,000.
The heirs discovered that their father
had left them the comparatively meager
sum 01 $4000. to be divided share and
share alike. The basi* ot the contest,
wtich will be notable in many ways, is
BY THE FORESTERS
McElfresh of Los Angeles
Again Made High Chief
Santa Barbara Named as the Next
Meeting Place of the
Special Dispatch to Thk Call.
SANTA ROSA. Cat,., Oct. 14.-The High
Court of the Independent Order of For
esteri to-day elected officers for the en
suing year. Those chosen were:
High thief ranger— G. A. McEifresh, Los An
Past high chief ranger— Rev. B. W. R. Tay
lor, Los Angeles, re-eleeied.
Vice chief ranger— Charles E. Peerv, San
Trea-urer— H. d. Eberle, Los Angeles, re
Secretary— \V. H. Perry, Los Angeles, re
I'byslcian— H. S. Bogle, M.D., Monterey, re
Counciior-O. G. Hopkins, Sacramento, re
Auditors— c. H. Eberle, Downey, re-elecied,
and K. 11. Parker, Los Angeles.
Chnpl«ir— y. J. Duckworth, Mnnterev.
Journal secretary— X. A. Heck. Los Augeles.
Senior woodwrrd—W. M. S.ewart, Saa Krau
Junior woodward— B. Meach&m, OrUnd.
Junior beadle— L. (.mrrelt, Kingsburg.
Junior beadle— l. Storrta, No pa.
< onductor— J. H. Dickaun, Lo« Angeles.
Marshal— W. R. Rupc, liurbank.
Mefsenger— E. G. Lucas, M*y field.
D-le Hies to the Supreme Court at Toronto—
J. W. Thayer, (.. A. McE fresh, C. B. Dictson,
Lo» AiiKeles: B. I. fcoloinon, San Francisco; S
J. Duckwotn, Monterey ; L. H. Wesi, Gardaua
W, It. Lamer, Auburn.
Santa Barbara was selected as the next
meeting placed the Hiph Court. Supreme
Chief Runcer Oronhyatekha delivered an
address congratulating the High Court on
the good work of the session. The usual
resolutions of thanks were adopted, after
which an adjournment was lakea.
that Kearney's mind had been failing for
several years. The baseless fancy took
possession of him that his daughters were
not his legitimate children, and that they
were born out nf wedlock. Added to this
peculiar ha lucination. the petitioners al
lege, improper influence was exerted on
the pioneer's enfeebled mind.
Kearney died on February 14, 1897.
V. SI TED THE BLAIR MIiES.
John W. Kackay Says Conditions Are
Unfavorable io Purchasing
CARSON, K«T, Oct. 14.— John W.
Mackay, who is interested in a project to
buy the rich Blair mines at Silver PeaK,
passed through here after a week's exam
ination of the property. The great miner
did not seem at ail enthusiast c over the
outlook. In answer to an inquiry as to
what he thought of purchasing the mines,
he said :
'It is a big country and there seems to
b» .nts of quanz, but it is low grade and
will require an outlay of a large sum ol
money before anything c:m bo realized.
Tlie conditions at the Peak are unfavor
ab:e; wage?, supplies and transportation
ciiarges are higti. I visited the Peak on
invitation of friends who thinK of buying
the mines. I cannot at present state
whether the sale will be made or not."
Mackay lia- come and cone, and whether
the mines vuli r-e sold i" still a mystery.
ALL BUT ELEVEN OF
HIS CREW DESERTED
Captain Phillips on the Recant
Trouble Aboard the
Seamen Lost No Time In Leaving
When the Wags Reduction
Special Dispatch to Thk Calu
ASTORIA, Ok , Oct. 14. — At sunset this
evening the United States 'eveuuo catter
Commodore Perry, Captain M. L. Phillips
in command, dropped anchor in As'.oria
harbor. Having left Seattle at 10 o'clock
yrs'.erday morning. Ttie Perry is unaer
orders from the Treasury Department to
report to the Collector of Customs at As
toria and wiil cruise in there waters for the
Captain Phillips assumed command of
the Parry last January, formerly having
Deen in com mam} of the Corwin, in serv
ice on Alaska waters and Princo Wil
liams Sound enforcing the United States
fish laws. In the Aluetian Peninsular
the laws were being v.olated regularly.
The Corwin found that large seines were
being use! and caught men in the very
In an interview to-night Captain Phil
lips stated Unit lie would have had a much
quicker trip from Seattle if the G.lman
coal, whicu he was obliged to use, hud
been of better quality. Concerning the
dilficn.ty over iue new wage scale, the
•\V iien tho reduction in wages was an
nounced all of my crew, with the excep
tion of eleven, left the ship. Th went
into different occupation*. Four of them
bought a sloop for Klond ke. After the
oidjr came placing tie wages back at the
old notch of $28 1 shipped a new crew and
all of them aie drawing the old rate of
"it wbs hard work to secure a crew of
cood men in Seattle, .although hundreds
applied for positions. - There are probably
2000 men in Seattle out of w