The San Francisco call. [volume], February 13, 1898, Page 15, Image 15

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

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TEXT OF A
FAMOUS CASE
Jireuit Court of Appeals
Decides the Richmond
Telephone Suit.
The Opinion Sets at Rest Sev
eral Points of the Highest
Importance.
Able Discussion of a Vexed Question
Which Will Act as a
Precedent.
The late decision of the United States
Circuit Court of Appeals in the Rich
mond telephone litigation has attract
ed so much attention that The Call
presents it in full as published in the
Richmond Times on February 2.
The full text of the opinion is as fol
lows:
City of Richmond, appellant vs. South
ern Bell Telephone and Telegraph Com
pany, appellee. Appeal from the Circuit
court of the United States for the East
ern District of Virginia, at Richmond.
Argued November 12. 1897. Decided Feb
ruary 1, 1898. Before Simonton, Circuit
Judge, and Brawley and Purnell. District
Judges.
Charles V. Meredith for appellant: Hill
Carter of Leake & Carter and A. L. Hol
laday of Stiles & Holladay for appellee.
Simonton, Circuit Judges.
This case comes up on appeal from the
decree of the Circuit Court of the United
States for the Eastern District of Vir
ginia.
The complainant is a corporation or
ganized under the laws of the State of
New York as a telephone and telegraph
company. It is engaged in the business
of a telephone company and of construct
ing and operating telephone lines in and
through the States of Virginia. West
Virginia, North Carolina, South Carolina.
Georgia, Alabama and Florida. It has
maintained and operated for several
years all the apparatus necessary for
transmitting telephone messages in the
city of Richmond, Va., and has erected
and maintained along certain streets and
alleys of said city numerous poles and
wires for this purpose.
The complainant company was incor
porated on the 11th of December, 1579. In
ISS4 it applied to the city of Richmond
for authority to erect its poles and run
its wires along the streets and alleys of
said city, and by an ordinance passed
June 21, 1884, this permission was granted
as to such routes as may be specified and
agreed on by resolution or resolutions of
the Committee on Streets from time to
time, and on the conditions and provi
sions of the ordinance. These conditions
and provisions are: That on any route
conceded by the Committee on Streets
and accepted by the company the poles
should be so placed by the company un
der the direction of the City Engineer, as
to allow for the use of said poles by the
fire alarm and police telegraph, in all
cases giving the choice of position to the
city's wires. To furnish telephone serv
ice to the city at a special reduction of
HO per year for each station. No shade
trees to be disturbed, cut or damaged
■without permission of the City Engineer
and the consent of the owners of the
property in front of which the trees
stand. All this work to be in every re
spect subject to the supervision and con
trol of the City Engineer. The ordinance
to be subject at any time to repeal, such
repeal to go into effect twelve months
after the passage of the repealing ordi
nance.
On the 13th of February, lSS9,.the South
ern Bell Telephone and Telegraph Com
pany, the complainant, accepted without
reservation ail of the restrictions and ob- :
ligations of the act of Congress,, ap
proved July 24, 1866, entitled "An act to
aid in the construction of telegraph lines
and to secure to the Government the use
of the same for postal, military and other
purposes." :
And thereupon, on February IS. ISS9, the
Postmaster-General certmed that this
acceptance was on file in the Postoffice
Department. This act of Congress is in
these words:
Section 163. Any telegraph company now
organized, or which may hereafter by organ
ized under the laws of any State, shall have
the right to construct, maintain and operate
lines of telegraph through and over any por
tion of the public domain of the United States.
over and along any of the military or post
roads of the United States, which have been or
may hereafter be declared such by law, and
over, under or across the navigable streams or
■waters if the United States; but such lines
of telegraph shall be so constructed and main
tained as not to obstruct the navigation of
such streams and waters, or Interfere with
the ordinary travel on such military or post
roads. , v i'">V: —
Section 5268. Before any telegraph company ;
shall exercise any of the powers or privileges
conferred by law such company shall file \
their written acceptance with the Postmaster- :
General of the restrictions and obligations re- !
quired by law. ; ". .
THE ORDINANCE.
On December 14. 1»94, the City Council
of Richmond repealed the ordinance of
June 26, ISM. grunting- these privileges to
the Southern Bell Telephone and Teie
sjraph Company, to take effect twelve
months after Its approval. And Septem
ber 10. 1896, the same City Council passed
another ordinance as to the joint use of
poles erected in the. streets and alleys of
the city of Richmond, for the support
if wires used in connection with the
transmission of electricity.
The first section of this ordinance pro
vides that all poles now erected in the
streets or alleys of the city of Rich
mond for electric wires, except such as
support wires required by city ordinances
to be removed and run In conduits, shall
thereafter be allowed to remain only on
terms and conditions thereinafter set
forth.
The second section provides that no
pole now erected for the support of tele
phone wires shall remain on any street
in said city after December 16, 1893, un
less the owner or user of such pole shall
first have petitioned for and obtained
the privilege of erecting and maintain
ing' poles for telephone purposes in ac
cordance with the conditions or this. or
dinance and such others as Council may
see fit to impose. If such owner fall to
obtain such privilege and" fail or neg
]••■ to remove the poles and restore the
street to its former condition, he shall
be liable to . a fine not more than. $500
and 'not less than 5100 for every pole so
remaining. Each day's failure to be a
separate offense. Then follows a num
ber of sections imposing most stringent
conditions, placing the -whole matter
within the control of the city and its
officers, reserving the right in the City
Council at any time to put other restric
tions and regulations as to the erection
and use of such poles, and from time to
time require the removal of them and
the wires to be run in conduits. On
September 10, 1896, another ordinance was
passed requiring the removal of poles
and wires from overhead in certain
streets and for the construction and us
ing conduits in certain streets. This or
dinance was enforceable under heav>
penalties, with the provision also that
any company getting the privilege of
putting in these conduits, must make
them 10 per cent larger than is needed
for their use, so that the city might
run its wires free In such conduits and
any other company may use them for
an agreed compensation, or one to be
fixed by arbitrators. , . . ,
Threats having been made to carry,
ordinances into effect, the complainant-!
filed its bill praying an injunction. It
fests Its right to use the streets and ai-'
leys of the city of Richmond for the pur
poses of Its business under article I, sec
tion 8, of the constitution of the United
States and the act of Congress of lS6t>,
and denies that in such case it can be
prevented or controlled or be in any
way dependent upon an ordinance or
any ordinances of the City Council.
he prayer for an injunction is in these
words:
That said city and all others. Its agents' and
employes, may be restrained and enjoined from
removing or interfering with its poles and
""ires in paid city, and from interfering with
the right of your orator to use said poles and
wire*, and that all proceeding* by »ald city
or its agents and all others to prevent; your.
orator from continuing, renewing, repairing
& na extending Its . lines,, wires . and poles in,
aicng and over the streets and alleys of the
•aid city, and to Inflict fines and penalties on
• ,'4 r orator for so doing, may be restrained.
"■£ enjoined: that the right or your orator to
eai'i sairj Poles and wires and to carry 'on? its
Bu»ince» alpng an over tha street* of the",
rtti= Clty **' declared and denned; that the or
dinances of said city of theHth of December.
asth«v „££ Ule . lOlh Q September. 1595. so Tar
m«lr?to i " 'take to prevent your orator from
maintaining and using its lines, poles and
the it° Ver « a d alon & the street? and alleys of
imr mSt of Richmond, from repairing, renew
'"*. * nd , "tending its said poles, wires, line,
be *» 1 las lts business may require, may
be declared null and void.
THE DEMURRER.
Upon , the riling of the bill an interlocu
nX, m i?, n etion was granted.
Tv % bm was first met by demurrer.
1116 demurrer set up these defenses:
1. As to the equity of the bill.
1. That the act of Congress of 1566 applies
only to telegraph companies and not to com
panies like the complainant.
*. That the act of Congress, even if It does
apply to complainant, does not give it any
right to erect its poles anil wires along the
streets of Richmond Without the consent of the
city, subject to reasonable regulations as to
the routes, position and .number of the poles
and to pay for the use of the street.
4. That If this is the effect of the act of
Congress it is unconstitutional.
5. That the ordinance of 1884 constitutes a
binding contract between complainant and the
city of Richmond, with a power of rescission
by repeal in the City Council; that this power
was given by the statute of the State of Vir
ginia and was properly exercts*d.
The demurrer was overruled and the
defendant tiled its answer.
The portions of this answer which bear
upon the conclusions reached In this case
are these: A denial that the wires, poles
and lines of the complainant in and over
the streets and alleys of said city con
stitute a part of the' postal service of the
United States. A denial that complainant
is a telegraph company and a denial that
its acceptance of. the act of lS6ii,
so far as the telephone exchange
In Richmond is concerned, even en
titled it to any of the rights and pow
ers authorized by the act. A denial thai
the acceptance by the complainant of t'v*
provisions of the act of 18tt has rendered
complainant independent of and BUperior
to the Council of the city of Richmond.
The cause came to a full hearing and
the Circuit Court made the following de
cree:
The court, without passing on the rights
claimed by the complainant company under the
laws of Virginia, and the ordinances of the
city of Richmond, is of opinion and doth ad-
Judge, order and decree that the complainant
company has, In accordance with the terms
and provisions and under the protection of the
act of Congress of the United States, approved
July 24, ISG6 (which is an authority paramount
and superior to any State law or city ordinance
in conflict therewith), the rights to construct,
maintain and operate its lines over and along
the streets and alleys of the city of Richmond,
both those now occupied by the complainant
company and those not now so occupied, and
to put up, renew, replace and repair Its lines,
poles and wires over and along paid streets
and alleys, as well as to maintain, construct
and operate the same and to connect Its lines
with new subscribers along said streets and
alleys, and the sand city of Richmond, its
agents, officers and all others are enjoined and
restrained from cutting, removing or in any
way Injuring said lines, poles and wires of the
complainant company, and' from preventing or
interfering with the exercise of the aforesaid
rights by the complainant company, and also
from taking proceedings to inflict and enforce
fines and penalties on said company for exer
cising its said rights.
ASSIGNMENT OF ERROR.
The defendant obtained leave to appeal
from this decree and it comes up on the
assignments of error. These are eleven
in number. The first three are general in
their character, going to the preliminary
injunction and to the demurrer to the bili.
The fourth is to the effect that the or
dinance of ISB4. passed under the author
ity of the State of Virginia and under
which the operations of the complainant
company were begun and continued, cre
ated a contract which bound the com
plainant to cease Its operations upon tho
streets and alleys of Richmond whenever
the City Council exercised its right to re
peal said ordinance, a right reserved in
the ordinance itself.
The fifth and sixth deny that the com
plainant has any right to the privileges
under the act of Congress of 1566, which
applies to telegTaph companies, and not
to a telephone company, as complainant
is.
The seventh, eighth and ninth deny that
even if complainant comes within the act
of I*B6, it can be protected, unless it is
engaged in interstate commerce business;
and only as to such business, and denies
that it is protected in its local business.
They also deny that there is anything in
the contract with the Western Union
Telegraph Company which puts com
plainant in interstate commerce business,
or within the protection of section 8. ar
ticle I, of the constitution of the I'nited
States.
The tenth and eleventh assignments as
sign- error as to the scope of the injunc
tion, as it enjoins the city from interfer
ing with the infra State and local busi
ness of the complainant, and a right to
erect Its poles and stretch its wires with
out any control on the part of the city.
At the bar the appellant declared that
the constitutionality of the act of Con
gress of 1866 was recognized and admitted
Thnt all streets which are letter carrier
mutes are post roads of the I'nited
States.
That under the act of 1866 a telegraph
company can obtain a right of way for its
poles and wires through a city and along
its strf-ta against the wish of the mu
nicipality.
The decisive questions raised in this
case are:
Firpt— Does the complainant come within the
protection and is it entitled to the privileges
contained in the art of Congress of 1S68?
Second— lf it comes within the provisions of
that act, how far has it limited and restricted
itself by accepting- the provisions of the ordi
nance of the city of Richmond?
Third— To what extent does the protection of
the act of ISftj go? Does it make the company
accepting it free of the control of the munici
pality In which Its does business"
The act of Congress of 1860, in terms,
speaks of telegraph companies. Do these
words include telephone companies?
The telegraph arid telephone both com
municate messages by means of electricity
over wires for longer or shorter distances.
The telegraph communicates these mes
sages by sound of instruments, the tele
phone by the human voice usually. Both
depend upon electricity for their action.
Each is but a form of use — the product
and the result of the same principle. The
names are only used to distinguish the
method of communication.
SOME CITATIONS.
In Bngland, in the case of Attorney
| General vs. Edison Telephone Company
i 6 Q. B. Div., 244, Stephens, J., in a care
i fully prepared and elaborate discussion,
says: "I do not think it necessary to
: express any opinion on a controversy
; which is more, scientific than legal, and
j perhaps more properly metaphysical or
j relative to the meaning of words than
scientific, as it seems to turn upon the
nature of identity in relation to sound.
It !s enough to Pay that, whatever be the
merits of the controversy, it does not ap
j pear to us that the fact, if it is a fact,
I that sound itself is transmitted by the
i telephone, establishes any material dis
tinction between telephonic and tele
graphic communication, as the transmis
sion, if it takes ular-e. is performed by a
wire acted on by electricity."
In the Wisconsin Telephone Company
vs. City of Oshkosh, $2 wis., 32. this case
was cited with full approval, and the
doctrine asserted that, in contemplation
of law, a telephone and telegraph com
pany are one and the same. In the case
of the Chesapeake and Potomac Tele
graph Company vs. B. and O. Telegraph
Company, 66 Maryland, 410, the court of
last resort of that State quotes with ap
proval the English case above quoted, and
sayc further: "It is clear if we take the
term telegraph to mean and include any
apparatus or adjustment of instruments
for transmitting messages or other com
muni' atioi ■ by means of electric currents
and siKnals. that term is comprehensive
enough to embrace the telephone."
The same doctrine is clearly and fully
expressed in Duke vs. Central N. J. Tef
c-phone Company, 53 N. J. Law Report*, j
341. The court quotes the language of I
Bell in his application for a patent, set I
out in the telephone cases, 126 U. S. . 1.
He pays: "What I claim is the method
or an apparatus for transmitting vocal I
.>r other sounds telegraphically as herein I
described, by causfrig- electrical undula
tions similar in form to the vibrations
of air accompanying said vocal sounds. "
And so. also. Brown, J., now Mr. Justice
Prown, in Cumberland Telephone and
Telegraph Company vs. United Electric
Railway Company. -12 Fed. Rep., 273, says:
"We see no reason to doubt the posi
tion assumed by the complainant that a
telephone company is a. telegraph com
pany."
The complainant, therefore, comes
within the protection', and is entitled to
the privileges, of the act of 1866.
2. The next question Is, if the complain
ant is within the protection and enjoys
the privileges of the act of Congress of
1M56. how far has it limited and restricted
itself by accepting the provisions of the
ordinance of the city of Richmond?
In June, 1884, the ordinance was passed
(.■ranting the right of way throughout the
city of Richmond to this complainajH.
At that time it had not accepted the
provisions of the act of lß'lfi, and in no
'it her way could it get the right to enter
the city but by permission of the City
Council- The permission was given sub
ject to the right oi the City Council to
revoke it at any time after twelve
months, and on December 14, 1894, it was
THE SAX FRANCISCO CALL, SUNDAY, FEBRUARY 13, 1898.
i revoked. In the meantime, 1889, the
i complainant, recognizing: the uncertainty
of its tenure, concluded to nut the en
joyment of its rights on higher grounds
j and under paramount authority. Can
it now be said ihat the complainant can
| not avail itself of the privileges of the
I act of 1866. and must look for them to
the City Council, because formerly the
cit;. granted privileges which it has re
voked? Can a contract, revocable and
revoked by one party, still bind the other
party after its revocation?
The complainant is not now using the
post roads of the city of Richmond under
any grant from the City Council. The
Council themselves, by "their own act,
! have put an end to any such contract
with the complainant. But for the act
I of Congress, it would be a trespasser on
these post roads. Under the act of
j Congress, it has the right to construct,
i maintain and operate lines of telegraph
j over and along any of the post roads of
I the United States, and when an effort
i is made, or threatened, to deal with It
1 as a trespasser, it can refer to that act.
3. The next question is: To what ex
tent does the protection of the act of
| Congress go. Does it free the company
; accepting Its provisions from any control
of the municipality through whose
streets it may go?
TO WHAT EXTENT.
This act of 1566 authorizes the company
accepting its provisions to maintain and
operate its lines on any postmad. The
> act itself prescribes a condition. The
lines of telegraph must not interfere with
the ordinary travel. It is, therefore, sub
ordinate to the public use. The privileges
of this act. "like any other franchise, are
i to be exercised in subordination to public
as to private rights." (.St. Louis vs.
Western Union Telegraph Company, 148
U. S., 100). These privileges must be en-
Joyed, suhject to the lawful exercise of
the police power. In Western Union Tel
egraph Company vs. Massachusetts. 125
T*. S. , 530, a telegraph company, protected
by the act of 1866. and engaged in busi-
I ness as a common carrier, was held to be
; a subject of taxation by a State. The Su
i preme Court uses this language: "It
never could have been Intended by the
Congress of the United States, in confer
ring upon a corporation of one State the
authority to enter the territory of any
other State and erect poles and lines
therein, to establish the proposition that
such a company owed no obedience to
the laws of the State into which it thus
i entered.
; In the case of St. Louis vs. Western
! Union Telegraph Company, supra, a
I charge by a city for poles was held valid
ngainst this same company, the only lim
1 Itation being that the charge be not un
j reasonable. In Western I'nion Telegraph
i Company vs. the Mayor, 3 Law Reports
I Ann.. 449. an ordinance requiring that tel
| egra-ph wires be placed in conduits was
sustained. Streets and alleys in a city
: are the public property placed under the
I supervision and control of the municipal
: ity. the representatives of the sovereign
j power. They exercise this supervis'oh
: and control for the benefit of the whole
i public, those living upon and those pass
ing through such streets and alleys. And
in the exercise of this supervision, which
! is the police power, they must see to it
that the rights of the public and of pri
vate persons are not infringed.
The complainant, under the act of Con
gress, has the right to use these high
; ways. Neither the State nor any muniei
! pallty can prevent it. But this use must
j be subordinate to the rights of the pub
; lie, must not endanger those rights. And
as the municipality is the guardian of the
public in this regard. It can establish such
lawful provisions as may regulate the
use, always, however, avoiding such reg
i illations as will make the use burden
; some and intolerable, and so practically
1 impossible. (City of Philadelphia vs.
Western Union Telegraph Company. S2
Fed. Rep., 797.)
This being so. the injunction granted
by the Circuit Court is too broad in its
language and effect. There should have
been the recognition of a proper exercise
of the police power by the municipal cor
poration, and the use by the complainant
of its poles and lines should have been
declared to be subject to such regula
tions and restrictions as may now or may
be herafter imposed by the City Council
of Richmond, in the proper and lawful
I exercise of the police power.
INTOLERABLE AND IMPOSSIBLE.
The only remaining question is. do the
■ ordinances of the city of Richmond pre
! scribe regulations which will rmike the
use burdensome and intolerable, and
practically impossible?
"It belongs to the Legislature to exer
cise the police power of the State, sub<
;ect to the power of the courts to ad
judge whether any particular law is an
invasion to rights secured by the consti
tution." (Mugler vs. Kansas, 123 V. S.,
SB.] "The Legislature may not. under
the guise of protecting the public inter
ests, arbitrarily interfere with private
businesses of or impose unusual and un
necessary restrictions upon lawful occu
pations. In other words, its determina
tion as to what, is proper exercise of its
| police power is not final or conclusive,
I but is subject to the supervision of the
j f-ourts." (Lawton vs. Steele, 152 V. S. .
I 137.) If this be the case with regard to
1 the Legislature a fortiori it applies to a
| municipal corporation, the creature of
the Legislature.
On examination of these ordinances, it
will be seen that as a condition precedent
to the use of the streets of Richmond, a
petition must first be riled for the pur
pose of erecting and maintaining poles
and wires for telephone purposes, in ac
cordance with the conditions of that or
dinance, and such conditions as the Coun
cil may see fit to impose. (Ordinance
approved 10th September. 1895.) The sev
enth section of that ordinance expressly
reserves to the City Council the right to
put at any time other restriction* and
regulations. And the whole tenor and
effect of the ordinance is to put the com
pany absolutely under the control of the
city. And the terms of the ordinance
are enforclble under heavy penalties. The
next ordinance— the one providing for
wires in conduits — after providing that
the City Council may compel the remmal
of wires from poies overhead in certain
streets and the putting them in conduits
in certain streets, under a penalty of nr>t
less than $100 or more than $500 for each
pole per week, provision is made for per
mission to build conduits of sufficient ca
pacity to accommodate the wires in such
streets and to provide for an increase
thereof to at least the extent of 100 per
cent, the increase of space not to be oc
cupied by the party building the conduits
without the consent of the Council, the
conduit to be used for the wires of the
Council free, and the City Coun.il t.,
allow any oth^r person or corporation !<
use such conduit for wires upon paying
compensation in th^ mode prescribed by
the City Council. This privilege of build
ing and owning conduits to last no longer
than fifteen years, ut the end of which
time the city may put such other restric
tions, conditions and charges as it may
see fit. or may order their removal at
the expense of the owner. The charge
for using or owning any wire in any such
conduit shall be for each year until Jan
uary 1. 1900. $2 per wire per mile; af
ter January 1, 1900. such larger com
pensation for the rest of the term as tht
City Council may see fit.
These are some of the condition*
now imposed, with the right to im
pose any others which the Coun
cil may see fit. Now it goes without
saying that if the complainant, notwith
standing its claim of protection under th.
act of Congress of ISM. were willing to
file a petition to the City Council for the
privilege of using its streets and alleys,
and in that petition agreed in considera
tion of its grant to abide by any present
or future condition, regulation or restric
tion the Council may impose, this woillA
be a binding contract and would control
the complainant. (R. R. Company vh.
Ryan, 153, U. S., 436.) Whatever the rights
of the complainant may have been und< i
such a stipulation, it would surrender
them and come within the absolute domi
nation of the City Council. The court*
could not review any ordinance to ais,
cover if it be within the lawful exercise
of the police power, for the complainant
would be bound by its contract to obey
the ordinance, be it a police regulation or
not.
These conditions, regulations and re
strictions already prescribed by the CJtv
Council appear to be stimulated by a de
sire to oppress and control, perhaps de
feat, the existence of the complainant,
and so are not the lawful exercise of the! !
police power. I
Let the case be remanded to the Cir- I
cuit Court with instructions to modify
the terms of the injunction therein grant*
ed, so that it may conform to the prin
dplea declared in this opinion, the costs
ot the case to be equally divided between
the parties.
Death Ends Her Suffering.
OAKLAND. Feb. 12.— After two days'
frightful suffering, Mrs. Mars' Flannery
of 1267 Campbell street died this morn-
Ing from the effects of burns inflicted by
an exploding lamp. Her husband, Jjimes
Flannery, who was In Tuolumr* 1 County
In the gold fields, returned last night.
The doctors pronounce It the worse case
of the kind ever called to their atten
tion. The unfortunate woman's hands
were burned until her finger-nails dropped
off. Her feet and legs were burned to a
crisp, while her face, neck and back
were badly scarred.
DIED FROM
OPIUM IN
HIE BOWERY
Young Henry Church
May Have Taken
His Life.
Tragic Ending of a Man
Who Made History
in Oakland.
After His Divorce He Went
East and Started a
Business.
HAD FOUR STEPMOTHERS.
Married a Young Actress, but Was
Divorced a Short Time
Afterward.
Oakland Office San Francisco Call,
908 Broadway, Feb. 12.
From a home of wealth and luxury
to death in the lowest of Bowery sa
loons in New York, Is the fate of John
Henry Church Jr., who ten years ago
was one of the best-known young men
in this city.
Probably no family on either coast
has had more romance and tragedy in
jected in their history than that of the
Churches of this city. John Henry
Church Sr. is now a resident of San
Francisco, is in poverty, and word has
just been received that a short time ago
his favorite son either died from the
effects of or committed suicide by tak
ing morphine.
At the time ot his death the New-
York papers declared that there was "a
mystery on the Bowery." A well
dressed young man took a room at the
Klondike lodging house, 359 Bowery,
and for two days did not go out. At
the end of that time the docrr was
forced open, and the dead body of the
man was found on the iloor by a chair,
upon which were a syringe and a vial
containing morphine. He had regis
tered as Thomas AlcCarty, but an in
vestigation of his clothing showed that
his name was either J. H. Church or G.
H. Granville. After the bc-dy was taken
to the morgue Granville was discov
ered, and a little later the dead man
was recognized as Church. His step
father, Stephen Van Court of Mt. Ver
non, made the identification. Mrs. Van
Court, young Church's mother, was
formerly one of the live wives of J. H.
Church, the wealthy saloon man of this
city.
About ten years ago young Henry,
contrary to his father s wish, married
a young actress, who was then em
ployed at the Golden Gate Music Hall
in this city, an institution which has
long passed into history. Their mar
ried life was short and unhappy, and
young Church secured a divorce.
Some time later Henry was arrested
for an alleged theft of a watch and
was sentenced by Judge Wallace
to twenty years' imprisonment. A
new trial, however, was grant
ed him, and his mother, Mrs.
Van Court, who had always maintain-
Ed correspondence with young Henry's
divorced wife, sent out $100u to pro
vide for her son's defense. He was en
abled to procure attorneys and at his
second trial was acquitted.
After this incident young Henry
went to New York, where his mother
set him up in business, and for some
time he had been doing tolerably well.
He had, however, contracted the habit
of using morphine, and three days be
fore his death he disappeared from
home, and, as developments showed,
he had gone to the room on the Bow
ery under an assumed name either for
the purpose of having a morphine de
bauch or taking his life. "Whether his
death was accidental or Intentional is
still a matter of doubt.
Young Church's father is perhaps
the most-married man in California.
Years ago he started his matrimonial
career, and at that time ne was said to
be worth $200,000. Periodically he has
beon divorced and married until he has
had five or six wives. In nearly every
instance a separation took place only
in conjunction with the giving of a
handsome sum to the aggrieved wife,
consequently each time Church mar
ried he was poorer than when he last
appeared before the altar. Both he and
his son have from a variety of reasons
been before the courts in this city and
San Francisco as much as any two
members of one family ever were.
Young Henry's former wife is now
living in this city, having been married
to a very worthy man.
CIGAR DEALERS
IN DIFFICULTY
A. Pennsylvania Firm Sues for
the Recovery of a Large
Sum.
Peculiar Phase of the Situation A
Suspicious Transfer of
Property.
Harrold Bros., dealers in cigars and to
bacco, 103 Front street, were attached
late Friday afternoon by i. w. Sny
rter upon an assigned claim from Oblong
Bros., Philadelphia, Pa., for cigars and
:obacco sold and delivered by them with
in the past year.
The Philadelphia firm, not receiving a
remittance, became suspicious and sent
a representative to make an investiga
tion, which resulted in his finding that
property formerly in the name of Frank
and W. P. Harrold had been either trans
ferred or that a homestead had been filed
thereon. Property in Mill Valley has been
•leeded to George Harrold, and the book
accounts to a mother of the members of
the firm. All of these transactions are of
recent date, and by the attorneys of the
plaintiffs. Walter. H. Linforth and Grove
C. Whitakcr, are looked upon with sus
picion.
A peculiar phase of the situation is
that, notwithstanding the fact that the
attachment is for a large amount, $17,
:•!«, there seemingly is only one creditor.
An effort, therefore, to force the firm
into insolvency v/ould fail, as it would
require the petition of at least five cred
itors. The parties making the attach
ment will necessarily be compelled to al
lege fraud to have the assignment of
book accounts, the filing of homesteads
.-<nd deeding of property set aside. That
this course will be pursued is intimated
by the attorneys for the plaintiffs.
■ m ■
Read Call History offer. Page 2. •
MEN TURN PALE,
WOMEN FAINT
Turmoil at a Meeting of
the Village Belle
Circle.
The Treasurer Threatens to
Kill the Chief Com
panion.
An Investigation Into the Treasurers
Accounts the Causa oT the
Trouble.
There was an exciting time at the
meeting of the Village Belle Circle,
Companions of the Forest, Friday night
in the Alcazar building.
Edward P. Donovan, 265 Harriet
street, was recently elected chief com
panion, and upon his induction into of
fice he decided on making an investiga
tion into the accounts of the treasurer
and financial secretary, J. G. Chase, a
carpenter and builder on Larkln street,
near Vallejo. At his suggestion an au
diting committee was appointed, which
roused the ire of Chase. The commit
tee commenced their investigation, and
Donovan, on receiving a partial report,
became convinced that something was
wrong.
During the meeting Friday night
Donovan called upon Chase to produce
some vouchers. Chase jumped to his
feet, called Donovan a vile name, and
quickly put his hand in his hip pocket.
He threatened to kill Donovan and a
wild scene followed. A number of lad
ies belong to the circle and several
were present at the meeting. Chase's
words and actions filled them with ter
ror, and their screams could be heard
all over the building as they made a
combined rush for the door. The crush
was so great that two of them fainted,
which added to the excitement.
The men were calmer and several of
them made a grab for Chase and held
him till Donovan got out of the way.
The meeting broke up in disorder, as
bloodshed was feared if Donovan re
turned.
Yesterday morning Donovan appeared
before Judge Joachimsen and swore out
a warrant for the arrest of Chase on
the charge of threats to kill. He had
not got over his excitement, and it was
evident that his nerves had received a
severe shock. He told the Judge that
he firmly believed Chase would carry
out his threat to kill him, and he
wanted him bound over to keep the
peace.
"The Investigation must go on," said
Donovan, "and It won't do for this man
to try and prevent it by threatening to
take my life. I am certain something
Is wrong, and his conduct last night
has simply made me more convinced of
the fact."
WILL SAIL FOR SKAGUAY.
The Steamer Australia, Captain
Houdlette Commanding, Taken
Off the Honolulu Line.
The steamer Australia, Captain Henry
C. Houdlette commanding:, arrived in
port yesterday after a pleasant voyage
from Honolulu. The next trip out made
by the Australia will be to Skaguay, as
the steamer has been chartered by Good
all, Perkins & Co. to convey freight and
passengers to the frojen gold fields in
the Northwest Territory. Captain Houd
lette, who iB one of the best known and
most popular cnptains sailing out of this
port, will remain in command, and the
majority of the crew will also make the
voyage with him.
"We had a very pleasant voyage from
the islands," said the Jovial captain last
night. "I cannot recall an incident or
event worthy of notice," he added, "un
less it was the fog bank we ran into eight
hundred milf»s out from port. We were
in the bank day and night, and I can as
sure you that we felt pleased when we
got out of it. when off the Farallon Isl
ands."
Captain Houdlette said that it came to
him as a great surprise when he was in
formed that his next trip would be to the
Klondike regions. He has made 151 trips
to the Hawaiian Islands, and It will ue
strange for him to take the Australia
over an entirely new course.
"All the information I have received
concerning the voyage to Skaguay," said
the captain last evening, "comes from
the pilot. He told me that the Australia
had been chartered by Goodall, Perkins
& Co. and that I was to pail with her
within a few weeks. I was tired out when
I got in. and went home without visiting
the office. I suppose I will recei\ - e all
necessary instructions Monday."
Captain Houdleite will have the best
wishes of all who know him in his new
field of duty. . uring the many trips
made by him to the islands he won a
host of friends, and those who are fre
quently called to travel to Honolulu will
miss him and hi* stanch steamer.
COLLECTED IN
THE CORRIDORS,
R. U. Stelnman. ex-Mnynr of Sacra
mento, ia at the Palace with hia ■frife.
County Clerk G. M. Foote of Hollister
Is one of yesterday's arrivals at the
Grand.
Mr. and Mrs. F. 8. Cooley have come up
from San Mateo and are at the Occi
dental.
•V. S. Gregory, Sheriff of Amador
County. Is registered at the Grand from
Jackson.
Dr. George Kriehm, one of the profes
sors of Stanford University, is a guest
at the Grand.
Raleigh Barcar, a legal luminary of the
Vacavllle bar, is at the Lick on a short
visit to the city.
Walter Mohns of the firm of Mohns &
Kaltenbach leaves to-morrow for Alaska
on the National City.
C. M. AVooster, one of the big political
men of San Jose, is to be found at the
Palace for the next few days.
R. C. Scott and J. G. Rothwell are two
travelers who arrived on the Australia
yeterday anU went to the Occidental.
Dr. George T. Hunter, one of the fore
most physicians of New York, is at the
Occidental on a short visit to the coast.
W. F. Geary, one of the best known and
moat public-spirited citizens of Sacra
mento, arrived in the city last evening
and went to the California.
H. Stoddardand A. S. Boyd, well-known
residents of Santa Barbara, returned
yesterday on the Australia from Hono
lulu, where they have been on a trip of
relaxation from business cares.
Emile Zola.when
he determined to
apply for admis
sion to thej
French Academy j
some years ago,
knowing .ful! well
the opposition
A KINDLY c
OFFER c
OF A BOOK. °
o
that would be made on account of the
bestiality of his writings, decided be
fore trying for admission to write some
thing of a different nature that might
perhaps soften those opponents of his
who did not approve of that realism
which depicts so vividly and disgustingly
all that is base and brutal in human na
ture. The result of that decision was "La
Beve," one of the purest and sweetest
little Btories ever given to the French
world of literature. But rjotwlthstand-
ing the favor with which it was received
it failed to accomplish the object for
which it was written and Zola continued
to be of the earth instead of occupying
the place among the immortals that he
craved.
The other day one of our city's promi
nent divines, presuming on the priv
ileges accorded to those of the cloth.
Bent up his card to a lady living in one
of the 'city's prominent hotels and was
told to come up to the room.
The lady, a bright society woman of
unquestioned taste and breeding, has no
particular love for ministers under any
circumstances. So when this particular
dominie came into the room and catch
ing sight of a book bearing the name of
Zola on the cover bc-gan to read her a
lecture on the literature she used the
hostess lost all patience, and turning to
her visitor said: "Perhaps in composing
the magnificent sermons with which y<m
hold us spellbound each Sunday your
time is so taken up that you have no op
portunity to keep in touch with the pro
ductions of lessor geniuses and therefore
are to be excused for not always knowing
of what you are talking. But as I see
you have leisure to pay social calls to
day I will lend you this book and excuse
you while you go home and by reading
it see what a very pretty little story it
is." The minister left, but in such a
hurry that he neglected to take the book
so kindly offered him.
J. H. Henry, a capitalist of San Jose, is
staying at the Palace.
A. P. Catlin, ex-Superior Judge of Sac
ramento, is registered at the Lick.
Dr. A. C. Griffiths, one of the leading
physicijuis of Santa Rosa, is a guest at
the Grand.
Professor R. E. Allardice of Stanford
has come up to the city and is at the
California.
Mason W. Mather of the Plumbago
mine is at the Occidental on a vacation
to the city.
E. J. Caldwell, a gentleman largely In
terested In Montana mines, Is registered
at the Baldwin from Helena.
W.* G. Irwin, the millionaire Honolulu
sugar planter, arrived at the Palace yes
terday with his wife and child.
State Senator J. L. Beard of Alameda
returned yesterday from Honolulu, where
he has been spending his vacation.
A. and M. Agassiz, the two well-known
scientists, have returned from their trip
to Honolulu and are at the Palace.
E. Ingalls, a wealthy New Yorker and
capitalist of Buffalo in that State, is at
the Palace on a pleasure trip to the
coast.
George E. Briggs, proprietor of the
Highland Democrat, published at Peek
skill, on the Hudson, is at the Occidental
from New York.
CALIFORNIANS IN NEW YORK.
NEW YORK, Feb. 12.— Lloyd T. Breck
inridge of San Francisco is at the Buck
ingham Hotel. Mr. and Mrs. Frank J.
Carolan of San Francisco sailed for Eu
rope to-day.
Music at the Park.
The following programme will be ren
dered by the Park Band to-day:
March, "Chilcoot" A. Roncovieri
Overture, "'Fairy Lake" Auber
Suite, "Throe Quotations" Sousa
a. "The King of France, with 20,000 men,
marched up the hill and marched down
again."
b. "And I was born in Arcadia."
c. "In Darkest Africa."
Selection from "Les Cloches de Comevllle"
Planquette
"Jubilee in the Alps," with echo band..Gungl
Scene from the celebrated opera, "The Bar
ber of Seville" Rossln!
Flute Solo, Selected
Mr. A. Lombardo.
Waltz, "Jolly Girls"' Volstedt
Murch. "In the Hwim" L. Bruck
State Kong, "Hall, California" Gro
Death of John A. Wheeler.
The many friends and acquaintances of j
John A. Wheeler -will regret hearing of j
his death, which occurred Friday after
noon, after a long and painful illness. Mr.
Wheeler was a native of Vermont, and
had he lived until the 17th inst. would '
have celebrated the seventy-third anni
verttXy of his birth. In his j'ounger days :
he was the superintendent of the Hoosie j
tunnel, and assisted materially in its
construction, afterward coming to Cali
fornia—in 1S(6 — since which time he has
been at the head of the draying depart
ment of N. Clark & Sons and the .Pacific I
Pottery of this city, where he was held in !
the highest esteem. He leaves two
brothers, H. H. Wheeler, on the Supreme I
bench of Vermont, and N. A. Wheeler, j
a prominent druggist of Springfield, Mass. '
His widow is a sister of Mrs. D. I. New- j
kirk and Mrs. John Cobley of this city. |
The funeral will take place from the
family residence", 2635 Mission street, at 2
p. m. to-day, under the auspices of the
American Legion of Honor, of which de
ceased was one of the early organizers.
DR. LOUIS BAZET
IS INDIGNANT
With P. A. Bergerot He Scorns
the Charge of Anti-
Americanism.
Say They Favor Enlightened Ad
ministration of the French
Hospital.
And already is heard the merry crack
of the picket rifle heralding the big bat
tle two months hence for the control of
the French Hospital. Editor Marque of
l'lmparcial has already intimated that
the opposing faction of La Ligue d'Henri
IV is preparing to conduct its campaign
under the leadership of Dr. Louis Bazet,
Attorney P. Alexandre Bergerot and his
father. Perhaps the most "serious" ac
cusations against these three has been
that Dr. Bazet is "opposed to American
physicians."
And now come Dr. Bazet and Attorney
Bergerot with a clever flank movement.
They say. jointly, that they revere
ADVERTISEMENTS.
HE SENDS^IT FREE.
A Never Failing Remedy That
Makes a Man Young Again.
TRUE MANLINESB QUICKLY REPLACES THE
WORN OUT NERVES AND VISOR.
When a man's strength and vigor is
slowly wasting away from nervous
weakness, the mental forebodings are
ten times worse than the most severe
pain. There is no let up to the mental
! suffering day or night. For years the
I writer rolled and tossed on the troubled
I sea of Nervous Debility, Emissions,
Lame Back and the various other
troubles of Sexual Weakness, until It
was a question whether he had not
I better take a dose of poison and thus
i end all his troubles. But providential
| inspiration came to his aid in the shape
of a combination of medicines that
completely restored his general health
and enlarged his weak, emaciated
j parts to natural sire and vigor, and
he now declares that any man, young
! or old. who will take the trouble to
send his name and address may have
Free full particulars of this wonderful
home treatment which quickly restored
me to my full strength and vigor of
youth. Now, when I say free, I mean
absolutely without cost, because I want
every weakened man to get the benei t
of my experience.
There are thousands of men suffering
the mental tortures of weakened man-
hood who would be cured at once could
they but get such a remedy as the ono
that cured me. Send fur it, and learn
that there are a few things on earth
although they cost nothing to get, are
worth a fortune to some men,' and
mean a lifetime of happiness to most
of us. Write to Thomas Slater, 178
Masonic Temple, Kalamazoo, Mich.,
and the information will be mailed in a
plain, sealed envelope.
AUCTIONSALES.
EMIL COHN, Auctioneer.
Office warerooms, T^i Mission: st.; tel. Clay
47. • Better .than Klondike. 1 will sell $1000
worth of stationery, periodicals, school sup-
plies, etc.,. formerly belonging to MR. EIN-
TRACHT, at r 713 Larkin st.
Wednesday, Thursday, Friday, Feb. 18, 17, 18.
Commencing. ea,ch day at 11 a. m. Particu-
lars in Tuesday and Wednesday papers.
• EMILCOHN. Auctioneer.
!
i
!
I
j
I
I
i
;
'
France, and for that reason want her
hospital here to have the best physi
slans—who are American. Dr. Bazet him
self was prevented from entering the
management for -three years . solely be
cause he had an American diploma. . P.
A. BerKerot was the man' who opened
the hospital doors to doctors with Amer
ican diplomas and the faculty comprises:
Dr. Bazet, who is also president of the
San Francisco Polyclinic; Dr. Orella, as
sistant surgeon, who is a graduate of
Cooper College and a native son; Dr.
Neo Neumark, an American and con
nected with the San Francisco Polyclinic;
■ Dr. Hayes,. an American, appointed on
i the recommendation of Dr. Bazet; three
f internes, Dra. Burses, Putnam and Allen,
i all American doctors; Oscar Mayer,.
j gyrecologist, graduate of a German uni
| versity. Thus out of the eleven doctors
! at the hospital seven have American di
, plomas, two French, one German and one
Austrian, effectually disposing of the
charge of anti-Americanism.
Attorney Bergerot states that the' tight
i* being made by Tlmparciai in the inter
est of a certain candidate for the presi
dency of the hospital, "supported by Mr.
Marque and a few other Chauvinistic gen
tlemen who arc opposed to everything
that is American."
In fact. La Ligue seems to have scored
a strategic point so far over its enemy,
I'Alliance.. ":. .. ,
. O . ; '
It takes about ten weeks to build a
railway engine.
ADVERTISEMENTS.
To the Editor : I have an absolute CiVe for
CONSUMPTION nad all Bronchial, Throp.t and
Lung Trouble*, and all conditions of Wasting
Away. By its timely use thousands of apparent-
ly hopeless cases have been permanently cured.
So proof-positive am I of its power to cure. I
will send FREE to anyone afflicted, THREE
: BOTTLES of my Newly Discovered Remedies,
i upon receipt of Express and I'ostoiTice address.
Aiwavs sincerely yours,
T. A. SLOCUM.M.C, 183 Pearl St.. New York.
• When wri*:- ~" ■* " -'■■>■ nl»««i-wii»- •*!<;<< *>r>-no-
fs%€^ s %OF) AND' TOM
m^^n^^^^\fs-'PDse BOOK Sent
FREE with home tes-
M|^|^jl timor.ials and exact
ed over I,oooCancersin California in 8 yrs;asyrs'
: experience. Any lump in the breast Is Cancer;
they always poison from breast to arm-pit and
lip. to throat. If large it is then too late.
S. R. C HAM LEY, M. D.,OFFICE, 719 MARKET ST.. S. F.
SEND TO SOMEONE WITH CANCER
fvMtDRi JORDAN'S <»*«*
I*!!?, Museum of Anatomy
Iplfll'ji ICE! IUSZXT ST. let. 6&*7ih, B. T. C&L
0 5 B The Largest of its kind in the World.
1 Jjg|\ DR. JORDAN—Private Diseases.
Consultation free. TVrue for Book
(n Philosophy of Carriage.
o Q *. ' l ■ vailed rnrc.
Weak Men and Women
SHOULD USE DAMIAXA BITTERS. ?HE
. pre.it Mexican Remedy: gives health and
■trength to the sexual orsrass. . . :
OCEAN" . TBAVEL.
PACIFIC COAST STEAMSffIP CO.
Steamers leave Broadway wharf, J£*n~.
San Francisco, as follows: .£ES?sE
For ports in Alaska. 10 a. m.. Feb. 5, 10. 20,
25, and every fifth day thereafter.
For Victoria, Vancouver (B. C), Port Tovrn-
send, Seattle, Tacoma, Everett, Acacortes and
Njw Whatcom melllngham Bay. Wash.), 10
a. m., Feb. 5, 10, 15. 20, 25, and every fifth day
thereafter, connecting at Seattle with com-
pany's, steamers for Alaska and G. N. Ry.. at
Tacoma with X. P. Ry., at Vancouver with
C. P. Ry.
For Eureka (Humboldt Bay), steamer Ho-
mer. 10 a. m., Feb. 13. 19, 25, March 3, %, 15,
21. 27, and etui/ sixth day thereafter.
For Santa Cruz, Monterey, San Simeon. C*»
yucos. Port H&rford (San Luis Obispo). G&vl-
nta. "Santa Barbara. Ventura, Hueneme, San
Pedro, East Ban Pedro (Los Angeles) and
Newport, » a. m.. Feb. 2, 6. 10. 14, 18, 22. 2«.
and every fourth day thereafter.
For San Diego, stopping- only at Port Har-
ford (San Luis Obispo), Santa Barbara. Port
Los Antreles and Redondo (Los Angeles), it
a. m Feb. 4. 8. 12. 16, 20, 24. 28. and every
fourth day thereafter. . .
For Ensenada, Mapdalena Bay, San Jose del
Cabc, Mazatlan, Altata. La Pa*. Santa Ro-
salia and Guaymas 10 a. m.. March. I,
April 3, and 2d of each month thereafter.
The company reserves the right to change
without previous notice steamers, sailing dates
arid hour* of snM'nr.
TICKET OFFICE—Palace Hotel. 4 New
Montgomery st.
GOOD ALL, : PERKIXK A CO.. G«n. -A*rts.. "'■•
■ 10 Market st., San Francisco..
. THE 0. R. & N. CO.
DISPATCH FART STEAMKRS TO
PORTLAND
;, From Spear-street Wharf at 10 a. m.
FARF -* 12 First Class Jncludln? Berth
rAnc $& Second Cla«^ and Meals.
SCHEDULE OF SATLTNGS:
State of California Jan. 23, Feb. J. 12. 21
C010mbia.:....'..:..:......Jan. 28. Feb. 7, 17, 27
Through ticket? and • through baggage to all
Eastern points. Rates and folders upon appli-
cation to F. F. CONNOR. General Agent.
680 Market etre«fc .
GCODALL. PERKINS St CO..
' : : Superintendents.' r
jfUKt&&mtX}tl •-'"■ B. S. AUSTRALIA.
A^^&fJ&£3|3ir for HONOLULU only.
■ fi Thursday, February
fHM||M|#l 17 6. S. AUSTRALIA.
fjfllilllL for HONOLULU only.
[■C*' a «*» Thursday. February
|| .. 17, at 8 p. m. Special
«L«R»i^lrWTKf'ifW ThesMARIPOSA
SftWmQhinJ The S. S. MARIPOSA
CyiuJiil-MilU -alis via HONOLULU
/O)rjp)J<f?lUand AUCKLAND for
«<?7 - IV>IIJUU:«r SYDNEY, Wednesday.
. -' ' .- February 23. at 2 p. m.
Line to COOLOARDIE, Australia, and CAPS
TOWN, South Africa.
J. D. BPRECKELS « BROS. CO., Agents. ;
114 Montgomery street.
Freight Office— Market st.. San Francisco.
Compagnie Generals Transatlantiqaa. .
.':.:■ French Line to Havre,
Company's. Pier mew), it North j,^.^
River, foot of ! orton st. Travelers <j@LEO>'
by I this | line . avoid - both transit • by •^2aw«PSta
English railway and the aio.-.omfort of crossing'
the channel in a smell boat. - New York to
Alexandria," Egypt, via l'-rls. first cl«us» JlBO,
•econd class $116. ■
LI BRETAGNE December 11. 10 a. m.
LA GASCOGNE.. December IS, 10 a. m.
LA NORMANDIB........December 25. 10 a. m.
LA CHAMPAGNE January 1. 10 a. oa,
LA BRETAONE ....... January 8, 10 a. oa
For further particulars apply to „ ■
; .' ! < A. FORGET. Agent. .
• - No. '8, Bowling Green, New Tort
7. F. FtTGAZI & CO.. Agents, S Montgomar|»
»■»*., San Francisco. " " ""':. ' -'
STOCKTON STEAMERS '
Leave Pier No. 8. Washington St.. at 8
• -■,;*-"•.:•".' p. m. Daily. - . :..
FREIGHT Rl'-CEIVKL) Oi' TO 6:30 P. M.
Accommodations I reserved by tolephona."
The only line selling through tickets and *!».
ing through freight rates to all uoiata on ths
Valley Railroad. ' •
, ; STEAMERS:
T. C. WALKER. J. D. PETERS.
MARY GARRATT, ■ CITY OF STOCICTOJf.
: Telephone Mulo 80$ Cal. Nn" and Impt. Co.
For Sao Jose, Los Gatos & Santa Cruz
i' Steamer Alvtso , leaves : Pier I.' daily (Sundays
excepted) at 10 a. - m. ; Alviso daily (Saturdays ■
txcepted) at 0 p. m.--Freight and Passengers..
Fare between San Francisco and Alviso. 50c:
to San Jos*. 75c. Clay street. Pier I. 41 North
First street. San Jose. :.■.*•", c> :.:-•..;;;■ :;-: :■.■■■
FORU. S. NAVY=YARD AND
; Steamer " Monticcllo"
Will lie up to receive new ; boiler and general
overhauling"' on ' February il,'- and ? resume he«
route on March L*.-" - !- HATCH BRO* '
15