6
WEDNESDAY SEPTEMBER 6, 1899
JOHN D. SPRECKELS, Proprietor.
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WASHINGTON (D. C.) OFFICE Wellington Hotel
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BRANCH OFFICES— Montgomery street, corner Clay.
open until 9:30, o'clock- 300 Hayes street, ooen until
£:30 o'clock- 67,9 McAllister street, open until 9:30
O'clock- 615 LartOn street, open until 9:30 o'clock
-1941 Mission street, open until 10 o'clock- 220' Market
street, corner Sixteenth, open until 9 o'clock- '093
Valencia street, open until 9 o'clock- 106 Eleventh
street, open until 9 o'clock- NW. corner Twenty
becond and Kentucky streets, open until 9 o'clock"
AMUSEMENTS.
Columbia— "The Bells."
Oriiheum — Vaudeville.
T.v.<li —"Carmen."
Alrazar — "< Christopher Jr."
Gmnd Opera-house— "El Capltan."
Chutes, Zoo and Theater — Vaudeville every afternoon and
tvoni:;s.
Olympia, earner Maron and Ellis streets — Specialties.
?utro Baths— Swimming Races, etc.
Mechanics" -Mechanics' Fair and Philippine Ex-
hibit. ___^_^_____________
AUCTION SALES.
By Easton, Eldridge &- Co.— Tuesday, September 12. at 12
O'clock, Rfal Kftate, it 63S Market street.
NEW ENGLAND BIMETALLISTS.
PROVIDENCE, Rhode Island, is the scene of
the first meeting of the New England Bimetal
lic League, and the public will learn with
something of surprise that the chief of the New Eng
. ■ . ts ■ ■ ■ Illinois, Tillman of
S.-r.th Carolina, Lentz of Ohio and Judge Tarvin oi
Kentucky. Those men at any rate were thi
lings of the first day. and
it would appear, therefore, that the Bimetallic i
id enough New Englanders to
speak in its name and welcome visitors to the con
ference.
Another curious feature of the occasion i- that the
first meeting was held on Sunday, a day that New
nd dec -rum sets apart for churchgoing and
meditation upon treasures laid up in heaven. A po
litical assembly on that day may be held in New
England, but hardly by natives who have a due re
ir tradition and the respect of their neighbors.
Finally, to complete the surprises of this extraordin
ary league, the convention gathered not in a hall
where it could discuss grave questions with dignity
and sei but in a certain resort called Cres
cent Park, where, as we are duly informed, the voices
of the orators were frequently lost in the blaring of
brass bands and the noise of "money-making at
■ -is."
Despite the surprising nature of these features of
nference, it may be they are but natural and
perhaps inevitable attendants upon such a gathering
in that part of the country. A clamor lor frei
could be hardly better located than in a park where
idle revelers go on Sunday to spend the week's earn
■: merry-go-rounds, Punch and Judy shows
and dime museums. It is at such a place free silver
rs are most likely to get a hearing. As the
people witl not attend silver conferences, the confer
ust i- 1 " to the people, and as the congregations
in the churches would not sanction such oratory the
speakers are in a manner forced to the picnic re
sorts where it may be readily supposed they find
many persons eager for cheap money and plenty of it.
The discourses of the day were about as lurid as
hioned hell-fire M-rmons, and no doubt consti
'ttrnctions in harmony with the two-headed
calf, tin. bearded lady, the African gyascutas and other
freaks and sensations of the picnic. Mr. Tarvin of
Kentucky made hi- debut as a New Englandtr by
declaring the demonetization of siiver "concentrates
wealth, makes tramps and criminals of men and sui
ind prostitutes of women." Tillman, who rep
a section of New England
in th< <;ri'd his hearers he would use his
pitchfork before- the convention closes and use it with
effect Mr. Lentz of Ohio was even more thrilling.
ar,d to! "We look to New England
with amazement when we see the cringing servility
of i l -. masses to that plutocrat! oligarchy wl
nore arbitrary and more inconsistent than any mon
arch in Europe."
The speech of the occasion was that of Altgeld. It
showed traces of a genuine Xew England spirit, in
asmuch as it was confined almost wholly to a discus
sion of New England condition- nd paid but little
attention to the affairs of the rest of the country.
Any one who rends it will perceive that had Altgeld
been a resident of Boston itself instead of a dweller
in such a remote suburb as Chicago he would have
been a Puritan. He declared that with free silver
every mill in New England would be running day
and night, there would be abundant market* for all
produce, and wage-earners would have money to
i] ■ nd as well as money to save.
Altogether it • ■ ■ rrious picnic occasion, and
the first day of the first meeting of the \- ■
Bimetallic :-■ ;i Sunday picnic ;
neighborhood of Providence will be loi
1,. red by all who were present and alternated between
tb< speeches and the merry-go-rounds.
\n attachment for contempt has been issued
against United States Navy Surgeon Lung on ac
count of his failure to pay his wile alimony pending
ition of her suit for divorce. This is palpably
(fort to malce Lung "cough up."
The fighting men of San Domingo have intro
duced a novelty in warfare. After pelting the rebels
with bullets the other day the Government forces sur
rendered and entertained their victors.
THE SAX FRANCISCO CALL, WEDNESDAY, SEPTEMBER 6, 1599.
INTEMPERATE UTTERANCE.
'np'HE Oakland Tribune praises the patience of the
imperialists with their opponents, and d< dares
that those who oppose conquest have put to
ire te^t the endurance of those who favor it.
We have no sympathy with any who descend to
: personalities in the great controversy, nor with those
who use it merely as a means to get office. But when
discussion turns upon intemperance of utterance it 1,
i not to be forgotten that it began with the advocates
of imperialism. The President is himself responsible
for the anti-imperialist sentiment. He was its tr-t
leader and exponent. His declaration that forcible
' annexation would be criminal aggression, opposed to
our national code of morals, was the most extreme
expression that has been uttered. It was in plain
terms the denunciation of conquest as a crime. The
conscience of the country accepted it. and has
1 not readily changed with the President, who now
< ffers another example of extreme statement by de
nouncing as "rebels" an alien people who are re
sisting forcible annexation. The reason why people
who accepted the President's first expression have not
'•■red to his second is to be sought in the style
chosen by imperialists in the beginning of their advo
cacy of their novel policy. When General Merritt
admitted last January that that policy was in opposi
tion to the constitution, but declared that the country
had outgrown the constitution, which was no longer
worth discussing, he alarmed the people. That alarm
was not lessened when Whitelaw Reid, one of the
Commissioners who made the Paris treaty, said that
the time had come to teach the American people the
absurdity of the Declaration of Independence.
The Tribune i< wroth because an audience in a
church in Cincinnati, facing Murat Halstead, gave
utterance to sympathy for Aguinaldo; but is silent
about that other audience in a church in Chicago,
h hist April heard approvingly their pastor. Hen
son, denounce the Declaration of Independence as
'"the most damn:. Me iie ever invented by the devil to
deceive men."
The Cincinnati audience was guilty of the offense
of passionate utterance upon an issue that can be de
cided only by the temperate and sober mind. The
Chicago audience was guilty of a position that strikes
at the very vitals of republican liberty. All over the
country for weeks the sentiment favored by the
Tribune declared itself in contempt of the constitu
tion and in enmity to the Declaration of Indepen
dence. Tho-e declarations were abhorrent to every
sentiment of patriotism and to every aspiration of
liberty. They were in rebuke of the men who died
for the establishment of the republic and of the other
countless thousands who fell in red war that the
Union might be perpetuated. The men who were
most moved to action by these sinister and alarming
expressions of venom against the principles of our
Government were Republicans of the school of Lin
coln. In ail his utterances he went back to the
Declaration of Independence as the rock on which
the republic is founded. He gloried in its statement
of the fundamental truths of civil government, and
declared that when tyrants and traitors assailed the
principle of the equality of men the masses would go
back forever to that Declaration as to their title to
the guarantees of the constitution.
We have read no apology for Merritt, Reid and
Henson. The imperialist-, instead of repudiating
their venom against the' constitution and the Declara
tion, have defiantly adopted it into their creed.
Having done so, they turn upon the anti-imperial
ists and impeach their motives because of intemperate
: and passionate expressions by some who believe that
forcible annexation is criminal aggression, opposed
: to our national code of morals.
The anti-imperialist sentiment does not need to take
refuge in epithet. It represents the sober mind of
the country, which will finally decide the i^sue. It
resorts to no legend nor motto beyond the words of
President McKinley himself, which we have already
quoted. He stated the case of anti-imperialism better
than any other has stated it. In his statement the
whole case is carried. Eulogies of Aguinaldo are un
necessary. Let him stand where the President's
phrase put him as the victim of criminal aggression.
In that character his personal merits and demerits
are lost sight of. Above all things, the soldiers of
the country are deserving of all honor. They have
done their best and highest in obedience to their duty
and their oath. It is the President himself who has
described them as engaged under orders, in criminal
aggre— >sed to our national morality. Xo
other has gone further in characterization. All the
greater sympathy goes out to the troops that they nrc
sent to a duty so described by the same President
who orders them to it.
The war of conquest should be speedily closed, for
only when it is over does the experiment begin for
which it was undertaken. The nature of that experi
ment is revealed in the commercial expectations of
the imperialists. These have had their latest expres
sion in the utterances of Senator Carter, an earnest
imperialist, who says: "The Republican party will
retain the Philippines as a matter of business profit.
This is a practical age. We are going to deal witii
this question on the basis of dollars and cents. If the
American people believe that the Philippines are
going to help us. they will never let the islands go.
If, on the other hand, they find that the Philippines
mean a constant drain and small returns, you will find
the people against permanent retention. Neither re
ligion nor sentiment will have much influence in de
termining the verdict. The great question is, 'Will it
pay?' "
We suppose the Tribune will admit that this is the
first time in our history that Americans have been
asked to go beyond seas, in a poison climate, to wage
a war for mere dollars and cents and to make a con
quest in order to see whether it will pay when made.,
and to give it up if it doesn't.
The anti-imperialists have no need to use epithets
nor devise arguments, for their opponents supply all
thai they need to use.
Even the aroma of a cigar has become an agent
of detection in crime. F.ecausc the mate of the
A;v.er< :r: -hip Cyrus Wakefield has been caught
smoking hi -.:'■' priced cigars he is suspected of having
murdered the captain, who died at sea.
h is an "ill axiom that every evil has within it
. i province and clement of good. Mark Hanna
intend - to return to Ohio and seek the defeat of John
R. McLean for Governor.
GETT ING AHEAD OF THE PROCESSION
GEORGE FRED WILLIAMS, the silver leader
of Massachusetts, and C. T. Callahan. chair
man of the Democratic State Committee, to
gether with certain followers and supporters, have de
vised a scheme which is giving the conservative Dem
ocrats of the State more pain than they can cure with
a bottle of Bourbon. In accordance with the scheme
the Democratic State Convention called to nominate
candidates for State offices in the campaign this fall
elects also delegates to the National Convention in
1900. By this plan a solid silver delegation, with
Williams at the head, is assured from Massachusetts,
no matter how great may be the opposition of the
rank and file when the issue arises next year.
Mayor Quiricy of Boston lias taken the trouble to
enter a formal and vigorous protest against the plar
and to him Mr. Callahan has replied, in effect, that if
the conservatives do not like the plan they can do the
other thing. Such a reply from such a source leads
the Boston Herald to declare the silver men to be a
set of incompetents who do not understand the rudi
ments of politics. The leaders of a minority party, it
argues, ought to try to conciliate voters in order that
the party may have a chance to win. A willful irrita
tion of public opinion and a contemptuous disregard
of the wishes of those who are inclined to support
the party are evidences of asinine leadership, and tlvc
Herald angrily adds that in Massachusetts the aver
age citizen would rather vote for a party led by
knaves than one led by fools.
Whether that judgment be sound is not for us to
say. It is certain, however, that in no State do the
voters look favorably upon such political tricks as the
one proposed. David B. Hill tried it once in New
York for the purpose of sending an anti- Cleveland
delegation to the Democratic convention of ißq.?, and
he succeeded in getting such a delegation, but the
final result was not to his liking. A strenuous pro
test was made by other Democrats in the State, a
contesting delegation was sent to the National Con
vention, and, as the world knows. Cleveland was
nominated and elected. .Mr. Williams can hardly be
lieve himself an abler politician than Mr. Hill or
think his machine stronger than that of Tammany,
and if he and Mr. Callahan be not as incompetent as
the Herald declares them they might with advantage
study the experience of the New York men.
It is not easy to understand why the silver men
should undertake a snap judgment on the voters of
the party in Massachusetts unless it be they are veri
table incompetents in authority. The Massachusetts
vote in a Democratic convention will not have much
weight, for no one expects the State to support the
ticket. About all Williams can gain from the trick is
an assurance of his election as a delegate, and if he
be certain the rank and file of the party are with him
he is foolish in not leaving the party free to elect him
in the regular way. About the only conclusion to be
drawn from the performance is that the New England
silver leader.^ are afraid to trust even their own party
and are willing to resort to any tactics to obtain n
temporary advantage.
It is announced in all seriousness that the transport
Morgan City was sent on a reef under the guidance of
an experienced pilot. Less experience and more care
might be found valuable in Uncle Sam's transport
service. If the pilot was perfect in experience the:
ship might have been sent to the .bottom.
An Austrian diplomat is trying to find nut if he
has been insulted by General Roget. If the French
officer had made the query for himself he might hon
estly be told that he couldn't be.
EXCESSIVE AND VICIOUS LEGISLA
TION.
SENATOR MANDERSON, in giving a review
of the legislation of the past year, in the course
of his address at the recent meeting of the
American Bar Association, summed up the results of
the work of the State Legislatures in this statement:
'"I doubt if in any twelve months since the foundation
of our State governments has there been so much
legislation. Forty-one of the States and Territories
have held legislative sessions. In some of tlie States
the session laws for 1899 fill over 1000 pages, and the
average number of pages is much over 500. The
quality is not sufficient warrant for the quantity, an 1
if it be true that "the country is governed best which
is governed least,' then, indeed, most of the States are
in a sorry plight. A critical examination of these laws
will not only force. the conclusion that we are gov
erned too much, but the character of much of the
legislation, with its socialistic tendency, its destruction
of individuality, interference with personal liberty.
encroachment upon property rights, making of the
State not only a fostering father but a nursing
mother, will affright every true lover of liberty."
There is of course a rhetoric.;! exaggeration in trre
statement that the legislation of the year will affright
every true lover of liberty. It is well understood by
intelligent men that the vicious or harmful legisla
tion upon the statute books of the various States is
the result of carelessness or of ignorance rather than
of any deliberate attempt to interfere with liberty or
to injure property. As soon as a statute is found to
be bad, public opinion turns against it, and it is either
repealed at the next session or left unenforced.
There is nothing to affright patriots in our laws,
but there is a great deal that interferes with business,
prevents progress, checks development, disturbs in
dustry and engenders discontent. There is. moreover,
a good deal of it that tends to incline the thoughtless
into the belief that the ills of civilization, the evils
resulting from individual deficiencies, can be reme
died by statute. Thus one bad law, even though it be
promptly repealed, leads to the enactment of another
just about as bad, and we pass from one folly to
another with each successive Legislature.
It will not be easy to eliminate these offenses of
legislation from our governmental system. Where
popular government prevails the statute books must
necessarily reflect the opinions of the dominant ele
ment in politics. The majority of men elected to our
State Legislatures are not fitted for the task of deal
ing with the complex problems of modern statecraft,
and yet they have no hesitation in undertaking to do
so. Thus we have every year a sort of jungle of
statutes through which the courts have to clear a way
for business.
The only remedy for the evil is that of ridding the
popular mind of its errors regarding the scope and
the possibilities of legislation. When the voters are
no longer subject to the promises of agitators, dema
gogues, visionary reformers and others of that class,
when they elect as legislators none but men of a high
order of sagacity and a broad knowledge of the
limitations as well as the effectiveness of legislation,
we shall have fewer laws and better ones. In the
meantime we must get along as best we can. Ameri
can common sense makes short work of silly laws, and
in all the confusion of the statutes, while there is much
to annoy, there is nothing to frighten a true lover of
liberty.
A young lady in a Massachusetts town has been
struck dumb by eating an apple. Some friend of his
fellow men might benefit humanity by importing
some of those apples and feeding them to a set of
local street orators.
President Schurman of the Philippine Commission
hopes there will be an early end to the Filipino war.
It is remarkable how some people can divine the
thoughts and express the wishes of the American
people.
It begins to look as if death will reap a rich harvest
before Great Britain and the Transvaal realize that
they were both wrong and that votes are not always
more valuable than lives.
FORCING AN EXTRA
SESSION ON THE PEOPLE
The Mexican Candidate and the Governor Have the Law and
Public Opinion Against Them, but—,
EDITOR of The Call— Kir: To those
who read the signs of th.- times,
there can be no question thai the
M< xlcan candidate for United
States Senator, with his usual
dogged pi rsistency, will, if pos
sible, through the unstinted use of the
Governor's patronage, endeavor to pur
chase, cajole >>r threaten enough men
Into a promise sufficient to elect him if
ority of th? whole of the last
Legislature will ay roe to go Into caucus.
The fact that the iast Bessicn of the
Legislature wan frittered and wasted by
his ridiculous aspirations does not s em
to disclose to th« mind <>f tha would-be
statesman any reason why there should
not be another session which he may
use, regardless of cost to the people, as
a stepping-stone to lift himself into the
saddle as a United States Senator. The
obstacle is ilia; then- will be no regular
session of the Legislature until the first
week in January, 190 L It therefore be
comes necessary to attempt to prosti
tute the extraordinary powers vested in
the chief executive of the State ami to
persuade or cajole him into calling an
extra session of th'- Legislature.
This can only be done by a flagrant
violation of the law and by trampling
under foot every principle crystallized
in the constitution of the State of Cali
fornia. The entire trend of constitu
tional limitation of past years has been
in this State, as well as in others, to re
strict the powers of the Legislature and
to limit the time when that body, in
stalled in the State capital, might sup
port itself from the public treasury.
Recognizing that nothing is so fraught
with danger, the constitution provides
by the second section of its fourth arti
cle that no pay shall be drawn by a
member after sixty days from the date
of the commencement of the session. It
also provides that no bill shall be in
troduced after a period of fifty days
from tn>' 'i;tt.' of the commencement of
the session, thereby stopping the regu
lar business and tne pay or the mem
bers tor tii» purpose of provoking an
early adjournnn nt.
owing to the fact that the sessions
;n,. biennial, and that during the long
period between them th. re- might arise
some exigency which v.^uld require im
mediate attention at the hands or the
of the State, the constitution, in
it- definition <>f th< powers of the Gov
ernor, gives to th;.t official by section 'J
of the rtfth article the powet to call by
proclamation an extra session Ihe
language may well be repeated here
verbatim:
"H<- may on <xtraordinary oc
casions, convene the Legisla'ure
by proclamation, staling the pur-
P : jsl-s for which he has conv< n< <t
it and when so convened it shall
hive no power to Legislate on any
subjects other than those speci
fied' in the proclamation, but may
provide for ih.- expanses of the
session and other matters inci
;l thereto."
This language would seem plain to the
ordinary mind, but it has been held that
arts of the Legislature which were not
|i I islative might be performed in a
special sesaion, Buch, for instance, as
confirming an appointment made by the
Governor, and, by the Burns people, it
is claimed the election oi a Lnlted
States Senator is also not legislative
and n»ed not be embraced in the
proclamation and could not be the ob
ject of a special session.
So, then, the extraordinary occasion
must be sought H must be created.
And because a Superior Judge in an in
terior county has given a construction
to a decision of the Supreme Court of
the United States, this is to be made an
extraordinary occasion for the exercise
of the power by the Governor under the
section quoted! It must be evident,
however even to the infantile mind, to
say nothing aboul ihHt of the dis
tinguished Jurlsi who now occupies the
chair ol the chief executive, a man who
is a lawyer by profession and claims to
rank as' such at the head of his local
bar that a matter which was in exist
ence before the hist I. eerislature convened
and which as such existed through the
entire session, cannot be an extraordi
nary occasion under section 9 of article
5 of the constitution. It would be sup
posed when the question of extra ses
sion is discussed, that the Norwood
case of the United States Supreme
LOS ANGELENOS PLEASED
WITH THE RECEPTION
Sincerely Thankful for the Courtesies
and Hospitality Shown Them
While in the City.
L.OS ANGELES, Sept. s.— Editor Call,
San Francisco— Dear Sir: On behalf
of the organizations? whoso delegates
attended the magnificent reception ten
dered by your city to the Califor
nia soldiers who returned from the
Philippine Islands last week. I am di
rected to express to you our sincere
thanks for the many courtesies and the
hospitality shown us by the Executive
Committee and the people of San Fran
cisco.
We desire to compliment you upon the
thorough arrangements that characterized
the entire programme of the entertain
ment, and we assure you that we fully
appreciate the patriotic spirit that
prompted the people of San Francisco in
so ably and liberally supporting the ef
forts of your committee. We are unani
mous in our expressions regarding the
success of the demonstration.
Respectfully yours,
F. J. ZEEHANDELAAR.
Secretary Merchants' and Manufactur
ers' Association.
POSTAGE ON SUNDAY CALL.
SUNDA V C A ITw rapped ready
for mailing — postage 2c to all
points in United States, Canada
and Mexico, and 4c to all for-
eign points.
CHAPLAINS BANQUETED.
The clericus of the Episcopal church
entertained as guests of honor at a dinner
given Monday evening in the Occidental
Hotel Chaplain Flemming of the Colorado
Reg-iment and Chaplain McAllister of the
United States cruiser Philadelphia. Tha
dinner was an excellent one and the even
ins was pleasantly passed in listening to
reminiscences of the groat happenings
that have tilled the country with their
glory during the last eighteen months.
Bishop Nichols and Bishop Moreland
both were present, as was almost every
prominent Episcopal clergyman in the
city. The Bishops made a few remarks
and then gave way to the peaceful men of
war. who entertained the guests with
stories of adventure by flood and field.
A number of complimentary things were
said by the different gentlemen present ot
the appointment of Rev. D. C. Garretl
to the pastorate of St. Luke's Church.
That gentleman replied to these kindly
words of welcome and in a few well
chosen sentences assured those present of
the appreciation he felt for the compli
ments they had showered him with.
Court is a recent discovery, but that is
not true.
During the entire time that th.- Legis
lature of this State consumed in banot-
Ing foi a i nited States • nator, last
January and February and a pan of
March," this decision was open iuw to
any one who chose to reau ti, because
it was decided upon the l^tn day of
December, 1898, and appeared in pamph
let form early in January. Fhe bar of
the State will await u:e proclamation
(or an extra session in a condition of
amused expectancy, which, when the
noted case is read will change :nt.> a
roar of laugnter; Jur the Norwi
do. s n<>T decide anything which the
Burns people claim for it, and it is so
foreign to the plea under which the
extra session is to be called iha: one
need not be a lawyer to kn iw how
flimsy the pretext and to what desperate
straits the politicians v.ii. attempt to
adopt it must bi driven. Norwood
against Baker Is not a street assessmi ni
case, nor Is i; a street improvement < ise
within the meaning of the Vrooman act.
The law relating to local assessment
for the purpose of improving a street,
that is, sewering, paving, sidewalklng,
grading and regraamg, has long been
settled, both In this btate, in tne At
lantic States and by the supreme Court
of the I'nited States, and do one may
question it, not even a political lawyer.
The street law has been framed undei
a section of the constitution which has
been in existence ever since California
was a State, copied from ;he constitu
tions of the older States, repeatedly and
consistently construed judicially, and
to-day the Vrooman act is as good and
street improvements are as constitu
tional as they have ever been in the State
of California, and there is nothing to
question the doctrine in the case of Nor
wood against Baker. Norwood against
Baker is not a stieet improvement case;
it was an action for eminent domain
for the condemnation of land, by which
the estate of the defendant was sought
to be taken from him and appropriated
to the purposes of a public street, and
it was attempted to charge him not
only with the benefits which it was said
his remaining land would receive by tak
ing away from him one piece of his
land, but it was also sought to tax htm
with the very costs of the condemnation
suit.
When you divest a citizen of his prop
erty by condemnation or under the doc
trine of public use, the constitutional
questions at once become very grave
and serious, because from the early
days of the Knglish-speaking race, from
the time that the common law received
its recognition in England, the Anglo-
Saxon has at all times been Jealous of
the rights of personal liberty and his
right of property. It is easy to see that
the taking away of a piece of land from
a man and causing him to pay a sum
of money for having: his land taken
away from him, should naturally jostle
and jar the Ideas of the average Anglo-
Saxon about property rights. And so
when the Governor of the State, should
he decide to call an extra session, comes
to look at the question, he will find,
flrst. that the conditions called "extra
ordinary" existed before the last ses
sion convened, and that an entire ses
sion of the Legislature passed without
taking any notice of what is now called
an "extraordinary occasion." He will
also find, if he takes the trouble to read
the case of Norwood against Baker,
that there is nothing in it "which in any
wise changes or checks the existing
street law of the State. If he will stop
to think and read the handwriting on
the wall, he will conclude that the tem
per of the people will not permit the
using of a flimsy pretext like this, un
founded in law and fact, to place the
Legislature of the State at the service
of an unscrupulous politician.
In conclusion I would respectfully re
fer the Governor to the last two para
graphs of the decision rendered by the
Supreme Court In the Norwood case,
which are as follows:
The judgment of the Circuit
Court must be affirmed, upon the
ground that the assessment
apainst the plaintiffs abutting
property was under a rule which
excluded any inquiry as to special
benefits, and the necessary op
eration of which was, to the
extent of the excess of the cost
of opening- the street in question
over any special benefits accruing
to the abutting property there
from, to take private property
for public use without compensa
tion.
It is so ordered.
A MEMBER OF THE BAR.
San Francisco, Sept. 5.
CHANCE FOR DISBARRED
ATTORNEY PHILBROOK
OFFENSIVE PETITION STRICKEN
FROM THE RECORDS.
Horace \V. Philhrook, the disbarre/1 at
torney, is waiting far the verdict of the
Supreme Court to find "where he is at."
As published recently, he has made an
effort to have the disbarment judgment
set aside, ?o that he may follow his pro
fession again. This is now in the court
under advisement. It will be remembered
that in ISHS Philbrook was prohibited by
the Justices of the higher court from
practicing hereafter because of his con
duct in the Levinson case. Last January
he made a motion to have the case re
heard, but his petition was in such lan
guage that the Justices refused to con-
Bider the matter, whereupon he filed his
petition formally in court. Then he set
about to prepare a brief in Bupport of the
position lie had assumed.
The brief was a rabid attack upon the
court and many attorneys of this city
While he presented a copy to all inter
ested parties he has not filed the docu
ment in the court as yet. This was com
piled to be made use of in the event of
the court giving him a chance to discuss
his case. Yesterday the motion calendar
was heard, but Philbrook's case was not
down on the records of the day so the
court had nothing to consider. However
Philbrook made an ex parte motion to'
which attention was given. In his pre
amble he recited the nature of the judg
ment of disbarment and applied to have
the same declared null and void and set
aside. In substance it was very similar
to the one made in January, but in milder
language.
Chief Justice Beatty stated that the
motion as it was presented was not in
such form that it could be immedlatelv
considered by the court, which however
would take the matter under advisement'
He then directed that the clerk strike
from the records of the court the Deti
tion made by Philbrook in January This
is the one to which the court found such
objection regarding the language
ANSWERS TO CORRESPONDENTS.
A NATIVE SON-J. R., city A man
born in the State of California is a na
tive son of the State, but he cannot be a
Native Son of the Golden West unless he
becomes a member by initiation of the
organization of that name. As native of
the State he would not be allowed to wear
a badge of the Native Sons of the Golden
West unless he belonged to ÜB&t order,
and if he did. not being a member, he
would be liable to punishment for a mis
demeanor.
NAVIGATION— Reader, Santa Cruz,
Cal. This department has time and again
announced, that it does not advertise any
business or firms and that those who re
quire information the answer to which
amounts to an advertisement, if printed,
should send a self-addressed and stamped
envelope and the answer will be sent by
mail. The schools of navigation in San
Francisco are private institutions, and
for that reason will not be advertised In
the department of Answers to Corre
spondents.
GOLD AND SILVER— H. W. H.. Grass
Valley, Cal., and Reader, City. Then Is
no premium offered for & gold pieces
coined after 1834 nor is any premium
offered for half-dollars coined in 1861 and
in 1862. The dealers sell $5 pieces of 1850
for $7 50 ami those of 1860 for $7. Half
dollars of 1861 and of 1862 sell for 85 cents.
FALSE NAMES— H. W. N., City. If a
man and woman should mutually agree
to procure a license to marry and each
give a false name for the sake of secrecy
and both should be sworn while obtaining
the license, each would be guilty of per
jury and liable to prosecution within
three years, it is probable that a court
would hold that such a marriage wouia
not be valid for the reason th< parties ai
the time of obtaining were not gemralK
know:: as thi parties named in the license.
OREGON— W. M. M., Sacramento, Cal.
The Nootka treaty of 1796 between Spain
anu urwit umain only gave the latter
some tracing ana nshing rignts in ih«
vicinity oi ruget Sound. Ihe discovery
ana exploration of the Columbia River
Dy Captain Kouert Gray, an American,
who gave the name of ms vessel to .the
river; the purcnauc of Louisiana and all
that Belonged to it to the Pacinc from the
trench in ISU3. their claim being the best
next to that of Spain; the exploration of
the Columbia Kiver by Lews and Clarke
by order of the United States in 1804-06,
and the treaty of limits between Spain
and the United States in IMP. by which
all the territory north of 42 degrees north
latitude was expressly declared to 'belong
to the United States, were held sufficient
proofs of the title of the I'" 11 ** 1 States to
that territory. Still. Great Britain laid
claim to a large portion of the region.
The United States claimed that the Ore
gon country" included between 42 degrees
and 54 decrees and 40 minutes formed^a
part of the Louisiana cession, but Eng
land refused to recognize the claim. In
1818 the United States and England agreed
upon a joint occupancy by treaty, and
that was renewed in 1527. There was a
dispute as to the boundary line 3 between
the United States and England, which
for a time threatened war. It was ami
cably arranged by treaty in 1546, but there
was still a question as to where the boun
dary line was to run. the United States
claiming that it should run through the
Canal de Haro and England through the
Rosario Straits. It was left to the Em
peror of Germany to decide, and in IsJZ
he decided in favor of the United States.
AROUND THE
CORRIDORS
Olney Robblns of Boston is at the Pal
ace.
W. Stuart of Pasadena is at the Palace,
accompanied by his family.
James McCudden. the Vallejo con
tractor, is registered at the Grand.
State Senator Thomas Flint Jr., arrived
yesterday and is at the Palace.
Drury Melone has come down from his
home at Oak Knoll and is staying- at the
Palace.
Among the recent arrivals at the Occi
dental Is C. L. Wilson, a capitalist from
Antloch.
F. W. Wilmans, a wealthy mining man
of Sonora, is among the late arrivals at
the Lick.
George Thompson, one of the leading
attorneys of Bakersfleld, is registered at
the Lick.
Lieutenant and Mrs. M. C. Gorpas have
come down from Mare Tslnnd and are at
the Occidental.
W. J. Berry, the Bakersfle'd mining
man who made a fortune In the Klon
dike, is registered at tin- Lick.
J. M. Johnson, third vice president of
the Chicago. Rock Island ami Pacific
Railroad, is a guest at the Palace.
"William Ikle, a wealthy manufacturer
of New York, is staying at the Grand,
where he registered yesterday morning.
Dr. Henry C. Watt, one of the best
known medical men in the Hawaiian Isl
ands, is a guest at the Occidental, where
he arrived last night.
Dr. V. Gisner. a leading physician of
Salem. Or., Is registered at the Lick,
where he arrived last evening. Dr. Gis
ner is accompanied by his wife.
W. J. Dorm. contracting freight agent
of the Southern Pacific at Los Angeles. Is
a guest at the Occidental. He is visiting
the city on business connected with his
position.
J. B. Overton. the Nevada County mill
ionaire and mining man. is at the Russ
C. E. Lindsay, the District Attorney of
Santa Cruz, is at the Russ. He arrived
yesterday morning.
CALIFORNIANS IN NEW YORK.
NEW YORK. Sept. 5.— A. C. Paulsmelr
of San Francisco in at the Imperial.
Charles Sinclair and wife. G. H. Murphy
of San Francisco, are at the Bartholdi.
CALIFORNIANS IN WASHINGTON
WASHINGTON, Sept. 6.— H. H. North
of San Francisco is at the Wellington.
William H. Small of Los Angeles is at the
St. James.
PURGED OF CONTEMPT.
Dr. Lung Did Not Refuse to Pay His
Wife Alimony.
Dr. George A. Lung, surgeon of th«
Philadelphia, appeared before Judge Mu
rasky yesterday in obedience to an order
citing him to appear and show cause why
he should not punished for contempt of
court for having failed to pay his wife
Elizabeth alimony pending the outcome
of divorce proceedings. Dr. Lung said
that he had no desire to disobey the or
der of court and was anxious to pay his
wife alimony and that for some time
money had been on deposit in the navy
pay office for her use. The order was
then dismissed and Dr. Lung retired.
■ ♦ ■
Cal. glace fruit 60c per lb at Townsend's.*
. ♦ .
Best eyeglasses 10 to 40 cents at SI
Fourth st., nr. 5c barber and grocery. •
■ » ■
' Special Information supplied daily to
business houses and public men by the
Press Clipping bureau (Allen's). 510. Mont
gomery street. Telephone Main 11M2. •
Barkeeper in Trouble.
Buswell Harrison, a barkeeper, was ar
rested yesterday by Patrolman McGov
ern of the California-street police station
on a charge of grand larceny, preferred
by J B. Smith, a visitor from the coun
try. Smith alleges that he was drunk
and '.bat Harrison got away with $70 of
his money that he bad left with Harrison
for safe keeping.
" Mrs. Winslow's Soothing Syrup "
Has been uned for fifty years by mlllloni of
niothers for their children while Teething with
perfect success. It soothes the rhild. softens
the gums, allays Pain, cures Wind Colic, regu
lates the Bowels and is thi beat remedy fi>r
iJiarrhoeas. whether arising from teething or
other causes. For sale by druggists In every
part of the world. Be .-.ure and ask for Mrs.
Wlnslow'j Soothing Syrup, 2."ic a bottle
HOTEL, DEL CO RON ADO— Take advantage
of the round trip tickets. Blow only $60 by
■teamshlp. Including fifteen days board at ho
tel; longer stay. $2 50 per day. Apply at j New
Montgomery meet. San Francisco.
Maxt causes induce gray hair, but Parxkb'S
Hair Balsam brings back the youthful color.
UiNDjcßcoßjfs, the best cure tor corns, IS on.