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VOLUME 114.—N0. 49.
DEPOSITORS SUE BANK WRECKER FOR $15,000,000 Bartnett and Associates in California Safe Deposit Company Are Defend ants in Action BROKEN AGREEMENT ALLEGED AS CAUSE Plaintiffs Charge Financiers With Bad Faith Regard ing Rehabilitation Suit to recover $15,200,000, including jr.?n,nnp damages sustained by the de positors of the California Safe Deposit and Trust company, was filed yester day in the superior court against Wal ter J. Bartnett, H. P. Wilson, W. C. Peyton and Oscar Cooper by Charles B. O'Connell and others on behalf of 13.500 depositors of the defunct in stitution. The action was brought through Attorney Daniel O'Connell. who asked for attachments on $1,000, -000 worth of property belonging to the defendants. The action grows out of the failure f W. P. Wilson. Walter J. Bartnett. W; *'. Peyton and Oscar Cooper to re habilitate the affairs of the bank, as it ia alleged they agreed to do pursuant to a contract made in 1909 between th"m and representatives of the De positors' association. Bartnett, Wilson and Peyton are said to be in New York; Oscar Cooper is an attorney of Pan Francisco. Cooper, according to Mr. O'Connell, merely was a passive factor in the agreement. SALARY GARNISHMENTS The assets that the plaintiffs sought to attach were alleged to be In the possession of the following companies, in which the defendants have either stock or bonds: Bank of California. •Jrocker National hank. E. F. Hutton & Co., Great West ern Power company. General Chemical company. Western Pacific railway. Old Mission Oil company. In addition they nought to garnishee the salaries of Fr-ink T,. Brown and Frederick W. Hall, local brokers. There are four counts to the com plaint. The first is that the defend ants failed to carry out a specific per- | formance in accordance with their con- I tract with the depositors. The second I ia that it was understood that If the I contract were not met the defendants were to pay damages, which, in the complaint, are assessed at $1,000,000. The third count is for damages sus tained by the defendants from alleged shrinkage of their assets following failure of the contract. This is esti mated at $5,200,000. The fourth is for judgment against the defendants for 75 per cent of the amount of the claims or the depositors. The total claims of the depositors ; • gainst the bank were $12,000,000, and three-fourths of that amount is $9,000, --000, for which Judgment is asked. CRIMINAL f ASES RECALLED The plaintiffs allege that Wilson. Peyton and Bartnett agreed that if bankruptcy proceedings were dismissed against D. F. Walker, W. J. Bartnett and J. Dalzell Brown, officers of the' bank, and if criminal proceedings were cropped apalnst Bartnett. they wouid raise $1,000,000. which, with $1,000,000 put in by the stock holders, would re habilitate the institution. The com plaint alleges that Bartnett, Peyton and Wilson represented to the district attorney that the banking house of Hallgarten & Co. of New York was ready to put up the money and that thereupon the criminal informations were dropped. The plaintiffs allege that Wilson. Bartnett and Peyton. August 6. 1911, refused to put up the money and that the time for criminal prosecution ex pired. According to Mr. O'Connell, the time In which the civil action might be brought would have elapsed Au gust L 1913. CLOAK FIRM PAYS 50 CENTS ON DOLLAR Greater *nn Francisco (ompmr to Liquidate 10 Per Cent Cash, 40 Per < >«jt In Installments keferee in Bankruptcy Kreft yester day filed his report in the bankruptcy proceedings of tho Greater San Fran cisco cloak company. The company owes and is able to pay 60 rents on the dollar. Of this amount JO per cent will be paid In cash and 40 per cent in Installments. Bankruptcy petitions Grover B. Larrlmore, a local team ster, liabilities $1,217.50, assets $90; Rudolph Strunk. a local merchant, lia -1 ill ties $12,026.83. assets $6,822.90; G. L. Clayton, a painter, Oakland, liabili ties,- $4,362.72 assets none; John Shorter, » brass molder, Sacramento, liabilities 1357.70. assets none; Charles Johnson, an Oakland merchant, liabilities $10, --101, assets $4,ion. DEFENSE IS BEGUN IN ANNAND MURDER CASE Sunset Butcher's Helper Seeks to Prove His Employer Committed Suicide The defense in the case of Walter E. Scott, charged with the murder of his employer, Egbert Annand, a butcher in the Sunset district, opened yesterday afternoon in Superior Judge Dunne's court. The prosecution fin shed its case shortly before noon. Scott is defended by Attorney Mel *me Van Dine, who was associated •with D. M. Delmas in the famous rhaw murder trial. The case was continued until Mon day. MUST REMAIN SOBER YEAR •fudge Dunne yesterday varied his ludicial duties when he administered :he pledge to George Zamphel, an iron s'orker, who bound himself to abstain 'rom intoxicating liquors for the period >f one year. Zamphe] expected to take Ihe oath before Judge Graham, but in Ihe absence of tlie latter on vacation !*ourt Clerk William McNulty guided Camphel to Judge Dunne's chambers. Alameda Bathing Beaches Poached by Southern Pacific Ferry Roats to Alameda Pier, thence by Elec tric Line to Fifth Street Station. Surf md Sunny Cove Beaches. See Agents, iouthern Pacific. —Advt. Law Stays Flight of Couple Doctor Returns to Be Tried Dr. Pope C. Hartman and Sophie Maddern, the nurse who fled ivith him from San Jose. HARLEY PAPER PLANT FIRE MENACES SECTION Blaze Causing $20,000 Loss Defies Department for Three Hours Fire, causing $20,000 damage in the Charles Harley Paper company and ths Tamm & Nolan Varnish works, Fifteenth street and Potrero avenue, yesterday afternoon threatened the manufacturing district for three hours. Twelve engines with many high pressure lines were necessary to check the flames. Three workmen were overcome by fumes, and M. J. McEwen, fireman of Truck No. 9. was cut about the hands hy glass. The paper company's build ing was destroyed at a loss of $10,000. The stock of Tamm & Nolan was dam aged to the extent of $2,000 and the paper company's stock to $K,OOO. LENIENCY LIKELY FOR GIRL IN MAIL NET Government. Hearing; Sweetheart Lured I.ass Into Fraud Scheme, Favors Eany Prosecution Prudence Smith, a country girl of Fresno, appeared before United States Commissioner Krull yesterday on a charge of operating a mall fraud scheme. She landed in the federal net when she tried to raise funds to defend Gordon Kinsley, who Is await ing tria] for mall frauds. The government, on learning that Kinsley, who has a wife and two chil dren in Los Angeles, hed lured her from her ranch home under promise of marriage, was inclined to be lenient with her. Her hearing was set for Monday. Mi6s Smith, influenced by Kinsley in jail, started the Berkeley Apron com pany and advertised for women to sew aprons # at $1.50 a dozen. A deposit of $2 was exacted from each woman who answered the advertisement to show good faith and to cover the ini tial cost of material. GRAIN RATE HEARING ON Interstate Commerce Commission to Continue Conference Here In the interests of San Francisco grain merchants, who are petitioning for an adjustment of differential rates on wheat and flour, William R. Whee ler, manager of the traffic bureau of the Chamber of Commerce, will leave today for Kansas City to attend a meeting of the Interstate commerce commission July 23. September 2 a continuance of the conference will be held in San Francisco, when San Fran cisco merchants will offer their side of the controversy. DAMAGE CASE APPEALED Appeal to the superior court from the alleged action of Justice of the Peace A. T. Barnett in continuing from time to time an..order restraining the sheriff from attaching property of the Pacific Coast Hospital association was taken yesterday by John Heffernan. Heffernan recently was given a Judg ment against the association in Justice Barnett's court for $163. but an attach ment has not been served. Heffernan asks a writ of review, claiming that the court had no jurisdiction when he held back the sheriff from serving the attachment. FIREMAN BREAKS HIS FOOT In attempting to get aboard an engine responding to an alarm at noon yesterday, A. Isaacs of engine No. 6 fell and one of the engine wheels passed over his right foot, which was broken. Isaacs was at lunch at Broad way and Stockton street when he heard the alarm and attempted to board the engine while lt was on the run. Nurse Also Comes Back, but Not In Arrest Officers Are Waiting With Warrant When Ship Arrives When the Oceanic liner Sonoma drew Into port yesterday morning from the antipodes and Honolulu it was boarded by Sheriff Arthur Langford of Santa Clara county and Detective Henry Kalmbach of the San Francisco police department, in search of Dr. Pope C. Hartman of San Jose, wanted in San Jose for child abandonment. Doctor Hartman was returning from Honolulu, where he had fled with Sophie Maddern, a nurse. The couple had vol unteered to come back to San Jose, Doctor Hartman waiving extradition. They returned as Dr. and Mrs. P. C. Hartmann, occupying separate state rooms. Mrs. Maddern left the dock immediately after the ship arrived, while Doctor Hartman accompanied the officers to the city prison. He later left for San Jose in cus tody of Sheriff Langford. Friends in that city furnished bail to the amount of $5,000, securing his release. It is reported that the accused man will make a strong fight, having made suit able provision for his wife and 6 year old son. it is declared, before leaving San Jose. Doctor Hartman left his home June 2S ostensibly to go to Sacramento for a vacation, acting upon the suggestion of friends. Family Not Destitute SAN JOSE. July 18.—Doctor Hart mann was brought to this city this forenoon by Sheriff Langford and was released on $5,000 bail given by friends. His friends say that before leaving with Miss Maddern he made financial provision for the support of his family for several years ahead. Mrs. Hartmann. when asked if there is any truth in the report that she and Hartmann will he reconciled, replied: "It is impossible for me to answer that question." DAMAGE CLAIMS SMALL AGAINST GEARY ROAD Out of 113 Accidents City Only Asked for $7,500; All Claims May Be Settled With the exception of a solitary su't for damages in the amount of $650 the legal record of the Geary street mu nicipal road is clear in so far as ac tions against the city are concerned. Inspection of the records of the county clerk yesterday showed that since January I—long before the entire road went into operation—but one suit has been filed, and that for a small amount. The action was brought by Jules Bou din for damages sustained by his horse and bakery wogan on January 20. 1913. The suit was filed June 6. Although there have been 113 accidents of all aorts, the total claims against the city's railroad amount only to $7,501 i Damage to a motor truck is estimated at $7,000 and the remainder of the sum is an aggregate of numerous trifling accidents. It is believed that all claims will be settled out of court. TAMALPAIS EXCURSION ENDS WITH ELOPEMENT Parents Give Blessing and Ordain Wedding Must Be Held Again In Church Miss Vivien Axpelle and Bonner James Gordon, schoolday sweethearts, surprised their parents Wednesday evening by announcing they had Just been married in San Rafael. The cou ple had started out to see the fire scarred aides of Mount Tamalpais. but on the way over decided it would be more interesting to elope. The bride, being 22 years old. Is a daughter of Mr. and Mrs. George N. Axpelle of 504 Bartlett street. Mr. Gor don is an architect, 20 years of age, living at 2218 Clay street. The parents otf both gave their bless ing and decided that, the couple should receive a double parental blessing by a church marriage this afternoon at St. John's Episcopal church in the Mis sion district. The couple will then leave on a honeymoon. TWO WOMEN AND MAN HELD FOR BURGLARY They Are Aroused of Breaking; Into Woman's HOnae mn a Stealing $236 Mary Riordan. Elmer Miller and his wife, Nellie Miller, were arrested yes terday afternoon by Detectives Me- Grath and Cottle on burglary charges. They are suspected of breaking into the home of Mrs. Elizabeth Hays at Sixth and Howard streets and steal ing $125 and checks aggregating $111. The detectives say they learned that Miller and his wife cashed one of the stolen checks. HOTEL FIRE STARTS PANIC Guests In Night Robes Flee From Sta dium Hotel la Early Morning A panic was narrowly averted at 4:30 o'clock yesterday morning, when fire broke out in the Stadium hotel, 500 Stanyan street. The guests fled to the street in scant attire. The blase started In the kitchen when a water heater ignited the walls. The damage is estimated at $1,000, covered by in surance. H. Sophey Is the manager of the hotel and bar. ALLEGED FORGER FOUND Man Wanted In Santa Barbara Caught Hiding In Closet Gaius H. Edinger, wanted in Santa Barbara to stand trial for forgery, wss caught yesterday In a rooming house at 307»A Broderick street by Detective Strei. Edinger was found In a clothes closet, hiding behind wearing apparel. TO YOSEMITE IN A NIGHT DONT MISS IT Pullman Sleeping Car via Southern Pacific. Leave Ferry Station $:40 P. M.: Oakland, Sixteenth Street Station. 10:17 P. M., arriving El Portal T A. li. Round trip from San Francisco, including stage between Hotel Del Portal and Sentinel Hotel, In center of park, 14 miles. $22.35. Stage * thence to wt wona (Mariposa Big Trees). 26 miles, and return, SIS. Comfortable camps la addition to first class heta!*.—Adrt. THE CALL HARMONY IS WHAT THE MAYOR WANTS Rolph Will Attempt to Wipe Out Differences Between Commissioners Asks Contending Boards to Get Together on Appoint ments and Salaries Mayor Rolph will attempt to wipe out the differences which have for a long time existed between the civil service and fire commissioners, at a meeting which he has called for next Wednesday night. At the meeting of the fire commis sioners yesterday a letter frora» the mayor was read, in which Rolph asked that the fire commissioners meet with the civil service commissioners for the purpose of discussing the differences existing between the two bodies and agreeing upon plans which will make for efficiency and harmony in conduct ing the city's affairs. After reading the letter Commis sioners Dillon and pfaeffle voted down Commissioner Hammer's proposition to send a communication to the civil service commission demanding that body approve Captain Jerry O. Collins' salary warrant for the month of June. The civil service commission thus far has refused to approve the warrant on the ground that Collins is not en titled to a captain's pay while acting as an operator for Chief Murphy. Commissioner Brandenstein voted with Hammer in favor of sending the letter, but Dillon argued that so long as matters of that sort would be thor oughly discussed at the joint meeting next Wednesday night, a letter at this time would only tend to complicate the question. Another difference which will be dis cussed by the two bodies will be that over the certification of candidates for positions in the fire department. The civil service commission has repeatedly refused to certify more than one name, although the fire commissioners have demanded that three names be certi fied In order that they might have some choice between candidates. The civil service commission holds that the charter expressly states that only one name shall be certified. Judge Mu rasky, however, rendered a decision several weeks ago in which he held that three names should be submitted to the fire commissioners if that body demanded that number. Mayor Rolph will endeavor to have the fire commissioners waive their right to have three names submitted to them. The mayor believes that when three names are certified for any position the friends of those named exert too much influence on the commissioners In trying to secure the position for their favorite. Other differences will be discussed and the mayor hopes to restore har mony between the two bodies ere the meeting adjourns. RECEPTION BY WOMEN PLANNED FOR DANIELS Secretary of Navy and Wife to Be Guests of Honor of California Civic League Secretary of the Navy Joseph us Daniels and Mrs. Daniels wlll'be enter tained by the women of the San Fran cisco center of the California Civic league next Friday afternoon at 3 o'clock at the St. Francis hotel, when the cabinet officer and his wife will be present at a reception. Secretary Daniels has agreed to make a short talk on navy affairs before the center. Mrs. James Ellis Tucker, president of the center, will be assisted In re ceiving the secretary and Mrs. Daniels by the directors and Mrs. Hiram W. Johnson and Mrs. Osgood Hooker. Among those who have been Invited as special guests are: Commandant and Mrs. Gove from Yerba Buena island. Commandant and Mrs. Bennet of Mare island. General and Mrs. Arthur Murray and all other army and navy officers and their wives stationed in the vicinity. Governor and Mrs. Johnson and Mayor and Mrs. Rolph. GIRL BURGLAR "DECOYS" SENTENCED TO PRISON Jessie Clifton aad Maude Marker of Stanyaa Street Gang Later Given Probation * Jessie Clifton, the 20 year old art student, and Maude Mackey. alias Shea, who acted as "stalls" for the "Stanyan street burglar gang," were sentenced yesterday by Superior Judge Dunne to serve Aye years each in San Quentin penitentiary. Later, the sen tence was suspended and the glrl.s were placed on probation for a like period. "If you girls," admonished Judge Dunne, "ever again get into any sort of trouble or are arrested you will be brought back to this court for viola tion of the parole rules and will be sent to San Quentin prison to serve out the original sentence." NONPARTISAN LEAGUE NAMES COMMITTEES Organization Prepares to Indorse Mu nicipal Ticket by X«mlng . Its Workers Preparatory to indorsing a full list of candidates for the coming municipal election the Nonpartisan Municipal league of San Francisco has made the following appointment of committees: Indlrsement of Candidates—ll. M. Smith, chairman: Philip Bancroft, Joseph Edelmsa, W. W: Thayer. F. J. Atkinson, Edward Perry. John Henderson, Finance —A. M. Duncan, chairman; John L. Polito. Thomas S. William's. A. E. Raas, B. P. Lapatchet, George W. Merritt, Alexander Ruesell. Platform—George E. Crothers. chslrman: J. E. White, T. W. Nowlin, Leo S. Snssman. Richard Welch, John McCatlnm, Theodore Plnther. District Organisation—E. J. Callan. chairman; O. W. Pennington. A. E. Haekctt. J. Ross Csrriek. Harry Gahelle. M. F. Taylor, Chester Lesthsm. Joseph «l» Martial. K. W. Strange, George J. Black. W. J. McWhlnney. GIRL FORGER WIRES TO HER MA SHE'S MARRIED Left Monday With 9710 Alleged to Belong to Her Employer) Married Same Day Gertrude Neto, the li year old girl who disappeared Monday with $210, has been heard from. Yesterday her mother received the following postal card written abroad a train: "Dear Ma: I have been married Mon day at 2:15. We will make pur home in Sacramento. Goodby. GERTD3. "P. S.—My name now is Mrs. Walter Cooper." Last Monday the voting girl, who lived at 107 Dwight street, was given two checks aggregating |210 by her employer. A. Roth berg, ISO Geary street, to deposit. Instead she forced ? the signatures and cashed them. LOCAL BREVITIES Jewelry worth $175 was stolen from the home of C. J. Quinn, 1140 Broder lck street. A miscreant yeaterday broke a large plateglass window in the store of Schwabacker, Frey company, 543 Mar ket street. O. 1.. Steven*. 020 Market street, swore to a warrant for the arrest of W. D. Smith on a charge of passing a bogus check for $20 on June 5. William J. Rowley, mining man from Sacramento, was held up early yesterday at Front street and Broad way and robbed of $20 by two men. ''Friendship" will be the subject dis cussed by Miss Elizabeth Korn at the Sunday vesper service of the Y. W. C. A. at 4 o'clock tomorrow afternoon. Miss A. Boone will sing a solo. George J. Petty yeaterday brought action for judgment in the amount of $858.75 against Attorney Robert D. Duke as executor of the estate of the late Professor E. S. Bonelli. George Hnnsen and William Davis, 82 Perry street, were fined $200, with the alternative of 100 days in jail, for violating the poison laws by Judge Shortall. Rabbi Barneh Shapiro of New York, who is engaged in evangelist work, will Speak at the William Wolf con gregation, 1411 Geary street, at 4 o'clock this afternoon and again Sun day evening at 7:30 o'clock, on "Lib erty Into Slavery." The young men's elaaa of the First Christian church will have charge of the Sunday evening service at that church tomorrow and a special musical program has been arranged for the oc casion. Argument on the application of Wil lie Ritchie, lightweight champion, for a court order to restrain the exhibi tion of motion pictures of his July 4 fight with Joe Rivers unless paid 50 per cent of the proceeds, was contin ued until Monday afternoon. Indorsement to the proponed bonds for the extension of municipal street railways was given by the Democratic dub of San Francisco at its meeting Thursday evening in the headquarters at 149 Mason street, and later the club expects to invite Mayor Rolph to address it on the bond Issue. Bishop Alexander Walters of New York will preach in the Wesley chapel Methodist Episcopal church Sunday afternoon at 3 o'clock. Min isters of all the city Methodist churches will take part in the services, the purpose of which is to raise funds to assist the colored people in the re building of their church, which was destroyed in April, 1906. Suit for Judgment In the amount of $4,557.50 on an architect's lien was filed yesterday against Eve and George Metcalf by Perseo Righetti and Au gust G. Headman, architects. The com plaint alleges that the plaintiffs dTew plans of a seven story hotel at Geary and Mason streets for the defendants. In memory of Sheldon Gay lord Kel logg, who died June 25, the board of trustees of the public library and read ing rooms yesterday passed resolu tions commenting eloquently on his value to the community as a library trustee for 12 years, his ability as a lawyer, and his devotion to church and family. Kellogg was 55 years old. Rev. W. Landan, president of the San Francisco Theological seminary, will preach tomorrow at the First United Presbyterian church. Golden Gate avenue between Steiner and Pierce streets. His morning topic will be "Finding a Great Book." and the evening sermon will be entitled "The Attractions of the Church." Prof. William H. Head of the West ern Theological school. Chicago, will lecture on "Pilgrims' Progress" tomor row evening at Grace Methodist church. Twenty-first and Capp streets. The Christian Science churches have oponed commodious reading rooms in the Sachs building, 140 Geary street, discontinuing the rooms at 177 Post street, 630 Shrader street and 4295 Cal ifornia street. Prof. C. Alphonso Smith of the Uni versity of Virginia, who is one of the lecturers at the summer school at the University of California, will address the Commonwealth luncheon at the Palace hotel today. Professor Smith holds the Edgar Allan Poe chair of English literature In the L'nlverslty of Virginia. The subject of his address will be "Poe as a Constructuve Force in World Literature." Clem Rasmuasen. an employe of a local sewing machine company, ap peared yesterday before Police Judge Shortall on a charge of petty larceny. He was arrested on complaint of Mrs. B. Burger, 1689 Page street, who al leged that he stole her sewing ma chine by trick and device in a deal wherein he pretended to take her ma chine in exchange for a new one of different make. The case was contin ued ' or decision. "The Christian Attitude Toward Health" will be the topic of Rev. Har old S, Tuttle's sermon tomorrow morn ing at Bethany Congregational church, while in the evening he will preach on "A Letter From Prison—Paul's Epistle to the Colossians." An illus trated reading of Henry Van Dyke's "The Other Wise Man," was given last evening under the auspices of the Bethany Sunday school. LOW RATES I— EAST—| B Destinations. \ B I Chicago $72.50 \ B I N«York ftHS ) Round Trip-Flm Clm. ■ I SS ( **> k. «,«3». a. I ■ PwXSVi. iSS ( Aotu " M 1, » , «V' 10,13,14,20,21, 1 ■ St. Paul 75.70 V 22,26, 27, 28. M ■ Washington 107.50 1 «. nt ?34sg o io ii fl ■ Baltimore 107.50 I Sept * 2 * 3 ' **'* 9 * 10, "* B ■ Memphis 70.00 / B j end many other points. / I B Slightly higher one way via Portland. Return limit three B B months—not to exceed October 31. B B Choice of Three Routes fl fl Via Western Pacific through Feather River Canyon, Salt Lake I City and scenic Colorado; via Southern Pacific through the Sierras, ■ Ogden, Salt Lake City and scenic Colorado; via Southern Pacific H and E. P. and S. W. through Los Angeles, the route of lowest I H altitudes. H Call on us for information about the low fares, tickets, rcser- fl H rations, etc. B 8 TICKET OFFICES: fl ■ 691 Market St.. 811 X St., 1226 Broadway, 519 So. Spring St, fl fl San Francisco. Sacramento. Oakland; Los Angeles. fl H Ceuneu far farther nartfeulsru, H fl C D. P. A.. «91 Market SL. B I InHfiMH Send me particulars in regard to a trip ijH fl F. W. THOMPSON Nam * H ■ Gen'l Weatera Ageat. Address wMM SATURDAY, JULY 19, 1913. SONOMA ROADS NOT VERY GOOD Curtis Miller in Regal Un derslung Journeys From Ukiah to This City Curtis Miller, agent for the Regal underslung touring car at Ukiah, ar rived in this city last night after mak ing an Interesting trjf» over the anchor route from the northern town to this city. Mr. Miller left Ukiah early yes terday morning and came south through Santa Rosa, Vallejo, Ben tela. Port Costa, Oakland, Hayward, thence north through San Jose and San Mateo. The distance for the entire trip was 281 miles. A trip of this character is some thing new to motorists of the state. The ordinary course of travel from Ukiah to San Francisco is south to Sausalito, thence across by ferry to this .city. In speaking of the trip last night. Mr. Miller said: "The roads through the southern part of Sonoma county are not. in the beet of condition. A heavy coating of dust covers the course and this, with the heat, makes traveling not very agreeable. "There are also several dangerous places along the highway. Especially In the mountains the road is very nar row and there appears to have been no repair work since the rains washed parts of the roads away last winter. It was necessary for me to run very slow owing to possible 6lides. "However, when I came into Marin and Napa counties conditions were far better. These counties recognize the worth of keeping their roads in repair, as the tourist travel through this part of the state is very heavy during the summer months. The roads have a rock foundation, which is made solid with cement and covered with a coat ing of oil. "I made good time in Alameda, Santa Clara and Ran counties, but coming into San Francisco around by the cemeteries this county could make the conditions better if it tried. "The trip, which is one not fre quented by motorists traveling be tween the northern towns in Sonoma county and this city. Is, however, a very pleasant one. I would recommend It to parties who desire lots of scenery with ample places for rest and ac commodations." Mr. Miller made a call on Frank O. Renstrom, agent for the Regal car in this city. GOSSIP ALONG "GAS ROW W. C. Ellingwood of the .Teffery com pany has just returned to this city from a trip through the San Joaquin valley, which he made in a Rambler touring oar and a Joffery truck. Mr. Ellingwood was gone on the trip for about one month. He made 300 miles in the truck and expressed pleasure with its working ability. * * * Fred Bowman, agent for the Ameri can Auto car in this city, returned yes terday from a trip to Sacramento and Stockton. He- was gone several days. * * * S. G. Chapman, agent in San Fran cisco for Hupmoblle and Chandler cars, tells a funny Incident which happened on his way back from the east. ''What are the passengers looking out of the window for?" asked a nerv ous lady passenger on the train as the conductor came through. "We ran over a cat. madam," said the conductor. "Was the cat op the track?" she next asked. "Oh, no. ma'am," assured the con ductor, "the locomotive chased it up a crossroad." P. E. Kempton, San Francisco man ager of the Remy Electric company and one of the most popular younger men in automobile row, has returned from a six day trip in an Overland car through the Santa Cruz mountains. Kempton was married on June 30 and chose a beautiful part of California in which to spend his honeymoon. Mr. Kempton, with his bride, nee Miss Alice Flint of San Francisco, toured down the peninsula to San Jose and to Santa Cruz by way of Los Gatos and Soquel. They spent several ; days at the resorts and the beach and in touring the cliffs about Santa Cruz. Kemptosi drove the Overland to Big Trees, Boulder Creek and Watsonville. Returning from Watsonville the car was put to the San Juan grade, which is considered the worst in California, and it was negotiated without diffi culty. This grade Is between Salinas and Gilroy. Kempton claims that the car averaged 20 miles to the gallon for the entire 400 miles covered and was enthusiastic about the perform ance of the machine. Rev. E. H. Ward, D. D., rector of St. Peter's church. Pittsburg. Pa., will be the special preacher at 11 o'clock to morrow morning at St. Luke's church. CAS FIRM SUES TO HALT RATE Company Asks Court to Fix Charge Netting 10 Per Cent Profit The Pacific Gas and Electric company filed suits against the city of San Francisco and tbe city of Sacramento in the United States district court yesterday to enjoin them from enforc ing the gas rates for the coming fiscal year. The rate in San Francisco was 75 cents per 1,000 feet for gas and 90 cents In Sacramento. A temporary restraining order was allowed in each case by Judge Van Fleet, made returnable July 28- The company declares it is being de prived of property by undue process of law and wants a rate fixed by the court that will net an income of 10 per cent on the Invested value. It Is asserted that the San Francisco rate would give an Income of only $476,217. SNEEZE PROVOKER IS FINED FOR HIS FUN Practical Joker Fined Fifty Dollars, of Which Ten Dollars In Forfeit Ball Ia Collected Royal Davis, who, with Orel Ear hart, caused the whole populace of Pacific street to sneeze Thursday even ing, was fined $50 by Judge Crist yes terday on a charge of disturbing the peace. Earhart failed to put in appearance and his bail of $10 was forfeited and the police are looking for him with a bench warrant. Both men had sneese powders in their possession when captured. I LURLINE | IBATHSi £> Bush and Larkin Streets <5> Bnaeh 3151 OMrr St. I«ti iiiiiiitit V Poreelaln tnba with Wt V j\ and Mid. freak h4 salt water. Each ra ont fitted V Jtv with hot and ©old, fresh <Sl* \r and salt water ahowor. PV^ X Filtered Ocean Water Plunge X Comfortably Hoatod aad >\ Constantly Clrrnlntlas;. <J|a <*b Mat Air Bair Dryers, Eleetrla Cnrtlng Irons V * and Shaaapoo Rooaas for Waxnen Bathers FRBB. X <fj> Oar Owa Modern cb X Laundry. Towela and X leh Snlta thoroughly waahad <db X aad sterilised. X , IXIPECTIOX IjrnTKD <y> Nf "THE SANITARY TUB V & AND SWIMMING BATHS" <g A Wonderful, Harm mt less Home Treat- rrent for the Eye. jasjr- KAYERLES fyewata 100 to your nearest druggbt. if he canaoi sua_ ply you send 63c for s bottle to GEORGB ! kAYERLE OPTICAL CO. (Bit. W YsaxsJ, MO Harket Street. Ssn Francisoo. REFUSE SUBSTITUTES X> STATEMENT OP THE CONDITIONS AND AFFAIRS OF THE OLD COLONY INSURANCE COMPANY Of BOSTON", in tbe state of liessacßsnetts, on tbe 31st day of December, A. I>. 1012. and for tbe year ending on that day. Published pursuant to the Provisions of Section fill of the Political Code and compiled from tbe annual statement filed with the Insurance Commissioner State of California: CAPITAL Amount of capital stock, paid op In eaan $400,000.00 ASSETS Mortgage loans 60.000.00 Cash murket value of all stocks and bonds owned by company 1,080,5*0.00 Cash in office 9,858.40 Cash in banks 53.197.52 Interest due and accrued 3.133.00 Agents' balances representing busi ness written subsequent to Oct. 1, 1912 87,086.8.1 Bills receivable, not matured, taken for fire and marine risk* 390.00 Total assets $1,331,708.05 LIABILITIES Losses adjusted and unpaid $1,272.74 Losses in process of adjustment or In suspense M.810.0.1 Losses' resisted. Including expenses.. 5,250.00 Unearned premiums on tire risks run ning one yenr or leas. 30 per cent 141,934.03 Unearned premiums on Are risks run ning mure than one year, pro rata 193,673.18 Unearned premiums on inland navi gation ri«ks. 30 per cent 44,064.29 Unearned premiums on marina risks, 30 and 100 per cent 17,873.34 Estimated taxes hereafter payable based upon this year's business.. 6,055.16 Commissions and brokerage due or tn become due 8,835.47 Reinsurance premiums and return premiums 236.32 All otber liabilities 102.60 Total liabilltlea $480,097.38 INCOME Net cash actually received for Are premiums $432,382.98 Net cash-actually received for matins premiums 144.160.10 Received for interest on mortgages.. 2.595.00 Received from Interest and dividends on bonds, stocks, loans and from all other sources 45,245.13 Gross profit on sale or maturity of ledger assets 829.30 Gross Increase In book value of led ger assets 11.25 Total Income $625,823.98 BXPENDDTRES Net amount paid for fire 1055e5...... $247,990.40 Net amount paid for marine losses.. 67,724.1.1 Expenses of adjustment and settle ment of losses 7.390.35 paid or allowed for commission or brokerage 129.368.84 Paid for salaries, fees and otber charges for of fleers, clerks, etc... 28.506 06 Paid for state, national and local taxes 12.567.59 All other expenditures 21,110.81 Total expenditures $514,658.18 Fire Marine Losses Incurred during the je»r $246,866.82 $73,080.13 RISKS AND PREMIUMS . . _ 'Ira Riska Premiums Net amount of risks written during the ye»r $70,540,806 $724,758.38 Net amount of risks expired during tbe Tea* 62.300,1,1.1 662,043.68 Net amount In force De cember 31. 1812 64.176,27.- 62P.R03.97 Marine Risks Premiums Net amount of risks written during the year $12,080,438 $252.73 C.13 Net amount of risks ex expired during tbe year 10,373.775 212.233.40 Net amount In force De cember 31, 1912 4.108.050 123.61162 WILLIAM R. HEDGE. Vice Prcsidt-nt. CHARLES D. HODGES, Secretary. Subscribed and sworn to before me this *_'9th day of January, 1913. JOnN P. MORGAN. Notary Public. CURTIS & GORDON, MORS., Pacific Coast Department. 300 CALIFORNIA STREET Saa Franciaco. Cat.