The morning call. [volume], January 31, 1893, Page 2, Image 2

About The morning call. [volume] (San Francisco [Calif.]) 1878-1895

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2
SENT TO COVENTRY
Bretz Suspended From the
Assembly.
LECTURE FROM THE CHAIR.
The Unhappy Populist From Alameda
to Be Reprimanded at the Bar
of the House.
Special to The KoKxmra Cai.i»
Sacramexto, Jan. 30.— Bretz has re
ceived his sentence. It was uot expulsion,
but it is questionable whether be would not
have preferred this to the punishment that
was inflicted upon him. By a vote of sixty
to sixteen he was suspended from all priv
ileges of the House for the period of one
week, and in addition to that he will be
compelled to ai pear before the bar of the
House to receive a reprimand, the severity
of which is entirely within the discretion of
Speaker Gould.
The report of the investigating committee
which provided for Breiz'j expulsion had
been made ■ special order for 2 o'clock, but
when that time arrived there was another
delay. This time it was caused by the fact
that the Judiciary Committee, to which had
been referred the question as to whether or
not Cator could defend Brett before the bar i
of the House, had not reported. The com
mittee was deliberating as to whether the
Populist candidate for United States Sen
ator should be allowed to orate in the
Assembly chamber or not.
At 3 o'clock, however, Siianahan, the
chairman of the Judiciary Committee, ap
peared with the report The majority of
the committee were in favor of Calor, but
the Sharianan, Alford, Hamilton,
Finlayson and II — were opposed to^
JJretz being represented by outside counsels
As soon as the minority! report had bee:* I
read Shannhaa moved to have; it adopted. I
Before he had an opportunity of speaking .
to it, however, Speaker Gould announced
from the chair that if counsel were called
from outside the membership of the Assem
bly it would require the unanimous consent
of the House.
Barlow, the San Luis Obispo Populist,
said that unfortunately there were no
lawyers among their representation in the
Assembly. They -were out of luct in that
respect, and ought to be allowed an orator
who had the sarr.e gift Of gab that the
Speaker possessed.
bhauahan made one of his characteristic
speeches agniiist permitting Cater to talk.
He said that it such a thing were permitted
it would argue that the Legislature had lost
its self-reject, and was no longer able to
think and act for itself. He contended that
hen a matter had been referred to a com
mittee, as had been done in this case, and
hai •en thoroughly investigated and a
report submitted, that ought to be suf
ficient.
When S!:a*ta's tall orator was in tht»midst
of his argument 81-d-oe interrupted him
with a point of order, declaring that tie was
not speaking to the question.
Snanahan did not take the interruption
kindly, for he quickly retorted with the re
mark that a man who old quibble over
the passage of a memorial resolution on
the death of the most distinguished mem
ber of the Republican! party was cot a com
petent judge.
Of course this ref'-rence to Beds c's act
of Saturday aroused him to a fearful pitch
of passion, and in the intensity of hs raye
he fairly screamed out that he was right in
what lie did.
Shanahan's reply to Bledsoe was loudly
applauded, and tbe discomfiture of the
latter created much laughter. The derision
expressed was so pronounced th.it Bled3oe
agaiu arose in another mighty passion and
declared that be represented the indepen
dent voters of Ilumboldt County, aul from
now on he would be an ludei>en<le:it mem
ber of the Assembly, lie was so well satis
lied that members of his party were joining
in the general ridicule that ne was determ
ined to break away from them all and vote
upon every measure- as he chose.
After the row had subsided Shanahan
proceeded with his argument, lie said that
either Bretz or K -rus ought to be expelled.
II the charges preferred against Kerns had
been sustained he would have commended
Breiz for having made them, but as the in
vestigation had proved them to be utterly
false he was in favor of punishing the man
who had made them.
; took considerable latitude in
k and went over tlie history of the
c >-c. 11-* re :ited the fact that when the re
uo:t of the I:.v- ! g Commitieo was
. the PuDuiHt member, had in
■ y word of It exespt that portion
. f it which called for expulsion.
When Suanahan had concluded Yann
undertook to wriggle out of the position be
Lai taken when he signed the report, but
he made a deplorable exhibition of himself
in doing so. What he said, however, met
with proper response from his brother
IVpuli*tsand one of them, Massey Thomas
of Santa Clara, so far forgot himself as to
give a war-whoop, which brought forth a
sere re reprimand from the Speaker.
Although Bledsoe had been severely re
pulsed he was not by any means siieucei,
for at this juncture he was on bis fret to
re fute Sl.anahan'd meat that there was
no precf dent for permitting Cator to sp^k
in hi, nit of Bretz at the bar of the ilou'c.
IJe ciu-d the case of Elwcod Bruner in
whose defense, two years ago. Franklin
Bull, the attorney, had been permitted to
»peak.
1 destroyed that p >lnt for the time
being by stating that when Bull spoke the
:>;y iiad resolved itself into a couiu.it-
Urn of the wtiole.
Mathews of Tehanaa argued that if Bretz
was to be permitted to have counsel the
Mime favor should be accorded to Kerns.
lie took* agaiost it, however, and said that
if Cator was given permission to speak he
would abuse the privilege just as he had
done before the committee.
A vote was finally taken on the minority
r -pert, and it was killed by a vote of 38 to
36.
The same rota reversed defeated the
report which Cater the privilege to
aigue.
Barlow then sent up a resolution provld
loz that the House resolve itself into a com
miuee of the whole to consider the Batter,
but his voice was the only one heard in its
favor.
:.,ihau then sent up a resolution call
ing for the expulsion of Bietz.
Yiinn offered a substitute, which, if
adopted, would have whitewashed the
offending Bretz. He declared that there
were ciicumsUnceß surrounding the way in
which Kerns voted of a sufficiently suspic
ious character to warrant tin- statement that
Bretz had made, and the substitute called
for his exoneration.
Btedsoesmt up another substitute, which
provided that Bretz should be excluded from
all privileges of the House for the period of
one week.
It had been arranged by Cator and Bretz
that in the event of the former beimz forbid
den to talk. Yann should make the argu
ment. He did so, and the point upon which
lie laid the greatest stress was that Stephen
M. White had testified before the committee
that a "sack" had been used in the Repub
lican campaign of two years ago. Vann
contended that in making this statement
White had committed just as serious an
offense as had Bretz, but instead ol being
reprimanded for it, he had received enthu
siastic applause.
It wii« dark ;tnd the lights were turned f.n
before the talking bad ceased. The subs'l
tat« was so fixed up as to provide for the
tiupestfiaa of JJietz for one we» k, with the
added humiliation of having to appear be
fore the bar of the House aiid receive a
repritttttd from tb« Speaker. 1 nis was
what was finally voted upon and carried by
a vote of GO to 14, which was as follows:
For the M.bs'itiite— Alford, Anderson,
Androus, Btrker, Bennett of Santa Clara,
Blakelev, Bledsoe, Jinwnlie, Buckley,
Burke, Conwav, Curtis, Drees, Duffy, Em
crir, Kinlavson, BvJta, Carlsoa, Casterline,
CftJparan, Cusick, Dodge, Durst, Gallagher,
G-strly, Godcliaux, Ilamil on, il^ndrickson,
Uurley, Hs&sos, Jacob*, Johnson of
JBumboldt, Johnson of Santa Clara, Ken
iii-lv. Lame. Luttr<nger, Lynch. McCauley,
McEiroy, McGowan, Mack, Harks, M trs
■ ton, MatUtwsof TefcMSft, Matthews of San
Beuito, Mordeeat, (fK-efe, O*NetH, Price,
Pueschel, Baw, Sargent, Schles'ii^er.Schroe
bel, Shanahan. Simpson, Sims, St ndarr,
Taugart, Tindall, Wade and G.>u!d— <'«».
Against — Adams Barlow, Duckworth,
JacobseD. Kahn, Miller. Owen. Peadleton,
Perkins, Talbot, Taylor, Thomas of Xe
vala, Thomai of Santa Clara and Vaun— l4.
As soon as Bretz saw that the vote was
going against him be sprang to his feet and
walked quietly out of the chamber, went to
the cloakroom, get his overcoat «nd hat,
left the building and soon disappeared
down X street He was evident!* very
much humiliated and felt the rebuke keenly,
lie said early in the day that he would not
submit to a reprimand, but this evening be
changed his mind, and when the Assembly
met this evening for the first reading of
bills Bretz was present and asked Speaker
Gould if he was ready to pronouueo sen
tence.
Gould said he did not look upon it as a
sentence, but whatever ft was called ho was
not ready to attend to it to-night. There is
no doubt that Bretz would have preferred
expulsion, fur then he could have made
much more capital ont of it.
The resolution which parsed tlie As
sembly ousting the Railroad Coatmiasfoaen
is n w in the hands of the Senate Judiciary
Committee, and it i« not known just when
it will reach the Senate.
Speaker Gould has appointed the follow,
ins committee to Investigate the charges
that Railroad Commissiouer Rea preferred
r.gainst Assemblyman Johnson of Sanla
Clara: Mnrdecai, Hendrickson, Hurley.
Bo Ha and Bledsoe.
In the Assembly to-day the bill creating a
fourth Police Court in San Franchco was
passed to engrossment and third reading.
The only man who opposed it was Hurley
of San Francisco, who was against it be
cause the Supervisors had sent him i cir
cular in which they declared that the court
was not needed. The bill will now un
doubtedly go through both hou< ■-
Railroad Commissioner Rea arrived here
to-day, bat has Dot as yet wade his appear
a"i« c at the Capitol. Ha seems to have
quieted down since the publication of hi*
lp t+^r to Speaker Gould and has but little to
I s^OHis mission here i«, of course, for the
\4Oose of stopping his expulsion by the
Senate. Ilis attorney, J. E. Richards, is
with him.
He was standing in front of the Golden
Eagle Hotel this evening when Assembly
man Johnson came along. This is '.he man
whom Rea accused of offering to sell his
vote to him. Sr me one introduced Johnson
to Rea. The former declared, however, that
be d.d not desire to renew the acquaintance.
lien, turned red in the face and walked away.
THE ASSEMBLY.
The House Decides to Suspend Bretz
for a Week.
Sachamexto, Jan. 30.— 1 a the Assembly
this morning Aiford piesented two re
monstrances from the citizens of Tulare
County, protesting against the division of
that county.
Brelz requested to be informed whether
the Committee on Judiciary Intended to
allow him counsel at the bar of the house.
Shanahau >t;ited that no report had been
made, as a quorum viyis not present at the
meeting of the committee.
A number of bills and petitions were
diced, among th m the follow ii
By Carter line— To discontinue two de
partments of the Superior Court of ban
Diego County ben vacancies occur therein.
By Carlson An act authorizing cities to
surrender thfir charters and organize under
general municipal laws.
By Carlson —From the citizens of San
Diego petitioning for the preservation of
the game animals of the State.
By Talbot— Petition in favor of Santa
Yiiez County.
The Committee on Elections reported in
favor of allowing 11. B. M. Millet to retain
his seat as Assemblyman from the Forty
ninth district. The report will be taken up
to-morrow.
The Committee on Labor and Capital re
ported back th» bill relating to the oint
ment to subordinate positions of the rela
tions of officers in the departments of
California, recommending its rej-ctlon;
also the bill r* quiring all State institutions
to give preference to California products
and labor, that it dr. pas; also the bill re
lating tn co-operative associations, th*t it do
pass; a. so the bill relating to tlio arbitra
tion of labor dispute*, without recommenda
tion; also th« bill relative to the employ
ment of destitute citizen?, that it do net
l a'».
Matthews moved for an evening session
fur the first reading of bi.is. Carried 1 .
The Assembly then took upthe Brett mat
ter, and after a prolonged and heated discus
sion decided to discipline the member from
Alatneda by suspending him from the priv
ilege! of the House for a week and subject
ing him to a censure from the chair.
At the afternoon session a concurrent
resolution was presented by Anderson
urging Congress to adopt and sppedily pass
the resolution introduced in the House by
Congressman Caminett!, providing for an
examination or survey of the navigable
rivers and waters of the navigable system
tributary to the Bay of San Francisco, and
in such a manner as said joint resolution
sets out.
The resolution by Mathews relative* to the
refunding of moneys to certain settlers on
GfiVi-riuiif nt lands in Fresio, Monterey and
San fteni'o counties was read and adopted.
Also cne by Biedsoe relative to the pay
nif-nt of the debt which the Pacific railroads
owe to th>? Government.
The bill for an additional Police Court for
San Francisco was read the second time.
Hurley, seconded by Buckley, moved to
strikeout the enacting clause. The meas
ure was discussed at length. Hurley with
drew his motion, and the bill was ordered
to the third reading.
At the evening session, after the reading
of about eighty bills, the Douse adjourned.
THE SENATE.
The Bill Regarding Board of Health
Employes.
Saceamesto, Jan. 30.— The third read-
Ing of bills was taken up when the Senate
convened at 2 p. m.
A bill was passed requiring the Board of
health of San Francisco to appoint only
practical plumbers as employes.
bills IN COMMITTEE.
Favorable Recommendation of the
Irrigation Convention Resolution.
Sack a worm, Jan. 30.— The Assembly
Irrigation Committee to-night passed Sen.i
tor Ostroro's joint resolution requesting the
Governor to call an irrigation convention
for September; also Finlayson's bill rela
tive to the fees to be charged for recording
duplicate instruments of irrigation districts.
The Joint Committee on County Division
and County Boundaries to-day discussed the
Kingf County measure, Messrs. Phillips
and Walker speaking in favor of, and J. I)
Hyde agaiast it.
The Assembly Committee on Claims will
report without recommendation the claims
of Mary, widow of ex-State Printer Springer,
and of Major Pico for SBIOO for organizing
troops in 1853 and 18G4. The claim of Cook
& Guttenb*-rger lor §7800 and two others
will be reported adversely.
The Assembly Judiciary Committee,
Dodge in the chair, to-night acted adversely
on the measure providing that actions to re
cover or quiet title to property may be
maintained againstexecutors or administra
tor?.
Shanahan's bills, relative to the Incorpor
ation of railroad wagon, road and tele
fraph corporation*, provide that each in
tended corporation shall first have sub
scribed to its capital stock $1000 per
mile for railroads, $100 per mile for tele
graphs and $300 for wagon roads, and rela
tive to the borrowing of money and the
issuance of bonds by railroad-* and to the
consolidation of railroad corporations in
corporated under the laws of California
with those of other States. The latter bill
was discussed at length by the committee
and Attorney Wheeler of a San Francisco
law linn. Wheeler said the bill was in the
interest of the San Francisco and Great
Salt Lake Railroad. It was eugeested,
however, that the bill did not provide lor
railroad* organized outside and doing busi
ness within the State.
An amendment will be offered on the floor
of the. House cover 111: such cases.
The bill reimbursing Santa Clara, Colusa
and .\e\ada counties fur commissions on
Stale Uxes collected wa* also discussed, in*
District Attorneys for Santa Clara and
Nevada counties being present. As the
bill was not regularly before the committee.
It whs decided to defer action until the
measure is sent t» the committee Irani bi
House.
TIIE MORMNG CALL, SAN FKANCISCO, TUESDAY, JANUARY 31, 1893-EIQHT PAKKB.
DUNN'S EXPOSURE.
The Railroad and Back
Taxes.
WILL PAY WHAT IT CHOOSES.
The Weakness of the Southern Pa
cific's Case Set Forth by the
Ex-Controller.
Fj>eel»l to Thk Moknin'o Call.
Sa< kamf.nto, Jan. 30.— TheSenate Com-
Bitteeoß Corporationa, which has had the
railroad reassessment bill under considera
tion for some time past, has excluded the
taking of evidence and the arguments were
beard in the Senate chamber this evening.
At the session oi the committee held this
afternoon L. C aferehottse, member of the
S atH Board of Equalization, and K. T.
Ma^lin. ex-secretary of tlie board, b th tes
t fieil tlmt the Federal Iraiiehises of the rail
iip»ny were as*es>ed, and they knew
it at the time.
At Hie evening session ex-State Controller
Duno .«p ke at length for tlie people. His
anuaieot was as fnliow | ;
In January, 188% the railroads were de
linquent lor the taxes of 1880, 1881 and 1882.
Suits had been brought to recover the taxes
of lSSOand 1881, and one case, that of San
Mateo County v«. The Southern Pacific
Railroad, had been tried in the United
States Circuit Court and decided against
the State. Tall case was then pending
bel"re the United states Supreme Court on
appeal from the Circuit Court. In this case
San afateo County was represented by
Rhoades and Barstow and the State by its
Attorney-General, Hon. A. L. Hart.
That < ,i*»' h d been argued and submitted
for decision, when, as it appears from the
statements of that time, it w.is declared
that the case was not a r.pus ntative one
in this, that it did not embrace all lhe Fed
eral question*. Subsequently tn« submis
sion was set aside, and tluritig the year 1883
other ca-es wer* tried lnihe Circuit Court
and decided against tho State. One ease,
that of Santa Ciar.i County, was taken up
to the United States Supreme Court.
In the meantime suits v.ere brought for
the taxes of I^:.', 1883 ard 1881 This
bi ags as now up to Deeeatbec 15, 1888, the
d tte »t*t for the further hearing of the San
Mateo and Santa Clara County cases. The
attorneys for the railroad strenuously re
listed fur. her proceedings in the San Mateo
. -id submitted to the court a certificate
signed by the Auditor and Treasurer of the
county, alleging that the full am< tint of
taxes, including attorneys' fee*, deltaqaeav
fies and all intert-it and eostt involved in
the case, had been pud iiuo the county
treasury.
The court refused to hear the case on the
mound that it appeared from the certificate
of the Auditor and Tieasuier that ail claims
tmd peon paid and, therefore, that being
the situation, there was nothing to litigate.
It should be stated here that an agreement
was entered ir» to between the county, repre-
Mnted by the Uoardi>f Snperrisors, and the
railroad company on December 11, l- v ."-,
f in <]n\ s before the time set for the hear
ing, by which It was agreed to dismiss the
case, and ihat iv pursuituce of this agree
ment Ktu>des aud Barstow were dismissed
as attorneys for San Mateo County and an
attorney of Washington, I). C, substituted
for the purpose of SSCOrlttg tlie di>mi>!*:tl of
tl.e action against Lite protest of the Mate.
The Santa Clara case was proceeded with
and finally decided against the Slate, on the
Kround that fences were Improperly in
cluded in the assessment, the court declining
to pass on the coustitutional questions as to
the method of assessment.
Early in 18S4 Attorney-General Marshall
had consented to certain "consent judg
ments" being entered in all the cases then
pending in the United States Circuit Court
lor taxes tan the years 18S0, 1881,18 and
18S3. This was supposed to have been
based upon the payment of the face of the
t;ix for the years [880, 1881 and ISB2.
But it must be remembered that tha
proposition of the railroad to pay the face
of the tax Jnr those years applied only to
the taxes involved in the cases for which
suits were then pending in the Circuit
Court. The railroad company never offered
to lay all the taxes for those years, as the
same were levied, but at ail times consid
ered as fully settled and finally di -posed
of all the cases in which compromises had
been made with the District Attorneys of
quite a number of counties upon the basis of
about 66 per cent of the amount levied.
These compromises are referred to in the re
port of the Controller for the year 1882,
made by the lion. D. M. Kenfield, but the
list of counties there given is iacQßii lete, as
other compromises were Bade sub-equeutly
to the time embraced in that report.
If the railroad company had intended or
desired to pay alt the taxes levied in 18S0,
1881 and --.. why were the payments not
made to Mr. Marshall at the same time thn
"consent judgments" were taken? One of
the strongest reasons for not entertaining
the offers to compromise made by the railroad
company was that their proposition did not
embrace this class of cases, and equality of
treatment to all the counties was Insisted
upon by making up to the counties and also
to th«t State tor all sums lost by the com
promises agreed to by the several District
Attorneys.
The Sun Bernardino case for the taxes of
1531, and t.*ie cases for the taxes of 1--".,
went off on the question of Federal fran
chises and the Including of fences in the
assessments. Thus it will be seen that no
decision has yet been reached by the United
Stales Supreme Court upon the merits of
this controversy. The Federal question*
involved have never been even touched
upon in a California case.
Mr. Cross has asserted that the Supreme
Court of this N:ate ha 3 declared the provi
sions of the Political Code relating to the
taxation of railroad Dronrty to bo uncon-
BtUutioßaL It is the metliod of collection
and not the method of assessment which
has so been declared unconstitutional. The
court, however, in other cases, notably in
the case of the Dells Gap Railroad Com
pany, has practically upheld the methods of
assessment set up by our constitution.
The San I'tb o and Tv I are case for the
taxes of 1885 presents the issue for which the
railroad has contended since the adoption
of the constitution, viz.: that the pro
vision of our constitution which allows a
deduction to be made on account of
mortgage UDon all classes of property ex
cept railroads operated In more than one
county is in violation of the fourteenth
amendment of the constitution of the United
States. This id the only question yet to
be determined relative to the constitution
ality of our method of assessing railroads.
That the companies do not desire this ques
tion to be passed upon is evident from the
efforts now making to secure the dismis
sal of the San Pablo and Tulare case. 1
am convinced that they are of the opinion
that the decision in the Bells Gap Railroad
Company vs. Perm., 181 U. S. Rep., page
233, foreshadows a judgment favorable to
the State whenever the San Pablo and Tu
laro ca-o is determined by the United States
Supremo Court.
The facts in the Bells Gap case are as
f Hows: By the law of Pennsylvania all
■ neyed securt'.ies are subject to an an
imal tax of 3 mills on tbt dollar of their
actual value, except bonds and other securi
ty-, issued by corporations, which are taxed
at 3 mills on the dollar of the nominal or
par value. The company ur^ed, amonu
oilier things, that the deduction of the ux
from the interest payable to the bond
holder* is taking their property without
due process of law, and denies to them the
equal protection of laws, since at! other
personal property in the .State is laxel at
its actual value.
Ihe court says: "It i« contended that it
(the law) violates the first section of the
fourteenth amendment, which forbids a
State to within. id from any person the
equal protection ol the laws. We do not
perceive that the assessment in question
transgresses this provision."
Tlien after discussing trie power of taxa
tion possessed by a State the court further
says:
"ii (the State) may if it chooses exempt
certain classes of property from any taxa
tion at all. 11 may impose different specific
taxes upon different trades hi id professions,
and may vary the rates of excise upon van
ous products. It may tax real estate and
personal property In a different manner; it
may tax visible property only and not tax
securities for payment of money; it may
allow deductions for indebtedness or not
allow them."
In view of this decision can It be said that
anything is left of the claim that our con
stitution violates the fourteenth amend
ment, because mortgiges are not deducted
from assessments <>l railroad property?
Mr. Cross has endeavored to have this
committee understand that the reason that
tho Southern Pacific Company has paid its
taxes since 1888 is that the Federal fran
chise has not been assessed since 1887. To
show how absurd this claim is I ucei but
to call your attention to the fact that
for the year 1885 five railroads oper
ated by that company are delinquent, of
which three, viz.: the California I\.ufic,
Northern Railway and Snu Pablo and
Tulare, have no franchise save the State
franchise. For the year 188(5 the same roads
are delinquent, and for 1887 the same roads,
together with the South Pacific Coast road,
now owned by the Southern Pacific Com
pany, are delinquent. None have a Federal
lranchise, yet the taxes are uupaid.
It the alleged assessment of a Federal
franchise to the Central and Southern Pa
cllic railways was the stumbling-block in
the way of the payment of the taxes prior
to 1888, why h;:ve the taxes not been paid
on the roads which are not claimed to pos
sess Federal franchises?
Again, it is claimed that the assessments
for the latter years are less than formerly
because of the excuMon of the value of the
Federal franchise from the assessments
made subsequent to 1-7.
It will be seen that the Central Pacific,
isseaaed for $-'~\ooo,<X)0 in 188& fell to
$18,000,000 in 1883 ana to $10^000,000 la l-- s -
If the decrease la the assessed value ot the
road of £B*4oolooo between 1887 and 1888 Ll
to be accounted for by the elimination of
the Federal franchise from the assessment
ot 1888, upon what gr and is the decrease of
54.000.000 betwatß 1886 aud 1887 to be ac
counted for?
It will bo seen also that the assessment of
the Northern Kail way for 1888 was fixed at
0 below the assessment of ISS7.
Tbera was no Federal frauclsiNeto eliminate
from the ;isse<su)t>nt of the Northern Rail
way for iss.s, yet the value for assessment
purposes fell off proportionately more than
In Iheeateol either the Central or South
ern Pacific.
The San Francisco and Xorth Pacific
Railroad was assessed for g'-'OO.OOO less in
1888 thin 1887; l!>* Nevada County Narrow
gauge Railroad £15*003 less in 1888 than in
IWS7;1 WS 7; ttie San Joaquirt and Sierra Nevada
Uailp^d fIO.OOQ le** in ]^s than in 1887;
the Atlantic and Pacific Railroad llfi.ooo
less In 1888 than in 1887, and the Pullman
Palace Car Company 95&a09 le^ in 1888
than in 1887.
'1 beta roads had no Federal franchises to
eliminate, yet they were reduced as well as
the Central Pacific and the Sontbei D Paelfl ■.
These reductions are cited to show that the
assessed vain* of the Central Pacific Rail
road has undergone a steady decline since
:--! and the Southern Pacific siucn
uid that the decreased valuations of
-re not confined to the roads possesß
ing Federal franchises, but embraced other
roads not datmlng to have a Federal fran
chise, and that as a fact such decreased val
uations in the year 1888 were owing to
considerations wholly independent of the
Federal franchise question.
A graat attempt has been made to show
that tne assessment of each railroad as a
unit in 1888 and following years, as advised
by the Attorney-General and other attor
neys representing the State and counties in
the tax litigation, was responsible for the
. :i dpcliiriug the assessment of rail
roadl for 1889 as void, because of the finding
that the Federal fr uu-oise was included, vet
th tt court also foun.i that fences aid steam
boats were included in similar cases.
The railroads found no trouble in securing
f: ding in the Circuit Court that the Fed
oral franchise, fence*, steamboats, and the
distance across the bay of San Francisco
were included, and certainly the procuring
of the finding that the Federal franchises of
the Central and Southern Pacific railroads
were included in tho assessment is not to
be wondered at when it is remembered that
In the lame cases a finding was procured in
cause Xu. 3609 .ain«t the Southern Pacific
for t'u« taxes of issj, thai the »*te
Board of Equalization had Included the
distance of lour miles from the wharf at the
road of the defendant in San Francisco,
across the Hay of San Francisco to the
wharf at Oakland, and thii was done in the
face of the written record of the assess
ment, that Is the assessment roll, certi tied
by the chairman ana clerk of the board and
filed with the Controller, showing that the
■ -merit followed to the wharf at San
Francisco, where it stopped and was taken
up anew at the mole la Oakland*
.Mr. Ryan bai civen t;s the views of the
railroad people as to what they will regard
a- at unreasonable assessment, and l;e de
clares that a nl.'vy of the taxes for 1885*
I I--7atthe State and county rates
of taxation for those years, is as objeettonal
as the j Ineißg of the i-ame value upon the
property as was placed upon it for those
years.
The valuations placed upon these rail
roads by the State Board of Equalization
for the years 1885, 1888 and 1887, compared
with the assessed valuation for 1892, are In
teresting as showing that, although other
classes of property have advanced in value,
and the assessed valuations of property in
the several counties of th» State have stead
ily increased, yet railroad property, through
the action of the State Hoard of Equaliza
tion, is made to appear to have steadily
declined in value, and this notwithstanding
the increased mileaeo assessed. The Cen
tral Padfie, with 640.68 miles in 1885 and
1886% wa» assessed respectively 522.000.000
and 000, 000 for those years, and for 1887,
with 719.50, it was assessed for bat 518.0C0,
--000, while for 1892, with a mileage of 748.78
— 106.08 miles more than in 1885— the assess
ment fell to 813,000.000.
The Southern Pacific Railroad was as
sessed for the years 1*35 and 1888 at
? 1 7, < -00.000 for each year, the mileage, 957.02,
beine the same for both years. For 188?
the mileage increased lo 1022.33 miles, while
the assessed valuation declined t051G. 500,000.
For the year 1892 the mileage of the. Southern
Pacific Railroad increased to 1701.40
mile?, but the assessed valuation declined
o S 15,800,000. Thus the Southern Pacific,
'with C 79.07 more miles of road assessed for
the year 1892 than was assessed for the year
1887, is worth $700,000 less in 1892 than It
was worth in 1837.
The Northern Railway was assessed in
I*B7 for 8;<.000.000, the total mile»Ko being
]4*.4 i;. Subsequently the Northorn Railway
absorbed, among others, the Vacavillo Val
ley at.d Cleft! Lake, the Sacramento and
I'lacprville and lit* Amador branch rail
roads «o that in 1881 tho total mileage of
the Northern Railway was 365.28 miles.
And this railroad whs assessed in 1889 at
S.'U 'oo,ooo for 148 4G bHm of road, whiln for
1893 the a-oeestncDt was but $;s,t>B'2,<>oo for
380.38 mil«s <»( road.
The vanons railroads are required by
wetloa 3664 of the Political Code to fil* with
the Mat* Hoard of Equalization a state
ment of certain mattns relative to the rail
road, the mileage, earning*, etc. These re
ports now on file in the oftlea of the State
Board of Equalization show that during
those years, though the afspssed valuo of
Km Central and Southern Pacific railroads
declined, the gross earnings of the roads in
creased.
The companies rlnini that their property
was assessed at a fair vnluation for 18!>2,
but that the assessment for 1885, IKH6 and
1887 were excessive, and therefore the taxes
for this among other reasons were not
paid. 1 submit that the assessments placed
upon the property for the yeari
1885, 1880 and 1887 and preceding years
were, in the judgment of the board, making
the assessments a fair valuation of tho prop
erty at that time. The assessments were
not arbitrarily made or made in any spirit
of hostility to tho railroad corporations.
If these assessments can be attackod upon
the grounds advanced by the railroad's
representatives, wliat may be said of ihe
assessments for 189*-', which, tnking the
Southern Pacific, shows that, with 079.07
more miles of road in 1892 than in
1887, and with grosg earnings for
the year ending December. 1891, of $0,J79,
-522 50, compared with $4,413,500 (X) grwM
earnings for 18K5 (the assessment of 18 ( .»2 was
mad« upon this report of the railroad com
pany), showing an excess of tiie earn
ings for 1891 over toe earnings of
IXBS of $4,800,315 90. that yet the value of
this property, despite its increased mileage
aud its enormously increased earning
capacity, actually declined in value, for
assessment purposes, from $16,500,000 in
1887 to $15,800,000 In 1802.
Further comment upon this condition of
things Ido not believe to be necessary. 1
think it enough to a«k what other taxpayer
In the State has at once experienced the
same increase in the remarkable earning
capacity of his property, accompanied by a
similarly remarkabln shrinkage cf the
value of that property for assessment pur
pose?.
1- it not strange that of all classes of
property in this State railroads alone rte
creasa in value, although their mileage and
earnings have enorniouslv increased? Take
the year 1885, as compared witli 18!-2, as n
comparison of the mileage and value of
railroads and the total value of the taxable
pr perty of the State,
The reports of the Controller and of the
State Board of Equalization show that in
the year 1885 the total assessments of rail
roads for that year was $4P,(.V>,75r>,
and the total mileage 2682 lfi-100, while
in 1802 the total assessed value
of railroads, as fixed by the State
Board of Equalization, was but 541.95fi.000
or 87,070,75*) less than in 1885, and this In
spite of the fact that within the same time
the to al mileage of railroads assessed by
the board had increased to 4118.88, or
14.T5 90-100 more miles of railroads than were
assessed in 1885.
The taxable propprtv of the Stale for the
year 1885, exclusive of railroads, was ?810,
--74.:,715, and for the year 1802 51,233 ( 87<;,510.
showing nn increase in taxable values of
?4'.'3,1.S V< _' 1 8;'.7. The value of railroads as as
sessed by the State Board of Equalization
for the year I*Bs was §40.035,750 and for
1892 541.0."f>,w00. showing a decrease in value
of $7,069,780.
If these figures mean anything, I am of
the opinion, taking into consideration the
Increases in tho assessment rolls of various
coanttea of the State as nn illustration, and
using the increase made in the San Francisco
assessment, that they establish the fact that
the State Board of Equalization iv assessing
railroads for the year 189] Rnd ISIW
were of the opinion that a mile
of the Southern Pacific Railroad in San
Francl.sco was worth for the y.-ar 1801
1468 92 leas per mile than in 1690\ and for
lfW that it was worth 579 82 less per mile
than In 1891, while for the same years prop
erty adjoining and bordering upon such
railroad in San Francisco was worn 80 per
c tit and 20 per rent respectively for assess
ment purposes above what it was worth iv
tho preceding yi-ar.
That the values placed upon these delin
quent railroads for the years that they havn
resisted the payment of the tax^9 levied
were just and proportionate to the values of
other property no man familial witli the
subject can giiusay. That they have in
-üb^quent yean secured lower assessments
does not prove that the assessments made
iv former years were excessive.
-Mr. tfarkley, who was a member of the
beard from January, 1883, to January, 1887,
declared v on the witness-stand that in his
judgment the assessments were fair and in
it portion to the assessments of o'.ber
classes of property.
N m, as to the reassessment of railroads
for the years that they have failed to pay
the taxes levied upon them, 1 desire to
show that tho probable reassessment of
these railroads was in the ininds of the
attorneys for the railroad as early as
•September •>. 18831
On that date a receipt was obtained from
Rhodes and Barstow for certain moneys
paid to them in connection with the taxes
due San Mateo County for 1881, which con
tained the following language: "But In the
event that a law shall bo hereafter passed
providing for a reassessment of property
referred to in said complaint in said county
lor said fiscal year, then said sum of money
is to be credited as a payment by defendant
on account of taxes for said fiscal year."
The gentleman representing the railroad
company before this committee has de
clared that the railroad corporations will
not pay any taxes upon any reassessment!
made for the years 1880, 1881. l 182, ISS3 ana
1884 None of the suits brought for the
taxes of 1883 and 1881 were ever actually
tried in court, but Attorney-Gen
eral Marshall did accept judgment* as
confessed by the railroads for about 60 per
cent of the taxes of 1883 and 51 per cent of
the taxes of 1884, an 1 findings were pre
pared and filed in these cases, which gave
away the State's case—that is, findings were
made that in the Federal franchise, fences,
four miles across the Bay of San Francisco
and steamboats wer« included In the as
sessments.
It is not my desire, even if time permilUil,
to refer to the many errors in the state
ments of facts pre^euteJ relative to the
delinquent taxes but I do wish to impress
npuD this committee the utter unreliability
of the promtsos put forth by the represen
tatives of these corporations in the
past The "consent judgments" ol 1881
were obtained to enible the railroads to
make a showing of having paid something
l>efore the Le^isiatuio at its extra it
Of 1884. Sessions of the Legislature are
nearly always prolific of promises in their
behnlf as to a settlement of the controversy.
Senator Seawe'l will no doubt TOBMaibai
ihat before tbe Judiciary Committee la 1889;
of which committee he was the chairman, a
distlMt and unequivocal promise was ob
tained oy that committee from the counsel
for the railroad that one of the 1883 rases
should be made up for appeal to tbe
Supreme Court of the United States, em
bracing only the dftttnetlva Federal ques
tion of the constitutionality of the method
ol assessment set up by our Constitution,
and expressly agreeing to exclude from the
record of the case any reference |c the con
stitutionality of the statute providing for
the collection of the taxes.
Tliis aareen^ent wai mad* after the deci
sion by Judge Levy or .San Francisco in the
IBHSeaM and afterward aflirmed In 88 Cal.
Yet on the very day that Hie decision of
Justice Fox wm tiled in the cast s for the
taxes of 1886| that decision was tele
graphed to the, attorneys of the railroad
at Washington, who thereupon brought the
decision to the attention of the Supreme
Court and successfully resisted the effort
of Attorney-General Johnson, on behalf of
the Slate, to hnve the case heard and the
controversy determined on the merits of the
case .
This action of the Southern Pacific Com
pany wa* a gross violation of the solemn
proniNe of it» chief < ounsel made to the
<M.tn in ittee of tin* Assembly of ISBU, and of
the stipulation entered into with the then
Attorney-Geneial ol the Stale, pursuant to
the promise made to the Assembly commit
tee. The action of the railroad attorneys
in this case is but a repetition of tho tactics
pursued tn obtain a dismissal of the ban
.MutfO case before referred to.
It was stated before this committee that
tho owners of tho railroads will pay the
back taxes for 18s:>, 1886 aad 1887 just as tooa
M the Ltflflatsrt can frame it law that will
give them a way to pay them and Ret a re
ceipt. If there be no way to pay the taxes
aud get a receipt therefor why does
Mr. Craig. acting for the rouu>a
nics, in his letter to the Aitorney-
General, under date of January 12.
IB6o* clTer to fay all taxes, costs and penal
ties involved in the San Pablo and Tulare
ca!<e? And if there Is no way to pay the
taxes for 1885, 1880 and 1887 and obtain a
roceipt how did the compauie* und a way
to pay the taxes since Isß7 and obtain a re
ceipt for the amount paid each y ••ar since
that time?
The law as to the payment of taxes and
the giving of receipts for such payments is ihe
same now at it was in 1888 and has not been
chauged since that year. If payment could
be made for 1888 ami each subsequent year,
and they are willing to pay tiie back taxes
all that It is necessary for them t» do Is to
bring their money to the State Treasurer
and 1 have no doubt that the Controller will
promptly issue bis certificate authorizing
the Treasurer to receive it.
Now, a word as to the statement of Mr.
Cross that the railroads had to force the
pnyment of the money on the State, for the
years up to IPB4, through the courts, by
legal proceedings instigated by them.
The records of th 6 State will entirely
disprove this statement. Attorney-Gen
eral Marshal), though officially re-
QMftrd to furnish the Coutroller with
a statcmeut of tho moneys received by him,
giving trio years for Uih taxi's of which the
money was received and the counties for
which the money waspuid, declined to do so.
I also requested him to bring an action to
determine the authority of the Controller,
but he refused to do so. The IJooney case
was not instigated by the railroads.
At to the condition at that timn of the
cases of 1880, 1881, 1882 and 18S3, ihe records
show that no stipulation in any way saving
or pretending to save the rights of the State
and several counties to the bnlance of the
tax was filed in the records of the court, as
claimed by the attorneys for the railroads.
in his testimony, Mr. Rvan, the taxauent
of the Southern l'acific Company, in
answer to a question by Senator Seawu!!,
said that a reasonable assessment for the
years 1888-86 and 1887 would be based upon
the valuation placed upon railrouil proper
ties by the State Board of Equalization and
the rates would be fixed upon such assess
ments at the State nnd county race of 180%
and such au assessment would be accept
able, he believed, to the railroad company.
Mr. Ryan is supposed to speak with
authori y and to renVct the wishes of the
companies whose oflicer he is. Mr. Cross
lias already declared, in answer to a ques
tion of Attorney-General Hart, a*ked of him
on Wednesday evening, that he was not
authorized to state any specific sum that the
companies were willing to pay us taxes for
the years 1885. 1886 and 1887.. Therefore,
Mr. Ryan's statement must be. accepted as
the Dearest approach to a definite proposi
tion in regard to the taxes due for those
years.
Now if the roads were assessed upon the
basis of the valuations for i 892, and the
taxos for State and county purpose* levied
at rates similar to the rates levied for Sure
and county purposes for the year 1592, as
fiUK-iested by Mr. Ryan, the amount that
would be char-red to the companies woul 1
be 11,001,856 77.
The amount of taxes claimed by the State
for thel years 1885, 1886 ;uxl 1W h S- 011.
--7 GO 18, and the amount that the railroad
wou!d be released from paying for the
years 1885, 188G and ISB7 aloue would be
$1,009,903 41.
Taking the figures presented by the At
torney-General as correct for the years
1880 to 1884, Inclusive, the total amount of
taxes that the delinquent railroads oper
ated by the Southern Pacific Company
would, under a settlement based upon Mr.
Rvan's suggestion, be released and ab
solved from the payment of would be
51. 97*2.259 r.l.
Mr. Cross stated to this committee that ho
was expressly authorized to state on behalf
of the Southern Pacific Company that they
would pay only for the years 1885, 1886 and
1887, and then only provided the reassess
ment was deemed by the companies to be
reasonable. He further declared that If a
reassessment of the property was had
which the company regarded as unreason
able litigation would be renewed and the
State would get nothing.
This whole matter, as far as the represen
tations made to this committee by the attor
ney for the railroads Is concerned, simply
amounts to this: It is a demand that the
people of this State surrender to the rail
road corporations the right to dictate, not
only tiie value that shull be placed upon
their property for taxation purposes, but
also that the State shall permit them to dic
tate the very rate of taxation at which the
taxes are to be computed and ascertained.
As the assessments for 1892 were less than
for Ibßs, 188(5 and 1887 they demand that any
reassessment made shall be upon tho basis
of the valuations for 188% and as the State
rate of taxation was less In 1883 than In any
previous year, and, consequently, the
county rates of taxation wer» also
lower, they demand that the tax levied
shall be based upon the rate for 189% and
not upon the State and county rates of taxa
tion for the years for which the delinquency
exists. And in asking this they demand
that they be wholly absolved aul released
lr< m the payment of a single dollar of the
back taxes of 1880. 1881, 1882, 1883 and
1884 They offer a pittance for
the taxes of the years 1885, 1886 and 1887,
and declare that the State must take what
they themselves are pleased to consider as
being all that the State is entitled to, or
nothing at all will be paid. They have
gei ved notice upon the people in advance
that unless their terms are acceped the liti
gation will be renewed and the laws of the
State resisted.
I do not believe that the people of this
State are renlv to accept a settlement upon
tie terms proposed by these railroads. I
believe that the people demand a set
tlement in full of all that is due, a- '1
that no settlement short of tins will
meet with the people's approval. The treas
ury doors are open to them for the payment of
t!ie back taxes, just as they were open to
them for the payment of the taxes which
they have paid since 18S3. If they desire
to pay these taxes it is not necessary to
pass any law to enable them to do so.
They have found the law ample to enable
them to pay the taxes for the years subse
quent to 1883; the law is ample to enable
them to pay the taxes due for the preceding
years. The only new law that is needed is
one that will compel payment
When Dunn had concluded his araument,
Shanahan made a short address, reiterating
the statements he made the other evening,
that the railroad company owed its taxes
and ought to pay them.
When Mianahau had concluded, the com
mittee adjourned to hear the remainder of
the arguments, after the recess of the Senate
to-morrow.
BOOMING THE ROAD.
Outlook of the San Diego and
Phoenix Line.
Chief Engineer Fox and Citizens of
Yuma Confer- Route of the
Projected Railway.
Special to Tiik Mousino Calu
YUMA, Ariz., Jan. 30.— A lar*e an«l en
thusiastic meeting <vas held here to-day for
the purpose of taking steps to assist in the
building of the Baa Dieco, Yuma and
IM:umux Railroad. Chief Engineer C. J.
Fox of that line was present and the matter
was fully discussed. Judge J. L. Vm der
Worker, L- A. Hicks, Hon. J. W. Dorine
ton, J. L. Carpeuter, John G>ndolfo,
F. B. Wluhtman and C. R. Ilockwood were
appointed a railroad committee to confer
with a like committee from the cities of
San Diego and Phoenix. The line will be
about :V>o miles in length. It will cross the
great valley of tho Colorado from the mouth
of the San Felipe Canyon to E) Rio, a dis
tance of 110 miles, over the richest portion
of the Pacific Const, nnd will be built on the
north side of the Gila Uiver from here to
Phoenix. It is believed that the Rock
Island Railroad Company is behind the
scheme.
Sax DiKfio, Jan. 30.— O.J.StoiiRh, Nathan
Watts and C. J. Fox, the committee who
went from here to Pliopnix to confer with
citizens Rbout the projected railroad to San
Dieeo. have returned. They wore received
enthusiastically and every nncoursgeuient
was given. The people at Yuma will also co
operate. The intention is to obtain rights
of way aud enlist Eastern capital.
THE GERVAIS FAILURE.
The Affairs of the Rank Taking On an
Ujfly Aspect.
Saj.em, Or., Jan. 3J.— Another attach
ment was issued to-day against the Unitpd
States Hanking Company of Gervals. This
Is the twelfth suit. The feeling to-day at
Gervais is that President Baldridge of the
bank, who is now E.ist, will not return and
str.-.iiitaen out the tangle, as was first
thought. When the vault was attached but
84 remained. There are but few negotiable
notes and they are for small amounts.
Baldridge's personal note for about $7000 is
nmo tig others and there is one of S l 2O on
Reeves of the Sheridan Bank, which was
under the same company's management.
AN INDIAN YARN.
The Report of a Wreck on Clayoquot
.sound Denied.
Victokia, & C. Jan. 30.— The news sent
from Carmanah Point Saturday evening re
garding the supposed wreck at Clayoquot
Sound arose out of a story told by some lu
dlnns. who, in talking to some white men,
related the story of a wreck that occurred
in Clayoquot ten years ago. The white meu
misunderstood the Indians, and thinking
they were talking of a recent wreck tele
graphed the news to this city.
TiiFnK Is not li tug which will so quickly and effec
tually remove tb« bad taste produced by smoking
or oh»wlof tobacco as a i>leee of yvuuu's Vucatau
Ouin.
VERY FINE WORK.
One of the Schemes of Mr.
Huntington.
OPPOSING THE CANAL BILL.
A Pacific Coast Senator Who Seems
to Have Been Somewhat
I Easily Convinced.
Special to Tn« Morn i no Call.
Wasiiikgtox, Jan. 30.— The Call cor
respondent had a talk to-night with «x-
Senator Warner Miller, president of the
Nicaragua Canal Company, and la the
course of conversation asked, "Senator, do
you know anything of the alleged opposi
tion of the Southern Pacific Railroad to the
Nicaragua canal project?"
"Yes sir, I do." said he. "I know that
Mr. Uuntlngton Las his agents at work
here. An engineer of Iluntlnglon's, tamed
Cothrell, is especially taking an active in
terest against the canal bill. This man is
interested in Ilnntington's project for a
railway across Tehauntepee, for which
Huntingdon, and perhaps other?, are said to
have received concessions. This man
Cothrell is actively circulating among
Congressmen making misrepresentations.
I understand that one of the Pacific
Coast Senators professes to believe that
there is a Credit Mobilier back of tuis canal
bill. I want to say that out company has
not one cent of money to spend beyond
the legitimate money of the delegates
here who are earnestly and honestly
working to promote the project. We Tea n-
Dot afford to spend any money. We have
asked Congress for this assistance. If it
does not grant it, we will be successful in
raising the money elsewhere. We can com
plete it in five years if we raise $100,000,000.
or perhaps something less. We do not pro
pose to confine our attempts to America
either, for if Congress refuses us
aid we will be under no obliga
tions to build the canal with
American capital, but will raise the money
in Europe or wherever we can. There are
1 Go. ooo miles of railroad in the United
States, a great part of whose stock is owned
in Europe. The canal, if completed, will
double the population of the Pacific Coast
in ten years. Railroads across the isthmus
are of no account to the people of that sec
tion. Transportation must be made across
the isthmus without breaking bulk."
CONGRESS AT WORK.
The Anti-Options Bill Even Yet Is
Not Disposed Of.
WASHIHOTOir, Jan. 30.— After the intro
duction of a resolution in the Senate by
Chandler of New Hampshire lv favor of
absorbing Hawaii, the anti-options bill
was taken up, and White made an argu
ment against it in refuting the claim of the
supporters of the bill that "future" dealings
cause fluctuations and recessions in prices.
White gave figures to show how enormous
such "future" dealings in cotton were in
September, Otober and November last in
the cotton exchanges of New York, New
Orleans and Liverpool, while thp fluctu
ations and prices advanced from 7 7 -> cents
in September to 10 cents in November.
White spoke for nearly three hours, closing
his speech with the assertion that the pur
iose of the bill wa3 to separate the United
States from the great commerce of the
world.
The Senate then adjourned.
Tie House session to-day was dull. The
sundry civil bill was again considered, but
was not disposed of.
The Senate bill was pas?ej to refer to the
Court of Claims the claim of Jessie Benton
Fremont to certain lands in .San Francisco.
The SneaSer announced the appointment
of the following committee to investigate
the Panama matters: Fellows, Geary, Pat
terson, Powers aud Storer, and the House
adjourned.
DOWN WITH THE ICE.
Coal Barges Carried Over the Falls at
Louisville.
Louis VIIXB, Kv., Jan. 30. — The ice gorge
at Twelve-mile Island, above this cityt
broke this afternoon, and has swept away
fully $50,000 worth of property.
This evening five coal barges, mostly
empties, were swept away from their moor
ings at the Pumpkin Patch.
The barges were carried over the falis
and many were smashed to spiinters on the
piers of the railroad.
Fi:kdkuhk, Md., Jan. 30.— Ice from
eighteen to twenty-four inches thick started
out of the Mcnocacy this afternoon
and besan gorging in the Potomac
so seriously that the back water
extended four or five miles up the river. A
flood \\ns feared, but late to-night a break
was made at the south end of the gorge and
the back* iter is going down slowly.
Pittsiuho, Ph., Jan. 30.— A1l danger of a
fl-'Od at this point is now passed. The great
mass of he and snow went out this morn
ing, doing about S-Tfl.oco worth of damage
to lumber and coal fleets, and this h-aves
the stream clear.
HE WANTS GRESHAAI.
Cleveland Offers the Judge a Cabinet
Position.
Nf.w Yokk, Jan. 30.— Among the most
prominent of Cleveland's callers to-day
were Judge I). Cady Ilerrick, the well
known anti-snapurr chief of Albany. Sena
tor John Camdeu of West Virginia, J. J.
Richardson of lowa and ex-Minister Pheips
of Vermont.
The interview which Judge Ilerrick had
with Cleveland was a protracted one, and
it gave much comfort to the anti-snappers.
There is good reason for saying that some
time since Cleveland offered Herricfc the
post of Attorney-General, and Dressed him
to accept, hut the Judge thought that giving
up a place on the Supreme Bench, good for
fourteen years yei. at $17,000 a year, for
four years as a Cabinet officer was an un
fair ex hauge and he declined with thanks.
A lending Democrat, who saw Cleveland
today, said that an urgent lequest had
gone from him to Judge Greshamto become
a member of his Cabinet.
FIREWORKS EXPLODE.
A Sort of Ware That Is Rather Dan-
gerous to Make.
Cincinnati. Jan. 30.— A fearful explosion
ociurrfd in the Diehl fireworks plant at
Heading. Hamilton County, twelve miles
north of here, to-day. 11. Horn was burned
to death, Gas Garsp nnd Viola White were
fatßlly Injured and twenty-two other em
ployes received painful burns and bruises.
Only two of them, however, were at all
seriously injurpd.
The fireworks are manufactured in fifty
one small wooden buildings each about fif
teen feet square, and the explosion occurred
In one of these little structures irfceru stars
are dried. It is supposed the room became
overheated and th« highly inflammable
nature of the material about rendered the
explosion a natural sequence. When the
explosion occurred the <>tnr-* were sent fly-
Inc through Hie air for a long distance, set
ting fire to other buildings and In turn spi
ting off explosives in them. Fifteen ol tho
buildings wpre destroyed and glass was
shattered in houses for half a mile around.
The loss will nut exceed $20,000.
TYPHUS ONCE MORE.
The Authorities of New York Are
Very Greatly Alarmed.
New Yokk, Jan. 3o.— The health authori
ties are excited over the fact that typhus
fever was found this morning in a tene
ment containing twenty-two families at 338
XMt Ninth street. The patient is a man
who was confined in the alcoholic ward at
Bellevue Hospital at the time of the preva
lence of typhus.
Four Additional cates of typhus were re
ported to-night.
MODERN IMPROVEMENTS.
One Iron Company Could Not Keep Up
With Them.
Philadelphia, Jan. 30.— 0n an equity
bill suit by a number of creditors to-day
Judge Jiiddle appointed receivers to take
charge of the business of the Pottstown
Iron Company at Pottstown, Pa. The bill
estimates the company's liabilities at over
$2,000,000 exclusive of the $834,000 capita!,
and claims that the concern is insolvent and
the directors are unable to continue the work
for want of funds. The company employs
2000 men, and the plant is estimated to be
worth $3,000,000. A director of the com
pany said this evening that the "embarasa
ment was brought about by the continued
investments necessary to keep up with
modern improvements and three or four
years of close trade. Ha thought the com
pany would be able to continue an] pull
out safely.
A TOUGH DEAL.
Gallagher Got in a Bad Crowd, but
He Won His Fight.
Dkxveb, Colo., Jan. 30.— There wa3 a
lively time to-night in the Gallagher-Smith
scrap. Gallagher, who was knocked out
by Young Mitchell in San Francisco two
years ago, aereed to knock out Smith, a lo
cal colored pugilist, in eight rounds for
SI 000.
There w»s a large crowd present. At the
first swing of Gallagher's arms Smith
slipi-ed and fell, and after that with each
of Gallagher's rushes Smith would go to
bis knees.
Bat Masterton, who was behind Smith,
attempted to help him to his feet ju^t t>ef<.ro
time was called, and for this Gallagher
struck him.
Mastersnn was over the ropes in an ir -
stnnt slugging Gallagher, and a dozen
policemen took a hand in the fray, wni .
was a lively one for a couple of minutes.
Finally, the sluggers were put at it again,
but the negro. In sptte of warnings, kept
failing to his knees to avoid punishment,
aud the referee gave the fight to Gallagher
A GREAT SUCCESS.
Sybil Sanderson Captures a Critical
Audience.
Nkw Yokk, Jan. 30.— The Herald
special says: Sibyl Sanderson score*! h
success at the opera-house here on the oc
casion of her appearance in "Komeo et
Juliette."
Her costumps were exquisite a;
voice in excellent form. She was well sup
ported, and was applauded from first to
last, with several recalls.
The opera-house was packed, a large por
tion of the audience being Americans.
MARRIED FOR MONEY.
Investigating a Peculiar Case at
Los Angeles.
The Wife of a Fortune-Hunter Dies
Suddenly Under Suspicious Circum
stances-Two Deceived Women.
Special to The MOHmxs Call.
Los Angeles, Jan. 30.— The District Af
torney has ordered an investigation of the
circumstances attending the recent sudden
death of Mrs. Henry Bentley. An analysis
of ihe atomach of the deceased is now beiug
made.
Henry Bentley is an ignorant German
gardener, who came to Los Angeles from
Arizona about six years ago and worked for
several families in this city. He was per
sistently on the lookout for a wealthy wife,
and finally, by paying a commission, suc
ceeded in obtaining an introduction to a
portly Mexican woman, 65 years of ag*> and
ignorant of the English laneuaae, the widow
of a man named Nordhnldt, and possessed
of property worth about SlOO.Ooo.
Despite the opposition ol her children
li.-ntley married her at>oiit a year aco, run
ning off with her to San Jose for the pur
pose. Immediately afterward he mortgaged
a portion of her property. Mrs. Nordhftldt
died suddenly this month, it is claimed, of
heart disease.
It appears that several months ago Bent
ley advertised in a Sao Francisco paper
under an assumed name fur a female com
panion, receiving replieafroma Mm Emma
Casey and a Miss Hancock. The lat;er sold
out a lodging-house to join him. They are
both here claiming damages. Mi-*s Hanco k
declares that Bentley offered to marry tier,
and when taxed with being a married man
replied that his wile would not live three
months. Sue died within that time.
BUCK'S HEINOUS CRIME.
A San Bernardino Painter Arrested
for Assault.
Sax Bkrnakm.no, Jan. 3\— Jesse Buck,
a well-known painter, assaulted the four
year-old daughter of Nattoan Keller at
Liberal Dall, in this city. 11-r parents
were attending services Saturday evening
and allowed the child to play oaUide, she
being restless. It seems according to the
charge, that Buck enticed the child ay. v.
Her parents did not discover the fa -
this morning, wnen the police were n
anil Buck placed under arrest. Tli s U
Buck* second offense of a similar nature
and his punishment will be a severe one.
IRRIGATION AT RIVERSIDE.
The Development of a Now District
Just Begun.
BnrsBSXDX, Jan. 30. — Ti.e recent '>•
formed irrigation district, known as the
Riverside Heichts district, and which com
prises » quantity of land east of this city,
has just begun the, work of w.uer develop
ment. The land in the district has been
bonded for $30 per acre to prosecute the.
work. The district will run a tunnel Into
the Box Springs range of mountain*, lying
adjoining and east of the district lands, fr .
which a supply of water will be drawn
The prospects for an abundant supply of
water Bre good.
REVIVALIST CRITTENTON.
His Meetings at San Bernardino At-
tended With Marked Success.
Sax Beunaiuhno, Jan. 30.— For the last
two weeks revival services have been held
in this city under the charge of C. N. Crit
tenton, the millionaire philanthropist. Large
crowds have attended and the effect has
been marked, about 100 having joined the
several churches of the city. The meetings
close next Wednesday.
BACK 10 THE GALLOWS.
Return From Oregon of a Fugitive
Missouri Murderer.
Salem. Or., J;«n. 30.— X. C. Hose, alias
Carter, who ts under sentence to tani at
Mount Vernon, Mo., was started U>-ui»z!it
for Missouri in charge of the Sheriff and a
deputy. Kose is the man who broke jail
six years ago while under sentence of dm h
for murder. He wa& arrested a few weeks
ago at I'ortUnd.
For additional telegraph see seventh
page.
I AM SO HAPPY |
Relieved me of a severe Blood trouble.
It has also caused my hair to grow out
again, as it had been falling out by the
handful. After trying many physicians
in vain, I am so happy to find a cure in
S. S. S. O. H. Elbert, Galveston, Tex.
S CURES By forci , n P ont 5 ™ 9 of <«*■
** viyuo ease and the l*> is on as well.
g Urit is entirelyjreKetablo and harmless.
S Treatise on Blood and Skin mailed free
Swift Specific Co., Atlanta Ga
jal6 ly SaTu Th
CHRISTMAS GIFTS
OF LASTING VALUE AT
T.LIiiWM Third St.
DIAMONDS,
WATCHES,
JEWELRY,
SILVERWARE, Etc.
T. 4 Third St.
dale FrSuTu tr ap