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The morning call. [volume] (San Francisco [Calif.]) 1878-1895, March 30, 1894, Image 3

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Sacramento Remains
the Capital.
So the Supreme Court Has
The Legislature May Not' Over
ride the Constitution.
The Sovereign Power Rests in the
People Who Alone Can Decide
the Question.
All question regarding the removal of
he capital from Sacramento to San Jose
lias been at last set at rest. The Supreme
Court has decided that Sacramento shall
remain the Government seat of the State
of California.
From time to time there have been false
rumors that the all-important question
bad been decided, It was even at one time
telegraphed t - Sacramento, with the addi
tional information that the deciding
opinion had Oeen written by Justice Ga
routte. However, It was not so, and the
opinion rendered yesterday was written by
Justice Harrison, with the full concur
rence of the court.
The whole question fell upon the propo
sition, submitted at the last session of the
.Legislature, for an amendment to section 1
of article XX of the constitution. The
amendment advised the removal ot tbe
capital from Sacramento to San Jose, but
imposed a number of conditions of a more
or less bindin g na'ure. including the pay
mantof 51.0 00,000 and the deeding of ten
acres of hind.
The action on which the great decision
is given was entitled, H. P, Livermore vs.
E. G. Waite.
"The present art on was brought," says
the court, "by the respondent as a tax
payer aua citizen of the State to restrain
the defendant as Secretary of State from
certifying the said amendment to the
Clerks of the respective counties in the
State, and from doing the other act with
intent to have the said amendment sub
mitted to the elect >rs of the State; and
from incurring auy expenses in connection
witb said amendment, or with any at
tempt to secure a vote tbereon by the peo
ple, upon the grounds, as contended by
him, that by reason of the failure to com
ply with certain constitutional require
ments that the amendment was uever
legally adopted, and. also, that by the
terms of the proposition itself, it is ineffi
cient as an amendment to the constitution
and would be inoperative if approved by
the people."
The court goes on to state that the lower
curt rendered judgment in favor of the
respondent, and an appeal was taken to
the Supreme Court by the defendant
lv regard to the manner in which the
amendment was adopted by tbe Legisla- !
ture it was found by the court below that
niter the resolution bad been ordered en- [
rolled b» the Senate an adjournment was
taken sine die, and no action was taken by
the Assembly upon the mo.ion to recon
sider the vote by which the amendment
bad been adopted. Again, the copy voted
on m the Assembly differed from that
voted on in the Senate by tbe omission of
tbe words "of this State" in section 1. im
mediately after the words "seat of govern
ment." Also the word "laws" was suu
stimted for "law" in the first sentence.
The character and effects of the pro
posed amendment are also considered by
the Supreme Court in its decision, without
otner cnsirteration. It is shown that
article XVIII of the constitution pro
vides two methods by which changes may
be effected lv its provisions — one by a con
vention of delegates chosen by the people
for the express purpose of revising the en
tire constitution the other by the adoption
of propositions for specific amendments
previously submitted by two-thirds of the
members of each house. It must be un
derstood that the Legislature must adhere
strictly to the power conferred upon it in
tbe way of proposing amendments.
"Under the first of these methods the
entire sovereignty of the people is repre
sented in the convention. The character
nnd extent of a constitution that may be
framed by that body is freed from any
limitations other than those contained in
tne constitution of the United States. If
uion its submission to the people it is
adopted it becomes the measure of author
ity for all the departments of government,
the organic law of the State, to which
every citizen must yield an acquiescent
"The power ofthe Legislature to initiate
any change in the existing organic law ie,
however, of greatly less extent, and, being
a delegated power, is to be strictly con
strued under the limitations by which
it has been conferred. In submitting propos
itions for the amendment of tbe constitu
tion the Legislature is uot in the exercise
of its legislative power or of any sov
ereignty of the people that has been en
trusted to it, hut is merely acting under a
limited power conferred upon it by the
people, and which might with equal pro
priety have been conferred upon either
house, or upon the Governor, «.r upon a
special commission or any other body or
tribunal. The extent of this power is lim
ited to the object for which it is given.and
is measured by the terms in which it lias
been conferred and cannot be extended by
the Legislature to any other object or en
larged beyond these terms.
"The Legislature is not authorized to
assume the function of a constitutional
convention and propose for adoption by
the people a revision of the entire constitu
tion under '.he form of an amendment,
which would by the very terms under
which it is passed be inoperative. The very
term constitution implies en instrument
of a permanent and abiding nature, and
tbo provisions contained therein for its
revision Indicate the will of tbe people
that the underlying principles open which
it rests as well as the substantial entirety
of the instrument, shall be of a like per
manent and abiding nature. On theother
band, the significance of the term amend
ment implies such an addition or cban_e
within the lines of theoriginal instrument
as will affect an improvement or better
carry out the purposes for which it was
The all important section, section 1 nf
article XX of the constitution, is then re
cited In the following word*: "The city of
Sacramento is hereby declared to be the
seat of government of this State, and
shall so remain until changed by law; but
no law changing the seat of government
shall be valid or binding unless the same
be approved and ratified i.y a majority of
the qualified electors of the State voting
thereafter at a general State election,
under such regulations and provisions as
the Legislature, by a two-thirds vote of
each House, may provide, submitting the
question of change to the people."
It is shown that this declaration tbat tbe
city of Sacramento is the government seat
of the State is a part of i lie constitution,
and may be amended in the same manner
as any other portion of that instrument.
The provision that it shall so remain the
government seat until changed by law is
By this section tbe constitution provides
that the seat of government may be
changed In the manner therein prescribed,
but the mode of effecting such chant.* is
not limited to the one thus provided. The
Legislature might have provided for
changing the seat of government to San
Jose, by passing a law under the provisions
of this section ; but, instead of attempting
this course, it has seen fit to seek to ac
complish the same result through an
amendment to the constitution.
"Tbe proposed amendment," says the
court, "is, however, ineffective in accom
plishing the object expressed in the bill of
the proposition. Article XVIII, section
1, of the constitution, provides that if a
proposed amendment is ratified and ap
proved by the people, shall become a
part of the constitution. By the terms of
the proposed, amendment, however, the
operative effect, i. limited upon the dona
tion to the State of not less than ten acres
in land and 51.000.0C0, and the approval by
the Governor, the Secretary of State and
the Attorney-General of the site so dona
ted. The section of the constitution, which
is to be superseded by the proposed amend
ment, fixes the seat of government a: Sac
ramento, and so long as that section re
mains a part of the constitution the seat
of government will remain at Sacramento
until changed by law.
"But if the proposed amendment should
be adopted by the people it would oblite
rate this section from th* constitution
without leaving any constitutional decla
ration by which the seat of government
would be located in any part of fia State.
"The effect of ihe amendment, if ap
proved by the people, would be that the
seat of government will at some future
time be at San Jose, provided a donation
of $1,000,000 and ten acres of land shall be
made. Until the donation of money and
land shall have been made and the site
donated approved by the designated offi
cers the removal of the seat of govern
ment cannot take place, and the declara
tion in the first sentence that 'the city of
San Jose is hereby' declared to be the seat
of government of this State' would be in
effectual, for the reason that the amend
ment would fail to become an opera ive
part of the constitution. The removal for
which tbe Legislature Is directed to pro
vide In the last clause of the proposed
amendment is the removal from Sacra
mento to San Jose, and not a subsequent
removal from Sau Jose, as it suggested in
one of the briefs filed herein.
"By the existing constitution the seat of
government is fixed at Sacramento, and is
to remain there until changed, and by the
terms of the proposed amendment there
can be no removal except in accordance
with the tenuis of the proviso upon which
it is conditioned and which limits the re
moval from Sacramento to San Jose to
those terms."
The court holds that the amendment
proposed, is neither a declaration by the
people oT a principle or of a fact, nor is it
a limitation or a rule prescribed for the
guidance of either of the departments to
which the sovereignty of the people has
been intrusted. If adopted it would have
merely the effect to present the option to
any one so disposed of waking a donation
of land and money for the purpose of hav
ing the seat of government at San Jose.
Such a proposition is legislative in char
acter, rather than constitutional, and, be
ing conditional in its terms, would be
ineffective in accomplishing a change of
the seat of government from that already
fixed by the constitution.
"As the proposed amendment is, there
fore, only a proposition for the people to
submit t> some other individuals or body
to determine whether there shall be a
change of the seat of government, we hold
that it is not such an amendment as the
Legislature has been authorized to submit
to their votes.
"if the people shall at any time desire a
removal of the seat of government from
Sacramento, tins result can be readily
effected either by a law passed in accord
ance with the existing provisions of the
constitution, or by a proposal on the part
of the Legislature for such an amendment
to the constitution as will afford them an
opportunity to give immediate effect to
their desire by a direct vote upon tha
"The judgment and order of the court
below are albrmed. Harbisov. J."
Chief Justice Beatty, Justices Fitz
gerald, De Haven and Uaroutte concurred.
A concurrent opinion was written by
Justice Paterson and" concurred in by Jus
tice McFarland.
This passes upon the main contentions
put forward by tbe respondent in the
case. It was contended that the judgment
should be affirmed because the proposed
amendment was never finally disposed of
by tne Assembly, the whole matter having
been laid on the table; that it was not
pasted in the Senate by a two-thirds vote
of all the members thereof, the record
showing that Senator Hart's vote ought to
have been recorded in the negative; that
the House dii not act upon the measure
that was passed by the Senate that the
proposed amend tnent Is on its face void,
because in contravention of public morals,
being nn offer on the part of the State to
abandon its property at Sacramento and
change its government to San Jose fora
briDe r,r consideration of $1,000,000 and
ten acres of land; and in any event it is
void for uncertainty, there being nothing
to show who is to pay the money or
donate the land, or how long the people
will bave to wa*it for a tender of the prop
erty — how many propns'ttons may be
made and expected before it can be known
where the seat of government is to be per
manently located, and tbat no one can
know where the seat of government would
be in the event of a failure of the Gover
nor, Attorney-General and Secretary of
State, or a majority of them, to act upon
any proposition for a site that might be
The opinion says: "We agree with the
majority in holding that the proposed
amendment is ineffective on account of the
conditions contained therein, but there is
another ground upon which we also desire
to place our conclu-ion. The language of
section 1, article XX of tne constitution is
plain. No law changing the seat of gov
ernment shall be valid or binding until
said law has been ratified by a majority of
the qualified electors of the State, voting
therefor at a general election, and that
law must first receive the sanction of two
thirds of the members of each House and
hay« been approved by the Governor.
"No law has been passed by the Legis
lature proposing to 'change the seat of
government from Sacramento to San Jose,
or providing' under what regulations or
provisions the question of a change of the
seat of government should be voted upon.
The proposed amendment was not put in
the form of a bill. It was neither printed
nor read on three several days, nor was
the measure declared to constitute a case
of urgency. It was not considered by the
Governor. Therefore, it is not a law.
"It is claimed that the court below, and
counsel for the respondent, confounded
the question of removal of the State capi
tal with the question of amending the con
stitution. A glance at the proposed
amendment, however, is sufficient to show
that its sole object is a removal of the Mat
of government from Sacramento to San
Jose. With the word 'Sacramento' sub
stituted for the word 'San Jose.' the pro
posed section is identical with the pro
vision of the constitution, down to the con
dition of removal.
"If the trainers of the constitution In
tended to permit the seat of govern
ment to be removed by the proposal
and submission oi a constitution amend
ment under section 1 of XVIII. it
is difficult to see vvi.y they Inserted the
provision in section 1 of article XX requir
ing the proposal to change tne seat of
government to be submitted to the peoplo
at a general election, under such regula
tions as two-thirds of all the members of
each House should provide by an act regu
larly introduced, passed and approved, as
other acts of the Legislature are Intro,
duced, passed and approved by the Gov
"The framers of the constitution clearly
did not intend to allow the regulations
under which the question of removal is to
be voted upon to be adopted by a bare ma
jority of each ilouse, and submitted to the
people at a special election held at any
time. The question must bo voted upon at
a general election.
"This matter is stated as having come up
for disctissinn at the constitutional conven
tion of 1879. At this convention the section
(section 1, article XX) was proposed by
the committee and busily passed. During
the argument ona member moved to strike
out the words, 'by a two-thirds ■ vote of
each Ilouse.' There was a hot argument
un this proposition, in which Messrs.
Wicks, Barbour, Avers, Brown, Scnell,
White, Tinnin an. Tully took part. In
this the temper of the convention was
shown, it being decided that where the
State bad spent so much money in Sacra
mento and acquired valuable property the
question of removal should not be left to
any 'sudden caprice of demagogues and
"If the members of that convention bad
beeu told at the conclusion of their debate
that, notwithstanding all the care tbey had
taken to secure the deliberate judgment of
two-thirds of both Houses, and the ap
proval of the Governor, or his reasons for
disapproval, the time would come when
the Legislature would claim the right to
precipitate the question at any time it saw
tit iV resolution introduced and passed
within an hour, and under regulations
prescribed by a general act, and passed
by a bare majority, can any one doubt, in
view of the importance they attached to
the matter, that they would have declared
in express and unmistakable words thit
the rule prescribed by section 1 of article
XVIII should not apply to the subject of
removal of the 6eat of eovernnient?"
Not Even Excited.
Sacramento, March 29.— Tne decision
of the Supreme Court declaring the actiou
of the last Legislature in the matter of
the removal of the State capital to San
Jose to be inoperative caused no stir here
whatever, and very litt'e comment. No
body bad been in doubt from the first as
to what tbe result would be.
First Night of Economics
and Politics.
President Andrews of Brown Uni
versity Speaks on Monetary Af
fairs of the United States.
The Midwinter Fair congresses were
opened last evening at Golden Gate Hall,
on Sutter street, in the presence of a large
gathering of men and women and younger
students of political economy. There were
many leaders of thought In the audience,
aud it was noticeable, too, that they repre
sented various lines— economic, religious,
social, political.
Economics and politics were taken as
the subjects for tbe first series of meet
ings, which began last night and will be
continued Friday and Saturday nights.
James D. Phelan, who is president of
the congresses' executive committee, de
livered an address of welcome. In terse
language he reviewed the scope and
motives of the congresses. The Midwinter
Exposition, be said, was intended to edu
cate the civilized World to the importance
of California, but it was deemed advisable
to go a step farther and educate the people
in matters of impoitance to the nation's
welfare. To attain this desired end these
congresses were organized. The best
scholars and thinkers of the country had
been invited and would deliver addresses
which would influence the mental, mora!
aud spiritual advancement of the people.
He introduced Professor Bernard Moses
of Berkeley University and President E.
Benjamin Andrews of Brown University.
When Professor Moses walked to the
{front of the stage he was greeted with a
burst of cordial applause.
"Although we appear under the name of
a congress," said he. "yet the idea which
should be realized here is tbat of a body nf
free men. The members of an assembly
like this, called to discuss economic and
political questions, are supposed in matters
under consideration not to be pledged or
bound to utter the conclusions of a
caucus." In conclusion he declared the
desired end would not be reached by a
spasmodic effort on occasions of inter
national exhibitions.
Professor Andrews, in a highly enter
taining paper on "The Monetary Affairs
of the United States," made an able i lea
for bimetallism. He said it was quite true
that all the Britisn political economists
are tinged with bimetallism. Of the
theorists who will champion monometal
lism, a few live on the Continent, outmost
in the United States. Regarding what he
called hallucinations about bimetal
lism, be said it meant no such
thing as that it involves an attempt
to fix the relative if not the absolute value
of gold and silver by direct operation of
the statute. Supply and demand, economic
laws, that is, are to determine gold and
sliver under bimetallism as now. The
speaker quoted several European authori
ties in support of his views, and he main
tained that the demonetization of sliver
was not natural ur rational, but violently
the reverse.
•The policy was not debated, but en
tered upon in entire blindness," he said.
"Neither In England, in Germany nor In
the United States, the lands where it was
inaugurated, was any legislator at the
time awake to the stupendous signifi
cance of the act. Hardly a man In public
or in private life then so much as
dreamed of its grave and far-reaching
consequences, in contracts vitiated, busi
ness asphyxiated aud the bisecting of the
commercial world. Some of our people
wished for a revision of the tariff in order
that manufacturers' products may be ours
at a lower cost; but if the Industrial pur
gatory In which we have been in since
1873 is a consequence of lower cost, good
Lord deliver us from tariff revision."
J. J. Valentine of Wells, Fargo & Co.
read a paper on gold, which showed wide
knowledge aud study from tbe monomet.
aiist point of view.
Profusely Embellished.
The descriptive writing In "Picturesque
California" is from the pens of the most
famous authors in America and em
bellished with illustrations by noted
artists. The entire work is a perfect gem
and when originally produced cost $30.
Call subscribers can get it for S3 by cut
ting out the coupons.
The Tivoli Concert.
At the fifth Tivoli symphony concert this
afternoon Sigtnund Heel will be the violin
soloist. The trombone quartet will also play a
couple of numbers. The svrnohony will be
Raffs "Leouore," some ballad music strau«s
and the overture to Ooldmark's "Sakuntala"
will complete the programme.
Trolleys on East Street.
The Harbor Commissioners yesterday re
ceived a request from tbe Market-street Kail
way Company for permission to erect trolley
pole* on Kiel street. It is the company's In
t ntion to move ibe cars on East etieet and
Broadway that are now drawn by horses ny
electilclty. The request was taken under ad
Evangelization of the West.
Rev. Arthur J. Brown, D.D., of Portland. Or.,
will deliver au address at 3 o'clock this after
noon in the assembly-room the Theological
Seminary at Kan Aii.elmo on the narrow-gauge
road in Marin County. The subject will be.
•'Evangelization of the Great We«t "
Of Couehs and Colds. Influenza and Bronchial
complaints, are effected by using H\l_l_*S
BOM y of MOKKHOINt) and tak,
a pleasant and efficacious remedy, which does not
contain opium or anything whatever Injurious to
the most delicate constitution, vet exert* almost
magical power in all affections of the
Soothing and allsyin: Irritation and inflamma-
tion and strengthening the tissue*, thus enabling;
them to endure the changes of tbe season, which
are so severely felt at this time of the year.
Ask your druggist for HALES HONEY OF
HOREHOUNO AND tar (fun name) and lake
no substitute.
•C 24 tf FrTa
Fredericks Cannot Hang
Until January.
Errors in Trial May Make the
Time Longer.
The Defense Will Probably Be That
One of Melvin's Bullets Killed
Cashier. Herrick.
"Supposing that no errors should occur
during the trial, wnat period of time
would elapse before Fredericks, the mur
derer of Cashier Herrick, can be executed,
ii being taken for granted that be is found
The law's delay in the matter of the
punishment of undoubted criminals is just
now the subject of much consideration by
the public, and the answer to the above
question as given by one of the best known
criminal lawyers in this city is of interest.
When propounded to him the man of law
looked quietly at his' questioner, and tak
fcg the case of Fredericks he proceeded to
dissect the process by which be will be
gradually brought to the gallows.
"In the first place," he said, "Fredericks
had his preliminary examination yester-
day, that was March 28. The information
will, we say, be filed to-day. The prisoner
is, under the law, entitled to not less than
one day to prepare to plead. Before
pleading comes the motion to set aside the
information or a demurrer, or both. The
court can decide on these immediately.
Presuming it does, the prisoner is called
to plead, and doing so the case is set for
trial. This brings it to March 30.
"Aftrr the plea the defense is, under sec
tion 1049 Penal Code, allowed two days to
prepare. The case is, therefore, called on
April 1, unless a motion for a change of
venue obtains or a continuance for
another day on sufficient cause is
shown. The jury, of course, could be got
in one day, but it is not probable. In tbe
O'Neill case it took two weeks to get a
jury, in the West case nearly three. Pre
suming that tbe jury is got in one day the
case could be tried in three days, includ
ing arguments. The verdict of guilty
would therefore be brought In April 4.
Unless the prisoner waives lime he cannot
be sentenced for two days, so that Freder
icks is not sentenced until April 6, a mo
tion for a new trial and a motion tor arrest
of judgment being denied. Under tbe new
law after the sentence the date far bang
ing cannot be fixed at less than sixty days
nor more than ninety days. Under tbe old
law It was not less than thirty and not
more than sixty days. This brings tbe
date of hanging to June 7. Hut an appeal
to the Supreme Court can be taken within
not more than sixty days after sentence.
The prisoner's attorney waifs until 'he
fifty-ninth day, that is June 6, and takes
his appeal. The transcript must be
filed within thirty days, but we will
say it is filed in four days, or JuneJlO. Then
ten days alter the appellant files bis brief,
In ten days more the State answers, in
five days more the a. reliant files his re
ply, bringing it to July 5 before the case is
ready for argument. Now it would be
necessary to file transcript June 1 in order
to get the casn on tbe July calendar of the
Supreme Court. As it was not filed until
June 7it would not come up In the Su
preme Court until the second Monday in
October. Then the court, which could of
course decide the case the day it bears the
argument, has ninety days to do it in. The
remittitur issues say thirty days later, and
comes down the day following. Then the
date for hanging is set for sixty days later,
bringing ii to January 6, but as hangman's
day is Friday Fiedericks would not be exe
cuted until January 11. 1895."
Now, this Calculation is based on the
assumption that there are no errors mads
by which the Supreme Court could reverse
the judgment of the lower court. In such
a case the trial goes all over again. Now
to recapitulate:
March 23. Herrick murdered; March 28,
preliminary examination; March 29, in
formation filed; March 30, pleads; April
I. trial begins; April 4, verdict of guilty;
April 6, sentence passed; June 7. date
set for hanging; July G. takes an appeal;
October 8. argument la Supreme Court;
November 7. remittitur issues; January
11. Fredericks executed. Total, 294 days.
Of course all this supposes tbat every
thing goes smoothly, but with an astute
lawyer the case could be continued for
sixty days without a trial at all— that is,
the trial could be staved off thai time.
For instance, If the defendant wants the
testimony of some one in Peru or Europe,
it don't master which, and be makes affi
davit that such testimony is necessary ana
cannot be got from another witness, a con
tinuance must In. granted. In tbe case of
Luudquist, convicted of murder, the Su
preme Court reversed tbe judgment be
cause a continuance was not granted for
such a purpose.
"What limit would you place to such a
case as Fredericks', supposing the counsel
took advantage of everything possible?"
was asked. '38_B&B
"It mi'ht be strung out for two or three
years. The McNulty case was strung out
six years, but of course tbat was an ex
ceptional case, acts of the Legislature crop
ping up in the course nf events to help the
defendant out. But it is legally Impossible
to execute Fredericks before January,
1895. The course of procedure which i
have given you is simply possible; it is
very improbable."
'What do you think the defense will
"My dear sir, there is but one defense
which gives the shadow of a show and so
far there is no evidence to induce me to be
lieve that that can obtain. That defense
is that ij was a bullet from Mr. Meivtn's
pistol that killed Herrick and not one from
Fredericks' pistol. ' In such an event tha
j prisoner might be convicted of attempted
I robbery. As to the self-defense proposi
tion that is no defense at nil. Fredericks
entered the bank with a self-confessed in
tent to rob. He presented a threatening
letter calculated to create fear. Both
bankers had a perfect right to fire. If
even Fredericks had baa a confederate,
I and it was the confederate who killed
Herrick, Fredericks would still be under
the law guilty of murder in the first de
gree. It is now murder in the first degree
or in thing at all. If I were defending the
case I would take the line that Melvin,
the bookkeeper, in shooting at Fredericks
killed Herrick and thus try to raise a
, doubt as to the guilt of the prisoner. That
I is the only defense 1 see. but I wouldn't
| undertake bis defense for $20,000."
In connection with this it is well to
I state that the quickest case on record of
| bringing a man to execution In San Fran-
J cisco wa% that of Frank G. Hutch ings.
i Hutching* strangled bis mistress, Nettie
! Sims, at 732 Howard" street on July 16,
1884. He was arrested and pleaded guilty
: and held to answer on July 21, 1884. He
j was banged on September 12,1884. It was
I the pies of guilty that helped Hutcbings
1 along. As there will be no such lea in
| the case of Fredericks, the best part of a
i year will pass away betore Cashier Her
. rick is avenged.
How Sureties Are Secured for
Police Court Criminals.
The police made a discovery yesterday In
connection wltb tbe straw bond business
which has been flourishing recently, and It Is
probabla that several arrests will follow.
It will De remembered that on Tuesday
Judge Conlan canceled tbe bonds of Ben Levi,
alias Irving, ana Louis Goodfriend, alias
Kline, who were arrested at the Ocean Beach
by Detectives Cody and Handley and booked
on tbe charge of vagrancy. Tbe reason for tbe
Judge's action was because ot tbe fact tbat the
bonds were utterly worthless. Tbey were
placed In the hands of Detectives Cody and
Hundley, wbo yesterday arrested F. G. Ed
wards, one of the sureties.
Edwards made a statement to the effect that
on Monday last be was accosted on Tblid
street by a man wbo asked him to go to Mc-
! Manns' saloon. 16 Third street. There he met
I Ned Kugan, who Introduced him to a smooth
'■■ faced young man. This young man promised
i to give bim $10 if he would to on two bail
] bonds, and said he would not have to be sworn.
i The bonus were drawn and signed by Edwards
I and another man. They wer. then taken, Willi
■ two orders of discharge, to Judge Campbell's
bouse. The Judge tola Edwards and bis com
panion to hold up their hands, and then signed
tbeir bonds. The orders of discbarge were
then taken io ibe prison and the men leleased.
1 Edwards says he did not think be had com-
I milted any offense.
A Committee to Examine
the Fair Books.
Mayor Ellert Discusses the Import
ance of Having a Thorough
At the meeting of tbe committee of fifty,
field Wednesday night for the purpose of bear
lug the report of the financial directors of ibe
Midwinter Fair, Mayor Ellert, as chairman of the
committee, was authorized to name a sub-com
mittee of five, to fully luvesleate that report.
Yesterday the Mayor sent letters to eacb of the
following-named gentlemen, notifying them of
their appointment: J. J. O'Brien, of J. J.
O'Brien & Co.; C. E. Grunsky, Flood building;
Charles A. L .ton. manager of the Palatine In
surance Company; L. C. McAffee, of McAffse
Brothers; and M. Johnson, of 28 Montgomery
The Mayor's letter stated tbat the committee
was authorized to employ an expert accountant.
"In do < Hag with a matter which Is so wholly a
public affair as is the . Idwinter Expos! iou."
said Mayor Ellert iv discussing the subject,
"there should be .bsolutely uuthlog In connec
tion wlib us finances which ts not fully ex
plained and accounted for. There is no inten
tion of making any charge of Irregularity in the
management of matters, nor is any such
thought implied, But It is a duty that the
persons who have been connected with the
management ot that enterprise owe not to
the public who are inteiested Id and have sub
scribed to the support of the fair to place tne
disposition of every dollar so cleat before
the public that no oue can even say tbat any of
the funds were misappropriated.
"lf auy of the officers or committees which
are responsible to the Board of Supervisors for
lb" way la which public moneys are spent
should retort .to tbat body that such a sum as
$20,000 bad gone for 'expenses.' how long do
you think it would take the Fluance Committee
of the board to send that ieport to Ibe place
from which it emanate.!, with probably a pretty
sharp reminder that that sum was a little large
to b paid out of the Dublte coffers without a
more detinue statement as to what It bad been
used for?
"And so for myself, and I think tbat Is tbe
spirit which actuates each nieuib r of tbe com
mutes of fifty, the demand wbicb we have
made uuou the financial management of the
exposition is simply an assertion of a well
known business proposition— that every Item
of expense aud each individual source of rev
enue must be clearly staled to us. The com
mittee which 1 have named Is for the purpose
of finding out some of these things which ihe
report does not mane clear. Tbey are expected
to m to ihe very bottom of the Midwinter Fair
finances and to come back and tell us what
they fiud." .
Ihe Hertz Bonds.
Louis Hertz and his wife Dora, tbe notorious
fense, were ordered Into custody yesterday
morning by Judge Joachimsen, and the case
against tbem (or leceivtng stolen goods was set
down tor lieartue: next Tuesday. Tbey were
subsequently released on new bonds/Abraham
Harris, one of tbe sureties on their previous
bonds, who was arrested for perjury In swear
ing ibat the house aud lot 1910 Powell street
belonged to him, was arraigned and bis pre
liminary examination fixed for Monday. Hie
bonds were fixed at $2000. ;£B__§_l
Insolvent Debtors.
William Green, tobacco and clear dealer, bas
failed. He owes $19,586 76; assets, outstand
ing book accounts and fixtures valued at $6850.
B. Wlndiienz, saloon-keeper, owes $3861 75,
and lias assets valued at $680.
William 0. Starr, wholesale commission mer
chant, attributes Ma Inline to depression Id
trade; liabilities, $987 85; assets, nil.
William N. McUiH, keeper of .< wood and
coal yard and stable, owes $3476 90, and pos
sesses property worth $2000.
Ho! Traveler, take Beecbam's Fills with you.
Last of the Merchants'
Line to Panama.
Vessels May Be Run by the Pan
ama Line.
Modest Request of the Market-Street
Railroad Company— The Ship
The end of the North American Naviga
tion Company is near, much to tbe regret
of local business men.
After the first of May there will be no
mor«i competition for the Pacific Mail
Steamship Company at the bauds of the
merchants' line of steamers.
The sorrow occasioned by this announce
ment must be short lived, however, as
there is evidently a plan about to be
adopted for operating' vessels, to be char
tered by the Panama Railroad Company,
between San Francisco, Panama and Cen
tral America.
A representative of Herriman & Mills,
the stevedoring firm, appeared before the
Board of Harbor Commissioners yesterday
afternoon, and offered to lease the Lom
bard-street wharf, for what purpose he
was unwilling to state.
The offer is believed to have been a pre
liminary move for the securing of the
dock exclusively for the use of such
steamers as the Panama Railroad may run
on the route mentioned.
The firm's representative was told that
the privilege desired could be secured for
$300 per month, not including tolls and
dockage charges, but that no term lease
would be granted.
The steamers Keweenaw and Saturn are
advertised to sail with "through New York
freight" on certain dates, and this is con
clusive evidence that the North American
Navigation Company will shortly become
an institution of tbe past, giving way to
the mote powerful influence of the Panama
Railroad Company.
Last evening it was learned from a re
sponsible source that President Hunting
ton ot the Southern Pacific Company had,
while in New York Otty, almost succeeded
In negotiating for a new contract between
the Pacific Mail Steamship Company and
the Panama Railroad. However, at the
eleventh hour, the isthmus people decided
tbat it would be more profitable for them
to do business without the aid of the Pa
cific Mail steamship monopoly.
Captain Herriman of the firm of Herri
man & Mills would give no information as
to tbe intention of the parties whom he
represents, but it is generally conceded
that be is acting as an agent for the
Panama Railroad Company, and as such
will soon be eminently successful in secur
ing wharf space for his clients.
Having laid its track, through privilege
granted by the city, along East street, tbe
Market-street Railroad Company now ap
plies to the Board of Harbor Commis
sioners for permission to plant poles and
to string wires for an electric railway line
on East street, between Broadway and
The Market-street Company apparently
took it for granted that the State would
surrender to it supreme control over that
portion of the eaith known as the San
Francisco water front.
Though the Southern Pacific Company
has succeeded in putting a girdle around
most of this mundane sphere, it has for
once failed to complete its circuit through
the aid of the State Harbor Board.
The Commissioners did not pass a reso
lution permitting the stringing of the
wires, but compelled the railroad company
to wait for an answer until next week.
Wonders never cease on the city front.
The trial trip of the converted whaling
bark William Baylees will take place to
day at 2 o'clock. A special complement
of officers arrived yesterday from the East
to take charge of the new steam whaler.
To-day the ship Undaunted will be
towed from the Hunters Point drydock to
Mission Rock, where she will discharge all
the balance of her cargo, so that the ma
rine surveyors may he able to locate the
damage sustained by her when she bumped
on the bar when outbound some days ago.
The Undaunted showed no signs of her
contact with tbe sands of tne Goideu Gate
when placed in the dock.
Eastern dispatches advise that the ship
J.B.Walker, previously reported ashore
on the Maryland coast, is leaking and will
bave to discharge for repairs.
Another vessel comes out of Oakland
Creek to-day— the bark James Allen. The
Allen will go on the Merchants' drydock
before entering active service.
Local Singers Perform at the Vienna
The grand vocal concert and opera night, un
der the auspices of the Press Club, drew a
fairly large audience to the Vienna Prater last
All the vocalists were encored, more or less
warmly. Miss Anna Selkirk, a contralto, sang
"The Better Land" with expression. Miss
Maggie Coleman undertook an ambitious task
iv the grand aria from "Der Freiscbnetz."
Willis E. Bacheller sang "Mia sposa sara la
una baudera" artistically, and Mrs. Martin
Schultz was pleasing in ihe song, "Perfumes of
the Orient." >"<_.:
Quite a good Impression was created by the
Swedish Ladies' Quartet, which sang a "Morn-
Ing Sons," by Abt. The California Quartet
gave -'Absence." by Bach.
The iiaiei Orchestra played tbe overtures to
"The Flying Dutchman" aud "Mlgnon," and a
fantasia ou Bizet's men" in their usual
dellKhtful manner, encore after encore being
enthusiastically demanded. Franz Hell's solos
were also listened to with delight. ,
Jefferson's Birthday.
Tbe Greystone Alliance met In Justice
Dunne's courtroom, new City Hall, last night
and adopted the following programme for Jef
ferson's birthday celebration Id the National
Guard Hall. Ellis street, next Monday evening:
Overture. Park band; introductory addiess,
president ol the day ; vocal selections. Alliance
Quartet; oration. Colonel Thomas F. Barry;
potpourri of national airs, ParK band; recita
tion, Frank T. Shea; vocal solo, Mrs. Walter
m alloy: humorous sougs. K. 1. Wbelan; vocal
selections. Occidental quintet.
The literary exercises will be followed by a
grand bail. Tickets of admission are compli
mentary and may be obtained by application at
room 69, Columbian building, Market street.
A Wharfinger Disappears. *'
J. K. M. Quin, collector for the Board of Har-
bor Commissioners, reported to police head
quarters yesterday the disappearance of O. £.
B-iiley, wharfinger at the Washington-street
wharf. He was last seen about 7:30 o'clock
Monday morning at a grocery-store on East
street. He had been drinking. He is about 38
years of age, 5 feet 7 inches tall, stout build,
swarthy complexion, dark mustache and hair,
and wore a heavy blue chinchilla overcoat,
dark suit and Derby hat. He lives at 527 Fred
erick street.
Our Composers' Chance.
The Vienna Prater Orchestra will celebrate
the birtbdiiy ol Prince Bismarck on Monday
hext by giving a grand "Warriors' Night," on
which occasion they will b* assisted by tbe
Light Battery of the Second Regiment. *
. Wednesday and Thursday evenings, the 4th
and hot April, will be San. Francisco com
posers' nlth!. Only local talent will- be pro
duced to Franz Jo. et Hall at these concerts,
and composers are invited to leave ibeir manu
scripts as soon as possible.
Drank Carbolic Acid.
Mrs. William Hild returned to ber home. 317
Natoma street, last night and found the dead
body of her husband on the floor. A bottle
that had contained carbolic acid lay by bis side
and told the horror-stricken woman bow he
bad severed tbe tie that bound him to her.
Illkl was a baker, but bad been unable to find
employment of any kind for several months.
His wife supported bim and their child. He
was 29 years old.
Lacrosse Games and Gun Club Shoots
at the Fair Grounds.
The Midwinter Fair Athletic Committee con
vened last evening at the Olympic Club and the
following business was transacted.
- On April 28 ana 29 a bluerock shoot will be
held at Recreation Park, open to members of
gun clubs ouly, and at the suggestion of A.
ituss-11 Crowell tue following sportnien were
appointed a committee on .-reliminaries: F.
Venker of Lincoln Gun Club, J. C. Berger of
Empire Gun Club. C. Bergen of Alameda Sports
men's Club, A. W. Allen of Lincoln Gun Club,
Edgar Foster. R. Liddle and W. H. Seaver. An
entrance fee of $1 50 will be charged to each
event. A team trophy shoot will be held Am II
28, open to six teams, and on the 29th prox. a
twenty-bird shoot will be held. It is expected
that some of tne noted uapshooters of the East
will be here to take part In the tournament.
Peter Mclntyre will be appointed superin
tendent of the .Recreation Grounds.
Owing to the fact tbat the cricket clubs de
cided at a recent meeting not to accept of the
fair committee's offer to play a series of games
on the g> ounds, tbe question of cricket matches
was indefinitely postponed.
Thirty lacrosse-players from British Co
lumbia will arrive ou Sunday, and tbe first
game of a series will be held on tbe
afternoon of April 2 between the Vic
toria and New Westminister teams. On
April 4 an association game of football be
tween tne Fort Masons and New Westminister
teams Is on the bill of athletic fare. On April
i. the second of the lacrosse games will take
place, and on April 6 a combined British Co
lumbia lacrosse team will meet a team of local
players selected from Canadian residents. Ou
April 7 tbe final lacrosse match bei ween tbe
Victoria and New Westminister teams will re
sult. <
Tbe letter-carriers will have a great day's
sport on April 26, and a programme of athletic
events is now being arranged for the occasion.
While the gam-s are in progress the wheelmen
will bold a series of races on tbe bicycle track,
which will be In excellent condition for wheel
ing at that lime.
Eighty-Nine Boxes Brought Down
by the Queen.
Examiner Evans of tbe Custom-bouse found
three barrels of "pickled salmon" in the cargo
of tbe Queen yesterday. The "salmon" was
consigned to a Russian named M. Golong, who
Is not known in local business circles. It came
from Victoria, and as a large quantity of opium
comes from the same place, Evans thought n
inspection of tbe contents of the barrels would
do no barm. After removing the heads be
found seven layers of fish Id each barrel, but
under them bis probe struck tin boxes filled
with opium. There were in all eighty-nine
boxes, valued at $623.
Golong was arrested and charged before
Commissioner Heacock with smuggling. He
bad no explanation to make of the presence of
opium in bis barrels offish.
Another Club Organized.
At a meeting ot the Republicans of the Thirty
first Assembly District, held at California
Medical College Hall, 1422 Folsom street, tbe
following named gentlemen were elected per
manent officers: Joseph Madden, president;
Edward Nolan, vice-president; Peter McElroy,
recording secretary; John Cabill, correspond
ing secretary; Thomas Quinn, treasurer; Wil
liam Cabill Sr., serjeant-at-arms; execu
tive committee— William Cahlil Jr., William
Briggs, George Green, James Maber. Pai rick
Gahan, Wallace Boy son, George Black; enroll
ing committee— Joseph Madden, Edward Nolan,
John Cabill, Peter McElroy.
The Ninth Symphony.
At the ninth symphony and popular concert
of the Vienna Prater orchestra, which takes
place in Metropolitan Temple this evening, tbe
chief feature of ibe programme will be Bee
thoven's Symuhony in A flat, No. 7. i
The other numbers will coust.t of Spohr's
overture, "Jessonda"; Beethoven's overture,
"Egmont"; Joseph Kilter's "Mephisto," with
a born solo played by tht* composer; Schu
mann's "Abendlied" ana a polonaise by Choum.
Arrested for Perjury.
Hendrlck Henderson was arrested last night
for perjury on complaint of John llanseu, pa
trolman of tbe Sailors' Union, who was re
cently tried for placing a dynamite cartridge ou
the boiler or the tug Ethel aud Mai ion. Hen
aer.on swore that lie saw Hansen plac-the
cartridge on tbe boiler, and Hansen vow swears
that Henderson perjured himself. Henderson's
ball was set at $5000.
New Corporation.
Hunter & Hadley bave incorporated for the
purpose of dealing in patents relating to dry
packing and packing vessels. Capital $100,000,
of which $500 has been subscribed. Directors—
Heury C. Hunter, M. L. Hadley. Mort Flelsb
hacker, W. G. Benton, Robert B. Baum.
KB) __r __«_______. __£__*_ __-»H Cs%j
-_*?_"**{_ _B •*__> OP~9. _F"^» _w^i] «_< ,'___!
I Good tj
I $ is essential to § |
Good pi
gjta in pastry you cannot have £ 2
jijK either without a good short- § f
c ■>•s) ening. Lard has always had ©i
!|*3 very objectionable features, & a
gy< % causing indigestion and gl
cm many other dietetic tron- _• '§
£¥q bles. Science has come to g £
J l3 the assistance of the cook, ii g
H and of weak stomachs, with as!
£*2 the new shortening, £|^
1 Cottoteoe I
c^ It is composed of the choic- r?^
f__M est beef suet and highly £X
refined vegetable oil, in *E|
many respects as good as n
the finest imported olive <_j|
Sj.S oil. Physicians endorse it, g||
r§^ cooking experts re com- Sre
il^ mend it, and thousands igfc
9H are now using it in prefer- UK
pfj ence to any other shorten- *||
fff9 ing. Refuse all substitutes. SB
'-■' ■.".■:■ ___ &
15 Send three cents in stamps to N. K. y\_t
l Aj. 3, Fail-bank & Co., Chicago, for hand- KJfc
Y_i X some Cottolene Cook Book, contain- %*?
U■2 lag six hundred recipes, prepared by foj
• # aineeminefit authorities or( c<Joklb». 543
3 Cottolene is cold by all grocers. el*
c-fe Made only by g||
m N. K. FAIRBANK & CO., ffi
Lg ST. LOUIS end gfg
YrJi*»*'i" ■nj..'; ir/V^'jiV '' '\ "-y i%j£fi
lel4 1y WeFrMo
HOTEIj. ' ness HOTEL la San
Franeisca Rates *1 to $1 60 per day. The house
has recently been remodeled at an expense of
•30.000. KING, WARD * CO. Propr's.
my 6 tf WcFrM .- ■
MM i HEALTH £££ £?-&%
■ ■ o^-_ _ M m and life to GRAY Hair. V" only
BR, HAYS' HAIR H?A ITH. Most wwisraoiorr Hair trrower.
40c Pwidnn 'X.M P'cl'tht. N.Y. Hair book fre©
Bold by WAKELEE & CO., Montgomery street.
Also Polk and Sutter sts.. San i- rancisco.
; apl6 ly SuTuPr
-;. •:■-..-
Wright's Mian V.pta.l. Pills
Are acknowledged by thousands of persons who
havt used them for over forty years to cure
TION". Torpid Liver, Weak Stomach, Pimples.
and purify ifie blood. no* _• rTu ly
With . this remedy persons cau cure themselves
without the least exposure, change of diet, or
change in application to business. The medicine
contains nothing that is of the least injury to the
constitution. As- your druggist for I_. Price 91 a
i bottle. aolO V rTu ly

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