The morning call. [volume], November 09, 1894, Page 8, Image 8

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

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8
IS A LEGAL RIGHT.
Attorney-General Olney's
Opinion
OF JOINING LABOR UNIONS.
*
Given in a Letter to Judge
Dallas.
AN EXHAUSTIVE DISCUSSION
That Says Workingmen Cannot Be
Deprived of the Right to
Protect Themselves. j
Philadelphia, Nov. 8-— The contro
versy between the receivers of the Reading
Railroad Company and such employes as
are members of the Brotherhood of Rail
way Trainmen has prompted an expres
sion of opinion from Attorney-General
Olney in the form of a letter to Judge
Dallas of the United States Circuit Court,
before whom the case is pending.
The difficulty between the two organiza
tions reached a crisis on August 15 last,
when General Superintendent Sweigard
summoned before him all employes and
notified them that they should abandon
the brotherhood as a condition of retain
ing their places with the railroad company.
Vigorous protests were made against this
alternative ami the brotherhood urged the
receivers to withdraw it, but in answer
the receivers on September 17 wrote:
"The policy of this company is well
known to be that it will not consent Ihat
persons in its service shall owe allegiance
to other organizations which may make
claims upon them which are incompatible
with their duties to their employers. This
position was taken advisedly and we have
no intention of departing from it."
Attorney-General Olney's letter is an ex
haustive discussion of the questions pre
sented and he reviews the various prob
lems and the consistent solutions to be
applied in every aspect.
In substance he holds that labor unor
ganized is practically powerless; that in a
combination such as this lies tbe only safe
guard of the workiugman in bis dealings
with organized capital, and that his right
to belong to such a union — beneficial in in
tent and purpose— is a legal right which he
cannot be deprived of.
The letter is as follows:
Suggestions respecting questions raised
by the petition of Hymas, Ryley and other
members of the Brotherhood of Railway
Trainmen, the pendency of tbis petition
having been incidental brought to my
attention, the issues raised impressed mc
as of great gravity arid importance not
only as between the parties immediately
concerned, but as regards the country at
largo, in that view— in which I could not
doubt the court would share— it seemed
to me that the court would not object to a
brief discussion of tbe case from a public
poiut of view merely and uninfluenced by
the wishes and interests of the particular
litigants before it. Upon this suggestion
being made to the court it was at once cor
dially assented to. The considerations fol
lowing therefore are submitted by me as
amicus co rise merely, and by express
leave of the court.
First— The material facts may be briefly !
stated. The petitioners ait* members of
the Brotherhood of Railway Trainmen.
Some of them have been members foi
seven or eight year;" — have each year paid
annual does and assessments, which vow
amount tv considerable sums of money—
and by continuing their membership, will,
in case of death or permanent disability,
become entitled by themselves or their
representatives to large pecuniary pay- j
ment, from the fund, of the brotherhood.
On the other hand, by ceasing to be mem- j
bers, they lose all benefit from the assess
ments and dues already paid and forfeit
claims unon the brotherhood treasury.
The constitution and rules of the brother
hood and of the subordinate lodges are be
fore the court as a part of the petition.
No controversy or antagonism has ever
arisen or existed between the Reading
Railroad and any membeis, as such mem
bers. As it is claimed the Beading Rail
road has iorsome years adopted the rule
that it would not have in its service any \
member of a labor organization, it is a rule j
which has not been uniformly or invariably
acted upon since there has been a Phila- ]
delphia lodge of the brotherhood of the j
Reading line for nearly eight years and its ;
existence cannot have been unknown I
to the Reading officials. What has j
now happened and what has led to {
the present petition is this: T..e Reading j
officers have notified the members of the !
brotherhood on its line that unless they !
cease to be such members they will be dis
charged from their present employment on \
or before October 8. The receivers make I
no complaint of the manner in which el
brotherhood employes discharge their le
spective duties. The notice has been given
.imply because of such employes' mem
bership of the brotherhood, as is conclu- !
sively shown by the following telegram
received by Grand Master Wilkinson, in j
reply to his remonstrance against the
course to be taken:
The policy of this company ls well known to
be that It will not consent that persons in its
service shall owe allegiance to other organiza
tions which may maki- claims upon tbem which
aie Incompatible with their duties to their em
ployers. This position was taken advisedly,
and we have no intention of departing from it.
Jos. 11. Harris, President and Receiver.
Thus, if the receivers are right and their
rule is to prevail that membership of the
brotherhood, by and of itself, Incapacitates
for services on the road, ii is respectfully
submitted that the receivers are wrong
and that the action proposed by them
ought not to be sanctioned by the court.
Second— lt will help to make plain the
precise question before the court to note
the opening words of the telegram just
quoted: "The policy of the company is
well known to be," etc., etc.
Mr. Harris, wbo signs the telegram j
both as president and receiver, evidently i
forgets that the company is no longer in !
control— '.hat it can have no present policy
on the subject, and that what its past pol- ■
icy was is of slight consequence. The !
Reading Railroad being now in the bands
or the receivers, the receivers and the em
ployes of the company are officers of the
court. The court, therefore, and not the
company, is the employer of all tbe per
sons engaged in the operations of the road.
The present nolicv of the court and not
the oast policy of the company is the ma
terial thing to be considered, and hence
tbe precise question is, will the court now
lay down the rule that mom bers of the
Brotherhood of Railway Trainmen shall,
because they are such members, bn dis
charged from the service of the road?
Thirl— J he court, ii is admitted, ought
not and can not lay down any sucti rule
until either the purposes and objects of
the brotherhood or the means by which
they are to be attained are shown to be
illegal.
First— The general purposes and ob-
Jects of the brotherhood are stated in the j
preamble to the constitution as follows:
To unite the railway trainmen, to promote j
their general welfare and advance their inter
ests socially and Intellectually, to piotect their j
families by the exercise of a systematic benev- I
olence, needful in a calling so hazardous j
as ours, this fraternity has been organized.
Persuaded that it is for tbe Interests both of ;
our members and their employers that a good |
understanding should at all times exist be- j
tween the two, it will be the constant endeavor j
of this order to establish mutual confidence anu {
maintain harmonious relaiious.
Such are the alms and purposes of the Broth
erhood of Railway Trainmen.
Certaiuly these objects must be retarded as
laudable In the highest degiee and as deserving
tbe approbation and support of every good
citizen. These are indeed practically the same
as those for which the working people are ex*
pressly authorlz'd io incorporate themselves
by act of Oougtess— the statutory description of
-such objects being lor the purpose of aiding
its members to become more skillful and ef
licient workers, the promotion of their eeneral
Intelligence, the elevation of their character,
the regulation of their wages ami their hours
and condition of labor, the protection of their
individual rights In the prosecution of their
trade or trades, the raising of mnds for the
benefit of death, disabled or unemployed mem
bers, or the families of deceased members, or
fur such other object or objects for which work
ing people may lawfully combine, having in
view their mutual piotectton or benefit.
Second— if tbe means to these praiseworthy
cuds be now examined there is nothing in
them to which the most captious critic can
object except the provisions made for strikes.
It is well io note that even these provisions are
of an eminently conservative character— that
great care Is taken to guard against the abuse
of a weapon which Is a two-edged sword and
generally proves as damaging to those who use
it as to those against whom It Is used. Thus
by the brotherhood constitution and rules a
strike does not take effect until approved, first
by a local grievance committee, second by the
general grievance committee, third by a
board of adjustment, and fourth by the grand
master with the consent of two- thirds of the
members involved, while striking or inciting to
strike, except In accordance with the above
rules, is punished by expulsion from the
brotherhood.
Third— Nevertheless among the means ot ac
complishing the ends of the brotherhood is the
bringing about of a strike. As what a "strike"
is, is not defined by the brotherhood constitu
tion nnd rules, its piecise nature must bo de
termined by the court. And as the brotherhood
is entitled to the ordinary presumption of law
fulness for Its methods as well as its objects
until the contrary is shown, the court will hold
the thing termed "strike" tn the brotherhood
constitution and rules to be something lawful,
unless there cannot be sucb a thing as a lawful j
••strike."
Four lb— But whatever may the customary or
probable incidents of accomplishments of a
strike, it cannot be ruled that there is no such
thing as a legal strike, that every strike must
be unlawful.
The necessary elements of a strike are only
three: (1). the quilting of work; (*.'>, by a con
cert beiweeu two or more; (3), simultaneously,
aDd of themselves involve no taint of illegal
ity.
A strike becomes illegal when to these neces
sary features aie added others, such as a ma
licious Intent followed by a cruel injury, in
timidating, violence, the creation of public
nuisance, or a breach of the peace of any sort.
Fifth— But It is unnecessary to elaborate the '
proposition that a strike is not necessarily un- |
lawful, since it is emphatically sustained by :
the recent decision of the Circuit Court of Ap
peals In the Farmers' Loan and Trust Com- j
pauy vs. the Northern Pacific Railway Com
pany, just decided in Chicago, and it is hardly
necessary to point out that the attending cir
cumstances which often make strikes unlawful
are none of them provided for by tbe brother
hood constitution and rules, aud cannot, there
fore, be assumed to be necessary incidents of
any strike occurring pursuant to them.
fourth— ll the rulo Ihat a member of the
Brotherhood of Railway Trainmen shall not
work un the Reading Railroad cannot be justi
fied because of anything inherently unlawful in
tne constitution and rules of the brotherhood,
the only remaining ground on which li can be
defended Is that of business expediency. It Is
conceivable, though the spectacle would be a
curious one. that a court of the United States
may, on business grounds, refuse employment
to persons for no oilier leason than their mem
bership of an association whose purposes the i
laws of the United States expressly sanction. i
But it Is safe to say the consideration of busi- !
ness policy impelling the court to the course
suggested should be of the clearest and most
cogent character and that (he question pre
sented is one which the couit will recognize as
of the greatest Interest and importance.
In considering the question of the business
expediency of the employment of brotherhood
men such objection as there is <o it must arise
from the fact that under its constitution and
rules the employes may encage in a strike with
all the natural and possible incidents and con
sequences. It can hardly be denied that other
wise the brotheihood organization is not only
unobjectionable but is salutary in its operation,
both as regards the employes and employers.
It should be remembered, in the first place,
ihe risks of a strike an- not obviated by exclud
ing ihe members of tbe motherhood from the
receivers' service. Men, deeming themselves
aggrieved and seeking relief or redress, though
not associated in any formal way or for auy
general purposes, may easily unite for the sin
gle purpose of a strike, ln that view the
brotherhood constitutor and rules may well be
regarded as operating in restraint of strikes.
By compelling the question of strike or no
strike to be acted upon affirmatively by four or
five different and independent tribunals they
certainly lend to prohibit a strike that Is rash
or reckless or for other than weighty causes.
While, therefore, under th" circumstances of
the present case. the possible evidence of a
Ike would seem to be minimized, it should
not be forgotten lv the second place that the
receivers proposed a remedy, to wit: a rule ex
cluding or discharging from -ervlce any and all
members of the brotherhood, self open to
serious objections and disadvantages.
When treatment so apparently unfair and
discriminating is * administered through the
instrumentality of a court the resulting discon
tent and resentment of employes are inevitably
intensified, because the law Itself seems to
have got wrong and in some manner to have
taken sides against them.
Thus lie mischiefs apprehended from mem
bership of tbe brotherhood by the receivers'
employes lie wholly In the future and are as
small as ls possible In the nature of things,
while the mischiefs (o rise from enforcing the
receivers' proposed rule are real and imme
diate. Whether and how far this may be re
garded as offsetting one another need not be
discussed. The rejection of the proposed rule
may reasonably be expected to be attended
with such substantial advantages that the
court can haraly hesitate as to the course
which sound business policy dictates.
Not the least of such advantages Is the avoid
ance of the necessary Invidiousuess of the ille
gal position that a man shall go without work
unless he will give up a legal right— a right he
may properly deem essential to bis safety aud
welfare.
No better mode for the settlement of contests
between capital and labor lias yet been devised
or tried than arbitration, aud arbitration as a
mode of settling difficulties between capital and
labor must necessatlly be applied tn the course
of the recelvei snip aim arbitration iv its best
and most effective form. The court, by ap
pointing receivers, constitutes Itself not only
an employer ot labor, but the arbitrator ot all
disputes between it and tne receivers, who may
justly be regarded as the representatives of
capital, li occupies the dual capacity of em
ployer ami arbitrator naturally and Inevitably.
It is an arbitrator whose wisdom and impar
tiality are. certainly should he 'and must be
assumed to be beyond suspicion. It is an arbi
trator with whom both parties have reason to
be satisfied, both from Its character and Its
ability to make Its award effective, and nit-Mil
well be expected to furnish, should circum
stances permit or require, a conspicuous object
lesson Illustrative of the arbitration principle.
In short, the question being whether business
policy requires the court to approve the rait
that a member of the Brotherhood of Hallway
Trainmen Is ipso facto ineligible as au . no
pl«*ye of the receiver of the Reading Railroad an
officer of the court, the concluding consider
ations may be summed up as follows:
First— rule Is of doubtful value as a pre
ventive of strikes, because It leaves em
ployes to act upon Impulse and from passion
THE MORNING CALL, SAN FRANCISCO, FRIDAY, NOVEMBER 9, 1894.
| and freed from the restraints of tiie Brother
hood regulations.
Second— The rule Is of doubtful value when
1 the court is the real employer, both from the
I reluctance of tbe employed to defy tne court's
j authority and from the powt-r of the latter to
speedily and summarily vindicate It.
Third— rule is of positively injurious ten
dency in the disaffection and dlscon'ent encen
dered among employes by the denial to them of I
rights enjoyed by citizens generally and j
deemed necessary for iheir security and com- !
fort.
Fourth— The repudiation of the rule on the j
other hand has the positive merit cf tending to j
secure for the service the good-will of employes, |
and thus promoting its efficiency, of recogniz- ,
ing the real conditions of the capital and labor
problem, and the fact mat labor both has the
ri.ht to organize and Is organized; of Illus
trating the working under the most favorable
auspices of ib. principle of arbitration as the
means of adjusting the differences between j
capital and labor; of demonstrating that there i
Is not one law for one class of the community |
and another for another, but the same for all. I
and of thus tending to preserve for the law
and for tbe judiciary by which it is adminis
tered that general respect and confidence which j
have always been a mat ked characteristic as j
well as excellence of our institutions.
KICHAKI) Olney.
AN AWFUL PASSAGE.
The Steamer Switzerland Encounters
a Severe Storm.
Philadelphia, Nov. The Red Star
line steamship Switzerland arrived to-day,
having weathered successfully what her
officers consider to have been the roughest
passage they ever experienced. Her gen
eral appearance tells in itself tbe story of
ber battle witb the elements, and her
officers are all weather-beaten and worn
out.
The logbook of the Switzerland shows
that constant gales and mountainous seas
were met. During the greater part of the
passage it was found necessary to keep
everything battened down, as the seas
were continuously leaping directly over
the vessel from every quarter.
AIDING THE GERMANS
Work of Dr. Billings on Texas
Fever.
A Book That Will Furnish the Euro
pean Power With Desirable
Information.
Washington*, Nov. 8. — Agricultural
Department officials, who Are watching
the progress of negotiations between Ger
many and the United States over the ques
tion of excluding American cattle, incline
to the belief that by her latest move the
European power has prepared for a clever
stroke of diplomacy. The announcement
from semi-official sources that the German
Government has agreed to leave the crucial
point of dispute — whether or not Texas
fever could be communicated to other
cattle by the importation of American
stock— to the preponderance of expert
opinion, shows on its face a material con
cession to the United States.
It might have been accepted as such but
for the qualifying statement that their
chief authority would be Frank Killings of
Nebraska. The work of Dr. Killings is
well known at the department. He was
formerly connected with the State agricul
tural exposition of Nebraska, and other
labors which he conducted, and which
brought his name before the public, were
experiments upon swine in furtherance of
an inoculation theory which the scientific
men of the department smiled at. Mr.
Billings Is a Democrat and at the begin
ning of this administration was a candi
date, but an unsuccessful one, for tbe
position held by Dr. D. K. Salmon, Chief
of the Bureau of Animal Industry.
A thorough investigation of the propa
gation of Texas fever, conducted by the
Bureau of Animal Industry before the
present complication with Germany had
arisen, led to conclusions which preclude
the belief tbat the germs could be spread
abroad by the exportation of Northern
cattle. Dr. Billings, however, antagonized
Dr. Salmon's verdict ana wrote a pap-r
which furnished just the authority the
Germans would doubtless desire.
Officials say that it is evident that Ger
many has secured the writings of Dr.
Billings on tbe subject, hence its avowed
intentions to rest its case upon his opin
ion.
Bureau scientists assert that Dr. Billings
has strongly antagonized the department's
work recently and think that, he may
aiding the Germans in this matter.
SHIPPERS INDIGNANT.
New Cattle Steamers Are Rendered
Worthless.
Hf.ri.in, Nov. B.— -It has come to the
knowledge of the United States Embassy
that the pretense that the prohibition
against landing Amer.*. an cattle in Ger
many was based on sanitary reasons Is
without foundation. It appears that the
Hamburg sanitary authorities passed two
cargoes of cattle in question as healthy,
and thereupon the Prussian sanitary offi
cers were ordered to Hamburg, and sub
sequently announced that the cattle were
afflicted with Texas fever. Cattle ship
pers at Hamburg are indignant at the tac
tion oi the Prussian authorities, as they
have recently built four cattle steamers for
the American service, and these have been
rendered useless by the prohibitory orders
recently issued.
_
KNIGHTS OF PYTHIAS.
The Grand Tribunal Is Considering
Lodge Practice.
Cincinnati, Nov. B.— Supreme Chancel
lor Walter li. Kitchle of Lima, Ohio, repre
senting the executive department, is here
attending the meeting of the Supreme
Tribunal of the Knights of Pythias.
The tribunal is composed of five trib
unes, appointed by the supreme chancel
lor, as follows: .ludee, George E. Seav,
chief tribune. Dallas, Tex.; John 11. Alex
ander. Leesburg, Va. ; Edward A. Graham,
Montgomery, Ala.; Benjamin T. Chase,
Lewiston, Maine, and Frank H. Clarke,
Cheyenne, Wyo.
Several officers of the Supreme Lodge
are present
The German question has not been con
sidered, and only questions of lodge prac
tice arc handled by the tribunal.
TO BURN A TOWN.
Dastardly Attempt of Incendiaries in
West Virginia.
Wheeling, W. Va., No*. B.— A dast
ardly attempt was made last nizht by some
unknown parties to destroy Addi.on, the
county seat of Webster County, by tire.
Tbe town was set afire in several places
and before the people could be aroused
and the fires extinguished the opera
tions, I). M. Miller & Co's store and the
po'-to'lic'T building were consumed, the
loss being very- heavy with but little in
surance. As Addison is in the interior
oniy meager particulars can be obtained.
Treasury Balance.
Washington, Nov. B.— The cash bal
ance in the treasury to-day was $105,096,
--101; gold reserve $61,830,401.
ANGRY STUDENTS.
They Feel Hostile Toward
Dr. Zaccharin
AND ATTACK HIS HOUSE.
The Windows Were Smashed
With Stones.
MOB DISPERSED BY THE POLICE
Who Had to Stand on Guard
to Prevent More Serious
' Trouble.
St. Petersburg, Nov. B.— The medical
students of this city made a hostile demon
onstration against Professor Zaccharin to
day. They were dispersed by the police.
Professor Zaccharin's house was to- lay
surrounded by a mob of angry people.
The windows were smashed with stones.
Tne Dolice are now protecting the bouse
from further damage.
National subscriptions have been
opened for a great monument to be
erected to the memory of the Czar, Alex
auder 111. This work was undertaken by
order of the new Czar, and it is under
stood the monument will be erected at
Moscow. The body of the late Czar will
rest beside the tombs of his mother and
father near the entrance ot the cathedral.
THE FIRST MASS
For the Repose of the Soul of the
Czar.
JLivadia, Nov. B.— -The first mass for the
repose of the soul of Alexander 111 was
concluded yesterday morning in the
Byzantine Chapel, where the remains are
lying in state. The late Emperor's face
was but little altered. It had a placid
expression. At 2 o'clock .yesterday after
noon the second mass, at which the Czar,
Czarina, Princes* Alix, the Princess of
Wales and all tbe imperial and royal
suites attended, was celebrated. The body
of the late Czar was escorted with great
ceremony on board the cruiser Pamiat
Merkoovia for transportation to fcSebasto
pol this morning.
STARTED ON IIS JOURNEY.
The Body of the Czar Placed on a
Special Train.
Sebastopol, Nov. B.— Salute* from the
ships and forts here announced the arrival
of the cruiser Pamiat Merkoovia. Czar
Nicholas and the Grand Dukes bore the
body ashore. They were received by of
ficer* and 'deputations representing the
whole Russian army.
The coffin was placed in a saloon on a
special train.
The Czarowitz. whose health would
not permit him to accompany the remains
to St. Petersburg, took an affectionate
farewell of his relatives and the train
started on its journey. The Czarowitz
will immediately return to Abbastimeu, iv
the Caucasus.
The train will stay one day at Borki and
the body will be placed npon a catafalque
in the church erected on the snot where
the late Czar's life was att»nipted by de
railing the train in which he and the im
perial family were traveling.
BISHOP NICOLAI.
Will Hold Memorial Services in
Washington.
Washington, Nov. B.— Bishop Nicolal
of Alaska, the only Bishop ot the Russian
church in the Lifted States, was a visitor
at the State and Navy departments to-day
with Prince Cautacutene, the Russian
Embassador, who presented him to the
Secretary ol State and Secretary of the
Navy.
Bishop Nlcolai will conduct the memo
rial services to the Czar at the Russian
legation to-morrow morning. President
Cleveland, members of the Cabinet with
their wives and foreign Embassadors and
Ministers in their regalia will attend.
The chapel has been arranged aud con
secrated in the parlor of the legation.
The service will, ot course, be In the na
tive Russian tongue, and in the absence of
a choir will he without music.
QUESTION OF DIVISION.
Rate Controversy Between Two
Northern Roads.
Portland, Or.. Nov. 8.-— E. L. Lomax.
general passenger aod ticket agent of the
Union Pac fie, in conversation regarding
the failure of the Oregon Riilway and
Navigation Comoanv and the Oregon
Short Line and Union Pacific to effect a
passenger agreement, said : "It is not a
questlou of rates at all, therefore the
public is not particularly interested in the
matter. It is simply a question of division
of through rates now in effect between the
two properties. The failure to agree is
because the Navigation company wants a
larger proportion of these rates thau the
Short Line and the Union Pacific can af
ford to give, I know of but one way in
which to arrive at a fair division of the
through rates, and that is to consider the
conditions which existed before and after
the separation of the two properties.
•'The Navigation cnmDany, having sep
arated from the Short Line and Union
Pacific last July occupies now the same
position it did before it was united with
the "Short Line and Uniou Pacific in 1886.
The divisions winch were in effect prior
to 1888 were based upon an agreement
which had been in effect for several yean,
and the fairness of these divisions bad
never been questioned by any of the
parlies.
"After the time that the Short Line and
Union Pacific have devoted to this matter.
and the many compromise overtures made,
the traffic officials feel that they have ex
hausted every reasonable effort to reach
an agreement and settle the matter, and I
presume the matter will have now to be
taken up by those who represent the own
ers of tie properties to agree between
themselves as to how far the Short Line
and Union Pacific can go in acceding to
the demands of the Navigation company."
Mr. Lomax said that the difference per
yertr between the agreed divisions in effect
•rot to 1889 and the divisions now de
manded by the Navigation company is in
round numbers £.-,2.000 per annum.
IS WELCH INSANE?
He Says He Is Not, Physicians Say
He Is.
Chicago, Nov. B.— The board appointed
by the Secretary of War to inquire into
the mental condition of Lieutenant Blan
ton ('. Welch of the Fifteenth Infantry,
who last summer slapped ilie face of
Colonel Crofton, commanding the Fif
teenth Regiment, convened to-day.
The only witness examined was Lieu
tenant Welch, who denied in tbe most
positive terms that be was mentally un-,
balanced. Documentary evidence was
given, showing that the lieutenant had
several years ago been sunstruck and that
in the opinion of the army surge. Dt who
aftei.dPd him at that time the sunstroke
has affected his mind. The inquiry will
probably last for several days. . - *V
HEATH A FREE MAN.
After Standing Two Trials His Case
■V- ■-..*'• Is Dismissed.
Los An_ei.es, Nov. B.— ln the Superior
Court this morning the case of the people
against Richard Heath was ' dismissed.
Heath was charged wit*i trfb murder of
Attorney W. H. AlcWhirter in Fresno
nearly two years ago, and he stood two
trials in Fresno County with a "hung
jury" at each trial.
A change of venue was taken after the
last trial to Los Angeles County and the
case set for to-day, and when called was
dismissed.
The case has cost the county of Fresno
over $100,000, and no conviction, and they
do not feel that they have a certainty of a
conviction here and do not wish to go to
he further expense of from 850,000 to
$75,000.
THE CYANIDE PROCESS.
In England It Is Proved to Be Old
and the Patent Invalid.
London, Nov. B.— ln the Chancery Divi
sion of the High Court of Justice to-day
Justice Romer handed down bis decision
in tbe MacArtbur-Forrest cyanide of gold
extraction process patent litigation.
The action was brought by the owners
of the patent against alleged infringers,
and tbe defense was that tbe process was
old and the patent invalid. The decision
is against the owners of the patent, and
may bave considerable effect in America,
where the process is also patented and in
use. ______________
FURIOUS ELEMENTS.
Cause Havoc All Through New
England.
Streets of Boston Deep in Snow
and Strewn With
Wreckage.
Boston, Nov. B.— A terrific storm has
raced for the past thirty-six hours all over
New England. Its severity was only
equaled by the great blizzard of 188 S.
Reports from various points indicate
disasters to shipping and great destruction
to property, aggregating in#alue several
hundred thousands of dollars. In this
city the storm raged with great violence.
The streets were strewn with wrecked
telegraph and telephone wires.
These twisted wires were a menace to
life, and destructive fires were threatened
in many places. Many horses while being
driven through the streets trod on "live"
wires and were shocked to death.
At Providence, R. 1., the storm was very
violent and caused "treat damage. Tele
phone, telegraph and trolley wires were
swept from their fastenings and bung in
buuehes in the street ana from buildings,
endangering the lives of persons.
Along the coast line a tremendous sea
roared and the raging waters broke into
the lower harbor.
Reports ' from Vineyard Haven and
Portsmouth tell of fleets which narrowly
escaped destruction by taking refuge in
places of shelter. The warning of the
weather bureau had given time for most of
tne vessels to seek a safe harbor. Anxiety
is felt for the safety of shipping.
The schooner Ida Southard of New York
for New Orleans, is missing and it is feared
she is 1 st.
At Salem the telegraph wires are all
wrecked. All Eastern trains are delayed.
Snow has fallen to a depth of six inches.
Halifax, N. S., Nov. 7.— Therscbooner
Annie M. Oritle was driven ou the rocks
at the entrance to tbe harbor, near Bar
Cove, and her crew of four were lost. The
vessel was completely wrecked.
CARTRIDGES IN TALLOW.
How a Packer Attempted to Ship
Some to Cuba.
New York, Nov. B.— Victoria de la
Cova, a packer of 141 Franklin street has
been held in $25,000 bail to the Federal
Grand Jury.
He was arrested several days ago on the
complaint of Commodore Hughes of the
Ward line for placing cartridges in barrels
of tallow on tho company's steamer Y"u
mnrri, bound from this city to Havana,
Cuba. Whether the company intends to
trace the disasters to their other vessels
during the past year to the same source
was not developed at the hearing to-day.
Theoulv witnesses produced were Edgar
Board and John R. Larhton, two Pinker
ton detectives, who swore that on October
8 last they called on De la Cova and asked
him if he could ship 12,000 cartridges for
them to Havana. i
He said be could, and then in confidence
said he had already sent a consignment of
cartridges to Cuba on the Yumarri. He
produced the invoice of the shipment,
which the detectives took along and pro
duced In court to-day.
THE POPE PRESIDED
At the Conference in Regard to the
Great Church Union.
Rome. Nov. B.—The Pope to-day pre
sided at the last conference in regard to
the union proposed between the oriental
churches and the Church of Rome. His
Holiness sanctioned decisions aiming to
confirm and enhance the prestige of the
five oriental Catholic patriarchs, and to
extend their powers.
The Os^ervatore Rimaoo says that a
great number of American pilgrims are
excected here in May, 1895.
FEEDING WHEAT.
Reports of the Experiment Are Com
ing In Slowly.
Washington, Nov. B.— The .s'atistician
of the United States 1) par ment of Agri
culture states that owing to the compara
tively small number of returns as yet re
ceived, in answer to the special circular
in regard to the feeding of wheat to stock,
the department will not make a statement
as to the same on the 10th inst. nor until
more extensive return* are received.
Opening the Texas Cotton Palace.
Waco, Tex., Nov. B.— Governor Hogg
to-day delivered the address to the thou
sands wno came to witness the opening of
the Texas cotton palace. Fully 20.000
strangers were in the city and ibe associa
tion anticipates much success. Tbe expo
sition closes December 6.
Guatemala Means Business.
. Guatemala, Nov. Guatemala con
tinues preparing for war. One thousand
soldiers are going to the frontier of Mex
ico this week.
High Officials Dismissed.
London. Nov. 9.— A Berlin dispatch to
the Standard says : The Vossische Zaitung
says tliat Dr. yon Schelling, Prussian
Minii-t-r of Justice, and Herr Goring,
Chief of the Imperial Chancellory, have
both been dismissed. Berr Wilmowski
has been appointed to succeed Herr
Goring.
, DROUGHT SUFFERERS.
Plans Being Made for Their Imme-
diate Relief.
Omaha, Nov. B.— A special to the Bee
from Lincolo.-Nebr., says:
Tne Ne bra ski Relief Commission ap
pointed ty the Governor to arrange aid for
drought sufferers in the Western Nebraska
counties organized to-day.
The main point to which the commission
desires to direct attention is the systematic
collection of relief at as early a moment as
possible. Tbe secretary said that he had
proceeded on the plan of districting the
State and dividing the territory regard
less of religious denominations. In his
opinion every locality should bo promptly
divided among charitable workers that the
work may proceed with expedition.
WORK SUSPENDED.
Cruiser Montgomery Won't Get
Torpedoes for a While.
Newport. JR. 1., Nov. 8.-— Work on
fitting out the cruiser Montgomery with
her complement of torpedoes has been
suspended, pending a bitting of a confer
ence of torpedo experts at Washington.
This is supposed to be, a result of the fail
ures of the Howell torpedo trials on the
Detroit and Cincinnati, torpedoes fired
trom both these ships having sunk.
COLORED LABOR.
Right to Use It Demanded by a
British Subject.
New Orleans, Nov. B.— M. J. Sanders,
agent of the Southwest* India Line, a
British subject, to-night obtained from
Judge Pardee, In tho United States Court,
an injunction restraining the white -"crew
men and longshoremen from interfering
with his loading his ship by colored labor.
Mr. Sanders claims local protection was
not accorded him.
To Help Sick Women.
" 1 want to tell you what
Lydia E. Pinkhams Vegetable
Compound Sanative Wash
have done for me.
" I was so bad with falling- of
I wa3 en .
tirely discouraged. I expected
to die.
" One evening I read in the
' Herald' about this medicine.
I went to the druggist, got
.some, and took 2 bottles of
the Compound, and used one
of the Sanative Wash.
" I am now well and strong,
am never troubled with either
of the complaints. If more
women would use Mrs. Pink-
ham's medicines there would
be less suffering in the world."
— Mrs. Ida Casler, 126 Olive
St., Syracuse, N. Y.
fe!4 SuWeFrly I'OR
FLOUR.
PRICE OF FLOUR ADVANCED.
SPERRY FLOUR CO.
noS lt
AMUSEMENTS.
SUTRO BATHS-SUNDAY NEXT
(NOVKMBKR 11).
Pieces! UnOvAuA v Pieces
California Exposition Band!
«T_csa>_xri_i
GRAND POPULAR CONCERT !
from . t > "> I*. M:
ENTIRE CILIXGE OF PROCrRAM-CB !
UNBOUNDED SUCCESS
ATTENDANCE I. AST SUNDAY, 15,000.
Admission, Concert and Baths - - - - 10c
noB 4 1
Mrs. tRM.TiNK ____*_ lira Proprietor _ Manager
TO-NICHT production
PAR EXCELLENCE!
SECOND. WEEK I
ROARING SUCCESS !
THE OPERATIC EXTRAVAGANZA,
"JUPITER!"
*-MHff_y_M«*_^
Popular^ Prices— 2sc and 5Qc.
€^_ms^
o'*_rreli St.. Between Stockton ana Powell.
SAN FRANCISCO'S URK.VI' MUSIC HAl__.
Week Commencing Monday, Nov. 5,
Grand Opening of the Winter Vaudeville Sea-
son ! A .Superb Comedy Company I
StKORisT * Lee, Acrobatic Coined m, > ; iomm_
Krobei.. Atrial Grotesques: Saxsoxi sisters.
Sensational Amazonian.: Max Pkitini;im. and
his (log. Willie; Josephine Sabkl, Clinnteuse. etc.
44-TIIK BIU FOUR will positively appear
Monday, Nov. lv.
j(_~Kveiiln„ prices: Reserved seats. tte- Balcony.
iuc: Opera Chairs and Box Seats. 50c. *•
TREMENDOUS SUCCESS!
THIS a\D TO-MORROW KVF.N'ING
METROPOLITAN TEMPLE
AND S.i'lL'i.DAY M %_!_■
BLIND TOW,
THE MUSICAL Phenomenon. ,
Seats now on sale at Sherman. Clay A Co.'s, ana
at the Temple in the evening.
POPULAR PRICES. **
FOOTBALL! FOOTBALL!
Reliance vs. University of California,
SATURDAY, NOVEMBER 10 3:30 P.M.
HAIGHT STREET GROUNDS.
*_- This game decides the Championship or the
Coast.
Adinisßion Fifty Cents. no. at
They Stay Dyed,
Stockings, Feathers, Gowns, Cloaks,
or other articles dyed with
Diamond jtk
Dyes J||l|
will retain their color t^»_ffi|iJ-^icio_
no matter how often <^M^^^^j^^fc- d
they are washed or. <*^T
exposed to the sun. dS^ft__^^^r\rM *_*_
A package of _\\^^^jl2_^Aix * r ***
Diamond Dyes __W§^z^^_^i%^_
costs only ten cents,
and plain directions _^^^^_r^t^
For using accompany jkW'
it. No previous ex- Jfi x&
perience is neces-^^^^ L . &
;arv to get the _„_ _____ ]&_%*
best results. ""*-"-______&. Mm. '
oest results. -***"■---___- -■
Sold everywhere. Direction Book and
forty samples of dyed cloth sent free.
Wells, Richardson & Co., Burlington, Vt.
I AMUSEMENTS.
ALIiAYMAS A CO ' ■»,._..
B.H. kk,_dlaxd.„ "'.I; Ji^^J
f*l RQBERP"
Assisted by the charming
EUGENIE BLAIR.
TO-SIGUT
THE GLADIATOR.
IX, i OM^ EXT W__ EK
IXGOJIA-'.
KICHARD, THE LIOX-HEIRTEI)
IKiMH MLARRI VGK. '
DAVID GARRiCK
, and THE GLADIATOR
BALDWIN THEATER.
AL HATMAN A CO Lessees rial Man . -en
"Last 2 Nights-Last Matinee Saturday.
MR. AM) MBS.
isl ___£_ XT JO _£_.
AND THEIK LONDON COMPANY.
To-ni(-ht (Friday) and Matlneo To-morrow (Satur-
day), only time of the Delightful Comedy.
"A SCRAP OF PAPER."
Saturday N'islit— Farewell Performance— by re-
quest, will be given Sydney bruiidy's Comedy,
"-Ti*. "V^JE-CITJE. IjIE."
Monday. .Not. 12— Theater Closed lorT»o Weeks,
Monday, Nov. .6— The Romantic Actor.
ALEXANDER SALVINI.
••THK THKKK GUAKDSMKN*;
and •'lJl"\' Iti AS."
REGULAR j I REGULAR
S^r^l AUDITORIUM, |gj#gjg&
COKXKK EDDY AND JONES STS.
TO-NIG ___:__•
JES o_E3__3_i:X_-' S3
EIGHTH SYMPHONY CONCERT.
Overture to the drama. "The Thirty Years' War "
"Bine teste l'.ur. ist miser Uott." J. R__
Symphony, D major, No. 3. tirst time.
August Klusbardt
Vorsplel to the opera, "Die Melsterslnger"
S. Wagner
Serenade, 1) minor K. Volkmau
Vioicnceilo solo by Karl urieuaur.
"in '.be Sunshine" 11. Hofman
Spanish, Hungarian, from the "Suite of All
Nations" M. Mosz.owskl
Reserved seats 7.*>c and $1, at Sherman, Clay <fc
Co.'s. A>: mission, 50c.
MOROSCO'S
GRAND OPERA-HOUSE.
The Handsomest Family Theater in America.
WALTER MOKOSCO Sole Lessee and Manager
THIS *e*V__ISIIIsTC3- __T £3.
VILLAIN) AM) WILLIAM REWELL!
THI_ ONLY TWIN STARS IN THE WORLD.
In Their Spectacular Melodrama,
THE OPERATOR
EVENING PRlCES— Orchestra, reserved. s'Js ;
Press Circle, reserved. _sc: Parquet, re*arvaL
26c: Family Circle and Gallery. 10c.
Mezzanine Boxes. $1: Proscenium Boxes extr_.
MATINEES SATURDAY ANO SUNDAY
Matinee prices. 10c, 15c, '_Be.
Seats on sale from 9 a. ... in 10 p. M.
STCCKWELI/S— TO-NIGHT.
THE AUDIENCE WILDLY ENTHUSIASTIC!
THEATER CROWDED TO THE DOORS.
THE GROVERS
In an Kxceptional Pres-utatlon of Leonard ("ro-
ver's Most Popular Comedy-Drama,
CAB, THE TOMBOY!
AX ENTRANCING STORY,
PULL OOF CONTINUOUS INTEREST.
RIVER OF REAL WATER,
MATINEES SATURDAY AND SUNDAY.
Matinee Prices— l Oc, 15c and 25c.
Night Prices— loc, 15c, 25c, 35c, 50c.
THE LURL-KE.BATUSi
Commenciii); Saturday, Nov. 10. 1894,
THERE WILL. BE A StKIES OF
Novel and Exciting Entertainments !
Every Evkn-ino (.SUNDAY EXCEPTED)
AT .S O'CLor-K, AT THK
-_jTjr_?c_X_llsTH3 BATHS !
EVERY SIGHT, «iU'.M, ELr.CTRICAL CASCADES.
Constructed by Aug. I.efov _ Co.
Electrical Effects by Herr Klunipke.
The Management has provided comfortable seats
for guests and spectators.
General Admission. *.sc; Reserved Seats, 50c.
Under the nirection of H. i. Stewart, Esq.. a
Full Orchestral Band every ni__tat7:3o o'clock.
■ ■"- - ■ ■ noB Th lv 7t .
TROTTING AND PACING
| RACES Jl*g£o> RACES!
■>if<&iiyj \ -_^g\
TROTTING- HORSE BREEDERS' ASSN.
REGULAR FALL MEETING,
San Jose. Commencing October 27
OVER $24,000 IN PURSES «
Greatest Trottin-r Meeting of the Year.
«- RACES CUMME.NCE AT 12:30 O'CLOCK,
soecial train returns to St* Francisco after
! raeSTeaeh^»T. track, best horses the
j gSS SS?! J& 'rut** orerj *nr. oj96_
| RUNNING : <£&&,__> m ™%
RAGES I ;^^g^*» RAGEbI
CALIFORNIA JOCKEY CLDB RACES,
WINTER MEETINC-
BAY DISTRICT TRACK, -
COMMENCING SATURDAY, OCT. 27, 1891.
■ -„., s Monday, Tuesday. Wednesd-r,
Tliursd.i}', Friday an ii Saturday Kaiu
or !*liine.
live or more races each day. Races start at _
p. m. sharp. McAllister and Geary street ears
pass the gate. ov'lo tf
OBDi XTUXDKK DENTAL PAKLOUS.
815"*4 Henry st.. Between Larkin and. Hyde.
MAKK A MIS- 5^
take in the number. _V**3?^~_
S3- Directly opposite __*"^^_3»v^\
Saratoga nail. Obdon- _l_e|S'&___^ S^.
tunder is a lo al prepa- / .*aß_^*'" ' ,
ration, which makes the ISfei^t^ ■*^ -^3
extraction of teeth ab- lfi>i-S_# . & i~7
soiuteiypainiessana pro- tc /ife**>--sf- J^Y
duces positively no oad t XtJ*—-'
results. Note price list: «__.*-*—
Extraction painless. -_sc Crowns... .$3 00
Bone Fi11ing. ........5'ic Brid-jework., *5 00
Amalgam -50c Plates $5 00
Gold 75c Cleaning ->1 00
Every operatiou guaranteed to give satisfaction.
•elOtfeod 8p