The San Francisco Call. Newspaper, March 15, 1895, Page 5

HE SA FRANCISCO JALL, FRIDAY, MARCH 15, 1895. e E——— e B R bl L s st e e e vt e el R S G THE HARBOR BAR OF HUHBOLDT. OF A NOBLE PUBLIC IM- PROVEMENT BEING WELL CARRIED OUT, STORY T RECORD FOR FAST WORK OvER 1000 ToNs oF Rock DuMPED DAILY DURING Two MONTHS LAsST YEAR. The first Government work done on Humboldt harbor was the completion, in 1884 $96,061 55 was , says the Humboldt Times of the 3d The project of improving the entrance by obtaining and maintaining deeper water on the bar was adopted in 1882, The south jetty only was contemplated at that time, but on December 11, 1890, the board of en- gineers metin Eu 4, and after a study of the situation modified the existing project 50 as to include jetties from both spits. The first contract was let to the Ameri- can Bridge and Building Company in De- cember, 1888. This contract was annulled and the work stopped October 31,1890, through the failure of the contractor to complete but little more than one-half the work, although his time was extended from December 31, 1889, to October 21, 1890, Up to this time 2767 feet of the south jetty had been completed and 45,943 tons of roek dumped, raising the jetty to the level of high water for 900 feet. On Pebruary 7, 1891, the contract for con- tinuing the work was let to Simpson & Brown, who commenced work in May of that year. By June 30, 1891, they had raised the south jetty to a high-water vlane 900 feet, making 1800 feet of com- vleted jetty. With the beginninz of their work in May the north spit commenced to sh away, and by June 30 about 1400 feet had gone, when the engineers determined to transfer operations from the south spit to the north. The contract of Simpson & Brown closed in December, 1891, by which time the north shore was protected by a jetty 1480 feet long. The cost of jetty work up to this time was $298 No wo; as done in 1892 on account of i ut by act of Con- July 13, 1892, $150,000 was ap- propriated and the project placed under the continuous contract system. March 3, 1893, there was an appropriation of $522,000, which, with the previous appropriation and ‘the $178,000 of unexpended balance under the previous eontract, made an available fund of $700,000 when J. C. Bull Jr. commenced operations April 1, 1893. By June 30, the end of the fiscal year of Mr. Bull had expended $40, & The report of the engineers for the fiscal year 1893 says: “The amount of money now available for the work is $65! X existing contract requires that $175,000 worth of work be completed at the end of the present working on, and the sun- dry civil act of March 3, 1893, which appro- priated $522.000, required that not more ihan_three-quarters of this amount, viz.: $391,500, be expended in the fiscal year end- ing June 30, 1894. This would m available for expenditure to June 30, 1894, of $566,500. Of this amount it is not prob- able that more than $325,000 can be judi- ciously expended. _On this basis it is esti. mated that there will be available for con- tinuing the work after June 30, 1894, in round numbers about $373,000, which ough: to continue the work to June 30, 18 Hence no appropriation for the fiscal ye ending Jupe 30, 1834, is recommended.”’ During the caleniar year of 1893 Con- tractor J. C. Bull Jr. dumped 72,695 tons of rock and earned $156,641 58, and during the year 1594 he dumped 153,797 tons of rock and egrned $268,335 55; so that there isstill available about 000 to continue the work to June 30, 18t Without some mis- hap this sum will be expended by that time. A summary of the amount of rock dumped is as follows: American Bridge Company..1889-90 Simpson & Brown 1891 Bull Jr. 1593 Bull J 1594 ar 153,797 Total... 115 Itisinteresting to note in this connection that the present contractor has putin more than double the guantity of rock during the two years of his contract that the othey contractors did in three years. Of course the brush mats and trestle are a necessary part of the contractor’s work, but it is the rock that makes the jetty. The handling of a contract of this magni- tude is no smail matter, and requires pe- culiar executive ability. For the season’s work of 1894 the contractor secured as su- perintendent W. E. Dennison of San Fran- cisco, who systematized the work so that it was conducted in a successful and satisfac- tory manner to all concerned. By laying a cable across the bay near Fairhaven a principal points connected with the jetty improvements were placed in telephonic connection with the Eureka office. An electric light plant at the quarry was an- other improvement that was of great value in moving rock. Numerous other systems were adopted by Mr. Dennison that offered an opportunity to work the plant to_its best advantage and full capacity. Mr. Dennison will be in charge of the work this season also, and under his able manage- ment the largest season’s work yet accom- plished will result. In August and September of last year an average of 1000 tons of rock a day was dumped and.this has never been equaled in a Government contract, even at the Columbia River jetty, where the Govern- ment is doini; the work. The method adopted by the engineer here in putting down first a brush matisno experiment, but the result of actual experience on the Columbia River jetty, which extends through shifting sands over four miles out into the ocean. Before the brush was re- sorted to it was found impossible to make a permanent foundation of rock, for the reason that the action of the waves would wash the sand from under the rocks so that they would be continually settling. itwas found that this was not the case with the mats, for the sand would fill in all throngh the mat and make it a part of the spit. ‘Wherever a mat has been sunk and prop- erly ballasted it stays, and years of experience on different jetties have demon- strated to the engineers that when the jetty is huilt»ug to high-water mark there is no appreciable setlhpf. Of course the shifting of a channel will sometimes make very deep water alongside the jetty and threaten to undermine it. This has been the case with our jetty, but experience elsewhere has taught the engineers that spur-jetties and a revetment of small rock will afford ample protection and avert ghe danger. This woric has been done on both our north and south jetties during the past season, and what appears to persons who have no knowledge of the work as a damage to the jetty is. as a matter of fact, the protection work of the Government. The presence of brush scattered here and there on the beach is easily accounted for when it is known that every bundle is in- spected by a Government officer and is tfirown overboard if not up to specifica- tions; and the further fact that once in a while the contractors lose a mat by being compelled to cut it adriff. The engineers’ department has a corps of officers here during the working season who inspect all material, make soundings and examine the work, making daily re- ports thereof. The permanent improvement of the bar isno longer a question. For the last two years there has at all times been deep water in the bar chanrel, and no deten- a total | tions have occurred on account of shal water on the bar proper. The channel is straight and does not shift. . To fully realize and appreciate the situa- tion it is'only necessary to look backward 2 few years. Between October 13 and De- cember 21, 1886, a period of over seventy day, there were detained, loaded in this harbor, fifty-six sailing vessels and steam- ers, aggregating a carrying capacity of 10,996 tons and employing over 400 seamen. These vessels were valued at $1,355,000, their cargoes at $220,620, altogether an idle capital of $1,575,620, and incurring an ex- pense of $2885 20 daily. It can be safely said, basing the estimate upon this daily expense of $2885 20, that the lumbering in- terests of this county suffered an actnal loss of at least $175,000 during that year from this cause of detention. The people do not need to feel alarmed about the jetty. Eyery foot of its original length is there and not a large stone or a brash mat has been displaced. As far as the trestle is concerned it was never ex- Eecled to withstand the action of the reakers. Major W. H. Heuer, the engineer in charge of our bar improvement, has every Teason to feel proud and satisfied with the success of the work. He has carefully supervised the work and successfully met each problem that presented itself. There have been no mistakes made by the en- gineers in planning and carrying out this great work. REAL ESTATE AT AUCTION. A Variety of Houses and Lots Sold at Fair Prices. Considerable interest was taken in the auction sale of real ite held yesterday by Von Rhein & Co. Although some prop- erties offered were withdrawn bidding was active for other pieces, and prices obtained were satisfactory. The southeast corner of Post and Bu- chanan streets, 87:6x87:6 feet, with stores and dwellings renting for $200 a month, was sold for $17,350. Eight lots on First avenue, between California and Clement streets, brought from $1000 to §$1100 each, and the owner being dissatisfied with these prices withdrew the remainder. Three new flats on the northeast corner of Rid street and Elgin Park avenue, with lot 25x 75 feet, sold for §6700. A two-story house at 420 Green street, between Kearny and Dupont. renting for $35, lot 20x57:6 feet, sold for $4600. Three flats renting for $39 Sixth, lot 80 feet, with front and rear house, sold for $5400. A cottage of six rooms, with a stable, and lot 25x120, at 2815 Geary street, bronght $3900. A lot on Van feet, 37:6 feet north of 000, and a nine-room 2 Jackson street, above Ma- feet, sold for son, lot 25x68 WAS NOT AFRAID OF DEATH DR. A. C. BAKER WRITES TO HIs NEPHEW ANTICIPATING THE EVENT. SUFFERING FROM CANCER OF THE ToNGUE AND No HoPE oF RECOVERY. Dr. A. C. Baker, brother of Colonel E. D. Baker, who was killed at Balls Bluff dur- ing the civil war, died in Barry, IIL, yes- terday. He was the last of his family, his sister, Mrs. T. F. Jerome, mother of E. C. Jerome, special deputy collector of this port, having died in Sausalito two years ago. The doctor was a surgeon of eminent ability, well known throughout the State of Illinois,and his loss will be severely felt by those in and about his place of residence, as he was a true philanthropist, always ready to attend the sick and the poor without pay or hope of reward. Dur- ing the war he served for four years as surgeon in his brother’sregiment. He was an old man of 83, but was not afraid to look death in the face, as the following let- ter to his nephew, Special Deputy Colléctor Jerome, will show : My Dear Nephew: 1 am truly glad to hear that you are well. ' I wrote you a short note, in which I intimated that in & few months you would have no old uncle. I will explain: About the 1st of October I felt a lllmg at the root of my tongue. 1 wentdown to St. Louis and called on Dr. Mudd, an old friend and an eminent surgeon. I told him I thought the lump had come to stay and take me with it. He promptly assured me I was not mistaken. What! a cancerous tumor? Well, how long do you give me to live? From three to six months was the reply. This would not have been my choice, smd I am aware that you and my dear kindred will be much distressed at the idea of your old uncle dying a death se horrible as the one or- dained for me; but do not worry; I shall not, for the simple reason that [ shall do nothing of the kind. The inclosed fable will give you to understand why. You may ask how long will it be before the Governor will be reminded of his promise. I answer I do not know. At presentIam in pretty fair heaith, suffer but moderate pain, and_rest without opiates. In fact, it has not yet broken me down. Yours affectionately, A. C. BAKER. The fable was as follows: A man once lived in a country where the or- genic law mede it & capital offense to live be- yond eighty veurs, He passed the limit and wwas tried and convicted of the crime. His sen- tence followed, viz.: You are to_die with can- cerous disease Of the throat. Aifter you have suffered all that humanity may suffer you must perish by starvation. The old man, as is com- mon, appealed to the Governor for mercy. The Governor’s reply was: It is no_case for pardon, but I will modify the sentence. “Afier you have suffered until life has no longer any charm, when you become a burden on your fricnds and death will be a welcome messenger, then if you will apply to me again I will order your execution in &ny manner you may se- ect.” To this the reply was: Governor, that is just s good a thing as I could ask. Serene I fold my hands and walt, And fear not tide nor storm nor sea; No more I seek to know my fate, Fornow my fate has come to me. And in due time the old men, with malice toward nene and charity to all, serenely folded bis hands across bis breast and passed calmly and peacefully away. Who condemns the old n? A LARGE DEFICIT. Auditor Broderick Says the Election Commissioners’ Fund Is Overdrawn Forty-four Thousand Dollars. Auditor Broderick is wondering where the deficit in the city’s funds will end if he is compelled to sign warrants for any more overdrafts. “The Election Commissioners’ fund is now overdrawn $44,000,” he said yesterday, “and the court orders’ fund several thou- sands more. Now, if Assessor Siebe and Tax Collector Block are te be allowed a lot more money for extra help to get them through their year's work I don’t see where we are going to get off. The worst of itis that I have to sign warrants for these overdrafts and defend myself in the courts when called upon to put the money back into the treasury. ““I have paid alren?y $4000 out of my own pocket to compensate the counsel 1 have employed, and .1 see no signs that the money will be returned to me. Shounid I refuse to sign I suppose I would also have to defend my action in the courts, so that in either case I am between a certain un- mentionable person and the deep sea.”’ ——— ¥ruit From the Citrus Fair, The frost of Wednesday night did not affect the orangesen route to thiscity. Some nine carloads were received by the auetion-house yesterday and will be disposed of this mm’nlnf, At the wind-up of the Los Angeles Citrus Fair many articles of choice variety were left over. It was considered downright extravagance to leave all this fruit go to waste, hence the best of the pick was boxed for shipment to®an Fran- cisco. It will be rold this morning at the auction-house along with extra shipments of ciirus fruits from Southern California, WHAT CALIFORNTA GENIUS GAN D0. TILDEN'S BEAR HUNTERS AND THE NATURAL OBLIGATIONS OF THE STATE. BERKELEY ASYLUM WANTS IT ONE OF THE STRONGEST PIECES OF ‘WESTERN SCULPTURE MayY BE SENT EasT. If “‘art for art’s sake” is to be the rule on the Pacific Coast it behooves Californians, for the sake of California’s art, to retain Douglas Tilden’s “Bear Hunters,” which in motif and execution is the purest evi- dence of sculpture that has yet been pro- duced by a native son. Aside from the fact that in his line of work Mr. Tilden as a deaf mute is an un- usual combination of ability and disability, the strong fact remains that his work is attracting international attention. The piece of sculpture called the “Bear | South Coast, charged with stealing the ship's manifest by C. R. Dietrick, 3 Steuart street, was heard before Justice of the Peace Barry in Judge Joachimsen’s court yesterday. It was shown that Higgins Bad taken a copy of the manifest in_the presence of the typewriter in Dietrick’s office, who offered ne objection, and as no felonious intent was proved the case was dismissed. SAVED FROM RUIN. A Young Girl Who Was Educated in a Convent Rescued From a Den of Infamy. To be educated in a convent and then to be thrown into the dregs of society beyond even the color line was the singular fate of 15-year-old Sarah Smith, who was yester- day taken into the custody of the Society for the Prevention of Cruelty to Children. Sarah’s mother, a handsome woman of 32, was arrested at the same time in a lodging-house near Broadway and Kearny str(fct.g She belongs, it ap;esrs, to the Vasquez family of Santa Cruz. and it was there she married John Henry Smith. _ A few years after the marriage Smith was sent to San Quentin for burglary and his wife lost her love for him. Sarah was taken care of by her grandmother, Mrs. Geronimo Vasquez, and was educated by the Sisters of the Holy Cross at Santa Cruz. Mrs. Belle Smith, the child’s mother, had driited in the meantime to San Fran- cisco and had become a dive waitress. Some time ago Sarah grew tired of living with her grandmother and went home to her mother. It was the sort of home that arent provided that caused the Society or the Prevention of Cruelty to interfere. For Mrs, Smith having found her white a snare and a delusion, had set THE BEAR-HUNTERS. [Drawn by a “Call” artist from a Paris photograph.] Hunters” is a bronze statue more than | her affections upon a negro named Joe nine feet in hei work has rec d strong commendation at the Paris Salon, the Columbian Exposi tion and the Palace of Fine Artsin Chi cago. Itis now in Berkeley, and Superin- tendent Wilkinson of the Deaf and Dumb Asylum is most anxious that the work be kept there as an evidence of whata man robbed by nature of the senses of speech and hearing may do as an expositor of all that is best and strongest in art. There will be a bill introduced in the Legislature asking for an appropriation of 1$10,000 for the purchase of this statue and asking also that it be retained by the Ber- keley asvlum grounds. In speaking of the statue Mr. Wilkinson said, ““As proof of what a deaf-mute may do, Mr. Tilden’s ‘Bear Hunters’ stands without a single rival in the world. As a peice of sculpture, barring none, itis worthy of and has re- ceived compliments from all the art critics of the world. Thatthis State should let so unusual and so valuable work of sculp- tural art pass from its hands. even to pri- vate house ownership, is to admit that all chance for the establishment of an art gallery in the State and by State represen- tation, is to be given up because Califor- nians refuse to encourage California art. Unless this class of work is fostered by the State that gives it birth it would be as well to give up the idea that California has an artentity of its own.” Even fflilinfi the passage of the bill an attempt will be made to secure the statue to the deaf and dumb asylum by private subscri{)tion. Should this also fail the statue will, in all likelihood, go East, where it has already been viewed, and, while not presented for sale, very warmly commended. Mr. Tii- den’s early work is not new to San Fran- ciscans. His “The National Game,” “The Tired Boxer”’ and “The Young Acrobat’ are already known to the habitues of Golden Gate Park and the members of the Bohemian Club of this city. The picture presented is the first ever reproduced in this city from the completed statue, and shows with completeness the line and action of the work that has made for itself a place in modern sculptural his- tory. This is one chance that Cahfornia has to prove that sheisnot unmindful of the claims of native genius. Should the work 0 East or to Europe, as it is almost sure o do, failing of appreciation here, then the art critics of the East would have a l:eriect right to howl and declare San ‘rancisco to be “jay” in art, if not in everything else. UNMERITED CLUBBING. Policeman Keegan Must Pay Joseph Loughery %20 Damages. Poliee Officer John W. Keegan clubbed Joseph Loughery on the night of January 2 on Bernal Heights, and now he wishes he had refrained, for Presiding Justice of the Peace Barry yesterday mulcted him to L;:e extent of $20 and costs for the as- sault. Loughery, who sued for $299 99 damages, and some companions, according to the testimony, were standing on a street cor- ner when Keegan came along with two other officers and began to abuse the plaintiff. ¢ A few words were passed and the officer };roceeded to subdue Loughery with his ocust. On the evidence of several wit- nesses it was shown that the assault was without provocation and entirely unneces- sary, as the plaintiff was not charged with any offense and was, therefore, not resist- ing arrest, and the two officers who were present with Keegan could easily have taken Loughery into custody had such a course been necessary. —————— No Felonious Intent. The case against Charles H. Higgins, part owner and manager of the steam schooner t,and as a piece of strong | Thomson and was living with him. ‘When Officers Holbrook and McMurray raided the house yesterday they found Thomson peacefully slumbering off a head- ache in Mrs. Smith’s rooms in a deshabille which showed him to be perfectly at home. Mrs. Smith_strenuously denied, however, that he resided there, though she could not account for his presence. The neigh- bors contradict her story, and it is to re- move Sarah from the evil influence of such surroundings as she was found in yester- day that the society Mrs. Smith sent to the City Prison on a charge of keeping a. minor in a disreputable house. COMMISSIONER MORRISON. A Sportsmam Who Will Look After Game and i Interests. The newly appointed Fish and Game Commissioner, James M. Morrison, has evidently the interests of the State Sports- men’s Association at heart. In conversing on the subject pertaining to fish and game he said: “I have always taken an active interest in everything pettaining to the Fish Commissioner Morrison. [From a photograph.] rod and gun, and nothing will give me more pleasure than to see the fish and game of this State increasing instead of de- creasing in numbers. “Since earl bo%houd I have been pas- sionately fond of field sports and the gun and dog have been my closest companions during the months When it is lawful to shoot game. In 1887 I organized the Peli- can Gun Clubof Sacramento. Iwas elected its president, which office I still retain. I have always been a firm sapporter of game fmtection. and I can assure you that while am a member of the Fish and Game Commission I will doall in my power to have the country well stocked with game and the rivers well suimlied with edible fishes, but above all, 1 believe in game protection, a matter to which I will give snrticulur attention once I get solidly own to business.” ‘Wants to Change His Name. Christian Wurst, & cook by occupation, has petitioned the Superior Court to allow him to change his name to Christian Waldau. His reason is that “the surname ‘Wursf in the German l-ngx;:ge is the same word that in that languege is used to signify and mean the Eng- lish word ‘sausage,’ and is often so spoken to etitioner by way of fun or joking and to cause s unpleasant icelings.” A farmer can better afford to pay toll on a three-ton load where roads are than on a hali-ton load where they're bad. But no toll is the best plan. SENATOR FAIR NADE A NISTAKE. Al A STIPULATION THAT DISINHERITS A CONTESTANT Is NoT OPERATIVE. OPPOSED TO PUBLIC POLICY. A CasE OF A LosT WiLL THAT INDI- CATES THE LINE QW% BATTLE. } r i They have been having a lost will case up in the State of Washington, which has just been decided by the Supreme Court there, and the lawyers in the Fair will con- troversy have been reading its dry periods with more absorbing interest than the average small boy displays over the stacca- toed sentences of Dick Dead Eye. It presents many of the difficulties that attend the case now before Judge Slack. The will in question was that of Daniel S. Harris, who died at Los Angeles, in August, 1890, leaving an estate in the city of Fairhaven, Wash. He left a will dated April 6, 1871, attested by two witnesses. The will was lost and a copy was presented in lieu of it by the legatee, Benjamin F. Harris. The strength of his position in face of the loss of the will was that it had been recorded long before in the Recorder’s office of the county where it was filed, as a precaution taken by the testator against the loss or theft of the document. But the next of kin and heirs at law of the deceased demurred and opposed the proceeding. The will was sustained in the lower court, but the Supreme Court over- threw it, or, at least, reversed the judg- ment of the lower court on the material points which the attorneys for Charles L. Fair are de pending upon in their contest- ing contention; that is, the proving of the provisions in the lost will. In the Wash- ington case the lower court is reversed with this terse statement: “The provisions of the will were not proved, as required by law.” ““The Legislature of this State has said that no will shall be allowed to be proved as a lost will unless its provisions shall be clearly and distinctly Proved by at least two credible witnesses.” It says: *“This language is mandatory and cannot be dis- regarded by the courts.” The law ‘of Washington is the law of California, as the code of this State was adopted almost entire by Washington. In the case referred to there was but one liv- ing witness who, according to the evidence, ever saw the will and he never saw it after he signed it as a witness, and he did not read it at the time and had no knowledge of its contents, except what he learned in conversation with the decedent and from an examination of the recorded will. The opinion of the court continues thus: There is absolutely no proof of the pro- visions of the will, except the declarations of the decedent, if we exclude the alleged record from our consideratien, as we are obliged to do if for no other reason, be- cause 1t is not proved to be a correct copy. In New York tKe statute, which is other- wise like ours, provides that® correct copy of a will shall be equivalent to one witness in proving its provisions. But .here we have no such provision and even a copy proved to be correct would not take the place of a credible witness. The term ‘witness,’ as used in the statute, evi- dently means a person who is sworn and testifies in a cause and not a document or palwer merely. For the error indicated the judgment must be reversed.” In this case, where the will had been spread upon the public records asa precau- tton in the event of the real thing bein; lost or stolen, where the testator had talker repeatedly about the will, saying that it had been recorded and detailirg its provi- sions, the proponent loses for the lack of valid proog]:\s to its contents. Tt can be more readily understood in face of such a showing of the difficulty of suffi- ciently proving a will why the struggle over the method of procedure in the pro- bate, now pending before Judge Slack, should be so long and bitter. The attorneys opposing the will declare that it will be next to impossible for the executors to prove the contents of the will by two credible witnesses, while the ex- ecutors declare that they have several competent witnesses to all its Provision& Btill, however, they very naturally seek to avoid the necessity of being put to the test and seek the easier path to their end. The attorneys for Charles L. Fair believe that the stipulation in the will that serves to disinherit the heir who opposes the will does not necessarily operate to do so. “If the court finds that Charley Fair had good Teasons to believe that the instrument in question was not his father’s last will, or that undue influence was exerted over him in the making of the will, or fraud in any way attcmptcs in connection with it, even though mnone of these things be proven, he will not be disinherited by the provision in the will designed to guard against a contest suit,” said Heggerty yes- terday. “The best authorities on wills and the law appertaining to them declares that these provisions are agaiust public policy and are designed to entrench fraud beyond the reach of the courts. They can serve their purpose only where litigation is carried on with the malicious design to waste and destroy an estate, or obstruct the carrying eut of the provisions of the will.” FOUGHT. FOR A GIRL. Two Youths Pummel Each Other for Two Hours. For two hours Al Bailey and James Rag- gett fought with bare knuckles in Alamo square, between Grove and Fulton streets, early last Sunday morning. Each had a second and a ring was formed by their sup- porters and backers. Bailey is 20 years of age and Raggett 18. A telephone message was sent to the central pelice station and the patrol wagon was dispatched with several officers. Sen- tinels posted around the square gave the alarm and when the patrol wagon arrived nobody was to be seen. Sergeant Nash and Policeman W. D. Scott obtained the names of the principals and seconds, and they arrested }?ailey and Raggett. Warrants are out for the arrest of the seconds, but they are keeping out of the way of the police. Bailey and Raggett apgeared in Judge Campbell’s court yesterday morning, to answer to the charge of disturbing the eace, and the cases were continued till to- ay. 1{ girl caused all the trouble. She wasin the roller-skating rink on Saturday night and skated with Bailey and Raigen, ut Bailey was more favored than his rival. Raggett challenged Bailey to fight and the victor could claim the girl. Owing to the appearance of the police, the point is still unsettled. —————— HIS LEG AMPUTATED. Result of a Row in a Saloon on Wash- ington’s Birthday. George Green, who is known to the police as a slave to the opium habit, was booked at the City Prison yesterday by Detective Anthony, Sergeant John Martin and Policeman Jerry Dinan, on a charge of assault to murder. - On the night of Washington’s birthday James Gately, proprietor of the Potrero Hotel, and some others were in the saloon of John O'Connor, 234 O’Farrell street, when a row was started in which Green tuok a prominent part. Green rushed out of the saloon and returned armed with a razor. He commenced to cut and slash in- discriminately. A woman was slashed across the shoulder, and several others Were cut more or less severely. Gately was badly cut on the leg and was taken to the German Hospital for treatment. Blood gmsoning set in and on Tuesday Dr. Morse had to amputate the limb. Gately is now in a critical condition. After Green had finished his cutting and slashing he disappeared. The police were not notified of the affair till Tuesday, after Gately’s leg was amputated, and Green was arrested. ARGUING THE ROOK QUESTION. Owners of Bitumen Mines Before the Supervisors. The Street Committee of the Board of Supervisors heard arguments regarding the proposed change in the specifications for street pavements at its session yester- day. Representatives of the Jordan Bitu- minous Rock Company, whose mines are at San Luis Obispo, and of the Santa Cruz Rock Paving Company, were present to watch their interests in the matter, the former to oppose the provision making it obligatory to bring the rock to this city in its natural state. was contended that the extra ex- pense of mixing it in the hold of the vessel in which it must be brought would shut them out of city work. The Santa Cruz people said that they had the same obstacles to overcome, and that what was fair for one was fair to the other. The discussion finally degenerated into a bandying of challenges regarding the quality of the work done by the rival com- anies, and the board stopped the wrangle y taking the whole matter under advise- ment. Supervisor Spreckels offered a resolution that the office of Inspector of Sidewalks, which was held by John W. Reed, be de- clared vacant. This was carried, but an- other resolution immediately offered by Mr. Spreckels that the position be filled by the appointment of George W. Elder w: S, much to the surprise of the Supervisor from the Tenth, beaten. The committee reported in favor of re- scinding the resolution passed by the board on February 28, accepting Guerrero street, between Eighteentl and Nineteonth. & number of property-owners were present to testify as to the quality of the work done, and all agreed that it was of poor quality and not up to specifications. Superintendent of Streets Ashworth said that the concrete was not of good quality, but that the lack of uniformity in the street was due to the poor work done by the railroad company in repairing the thoroughfare after tearing up its tracks rather than to the carelessness of the con- tractor. The coanuny\\'ilI be required to place its portion of the roadway in proper condition. WILL LEAVE THE COMPACT. THE TRANSATLANTIC FIRE INSUR- ANCE COMPANY WANTS TO CUT RATES. ITs MANAGER PRESENTS A CoON- DITIONAL RESIGNATION TO THE UNION. The Transatlantic Fire Insurance Com- pany of Hamburg has grown restive under the restraint of compact rules and has threatened to cut loose from the Board of Fire Underwriters. V. Carus Driffield, Pacific Coast manager of the company, cannot bear to see his business impaired by competition of the independent insurance companies, against which he cannot show fight without break- ing his pledges to the cnmpact. He ac- cordingly notified the Board of Fire Under- writers yesterday that he will resign from that body unless an agreement with the outside companies is speedily effected with regard to rates. Following the withdrawal of Manager Hugh Craig of the New Zealand Company Mr. Driffield’s unexpected action has ag- ravated the feeling of concern among Focal board maagers, who cannot but fore- see the beginning of a rapid process of dis- integration in the board. The matter was discussed in executive session and the re- sult was that Manager George H. Tyson ot the German-American Company was asked to confer with the managers of the nen- board companies and urge upon them the importance of coming to some understand- ing on rates regardless of union rules. n view of the position assumed by some corporations not in the compact, insurance men say. that Mr. Tyson’s mission is a hopeles one, and that being so there is but one alternative leit for the Transat- lantic corporation—to become an inde- pendent company unhampered in any way Tegarding rate cutting. Probably the most reckless cutting took place yesterday, when stocks of merchan- dise in the Baldwin block were insured for 1 per cent instead of 3)4 and 5 per cent, as heretofore. Goods in the rattle-trap frame stores of the Blythe block were insured at 75 cents, where the rate used to be $3 50. Summing up the situation a very poor outlook faces the insurance companies for this year. The receipts on premiums for 1894 amounted to almost $11,000,000, and the losses were $5,127,180. Expenses of conducting the business are nearly 40 per cent on an average, and added to the losses left about $1,500,000 to be divided as profits on Pacific coast business. This year the total amount of premiums will’ not go much beyond $6,000,000. Expenses will %e about $2,500.000, and losses certainly as much as they were last year, if not, in- deed, considerably more under the tempta- tions to arson offered by low rates. A clean loss of fully $2,000,000 is predicted, should the rate war become general and continue for any length of time. MUST PAY A LICENSE. The Agents of Foreign Corporations Liable for Taxes. Tn answer to a request from License Col- lector Lees that he give an opinion as to the liability of agents of foreign corpora- tions having the principal place of busi- ness in a sister State to pay a license tax, City and County Attorney Creswell yes- terday returned the following answer: From the_decisions I have consulted in simi- lar cases I conclude that when goods are brought into this State from a sister State and offered for sale by itinerant peddlers in broken packages they become mingled with and a part of the general mass of property within the State, and as such are llable with other prop- erty of the State to the burden of taxation, and persons engaged in the business of selling and offering the same for sale can be subjected to the same burdens imposed umpon_ others en- gaged in_similar occupations. A license tax upon the business of selling or offering for sale any part of the general mase of property of the State within the State cannot be in any way an interference with interstate commerce. If then this license tax does not interfere with interstate commerce there can be no question under the constitution and laws of this State of the right of a faunicipality to impose & license tax upon the business under discussion, The Supreme Court of California in the case of In re Guerrero, 89 Cal. 91, holds that sections 11 and 12, article XI of the present constitution of this State, gives the right to municipalities to impose licenses for the purpose of regulation or revenue, or for both regulation or revenue. Order No. 1589 of the Board of Supervisors of the city and county of San Francisco im 8 a license tax upon peddlers, and sabdivision 2 of section 12 of article XLVIII of the same ordinance provides who shall be considered to be peddlers. ——————— Mrs. Dr. Taylor of Logansport, Ind., has received documentary evidence that she is one of the heirs of the Denbow-Moon estate at Bristol, England. Tbe estate is valued at $80,000,000. There are fifty other heirs in this country, The Bottom of the Sea Yields no pearl that can exceed in beauty teeth whitened and cleansed with that incomparable dentifrice, the fragrant SOZODONT. XNor 15 coral rosier than the gums in which such teeth are set. So say the ladles, who sre the best judges in such atters. WILL CALL ON - THE GRAND JURY., MAYOR SUTRO SAYS THE SPRING VALLEY COMPANY SHOULD BE PROSECUTED. LAKE MERCED WATER IMPURE OTHER LAKES WiLL Be INVESTI- GATED BY THE BOARD OF HEALTH. Mayor Sutro has about decided that the result of his investigations in company with the Board of Health and Board of Supervisors in the matter of the city’s water supply will warrant his bringing the matter to the attention of the Grand Jury. Should the chemical and microscopical analysis of various reservoirs, which are now being made, show that the reported amount of impure and poisonous matter exists, such a course will be pursued. “I am of the opinion,” said the Mayor yesterday, ‘‘that what we have already found will warrant criminal proceedings against the Spring Valley Water Com- pany, and that they can be punished for knowingly subjecting the people of this municipality to the danger of disease and death by furnishing poisonous or at the best impure water to the city of San Fran- cisco. “‘The horrible sights we witnessed on the stream which runs into Laguna de la Merced are still vividly before my mind, and I cannot help but think that a cor- poration that will sell or even give away such water should be brought within the reach of the strong arm of the law. “Laguna de la Merced is not thé only reservoir of the Spring Valley Company that contains impure water. The watef sheds of lakes Pilarcitos and San Andreas are in many cases embraced in cattle ranches; and in the case of the latter lake, articularly, I am credibly informed that hundreds of cattle are allowed to graze down to the very water’s edge. Human hab- itations also exisit on these water sheds. Is it to be for an instant supposed that ma- terials detrimental to tbe quality of the water do not get into these lakes at times when heavy rains wash the hillsides and carry even earth, sand and such heavy matter into the water by a thousand small rivulets? “Then there is the supply that comes out of Alameda Creek in the Niles Canyon. That is certainly impure, for human habi- tations, ranches and camping grounds are permitted all along the water shed of the stream. Such things cannot but make the water totally unfit for drinking purposes. “I think the people of this city should follow the advice of Dr. Regensburger of the Board of Health and boil every drop of water that they use. Hedoes it in his own home, and certainly would nct pursue such a course unless he was sure that danger existed. I have no doubt that the people of San Francisco will take the matter into their own hands when the full facts are brought to their attention. ““The first gun will be fired by the Poard of Health when the analysis of Lake Mer- ced water, now being made by Dr. Spencer, is made public. There is no doubt in my mind that they will condemn Lake Mer- ced, and that investigation of other reser- voirs will Jead to the same cours i taken. Idonot propose to stop a; ting this matter as long as there is an abuse to be corrected.” Stealing From Dealers. Commission merchants along Davis, Battery and Sansome streets have had numerous com- plaints from customers recently regarding the loss of whips, blankets and other attachments of their wagons. The arrestsupon such charges have been few, and upon almost every oceasjon that one of the thieves has been taken into custody he has returned the next day to the scene of his pillage and boasted of the fact that he had & iofld night’s sleer in the police sta- tion, but that was as far as he had gone. The merchants are combining and propose to make an axnmf\e of some of the individuals who bother their customers. —_———— Wants Gum Trees Removed. E. W. Harmon of 750 Ashbury street has pe- titioned the Board of Supervisors to have a liae of gum trees on the east side of Ashbury street, near Frederick, removed. He states that in addition to keeping the sun off his house and rendering the sidewalks damp at all times, the roots and trunks of the trees have grown and spread to such an cxtent as to raise the granite curbs and sidewalk out of their proper Pposition and practically ruin them. ————— A Belleville (Kan.) boy is said to enjoy the patronymic of Turnipseed. YOU OWE T N To us to give us your patronage. Our reputa- tion on the Pacific Coast has reached the highest notch—and our name is synonomous of good and square and honest deal- ings. With our goods the leading retail stores of the Coast have flour- ished —and they are noted everywhere for possessing all the ele- ments of chic and sta- bility. We justly claim to be the only wholesale house in the State to-day which caters to the West- ern City trade—and ad- vise you all who would make your dollar do double service to buy your CLOTHING FOR MAN, BOY OR CHILD, DIRECT FROM Z N HYAMS, PAUSON & CO, 25 and 27 Sansome Street. Wholesalers, Now Selling at Retail