The San Francisco Call. Newspaper, May 2, 1895, Page 5

THE SAN FRANCISCO CALL, THURSDAY, MAY 2, 1895. CUESTS FROM THE SOUTH Received With Words of Wel- come by the Chamber of Commerce AT THE MERCHANTS' CLUB. A Ride Through the Park to Sutro Heights—Entertained by the Mayor. 1 o'clock yesterday morn- om Southern California of on Club filed into the rooms er of Commerce, where they ge number of the representative nts of thig City and became ac- General W. H. Dimond, president of the r led those present to order, and welcomed the *represen- the southern and central parts of the State, whose arrival in San Fran- cisco marks a new era in California’s prog- In closing he urged all to put their choulders to the wheel, “‘working one for all for one, and then, truly, California become what Thomas Starr K scribed it, ‘the Benjamin of the State whose sack of wheat is found the cup of gold.” " Vice-President Parsons of the San Fran- cisco B ing, welcomed back the members of the Half-million Club, praised them for the work they had done so and congratu- lated them on cementing the friendship of thc 1d north of the Tehachapi. “Commerce, said, “is already feeling the good e s of the work of the club, and looks v the work of the members r of coming prosperity. On rization I represent I the people of the south for their to the visiting members ot San million Club.” 'h ommerce spoke in flat rdial recep: ng ion the visitors met on the journey northward. He t while Los Angeles was the me- s of Southwestern California, San rancisco was bound to remain, by reason her situation and possibilities, the me- tropolis of the entire State. He spoke of the work of the Los Angeles Chamber of q ymmerce, and whose watchward is, ‘‘Har- progress.”’ to attract people to, Los Angeles, but to all the surrounding it. He said that California bad thrown a cordon ilurianism, and that there. He then said Los Angeles chamber t flouris 1888 the ature concerning the State, and y thousand letters asking formation. The secret of success, he said, is to advertise the State—not once, but io keep advertising it. William M. Bunker made a few remarks upon tne effects of the Half-million Club’s Visits to various parts of the State, and de- clared that San Francisco must help the interior in efforts to develop the State. The meeting was then addressed by President Keys of the Pasadena Board of Trade, who declared that it was the boast of his town that it had done much to at- tract people to California. He declared that in his part of the country therc wasno talk of division of the i he had not rd so much on ject as he had since on his trip i ay in this City. He said ed the pioneers of 1849 for what had done, but thought when the pio- neer of 1849 became the silurian of 186 5-time in the course of commercial ad. ment to relegate him to the back- nt Hugh Craig of the Half-mil- t 2 short address explaining and work of the club. rg, who had charge of the s fiesta, gave an account of the d said that such should be given city in the State so t there inot be any further complaint that fornia, which is the Italy of the United has no attractions for strangers but and scenery. He also advocated aking of an interest in politics by the people of the State. He said: *“‘We do mothing in politics, but let the other element “attend to that and then we, in- stead of attending to our duty, sit by and ETOW £ Presidéent Holcomb of the Produce Ex- charige of this city and Captain Daniels of Riverside made a few remarks, after which - President Dimon purned the | meeting reminding thos sent that the ts were called to an importantengage- mentin the rooms of tk erchants’ Club. ‘Fhe.guests of the Half-million Club left fhe: Chamber of Commerce and were escorted-to the tall building on the corner of.California and Sansome streets, where they became the guests of the Merchants’ | Club and without much ceremony were the feast prepared for nd members of the re so taken up with | d things set before them was devoted to speech- a few words of wel- 1 'by the hosts and ex- r(~¥] ven by the twenty-five of those luding President Hol- ice Exchange, A. E. cretary of the Half-miilion Club, ter of ceremonies, H. P. A is Sloss, William M. Captain_Nelson, Louis Sloss Jr. ladies, wives of visiting members, en in carriages through Golden Sutro Heights. en they left the Merchants’ Club rooms the rain was falling in gentle show- ers, but when Sutro Heights were reached the clouds had parted and the warm rays of the sunlight made the varty forget the moisture of the morning. They were met at the baths by Mayor After the formality of introduction d, inc lishment, and they marveled at what they One of the visitors growing enthusi- said: “Mr. Mayor, you have not ly shown us a most wonderful structure and a most wonderful marine view, but you have caused the sun to shine to en- ance the beauty of the scene.” The Mayor acknowledged the compli- raising his hat. n M. J. Daniels of Riverside, who had remarked that he thought his section t : country had .a patent right on | s, but that in his travels from home e north he had met orange blossoms where, while walking along the gal- leries of the big bathhouse ran up against several large-sized orange trees growing in He looked at them and re “Oranges growing by the great Pacific Ocean. Oh, Riverside, where isthy patent right?” The inspection over, the party returned to their carriages and were driven over beautiful Sutro Heights, after which they were . invited into the Mayor’s residence and led to the dining-room, where a splen- did collation awaited them The health of the Mayor, the host, was fl(n[nnml by Captain Nelson, who paid a andsome tribute to his public spirit and energy. Mayor Sutro smiled and expressed his leasure at meeting the gentlemen from :the south, who had done so much to ad- vance the interests of the State. He ex- oressed his ogl.po. tion to a division of the tate, and declared that any one who - favored it is a traitor. In speaking of the :8tate he seid that there is a treasure in it that has been neglected, and that is the = water-sources in the high Nevadas, which : should be used to irrigate the lands so as 1o_insure crops every year. ‘W. M. Bunker was called upon to speak, :*but he declared that speech from the “‘south is silver, but silence is golden, and . ard of Trade addressed the meet- | ed an immense amount of re- | that if he said what he could say, what he and what he should say, it d e too long, and he decided to remain silent. Mr. Patterson of Los Angeles said a few complimentary words about the hospital- ity of the Mayor and others the visitors bad met, and he was followed by Mr. Beard of Napa, who suggested the foster- ing of the Nicaragua canal project as a means by which the Half-million Club cauid attain its object of securing half a m}l_lmn population for San Francisco. The party was then escorted to the bal- cony in front of the residence, and was there photographed. In the evening the visitors attended the performance at the California Theater. This morning at 7:40 the visitors and members of tge Half-million Club will leave the Tiburon ferry landing for the north shore of the bay and take a trip over the San Francisco and North Pacific Railroad through Marin, Sonoma and Mendocino countie: i iex'v,ive point. hearty welcome in the chief town of Men- docino County. WILL SUE THE RAILROAD. The Market-Street People Are Again in Trouble. James Madigan, father of the little three-year-old boy who was killed April 17 by a car of the Mission-street line, will enter a suit for $25,000 damages against the Market-street Railway Company to-day. The child, in company with one or two | other little children, was playing on the sidewalk, when one of them ran across the street. Young Madigan attempted to fol- low his companion, was caught in the | | middle of the track by the guardless car and literally ground to pieces. The complaint will allege that the rail- way company failed to comply with the| ordinance requiring a guard to be | acea on all the cars, and further that the | storman neglected to ring the bell when | 1in thirty feet of the crossing, as re- quired b; v. The complaint will also allege that the car was running faster than the stipulated eight miles an hour—that it was, in fact, speeding along at a rate of not less than eighteen miles an hour. his case 1s likely to attract more than ordinary attention, as it is the one in which Mayor Sutro demanded the indict- ment of Vining and Huntington. CRUSHED BY THE WHEELS Experiments With a Du'mmy Man in Front of an Electric Car. The Fender Did Not Fend—Mangled In a Realistic Way. A series of experiments not unmixed with excitement were made at the in- stance of the managers of the Mission- | street electric line with a new fender a few | days ago. The place could not have been better chosen. It was on the short stretch of the line known as West Mission street, | between Thirteenth and Fourteenth. The street is little used, and the cars were run at as high a rate of speed as was thought necessary for the complete suc- cess of the life-protecting experiment. The new fender was attached to the car | selected for the test, and afier a straw and rag stuffed dummy had been tossed across one of the rails everything was in readi- | | ness. The current was turned on, and within a few feet from the starting point the car was sent bowling along at an un- | lawful rate of speed. Crowds lined each sidewalk, and the true-to-life character of the scene was such as to produce a coun- terfeit horror, and cause the spectators to hold their breath. If any there were who | expected to see the dummy thrown out of harm’s way by the guard they were disap- pointed. The inanimate bundle of clothes and straw_was caught under the wheels and mangled in a realistic manner. The next part of the programme was better carried out. The employes of the road were on hand with their jacks and crowbars; the car was pried off the body of the dummy and afterward replaced on the rails. But fortunately for the success of the experiment the dummy was only a dummy. When removed from the wheels it's condition was the embodiment of a young surgeon’s nightmare. The decapi- tated head and mangled arms and legs were replaced by the aid of pins and pieces | of tw and the modern Juggernaut went | back for a fresh start. So far the new fender had proved itself a failure. When the next start was made the dummy was held in a standing position by one of the men directly in front of the onrushing car. Just as the car touched the dummy the hand holding it was withdrawn. Down it went almost across the fender. It was rolled along the track for a few feet and again the wheelscaught it and began their work of mangling execution. Arms, legs, and coattails were whirled through space with lightning velocity and there was no necessity to pry off tfw car in order to remove all that was left of the imaginary corpse. The dummy was a complete wreck. None of the succeeding experiments were attended with any better success so far as the effectiveness of the dummy was con- cerned or as to the problematic safety of a man who should be so unfortunate as to fall in front of an onrushing car provided with one of the new fenders. CUT RATES TO ALASKA. Excursion Trips to the Land of the Midnight Sun to Commence in June. Despite the reports to the contrary pas- senger rates on the old line of Sound steamers have not been advanced to the old rates, and the agents of the Pacific Coast Steamship Company claim that they | will not be in the future. When the Farallon was running opposi- tion to the regular line rates were reduced to $15 first class and $750 in the steerage. On the days the Farailon left here the rates were cut to $5 and $2 50. The excursion rates between here and Alaska have also been reduced. The Queen will make the first excursion this year, leaving in June. From San Francisco to Alaskan ports the fare will be §104, as against $130 formerly, and from Sound orts to Alaska the fare has been cut from 100 to $80. Passengers will be enabled to make the round trip to Alaska by three different routes. They can go from here via Vic- toria and back by way of Portland, or vice versa; or to Victoria, thence back to Ta- coma and to San Francisco by rail, or the round trip to Tacoma by rail. The round trip to Alaska occupies a little over three weeks, and a comparison with the fares on the Atlantic side shows largely in favor of the voyage in the Pacific. From New York to England or other countries, or between the various ports of Europe, the rate of travel on the ocean averages about $7 a day, while on this side it aver- ages less than $5 a day. No Conspiracy Here. Local Federal officials, including Collector Wise, Deputy Surveyor Ruddell and Special Treasury Agent Moore, say they believe that the Denver (Colo.) district has made & rather peculiar error in their attempt to prove a money-making conspiracy in the manufacture of certificates which may enable Chinese laborers in this country to visit China and ie- turn as merchants. The difference between landing certificates and registration certifi- cates seems 10 have been the stumbiing-block in the path of the Denver authorities. No such conspiracy as is reported in the Washing- ton (D. C.) dispatches as being cause for legal action in Boise City, Idaho, is known to the Federal authorities in this City. Even in Boise City no indictments were found. | eventually signed the bonds of Mogan, | the Police Court of San Francisco as at THEIR POWER AT ISSUE. Can the Board of Supervisors Remove and Appoint at Pleasure? TEST CASES NOW PENDING. Positions In Police Courts Made the Subjects of Contest. Four In the opening skirmish of the battle which is to decide the scope of the power of the Board of Supervisors to remove and apvooint clerks and prosecuting attorneys | to the Police courts as now constituted the incumbents came out considerably the bet- ter yesterday. Most interest centered in Judge Conlan’s court for which the board had appointed a new clerk and a new Prosecuting Attorney, | A. L. Morgenstern, the son of the Super- | visor of that name, having been appointed to the former office to succeed Ambrose Watson, and E. P. Mogan to the latter to | succeed E. H. Wakeman. | As soon as Judge Conlan had cleared | decks for the impending legal struggle by disposing of the two minor cases on the calendar, A. L. Morgenstern asked to have the office of clerk turned over to him, stat- ing that he” had been duly elected by the Board of Supervisors and had qualified ac- cording to law by filing his bond with the Auditor. Judge Conlan replied: “I shall certainly refuse to comply with your demand. I question the power of the Board of Super- visors to remove Mr. Watson and appoint youin his place. You may be duly quali- fied, and I see no reason at this time to question your gualification to fill the office, nor can Isee a reason for the removal ot Mr. Watson. I will consult my attorneys some time this afternoon, and may render my final decision in the matter to-mor- iy Morgenstern then turned to Watson and asked him if he refused to transfer to him his office and all the public papers and other appurtenances connected with it. Watson promptly and emphatically re- plied: “l certainly shall not do so, for several reasons.” Court was then declared adjourned until to-morrow morning. After court had adjourned E. P. Mogan appeared and presented his certificate of appointment as Prosecuting Attorney of Police Court 2, and the fact of its presenta- tion was, by order of Judge Conlan, placed on_record. Judge Low recognized W. M. Madden as Prosecuting Attorney to succeed J. H. Ro- | berts as soon as he presented his certificate, and instructed him to enter immediately on | the performance of hLis duties. Roberts | rotested and refused to surrender, Judge ow then stated that the Board of Super- visors had executive power in the matter. They had appointed Madden and he would recognize him. He told Roberts, however, that he need not waive any of his rights in the case, and on this undérstanding Mad- den was installed, Roberts courteously in- structing him in the details of his office. Roberts will await developments before tak- ing any further action. t\'hcn the question came up in Judge Campbell’s court Charles H. Forbes, who was elected to succeed Prosecuting Attor- ney John C. Enos, presented his creden- tials. Enos claimed that the court had no junsdiction. He was in the position, had been regularly appointed and proposed to keep his office. Forbes attempted to present points of law to establish " his right to the position, but Enos objected on the ground that the court had no jurisdiction and his objection was sustained. Judge Campbell denied the right of the | Supervisors to remove Mr. Enos. He added that he was in consultation with his | attorneys in reference to the affair, and | would not make any decision until he had received their advice. He promised a rul- | ing on Saturday next. However, the issues are decided by the Police Judges, they will undoubtediy be carried into the Superior Court, and likely then to the Supreme Court. When the Mayor was asked to sign the bonds of the new appointees, he demurred, as he did not wish to sanction the action of the Board of Supervisors. The matter was therefore argued before him, and he Madden and Forbes. He had asked the new appointees to give him twenty-four hours in which to consider the matter, and all consented except Morgenstern, who in- duced the Board of Supervisors, on. April | 29, to pass a resolution approving his.bond | without the signature of the Mayor, and in this shape it has been filed with the Auditor. Whether it is valid is one of the | uestions that will come up for decision ater. Considerable light is thrown on what are | to be the legal points on which the matter will be argued when taken into the Bupe- rior Court in the written briefs filed with Mayor Sutro in the matter of signing the bonds. That of Charles H. Forbes claims that present organized derives its powers from an act of the Legislature, approved Febru- ary 23, 1893, wherein it is provided, ‘“‘there shall be appointed for each of the depart- ments of this court, in the manner now provided by law, an attorney,” etc. This act, it is claimed, is amendatory of the act approved March 5, 1889, containing the same provision, worded in the same man- ner. 1In order to show what is meant b “in the manner now provided by law” ref- erence is made to the act of March 7, 1881, which provided that the Board of Super- visors shall elect a prosecuting attorney for the newly constituted Police Court at the same salary per annum then being paid to the existing tribunal of the same character. Reference is also made to the act of April 23, 1858, yiving the Board of Supervisors gpwqr to appoint an assistant grosecming istrict attorney, who shall hold office dur- ing the pleasure of the board. It isalso rovided 1n this act that the assistant shall e prosecuting attorney for the Police Court. On the other side it is contended thatthe a})pmnlees as prosecuting attorneys and clerks must hold for at least a year from the date of their appointment, as the Civil Code provides that a servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages, and that a hiring at a yearly salary is presumed to be an engagement fora year. This is cited in connection with the Consolidation act of March 7, 1881, which provides that the Board of Supervisors shall elect a prosecuting attorney for Police Court 2 “'at the same salary per annumn as is now paid to the prosecuting attorney of the Police Judge's court.” DEATHS FOR APRIL. A Great Number of Suicides, Murders and Accidents. The mortuary report as prepared yester- day by Secretary Lawlor of the Board of Health for the month of April gives the total number of deaths as 469 and 77 less than for the sanie month last year. Of the number 53 were under one year of age and 8 were over 90. There were 16 accidental deaths, 17 sui- cides and 6 homicides. The distribution by wards was as follows: First Ward 8, Second 14, Third 1, Fourth 33, Fifth 2, Sixth 11, Seventh 4, Kighth 18, Ninth 5, Tenth 41, Eleventh 111, Twelfth 74. - .—— An Emergency Call. The ambulance had its first emergency call yesterday afternoon. Thomas Sterrett, an em- ploye at the Union Iron Works, was feeding a combination slotin & planing machine when \ | lower court in the case of Edward Coleman | graceful judicial outrage upon this com- the lever was accidentally reversedand struck him on the forehead, knocking him' down. It got entangled in his clothing and he was thrown twice up and down before being re- leased. Dr. Berry accompanied the ambulance and found that Sterrett's injuries consisted in a contused thigh and & lacerated wonnd on the forehead, besides being badly shaken up. He was taken to the Receiving Hospital. THE LATE W. W. STOW, Resolutions Eulogizing the Deceased Passed by the Park Commis- sioners. The Park Commissioners at their last meeting passed a resolution on the death of President W. W. Stow and ordered that a copy be suitably engrossed and for- warded to the widow and family, The engrossed copy was sent to the Com- missioners yesterday for their signatures, and as soon as this is done it will be for- warded to the widow. The resolation reads as follows: WHEREAS, At this present meeting the Park Commission becomes officially cognizant of the death of its president, W. W.'Stow, whose long and valuable public services merit the highest recognition; therefore be it Resolved, That in recording the inscrutable decree of divine providence the board feels that to his able, just and unwearying adminis- tration of the affairs of the park during tne years of his commissionership are due in great measure the many permanent improvements executed during the past six years, and espe- cially the lake hearing his name will remain the best monument to his memory. His wisdom as a counselor, his amiability as a gentleman and his worth asa citizen will enshrine his name in the memories of all who enjoyed the privilege of his sterling friendship. He was averse to notoriety, but had an in- tense though modest appreciation of those who placed a proper estimate on public services Lnnomm_v rendered. Kind, gentle ana courteous inhis intercourse with all, he was a true, high-minded man, a enial, earnest lover of justice, whose sense of uty was his guide and limit of his action. This board tender: sincere and respectful sympathy to the relatives of its late president in their {rreparable loss, and orders that these resolutions be spread upon the minutes ol this board, and that a copy thereof snitably en- grossed be forwarded to the bereaved widow and family. JUDGE BAHRS ATTACKED. His Motives Questioned by the Practical Progress Union. Clvic Federatlon Resolution on In- dictment of Supervisors Indorsed. The Union for Practical Progress adopted, as a subjéet for considération, the political abuses in San Francisco’s City government, at the meeting of last Tuesday evening. Mrs. Rose M. French reported thatthe Law and Order League had failed in its attempt to secure the punishment of Ed- ward Coleman, who was convicted in the Police Court of conducting a side-entrance saloon, and whose case had been appealed to the Superior Court. Coleman’s case had been assigned to Judge George D. Bahrs’ court, and though the transfer of the case to some other department had been earn- estly urged it had been retained by Judge Bahrs and taken under advisement. On Monday last Judge Bahrs, Mrs. French said, had reversed the judgmentof con- viction found in the lower court, and had ordered the discharge of the defendant. This decision practically settles about forty other cases in which the law points are the same, Coleman’s case was a test case. The following resolutions were pre- sented by Mrs. French and unanimously adopted : WHEREAS, The Union for Practical Progress learns with great indignation that Judge George D. Bahrs, who formerly acted as attor- ney for the Liquor-deslers’ Association, and, as such, appeared before the Board ’of Supervisors to protest against the passage of the sidedoor ordinance and _dive ordinance, has reversed the decision of the and ordered the discharge of the defendant, without giving any reason for so doing; and Whereas, ‘we deem-the course pursued by this Judge in this matter to be still another dis- LOYAL LEGION POLITICS, Two Rival Hotel Men in the Contest for Com- mander. THE PALACE'S NEUTRAL ZONE. Colonel Warfield and Major Hooper Make Things Lively In the Post. All day yesterday Companions of the Loyal Legion talked of the contest be- tween Colonel R. H. Warfield and Major W. B. Hooper. The manager of the mass- ive inn on Bush street has stanch follow- ers, but they are not more numerous than the warriors who rally around the standard of the genial landlord of the Montgomery- street tavern. s ; In many respects the contest is unique. Nothing like it has ever occurred in the Pennsylvania, New York and Massachu- setts commanderies—the source from which the California Commandery draws some of its ethics and many of its members. The lines of the battle are extending, and the announcement of opposition to Colonel William R. Smedberg for recorder may come at any time. The friends of Colonel Warfield do not hesitate to aver that the Smedberg influence caused Major Hooper to enter the race. Colonel Warfield expressed unbounded confidence in his election. *To be com- mander of the Loyal Legion is an honor,” said he, ““but it is an honor that I have never sought. I received the regular nom- ination in the regular way from the past commanders, who constitutes the nominat- ing committee. “The committee was composed of Gen- eral Dimond. General Backus, Colonel Kinne, Colonel Hawes, Major Gould and Colonel Goodman. These six past com- manders considered, so I have since heard, the merits of three men, and I was chosen unanimously. Colonei Smedberg was there in his capacity as recorder and had more to say than any one else. Iam go- ing to be elected. This secession move- ment in the Loyal Legion will not win when the army and navy officers get to- gether and learn that the regular order was observed in my nomination. “There is no hotel business in this for me. ““I value the honor of the position too highly to allow ;the question of patronage to inffueuce me. I am not that kind of a man, and during my term of office the meetings and banquets will not be held in my hotel. They may go to the Occidental for all I care, provided the things wanted are served and the service is good. I am not making a fight for this position. I “would not send out my son with a paper to get signatures for my support. “Tt is not the first time my name has been mentioned for commander. In previous meetings of nominating committees 1 have been mentioned; and 1 have already served as junior vice-commander.” Colonel Warfield is in the fight earnestly, and he is the kind of a man to impart en- thusiasm to his followers. In his conver- sation yesterday, referring to his record as a companion, he said that it was his custom to come down from Healdsburg to attend regularly the meetings when the assessment was $10 a plate at the Maison Dore. These assessments he always paid, together with his hotel bills and railroad fare toattend theevents. HisGrand Army record was distinguished by equal devo- tion to that order. For twenty-five years he had attended national encampments, He was a charter member of Post No. 1 of New York, the second post organized in the United States. At Washington he was unanimously elected senior vice-com- mander-in-chief when one of his comrades from California was on a chair shouting, “Pull him down; we don’t want him.” In the Hooper camp the question is asked: “What has Warfield’s Grand Army record to do with his candidacy for commander of the Loyal Legion? " Let him show what he has done for the % munity, aud sincerely regret that a law of im- perative mandate is not in force which would enable us to demand his resignation effec- tively; therefore, be it xlnlnimouslf' Resolved, That we hereby publicly condemn the aforesaid Judge George D.Bahrs, who're- fused to permit this side-entrance case to be tried by another Superior Judge, as had been requested by the prosecution. The contest now being waged by the Civic Federation against the disregard of the law providing for fenders by the street- car companies and the action of the Board of Supervisors in passing the Church-street franchise was discussed. A resolution, resented by John M. Reynolds and F. W. Potter, was unanimcusly adopted indors- ing the action of the Civic Federation in demanding the indictment by the Grand Jury of all officials high in ‘authority in streetcar companies who do not compl with the fender ordinance; and also eac! one of the “solid eight” combination for passing the Church-street franchise with- out complyiniwith the legal requirements governing such matters. Professor George D. Herron’s course of lectures and sermons, delivered before he left San Francisco for Los Angeles, were commented upon in favorable terms by nearly every one present, and a motion that if Professor Herron could be induced 1o return to this City Metropolitan Temple be secured for him to speak in was carried. Judge Bahrs was seen at his home last evening and, when shown a copy of the resolutions adopted by the Union for Prac- tical Progress condemning him for his de- cision in the Coleman case, he said: 1 have not ordered Coleman discharged, but did order that he be tried again,and my re- versal of the decision of the lower court was based solely upon the fact that the judgment rovided that the defendant be imprisoned orty days in the County Jail or pay u fine of ?40, The legal construction of this language s that the defendant must do one thing or the other, without the privilege of serving part of the time and paying part of the fine. This privilege is assured to every one convicted of a crime by the laws of the Btate, except where the punishment is exclusively one or the other, and therefore the judgment was void. The Coleman case was in my department when I went on the bench, and, though the special counsel for the prosecution, Mr. Hill- yer, hinted that I might have some delicacy in declding the appeal, | did not consider my mind prejudiced by my former professional re- lations with the liquor-dealers, and did not transier the case to another department. Coleman’s case comes up in my court Satur- day next to be set. Although the ordinance is, fn my_ opinion, clearly unconstitutional, i purposely avoided deciding that point, so that the counsel for the defendant could get a de- cision on the point from the Supreme Court, if he cares to try habeas corpus proccedings. ' If I should decide the constitutionality of the law that would scttle the case for good,and the prosecution would have no lppel?. TWO MEN INJURED The Market-street Railroad Sued for Twenty Thousand Dollars. On the 7th of April Paul Kelly, who keeps a grocery on Fifth street, was riding down Mission home with one Cornelius Callaban in his_cart. They got into the track of the Mission electric line and couldn’t get out quick enough to suit the motorman who was handling the trolley. As they were turning out on Fifth street the motorman sent the car ahead with a rush and an accident resulted. Kelly got a broken leg and Callahan a broken arm and each a number of other bruises. The cart was smashed. The injured men have retained Burnett G. Haskell and yesterday he filed suits against the company in their behalf, elly asks for $20, damages and Calla- han for $10,000. They aver that the acci- dent was the result of the willfulness and maliciousness of the comrany and ask that the damages may be trebled. The climatic limit to the cultivation of wheat is not so much the cold of winter as the heat of summer. legion to entitle hin to aspire to the office of commander.” In the Warfield camp it is asked “What has Hooper done for either organization? Why did he rot wait until the ladies prayed with him before he joined any Grand Army post?” Major Hooper was seen at the Occi- dental. He was calm, but de?ly earnest. “You can say,” he remarked, after an impressive pause, ‘that Major W. B. Hooper will withdraw from this contest to-morrow if Colonel Warfield will with- draw. Thena candidate, for example, an officer of the regular army, who is in no way connected with the hotel business, may be placed in the field. “T am not the kind of a man that seeks an ofice. My duties as manager of this house and church deacon kegp my time constantly occupied. The honor of the nomination was not sought by me. When Colonel Shafter, senior vice-commander, who should have been nominated, was de- feated, and Colonel Warfield chosen, my friends in the army and navy started this movement to indorse me. “I am now in the fight to win, but if I should be defeated I will gracefully salute the victor, and be the first to congratulate Colonel Warfield. ill, T do not believe that politics or political rewards should ever enter the Loyal Legion.” Colonel George H. Mendell, Corps of Engineers, U. 8. A., is a companion of the legion, and one of those who signed the request for Major Hooper to become a candidate. The colonel said he was not taking an active partin the contest. He was personally acquainted with Major Hooper, and would vote for him, as he not know the other candidate. The rumor of an opposing candidate for recorder did not alarm Smedberg, He re- marked: ‘I know the men manipulating the wires. Let them run an opposition candidate and elect him. There is only $600 a year salary in _it, anyway, and haif of that goes for incidental expenses. The duties of the office take more time than I can well spare; so I have no objection to the movement.” It being well known that annual meet- ings and social events of the order are usually held at either the Occidental or the California Hotel, Colonel Kinne was asked why the meeting had been called at the Palace Hotel. “Well, I aspointed a committee,” said the commander,’ ‘‘to ar- range this matter, and I presume the com- mittee, to avoid embarrassment, selected the Palace.” The commander does not do:xlht his ability to preserve peace at the olls. b No matter how warm the contest may wax, the Palace Hotel will be strictly neu- tral ground. The banquet, as well as the annual meeting, will take place on the neutral zone. WILL REORGANIZE. The Traffic Association Determines to Continue Its Work Without Delay. The executive committee of the Traffic Association met yesterday and discussed the new situation. Forthe present there was nothing in view for the association to take up. Besides, there was not a full rep- resentation of the committee, some of whom were with the Half-million Club, and four vacancies require to be filled. So after deliberation on the temporary condition of affairs the committee decided to adjourn until all the members can at- tend a meeting. According to the programme accepted esterday vacancies on the committee will {e filled by representative men of the busi- ness community. When thatis done the committee intends to review the ground con_lprghensively, and if any case of com- laint is founa it will then become the ob- ject of the association’s attentions. All the preliminary work laid out will be a re- organization of the Traffic Association. DEAD IN HER BED. Mrs. Mary J. Seabury’s Death a Mys- terious Case of Carbolic Acid Poisoning. The death of Mrs. Mary J. Seabury in her bed at 917 Larkin street, discovered yesterday morning, is puzzling the Cor- oner’s department. Her husband, S. F. Seabury, a scenic artist, reported the mat- ter, and when a deputy went to the house he could find nothing which might indi- cate that she had committed suicide. Mr. Seabury stated that for some time his wife had been ailing and was ac- customed to take stimulants, particularly laudanum. An autopsy held y Dr. Bar- rett last night revealed the cause of her death to be carbolic acid. Dr. J. Henry Barbet, who has attended the woman on several occasions, said last night that she was generally of a pleasant though not cheerful manner. He thought, however, that she was despondent at times. No inquest will be held unless positive evidences of suicide are found. Later a piece of smper was found upon which Mrs. Seabury had written the fol- lowing request, which is accepted as proof that her death was deliberately contem- plated by herself: Be sure that I am dead before burying me, as I do not want to be buried alive. Forest Sezbur{ is a well-known scenic artist whose work has put him in great de- mand in the theatrical world. Among his friends he was not supposed to be married. It is believed that jealousy was the reason for the unfortunate woman’s self-destruc- tion. Mrs. Seabury was a young woman and a native of Massachusett: o REY 10 TEST I, Engineers Mendell and Ben- yaurd Are Awaiting Instructions. Untll They Come No Examination of the Postoffice Site Can Be Made. Colonel George H. Mendell and Colonel | William H. Benyaurd, the United States engineers selected by Secretary of War Dan Lamont to make a thorough examina- tion of the Postoffice site, have just re- ceived formal notification from the War Department of their appointment. They are now awaiting instructions from Sec- retary of the Treasury Carlisle, and cannot proceed with any examination until those instructions arrive. Consequently they are not, as stated, ready to report on the site, and can be said to have done really nothing at all as yet. The impression that there is an ap- propriation ef §2,500,000 cash waiting in the United States treasury for a favorable report to be made on the availability of the site as a secure foundation for a Govern- ment building is a mistake. A quarter of a million dollars is the basis of the esti- mate of cost upon which the acting super- vising architect will make his figures, but there is no more than $235,000 actually set apart for the building so far; that is the $50,000, which was all the appropriation that could be obtained by Congressmen Maguire and Loud from the last Congress owing to a badly depleted National treasury, and the $185,000 net surplus left out of the $1,250.000 estimated as the maximum purchase price for the ground site. It begins to look as if the commence- ment of work on the Federal building might go overto next year. Engineers Mendell and Benyaurd think that there is a great deal of responsibility attached to their task and that to satify the Treasury Department it will be necessary to make a more thorough examination than even Special Agent Gibson made, and Mr. Gib- son in his report stated that he found much vegetable matter in the soil, indica- tive of the unreliable nature of the site as a foundation. They do not wish to have the Chicago imposition repeated in San Francisco. A $5,000,000 building was erected in Chicago upon a very unsafe site. Suverfi- cially the Seventh and Mission streets site may seem_all right and Colonel Mendell has himself thought so in the past, but the two engineers say they will make a thor- ough investigation as_army engineers and when they report it will be to the Treasury Department as a matter of course. 1f they report the least objection in the soil or even recommend the laying of a composite foundation of concrete and wooden_ties—a solid network upon piles driven into the soil—the matter will have to wait until the next Congress meets, which will be in December. WILL TOUR IN EUROPE. Dr. Jacob Voorsanger to Represent Cal- ifornia at the International Geo- graphical Conference. Rabbi Jacob Voorsanger of the Congre- gation Emanu-El will leave for Europe on the 29th inst. The learned doctor will spend several months touring on the Con- tinent in search of recreation, returning in time for the Hebrew high festivals in September next. r. Voorsanger will proceed to London as a delegate from the Geographical Society of California to the Royal Geographical Society of England. The appointment of the rabbi as a selegnte was made by letter received from Dr. d’Evelyn, president of the Geographical Society of California. The Royal Geographical Society will hold an_International Geographical Conference in London on July 25, at which the leading societies of the world will be represented. 1t is said that dew will not form on some colors. While a yellow board will be cov- ered with dew, ared or black one beside it will be per{ect]y dry. YOU'LL MISS THE MARK Unless the cigar you buy has that tag on; supposing your mark is the best possible smoke at 10 cts. A fine NATURAL flavor Havana — the ONLY one, at the price. All dealers have them. - NEW TO-DAY. T0-DAY and T0-NIGHT FROM 6 fo 10 0'CLOCK Our stores will be oben in order to give the wageworker an opportunity to see the statue of Ada Rehan, cast in $282,000 worth of gold and silver. It isone of the sights of a lifetime and no person should miss the opportunity of seeing it—in our down- stairs salesroom, free of charge. A ticket given to every person attending will entitle them to participate in the drawing of 20 miniatures of the statue. THE BARBE, BENEDICT & GOLDMAN SALE OF CAPES, SUITS, SKIRTS AND WAISTS, AT 50c ON THE $1.00 OF COST, THE BIGGEST THING TO-DAY I TOWN. $26.00, $12,60, $6.00, $3,60, $2.50. Barbe, Benedict & Goldman’s Novelty Capes, that were §50, $25, $1250, $7 50 and $5, will be sold at just half price. SUITS— $9, $7.60, $9.60, $10, $12.60, $16, $18. Barbe, Benedict & Goldman’s Tailor- made Suits, that sold at $9, $12 50, $15, $20, $25, $35 and $40, are offered to you at less than 50c on the $1. &= Our Tllustrated Catalogue mailed free on application. DON'T BE DISCOURAGED! Cultivate your You will look 100 . beauty. face. READ THESE TESTIMONIALS SAN FRANCISCO, Jan. 29, 1895. This is to certify that I have subjected the Antoinette Depilatory to a thorough chemical analysis and I find it to be superior to all other preparations for the removal of superfluous hair. It is without the least irritating action upon the most delicate skin. W. T. WENZELL, ' Analytical Chemist. This is to certify that I know Professor W. T. Wenzell and know him to be correct in every de- tail M. H. LOGAN, Ph.G., M.D. This Depilatory is WARRANTED notto stimulate the growth of the hair. Price 81 50. TRIAL SAMPLES of three of my complexion specialties for 50 cents. Enough to last 2 or 3 weeks. Just what you require. MME. MARGHAND, Hair and Complexion Specialist, 121 POST STREET, ROOMS 32-36, Taber’s Entrance. Telephone 1349. MEN Any Man Who Suffers . Or is just beginning to suffer from the TRIAL : weakening effects of emissions oF BOTTLE : over-indulgence can be permanently REE. : cured by taking VITAL RESTORA- TIVE. Call or write for SAMPLE BOTTLE. The worst cases cured. Address DR. COOPER, 623 Kearny st., San Francisco. All Private Diseases Cured. ) ‘When ordering please mention “Call.” STHE VERY BESTONETO EXAMINE YOUR and fit_them to Spectacies or Eyeglasses ‘instruments of his own invention, whoss wit has not been equaled. My success has e e Oflice Hours—12 to & ». a0