The San Francisco Call. Newspaper, May 3, 1895, Page 7

THE SAN FRANCISCO CALL, FRIDAY, MAY 3, 1895. T .- coneen MAY 3, 1885 CITY NEWS IN BRIEF. The Alameda sailed for Australia yesterday. weather may be reasonably expected to- Begley robbed and beaten by footpads Oakland. T se of China Basin comes up this morn- ing for final action. one additional juror was secured in the rthington trial, making five in all. The Board of Harbor Commissioners refused t A. Page Brown's bill for April. The Y. M. C. A. hold their field day on the sity grounds, at Berkeley, to-day. e estate of Charles Meyer, late proprietor ¢ Wigwam, was finally settled yesterday. T man_Sibley, the champion of the free coinage of silver, arrives and gives his ss and Greenwald will probably be wit- os for the Government in the counterfeit- z cases. The Supreme Court sustains the lower court w of the rights of riparian owners on the Elk River. he weather to-day will, according to Weather Prophet Hammon, be fair, with fresh westerly winds. The winning horses at the racetrack yester- day were Sloe, Ricardo, Norblieh, Realization, A musical and dramatic entertainment will reet, to-night. terday held Theodore Dur- 1 for trial on the charge of aurdered Miss Minnie Williams. Church has two side is visible from the e of them was always left unlocked. Dora Shocken, who transacts Sheel's erday explained the conductor’s t his musicians would yet be “stall : Bank yesterday began suits in urt to recover upon thirty-two the net amount of which is nearly inks will be given by the San Fran- r rooins, 43134 Sixth roon, to begin at 1 A. D. Willis, & me! of the New Zealand ays th 1 ¥ George's single- e in New cet Committee, at its meeting yester- port in favor of laying basalt- upon a concrete foundation ing of the Government s d estate is due to the attorney to file his ctors filed a notice with the Super- day of their tion to continue supplies for & week or more or until osterday cited James D. Page to for £4000 entrusted to him City Attorney, s guardian of William Herzinger swallows some glass with some hed potatoes ata cheap restaurant and has a narrow escape irom death. He is not yetout of danger. The board of arbitration appointed toinquire into the collision of the schooners Beulah and Laure May on March 16 has decided that the Beul as to blame. dolph Jahn, a decorator, is wanted by the a charge of embezzlement as & bailee, the complaining witness being A. F. Case, a newspaper canvasser of Sacramento. In_his second report to Governor Budd on the ferr: ations P.J. Donahoe says that the ce the rock and sand are not what the specifications demand. The preliminary examination of Theodore nt, charged with the murder of Blanche was begun yesterday before Police Conlan. It will be concluded to-day. minary survess of the Valley rail- ed forward as far beyond 8 anislans River. Work on the surveys will be commenced at once. lease of China Basin which Mayor Sutro t iley road people will be yrably reported upon at the meeting of rd of Harbor Commissioners this morn- pre nt discovery of nearly $3000 of the tate among & lot of Redst testator's cellar on Turk street has led to a rieid search there for some $12,000 still miss- ing. Louis von der Mehden played at the Art Institute 1 ight. A new reciter performed at the Mercantile Library and an operetta was iven by Golden Gate Chapter in Golden Gate Tall. The Good Government Club and Civie Feder- ation adopted resolutions strongly denuncia- tory of Dr. Marc Levingston and intended to gr' ent his obtaining the position of Health 1 The Loomis-Somers trial, which proceeded in Judge Daingerfield’s court, afforded several sensations in the intervals of objections by counsel for the defense. Fisher Ames was on the stand all day John P. Glynn, saloon-keeper on Fourth et, was yesterday convicted by 8 juryin ge Joachimsen’s court of selling poois out- the racetrack, and was ordered to appear itence to-day. The rose show in the Palace Hotel opened erday. Many new varieties of rafe and plants are on exhibition. Thestock will replenished every day until the show ends -IOTIOW ey Y Court Ge the latter imprisoned the boy, as an which he grew sick. The Union for Practical Progress has in- dorsed the C Federation's movement egainst official corruption and will endeavor 0 induce Professor George D. Herron to return and Jecture in Metropolitan Temple. An slarm was rung in last evening at 10 o'clock from firebox 416. It was caused by a blaze in a vacant stable on First avenue, near Golden Gate avenue, owned by John McBeth. The damage amounted to about $300. In holding Theodore Durrent to answer to the charge of murdering Minnie Williams in the Emmenuel Baptist Church, Police Judge Conlan denounced the murder as worse than eny which “Jack the Ripper” had committed. Gus Mooney, 328 Fell street, was held up by two footpads, A. Wheatly and Stephen Smith, on O'Farrell and Mason streets at an early hour yesterday morning and one fired a shot ing. . Thompson entered suit in the Justices’ esterday on behalf of his minor child, against Abele l’n.u]\\ccl‘ulleginx that effect of &t him. Both men were shortly afterward arrested. There will be given a )Performnnce of «Romeg and Juliet Up to Date’” at the Baldwin tu-m,':h?. in aid of the Children’s Hospital, It will be rendered by the company of amateurs who made so great & hit last week in this play in Oakland. The San Francisco and North Pacific Rail- roed has sannounced its schedule of rates for the rose carnival at Santa Rosa. The fare for the round trip, good to return on May 11, will be $2,and a special rateof $1 for the round trip will be made to go and come on May 9. Michael O'Donnell brought sult in the Jus- tices’ Court yesterday to recover $275 from Abraham Newman. O'Donnell is & hodcarrier 2ud be alleges that Newman loosened the earth at the foot of aladder he was climbing &nd he fell eight stories, spraining his ankle. The case of Fred Warner, the racetrack em- loye, accused of attempting to ““dope”” the filly edetie, came up before Judge Low last evening. After hearing the testimony of a colored boy named Cubs and that of Thomas H. Williams Jr. court adjourned until Monday night. A. C. Cunningham, an_engraver, tells a Te- markable story of & wife's queer action. She %00k to him & boy baby which she said was his, and when the child died & girl baby was pro- duced which she gafd was his rightful heir. It is probeble that the whole matter will be ven- tilated when the divorce proceedings are heard. Judge Sanderson yesterday decided that & wife cannot bank her husband’s money for her own exciusive use. The case was an action brought by Dennis Crimmins against his wife and the Hibernia bank to recover money in- trusted to her care and by her deposited in the bank. The court rendered & judgment for plaintiff for 565 55, or half the amount deposited. As aresult of the tug-of-war contest which was held between rival teams at the picnic of the Morrow Club last Sunday, it was decided by the members of the club that the prize, con- sisting of a silver punch-bowl, should be given to Henry Martin, the grand treasurer of the Native Sons of the Golden West, who was to have acted as anchorman for the club in the ontest. The contest was a draw, and thatis the reason why Mr. Martin was made the re- 2ipient ef the Igrlze. The presentation speech was made by Henry Frund. Andrew’s Society at Scottish | unk in the | SCOTS WILL CELEBRATE St. Andrew’s Society Enter- tainment and Ball This Evening. HISTORY OF THE SOCIETY. Organized In the Early Sixties, It Has Grown to Fine Pro- portions. celebrate the anniversary of St. Andrew’s Society with fitting ceremonies this even- ing. Delegates are coming from Oakland, | San Jose and other neighboring cities and towns. This evening there will be an entertain- ment and ball at Scottish Hall, at 105 Lar- kin street. The programme will be as fol- lows: Overture, “Auld Scottish Gems”.Gregg's orchestra emarks, “Dinna Forget the Pienic””. 5 ‘Willlam Nicol sevecsessansers - PTORIGONDE “Dumbarton’s Bonnie Dells”. P ..Miss Chincie A. Sposito Alfred A. Borlini Scotch Sangs” Ve ir o ies irs. L. S. Anderson Song, “Annie on the Banks o’ Dee”....J. A. Owens Duet, from Mozart's opera, *“Don Juan" 5 ...Miss Edythe E. Hendersonand A. A. Borlini Ventriloquist PN A BT Song, “The Golden Corn” (America's golden x ..C. J. Donohoe , Professor Song, “Comin’ Thro’ the Rye T ythe E. Henderson | Song, “Afton Water” orge St. J. Bremner One-act farce, “My Wife's Out” Accompanists—Professors Troyer ana Ziliani and Mrs. Anderson. The St. The Scotchmen of San Franecisco will | or $1 for the round trip. On that day a special train will leave tge City at 7:40A. M., and will stop at all intermediate points etween here and Santa Rosa. Returning it will leave Santa Rosa at P. M. ZEe NG e THE HESPER TRAGEDY. Sparf’s Attorneys Saved Him From an Ignominious Death. Herman Sparf, under sentence of death, went clear yesterday and the chances are that Hans Hansen and Thomas St. Clair, the men convicted on joint trlal with him of the murder of Mate M. Fitzgerald of the bark Hesper, will either get a commu- tation of their sentence or a new trial. Sparf’s case was tried with great patience, and hisattorneys, C. W. M. 8mith and J. J. Kierce, made a mostable defense. In fact, although the cnarge of the Judge was de- cidedly in favor of the prisoner, still the verdict of “Not guilty” was a surprise to those who had followed the case. Smith made a masterly closing speech on behalf of the prisoner and all that United States District Attorney Foote could say on his side of the case could not shake the opin- 10n of the jurors. Messrs. Kierce and Smith have defended the prisoners without fee and the expenses Andrew’s Society was organized JOHN H BOLE OFFICERS, PAST AND PRESENT, OF ST. ANDREW’S BENEVOLENT SOCIETY. [Drawn from photographs.] BONDS MAY BE ISSUED, The Legal Status of the City’s Present Debt-Incurring Powers. GENERAL LAWS THAT CONTROL. San Franclsco Under the Same Statute as Other Towns In the State. The question of the issnance of bonds | by the municipality of San Francisco to pay for public improvements is, by the de- velopment of public spirit and public sen- | timent, rapidly becoming a direct and im- portant issue. It promises to be an actual issue in the near future. The feeling of life and the spirit of enterprise that have just been awakened are developing a desire and a willingness on the part of all progressive citizens to make the City what its natural advantages and certain future give it an opportunity to be—one of‘the most at- tractive, famous and prosperous cities of the United States. To be a better and greater City than it is, and to be a'magnet that will attract population, commerce and industry, it must improve its appearance and the conveniences, comforts and de - lights it affords to the people within it. mdpormnc public improvements are de- manded by these considerations as well as by the best principles of municipal econ- omy, and the improvements needed can never be obtained by using the ordinarv annual income from taxation. in 1863, and was incorporated two years later. It has grown to be a flourishing or- ganization, having on its roll to-day all rominent Scotchmen of the city. John ain, Thomas Ross, Edward Groves, John ‘Wilson, Robert Curry and Samuel Aitken were the organizers. A Scotch writer, in speaking of the organization in those old alifornia days, says: There was no imminent distress of a general character beseeching our National sympathies. Money was plentiful, employment abundant, the community generous and open-handed, | bestowing its charities indiscriminately upon citizen or alien. In fact, '63 was one of the tip-toe years in California_experience—one of “great expectations”: &’ bodies had eggs Latch- ing. Our mountains were bringing forth with | easy deliverances: the days of travail and mis- carriage were happily in the future. The San Francisco papers sveraged from one hundred | and upward of distinct advertisements of | gold ana_silyer joint-stock mining com- | panies. Specimens passed from hand to hand as common as “chucky-stanes.” The very lassies devoured the stock lists. | Many a Dominie Sampson ayont the Tweed who had given up in despair the tough job of getting the rule of three, or fractions, into the noddies of some youthfu’ Jocks and | Jennies,would have exclaimed,* ‘Pro-di-gi-ous!” had they heard bow glibly their tongues rat- tled over the price of stocks, dividends and as- sessments during the joint-stock fever. It was under such bright auspices of social prosperity that the St. Andrew’s Boclety was Knnlu or- | ganized on the 21st of September, 1863, At a | preliminary meeting eighty-four names were enrolled, Tepresenting twenty-two shires, ex- | tending from John o’ Groat's house to the Sol- way. Large additions were made at subse- quent meetings. The clannish spirit that never escapes the observation of our friends was evidently aroused. A good deal of amuse- ment was afforded by the surprise of parties | who bad known Zeach other for years glscov- | ering for the first time that they were coun- trymen. Thus this little band of Scotchmen, or- anized to mitigate the evilsand vicissi- udes incident to life, has grown to im- mense proportions. PAGE CALLED TO ACCOUNT The Grand Jury Has Been In- quiring Into His Guar- dianship. A Ward Who Is Calling for $4000 Intrusted to Him — May Be Indicted. James D. Page, ex-District Attorney, is at last to be called upon for an accounting of his guardianship of the estate of Louis Lichnecker, now confined in the asylum for the insane at Agnews. Page was made guardian of the estate at the time he was District Attorney, in 1890, the estate consisting of $4000 cash in bank. The money very shortly after disappeared and Lichnecker, the ward, has been in the indigent wards of the asylum ever since, although bitterly complaining all the time that he should be cared for as a vay- ing patient and that he had been robbed. The matter was brought to the attention of the Probate Court some time ago, but it was smothered with the announcement that Page’s bondsmen would settle “at the proper time.”” Page himself declared he would also produce the money if given a little time. But “the proper time” has tarried too long. The Grand Jury took the matter up and summoned Page before them. It is said that he confessed that he bad appropriated the money, but again Eleaded for more time, which was granted ecause it was thought better to get the money for the unfortunate man at Ag- news than to send Page to jail. 8till he did nothing. When summoned again before the jury Page took another tone declaring that body had no right to question him. The matter was then laid before Judge Slack, who yesterday cited him to appear and show cause why he should not be re- moved from the guardianship. Ifhe can- not make good tfie amount due his ward he will be indicted for embezzlement. Page is said to have been living high of late and said to be without funds. ROSE OARNIVAL RATES, The Donahue Road Arranges Its Sched- ule for the Santa Rosa Festival. Preparations are being made on the San Francisco and North Pacific Railroad to accommodate a big rush of passengers to | the rose carnival at Santa Rosa on May 8,9 and 10. The fare for the round trip to go on the 8th, 9th or 10th and return on or before the 11th has been put at the rate of oneand a third, or §2 for the round trip. On the 9th, however, tickets good to go and retarn on that day only will be sold for 4 single rate, of the various trials have been paid out of their own pockets. Now that Sparf has been acquitted they expect a nolly prose qui in the case of Hansen and a commu tation in that of St. Clair. THE STREET COMMITTEE A Movement to Secure Better Basalt-Rock Pave- ments. Must Be Lald on Concrete—The S. F. and S. J. V. R. R. Franchise Not Acted On. The Street Committeq of the Board of Supervisors did a vast quantity of small routine business in its all day session yes- terday, but only one or two matters of general importance were acted upon. All the members of the committee were present, with Chairman Spreckels pre- siding. The committee gave much time to the discussion of the betterment of street paving in general and that of basalt block pavement in particular. The committee was unanimous in favor of laying better foundations, and a report will be made to the next meeting of the board about it in these words: “We are in favor of requiring hereafter that basalt blocks shall be laid on a con- crete foundation. It is about time that some improvement be made in the char- acter of this pavement. Such change will not make the pavement any more expen- | sive than bituminous rock and the founda- | tion is preferable because it will make it | more durable and acceptable to our citizens, | and it will then be free from depressions, | its contour will be more regular and it will be more substantial.” Superintendent Ashworth was instructed to prepare specifications for an improved pavement on these lines; also for fillin the interstices of basalt pavement wltg asphaltum, as it was thought that this would bind the blocks together as well as present a better surface to the horses’ shoes and lessen the noise. This was a suggestion made by Supervisor Hughes and favorably received. Superintendent Ashworth stated his in- tention to experiment on wornout bit- uminous rock:pavements by laying a new coat of the oily rock over the old surface, merely scoring the face of the old to give the new an anchorage or purchase. He will try his experiment on Golden Gate avenue. The opirion was expressed that con- tractors were dealt with too leniently in the matter of keeping streets in_ repair during the time specified in their con- tracts. The matter of the vpetition of the San Joaquin Valley Railroad for a franchise over certain streets communicating with China Basin was laid over until next week, as the City and County Attorney had not ! filed his opinion on the question submitted to him as to whether the franchise could be let without calling for bids. No action was taken either with refer- ence to the complaints of the Sutro road running through the City Cemetery. Protests were received that will “stop for six months the paving of Golden Gate avenne from Baker to Broderick, the pav- ing of Morrell place from Pacific to Broad- way, the i“fi of Baker street from Broadway to Vallejo and the grading of Maripgsa street from Mississippi to Penn- sylvania avenue. The Mayor’s veto of the order changing grades on Sixteenth street east of Osborne was unanimously sustained by the com- mittee. B S She Will Sue the Board. Mrs. B. C. Baker, through her attorneys, Costello and Hall, will begin & suit for damages and reinstatement against the Board of Edu- cation in the Superior Court to-day. In her complaint Mrs. Baker will allege that she was duly elected a teacherin the Crocker Grammar 8chool and others, and was entitled to receive from the school fund the sum of $80 per month. She aflirms that in Angust, 1893, she was without cause unlawfully removed and laced on the irregular list. On the l4th of evember, 1894, she was without the formal- 1ty of a charge or trial dismissed from the staff of teachers, and she asks that a judgment of $1051 back salary be given her, and that she be reinstated. The case is likely to attract more than ordi- nary attention when it comes up for hearing. e Special Baggage Notice. Round-trip transfer tickets on sale at re- duced fates at our office oLy, One trunk, round trip, 50 cents; single trip, 35 cents. Morton Special Delivery. 31 Geary street, 408 Taylor street and Oakland ferry depot. * | . The wisdom of the creation of a bonded | indebtedness by a municipal corporation, the extent to which large public improve- ments are needed by San Francisco, and | the particular improvements, if any, which | should be undertaken, are among the re- | lated questions which will come up for discussion, and concerning them there will | be much difference of opinion. | The present legal possibilities of the | creation of a bonded indebtedness by San | Francisco ‘prescm a pertinent question, | however, which is one of the first which is | necessary to consider and which is of gen- | eral interest. It is & question which has never been extensively discussed or com- prehensively answered. Probably a ma- jority of the citizens of San Francisco understand that further legislation would be necessary before the City could issue bonds and proceed with badly needed im- vrovements. Most people would likel say off-hand that the new charter, whic! contains provisions to that- end, would have to be adopted first. San Francisco. however, could at once | and during this year issue bonds to the | extent of 5 per cent of its assessed valu- ation. It will be news to most people that the way to the issuance of bonds by this | City is clearli open. This being the case the issue whether or not San Francisco ghall improve itself, as nearly every other large city has done, may be taken up at any time, with no impediments to make efforts in that direction useless. This, at least, is the opinion of Attor- ney John E. Richards, given after a study of "the laws bearing on this question. Mr. Richards was an attorney at San Jose when that city issed bonds for $500,000 three or four years ago, and had occasion to officially examine the laws in question at that time as he has done critially since. Almost any question bearing on the powers of the Board of Supervisors and other officers of the City of San Francisco is a deeply involved one. The law for San | Francisco must be found by painstaking care_and by hunting through the acts of the Legislature and the decisions of the Supreme Court for a generation. Never- theless, the question of the present power | of San Francisco to issue bonds appears to be one fairly easy to answer. Takinga | broad view of the legal situation and con- sidering but the most salient points the legal history and condition of this matter have been found by Attorney Richards to be as follows: The original consolidation act was passed as a special act of the Legislature 1n 1856. In the succeeding years, up to 1879, it was amended by a ?ong succession of special acts, which, with the original act, constituted the charter of San Fran- cisco in 1879. The original consolidation act contained in section 12 of article 1, an express prohibition of the creation of any debt by the City or any governing body thereof, Up to 1879, when the new constitution was adopted, the Legislature did not by any special act confer the power to create an _indebtedness. * The old constitution merely made it the “duty” of the Legislature, concerning cities, to “‘restrict their power of taxation, assessment, borrowing money, contracting debts and foamu; their credit, so as to prevent abuses,’” etc. The Legislature was thus vested with discretion in author- izing municipal debts and could pass acis of special legislation. This was the sit- uation when the new constitution was adopted. The new_ constitution. of 1879 prohibits special legislation, and in section 18 of article X1, slightly amended in 1892, pro- vides for public debts as follows: Section 18. No county, city, 5 nshi; Bourd of Education or schoor districr. sheil incur any indebtedness or liability, in any manner or for mysmpose. exceeding in an ear the income and revenue provided for it for such year without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebt- edness, provision shall be made for the collec- tlon of an annual tax sufficient to pay the in- terest on such indebteduess as it Inlrn due, and also provision to constitute a sinking fund for the payment of the principal thereof on_ or be- fore maturity, which shall not exceed forty years 1?13!;33 time ]qlhc_(l;_ntrilcun‘ the same, ny indel s or liabili to lyhll provision shall be v(‘)%d!m“"‘d oty General laws based on this section of the constitution and prescribing vanious things concerning the creation and pay- ment of public debts have been passed since 1879. Another section of the consti- tution has a bearing in this matter. In section 6 of article XTI it is provided that cities and towns heretofore or hereafter orglanlzed shall be subject to _and con- trolled by general laws. " In quite a long line of decisions the Supreme Court has held that the charter of any city is in fact amended by any general law which is in conflict with or supplementary to it. So a general law not specifically referring to any charter is in fact amendatory of it where any conflict arises. For this reason the consolidation act has been amended by a long succession of general laws passed sinee 1879, as it was bi;: long succession of special laws passed before tgn year. So the puzzling tangle of the City’s govern- ment grows emphasizing more strongl each year the need of a new charter whic! when adopted and passed as a general law would amend and_supersede all previous laws in conflict with it. 5 o Thus there are general laws which give this City any debt-inurring power it may Yossess, and such laws have been passed. n 1887 the Legislature passed an act en- titled “An act authorizing the incurring of indebtedness by cities, towns or municipal corporations incorporated under the laws of this State.”” Tn 1889 this law wasre- enacted with some changes of minor im- portance, and it stands to-day as the law governing San Francisco and all other cities which have not adopted special char- ters since 1889. Under this law San Jose and some of the cities of Southern Califor- nia have issued bonds for public improve- ments. This act is entitled ‘‘An act authorizing the incurring of indebtedness by cities, towns and municipal corporations incor- porated under the laws of this State, for the construction of water works, sewers and all necessary public improvements for any purpose whatever, and to repeal,” etc. 'he sections of this act of chief import- ance are as follows: Section 1. Any city, town or municipal cor- ration, incorporated under the laws of this state, may, as hereinaiter provided, incur in- debtedness to pay the cost of any municipal improvement, or for any purpose whatever re- quiring an expenditure greater than the amount allowed for such improvement by the annual tax levy. Sec. 2. Whenever the legislative branch of any city, town or municipal corporation shall, by ordinance passed by a yote of two-thirds of all its members and approved by the executive of said city, town or municipal corporation, de- termine that the public interest or necessity demends the acquisition, construction or com- pletion of any municipal buildings, bridges, water works, water rights, sewers or other mu- nicipal improvements, the costof which will be too great to be paid out of the ordinary an- nual income and revenue of the m\lnlcisalny. they may, after the publication of said ordi- narice for at least two weeks in some news- {mpgr published in such municipality, and at heir next regular meeting after such publica- tion, or at an adjourned meofinfi. by ordinance passed by & two-thirds vote of all its members and also approved by the said executive, call a special election and submit to the gualified voters of said City, town or municipal corpora- tion the proposition of incurring a debt for the purpose set forth in the ordinance, and no question other than the incurring of {ndebted- ness for said purpose shall be submitted. The ordinance must be published for ten days before the notice of the special elec- tion, which must be published for two weeks, and which shall set forth the pur- pose and amount of the ?roposed indebted- ness, etc. Two-thirds of the voters voting at the election are reguired to authorize the issuance of the bonds. The limit of the indebtedness is fixed at 5 per cent of the assessed value of the real and personal property. Thelaw contains a number of administrative requirements and requires provision bgv taxation for interest and sinking fund. The method of issuing bonds by this City is thus exactly the same as with other municigalities of the State that have issued bonds since 1889. 5 The proposed new charter contains a pro- vision authorizing the issuance of bonds by a two-thirds vote, and resembles closely the act of 1889, just quoted. CONCERTS AND OPERETTA, Von der Mehden Plays for the First Time for the Art Institute. Sulllvan at the Y. M. C. A.—An Operetta Performed by Ladies. The Art Association had secured the services of the clever young violoncellist Louis von der Mehden for its weekly con- cert yesterday evening, and curiosity to hear him may have had something to do with the unusually large attendance. With the exception of Dr. Gilbert F. Graham, the other performers were also profes- sionals. Mr. von der Mehden, who was well received, played a berceuse by Klengel, and & nocturne of his own composition, as well as &.trio for violin, "cello and organ. Henry Heyman was the violinist and Louis Schmidt the organist. Mrs. Fleissner-Lewis sang “O! Don Fatale,” from Verdi’s “Don Carlos” and a lied by Schumann, and Dr, Graham, who like so many amateurs has a fatal fondness for operatic aries, sang the good old *Una Furtiva Lagrima,” from Donizetti’s *‘L’Elisire d'A- more.’ ! Merocantile Library Conoert. A successful concert was given last night in the Mercantile Library by the ladies of the Auxiliary, at which the chief feature was the San Francisco debut of Miss Lilian 0’Connell of New York City, & young elocutionist who has won considerable popularity in the East. Miss O’Connell’s periormance did not dis- appoint her friends, who had promised the audience a_treat. Both her tragic and her lighter declamations proved to have such power to move and thrill the hearers that she was overwhelmed with demands for encores. The other performers were Henry Larson, Miss Mabel Love, the Misses Sherwood, Miss Jessie "Klopstock;and Miss Marie Hyde Keeley. An Evening With Sullivan, The audien t the Eighth Members' Con- cert of the Y. M.C. A., given in the Auditorium yesterday evening, were treated to a pleasant entertainment, consisting of excerpts from works by the composer of ‘“Pinafore.”” Robert Lloyd was the conductor and F. Dellepiani ac- companied. The concert opened with the singing of some of Sullivan’s best-known songs, such as “The Tost Chord,” “My Dearest Heart,” Robert Lioyd and 'other local singers being the vocalists, Several favorite hymns, set to music, were then rendered, and the evening closed with voecal excerpts from “Pinafore,’ “Jolanthe,” ‘Ruddigore” and the ‘Mikado. The idea of giving a “Sullivan” evening was & very good one, but there was certainly poetical justice in the fact that in a programme sup- posed to represent the Englhish composer, no excerpt was given from “The Light of the World.” Years ago Sullivan turned frem this class of composition because there was more money in comic opera, and now it appears he is judged by his later and inferior works. A Dress Rehearsal, Golden Gate Chapter No.1,0.E.S., gave a clever little musical sketch, “A Dress Rehear- sal,” in Golden Gate Hall last night. The per- formers were 21l ladies. They were perfect in their parts, and some of them showed consider- able dramatic skill, Miss 8. M. Willets, as the greedy girl, and Mrs. George Darling as Cinderella were especially ood. Miss Naomi Johnson and Miss Nellle Partridge rendered the parts of the elder sisters extremely well, and Miss Effie Hester and Mrs, Grace Darling both sang gracefully and eflec!ivelr A mention of the San Francisco CALL as the medium for advertising the lost shoe was re- ceived with warm applause. e - Closing Exero! The closing exercises of California College will take place on the following dates: Friday eveninf, May 10, literary societies; Sunday. May 12, 10:30 A. ., baccalaureate sermon; Monday evening, May 13, graduation of music class; Tuesday evening, May 14, Alumni Association; Wednesday evening, May 15, graduation of academy class; Thursday, May 16, 10 A. M., commencement of exercises and address by Chaplain C. C. Bateman of Montana, A popular lecture will be given on the last evening by Chaplain Bateman. e A Relief Corps Reception. Mrs. Charity Rusk Craig, past national presi- dentof the Woman’s Relief Corps, and daughter of the late Jerry Rusk of President Harrison’s Cabinet, together wiih her husband, is making & brief visit to San Francisco. Lincoln Corps will give Mrs. Craig a_reception this afternoon from 2 to 5 o’clock at 35 Eddy street. Comrades of the Grand Army and members of the ‘Woman’s Relief Corpsare invited to be present. —————————— The Fair Estate. The question of the precedence of the two wills of the late James G. Fair in the Probate Court will come up for settlement to-day. The special administrators continue to receive authorizations to carry on the business of the estate. Judge Slack empowered them to vote the stock of the Morgan Mining Company standing in the name of J. G. Fair at the annual meeting on Saturday and also to pay $231 60 to an official stenographer. —————————— BiLL Nye was last seen smiling behind an A Imighty-dollar Cigar. e ALONG THE LEGION LINE, Loyal Advocates of Hooper and Warfield Zealously at Work. ARMY RECORDS REVIEWED, Warfleld Served With the Engineers and Hooper In the Commis~ sary Tent. In patriotic circles of San Francisco the keenest attention is paid to the contest between Major Hooper of the Occidental and Colonel Warfield of the California Hotel for the honor of commanding the Loyal Legion for the next year. Interest in the contest is extending to the National Guard, as Major Hooper is on General Dimond’s staff and Colonel Warfield has also rendered service to the guard on the division staff. It is well known that the latter has been promoted from lieutenant to colonel since the war, hence inquiry has been made as to the manner of promotion. In Kentucky a man may marry the widow of a colonel and thus acquire the military rank held by his predecessor in matri- mony, but in California it is different. A man must at least have some kind of an appointment—must be proprietor of a mine or manager of a hotel. Colonel Warfield’s title is perfectly clear. He was first lieutenant of New York Volun- teers and lieutenant-colonel N. G.C. Major Hooper’s title is unclouded. He was cap- tain and brevet major of Catifornia Volun- teers and is lieutenant-colonel N. G. C. There is so much interest in the forth- coming election that the war record of each candidate must be published. Major Hoo‘f:er made his sacrifices for the cause of freedom in the commissary department, and Colonel Warfield’s devotion to liberty was attested in the engineer corps. Colonel Warfield belonged to the Fiftieth New York Regiment of Engineers and Major Hooper to the California Regiment of Volunteers. The New York official records contain this paragraph relating to the Fiftieth Engineers: ‘“The official list of battles in which this regiment bore an honorable part is not yet published in orders.” The Fiftieth did something more than bridge-building, for ‘Fox’s Regimental Losses,” a book accepted as authority, shows that it lost twenty men in action during the war. It may not have par- ticipated in a_ battle, but it was certainly under fire, as the loss of one of its officers and nineteen enlisted men proves. The Second California Cavalry, in which Major Hooper trained, served on the fron- tier and gained renown in Utah under General Connor. The California records are incomplete concerning the losses of State troops in battle, but certainly the casual- ties in action do not vary much from those of the Fiftieth New York, perhaps twenty less. The California troops put down the rebellion in Utah, and Major Hooper’s friends insist that good soldiers must not be slurred because they were not ordered to the Potomac or Mississippi to crusha rebellion there. , In point of military records it can be contended that Colonel Wartield and Major Hooper are about equally matched. In society each adorns a_high circle, and as tavern-keepers both are illustrious. In the Loyal Legion Major Hooper of the Occiden- tal is the senior, having joined in 1879, while Colonel Warfield of the California joined in 1881. Complying with the CArv’s request, Re- corder S);nedberg, in accordance with his custom in such cases, permitted a cupy to be made from the legion’s archives of the record of each candidate. Colonel War- field’s record as given by himself thus reads: January 5, 1864, enlisted as_private in Com- pany L, Fiftieth New York Volunteer Engi- neers; March 12, 1864, commissioned and mus- tered as second lieutenant Company L, to date from March 5, 1864; Decemgcr ;. 1864, commissioned and mustered as first lieuten- ant of Company L; January 12, 1885, detailed by order of Colonel Duane to take charge of and keep in proper order all of the army roads leading from Hancock to City Point, in front of Petersburg, nineteen in 'all, and mostly double-tracked corduroy; built bridge over the Blackwater, from Norfolk Railroad to near Ninth Corps headguarters, some 300 feet long; February 1, ordered to take the adjutant’s po- sition, and continued in that place until mus- tered out, June 13,1865, at Fort Berry, Va. History of Service. Was never away from the regiment, except for ten days’ leave of absence, from the time I enlisted until the end of the war, and pnl‘ticlglled with the regiment in the battles and labors of the Wilderness, Spott- sylvania, North Anna, Cold Harbor, Peters- burg, etc., down to the surrender of Lee. Assisted June 14, 1864, in building the pon- toon bridge across the Chickahominy, at Coles Ferry, 1600 feet long, and also June 16, 1864, in buflding the one over the James, the long- est pontoon bridge ever 1aid—2060 feet long. Elected in Loyal becxlan, May 25, 1881, No. érl)O, Commandery of California, Insignia No. Following is the record of Major Hooper as filed with the Recorder: Williem B. Hooper—Second lieutenant Com- pany ¥, Second California Volunteer Cnvnlrg, uly 23, 1862; first lieutenant January 17, 1863; captain and commissary of subsistence March 18, 1863; brevet major March 13, 1865; honorably mustered out July 13, 1866. Served during the war in Californis, Arizons and Nevada as company and staff offi- ger with General P. E.Connor’s column from California to Salt Lake City, and post quarter- master at Fort Douglass, Utah, Elected in Loyal Legion November 7, 1879, Xo. 83, Commandery of California. Insignia, Colonel Smedberg’s opvosition candi- date for recorder has not yet entered the field, but the assertion is made in the War- field camp that one will be announced in due time. ~Colonel Warfield’s friends blame Smedberg for developing the oppo- sition to their leader and persuading Hooper to become a candidate, but in- quiry discloses the fact that a very large number of companions were dissatisfied with the regular nomination. Some aver that Warfield’s nomination was forced or rather pressed against the real sentiment of the commandery. It is known that General Dimond and General Backus were strong supporters of ‘Warfield’s nomination. Some of Hooper’s supporters hint that General Backus wanted influence with the Governor when the fight for Prison Warden was on. * Major Hooper is gaining accession to his strength in army and navy circles, and is surely the choice of many of the Cali- fornia Volunteers belonging;to the legion. BENEVOLENCE AND RHIRTH Opportunity to Be Given for Simultaneous Indulgence in Both. ““Romeo and Juliet Up to Date” to Be Presented at the Baldwin To-Night. Benevolence and enjoyment do not often lie in the same path, but to-night an op- portunity will be afforded those of a char- itable disposition to aid a most commend- able enterprise and at the same time spend a few hours in mirthful pleasure. So great was the success achieved by the amateur thespians who, last week, ren- dered “Romeo and Juliet Up to Date” in Oakland, for the benefit of the Ladies’ Re- lief Society that they were requested to give a similar presentation in this City in aid of the Children’s Hospital of this City. They only too gladly consented to do so and will appear at the Baldwin Theater to- night. Tickets can be had any time dur- ing the day at the box-office of the theater. The institution to be aided in this man- ner is one of the most worthy in the City. All children, whether rich or poor, are treated for their ailments there and are given the best possible attention. That the performers, while amateurs, are not novices, was clearly shown by the hit they made in Oakland. The play is a broad travesty on the Bard of Avon’s ro- mantic tragedy of ‘“Romeo and Juliet,” in whicis are incorporated all the latest songs and quips. The cast is as follows: Capulet. .Henry Melvin Romeo. Louis Imhaus will act as stage director and N. C. Paige will conduct the chorus, comprising the following: A. A. Dewing, H. M. Baker, Everett Dowdle, Robert Chestnut, C. W. Crist, D.J. Cornell, M. W. Jellett, T. Vail Bakewell, Benjamin Bake- well, William Hubbard, Charles O. Dickm: D. D. Littleton, E. A. Brodie, Power Hutehi Charles B. Mills, Richard Mould and B. P. Miller. Among the features will be a whistling solo and the reading of a few chapters from *‘Trilby.” THE ACAPULCO ARRIVES. Passengers From Central American, Sailing of the Alameda. The Pacific Mail steamer Acapulco ar- rived from Panama and way ports yester- day morning well laden with coffee and with a big list of passenge: She brought no news from Central Ame The list of cabin passengers was as follows: ‘William H. Wood, C. J. Tice, R. H. Mar- tin and family, L. R, Brewer, Mrs. L. H. Cooke, Charles H. King, I. M. Kavanagh and wife, Victor Mudge and wife, R. T. Sparks, Mrs. Seifried, W. P. Kirkland, L. ‘W. Schneider, Frederick Andreas, Francisco Angiano, Miss Wiener, J. H. Merriman, Ramon J.de la Marar, A. H. Mays and wife, Wendell Andreas, Mrs. Piggot and two children, J. Lamar, George Lee and W. A. Shrimpton. The Alameda sailed for Australia and Honolulu and Apia yesterday afternoon. She carried away about forty passengers in the cabin. NEW TO-DAY—AMUSEMENTS. CALIFORNIA THEATER AL HAYMAN & Co. (Incorporated).....Proprietors The Dramatic Treat of the Season. ENJOYABLE FROM BEGINNING 70 END! DON'T FORGE First Matinee for the women and children to= morrow afternoon at 2, and they will allbe | there to see THE COMEDY-DRAMA OF TO-DAY, THE AMERICAN GIRL! A Story of Interest to All. Intelligently and Effectively Told. A Perfect Production. A3~ Seats Now Ready for Next Week— :}l';elSecnnd and Last of ‘“The American rl.*, Mrs. ERNESTINE KRELING Proprietor & Manager “ Hear the Boots of the Carbineers !” LRRUGELT Greal Prouctin! OFFENBACH'S MASTERPIECE, THE BRIGANDS! Popular Prices—25c and 50c. BALDWIN THEATER. FRIDAY EVENIN THE EVENT OF THE SEASON! For the benefit of the CHILDREN’S HOSPITAL ‘Will be presented the highly successful musical travesty on “ROMEO AND JULIET.” Characters by gentlemen well known in Oakland and San Francisco society. Regular theater prices. Box office open for sale of seats on and after Thursday, May 2. ORPHEUM. O’Farrell St., bet. Stockton and Powell. Crowded Houses! Delighted Audiences! ul CONSTANZ & IDA, of Novelties. The Peerless Equilibrists Every Act s Fea- :JOHN E. DREW, ture, The Dancing Comedian, Miss Morrisey, the Rays, the Binns, Stu- art, Kalkasa, Brown & Harrison, Ete. Reserved seats, 25¢; Balcony, 10c; Opera chairs and Box seats, 50c. . Matinee Saturda. paatinee St and Sunday. arquet, 25¢; Balcony, 10e. Oc; Children, any seat, MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theater in America. ‘WALTER MOROSCO. le Lessee and Manager THIS EVENING! THIS EVENING! A Distinct Dramatic Event! First Production in America of Tom Craven's Great Melodrama, THE WHITE STAR'! EVENING PRICES—250 and_50c. Family Circle and Gallery, 10c. Matinees Saturday and Sunday. CIRCUS ROYAL And Venetian Water Carnival, Corner Eddy and Mason streets. CLIFF PHILLIPS. d Manager The Public Verdict—An Unqualified Success ONLY REAL NEW PRODUCTION NCISCO. FIRST TIME OF WATER SPECTACLE EVER PRESENTED I ‘Under the direction of two well-known artists. An _arenic performance of the highest order. New features weekly. Evening Prices—Parquet and Dress Circle, Re- served, 25¢ and 50c. Saturday and Sunday Matinee—Parquet, Chil- dren, 15¢; Adults, 25¢. ROSE SHOW. Proprietor CALIFORNIA STATE FLORAL SOCIETY, PALACE HOTEL, MARBLE HALL AND MAPLE ROOM, May 2, 8 and 4. Admission (day), 25¢; Evening (seleet concert), 50¢. RURNING m RUNNING RACES! RACES CALIFORNIA JOCKEY CLUB RAGES, WINTER MEETING, BAY DISTRICT TRACK, COMMENCING SATIEAY, OCT. 27, 1894 Races Monday, Tuesday, Wednesday, Thursday, Friday and Saturday—Raia or Shine, Five or more races each day. Races start at 3 McAll PM. ister and Geary streetcars pass the gate. { 3 |