The San Francisco Call. Newspaper, May 19, 1895, Page 11

11 THE SAN FRANCISCO CALL, SUNDAY, MAY 19, 1895. LATEST OMLAND - NEWS Harry Tuttle Run Over by a Hpavily Loaded Lumber Truck. NOT EVEN A BONE BROKEN. A. C. Azerado Savagely Assaulted by His Countryman—Mrs. Potter’'s Whims. Harry Tuttle, a boy, fell from his bicycle on Webster street between Alameda and Oukland yesterday morning before a lum- bertruck, The wheel passed over him, in- flicting . contusion of the back and right arm.. ‘When Harry regained his conscious- néss and was taken to his home at 150 Peralta Heights his chief regret was that his hicycle became demolished in the acci- dent Ilarry was one of the racers of the Lin- coln School Cycling Club which had an exeiting eight-mile race from Oakland to Alameda and return yesterday morning. The boys who entered the race were: Bercovich scratch, Ed Quinn 3§ min., Nick Rounemort 3; min., Harold Lancaster 13 min., ¥red Bain 134 min, Burrell 214 min., Harry Tuttle 3 min., Woodson Craig min., Valen- tine 4 min., Warren English 4 min., Kennedy 4}¢ min., Sanborn 434 min. The timers were Tom Hazeltom and Tim English., The race was started from Twelith and Jackson streets at 10 o’clock, the route being out Twelfth to Twenty- third- avenue, to Park street, Alameda, thence - through Alameda and back by Webster to Second, to Alice, to Eleventh, io Madison street. The first rider in was Irving Burrell,who made a strong finish. Bercovich came next and won the time prize of the race, doing the distance in 29 minutes 40 seconds. Harold Lancaster was fourth. THE NEIGHBORHOOD CLUBS. A Form of Altruism That Has Taken Hold of Philanthropic Oakland. Now it is the social settlement that con- cern altruistic Oakland. Two flourishing clubs have already been organized. One of these isin West Oak- Jand and the other has headquarters at Third and Franklin streets. Mrs. Moremg is in charge of the latter settlement. The lower floor, which was oncea bar- roam, serves as a gymnasium and assem- bly-room. The upper tloor is used for ordi- nary club meetings. Monday afternoons a sewing classiscon- dueted, and attended by girls of the neigh- borhood, ranging in years from 6 to 12. Tuesday evenings the boys™aclub meets e mets, hammocks and bas- Wednesday the mothers come to -have tea and hear a good talk from Mrs. Wilkes or some physician. Oncea month Mrs. Whittaker gives a cooking lesson. Thursday, Friday and Saturday other boys’ and girls’ clubs meet to learn some ul lesson in handicraft, ethics, sanita- tion or literatire. InOakland it is called the Neighborhood Club:. Several new ones are being organ- ized. Tuesday afternoon and evening the publio_is_inyited to attend a reception given by the Neighborhood Club at ’Fhird and Franklin streets. Its workers and snbscribers at present are: Mrs. Alice K. Wellman, Miss Ethel Moore, Alice W. Flint, Dr. Myra Knox, Mrs. Mrs. Palmer, Mrs. Kate Potter, Mrs. e Derby, Miss Linto Booth, Miss Lilien- 1z, Miss Ruth Palmer, Miss Everson, Miss Miss Anna Briggs, Miss Shaw, Miss ney, Miss Grace H. de Fremery; send, B. H. Pendleton, Walter ¥lint, O. A. Lovejoy, Messrs. Horn, Roberts, Epaulding and Crnamberlain. ASSAVULTED HIS COUNTRYMAN, J. C. Victorine Beats A. With a Shovel. Constable C. F. Weldon of Brooklyn ship has a warrant telling the story assault which nearly caused the i A. C. Azerado, who is employed ©C. Azerado death at a dairy on the Redwood road. C. Victorine, a countryman of Azer- was also employed at the ranch, and o men grew to dislike each other to 1 an_extent that t}uan’els were fre- Victorine finally began abusing -laborer, and on the latter inform- r employer the belligerent fellow charged. ‘When Victorine learned the cause of his ssal he decided on revenge and one hile Azerado was milking, he :aked behind him with a broken shovel and beat him into insensibility. By the time the injured man was suffi- ciently recovered to tell who his assailant was, Victorine had decamped and gone to Humboldt County. When he was finally located Azerado swore outa warrant for his arrest on a charge of assault to murder. AN ELKS’ BENEFIT. A Soclety Circus to Be Held on Satur- day, June 8. A society circus for the benefit of Oak- land Lodge No. 171, of the Order of Elks, will be held on Saturday, June 8. The plan is to hold the entertainment in a large tent in some location near the central portion of the citv. A number of people prominent in social tircles have volunteered their services, and star amateur acrobatic performers from the Acme-and Reliance clubs have agreed to take part. e committee of arrangements consists of-H. N. Slog‘er, C. H. Hawbaker, A. T. ~ McDonough, F. P. McFreely and 'T. F. Scanlon. The proceeds will be devoted to the ‘building of the magnificent monument wlich the Elks have projected for their lot in-Mountain View Cemetery. A Guardian for Mrs. Potter. Mrs. Agnes J. Potter’s spiritual eccen- trieities have developed to such an extent .x - that an amended complaint has been filed & :ia the- Probate Court asking that letters of guardianship be issued to L. E. Kelly, a < drjend of the family. Mrs, Potter is the wifé of an East Oakland capitalist, and has figured once before in the public prints as the lady who went off on a shopping tour and parchased 1300 cups and seventeen shawls. .-In the mew petition it is alleged that Mrs. Potter is in a feeble physical and - mental condition, which renders her in- ‘competent to transact any business or to -,}r;mperly care for and manage her estate. -.The petition further sets forth that Mrs. Potter has a life interest in a house and lot valued at $4000 and personal property worth $1000; that she is now in the care and custody of her husband, 8. L. Potter. - The Potters live ina handsome house I;urchased from Judge F. W. Henshaw on ‘:Fourth avenue, and are quite wealthy. Mrs. Potter is a deyout cpiritualist, and has;, of late, placed great faith in several mediums who appear to have a great deal ‘ofinfluence over her. .-Her'latest eccentricity is to establish a sanitarium, and for this gurpose she dis- posed of some personal effects and leased - the Walkerley-Burbank mansion, which is ..:* ‘near her residence, where she proposed to *.. esfablish a mediumistic friend as healer-in- -..ehief. “ William Brassey, a San Francisco at- -torney, was arrested by Officer Hynes last ‘evening on a charge of obtaining money under false pretenses. Mrs. F. E. Shirley, 2 rietress of the Brunswick House at 3 Washington street, is the complaining withess, and placed the charge against Brassey .because of a worthless check which the attorney palmed off on her. He lived at the Brunswick and was in arrears for five weeks’ rent, amounting to $28. ‘When 4 settlement was demanded of him alter pnttigfi Mrs. Shirley off for some time he finally gave her a check on a San An Attorney Arrested. Francisco bank for $20 as part payment. The check was returned as worthless, and, after waiting for several days more for him to settle, Mrs. Shirley swore out the war- rant for his arrest. Brassey has been in trouble before through his freedom with checks which were not backea ug by a bank account. About a year ago he gave M. J. Keller, the gentlemen’s furnishing 0ods man, a check for $15 in payment for §6 worth of shirts and received the differ- ence in coin. ‘When the paper was presented at the San Francisco bank on which it was drawn the discovery was made that Bras- sey had no funds on deposit there. The attorney was arrested, but settled the mat- ter with the complaining witness before the case came to trial and was released from custody. Mrs. Shirley intimates that she will not press the charge against Bras- sey if her $28 is forthcoming. Still in the Toils. J. A. Lefort and N. McGiken, grho were arrested by Policeman Quigley While loits ering in the vicinity of a broken shutter in the Seventh-street de{ot, arestill in jail, tgough no charge has'been placed against them. It is thought by the volice that they have been connected with some of the numerous robberies which have occurred within the past few weeks, and the police are searching for evidence on which to base charges. Their running -wzi ‘when challenged by the patrolman- and their proximity to the broken shutters from which the padlock had been- removed lead the police to be: h]eve that they contemplated entering the place. They will be charged with an attempt at burglary, if nothing else can be found on which they can be neld. Chief Lawton’s Escape. Chief Lawton of the Fire Department had a mnarrow if very curious escape from serious injuries while hurrying to the fire which destroyed . ex-Councilman George Earl’s stables early yesterday morning. ‘When approaching the corner of Helen and B streets, where the fire was burning, the forward axle of his buggy snapped in two and he was pitched forward over the dashboard. Fortunately for him he landed on the back of his spirited horse and clung there until the well-trained animal came to a standstill, when he slipped to the ground, none the worse for his mishap beyond a few bruises. The fire, the cause of which is unknown, caused about $1000 damage, Mr. Earl's driving horse, valued at $300, being burned, to%fther with two buggies and a quantity of harness and other articles. At the Macdonough. Another charity benefit, to be partici- pated in by professional and local amateur talent, will be presented at the Mac- donough Theater Wednesday evening next, when “The Jewess,” a sparkling opera, will be played. . The performance will be under the direc- tion of Professor Eisenbach, assisted by Mrs. Evelyn Winant Dickey of San Fran- cisco and Miss May Gooch, J. P. Goodjins, Dr. 8. Hodghead and others of Oakland. The Free Clinic will be the beneficiary. The sale of seats will begin to-morrow at popular prices. A Reception to Mrs. Wilkes. Members of the Oakland Unitarian Church and other friends attended an in- formal reception given to the Rev. Mrs. ‘Wilkes, the retiring assistant pastor of that church. It was a very pleasing event. The Rey. Mr.Wendte made a short address and Mrs. Wilkes spoke in response. | What God gives lasts forever, she said, and so she should always feel that her iriends were with her. Miss Cavanaugh of Tacoma gave a recitation, and refresh- ments were served. Frightened the Burglar. A burglar gained an entrance through a window to the residence of James Warner, 1067 Oak street, Thursday evening last, but was frightened away before obtaining any plunder. The noise he made moving about the house awakened the inmates, who frightened the thief away, In his hurry to depart he left a dirkknife and a bullseye lantern, which were turned over to the police. Two of the New Women. Rev. Anna Howard Shaw of Phil- adelphia will speak at the First Congrega- She is reputed to be one of the ablest and most eloquent women in the pulpit, and her advent on the coast is in company with Miss Susan B. Anthony. The two women came here to speak at the Woman'’s Congress of the Pacific Coast. Fruitvale Volunteer Firemen. The Upper Fruitvale Volunteer Firemen have filed their list of officers and charter members with the County Clerk, as re- quired by the laws governing such organ- izations. The officers are: W. W. White, gxesidem; F. Bornmann, foreman; W. H. aylor, secretary, and Charles A. James, treasurer. The company contains nine- teen members. A Divorce Granted. Judge Ellsworth granted Mary divorce from Thomas V. T. Hilf E. Hill a yesterday, and the custody of the minor child. Amanda Van Essler has brought suit for divorce from Le Roy Van Essler of Oak- land. Sent to Jail. Four months in jail was the measure of justice dealt out to George Force yesterday for stealing a quantity of clothing and shoes from a Broadway store on Friday. Oakland Shipping News. The schooner Arcata began unloading her 600 tons cargo of Coos Bay coal at _the City wharf yesterday for the Coos Bay company. BERKELEY. Intense excitement prevailed in Berke- ley yesterday afternoon upon receipt of the news that the University of California crack athletic team had made a tie with the University of Pennsylvania men. Though but few students are left in Berkely on account of the summer vaca- tion, what they lacked in numbers they made up in enthusiasm, and for an hour a continnous round of college yells went forth. No one in the university had any idea that the boys would make such a remark- able showing against what they conside- ered their most formidable enemies on the entire trip, Captain Koch, before he left, expressed little hopes of even_gaining recognition in a contest with the U. P. boys and said he hoped the U. C. boys wou‘nf be able to pre- vent a complete walkover. The Berkeley people regard the work done yesterday as a practical victory for California, since two points out of the seven gained by Pennsylvania went to her by default. Colonel Edwards, who did so much toward raising the $1200 loan from the students, feels especially gratified over the success of the team and hopes that the financial results of the trip will be in pro- portion to the credit whicg the boys have already brought upon t hemselves and the university. Two Offices in One. Much commeat has been o the political circles of Berkele: over the matter of combinin, now performed by the Town Engineer and the Buperintendent of Streets into one O Aot ot e i e du e iwo offices are closely allied. It has been fimugedecided.hav&- ever, that, according to the new charter, which goes into effect on next Wednesday, the two offices are separate and distinct and shall be held by two different parties, Special Service, A special praise service will be held this evening at_the First Presbyterian Church, under the direction of the King’s Daugh- ters of that church. Addresses will be de- livered Mrs, J. C. Smith of Trinity Presb Church, San chmfi; Mrs. Clark, the State secretary, and Mrs. de Fremery of Oakland. Professor Whiting Goes East. Professor Harold Whitintgl,‘ who held an associate professorship in_ the physics de- partment of the University of California ioned in , recently, the duties tional Church in Oakland this morning. | for a number of years and who resigned recently, left with his_family for the East on Friday evening. He has gone to his old home’ in Massachusetts, wEere he will devote his entire time to the writing of works on physics. ‘Woman’s Relief Corps. The Woman’s Relief Corps gave what was called a pink-domino party at Unit; Hall Friday night. The walls of the build- ing were decorated with flowers, vines and a number of large American flags. The ladies wore pink dominoes, while the gentlemen appeared in evening dress. The executive board and their assistants, who had the arrangements for the evening in charge, consist of Mrs. Wagner, Mrs, J.T. Morrison, Mrs. Hutton, Mrs. Amy Hamlin, Mrs. Henry Allen, Mrs, Stewart, ijsaHolmes, Mrs. Mary Martin'and Mrs! er. Narrow Escape. Late Friday night a butcher named Shaw was driving down Shattuck avenue at a rapid rate when his vehicle struck the carriage 1n which Mrs. Fred Marquard and a' Miss Shaw were driving. The car- iage was averturned, throwing the ladies violently on the ground, but they escaped with a few scratches. Examinations Ended. The entrance examinations which have been going on in Berkeley for the past three days were completed yesterday. One hundred and seventy-five students took the examinations at Berkeley, only about one- eighth of whom were girls. ALAMEDA. Hamlet Circie, Companions of the For- est, have elected the following officers: Miss Kruger, chief companion; Miss Boos, sub-chief companion; Miss Bremer finan- cial secretary; J. Frodsham, recording secretary; Miss Mentel, treasurer; Mrs. Tait, right guide; M. Wilbur, left guide; Miss Crowley, guard; Mrs. Scott, trustee. IForty Hours’ Devotion, The forg hours’ devotion -in honor of the blessed sacrament will commence in 8t. Joseph’s Church at 10:30 o’clock to-day with solemn high mass. Father Mulligan will preach the sermon on the blessed sacrament. Death of an Octogenarian. Mrs. Clara Gartner, a native of London, England, died yesterday at the home of her daughter, Mrs. P. H. Morse, 1606 Pa- cific avenue. She was 80 years old and had lived in Alameda about a year. Effect of the Grip. Bertha Horn, 11 years of age, died Fri- day night at 891 Oak street. Death is sup- posed to have resulted from the grip. The child was not attended by a physician. A HORSELESS EPOCH. Electricity Will Soon Drive the Useful Animal Off the Street. “The question, ‘When will the horse cease to be a necessity for trafiic and pleas- ure in America? is perhaps nearer solu- tion than the public imagines,” says | Henry W. Fischer in Munsey’s Magazine. { “The Paris-Bordeaux race of automobile | carriages, to be run in June or the begin- ning of July, promises to foreshadow the approach of the horseless period. The forthcoming Paris-Bordeaux races—‘the | competition of carriages without horses’— are to demonstrate whéther the end of the century will fulfill the promise of the be- ginning: whether the long-delayed, oft- attempted invention has been completed by the creation and adoption of a type of automobile carriage that is at once free from danger and the management of which calls but for the exercise of ordinary skill. The Paris Petit Journal, as it did last year, will manage the affair; the race is to be international in the broadest sense and unrestricted as to the employment of motive power.” Dr. Chauncey M. Depew, who was asked whether he thought the horse wasdoomed, said: ““I imagine that one fine morning we | shall wake up with apparatus ready to take | us to our offices by an automobile carriage, or perchance through the air. But in spite of my full belief in the electric carriage of { the future, I doubt whether the services of | the horse will ever be entirely dispensed with. T cannot conceive our active Amer- icans adapting themselves. to the pursuit of pleasure in carriages moved by elec- tricity or by any other kind of motor but the horse, \What has made the bicycle so universally popular but the one fact that it permits of action on the part of the rider, that it affords excitement? For sim- ilar reasons the carriage horse will always have friends and admirers; his style, ac- tion and movement cannot be duplicated or imitated. As to the ordinary, every-day horse, he is certainly doomed. ~ The extent to which electricity has discredited and re- awarding her also alimony of $15 a month | laced him is exemplified by the lact that | it no longer pays to breed horses that com- | mand but a moderate price,” | | THEOSOPHY IS A HUMBUG. | Dr. Eliot Cones, the Scientist, Gives the | Result of His Investigation. | Dr. Eliot Cones, the distinguished scien- | tist who was for several years a member of | the American Theosophical Society and at one time its president, in an interview on the Besant-Judge controversy denounced the Theosophical Society as a vile, wicked humbug, says the Milwaukee Evening Wisconsin. “There is nothing but frand on the one hand ana folly on the other in the Theosophical Society,” he said at Washington recently, “and there is not even a pretense oI anything else among those who conduct the affair. All these so- called Mahatma letters are fakes, pure and simple, and the profiulsion of the astral body is a gigantic joke.” Regardix:F his investigations of theoso- phy he said: “‘I was merely investigating for ‘myself as a scientist, as any scientist is bound to do in a matter of vital interest, both in its psychological and its ethical aspects. It is not particularly to my credit, as I have stated more than once, that I found the Theosophical Society a cesspool of filth and fraud, owned and operated by a few knaves at the expense of not many dupes, Aver- age intelligence would discover that with- out difficulty. Mme. Blavatsky was a won- derful woman, world wise and world worn, vastly shrewd and abominably wicked. She started this theosophical idea in the spirit of a joke, and, finding it easy to delude the credulous, continued it as a business. “I have in my possession her original letters containing her instructions to her confederates and servants as to the man- ner in which her qliscfi)les were to be fooled. She set “f in Madras what she called a shrine. shrine was a cup- board having a false back, which opened into her dressing-room. The faithful would place their petitions to the Mahat- ma Koot Homi in this closet. Blavatsky would get them and write answers in blue and red pencil and put them back. Then the petitioners would get them and be over- whelmed with spiritual fervor. She had a rag baby which would be stuck on a pole and raised to the window of ‘shrine,’ and when the believers would see this at the aperture they would cry out, ‘My, there’s ahatma.’ ’ ———— Lost in the Shuffie. At midnight the other nighta patrolman on Calhoun street saw an old colored man searching his dooryard with a candle in his hand, and had the curiosity to stop and in- quire what he had lost. “Lost a quarter 'round yere sumwhar, sah,” was the reply. “Lose it during the day ?” “No, sah—"bout half an hour ago.” “Hole in your pocket, eh?”’ “Not ’zactly, sah—not 'zactly. When I cum home de ole woman was “waitin’ fur me right out yere, an’ when she had dun frew wipin’ up de airth wid my body dat money was gone. It may be yere an may be in de nex’ ya'd or out in the road, but Ize boun’ to look for it. No, sah, dar wasn’t no hole in my pocket—not as I knows of. Dat quarter was' jess somehow lost in the shuffle, to say nothin’ 6f how I got frowed kown an’ walked on till I couldn’t holler,”—Detroit Free Press. CRESWELL GIVES: ADVICE. Improvements on the Lincoln School Lots Belong to the Clty. LESSEES PREPARED TO FIGHT Claim That the Advice of the City and County Attorney Is Not Founded In Law. City and County Attorney Creswell yes- terday filed an opinion with the Board of Education, relative to the ownership of improvements on the Lincoln School lots at the corner of Fifth and Market streets, leased in 1875 by the Board of Supervisors for a period of twenty years. The lessees made improvements valued at $200,000, un- der the terms of an advertisement calling for bids from the Board of Supervisors, which' advertisement provided that at the expiration the improvements should re- vert to the lessees. No stipulation to this effect, however, appears 1n the lease itself. The twenty years’ lease will expire Septem- ber 1, and by an act of the Legislature the Board of Education assumes control of the | property.. Hence arises the question as to | ownership of improvements, The lessees claim that the City is bound by the conditions of the advertisement. r. Creswell, however, takes a different view of the matter, ho_‘dmg that the les- sees have no property rights of any kind in the improvements that will survive the ex- piration of the term of the lease, The opinion in full is as follows: To the Honorable the Board of Education of the City and County of San Franéisco—GENTLEMEN : Tem in receipt of your communication of April 29, 1895, regarding the owuership of the improvements on the Lincoln School lot, on Market and Fifth streets. Theland on which the improvements in question were placed was leased by the Board of Supervisors under the authorify of an act of the Legislature, entitled, “An act to authorize the Board of Supervisors of the Cityand County of San Francisco to lease a school lot in said City and County, and to authorize the issuance of school bonds for the dpurchnse of sites and erection of school buildings in said City and County,” ug roved March 30, 1874. [Stats. 1873-74, p. 848, Did the Board of Supervisors have the author- ity under this act to include in the adver- tisement required by the act any condition rlelative to the improvements that might be placed upon the land by the lessees thereof? Section 1 of the act requires the board to advertise, soliciting sealed proposals for the use of the land either as & whole or divided into smaller plats as the board should deem for the best iuterests of the City and County. anh:ig determined in which’ way the land should be leased the only thing left for the board todo before leasing the land was to advertise for a period of thirty days in two daily newspapers in the City and County soliciting sealed proposals for the use of said lot. The requirement that an advertisement | should be made soliciting sealed proposals for the use of the lot does not mean that an adver- tisement can be made soliciting sealed propos- als for the use of the lot upon the condition (as provided in the advertisement) that *all the improvements that might be placed on the lot unless purchased by the City and County shall be removed at the expiration of the léase by the owners thereof upon thirt; being given by the Mayor of the City and County, and if not so removed prior io the expiration of said lease the right shall be for- feited and the ownership of the same shall vest in the City and County of San Francsco.” The statute nowhere confers upon the board the power to purchase for the City and County the improvements which might beé placed upon | the lot if the board should desire to do so; nor | does it give to the board the power to contract | with the tenant that he may remove these im- provements at any time after they shall have ecome & part of the realty; nor does it give | the board the right to burden the City and County with any requirement concerning such fmprovements. | , The statute prescribes a mode of adyertising for said sealed proposals, and the mode o pre- scribed is the limit of the power of the board. The incorporation into the advertisement made under the act of the conditions regard- ing the ownership of the improvements was wholly unauthorized. It nece Brl!}' follows, then, that the condi- tions_injected into the advertisement con- ferred no rights npon the bidders, and no obli- gations were imposed upon the City and Countilthereb{. The Mayor of the Cilg and County, by resolu- tion of the Board of Supervisors, was author- ized and empowered to execute their losses on behalf of the City and County “under such con- ditions and restrictions as may be by him con- sidered necessary and proper to protect the public interests,” ete. The leases were exe- cuted under this authorization, signed by the Mayor and lessees, and are sileni regarding the improvements that might be placed on the | 1and by the lessees during the term of the lease. The act of March 80, 1874, does not give the Board of Supervisors the power to contract in Teference to the improvements thatmight be placed upon the lotin_question, and no power is given to the board to abandon any legal right that might acerue to the City and‘County in consequence of the lease, The Mayor in this matter could haye no greater power than the board. In the language of the Supreme Court of this State: “If an express power to accomplish some result has been conferred it will carry with it the authority to do such sub- sidiary acts as are incidental io the exercise of that power.” In the case at hand the power is given to lease, and the surrender of the legal right to the improvements so attached to the realty as to become a part thereof is not a sub- sidiary act incidental and necessary to the ex- ercise of that power. Inasmuch as the lessees were charged with the knowledge of the lack of power in the board, and_that the Mayor had no greater Eower in the execution of the lease than the oard the conelusion that the omission was purposely made is irresistible. The lessees cannot complain that the condi- tions of the advertisement herein treated of were not embodied in the lease. If the board had no power to contract in that regard the lessees were charged with a knowledge of that fact, and have not been injured by the omis- sion, because if the board did not have the power to make the conditions the insertion of them in the contract when executed, or at this time, would not bind the City and County, and would be of no benefit to them, and conse- quently my conclusions are: First—Fhat the Board of Supervisors have no power to purchase the improvements. fecond—That the lessees have no right to re- move from the land any of the fixtures placed thereon by them in such & manner asto be- come & part of the realty, tnd no power to sell the same and give title théreto. Third—That the lessees have no property rights of any kind in the improvements that will survive the expiration of the term of the leases. HARRY T. CRESWELL, Attorney and Counselor, Dated May 18, 1895. ‘When the above communication was shown to the several lessees yesterday afternoon they expressed great surprise at the conclusions arrived at b! Mr. Cres- well. Some of them were indignant, and gave expressions to their feelings in lan- guage rather too forcible for publication. Creswell’s letter of advice to the Board of Education was not expected before the middle of next week, but its purport was by far the most sensational lp ase of the controversy thus far. The lessees, with- out exception, were far from the opinion that the City would take advantage of a technicality in its dealings with them, The subjoined ‘interviews will tell how the ofainion was received, and also give an idea of the methods to be pursued in the future by the lessees: % James McGinn said: “This is not law, justice, eqnity, fair dealing or anything * else ~that usnally obtains in"the transaction of legitimate busi- ness. Iam greatly surprised at the opin- ion. I suppose it means a fight, For one, 1 shall not give up my improvements with- out a struggle for what rightfully belongs tome. We shall take the matter to the Supreme Court, for while Mr. Creswell’s opinion means nothmi final, the board will of course act upon his advice and take the matter into court. It has been a rich trade for the City and a poor one for the lessees. I have made some figures on my lease which will show that it has not even said a fair rate of interest, and I have one better than most of them.” Mr. Mc- Ginn’s estimate is as follows: Original cost....... Taxes for twenty Insurance at 314 per ce 11 g ,000 400 Repairing 5 Water. . . 2760 Reoy Gy and Coutiy’, first five ‘years at $156 25 per month 9,375 Rent, City and Count, $206 20 per moxth. . 12,876 days' notice |- Rent, City and County, third five years at $256 25 per month. ... essraatsesesnssecs 15,375 Rent, City and County, fourth five years at $306 25 per month.... 18,375 Total amount of investment.. 79.460 Rent received from 863 Market street, first five years at $184 g@r month 11,040 Reat received from 863 Market str ond flvaefelm at $234 14,040 Rent recelved from Marke third five years at $284 Ker mont .. 17,040 Rent_received from 868 Market street, fourth five 7 20,040 Rent recelved from 86314 Marke! first five years at $50 ger month 8,000 Rent received from 7631, Marke! second fiye years at $75 per month. 4,500 Rent recelved from 86315 Market sireet, third five years at $100 per month. 6,000 Rent recelved from 8631 Market ‘fourth five years at $150 per month, Total amonnt received. . SUMMARY. Amount received.. 84,660 Amount expended. 79,460 Net gain for twenty years. $ 5,200 James McCormack: “We shall contest the matter in the courts. A meeting will be called for Monday evening to formulate a plan of action.” The Improvements belong to the lessees. We rented under this condition. The language of the iease does not matter. The advertisement is binding. I will fight the proposition as long as I live before giving up my improve- ments to the City.” H. M. Block: “I am greatly surprised at Mr. Creswell’s communication to the Board of Education. Of course it means a fight. I have not made 6 per cent on my investment, and now to be asked to give up my improvements is a little too much.” R. F. Osborn: “The Board of Education will have a big fight on its hands if it acts upon the advice of the City and County Attorney, which it undoubtedly will. It was a poor investment for all of us. Of course the matter will be settled in the Supreme Court.” THE WEASEL A OLEVER DODGER. One That Was Quicker Than the Shot of a Sportsman’s Trusty Gun. “Coming to our camp in the cool October evening afterthrowing our lines for bass at sunset in Little Bear pond,” said the Gotham sportsman to the New York Sun man, “we found that a visitor. had been there during our absence. We had taken up our quarters in a deserted shingle camp, a low log structure with a splint roof. A ‘deacon’s seal’ stood before the open fireplace of stone and behind, laid thatchwise on the ground, were the pine boughs upon which we were to sleep. We had left our dunnage there earlier in the day and had hung up upon a peg in the wall two partridges that we had shot. “After we had lighted up the place with a glowing tire we saw that the partridges were gone from the wooden pegon which they had hung and were nowhere to be seen. A long search about the camp re- vealed them at last on the opposite side, crowded half under the bottom log of the wall, as if an attempt had been made to get them out of the camp that way. ‘“We hung them up again upon the peg, and in a few minutes discovered a weasel running about them trying to get them down again. He appeared tobe regardless of our presence. He would run out to the end of the peg and work away awhile to try to push the string that held them over the end, and then would dart to the ground below and sit upright looking at them. At last I picked my gun up, loaded with heavy charges of birtf shot. “If's mo use trying to |hit him,” said Farris, my companion, anold woodsman. “He’ll dodge the flash of your gun. The most you can do is to scare him away.” ““As the weasel sat upright and motion- less on one of the bottom logs of the camp I took a careful sight and fired with my right barrel at him. The smoke cleared away but no weasel was to be seen, al- though the place where he had sat was fiep red with fine holes where the shot adP:Lruck within a space as large as the alm of my hand. If the weasel had been Ei( he would have been found and he had evidently dodged at the flash of the ex- losion or perhaps the fall of the hammer. gu\‘. the shot had the effect of frightening im away, for we had no more visits from him during our stay.” AND THE CAT COAME BACK. Declined to Be Sold to Gain Pocket- Money for Two Lads. ‘“When I was a small boy,” said a New Yorker the other day, ‘“my younger brother and T heard that the medical col- lege superintendext bought dogs, rabbits and pigeons for dissection. We had a fine old tortoise-shell cat and made up our minds to bag him and get some pocket- money. I think that cat knew we were up to some mischief, for he scooted into the cellar almost the moment we went to look after him. We got the clothespin-bag, dumped the pins out in the yard and sneaked into the cellar after our game, Thomas had taken refuge under the front of the house in a part of the cellar not fin- 1sned off at that time. We could only tell he was there by the fact that his eyes gleamed like fireballs. I crawled into the Elace and drove him out. My brother agged him promptly. We pinned the openings firmly and twisted enough of the corners to make handles. We each took hold and started for the medical college. How that old cat did claw! “Finally we reached the college and went up to the second floor to the superinten- dent’s office with palpitating hearts. It is doubtful if the cat was more frightened than we were at the time. Once in the room with the superintendent we dropped the bag and told him it contained a cat we wanted to sell. ‘All fifiht_, boys,’ said he, ‘if the cat is any good I'll give you a quar- ter for him.” We removed the pin from the bag and the cat crawled out, frothing at the roouth, and ran under a stove in the middle of the room. Then I discovered a window open in the other sideand had just called the man’s attention to it when that cat jumged to the sill and disappeared. I ran to the window and saw him making tracks across the yard. I watched him climb over the fence and our expected quar- ter with him. The man tried to console us by showing us what he called his college menagerie. Just one week later that cat came back to the house, fully two miles from the college, to which we had carried him blindfolded.”—New York Recorder. et e A Robin Caught in Chancery. Do birds rememberinjuries? One severe winter the deep snow had been thrown off the steps of the window and formed a heap in which there were many cavities. It was my custom to feed the birds every day after meals with whatever scraps I could get, especially scraps of fat meat, bits of apple, etc. One day it occurred to me to place the food in the cavities of the snow, just to see how the birds would act. ‘Among those which came daily to be fed 'was a robin redbreast, one of the most self- confident and guarrelsome of the English warblers. He had taken upon himself to be the boss of the place, and drove every bird away from the tit-bits. In one of the cavities I had placed a fine siece of fat, and the robin poked his head in; then went right in to enjoy the delicacy. In the twinkling of an eye two little bluetits—small, pugnacious birds—were at the entrance peggmg at him behind. Finding that he could not back out, the robin turned round to face the foe, but they kept up such a perfect fusillade of &e s that he gave in and drew back as r as he could. When the bluetits went away he came out looking crestfallen, and whenever his enemies aj red _on the steps kept his distance. The bully had mastered a lesson for once. S0 Now, simple as such an incident is it is indicative of what we cannot well hel, elllini“msoning wer.” The bluetit is smaller bird than the redbreast, has a less esmzmrlul beak and is not much accustomed to be on the ground, for his habit is to hunt for insects among buds. He would have no chance in the open, but he recognizes at once ‘*‘the hole” the red- breast had put himself in, and in conjunc- tion with an ally he takes advantage of it. To go no higher in the intellectual world, 1o schoolboy could have acted more craft- ily.—Philadelphia Press. HE NEVER TQOK A DRINK, Governor Burnett Was a Very Modest Man and a Total Abstainer. THE LEGISLATORS WERE NOT. Senator Green Had a Barrel of Redeye That Molstened Law- Making Throats, ‘When Peter Burnett was Governor of California “rhe Legislature of a thousand drinks” held forth in the Capitol at San Jose. The members of that very thirsty body moistened the legislatorial whistle with many and oft - repeated doses of “forty rod,” but the first duly elected Governor of the Btate was not with them. He was a total abstainer in an atmosphere of conviviality. He tilted not the rosy glass, and was conspicuous by his absence from barrooms—the only clubs of those halcyon days—and yet he was one of the most pepular men of the time. The governmental wheels moved smoothly on—the thirsty Legislature at one end, the recently dead Governor at the other. Laws were passed and signed— good laws, too, which still stand on the statute - books; the Governor kept on abstaining and the saloons irrigated the arid spots in their composition with the hottest kind of liquor. The Governor was a quiet, modest, retiring sort of man, con- spicuous almost as much for this as for his teetotalism, which was regarded at the time, so the old-timers say, as almost mar- velous. Everybody had money in California in ’49 and the male population drank quite freelv. from all accounts. Prominentmen of all professions—lawyers, doctors, bank- ers, miners and merchants—met and trans- acted their business in saloons, and the re- porters.on the newspapers flitted contin- ually from one to the other in the capital city of San Jose in their search for news. There were reporters even in those days who had not the necessary copper-lined interiors to stand the alcoholic inpour, and in desperation, it is told, they were com- elled to join the Sons of Temperance and ollow the brilliant example of Governor Burnett. 5 Things were alcoholic enough in those palmy days, but not so thoroughly satur- ated as some of the chronicles would lead one to believe. The Legislature of a thou- sand drinks was really not the bibulous body its name implies. It was given more by way of a joke than anything else, but, like many other jokes, it happened to stick, and has been handed down to the sec- ond generation for what it is worth. A representative named Green was really re- sponsible for the title. Hedid it all with a barrel of what was said to be the finest whisky then in San Jose. Whether he used it for lobbying purposes or not does noi come down, but 1t is certain that one of the committee-rooms into which the barrel was last seen to have been rolled after its arrival in San Jose had many hourly visitors. S “Come on, fellers,” was Green’s familiar invitation, “and let us have a thousand drinks!” The invitation was always the same and the acceptances were similarly prompt. Day after day the committee room was thronged and so constant was the drain on the refreshment that it became suspected that the representative who was engineer- ing the barrel had replenished it more than once. Then some newspaper men got hold of the story, dubbed the body ‘‘the Legis- lature of a thousand drinks,” and there it was and there the title has stuck ever since. That Legislature did %ood work and plenty of it, and the level, clear head of the total abstainer in the executive man- sion looked after the rest. For the short time he was in office, with so much in the machinery of the new government to put in place and regulate, Governor Burnett di?layed a wonderful amount of energy and developed a vgflsp of affairs that was truly masterly. hen he wrote his letter of resignation it was with regret that the people of the State heard of his determina- tion to retire from the head of affairs. Some powerful motive they knew must have moved him_to the step he had taken and they complained not at his action. But very few people then or since knew of the motive that im%elled Governor Bur- nett to retire from office before his term had expired. The generally accepted rea- son was that the work was too much for the quiet executive, and that he stepped down to save his health, That reason was incorrect. ~Governor Burnett became a grivate citizen for the purpose of saving is fortune, which was tottering in the panicky gales of the fail of 49. The sum- mer had witnessed the squatter riots in Sacramento and the big fire in San Fran- cisco; there had been a visitation of chol- era, and banks and business houses tot- tered after the first collapse in real estate values. Hundreds of quickly made for- tunes were vanishing, Governor Burnett’s among the rest. He resigned to save it from the wreck, and, more fortunate than many others, succeeded. Heé had strong anti-Chinese and anti- slavery views, and it is certain that had he seen fit to enter into National politics he would have madea name as & statesman that would have ranked with those of the illustrious men of the past half century. “DIXIE” THE SPOILS OF WAR, Lincoln Sald the Song Became the Property of the North. In writing of the receipt of news of Lee's surrender, Noah Brooks says in the Century : As the afternoon wore on an impromptu procession came from the navy-yard, drag- ging six boat howitzers, which were fired through the streets as they rolled on. This crowd, re-enforced by the hurrahing legions along the route, speedily swelled to enormous proportions and filled the whole area in front of the White House, where guns were fired and bands played while the multitude waited for a speech. The young hope of the house of Lincoln— “Tad”—made his appearance at the well- known window from whick the President always spoke, and was received with great shouts of Ap&huse, ‘whereupon he waved a captured rebel flag, to the uproarious de- light of the sovereign people below. %Vhen Lincoln came to the window shortiy after, the scene before him was one of the wildest confusion. It seemed im- possible for men adequately to express their feelings. They fairly yelled with de- light, threw up their hats again and again, or threw up one another's hats an screamed like mad. From the windows of the White House the surface of that crowd looked like an agitated sea of hats, faces and arms. Quiet being restored, the Presi- dent congratulated the people on the occa- sion which called out such unrestrained enthusiasm, and said that as arrangements were being made for a more formal cele- bration he would defer his remarks until that occasion, “for,” said he, “I shall have nothing to say then if it is all dribbled out of me now.” He said that as the good old tune of “Dixie” had been captured on April 9 he had submitted the question of its owner- ship to the Attorney-General, who had decided that the tune was now our lawful property, and he asked that the band should pla it, which was done with a will, ‘“Yankee i)oodle" lnllowing. Then the President pcho”d three cheers for Gen- eral Grant and the officers and men under him, then three cheers for the nayy, all of which were given heartily, the President leading off, “waving his hand, and the laughing, joyous crowd dispersed. NEW TO-DAY. 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While I indorse the analysis of Professor Wen- zell as one of our best chemists I concur in every Tespeet {n the opinion of C. F. Jones as regards the Antoinette Preparations. DR. ERNEST LICHAU. This is to certify that I know Professor Wenzell and believe his report to be correct. ‘W. M. MURPHY, M.D. Trial samples of three of my Complexion Spe- cialties for 50 cents. Enough 1o last two or three weeks. Just what you require. MME. MARCHAND. MME. HARCHAND, Hair and Complexion Specialist, 121 POST STREET, ROOMS 32-36, Taber's Entrance. Telophone 1349, COAL ! -$10 00 950 7 00—£alf ton 850—~Half ton 425 8 50—Half ton 425 wood, $1 00. COAL! ENICKERBOCKER COAL CO., 522 Howard Street, Near First.