The San Francisco Call. Newspaper, May 23, 1895, Page 7

THE SAN FRANCISCO CALL, THURSDAY, MAY 23, 1895. 7 . MAY 23,18!% CITY ITEMS IN BRIEF. The jury in the Worthington murder case has not yeragreed upon & verdict. Mrs. Eunice Westwater is preparing to file a suit for damages 8gainst Grade Church. A motion for a nonsuit in the case of Loomis against Somers was yesterday denied by Judge Daingerfield. Delmas & Shortridge yesterday filed an an- wer to the suit of Rudolph Spreckels against the Nevada Bank. The winning horses at the track yesterdey were imp. Miss Brummel, Olivia, Rico, Joe Cotton and Thelma. Four saloon-keepers were each fined §5 ves- terday by Judge Joachimsen for using nickel- in-the-slot machines. Yesterday s suit wes filed by Rode & Co. against Assessor Siebe, 10 test the Constitution: ality of the new tax law. _The weather forecast for to-day in San Fran- cisco is fair, nearly stationary temperature and winds in the afternoon, Arrangements for the celebration of Mem- orial Day, on May 30, are progressing rapidly among the G. A. R. posts of the City. Mre. Behlmer, 128 Third street, was knocked down by an electric car last Fridey, and has been under medical treatment since. The wives and daughters of the Vetersn Firemen held high ball on Fourth street Tuesday night. General Warfield m senior field officers last evening in the California Hotel and dis- cussed with them the needs of his command. & Co. was yesterday attached upon & judgment in favor of Shane & Co. in the sum of $719 64. Thomas King, an old miner living at 462 Minna street, committed suicide at the Receiy- ing Hospital last night by strangling hims:1f. C. . McLaughlin hassued the Western Union Telegraph Company for 50 for damages sustained through the misspelling of & name. Two informations charging Durrant with the murder of Blanche Lamont and Minnie Wik Mams were yesterday filed in the Superior Court. M. D. Bornck, editor of the §pirit of the Times, is recovering from a severe illness that Bes képt him conined (o bis room for two weeks. Manager T. K. Moore of the Auditorium swore out warrants yesterday for the arrest of George Osgood, his egent, for forgery and em- bezzlement, William M. Gregory, who was convicted on Tuesday in Judge Low'scourt of impersonating polics officer, was yesterday sentenced to pay afine of $10. Trustee Isaac Harris of the Mercantile Li- brary gave his reasons yesterday why the Free Library trustees should accept tne proposition to consolidate. A number of English cornorations have filed suit against the Fresno Irrigation Company, ch-rginf their agent, 8. J. Menzies, with serious abuse of trust. John Barrett, hostler at the racetrack, was held up by two men and robbed of $1 80 at Sixth avenue and D street at an early hour yesterday morning. The Valley road directors, Governor Budd, Mayor Sutro and the Harbor Commissioners met vesterday and decided on the form of the lease of China Basin. Carl Limaruty, who established the first place in San Francisco in which & man wes the dress- maker for women, nearly thirty years ago, is still & resident of this City. Policeman L. B. Gordon, who was convicted in Judge Joachimsen’s court on May 15 on the charge of battery upon Frank O'Brien, was granted a new trial yesterday. M. J. Kilgallon of Denver, and John Riordan defeated P.'T. Donnelly, the amateur nandball champion, and R. Linchan at the Occidental court last night by three games to one. Rev. C. O. Brown s the Fabian Club has made misstatements about him in its resolu- tions concerning Professor Herron, and that it wants to cause dissension in his church. A petitlon of the Congregatfon Ohabal Ehalome for leave to mortgage its property on Bush and Laguna streets for the sum of $6 4l be heard by Judge Sanderson on the 27th nst. Asa Fisk, the wealthy money-lender, was be- fore the License Committee yesterday, protest- zainst having to pay & broker’s license of & querter, but the committee decided egainst him, There will be given a musical and entertain- ment for the benefit of the Continental Silver band at Social Hall, 102 O’Farrell street, on Fridey evening. An interesting programme bas béen arranged. Attorney-General Haskell of Montana has arrived here to marry Miss Ella C. Knowles, who is his sssistant and the woman who ran against him and came very near defeating him for his office in 1892. Vigi Vannucei, a teamster, who was arrested last week on a charge of obtaining goods by false pretenses, had his case dismissed by Jud, Low yesterday, as he was able to prove that ‘was not the right man. The Commercial High School has now one of the best-equipped manual training schools in the West. A complete manual course for boys and one for girls have been added to the com- mercial features of the school. Alexander Dumont, saloon-keeper, 513 Mont- omery street, was found yesterday morning tn his saloon with a bullet wound in his mouth, which he said had been made by a tall Tobber: but the police believe he attempted to commit suicide. The organization entitled the State Council of the St. Patrick’s Alliance has petitioned the Buperior Court for leave to change its name to Bt. Patrick’'s Alliance of America, on the fm‘md that the other name is ‘‘cumbersome, jong and never used.” Miss Lizzie May Burke, aged 24 years, who came here from Yolo several weeks ago and was attended by Dr. George O'Donnell, died at St. Luke’s Hospital yesterday. An inquest will be held to determine whether an operation performed on her. The Supreme Court decision coneerning the income tax throws 500 men outof employ- ment. The Pacific Coast States are not hurt much in this direction, however. Collector Welburn thinks the court made a at mis- take in declaring the law unconstitutional. A “tea of roses” will be served this evening after 6 o'clock at the Young Men’s Chris- tian Association building, corner Mason and Ellis streets. The affair is given by the Ladies’ Central Committee of the German branch, '\h& C. 4., for the benefit of the furnishing un The Grand Grove of the United Auc ient Order of Druids of California has sued the Gar- 1baldi Grove No. 71, U. A.0. D., C. Duchein, its treasurer, and John ‘H.mKnlrlt:nnd Jor 8054 15 and the property of the subordinate grove, ‘which was affm){-zu on June 22, 1893,‘:5 an offending grove. The local wheat market has been decidedly siuggish except for the last two days. Prior to that time the Eastern and European markets showed a gradual rise each day, though this did not effect the situation here. The trouble is said to come from the syndicate wheat, the ;flhipperl combining to buy only at their own gures, The Levins-Wood trial was continued in the United States District Court yesterday. The prisoners are cherged with sending obscene matter through the mail. Some of the pice tures and reading matter put in evidence by the Postoffice lns[;eclors are of a disgusting character. Chief Inspector Erwin was on_the stand the greater portion of the session of the court. His testimony was very damaging. It is surmised that others beside the Levins and Wood will be drawn into the toils before the case is over. The case of the United States nFnin!! Jane L. Stanford, executrix of the Staniord estate, to recover §£15,000,000, alie%?d 1o ba due Uncle Sam, will begin in the United States Circuit Court on June 3. Ex-Judge Eugene R. Garber has been added to the list of Mrs. Stanford’s attorneys, and he in company with Russell J. ‘Wilson “will_attend to the defense. Special attorney L. D. McKisick and United States Dis- trict Atlorney Foote will look aiter the Gov- ernment’s inerests. S. Homer Henley, the popular young basso- cantante who takes the partof the Baron in the “Artist’s Dream” at the California Theater on Thursdui‘ and Fridav evenings, Ml¥ 23 and 24, is rapidly making his way to the front in the musical circles of San_Francisco, although young in the musical profession. His magnifi- cent voice and artistic temperament have gained for him most flattering encomiums from the leading critics. Mr. Henley is Igupu of Professor W.J. Batchelder, who predicts for him a great success in concert and oratorio, Yesterday & transcript on appeal was filed with the Supreme Court in the case of Wallace Bradford against the Supervisors and other City officials to enjoin them from paying the City’s debis out of the proceeds or the next fiscal year. The complain: alleges that eve taxpayer will be burdened by such action an thet innumerable suits between contractors and the City will result. It has been main- tained on the other hand that greater damage to the interests of every citizen would result from neglect to carry forward the functions of government and maintein the various de- partments of the municipality. nks at the association’s | The furniture house of F. W, Kreling, Sons | THE SCHOONER CAME BACK Second Return to Port of the Luckless Golden Gate for Repairs. THE GOVERNOR GOES TO SEA. Odd-Appearing Shallow Draught Steamer Designed for the Yukon River. The young miners from this City who have manned the little schooner Golden Gate for a summer jaunt among the min- erals of Alaska seemed destined to sail around their starting point forever, She put off a few days ago, but was | forced to return with a broken pump. Re- pairs were made and yesterday she started again for the north, but before she ot out to sea she collided with the steam schooner | boom. The vessel came back, and is now | in Oakland Creek. 1t will be a week or two before she can be repaired, and it is very doubtful whether Alcazar and lost her bowsprit and jib- | Francaise makes an offer to the amateurs who_desire to perfect themselves in vocal music. Commencing on the 1st of June it will, without cost, give lessons twice a week for three monthsto the new members or those who signify an intention to be- come members. The French Culinary Society will give a vicnie at Harbor View on Sunday, June 2. ORDERS WERE FORGED. Manager Moore of the Auditorium ‘Wants His Agent, George Os- good, Arrested. T. K. Moore, manager of the Auditorium, corner of Eddy and Jones sireets, appeared in Judge Low’s court yesterday and swore out warrants for the arrest of George Osgood on the charges of forgery and embezzle- ‘| ment. Osgood was employed by Manager Moore as an agent to solicit advertisements for the drop curtain in the theater. He claims that Osgood had been forging orders for advertisements and had collected commis- sion from him on these forged orders and | had also drawn money on them. The particular case of forgery charged in the complaint is in forging an order in the name of Charles Mayer of the California Cleck Company for an advertisement on | the drop curtain. | PICNICKED AT THE PRESIDIO. Nathaniel Gray and Annie Pixley Kin- dergartens Enjoy an Outing. The children of the Nathaniel Gray and | Annie Pixley kindergartens enjoyed a | | [Sketched for the SEELETON STEAMER BEAVER BUILT FOR THE YUEON RIVER. “Call” by Coulter.] she will make the proposed journey, as her ferew of miners are discouraged with their ill fortune. The Oceanic steamship Australia sailed Tuesday for Honolulu, Apia and Sydney with the following cabin passengers: J. A. Blattan, 8. M. Ballon, James Brown, William Blaisdell, Miss K. Cummins, Payson Caldwell, Mrs. M. Clark, Rev. G. F. Draper, wife and three children, Mrs. Charlotte P. Draper, Thomas Deane, Henry Fisher and wife, Miss H. G. Forbs, Miss Louise B. Goff, Myron Herrick and wife, Parmely W. Herrick, F. A. Healy, J. A. Hopper and wife, the Misses Ho) ey H, Hall, Mrs. E. L. Hall, H, Holmes, J. . Heitmann, Miss Kate Johnson, Willie Kerr, Mies F. Layton, Mrs. Miner and child, A. D. Mc: Bride, F. W. Macfarlane and wife, Miss Nettie Oskemp, P. Peck, L. Peck, John Radin, Dr. R H. Reid, Mrs. S.'I Shaw, Bishop Waldon and wife, Miss Waldon and Miss Florence Wells. Captain Mathew Turner, the ship- builder, has lately turned out two steam- ers for Alaskan waters which are now be- ing shipped thither on the brig Geneva. One is the Alice, 160 feet long and about 400 tons burden. She contains over 100,000 feet of lumber and is being loaded onto the brig in sections. The other is the little stern-wheel steamer Beaver. She weighs just seventeen tons, but when stripped of her boiler and wheel for hoisting aboard the Geneva, she will balance the scale at twelve tons. She draws about fifteen inches of water and is ad- mirably fitted for the shallow tributaries of the Yukon, where she will be used. The vessel is of twenty tons burden and her en- gine is about thirty ‘horse-power. She is without house or deck and her machinery, completely exposed, gives her an uncanny and skeleton-like appearance, The Tillie Starbuck finished discharging her cargo yesterday and will start for Honolulu to-day. The Manuel Llaguno, with which she was racing, got all her general cargo out last night. She has still 100 tons of coal in her hold, which it is ex- pected will be taken out to-day, and to~ morrow or Saturday she will start in pur- suit of the Tillie Starbuck, and there will be a merry ocean race to Honolulu. The big four-masted schooner Gardiner City is to have her rig changed to a three- masted barkentine. Yesterday Governor Budd hoisted his flag aboard George A. Knight’s naphtha cruiser Athlete and went to sea. The Governor is an enthusiastic commander of an extensive fleet of his own—namely, a gasoline launch, a hunter’s ark, a duck- boat, an Indian canoe and a punt—all of which he has been in the habit of getting under way. His Excellency took the wheel, Acting Engineer Knight started the machinery and Harbor Commissioner Colnon kept a bright lookout. : 'fixe cruise was through China Basin, and the man_at the helm noted the futare wa- ter terminal of the irent Valley Railroad while he listened to the engineer’senthusi- astic praise of the pretty new craft they were sailing in. Out in the bay they caught quite a heavy swell, which pitched the Athlete around quite lively. STRYCHNINE WAS FOUND. An Analysis Shows That a Large Quan- #ity of That Drug Killed Mrs. Matthews. Mrs. Jennie Matthews, who died last Saturday night after accusing the assistant superintendent of Laurel Hill Cemetery of having poisoned her, is not likely soon to be forgotten. In her ante-mortem state- ment she said that he had forced her to take an arsenic pill, and sheis in a manner corroborated by her six-year-old daughter. The stomach and its contents were sent to Chemist C. L. Morgan for analysis, and after a partial analysis he reported yester- day that quantities of strychnine were found. Professor Green also made an analysis, and he found traces of the deadly drug. The police are of the opinion that it was a case of suicide, but as soon as the chem- ist files his official report a searching ex- amination into the };cts of the case will be begun. THE FRENCH COLONY. Preparing for the Fourteenth of July. To Elect the Physicians. The committee of arrangements ap- pointed to manage a monster picnic, by which the meeubers of the French Colony of Ban Francisco propose to celebrate the anniversary of the Fall of the Bastile, has chosen the following officers: Honorary resident, L. de Lalande, Consul for ‘rance; president, Sylvain Weill ; first vice- president, P. A. Bergerot; second vice- resident, F. Lacoste; treasurer, Jules lean ; secretary, J. Deschamps. A com- mittee was named to select a site on which the fete champetre can be held. The following physicians are candidates for the medical staff of the hospital of the French Mutual Benevolent Society, who are shortly to be voted for: For resident physician,” Dr. J. D. de Chantreau of the faculty of Paris; for visiting physicians, Dr. G. Grossof the faculty of Btrasbourg and Dr. F. Bazan of the faculty of Paris; for oculist and aurist, Dr. K, Pischl of the faculty of Innsbruck, Austria. The choral society known as La Lyre pleasant picnic on the Presidio Reserva- tion yesterday. Over a hundred of the happy little folks, under the care of their teachers, the Misses Mary Ames, Eva Cullen, Elena Worley and Agnes Ritchie, romped, danced, sang and occasionally slept among the acacia groves. hey were supplied with lunches by the ladies of the First Presbyterian and St. Luke’s Episcopal churches, under whose patronage the two kindergartens are sus- tained. The Union-street line gave them {ree transportation. WILL SUE GRACE CHURCH, Mrs. Westwater Is Preparing to File a Complaint for Damages. In the Last Suit Rev. R. Foute Avolided Golng on the Wit~ ness-Stand. The end of the trouble caused by the summary dismissal of Mrs. Eunice West- water from Grace- Church has not come yet. Inafew days a suit for damages will be filed in the Superior Court against Grace Church. ‘“‘My wife’s health has been very much affected by the unpleasantness arising out of the whole affair,” said Robert West- water, husband of the singer, yesterday, “but she is placed in the position of having to choose between injustice or the notoriety of a lawsuit, and she has decided to commence the lawsuit. “In Beptember, 1893, the organist at Grace Church told Mrs. Westwater that he had heard she contemplated resigning her position suddenly, in order to sing else- where. This migestion worried her, for she would never have deserted her position without giving due notice. Seeing how seriously she took the organist’s words, I called upon Rev. Robert Foute that even- ing, and told him that Mrs. Westwater had no intention of leaving Grace Church, and that if he wished she would undertake never to leave his choir without six months’ notice, if he on his part would agree to the same conditions. Dr. Foute readily assented to this.” The contralto’s husband went on to ex- lain how the new soprano, Miss oble, has shown no love for Miss West- water. “We claim that their action was what is called ‘a put-up job’to get rid of my wife. Dr. Foute, who had been musical director, suddenly retired last February in fayor of a committee of ladies consisting of Mrs. W. H. Crocker, Mrs. Wilson and Miss Gwin. Mrs. Crocker at once wrote a_ letter of dismissal to Mrs. Westwater, which was very wounding in tone—it was evidently intended to wound. ‘‘When we began suit for the fulfillment of the contract Dr. Foute said he had no remembrance of huvius made a verbal contract with me. My desire was to see what he would say on the witness-stand and for that reason I readily granted three continuances, but he never appeared and the case went last week by default. It has been said that Dr. Foute had no right to make any contract with a singer, but he has frequently acted as the accredited agent of the church in musical matters, as we can readily prove.”’ Mrs. Westwater’s lawyers are W. W. Foote and A. T. Vogelsang. The latter entleman, when questioned respecting he suit, said: “The complaint isnot filed, ‘We have yet to confer with Mr. Westwater, which we shall do to-morrow.” The charges Mr. Vogelsang stated to be damage to Mrs. Westwater’s artistic rep- Gtation by her sudden dismissal from the church where she had sung so long and also the injury done to her iealth by the charges. ‘‘Mental agony, we call it in law,” he said. “Mr. Foote, who has seen Mrs. Westwater, says that she is in a highly nervous condition.”’ This statement is borne out by the testi- mony of Mrs. Westwater's friends, who say that brooding over her dismissal has Kre ed so much on_her mind that her ealth is seriously affected. SrE————— Robbers Near the Racetrack. John Barrett, a hostler employed at the race- track, wdunheég“up by two men on Bixth ave nue an streetat an early hour yesterd morning and robbed of §1 50. all Kg:' man:; he had in his pockets. He walked to the Cen- tral police station and reported the Tobbery, ‘When asked by Ser{::ntw ttman if he was not afraid of being robbed again while on the way to the ls;lnlon,ohs innounfly‘ lied, “No, be- ceuse I have no more money.” Th iuvestigating the case. y 2 Painine Exempt Firemen, Ata meeting of the Exempt Fire Company }ut ;u:{lnd;y Governor James H. Budd, Rey. ACO! oorsanger and Calvin Ewing were elected members of the association. !During the month the association paid $350 to wido and orphans and for eick bep:sfltm it v LIRS U iy CATARRH cured and nd pay until cnred. Treatment at oftice free. 925 Howardstreet. * SETTLED ON THE LEASE, Valley Road Directors and Harbor Commissioners Agree at Last. WILL BE SIGNED IN A WEEK. Several Changes Made in the In- strument That Were Satis- factory to AllL e The lease of the China Basin has been definitely settled at last, the Harbor Com- missioners, Governor Budd, Mayor Sutro and tbe Valley road directors having reached an agreement yesterday as to the form of the instrument. The lease will probably be signed on Wednesday. A meeting was held yesterday morning at which there were present Governor Budd, Mayor Sutro, Harbor Commissioners Col- non, Cole and Chadbourne and Attorney . S. Stratton, representing the State and Vice-President Robert Watt, Second Vice- President A. H. Payson, Directors Charles Holbrook, Thomas Magee, Isaac Upham, John D. Spreckels, Leon Sloss, Alvinz Hayward and Attorney E. F. Preston of the San Francisco and San Joaquin Valley Railway Company. Acting President Watt and Attorney E. F. Preston did most of the talking for the directors, while the Governor was spokes- man for the State and Mayor Sutro had but little to say except to define his posi- tion, and he declared in emphatic terms that he was the friend of the competing road and the friend of California, Hewas assured by Mr. Watt that the company did not’object to his amendments, and ‘with this assurance given his Honor declared himself in favor of the lease. There was considerable debate, and two lively tilts be- tween the Governor and Messrs, Hayward and Preston added to the interest of the proceedings. The directors had three objections to offer and the Commissioners gave way to thent. They asked that the retaining wall clause be eliminated; that the timé for building fifty miles of road outof San Francisco be extended from five to ten years, and that the clause “whether by operation of law or otherwise” be stricken from the forfeiture provisions, President Colnon called the meeting to order, stating that he believed that the object was well understood by all. The minutes of the preceding meeting relating to the communication from the committee of the Valley road were read. Harbor ~Commissioner Chadbourne moved to proceed to business. Governor Budd suggested that the directors be heard from. 1 see they are all here,”” he said, with a smile. Acting President Watt, on behalf of the Valley road, addressed the Commissioners. “I think,” said he, “‘that che letter to the honorable body expresses the feelings of the board. We cannot add anything to it. The board does not object to being bound by all the requirements of the law, but, as you are aware, we must build 230 miles of road before we can come here, and this will come very near exhausting our re- sources. We must come to San Francisco, for the largest amount of capital investeq comes from here. To do this we musy bond the road. While we do not wish to turn over the China Basin lease, it will be necessary for us to include it in a mort- gage of the road. No careful capitalist would accept a mortgage on a road with- out a terminus, and we do not think that it is the purpose of this board to hamper us. “With raglrd to the retaining wall I will say nothing, as I understand that you have expressed a willingness to knock out that clause. We should like the clause which gives us only five years in which to build into San Francisco eliminated alto- gether, or at least have the time extended. We cannot tell what complications may arise to hinder our work. gbstruclions in the way of lawsuits over rights of way may be forced upon us, and there is no telling how much time may be sacrificed. You can with safety eliminate the clause altogether. You are assured that we must come to San Francisco, and ought to be satisfied with our intention to do so.”’ “As that was my amendment,” said Commisgioner Cole, ““I suppose I should answer your objections to it. Our object in granting China Basin as a terminal is to have the terminus in San Francisco and not somewhere up in the San Joaquin Valley.” "V\g certainly shall do that,” responded g&r.i Watt, “but we want time in which to o it." ““There would be no profit in running a road out of 8an Francisco at the start,” said the Governor., “I would be in favor of extending the time. It will be a long time before any road limited to California can be made wray." S “The object of a competing road,” con- tinued Mr. Watt, is to bring goods from the interior to tidewater, and when we reach here the benefit to San Francisco will be great.” “Iam in favor of extending the time,” said Governor Budd. “‘Say ten {enn." suggested Mr. Watt. “Iam in favorof that,”” acquiesced the Governor. f you are allowed to _mortgage China Basin,” continued his Excellency, ‘“you would have tolimit the time. If the mort- Eage on the road were foreclosed you would ave to sell the basin.” ‘‘If the road can’t meet the bonds when tney fall due the bond-holders take it as preferred stockholders, and as such they merely take the place of common stock- holders.” “‘But as such," said the Governor, “they can squeeze the others out,” ““They could squeeze the others out,” as- serted Mr. Watt, “but they will have to step in our shoes and they would have to take it on the terms of a competitive road.” *‘But that would be an assignment, and E’" law is against it,” retur: Ve, ‘‘Give us the lease in the language of the law,” replied Mr. Watt quicklg. o *“I don’t think that that would be satis- factory to the-Legislature which passed the law or to the people, and the law was loosely drawn.” “I don’t know about the Legislature, but I know what the feelings of the people are in the matter, and I think that_the Legis- lature knew that the road would have to be bonded.” “‘No, they did not. Mr., Preston assured us in Sacramento that the road would be built on a cash basis,” ‘‘You have said that before, Governor,” chimed in Colonel Preston, *but I think you are in error.” 4 ‘‘I don’t think s0,” retorted the Execu- the Execu- ive, “‘Great minds differ,”” said the attorney with a laugh. “Have you got a great mind, Preston?” queried the Governor quizzingly. “I haven’t, although I may sometimes have a bx'ql head.” ‘hen Governor Budd read the lease as draited by Colonel Preston, calling atten- tion to a clause against zha assignment of the same, The old ground was gone over again and all the arguments pro and con resumed. Mayor Sutro explained his posi- tion again and ug:ed that his amendment regarding the subletting of privileges in no way interfered with selling bonds and paid -his respects to the octopus in unmis- takable terms. K “‘We don’t object to those restrictions,” said Mr. Watt, “‘either as to the subletting or Pooling.” i “‘SBuppose you state your objections,” suggested Commissioner Cole. ““We want to have the lease so drawn that we can bond the road,” returned the vice-president. :'~uppose that the first series of the bonds fell due in ten years,’ interjected the Governor, “and you could not redeem them, then the road would be sold.” A “Do you think that that can be done? asked Alvinza Hayward. “I know it can be done,” responded the Governor. “Idon’t suppose that it will be done by you gentlemen, but we cannot tell ‘who will be your successors.” I am surprised to hear the Governor of the State raise such questions,” said Mr, Hayward. ‘I don’t know whether you are aston- ished or not, Mr. Hayward,” retorted the Executive rather warmly, “but I am here to see that all provisions are made for the protection of both the roaa and the State.” Later on the Governor and Colonel Pres- ton bad a tilt about the lease as it was pre- sented in Sucramento. “If the lease which you had submitted in Sacramento had Leen approved,” said his Excellency hotly, “it would have ruined your company; and now Mr. Hay- ward tells me that he is surprised at my raising questions. I have done everything in my power for the interests of both the State and the Valley road.” 0il was poured on the troubled waters, and Colonel Preston suggested that the as- signment clause referred only to the vol- untary surrender of the lease. “What we object to mainly,” he said, “‘is the clause ‘whether by operation of the law or otherwise,’ That occurs in this paragraph: And the s2id party of the second part does hereby further Covenant, promise and agree that it will not assign this lease, or any interest therein, nor transter to any other person or corporetion any right or privilege conferred on the party of the second part by this lease, and that any attempted transfer or assignment, whether by operation of law or otherwise, shall ai the optfon and eiection of the party of the first part render this lease void and terminate all rights under it. “TI see no reason why that should not be stricken out,” said the Governor. “Do you, Mayor?” ‘‘None whatever,” returned his Honor. The Harbor Commissioners concurred, and Messrs. Watt and Preston said that was all that was wanted except the exten- sion of the time required to build fifty miles of road out of San Francisco from five to ten years and the elimination of the retaining wall clause. The three provisions ‘were then read over one at a time, and as each one was read it was granted by the board. Just before the meeting adjourned Thomas Magee, who had not ~before spoken, made an eloguent speech on be- halfof the road, of the great good which would result from it, and incidentally spoke of, the great expense which its con- struction would entail. He added that it was probable that two lines would have to be run through certain parts of the valley. In the afternoon Governor Budd and the Harbor Commissioners met to revise the lease, Mayor Sutro’s sanction to their action having been obtained in the morn- ing, and after the changes and elimina- tions had been made Governor Budd made the following motion: “I move that this lease be the lease adopted by the State Board of Harbor Commissioners, that its attorney be in- structed to draw proper resolutions toward the approval of the lease and that the directors of the San Francisco and San Joaquin Valley Railway Company be re- quested to enter into this lease, execute it and transmit it to us and we will there- upon execute it ourselves.” he motion was carried and the secre- tary was iustructed to apprise the direc- tors of the Valley road of the action of the board. The meetling then adjourned to the call of the chair. President Colnon was asked after the meeting when the lease would be signed. “Thal rests with the Valley road direc- tors,” said_Mr. Colnon. “‘They meet next Tuesday, I believe, at which time 1 pre- sume they will elect when the lease is to be signed. I suppose the date will be fixed for next Wednesday. The Governor leaves for Bacramento to-night and will return on Wednesday.” 10 EMULATE PAGANL Pietro Marino Is Desirous of Studying With Ysaye at Brussels. Words of Commendation From the Great Violinist to the Ambl- tious Youth. Several young musicians of this City are congratulating themselves upon the fact that Ysaye is visiting 8an Francisco. The eminent violinist has been besieged on all sides by players of all grades—good, bad and indifferent, who have sought his opinion upon their performances on stringed instruments. One or two young dl Z Pietro Marino, Who Will Study With Ygaye. violinists have heard words of encourage- ment from the master’s lips; others, alas! have not been so fortunate. Of the fortunate few who have received commendatory criticisms is Pietro Marino, a young man of Italian parentage. Pietro is but 16 years of age, yet he already per- forms with credit. He has been to Europe, but recently came here with his parents. ‘When Ysaye commenced his concert season at the Baldwin, the boy went to hear him, and when he came home he be- sought his father and mother to get him an audience with the great violinist, This was granted him, and, at the request of Ysaye, he played the ‘‘Sceno Ballet,” a rather difficuli composition for the violin. His rendition of the piece was highly satis- factory to the master, who wrote & short testimonial of his abilities as follows: MY 17, 1895, ‘The young man has talent, and I think tl if he works well, some d-{n he will become 0od artist. Tne best thi to do is to have im come on September 15th or 20th to take some private lessons of me, and then from an assistant for the beginning of his studies, then later on he can enter the conservatory. E, YeAYE. The young man’s father and mother, feeling that the words of Ysaye are pro- ghenc of future greatness for their son, ave determined to allow him to go to Bruseels, where he will study at the Con- servatoire. 7 And so Pietro Marino, aged 1634 years, is fired with ambition to emulate’ Paganini. He will start to do sc in the month of August. THERE is an article on this market seldom equaled and never excelled—Jesse Moore Whis- ky. Moore, Hunt & Co. guarantee its purity. * BEFORE THE_ FOOTLIGHTS,| Continued Success of Humpty Dumpty Up to Date at the Baldwin. DRAMA AT THE COLUMBIA. Levy, the Celebrated Cornetist. Irish Drama at the Alcazar. The fact that “Humpty Dumpty Up to Date” has met with the approval of the public is at- tested by the crowded houses that it is draw- ing at the Baldwin. The performance is certainly attractive enough to satisiy the most exacting admirers of the spectacular and as for the little people, they are fairly brimming over with fun, and seem to enjoy the acting as much as the audi- ence do. Elma Goerner is a particularly clever little artist, the little blacksmith is equally good, and Pierrot is remarkably quaint. The fun of the Harlequinade is fast and furi- ous, and when a real live pig trots on the stage he is welcomed with great applause. The bal- lets ere pretty and graceful, and if the steps of the coryphees are not always perfect that does not prevent the whole effect from being gor- geous. The ballet of flies and the hunting scene are both effective, and the grotto of dis- monds is gorgeous. The ballet of the Humpty Dumpties is about the best of the ballets. Altogether “Humpty Dumpty” is full of clever effects and enables the theater-goer to pass an evening of unadulterated fun. The Columbia Theater. Haddon Chambers’ telling drama, “ Captain Swift”, is going well at the Columbia Theater. Frawley is at his best in this play, and his cool effective acting forms a pleasant contrastto the aimless restlessness with which so many leading men try to infuse spirit into their per- formences. Miss Belle Archer as Lady Stan- ton is another performer whose repose is re- {reshing. She is refined and natural and entirely iree from that bounding self-assertion which 100 often on the stage passes for the manners that prevail in aristocratic circles, Several other members of the company, notably Hudson Liston, interpret their roles very well, and the whole performance is stamped with a refinement that is in keeping w‘gth the pretty bon-ton character of the eater. Morosco's Theater. “‘A Man Among Men” is one of the best melo- dramas that Morosco has put on for some time past. Thereis an amount of possibility in it and a human interest that is frequently sacri- ficed in melodramas to me situations. The audience enters thoroughly into the struggles of the mining superintendent to obtain justice for his men, who are ground down by the op- pression of ‘& monopoly company. AIl the parts are well acted by the stock compauy. Tivoli, Opera-House. Cellier’s tuneful “Dorothy” makes & bright little spectacle at the Tivoli. Hartmen as Lurcher keeps the fun going, though his inter- pretation of the part isa little more fast and furious than tne ayerage Lurcher. The dialect he aficets is @ playful mixture of ‘a brogue and Cockney English “as she is spoke” on the American stage. Gracie Plaisted, who wears very pretty frocks, makes quite an infantine Phyllis, and all the other members of the company are well suited to their Toles. The scemery is pic- turesque and pastora The Orphenm, All the new stars at the Orpheum are win- ning nightly applause and the house is doing its usual large business. Jules Levy, the cele- brated cornetist, is the leading attraction, but other{)erformers come in for their share of ap- probation, notebly the Rogers Brothers, Ger- man comedians; the Nizarras, Spanish ring athletes, and Maud Raymond, the sprightly soubrette. Richmond and Glenroy also please the public, and several of lest week’s best per- formers add to the attractiveness of the pro- gramme, Alcazar Theater, The James Ward Company has been doing good business this week at the Alcazar with “Shamus O'Brien.” To-morrow and Friday evenings and at the Saturday matinee “Kiity O’Connor” will be presented. THE SPRECKELS CASE. An Answer to the Complaint of Rudolph Against the Nevada Bank s Filed. The answer of the Nevada Bank to the suit brought against it by Rudolph Spreckels to restrain it from sending 5000 shares of Paauhau Plantation stock to Hawaii_was filed yesterday by Delmas & Shortridge, attorneys for defendant. The answer exhibits an agreement en- tered into by C. A. Spreckels regarding the stock on December 28, 1894, and alleges that it “constitutes all the agreements and understandings existing, or which have existed between the defendant arnd said C, A. Spreckels and Rudolph Spreckels’ with reference to the stock. It also exhibits an agreement between Claus Spreckels and C. A. Spreckels, made January 4, 1894. By this agreement Claus Spreckels agreed to give his son C. A. Spreckels 700 bonds of $1000 each of the Hawaiian Com- mercial and Sugar Company ; one-half the capital stock of the Waikapu Plantation Company and the promissory note of George W. Macfarlane for $135,000; 1500 shares of Hawaiian Commercial and Sugar Company stock, all to be paid for by C."A. Spreckels in the- following manner: 3@%1,760 on January 4, 1895; $351,750 on anuary 4, 1896. As security therefor C. A. Spreckels gave his father 100 shares of California Sugar Refinery stock, 2500 shares of Paauhau Plantation Company stock and 333 shares of the Hilo Sugar Company, and a like security for the amount due a year later, except that the Hilo Sugar Company shares were 334. These were the main terms of the agree- ment. R. Speeckels expressly concurred in the pledge of the shares of stock. Claus Spreckels on December 22, 1894, as- signed the agreement and all the collat- erals specified therein to the Nevada Bank. The main features of the answer have already been made public in the argu- ment on the demurrer to the complaint, reliance being placed on the agreements made a part of the answer and the plain recital of the facts which made the sending of the shares to Hawaii an absolute neces- sity for the protection of the rights of the defendant. ————— NOTHING spurious is found in the Almighty Dollar (Cigar). * — . - The Worthington Case. ‘The jury in the Worthington case remained out all yesterday. They have been accommo- datedat night at the Fairmount Hotel and are regularly escorted to their meals. Yesterday Judge Belcher stated that he con- sidered in view of the length of time the trial had taken, time for fullest consideration of the verdict should be given the jury, and he F“M’ if necessary, to keep them locked up or another night. At a late hour it was understood that the chances of an agreement was poor. The jury was said to stand six for acquitial and six for penalties less than “murder in the first de- gree,” NEW TO-DAY—AMUSEMENTS, CALIFORNIA THEATER and FRIDAY, THURSDAY, May 23, M=z, 24, THE ARTIST'S DREAM, A Magnificent and Novel Spotacular Entertainment. Full Orchestra and Over 100 Participants. ¥FOR THE BENEFIT OF THE Ladies’ Protection | and Relief Society. Admission, Including Reserved Seat, $1. Box Office Open Wednesday, Thursday and Friday after 9 4. M. BALDWIN THEATER. AL HAYMAN & CO. (Incorporated), Proprietors The Height of Spectacular Effects Attained. IN THE GORGEOUS SPECTACLE OF HUMPTY DUMPTY UP TO DATE As Presented by the Famous and Only LILIPUTIANS. Every Evening Including Sunday. HATINEES WEDNESDAY aud SATURDAY. GORGEOUS COSTUMES, BEAUTIFUL » BRILLIANT GALLETS. Seats now ready for next week, the second week of the Liliputians. Ao Mzs, ERNESTINE KBELING Proprieior & Managee THIS WEEK ONLY! PERFECT PRODUCTION Ot Alfred Cellier's DOROTHY! Coming——MAY QUEEN! Popular Prices—25¢ and 50c. “The sound that cheers a merchant Advertising with & will Is the jingle of the dollars As they drop into his till.” AND HOW THEY DO DROP INTO THE COLUMBIA THEATER. FBIEDLANDEE, GOTTLOB & C0., Lesseesd& Mansgers Every Evening, Including Sunday. Matinee Saturday Only. FRAWLEY DRAMATIC COMPANY 1n Haddon Chambers’ Great Romautic Drams “CAPTAIN SWIFT.” Magnificent production. Remarkanle stage effects. ouU R POPULAR PRIC Night, 1! 5¢, 250, 50c. 3 e, 60c and 75¢; Matin Children to any part of the house, 25c. May 27, ““All the Comforts of Home."" MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theaterin America. WALTER MOROSCO....Sole Lesseo and Manager TO-NIGHT !——. TO-NIGHT! FIRST PRODUCTION IN SAN FRANCISCO ¥- A AN AMONG MEN! A PLAY OF TO-DAY. EVENING PRICES—25¢ and_50c. Family Circle and Gallery, 10c. Matinees Saturday and Sunday. M. ORPHE DO D JULES LEVY, Greatest Cornet_Player Living. ROGER BROS., Americ’s Unique German Comedians; RICHARD & GLENROY, the Boomers of Comedy Flashes; RAYMOND, the Dashing Singing Sou- anish Ring Athlete; 1. WOOD, 3 LIX & CAIN, Ete. The Erightest Constellation in the Firmament of Vaudevillism. Reserved seats, 25¢; Balcony, 10c; Opera chairs and Box seats, 50C. Matinee Saturday and Sunday. Parquet, 26¢; Balcony, 10¢; Children, any seat, 1C¢ CIRCUS ROYAL And Venetian Water Carnival, Corer Eddy and Mason streets. CLIFF PHILLIPS., roprietor and Managee TO-NIGHT, TO-NIGHT. LIVING BRONZE STATUES, Classical and Historical—Latest Kuropean Craze and Eastern Fad ——A GRAND E GREAT ZANFRELLA’S FLYING METEORS. Evening Prices—Parquet and Dress Clrcle, Re served, 28c and 50c. Saturday and Sunday Matinee—Parquet, Chile dren, 15¢; Adults, 25¢. METROPOLITAN TEMPLE. The Famous Hawalian National Band! JOSE. 8. LIBOBNIO, Leader. LAST FIVE CONCERTS VOCAL AND INSTRUMENTAL, 40—MUSICIANS—40 Tickets at Sherman, Clay & Co.’s and at Model Music-store. Prices—25c, 35¢, 50¢ and 75¢. Matinee 2 P. M. Saurday, May 25th. Prices, 25¢ and 50c, ODD FELLOWS’ HALL Friday Evening, May 24, at 8 o'clock, TESTIMONIAL CONCERT TO ALFRED WILXKIE, To be followed by the charming Operetta, *“WIDOWS BEWITCHED.” Reserved seats. 75 ots.; admission, 50 cts. Seats secured at Sherman, Clay & Co.’s. commencing to- day (Thursday) and Frid: May 28 and 24, RURNING RUNNING RACES! m RACES CALIFORNIA JOCKEY GLUB RACES, SPRING MEETING! BAY DISTRICT TRACK. Races Monday, Thursday, Fri or Shine. Tuesday, Wednelfl.r. day and Saturday—Rain Five or more races each day. Racesstart at 2:30 P M. sharp, McAllister and Geary street cars pi the PICNICS AND EXCURSIONS. STATE OF MAINE ASSOCIATION PICINIC. Phe Eighteenth Annual Reunion will be held at San Lorenzo Grove, on the line of the Oakland, San Leandro and Haywards Electric Raflway, SATURDAY, MAY 25, 1895. Music, dancing, literary exercises and a good time. Excursion tickets from Oaxland, including admiss'on to park, for 40c. at Bowman’s, Flint's or Osgood’s, Broadway; Wentworth's or Cragin's, East Oakland, and Joy's Drugstore, San Fran- cisco. Without excursion tickets, fare from Oak- 0c., and park 15c. R EL CAMPO, THE POPULAR BAY RESORT, NOW OPEN EVERY SUNDAY DURING THE SEASON ON. Music, Dancing, Bowling, Boating, Fishing and Other Amusements. Refreshments at City Prices. Fare, round trip, 25¢; children, 15¢, admission to grounds. THE SIEAMER UKIAH ‘Will leave Tiburon Ferry 10:30 A. &, 12:10. 2:00 and 4:00 7. 3. Returnlng leave EI Campo 11:15 :00, 3:00 and 5:00 P. M. SANTA CRUZVENETIAN WATERCARNIVAL June 11, 12, 13, 14 and 15, 1895, COMBINING THE ATTRACTIONS OF THE CARNIVAL OF VENICE WITH THE FLOWER FESTIVALS OF THE WORLD! PAGEANTS, SPORTS, REGATTAS, FIREWORKS, ELECTRICAL DISPLAYS AND FLOWERS IN PROFUSION. TRANSPORTATION RATES. Remember the Dates and Wafch for Further Advertisements for Programme.