The San Francisco Call. Newspaper, June 11, 1895, Page 8

8 THE SAN FRANCISCO CALL, TUESDAY, JUNE 11, 1895, BOARD OF SUPERVISORS, To Appropriate Money Condi- tionalily to Improve Mar- ket Street. PROPOSED POLICE INCREASE. Fred W. Lees Unanlmously Con- firmed License Collector. Bad Bitumen. corridors of the City Hall in the vi- of the rooms of the Board of Super- ¢ crowded yesterday afternoon, and it was supposed that those assembled were there to take an active part in the fizht for the office of License Collector, v t believed was to be contested by 1 A. Baldwin, the candi- date of the Populists, presented by Mayor Sutro. In the lobby that leads to the private en- wce to the Supervisors’ chamber there e force at work, composed . Captain Lees and others, sed in pleasant, earnest, rsation with the members whispered con of the board. The result of the inside conferences was apparent when the matter of confirming Fred W. Lees for the office of License Col- lector came up later § At 3 o’clock, c s of the previous meeting he Mayor entered and time to say, “There being < the minutes will stand ap- ad, clerk then read a long list of peti- s follows: From John Center, against the passage of an r dedicating certain lots of Mission Creek < he Fire Department. H. Hin- nd boiler at 114 and ners, requesting that irected to prepare plans r a sewer sysiem in the 2 of Golden Gate Park. D. O'Shea, of an erroneous & Groliere, for per- a shed at 1219 Mar- ized iron. Langdon & 7 Stockton street. Property- for an extension of sixty days on the ract to grade North Point street, between Leavenworth. Jeanette C. Hilman on Grammar School and Miss rndon of the Marshall Primary, x5’ pension , architect, for permis- new Cliff House on th one to a height of 76 f for the m of from $4 the llation of an d_creditors of tion of 1000 iax- that provision be ity’s indebtedness. ttn Fe , Mr < the board that they the prov frontof his propert sateavenueand Tur iuction of the width o rom ten to seven feet. Club, for the granting San’ Francisco and Company for branch wners, for sn sppro- > improve mo square, complaining of the b 1, the matron of the Cit hio, to place an aw by plumbers wit n it would be and n ot a license window-pol vof a new official remove n b etwee 2 Prop ners, for the 1 on_Point Lobos av fourth 10 the of The following protests against gmr\osed street work were read and referred to the eet-Committee: pa Cilis to O'Farreli; pay- ourteenth and Market; the corner of Ciay and torney to the effect that the claim of J. J. Conlin for $61,547, which has been allowed by Legislature after Legislature, is uncon- stitutional, was read and placed on file. There was a profound silence in the chamber when the clerk read a communi- cation signed by Mayor Sutro, Auditor Broderick and Treasurer Widber announc- ing that at a meeting beld, by the vote of the Auditor and Treasur Mayor vot- ing in favor of F. A. } , Fred W. Lees, the in nbent, had been chosen for the office of Lice Collector, and certify- ing that the nominee was s competent person for the oflice. A motion to confirm the nomina- tion was made, and when the roll called every one of the eleyen members voted aye. There was a slight commotion in the lobby, the friends of Fred Lees, their faces lighted up with smiles, shook hands and noiselessly walked out of the chamber. A communication, in which was en- closed a $500 check from the Market-street Railway Company, was read. This was a bid for a franchise half a block in length on O'Farrell street to make a connection with the main system between Devisadero and Scott. Supervisor Taylor asked that the com- munication be read again as ke did not Wwish to railroad anything. This was done_and when 2 motion to grant the franchise was made the roll was called. Hirsch voted “no.” Dimond explained his vote, holding that the grant- ing of the franchise was illegal, and a *no’’ was recorded against his name. Taylor simply voted a 1o’ and Hobbs #1s0 voted “no” on the sume grounds given by him when the Church-street fran The vote, however, stood 7 t Market-street system got what it wanted. A petition to grade Corbett avenue be- tween Douglass and Casselli streets was referred 1o the City and Coun for his opinion as to whether Corbett ave- nue is an open public street. In regard to the petition of the residents of the Richmond district, requesting the Sutro Roilroad Company to place Clement street in 1ts original condition, it w. cided that thc grantee of the franc shouid be appealed to, and the op: pressed that he would have an am: complaints were found to be well grounded the Sutro Company would no doubt com- ply with the request. E The report of the Street Committee that the sum of $150,000 be included in the next tax levy to bituminize Market street from Sast to Valencia, piovided the property- owners pay half the expense, was adopted. The Mayor was authorized to sign a deed for a 50-vara lot, outside land, to Marie B. Robins, the deviseé under the will of Henry M. Naglee. . E The ordinance providing for the increase i the police force to 600, ‘and the resolu- on to appropriate $157,000 in the next tax ¥ to pay for the salaries of the addi- tional men was, on motion of Benjamin, laid over for one week. & The report recommending the erection of an engine-house on the corner of Fran- cisco and Stockton streets, also on Eleventh between Bryant and Channel, also itic street, between Jones and Leav- enworth, also a storchouse on Francisco street, between Stockton and Powell. also 4 stable on Tenth street, between Bryant and Channel, was adopted. The Auditor sent a communication stat- ation made by kis experts, and if the | ing that he had mccived salary demands | for the month of May from those police court officials who had been removed by the Board of Supervisors, and from those who had been appointed in theirstead, and asking for instructions. He was advised and instructed to recognize the demands of the appointees of the board. A resolution that Bernice and Ellmore streets, recently bituminized, be accepted was amended by expunging Ellmore at the suggestion of Supervisor Hobbs, who stated that he had examined that street and found that the bitumen was only from 1to 134 inches thick. *‘This kind of work won’t do,” he said. Bernice street was accepted. The recommendations of awards for sup- plies to the public institutions previou Y) published were adopted. A resolution that the Superintendent of Streets report daily to the Mayor the progress of street work so that the same could be examined was indefinitely post- poned G. errera, Joseph Rossi and John Kel- leher, who had become sureties on bonds that were declared forfeited, were, on recommen tee, released of their responsibility on pay- | ment of costs of saits instituted against | them. % The sum of $645 was ordered sent to the { clerk of the United States Supreme Court at Washington to defray the expense of printing the record in the case of the Peo- })l(‘ vs. Holladay to recover possession of e .afayette re, it appearing that unless | this 'sum was paid the City might lose through a motion to dismiss. as ordered that the Treasurer take the balance of $952 54 on hand after paying for the City’s subscription to the capital ntral and Western Pacific to the credit of the 54 to the credit of s and place weneral fund and $3 the school fund. s of Herman Kahn, night watchman at the old City Hall, were dis- pensed with, there beinz no further use for him, the City having sold the property. The board refused to take any action on the petition of the Labor Exchange that the City issue convertible scrip for the reason that the board has no power to recogn any of the principles that gov- | -xchange by means of paper ch report of proceedings in conne I he sale of the old City Hall and the | ayment of $40 a month for the use of the | ment until the police can move into new quarters was [chcd on file. The Superintendent of Streets was in- structed to report what streets and cr ings on Van Ness avenue should be bitu- minized and the cost of the same. BLAMES HER LAWRERS, Bina Cosgravg’s Claim Against Two Railroads Was Com- promised. s She Had Only Meant to Settle With One, but Fell Between Both | of Them. Some peculiar practice by an attorney is shown in an opinion rendered yesterday by Judge Huntin the case of Bina Cos- grave vs. The Market-street Railway Com- pany. Bina Cosgrave was injured in a collision between a car on which she was riding be- longing to the San Francisco and San Ma- teo Railway Company and a car of the Market-street Iway Company. She employed H. S. Herrick as her counsel to institute a damage suit against the two | companies and agreed to allow him 20 per cent of any amount recovered for the in- juries or in case of compromise. After issue had been joines Francisco and San Mateo T pany paid Herrick plaintif claims, of that one particular company. d the action to be dis: two companies and therefore the | tiff made a motion to vacate the judgment missal. It appeared th ceived from Herr ceived from the San Mateo 1d the question arose as to whether, | released one defendant, she could | he other. Both the corporations | were treated as ‘‘joint tort feasors, jointly negligent and {mmly responsible Ior the injury sustained.” 5 It had been claimed in this case that the ratification of Herrick’s action in the set- tlement made with the San Mateo Com- pany was entirely influenced by his repre- sentation that such settlement would not affect the plaintiff’s demand against the other defendant, the Market-street Com- pany. Butthe court held: In my view this was an incorrect statement of the faw. The validity of the release, so far as the San Mateo Company is concerned, is not affected by the circumstance that plaintiff’s counsel had falsely advised her as to the law. This misrepreseniation might have justified plaintiff in avoiding or annulling her Tatifica- tion, but this she has never done. As'she received and has returned money paid by that company in_settlement of the demand and has ratitied and still ratifies a settlement, | she cannot now avoid the legal effect of the release by invoking this misrepresentation of the law on the part of her counsel. The re- leuse therefore standing good as to the San | Mateo company, it Tesults, under the author of the cases above quoted, that the Mark street company was 41so released. The remedy o the plaintiff is against her atiorney. ‘The affidayit of plaintiff undoubtedly shows equity; and if jt were possiple to set aside the order in question I would do so. But I feel constrained to follow the rule laid down in 66 Cal, and to hold that under the cir- cumstances in_question the release of one tort feasor released the other. The motion is ac- cordingly denied. e Ir your grocer asks you to bmy some other baking powder in place of the “Royal,” it is because the other powder vields him a greater profit. Thisis very iood eviaence of the higher quality of the l oyal. . the San er demand against But Herrick THE INSTITUTE LOST NOTHING. Judge Hunt Renders a Verdict in Favor of J. K. Firth. Judge Hunt yesterday rendered a de- cision in favor of J. K. Firth, who was sued by the Mechanics’ Institute to re- cover $600, for which Firth was charged as delinquent. The institute had admitted | that if it appeared that it had received the amount sued for, or if it were shown that the amount had been expended for its benefit. it had no complaint to make against the defendant, Firth. The court, in a careful opinion, reviewed the testimony, in which it appeared that the money was claimed to have been ex- pended in the maintenance of an enter- rise known as the Mechanics' Fair or ndustrial Exhibition, which s outside the chartered purposes for which the cor- poration had been instituted, and its by- laws made no special provision for the manner in which or the persons by whom moneys should be disbursed. The court continued: It seems that the defendant, Firth, in his ofticial ('urm‘,n_\',lmd nothing to do with the payroll of thet insiitution. Nevertheless, he seems to have participated in the management of its fluancial affairs, receiving and disbursing money on account of such exhibition. Mr. Culver was the financial manager and executive head of both the institute and the Industrial Exhibition. When, therefore, a re- ceipt bearing his name for $600 was produced, it made out n prima facie case in favor of de: fendant, Firth. Itis true that Culver does not remember the transaction evidenced by the receipt, and_cqually true that Mr. Firth does not positively swear that the $600 in question wes paid to Culver, although he believes that such was the fact. This forgetfulness appeared natural to the court in view of tge multiplicity of financial transactions. Moreover, was conceded that Culver had paid $600 to the institute subsequent to the date of the re- ceipt. The liability in guestion, whether of Firth or Culver, was discharged by the payment of the sum of $600 to the insti- tute, and, said the court, ‘“no liability on the part of the former can be resurrected, as it were, by the subsequent return of this money by the institute to Culver.” | one object” of his message is to bring | is from the pen of Joshua Stron COOK ATTACKS HERRON, The Boston Preacher’s Words Arouse a Presbyterian Discussion. NO INDORSEMENT OF VARLEY. The Congregational Monday Club Addressed by the Visiting Orator. Dr. Herron, the celebrated professor of applied Christianity, who has proved such a fertile source of discussion in ministerial circles, was the object of a mild wrangle at the Presbyterian Ministerial Union yester- day morning. Rev. Duncan Monroe started the discus- sion by stating that Dr. Joseph Cook of Boston, in an address delivered on Sunday evening, had alluded to Herron as & man who gave sawdust, bran and sand in a cake to people. This metuphorical de- scription of Herron’s doctrines at once brought Dr. Scott to his feet. “That man who preached last night,” he said, “what is his name! Oh, yes—Cook. Well, Brother Monroe is authority for the statement that Cook calls Dr. Herron’s teachings sawdust and sand. Cook is fair aunthority with some people, but he is not the only one whose remarks can be quoted. I want to cite some other authorities, “Dr. Herron is 4 true man__with & mes- | sage which the churches need to hear and heed. Notall hear him gladly, but those | who like his message least need it most. He is nobiy loy to the church, and thfi tivi- Chis institutions, relations and a s of God's scepter. human ties under the sw Dr. Scott also quoted John H. Barrows of Chicago, and J. B. Fay Mills in Her- | ron’s favor, adding: “These three men | are able to offset in some degree the say- ings of Cook, whose words used to be of so many syllables that no one could under- | stand him. His words are better chosen now, but his reason and his logic remain same.” r. Mr. Parry said: ‘It is uniortunate | that we should always fall back on Her-| i se to dis- , but I tell you one thing; if togbreak up .this_union and kill it, you want to bring up Herron on every possible occasion.”” Dr. Ketchum said: “I will not promote Herronism by continuing this | iscussion.” Mrs. J. L, Nevins, the widow of a famous n onary of Cheefoo, spoke of her work in anslatifiy the Bible into Chinese. Miss Mindora Berry gave an account of the preparation for the missionary school at Cazadero, and said that Dr. Mackenzie would be present during the first week. Resolutions of regret were passed for the death of Rev. Dr. Klink. Methodists and Evolution. A paper on “Regeneration and Evolu- school matters. I believe woman’s vote will be to the liquor traffic what the light- ning istotheoak. God grant the lightning will come soon.” He intended to study the workings of woman suffrage in Austra- lia and New Zealand. In reply to a question as to theé:reatest problem in human affairs he said that of municipal misgovernment is the greatest, and that the “liquor traffic is the taproot of municipal corruption.” Praise for Dr. Cook. The following resolutions were intro- duced by Rey. C. 0. Brown, D.D., and adopted by the Congregational Monday Club of San Francisco at its meeting yesterday, on which occasion not only the members of the club but a large audi- ence of invited guests were present: We have listened with deep_interest to the address of our brother, Joseph Cook, and unite in the expression of our gratitude to him for the uplifting thought of this hour. On this eve of our brother's departure for & second journey to the Orient and around the globe we take occasion to put on record our profound gratitude to_Almighty God for the exalted po- sition which Mr. Cook has made for himself and which for many years he has retained as a great and independent leader of the best thought of the century. That for more than’ twenty years from the Platiorm of the entirely unique Boston Monday ectureship his voice has been heard so often and so eloquently in the presentation of the philosophic grounds of beliet, and the great and substantial evidences of Christianity:and in behalf of every great and righteous reform which has claimed the public attention in his day. We rejoice that his bow abides in the fullness of its strength, and assure him that our prayers will go with him through the Golden Gate, and on this long journey that he may be & quickening and inspiration to mis- sionaries and men of thought the world around; and that the journey may be not only exhilarating but stimulating, récuperative and instructive to himselt; that by this new con- tact with representative thinkersof all lands he may find new material and suggestion for his own great work, for which may God graciously spare him for many years. "As the Iast body of Christian ministers and laymen which he will address before his departure from his native land, we rejoice in commend- | ing him and his errand to all who love our Lord and his kingdom. PuiLte ComB, President. THOMAS H. HENDERSON, Secretary. New Church at Mill Valley. The Congregational Church Extension Society met in the members’ social room of the Young Men’s Christian Association building yesterday afternoon, in executive session, for the purpose of discussing plans for a new church in Mill Valley. A deed for a desirable lot has already been secured and it was decided to make an appropria- tion of $300 toward a buildi t is prob- able that at least $1000 will be raised by those of the Mill Valley residents who are interested and that the building will soon be under way. FALLS OF DEE OVERDUE A British Ship Which Is Many Days Out From Newcas- tle-on-Tyne. | The Arrival of the Vessel Means Six Thousand Dollars to a Local Flrm. lution” was read yesterday before the Methodist Preachers’ Club by Rev. Dr. | Carroll. The speaker entirely disagreed | with all evolutionists from Darwin to Le | Conte. Even Drummond was said to be merely a glittering rhetorician, Dr. Car- | roll said in his opinion evolution tended to | materiailsm. i In the review of th said that he did not disagree with evolu- tion as a natural science, but he did not uphold it as a philosophy. A number of others present entirely agreed with the speaker and repudiated evolution. Dr. Dille said he believed in evolution toa | limited extent, and Dr. McClish said he | hoped Methodist ministers'would be broad enough to discuss all the fresh scientific | topics of the day. Dr. Carroll closed the | discussion by expressing his belief that | evolution leads to materialism and pan- | theism. discussion followed, as to whether in- | viting Rev. Henry Varley to address the | club, meant indorsing him. Some of the | Methodist preachers were strongly opposed | to extending an invitation to Varley for | fear it might be construed into meaning that Methodists indorsed him. However, others pointed out that people of all shades of opinion, many of them entirely | unorthodox according to the Methodist, | paper Dr. Bovard | that though the club strongly dis: of Varley, there was no danger in extend- ing the courtesy of an invitation to him. | It was therefore decided to hear him next | Monday on *“The Coming of Christ,” and the following Monday to invite an ortho- | dox preacher to address the club on the same subject. Joseph Cook’s Address. Joseph Cook was guest and entertainer as well of the Congregationalist Monday Club yesterday afternoon, when he de- Jivered a lecture on “The Spirit of Godasa | Guide for the Preacher,” and answered .'1!‘ number of questions propounded by the | club members. The meeting, which was | held in the auditorium of the Young Men’s Christian Association rooms, was largely | attended. Rev. Philip Coombs presided | and introduced the speaker as a defender | of orthodo: a_ distinguished orator, who | keeps abreast of the times, and an eminent j lecturer. | “The Spirit of God.” he said, “should be | the directing and leading force in all min- i isterial work. If the lens and the tube of | the telescope are properly adjusted, and | we should see to that, the light of the | Spirit will lash npon us through it. The i condition of being thus led and directed is an entire yielding to the Spirit. “In that light we are to read the Scrip- ‘ tures. In the light of the daystar we sl | hould study the enigmas of human ex- | istence and that question of the origin of | evil. “The church is a community of self-sur- rendered souls. I do not agree with Car- dinal Manning’s doctrine of the special | privileges, rights and blessings of the | sacerdotal class. That is monstrous heresy. | ‘We repudiate the doctrine of sacerdotalism. | The gift of leading by the Holy Ghost | comes to the entire community of self- | surrendered souls, but not to any class.” | Speaking of what he termed the ‘* | Ghost administration of church affairs,” | he mentioned as a notable example Dr. | Gordon’s church of Clarendon street, Bos- | ton, which possessed the canfidence of the | public in_the judiciousness of its doctrine | and the sincerity of its evangelical work in.| a remarkable degree. ‘‘Give mea girdle of | such churches about the world," said he, “and I will draw the planet into the bosom | of God.” In reply to a question of a per- son who styled himself a Christian agnos- | tic Mr. Cook said: “‘Logic was what is needed. There is every evidence of design | in the creation and movements of the universe. There is no design without | thought, no thought without a thinker. The 1nherent sense of dependence and ob- ligation is proof of the existence of God. The word ‘merognostic’ had been coined to meet the wants of a person not an agnos- tic, who knows all, not an agnostic who kr*ntw’s nothing, but one who knows in part.” The question asto inspiration brought out Mr. Cook’s definition of that. term, “‘Considering the Bible as a whole and in- terpreted by itself it is a gift of infallibility in teaching the way of life.” Inreply to another question he said he believed in guardian spiritsin a Bibiical but not a spir- itualist sense. He believed there is more | reason to think the spirits chat infest scenes of spiritual seances come from be- neath. Some one had the temerity to ask whether he thought woman suffrage con- ducive to advancement. He replied that he was in favor of woman’s vote in muni- cipal affairs and *'if women behave them- selves then,” said he, “‘we shall see. “Women should have a right to a voice as to the license of the sale of liquor, and all ndpoint, had been invited to speak, and | v pproved | m; | hold. The British ship Falls of Dee, bound to this port from Newcastle-on—-Tyne, is out 186 days and among the local under- writers considerable apprehension exists for her safety. The vessel was spoken several {imes on her voyage, the last time she was seen for a certainty being on March 12, when she was sighted in latitude 4 deg. south and longitude 26 deg. west. The British ship Travancore arrived here from Newcastle. N. . W., on May 18, and Captain Jonesreported having spoken the Falls of Dee on May 11 in latitude 35 deg. north and longitude 139 deg. west. Up to this time the English underwriters had been offering 10 per cent for reinsur- ance, but on the report of the Travancore they refused to do any further business. The position of the Falls of Dee would be | just about 1000 miles to the westward of San Francisco if the report of Captain Jones is to be relied upon. The captain of the Travancore based his renort on the fact that the ship he saw was painted white, as are all the vessels in the }"1 Is line. Since his arrival the British ship Waterloo, from Calcutta, reached here and the British ship Dowan Hill ar- rived at San Diego from Liverpool. Both inted white and both are four- % as is the Falls of Dee. Thalthc Falls of Dee is out a long time is obvious from the fact that the average trip from Newcastle, Eng., is 145 days. That the usual weather to be expected at this time of year prevailed is evident from the arrivals from the European side of the Atlantic. The Ainsdale arrived here in 137 days from Liverpool, the Hollywood in 139 d. from London, the Ravenscourt in 144 days from Swansea, the St. Mungo in 142 days from Swansea and the Halewood 149 days from AulwerF. The cargo of the Falls of Dee consists of 800 tons of cannel coal, coke, pig iron and steel blooms. Sheis a four-masted ship, full rigged on every stick to her ;iggcr- mast. She is 276 feet in length, 41feet in breadth of beam and 23 feet in depth of She was built at Greenock in 1882 by Russell & Co. The coming of the Falls of Dee is awaited with unusual interest, not only by the underwriters, but by the shippers. She was chartered prior to arrival by Eppinger & Co. at a very low rate, to carry grain to the European” markets. If the vessel is lost or if she does not turn up in time to make good her charter option, she cannot ated by her charterers for less than 35 shillings a_ ton. This means a clear loss of §6000 to Eppinger & Co. “Charters have gone up considerably since Eppinger & Co. closed their contract with the agents of the Falls of Dee,” said a well-known shipping man yesterday. ‘At the time the charter was made freights were probably 27 shillings 6 pence, and now they are up to 3b shillings. This means a big loss to the charterers if the vessel does not show up. It seems almost impossible that the Falls of Dee was the vessel spoken by the Travancore. Ittook the latter vessel only seven days to come from that position, ‘and surely the ship spoken could have covered the distance in- side of thirty days. The fact that she has not put in an appearance gives the im- pression that she was not the vessel which was spoken.”’ .- It is an alarming fact that every baking powder exhibited at the Chicago World’s Fair, except one made in New York, was found by the examining chemists to con- tain ammonia. Royal Baking Powder is absolutely pure and contains neither am- monia nor alum. — THE OOUNTRY OLUB'S LAKES. The Land - Locked Salmon a Big Success. Some of the members of the Country Club had a try for the land-locked salmon on Sunday in the well-stocked lakes of that magnificent preserve. William Kittle suc- ceeded in landing a four-pounder after a callant fight, and this experienced angler pronounces this species a grand fish for inclosed waters. They have none of the indolence of other lake fish, but are bold, active and ravenous. Nordo they suffer from any diseases common to the inhab- itants of still water. They do not rise to the fly lazilg, but take it with a rush, leav- ing a wake behind them like the screw of a steamer. Their teeth are extremely sharp, almost as keen as those of the pike, an their motions in attacking the line are similar to those of that wicked fellow. Sticklebacks three and four inches in length were found in the stomachs. ndoubtedly this strong and healthy fish is the best for all the lakes. In the East the anglers declare that they are the gamiest and the most satisfactory experi- ment they have ever tried, ARGUMENTS AT AN END. The Stanford Demurrer Sub- mitted to Judge Ross for Decision. FIFTEEN MILLIONS AT STAKE. Strong Pleas Have Been Made by Both Sides—Many Authorl- ties Cited. Arguments on the demurrer to the com- plaint of the Government in its suit against ihe estate of Senator Leland Stan- ford for $15,000,000 were concluded yester- day at noon and the matter was submitted to Judge Ross for decision. When court convened in the morning Judge McKisick, who had announced the conclusion of his argument on last Friday. n_sked leave to submit a few more authori- ties in line with the views presented by him. This was granted and he occupied the attention of the court for about a quar- ter of an hour. Then Judge Garber, in support of the dem\l':rer, began the closing argument. He said that he had but little to say in reply to the arguments of J. V. McKisick, but there were some points advanced which he could not let pass uncontroverted. Taking up the position of opposing coun- sel that all the acts of Congress concerning the Pacific raiiroads should be taken together and construed one by the other, h‘e held was utterly out of the question. Furthermore, he challenged the produc- tion of any provision in any of the acts mentioned in which there was one single sentence, phrase or word which could be twisted by any process of construction into a covenant on the part of the rail- roads to make payment for the bonds issued. *“I do not see the pertinency of the sug- gestion in this case at all,”” he continued. “The point is, what was_the condition of affairs as they existed in January, 1863, when, as the bill alleges, and is self-evident by the existence of the act, whatever con- tract or relation existed then came into being and were consummated by the acceptance of the act of 1862. The moment the acceptance of the provisions of the act of 1862 was filed then, if éver, the contract relations and all relations, as far as the contract is concerned between these parties, became fixed and finally deter- mined. What boots it to go to subsequent acts, to what Congress may afterward have done, as throwing some light on the question as to what was the intention in the act of 18622 If there was a contract it was by virtue of the act of 1862 and not by virtue of any other act. “On this” question this first and vital question on the demurrer, whether there was a covenant or a bald condition, no light whatever can be obtained by search- ing into the subsequent acts passed by the Goverpment. They do not purport to change it, and there is not one.of these decisions shown here which affirms that the Government of the United States had any right, by any act subsequent to the act of 1862, to make a new contract relation and compel these companies to covenant to pay anything for which they were not liable, There was no such agreement or promise or engagemeiit to pay in the act of 1862, and you cannot find i Judge Garber then quoted the case of Hale vs. Finch (104 United States), where an express agreement had been made by the purchaser of a steamboat to comply with certain conditions. He held that had the Congress of the United States intended to enforce payment from the projectors of the Pacific roads such an agreement would have been inserted in the act in express terms. Speaking of the decision in the sinking fund cases, to which extended reference had been made in Judge McKisick’s argu- ment, Judge Garber stated that it was as- sumed without thought, without conten- tion, without the mind of the court being directed to that particular point, that there was a debt created by these acts of Con- gress which obligated the payment of these debts. He continued by stating that Judge McKisick had taken the dissenting opinion of Justice Field in those casesand used it in his argument against the demurrer. Turning his attention then to the matter of the liability of stockholders, Judge Gar- ber staied - that taking the acts for it, there was no individual liability contemplated on the part of Congress, and if there could be a waiver by contract, here was that waiver on the part of the Congress of the TUnited States. Judge Garber concluded that as the lia- bility of stockholders as fixed by the law of California was a statutory provision, the limitation set forth in the law of 1850 ap- plied and the complaint must fail. At the conclusion of his argument Judge Ross asked counsel for their authorities and was informed that they would be fur- nished him, as well as the printed argu- ments of counsel. Court then took an adjournment till to-morrow morning at 10:30 o’clock. It is not possible to tell when Judge Ross will be ready with his decision, but it is more than likely that it will not be handed down for seyeral week: The Menu of Mankind. Nature has Hmvided a vast, curious and interesting bill of fare for mankind at this great table of the earth. The elements that contribute to it come from all seas, lands, climates, atmospheres, and they come swimming, cresping, flying, climb- ing. %‘he ogre man, going about seeking what he may devour, devours almost everything he sees; he does not care whether it comes out of the depths of the ocean, the ground or the encompass- ing sky. The only question he asks is, Is it good for me to eat? That answered favorably, he opens his mouth and swallows; neither queer and ugly shape nor repulsive color will make him shrink. In his long experience of eating he has learned that the taste of some things is not pleasant; that some make sick and some kill; these he lets alone; the rest he eats. There is a Greek myth about some giant who ate the earth. Man is that giant. Man has been defined as ‘‘an_omnivorous biped who wears breeches.” This is not in its entirety a true definition, for all men do not wear breeches. But the first part is almost true, and relatively to other creatures it is quite true. Other creatures confine themselves to comparatively simple fare. An ox wants only grass and corn, a lion wants only fleshof certain kinds, but man takes in the whole range of the earth’s products in some of its species. Nature has arranged foods for her favor- ite, man, to whom she has given so great an appetite, in what may be called natural courses. As we sit down to table with mankind _we will take a glance at the whole bill of fare. At the top of the list are the mollusks and crustaceans, those skeletonless creatures whose tender, delicate substance melts in the mouth with so delicious a flavor. Most famous of these, used from remote times by savage and civilized peoples, whose shell - heaps remain in evidence, is the oyster, native to all temperate seas, but found in greatest perfection along the coasts of Europe and the Atlantic coasts of North America. The oyster did not have to await the appre- ciation of the cultivated epicure, but won his way into the affections and stomach of the primitive man, who, as slang ele- gantly puts it, “‘dwelt in a cave b‘y the sea and lived upon oysters and flies.””—Calvin Dill Wilson, in May Lippincott’s. Titian was polite, even to his wife. It is saia_he never entered her room without Rso;‘vmg, and always rose when she entered NEW TO-DAY—DRY GOODS. UUSSUBEE S e o) FORCED SALE! Black and Colored Dress Goods Being overstocked in both these de- partments, owing to the heavy purchases made prior to the buying of the KENNEDY BANKRUPT STOCK, A forcing-out sale will be held in these de= partments this week. PRICE LIST. 50-INCH SILK AND WOOL CHEVIOTS, reduced from $1 to 60c & yard. 50-INCH FRENCH WOOL CHECKS, reduced from $1 15 to 75c. 46-INCH ALL-WOOL FRENCH SERGE, reduced from 75c to 50c a yard. 40-INCH NAVY BLUE STORM SERGE, reduced from 50c to 30c a yard. ALL-WOOL AND SILK AND WOOL FRENCH NOVELTY SUITINGS, reduced from 75¢ to 50c a yard. 46-INCH BLACK HENRIETTA CLOTH, reduced from 75c to 50c. 42-INCH ESTAMENE SERGE, in black and navy blue color guaranteed, made especially for bicycle suits, 50c a yard. 38-INCH BLACK FANCY SUITINGS, a large variety of designs, all marked down to 50c. 46-INCH BLACK CREPON, reduced from $1 25 to 75 cents. C. CURTIN, 911-913 Market Street. First Dry-Goods Store West of 5th Street. WASTING DISEASES WEAKEN WoNbER. fully because they weaken you slowly, gradu. ally. Do not allow this waste of body to make youa poor, flabby, immature man.Health, strength and vigor is for you whether you be rich or poor. The Great Hudyan Is to be had only from the Hud- son Medical Institute. This wonderful discovery was made by the speciallsts of the old famous Hud- son Medical Institute. 1t is the strongest and most powerful vitalizer made. It Is 50 powerful that it is simply wonderful how harmlessitis. You can get it from nowhere but from the Hudson Medical Institute. Write for circulars and testimonials, This extraordinary Rejuvenator s the most ‘wonderful discovery of the age. Ithas been en- dorsed by the leading scientific men of Europe and America. HUDYAN Is purely vegetable. HUDYAN stops prematureness of the dise charge in twenty days. Cures LOST MAN- HOOD, constipation, dizziness, falling sensations, nervous twitching of the eyes and other parts. Strengthens, invigorates and tones the entire system. It isascheap as any other remedy. HUDYAN cures debility, nervousness, emls- slons, and develops and restores weak organs. Pains in the back, losses by day or night stopped quickly. Over 2,000 private indorsements. Prematureness means impotency in the first stage. Itisasymptom of seminal weakness and barrenness. It can be stopped In twenty days by the use of Hudyan. Hudyan costs no more than any other remedy. Send for circulars and testimonfals. TAINTED ELOOD-Impure blood due to serious private disorders carries myriads of sore- producing germs. Then comessore throat, pirples, copper colored spots, ulcers in mouth, old sores and falling halr. You can save a trip to Hot Springs by writing for ‘Blood Book’ to the old physlcians of the HUDSON MEDICAL INSTITUTE, Stockten, Market and Ellis Sta., BAN FRANCISCO, CALs MEN Any Man Who Suffers TIVE. "Call or write for SAMPLE BOTTLE. The worst cases cured. Address DR. COOPER, 523 Kearny st., San Francl. All Private Discases Cured. ) e ‘When ordering please mention Call.” JSTHEVERY BESTONETOEXAMINEYOUR e and fit them (0 Spectacl: asse. ‘.“:3 insiruzments ot m.“.f_-‘:‘.%‘"‘;hf.{"-‘mé peri n m equs iccess besn dua o the merits of hy otk | "o 1o Houn—litw4ra oLDENRy A AT LAST We Have Received a Large Shipment of And Are Prepared to Furnish the BEST WHEEL ON EARTH! RIGID AS A ROCK. LIGHT. “Wonderfully Strong.” FAST, WE ARE ALSO AGENTS EOR THE “BEN-HUR,” AN ABSOLUTELY HIGH GRADE BICYCL, UP TO DATE IN EVERY DETAIL. " NONE BET({ER MADE, Price, $85. WEIGHT, 213 LBS, ALL DRUG ANSY PILLS! R B T e