The San Francisco Call. Newspaper, June 22, 1895, Page 5

- THE SAN FRANCISCO CALL, SATURDAY, JUNE 22, 18 95. o THE SUPREME COURT. From Chief Justice Hast- ings to Chief Jus~ tice Beatty. A LONG ROLL OF HONOR. California’s Bench and Bar Contributed of Their Brightest Men. TERRY SUCCEEDED BY FIELD. The Legal Glants of the State and Some of the History They Have Made. PERSONNEL OF THE SUPREME COURT OF CALIFORNIA. CHIEF JUSTICE. W. H. BEATTY. ASSOCIATE JUSTICES. T. B. MCFARLAND. RALPH C. HARRISON, F. W. HENSHAW. COMMISSIONERS. I. S. BELCHER. NILES SEARLS, P. VAN CLIEF. OFFICERS OF THE COURT. W. F. FITZGERALD....... torney-General ....Deputy Attorney-General lerk, San Francisco Deputy Clerk, Sacramento -Deputy Clerk, Los Angeles , Los Angeles Reporter Reporter ecretary Secretary to Commissioners H. C, FINKLER. D. B, WooLF A. GIRV .Phonographic Reporter A E. WASHBURN. . . Bailiff WILLIAM H. RUSSELL -Bailift The foregoing is a complete list of the Justices and all the oftic: Supreme Court of the The court itself is an exceptional body in many respects. Itisthe highest judicial body in the State, and having con upon it by the constitution of 1§ power and the responsibility of nullifying acts of the Legislature, when, in the judg- ment of the of the con ion or an abridgement of the personal liberties of the citizens of the wealth, the Supreme Court is attaches of the ate of California. State. It is also the highest, the most powerful and the most responsible body of officials in the State. Next to the people as a ole, there no power so 1t in the State as that wielded by the gentlemen who compose the Su- surt. 1t Supreme Court of California, that of most of the other States in Union, is divided into two depart- so that unless the court elects bank for the hearing of certain cases or the decision of some 1 technicality its usefulness is haif, and under ordinary cir- tances the body is enabled to perform court, these are in violation | ore than the highest judicial body | by lower courts of appellate jurisdiction, yet performs more work than almost any gther corresponding body in the United ates. Whether sitting in_bank or in depart- ments, the Hon. W. H. Beatty is still the Chief Justice and ex-officio presiding offi- cer of the court. The departments are ap- portioned as follows: DEPARTMENT ONE. Justice presiding Justice Justice .Justice presiding Tustice . W. HENSHAW Justice The Supreme Court sits in San Francisco, in Los Angeles, and in Sacramento, though its chief headquarters are in this C: and a much larger percentage of its bu: transacted for and in San Francisco dis- trict. The terms of the courtare: At San Francisco on the second Monday in Janu- ary and on the third Monday in July. At | Los Angeles, on the first Monday in April and the second Monday in October. At Sacramento, on_the first Monday in May {and the second Monday in November. The three Supreme Court districts of the i\ftutc embrace the several counties as fol- ows: District of San Francisco—Alameda, Contra Costa, Del Norte, Humboldt. Lake, Marin, Mariposa, Mendocino, Monterey, Neapa, San Benito, San Francisco, San Ma- | teo, Santa Clara, Santa Cruz and Sonoma. District of Los Angeles—Inyo, Kern, Los Angeles, Orange, Riverside, San Bernar- dino, San Diego, San Luis Obispo, Santa Barbara and Ventura. District of Sacramento—Alpine, Ama- dor, Butte, Calaveras, Colusa, El Dorado. | Fresno, Glenn, Kings, Lassen, Merced, Modoce, Mono, Nevada, Placer, Plumas, Sacramento, San Joaqnin, Shasta, Sierra, skiyou, Solano, Stanislaus, Sutter, Te- ma, Trinity, Tulare, Tuolumne, Yolo and Yuba.. The present Supreme Court holds under the constitution of California adopted by the peovle in 1879. One of the provisions of the constitution that created the Su- preme Court was that the terms of the ustices’ service was to be twelve years— excepting, however, the terms of the fi seven Justices elected under the new law. Of these the Chief Justice and two Associ- ate Ju of twelve years. T'wo Justices shouid hold for a term of eight years, while the terms of the remaining two Justices should ex- | pire.at the end of four years. The first election was held September 3, 1879, gnd on the 5th of the following January (1880) the new court organized with the following 'members: JACKSON TEMPL ¥ | CHIEF JUSTICE. ROBERT F. MORRISON. SSOCIATE JUSTICES. UEL L McKEE. SKINE M. ROSS. 1ARPSTEIN, TON. E. W. MCKINSTRY. M. H. MYRICK. The classification as to the terms of office, except that of the Chief Justice, was | determined by lot. Ross aud Sharpstein | drew the four-year terms, McKee M | rick drew the eight-year terms, and Thorn- | ton and McKinstry drew the long terms. Chief Justice Robert F. Morrison was the | unanimous nominee of the State conven- | tion of the Workingmen’s party, which | met in this June 3, 18 He was also | the nominee o | that assembled subseque: Judge Mor- | rison had practiced law in San Francisco for a good man, s, and from 1870 till | his election on_the Supreme bench he was | Judge of the Fourth Judicial District, a { court analagous to the present Superior Court. At the election in the fall of 1879 Judge Morrison polled 72,538 votes, as against 68,226 for A. L. Rnodes, the Repub- lican candidate, and 19,906 votes for Na- thaniel Bennett, the candidate of the New | Constitution party. Chief Justice Morri | sor rved on the Supreme bench un March 2, 1887, which is also the date of his death, In April, 1887, Governor Bartlett ap- pointed Niles Searls to succeed Morrison as Chief Justice until a successor should be elected. William H. Beatty was chosen at the polls in 1888 to serve the unexpired term of Morrison, deceased. as Chief Justice of the Supreme Court. He was the nominee of the State Convention of the American t | tices should hold office'for a period | e Democratic convention | i 5 affiliations have been forgotten. He is no longer known as a Republican, but as the |Ulnef Justice. He is one of the most highly esteemed and respected men in Cal- {ifornin. William H. Beatty was born in | 1838 at Monclover, a small town near To- ledo, Ohio, and has been on the Facific [( st forty-three years. His tuter in tue law was his father, then a practicing attor- | ney at Sacramento. It was in this ci | where the Beatty familv settled when it | reached California in 1852, and the Chief | Justice of the Supreme Court still claims | Sacramento as his residence, though his | duties have made it necessary for him to live in San Francisco most of the time. | In 1863 Judge Beatty removed to Ne- vada, and remained there eighteen years. iDuring that time he served as District | Judge from 1864 till 1874, and subsequently ss is | became a Justice of the Supreme Court of | District Judge in 1852. Nevada. He served a full term of six the Twenty-third Judicial District. Ralpn C. Harrison was the nominee, in 1891, of both the American party convention and the State Republican convention. His term will not expire until 1903. Prior to his election on the Supreme bench, Mr. Harrison was a member of the well-known law firm in this_City of Jarboe, Harrison & Goodfellow. His election gave great sat- isfaction to the members of his own pro- fession, who know iim as a learned aavo- cate and wise Judge. Justice McKinstry, the second of those | who drew the long term, resigned from the | Supreme bench in October, 1883, He had served on the old Supreme Court continu- | ously since 1874. 4 The name of Elish W. McKinstry is one | of the most famous in the history of the San Francisco bench and bar. He was a Prior to that, be- | ing a California pioneer, he was a member founder of the first and only college of law | in San Francisco—the Hastings Law Col- lege. He was born in Jefferson County, New York, in 1814. He attended an acad- | emy in Lawrence County for six years, | under the special instruction of two gradu- ates from the Hamilton College. Af the age of 20 he was the principal of the Nor- wich Academy. At 21 he went to Law- renceburg, Ind., and there studied law. | Afterward he removed to Iowa, where he was Justice of the Peace. When the Territory of Iowa was created in 1833 Mr. Hastings was elected a member | of the Legislature. In _ 1846, when | Iowa became a State, Mr. Hastings became one of her Congressmen. The spring of ’49 found him in California. He came overland, leaving his family in Iowa. He settled at Benicia, and six months after his arrival he was elected by the Legislature of this State Chief Justice JUSTICE STEPHEN J. FIlELD, S - B \ T W N EX-CHIEF JUSTICE OF THX SUPR. [From a photograph by Taber.] EME COURT OF CALIFORNIA. vears in that capacity, and in January, 1881, returned to California and resumed the practice of law in Sacramento. Chief Justice Beatty is still a young man, as members of the Supreme Court are_count ed,and does not even look hi Though his hair and beard are somewhat | more than gray, yet his figure isrobust and | erect and time seems to have used hin | gently. Members of his own profession | honor him for bis rare legal knowledge and his judicial wisdom. Laymen and all who | know him, in fact, not only respect him, CHIEF JUSTICE W. H. BEATTY, SUPREME COURT [From a photograph by Taber.] OF CALIFCRNIA. twice the amount of labor that the court in bank could perform. - - % At least this is the theory upon which the division was made, and in some cases the practice works admirably. However, appellants dissatisfied with® the verdiet rendered in one department are at liberty to have their cause decided upon by the otier department, since they are legally entitled to the indgment of the full bench. And thus it is that often the fact of the Supreme Court being divided into separate departments defeats the purpose for which the division was made. Upon the whole, lowever, the pian has been beneficial, and i* is a fact that the Supreme Court of Cal- ifornia, unassisted as in many other States ‘gariy, which met in this City on July 4. ubsequently, at the convention of the Re- publican party, Beatty was again nomi- | nated. At the election his vote was 124,617, | against 119,901 votes cast for Niles Searls, the Democratic candidate. In 1891 Chie the State Republican Convention to suc- ceed himself. His vote at the foilowing election was 133,095, against the Demo- | cratic vote of 113,018 for J. A. Stanly. His { term will not expire now until January, 1503. : Chief Justice Beatty isa most exceptional | man. Since his service on.the Supreme bench his rare_judicial qualities have won Lim an almost National fame. His political Justice Beatty was again the nominee of | but like him exceedingly as a man and a friend. Of the two Associate Justices of the Su- reme Court under the new constitution | who drew the twelve-yezr terms, the first was Justice Thornton. He served his full was succeeded by the Hon. Ralph C. Harri- son. Judge Thornton is one of the oldest and best-known jurists in the State. As early as 1850 he took an active interest and | played a prominent part in Democratic | politics. In 1862 he was made a State com- mitteeman of what was then called the | Breckinridge Democratic party. From 1878 till his election to the Supreme bench in the following year he served as Judge of 57 years. | term, which expired in January, 1891, and | | of the first State Legislature, representing ! Sacramento in the lower branch. By the | succeeding Legislature he was elected adjutant-general, though at that time but 24 years of age Thomas B. Van Buren nominated him in tihe Senate, and Jesse D. Carr in the A He left this office to go on the District bench. At the end of his term as District Judge, in 1838, \e was re-elected.. - He . went. to. Wasboe in the flush times, and in 1864 he and John R. McConnelland W. C..Wallace were the Democratic nominees for Supreme Justices of the State of Nevada. defeated. He returned’ to California and o, where, in 1867, he udge for a term’ of vears. In 1869 he was elected of the Twelfth District Court, run- as an independent candidate. In 3 he was elected Justice of the Supreme Court. again_runming as an independent candidate. located in San Franci was elected County four He was born in Detroit, Mich. Upon the resiznation of Justice McKins- try Governor Waterman appointed John D. Works to fill the vacancy, and at the following election in 1888 Justice Works was chosen to succeed himself. The Justices who drew the four-year terms, Ross and Sharpstein,both remained on the bench till the end of their terms in 1882, when each was re-elected to succeed himself. In 18386 Justice Ross resigned from the Supreme bench, and at the following election for the Supreme Court in the same year, Jackson Temple was chosen to succeed him. At the same_election A. Van R. Paterson and Thomas B. McFarland were elected to sue- ceed Justices McKee and Myrick, whose terms had expired. Here is an_interesting bit of history in connection with the service of Jackson Temple on the Supreme bench. of the most w! known men in the State. His own abilities at the bar and afterward on the Superior bench of Sonoma County gained him a_great deal of fame that was justly earned. But the mettle of thz man was perhaps best s tainly more notoriously shown—by decision in the famous trial of Ellen M. Colton, widow of the railroad millio j versus Leland Stanford and the directors of the Union Pacific Railroad. When Jackson Temple assumed the unexpired term of Justice Ross he began his second term of oflice on the Supreme bench, hav- ing served as an Associate Justice on the old Supreme bench between the years 1870 and 1872, and singularly enough ‘his previ- ous term on the Supreme bench had also been to fill an unexpired term of a Justice who resigned. It s Justice Sandersorr, who, having been re-elected to succeed himself, resigned in January, 1870. Tnis second term of Jackson Temple on the Su- reme bench was destined to be a brief one, e years later, in 1889, he resigned. Charles N. Fox was appointed by the Governor to fill the yacancy created in the unexpired term of Judge Ross by the resig- nation of Jackson Temple. Fox served until 1891, when J. J. de Haven was elected to serve out the unexpired term of Jackson Temple. This term expired December, 1894, when, as the ' fates would have it, Jackson Temple was elected to succeed Justice de Haven. Justice Sharpstein, the second to draw the short term under the new constitution, served out his term with much honor to himself, and in 1882 was re-elected to suc- ceed himself. He served ten years of his second term and was then gathered to his | fathers. He died in December, 189: Judge TFitzgerald, now the Attorney-Ge: eral of California, was appointed to serve Justice Sharpstein’s unexpired term. | When that term expired, at the end of | last year, F. W. Henshaw was elected to succeed Justice Fitzgerald. Judge Hen- shaw was reared and educated in Alameda | County. He graduated from the State | University and has served on the bench in Alameda” County in various capacities; first as a Justice of the Peace, then as Po- lice Judge and then as Judge of the Su- perior Court. His career in his profession has been a steady growth until now there is but one judicial officer—the Chief Justice—above him. | CALIFORNIA’S FIRST COURT. SUPREME CHIEF JUSTICE. 8. C. HASTINGS. ASSOCIATE JUSTICES, HENRY A. LYONS. NATHANIEL BENNETT. * The first Chief Justice of the first Su- preme Court of California was also the All of them were | He is one | of the newly organized Supreme Court, with Henry A. Lyons and Natnaniel Ben- nett as Associate Justices. The original constitution of California, | adopted in the fall of 1845, provided for a Supreme Court of three membe: d the | first Legislature, which met early in 1850, | passed an sct to organize the court. This | act provided that one Justice should be ! elected in 1851, one at each general election | | every second year thereafter, and that the | | to provide for the organ | court,and it was enacted that when a va | cy should occur the Governor should il i the out the unexpired term. Field had been elected on September 2, 1857, for the fuil term. This term began on January 1, 1858. 1In 1863 President Lincoln appointed Field one of the Associate Justices of the Supreme Court of the United States, and on May 20 of that year he resigned his seat on the California” bench. Tfie next day Governor Stanford appointed E. B. Crocker to fill the vacancy, and he served until the taking effect of the constitutional amendments of 1862. Justice Lyons resigned in March, 1852, and April 2 Governor Bigler appointed Alexander Anderson to_ fill the vacancy. At the general election in November, 1852, Alexander Wells was elected for this short term, and he took his seat on the bench in January, 1853. Wells was re-elected for the full term at the September election, and he assumed office by virtue of that election January 4, 1854, He died October 31,1854, and_in November Governor Bigle: appointed Charles H. Bryan to fill th vacancy. At the general election of 1855 David 8. Terry was elected by the people, and he assumed office in November. Terry resigned September 12, 1859, to participate in the duel with Senator David C. Broder- ick. Governor Weller appointed W. W. Cope to fill the Terry vacancy. Cope had been elected for the fullterm at the elec- tion held September 7, 1859, and he took office under that election on 'January 2 fol- | lowing, and served until the remodeling of the court jn 1864, Justice Bennett resigned in October, 1851, and Governor MecDougal appointed Hugh C. Murray to fill the vacancy. In Novem- ber, 1852, Murray was elected to succeed himself and he took office by virtue of that election in January following. Marray was elected for the full term in September, 1855, but he died September 18, 1857, and Governor Johnson appointed Peter H. Burnett to succeed him. At the next gen- eral election Joseph G. Baldwin was elected to fill the remainder of the vacancy and he assumed office in October, 1858. In Sep- tember, 1861, Edward Norton was eiected for the full term. Norton took office in January following and served until the change was effected by the adoption of the stitutional amendments of 1862. %62 the State constitution was amended to constitute the Supreme Court of a Chief Justice and four Associate Jus- tices, and it provided that the Justices should be elected at special elections to be provided for by law,at which elections only judicial and school officers should be elected. It provided further: The first election for Justices of the Court shall be ‘held in the vear 18 ices shall hold their offices for the term of fron day of Jannary next ion, except those elected at the v themselves, by lot, that one Justice shall go out of office every two years. The Jus- tice having the shortest term to serve shail be Chief Justice. In March, 1863, the Legislature passed an act providing that there should be held on the third Wednesday in October, 1863, and every two years thereafter, an election to be called the tion,” at_which Supreme Justices and other ju school officers. In April L and n act was passed ion of the new it by the appointment ofa nerson,who should hold until the next judicial election, and Justice elected by the people at such election should bold office for the balance of the unexpired term. It was also pro- vided that the terms of the court should be held at the seat of government. The | sala each. changed. Under the constitutional provision, on October 21, 1863, Oscar L. Shafter, Lorenzo Sawyer, Silas W. Sanderson, John Curry and A. L. Rhodes were elected Sup Court Justices. The new court orgar January 2, 1864, and in_accordance .wi law, the Judges drew lots to determine the tenure of their official terms, with the following result: Shafter drew for ten years, Rhodes for eight, Sawyer for six, Curry for four and Sanderson for two. Justice Sanderson was re-elected to suc- ceed himself in October, 1865. He resigned in January, 1870. Governor Haight ap- pointed Jackson Temple to fill the vacan, October, 1. A on C. Niles was elec Justice to ill the vacancy. He took the office January following, and remained on s of the Justices were fixed at $6000 | Governor should fill vacancies by commis- | sion, which should expire at the next gen- eral election, when the vacancy should be | filed by election. A further law | 1 was passed authorizing the Clerk of the i Supreme Court to rent a suitable room in San Francisco for the March term of 1850, provided that the rentof such room should not exceed §1000 per month. March 5 the Legislature fixed the salary of each Justice | at $10,000 a year. In the following month | an act was passed Frm‘iding for certain | special terms in San Francisco, after which | the bench until the new constitution took effect. ~ Royal T. Sprague was elected to succeed Curry in October, 1867, and took office i instry took of- fice January, 1874, and .served until the reorganization of the court under the new constitution. In October, 1869, William T. Wallace S, C. HASTINGS, THE FIRST CHIEF JUSTICE OF THE CALIFORNIA SUPREME COURT. [From a photograph.] the sessions of the Supreme Court should | In Febrnary, 1850, the Legislature passed an act classifying the Justices, so that Chief Justice Hastings should go out of office at | the end of two years from January 1, 1850, | Lyons at the end of four yearsand Bennett atthe expiration of six years from that date. March, 1851, a law was passed to have one Justice clected in 1852 and one at the gen- eral election every second year thereafter; bug in April another act was passed pro- viding for the election of one in 1851 and one every second year thereafter. This | Legislature also ?a“ed a law providing that the terms of court until January 1, 1852, should be held in San Francisco, and | after that at the seat of government. In | May an act was passed Emviding that | thereafter the sessions of the court should be held at the capital of the State. The salaries of the Justices were reduced to $6000 each in 1856. Justice Hastings served out his term, and at the general election held in 1851 Solomon Hevdenfeldt was elected to suc- ceed him. Heydenfeldt took oflice Janu- ary 1, 1852, and resigned January 6, 1857. Governor Johnson appointed Peter H. Burnett to fill the vacancy, and Burnett resigned October, 1857. Governor Johnson then appointed étephen J. Field to serve be held at the State capital. |3 was elected to succced Jus ce Sawyer. Justice Wallace assumed office in January, 1870, and served until the new constitu- tion effected a change in the court. In October, 1871, Rhodes was elected to succeed himseli, and he served until the new court came in. Justice Shafter resigned in December, 1867, and Governor Haight appointed J. B. Crockett to- succeed him. In October, 1869, Justice Crockett was elected to suc- ceed himsel:, and heé served until the change was effected by the new constitu- tion. The following list comprises the names, together with the date of their service, of all the gentlemen who have or are still serving on the Supreme bench. s S. HASTINGS, Chief Justice, 1849- 5 1sg-.l)em'y Al Lyéns. Associate Justice, 1849- 52. HENRY A. LYONS, Chief justice from January till March 31, 1852. Nathaniel Bennett, Associate Justice, D‘fiem:‘:er. 1849; resigned October, 1851. u, gl . Murray, Associate Justice, Oc- tober, 1851. HUGH C. MURRAY, Chief Justice, March, 1852; died September, 1857. Solomon Heydenfeldt, Associate Justice, 2; resigned 1857, 1, who, at their first meeting, shall | The salaries have not since been | Alexander Anderson, Associate Justice, 852: Alexander Wells, Associate Justice, 1853; died October, 1854, x £ Charles H. Bryan, Associate Justice, 1854-1855. 3 David 8. Terry, Associate Justice, 1855. DAVID S. TERRY, Chief Justice, 18575 resigned 1859, Peter H. Burnett, Associate Justice, from January, 1857, till October, 18! Stephen J. Field, Associate tice, 1857, STEPHEN J. FIELD, Chief Justice, 1859; resigned 1863. 7 h G. Baldwin, Associate Jaustice, ssociate Justice, 1859. , Chief Justice, from May, till January, 1864, Edward Norton, Associate Justice, 1862- 1864. b5 B. Crocker, Associate Justice, from . 1863, till January, 186 LAS W. SANDER , Chief Justice, 1864-18¢ Silas W. Sanderson, Associate Justice, January, 1866; resigned 1870. John Currey, Associate Justice, 1854-1866. JOHN CURREY, Chief Justice, 18 . Oscar L. Shafter, Associate Justice, 1864— resigned 1867. Lorenzo Sawyer, Associate Justice, 1864~ 1863, LORENZO SAWYER, Chief Justice, 1863-187 o L. Rhodes, Associate Justice, 1864 70. A. L. RHODES, Chief Justice, 1870-1872. e L. Rhodes, Associate Justice, 1872- 1850, 4?[\})} B. Crockett, Associate Justice, 580. Royal T. Sprague, Associate Justice, 1868 L T. SPRAGUE, Chief Justice, January, 1872—died February, 1572, \\]'il]i‘l n T. Wallace, Associate Justice, 1870-187 WILLTAM T. WALLACE, Chief Jus- tice, 187: V.]:)nckson Temple, Associate Justice, 1870« 5 Jackson Temple, Associate Justice, 1687— resigned 1889. Jackson Temple, Associate Justice, 1895— still on the bench. A‘:)ddlson C. Niles, Associate Justice, 1872~ 1880. liliuc S. Belcher, Associate Justice, 1872 E. W. McKinstry, 1874—resigned 1888, Erskine M. Ross, Associate Justice, 1880~ resigned 1886. Samuel Bell McKee, Associate Justice, 1880-188° M. H. Myrick, Associate Justice, 1880+ 1887. ROBERT F. MORRISON, Chief Justice, 1880—died 18: James D. 1880-1891. John R. Sharpstein, Associate Justice, 1880—died 1892. NILE ARLS, Chief Justice, 1887-1889, Thomas B. McFarland, Associate Jus- tice, 1887—still on bench. Van R. Paterson, Associate Justice, | 1887—resigned 1894. John D. Works, Associate Justice, 1888- 1890. WILLIAM H. BEATTY, Chief Justice, 1889—s=till Chief Justice. ociate Justice, from v, 1891 Ralph C arrison, Associate Justice, 1891—still on bench. | C. H. Garoutte, Associate Justice, 1891— | still on bench. J. J. De Hayen, Associate, Justice, 1891- Associate Justice, ornton, Associate Justice, | X, AS till Januar, | 1895. | W. F. Fitzgerald, Associate Justice, 1893- | W. C. Van Fleet, 1894—still on bench. . W. Henshaw, Associate J still on bench. RATES O CRUSHED acK, The Good Roads Commission Receives Figures From the Railway. Associate Justice, us tice, 1895— Machinery at Folsom Quarrles and Delivery-Cars to Be Bulilt by the State. Jacob Neff, Edgar DePue, J. L. Maude, Marsden Manson, Daniel E. Hayes and R. C. Irvine of the State Commi: n on Pub- lic High' s held a conference yesterday with Vice-President Stubbs and General Traffic Manager 8murr of the Southern Pacific Railway Company regarding freights on broken rock from the Folsom quarries to all parts of California reached nes of the Central and Southern Pa- ific. When the Commission on Good Roads was appointed during the last session of the Legislature the proposition to build and operate a plant for crushing rock at the Folsom State Prison quarries was dis- cussed. Provisions were stated in the premises. These were to give all counties in the State on railway lines the benefit of a cheap supply of rock from Folsom prison to be used in building roads. Now the Good Roads Commission has settled into work with a determination to push mattersabead as fast as possible. Its iirst really important move was made yes- terday when a conference with the railway officials took place. The commissioners stated that they would establish an extensive rock-crushing plant at Folsom, to be operated by water power, which is now going to waste. This, of course, was conditional. If the railway company would make favorable rates the plant would be assured. A long schedule of rates was thereupon presented to the commissioners, who expressed themselves as highly pleated with the figures, which, they saia, argued well for good roads. The comn oners stated they would see whether orders for 50,000 cubic yards of broken rock can be got immediately from counties desirous of building good s. If orders for this amount should me in the State will begin operations at once on the machinery and will purchase a large number of railroad cars of peculiar style for transportation of rock and dump- | ing it at points of delivery. Just as soon as the crushers and cars were finished the State Board would deliver broken rock by’ ail at merely nominal cost throughout California. Mr. Stnbbs of the Southern Pacific stated. that action on the freight schedules will Le deferred till Governor Budd, who is ex- officio a member of the Commission on Highways, returas from the springs, where he is under treatment for rheuma- tism. Until the com ’s offer is sub- | mitted to Governor Budd the rates will not be made public. BORDE EAGLE Brand, «~CONDENSED MILK.. Has No Equal LD SVERYWHERE S0 IS THEVERY BESTONETO EXAMINEYOUR ge- znd fit them (0 Spectacies or Eyeglasses Vi instruments of his own invention, whose cuperiority has not been equaled. M$ success Leen due 10 the merits of Wy Works | *Gllico Houra=12 104 7. 20