The San Francisco Call. Newspaper, June 23, 1895, Page 6

6 THE SAN FRANCISCO CALL, SUNDAY, JUNE 23, 1895. PRAISE FOR THE CALL The Improved News Service Attracts Widespread Attention. A SURPRISE T0 THE PEOPLE. The Big Paper on Friday Recelves the Commendation of Promi- nent Men. ser- generous ex- in a ve them the y of the its patrons. y extensive iz of the It of a very have ced on an g Four” in_the am of the s way the s CALL was a journal wonder, and the vers kindly anc n every parent o v page | ctor Block’s chief | e CaLL is strictly has done seems what it intend: t of Williams e CALL seems to be | Herzer said: to be a feature of not San Francisco, but the New orning of late,” vondering what | morning I was, prised at the last | 2 | Lawlor of the Board of Health | heold CaLyisa strictly modern | n nowadays. Its revelation of f what i doing is only the dvance for months , Mayor Sutro’s T flies may at d on the CALL in times seem to have no place on the and the latter-day news ser- thod Angelo and Danforth sang ing succeeds like sdccess. the Federal officials the new h its improved telegraphic ser- d a gooa deal of comment. CaLy has again broken away from the traditlons of the daily press, and i ng the news through new chan- eaid Deputy Postmaster Doyle. “Judging from yvesterday’s and fo-day’s issues the venture is a success, and the United Press is to be congratulated for the manner in which it is filling the bill. Can- didly, I think the change from a news standpoint is an improvement, and the foreign and Eastern news in the CaLy is better than ever. 1 am not a Republican, but I take the CaLy regularly, and I am glad to see that it is improving rapidly.” “The CaLL’s telegraphic news has al- ways been very complete, but now I see that it is better than ever,” said Collector. of the Port John H.Wise. “I read the other morning papers in my office here, but I always reserve the CaLz until I have finished my dinner. Then to the accom- paniment of & good cigar- I read the news of the day. During my perusal I have noted many telegrapbic items of interest to me that 1 have not seen in the other papers. I think with the increased tele- graphic facilities which The United Press gives the CaLy it it will distance its con- temporaries in foreign and domestic per,”’ said Deputy news.” “The CaLL is a great fm Collector of Internal Revenue Louis Loupe. “Mr. Shortridge seems determined 1o get out of the rut at any cost and there can be no question that he is turning out a live paper. I like The United Press tele- grams. There is snap in them that carries conviction and the details help out the story wonderfully. I take great interest in the paper and am glad to see it pushing abeed. When it comes to telegraphic news, however, I must confess_that I take greater interest in California happenings than I doin what is going on in the East and Europe.”’ 1 like the CaLy but I will wait and see how The United Press is going to handle the telegraphic part of the news before I pass an opinion,” said Internal Revenue Agent McGlachlin. ““The Associated Press has been fairly accurate, hut like all other well-regulated fam t is liable to make mistakes. It has gof to a rut, however, and ruts are what Mr. Shortridge does not like. So far the CALvy’s telegraphic news has improved.” g On ’Change and along the City front the new departure of the EALL was fayorably commented upon, its appearance having attracted attention everywhere. Shippin, Imen are quick to notice improvements an to appreciate a good thing. 2 “The CaLL is up to_date,” said A. E. Pryor of Piper-Alden-Goodall Company, “and 1 think they have made another move in the right direction. I have no- ticed with great interest the steady march of improyvement in the paper, and -its standing to-day is another proof of what enerey. enterprise and good management will do,” ‘“That's a great paper,” commented Har- Jbor Commissioner Chadbourne. " . *The Cary has been publishing the news right along—all the news, with a shade ahead of its com{n:mnn on local matters; and with a combination like the one it has made-it ought to be the greatest newspaper on the coast. There is nothing like pluck and enterprise in the newspaper business,” _“The CaLy has been printing more Pa- cific Coast news. than nni gwe&on the coast,” said C, C. Bruce ol Bruce, Bowne iThe Los Angeles Consolidated | | bolders, they hav | The present company has no title except |and at the same {ime form a company | $3,000,000, most of which is held by San & Co.. “and with the New York Herald, Sun, Times and Tribune_to draw from for the news of the world I shonld imagine that in a very short time it would be right in the front ranks of journalism in the United States. Its reputation for local news is already established.” have maintained rig 1 CaLr was the peer if not the superior of any paper published in San Francisco, was the comment of Commissioner Cole. “It gi the news in just the shape tuat the business man wants it, and to my one of greatest qualifications No man need to be afraid to i family. There is to offend a man’s ency, and you can always find 1 it In its new departure it is shown that Mr. Shortridge is a man who thoroughly understands his business and knows what the publicwants. Itisa great stroke of enterprise and the paper isen- titled to the success which will surely crown its efforts.” “La i the CALLis taking The United atches,”” said Congre ilborn, “as we shall now get news zll the tis If the CaLL p its improvement in news-gathe ties and advances as rapidly become the great leader of the mproved service | ent took hol | generous devotion to the aff: n | terest the people of the Pacific Coast is winning friends for it daily. The sensa- tionalism of the press in general will regu- late itself in time, but the determination of the CaLL to give space to the news of the world in general and to the Pacific Coast in particular. in preference to the unsavory sensational stuff that is interest- ing to only a small number of readers, will ive the paper the prestige when the pub- ic gets done with trash. You may depend upon it every move toward improved | news service will be appreciated by the public. I bespeak for the CALL & great suc- | cess and a great name.”’ W. D. Woodbary, civil engineer, said: | “The CALL is a live newspaper and this added news service makes it a great news- paper.” Dana Perkins, State Librarian of Sacra- mento, was enjoying the paper in the cor- nidor of the Grand Hotel and remarked ap- preciatively: *The CALL is a nailing good aper and i§ getting better all the time. §VE all take it up our way. It isclean and newsy and easily enough the leading jour- nal west of Chicago.” H. C. Whiting, general manager of the | San Francisco and North Paciiic Railroad, said: “The Cavry has made great advance- ment recently.’’ MRE 10 SELL THE h0AD | | i } Railroad to Be Reor- ganized. f President Brown Says That Exten- sive Improvements Will Be Made. Angeles Consoli- 1d ostensibly to ¥ to the bond- formed a dated Railroad will be s the highest bidder, but re company to tak Since the conso ] | electric and cable roads of Los Angeles, their a s have been in a complex state. by lease, and to create a perfect title, financially able to pnt the road ona pay- ing basis, is the reason assigned for the coming sale, The road has a bonded indebtedness of Francisco capitali: It is understood | that the Bank of California and the Pacific 2olling-mills are large bondholders, and it is mainly at their instigation that the forthcoming sale is to be made. In April | last Thomas Brown, cashier of the Bank of f California, was elected president of the mpany now controlling the road, and it believed that he will hold the same posi- tion with the new company. Mr. Brown | also owns a large block of the bonds. “Most of the bonded indebtedness of the Los Angeles Consolidated Railroad is held by San Francisco parties,” said President Brown last night. “The August sale isat their instigation, and is merely 2 means of arriving at a legal formation of a new com- pany. The mortgage, as is well known, was foreclosed a few weeksago. Just be- fore that time we thought to make a thoroush investigation of the condition of afizirs and the probable cost of needed im- provements. So with that idea in view we sent down Hassell and Hunt, the Mid- winter Fair electrical engineers. They | have gone over the road carefully, and Mr. Hassell will file his report with me in | a few days. ‘“We are now building three or four miles of new road, though more extensive con- struction will take place after the sale. An | order for ten new cars has been put in, and | it is probable that this will be duplicated within the next sixty days, and after the sale the entire system will be changed from cable to electric and other improvemeuts beneficial to the road made. . “It has been erroneously reported that the Bank of California held alargeamount of the stock of the consolidated road as coliateral security for a loan made the Pa-~ cific Rolling-mills. “That is a mistake, for the bank has not one dollar of stock as collateral, and the bonds held by the rolling-mills are free from debt of any description. Just who does hold the bonds in San Francisco I am unwilling to sky, for the simple reason that the parties interested might not wish it known, I can say this, however, that the bank is not_interested in any way, ex- cept that it holds a few bonds, though it wi‘l)l take no active interest in the manage- ment of the affairs of the road. “As soon as Mr. Hassell makes his re- port I will be in a better position to tell ust what will be done, but until then 1 Lad rather not go into any further detail than I have.” A COMMUTER'S STANDING He Must Institute All Suits on His Own Special Ticket Contract. | G. H. Perry Loses His Action for Damages Against the South- ern Pacific. The suit of G. H. Perry, to collect $1000 damages from the Southern Pacific Com- pany, has been decided by Judge Slack to be without merit. Perry sued for the damage done by the refusal of the railroad to transport him to the City during the strike of ayear ago. The plaintiff was a “commuter,” and during nine days, when the strike was in its most serious period, the trains of the Sonthern Pacific Company failed to be run on time and he lost business. He claims that, on his ticket, he had a contract with the railroad by which they were compelled to_carry him on time, and when the; failedto do so, through no act of his an not through any act of God, he alleges the company violated its contract, and is liable for $200 for each breach. Judge Slack decided that when riding on a commutation ticket Perry was riding on a reduced rate, given in return for the waiving of certain privileges, and tnat, therefore, while under a regular ticket he might recover, still, under the commuta- tion contract, he must enter suit on the specific contract made, and not on the gen- eral and implied one. And, even snould such a suit be brought, the Judge holds it could not be successful. The refusal of the | railroad to transport was not voluntary, and, therefore, it is not liable. |mxs:, Captain Richard W END OF THE LICK TRUST, A ¢ht along that the | The Payment of the Fair Es—} tate Debt Concluded Its Usefulness. TWO OF THE MEMBERS DEAD. Academy of Natural Sciences and California Pioneer Soclety Get $600,000 Each. After nineteen years of useful labor spent in rearing monuments to the memory of James Lick, Edwin B. Mastick, Charles M Plum and George Schonewald are ready to | go into couft and asked to be discharged | from their long responsibility as Lick trustees. There were two other members of the 8. Floyd and am Sherman, but these laid aside their responsibility long since in obedience to the decree of a much higher court. But all five of the entlemen named | have played their parts in rearing these Lick monuments. And what monuments 9 tember, 1875, he made a new deed, | which he conveyed all of the property | Richard S. r‘loid‘ F. D. Atherton, Bernard | D. Murphy, John H. Fick and John Night- ingale. The termsof that trust deed have ever since remained in full force, and un- der its terms the trusts have been executed. On the second day of September, 1876, the | present board, consisting of R. S. Floyd, | William Sherman, C. M. Plum, George | Schonewald and E. B. Mastick, was a] | pointed by Mr. Lick, and the members of | the second board resigned in their favor. i Mr. Lick died October 1,1876. His son, ! residing in Pennsylvania, took steps to | contest the trust deed, and the result was | a compromise by which young Mr. Lick | was paid $500,000. The board then started | in to execute the trusts, beginning with | the greatest, the telescope. Thus for | twenty years the work has ne on. | Each trustee under the trust deed was paid | only $1000 a year for his services. | The last weighty business done by the | trust was to cofiect $181,000 from the Fair | estate in satisfaction of the mortgage held | by the truston the Lick House. James Lick paid $64 for the lot on which the Lick | House now stands. James G. Fair bought the entire premises for §2,000,000. 5 All that now remains for the members of | the trust to do isto make their final re- i Yort to the court and ask to be discharged. n the report it will appear that the Acad- | emy of Natural Sciences and_the Pioneers Soclety will receive about $600,000 each, | and that these institutions have agreed to assume a mortgage of $100,000 on Santa Catalira Island, and some smalier mort- gages. _The receipts of the trust have been about | $5,000,000, from the sale of real estate, stocks, bonds, and the collection of rents. It was in September, 1875, a year before JAMES LICK. [From a photograph by Taber.] they have been! The first of these wasthe statue of Francis Scott Key, author of the “Star-spangled Banner,” erected in Golden Gate Park at a cost of $60,000, There were eleven other philanthropi¢ projects, as follows: % Lick Observatory on Mount Hamilton, $700,000, Protestant Orphan Asylum, San Fran- cisco, $25,000. Protestant Orpban Asylum, San Jose, Ladies’ Protection and Relief Society of San Francisco, $25,000. Mechanics’ Institute of San Francisco, for the purchase of scientific and mechani- cal works, $10,000. 2 Society for the Prevention of Cruelty to Animals of San Francisco, $10,000. Family mon Pa., $20,000. 4 Old Ladies’ Home of San Francisco, with separate trustees to manage it, | $100,000. Free baths on Tenth street, under sep- arate trustees, $150,000. School of Mechanical Arts, under sep- arate trustees, $540,000. Monument in City Hall Park, $100,000. The trustees consider securing the great | 36-inch lens and the completion of the | observatory on Mount Hamilton as their greatest work, attracting as it has the at- | tention of the entire civilized world and furnishing in fact as well as name; an en- during monument for James Lick, marking his grave as well as his memory. Equipping the telescope was the first wor?( of the trusiees. The deed called for a telescope “‘snperior and more powerful than any telescope ever yet made, with all the machinery appertaining thereto and appropriately connected therewith, or that is necessary and convenient to the most powerful telescope now in use, or suited to one more powerful than any yet con- structed; and also a suitable observatory connected therewith.” Although now the prospects seem good for a 40-inch glass for the Yerkés tele- scope in Chicago, yet when the trustees set about their task the 30-inch Pulkowa glass was the largest known. A 36-inch glass was decided on and Alvin Clark & Son of Cambridge undertook this important step in the production of the largest telescope. Consultations were had with optical-glass makers in England and France. After nineteen trials and a lapse of two years Fiel & Sons of Paris were suc- cessiul and made the great objective. In October, 1887, they reported that the glasses were made, and immediately thereafter the same were placed in a Pullman car spe- cially prepared for that purpose, and with the greatest care transported across the continent to Mount Hamilton. Warner & Swazey of Cleveland, Ohio, made the mounting machinery and the Union Iron ‘Works made the steel floor and the great dome. The observatory building was then finished, and in June, 1888, the same, with all the instruments and equipments, was turned over to the regents of the uni- versity. The observatory, while the first work undertaken by the trustees, was not the first completed, for the casting of the lens, the grading of Mount Hamilton site and other tasks took much time. Bequests to orphan asylums, etc., the erection of the family monument and the Old Ladies’ Home were all disposed of before the ob- servatory assumed permanent shape. The tenth trust, the Old Ladies’ Home, was completed in 1884, The trustees for that institution were named by Mr. Lick as fol- lows: A. B.Forbes, J. B. Roberts, Ira P. Rankin, Robert McElroy and Henry M. Newhall (now deceased), and they still }l:uve the control and management of the ome. With the recent opening of the Lick School for Mechanical - Arts, for which $540,000 was provided in the trust deed, all San Franciscans are familiar. The school gromiseu to become one of the best in the tate, having its chief value in offering to the youth of the State free education in the helpful arts of life. The trustees of the school now are: Horace Davis, A. S. Hallidie, John O. Earl, Rev. Dr. Stebbins, John H. Boalt and James Spiers. It was on the 16th day of July, 1874, James Lick made a deed of trust to Thomas . H. Selby, D. 0. Mills, Henry M. Newhall, William Alvord, George H.rfiow- ard, James Otis and John O. Earl, by which he conveyed to them all of his prop- erty, real and personal. Under this deed the grantees performed certain work in the line of the provisions of the irust. On the 27th of March, 1875, this deed was revoked by Mr. Lick,and on the 2lst day of Sep- ument at Fredericxsh\lrg,! | his death, at the advanced age of 80 years, | that James Lick executed his trust deed bequeathing $1,941,000 worth of property for varions specified objects or trusts. This property has grown in valueso that the trustees were able not only to pay out over 4 half million as the result of compromise litigation, buthave now over $1.200,000 of surplus for the residuary legateee, an ad- vance in valuation during the twenty vears of about $1,700,000 in round numbers, or an increase of nearly 100 per cent. James Lick was born in Fredericksburg, Pa. in 1 and died at San Francisco October 1, . Afterreceiving a common. school education he worked as an organ | and piano maker in Hanover, Pa., and | later in Baltimore, Md. In 182) he estab- | lished a business of his own at Philadel- hia, but a year later he emigrated to Yineuns Ayres, where for several years he manufactured musical instruments. South America. He I daughter in Philadelphia, but the nfiller objected. “Young man,” said the miiler, “when you have 2 mill as big as mine you can have my daughter.” “In a few years I'll have one bigger than { that,” was James Lick’s reply. And it | fell out that way. When he went from South America to California in 1847 he had about $40,000. This he invested in real estate and in other enterprises. The last years of his life were spent in California, where he was president of the Society of California Pioneers. He had the reputa- tion of being unlovable, eccentric, soli- tary, selfish and avaricious, and it was said that his disagreeable character re- sulted from his disappointment in love. To keep his word with the father of his San Jose at an_expense of $200,000. The interior was finished in costly unative woods, highly polished, and fore it was destroyed by fire it was considered one of the curivsities of the neighborhood. Charles M. Plum, who knew James Lick perhaps as well, if not better, than any man alive to-day, has many interesting reminiscences to relate of the dead philan- thropist’s peculiarities, “I had many quarrels with him,” says Mr. Plum, “but they were usually of short duration. He always came around all right in a short time. There was one worth retelling in connection with the for- mation of the trust. “‘James Lick really had three sets of trus- tees before he died.” He fell out with the first set and paid Mr. Felton, his lawyer, $100,000 to break the trust. In this he was successful, and then he named five others, among them his legal son, John Lick. But John Lick was afivised not o sign as trustee, for it was said that it might have some bearing on his claims as a legatee, and he never did sign. There was more trouble about this new set of trustees, and Lick decided to discharge them. I well remember the circumstances. I went to Calistoga, and while there some one asked me if Idid not want to see Mr, Lick, as he was sick at the hotel there. I had not known that he was in town, and I replied that I would like to see him, and I went to his room. He then said that he thought he would change his trustees, and I said to him: ‘Mr. Lick, why do you wait until you are dead? Why don't you carry out” all these things that you %ropoae while you are alive? Matters of this sort go tothe dogs when a man dies. Why not see that they are properly carried out while you are alive?” He flew into a rage and_sat up in bed. Tt was the first time he had been able to sit up without.assistance for weeks. He | fairly frothed at the mouth, and exclaimed : “Young men are always visionary; you are alwaysinterfering with my affairs.’ I went out of the room, because I saw that I had gvr;nly excited him, but as I went I said: ell, that is what I would do if I were you.’ I saw no more of him for some time —not until I received a message from him, much to my surprise, asking me to call at his rooms in the Lick House in San Francisco. I went, and found him in bed. He said, ‘Mr. Plum, I am going to discharge my trusteesand I went you to get me four more.’ I did not ~want to see him do that and I said so, but he declared that he would and that I must get him four more by 3 o'clock in the aiternoon. He held his watch in his hand and said, ‘Mind you, I want them b; 3 o'clock.’ I looked at my watch it was then along in the forenoon. I went out, not knowing what to_do, but deter- mined {0 go to my legal adviser, Mr. Mastick. T had some trouble in findi him, but finally suceeeded, and we went | It was a love affair that drove him to| loved & miller’s | | held the loftiest patriotism and the greatest { love of his country; witness | monument and, the historical monument. by l to see the old man. It was just 3 o’clock toy and he was expecting us. “‘He still held his watch in his hand.and I suppose it was fortunate that we were so Eunc!\z&l. for he might have again changed is mind. This was on a Sunday. Mr. Mastick was violently opposed to his up- setting the trust, because he thought he would spoil everything. So Mastick said: ‘Well, this is Sunday, you know, and we P- | can’t do anything legally to-day; we must wait until” to-morrow.” We called again the next day, and I wrote the names of Captamn Richard 8. Floyd, William Sher- man, Edwin B. Mastick, Charles M. Plum and George Schonewald on a piece of paper and he was satisfied. - “I look upon John Lick as a most phil- anthropic man. It is not understood that he fully accepted his father's disposition of his money, although out of all his mil- lions the elder Lick left him only $300,000. It is true that John Lick contested the will, but only to the extent that he objected to the acceptance of so small a beguest. He thought it reflected on his dignity. He told me that he had no objection to the money going to the purposes of the trust, and thmng% his_acquiescence the matter was compromised. We went into court and it was ordered that we pay $580,000 to him and James Lick’s Eastern relatives. There were about ninety of these. The $500,000 went to John Lick and the $80,000 went. to settle all the claims of the other relatives. It was a cheap settlement, for we succeeded in disposing of all ible claims against the Lick estate. The Eastern relatives got only about $1000 apiece. “The trust originally amounted to $3,000,000, but the property depreciated to such an_extent during the depression of I879 and 1880 that when we came to figure it up the money would not go around. It was $500,000 short, and if we had gone on then and settled the estate some one of the institutions would have had to be omitted from the list. As it is, we have fulfilled all the trusts and have $1,200,000 on hand to be divided between the residuary lega- tees. We have now placed the matter in the hands of Mr. Mastick and prepared our vetition to the Probate Court, which he will present. I do not think I could have suggested to James Lick better men than those who have carried this great work through. Ca&min Floyd died from the effect of his efforts on Mount Hamilton in the establishment of the Lick observatory. He was most devoted to his trust,and a good men in every respect.” In his speech ‘at the unveiling of the Lick statuary at new City Hall avenue Trustee Mastick thus spoke of James Lick and his works: “Each_and allll %f the n;usu have been approved by all the people in a way to bn&g out in sirong and bright relief the real character of Mr. Lick. Though in his fienenfl intercourse with people he may ave seemed to be rough, yet his heart the Key Also his love for animals is shown by the fact of his giving $10,000 to the Society for the Prevention of Crnelty to Animals, acs companied with the hope expressed by him that the trustees of said society may or- ganize such a system as will result in establishing similar societies in every city and town in California, to the end that the rising generations may not witness or be impressed with such scenes of cruelty and brutality as constantly occur in this Stafe, “For the young and helpless he gives to three orphan asylums $25,000 each. “For the aged and needy ladies who are unable to support themselves and who have no resources of their own he founds | one institution to be called the Old Ladies’ | Home, with $100,000. *‘For the health and comfort of the { plehe caused to be expended $1: for the erection and maintaining of free baths | in the city of San Francisco, the same to | be forever maintained for the free use of the public. “To educate boys and _girls in the practi- cal arts of life he founds and endows the School of Mechanical Artsat a cost of $540,- 000, the school to be open to all the youths born in California. “For the benefit of ail of the people of the world he causes to be expended $700,000 in the construction of a powerful telescope, superior to and more powerful than any telescope ever yet made, with all the ma- machinery appertaining = thereto, suit- able to a telescope more powerful than any yet constructed. To make this great in- strument and all its ax::rliance: permanent and enduring he caused it to be conveyed to the Regents of the University of Cali- fornia. ““And, finally, that which is left shall be divided equally between the Society of California " Pioneers and the California Academy of Sciences, showing his regard for his comrades, the early pioneers, and his love and regard for the sciences. “All of these are living and permanent trusts. He embraced within the scope of his benefactions all that tends to protect, to preserve, to promote happiness, to ele- vate an to benefit his country and man- kind.’ | old sweetheart he built a flourmill near |. SANTA ROSK'S CITY BONDS They Have Been Declared to Be Illegal by the Supreme A GUIDE FOR JURYMEN, Compiled by C. W. de Medici, Who Was Censured for Taking a Drink. ETHICS OF THE COURTROOM. Clircumspection in Behavior Taught by the Recent Case of Br. Buchanan. During the trial of Dr. Buchanan one juryman learned by hard experience that one acting in such a capacity must be cir- cumspect in his behavior. This was Charles W. de Medici, 2 mathematician, who was censured for taking a drink with Charles W. Brooke, counsel for the de- fense. | r NEW TO-DAY. Talk About Shoes” ‘‘Well-wisher” writes us: ‘“T'alk more about yourshoes —Iless about prices.” As if it were best to talk least about that which dis- | tinguishes us most! It's admitted that our shoes are all right; good 66 The incident led Mr. de Medici to study the subject, says the New York World, | and to con:gilea juror's manual.- It was commended by the late Judge Martine, | and is reprinted here: ! 1. It is the duty of a juror to become ac- | quaintea with ths obligations he owes the | community which he represents while per- | forming the functions of a juryman. He should know the relation of himself to the Judge on the bench (the court) as well as to his fellow-jurors in the jury-room. 2. Every talesman drawn as a juror should understand he is supposed to be a | reputable citizen, who temporarily ha: been appointed & factor in the administra- tion of justice by the people. ! 3. He should be willing for the time he | fills that responsible position to relinquish claims to personal prerogatives which in any way will detract from the dignity or interfere with the just performance of his | jury duty. 4. It is supposed that persons fit for jury duty have sufficient intelligence and “wiil power to overrule any bias or prejudice re- sulting from reading or hearing something about the case on trial other than which the evidence suggests. 5. A juror should bear in mind that the Judge on the bench is his preceptor, and for the time the highest authority as re- gards interpretation of the law bearing on the case before the court. 6. Every person tried before a court of justice has a right to be considered inno- cent until all the facts in the case are brought out by evidence to the contrary notwithstanding that the same person has been indicted by the Grand Jury, which means that the defendant has been. accused of something not yet roven. If, therefore, iusug‘iciem evi- ence or conflicting testimony creates a doubt in the minds of the jury the defend- ant has a right to expect the benefit of such doubt. provided there are sufficient reasons given to sustain the doubt =o as to make it a reasonable conclusion. 7. When a juror is sworn and seated in the jury-box be has a right to know that he and his eleven fellow-jurors are soie judges of the testimony elicited during | the trial as to whether it is true, doubtful or false. He has also a right to deliberate and sift the testimony given so as to determine in his mind what the facts are which have been estab- | lished by evidence and what part of the given testimony has failed to | vae any fact. Furthermore, the juror | as a right to discriminate between opin- | ionated testimony, apparent facts and real | facts; and it iseven his duty to disregard | uncorroborated testimony of experts and informers. He has, however, a right to accept the defendant’s statement for what it is worth according to his ewn conscience. ‘8. Dignity should reign in the jury- Toom by self-imposed respeet fitting the occasion. Neither frivolity nor indiffer- ence should be manifested. The executive | function of the juror beginsand ends in the jury-room, and each one should se; ously consider the moral responsibility imposed, which.on the one hand ealls for arighteous verdict in conformity to law and order, and, on the other, for that hu- mane consideration which every unfortu- nate fellow-citizen expects from a right- eous jury. 9. ile every juror has the privilege to think over the evidence and testimony given in his own way, he should not per- mit himself to become opinionated and refuse to reason with his fellow-jurors so longas a single question relating to the case remains unsettled. 10. While, according to law, one juror | can hang the whole jury, it is not goodi form so to do where no reason for such act | exists other than one’s own willful disposi- | tion. 11 Tt is not good ethics for all to talk at once in the jury-room. The foreman of a jury should be’ respected by his fellow- jurors as the chairman of any decent | meeting, and it is supbposed when he calls for order it will gracefully re- ceived and obeyed. The first move of the jury, after’ order is called, is to Court, They Were Not Made as the Original Cali for an Election Described Them. The bond issue of $165,000 which was de- cided upon at a recent election in Santa Rosa has been declared illegal by the Su- preme Court and the whole proceedings must be recommenced. The validity of the bonds was decided upon in an agreed case, in which W. G. Skinner, who repre- sents himself as a taxpayer of Santa Rosa, sues to enjoin the City Council from sell- ing the bonds to Robert Effey, the Mayor of the city. The Superior Court of Sonoma County dismissed the injunction, but the Supreme Court has issued the restraining ballot for the guilt or innocence of the defendant in a general way. (Raising of hands is not expected in a jury-room). ‘When the ballots are counted arguments of opposites are in order, after which new ballots should be taken. Reduced to a small opposition, compromise as to de- gree of crime is in order, and good and in- | te}hgent]urox;s will not disagree where a fair compromise is possible without ignor- ing the law or denying the facts. . Embracery is a serious crime. This should be understood by every juror. Embracery means that a_juror has been affected, direcily or indirectly, by per- ! sons interested on either side of & case | on trial s0 as to cause him to omit doing his duty as a juror. To establish the crime, however, mistrial must result. Nevertheless, it is wiser and better for any juror to keep his mind to himself as well as his own company during the ti order and reversed that part of the de- cision of the Superior Court wkich related to the validity of the bonds. The reasons for the reversal of the judgment are that in some particulars the ordinance upon which the bonds were finally issued did not exactly coincide with the advertised description of the bonds u%on which the people voted and upon which it was decided to make the issue. In the original description. the bonds were made g-ysble at the treasury of Santa Rosa, but as they did not meet with a ready sale this was changed to make them guy:hle in the Chemical National Bank of ew York, also changing in a slight de- ég;ee the aggregate rate of interest upon em. The Supreme Court holds that the usur- pation of this privilefie by the City Council is dangerous as well as illegal.” If such were its power an issue of bonds coula ‘'be advertised for and decided upon by the people, a low rate being set, and then the _conncll could do as it pleased in changing it. It nulliies the desires of the people, as expressed in.an election, and therefore the ngp:llnbe court holds it illegal and issues the injunction prayed foe. The bond issue’ was decided ypon an oxx;ier to procure 2 water system for Santa 82, Swift never talked about his writings, and seemed to re them merely as means to an end, this being his own per- sonal advancement. The “Tale of a Tub" got into print without the knowledge or consent of the author, but Swift had suffi- cient regard for his own fame to publish a correct edition as soon as he read the gar- bled version that at first appeared. —————— Longfellow was slow to talk about his own poetry, but from hints given by his biographers it is eyident that he considered “Evangeline” as his best, and his transla- tion of Dante as second in point of merit. Many of his admirers will agree with him as to the first, few as to the second. He | once I would use a different meter.” said: “If I wereto rewrite ‘Hiawatha’ | NEW TO-DAY. THE OWL DRUG CO., CUT-RATE DRUGGISTS ! 1128 Marlket Street, SAN FRANCISCO, 820 S. Spring Street, L0S ANGELES. BEWARE OF PEDDLERS OF VERONICA WATER. ‘We have just received direct from the springs at Santa Barbara 100 cases n;rfllfls Ppopular water, ice 40¢c Bottle. BOTTLING OF 1888. V. BOTTLI EVERY BOTILE OF Walker’s Canadian Cluh Whisky “‘L huxmb":nx:eT;m ummm Government's 1fi- bottled in the year 1888, . © e Price 81 per Bottle. oflc] :4_:!;: m- of a Bonlzw Y’ 's Sarse, 's Ei Aversor m.u'_'- Bmpm. c.fi.’»&“é‘,‘,‘.fi:':i S0AP—YES, TOILET S0AP. Manutacturers of Toilet Soa Ive us the credi: of buyiug more soap than Ifi'lfl ‘wholesalers l; San inco. Wo credit them with knowing wg‘mhcey&uu lflm‘e the Imlhfl. e W we T & world-beater in Jine—25¢ worth of soap for 10c. g S KIRK’S: COLLEGE S0AP, 3 cakes in box, 10c per box. Others ask 25¢ a box. > Write for price Tist & ctnalte for price That of Drugs, Med: Pacific 'nts . ol TR, coons Write for Catalogue. DI, shoes—shoes of the day. But so are those in good re- tail stores. Why should you come here—to the factory—why leave the beaten path unless to save money? Easier to stay in the rut, and better f nothing’s to be gained. We WILL talk about prices—the good, cold, com- fortable coin we save you. SHOES RETAILED AT FACTORY PRICES. ROSENTHAL, FEDER & CO., 581-583 MARKET ST. NEAR SECOND. _Open till 3P. . Saturday Nights till 10. [ e mma 5= oo The MAJESTIC, he Old Eastern Reliable. MAJESTIC, Arrives on the Pacific Coast. MAJESTIC, Handsome 1895 Model. MAJESTIC, 22 1bs. Light-Running Roadster. The MAJESTIC, The MAJESTIC, The The The The Thoroughly Guaranteed. MAJESTIC, 875 and $85. Favorable Térms. MAJESTIC, ‘Wholesale and Retall, 14 Geary Street (COR. MARKET), SAN FRANCISCO. The I7 you want to buy or sell a strictly First-class wheel—the very best—worite or come in and see us. It will please us to give all the information yow desire with- out boring yow by rumning other wheels down or our own up. MAJESTICS will be delivered FREE | to ali parts of the Pacific Coast where we have no agents, at San Francisco Prices. FRANKLIN PUINAM, Pacific Coast Agent. WHALEBONE. PACIFIC STEAM WHALING COMPANY'S Genuine Shell Whalehone “Orea Brand.” Specially Prepared and Selected for the DRESS G0GDS AND CORSET TRADE. All Sizes. Every Package Guaranteed. One trial will convince you of its merits and superiority over all other brands in the market. LAD ES 5ee that vour dressmakers do not use inferior grades or substi- NONEEQUAL T0 OUR “ORCY BRAND.” Never breaks, most elastic, lasts longest, che: est and best. 5 " For sale by all the leading dry-goods houses Office and Factory, 30 California Street, SAN FRANCISCO. DR.MCNULTY. HIS WELLKNOWN AND RELIABLE SPE- clalist treats PRIVATE CHEONIC AXD NERVOUS DISEASES OF MEN ONLY. He stops Discharges: cures secret 8i0od and Skin Diseases, Bores and Sweilings: Nervous Debility, Impo- tence and other weaknesses of Manhood. 1ie corrects the Secret Errorsof Youth and thelr terrible effects, Loss of Vitality, Palpitation of the eart, Loss of Memory, Despondency snd other troutles of mind and body. caused by the Errors, Excesses and Diseases of Hoys and Men. He restores Lost Viger and Power, re- moves Deformities and nnomlh?;’. Organs to He; © also cares Dll:)nuu csused by Mer e TUgs. Dr. McNulty’'s methods are regular and sclen- tific. He uses no patent nostrums or ready-made preparations, but cures the disease by thorough medical treatment. Hig New Pamphlet on Pri- vate Diseases sent to all men_who describe their trouble. Patients cured st Home. Terms ouraei® to 3 daily: 6:30 ours—9 to iy: 6:30 10 8:30 evenings. Sun. days, 10 to 12 only. Comsultation & > crediy conidentiat’ Cals o ae adren ot P. ROSCOE McNULTY, M. 20); Kearny St., San Francisco, C R o hey are cappers or steerers for swindling doctors, e T, Damiana streets or elsewhe; Bitters The Great Mexican Remedy. Gives health and the Sexual Organs. RARDS o %':.."I::t: RS it Tise A =X