The San Francisco Call. Newspaper, June 25, 1895, Page 9

THE SAN FRANCISCO CALL, TUESDAY, JUNE 25, 1895. PARADE ON THE FOURTH, Some Features of the Big Pro- cession on the Nation’s Birthday. REVIEW ON VAN NESS AVENUE. Committeemen Who Have Per- formed No Service to Be Stricken From the Roll. The celebration of the National day this Year promises to surpass anything of the kind ever given in this City, and in spite of the difficulfy in collecting necessary funds, the outlook is good for a display of which San Francisco may well be proud. The parade will be a special feature. There are to be nine divisions at least, and from the way acceptances are coming in the grand marshal thinks that more will be necessary, The rendezvous for the procession will be at the foot of Market street, the various divisions forming on adjacent corners. The squadron of police will assemble on Drumm street. The procession will be headed by the National colors in charge of a regular v color-guard of twelve soldiers from e Presidio. A company of mounted } e will come naxt. They will be fol- owed by a drum corps and two companies of foot police armed with Winchester rifles and under the command of Chief Crowley. The grand marshal and . thirty-four mounted aids follow the police, and then preceded by a band will march the United States troops under command of Colonel ter. These complete the first division, 1 the others will follow in a designated order, which, to prevent petty jealousies, 1 not be made public till the morning f the Fourth. The line of march will be Market street to Montgomery, to California, to Kearny, M ,to Van Ness avenue, to Geary, rching on_Van Ness avenue. nd and children’s stands will be ion the west side of Van Ness ave- e, between Turk and MeAllister streets. een the stands, at the intersection of en Gate and Van Ness ayenues, a : will be left where the grand marshal s aids will review the column. the grand marshal's place in the lumn is behind the police, a very prett needed to enable him to reac! ewing stand before the lice and yet not to break the column. een provided for and it will be t the point furthest north on Van which the column passes. e instant the color guard which the line begins the wheel for the arch the grand marshal and his I out of column, re-form and e to the reviewing stand—the i them, and the United States will follow along after the police, :, however, for the countermarch, to gain the space vacated by the mar- and his aids’and maintain the proper militi art in the parade. General Warfield, lonel Geisting and General Hunter held a confer- ence with the grand marshal yesterday morning, at which it was agreed to order out two country regiments to take part in the parade. The executive committee met during the afternoon. On behalf of the finance committee, Mr. Reichart reported that the Market-street Railway system had subscribed $400 and the San Franciseo and Northern Pacific §50. Director Stetson had promised sub- seriptions from the California-street road and from the North Pacific Coast Rail- road. The Hobaft estate will subscribe at least $100, and perhaps more. The Sutter- street Railway, through Robert Morrow, absolutely refused to give acent towar the celebration. The auditing committee reported the ap- proval of billsand they were ordered paid as follows: For printing—B. H. Patrick & $9, The Creightons §45, Joseph Winter- burn & Co. $1150, Hugzhes $19 50. For otfice stationery, The Creightons, $2 65, For services—Charles E. Marry §14, L. C. Cusheon §24. On motion of Reichart it was ordered that members of the various committees who had not attended meetings or in any other way been of service should be stricken from the rolls. This was done to forestall any possible demand from them for tickets to the grand stand, etc. The experience of former committees has been that the members who do the least work usually demand the most favors. The grand marshal reported that his ap- ropriation would be suflicient, except that {;c would be called on to pay twenty-four men in each of the militia bands instead fifteen, as estimated, and that he would E. have to supply the militia cavalry and ar- | tillery with horses at a cost of $300. But few of the City officials and of the Consuls had accepted the_invitation to pa- rede and no four-in-hands would be re- quired. Mr. Nounnan thought that the Mayor should ride in a four-in-hand, but Mr. Foster said he had not replied to the invi- tation and the sense of the committee was that any one who bad or did not formally accept the invitation should not be pro- yided for. AT The Native Sons will bring out severat four-in-hand teams. > General Emmel will not appear in the rocession. The Grand Army men say gis claim to being a veteran of the Florida war is fraudulent. General Warfield announces that the union military bands will turn out and will both carry and play theirinstraments. If they shouid refuse to do so they will be subject to the unpleasant consequences of a court-martial. 5 The decoration committee was empow- ered to. employ men to collect funds for the construction of the Market-street arch. Messrs. Hammond, Reichart and Gallo- way were appointed as a committee to lo- cate the spot for setting off the fireworks. There was some discussion as to whether the funds coliected by the press would be available for general expenses. It was de- cided that every dime so collected must be used for the benefit of the children exclu- sively. S A The committee will meet again this aft- n. "fit’n meeting of the music committee A. Matthieu handed in a list of 130 musicians whom he could furnish for the parade. He secured & contract to furnish nine bands, and will bire & hall next Thursday night to demonstrate to the committee that the men can play and to show their uniforms. 5 1t is claimed that the troubie among the musicians is not one of union versus non- union, but of one union against another. The regulars are members of the Musi- clans’ Mutual Protective Union. The so- called non-union men claim membership in the American Musicians’ Union, which, they say, has a charter from the Knights of Labor. The so-called union men will furnish two bands—onc for the literary ex- ercises and one for the fireworks. The parade committee has closed the contract with Herman Jahn for six floats. The list is that published in the CALL re- cently. G 28 Rev. Anna Shaw, in acceptance of invita- tions to become a member of the executive committee and to speak at the literary ex- ercises, writes as follows: On my return from the south to-day I found the very kind and courteous invitation of your committee to become & member of its body. In accepting the invitation I wish to express my sincere appreciation of your great kindness 10 a stranger who has no other clpim upon the hospitality of your city than that in common with all eitigens of our beloved country when visiting any part of it. I shall never Iorset the generous courtesy lavished upon my dear friend, Miss Anthony, and upon myself by San Francisco, isco, . This last honor bestowed upon me by your comumtties is yadced highly prized. ThAuKIng You and the members of your committee, I am, sincerely yours, ANNA H. SHAW, ‘The following letter has been received by Chairman Sonntag of the reception com- mittee: MoxTeREY, Cal., June 23, 1895. Dear Sir: Will you bé kind enough o let me now if your invitation includes children and teachers outside of San Francisco. 1f that is the case whom muy I address for tickets and badges. Respectfuily, F. PrILL, Teacher. The entertainment committee has re- ceived additional subscriptions of sand- wiches, as follows: Page & Faher 100, Good Fellows’ Grotto 120, Lick House 200, Cali- fornia Hotel 200. Westerfeld’s will send ten dozen cookies and Mayor Sutro will su‘x\u»lv thirty gallons of milk. Mile. Adrienne Truffert sent to the com- mittee-rooms yesterday $2 for the general celebration and $2 for the children’s fund, A sl:mlhle letter was sent in acknowledg- ment, _Last evening at a meeting of the decora- tion commitiee Mrs, Knefi reported that 800 electric lights for the arch on Mar- ket street can be secdred for _five nights for $500, the lights to burn till midnight on the evening of the Fourth, and till 10:30 o’ciock on the other evenings. Mr. Code had secured rough lumber to the amount of $100. Chairman Worth will meet the designer, W. H, Hamilton, at the committee-rooms this mornins to sign the contraet. BUTCHERS ARE PATRIOTIC, Freparing a Characteristio Pageant for the Fourth of July Parade. South San Francisco and Butchertown intend to turn out in fine style on the Fourth of Julv. There will be about eighteen big six-horse wagons from First avenue alone, and nota business of any, importance south of Islais Creek has sig- nified any refusal to join the parade. The schoot children, too, will all be there, "#=y Some time ago President Samuel Ham- mon of the Butchers’ Board of Trade se- lected as a committee to arrange for floats and characteristic turaouts Messrs, H. C. Birbe, John McEvoy, E. Sweeney, John Livingston, Louis Nonnemann, Louis Syl- vester, Bertrand Salles, G, Pyle, Ernest Zimmerman, Daniel Harringion, Charles Reddy, Joseph Peterson and Matthew Mec- Cormiek. Mr. Birbe was promptly chosen chairman and Daniel Harrington secretary and the arrangements began, John Liv- m;éston being elected grand marshal, and a big float 1o contain fiftv-three young ladies being decided upon. A meetir be held in the opera-honse in the M building to-night to settle upon uniforms and such other matters as may come up. Among the firms on First avenue which haye readily responded to the canvass of the committee so far, promising to be well represented in the parade, are: Miller & Lux, Horn & Judge, A. W. Schrader, Henry Moffatt, James McDermott, Ford & Fos, Jacob Schoentield, G. James Co., Louis Rosenberg, Simon Silverberg, Daniel Sylvester & Sons, J. 8. Johnson & Son, Poly, Heilbron & Co., James Hall and M. Brandensiein & Co. Elsewhere on Fifth”and Sixth avenues and scattered over South San Francisco, the following concerns will seize the oppor- tunity 1o show their patriotism: o.; Bayle, Lacoste & Co.; co Packing Company, Cali- Calitornia Fertilizer & Co., Martin Holye, Cali: fornia Glue Works, Legallet-Hellwig Tannery, Norton Tanning Company; Bertrand, Lalles & Co,; O’Doul & Peguillan, James Beatty, Draper & Selig and William Taaffe & Co. It was the original intention to have an immense float particularly characteristic of all the different business interests of that section, embracing in an omnibus manner some special distinguishing feature from each, but it has not yet been determined whether such can be” found practicable. This may be taken up and discussed to-night. Grand Marshal Liv- ingston has selected as his aids H. M. Ames Jr., Charles Robinson, Peter Stumpf, Lafayette Clayburgh, Albert Blum, Fred: erick Squires, Louis Katz and William Alvison. Messrs. Livingston, J. McAvoy and Frank Peterson are now busy with the young ladies’ float, which is 1o be in the form of a pyramid. Miss Mamie Regan has been chosen to represent the Goddess of Liberty, and the other fifty-two young ladies will represent the different States and Territories, Tueir names are: Rose MeWilliams, Mary Butcher, Eva Kno. plock, Clara Wunsch, Mary Hagerty, Lucy Donovan, Teresa Peguillan, Alice Peterson, Nora Regan, Annie Daly, Mollie Regan, Dora Bruning, Teresa Haffey, Annie Racouillat, Katie Kegan, Mary Burns, Susie Ford, Maggie Burke, Mary Giles, Katie Moloney, Mary Moloney, Ella Hallinan, Maud Slater, Brea Peguilla nie Rosekimp, Nellie Dolan, Annie Lastien, Josephine Manley, Katie Man® ley, Mary Ford, Lena Klein, Annie Waterman, Lottie Walruth, Fannie Gill, Annie Price, Bertha Peguillnu, Blanche Peguillan, Annie McDonough, Annie Hamer, Mamie Brady, Julia Manning, Mary Manning, Elia Roach, Maggie Brady, Lizzie Elliot, Alice Dierks, Annie Godfrey, Barbara Zimmerman, Lily Turner, Alice Turner, Maud Harrison, Annie Ayers. The girls of the South San Francisco school who are to occupy the two school floats were selected at a meeting of the girls in the opera-house.yesterday after- noon, over which Miss Maude Jones pre- sided. The teachers, Miss Maguire and Miss Hanford, had given the task of se- lection to Miss Alice Puckhaber, who re- cently graduated, Miss Maude Jones of the ninth grade, and Miss Margaret Brennan, who was to choose from the seventh and eighth grades. The following will occupy the first float: Alice Puckhaber, Maude Jones, Mary O’Doul, Dagmar Rasmussen, Nettie Burns, Regina Hal. linan, Emmsa Lang, Annie Kreth, Annie Byrne, Annie Sulliven, Cerita Utecht, Josie Godirey, Maggie Flaberty, Ellie Peguillan, Julia Regan, Annie Anderson, Josie Maloney, Mollie Roche, Nellie Bareilles, Alice Dono- van and Lizzie Riordan. And the smaller girls of the seventh and eighth erades who will occupy the second float will be: Margaret Brennan, Jennie Burns, Teresa Maloney, Theress Orra, Salma Swenson, Maude Gerrein, Fidelia Paulus, Annie Balz, Louisa Rosekamp, Emily Wissel, Alvina Knus, Hattie Heine, Sadie Swan, Katie Martinez, Nellie Riley, Annie Lastein and Emma Eggers, Each of the two wagons will be appro- priately draped and drawn’ by six horses gny? caparisoned, The girls will be ai- tired in white with white yachting caps, and will wear badgesin the National colors. The other schoolchildren will be given an opportunity to ride downtown in the various business turnouis, so as to be in the parade. . All the butchers will wear a particular uniform, and will present an imposing epectacle. The Legallet-Hellwiz Company will have two floats to represent the differ- ent stnfiu of the tanning industry in this City. Miller & Lux will have a four- horse float, with twenty live lambs on it and four young girls dressed in red and white to represent shepherdesses. There will also be a commissary wagon contain- ing sandwiches and otber edibles to re- fresh the paraders. From the Tubbs Cordage Company the promise of a characteristic float has'been received. MARRIED WHEN T00 YOUNG. Mrs, Lillie Inman Seeking to Have Her Union With Charles Inman Dissolved. Lillie M. Inman, the 18-year-old wife of Charles A. Inman, is seeking to have the matrimonial bonds between herseif and her husband judicially severed. She was married in January, 1894, in Eureka. when under the guardianship of her_ sister, Mattie Stancberry, who knew nothing of the marriage until some time after it was solemnized, and who had never given her consent to the union. Mrs. Inman alleges that she was under the age of consent at the time of her mar- riage, and_that, therefore, the union was invalid. S8he asks, 100, to be “allowed to resume her maiden name of Liilie M, Gray. ————————— I'm All Unstrung, 1s the remark of many & nervous individual. He or she will 500m cease to talk that way after begin- ning and persisting in s course of Hostetter's Stom- ‘ach Bitters. Nothing like it o renew strength and appetite and good digestion. It checks the inroads of malaria, and remedies liver complaint, consti-| pation. dyspepsia, rheumatism and kidney disorder. 1t is in every Sense'a gredy housebold remedy, iy REV, AKNA SHAW'S ORATION 1t Causes the Postponement of a Long-Planned Fish- ing Excursion. DR. FITCH SEVERELY SCORED. The Advocates of Woman’s Ad- vancement Criticize Some of His Arguments. Rey. Anna Shaw bas succeeded in solv- ing the National problem of America, the question with which Hon. Grover Cleve- ldnd has wrestled so long and so earnestly. Itis one more triumph for those seeking the advancement of the new woman to think that one of tbeir advocates has been able to givean answer to the query: “What would you rather do or go g-fish- ing?” Miss Shaw has decided the matter defi- nitely. She thinks she would rather de- liver a Fourth of July oration, especially when her doing so is opposed by Dr. Fitch, She and Susan B. Anthony returned to San Francisco yesterday, after an extended trip through Bouthern California and the Yosemite. Miss Shaw says that stopping to celebrate the *‘glorious Fourth’ in San Francisco will cause a decided break in her plans. She had not intended to stay so long in California and would not have per- mitted Mys. Cooper to bring her name forward had she known of it in advance. “You see,” she said, “I had made an arrangement with a number of friends to have them meet me at my Cape Cod cottage on June 30. We were then to put in a week fishing. But since Mrs. Cooper’s request to have me put on the programme of literary exercises for the Fourth of July celebration was so bitterly opposed by Dr. Fitch, and on such pecutiar grounds, I could not withdraw and disappoint the friends who had striven so earnestly in my behalf. **So, you see, my guests will have to do without me. My secretary is at the cottage, and they will have their fishing, but I can’t be with them.” “It would seem then,” was suggested, ““that you had decided the matter of ‘what would you rather do or go a-fishing? “Oh, I decided that long ago,” was the quick response. “I'd rather go fishing. But I felt as if I owed it to Mrs. Cooper and my kind friends on the executive com- mittee of the Fourth of July celebration fo 510}; over.”” Miss Anthony was much interested in what her friend had to say. Bhe inter- jected: I understand that Dr. Fitch is going to have published his views on the ‘new woman.’ If they are in line with the ar- uments he made before the committee 1is paper will excite much levity in the Eastern States.”” “Why,” said Miss Shaw, ‘“he would take from a woman the right to earn an honest living. He overlooks the fact thag there are 90,000 more women than men in the Eastern States and that such a social con- dition renders it imperative for a great majority of these to toil to support not only themselves but often brothers, sisters and a mother.” “‘And then,” interjected Miss Anthony, “he has the hardihood to say that the de- crease in the number of births in the E: is due to the growth of the woman’s rights movement. He overlooks the fact that the war killed off the flower of the youth.| of the Eastern and Middle States and left an enormous host of women to mourn the lossof lovers and husbands. He forgets, too, that because of this very war many women were forced to enter the world of business in competition with men, since they had no providers. It would be hard indeed if these ‘women were adjudged guilty of a crime for doing what was forced upon them by the loyalty, patriot- ism and bravery of their loved ones.” Miss Shaw had listened interestedly to Miss Anthony’s views. She nodded a vig- orous approval of them and proceeded to clinch the belief that Dr. Fitch was il- logical in claiming that advancement of the position of women bad caunsed a de- crease in the growth of population by citing a bit of her own experience. She said: “‘Aunt Susan is right. The question of woman’s enlarging her sphere of activity has nothing to do with the fact that there are more births in the West than in the East. The reason is that in the older communities all the young men of superior activity have gone West. Only those who are not bold enough to leave Lome en- vironments or who lack the energy to desire to carve out a place in a new sphere have remained in the old homes. “Is there any wonder then,” she asked, “that the birthrate of the West increases and that of the East decreases year by year? “Why, in my little Cape Cod parish I have officiated at over seventy weddings of young people. In only one instance did the newly married pair remain at home. In that case the man was fiood for nothing and had been petted and spoiled by his mother and did what she told him. “In the other instances the voung men had gone out to seek their fortunes as soon as they were old enough. Most of them had left sweethearts at home and came back after them as soon as their means would permit it. Now, does that Jook as if woman’s suffrage or the ‘new woman’ had anything to do with the fact that births in my parish were tenfold less fre- quent than burials?”’ Here Miss Anthony looked up with a quiet smile and remarked: “I think it would be a good idea to have Dr. Fitch canned, He is one of the last of a once numerous ciass of men, and I am sure wonld be viewed as a curiosity by a large number of people. Iam sure Bar- num would not have allowed him to be at large for any great length of time, if that veteran showman were living now.” Miss 8haw said that she had not yet decided upon the material to use for her address. The past she felt was not a fit subject for hyperbolical oratory, since to her it was but a record of justice and petty tyranny. “The future is about all that is left for me,”” she said thoughtfuily. *“And the brightest hope of the future is the righting of woman’s wrongs. But as that subject is ‘taboo’ I must, of course, omit reference to it. ““The result is that I find myself occupied with a most diflicult task. Had I been requested to make a speech on the conditions proposed, I should have emphatically refused. Under the circum- stances, however, I feel that I must do the best I can. “1 could not allow myself to deliver those time-worn spread-eagle platitudes that have done seryice in so many Fourth of July orations. I would be ashamed of myself if I did not have some thought worthy of communication to dwell upon. I feel, therefore, that in circumscribing my field of subjects the men have made one last offering to their self-conceit at my expense. ; Eomh Jadies have been extensively foted in the last two weeks, At 8an Diego, Los Angeles and Santa Barbara they have been picnicked, tendered receptions and lionized. 4 < “I never worked harder in my life than in these last six weeks,” sighed Miss Shaw. “Nor I, either,” echoed Miss Anthony. “From morning till night it was excite- ment and speech-making. ButI erjoyed every minute of it.” o On the trip north a visit was made to Yosemite Valley, This exceeded their ex- pectations. The falls are pnrticulnrlg beantiful this year, and both ladies ha not expected to find ‘its glories so exten- sive, Miss Anthony speaks in Oakland this evening. On the night of June 27 she at Metropolitan Temple. On Jul iss Bhaw delivers an address. This wi be the end of their Western labors. On July 6 both ladies will start for their Eastern homes—Miss Anthony for Roches- ter, N. Y., and Miss Shaw for Cape Cod. A WOMAN IN CONTEMPT. Mrs. Barrett Will Have to Pay More Thun the Judgment or Go to Jail, Mr. and Mrs. M. Barrett are in con- tempt before Justice of the Peace Groe- zinger, and unless Mrs. Barrett pays the $25 which that entails when the officer of the law calls upon_her this morning she will be taken to jail. So said the Justice last evening, Mr. Barrett isan expressman, and is al- leged to own his own team or teams. With his wife be lives at 122 Twenty-sec- ond street. Matt Murphy, grain-dealer, has a claim against him for §20, which he has sued for and secured judgment, but Barrett de- clares he has nothing upon which the sum can be collected, He and his wife were cited to appear in court upen an order of examination, and neither of them obeyed the order. Then another order was issued requiring them to appear and show cause why they should not be fined for contempt of ‘court. Up to last night Mr. Barrett had eluded the service of this order. Mrs. Barrett was found and served. but she paid no attention to that either. So that, in de- fault of appearance, she is in contempt and the officer will to-day place her {n jail for twelve hours unless she pays the fine and costs of $25 incidentalpato the charge. In the meantime, if her hus- band comes to her rescue he will be served at once with the order requiring him to show cause why he should not be treated in like manner. Thne order of examination upon which they were summoned would have sub- jected—and will yet subject—them to close questioning as to tbeir worldly goods, with a view of discovering if they cannot pay the original judgement of Murphy. BOARD OF SUPERVISORS, The Order Increasing Police Force Is Finally Passed. the The Entire Board WIll Conslider the Financial Needs for the Next Year. The meeting of the Board of Supervisors yesterday afternoon was almost everything but exciting. The tidbit of the session was the unopposed reduction in the price of the proposed smallpox hospital by a clean $30,000, This was done by Mr, Wagner. The Health and Police Committee, by a resolu- tion, proposed that provision be made in the next tax levy for a $50,000 structure, ‘When the matter came up Supervisor Wagner opposed it. He thought that a smallpox hospital at that price was too much of a luxury. Smallpox hospitals were institutions that should be burned down every once in a while, he thought, and that $20,000 would build a sufficiently good one. He was seconded in this by Bupervisor Taylor, who, as chairman of the Finance Committee, is showing some signs of wear. He took the occasion to refer to Auditor Broderick’s estimate of the money needed for next year. He said the Auditor had left large, gu}»ing areas in his estimates, which wonld have to be filled in by the Finance Committee and the board. He referred to the additions to the police force and the other items which had already been agreed upon but which were not in the Auditor’s estimates. Among them was the salary of the Fish and Game Warden, entirely overlooked. He had figured up that the Auditor’s estimate fell short by $2,000,000. Now, in view of all this, he thought that the building of a $50,000 hos- pital which might never be needed was not good policy. Smalipox does not thrive in this climate, he said, and if an epidemic occurred and we were provided with a reasonably ample hospital additions could be built to it. "He thought a $20,000 hos- pital would serve every purpose. 8o it passed, provision being made for a hospital at the reduced price. A resolution was introduced by Wagner under which all the members of the board were invited to take part in considering the schedule of necessary expenditures for next year. This was also adopted. A resolution was passed granting the right to the Fourth of July committee to erect two reviewing stands on Van Ness avenue for the Fourth of July parade, one between Geary and Post and the other be- tween Post and Sutter. Police Commissioner M. A. Gunst was granted leave of absence from the City for sixty days. The Market-street Railway Company was directed by resolution to permit cer- tain inventors of street-car fenders to ad- just their devices to cars at their own (the inventors') expense and put them to the test on West Mission street, T. J. Welsh was instructed to protect the wall ofthe new Potrero School with under- pinning, as against the effect of excava- tions being carried on by adjoining property-owners. TKc basalt block paving ordinance was sent back to the Street Committee at the instance of Supervisor Taylor. The or- dinance provides that the rock shall be laid on concrete. Mr. Taylor thought that this was altogether too expensive for very many streets over which there is com- paratively little heavy hauling, Forthese, & sand foundation he thought, was good enongh. The order increasing the number of the olice force to 550, with six captains, tive ieutenants, forty-three sergeants, fifteen detectives and twelve corporals, was passed finall?', also the order providing for an additional fire engineer and that reducing the width of sidewalks from ten to seven feeton Dore street, between Ninth and Tenth, and on Folsom and Harrison streets, and on Putnam, between Cortland and Jefferson. . 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. e h CHICKENS AND NEIGHBORS. The Former Bring the Latter Into the Justice’s Court, John Crowley and his wife are the next door neighbors of Joel Ellien and his wife over on Louisiana street. The fence that separates their estates is not a high one, and both of them keep chickens. Naturally enough, therefore, John Crow- ley and his wife and Joel Ellien %nd his wife were, with their respective follow- ing of friends, before Justice of the Peace Groezinger yesterday seeking to destroy each other. "Mr, Crowley was demanding $200 damages for the evil that had been done him by the Ellien’s and the Ellien chickens which came continually go play wit.g the Crowley chickens in the Crowley yard. Dennis Lorda was there to testify that Mrs, Crowley had called Mrs, Ellien a chicken thief, and this Mrs. Ellien stood by as an offset and provocation for the cgmbing of the fence and the wringing, in plain view, of a neck of one of the chiclgens. Dorn & Dorn, costly, learned and digni- fied lawyers, conducted the prosecution for Mr. ‘and Mrs. Urowln{, while Mr. Ellien, who raised his chickens for the tamale industry, conducted his own case. And he won it. He questioned Mr. and Mrs. Crowley closely as to the losses sustained, and there was such an even balance of ill feeling displayed that the | court gave iudzmen% for Ggo S:undm. rowley | | THE: GRANT HAS LAPSED, Decision of the Court of Ap- peals in the Railroad Land Case. JUDGE ROSS IS SUSTAINED, Seven Hundred Thousand Acres In- volved—Another Appeal to Be Taken. A suit involving 700,000 acres of land in the southern part of the State which the Southern Pacific Railway Company has been for years endeavoring to take unto itself was decided in the United States Circuit Court of Appeals yesterday. The decision was in favor of the Government, but the attorneys for the corporation an- nounced that they did not look upon it as final, They asked for and were granted permission to take the case to the United States Supreme Court. There are many complications and legal technicalities involved in the suit, and it is evident that the railroad company will not relinquish its efforts to secure the land, which is of immense value, until the last link of the legal chain by which they are striving to hold the same is wrested from it. The land in dispute comesunder the grant made by Congress in 1866 to the At- lantic and Pacific Railroad as determined by what the Government contends was the line of definite location. It is located in Los Angeles and Ventura counties. The Southern Pacific Company was also grant,gd 700,000 acres and authorized to build a rail- road from a point of connection with the Atlantic and Pacific road near the boun- dary line of the State to San Fraucisco. Five years later the Southern Pacific Com- pany was permitted to construct its line from a point near the Tehachapi Pass, via Los Angeles, to the Texas and Pacific Rail- road, near the Colorado River. £ In 1886 the lands granted the Atlantic and Pacific Company were declared for- {feited and orderec{’ restored to the public domain. The lands which were secured by the Southern Pacific Company are within the limits of both grants at the place where the line of the Southern Pa- cific crosses that of the Atlantic and Pa- cific, and the question which was to be de- cided was whether the earlier grants at- tached tosuchlandsand thusoperated to ex- clude them from the grant to the Southern Pacific Companyg. To decide this point the Government sued the railroad company. It was contended when the case came up in the United States District Conrt that no map of definite location between the Colorado River and the Pacific Ocean was ever filed by the Atlantic and Pacific Com- pany. Maps which were introduced by the Atlantic and Pacific Company were de- clared fraudulent, and the Southern Pa- cific Company went so far as to say that the lines had never been surveyed and marked on the ground; also that the re- ports of the Atlantic and Pacific engineers were false, The repudiation of the map of the Atlan- tic and Pacific Company, and the fact that the line of the map when located on the ground is found to be an impracticabie railroad route, formed the basis of the Southern Pacific Company’s contention that no survey had ever been made of the line of definite location contended for by the Government. It is upon these charges of fraud made by the Southern Paeific Com; that the decision of the court dwells at length. > ‘The decision says: The Southern Pacific Compsni was not in- jured in any right by the alleged failure of the Atlantic and Pacific Company in its duty, or by that companv’s want of good faith. fraud was practiced, it was upon the Govern- ment. If there was injury, it was the Goyern- ment that was injuréd. How, then, can the Southern Pacific Company, to whom there was 1o obligation or duty, and in whom there was no right in respect to the matters complained of, take advantage of the fraud alleged to have been practiced on the Government? And upon what principle of justice or morals can it ex- ect to make use of a fraud practiced upon the iovernment to make a case foritseli against the Government? At most, then, the alleged frauds in the maps of definite location constituted a cause of for- feiture, and this gave no right of succession tc the Southern Pacific Company to the lands liable to forfeiture. This was decided by the Supreme Court in the case of the United States against the Southern Pacific Company, (146 U. .604). In that case it was contended by the company that Congress intended by the acts of July 27, 1866, and March 3, 1871, these lands should pass to_some company to aid in the building of a railroad, either the Atlantic and Pacific or the Southern Pacific; that if they were not applied to aid the former company, then the latter company was to be entitled to them; but the court held the contention erroneous. It held in effect that the exception out of the grant to the latter company of the lands included in the grant to the Atlantic and Pacific Company was not conditional but absolute; that if there was any breach of the conditions of the grant to the Atlantic and Pacific Com- pany, Congress might itself take needful meas- ures to accomplish the building of the road, and that if the act of forfeiture had not been passed the Atlantic and Pacific could yet con- struct its road, and, constructing it, its title to the lands in question would become verfect. No one but the grantor can raise the question of a breach of a condition subsequent. Con- gress by the act of forfeiture determined what should become of the lands forfeited, It elect- ed that they should be restored to the public domain. The forfeiture was not for the benefit of the Southern Pacific; it was not to enlarge its grant as it stood prior to the act of for- feiture, It had given to the Southern Pacific all that it had agreed to in its original grnnl; and now finding that the Atlantic and Pacific was guilty of & breach of a condition subse- quent, it elected to enforce a forfeiture for that breach and e forfeiture for its own benefit. The deeision affirming the judgment of the lower court ugainsc the railroad com- any sustains Judge Ross of the Southern gismrict before whom the case was first tried. It was written by Judge Bellinger and coincided in by Judges Knowles and Gilbert. FLYNN MAY RECOVER. Thomas Heffernan, a Horse-Trainer, Arrested for Stabbing Him. Thomas Heffernan, a horse-trainer at the racetrack, was arrested yesterday after- noon by Policeman Freel and booked at the City Prison on the charge of assault with a deadly weapon. William Flynn, an ex-saloon-keeper on D street, who was stabbed and beaten by a gang of men on Fifth avenue and D street on Sunday night, identified Heffernan as one of the gang and charged him with stabbing him. Heffernan admitted that he had some trouble with Flynn on a former occasion, but denied being mixed up in the attack upon him on Sunday night. He supposed, that Flynn blamed bim because of their previous trouble. 52 g Flynn is still in the Receiving Hospital, but his wounds are not considered dan- gerous. ="' | EAGLE BRAND ‘It Has No Equal NEW TO-DAY—DRY GOODS. DARGALNS For EVERYBODY - THIS WEEK AT- OUR GREAT SACRIFICE CLEARANCE SALE! It will only require a glance through the following specimen quotations to convince any one that IT WILL PAY WELL TO ATTEND OUR GREAT SACRIFICE CLEARANCE SALE THIS WEEK, for the sale continues with such DEEP AND UNSPARING CUTS IN PRICES that no matter what may be needed in the dry goods line a choice can now be secured from THE VERY BEST STYLES AND QUALITIES IN THE MARKET AT ENORMOUS DISCOUNTS FROM ACTUAL VALUES! MEN’S FURNISHINGS! At 15 Cents. 95 dozen MEN’S FANCY BORDERED HEMSTITCHED JAPANESE SILK HAND. KERCHIEFS, extra large size, will be closed out at 15¢ each. At 15 Cents. 75 dozen MEN’S JAPANESE ALL-SILK HANDKERCHIEFS, with large embroidered initials and hemstitched borders, will be closed out at 15¢ each. At 10O Cents. 145 dozen MEN’S FULL-FINISHED MERINO SOCKS, in vicuna and undyed colors, regular price $2 50 a dozen, will be closed out at 10c a pair. At B35 Cents. 65 dozen MEN’S NEGLIGEE OVERSHIRTS, made extra large and of fine quality fancy stripe duckings, extra good value for 65¢, will be ¢l out at 35¢ each. At 85 Cents. 42 dozen BOYS' NEGLIGEE OVERSHIRTS, made of fine quality fancy stripe duck+ ings, good value for 65¢, will be closed out at 35¢ each. HOSIERY AND UNDERWEAR! At 1O Cents. CHILDREN’S FINE RIBBED BLACK COTTON HOSE, seamless, double heels and toes, warranted fast black, will be closed out at 10c a pair; regular price $240 per dozen, At 12)% Cents. LADIES' BLACK COTTON HOSE, Richelien ribbed, spliced heels and toes, Herms- dnrrf black, will be closed out at 12)4c a pair. At 20 Cents. LADIES’ FANCY HOSE, black boot and colored gtop combinations, spliced heels and toes, will be closed out at 20c a pair; regular value $6 per dozen. At 25 Cents. LADIES’ BLACK PURE MACO COTTON HOSE, extra heavy, high spliced heelsand toes, onyx fast black, will be closed out at 25¢ a pair; regular price 50c. At 15 Cents. CHILDREN’S NATURAL COLOR MERINO VESTS, PANTS AND DRAWERS, odd sizes, will be closed out at 15¢ each. At 12% Cents. DIES’ SWISS RIBBED EGYPTIAN COTTON VESTS, low neck and short sleeves, s silk braided neck, will be closed out at 12}¢c each; regular price 25¢. GLOVES! GLOVES! i At S5O Cents. 100 dozen LADIES’ 8BUTTON LENGTH MOUSQUETAIRE UNDRESSED KID GLOVES, in blue, green, red, heliotrope, purple, copper and terra cotta shades, regular value §1, will be closed out at 50¢ a pair. 5 At 50 Cents. 80 dozen MISSES’ BIARRITZ KID GLOVES, in red, blue, slate and tan shades, reg. ular value 75¢, will be closed out at 50c a pair. At 75 Cents. 80 dozen LADIES’ 4-BUTTON KID GLOVES (large buttons), in dark and medinm tan shades, also black, regular value $1 25, will be closed out at 75¢ a pair. At $1.00. 50 dozen LADIES’ 4-BUTTON GENUINE FRENCH KID GLOVES (buttons to match gloves), in tan, mode, brown, champagne and yellow shades, also black, regular value $1 50, will be closed out at $1 a pair. CARRIAGE PARASOLS! At 75 Cents. CARRIAGE PARASOLS, in Gloria silk, in black only (lined), value $125, will be closed out at 75¢c. ' SUN SHADES! At $1.00. 24.-INCH GLORIA SILK PARASOLS, paragon frames, natural handles, value §150, will be closed out at §1. At $1.80. 24-INCH GLORIA SILK PARASOLS, paragon frames, Dresden handles, value $2, will be closed out at $160. SO0 DOZEIN LADIES’ WAISTSI! IN WHITE AND COLORED, “=O-AT-O%- EXACTLY HALF PRICE! 80 dozen, Regular price $1.00, will be offered at 50c. 70 dozen, Regular price $1.00, will be offered at 50c. 70 dozen, Regular price $1.00,will be offered at 50c. 50 dozen, Regular price $1.00, will be offered at 50c. 50 dozen, Regular price $1.50, will be offered at 75¢. 40 dozen, Regular price $1.50, will be offered at 75e. 40 dozen, Regular price $1.50, will be offered at 75c. 40 dozen, Regular price $1.50, will be offered at 75c. 80 dozen, Regular price $1.50, will be offered at 75¢. 80 dozen; Regular price $1.50, will be offered at 75¢. Market Stresl, corner of Jones, SAN FRANCISCO.