The San Francisco Call. Newspaper, July 7, 1895, Page 6

6 THE SAN FRANCISCO CALL, SUNDAY, JULY 7, 1895. ; s UNLAWFUL ACTS OF SEVEN SUPERVISORS, They Will Now Add Another to a High~ Handed Series. NOEXCUSES ARE OFFERED | Petition of One Railroad Com- pany lgnored in Favor of Another. THE ONE WOULD NOT BLEED. How Behrend Joost Did Not Get a Franchise—Is Still in the Fight. To-morrow the Street Committee of the Board of Supervisors will make its report to the board favoring the petition of the Market-street Railway Company for a franchise out Ocean House road to the pro- | posed new race-track and the ocean. | And Behrend Joost—the man who has | been pleading week aiter week for this | same franchise—will probably be there to | hear it done—just as a matter of melan- choly satisfaction. Neither the Market- street Railway Company nor any rep- | about t | Company the same consideration that it has accorded to the bigger corporation. That it is a flagrant disregard of the Jaw a single reading of the law wili prove to lawyer and layman alike. T hese have been as cleariy violated in favor of the Market-street Company. For years the San Mateo Railway Com- | pany has been asking for a franchise out the Ocean House road. Twice the peti- tion has been favorably considered by pre- ceding Boards of Supervisors, but it h:\s‘ always been finally denied on the grounds | that it would destroy perhaps the finest | drive that the outskirts of the City affords. ; In the present board—or strictly speaking, in the Street Committee—this same objec- tion was raised. | Mr. Benjamin was particularly anxious | s splendid drive. He did not | think it should be cut up by street railway | tracksand said so meeting after meeting | as Joost and Mullaney and the rest of them made their repeated pleadings and retired to give the committee a chance to think. At last Mr. Joost withdrew that wing of his petition and left standing only his application for the right to run out Sunny- side avenue. This took him off the Ocean | House road entirely and left him, at the | end of Sunnyside avenue, a couple of miles from Ingleside, the objective point, with priyate property—the property of Adolph Sutro—lying between him and that point. He relying upon his talents in the matier of securing rights-of-way to get through that land. He claimed to have the assurances of Mr. Sutro that he could get through. The Supervisors had nothing | resenting the able-bodied corporation will | to do with that. But straightway Mr, BEHREND JOOST. [From a photograph by Taber.] waste a moment over the peity details. They will not deem it necessary. The board will, by a majority vote, ap- prove the actions of the comamittee; areso- lution, already prepared, will be passed to print, or perhaps finally adopted. This will be done despite the fact that to do so—that is to say, to refuse the petition of Behrend Joost while granting the privi: lege he had previously asked for to an other—is to directly disregard the plain letter of the law. The law governing the granting of franchises uses the word ‘‘must” right through. When an application is made for a franchise the Board of Supervisors “must” advertise the fact and call for bids; and when the bids are received the franchise “‘must”’ be granted to the highest bidder. 1t then is left in the hands of the Mayor for his approval. according to the law. But'the law will be openly viclated in that regard also. The present Board of Supervisors has not been in action very long, but its course has been so consistently high handed, op- posed to the people’s interests and favor- able to the great corporations that what it will do when either of those interests are to be affected can be stated with reason- able certainty in advance. These mem- | bers will vote against the application of Mr. Joost: Joseph King. Peter A. Scully. C. E. Benjamin. E. C. Hughes. Chris Dunker. A. W. Morgenstern. Edward L. Wagner. These are the men who voted for the bi- tuminous rock monopoly resolution and the Van Ness avenue paving outrage, Al- phonse Hirsch, who flocked with this crowd in many of its lesser jobs, has flown away at one or two critical junctures, so it is only just to him to wait and see what he does. If there is an opportunity for division— such as a majority report—calling for a viva voce vote, these four can be counted upon to vote according as the law requires: Joseph J. Dimond. C. L. Taylor. A. B. Spreckels. J. K. C. Hobbs. These are the men who have as consist- ently stood for the law and the people’s rights as the solid seven have disregarded them. In the matter of the granting of a franchise to the Market-street Railroad Company the same unlawiul method will no doubt be adopted as was intended for the purpose of getting the bituminous rock monopoly on the books without call- ing for the signature of the Mayor. That is to say, it will be passed as a resolution rather than an crder as is required in such cases by the law. So far as is known there is nobody in the board who is opposed to granting the Market-street Railway Company a fran- chise to go to Ingleside and the new race- track or to the ocean by that route. ‘Whether or not Mayor Sutro is opposed to it is not certain, and to introduce the matter in the form of an order would be merely taking chances so far as heis con- cerned—chances of having it vetoed. There is no law against the Market-street Com- pany applying for a franchise or against the board granting it. The disregard of | much as a pause to take a breath. Beujamin offers as an objection that “it was not certain that he coula get through.” And on this plea Mr. Joost’s petition was refused. That same day the petition of the Mar- ket-street Company asking the right to extend their lines out the full length of | | that ‘‘beautiful drive,” the Ocean House road, was presented and granted—so far as the committee could grant it—without so Not | only that, but they asked for and were granted in the same ready fashion the right to cover Sunnyside avenue to Ham- burg street and by that street back to Ocean House road, thereby completing a triangle that has no apparent purpose from a railroad standpoint, except to cover the street which the San Mateo Company was asking for. It cost the Market-street Company no more money to ask for both than for the one, as it was all presented together as a single extension of their sys- tem—but it served its purpose and gave s the equities of the case are con- | much for it as T am sure the Market-street Company had to pay forit. It could not have cost them less than $10,000. Little things like so-called ‘extensions’ to fran- chises do not merely cost the $300 required by the law, it seems. But I have been bled all 'm going to be bled, do you see? But it’s little any one can get from the board wha takes that view of it. Why, one of the | members said to me in so many words but | a few days ago, ‘We are not in this thing for our health, Joost. Understand that.’ The name? Oh!no! I'm not going to give anybody away by name. But I paid noth- ing and I was turned down.” A. P. Van Duzer, one of Joost’s attor- neys, not only considers that the members of the board are acting contrary to the law, but that the City ordinance under which they classify certain franchises asonly ‘“‘ex- tensions” of other franchisesis contrary to the law, and all the franchises granted under it are unlawful. Here is the State law as he quoted it. It isan act of March 23, 1893: Section 1. Every franchise to construct or operate railroads on any publicstreet or high- way or privilege to erect or lay telegraph poles or wires or to exercise any other privilege shall be granted by the Board of Supervisors as is provided in this act and not otherwise. The fact that en application for such franchise or privilege has been made to such Board of Supervisors, together with a statement that it is proposed to grant the same must first be advertised in a daily newspaper for at least ten days. Said advertisement must commence at least thirty days before the franchise is sold. The only things stated in the advertisement are the character of the franchise, the terms of its continuance, the route to be traversed and the day on which bids will be received. On the day mentioned as the one on which the bids are to be received by the board the Super- visors must meet in open session and read the tenders. The franchise must then be awarded to the highest bidder. Mark how the word “must” is used. Section 2 of the act makes it a misde- meanor punishable by imprisonment for any member of the board to seek to defeat the law. The first railroad granted a franchise under this law paid but $1 for it—as it was the only bid. “There was a public outery at this and the Supervisors passed an order providing that no bid for a new franchise should be less than §5000,and no bid for an exten- sion of a franchise over additional streets should be less than $500,” said Mr. Van Duzer. *The result is that the spirit of the general law is defeated. No new fran- chises will ever be asked for, as tbey cost so much more than the new extensions that only the holders of franchises will ask for them. You will notice, turther, that in all the advertisements for bids for these extensions asked for by the Market-street company this language is used: That they are to be granted and operated ‘as an ex- tension of and adjunct to and in connec- tion with the railroads now owned and operated by the Market-street Railroad Company.’ “What inducement is there for any per- son other than the Market-street company to bid for the franchise? Nobody else under those provisions could get title to it. “1t is claimed further by the railroad company that when the bids are in the board must grant the franchise to the highest bidder without discretion or further consideration. This interpretation cuts out the Mayor's veto powers. “I hold this to be clearly wrong, for all these proceedings are only preliminary, just as in the awarding of a street contract, which is governed by almost the same conditions, but to complete which, it is mot questioned, the Mayor’s signature is ne- cessary. The law must be taken in con- junction with the consolidation act, sec- tion 68 of which reads: Every ordinance or resolution of the Board of Supervisors providing for the granting of any privilege shall, after its introduction, be pub- lished five days, and before it takes effect after its passage shall be presented to the Mayor for his approval. If he approves it he shall sign it; if not he shall deliver it to the board with his objections in writing and it shall not pass unless it receives the votes of nime Super- visors. “Nothing in the act of March 23, 93, re- peals or attempts to repeal or modifies this section of the consolidation act,” said Mr. Van Duger. “The method of the railroad companies to obtain these frahcnises is to formulate their application and present it to the board with the advertisement and ordi- nance, all of which is prepared at the railroad office. The advertisement of the sale of the franchise contains the ordi- nance,itself with its conditions. As a mat- ter of course only one bid is put in and that by the railroad company that asks for the franchise. ““At the same session of the board which opens the bids a resolution is offered grant- ing the franchise to the applicant. This grant is made in the form of a resolution to avoid the Mayor’s veto. This isin de- the majority of the committee a better ex- fiance of the consolidation act, which pro- SUNNY JIVE _AVE MATEO ROUTE. MAP SHOWING THE MARKET-STREET RAILROAD FRANCHISE TO INGLESIDE AND THE PROPOSED BAN FRANCISCO AND SAN cuse for refusing the Joost petition— although it does not appear that they real- ly needed an excuse. Mr. Spreckels, chairman of the commit- tee and the only man who favored the Joost petition, asked Mr. Benjamin why he was so ready to forget the beauty of the Ocean House road as a drive when the Market-street Company appeared as the party anxious to cut it up with tracks. “I still think it is a fine drive,” said Mr. Benjamin, “but it is the only way to get out there.” The San Francisco'and San Mateo Com- pany had another way out there, but that did not matter. = The Market-street Company, it will be observed, does not pretend to hope to cross Mr. Sutro’s property. For that reason they turn at right angles at the end of Sunnyside avenue, as shown in the dia- gram, and hasten directly back to that “beautiful drive.” Those who are most familiar with the country out there say that the company will not build this branch—not at present, anyhow; that they did not intend to build it. Be that as it may, Joost—famous as a fighter and all-round irrepressible—does not intend to stand idly by. He says he intends to get to Ingleside and the race- track also. He has no objection—it would not affect the situation if he had, he admits—to the Market-street Company going there, too. “I could have got this the law lies in the refusal to grant to Behrend Joost and the San Mateo Railroad franchise myself,” he said yestewlay after- noon, “if I had been willing to pay as vides tha no privilege shall be granted by the board save by ordinance, which shall be presented to the Mayor for his sig- nature. “These resolutions always receive the votes of eight Supervisors, which, it will be noticed, is.one less than is necessary to override a veto. The railroad attorneys themselves are well aware that these fran- chises are utterly worthless, bnt their rule is to get possession of the streets under the color of authority of law and keep them on the principle that possession is nine points of law. 4 “There is a petition and complaint now in the hands of the Attorney-General brought by me as the attorney of the Church-street Improvement Club to test the legality of these proceedings. “It seems impossibie that the courts can make any other decision than that these franchiscs, obtained in this way, are il- legal. ““The object of the act of 1893 was to ob- tain something like an equivalent for the valuable franchises which the City had been giving to corporations. It will be seen that this is defeated by placing in the advertisement of sale conditions which make the franchise of no value whatever to any person except the corporation who applies for it. “The ordinance which compels the de- posit of a $500 or $5000 check is illegal, be- cause it is an attempt on the partof the Board of Supervisors to pass an ordinance in conflict with the general law of the State, which the Supreme Court has re- peatedly held cannot be done. It is also one of the strongest argu- ments in favor of a new charter. The general law says there shall be open bidding for the franchise. That set- tlesit. The board has no power to attach a_condition of §500 or $5000 in the first place, gnd then that it shall be controlled by this or that company in the second. Every extension over a previously un- occupied sireet is a new franchise and should be treated as such. “I may say in conclusion that Behrend Joost has every consideration of equity—a right, at least, to a fair field in this matter. He is the pioneer in San Francisco with the electric road. TIn order to introduce it he had first to get a bill through the Legis- lature, and this against bitter opposition. He has shown the way over the 1134 deg. grade, which no electric road in the coun- try hasattempted. He is the first man to extend a road to the county line beyond Ocean View, and that this road has been of inestimable benefit to workingmen and property-own- ers out there there is no question. His road has compelled an exchange of trans- fers with the Market-street and Sutter- street lines and as a result people ride from the county line to any part jof the City for 5 cents. He has had immense odds and opposition to contend with at every stage, and has met and overcome them. His application for a franchise extending over Twin Peaks and to the Midwinter Fair grounds was as bitterly opposed as is his present effort toward Ingleside, but he finally made it, although it was necessary to run over two blocks of the Market-street company’s tracks on Frederick street. I would be surprised if he were to acknowl- edge defeat in this instance.” BE BEN BUTLER DEAD The Great Sea Lion of the Seal Rocks Expires on the Sand. He Fought Some Hard Battles, but Was Worsted—The Sad Scene on the Beach. “Ben Butler” is dead. That magnificent specimen of the sealion who for forty years has been one of the attractions at the Cliff House, floated in with the tide yesterday morning sorely wounded and lay his great bulk down on the soft sand in the shallow water and calmly awaited the end. As the tide ebbed away he raised himself with great effort, turned his eyes toward his companions on the rocks and bellowed pitifully as expressing his intense sorrow. His cry was answered by a chorus of roars such as had never been heard before on the seal rocks. Then he turned upon his side prepared for his fate. The workmen at the new Cliff House, which is in course of construction, were attracted to the unusunal scene, and W.G. Blunt and L. Samuel, engaged in arrang- ing the museum, waded out to the death- bed of the aged bull. When they reached him he was fast expiring. He turned his great eyes upon them, attracted by the sympathy which they expressed. Making one feeble effort to raise his head he uttered a moan and died without a struggle. The men were deeply affected by the scene and stood in sileuce for several min- utes. Then they prepared for his removal to the shore, a task that was by no means an easy one. The great fellow weighed 4890 pounds, was over 15 feet long and 8 feet 9 inches around the body. The peculiar marks of age, along, shaggy mane, a foretop of hair some five inches in length, proved to those who knew him well that the dead sea lion was really “Ben Butler.” There had been waron the seal rocks and Ben Butler had got the worst of several hard battles. His wounds were fresh but not deep. It required twelve men and four horses to remove the body. They had all they could do to convey the charge to the museum. The work occupied nearly the whole day. Mayor Satro will have the carcass prop- erly prepared by a taxidermist and placed in ‘the Cliff House museum, where the crowds who have seen himin life may look upon his remains. AGAIY T0 THE FRONT. §. P Taglor’s Sons Open a Well- Stocked Paper-House. Business of the Pioneer Papér Merchant Practically Continued. The friends and former patrons of the Taylor boys, the sons of the late S. P. ‘Taylor, the pioneer paper manufacturer and dealer on the Pacific Coast, will be in- terested to know that they have again established themselves in the wholesale and retail paper business, under the style of 8. P. Taylor's Sons, at 400 Sansome street, corner of Sacramento. Their life experience in this business, they having been born and brought up in the shadow of the Pioneer Paper Mill of this Coast, coupled with their early and continuous connection with the wholesale and retail paper-house of S. P. Taylor & Co., and later the 8. P. Taylor Paper Company, has made their name a household word with every one in any way associated with the jobbing and consumption of paper in Cali- fornia. The good name which was estab- lisbed by their father, together with the confidence of the public which he ever enjoyed, has been maintained by these sons, who have always been noted in busi- ness circles for their honest and upright conduct. Their stock consists of en entire new line of goods very carefully selected from the principal factories of the Pacific Coast, in accordance with the motto established by their illustrious predecessor: ‘‘Patron- ize Home Industry.” This is the only house in San Francisco bearing the Taylor name and in which the Taylor boys exclulivelg are interested. The business is owned 1<¥ E. M. Taylor, F. L. Taylor, S. J. Taylor, F. 8. Taylor and G. M. Taylor, all sons of the old pioneer paper merchant, S. P. Taylor, after whom Taylorville and Camp Taylor, in Marin County, were named. They ask the patronage of their former customers and the public, assuring them of the same courteous treatment and fair-dealing which has alwafs character- ized their actions and merited the confi- dence of the community. When in need of any goods in their line, such as wrap- ring paper, paper bags, twine, etc., do not orget t. aylor boys, doing business under the style of S.P.Taylor’s Sons, at 400 Sansome street, corner of Sacramento. Telephone Main 193, Run Away From th Imshouse. Patrick Lane, an old man, was found wander- ing apout the Western Addition last evening by Policeman Campion and taken to the Re- ceiving Hospital. He ran away from the Alms- house on July 4, and said he would rather die in the brush than go back there again. He 10ld a rambling sory of being held up by two men eight years ago and one of them who was sent to San Quentin had made his appearance at the Almshouse last Christmas with some other bad man and hed threatened to kill him. He will be taken before the Insanity Com- missioners. —————— North Carolina, although a large part of its territory is uncultivable land, has a valu- ation of $156,100,202, MRARMSTRONG'S SUICIDE Unrequited Love and Finan- cial Difficulties Cause the Act. HE MADE ALL PREPARATIONS. Asked His Brother In England to Send a Gift to Mrs. Hughes of San Franclsco. Financial troubles and unrequited love have driven another man to suicide. Walter Armstrong, a civil engineer, was found in an unconscious condition in his room at the Royal Hotel, 126 Ellis street, by H. E, Marshal, the night clerk, about 3 A.M. yesterday. His heavy breathing first drew attention to his room, and when the door was opened with a pass-key it was found that he was beyond help. He was sent to the Receiving Hospital in an am- ‘Walter Armstrong. bulance, however. and everything possible was done, but at 3:45 A. M. he died. Armstrong registered at the Royal Hotel last Wednesday night as “J. Wil- gon.”” He had no money, but A.J. Tur- pin, the proprietor, gave him credit. When the suicide was discovered there was a photograph pressed to his breast, and at his head was an empty whisky flask and morphine vial. The photograph was identified as that of Mrs. Nellie Hughes of 315 Leavenworth street. Two letters and a penciled memorandum were lying beside the whisky bottle. The memorandum was as follows: Landlord—Please excuse the liberty 1 have taken in your house. WALTER ARMSTRONG. One of the letters was to the Coroner, and read as follows: July 5,1895. To the Coronor, San Francisco—Cause, finan- Donchoe, but found that Armstrong’s effects were held for money due for board and lodging. The deceased used to get remittances from England. but toward the latter part of last April they began to fail him and he had recourse to the pawnshop. On April 23 he obtained $10 75 on his watch and chain in the Nevada Loan Office. Three days later he pawned an English coin and two rings for $14 75. On May 13 he secured $6 from the Golden Gate Loan Offie on a pair of diamond cuff buttons, and a week later he got $4 25on an opal pin and two collar buttons. The ‘last article pawned was a billiard cue, on May 30, on which he secured $1 75. Armstrong was evidently at the end of his tether and it was then that he began moving about from one lodging-house to another. He and Mrs. Nellie Hughes were very intimate and on several oc- casions she helped him financially. Last Sunday he called upon her and they bad a quarrel. Armstrong lost his head and attempted to choke the woman with a towel. Her screams brought assistance and Armstrong departed. Next day Mrs. Hughes had him arrested on a charge of threats against life. On his promise to leave the City in four days Judge Joachimsen allowed him to go on his own recognizance. The time expired last Friday and Armstrong kept his prom- ise by taking his life. Last August he had a falling out with Mrs. Hughes, and on that occasion he broke several panes of glass in her house and was arrested for malicious mischief. When Armstrong’s effects were searched at the Morgue a number of letters were found. One of them was addressed: ‘“Henry W. Armstrong Esq., Upton Lodge, Kingston-on-Thames, England,” and read as follows: July 5. My Dear Brother: When you receive this you will have heard the news of my deatb. Donot let the manner of my “taking off” affect you. It was the easiest solution of the situation. I have one last request to make of you. Iam in- debted to Mrs. Hughes, 315 Leavenworth street, San Francisco, to the amount of $200, for board and lodging and money. She is a poor widow and has treated me with unvaried kind- ness. Would you, as a last favor tome, send her a present of that value (I do not believe she would accept the money)? I would suggest & diamond (solitaire) locket and chain. She has my “photo” and I think would wear it for my sake. I beg of you to do this for my sake. Give my love to your wife, Alice, to Richard and Emily and to Anna. Allow me again to assure you, dear Henry, of my appreciation of your many and continued kindnesses. Your affectionate brother, WALTER. P.S.—In sending the locket to Mrs. Nellie Hughes write her nicely, thanking her for the kindnesses shown me. Ww. Another was addressed ‘‘Mrs. Peters, in care of Mrs. Hughes, 315 Leavenworth | street,” and indorsed “To be delivered after my death.” Its contents were a letter addressed ‘‘Mrs. Nellie Hughes, 315 Leaven- worth street,” and a small gold chain,with a charm which had been made out of an old copper cent. It had been worked into a keystone, with the liberty head on one side and on the other the deceased’s ini- tials, “W. A.,” ingeniously formed so as to make a square and compass. The letter addressed to Mrs. Hughes was stamped so that the Coroner would not open it. A message was sent her to come down to the Coroner’s office and open the letter, but the answer to Dr. Hawkins was: “Mrs. Hughes is in S8aunsalito ona yachting excursion with Commodore Gutte and will not be home until Sunday night.” The cial troubles. Effect, suicide; no insanity. Method, morphine. WALTER ARMSTRONG. The other epistle was directed to the British Consul and contained a request that that gentleman attend to his funeral. The letter was as follows: July 5, 1895. Denis Donohoe Esq.—DEAR Sir: In the ab- sence of any friends I am compelled to eall upon you to perform the task of attending to my funeral. I would wish to be cremated and the remains sent to my brother, Henry W. Arm- strong, Upton Lodge, Kingston-on-Thames, England. I am a British subject, and can, therefore, I presume, ask this courtesy at your hands without hesitation. For expenses cable “Armful,” London. Thanking you in anticipa- tion, yours faithfully, ~WALTER ABMSTRONG. P. 8.—You will find some of my effects at 1009 A Sketch From the Photograph That ‘Was Found in Armstrong’s Pocket. Post and e at 620 Post. Please settle the indebtednessand send home “photos’ you will find of me. Destroy all papers in my portmanteau. They are strictly private. W. A. Denis Donohoe is no longer British Con- sul here, as he retired about two months ago. Vice-Consul Moore sent one of the clerks to the Morgue and he identified Arm- strong as a man who used to call regularly at the Consulate for his letters. Asto his relatives nothing is known, but a cable will be sent to the address given. Deputy Coroner Hallet went to the ad- dresses mentioned in the letter to Consul contents of her communication will, there- fore not be known until her return. Armstrong was a fine looki: standing over 6 jeet hizh. Last C told a friend named Read that he was go- ing to buy morphine with his last 10 cents. Read laughed at him and said he had bet- ée_:l buy beer with the money, which he id. The inquest will be held next Wednesday. New Mexico is worth $14,675,209. AN UNSATISFACTORY BOND. The Mayor Refuses to Accept the Sureties of Treasurer Widber. ALL BUSINESS SUSPENDED His Honor Objects to the Financial Standing of One of the Bonds~ men. Treasurer Widber vainly tried to throw open the treasury vaults to the public holding demands against the City yester- day, but Mayor Sutro interposed, and business was suspended until to-morrow morning. The trouble was about the new Treas- urer’s bond. Mr. Widber had named for his sureties H. N. Morse, I. W. Lees, R. J. Techau and H. A.Crane. Morse was on the bond for $100,000 and the Maymj’s sec- retary, J. T. Rogers, raised a question as to his qualifying under the consolidation act, which provides that no surety can be accepted for a public official unless he has property in the City and County. Auditor Broderick and Judge Murphy approved the bond on Friday, but the Mayor remained obdurate until yesterday afternoon, when he satisfied himself that the acceptance of the bond should bein accordance with the general law and not the consolidation act. But his Honor was not yet through with his im{estigntion. His next step was to inquire into the re- sponsibility of the sureties, and at 4 o'clock in the afternoon he declared that the bond was insufficient. All day long there were knots of people around the corridors waiting for the big doors of the treasury to swing open and 4n air of melanckoly pervaded the City Hall. The extra clerks or the Assessor who were let out on the 1st confidently expected to get their salaries on Wednesday, but their warrants have not yet been issued. Mayor Sutro held a conference in bis office’ yesterday morning, at which were Bresem. Auditor Broderick, Taylor Rogers, ity and County Attorney Creswell an others. His Honor asked the opinion of Creswell, who promptly replied that the general law should guide the action of the Mayor, Auditor and Sup erior Judge. Still the Mayor was not satisfied and he harped on the consolidation act.” : “I will see Judge McKinstry,” he said. “He's a good lawyer.” ‘ “You asked my opinion as the City’s legal adviser,” exclaimed Creswell with considerable asperity, “and I gave it to you. I don’t care fo have that opinion hawked about town.” But the Mayor and his secretary went to ex-Judge McKinstry’s office and were gone till nearly 1 o’clock. Mr. Rogers said that McKinstry haa agreed with Creswell. He thought that the general law should apply and was of the opinion that the Supreme Court had so decided in other cases by im- plication. The Mayor, having satisfied himself on this point, set out to satisfy himself as to the responsibility of the sureties, but says that he failed to do so. I have made inquiries at the Assessor’s office and have telephoned to Oakland re- garding Mr. Morse. Iam not satisfied re- garding Mr. Morse’s financial standing, but he may have other property than that which has been recorded. That is what I am trying to find out now. The Treasurer’s bond should be at least a quarter of a mil- Iion dollars, but is fixed at $100,000 and cannot now be changed. It isall very well to say that these things have been, but it does not follow that they should be now. Mr. Morse was accepted formerly, but I cannot take that as a guarantee. There is a right way of doing & thing and a wrong way of doing it, and I propose to be in the right. I am sorry for this delay, but I cannot help it. Personally, I am anxious to assist Mr. Widber in every way possible, but [ must do my duty. Monday, I think, everything will be cleared up. I'will count the money, after which the bond is to be approved. I do not think though that the bond which has been offered will be accepted. The Assessor, Sheriff, County Clerk and License Collector have been obliged to store their fees in their re:pective safes since Wednesday last. This has been necessary to keep the wheels of govern- ment going, and nobody has been discom- moded except those who have demands against the City. Mr. Widber was anxious to resume business, and as_far as he was concerned personally he said that he would waive the counting of the money and pro- ceed to the payment of the demands. In 1860 the real estate cf this country was estimated at $7,000,000,000, and the personal property at $5,100,000,000; in 1870 the real estate was valued at $9,900,000,000 while the personal proporty had dimin- ished to $4,300,000,000; in 1880 the real property had still further inereased to §13,- 000,000,000 and personal property had diminished to $3,900,000,000. Itis not be- lieved that the value of the personal prop- erty actually decreased; the difference he was despondent and out of funds and | 8118ing, most probably, from increased skill in evading the assessments. S The decade between 870 and 1880 does not show as much progress as might be ex- pected, owing to ths fact that through over-production, stimulated by the war, there was an immense shrinkage in ap- parent values, and also in assessed valua- tion. LA BELLE CREOLE CIGARS Manufactured by S. HERNSHEIM BROS. & CQ.. New Orleans, La. RINALDO BROS. & CO., Pacific Coast Agents, 300-302 Battery Street, S. F. Branch Store—29-31-33 South First St., San Jose, Cal. CLEVELAND BICYCLES ARE SWELL WHEELS. FAST, STRONG, DURABLE, POPULAR. Comparison will convince you of the many points o superiority of the % b CLEVELAND Over All Other Makes. LEAVITT o BILIL, 308 Larkin st., Corner McAllister. HI8 WELL-KNOWN m@%m BLE SPE- T clalisy treats l’lgl"l‘! &lc AND NERVOUS DISEASES OF MENONLY. Ho stops. Discharges: cures secret Blood and Skin Diseases, Bores and Sweilings: Nervous Debility, Impo- tence and other weaknesses of Manhood. tie corrects the Secret Errorsof Youth and thelr ipitation of the terrible eflec: Logs of Vitality, Heart, Loss of Memory, Despondency and other (0 also cures Diseases caused by Mer- cury and other Poisonous Drugs, Dr, McNulty’s methods are regular and sclen- tific. He uses no patent nostrume or ready-made preparations, but cures the disease by thorou; medical treatment. His New Pamphlet on Pr- Dissases sent Fres to all men who describs :. ::rnmmo. Paticnts cured at Home. Terms 0u8bIS. Hours—-9 to $ daily; 6:30 to 8:30 evenings. Sua. 210 to 13 only. Consultation free and. Se3diy' Condantia” Call on oF address -~ P. ROSCOE McNULTY, M, D., 20 Konray St., Sun Franciseo, Gt - Beware of stradgers wi ik aB0L your diseass on e sitoets op Lo They are cappers or staerers for swindling d