The San Francisco Call. Newspaper, August 7, 1895, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 7, 1895. 7 g _AUGUST 7, 1806 AMUSEMENTS. BALDWIN THEATER.—*Too Much Johnson.” COLUMBIA THEATER—"The Arabian Nights.” ( MOROSCO'S OPERA-HOUSE — “ By Order of th Czar.” TIVOLT OPERA-ROUSE—“Martha.” OrPEEUM—High-Class Vaudeville. MACDONOUGH THEATER (OAKLAND)—“A Black Bheep.” _BUSH-STREET THEATER.—*Triumph 0f Love.” Commencing Saturday evening, August 10. STATE BOARD OF TRADE EXHIBIT.—575 Market street, below Second. Open daily. Admission free. CALIFORNIA STATE FATE—Sacramento, Septem- ber 2t0 14, BaY DisTRICT TRACK.—Races. PICNICS AND EXCURSIONS EXCURSION TO SANTA O {OUNTAINS—By the Southern Pacific Co., on Sunday, August 11~ | CITY NEWS IN BRIEF. The Menzies-Gunst appeal was submitted to the Supreme Court yesterday The Supreme Court has slightly modified the judgment in the Lev &S J. N. E. Wilson has returned to San Fraacisco and will to-day apply orce. The De La Mcntan e appeal was argued before the Suf Court yesterday. ‘Over two of the old street sweeping g hrown out of work. Bawnmore will lete her load of sl American ports and sail to- » and Producers’ Associa- isability of incorpo- the Hobart estate f the Hale & Nor- cross judgment. Murderer Freder eme Court a s appeal is now before d serious legal complica- t three weeks work has been and women by the State A test case will be heard by Judge Low this morning to test the constitutionality of the poolroom ordinance. The winners at the Bay District yesterday were: Red Dick, Charlie Boots, Sir Richard, All Baba and Charmer. The work of demolition of the old “Johnson » which is to be replaced by THE CALL hg, has been begun. The great raft of piles that recently arrived from Oregon went adrift in the bay yesterday, dragging the tug Sea Witch with it. and young men gather in the gumtrees on F: renue, near Fulton, daily and wager on the Jockey Club races. People of the Richmond district say the pub- ic school is not in a sanitary condition be- not connected with & sewer. oners will bring suit Lumber Company for o the Truckee River. The charge of threats to kill preferred by 3 ine Amirau re sctress, against her ed by Judge Campbell eeting of the Free Library Trustees brarian Clarke submitted his an- ch contained some very in- 1 car-fenders were tried on the West ack yesterday, but they t the inventors ex- hey would. own man was found unconsclous in Powell street yesterday morning ed on full, and was taken to will have come in- garding the California © 1o present when the At- eople must the present sved by an in- rustees of the Mechanics’ In- ght st the Pavilion and took ters connected with thefair. The ts again to-night. & bookn er, has brought suit Club to recover cted from the make a trial trip Y evening. Her he came down from Seattle d officers. made to expunge the refer- xpulsion from the rec- the prayer. ing of the First Congre- ional Church this evening. N.Martin, a wealthy commission mer- Jux City, was thrown off a train at and has sued the railroad 5,000 damages. nd council of the Young Men's “nion is in session at Tenth and Mar- ets, Grand officers’ reports show that er had a successful year. A newly born baby girl was found in the yard he Hillsdale House, corner of Sixth and Jessie streets, yesterday afternoon and taken to the Receiving Hospital. first rehearsal of the San Francisco Ora- ety under the direction of Dr. James on Howe, at Byron Mauzy Hall last ht, was & pronounced success. ccording to interviews held yesterday, the labor unions of this City are opposed to the plans of the Hali-million Club, which pro- poses to bring settlers into the State. Charles Bergman, living on Bush street, fell from his bicycle in Golden Gate Park last g and broke his left arm, which was nded to at the Receiving Hospital. B. Henderson, alias Con S.Sullivan, was rday held to answer before the Superior Court, without bail, by Judge Low for the mur- der of Clarence Barr, the Chinatown guide, The Mark Hopkine Institute of Art has adopted a course of study of three years, lead- ingtoac cate of proficiency to be granted to graduates by the University of California. Two daring robberies were committed by the game men, one on Monday night and the other early vesterday morning, and one of the rob- Billy Cahill, was arrested and identified. The Laurel Republican Club is the outcome of an enthusiastic meeting held at Coakley's Hall, on Geary street, last night. George R. Fletcher is president of the new organization. District Attorney Barnes says that the prose- cution of the defendantsin the Hale & Norcross €uit, who were charged with conspiracy to defraud, Mes with the injured parties, the stockholders. . Warsek has presented a novel point to the Justices' courts. He lost a $20 piece some time ago, and Mrs, Allen McFayden picked it up and would not return it. He is now suing for its recovery. Resolutions denouneing the Board of Super- isors were adopted by the Southside Improve- ment Club last night for failing to provide for the bituminizing of Folsom street. A mass- meeting is to be held. The Musicians’ Union has passed an order prohibiting its members from paying the $4 er week rent which Fritz Scheel demands for the use of the costumes to be used in the Mechanics’ Fair band. Many important changes are contemplated by the cable and electric roads running through the Richmond district. The Sutter- street 'om(nny will find an outlet to the park by way of Walnut avenue. Funds are needed by the California Miners’ Association to enable it to carry on its fight against the railroad companies. The protests sgainst the land-grabs are going to the Secre- tary of the Interior on appeal. Mrs. Bassett, 1119 Mission street, was kicked and beaten by her husband yesterday monfln)}. She was taken to the Receiving Hospital, where it was found one of her ribs was frac- tured and her eyes blackened. The real estate sales during the first six months of the current year are considerably in advance of any year rince 1892. Prices are much better and there is a feeling among holders that the worst is over. Judge Slack yesterday decided in favor of General Dickinson’s demurrer on the accusa- tion of K. M. Smith against the Solid Eight of the Board of SBupervisors. He holds that the Grand Jury must take the first step. The eight-year-old son of Private George W. Hauck, at the Presidio, was drowned near Fort Point last Sunday. He was swimming in a little cove with several companions, when he was carried away by the ewift current. The City Hall Commissioners received bids for terra cotts work for the rotunda yesterday, but as the two bids submitted were over $1000 more than the last ones_the board decided to investigate before awarding any contract. Charles K. Zimmer, real estate agest, 1007 Mission street, fell over an embankment at the Cliff House last night, and his head was badly cut Ly the rocks where he struck, He was taken in the ambulance to the Receiving Hospital. At & meeting to be held in the Richmond district to-night the proposed removal of the rammar classes, the building of the Home 701 Dipsomaniacs and the pl’oroflilion to force the pr:&‘euqunm to use bluerock will be cussed. AROUND THE WATER FRONT | The Bawnmore for Peru Tak- ing in Cargo for Central America. A SMALL PERVERSE TUG Notwithstanding Her Troubles the Steamer Monticello Will Be “on Deck.” All the interest of the water front yes- terday was centered at Harrison-street dock, where the Woodside Brothers’ steam- ers the whaleback Progressist is discharg- ing ber cargo of coal, and the Bawnmore is loading freight for Central America. After discharging herfreight at its destina- tion she will continue on her way to Payta, Peru, where she will take in oil under char- ter of Grace Bros. The firm of Page Bros. of 202 California have the Central American charter and in- tend to run a freight opposition to the Pa- cific Mail as long as the Bawnmore plies be- tween this port and Peru, or as long as the Panama Railroad Company 1s enjoined from accepting freight for Central America. With a big steamer under double charter and taking cargo both ways at & low rate the Pacific Mail Com- pany cannot fail to feel the effect of the competition. Part of the Bawnmore’s great cargo con- sists of eleven bobtail streetcars for Cen- tral America. They were newly painted and bore the legend, “Ferro-Carril de San Salvador a Santa Tecla y La Libertad,” conditions of their dock rental is that they will send their well-equipped tugs to fires, yet the State boats should be well manned, and this is what is worrying the Harbor Commissioners. The State will probably bring suit to eject the parties occupying private wharves glloo\?g Channel street inside of the tide- PERMANENTLY ORGANIZED The Republicans of the Fortieth Dis- trict Are Preparing for the Next Campaign. The‘Lnurel Republican Club, composed of residents of the Fortieth District, per- gecled a permanentorganization at a meet- ing held at Coakley’s Hall on Geary street last night. This is the only Republican organization in the district, and though it starts out with hardly thirty members, bids fair to become one of the strongest political bodies in the City. The committee selected to name the offi- cers of the club for the ensuing three months made the following recommenda- tions, which were unanimously ratified by the club: George R. Fletcher, president; James Wins. low, vice-president; James Diggins, second vice-president; George Magoonis, recording secretary; W. Hughes, financial secretary: Thomas Eager, treasurer; J. Forsyth, sergeant- at-arms; eXecutive committee—F. A. Maes- tretti, Henry Thompson and J. Laib. The meeting adjourned until the 20th. The membership of the club is as follows George R. Fletcher, F. A. Maestretti, L. D. Norton, J. C. Diggins, H. Hiller, Joseph Laib. W. Wilkinson. Julius Kahn, James Winslow, on the front day and night, and one of tie | [Sketched by a * Call artist.] LIFTING THE SUNKEN TUG ON TO THE BAWNMORE. THE EIGHT TAKE A TRICK, Judge Slack Decides Against the Accusation of K. M. Smith. THE GRAND JURY MUST ACT. The Court Holds That an Individual Cannot Bring an Actlon Under the Law Cited. Judge Slack, after listening to an argu- ment which lasted nearly all of yesterday, decided that an individual could not bring a suit against the Supervisors for removal from office under section 772 of the Civil Code or the act of 1893, which prescribes the method of granting franchises. It was the suit of K. M. Smith agatnst the Solid Eight, and this disposes of the matter for the present, as General Dickin- son called for a truce until after the 7th of September, to which time the board has adjourned, and the members, he said, would probably be out of town. 1t does not by any means dispose of the matter finallv. Judge Slack’s decision simply declares that the method of pro- cedure against the parties was wrong—not that they had not violated the law. The method being wrong he stopped at that, sustaining the demurrer of the defendants counsel. 0 X Judge Slack asked the plaintiff particu- larly whether he relied solely upon these two points of the law—the act of 1893 and Section 772 of the Penal Code. Smith re- plied that he did, and Judge Slack decided the case off hand. Section 772 is as follows: When an accusation in writing, verified by the oath of any person, is presented to a Su- perior Court alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, ov has refused or neglected to_perform the official du- ties pertaining to his office, the court must cite the party charged 0 appear before the court at 2 time not more than ten nor less than five days from the time the accusation was presented; and on that day or some other subsequent day not more than twenty days from thaton which the accusation was presented must proceed to hear, in & summery manner, the accusation and evidence offered in support of the same, and the answer and evidence offered by the which means “Iron Cars of San Salvador to Santa Tecla and La Libertad.” How- ever, the directions inside the cars to ‘“‘de- posit the 5-cent fares in the box,” and to the effect that the door will not be opened until the ultimate nickel is in, printed in vigorous English, prove that the reju- venated bobtails once dia duty on Mission and other south-side streets. Now they are destined to be hauled around Central America until the electric and_the cable again chase them farther back into semi- civilization. 3 Several surf boats and a tug_ are being swungaboard the Bawnmore, and thelatter mer has been the toughest package of freight the stevedores have had to handle. Three times that perverse little steamer has dropped back in the bay as though deter- mined not to be deported for towing pur- poses in a foreign port. The last time the tackle parted the boat went overboard bow downward in the mud, almost wrecking itself in the plunge. Divers were sent down, who put new slings around the hull, and to-day the stubborn youngster will be whipped aboard and sent out of the coun- try in disgrace. g’otwilhsmnding her troubles the steamer Monticello will make her trial trip on Thursday evening, leaving her dock at Mission No. 3 at 7:30. She will run up and down the bay for several hours, showing what she can do in the way of 'carrymg assengers between San Francisco an C'allojo, two round trips daily. “Yesterday morning,"” said Mr. Hatch “I was notified that I had slipped out of Seattle without clearance papers and had ‘gone to sea without licensed officers, and that I would be fined hun- dreds of dollars and my boat confis- cated. I don’t believe a steamboat man ever received such a reception and so much free advertising as I have received since I came here, First, I was libeled by the Southern Pacific Railroad, then en- joined by the Federal officials. I have en so worried by these matters that it is a wonder I have been able to get my boat ready for her work. Captain Stream, who brought her down from Seattle, isa regular licensed pilot or master, whatever you may call it, and as such was llegnlly qualified to take the Monticello around the globe. As she did not leave the sound with a single passenger or a pound of freight we did not have to clear her. She was only being transferred from one port to another. ‘““Ask any of the tug people pere if they have to clear their boats when they trans- fer them to other places for towing pur- poses. Itisa partof the plan to cripple the Monticello or keep me from carrying Eassemzers on this hndy. However, if the ay travelers will stand by this little steam- boat she will soon be hauling them be- tween San Francisco and Vallejo at §1 the round trip. She has been neatly fitted up, and her peculiar build makes her as con- venient as an excursion craft.”’ The Harbor Commissioners are exer- cised not a little over the protection of State property along the water front and ihe removal to-day of the City Hose Com- gany from the fire-tug Governor Mark- am. President Golnon stated yesterday at the meeting of the board that he re- gretted the change and hoped that some arrangement might be made that would keep the hose company near the tug. The State had no insurance on the water-front IE)roperty. and every means should be taken even by eo—ogintion with the City to prevent loss by fire. He said he had heard that the change was partor a plan to force the Uity to purchase a firetug. As a matter of fact, the removal of the City hosemen will leave the fireboats in a crippled condition, as each tug is operated with only four persons apiece—the pilot, engineer, fireman and one deckhand— which will necessitate employment b the State of several men as an ad- dition to the crew. The Spreckels and Merchants tug companies each have several vessels with steam up F. A. Lawson, W. G. Hughes, J. Forsyth, J. Schrader, Thomas Eager, James McNab, George Magoonis, J. D. Seibe, H. Vorrath, L. G.Mc- Mullen, J. Ogilvie, W. E. Henderson, J. Erasmy, J. Johnson, J. W. Russeil, H. Thompson, M. H. Crosthwaite, J. C. Nobman, THO DARING ROBBERIES An Old Lady Is Held Up and Nearly Expires From the Shock. A Restaurant-Keeper, the Other Victlm, Knocks One of the Bandits Down. Two young men started out on Monday night to make themselves conspicuous by robbing people and one of them is now in the City Prison and the other is known to the police and his arrest is only a question of hours. | They entered the fancy-goods store of | Mrs. Liebenthal, Steiner and Ellis streets, shortly after 11 o’clock. One of them pre- sented a revolver at the old lady while the other robbed the till of §12. The effect of the shock upon Mrs. Liebenthal was such that until last night her life was despaired of. She is now recovering slowly but surely. Between 12 and 1 o’clock yesterday morning they entered the restaurant of Frank Jovica, 1434 Turk street. Jovica was there alone. They asked him for two plates of oysters, but he told them he had none, and was explaining to them what he could give them when one of them pulled | out a pistol and, presenting it at his head, ordered him to throw up his hands. The robber grabbea him by the ihroat with his left hand while his companion slipped behind the counter and emptied the till, which only contained $2 or §3. Jovica, after getting over his momentary surprise, knocked the robber with the pistol down, but he immediately jumped to his feet and ran outof the store, fol- lowed by his companion. Jovica blew his police-whistle and Sergeant Nash and Policemen Campbell and Anderson re- sponded. They traced one of the robbers to a saloon close by. They thought they had secured him, but he managed to give them the slip. Policemen Campbell and Anderson were specially detailed on the case yesterday and in the forengon they arrested Billy Cahill, a well-known thief, on snspicion. In the afternoon Jovica visited the City Prison and picked out Cahill from among a dozen otherfirisoners as the robber who emptied his till. The two officers are con- tinuing the search for Cahill’s companion, who is known to them. George H, Thomas Post, G. A. R. The regular meeting of George H.Thomas Post, G. A. R. t evening was unusually in- teresting. The attendance of members was large to view the ceremonies. of saluting the flag, which Commander Stateler introduced. Department Commander Nelson was among the comrades present. In accordance with regulation ceremonies recently adopted in Eastern States, an escort of comrades bearin; the flag and marching to the music of the fife and drum entered the postroom at the proper ignal. The slngln’ of Julla Ward Howe's bat- tle hymn of the “Republic” was quite ani- mated. The flag salute will become a part of thetregulu exercises of each meeting of the post. ——— FursiTuRE moved, stored, packed and shipped at low rates by Morton Special De- livery, 650 Market street (Chronicle build- ing) and 408 Taylor street. 'd party accused; and if on such hearing it ap- pears that the charee is sustained, the court must enter & decree that the party accused be deprived of his office, and must enter a judg- ment for $500 in favor of the informer, and such costs as are allowed in civil cases. The act of 1893 has so frequently been printed in THE CALL that it is scarcely necessary to repeat it. 1t provides the manner in which the board shall grant franchises; that upon application for a franchise the board shall, ubon determin- ing to grant the same, advertise it. The advertisement must state the character of the franchise, the term ofg its continuance, the route and the day upon which bids will be received. On that day the tenders must be opened and the franchise awarded to the highest bidder. For defeating or attempting to defeat the purpose of the law the penalty is forfeiture of the office. Upon conviction the men shall be deemed guilty of misdemeanor and malfeasance of office and subject to fine and imprison- ment. The argument was conducted by K. M. | Smith on his own behalf, and General J. H. Dickinson for the defendants. The defendants were not in court at the opening, but Wagner and Kins came in a few minutes before the noon adjournment. In the afternoon Benjamin aiso appeared. The argument was upon the demurrer of defendants, which set up tecknical objec- tions to the proceedings under these laws as stated. He maintained all the way through that the laws required a trial and conviction, and the action must be based upon an in- dictment. - i “The act of 1893, relative to the sale of franchises, provides,’ he said, ‘‘that any member of the Board of Supervisors who, by his vote, attempts to violate its provis- ions, is guilty of a misdemeanor and of malfeasance in office, and can be deprived of his office after trial and conviction. This means that the officer so accused must be indicted by the Grand Jury and tried upon the indictment. Section 772 of the Penal Code, under which this complaint is filed, does not apply. The real complaintis that the Board intends to do_something—in- tends to let a franchise, No malfeasance in office is alleged.” Continuing, Dickinson said: “The right of an individual to begin proceedings for the removal of an officer is strictly lim- ited, by section 772 of the Penal Code, to two specific grounds—first, to the case where a public officer has charged and col- lected 1lle§al fees for services rendered; and second, to a refusal or neglect on the partof an officer to perform the duties pertaining to his office. This prosecution does not fall within either ground of com- plaint named in the section, There is not a single allegation of fraud in the com- plain%." % 2 » Smith, in his reply, which consumed several hours, covered the whole ground, both of fact and law, that have been so often recited. He told the story of how the eight—naming them— JOSEPH KING, PETER A. SCULLY, C. E. BENJAMIN, ALPHONSE HIRSCH, E. C. HUGHES. | CHRIS DUNKER, A. W. MORGENSTERN, EDWARD WAGNER Voted eight times against the interests of the Feop e and in favor of the Market- street Railway Company, refusing to raise the minimum bid from the paltry for for this splendid and valuable privilege, refusing to open the matter to comgetition. refusing to put any kind of a time limit on the grant, which would require the com- pany to build the Sunnysine branch fin less than the three years, at which the State law works a forfeiture. The act_of 1893, he said, was one of the strongest in the books, providing a pen- alty not only for its being ignored by the Superyisors, but where they attempt to ig: nore it. The act was framed for the special furpose of preventing the Supervisors rom giving away vast rights and securmI% some return to the people for them. was enacted because the Supervisors had been notoriously guilty in the matter, and the law was to stop it. 5 He called attention to the language in the orders which confesses that it was drawn by the Market-street Railway Com- pany; that the franchise to be granted is to be subject to restrictions in the order as drawn by the company, ana finally that the street railway to be operated under it was to be an adjunct toand extension of and run in connection with the lines of that company and for the unexpired term of the previous franchise of that company. All of this was clearly a violation of the law which provided for securing all the revenue from the great grant that would come of free and unrestricted competition. It was quite possible that the Sutro Com- pany as well as the San Mateo would want to bid for it, but surely no one would want it under the limitations as thrown around it by this order. He said there was no other word but fraud to describe their acts. He thought the Solid Eight had acted under legal advice in their ac- tion, and was inclined to believe that Gen- eral Dickinson had advised them. With re%;:rd to his right to bring the accusation he held that the Supreme Court had affirmed the declaration that any citi- zen could bring an accusation. ‘This was done in the case of John J. Marks, in which Hall McAllister had represented the people ard the delinquent oflicial had been ably defended. General Dickinson, in a brief reply, read section 497 of the Civil Code, under which he held that the Supervisors had discre- tion as to the manner of granting the franchise. He declared further that while the complaint charged fraud no acts were cited showingit. $ Here the argument closed, and Judge Slack announced that he would decide the matter at once. Having stated the nature of the action in the formal fashion his Honor said: It is very clear to my mind that the eight members of the Board of Supervisors in de- olininf 10 consider the application of the San Francisco and San Mateo Railroad Company have done nothing in contravention of the act 0f 1893. Thatact imposes upon the Board of Su- pervisors no positive duty to advertise a fran- chise which may be asked for, consequently there is no refusal or neglect to perform an offi- cial duty within the terms of section 772 of the Political Code of this Statein declining to con- sider the application in question. This dis- poses of the main contention. In regard to the other allegations contained in the com- plaint—the allegation of fraud and corruption on the part of the eight Supervisors—that is not a matter of which the plaintiff can complain in this_proceeding. If the eight members of the Board of Supervisors have been guilty of any corrupt misconduct in office they must be proceeded against as pro- vided by the sections of the Penal Code, begin- niug with section 758. There is no act alleged in this accusation which gives the plaintiff gny standing in court. There is no positive duty imposed by the act of March 23, 1893, which the eight Supervisors have neglected or refused to periorm, and, as I have said, if they have been guilty of any willful or corrupt miscon- duct in office in general the proper proceedin is & proceeding to be instituted by the Gran: Jury. For these reasons the demurrer to the petition is sustained, and I will give leave to counsel for plaintiff, if he desires it, to file an amended petition; but it seems to me that the petition is beyond cure, however. I have not }ma.\ed upon the technical objections that have been made to the petition, but I have con- sidered the matter upon the merits. Mr. Smith announced that he would probably take advantage of the leave to amend. General Dickinson took exception and then announced that his clients would probably be out of town until the first week in September snd it was agreed that with all the rights maintained a truce would be allowed until that time. CLAYBURGH - WERTHEIMER A Fashionable Wedding Which Was Solemnized Last Night. The Groom Is a Well-Known Busi- ness Man and the Bride a Handsome Woman. The wedding of Miss Hannah Clayburgh, daughter of E. P. Clayburgh, the retired merchant, and Kaufman Wertheimer, head of the firm of F. Uri & Co., took place at 1810 Bush street last even- ing. The spacious drawing - rooms were beautifully decorated for the occa- sion, and the ceremony, which was per- formed by the Rev. Dr. Stark of Temple Emanu-El, took place under a large floral bell. The wedding march was led by Ike Poly, uncle of Miss Clayburgh, and he was followed by Miss Blanche Baer, who strewed flowers in front of the bride. Some very pretty gowns were worn at the function. Miss Emily Clayburgh, the maid of honor, wore a very handsome cos- tume. It was a yellow-stri; silk, made decollete, with a bertha of Valenciennes lace and turquoise ornaments. She carried a bunch of American Beauty roses. Miss Clayburgh made a very handsome bride. She wore a white satin decollete spwn. a bertha of Valenciennes lace, iamond ornaments and carried a bouquet of bridal roses. The bride’s mother was dressed in black silk, the bodice being covered with chinchilla lace, and Mrs. i, sister of the groom, was beau- tifully gowned in black, with an appro- priate intermixture of white silk. Her ornaments were diamonds and jet. Mrs. M, Wertheimer wore black silk’ trimmed with nile green_and covered with black chiffon and Miss Flora Uri_black silk skirt, nile-green_bodice trimmed with chiffon. She wore diamond and pearl ornaments. Among theguests were: Miss Flora Uri, Miss Belle Uri, Miss Sophie Wertheimer, Joseph Wertheimer, Ike Uri, Isaac Poly, Mr. and Mrs. A. Rosenwald, Mr. and Mrs. E. A, Baer, Messrs. Joseph, Julian, Moses, Solomon and George Uri, Jesse Rosenwald, Miss Blanche Baer, Miss Emily Clayburgh, Messrs. Steve, Emmanuel, Sau) ‘and Alpert Clayburgh, Albert and Max Konigsheimer, Mr. and Mrs. Albert Clayburgh, Charles Baer, Gabriel Ross, Isaac Kahn, Mr. and Mrs. E. E. Rgas, Mrs. 8. Caro, Miss Tillie Mr. snd J. Blum, Mrs. J. Smith, M y L. Eieg;l. Joe Loewe, Mr. and Mrs. A. Rothschild, r. and Mrs. Brownstone, Mr. and Mrs. J. Schoenfeld, the Misses Bella and Carrie Goldman, Louis Goldman, Ben Rosenberg, Miss Sophie Rosen- berg, Miss Charlotte Jeweil, Herbert Cook, Miss Carrie Bergstein, Mr. and Mrs. C.Solomon, Miss Ophelia Baer, Mrs. Selig J. Koppel, G. Bennett, iss G.Joseph, Ben Joae};)h, r. and Mrs, E. Gladwin, Mr. and Mrs. F. Bauer, Joe Schauzer, W. Fillmer, A.Strasser, Mr.and Mrs. H. Weil, Mrs. Louisa Heilbron, the Misses Tiilie and Maie Heilbron, J. Rothschild, Mr. and Mrs. L. Kahn and Mr. and Mrs. H. Ryan, e g e FLORENCE BLYTHE'S AGREEMENT She. Will Give Her Grandmother Ten Per Cent of Her Money. A document dated March 12, 1892, has been placed on file in the Recorder’s office by Mrs. Ids I Phillips, and by its terms throws some light upon the inside of the great Blythe case. The mstrumenl is an assignment by Mrs. Kate C. Perry of an interest in the Blythe case to Mrs. Phillips as security for a loan of $20,000. The document filed is an agreement be- tween Florence Blythe and Mrs, Perry, in which the former, in consideration of care and maintenance, money advanced and as- sistance furnished in litigation, agrees to pay to Mrs. Perry 10 per cent of what money she will receive from the estate, it being further agreed that the total paid should not exceed §500,000. Henry I. Kovulskg witnessed the agreement. It was probably the near approach of the final “distribution of the estate which prompted Mrs. Phillips to record this se- curity for her loan. e - The Barbers Meet. The Barbers’ Association, at its regular meet- ing last night, agitated the closing of barber- shops every evening at 8 P. M. except Saturday. A mvs.u-maonng will be beld in the near gmm’g to agitate this question. Remarks were made by Presiaent . I, Wolfe, H. Seheurnest, 8. ler, P, Haman, H. Bernard and others, THE BIG RAFT ABRIFT, Once Loose in the ‘Tide, Drags the Towboat Sea Witch Along. It OTHER TUGS TO THE RESCUE. Narrow Escape From Grounding on the Shallows of the Lower Part of the Bay. After successfully weathering the peril- ous voyage from the mouth of the Colum- bia River to San Francisco Bay and get- ting inside the harbor without a mishap, the great raft of piles that recently came in from the north distinguished itself yes- terday by running completely away with a tugboat and by cutting up capers quite at variance with its decorous behavior while being towed in the open ocean. The vast aggregation of logs was brought down for the use of the Southern Pacific Company in the repair of its various bridges and trestles on the eastern shores of the bay, and several days ago it was| determined to tow the, monster into Oak- land Creek to be broken up. The tugs Rescue, Sea Witch and Etna, of the Merchants’ Tugbhoat Company, the latter two being small ‘vessels, were de- tailed for the work and proceeded to Hunters Point, where the great raft was anchored, early yesterday morning. The first task ‘was to raise the two im- mense anchors with which the raft was held in position, and the Atna started in on that portion of the work, while the Rescue and Sea Witch fastened to the raft in readiness to tow the fabric up the bay when they should be clear of the bottom. The flood tide was running like a millrace, and the great raft, which contains nine millions of feet of logs, and draws over twenty-one feet of water, was tugging at its moorings with titanic force. Very little hauling at the anchors showed the captain of the Etna that he could not raise tg\em, and he signaled for help. The Rescue let go her towline and responded, leaving only the little Sea Witch fast to the raft. The cables that held the anchors were soon cut loose from the logs and then the troubles of the Sea Witch began. The raft began to move and that at a lively pace, but not in the direction the bow of the lit- tle tug was pointed. Instead of going to- ward Oakland it started on a little trip toward Redwood City carrying the unwill- ing Sea Witch along. Puff and churn the water asshe might the tug was dragged ignominously back- ward, sending out clouds of black and angry smoke and shrieking signals for aid to her consorts at every Blunge. The latter were in as bad a predicament as. the Sea Witch for, having cut the anchors loose irom the raft and having no buoys to which to fasten them while they ursued the raft, they were compelled to eave the Witch to her fate for the time being. In the mean time the tug and raft were drifting rapidly in the direction of Red- wood City, the powerful ‘“‘hold” of the raft on the water, owing to its great depth, rendering the little tug entirely useless. The raft wasin great danger of rounding in the shallowsof the lower ay, when the other tugs got rid of their burdens and flew to the rescue. Luckily for the safety of theraft, the tide was stili in the flood, and the three towboats were fast before the tide turned when all was easy sailing on the return trip. The man in charge of the raft had sound- ed the mouth of the creek, and knew that, except at high tide large, the depth of | water was two feet short of the necessary amount to let the raftin, and great caution was taken to arrive at the creek at pre- | cisely the righttime. This was the first successful attempt to bring a raft of logs over the long ocean route, and the owners were naturally anxious that no mishap should occur. Had the tide been on the ebb when the raft got away an immense amount of dam- age might have resulted, as the mass of timber would have drifted among the ves- sels anchored in the stream and cut their | cables like pack thread. Had not the Rescue and ZEtna been able to catch the raft in time the damage would also have been great,as such a mass of Efles once aground would have been very ard to move. Some idea of the value of the raft may be gained from the fact that the chains which bind it together are worth $50,000. STREET-SWEEPING CHANGES, Over Two Hundred Men of the Old Force Dismissed. Superintendent of Streets Ashworth will have charge of the street sweeping to-day, and he will continue in charge for six weeks, until the contract is let for this work. This state of affairs was brought about by the Supervisors failing to provide for the payment of the Merchants’ Asso- ciation’s July bill, $8800, which will be tied up until the middle of next month. Had this bill been paid, the association would have continued the work until the new contract is let. The members of the asso- ciation regret that this change will throw out of work the 215 worthy workmen who, under other circumstances, might have found work under the new contractor. President Dohrmann of the association, in speaking of the bids received by the Su- pervisors for sweeping and sprinkling, says that the bids are reasonable and show a sharp competition for the contract. He believes that_the service will be twice as good as under the old regime, when the streets were cleaned by machine sweepers and machine politics. “ Then the sweeping cost $16 40 per mile, and the new contract when awarded will amount to less "than 50 cents a thousand square yards. He figures that a mile will average 24,000 square yards, making the present cost about $12 a mile, and the service will be much better. The City will be greatly benefited by the new system, and the merchants will be bene- fited by saving the expense of sprinkling. ————————— Principal Leszynsky’s Claim. Isidore Leszynsky’s suit against the Board of Education is on trial before Judge Seawell. Leszynsky was principal of the night school in 1593y and he charges that his removal was without cause. NEW TO-DAY—AMUSEMENTS. TIVOLI OPERA-HOUSE Mes. ERNESTINE KrELING Proprietor & Managss ——THIS WEEK ONLY: Flotow’s Lyric Opera, “MARTHA!” TO-NIGHT LAURA MILLARD as MARTHA, AND—— ALICE CARLE, MARTIN PACHE, GEORGE H, BRODERICK, JOHN T. RAFFAEL, W. H. WEST in the Cast. ——NEXT WEEK! Genee's Comedy-Opera, “THE ROYAL MIDDYI” Popular Prices—25¢ and 50c. AND €O, INCORPD m‘lEfiTRE PROPS. 1 NOTHING DISTURBS ME! | Every Evening This Week—Matinee Saturday, The frresistible Comedy, “TOO MUCH JOHNSON,” A Stuay in Langhter, with WILLTAM GILLETTE and all the Original Company. # (Management of Charles Frohman). FRICOLANDER.GOTTLOD & Co- LE35ES AHD MANAGERS" «+ GREAT | TO- CHANGE NIGHT! THE FRAWLEY COMPANY R “THE ARABIAN NIGHTS.” Friday. “YOUNG MRES. WINTHROP”" Saturda; v ‘MOTHS”” Sunday Night.. Monday Next—! MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theaterin America. WALTER MOROSCO. ...Sole Lessee and Manages EVERY EVENING AT EIGHT, FIRST PRODUCTION IN AMERICA Of the Great Russian Drama, “BY ORDER OF THE CZAR!” EVENING PRICES—25¢ and 50 Famlly Circie and Gallerv. 10c. Usual Matinees Saturday and Sunday. ORPHEUM. O’Farrell Street, Between Stockton and PowelL A GREAT VAUDEVILLE CARNIVAL! 10—NEW ARTISTS—10 SPARKLING COMEDY ! UNEQUALED SPECIALTIES ! CELEBRATED SINGERS ! The Strongest Combination Ever Brought to the Coast! 19 WORLD-FAMED STARS!—19 Reserved seats, 25¢; Balcony, 10c; Opera chalrg and Box seats, 50c. &5~ Secure seats days in advance. BUSH-STREET THEATER. SATURDAY EVENING, AUGUST 10. Grand Production of the Beautiful Fairy Operetta, “TRIUMPH OF LOVE,!” 100—PERFORMERS!—I100 Fairies, Nymphs, Goddesses. Dancing Sprites, Evil Spirits, Demons, Mortals. DELIGHTFUL MUSIC! CHARMING TABLEAUX! FATRY AND BURLESQUE DANCES! THREE HOURS IN FAIRYLAND! RESERVED SEATS.... ...81, 756¢ and 50¢c, On sale at Sherman, Clay & Co.’s. MACDONOUGH THEATER (OAKLAND). To-night (Wednesday)—Farewell Performance, Hovt's Funnle&l’lny. A X IEE>, Popular Prices Secure Your Seatse SIATEEALR TTRACTIV E> PAVILION EXHIBITS EMBRACING DISPLAY of %ECTRICAL POWER ANSMITTED FROM ——FOLSOM.—— TV 28 THE GREAT AMERICAN CONCERT BAND TREE ‘Rk\\i? ORT AT\O™N RUNNING RUNNING RACES! % RACES CALIFORNIA JOCKEY CLUB RACES, okl JOAQUIN MILLER POET OF THE SIERRAS, Has written a Poem of great depth of feeling, entitled, “FATHER DAMIEN OF HAWAII” THE SUNDAY CALL OF AugusT 11 WILL CONTAIN THIS LATEST PRODUCTION OF THE WEST- ERN BARD WHO MAKES HIS HOME on “ THE HEIGHTS ” OVERLOOKING OAKLAND, ALAMEDA AND BERKE- LEY, AND THE GOLDEN GATE. THE SUNDAY CALL EACH WEEK IS REPLETE WITH INTERESTING FEAT- URES. 4 Tue CALL devotes a great deal of atten- tion to excellent articles on Western Themes by Western men and Western ‘women. SPRING MEETING! BAY DISTRICT TRACK. Races Tuesday, Wednesday, Thursday, ¥riday and Saturday—Rain or Shine. - Five or more races each day. Racesstartat 2:39 2. X shuy, McAllister and Geary street cars pass e gl PICNICS AND EXCURSIONS. LAST EXCURSION OF THE SEASON ——T0 THE— SANTA GRUZ MOUNTAINS! FIVE HOURS AT BOULDER CREEK. 7 S e, S, SUNDAY, AUGUST lith, Under the Personal Supervision of MR. WM. H. MENTON, xxcunlonylmn “mfi.'gf Southern $12 rouno rie. $1.25 Tickets on sale at 618 Market street, Grand Hotel block, August 7, 8, 9 and 10:-also at Ferry Depot, foot of Market street, San Francisco: Fourteenth and_Franklin streets, Oakland, ana Park-street Station, Alameds, on the morning of the Excur, sion. Take the 7:45 A. 2. boat from San Franclsco R Bttt bt At Ll T s Sl bt R Rt Bt 0 T b b S e Sl g e L L e , i i ‘ i 1 ‘ | fi i