The San Francisco Call. Newspaper, August 9, 1895, Page 5

THE SAN FRANCIS O CALL, FRIDAY, AUGUST 9, 1895. 5 1S JERE LYNCH PREPARING A BOMBSHELL? He Has Purchased 4000 | Shares of Hale and | Norcross Stock. RUMORS OF HIS PURPOSE. One Way to Bring the Criminal End of the Suit Before the Grand Jury. A VERY CAUTIOUS INTERVIEW. M. W. Fox and W. T. Baggett Say It Is Time for Some One Else to Move. ince the Supreme Court rendered a de- cision sustaining the lower court in favor of M. W. Fox, a stockholderin the Hale& Norcross mining suit, who d the own- ers of the mine for the recovery of certain sums of money which the Supreme Court says were secured trom the stockholders by fraud and corruption, the case has come to a sudden standstill d the plaintiff and his attorney are waiting for some one to begin a crin move before the Grand Jury. d Mr. Baggett, the plain- ucceeded in getting a sion in which M. L. Levy and Alvinza ard are found to be guilty of fraud a piracy by the Supreme Court of the State of California. I was warned not to proceed with this case, as the men in- volved were millionaires and it would be ible to get a decision even if our allegations were proved. I was not dis- posed to think that this State was beyond delivering justice to those who deserved it, and, as you are aware, I moved in the matter with all the capacity I possessed. 1 proved. and the testimony is still extant, that Levy, Hobart, Hayward and several combined in a scheme—partly 1l I might say—to defraud the t holders of the Hale & Norcross mine out of their just dues and dividends. Itis not necessary to go over the entire case in order to refresn the mind of any one. Suf- fice it to say that it has been in progress since 1890 and that we have at last been e to get a decision in our favor. Ir. Fox was the only stockholder who ever put up a dollar to push the proceea- ings, and has never had financial assist- ance from any source. All the expense has been shouldered by him, and at this juncture, or after the civil proceedings_are {vmu;lu to a close, it is the duty of the Grand Jury, being cognizant of the decis- ion of the Supreme Court, to proceed in the matter of taking up the case and cor- cluding its criminal end. If any single one of the members of the Grand Jury should demand that the Hale & Norcross case be taken up, and the individuals found guilty of fraud be vroperly dealt with, it would have to be done, but it cer- must be started, that is evident. tainly “I will even go further. Any stock- holder holding stock at the present time, or even one who has held stock in the past, can demand that the Grand Jury summon the guilty ones, and enter into the testi- mony of the case proving their guilt. It is easily obtainable, and can be submitted in pritifed form. There is nothing lacking. the evidence upon which the case was mitted to the Supreme Court is there, the same evidence upon which the decis ion was rendered. I do not understand why the Grand Jury has done nothing in regard to it, nor why some stockholder has not taken steps to have ihe Hale & Nor- cross conspirators attended to. “We will furnish all the testimony if they desire it, and itis strong enough to send them to the penitentiary.” “How does it happen, Mr. Baggett,” inquired THE CALL = representative. “that Evan Williams. superintendent of the Nevada Mill, was not mentioned in the decision of the Supreme Court?” “Well, for the reason that he was merely the tool used by the defendants to com- lete their chicanery and fraud. He was Fhit taie o the prinicipats and 1 mevelvian employe of the Hale & Norcross Company. Senator John P. Jones was also one of the principals in our original suit, but it was impossible to serve papers on him, and he, together with Frank Newlands, head of the Sharon estate, was never brought into the suit. Williams, however, had nothing to do with the case other than as an em- plove of the company.” “‘There is one thing,” said Mr. Fox, who entered into the conversation here, which I would Jike to call the attention of the Grand Jury, and it is the fact that the Jopular belief regarding fraud being out- }a\red is not altogether understood in this community. The code says that fraud is not outlawed until three years after it is discovered. Now, mind you, this fraud was not discovered until the Supreme Court rendered its decision, and therefore is not outlawed at the present time. The decision was not rendered until the 3d of August this present year, and it has to run to 1898 before it is beyond the laws of Cali- fornia. “We are simply waiting to see what the balance of the stockholders want to do. I have personally stood the expense upto the present time, and landed the case in favor of the stockholders. Mr. Baggett, my attorney, has proved that a millionaire is subject to the laws the same as any one else, and if there is any other stockholder who wili finish the criminal end of the case I would like to see him come forth and begin at once. I understand that something of that kind is on foot, but I do not know the one who will take it upon himself to handle the job.” At the conclusion of the interview with Mr. Fox and Mr. Baggett the CALL re- porter heard that Senator Lynvch had purchased 4000 shares of Hale & Norcross stock, and intended having the criminal issue of the case brought before the Grand Jury. This rumor was followed from broker to broker, and finally run down to the Senator, who, owing to his Grand Jury record of the past, has probably been sus- pected as the man who was striving to get at the seat of corruption. Mr. Lynch was found in his rooms at the Bohemian Club, and very cautiously confined himself to the business of answering all questions put to him in a very guarded manner. “Mr. Lynch, is it true that you pur- chased 4000 shares of Hale & Norcross stock on the 7th of August?” I decline to state whether or not I pur- chased such amounts of stock.” s “Ts it true that you have such suz’ck in your possession at the present time? “It is. Here are the certificates.” Mr. Lynch then threw them upon the table. There were two certificates, No. 54,506 and No. 54,507. Both were dated August 7 and were made out to Jeremiah Lynch per- sonally. “Did you purchase this stock, Mr. Lynch, for the purpose of becoming a stockhol@er with the intention of bringing the case before the Grand Jury ?"’ decline to answer that question.” s this stock for you?”’ “It may and it may not be, I decline to state regarding that point. It may be for some one else. Who can tell?” “You can.” “‘Yes, but 1 won’t. One of the common- est mistakes is to tell what you propose to do beforeitisdone. The result is generally to destroy its effect. Therefore I decline to answer.” “‘Have you been buying much stock of late, Mr. Lynch?” “No. Youcan state with perfect truth that I have not been inside the mining “to | stock exchange for nearly three years and that I have ceased buying mining stock altogether.” “This stock then is the first yon have purchased for some time "’ “I decline to state that I bought this stock.” “Is it the Grand Jury’s duty, Mr. Lynch, to ve in the Hale and Norcross case no hat the decision of the Supreme Court has been rendered 2"’ It isthe Grand Jury’s right to take cog- nizance, but I ao not suppose they have noticed it, as in many other cases.’’ *Did you not state to a gentleman that youintended to bring the matter before the Grand Jury at once?'’ *1 decline to state what I intend to do.” ‘“Then, Mr. Lynch, you intend to do something ?” ‘‘See here, you must not question me further. T absolutely decline to state any- thing. It is not time.” Mr. Lynch was very polite and cour- teous about answering the questions put him, and it is pretty well known among those who are &est acquainted with the Senator that he is preparing a bombshell to drop into the Hale and Norcross camp. Meanwhile the stockholders are awaiting development: WLL MISS WekNSTR Students Regret the Resigna- tion of Their Tried Friend and Professor. He Was Forced to Give Up His Professorship for His Private Practice. In the assembly-room of the Hastines College of the Law the student body held 8 special meeting last night to pass resolu- tions of regret on the recent sudden action of the board of trustees making vacant the chair held by Justice E. W. McKinstry ax professor in that institution. Extreme sorrow was expressed by every student and expressed emphatically. The classes of '95, '9%6 and '97 were pres- unt, besides many of the older alumni. Burbank Summers acted as chairman. J. J. Barrett, vice-president of the mid- dle class, presented a set of resolutions earnestly expressing respect, esteem and admiration for their late instructor and re- calling his long and exalted services on the bench and at the bar, his profound knowl- edge of the law, his eminent career and wise decisions, the enthusiasm with which | the students attended his lectures, which were “‘models of fullness, clearness, sim- plicity and originality, giving universal | satisfaction and earning for him the strong regard and high esteem of every class and its every member.” It was moved that the assembled classes “do hereby give expression to our deep re- | gret at his retirement. We attest his sur- passing fitness for the position he has vacated and we think it cannot soon or | easily be filled. We bear witness to the universal satisfaction with which his energy, zeal and tireless efforts in the scrupulous discharge of the duties of his position have always met. Our best wish is that in the practice of the profession which he hasso elevated, honored and faithfully served the same success and ap- preciation may attend bim as crown his career as senior professor of Hastings ,Col- lege of Law.” The resolutions were greeted with vocif- erous applause and were unanimously Eassed. In_ addition to these Burban{: Summers, J.J. Barrett, Stanley Jackson, Percy Denman and Miss Mabel Craft were chosen as a committee to select a com- petent artist to paint a lifesize portrait of the Judge to be hung in the college; also to choose for presentation some fitting tes- | timonial of the warm regard they cherish for him and their appreciation for his past services in their behalf. There is a certain air of mystery at- tached to the history of the matter. It will be remembered that some months ago at a meeting of the board of trusteesa wish was expressed that the Judge devote all his time to the college. This would necessitate on the Judge’s part the relin- unishment of his independent practice. e vuuchsafed it no attention, considering it entirely without reason. A week ago the trustees passed another resolution to the same effect, asking him if his affairs would permit him to give all his attention to the college work. He allowed this also to go by unnoticed. The final act on the part of the board of trustees was to declare the vacancy of his chair. The moment the act became known to the students a movement of direct cpposi- tion to the faculty was set in motion, but | was checked at its inception by the Judge himself. He stated at the time to a leader of the movement that he did not desire the .board’s action to be interfered with. He |'would refuse to accept the position even if again tendered. “1 have never allowed my practice to in- terfere with my duties here.” said he. “The board did not request thatany ex- cess of practice which might interfere with the college work be given up. I would have replied to it on that proposition, but it desired me to giveup all my practice, which request I consider as absurd.” The meeting of the students for such a Eurpuse has never before occurred in the istory of the college. Every student is enthusiastic in his praise of Jadze Mc- Kinstry. His lectures on equity, juris- prudence and constitutional law, they aver, cannot be surpassed. APOPLEXY OR POISON. David S. McLellan, an Old Man Who Has a Divorce Suit Pending, Taken to the Hospital. David S. McLellan, 618 Eddy street, was taken to the Receiving Hospital in the ambulance last night in an unconscious condition. It was thought that he was suffering from poison and Dr. Fitzgibbons administered an antidote with telling effect, and McLellan was soon brought back to consciousness. There is a divorce suit in Judge Troutt’s court, at the instance of his wife, Annie C. McLellan. On Saturday she wasallowed alimony and counsel fees, and that after- noon two of the roomers in the house visited police headquarters and wanted McLellan arrested, as he was breaking the furniture, and they were airaid he would kill somebody. They were advised to swear out a2 warrant, but all the courts were closed, and finally an officer was sent to the house with them. Everything was quiet when they got there and the officer eclined to interfere. McLellan is 71 years of age and admitted to Ur. Fitzgibbons that he had suffered from apopletic attacks. The doctor was of opinion that that was what he was suffer- ing from and not poison. He was kept in the hospital for fear of another attack. e .. OALIFORNIA WINE MEN. Annual Meeting of the Local Associa- tion—Officers Eleoted. The annual meeting of" the California Wine Association was held yesterday at Second and Folsom streets, when the fol- lowing officers were- elected: C. Carpy, president; Percy T. Morgan, wvice-president and general manager; Albert Lachman, second vice-president; Henry Van Bergen, treasurer and secretary: A. L. Tubbs, Henry Kohler and J. Frowenfeld, di- rectors; Henry Lachman, ien_enl super- intendent; Ed Frowenfeld, chairman New York board; Carl Van Bergen, asistant treasurer in New York. . The president made a verbal report in which he stated that the California wine industry was in a very satisfactory con- dition, which was mainly due to the con- solidation of wine men’s interests and the wise measures taken to support the growers, with whom many large contracts had been carried out. Tf;e price of wine under the new regime had increased 64 cents a gallon. THE CATHOLIC UNION. Young Men Meet and Elect and Install Grand Officers for the Ensuing Year. The Young Men’s Catholic Union held its third session last night in the eighth Grand Council of the order at Loyola Hall, Tenth and Market streets. All amendments to the constitution hav- ing been settled at the previous meeting, the election of officers for the ensuing year was held. P. Molloy was elected grand president; A. H. Giannini, first vice-president; J. H. Bryan. grand second vice-president; Sam- uel Haskins, grand secretary; James English, grand treasurer; M. Rodgers, grand marshal; H. W. Salter, grand inside sentinel; J. V. Kane, grand outside senti- nel. The grand trustees elected were J. McInerney, John Coghlan, H. McLaugh- lin, D. A. Lawler and D. Cronin. Rev. Father Byrne of St. Mary’s Cathe- dral addressed the councit on matters per- taining to the good of the order, advising the members to be true to their principles and to work together for the success of the society. The grand officers were then installed and the council adjourned. —————— HUNTINGTON INDICTMENT. It Is Not Determined Whether He Will Be Prosecuted on His Return. C. P. Hutnington left Liverpool on the steamer Majestic Wednesday on his way to New York. The indictment still hangs over him in San Francisco for violating the law regarding passes, and the question | now fraught with interest is, Will the | great railway magnate be prosecuted under that indictment? United States District Attorney Foote and United States Marshal Baldwin were seen last night and said it had not been decided whether the prosecution would be THE PHYLLOXERA PEST, Instructor Hayne of the Uni- versity Gives Advice Re- garding It. HIS TOUR OF INSPECTION. Local Actlon Should Be Taken in Each District to Eradicate the Evil. One of the most important questions now before the vine-growers of California is how they may protect their vineyards against the spread of the phylloxera. Cer- tain portions of the Btate are and have been infested with this insect to such an extent that thousands of acres 1n the finest vine-growing districts have been laid bare. This condition of affairs is attributed in a greater or less degree to the fact that many vine-growers have been utterly ignorant of the existence of the death- dealing pest. In regard to this vital question with the yiticulturists A. P. Hayne, instructor in charge of viticulture and olive culture at the State University, is pronounced in his opinions. He has just returned from a lecturing trip and vineyard inspection in the Santa Cruz_Mountains and the upper part of Santa Clara County. He said yes- terday : 1 am pleased with the encr?etic way in which the vine-growers dealt with the phylloxera problem. Of course the seopl_e in Napa and Sonoma counties have had this pest so long and have seen so much of it that for them it is an old story, but there are many other import- ant vine-growing sections of the State where the pest is not so well known. What I want to do now is to call the attention of the County Boards of Supervisors to the fact that they must stir up the County Horticultural Com- missioners, who are now emkowered to deal e with pests of the vines since the repeal of the A. P. HAYNE, INSTRUCTOR IN CHARGE OF VITICULTURE AND OLIVE CULTURE OF THE UNITED STATES STATION LOCATED AT THE UNIVERSITY OF CALIFORNIA. pressed. Attorney Foote was unable to give a definite opinion on the subject. Mr. Huntington wiil come to San Fran- cisco, and his arrival will be awaited with interest in the Southern Pacific offices, as it is expected he will appoint a successor to A. N. Towne, the late general manager of the Pacific system. WA GRASSY THEATER Progress of Plans for Giving “As You Like It” at Sutro Heights. Soclety and Theatrical Stars Pre- paring for the Big Open-Alr Production. Arrangements for the production of Shakespeare’s pastoral comedy, “As You Like It,”’ in an open-air entertainment at Sutro Heights, are progressing favorably, and present indications augur a most suc- cessful performance. Society has taken hold of the affair in earnest, and several ladies prominent in the smart set will be seen in the cast, which will also include a number of stars of the theatrical world. Rose Coghlan, Henry E. Dixey, Maurice Barrymore and several lesser lights will represent the pro- fessional talent. S. M. Shortridge has been invited to take part, and will play either Touc hstone or Jacques. Dixey will proba- bly play the part of the Clown, and {;arry- more may be billed to impersonate the meloncholy William. The cast has not been made up as yet, nor has a date for the performance been set. These matters were to have been ar- ranged last evening at a meeting of the projectors, which Mayor Sutro promised to attend. At the last moment, however, he was called away to the country by a telegram and was, therefore, unable to be present. The 1dea originated with Manager 8. H. Friedlander of the Columbia Theater. For along time he has contemplated such a performance, believing that the natural advantages of the site selected surpassed anything in America. With the arrival of Miss Coghlan and several others who have been conspicuous figures in similar enter- tainments in the East he saw an oppor- tune moment for carrying out his design. The ladies of the Channing auxiliary en- tered into the project with spirit and their support alone gives assurance of success, though it is not intended to confine the work within the bounds of a single organ- ization. The services of Miss Coghlan will be valuable, as she has taken part on several occasionsin this play, produced as an open- air performance for charity in New York. It was she who contributed so largely to the famous charity entertainments of Mrs. Paran Stevens during the seasons of 1891-92-93. Mr. Friedlander thinks the Heights is an ideal spot for the pro- ‘posed production. Natural scenery will jorm the stage setting, and the players will appear upon the lawn, surrounded by an amphitheater with a seating capacity of about 5000, Popular prices will be charged, and the proceeds of tlie performance will go toward extending the work of the Chan- ning auxiliary. S e - Suit Against Sheriff Whelan. A. Smith of 511 California street is suing Sheriff Whelan for $65,000 damages on account of refusal to accept Charles L. Taylor, W. H. Nolan and Willlam H. Butler as bonds- men on an attachment. Cagnedr T A Printer's Failure. J. R. Lafontaine, & printer, has made a vol- untary assignment, with labilities of $1286 15 and assets of about §800, | laws concerning the State Board of Viticultu- ral Commissioners, which went into effect July | 1 of this year. The State has tired of the expensive plan of having a special State Health Officer for vines alone, and at the end of the year his duties will fall on the County Horticultural Commis- sioners, with the aid and advice of the United | States Agricultural Experimental Stations at the State University. Though we have not as yet received one cent from the State for this work, we have visited various regions supposed to be perfectly free from the pest,and have found that it has existed for three or more years in some of the finest vineyards of the State. It is now too late to hoj rma- nently eradicate the trouble, which could have | been doue had it been taken in time by those | charged with this duty by the State, Now all | that can be done is to postpone the inevitaole destruction of the vines on non-resistant roots and save ten or more crogs to the vineyardist than they would have if they did not act. The first practical step to be taken. is that every owner of vines carefully examine ever; one he owns. Let him note ‘and mark eac! weak vine or spots where the vines do not seem to be doing as well as the rest of his vineyard. This makes the work of the experts easy. When each weak spot in the vineyard is located let him call on & competent person to determine if the weakness comes from phyllox- era or some other cause. If the County Com- missioner is not familiar with the disease, let | him call on the University expert, who will cheerfully visit the locality with or without the Commissioner and determine the nature of the trouble and its extent and prescribe the measures to be taken. Once the extent of the infection is known and the necessary steps ad- vised, let the neighbors_ get together and buy the necessary material for combating the pest and let "them act with energy. iy ©o- operation in this respect the expense is made 0 light as to be hardly felt, and the benefit is as great for one as for the other. One of the great lessons taught is that each one who has a vineyard should know the state of health of every one of his vines and that the closest watching'is necessary. In some cases I had to postpone visiting regions because the owners really had not observed their vines closely enough to know whether there was a weak spot in their vineyards. The work can be effectively done if each vineyardist will do his share. In conclusion Mr. Hayne said that the prospects - for viticulture, excepting the phylloxera problem, are very %rig t in- deed, and he thought the vine-growers could not take too much care to protect themselves on their investments. MECHANICS' FAIR EXHIBITORS. They Are Many and Are Representative of Local Industries. The preparation for the twenty-eighth Industrial Exposition of the Mechanics’ In- stitute are being rushed, that all may be in readiness for the opening next Tuesday. The management has daclared that this will be the greatest exposition ever held by the institute, and, judging from the force of carpentersand painters employed, the nature of the exhibits and the beauty of the art galleries, their declaration will be fulfilled. Few of the old displays will be seen this year. New and beautiful ones, portraying the growth of home industries, will be the feature. Those who have ar- ranged for exhibits are: The Ames Company, American Condensed Miik Company, S. Atkinson, Buchanan Bros., J. Bidwell, Brooks Sign Company, P. E. Barker, Mrs, Botle‘v(). Brown & Son, inmn . W. Bennett, Baker Manu- Tachiring Company, Wil acturing Company, William Bolles, B B et Calitornia ATt Glass Goiorle: ny, California California Drug and Spice Compan Glue Works, Columbian Wooren ills, Clot & Meese, Conrad & Pelle, Chocolate Emulsion Company, Truman 8. Clark, George Cummin, & Son, élevelllld FlnulComp.l:‘eClu(ornlg Ink Company, Benjamin Curtaz, M. B. Dodge, F. H. Dukesmith, M. H. de Young, Dr. Dei- merl, J. de Vere, Davis Bros., ly Re- rt, W. A. Disborough, Eagle Asphaltum Company, C. H. Evan, Estebrook, Fred- ericksbury Brewing Company, Fulda Bros., Fisher Packing Company, Greenbaum & Co., F. R. Grannis, James Graham, A. J. Grey, M. A. Graham, E. Garnler & Co., G. O. Hein, E. 8. Heigeit, John Horstmann, Dr. Halpruner, Haraszthy & Co., Hall Brothers, H. G. Hanada, F. A. Huntington, Herbert Hauser, Hicks, & Co., John Hermann, D. M. Heermans, Indi- ana fiicycle Company, Jones Bros. & bo.,l.. Huttner, Krogh Manufacturing Company, M. J.Keller, H. S. Kohn, A. 8. La%sen, Mrs. E. D. Lawrence, J. P. Lightbody, Leader Windmili Cnmpnil, Lash’s Bitters Company, K. A. Lund- strom, Mutual Electric Light Company, Moss Brothers, McGlew Ore Concentrator CompnnE. Merchants’ Association, C. F. Marwedel, C. E. Moore, J. A. McCormick, P. F. McNulty, T. E. Miles,’ Multi Motor Company, Marketstreet allway Company, Midas Gold Saving Machinery Company, John G. North, Victor Nelson, New England Soap Company, New- bauer & Levy, W. H. Ohmen, O’Brien Sons, M. O’Brien, Henry Osborne, W. J. Prest, Pacific States Type Foundry, Pacific Manufacturing Company, Pacific Whaling Company, Pacific Sayy Works, Pacifio Tooland Supply Company, L. Peterson, Conrad Pellet, L.C. Pressly, P ¢ifie Tank Company, Western Filier Company, C. C. Fennell, Perkins Pump and Engine Com- pany, Parafine Paint Company, B. H. Patrick & Co.,J. T. Quane, H. Royer, Read & Sahn, S. B. Rothenberg, Rathjen Bros., Scott & Bannan, San Francisco Gas Light Company, San Fran: cisco Automatic Register Company, A. B. San- ford, Shirley Bros., Shuster Bros., B. Shirley, H. B. Schundier, Springer & Benson, Sterger & Kerr, 8. D. Stone, Standard Saep Com- poay. Selby Smelting Works, Mrs. J; H. mith, ~Turkish Rug _ Company, Troy Laundry Company, G. H. Tietjen,’ Tren- son & Co, T. H. B. Varney, M. A.Van Vieck, A. Verhorghen, Van Dermark, Wain- wright & Easton, Western Iron Works, Wash- burn-Moen Company, J. Wolff, George' Wood- bury, George A. Wiliiams, G. G. Wickson, T. W. Whaley, A. V. Hemks, American Biscuit Company, Miss A. Weckman, Murray Meyers, Benicia “Agricultural Works, E. M. Elkins, F. Holland, M. F. Lucas, J. H. Globe, Chicago Truss Company, A. Grothwell, Watts & Trott, Celery, Beef and Iron Company, William Gall, Bates & Suydan, F. W. Johnston, Pacific Coast Borax Company, E. W. Hill, D. Ghirardelli & Co., Mme. Marshand, Gundiach & Co., H. H. Compound, F. W. Kreling & Son, H. von Schnen, George H. Pettis, Gray Bros., A. Sbar- boro, T. H. White, California Champagne Compeny, ‘Oakland Stove and Novelty Works, H. Colman, R. Bartsch, Miss Collins, California Fireworks Company, J. J. Coffey, J. C. Winans, C. Lyons, John Mulhorn, Mrs. J. Wheelock, J.W. Edy & Co,, E. H. Marwedel O’'Hara & Silvermore, Willitm Cronan, W. H Martin, Mound City Paint Company, Hartwell, Widell'& Willy, Willlam McAnslavw, William Enges, Mount Diablo Pottery Company, John Harriman, Miss Shanhan, J. G. Meisner, J. M. Litchfield & Co., Carl Anderson, C. B. Lidnon, American Tylxe Foundry Company, Tar. Bros. & Co., M. D. Mery, J. A: Swenariow, Thomas E. Kent, Louis Milier, Herman Muller, Albert Drachar, Thene Bros., Mutual Manufacturing Company, Ledyard & Kerr, L. A.Moses, Seibe, Glanville & Co, William Westover. THE NEW ELECTION BOARD Auditor Broderick Will Not Sign the July Salary De- mands. Speclal Meeting of the Commis- sloners Called to Conslider the Question. To-day Auditor Broderick will return, without his signature, the salary demands of James Denman, A. E. Castle, Patrick Wellin and Mr. Foster, comprising the new Board of Election Commissioners. He will also return unsigned the demands of Registrar Hinton as secretary of the board under the new law and Registrar of Voters under the old act. The Auditor last evening said that he would to-day send a communication to Mr. Hinton as secretary of the new board, set- ting forth reasons for declining to sign the warrants presented by him for July sal- aries of the commisgion. It was the Auditor's opinion that the Commissioners immediately after their ap- pointment and organization should have applied to the old Board of Election Com- missioners, consisting of the Mayor, Auditor, City and County Attorney, Sur- veyor and Tax Coliector, for the books, records and material of the commission. In response to this formal demand, re- fusal in due form could have been made and the case brought into court. The new Commissioners deemed it best to proceed, as it were, by strategy, instead of ap- proaching in & direct manner to demand the office. Now the test will come, as THE CaLn predicted when the Commissioners were appointed. Auditor Broderick further said last night: *“The communication which I shall send to Secretary Hinton will ex- press my doubt as to the constitutionality of the act, but the points will not be argued. My attorney, Garret McEnerney, is very firm in his opinion that the consti- tution does not contemplate that the Leg- islature shall have power to confer on poli- tical bodies such as a State Central Com- mittee the right to accept or reject ap- ointments made by officers authorized by aw to perform certain duties, “1 am inclined to regard this point as stronger than the other objection to the law. 1 shall dwell chiefly on the impor- tance of having the validity of the law tested, because so many great interests are involved. “The Election Commissioners disburse large appropriations of the public money— say $300,000 every two yesrs—and apart from that the legality of an election might be questioned if one should be held under the new commission. Itis proper, almost imperative, that questions of such far- reaching consequence should be adjusted before an election is called, and my refusal to audit the salary demands will open the way for mandamus proceedings wherein the constitutionality of the act may be determined.” Registrar Hinton said that he had been informed that the Auditor would send an official communication to the Commis- sioners to-day. Yesterday Mr. Hinton and Mr. Denman, president of the board, con- ferred, and the result of the conference was a csll for the Commissioners to con- vene in special session at 11 A. . Satur- day. ’Fhe question of employing counsel to defend the new act will provably arise. Mr. Creswell, the City and County Attor- ney, is .an Election Conmimissioner under the old act, and as he has declared it to be his opinion that the new law is unconsti- tutional other counsel may be desired. At one time the information wasim- rted quite freely that the Union League lub would not ol)li give the new Com- missioners a dinner but would engage ex- Senator Carpenter to fight their legal bat- tles free of charge to the E:blic' but since the Foster incident in the Republican State Central Committee the club has been as quiet as a church mouse. The commis- sion has had neither the free dinner nor the gratuitous advice. FOUGHT WITH THE TELLER. A Lively Row in the Office of the An- glo-California Bank. For a short time yesterday afternoon it looked as if the Anglo-California Bank needed a prize-ring among its office fix- tures, for there was every prospect of a fight between Charles L. Wines, the receiv- ing teller, and Joseph Ghirardelli, his brother-in-law. ‘Wines was_at his desk about 1 o’clock, when Ghirardelli came in and spoke to him. What Ghirardell said and what Wines answered were not heard by thosein the bank, but a moment after both men were deep in a quarrel of words. This is what finally did happen,-for before ome of the bystanders would lend a hand the twomen closed and were rolling upon the floor. They were separated after some diffi- culty, by Policeman Walsh, and both were taken to the California-street station. As neither would swear to a complaint against the other they were released. ————————— Red Rock Bicycle Club. At a meeting last evening of the Red Rock Bicycle Club the following officers were elected : Charles Martin, president; Patrick Stevens, vice-president; Tommy Nolan, secretary; Wil- liam Harrison, treasurer; Rome Harns, ca tain; Henry Hart, first lieutenant; M. Lynch, second lieutenant. A club run has been called for next Sunday. ‘The run will be from Fruitvale to San Jose, and & large number of the members u&efl toenjoy that ‘popnllx ride down the east side of the bay. A five-mile road race will take %aee nhon{y between Charles Martin and Billy Driscoll, two of the most expert peedy ridersin the club. ——— Pianos costing from $10,000 to $15,000 are common in the homes of some people, and are not regarded as luxuries. - ON BOARD THE ZARAGOZA The Mexican War Vessel the Scene of a Public Re- ception. MIDDIES FROM CHAPULTEPEC. Sall and Yard Drill by the Crew of the Ship—List of Officers. Yesterday afternoon a public reception was held on board of the Mexican war ves- sel Zaragoza, lying off the oil works, and a large party of visitors enjoyed the graceful and hearty hospitality of Captain Azueta and his brother officers. At 3 o’clock Con- sul A. K. Coney and Mrs. Coney arrived, accompanied - by the following guests: Senor Rufino Valez, Mexican Consul at Tucson, Ariz.; F. Garrissere, Miss Flor- ence Garrissere, Alex J. Durell, Frank B. Romo; Mrs. L. Gosch, president of the Mexican Ladies’ Benevolent Society; Mrs. M. G. de Romo, secretary of the society; Mrs. Fernandez, Miss Ainz, Miss Andrade, Mrs. Schell, Miss diwou Luga, Miss M. Cuenca, Miss Giralalli, Mrs. Parra, Mrs. Gray. Mr. Locuza and Mr. Canalizo. The guests were conducted to the hand- some quarters of the commander, where refreshments were served, and then to the wardroom, where the officers vied with Oaptain Manuel Azueta, Commanding the Mexican War Vessel Zaragoza. From a photograph.j each other in the entertainment of the visitors. To exhibit the seamanship of his crew Captain' Azueta put them tgrough the naval evolutions of sail drill and send- ing down the lighter yards. At the order the little Mexican tars ran aloft and in a short space of time the canvas dropped simultaneously from the yards. The sails were quickly furied and presently the top- gallant and royal yards and topgallant masts all came down together on deck with a precision not always found even on crack American and English men-of-war. Promi- nent among the nimble sailors was the little five-year-old son of the commander. Some day the young reefer will be complet- ing his naval training at the war college at historical Chapultepec. The Zaragoza is a French built steel cor- vette with an armament of six 14-centi- meter, or about 5-inch guns, two Norden- feldt quick-fire and two Hotchkiss guns. Her officers are: first lievtenant, C. Gon- zales; second lieutenant, A. G. Baez; lieutenants, A. Zenteno and O. Blanco; engineers, Coward and Vasquez; doctor, Rodriquez, and paymaster, Rocherall. She carries the following ten midshipmen who haye completed their six years’ student life at Chapultepec: N. Varela, G. A. Platas, George A. Palmer, F. Canales, L. R. Linarez, J. Tamborrell, L. E. Fourzan, A. Ortega, S. Torres, J. Ornelas. The young men are engaged in the advanced studies of their profession and their quarters do duty as'a schoolroom when the Mexican middies are not standing watch on deck. Captain Manuek Azueta was born in Mexico 33 years ago, and was educated at the naval school in Spain, and has been in the service of the republic 18 years. He is a highly polished gentleman, a thorough sailor and an earnest patriot of the Mexican Republic. 2 'he Zaragoza has completed her repairs and will sail for Guaymas to-morrow. July Street-Sweeping Demand. Audrtor Broderick has consented to sign the street-sweeping demands for July to the amount of one-twelith of the appropriation for the year ended June 30. At this time he can- not promise to do more, because the levy for the fiscal year ending next June has not been determined. It is possible that the Mayor may veto the pending order,and if another one cannot be passed in due time the levy fixed for the previous year will continue. That bap- ned once when Mayor Ellert was in office. The board and the Mayor failed to agree and the levy of the preceding year prevailed, with the usual one-twelfth apportionment there- under. . Exempt Firemen. The fund of $9000 for the benefit of exempt firemen will be created as the Legislature con- templated. The Auditor sees his way clear to recognize the fund and the warrants properly drawn thereon. ALL TYPEWRITERS including the SMFTH RENTED LEO E. ALEXANDER & BRO., 218 Sansome Street. LIVERMORE REJOIGE. One of Its Leading Citizens Cured of Eczema, MRS, ARTHUR ST. CLAIR'S TESTIMORY. In every newspaper yon may read the testimony of some person who has been cured of some dis- ease, and it 18 getting to be 5o now that nearly all g0od things are well advertised and the best physi- clans are becoming advertising physiolans. A plain, simple statement is now being made of alady in Livermore, and anybody can write to this lady and ask her whether she stated that she was cured of eczema or not. Those people who have been troubled with ecze- ma, who have been covered with sores from head to foot, who have scratched themselves into hys- teria, who have lost their appetite for food and their desire for drink and their desire for sleep, and who are unable to work, realize what a horrible thing eczema is. Sometimes it turns into blood- poisoning. Now, Mrs. Arthur St. Clair was in this condition several months ago, and if yon will read her letter you will see that now she is a cured woman. LIVERMORE, Cal., January 14, 1895, HUDSON MEDICAL INSTITUTE—Gentiemen: “T CADDOU express to you in writing how happy I am t0 inform you that you have cured me of my terri- ble affliction known as Eczema, which I have been afilicted with for the past six-years. I have doc- tered with three different physicians, but of no benefit to me. They told me that I could not be cured entirely of the Eczema; that it would return agaln. I saw the Hudson Medical Institute adver- tisement in_the Examiner. They said that they could cure Eczema, so L gave them a trial, with the happy result. “Now, I want {0 say how bad I was affiicted. It was all over me, from my head to my feet, in my eors and eyes, and the inside of my hands and the Dbottoms of my feet. The old skin has come oft in flakes as large as a hali-dollar since I was cured. “Any one affiicted with this terrible, annoying affliction will do well 1o see or correspond with the pbysicluns of the Institute. as I have done. 1 have never scen any of the physicians, I just corre- sponded with them, and now I am happy to say that I am well. “If any one doubts this they can come and see me. I will always remain a well-wisher of this In- stitute. (Signed) MRS. ARTHUR ST. CLAIR. “Livermore, Alameda County, Cal.” Persons suffering from Eczema will do well to write a letter to the physicians of the Hudson Meds ical Institute, if they are unable to call. The physicians of the Hudson Medical Institute treat catarrh of the head, stomach and bladder; all bronchial diseases; all functional nervous diseases; . Vitus’ dance, hysteria, shaking palsy, epllepsy ; venereal diseases; all kinds of blood troubles; ulcers. waste of vital forces, rheumatism, gout, eczems; el skin diseases, from whatever cause arising; psoriasis; all blood-poisoning: varicocele; poison oak; lost or impaired manhood; spinal troubles; nervous exhaustion and prostra- tion; incipient paresis; all kidney diseases; lums bago; sciatica; all bladder troubles; dyspepsia; indigestion; constipation; all visceral disorders, which are treated by the depurating department, Special instruments for bladder troubles. These are a few of the special diseases in which exceptionally remarkable cures have been made Dy the specialists, and it may frankly be stated that a helping hand is extended to every patient. Circulars and Testimonials of the Great Hudyan sent free. HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts. L@ Send for Professor J. H. Hudson's celebrated lecture on the *‘Errors of Youth and on Lost Manhood.” It will cost yow nothing. Visit the Institute when you can. All patients seen in private consulting-rooms. Out-of-town patients can learn all about thelr cases if they send for symptom blanks. All letters are strictly confi- dential. Two thousand testimonials in the writing of the individuals cured. L@ Office hours, 9 A. M. to 8 P. M. Sundays, 9 to 12. BE STRONG. VERY MAN WHO LACKS THE strength of perfect manhood can re- ain it from Dr. Sanden’s Electric Belt. | ‘en thousasd men in this State are vigor- | ous in manhood through the wonderful powers of this great appifance. It Infuses the warming, healthy enmergy Into weak nerves and or- gans and cures Dr. Sanden's Flectric Belt > trlcourrent roduce gtant runlxe:u It siops losses and weakness n three weeks, restoring healthy and pe ot gnlpod: 3 i b on’t you want to feel like yourself ne It you do, lay nside drigs and d for the little book, *“Thres By mall, sealed, free, with reds imonials from cures by Dr. Sanden’s Electric Belt. Address SANDEN ELECTRIC COMPANY, Council Building, Portland, Or] E s YOUR HOME isas a home as you could wish if all were well ‘with you. But the wife—your treasure—' is weary and sick.. and get her a case of Dr. Henley’s Celery, Beef, & Iron. E{w needs it. T N TEE GREAT MOISTURE ABSORBENT “HUMIDINE” Keeps Refrigeratorsdry and sweet, preserves meats, butter, milk, ete., economizes ice, removes ‘‘ refriger= ator taste” and odor. gold bAy‘ grocers and druggists. PENN. SALT MFG. CO. Also, Mfrs. Lewis' 98% Powdered Lye, Philadelphia. COMPETITIVE EXAMINATION Of Graduates of San Francisco Nor= mal School. Y ORDER OF TH. ITY BOARD OF EX- amination & competitive examination of the raduates of the San Francisco Normal School of ay, 1895, in conformity with Section 168 of the rules of the Board of Kducation, will be held at the San Francisco Normal School building, on Powell st., near Clay st., commencing on Saturday morning, August 10, at 9 o'clock. GEO. W. WADE, Secretary City Board of Examination. No Percentage Pharmacy, 955 Market St TAMAR INDIEN Weak Men andWomen SBOULD USE DAMIANA BITTERS, THE M Remedy; gives Health and e: Sflem o the Sexual Organs NOTARY PUBLIC. 'HARLES H. PHILLIPS, ATTORNEY-AT law and go‘;:l,q Pubilie, m‘mfi E7 o e ey A laxative refreshing fop fruit lozenge, v!ry‘l‘ree-hle o take. CONSTIPATION hemorrhoids, bile, loss of appetite, gastric and intestinal troubles and headache arising