The San Francisco Call. Newspaper, August 25, 1895, Page 5

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'THE SAN FRANCISCO CALL, SUNDAY, AUGUST 25, 1895. 5 NEWS OF THE COAST. Marshall Murder Case Is Brought to a Close at Suisun. IN THE HANDS OF A JURY The Fate of the Slayer of Agee Has Not Yet Been De- cided. CLOSING SCENES IN COURT. Insanity the Basls of the Defend- ant’s Plea—The Widow’s Story of the Klilling. 24.—The trial of SUISUN, Car 1 John C. M d with the mur- der of his b Charles F. Agee, mear Dixon ,came to an end to-day, and the accused is in the hands with no probability | ed to-night. d ten days. The ss e prosecution was jow of the murdered man. y of Mrs. Agee was givenina i, positive manner. She e even g of the fatal shot. She 11, and when she dashed ard three more shots v as regards the number of corroborated by three who were outside the the shooting. nt witness for the prosecu- i rles Searight, who was con- victed on August § and sentenced to Fol- ate Prison for horse-steaiing. He ed with the defendant the same cell ed in the County Jail here, and nurse for Marshall during the lat- llness. After receiving his sentence t made a statement to District At- ey Devlin reciting what Marshall had m of the shooting. Searicht’s testi- as a corroboration of the state- rs. Agee, and was given the torney voluntarily. id the killing of Agee was ail an He said he went to the latter's Jouse with the of trying to in- duce his (Marshall’s) wife, who had left him, to go away with him, and fail in s he intended to commit suicide. His e to induce his wife resulted his hoot b f, and while his was struggl with him prevent him from accomplishing i' _the latter wi accidentally He said he rembered having fired his revolver showed four He admitted having y d Mrs. Agee, who, he said, had caused his wife to leave hin Marshall” Reese Clark and addis, in their arguments to the urged the insanity of the prisoner, 1 they si was caused by the contin- ooding over the interference of the ceased. Bishop, one of the wit- se, gave testimony that n of Mrs. Agreeagainst the cument to_the jury Attor- lark dealt unmercifully , who sat unmoved as she listened to made upon her. All the testi- character tending to show a premeditated crim E strict Attorney Lamont and Hon. Dennis Spencer, for the prosecution, argued eloquently for & conviction, and the case was submitted. At midnight there emed no po ility of a verdict being turned to-night. STOCK WENT UP N SHOKE Flames Caused Great Damage in a Cincinnati Whole- sale District. The Foreman of a Flre Company Fell Two Storles, but Was Not Injured. CINCI T!. Onro, Aug. 24.—Fire was discovered on the fifth floor of James Creasey’s commission and storage ware- house, 17 East Second street, at 9:25 o’clock to-r t. The Creasey Company occupied all of the building and three top floors of the adjoining buildings not occupied by the Hazard Powder Company. Before the engines arrived the fire had reached the upper partof the Hazard Com- pany’s storeroom, which was filled with hemp and jute, and the entire upper floors of both buildings were a mass of flames. At 10 o’clock the james Heekins Com- pany, coffee and spice merchants, building caught fire and the top floors were entirely gutted. Hali an hour later one of the floors in Creasey’s warehouse fell in and Foreman McDale of No.6 Company fell from the second floor to the ground, but was not seriously hurt. Creasey places his loss at $30,000. There were several explosions in Hazard's vlace, but no loss of life. At 12:30 the fire was still burning, and the Josses at this time are estimated as fol- lows: & Co. §30,000, the Heekins Company $75,- 000, Jilke broom factory $15,000. The total loss will reach at least §150,000. e g S Governor McKinley’s Address. CHAUTAUQUA, N.Y., Aug. 24.—Nearly 10,000 people crowded the amphitheater this afternoon to hear Governor McKinley make an address under the auspices of the Grand Army of the Republic. The Gover- nor refrained from talking politics, but confined himself to the subject of patriot- ism and eulogized the soldiers, both dead and living. He said that sectionalism should have no place among us, for pas- sion and prejudice have long since given way to sober judgment and fraternal affec- tion. The war is over, its resentments be- long to the past and its giories are the herituge of all. Governor McKinley was followed by ex-Senator Warner Miller,who talked upon the pension guestion. Destruction of a Warehouse. LONDON, Exe., Aug. 24.—Bennett and Company’s warehouse, cailed Halbury’s ‘Wharf, fronting the Thames adjacent to Blackiriars Bridge, was burned this even- ing. Hundreds of thousands of TSOnSs, mainly those enjoying a Saturday g:lidny, packed Blackiriars Bridge and the Victoria embankment. Hundreds of spectators came 10 the scene in cabs or on bicycles, The damage is estimated at £100,000, SEim s Sentenced for Mutiny. LIVERPOOL, Exc., Aug. 24.—A seaman named Peterson, belonging t6 the crew of the ship Glenalvon, from Portland, Or., March 26, via Falmouth, was sentenced to leading up to and | defendant, Marshall, in his own be- | Hazard Company $20.000, Creasey | one month’s imprisonment at Birkenhead to-day for refusing to obey orders during the ship’s voyage. Three other seamen were fined for the same offense. FOR BARON ROTHSCHILD. An Infernal Machine Deftly Concealed in an Envelope. PARIS, FRANCE, Aug. 24.—A heavy let- ter addressed to Baron Alphonse Roths- child was delivered at the Baron’s office this afternoon during his absence at Trou- ville. The Baron’s confidential clerk, H. Jadkowsky, opened the bulky parcel with a knife, whereupon it exploded. The | clerk’s eyes were almost torn out of his head and one of his hands was so badly shattered that three of his fingers had to be amputated. H. Laurent, Secretary of the Prefecture, is of the opinion that the infernal machine was similar to those sent to Deputies Treille, Etienne and Constans 1n 1891, and that it probably contained ful- minate of mercury. It is thought that the | package was sent by an anarchist. e Killed by a Boiler Explosion. PALERMO, Stc1Ly, Aug. 24.—The boiler | in a mill here exploded this evening, kill- ing three persons and wounding many others. Five persons are missing and are thought to have been killed. The mill was overthrown and pieces of wreckage { were hurled a great distance. SR A R A New Wheel Record. LONDON, Exc., Aug. 24.—At the Cat- ford grounds to-day J. W. Stocks, the bicyclist, rode 122 miles 560 yardsin five | hours, establishing a new record. PUBSUINGTRAN-ROBBERS | Excitement High Over the Union Pacific Hold-Up at Brady. Two of the Bandits Seen and Offi- cers Are Closely Following Thelr Trall. BROKEN BOW, Nesk., Aug. 24.—Ex- citement is running high here over the ! Brady Island Union Pacific train robbery. Two men answering the description of the robbers passed through Callaway early | this morning, and w en about 60’clock by the night miller crossing the Loup near | the Callaway mill. One was a large man | with dark complexion and dark mustache, | and the other was a smaller man with | 1ight complexion and smooth face. They | bot t a lunch at Callaway, which they | carried in a paper box when seen by the | miller. | Deputy Sheriff R. C. Meeker, who was | with the crowd that captured George | Ostrander yesterday morning, arrived here | from Callaw He found where they had | eaten their lunck in the hills near Penn’s !old ranch on Spring Creek, cleven miles < | northeast of Callaway, where they left the | paper box. He says the shoeprints corre- | spond exactly with those near where they | captured three horses. He lost the trail of them in Spring Creek Valley. They were seen this afternoon about fifteen miles | southwest of Broken Bow coming toward the city by ex-Judge Reese and C. U. { Richards. They recognized them from | their description and tried at several farm- | houses to borrow firearms with a view of attempting to capture them. Failing, they came on o Broken Bow. | Sheriff Holliday with a posse and ex- | Sheriff Penn at once started in pursuit. Since dark Holliday and his crew have come in without getting any other clew. A telegram has just been received here from the United States Deputy Marshal | stating that the robbers are between Calla- way and Broken Bow. Itis thought they will come in here to-night with a view of making their way West on a night train. S CAPTURED. TWO SUSPE Officers Think They Have the Train Robbers in Custody. MASON CITY, Nesr., Aug. 24—Two men claiming to be brothers, giving their names as Knudson, were captured a few miles east of this town this morning. These men were arrested under suspicion { of being implicated in the robbery of the TUnion Pacific train near Gothensburg on Wednesday morning. They had been chased across the country from Gallaway, and were seen here early this morning. The officers were apprised of their identity and immediately began pursuit. They were overhauled about five miles east of | town, having stopped for a little rest. | The officers covered them with guns and ordered them to throw up their hands, which they did, and upon being searched three large revolvers, a large knife and some badly torn paper money were found on their persons. Shortly after they were brought to town, Deputy Sheriff Hunter and a posse who had been in pursuit ar- rived and declared them to be the men wanted. They were safely guarded and taken to Broken Bow,and later advices confirm the belief that they are the men who committed the robbery. They will be taken to Kearney. SHOOTING ON THE WING. An Old Man’s Prank in Memory of Boyhood’s Days. Magistrate Harrison is laughing heartily | over a case that was adjusted before him | the other day. A wagon loaded with min- | eral water jugs backed up to the curbstone in front of a bottling establishment last week and the driver proceeded to unload his wagon by tossing the jugs, ome ata time, to a colored youth who stood on the opposite side of the curbstone ready to catch all that came his way. When things were moving nicely an old man who occupies a house next door stepped out of his own door, threw a brick as straight as a bullet and broke one of the jugs while it was in transit from the driver to the colored boy. He darted back into his own domicile before the driver could recover himself enongh to makea protest. A few minutes later another jug was smashed, and again the old man dis- | appeared with a merry laugh. This was kept up until about a dozen jugs had been i smashed, when the angry proprietor stopped the fun by causingtheold fellow’s arrest on the charge of malicious mischief. When Judge Harrison read the charge to him the old man laughed until the tears rolled down his cheeks, and then ad- mitted his guilt. In making an explana- tion he told the astonished magistrate that he was able and willing to pay for all the damage he had done, and said: “f saw those jugs flying, and 1 knew in my own heart that I would have thrown bricks at them when I was a boy sixty years ago. I just wanied to see how it would feel again, and I couldn’t belp myself.” The explanation was satisfactory, and after Isettling the old fellow went away still laughing heartily.—Philadelphia Record. —_———————— A St. Louls Mistake. There are to be more public squares in New York’s crowded distriet. salhile the misguided city authorities of Cleveland and 8t. Louis are filling up the public squares with public buildings, and Congressional economists are trying to rob Washington of some of the T{blic ]parging for building sites, New York is planning the purchase of valuable land for the purpose of estab- lishing new. hrgathin}g spots in the heart of the crowded city. Nothing is too costl: for New York if it represents improvement. —Washington Star. NATIVE SONS PREPARING, The Various Parlors Maturing the Final Arrangements for the Ninth. AN OFFICIAL BADGE ADOPTED. Hundreds of Young Men in Gay Uniforms Will March In the Grand Parade. The joint committee of Native Sons from San Francisco, Oakland and Alameda par- lors” having in cbarge the arrangements for the Adnuission day celebration at Sac- ramento hela an enthusiasfic and well- attended meeting lastevening at the Native Sons’ beadquartersin the Pioneer building, L. H. Byington of the transportation F. H. Conn, Treasurer. committee reported that the tickets are now in the handsof the committee and ready for distribution. The parade com- mittee reported that at least four bands and twelve drum corps will be in line and that circulars concerning the celebration will be issued on Wednesday next. The joint committee has adopted as the official badge for the celebration a design submitted by Pasquale & Sons—a neat combination of golden yellow, cherry red and apple-green satin ribbons artistically fashioned into a minature bow and fastened to a button to be worn in the coat lapel buttonhole, The Sacramento Native Sons and people generally of that city are wearing the colors—the golden yellow of the Native Sons and the cherry and green of the car- nival—and are decorating the streets, their John T. Skelton Jr., Past President Sunset Parlor. residences, shop-windows and public build- ings with them. Grand Marshal Frank W. Marston, past president of California Parlor . 1, has appointed Milton D. Garratt his chief of staff and G. H. Fairchild chief aid. He reports that on his touramong the business men whose establishments are along the proposed line of march he found them ail willing to illuminate with rea lire, etc., as the procession passes. There will proba- bly five divisions in the parade, each headed by a band or by a fife and drum corps. Aloatraz and Precita parlors will Qnrude with drum corps and California, Mission, Pacific, El Dorado and Rincon parlors will have bands. Mission Parlor wiil start from its hall on Seventeenth stree ) strong with Chief of Staff Milton D. Garratt and aids escort- ing Precita and Hesperian parlors, each with drum and fife corps. Mission Parlor Thomas Fox, Chairman of the Joint Committee. will have the Golden Gate band of fifteen pieces and its new banner and banner stand. The uniform is light cedar-colored Fedora hat, linen duster, Japanese parasol and a_patent annnouncer, which is guar- anteed to inform every one within half a mile that “Mission” is coming. A band of fifteen pieces will head the parlor. It will give areception at the Senate Cham- ber from 1 to 5 o’clock Monday aiternoon and a ball 1n the evening. Minerva and Las Lomas parlors, N. D. G. W, will be guests of Mission Parlor at Sacramento. El Dorado Parlor No. 52 will take over 100 members uniformed in K white duck ants, blue and white silk shirts, blue Ezltn, blue ties, white caps, Japanese snnsols and fans. The First Regiment rum and fife corps will furnish music for this parlor in the parades and a Sacra- mento orchestra will play during its after- noon reception and for the ball in the evening at Smith’s Hall. The “Foothill Owls" of the Parlor will carry their emblem on a standard decorated with the Native Son and carnival colors. Columbia Parlor No. 121 expect to taketo Sacramento forty members in a uniform the style of which is to be kept secret until the morning of the grand parade. The parlor will tender a reception and banquet to the board of grand officers. El Dorado Parlor’s new banner stand of blackened iron with brass bosses decorated with ornamental seroil work in blackened iron will be a fitting setting to the mag- nificent banner of maroon and blue plus! heavily sewn and ornamented with bullion. Orinda Parlor, N. D. G. W., will be the guests of El Dorado Parlor at Sacramento. Bay City Parlor will turn out 100_strong in uniforms of white duck caps, white flan- nel suits and Japanese parasols. A head- quarters will be established in Sacramento, and the parlor will entertain as usual. A distinctive feature will be a high and low jinks on the evening of the 8th prox. Alcalde Parlor will turn out about sev- enty five strong in white flannel shirts, white belts, straw hats, brown Windsor ties, dark pants and Japanese parasols. It will entertain at Red Men’s Hall. Presidio Parlor will parade with new banners and new flags. It has adopted as a uniform badge the new hanner in miniature. A drum corps will parade with this parlor. Precita Parlor’s new flags, which cost $150, will be unfurled to the breeze for the first time at_Sacramento. A drum corps will attend it in the parade. A magnifi- cent purple and gold badge has been adopted. ASTO QUESTIONS OF LA, Four Important Opinlons by Attorney-General Fitz- gerald. Rights of Supervisors to Transfer County Funds—Rewards for Officers. Atterney-General Fitzgerald has ren- dered four interesting decisions, The first was in reply to an inquiry from John E. Raker, the District Attorney of Modoc County, relative to the right of the Boarda of Supervisors to direct the County Treas- urer to transfer county money from one fund to another to suit their convenience and to meet the various claims against the county. Theopinion will be of interest to every Supervisor in the State and it isas follows: I am in receipt of your favor of recent date in which you state thaton the 29th day of June, 1895, the County Treasurer of your county, acting under the provisions of section 220 of the county government act of 1893, trans- ferred from the county general fund to_the salary fund of the county the sum of $3500; thatsubsequently, the salaries for the month of June, amounting to $1430 80, were paid out of the money so transferred, leaving a balance in the salary fund of $206920 over and above all salari » be paid in the fiscal year ending June 30, 1895: that certain claims against the aggregating about $2000 for the last r have been allowed by the Board of visors, and warrants therefor have been drawn Auditor, but that there is no mone. general fund to pay warrants for such ; that 1o more revenue for the last fiscal year, will be eolls d by the county, and that your Board of Supevisors has ordered the Treusurer to retransfer the surplus so remain- ing in the salary fund after the payment of the salaries of the Jast month of the last fiscal year to the general fund. In reply to your question as to whether or not your board Las the power to compel the Treasurer to retransfer this surplus, I am of the opinion that under the provisions of sec- tion 220 of the county government act of 1893, above referred to, the County Treasurer has no power to transier from the general fund to the salary fund any greater sum of money than “may be necessary to pay the salaries as they become due.” In other words, that if, when the salaries become due, there is not sufficient money in the salary fund lo pay them suffi- clent money may be transferred from the gen- eral fund to the'salary fund to pey them and no more. Therefore, the transference by the Treasurer from the general fund to the salary fund of more money than was necessary at the time to pay the salaries due was in effect no transfer &t all. Furthermore, under subdi- vision 20 of section 25 of the county govern- ment act (Statutes of 1893, 856), the }Junrd of Supervisors has power “to transier moneys from one fund to another as pubiic interest may require.” It follows that, as the transfer of this surplus money was in effect no transfer at all, it is still in the general fund and availa- ble for the payment of claims against the county for the last fiscal year; and that even if it were s valid transfer the Board of Supervi- sors has power under the section last cited to order its retransference. Another opinion was upon the necessity of those elected to positions of School Trustees immediately filing a statement under the ;mrity of elections act of 1893. Mnd Fitzgerald’s answer to the inquirer reads: In reply to your favor of recent date, and to your question “Must & candidate selected to the office of School Trustee on the first Friday, not in an incorporated city or town, file & statement under section 3 of an act to promote the purity of elections, etc. (Statutcs 1893, page 14?)” Tam of the opinion that under sec- tion 3 of the purity of elections law, which rovides that “Every candidate that is voted or at any public elettion held within the State” must comply with-the provisions of that section, and as section 1593 of the Political Code as amended in 1893 is a general law of this Siate and provides for a public eleetion of a School Trustee, and as section 1602 of the Political Code as amended in 1893 provides that “the officers of_the election must publicly canvess the votes immediately after closing the polls,” and as there is nothing in the law providing for the election of 8chool Trustees as amended in 1893, which exempts such trustees from the operation of section 3 of the purity of elections law, the candidate for School Trustee voted for at such eleccion must comply with the provisions of section 3 of said act and file the statement therein prescribed. To M. R. Higgins, the Insurance Com- missioner, the Attorney-General sent the annexed opinion: In reply to your favor of the 27th ult. con- cerning the bond given by a land title com- pany of Alameda County, State of California, and to your question as to whether or not such bond constitutes insurance of title, it is my opinion that the bond is unquestionably an attempt on the partof the land title company 1o do a title insurance business. The bond in terms insures the title certified to be correct and insures the owner against all damages, not to exceed $500, for any delect, errors or omis- sions in the statements of the title. The com- pany, it is true, contends that tHis is a limita- tion of their liability for damages caused by an error in their certificate; but, if so, it is an at- tempt to limit their liability under the guise of insuring the title, and should not be permitted unless the company (lllli' comgnen with the laws of this State concerning title insurance. The question as to the circumstances under which peace officers may claim re- wards for the arrest and conviction of criminals has caused many arguments. To such officers, particularly those in the interior of the State, Mr. Fitzgerald's opinion will be of great interest. It is in an answer to a letter from BState Con- troller E. P. Colgan, and the Attorney- General says: 1In reply to your favor of the 7th inst. in re- gard to the claim for $300 reward for the arrest and conviction of Charles Douty for highway Tobbery, presented by 8. A. J. Eckles and aj roved by the Board of Examiners on the 2d inst. (which claim was uubnfluently recalled by the board for further consideration), and to your question as to whether or not, in view of ihe fact that Mr. Eckles was a public_officer, viz.: City Marshal of the city 0? Redding, at the time he made the arrest, he is entitled to the reward, I am of the opinion that the arrest of highway robbers who are apprehended out- side of the city limits of the city of Redding is not lmong the duties prescribed by law for the City Marshal for the city of Redding, and that, therefore, Mr. Eckles, i making such arrest, stands upon the same footing as any other citizen, and is therefore entitled to the reward. The Original Populist. Jack Cade was the original populist. In the second part of King Henry VI, in tell- ing what he would do, he says: “There shall be in England seven ~ half-penn: loaves sold for a penny; the three-hoope pot shall have ten hoops; and [ will make it a felony to drink small beer; all the realm shall be in common; and when I am King there shall be no money; all shall eat and drink on my score.”—Indianapolis Journal, NEW TELEPHONE COMPANY Commercial Telephone Com- pany to Compete With Bell System in Oakland. WILL BE A PUBLIC BENEFIT. The Granting of the Franchise to Be Considered at the Next Meeting of the Council. The adage that competition is the spirit of enterprise and that it is an element in the prosperity of a community, reacting most favorably on projector and patron, should be well borne i the mind indi- vidually and collectively of the City Coun- cil of Oakiand at its next session. A franchise has been asked of that body by a corporation known as ‘“The Commer- cial Telephone Company of Alameda County,” to construct and operate a strict- ly first-class telephone system in Oakland. A short time ago a franchise was applied for and passed to print. When the proper time came for bidding, in accordance with the requirement of the Council, the com- pany sent a certified check on the Taylor Bank of Oakland for $5000 and bid $50 in cash and half of 1 per cent of the gross in- come for rentals and business in Oakland, to be paid semi-annually. This bid, considering the present status of affairs and the positive knowledge that the Bell Telephone Company pays abso- Iutely nothing for its franchise, was deemed liberal enough. The bid was referred to the Judiciary Committee to be acted upon at their dis- cretion. This committee met last Thurs- day night and agreed to report the bid back to the Council with no recommenda- tions. The company had not anticipated the slightest trouble in obtaining a fran- chise and the summary action of the com- mittee was a source of extreme surprise to the projectors, and now they being at the mercy of the Council earnestly hope that it may see the beneficial result of such an enterprise to the public. It 1s hinted that a material prejudice exists among members of the committee toward a project of this kind. Be that as_ it may, the benefits to the citizens of Oakland arising on the advent of a high-class competing telephone com- pany is thoroughly apparent. The Commercial Telephone Company of Alameda County was incorporated June 1, 1895, with a capital of $100,000. Its officers are: John W. Butler, president; J. D. John- son, vice-president; Albert L. Stetson, sec- retary; California Safe Deposit and Trust Company, treasurer; Ernest R. Smith, general manager; W. F. Shelby, superin- tendent; William H. H. Hart, attorney. The directors are: John W. Butler, sec- retary California Guarantee and Invest- ment Company; J. D. Johnson, with Red- ington & Co., wholesale druggists; Afbert L. Stetson of Holbrook, Merrfil & Stetson, wholesale hardware; E. R. Smith, capi- talist; S. P. Lunt, president and manager Interior Development Company. It is the purpose of the company to oper- ate a first-class telephone-system in and between all the towns and villages from Sacramento to San Jose. A flat rate of $250 a month is offered subscribers, and no extra charge will be made for switches. There is nothing in the patent to conflict with the Bell tele- phone, but it possesses all the merits of that system. The company is in communication with the Standard Telephone Company of New York, of which Thurlow Weed Barnes is the president. = The object of that com- pany is to fight the Bell Telephone. It as a capital of $15,000,000. The Commercial Telephone Company will introduce & device for the convenience of subscribers, hitherto unused on this coast, known as the Clark automatic switchboard. The person using the telephone by the means of & dial may, by turning a needle, switch himself to any name on the face of the dial. Underneath the dial is a wheel with a contact mt for every name thereon. After the dial is turned, this whesl follows the dial by means of simple retarding machinery. A projection on the wheel makes and 3"? s the circuit for each nameon the Hal. Between fifty and sixty names ean be written on the dial. A telephone with the dial addition may also be in_direct communication with the central office. Not only one name but any number may be connected simultaneously so that & camp-meeting or_a caucus might be held over the wires. With such arrange- ment, absoiute secrecy for thosé conversing is obtainable. The formidlbih’tf of the new corporation is manifesting itself already. The old company now in Oakland has cut down its rates, and over 300 subscribers with contracts for three lye:u's have been secured by the Commercial Company. All this has been accomplished without stretching a wire or putting a pole into the ground. The offer of the new telephone company for a franchise to erect their piant in Oak- land wilt probably come up ' before the Council on Monday evening. When con- sidered by the Ordinance and Judiciary committees of the City Council, the general opinion prevailed that: the offer of the company was too small for the franchise. “] canniot. express any opinion on any matter that may come up beiore me officially,” said Mayor Davie of Oakland vesterday, “‘but as to the value of com- petition in Oakland, it .is too apparent to need any repetition. Iknow something of it, and wherever competition has arisen the public have greatly benefited. Three years ago we had a railroad monopoly of the ferries, a water monopoly and a tele- phone mono‘)oly. I started a ferry and cut rates one-half. Thatis if you take a ride bitha creek route and ene by the train. That will make an average of 74 centsa Before then a single trip was15 ride. cents. “Then we ‘had a new water company commence operations on a large scale about a year ago. What is the resuit? People have enjoyed a reduction of 75 per cent in their water rates. “As to telephoning I noticed that as soon as the new company applied for a franchise the old company immediately lowered its rates materially. That is a good sign. The more capital we get here in competition the better. The .more plant that is erected by the companies the greater is the city’s income by taxes. I presume that when franchises become vaYunble they will be taxed. In matters of competition no compsn{ shall be required to run a race on unequal terms.” The fact that the Judiciary Committee returned the ordinance without recom- mendation is not e%mvalent to its rejec- tion by the Council. The Non-Partisan majority of the present Oakiand Council has shown no love for monopolies during their three years of office, and there is no reason to suppose they will do so in the case of the ule%zone ménopoly. Councilman Bassett is the most violent anti-monopolist of the Council, and his onlg hesitancy is due to his anxiety that nothing should be given away with no adequate return, It was recalled to-day that when the ex- tension of franchise along Twelfth street to the bay from Broadway was granted by the present Council itjfirst demanded that the company erect powerful electric lights on every two blocks. This was shown to be a hardship on one company when three others ran on parallel streets, and the fran] chise was eventually gnnhci on the origi- nal terms., The general Mi:r Ads that if Assessor Dalton places a value on the franchises that are gradually increasing in value the city treasury will gain by ad- ditional telephone competition. KICKED IN THE HEAD. Alexander Bannon, s Janitor, Fatally Wounded During a Saloon Quarrel. Alexander Bannon, one of the assist- ant janitors at the new City Hall, at- tended a dance in Irish-American Hall last night. At 1o'clock this morning, with several others, he entered a saloon near by. During a row that soon followed Bannon was knocked down. s Some one kicked him on the head, caus- ing a fracture at the base of the skull. At the Receiving Hospital it was said that he could not recover. No arrests have been made, but the police are searching for the guilty persons. /] ' < ' WoxpErrur TivMe- MeasvrING INSTRU- MENT.—Much interest has been aroused in the scientific circles of Europe by what is claimed to be the most wonderful timing instrument in the world, the pendulum- chronoscope, invented in this country by Professor C. B. Bliss, and perfected in the psychological laboratory of Yale by J. J. Hogan. It can be used with the quickness of a stop-watch, without the help of either electrician or mathematician. It measures accurately down to the one-thousandth part of a second and is already taking the place of the old-style chronoscopes in sci- entitic laboratories. The instrument is an ingenious combination of mechanical and electrical attachments. It tells the speed of a cannon ball, the lapse of time between the firing of a pistol and the start- ing of a runner, and it is proposed to in- troduce it into boxing schools, so that pupils gan constantly test the speed with which they can deliver a blow, and so note the lessening of the reaction time between the brain impulse and the blow on which increase of skill depends. The machine consists of a pendnlum and a pointer swing- ing independently on the same axle. The titp of the pointer travels along the face of a curved scale or indicator, which is gradunated to show the one-thousandth of a second. To measure the time required fof the transmission of any given impression a button is ‘pressed. This sets the pendnlum in motion and the result is registered on the scale. If asight test is to be made, when the pendulum comes in contact with the pointer a black shutter is raised from a light disk. As the disk flashes on the sight of the subject, he touches a button and the pointer is instantly stopped. The average time between the exposure of the disk to the sight and the pressure of the button has been found to be 0.300 of a sec- ond. The reflex action for sound is quicker than this, being put at 0.130 of & second. The discerning of colors is looked upon as an important test in the determi- nation of certain traits of the pupil. A square of some color unknown to the sub- ject is to be exhibited from behind a shut- ter. He is told, for instance, to press the button when he sees blue. This test sometimes extends to one-quarter of a sec- ond. The trials with odors, noises and pin pricks are very interesting. The object of these tests in school work is to enable teachers to ascertain the mental charac- teristics of their scholars. Under the old system of teaching all the scholars ina class were grouped together and subjected to the same inflexible rule of tuition, re- gardless of their differences of tempera- ment and intellectual ability. The'chrono- scope puts an end to such crude methods and reduces teaching to a science. Evregrric L1GHTS 1N PLACE OF SUNLIGHT 1N PraNT CULTIvATION.—Most praiseworthy work has been done by Professor Bailey in testing the effect of electricity and elec- tric lights upon plant growth, and his re- sults seem to suggest a new order of plant culture. He found that the burning of an uncovered arc light of 2000 candlepower caused plants to mature earlier than others in a greenhouse lighted only by the sun, and the nearer the plants were to the light the faster was their growth. This rapidity of growth was in some instances s0 great that the plants could not supply themselves fast enough with food, such, for instance, as water. The plants had to be removed to a distance before water could be supplied quickly enough to as- suage their abnormal thirst. Under the influence of the strong, continued light plants would assume sall sorts of novel and singular babits. Some wouid run to seed before the leaves were formed; others would be gaunt and straggling, while others, again, wonld have their stems twisted into fantastic shapes. The colors of tulips became deeper and richer in shade, but the colors lost their intensity after four or five days. Petunias grew much . taller and more slender, and blossomed earlier and more pro- fusely. Some plants would be found in the morning stretching out toward the electric light as if yearning for it atan angle of 45 degrees. During the day they would straighten up, but they would bend forward toward the light again at nignt. Lettuce benefited so much by the artificial light that three weeks after plantingit was twice the size of that planted at the same time which had received only sun- light. A greenhouse was so arranged that one-half the building might receive the light at night. The plants in the lighted apartment were far superior to those in the darkened one.. A bed of 100 violets was set in the lighted compartment, half the bed being covered each night with a black enameled-cloth box provided with ven- tilation. In three weeks the plants under the electric light began to bloom, while those whose only light came from the sun did not bear a bud for five weeks. The effect of the light is upon some plants almost magical. Panes of glass have been placed in front of them, so as to cover only half their leaves. After a slight growth the parts of the leaves receiving the un- covered light will show a clear boundar: line outside of which the leaves are mucg healthier. Professor Bailey believes that if grown under electric light for several generations plants will adapt themselves to hastened growth, just as they have be- come used to greenhouse life in winter. TrE VALUE OF TELEPHONE SERVICE.—The cheapness of the telephone service has been illustrated convincingly by the gen- eral manager of a Missouri exchange. During the day he made the operators keep a record of the complaining sub- scriber, and at night he knew exactly how many times the telephone had been used. He finds out that it is cheaper to use the telephone than postal cards for any kind of business. The way he figures out thisis to divide the cost of the telephone for a year by the number of days, which gives the cost to the subscriber per day. A tele- ephone that costs $72 a year costs about 20 cents a day. If the telephone has been used tweutz times in the day, each call has cost the subscriber just 1 cent, or the price of a postal card. The average telephone, however, makes between twelve and thirteen calls a day, and answers an equal number, which makes the cost to each subscriber whose instrument is used a little less than 1 cent for each conver- sation. Of course, the number of calls on a telephone varies. In some houses each interview costs 2 cents or more, while there are others that do not pay over two or three mills foreach interview. In many houses it is customary to send all orders to the butcher and grocer over the telephone, and in many otber directions the use of the instrument gives promise of wide ex- tension. Already calls by mutual under- standing are made over the telephone, which will soon play an important ‘part in many other social functions. WHEN IS A MAN BEATEN? HOW THE SPORTING FRATERNITY LOOKS UPON THE. MATTER. BE WHIPPED BUT DOY'T WILT. Some of the Rules Which Prevail in the ‘“Padded Ring” Might Profitably Be Applied to the Everyday Lives of Some People. A Man Who Would Not Down Un= der Most Adverse Circumstances. MAN WHO IS AT HEART A COWARD will rarely, if ever, risk his skin in the boxing arena, but because he does not choose to indulge in what is termed the “manly” pastime he is not necessarily acoward. Indeed,under some circum- stances it takes more real courage to keep out of & ring than it does to enter ft. But among ring- goers there is nothing which 15 8o much- detested as & big man who is afraid of another who does not seem to be much his physical superior. That “discretion is the better part of valor’ has no place in thelr creed. Nor are they fond of quoting as & motto the old stanza: “He who fights and runs away Shall live to fight another day, But he who is in battle slain Shall never, never fight again.” Asa rule, while they do not desire either of the contestants to be slain, & near approach to that sort of tragedy is by no means out of favor, and they hold as a sacred tenet thatso long asa man can stand up, or for that matter be held up, be is not beaten. And their cheers and encouragements have often given a man the courage to pull an ap- parently hopeless Battle out of the fire. And in the everyday life of some of us a trifie of that “nover- say-die” spirit would be worth a good deal. Few of us possess it in any marked degree, but there is in the capltal city of this State a man who is out of the ordinary in this matter. He is a prominent man, too, botn as a good citizenand a successtul rancher. Itis Mr. Frank Wise. For many years Mr. Wise had a most distressing case of nervous prostration, which was further complicated with catarrh of the bladder, and, as he had tried every- thing and everybody apparently in order to obtain some rellef, it seemed only natural that he should giveup. But Mr. Wise i3 built of better stuft than that. On and on he went in search of help and eventually he found it where so many hundreds have found it before and since—st the Grand old Hudson Medical Institute. Mr. Wise is well now, and this Is what he has to say about the way in which he was treated there. He writes: 1 desire to express my gratitude for the skillfal manner In which I have been treated by the Hud= son Medical Institute of San Francisco. For years I bave been afflicted with catarrh of the bladder and nervous prostration. Had been treated by & number of physicians without any benefit. Life indeed had become a burden to me and I had about despaired of ever getting relief. But a few monihs ago I put myself under the care of the physicians of the Hudson Medical Institute, Before being treated by these specialists T was & continual sufferer both by day and night. My sleep was disturbed every half hour or hour by the bladder trouble. I was despondent and hopeless, Now I sleep soundly all night without being dis- turbed, am cheerful and hopeful and feel that I have a new lease of life. In fact, I canthankfully say that under the skillful treatment of these doc- tors I have been restored to health in every re- spect, and I can conscientiously recommend the stai? of physicians of the Hudson Medical Institute o all suflerers, knowing that they will be honora- bly and skillfuily treated. FRANK WISE, (Signed) Sacramento City, Cal. Hundreds speak in & similar strain of what the specialists &t the institute are doing for suffering humanity. N.J.Brown of Tulare says: “I was extremely nervous and despondent: now I am strong and vigorous.” H. G. Mulky of Corvallis, Or., writes: “I am perfectly well and shall always speak well of the Hudson Medical Institute. Henry Matthews of Panaca, Nev., Wwrites: am now a perfectly cured man."” W. F. Timms of Petaluma writes: “The change is wonderful, and I am, exceedingly happy and cheerful.” “y It is the continual stream of expressions of grati- tude of this sort that flows into the Institute that confirms the oft-repeated statement that “if you can be cured, you can- be cured QUICKLY, QUI- ETLY, SAFELY, SURELY and SCIENTIFI- CALLY at the Hudson Medical Institute.” THE HUDSON MEDICAL INSTITUTE now occupies the large white structure at the junction of Slogklwn, Market and Ellis streets, San Fran cisco, Cal. o~ B FirR Circ\lars and testimonials of the Great Hudyal sent free. HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts. Send for Professor J. H. Hudsow's cele- brated lecture on “The sof Touth?? and on “Lost Manhood.” It cost you nothing. Visit the Institute when you can. All patients seen in private consulting-rooms. Out-of-town patients can learn all about their cases if they send for symptom blanks. All letters are strictly confident{al. Two thousand testimonials in the writing of the indiviauals cured. Office Hours—9 A. M. to 8 P. M. Sun~ days 9 to 12. URNITURE 4 ROOT1S $90. Parlor—Silk Brocatelle, 5-pléce sult, plush e 7-plece Solid Oak Sult, French Bevel- —7-plece u nch Ber ”"’pm@}m , bureau, washstand. two chairs. Tocker and tablé; pillows, woven-wire and top mattress. Dining-Room—6-foot Extension Table, four olid Onie Onatrs. Kitchen—No. 7 Range, Patent Kitchen Table ‘and two chalrs. EASY PAYMENTS. Houses furnished complete, city or country, any where on the coast. Open evenings. M. FRIEDMAN & CO., 224 to 230 and 306 Stockton and 237 Post Street. Free packing and delivery across the bay. OBDONTUNDER DENTAL PARLORS 815¥% Geary, bet. Larkin and Hyde. R L WALSH, D. D, 8, Prop'r, directly opp. Sar- atoga "Hall, Price list: Extraction (painless)35¢ Bone filling 650c: Amal- A3 On enterl e 06 3uré Y04 ses DB entering our parlors be sure you see ‘WALSH, personally. 4

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