The San Francisco Call. Newspaper, August 30, 1895, Page 14

14 THE SAN FRANCISCO CALL, FRIDAY, AUGUST 30, 1895 e ————— e ——————— ] RAILRCAD MEN BEFORE THE COMMISSIONERS The Southern Pacific’si Case Ably Set l Forth. | | CURTIS AND SMURR TALK | Facts and Figures of Mainten- ance and Operation Pre- sented. STRAITS OF THE COMPANY. Sald to Be Unable to Meet Its Oper=~ ating Expenses and Fixed Charges. 1t was the railroad’s inning yesterday before the Railroad Commission and its representatives made the utmost of the opportunity given them to show why they should not be ed to reduce the rates on grain nor on any other commodity. Attorney Martin, in his efforts to make an impression on the one obdurate Commis- sioner, who was inclined to stand by the | people, invoked the constitution of the | United States and but illy concealed a co- vert threat to make an appeal to tihe courts—even to the highest tribunal in the lana—if the Commissioners went further | than the company might deem it proper in the way of lessening the burdens of the farmers. He even went so far as to intimate that the resolution of Commis- sioner La Rue, providing for a horizontal reduction of 15 per cent on grain through- out the State, would be a virtual unlawful confiscation of the property of the Southern Pacific, but was taken to task for his as- persions by La Rue and forced to confess that there was no intention of confiscation apparent in the resolution. While Assistant General Manager Curtis was engaged in explaining the great dif- ference 1n the cost of building, maintaining and operating railroads in California and in the East he was frequently assisted in bringing ont a desirable point for the rail- road by the apparently unpremeditated in- terruptions of Attorney Martin. Commissioner La Rue was not slow, on the other hand, in asking questions, which in most cases proved rather awkward to answer, and at frequent intervals Mr. Cur- is felt himseli compelled to take shelter from a dangerous interrogatory behind a convenient reference for further informa- tion to Mr. Smurr. A very neat by-play was artfully enacted between Attorney Martin and Mr. Curtis, which at once appealed to the gallery and at the same time was designed to bring pressure on the commission to induce them to smother their propensity for rate cut- ting. By a clever arrangement of question and answer it was made to appear that if rates were reduced the railroad would be compelled 1n spite of itself to cut the wages of its employes in order to continue in operation. The idea was evidently to shift the responsibility for any cut in wages the railroad might in future make on the Railroad Commission. But the ab- surdity of such an assumption was quickly made manifest by the quick wit of Chair- man La Rue, who suggested that with equal propriety the railroad company might without cost or loss to itself pose as a great philanthropic institution by simply raising the wages of its men and then coming to the commission and having rates proportionately increased for the shippers. In the statements submitted by General Freight Agent Smurr showing compari- sons of rates between the Southern Pacific and other railroad companies, Chairman La Rue found and took frequent opportu- nity to call attention to what he consid- ered an unfair attempt to bring the South- ern Pacific out in a favorable light in the matter of the comparisons, by ignoring | topographical conditions and other salient points. It was a few minutes after 10 o’clock when Chairman La Rue rapped for order and announced the question under discus- sion. In addition to the members of the board, the Southern Pacific was further represented by Attorney J. C. Martin, General Freight Agent Charles F. Smurr, Assistant General Manager W. G. Curtis and Secretary Lansing. The session was opened by Attorney Martin, who spoke for his employer. He said that the company did not desire to argue the resolution under consideration. ‘What it did propose to do was to submit sworn statements relative to its affairs having & direct bearing upon the proposed reduction in rates. “In making a reduction in rates,” con- tinued Mr. Martin, “‘one of the first things to be considered is the cost of transporta- tion. This we desire to show. We want you %o see a true statement of the revenues of this company, and then, after hearing the evidence, to render your verdict ac- cordingly. As impartial judges, - de- termined to do your duty by all parties to the controversy, there is no other course open to you. ““We hope that you will not be swayed by outside influence. I believe that the members of this board will decide the case according to their honest convictions. | It is nonsense to say thatany member of this commission has been pledged to | decide the case a certain way. The power held by this commission is extensive, more extensive than that delegated to the Railroad Commission of any other State in the Union. Of the seventeen States hav- ing Railroad Commissions such as yours, | the California commission alone has arbi- trary power in the matter of freights and fares.” In many of the other States the Supreme Court of the United States has greatly abridged the power of Railroad Commissions. California has never had a case on appeal before this body, and the power of your commission remains the same as developed by the act creating it. ‘‘But there are limits even to the power of this commission. It cannot compel a transportation company to carry freight or jpassengers for less than a reasonable rate. he constitution of the United States will not permit you to make reductions that would practically confiscate the property of a railroad company.”” Commissioner Rue here interrupted Mr. Martin with the statement that his resolution contemplated only a reasonable | the Democratic platform { with you, Dr. Stanton; | Rue resolution, whe reduction, and would not resalt in the con- fiscation of property at all. Continuing, Mr. La Rue said that he made no pledges at the time of his nomination. He did not deem such a course expedient. His views, however, on the railroad question had been very fully set forth in a newspaper some time prior to his election. Commissioner Stanton .saw an oppor- tune moment to continue the discussion of pledges and attempted to defend his position in this regard. He declared that pledge upon which he was elected called for a reduction in rates provided such reduction could be shown as justand reasonable. This pledge, he said, he was prepared to keep, but he must be convinced of the justness of the | cut before voting for it. Rather than do anything wrong he would smilingly sub- mit to news}n\per oriticism for the remain- der of his life. This fervid profession of devotion on Dr. Stanton’s part made the railroad’sattorney grin. He nodded assent, saying, “'I agree agree with you perfectly, sir.” Martin here commenced to read the La he was interruted by the chairman, who wanted to know if he (Martin) could find anything in it_that sounded like the confiscation of railroad property. Martin replied that he could not, and, continuing, said there were other people in the country besides farmers who were suffering from hard times. He knew of a good many railrcads that were in a condi- tion of bankruptcy. If forced into the courts, in his opinion, the Southern Pa- cific could easily show that a reduction of rates at this time would mean a confisca- tion of property. He hoped that it would not get into the courts, but if it should he was confident that such a showing could be the only possible result. Assistant General Manager W. G. Cur- tis made his statements under oath. He had been engaged in railroad work for thirty years, passing through the various gradesiof servicein the engineering and construction departments and finally reaching the position of assistant general manager. The question of rates was & complicated one, a consideration of which involved many issues. He did not know the earnings of the whole system, having to do only with the Pacific system, which had a mileage of about 4500 miles. On this system there had been a steady reduction in rates and a constantly decreasing busi- ness, due to the hard times. During the past two years this general reduction had amounted to 29 per cent, against 3}4 per cent for Eastern lines. This was not, in his opinion, due to the fact that Southern Pacific rates had originaily been much higher than Eastern rates. [here had been a considerable reduction durinz the past few years in the cost of construction materials. Fuel was much cheaper than formerly. *Coal,”’ he added, “now costs us $4 82 per ton. We pay an- nually to California workmen $9,500,000. Our men receive much better pay than the employes of Eastern roads. We pay $2 60 per day fog the same kind of service that in JTowa commands $179 and in Illinois $190. About 60 per cent of our expend- itures is included in the payroll, 20 per cent goes for fuel and the other 20 per cent for general expenses.” Before Mr. Curtis had concluded his statement an adjournment was taken until 1:30 o’clock. ‘When the commission resumed its ses- sion in the afternoon Mr. Curtis continued his argument for the purpose of showing that any reduction at this time would re- sult in forcing the Southern Pacific Com- pany into a position where it would be virtually bankrupt. In order to further impress the inadvisability of any such step, more especially in reference to grain rates, he read from a prepared statement figures to show that the entire earnings of the road for moving grain in 1894 would not sufiice to meet the demands of one month’s payroll. “‘During all the stringent times we have lately encountered,”” he continued, *‘we have not reduced wages, though every- thing else used in the maintenance and construction of the road has been secured at lower prices.” La Rue—Are all the men at work in the shops of the compsny in the direct employ of the Southern Pacific Company, or are the shops under control of some other corporation | formed by the Southern Pacific? Curtis—They are directly employed by the Southern Pacific Company. Our labor is 60 per cent of the entire cost of operating the Tond, and our rates are not out of proportion to what is paid for labor. La Rue—l am given to understand that on the Great Northern the freight charges average no more than 1 cent a mile per ton. The Southern Pacific rates are nothing like this. Curtis—Their rates are not lower for the same distances. As compared with Eastern States, our roads are differently constructed. They run over heavy grades and through nu- ;neml\}‘;s tunnpels from 2400 to 7000 feet in ength. Li Rue—You have a $3 rate for wheat from Oregon, have you not? Curtis—I believe we have, but for informa- tion on this subject I must refer you to Mr. Smurr, who will, when I am through, present tables of comperative rates on our lines and th ose of other roads. Resuming the thread of his statement where it had been interrupted by Commis- sioner La Rue Mr. Curtis said: ‘““There are seventy-six tunnels on our roads, which cost $5,000,000 to construct.” ‘“‘But the heayy grades and the tunnels are not on the roads which carry most of the grain,” again interrupted Commis- sioner La Rue. *No; but weoperate the road as a whole, averaging matters up between them. With the valley lines alone we could not afford to transport grain at the present rate. On all the smaller lines in the State the rates are much higher than on the Southern Pacific.” Here Curtis hastened to get back to the main track, from which he had been switched by La Rue, by rtelating that the company was compelled to build thirty- three miles of snowsheds, which with the tunnels represented an outlay of $6,500,000, and that 250 miles of railway could be con- structed in Illinois for that sum. ““The expense of maintaining the road was much %refl!el than in the East,” he went on, still reading from his typewritten statement. “‘Storms here are concentrated into a shorter fleriod and cause greater damage. For the past four orfive years the average yearly cost of keeping the ronds in repair has been half a million dol- lars, while the snow service—keeping snowplows going, etc.—cost us $300,000. Then we have repairs on docks and wharves with which Eastern roads are not burdened. Those cost us between $80.- 000 and $90,000 each year. Again, most of our material must be brought from the East and before it reaches us an additional 50 per cent is added to its cost. Our equip- ment maintenance is also higher than in the East owing to the cost of labor, and all our coal must be imported. “‘We virtually maintain a double term- inal service, owing to being on the wrong side of the bay, and our suburoan traffic is smaller in proportion to that enjoyed by roads that enter large centers of popula- tion, such as London, New York, Chicago, Buda-Pesth and others, while our rates are lower than at any of these places.” Commissioner La Rue here remarked that during the Chicago Fair one of the roads operated a suburban service to the fair grounds, for a distance of eight miles for a fare of 5 cents, and was thought to have a very good thing of it. Mr. Curtis said he believed the rate was 10 cents, but La Rue insisted that he was right, and the matter was allowed to drop. “We spend half a million yearly for a ferry service that Eastern roads are not Highest of all in Leavening Power.—Latest U. S. Gov't Report 14 Roel Baking Powder ABSOLUTELY PURE cumbered with,” saia Mr. Curtis, taking | up once more his interrupted tale of the exceptional expenses the Southern Pacific was foolhardy enough to have burdened itself with. “‘Population cuts a great figure in the fixing of rates. Our population is very small compared to that of the East. Chicago, for instance, has as great a popu- lation as we have in the entire State of California.” “That is true,”” remarked the author of the 15 per cent resolution,” and it has more roads, probably forty or fifty, I forget ex- actly how many.” Mr. Curtis then quoted figures to show California was not badly off compared with other States in the proportion of her railroad mileage to population. La Rue—In Oregon rates are less than in Cal- ifornia. Curtis—In Oregon the population is con- centrated—it is in the western portion of the State. Tho volume of traffic is a great factor in making rates. . Much of our_expense is in the nature of fixed or semi-fixed charges, and the larger the business we can do the less in pro- portion will be the cost. Illinois roads carry iwice as many tons per mile as does the Southern Pacific, aud New York and Pennsyl- vania roads carry from four to five timesas much. In 1894, the Penusylvania roads carried eight times as much, and in 1893 nine times &s much. When the rates in Pennsyl- vania were the same as those now in force on the Pacific Coast, the volume of traffic was thrice as great. Now, in the case of grain, I do not think it is right to pick out the rate on one commodity and figure what it is worth to carry it on the basis of what is charged for other classes of freight. The rate on wheat is less than the general average of other local freight while it costs more to handle. It genernlly requires the retyrn of empty cars. Frequently a special train service is also required 30 move the crop quickly, and graincars stand idle for a large portion of the year. La Rue—Are not the cars that you use to transport grain cheaper than theé ordinary ‘boxcars, which are always used in the East? Curtis—Yes, but the grain-shippers are show- ing an unwillingness to have their wheat moved on opeu cars, and where it becomes necessary toadd to the rolling-stock required for the transportation of wheat we are now providing boxcars. In explanation of the fact that grain rates are lower on the Union Pacific and Oregon Railway and Navigation Company lines, Mr. Curtis states that while the Union Pacitic got its coal for §1 58 the Southern Pacific paid $4 82, which alone meant a difference in the%car’s operating expenses of $2,000,000. “The entire earn- ings for moving grain last year,”” he went on, ‘“were 51,000,500, so you will see that if we had our coal as cheaply as the Union Pacific, we could afford to return the farm- ers their freight money and still have $1,000,000 for our own pockets.” ““Yes, but last year the crop wasonly half of the usnal average,” came from the alert La Rue. “Noj; I think it was & two-third cru%” replied the assistant general manager. He then gave figures to show how much more Eastern roads were favored in the cost of fuel and labor, and argued that for that reason they could afford to quotecheaper rates. “In proportion to ‘the cost of operation, our rates are not higher than those of East- ern roads, and that is what's the trouble,” he sadly commented. “We are finding the greatest difficulty in making ends meet now. It is the hardest kind of work to meet our operating expenses and fixed charges. Our rates are not higher in pro- portion than the rates of the Mississippi States. 1f they were we would be making Le Rue—You have been making money? Curtis—We have been—like the farmers in the good old days, California roads cost more in proportion and are bonded for less than the average road in the United States. La Rue—Bonded for more than they could be built to-day. Curtis—I don’t think so. They have been much improved in many ways—by extensions and the replacing of old” and inferior bridges, rails, culverts, etc., by new and first-class structures and materials. At this juncture Commissioner Stanton gave the first evidence of being interested 1n the situation by asking Mr. Curtis what improvements had been made recently— within the past year or so. To this Curtis replied that very little; almost nothing had been done. Stanton—How does the cost of labor com- pare with former years? | . Curtis—There has been no great change in the labor rates in the past ten years. Attorney Martin—How does the cost of main- ;_nxm';zg your roads compare with those of the Rast? Labor and material are higher and "the topo- graphical conditions are against us. Mountain roads are more difficuit to maintain, Martin—What would be. the effect in the valleys if the mountain roads were to be oblit- | erated? Curtis—Rates in the valleys would be higher. Rates on shorter roads are éverywhere higher. La Rue—On the Placerville line the rate is about 6 cents a mile for passenger rates, and ireight rates in proportion. Why is not the general average of rates applied in this case? Curtis—Mr. Smurr will explain that. Commissioner Clark—How do your rates on short lines compare with other short line rates? Curtis—They are very much lower. Stanton—How are rates made as & rule? Curtis—I would refer that to Mr. Smurr. After some little sparring between Com- | missioner La Rue and Mr. Curtis the latter ! admitted that “the charges are placed on | each commodity according to what it will | bear reasonably.” He added: “This is the principle applied in every business,’” Martin—Is the company now deriving any revenue over and mbove the operating ex- penses and fixed charges? Curtis- one. La_Rue—Didn't you pay & dividend last year? Curtis—We did mnot. The Southern Pacific has never ‘mid a dividend. Martin—What if there should not be suffi- clentincome to meet operating expenses and fixed charges? What would result? Curtis—As I said before, we hardiy now |'’know what to do to keep thingsgoing. We have tried to buy everything cheaper than we have been doing, and in most cases have suc- ceeded, and the only thing left now would be to reduce the payroll. Martin—Is the Southern Pacific seeking to find an excuse, as is said by some, to reduce the wages of its men? Curtis—The Southern Pacific does not want to reduce wages. 1t is the very last thing they would do. Martin—And they would not have to do so unless forced by the action of this commission in reducing existing rates? Curtis—N r. La Rue—That is a broad proposition. On the same basis you might be disposed to do the generous thing by the boys and raise their wages, and then come tous and have us in- crease rates, you agreeing to allow the in- creased profits cesulting to go to your employes. Stanton—What was the resuit of the reduc- tion made on grain in 18947 Curtis—It has made the Southern Pacific very bard, but wages were not reduced. For six months of this year it has not earned taxes nor interest. Clark—Then the stockholders don’t get any interest? Curtis—-Thev get Irish dividends. Stanton—Wages were not reduced? Curtis—No, sir. We tried everything else first. For six months of this year we did not earn expenses. La Rue—Do you not sometimes reduce rates 50 as to keep business which might be lost by maintaining existing rates? Curtis—Thet was the case in 1894, Denis Kearney—How many men have been discharged recently? Curtis—There has been no decrease in our foree except that resulting from the strike last summer. Our force was increased the first of this year. LaRue—Is it not a fact that while the com- pany has not discharged any men it has re- duced,'lheh hours of labor and thus cut their wages? Curtis—Yes; but that is the fairer way. Itis better than discharging the men outright. Clark—The revenue doos mnot pay fixed charges. Buppose these conditions continue to exist? Curtis—Something would have to drop. Something would have to be done. Clark—You would have to ask the commis- sion to raise rates? Curtis—Yes, sir. Clark—For my part I would prefer to see rates raised than wages lowered. La Rue-—Among the fixed charges is the in- terest on the road’s debts, and its stock is largely of fictitious value, but. the interest on that is included in the fixed charges. Curtis—There i8 no interest on the stock. The interest is on the funded debt, and is the principal fixed charge. La Rue—Yes, but the funded debt is based ona hrx%‘lry infiated value. C}lr’k— hatdoes it cost per mile to carry rain 5 Curtis—We can’t tell what a ton of any par- (tl{cu;l-lr thing costs per mile, nor can any road 0 this. Clark—What is the average cost Yer mile of moving a ton of freight in California? Curtis—I have not got that in mind for California. Martin—Is the cost of moving wkeat more than thatfor other articles? Curtis—It is es much and rather more, for. the reasons previously stated by me. Curtis—It is much heavier for many reasons. | La Rue—Don’t the same_conditions exist in the East, and in stock-raising sections, where cars have to be returned empty ? Curtis—That is so largely, but coal is some- times brought back in stockears. This concluded Mr. Curtis’ examination, and he was followed by General Freight Agent Smurr, to whom {(r. Curtis had so irequently referred the Commissioners. After being sworn, Mr. Smurr stated that he had been twenty-eight years a railroad man, and twenty-three yearsin the employ of the Southern™ Pacific Company—in the freight department chiefly. His part in the lj-erformlnce was simply to submit and explain various statements of comparative rates. Some of the more important com- psl:mons made are shown in the following tables: RATES. = = = = 0] 7 EE| we L a5 a3 g BE| ¥ | §n | 8% | B8 |83 g8 | 2= 2 as % | 83 : 8 (-4 [l . 2 Sa Sl i iw i K 5l is e B A & Be €0 §185 | §260 | 8180 | $180 | 8380 s | %288 | %88 | %00 | ieo | "s00 88 | 300 | 265 | 230 | 180 | 330 104 | 280 | 305 ( 280 | 120 | 3320 122 | 250 | 355 | 240 | 230 | B0 185 | 260 | 370 | 240 | 230 | 840 143 270 | 370 | 240 | 240 | 840 163 290 | 870 | 245 250 | 360 179 | 310 390 | 245 | 260 860 189 | 310 | 420 | 245 | 260 | 360 199 315 | 425 | 250 | 300 | 360 204 320 425 | 255 300 860 209 8320 | 425 | 255 810 380 226 | 380 | 425 | 2065 | 320 | 370 288 | 835 | 425 | 256 | $30 | 370 214 280 | 320 | 370 RATES. DisTaxce 1 Muzs. | Sponpe® | Time 58, §0 90 $112 38 0% | *138s 135 130 165 14 170 141 185 160 195 1664 205 1664 226 170 i 215 190 | 2as 200 In reply to a question by Commissioner La Rue Mr. Smurr was unable to explain why on the Union Pacificand Great North- ern roads rates were in_most cases lower than on the Southern Pacific, but said it might be due to local competitive condi- tions. Commissioner La Rue further called at- tention to the fact that the comparisons were simply for equal distances, but failed to take into consideration the topograph- ical conditions of the roads whose rates were being compared. In the case of the higher rates credited to the Oregon Rail- way and Navigation Company he showed that this road ran over mountainous coun- try, while the Southern Pacific Railroad points were in valley lands. Mr. Smurr said hé could not help this, as he was simply comparing the rates on grain shipping points of the respective roads. When closely pressed, however, he could not state positively grain was shipped from all the points ot the roads being com- pared with the Southern Pacific. La Rue intimated that_selections favor- able to the Southern Pacific had been made, but this idea Mr. Smurr indig- nantly repudiated, saying he would fur- nish any comparisons that the Commis- sioners desired. Commissioner Stanton moved for ad- journment, but before Chairman La Rue put the motion he stated that he had asked for a statement showing the shipments of grain from each station in the State. It then developed that it had been delivered to Commissioner Stanton, who said he had it at home for the purpose of stud{in it. La Rue expressed surprise that he had not received a copy, and Stanton explained that he took 1t home to use in making comparisons. Adjournment was then taken until 10 A. M. to-day. o AN PERSONAL OPINIONS. Estimates of the Attitude of Rall- road Commissioner Stanton. Dr.Stanton’s attitude on the rate question, as defined during the last two days in his strenuous opposition to the La Rueresolu- tion, is taken by a good many people to mean that no reduction will be possible under the present board. Stewart Men- zies was asked yesterday what he thought of the situation and the likelihood of a re- duction after the manner proposed by Dr. Stanton. Mr. Menzies replied as follows: “There are no words strong enough to condemn this commission—that is, those who are workirg in opposition to a reduc- tion, as promised by the convention pledges. I confess that’I am not a little surprised at the attitude of Stanton.” Max Popper said: *‘I made an honest square fight against Stanton because he was put up by Buckley and the railroad. My predictions have been verified. The eople can now see him for what he 1s worth.” Jeremiah Lynch said: “ft was known in the convention beyond a reasonable doubt that Stanton was the railroad’s man. 1t was rumored that some of his votes cost the Southern Pacific $350. It is the old story. Why talk about it?” Henry N. Clement said: “The commis- sion should be abolished. It is of no pos- sible use and a needless expense to the people of California.” THE OATHEDRAL CHOIR. Liturgical Vespers to Be Chanted by Fifty Male Volces. Sunday evening at 7:30 o’clock the solemn chant of the Gregorian vespers will be again heard at St. Mary's Ca- thedral. ‘The male choir, under the direction of Father Hannigan, has since its first ap- pearance two weeks ago been greatly in- creased, so that it numbers now over fi“f voices. It has been under constant drill, and is prepared to render in full the vespers proper to the day. In the Catholic calendar each day of the year is set aside for the honoring of some particular saint or saints, and atourdil,lglv each day has its own vesper service. The feast of next Sunday is that of the com- memoration of all the Roman pontiffs, and the ves})er service proper to the day is specially solemn. It is this vesper secvice that the choir will render, and in doing so will have the distinction of being the first chanters of liturgical vespers in San Fran- cisco. The soloists of the evenin, Messrs. Sandie, D. Deasy and N. 8 G W. AT THE OAPITAL. Final Arrangements Made for the Ad- mission Day Celebration, The final arrangements have been com- pleted for the annual Admission day cele- bratior. of the Native Sons at Sacramento. A novel feature will be Introduced in the boat race on the river during the after- noon, and in many other respects the cele- bration will eclipse those of former years in novelty and variety of attractions. From the circular to be issued by the “Ninth September Committee” to-day the following extracts are taken: ‘“Ample headquarters have been secured and every arrangement made for the comfort and entertainment of all visitors. Accommo- dations have been engaged at reasonable rates. The railway rates are also sat- isfactory.” will be . Dinan. —————— A Family Jar. GREAT AMERICAN IMPORTING TEA CO.'S Stores are selling MASON FRUIT JARS At greatly reduced prices. 1 dozen jars, pints, in box 6500 1 dozen jars, quarts, in box. 1 dozen jars, half gallons {n box ————— A party of three excursionists, accom- panied by their gunides, had a narrow escape on Mount Blanc recently. They were descending from the Grands Mulets, and had almost reached the edge of the glacier when an avalanche came down upon them. They had barely time to throw themselves flat on the ground when it passed over them, and though two of them were badly hurt, the unevenness of the sur- l;fle{z °dl.n‘otect«l them so that no one was WILL TAKE N0 OATH, German Societies May Contest Governor Budd’s Mani- festo. TO BRING IT INTO COURT. Standing of the Knights of the Red Branch After Swearing Allegiance. The edict of the Governor, that no foreign flags shall appear in parade at the head of armed men, and that no body of men may parade under arms unless they take the oath of allegiance to the Government and become an adjunct of the National Guard, will not be allowed to go unquestioned. The German societies are going to test it if present intentions are adhered to. Representatives from the German shoot- ing societies, which have a uniform branch, have already consulted attorneys in the matter, and the original act is being looked up. The act itself merely probibits the parading or drilling of armed bodies Captain Sheehy, K. R. B. Rifles. unattached to the regular service or the National Guard except by permission of the Governor. Exceptions are made in favor of cadets at military schools when under command of their instructors, and of uniformed com- panies of benevolent societies when the men carry side arms. Beyond these ex- ceptions the power of granting or with- holding permission to drill and parade is left with the Governor absolutely, and he has placed certain conditions upon the granting of permits. He demands that the company wishing to parade carry none but the American flag, and that they take the oath of allegiance to the State, as do the National Guardsmen. It is believed that there is.a flaw in the act which will invahdate it, and it will also be contested on constitutional grounds. The contesting societies do not intend to take the oath, and the mode of rocedure will probably be to turn out as ormerly, and then under injunction pro- ceedings bring the matter to the courts. The Knights of the Red Branch are so far the only ones who have come forward to comply with the Governor’s order. They are now, as a body, an adjunct to the guard and are liable to military duty, just Dr. P. J. O’Neill, Surgeon of the K. R. B. Rifles. as the guardsmen are. The possibility of their being called out, however, is a very remote one for two reasons. Being merely an adjanct to the guard, they cannot be called out until the entire guard isin the field, and then, as most of the members are already in the militia or- ganizations, most of the company will be in the field anyway. “The men took the oath as a matter of course,” said Dr. O'Neill, the company surgeon, yesterday. ‘Those of us not born here took the same oath anyway when we became citizens, and it is an oath any citi- zen might to be glad to take. As for the flag, the American flag is good enough for us. We don’t want to carry any other.” THE LATEST IN OYCLING. Entries for the Road Race of Alameda County Wheelmen To-Morrow. There will be a five-mile handicap road race to-morrow afternoon over the San Le- andro course, the prizes for which were given by S. B. Chaloner and the citizens of Haywards. Only Alameda County clubs will participate. The race as soon as announced created considerable interest among the wheeimen across the bay, and many riders have been actively training for it the past fortnight. The entries closed last night with Captan J. Kitchen Jr. of the Acme Club, and are as follows: Acme Club Wheelmen—Charles Lauffer, Ben J.Sears, P. M. Lefevre, George A. Nissen, H. A. Squires, G. H. Craft, G. W. Brouillet, A. L. Bed- bury, A. H. Agnew, G. A. Hansen, L. W. Shi- man, William Greaves, J. R. Kenna, J. E. Scott, F.T.Smith, A.W.Kitchen and Frank Manda. Reliance Club Wheelmen—W. Childs, C.R. Griffiths, Jesse Ives, B. H. Elford and K. A. Kerr. i‘l;'re!oent Athletic Club Wheelmen, Berkeley —F. B. Wilkins, A. C. Sherman, J. F, Thom- son, P. Kroman, Otto A. Putzker and H. C. ns. Krl':mednG C: c%ex;rA‘.iv‘géoMor%anm'm. E. H. Cardinet, G. D. Taft an rge Armstrong. cm-g::f:d Cycling Club, Alameda—A. E. umbers. Haywards Road Club—J. D. Martin, H. B. Freeman and M. Welsh. The prizes for place are two suits of clothes and. various bicycle sundries, six prizes in all. The first prize is a $20 medal and the second an opal ring. The handicaps have not yet been an- nounced and probably will not be wholly decided upon until to-morrow. After the race the wheelmen will be tendered a bull’s-head dinner at the Haywards Vill and a bloomer ball in the evening will con- clude the })rogrnmma. Entries for the race meet of the Reliance Club Wheelmen on Saturday, September 7, at Oakland Trotting Park, close at the club next Monday evening. Entries for the Admission- day meet of the Garden City Cyclers close at San Jose next Tuesday evening. SCIENTIFIC HANDBALL. The First Rub in the Kilgallon-Bonnet Match Played at the Occi- dental Court. Every seat in the Occidental handbeil court was occupied last night, the upper gall_ery being crowded with ladies and their escorts. Nearly all the prominent handball players in the City were present. The attraction was the first rubin the match, the best of nine games, between T. F. Bonnet, amateur, and M. J. Kilgallon, professional, late of Denver. The match has been looked forward to with the great- est interest, from the fact that it was the first time since Kilgallon since his arrival in this City had played a single-hand game, and also from the fact that each pl;yer had a distinctive style of play. our games were played and the first was the best of the lot. " Both played their best, and, as a result, there were some brilliant rallies thot aroused the greatest enthusiasm. Kilgallon won the game and in the second be strove hard to repeat the Eerformance, but failed, Bonnet winning andily. After a recess of five minutes E!ay was resumed and Bonpoet had it all is own way. Kilgallon seemed to have pumged himself out in the first two games and Bonnet, by keeping his head cool and displaging splendid judgment, did not filve him a moment’s rest, and kept him ustling. In the third game Kilgallon only got 2 aces and in the fourth 1. Botl plniers were loudly cheered as they shook hands at the conclusion of the fourth game. The remaining games will be played next Wednesday night. P. T. Donnelly, the amateur champion of the coast, \was referece. score: 5 Following was the 17 21 21 21 3118 8 1 The preliminary game was between Al C. Hampton and John Purcell and Ed Maloney and L. Kenny, which resulted as follows: Hampton and Purcell. Maloney and Kenny HEALING THE GOVERNOR, A Stockton Celebrity Lays His Hands on the Chief Executive. 2117 2 15 21 ror His Power to Diagnose Diseases Is Much More Wonderful Than His Cures. Governor Budd’s recent sudden change for the better is authentically reported to be due to the laying on of hands. The aispatches have lately referred to the visit to the sickroom of a magnetic healer. This magnetic healer is not a professional, nor is hea man educated in medicine, but a plain countryman, whose home for many years has been on a ranch near Stockton, and who has attained a considerable repu- tation for his peculiar power among the people of the San Joaquin Valley. “Yes, it is true,” said Harbor Commis- sioner Colnon yesterday, “‘that the Gover- nor is improving under the peculiar treat- ment of a local celebrity in Stocklon, who has the reputation of effecting some re- markable cures. He is known as Dr. Hohenscbell, though he is not a doctor. His power of heal ing was discovered by Dr. Asa Clarke of Stockton, who was treating Hohenschell’s father. The doc- tor’s medicine failed to give the patient relief, when the son approached his father, subjected him fo _a treatment of rubbing with the hands. Dr. Clarke found that this was no ordinary action, and that the son possessed a peculiar and strange ower, which has since been practically emonstrated. *‘The most extraordinary feature of his power is his ability to diagnose a case, and that'he does quite often by consulling a friend or relative of the patient while the paticnt is in another town. He not only diagnoses the diseasesof men but of horses as well. Trainer Marion had a lame horse in the Stanford string whose lameness Marion could notlocate. Hohenschell was sent for, and without seeing the horse lo- cated the trouble and & cure was eifected,” *‘But how about the Governor?” was asked. “Oh, yes. Well the Governor was rest- less and could not sieep and was in a bad way generally. Some of his friends sug- gested ‘the doctor,” as we call him in Stockton, and the Governor's mother was consulted. Sheagreed to theexveriment and Hohenschell was sent for. He laid on his hands and_the Governorslept. I am satisfied he will receive great benefit from the treatment, and as to the power of the man who is treating him, I can say from a personal knowledge of him that he is no iraud healer.” WHOSE PLAY IS IT? Rose Coghlan and Al Hayman & Co. Both Claim the Rights to ““A Woman of No Importance.’” Al Bouvier, agent for Al Hayman & Co. here, yesterday served notice on Friedlan- der, Gottlob & Co., managers of the Co- lumbia Theater, that they claim all the rights to the production of Oscar Wilde's play, “A Woman of No Importance,” and gave warning that unless a royalty of $100 a performance be paid they will enjoin the managers of the Columbia from producing it next week. The play has been adver- tised for some time tor next week at the Columbia. Mr. Friedlander, last evening, speaking of the matter, said: ‘“Rose &ghlan bought the rights to the exclusive produc- tion of thssla_v in the United States and Canada and has been playing it several years. She paid originally § in cash and since has paid some in royalties. Upon what grounds Al Hayman & Co. claim the rights to its production in Cali- fornia I do not know. can say, however, that we shall produce the play, as adver- tised, on Monday and run it the whole week, even if we have to pay the royaltie: to Al Hayman & Co.” L % Seomesgnpie 1 TWO LADIES ASPHYXIATED. Escaping Gas in the Occidental Hotel Nearly Ends the Lives of Guests. Two ladies came very near losing their lives by gas asphyxiation yesterday morn- ing at the Occidental. They were Miss Belle Warren of Riverside and Mrs, H. C. Stoenfeltz of Lancaster, Pa. They had ar- rived at the hotel on Tuesday and were given room 136. Yesterday morning at5 o'clock the odor of escaping gas was no- ticed by the watchman as coming from their room. The ladies were found unconscious, and Dr. Norris, who was called in, said that in an hour longer they would have been dead. As it was, they were not restored to consciousness for a long time. They were getting on very well last evening. The cause of the éscape of the gas was a defective gas-burner and the turning on of the gas affer it was put o Police Court Cappers. Steve Vulocivich, who was convicted in Judge Conlan’s court last Saturday of vagrancy, 'was yesterday sentenced to six months in the County Jail. He was one of those arrested for ‘“‘capping” around the Police Courts. The case of A A. Friedlander, arrested for the same offense, was hee:d before & jurun Judge Con- lan’s court yesterday. A number of witnesses testified fcr the prosecution and for the defense, and the jury after retiring for about five minutes returned a verdict of not guilty. : ————————— { It is computed that 67 pecple dieand 70, are born every minute. HAHNEMANN - GRADUATES Interesting Exercises at Odd Fellows’ Hall Last Even~ ing. SHOWERED WITH GOOD WISHES. Thirteen Aspirants for Medical Hon~ ors Recelve Diplomas Amid a Gay Gathering. At 0dd Fellows’ Hall last evening, amid a gathering of relatives and friends that crowded the spacious hall to its utmost, there were ushered into the world of prac- ticing physicians thirteen new aspirants for the honors of the medical profession. It was the occasion of the commence- ment exercises of the graduating class of Hahnemann Hospital College of 1895. The class was composed of these ladies and gentlemen: Nathap Biegeleisen, Joas Sergio Alvares Cabe ral, Ida Belle Cameron, Edith Ansart Chapell, Burritt Newell Dow, Frances May Gage, Eva L. Harris, Robert L. Hill Jr., Charles Edward Jones, Sophie B. Kobicke, Beulah L. Mansfield, Carra B. Schotield, Dio Lewis Tisdale. They were seated on the right of the stage, while the center and right of the platform was occupied by the taculty and its officers, numbering the following- named professors: J. A. Albertson, C. B. Currier, J. N. Eckel, William Boericke, George H. Martin, George H. Jenks, Hayes C. French, A. C. Peterson, George H. Palmer, E. R. Bryant, Sidney Worth,, James W. Ward, C: L. Tisdale, C. W. Bronson, J. E. Lilienthal, A. P. Van Duzer, William Simpson, R. A. Leet, F. G. Canney,Guy E. Manning, W. N. Lamb. The exercises commenced with an over- ture by Tobani, followed by meer, offered by Rev. George Edward Walk. Excel- lently rendered mandolin and guitar solos, with orchestra accompaniment, consti- tuted the next number, foilowed by the ad- daess of welcome on behalf of the faculty. The address was delivered by Professor George H. Jenks, M.D.. who took occasion to bestow some practical advice upon the grpuduutes. In substance Professor Jenks said : *In having been selected for this duty, I am very much gratified, and the perform- ance of it is therefore highly agreeable. I ask you, graduating physicians, to accept my hearty congratulations for the success with which you have closed your schooling. . “You should be ambitious, always aspir- ing higher and higher for greater things, and never lose sight of the fact that the medieal profession is second to none, that there is none more exalted or noble. You should also always bear in mind that you are not only healers of the sick, but that {'our mission is also one of prevention. ou must teach men how to live, for you do not fulfill the full mission of the pro- fession for which you have been educated if you consider yourselves dispensers ot medicine only.” 5 Admirably rendered tenor solos were sung by Frank Coffin, who was compelled to respond to numerous encores. Following, Professor J. N. Eckel, M.D., presented the graduates to the dean of the college, who, in turn, presented the di- plomas. The address of the evering was delivered by Hugh Craig, who kept the andience in good humot for an hour by blending clever facetiousness with some solid, common- sense suggestions to the young doctors, in which he asserted his belief that the newly made physicians will have ful- filled tkheir m n in life if at the end they have practiced with their homeopathic principles, that of curing the ill by the use of as few drugs as possible and by teaching man to provide against disease by a proper observance of the prin- ciple of hygiene and cleanliness. he exercises closed by the presentation to each of the gradunates of a beautiful bouquet of flowers and the exchange of hearty congratulations of the assembled friends. SUNSET OFFICIALS HERE. General Manager Kruttschnitt and Others Come to Confer With the Southern Pacific People. There arrived here yesterday three prominent railroad men in General Man- ager J. Kruttschnitt, General Superin- tendent W. G. Van Vleck and General Passenger Agent S. I. B. Morse, of the At~ lantic system of the Southern Pacific. They came out to confer with the heads of similar departments here particularly in regard to train schedules. I}; is a_custom to hold such a meeting annually, but this is the first time it has been held here. A time schedule for the Sunset Limited will be one of the principal matters dis- cussed. The passenger agents will also discuss the question of passenger rates. . Mr. Kruttschnitt is one of C. P. Hunt~ ington’s favorities and is regarded as one of the brightest railroad men in the coun- try. S.F.B. Morse has made a record asa general passenger agent that makes him.a probable successor to T. H. Goodman in case he retires at any time in the near fu- ture. The party will remain here until Saturday, when they will leave again for the south in their private car. ——————— Human hair varies in_thickness from one two-hundred-and-fiftieth to the six hundredth part of an inch. SLEEPY, DULL, languid and mo- rose, is the way you feel when your liver fails to do _itswork properly; in consequence you suffer from indigestion, biliousness, and dyspepsia. You have a ‘‘don’t care” spirit and a ‘‘played out ”feeling, and everything tires you. To set_the liver in ac- tion, purify and enrich the blood, and to strengthen and vitalize the whole system, take Dr. Pierce’s Golden Medical Discov- ery. Having a peculiar tonic effect upon «the lining membrane of the stomach and bewels, it makes a lasting cure of all stomacly, liver m:ld bowel dxs‘u{ders, such as indigestion, dyspepsia, ‘‘liver com- plaint,” and chrom};e diarrhea. By ine creasing the blood supply, as well as enriching it, all the organs of the body are strengthened, and the nerves are fed - on pure, rich blood. euralgia is the ‘“‘cry of the starved nerves for fc nervous debility and exhaustion, sleeplessness and nervous prostration are in most instances the di- rect result of a starved condition of the blood. The true way to cure these ail- ments permanently is to take the “ Gold- en Medical Discovery,’”” which was dis- covered and prescribed by an eminent physician, Dr. R. V. Pierce, at present chief consulting physician and specialist to the Invalids’ Hotel and Surgical Insti- tute, Buffalo, N.Y. If youwanta medical opinion on your case, write him. It will cost you nothing. A Book of 136 pages on “Diseases of the Digestive Organs,”” will be mailed to any on receipt of postage, 6 cts. “LIVER COMPLAINT.” Climaz, Kalamazoo Co., Mich. D%{. \ngzlAcB.f B\lfl':_lo. N. ¥ v Si few of m ptoms were heartburn and fullness aficr eating: some, times pain in my bowels and bad taste in my mouth ; sometimes I was feverish, with hot flushes over skin. After taking your * Gold. en Medical Discovery” I was rélieved of all these symptoms and I feel perfectly well, Yours truly, Ahds Gk ¥