The San Francisco Call. Newspaper, September 1, 1895, Page 11

THE SAN FRANCISCO CALL, SUNDAY, SEPTEMBER 1. 1895. LATEST OAKLAND NEWS, The Bond Election Carries by Quite a Handsome Majority. NEW RAILROAD PROJECTED. Eastern Capitalists Want to Build From Oakland to Stock=- ton. OARLAND OFFICE SAN Fraxcisco CALL,) 908 Broadwa The election to determine of the school bonds, amounting tc due next month, was held to-day ing was very qui d except for the red flags i booths and the | of the sa rée was no evi- ce that an election wa: The vote was tle ou ess. o’clock, were for the bonds. The result by wards was as follows: Agal: % 2,749 ds therefore carried ‘with 4‘\11‘ of the refund- g that the city the debt, and tt public ' improve- mount of carried on. Had the me: success the result would ha s on every hand., A ROAD TO STOCKTON, Eastern Confer the 'rade. A meeting of the Oakland Board of Trade held this afternoon, at which Judge of Chicago laid "before the mem- on that may possibly end g of a railroad from Oakland Mr. Simonds and Mr. Kem- n upon the c ve been confer: nd and San Jose. 1onds merely a promoter, e makes to business ased on contracts lds with Eastern capitalists ers. One of these is > Drake & Stratton Company of phia. Ina general way the prop- the promoters are authorized to i A local company is to be Capit With ized here t e tranchises, rights of way, e ibe for a certain amount of would enable the floating of nd the contracting o, would take the bonds and build great deal of secrecy is being observed e promoters, but in a few days, itis statea, organization papers will be filed and the company fairly launched. Silver Knights Temple. The first temple of Silver Knights of was organized in this city last with fifty-five members. Mr, War- aton made the preliminary arrange- ud secured the charter from the nd temple. The new temple is Wash- on Temple No.1 of Californ The officers are: Warren Heaton, vice-president; George W. secretary; j H. Champlin, tre urer. The objec courage and promote fraternal feeling, to comfaort and care for the sick, to relieve ssed, to _inculcate patriotism, to rect” principles of finance, to levate and protect the masses of the merican people and to champion the free coinage of silver.” A Lively Steamer Race. There was a great race this week between steamers Mount Eden and San Lo- o, that ply between the salt landings 1d San Francisco. Heretofore the Mount ien has been victorious, but this time there was a determination on the part of commodore of the San Lorenzo to | e in first or bust. The two boats met ite the creek outlet, and away [ ke two racing chts. The made in the bay, and, | neared their destination, the San 2nzo forged ahead and won the “‘ocean” | in great shape. The New Money Orders. In a few days a new style of money or- ed at the Oukland Postoffice. as been received, but all the t be used up first, as the nment does not permit any post- to destroy old forms, even al- knowledged to be out of s smaller thar the sily handled as a check. erence in the new order is its he new order is made nd can be indorsed and payable to or used as collat Acme Club’s New Officers. The_annual election of officers for the Acme Athletic Club was held to-night and resulted es follows: President, George F. Neece; vice-president, J. H. Wright: sec- | retary, J. P. Cook; treasurer, H. J. Snow; leader, J. U. Bird; field captain, Henry Tank; cycle captain, W. Humphrey. For directors—J. L. Donovan, C. H. Ha baker, E. L. Johnston, H. J. Rotherman. There were no contests for any of the offi- ces but leader and directors, but the suc- cessful ones all had large majorities, Ready for the Ninth. The Prohibitionists are meeting with great success in the arrangements for the demonstration in this city on September 9. Dr. McLean and Dr. Coyle will be on the morning programme at the tabernacle. The Boy’s Brigade band of San Francisco, twenty-two pieces, will lead the parade, which takes place at 1:30 p. 1. The band will be followed by about 500 of the boys from San Francisco in uniform. She Took Morphine. Mrs. Esther Irwin, a woman about 42 vears of age, was found unconsciouson the sidewalk to-day in East Oakland. She was taken to the Receiving Hospital, and it was found_that she had taken a large dose of morphine. She has been very de- spondent of late and undoubtedly at- tempted suicide. She will recover. A Confessed Bigamist, Cornelius E. Stuart, who was_arrested for altering the marriage records in the County Clerk’s office, is_ wanted for em- bezzlement at Turlock. He also confessed to the police that he has a wife in England from whom he has not been divorced. He is held in $1000 bail. A New N. 8. G. W. Parlor. A new parlor of Native Bons of the Golden West was organized last night in Judge Allen’s courtroom. Forty-four mem- bers signed the charter-roll. The officers will be elected next Wednesday evening. HISTORY OF A DAY. Algmeda County Happenings Told in Brief Chapters. OAELAND OFFICE BAN FRANCISCO CALL,‘ 908 Broadway, August 31. The Grand Jury hes adjourned until next Wednesdsy. Hattle Dixon, a domestic, was committed to Ukiah to-day. Lake Chabot has been fished with very fair fuceess the past week or two. H()p-glcklng will begin on Segtember 1in the yards of the Pleasanton Hop Company. Robert Harney geve his wife a black eye. This morning in'the Police Court he paid for his fun. ‘The opening day of the Pacific Tneological terda | ter ts of the order are “‘to en- | Seminary cecurs on next T e Bl Tuesday, September J. E. Baroer, city editor of the Alameda Ar- gus, was among the young attorneys who were admitted by the Supreme Court this week. Members of the Woman’s Exchange makes public acknowledgment to all who were kind enough to assist them in th enough 1o & e production of the Monday, the 2d, is National Labor day. g;;;\:;xgxinnd‘-ggréns to whether it should be ob- erve is State or not - tion to that efféct. e p The salt men at Mount Eden are complainin; ?r‘ l‘t}x‘e (;?1?’“ aréuingzrom dead nornespfloullng the different creeks that hav. down to the bay and shot. 7 Den pyuen The Christian Endeavor City Union will in- augurate a sunrise prayer-meeting at the First Presbyterian Church to-morrow morning at 0 o'clock. A. P. Alexander will lead the m N. Leete, an old mini buried to-day. Leéte died in San: Francises. He was 69 years of age and a native of New York. He was identified with the early history of California. J.M. Miller has applied to the Board of Su- sors for an appointment as county inspec- he work to be done in constructing the | culvert across Sausal Creek that will commence within & short time. To-morrow afternoon at 3:30 o’clock, Rev. R. F. Coyle, D.D., will speak to men only at the Young Men’s Christian Association, Twelfth streets. The double male quartet of the First Presbyterian:Church will sing. The Fish Commissioners recently decided to stock the San Lorenzo Creek with trout, but the poisonous sewer matter emptied into the creek by & local brewery has o polluted the water that the project will have to be aban- doned. At the triennial session of the Grand Chapter of the Order of the Eastern Star in Boston yes- Mrs. Mary tridge of this city was grand matron of the r the ensuing term of The beau nl grounds of the Shattuck resi- dence on Shattuck avenue, Berkeley, will be ilinminated witn electric lights and lanterns on the evening of Thursday next, September 5, when the garden fete will be held by the ladies of the First Congregational Church. The argument in_the equity suit of Buswell against the Board of Supervisors, charging them with illegal acts while recently sitting as a Board of Equalization, was completed to-day and the case submitted. The attorneys in the case have been sllowed till Monday to cite | additional authorities. ervisors received a notice 2. P. Colgan, State Controller, call- n to the law regarding the fixing of tax levy for the county. Under certain sections of the Political Code as amended the board will sit on the third Monday of Septem- ber to fix the tax leyy, while on the Monday following the board will apportion the taxes of the railroad companie LATE NEWS OF ALAVIEDA Damages From the Opening and Extension of Buena Vista Avenue. Th to-day from Board of Su Citizens Interested in the Westward Extension of the Avenue Pass Unfavorable Comment. ALAMEDA, CaL., Aug. 3L.—R. B. Tap- pan proposes to make it warm for the Fromms when the protests inst the ac- ceptance of the report on the westward opening and extension of Buena Vista avenue comes up for consideration. The Fromms are protestants with Tappan, but on other grounds. Among the grounds of protest urged by Tappan is the following: That the maps filed herein show certain lots to be owned by AugustJ.Fromm, but said Fromm does not own said 16ts. in his neme by August From larger damages than he wou e titled to; that said lots are owned by Fromm. A. Fromm once owned parcels of lana which are cut through by the avenue in August to his son, he is left with eight parcels, none of which will have a frontage on the opened “svenue, because his son’s land comes in between them on both sides of the street, giving the latter a frontage of 414.44 feet on both sides after taking out sixty feet for the width of the street. Had the elder Fromm kept his property as a whole, the avenue would bhave divided it into two unequally sized but desirable par- cels with a frontage of 828.88 feet on both es of the avenue, whereas with the deeding away of the central portion he is shut out completely from the improve- ment. The cost of the entire improve- ment is returned at $9870 38, and for value of land and damages A. J. Fromm was awarded §1712 40 and the father $438 20, while for benefits the son was awarded $1013 60 and the father $1099 60, whereas the damages would not have been so great had the property been held by one person. People interested in the westward exten- sion of the avenue pass unfavorable com- ment, and while the transaction covering the deeding of the property to the son may have besn in the ordinary course of busi- ness, the record shows that the property was deeded on June 14, 1804, just three days after the resolution of intention to open the avenue was passed by the Board of Trustees. Thrown From a Buggy. Death ended the sufferings of little Ethel V. Bel] iast evening at the home of her uncle, T. L. Hierlihy, of 2015 Pacific ave- nue. The child, nearly seven years old. died from the result of an injury received through an accident on Sunday, the 18th, when she was thrown out of a buggy, sus- taining a four-inch wound in the back of the right leg to the bone and almost en- circhng the limb, Dr. Mason of Fruitvale attended her, and had with him in consul- tation Drs. Pratt and Adams of Oakland. Two days ago aymgwms of blood poison- ing set in. Little Ethel was the daughter of A. P. Bell, a tinner and plumber of San Francisco. The Wilmerding School Site. The citizens’ committee which is seek- ing for Alameda the site for the Wilmerd- ing School of Trades expected last even- ing to receive two definite offers, but being disappointed adjourned for one week or at the call of the chairman, Dr. C. L. Tisdale. The committee is working quietly and, while confident of an eligible site, is certain that the amount of money necessary to purchase one can easily be raised. Columbus Bartlett, one of the resident regents of the university, thinks that if Alameda is sufficiently energetic she may secure the prize. Row Between Yachtsmen. L. Taylor, a boatman on_the Alameda side of the estuary, below Webster-sireet bridge, and Elmer C. Smith of the Cali- fornia Yacht Club had a row on Wednes- day and during the altercation Taylor is said to have pulled his revolver. Smith owns a yvacht, which he keeps moored near the Alameda shore, and accused Taylor of hemming his craft in by the tying-up of his boats. Taylor was arrested yesterday on complaint of Smith, but released on $200 bonds, and at once made complaint before Justice Swasey for the arrest of the other man for disturbing the peace. A City Clerk Surprised. City Clerk B, F. Lamborn returned on Thursday evening from his honeymoon and last night h1s numerous friends deter- mined to give him a surprise party and a charivari. They didjso with a vim, as the selections played on foghorns, horse fid- dles, fishhorns, tomato and coal-oil cans no doubt did surprise the genial clerk and his blushing bride. They were equal to the occasion, however, and made the sur- prisers heartilg welcome. The flowing bowl was passed around, songs were sung and a mostenjoyable evening was spent, An 01d Landmark. The Webster-street fountain, erected in 1879 by Adolph Hecker, was shattered a fortnight ago by a loaded wagon backing into it. It has been re-erected and remod- eled and now resembles a solid block of white nite. The old lamp, which old Alamedans will remember as being the only lamp when the narrow-gauge railroad was not, Bu been refurbish: WORKING FOR HAYWARDS, An Organized Movement for the Grand Council Y. M. 1. of 1896. MANY VOTES ARE PLEDGED. The Citizens Will Make a Generous Offer to Capture the Cov- eted Prize. HAYWARDS, CaL, Aug. 3L—Every delegate from Alameda County to the Grand Council of Y. M. L that convenes at Vallejo in a few days is pledged to vote for Haywards as the place for holding the Grand Council of 1896. Grand President Frank J. Kierce and Grand Directors James E. Kenny and John Lynch are also anxious that the big council should come here. The Haywards delegates are Frank B. Hooson and Frank S. Terry, and they have been busy during the past week cor- responding with the delegates all over the State and have received many prom- ises of support. A meeting of the mem- bers of the Y. M. I from all parts of Ala- meda County was held at Haywards this week and steps were taken to make a thorough canvass in favor of this town. _Grand President Kierce paid a flattering tribute to Haywards, and said he would do all in his power to forward the movement thvat had been enthusiastically commenced. W. J. Harrington, president of Oakland Council, and District Deputy W. C. Calla- han of Livermore are also working hard to secure the pledges of State delegates be- fore the Grand Council at Valiejo con- venes. Grand Director Lynch, who hails from Oakland, will be a candidate for grand president, and he will have the support of all the delegates from Alameda County. “From the amount of pledges we have received,” said Delezate Hooson to-day, “I think our chances of getting the Grand Council are very roseate. All the dele- gates from this county will work for Hay- wards, and numerous promises have been obtained from other counties. “Haywards is well able to welcome the hundreds of visitors that a Grand Council would bring here, and of course it would be a great thing for the town. We need something of the kind to give us a boom, and if Haywards is designated as the place for thz Grand Council it will keep all the delegates talking about this town from the time they adjourn at Vallejo to the time they convene here. *“The residents of this ing a formal offer, which 1 shall present to the Grand Councfl, and in it we shall say just what we are prepared to do in the way of entertainment. They are respond- ing generously, and during the coming week I am sure our offer will takte such shape that it will be an honor to present it to the State delegates for their accept- ance.” LATST BERKELEY NEWS ProfessorJosiah Royce Is Hon - ored by a Large Re- ception. fluce are prepar- Students Complaln About the Diffi- culty of Securing Military Honors. A reception was given in honor of Dr. Josiah Royce by Miss Anna Head, his ter-in-law, at her home on Channing About 250 of Dr. Royce’s special friends were invited, among whom were a number of his college classmates, includ- Burchard, Frank Deering, Profes- iam Carey Jones, Arthur Lowe, R. Harry Winn and R. H. Robert- son. Notable among the other invited friends were: President and Mrs. Kellogg, Prof. and Mrs. G. H. Howison, Prof. and Mrs. Irving String. ham, Dr. and Mrs. Thomas R. Bacon, Prof. and Mrs. Bernard Moses, Prof. and Mrs. C, M. Gay- ley, Dr. and Mrs. Joseph Le Conte, Prof. and Mrs. Edward J. Wickson, Prof. and Mrs. Brown, Dz and Ms. O: C. Plehn, Dr. Hengstler, Prof Haskell, Prof. and Mrs. C. 8. Merrill, Prof. and Mrs. A. F. Lange, Prof. and Mrs, C. B. Bradley, Prof. snd Mrs. Williard B. Rising, Dr. and Mrs. Ritter, Prof and Mrs. S. B. Christy, Prof. Hesse, Prof. C. L. Cory, Prof. A. 0. Leuschner, Dr. Richardson, James Sutton, Thomas F. Barry, Dr. B. P. Wall, John R. Glas: cock, Prof. Stillman of Stanford, Judge and Mrs. Garber, W. D, Armes, W. W. Deemer, Prof. Sidney Mezes, Miss Carrie Le Conte, Hon. Horace Davis, Judge Boalt, C. P. Eals, William T. Reed of Belmont, Proi. J. B. McChesney, Dr. J.K. McLean, Rev. Dr. George Moar, Rev. C. W. Wendte, Mr. and Mrs. C. T. H. Palmer, Rev. . B. Payne, Warren_Olney, Esq., Mr. and Mrs. James S. Bunnell, Mr. and Mrs. G. L. Lensing, President D. 8. Jordan of Stanford, Mr. and Mrs. A. F. Morrison, Mr. and Mrs. Joseph Hutchinson, Mr. and Mrs. Whitney Palache, Mr, and Mre. Harry Cook, Mr. William and the Misses De Fremery, Mr. and Mrs. Shepard, Mr. and Mrs. Charles Keeler, Mr. and Mrs. Charles Blake, Mr. and_Mrs. Edward Goodrich, Mr. and Mrs. Anson Blake, Mr. and Mrs. William Keith, Mr. and Mrs. Thomas Richardson, 3iiss Elizabeth Tompkins, Miss Royce and 3Irs. Barney, sisters of the professor. Student Military Officers Complain. There is war in the military department of the university. The fighting, however, seems to be almost wholly confined to the student officers of the battalion. The ap- pointments of officers, both commissioned and non -commissioned, for the coming year took place a few days ago, and many of those who had aspired to high honors in the department and had worked diligently to attain them have fallen by the wayside without even a_ sergeantship. A claim is made that partiality has been shown not only by the head of the department but also by the higher officers of the battalion, who wished to favor friends. Military work is required from all able- bodied men in the university during the entire four years of their course. The first three years are devoted largely to practical field work, while in the senior year semi-weekly lectures on theory is de- manded. Bat few of the students are at all ambitious for honors in the science, but consider the work drudgery, while there are others who wish to do well in it, be- cause it is a requisite for graduation. From these latter men have come the complaints and several of the higher officers have threatened to give wup their straps and stripes rather than be subordinated to the commands of men who they say have done work inferior to their own, but through ‘‘pulls” bave managed to get be- yond the bounds of what they really de- serve, For the Wilmerding School. F. K. Shattuck, a well-known capitalist, has offered to the Board of University Re- gents a block of five acres in Berkeley as a site for the Wilmerding school, on condi- tion that they accept it as a permanent location for the institution and erect the necessary buildings thereon, ‘The piece of property which Mr. Shat- tack has offered is bounded on the west by Grove street, on the east by Milvia, on the south by Ward street and on the north by Derby street. 1t lies between the two branches of the Oakland Consolidated Street Railroad line. The Grove-street line passes it on the west side, while the Shattuck avenue steam railway line is but one block to the east. In spuking of the matter yesterday, Mr. Shattuck said : My neighbors have been talking about doing something toward getting the Wilmerdin, hool for Berkeley, but I feared nothing wouls accomplished 1. lubm:guonuweudep.ndod upon, and after thinking the question over 1 de- c&ood to offer the agents &u block. Itisa good high piece of und and I think it will make an excellent site for the school. Town Trustees Meet. A new liquor ordinance was passed to }mnt at the. meeting of the Town Board ast night. Its chief difference from the existing law ‘s in regulations as to the chahging of the license charge and as to thé conditions under which licenses will be granted. It contains a provision allowin, the board to alter the license fee at the en of any quarter, a8 it may see fit, and re- quires that one desiring a saloon license shall secure signatures from five out of the seven nearest residents to the locality where he desires to establish a business. The Finance Committee reported favor- ably upon bills for §1208 77, $1113 07 out of the Azeneral fund and $95 70 out of the road fund. F. Blackree, who has been at work in- specting the town books for the past three months, presented is resignation underthe plea of ill health. He has made no report and the board will decide hereafter whether he is entitled éo any remuneration for the work already one. SIVES THOUSANDS A YEAR The Author of the Fee Bill Explains Why It Was Drawn Up. Assemblyman Dodge Is Confident It Will Be Declared Con- stitutional. 0ARLAND OFFICE SAN FRANCIscO CALL,} 908 Broadway, August 31. The constitutionalily of the act regulat- ing the fees of Justices and Constables is at present interesting every one of these officials in the State. Recently Van R. Paterson, ex-Supreme Justice,was retained by the officials to argue their case before the Supreme Court. He expressed himself in print as being confident that the act is unconstitutional. Astheact hes saved Alameda County $20,000 during the present year, the prog- ress of the test case is being keenly watched by taxpayers in this county. The chairman of the Committee on County and Township Governments of the last Legis- lature was Assemblyman C. €. Dodge of OQakland. Mr. Dodge is practically the author and father of the measure and to- day he was asked his opinion regarding the act and its effect. After referring to the general popularity of the measure and the immense amount it saved each county Mr. Dodge said:* 1 was very much struck with a recent article in THE CALL stating that the number of tramps in the Coumg‘ Jail had decreased one-hali since the new iee bill went into operation and also that Mr. Van R. Paterson had said the act was unconstitutional. I am confident the act is constitvtionsal in every respect. I do not think there is anything in the coniention that it is unconstitutional, because it requires the District Attorney to approve the issuance of warrants of arrest befote the fee therefor shall be allowed. But even assuming that pro- vision unconstitutional the act would only be 80 to that extent snd the remainder of the “act, inciuding the limitation in the amount of fees earned and the respective charges in each case, would stand precisely as it is at present, and it would make but a_trivial difference to tax- payers. It is a well-settled principle of law that one unconstitutional provision in an act does not render the remainder of the act un- constitutional. It is an entire misconception of the nature, scope and effect of the act to say that the fees therein are not fixed on a basis of population and duties to be performed. The act expressly provides the amount of fees to be charged in each case, and they are earned according to the amount of duty performed. In other words in & populous township more fees will be earned by reason of more arrests than in a sparsely settled community, but the charge for each | individual service is precisely the same. Such an objection would apply equally as well to the pre existing law as to the Kresent. Nor does the act decrease the compensation, 50 that the people dre left in many districts without peace officers. If any have resigned by reason of the act, the people have got to hear of it, and if they have there will unques- tionably be plenty of lgplicant& for their places. " Instead of the act being & premium on neglect of official duty, it may with absolute truth be said that the pre-existing law was & premium on robbery of taxpayers and county treasuries. The present act is an inhibition on such outrages as the wholesale arrest of inmo- cent men looking for work and was passed in response to the spontancous demand of tax- payers in every county in the State. But the most remarkable coutention against the constitutionality of the act is that it de- creases the compensation of peace officers so that they are legislated out of office and in the next breath that the act increases their com- pensation during their term of office. The sight of a public officer in this State endeavor- ing to have an act declared unconstitutional becanse it increases his compensation is & spectacle for the god ® This act, however, nowhere increases the compensation of any public officer. Wherever it has made a change from the pre-existing act the fees have been decreased. Ido not know on whatground Judge Bucker of Solano County decided the law not applicable to that county, but I have no doubt it wes because the county government act provides a salary for the Jus- tices and constables for that county in lien of {ees, and that the act was not intended to in. terfere with any provision of the county gov- ernment act where it provided a salary in lleu of fees. In Santa Clara County, where the offi- cers receive fees as compensation, and every uestion of the alleged unconstitutionality of the act could be raised, Judge Reynolds de- clared the bill constitutional. DAIRYMEN TO MEET HERE. What the Butter-Makers of the State Are to Take Into Con- sideration. Secretary Samuel E. Watson of the State Dairy Bureau has been preparing statisti- cal information for the annual convention of the California dairymen, which 1s to meet here on the 11th inst. It will last three days and its sessions will be held at the Chamber of Commerce. The data of Secretary Watson will deal with the production and marketing of dairy products in particular and the growth of the dairy interests in this State, with some observations on the effects of the agitation started some years ago to prevent deception and fraud, and which in this State culminated in the act passed by the last Legislature and the recent estab- lishment of the State bureau. What, perhaps, interests the butter- makers of California !uu now more than any other one thing is the marketing of their products. Louis Tomasini, manager of the Dairymen’s Union, will address himself to this subject at the convention. Assistant Manager W. A. Russell of the union said yesterday afternoon: Our desire is to establish uniformity of weight, Heretofore butter bhas not sold on its merits. One man puts full-weight packages of two pounds each in squaresor rolls on the market at45 cents per package. Acrossthe street from where his s are sold a store- keeper advertise butter at 40 cents per roll. The roll sold by the latter, however, is light weight, being " only one and three-quarter pounds or less. The dairy interest of this State is the second largest, wheat being the first. We have on the Chicago market, I should say, 500,000 pounds of butter We want to increase our Eastern demand. We can make better butter in this State during January, February and March than they can anywhere else, and as we export from the East at this time of the year about 36,000 dozen eggs weekly, we feel that we should be ‘“reciprocated with”—that the Easterner should buy our butter, since we buy his eggs. ——— An Enterprising San Diegan. . J. D. Banburg, formerly of San Diego, was among the passengers that arrived from the Orient yesterday on the steamer Coptic. Some two Kun ago he established an extensive watch-making ‘pllut at Osaka, Jn‘pm, which he recently sold to a company of realizing a handso! ment of his time and money. ————————— Fatal Fall From a Tree. Oliver Dowd, a 10-year-old son.of Oliver Dowd of 726 Twe;ty—ton’;lh street, fell from a. h tree while & neighbor’ rrd p::ferd‘y lfumogn.y%n:! zh‘a mn'n on e base of his skull. He died from his injuries three hours later last evening. Japanese, return on the invest- | HOW AN ESTATE SHAUNK. Sensational Averments in the Probate Case of E. Ken- nedy’s Estate. DECEASED WAS QUITE WEALTHY The Only Surviving Direct Heir Sues for an Accounting After Many Years. The filing of petitions for distribution in the estates of Edward Kennedy, Amelia Marie Kennedy and Edward T. Kennedy yesterday constituted the initial move in the investigation of an estate in probate, which in essential detail suggests Dick- ens’ famous case of Jarndyce vs. Jarndyce. Ever since 1873 the Kennedy estate and estates have been in probate. There has never been even a partial distribution. According to the record of the Probate Court the estate of Edward Kennedy at the time of his death in 1873 was worth $250,000. According to the facts and figures gathered by the attorneys now seeking a final dis- tribution—W. T. Baggett and W. Linforth —and corroborated by the only surviving direct heir, Frederick Eugene Kennedy, the property to-day is not worth over $25,000, and Frederick Eugene Kennedy is also responsible for the statement that the heirs have received virtually nothing from the estate of Kennedy pere during the last twenty-two years and that during that time real estate values have been enhanced from 25 to 50 per cent. Edward Kennedy was a pioneer. For many years he was in business with T. R. Hopkins. “They owned and operated the Genesee flourmills and had valnable prop- erty in Monterey. Kennedy had a hobby. Most of his surplus capital was invested in corner lots in this City. He would buy notbing but _corner lots if possible. That was his mania. The property adjoining a corner might be just as valuable, but the corner he must have. In consequence his investments were all of a character that fulfilled the promise of rich returns. On his death he left 2 will bequeathing half his property to his widow, Amelia Marie Kennedy, and the other half to Theron R. Hopkins and L. L. Blood, as trustees, to hold in trust until the youngest of his three children came of age. That youngest child is the sole surviv- ing direct beir, Frederick Eugene Ken- netly, now in his twenty-eighth year. The other children were Edward T. and Ame- lia Victoria Kennedy. The former died, leaving a wife andychild, and the death of the girl occurred Leiora she attained her mnjoritir. The elder Kennedy, so the record shows, left the following described property: A lot at the corner of Sansome and Gold streets, 57:6x119, valued at $35,000; an- other piece of property at the corner of Front and Pacilic streets, 137:6x147, val- ued at $34,700, sold soon after the appraise- ment to Senator Fair for $200,000; a lot at the corner of Sansome and Pacific, 22:11x 68:9, where the old St. Helena Hotel used to stand, valued at $10,000; a 50-vara lot at the corner of Bay and Hyde, valued at $45,000, and a 50-vara lot at the corner of Van Ness avenue and Chestnut street, val- ued at §$3000. Besides this property enumerated on the records, Frederick Eugene Kennedy claims that a balf-interest in the Genesee flour- mills, and the property at Monterey have never been accounted for to the court or to the heirs. Before a decree of distribution had been made in the eufite of Kennedy Sr. the widow, Amelia Marie Kennedy, died, and A. Chaigneau, her brother, was appointed administrator of the estate. The estate of the father was closed in 1877, but no decree of distribution was ever made in the other half of the estate left to Hopkinsand Blood as trustees of the three minor children. Afterward Hopkins resigned, and - Blood continued as trustee alone until his death, when Prosper Hueron, of Panama canal fame, was appointed. He continued to act until his death, which occurred two years ago. He was succeeded by J. J. O’Farrell, who is still the trustee. When the widow of the original Ken- nedy died two vears after her husband’s de- mise in 1875, she left a will bequeathing to her mother $5000, to a distant relative $2000, and the residue of her half of the main estate to her three children—Fred- erick Bugene, Amelia Victoria and Ed- ward T. Kennedy. In October, 1884, Ame- lia Victoria died. Being a minor without a will her share of the property reverted to her two brothers, Edward T. and Fred- erick BEugene Kennedy. Edward T. Kennedy, the eldest son, was married in 1889. e died, leaving one child. He died without a will, and the property which constituted his interest in the estate of his mother and father went to his widow and child, the latter being named Edna V. Kennedy. In the petition for final distribution 1t is set forth that the widow of Edward Ken- nedy Sr. received no benefit from the es- tate during the two years she survived her husband, and that the property comprising her half was not diminished in value. The daughter, Amelia Victoria, being a minor at the time of her death, had not touched the principal, and it is set forth that she also received no benefits from the estate, leaving her share of the property intact at the time of her death. Edward T. Ken- nedy, the married son, is likewise repre- sented as having received no benefit from' the estate before his death. He and his wife and child, as well as Frederick Eugene Kennedy, the only surviving direct heir, it is set forth, never received more than $40 a month, whereas the original allowance was between two and three hundred dol- iars a month. Attorney Linforth in discussing the re- markable evolution of the estate yesterday afternoon, in cornection with the facts and figures set forth in the papers of rec- ord, said: In 1873 the estate was estimated to be worth a \}uurnr of a million dollars. Now it is doubt- ful if the heirs could place their hands on $15,000 worth of property. Itis remarkable, to say the least, and the denouement will be awaitea with excited expectancy. As the records show, Mrs. Chaigneau was appointed guardian .of the estate and erson of Edward T. Kennedy’s baby girl, years of age at the time of her father’s death. Mrs, Kennedy felt much aggrieved that another should” be leue«i in char, of her child’s person and estate, and she employed Henry E. Highton to get posses- sion of the child from the grandmother. Mrs. Kennedy borrowed money from Mrs. Chappel with which to paI Mr. Highton’s fees, and gave her note at 4 per cent a §ll‘. The ladies were warm friends, and Mrs. Chappel, knowing the condition the estate was in, and being unable to collect on the note, brought suit. It went by default and she secured a judgment in the sum of $500. The piece of property at the corner of Van Ness avenue and Chestnut street was attached to secure the judgment. An effort was being made to sell the property at the time, and theintended pur- chaser, H. E. Law, refused to buy the lot with the attachment on it. Anarrange- ment was_finally made whereby he con- sented to buy, being allowed to hold back the amount of the attachment from the agreed Burchnu price. % g{‘m happel took a Sheriff’s deed to all Mrs. Kennedy's interest in the estate to cover the iudgmunt in order to facilitate the issue, and now a final distribution is sought that the attachment may be sat- isfied and Mrs. Kennedy and her child re- ceive their share in whatever there is left in the estate once worth a quarter of a mil- lion. In the petition the administratoris required to show cause why a final account :}:‘ould not be rendered and the estate dis- ibuted. ‘F;lcderick ‘Eugene Kennedy was seen yes- terday afternoon and' talked freely of the trouble he had in trying to secure a distri- 11 bution of the estate of his father, mother and brother. Hesaid: Icame of age six yearsago and have been working constantly éver since to bring affairs toaclose. At the time of father's death the estate was worth between 5 - 000, and now I doubt if it is worth $20,000, 1 have no hesitancy in saying that there has been gross manipulation somewhere. It is po- tent to the most superficial observer. Beyond a few hundred dollars I have received nm,{nng from the estate. Furthermore I have paidJ. J. Roach, the attorney for the estate, during the last twenty years several hundred dollars for which I have no receipt. When I was sick in bed four ‘years ago, Mr. Roach and the expert, Mr. Mayne, took my papers, among them my_ acccount and one receipt for $1¢ which I had paid Roach, Afterward, Roach fold me the account had been lost by his clerk, ana that another one ‘was filed in its place. 3 Mr. Kennedy made other statements relatiyve to the handling of the estate which reflected seriously on those connected therewith. SR 3 Mr. Roach, who lives in Sausalito, was called up by telephone at an early hour last evening, and after the case had been concisely explained to him, he was asked for a statement. He replied that he had no information to give at this time. WINTER BASEBALL SEASON. Four Crack Teams Will Start for California on Septem- ber 22. As announced by THE CALL some days ago, there is to be an effort made to revive baseball in California this fall and winter. It was stated that J.S. Barnes, manager of the Minneapolis team the past season, had secured a lease of Central Park and that he would bring four crack teams to California to play a schedule of games in San Francisco and the principal cities of the State. A letter received yesterday from Mr. Barnes by one of the local promoters of the scheme states that Barnes and Comis- key, the great firstbaseman, will leave St. Paul September 22 with the entire Sg. Paul team of 1895 and a team picked from among the best players of the Western League, to be known asthe All-Americans. They will travel by special car over the Northern Pacific, playing in the principal cities en route. The letter further states that Glenalvin, a player well known on the coast, will leaye at the same time with the Grand Rapids (Mich.) team in tow, together with a team composed of Califor- nia players, vicked from the National League. These will travel west by the southern route, playing on the way like the other combination. The four teams will meet at San Fran- cisco or Los Angeles and decide upon the four cities that shall compose the league, They will at that time arrange the sched- ule of games, and annouuce the playing days in the various cities. THE LAUNDRY SWINDLE. Albrecht and Bockman Arrested on Grand Jury Indictments. Fred Albrecht, president, and Henry ‘W. Bockman, secretary of the German- American Laundry Company, who were indicted by the Grand Jury for obtaining money by false pretenses, were arrested yesterday on Superior Court warrants. The particulars of the deal have already been published. A large number of people have been victimized by the swindlers. They were arrested some time ago and the cases are still pending in Judge Joachim- sen’s court. The prosecution did not.pro- ceed fast enough to suit the victims, so }he matter was taken before the Grand ury. Judge Joachimsen received a letter on Friday informing him that if he did not dismiss the cases he would be shot. The matter is now out of his hands, and he need not purchase a bullet-proof outfit. John W. Sclimitt is also wanted on the same indictment. He lives at Haywards, but has not yet been arrested. ———————— Patent Office Business of 1894-95. During the fiscal year ending June 30, 1895, the Patent Office received 36,972 ng; plications for patents, 1453 for designs, 7 for reisgues, 2183 for trademarks and 318 for labels, and 2314 caveats were filed. The office granted 20,745 applications for patents, reissues and designs, and regis- tered 1804 trademarks and six prints. During the year, 12,906 patents expired, and 5538 allowed applications were for- feited for non-payment of final fees. The total receipts were $1,352,947; expenditures, $1,195,557. General Annenkoff, a Russian geogra- pher, is preparing an atlas on a new prin- ciple. e places on the maps will be put down not according to actual distance from a standard point, but according to the cost of transportation. New York, forinstance, will be nearer to London than Rochester in Kent, as it costs less to ship food across the Atlantic than to send it twenty-eight miles by rail 1o London. SLEEPLESSNESS! The Most Dangerous Disease in the World, hut It Can Be Cared. How You Can Do It, and if You Are Not Affected, but Happen to Have a Friend Who Is Nervous, Tell Him of This. There is nothing which so quickly affects the whole nervous system aslack of sleep. In common parlancg, it is termed insomnia, and people who do not think pay little or no attention to it when it makes its first appearance. It is usually caused by nervous strain, and the weaker portions of humanity probably suffer from it more seriously than their “better halves,” but, of course, a woman is always supposed to be ill. No reason is apparent to any man who has the, power to think why woman should not be as healthy as man. True enough, the stronger half does not treat the weaker half with all the consideration which her more delicate organization demands. And it is not unusual for a wife—and a good, scnsible wife—when she has spent a sleepless night to say nothing of it to her husband. Now, this is altogether-wrong. If, in the morning, the husband feels unwell he invariably commences to ‘“‘growl.” He is not slow to say, “I’'ve not had a wink of sleep all night,” but he never seems to think that there may be some one else in the house who is as important to the home as he is, who may not have slept as well as she might have were she free from the little worries and cares of which he knows nothing and cares less. Off to the office—grumbling and growling all the way—goes the “head of the household,” and, scarcely able to stand up, on goes the woman with her daily routine of work, dressing children, strain- ing milk, washing clothes, making butter and heaven alone knows what not. But there are husbands who do have time enough and sense enough to think. Oneof these appears to be Mr. J. A. Maclane. Mrs. Maclane had been, according to his statément, a woman growing gradually weak for a year or two. He had spent a small fortune on doctors, on doctor’s prescriptions, on patent remedies agng all-the nostrums which are daily paraded before the public. He didn’t mind the money—he wanted to save his wife’s health. He was a man in fact as well as name. He stated some three months ago that if Dr. Henley's Celery, Beefand Iron would do his wife any permanent good he was will- ing to pay for a gross, to say nothing of a case. His last letter reads: “My wife’s back was so weak that she could scarcely hold her head up. To-day she could do the washing if I would allow her.” Here is another case in which Henley’s Celery, Beef and Iron has proven its unquestionable merit as a system-builder as well as a tonic and general sustenant. Have you tried it? PP —_— e PROPOSALS. PARTNERSHIP NOTICE:! EALED PROPOSALS WILL BE RECEIVED at the Folsom State Prison on Saturday, Se tember 28, 1895, between the hours of 9, and 10 A. 3., for furnishing & rock crushing plant, consist- ing of engine, crushers, screens, elevators and Decessary equipments, in accordanos with 28 tope- graphical maj eneral outline specifications, on file with W. R. *KART. Y00} 2 and 3,217 Nansome street, San Francisco, or the office of Burean of Highways, S8acramento. The board will let the contract to the bidder which, in its judg- ment, submits the best and most economical plant, reserving the right to reject any and all bids. The general outline specifications adopted by the Dboard are to be only as a gulde to bidders who are expected to submit plans, with full description of thelz proposed arrange ‘which they consider will secure the best results. Each bid must be accompanied by a certified check. payable to the undersigned. equivalent to ten per cent of the amount of tne bid, which will be forfeited if the successful bidder should refuse to enter Into a contract with a bond equal to one-half the amount satisfactory to t he < BRAINARD F. SMITH, Secretary Joint Committee. PROPOSALS 4 FOR LEASING !iINOOLH SCHOOL PROP- RTY ON THE SOUTHEAST CORNER OF MARKET AND FIFTH STREETS. OFFICE BoARD OF EDUCATION, 8AN FRANCISCO, August o7 "1895.} In accordance with & rcsoluron adopted by che Board of 1-ducation, sealed |Toposals Will bo re- o s Selosk . e foF ThY lonee. for the torm of ten ycars, of the Lincoln School property; on the sou heas. corner of Market & Fiffh Biretts, 278 feet on Market sireet, by uniform depth of 100 feet, as a whole or in subdi- ‘visions of frontage. t 25 feet e whole proj or leases for sub- flleul;o':: 'l“hreizfi. wiil gt ::vmed 1o the highest respot idder bidders, but no. 18 Lo Imnl:l‘z‘wwnfv:ubh entertalned unless the nth.lgnnl proposea to be paid shall or exceed @ board reserves the right to reject any orall blic may 8 18 DU FORGE BEANSTON, Secretary. OTICE—THE FIRM OF NEVILLE & COM- pany, beretotor doing business at 3153 Cali- fornia street, in_the City and County of San Fran- clsco, is dissolved. GEORGE H. BRYANT re- tires from the firm. SARAH A. NEVILLE and C. M. OSBORN. the remaining partners, are au- thorized to transact all business in liquidation of said firm and have assumed all the obligations thereof, and all claims are to be presented to them. GEORGE H. BRYANT, SARAH A. NEVILLE, C. M. OSBORN. The undersigned have formed a_psrtnership un- der the name of NEVILLE & CO., and will con- tinue to cerry on the same business transacted by the Iate firm of NEVILLE & CO. SARAH A.NEVILLE, C. M. OSBORN. HE BUSINESS HERETOFORE CARRIED on_under the name of PACIFIC LAUNDRY MACHINERY COMPANY, by the undersigned and J. E. CHAPPELL, has been terminated by the expiration of their contract on August 1, 1895. FOSHUA HENDY MACHINE WORKS. LEGAL NOTICES. IN THE SUPERIOR COURT OF THE CITY and County of San Francisco, State of Califor- nia.—In the matter of DUFFY BROS., insolvent debtors, Notice is hereby given to ail the cred- itors of CHARLES E. DUFFY, an insolvent debtor, who have proved their debts, that said CHARLES E. DUFFY has filed in said Superior Court hlu‘&fllufln for adischarge from all is debts and liabilities, and that by an order of said eourt all said creditors are required (o o] before said court, at the couriroom thereof, Department No. 10, in the New City Hall, in said City and County, on the 23d day of gqmmher. A. D. 1885, at the hour of 10 A. M., and then and there show cause, if any they have, wh said CHARLES E. DUFFY should Dot be discharged from all his debts, In ac- cormn With the statutes in such cases made and P Attest my hand and seal of said court this 21st of August, 1895. GE C. F. CURRY, Clerk. EAL. y WM. A. DEANE, Deputy Clerk. Awmn’s NEWS FOR 5 CENTS—THR ‘WEEELY CALL. in wrapper, for mailing.