The San Francisco Call. Newspaper, September 15, 1895, Page 7

HE SAN FRANCISCO CALL, SUNDAY, SEPTEMBER ‘15, 1895. T AMUSEMENTS. THEATER. — *Der Unglaeubige CoLUMBIA THEATER—“The District Attorney.” MOROECO'S OPERA-HOUSE—“On the Rio Grande.” T1voL1 OPERA-HOUSE—“Faust.” ORPHEUM—High-Class Vaudeville, GROVER'S ALCAZAR.— i s F " and A Ringen ACAZAR.—“Everybody’s Friend MACDONOUGH THEATER (OAKLAND) — “ Wife for Wife,” commencing to-morrow might. CIRCUS—At Central Park, Great Wallace Shows. GOLDEN GATE PABK—Golden Gate Park Band. STATE BOARD OF TRADE EXRIBIT.—575 Market etreet, below Second. Open daily. Admission free. PICNICS AND CURSIONS. OCEAN EXCURSIONS.—Steamship Pomona, to Banta Cruz and Monterey, leaves Saturdays, 4 P. due tack Mondays, b .M. Ticket office, 4 w Montgomery stre. TASTON, ELDRIDGE & Co.—Tuesday, Septem- ber 17, X e, at Salesrooms, 638 Market street, at 12 o’clock noon. WiLLtam J. Diy tioneer, 460 and auction Saturday, ritt Boulevard T CITY NEWS IN BRIEF. A successful first night was given yesterday et Grover's Alcazer, James Kier Hardie is to be asked to deliver lectures in this City and Oakland, The weather foreoast for to-day is “fair, rearly stationary temperature and fresh winds.” An Oakland organization, resembling Hull House in Chicago, will elect its officers next Tuesday. Three opinio ney-General y counties. Local yachtsmen consider Lord Dunraven’s sction in connection with the cup races un- sportsmanlike The Heal past week, The Real Estate Auc- treet, will sell at ptember 2N, the Lake Mer- prepared by the Attor- They related to outside r reports 113 deaths for the st 105 for the corresponding week of las . The Lowell High School held an interclass field aay for points at the Olympic Club ground: rday. ctor Clinten has asked the Board rs for & sixty days’ leave of ab- the State. rioneth, which arrived from Rio ro yesterday, had a case of scurvy on and was quarantined. re is some doubt among Federal officials as to the Government’s ability to confiscate the ing schoouer Winchester. Dr. Mackenzie is givinga course of lectures on “Modern Thought and Christian Faith” at the First Presbyterian Church. eat inspection order recently Tetary of Agriculture is not to to effect before October 16. wn tennis tournament was begun at the rnja Club grounds yesterday afternoon d this morning. F. Sullivan will be the chief speaker at reception to Archbishop Riordan at Metropolitan Hall t0-morrow evening. The last Board of Supervisors advocated the holding special election to passon the question of municipal ownership of water wor! Rabbi Julius Fryer made his first appearance re the members of the Congregation Ohabai ne yesterday and discoursed on the du- rabbi. rrington is suing C.C. Tripp and A. i for a_share of the compromise money d from Potrero property-owners sev- €ears ago. J. B. McTier, who calls himself a “colored ne man,” was arrested by the postal au- thorities yesterday for sending improper mat- ter through the mails. Rabbi Julius Fryer will be installed at the w synagogue of Congregation Ohabai Shal- and the dedicatory services of the temple will take place at 2 P. 3. 1it has been commenced against the 119 bolders of the Davie Transportation Com- T on three promissory notes,’ 8ggregating #5000, held by A. J. McGovern. Mrs. Joaquin de Campos and her four step- children are in litigation over a $9000 estate. The woman claims the property by willand the children base their claims on deeds. Miss Mackey, 306 Stockton street, was at- tacked by & crazy woman in the hallway of 425 Geary street, who stabbed her seven times in the face and body with & pair of scissors. Clarence Wendell and Dr. Robert Smith of Grace Church choir and Me: . Gage aud Me- Bain have been secured by St. John’s Presby- terian Church to form & new choir there. The British ship Merioneth, from Rio de eiro, was put in quarantine yesterday. When she left there were fatal cases of small- pox and yellow fever at the Brazilian port. On October 1 Senators Perkins and White, with the seven Congressmen-elect, will make a tour of inspection of the Sacramento and San Joaquin rivers and the harbors of this coast. The Iroquois Club will hold one of those annual and en joyable affairs known as a bulls- head breakfastat Sen Leandro to-day. A full sttendance of the club members is expected. Mrs. Susan Smith, the wife of one of Santa Cruz’s wealthiest citizens, makes point charges against her deceased mother in papers filed yesterday in the Matthew Crooks estate. Recardo Emparau, inspector of fisheries of Mexico, arrived in this City by the steamer i yesterday. He has been looking r the pearl industry in the Gulf ot Califor- Harry Houdlette, son of Captain e of the steamer Australia, was taken to the United States Marine Hospital yesterday with & broken leg, the result of an’ accident aboard ship. The State Prison Directors met yesterday at San Quentin and listened to petitions from the citizens of Marin County, who want the Warden to resume work with convict labor upon the Tiburon county road. The executive committee of the Goethe-Schil- ler festival, to be held in November, has authorized the expenditure of $7500 in decor- ating the Pevilion. Up to last night 1000 per- sons had registered to participate. Contractor Jordan has filed a protest with the Board of Supervisors against paying the san Francisco Paving Company for work done on Fell street on the ground that is was illegal and also on the ground that the alleged con- tract favored the company. Both the Federal and State quarantine offi- s at a conference yesterday decided to use every precaution to prevent the introduction of cholera from foreign ports. They expressed the opinion that there was absolutely no danger of its appearing here. The constitution of California declares that the railroad rates of freight and passengers fixed by the Railroad Commission shall in any civil or criminal controversy be ““decmed just and reasonable.” There cannot, therefore, be any appesal from the rates fixed. So say emi- nent constitutional lawyers. Construetion of a handsome theater hul!ding will begin within a_month at Howard an Sixth streets. The building will be five stories high, quite ornsmentsl in design and have an opera-bouse with a_seating capacity of 3090, 1t will be one of the largest and grandest amusement places in America. william Chester Payne, & young farmhand, recently from Davisville, Sacramento County, having become enamored of 8 woman named Ada Parker, alias “Queeaie Clark,” shot ner consort, John Risgk, at 32 Fourth street eurl; esterday morning and then killed himself. Rick's wound may not prove fatal. e following sentences were imposed yester- aaTyhbv Judge Beloher: Mantel Marshall, grand Jarceny, siX years insan Quentin; William Rusaefi, robbery, eight years in San Quentin; ‘Antoue Laurecilla, four years in San Quentin. John Burke, a burglar, was sentenced by Juage Bahrs to Folsom for four years. There seems to be conflicting stories of the jdentity of the sweet-pea girl in the Durrant case. The police say she is Mrs. C. J. Bowers of Oakland, while her friends maintain she is Miss Rose Holland, as stated in yesterday’s CaLL. This fact has led to the supposition that Durrant has two mysterious admirers, one or both of whom may become important before the trial is ended. tract for painting the Palace Hotel h;hheeecl;mlel. It is 1;ol' aint on the outside only and will amount o fully £18,000. The color is to be & dull mouse, and the time cony fomed 1n completing the work will be severa. months. The last time the hotel was painted the painters were brought from the East, but on this occasion none but local painters will be employed. E LA A eting of delegates from the various lor}é::’:fnl‘l?e An%:lenz Order United Workmen, to make arrangements for the celebration of the anniversary of the founding of theorder, held last evening, the committee on music was instructed to employ only union musicians. The following named were appointed the com- mittee on programme end talent: Messrs. Molloy, Danfortn, Trautner, Clement and McNaughton, IN'NO FEAR “OF CHOLERA, Such Is the Feeling of Both State and Federal Offi- cials. BUT RISKS WILL BE AVOIDED. Evéry Precaution Adopted to Pre- vent Its Introduction From Foreign Ports. There was a conference of three hours’ duration yesterday morning in the office of Port Surveyor W. D. English between Quarantine Officer Chalmers, Dr. John Godfrey of the United States Marine Hos- pital, Dr. C. T. Packham of the Federal Quarantine station at Angel Island, Deputy Port Collector E. B. Jerome, Port Surveyor W. D. English and Lieutenant H. B. Rogers, commander of the United States revenue steamer Hartley. Its object was the discussion and adoption of plans to thoroughly protect the City and the coun- try generally against the ~introduction of choiera, which is reported to be epidemic at Honolulu, thirty-two out of the thirty- nine cases reported among the natives since August 9 having proved fatal. * The general sentiment among the gentle- men present, who represent both the State and Federal Governments, was that there was absolutely no danger to be expected from the -Australia, which arrived from Honolulu a few days ago, and as showing that this opinion was founded on substan- tial grounds the two following letters were reaq: OFFICE OF THE BOARD OF HEALTH, { _ HoxNoLuLv, H. 1., September 5, 1895. We hereby certify that neither the customs officers nor any other persons have had access to the steamship Australia, her officers or crew, since her arrival in the port of Honolulu, September 2, 1895; that such duties as were necessary on the dock have been periormed under the survelllance of the Board of Heaith, and that the construction of the dock is such as 1o leave no doubtof the completeness of the quarantine to which the steamer has been sub- jected by said board while inport. J. B. CaSTLE, €ollector-General of Customs. WILLIAM O. SMITH, President Board of dealth. OFFICE OF THR BOARD OF HEALTH, g HoNOLULY, H. L., September 5, 1895.{ To Whom It May Concern: This is to certify that seventy-seven cabin passengers for San Francisco by the steamship Australia were this day thoroughly fumigated and disinfected previous to going on boaxd. C. B. REYNOLDS, Executive Officer Board of Health. Notwithstanding the good showing made by the Australia, it is not the intention of the aunthorities to take any chances in the future, as showing in the following com- munication: OFFICE OF THE CO! PORT OF SAN FR. 0, 3, 1895, Hon. W. D. English, Surveyor—Sir: Now that this office has official information that cholera exists in Honoluluy, as is evidenced by the bill of health presented on entry of the steamer Australia, 1 deem it proper to call your atten- tion to the rules and regulations presented by the Secretary of the Treasury, under the various acts of Congrese, for the treatment of the baggage of passengers on vessels &rriving from infected ports To the end that you may know if cholera or other contagious diseases exist at any foreign port, you are requested to direct the boarding officer to examine the consular bill of health of each vessel erriving at the same time that he inspects the manifesto, and to re- port immediately to you if such biil of healtn shows any cholers, smallpox or other infec- tious or contagious disease to exist at her port of elearance. 1f such is the case you will cause her luggage to be thoroughly examined to see if it bears the proper labels indicating inspec- tion or disinfection at the port of departure. If the lugrage does not bear these labels it will beneld by you and sent to the quarantine sta- tion at Angel Island and delivered to Dr. Pack- ham, in charge, for the purpose of being disin- fected as required by law. In view of the reported virulence of the dis- ease at Homolulu and the possibility of its existing at other ports, it behcoves the office to take every precaution to prevent the intro- duction to this country, and I trus; will impress upon the officers in your division the necessity of great vigilance and a_strict com- liance with the regulations of the Treasury })epnnmenr. Respectiully yours, E. B. JEROME, Special Deputy Collector. The principal object of the conference yesterday was to arrange plans for the most efiicient co-operation between ‘the State and Federal authorities, so that in- stead of the friction that has existed in the { past there would be perfect harmony and concert of action looking to the best inter- ests of the public welfare. It was agreed that the health authori- ties, both State and Federal, should take every precaution to prevent any infections disease from being brought into the City; that the customs authorities should assist in every way possible in enforcing the quarantine regulations, and that the quar- antine officers should facilitate the efforts of the customs inspectors in protecting the revenue interests of the Government so long as incoming vessels are subject to quarantine regulations. Among other things it was decided that customs officers when boarding vessels in company with the Quarantine Officer will, if there is any contagious disease on board, not be allowed to leave the vessei, but will go with the vessel to the quarantine sta- | tion and there be inspected before return- ing to the City. Every vessel that enters the harbor from a suspected port will be required to anchor within the quarantine limit and a thor- ongh inspection will be made, followed, if necessary, by fumigation. The vessels will be boarded by both the State and Federal officials, arrangements having been made by which Lieutenant Rogers will convey Dr. Packham from the Angel Island quarantine station to incoming vessels. No person will be permitted to have communication with such vessels until a thorough inspection has been made and there is no doubt that contagious disease does not exist thereon. 1If disease is found the usunal %\mrflnline regulations will be enforced. Dr. Packham iseorepared for any outbreak, but it is not believed that his services and resources will be called into requisition. The usual period of quarantine for cholera is five days, as its germs do not live longer than that time, while for smallpox it is fifteen days. In thus anticipating every possible con- tingency relative to the danger from in- fectious or contagious diseases the officials are confident that their introduction into this port will be made impossible. St N A’ LITTLE MARITIME LAW. Dr. Chalmers Apparently Did His Duty in Allowing the Belgic and the Australia to Land. Since the disappearance of Dr. Bowie, the surgeon of the Belgic, a great many rumors have become part of the daily news of the town, and speculation on what the law demands is part of it. As a matter of fact, very few people realize that thelaw as commonly accepted is in favor of both the surgeon and also the quarantine officer. 1f the Belgic upon her arrival at this port had a clean health bill from China, it was the duty of the quaran- tine officer here to permit the passengers, the freight, etc., to land. If Dr. Bowie toid Dr. Chalmers that the sick on board the BeIEic were troubled with pneumonia, it may have been a statement arising from an ignorance of the real disease, in which event he is not liable, because he has not willfully misrepresented the health of the ship. If the statement made by Dr. Bowie was true, then he is certainly exempt from the law, as the diseases mentioned by him were neither eontagious nor infectious. If there was no evidence of contagious or infectious diseases visible to Dr. Chalmers, znd the bill of health was clean, he did his duty in allowing the Belgic to land. 1In case the cholera did exist on board the Belgic, and there 1s nothing to prove that it did, the penalty would be a fine of not less than §100 nor more than $1000. It would seem that from the conditions CTOR OF CUSTOX s.; - existing on the Belgie, quite similar to those on the Australia, Dr. Chalmers did his duty in regard to the latter vessel, and that the law will uphold him. INTERCLASS FIELD DAY. Lowell High School sHolds a Series of Interesting Events at the Olympic Grounds. Yesterday was interclass field day of the Lowell High School. The students of that school and all their personal friends were present at the Olym- pic athletic grounds at 2 o’clock, and from that time until 5:30 P. . the eventsof a long programme followed each other in quick succession, and yet the full events scheduled for the day could not be com- pleted. The class of 97 won the honors easily by the score of 51 points; 96 having 41 and 98 a good third with 38 points to their credit. The purple and white colors sported by the class of '97 were to be seen on every side, and the rejoicing over the winnings of the day were loud and long. The first event was a 50-yard dash, won by W. P. Drum, ’97; P. Anspacher, '96, second, and O..- Wolf, 96, third. [lime, 614 sec. “f'he 100-yard dash was also won by Drum, '97; Wolf, '96, second; Anspacher, third. Time, 11 2-5 sec. The 880-yard run was won by G. F. Shaw, ’96; H. Moore, '97, second; C. Brotherick, 96, third. ‘Time, 2 min. 21? sec. The mile walk was won by A. Walsh in 9 min. 46 sec. F. Aitken disqualified for running. E. Choyinski, '97, won the 440-yard dash; Foster, "98, second; Lippman, ’96, third. | Time, 1 min. 214 sec. In the 220-yard dash W. P. Drum won, Anspacher second, E. J. Tabor third, Time, 2 min. 4 2-5 sec. Cutter, 98, won the mile run; F. J. Mc- Cormick, second; Whaley, '98, third. Time, 5 min. 39 sec. The first heat in the one-mile bicycle race was won by F. Rudolph, 97, the sec- mué heat by A.J. Moelier, F. Aitken sec- ond. The 75-yard low-hurdle race was won by Thorp, "98; Wolf, 96, second, and Carter, ’98, third. In field events the running high jump was won by W. P. Drum, ’97; A. J. Moeller; second. Time, 4 min. 115 sec. The running broad jump was won bK E. J. Tabor, 96, distance 17 feet 8 inches; Mont;fimery, second, with 17 feet 2 inches. H. Ham won the trial of putting the 16-pound shot, distance 32 feet 14 inches; ‘Woli second. PAINE'S MAD JEALOUSY. Enamored of a Woman He Puts a Bullet Into Her Consort. Afterward Sent Another Through Hls Own Brain, Which Proved Fatal. Wiltiam Chester Payne, a young farm- |'hand, who came to this City Tuesday night and put up at the Soto House, 32 | Fourth street, snot John Risk in the chin and neck early yesterday morning at their lodgings, and then sent a bullet through his own brain. He died instantly, but Risk bids fair to soon recgver. The cause of this intended murder, with its sequel of suicide, was jealousy. Payne, who was not more than 26 years of age, went to the Native Sons’ celebration at Sacramento and took in the State Fair. He had;worked on a ranch at Davisville. It is said that while at Sacramento he saw a woman of this City, named Ada Parker, but who is now commonly known as ““Queenie Clark,” a hanger-on of musi- W. Chester Payne. [From a photograph.] cal dives and a frequent visitor at the Thalia hall. Both the woman and Payne chanced to come to this City last Tuesday and - took lodgings at the Soto House, where the woman had Jlived for severa months. Payne secured room 25—next to that oc- cupied by the woman, The first night he assisted her to open her door when she was having some difficulty with the lock, and from that incident, it is said, an acquaintance started which developed into close frienc slxi’F. Wednesday and Thursday he spent with her and on Friday evening he took her to supper. He acted like a green country boy and spent money freeiy for her. He also gave her some. On Friday night the woman’s supposed husband, John Risk, put in an appearance and Payne waited feverishly in his room until morning, when Night Clerk Chap- man thought he had him about quieted down. During thenight he haa attempted to break into the room occupied by Risk and the woman. At6 A. m. Risk was up to go to work, and as he left his room Payne alluded to him with a vile epithet. Risk returned instead of going on his way and asked Payne if he intended the epithet for him. Payne's reply was a pistol shot, a 38-caliber bullet from his Smith & Wesson revolver being sent through Risk’s chin and into his neck. It lodged near the windpipe. s Payne also pointed his weapon at the woman, but she pleaded with him and es- caped downstairs. Then Payne iocked himself in his room. Special Officer Guil- foyle tricd to break in, but Payne threat- ening to shoot him, the officer desisted. Payne called out through the door to the woman, who had returned by that time:. “Queenie, have you got my ring?” Her reply being in_the affirmative he told her to keep it, and asked her if she would forgive him. Immediately a second report of his pistol was heard, and Special Guilfoyle broke the door in and saw Payne lying on the floor dead, with a bullet-hole in his right temple. According to & memorandum-book in his pockets he had handled over $450 since last April. He told the woman when he ave fler his ring that it was from his ying mother, and subsequent]; mother was in Portland, Or. is in Red Bluff. Assistant Police Surgeon Fitzgibbon ex- tracred the bullet from Risk’s neck, and the object of Payne’s murderous intention was taken from the Receiving Hospital to the home of his brother, Joseph Risk, 36 Liberty street. " Payne’s body was taken to the Morgue. The young man had been dissipatin; freely all the time he was in this City, an drank heavily all Friday night, ' said his is trunk THAT CUT IS A FIXTURE, There Is No Appeal From the Order of Railroad Com- 7 missioners. THE CONSTITUTION SAYS 80. If the Commission Did Not Act In + Good Falth It Has Overshot the Mark. The action of the Railroad Commission in declaving for a 25 per cent reduction on general freight and 8 per cent on grain hauled to points within the State came upon the people of the State in the nature of a shock of surprise. Literally it appeared as something too good to betrue. People discussing iton the street yesterday had a fashion of looking into eath other’s eyes in a questigning way, each to discover if the other had a thought he did not wish to express. Others felt no delicacy about expressing it, but declared flatly that ‘‘there must be some string to it; I will reserve my decis- ion on the matter until I see or bear more about it, it is all too big and too sudden.” Some went so far as to express the belief that it didn’t mean any reduction atall; that some technicality would develop itself before very long that would prove this. This view, however, was limited to the over skeptical—for it was generally ad- mitted that a 25 per cent reduction could hardly go into effect without a reduction of 25 per cent taking place. But would it go into effect?—there was the.rub. And on this point seemed to hinge an all-pervading overshadowing doubt. 3 All this skepticism naturally could not have sprung up without certain roots. They consisted, 1f not in the previous rec- ord ‘or predilections of members of the commission, at least in the public esti- mate of them. .Many people, however, accepted the ac- tion of the majority of the commission in the language of Andf Clunie, when he was asked yesterday what he had to say of La Rue’s alleged expression of regret for having voted for the reduction. “Whatever he may have said after the vote has nothing to do with. it,”” said Clunie. “The fact remains that he voted for it, and that should be sufficient—it has the desired effect.’” Certainly if it has the desired effect no one will be disposed to quibble about their subsequent expressions of opinion. The prevailing opinion is, however, that it will not have the desired effect—that is, that the Railroad Commission, in ordering such a radical reduction, merely plays into the hands of the railroad company, giving that corporation ample grounds for askin, the court to set aside their finding ans giving the court just provocation for set- ting it aside. This grows out of the frequently ?notea threat of the railroad company people that they would ngpeul if any deep cut in the rates were ordered, which carried with it :ihe assumption that they had the right to 0 so. But have they that right? The constitution of this State of Cali- fornia says ‘‘no.” ‘Whatever there may be in all the long line of acts of the Legislature that may appear to confer this right, and upon which the railroad company may be de- pending, the constitution very emphati- cally, positively and directly says NO. In pointing this out an eminent con- stitutional lawyer said yesterday : “To me this wholé thing looks like a mark overshot. One may trace the un- derground borings of the gopher by the ridges in the surface. The play was too plain. It was even put uE that Clark should make his protest, as he did, in or- der to fool the suspecting. But there are not many in this community, with all the previous proceedings, to draw conclusions from. Why the action of Stanton on the very day before is inconsistent with this radical proposition of his. Certainly his acts and expressions of the preceding weeks since his election are so. I believe the purpose of this reduction is simply to vut the railroad company in the position to prevent reduction by appealing to the court, making a plausible showing and having the court overturn the order. “‘I believe the order was made by advice of railroad attorneys that such a thing could be done. Witness the frequent guuung of that Texas case, where the or- er of the Railroad Commission was set aside. But whoever bases opinion either upon a Texas case or upon any acts of Cal- ifornia Legislatures has overlooked the constitution of the State, and that is a very material oversight. The constitution clothes this commission with power to fix the rates, and 1t says that ‘in all contro- versies, c1vil or criminal, the rates of fares and freights established by said commis- sion xhsfi be deemed cenclusively just and reasonable.’ “The language could not be stronger. That word ‘conclusively’ settles the bus ness. It admits of no contravention, mis- construction orappeal. Thelanguage is to be found in section 22 of articleX1I, which, after stating that the commisdion has the vower and it is itsduty to fix rates for freight and pqssenfera upon all roads -within the limits of the State, goes on to say: Any railroad corporation or_transportation company which shall fail or refuse to conform to such rates as shall be established by said commission, or shail charge rates in excess thereof, or shall fail to keep their accounts in accordance with the system prescribed by the commission. shall be fined not exceeding "$20,- 000 for each offense; and every officer, agent or employe of any such eorporation or com- pany who shall demand or receive rates in excess thereot, or who shall in any manner violate the provisions of this section, shall be fined not exceeding $5000 or be imprisoned in the County Jail for & term not exceeding one Inall controversies, civil or criminal, the rate of fares and freights esfablished by said - e S SR st o, Teasonadie. ¥ * * The Leglshtlue may, in addition to any penalties herein premr{fied enforce the article by forfeiture or other- wise. * * * The Législature shall have power by two-third vote of all the members elected to such house to remove any one or more of said Commissioners from office for dereliction of duty or corruption or incom- petency. “That, mind you, is the constitution— the supreme and fundamental law of the State. No aets of Legislatures can avail against it—any act in conflict with it is sxmpl}g inoperative. So there you are. The Railroad Commission has ordered a reduction of 25 per cent, and whether they meant to do so or not the reduction will be made, and no court can set it aside, what- ever gleadin is made or evidence is intro- duced. If the commission has been reiy- ing on that they have overshot the mark. STILL ON THE ROCKS. A Cablegram From Yokohams Yester- day States That the Belgic Ha: Not Been Floated. v , A cable dispatch was received from Yo- kohama by the officials of the Oriental and Occidental Steamship Company in this City stating that the steamer Belgic was still on the beach stranded fore and ait. The dispatch which reached " the City Friday giving the information that the steamer had been floated came throngh- the Associated Press. Yesterday’s news is official and is without doubt correct. The cablegram further stated that the vessel is resting easily and the hull uninjured. All the pecessary appliances for floating the vessel were at hand and the prospects of success were favorable R e s comracend Held for Perjury. W. C. Isancs was yesterday held by Judge Conlan to answer before the Superior Court in $1000 bonds on the charge of perjury. He was & witness in acase of petty larceny against Jat?_hs rks, charged with stealing a silver pitcher from Mrs. Thomas, 11 Kearny street, and while on the witness-stand ‘f." testimony which other witnesses proved to be false. and his wife were employed in Thomas’ lodging-house. - * ALMOST A TRAGEDY. Thomas Tierney, a Hotel-Keeper, Fires Upon the Men Who Had As- saulted Him. Yesterday afternoon Thomas Tierney, a hotel-keeper, was assaulted at the corner of Davis street and Broadway by John Good- man and two other men., He drew a re- volver and fired at his assailants, but the bullet striking a silver dollar in Good- man’s pocket was turned from its course and a fatality averted. The three men fled and Tierney was arrested by the har- bor police and booked on a_charge of as- sault to commit murder. He states that Goodman with two pals were once con- victed of robbery, and they always consid- ered Tierney as instrumental in causing their arrest. Some time ago he received permission to carry a revolver to defend himself, as he had heard of their threats against him. T FLTERS FOUL AR New Breathing Apparatus for the Local Fire Depart- ment. A Machine WIill Be Given to Each One of the District En- gineers. There has been a little machine lately introduced into the local Fire Department, and its effect upon life and property can hardly be estimated. It is a respirator, a sort of air filter, by which the men will be enabled to enter the densest smoke and work in it without being suffocated. ‘There are but two of them so far in the department, but two more will follow soon and more will come after. District Engineer Wills, whose territory covers part of the business section of the City, was The New Fire Department Aspirator. given the first one, and he has used it for some time. He has made several im- provements in the manner of carrying the machine which have greatly improved its adaptability to hard service. The respirator is properly two distinct instruments—one an appliance for breath- ing in the pure air and expelling the reath directly, and the other a kind of filter to purify the atmosphere breathed. This filter is strapped upon the back, and weighs when ready for use about three ounds. It iscomposed of three cylinders, rom the central one of which there runs a hose to the mouthpiece. The side cylin- ders are abbut eight inches long and two inches in diameter, and the central one is slightly larger. !%ach of the side cylinders is charged with about a balf pound of burnt bone. small loose wad of absorbent cotton is first inserted, then some of the burnt bone, then another small layer of cotton, then more bone and then more cotton. A perforated bottom is then screwed on the cylinder over the last layer of cotton. In the cen- tral cylinder a preparation of sixty per éént of glycerine and forty per cent of water is poured until it lies about two inches deep in the bottom. To protect the eyes a gair of goggles with pneumatic cushions fit close to the face. These haye little movable brushes on the insides of the glasses by which they can be cleaned, while a handkerchief can be used to clean the outside. In addition, as a protection agflinst beat, there is pro- vided a soft leathern hood, with goggles and a mouthpiece fitted to it. A signal whistle worked with a bulb, to be used when the respirator is in action, completes the new outfit. The respirator is supposed to stand forty- five minutes of continuous breathing in the foulest air without being recharged. It costs $50. There is another respirator being inves- tigated by the department which, while more expensive than the ones now in use, seems to be effective where the other is lacking. This is one which contains a tank of compressed air, which is allowed to escape at the proper pressure, and none i)f the noxious gases can ever reach the ungs. It often happens that fires can easily be extinguished if the men can only reach them, but because that is impossible, the whole place must be flooded. Such a fire was the one in Gump’s. It wasin the basement, and holes had to be cut in the floor and the place flooded with water. It caused thousands of doliars worth of damage. A man with a respirator could have dragged the hose from a chemical engine into the basement and extinguished the blaze with a loss of probably $150. For this reason the little machines may be of inestimable benefit in the future. RS v b THE FEDERAL COURTS. UNITED STATES CIRCUIT COURT OF AP- PEALS. Meets September 16. United States vs. Jane L. Stanford, executrix; set for argument Sepiember 16. UNITED STATES CIRCUIT COURT. [Before Joseph McKenna, Judge. 1 The following law and motion calendar will be calledat 11 A. M. fo-morTow : Reinhart vs. McDonald; demurrer and motion to dismiss. United States vs. Bryan et United States vs. Yates et ry va. O'Connor et demurrer. demurrer. lemurrer. lemurrer. lemurrer. Pierce vs. Phipps et al. r vs. Moore; demurrer. Pierce vs. Wyatt: demurrer. Plerce vs. Wyatt: demurrer, ‘Hofschulte vs. White et al.; demurrer. Eltinge et al. vs. Hewell; demurrer. Cary Manufacturing Company vs. Bernheim et al; demurrer. McLaughlin vs, Western Union Telegraph Com- pany; demurrer, Vaz vs. Pacific Mall Steamship Company; de- murrer, United States vs. Langdon et al.: demurrer. Mercantile Trust Com, V8. Atlantic and Pa- %fix‘:’lm Company ; demurrer of United States Waite vs. City of Santa Cruz; demurrer. . Chapman vs. Marye et al.: order to show cause. Plorce vs. Phipps et al.: order to show cause, Eizleri vs. Rossi: order to show cause. | Bowers vs. San Francisco Bridge Company : peti- ‘tion for rehearing. Pinney vs. Bonanza Gold Mines; motions for bill of ticulars, etc. inney vs. Bonanza Gold Mines; same motions. Renshaw vs. Treadwell et al.; motions to strike ont aAnswers. _Kirkpatrick vs. Glide; in re master's report. * Covwell vs. Giregg: motion for return of deposit., McNeese vs. County of Calaveras; motion for new trial. Bouldin et al. vs. Phelps et al.; motion to disallow biil of exceptions. Eltinge et al. vs. Mathews et. al.; motion to set cause. McCracken vs. Hauck et al.: motion to open judgment. ® UNITED STATES DISTRICT COURT. Judge W. W. Morrow sits on the United States t Court of Appeals L0-mOITOW, ALONG THE WATER FRONT, The Ship Merioneth Arrives With Scurvy From Rio Janeiro. SHE IS 1IN QUARANTINE. Terrible Experlence of the Ship Benjamin Seawell in Gales off the Horn. The British ship Merioneth arrived yesterday, ninety-two days from Rio de Janeiro. She was boarded by the Quaran- tine Officer, Dr. Chalmers, who found Andrew Anderson, a sailor, afflicted with scurvy. He had been sick in the bospital at Rio and bas been' ill all the way from that port. Dr. Chalmers detained the ship at the quarantine grounds, turning her over to Dr. Packham of the United States quaran- tine station at Angel Island. On the vessel’s bill of heaith United States Consul-General Cleary reported thirty deaths from yellow fever, three from choleraic dysentery, which is simple cholera, and eighteen from smallpox. The vessel left Rio June 11. In his re- marks the Consul says: ‘“None of these diseases are considered epidemic. The health at the port is good for this time of the year.” The health authorities did not think there was any particular danger in the Merioneth, considering the period of time that had elapsed since her departure from the Brazilian port, but they deemed it ad< visable to take the safe course and there- fore quarantined her, particularly because her ballast is gravel and soil taken on board at Rio de Janeiro. The vessel is not really in quarantine, but merely detained at the station until the health authorities determine what to do with the ballast, this being soil and gravel taken from the beach of the most plague-stricken place in the world. The sanitary officials feel that they have a cargo of possible danger on their hands. The Harbor Commissioners will object to having it dumped in the bay and it cannot well be disinfected, so the ship and the load of Brazilian republic in her hold is tied up in the quarantine grounds. The sick man will be sent to the hospital and the ship fumigated. The British cruiser Hyacinth arrived in port yesterday from Hsquimalt. She is the first English vessel to visit this harbor for several years. The Hyacinth is an old vessel of 1420 tons burden, 200 feet long, 38 feet beam and 15 feet 9 inches depth. Her engines are of 950 horsepower and she was built in 1881, costing $335,000. Her battery is eight 6-inch, one Il-inch and four machine guns. She will remain here to coal and prepare for her voyage home, when she will go out of service. At Co- quimbo, on the coast of Chile, she will be relieved by the cruiser Cordelia on her way out from Engiand. 'he_American ship Benjamin Seawell, Captain Seawell, came in yesterday, 201 days from New York. Shehad adisastrous trip, and was battered by sea and gale all around Cape Horn, May 16, in latitude 51 south and longitude 63 west, she met her first strong blow, which carried away the mizzen and lower topsails, unshipped hatches and flooded thecabin. Boats were stove in and the rails smashed on both sides. The ship was hove to, butso fierce was the gale that she drifted to leeward like a racehorse. On the 2lIst she again encountered a storm, which smote the ship with freater fury than before. Several topsails went to shreds, and the seas boarded the vessel so often that the decks were kept full of water for hours, makin, it impossible for the men to move forwar or aft. June 4 saw the noble ship bendin, down under another storm, whicg seemed to whirl her around to all oints of the compass. The steam aunch and donkey-engine were wrecked and the cabin again flooded. A sick man named Benjamin Carleson lying in one of the rooms was dashed around in the tor- rent of water, the patient being unable to help himself. The galley was wrecked, and the Chinese cook badly injured. The water tank on deck was stove in and ran empty. The storm lasted so long that the people on board being unable to get at the water in the hold suffered from thirst, and also from hunger, as the galley was in ruins and the stores were damaged by the seas that battered themselyes into the storerooms. They managed to cook a little food in the cabin, and finally pro- cured water from below. - During the gale the men could not go forward, but remained aft perched up on the higher gnru of the deck out of reach of the seas. The ship was practically un- manageable, and she went where the wind and waves pushed her. They tried to make several places in search of shelter, but were blown off again. OnJune 16 they saw a large painted-port ship drifting in the stormy ocean. She was a British ves- sel, without sails, some of her spars gone and no signs of life on board. The Seawell did not stop to ‘examine the derelict, and her officers have no idea who she was. June 20 they put in at Tome, on the coast of Chile, south of Valparaiso, where Carleson died July 3. The ship sailed from there July 7. The American !hi¥ Conqueror arrived yesterday 127 days from New York, and the British ship I{eacon Rock from New- castle, England. The British ship Levenbank came in 58 days from Newcastle, ‘Australia, and the overdue British four-master Otterburn 175 days from New=astle, England. The voy- age was a misenbl{h stormy one and the seas were boarding them all the time while in the vicinity of the Horn. The passage began badly, for shortly after sailing a sailor named James Nichol- son was sent aloft to the upper mizzen top- gallant yard to perform some task. That was the last ever seen of him. It is believed that as he was not strong, having just re- covered from a spell of sickness, he grew dizzy lnd(u pitched overboard, dropping in the water unnoticed. The Italian ship Emanuele Accame, ar- rived 143 days from Swansea. She was damaged while in 8t. Georges Channel and was repaired at Swansea, taking aboard ‘steel fore and main masts and lower yard. LADIES' ORCHESTRA. Professor Roncovieri Will Hereafter Be the Leader. Professor Roncovieri has accepted the leadership of the Ladies’ Saturday Morn. ing orchestra, made vacant by the resigna- tion of Fritz Scheel. The place was offered to J. H. Rosewald, but he declined, and immediately after Professor Roncovieri ‘accepted. Al Marks, Mr. Scheel’s manager, says the rumor that the professor vnsorcod to resign because of neglecting his duties with the orchestra is without foundation: *‘On the contrary,” continued Mr. Marl 'Mr. Scheel was very poputar with the ladies, and left only because he had more than he could attend to. He resigned about a month ago.”’ A Woman in Trouble. Not serious, but still 1t’s one of woman’s troubles to get the proper thing in corsets. It you would develop the most perfect form possible, have the most comfort and value for your money, go to Chester F. ‘Wright's Corset-fitting Parlors, 10 Geary street, corner of Kearny, first floor up- stairs, and have a Royal WOrcester eorset fitted as it should be.” Every full name on the inside ta; « Mills College and Seminary. The Bryant Literary Society held its monthly ‘meeting on Friday evening. An interesting ‘paper was read by Miss Alice Rutherford, wao pair has ahe former teacher. 7 has just returned from Europe, where she has been spending a year with Miss Henderson, a *he subject of her paper was: “Qur Trip Through Egypt.” Miss Rutherford brought a fine collection of coins for the college, and also one or two valuable pictures. ————————— Park Music To-Day. Herr Fritz Scheel and A. Spadina, directors of the Park band, have arranged an attractive The programme for this atternoon’s music. numbers are as follows: “Trinmphal March”. Overture, “Festival” Waltz, “The Skaters’ Intlodnczlnn.“l’ll%rlm Evening Star” from “Torchlight March No. 3" March, “Marceau. . Overture, “Bohemian Girl’. ‘Waltz, “New Vienna™. Cavatina, “Robert Le Diable". Trombone solo by T. Grand fantasia, =Albion”..... THE OWL DRUC CO., CUT-RATE DRUGGISTS ! 1128 Marliset Street, SAN FRANCISCO, 820 S. Spring Street, LOS ANGELES, Siill the Owl Hoots Louder Than Ever With Prices Lower Than Ever! Read the Following List and Con= vince Yourself : Toc Will Buy 85 Will Bay Pinkham’s Vegetable Warner's Kidney and Compound. Liver Cure. Wampoles’ Cod Liver Allen’s Pure Mals oil. Whisky. Skookum Root Hsir- Painter’s Coca and Cele grower. ery Tonic. Listerine. Maltine, plain. Baker's Honduras Sar- saparilla, Miles’ Nervine. Bromo Seltzer, large. Henley's Celery, Beet and Iron. 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Dlnms-nonm—&flni Extension Table, four Solid Oak Chairs. Kitchen—No. 7 Range, Patent Kitchea Table and two chairs. EASY PAYMENTS. Houses furnished complete, clty or country, any- where on the coast. Open evenings. M. FRIEDMAN & CO., 224 to 230 and 306 Stockton and 237 Post Street. Free packing and delivery across the bay. AN OLD LIGHT RENEWED. e A UNIQUE DEVICE. A Oandlestick, A B-Sun Lamp Chimney, Make the DAISY LANTERN! Will Withstand a Hurricane. Cannot Blow It Out With Hat or Fan. BY For Sale by All Whole- sale and Retail Mer- ehants. Sample by mail. EKENNEDY'S Novelty Age ‘Oakland, Cal, " CUT RATE! ' CABINET, $2 A DOZEN. MORSE’S, 916 MARKET ST. —_— HIEL DE REDWOOD—HEART OF TAR Santa Cruz_Mountains; reduced rates for S8pt., Oct. and Nov. Send for circular to M. 8, CUX, Laurel, Cal,