The San Francisco Call. Newspaper, September 18, 1895, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 18, 1595. ‘WEDNESDAY........... SEPTEMBER 18, 1895 AMUSEMENTS. BALDWIN THEATER.—* Dorcas.” COLUMBIA THEATER—* The District Attorney.” ouzigxosco's OPERA-HOUSE—“The Great Metrop- TIVOLI OPERA-mOUSE—“Lucla di Lammer- moor.” ORPHEDM—HIgh-Class Vaudeville. GROVER'S ALCAZAR.—*Everybody’s Friend” and “A Ringer,” STATE BoARD OF TRADE EXWIBIT.—575 Market Open daily. Admission‘ree. AND EXCURSIONS. the famons Big Trees, by the street, below Secons PICNI Fx Southern Pacifi OCEAN ExcUm unday, September 22. eamship Pomona, to , leaves Saturdays, 4 P. A.M. Ticket office, 4 il AUCTION SALES. BY Joseen T. Terry—Furnliture, at 74 ¥Market sireet, at 10 o'clock, T + September 19. WrLLrax J. Dixere—The Real Estate Auc- tioneer, and 462 Eighth street, will sell at auction Sautrday, September 28, the Lake Mer- Titt Boulevard Tract BY S. W krixs—Hor 80n streets, Friday. Se at Twelfth.and Harri- er 20, at 11 o'cloc! CITY ITEMS IN BRIEE, The police are investigating an attempt to wreck fire engine 4 on Monday night. Forecast Official W. H. Hammon predicts Tain for this and generally fair during the day. C. J. A. Pope and Helen A. Karnstadt yester- day recorded a declaration that they married on March smbe s of the eycling annex of the ub haye seceded, and will form a pooner of Cincinnati is inthis City for his wife who left her home with tle son six weeks ago. Kennedy estates are coming to a ement. orney Lynch was given which to close them up. of the Fair estate S . Brooks and W. on & §3500 note. Joseph Leggett answers certain objections to the feasibility of his plan of attracting manu- es by exempting them from taxation. Mrs. Eliza Meiggs Sharp is trying to have a local trustee appointed to control the estate left by her father, a Connecticut millionaire. George H. Gallagher, a professional nurse, was arrested yesterday for forging two orders for sugar upon Tillmann & Bendel, wholesale grocers. At their session vesterday the Railroad Com- missioners adopted a revised schedule of grain ireight rates, making a horizountal reduction of 8 per cent. Police Corporal Henry H. Handley died at his mother’s residence, 430 Golden Gate ave- Due, early yesterday mOrning, aftera linger- ing illness. Thomas O’Brien, a young man who preferred to hang around saloons to labor, was sent to the County Jail yesterday for si¥ months by Judge Low. Mrs, W. T. Hooper, 1821 Lyon street, in- censed af the action of James Benson, a burly beggar, followed him two blocks last night and arrested him. The trustees of the Second Unitarian Church have accepted Rev. Leslie W. Sprague’s resig- nation and action will be taken upon it by the church Sunday. A.J. Lewis, a member of the firm of Shreve & Co., while temporarily insane committed suicide at his residence on Sacramento street yesterday afternoon. Charles Walker, Alfred Cappola and John Cesey, three young men, were booked at the Prison yesterday on the charge of burg- lary, their first experience. The Civic Federation proposes to attack the validity of the Sunnyside iranchise granted to the Market-street Company by the Solid Eight of the Board of Supervisors. eral lands committee of the Miners’ made its formal reply to Land of the Southern Pacific yesterday, L. Dickinson to collect The Southern Pacific Company yesterday ed a protest with the Railroad Commission st the 25 per cent ayerage reduction of it rates on its lines within the State. I. Percy Mills, the San Jose attorney, and ss Mabel Holmes, the Oaklana bloomer girl, who were married by contract last Monday, got out a marriage license yesterday and Were mar- ried by a Justice of the Peace. Miss Jessie I. King, dismissed for eight nths by the Board of Education for insubor- ation, ought to be paid her full'salary, ac- cording to an opinion just handed in by City and County Attorney Creswell. Jud%e McKisick goncluded his argument on hehalf of the Government in the Stanford case before the United States Court of Appeals vesterday. Judge Garber will begin his on ‘bebalf of Mrs. Stanford this morning. The importsnt witnesses in the Durrant case yesterday were Martin Quinlan, the attorney, s. Leak,who resides oppogite Emmanue ch. Both saw Blanche and the prisoner together on April 8, in the afternoon. In their annual report the Trusteesof the Free Publie Library have asked the Board of Supervisars to build an elevator for the service of patrons. They expect to establish another branch iibrary at an early date. A number of well-known professional ball }'rl“}'&l‘i have been formed into a Californis eague to play in the principal cities of the coast during the winter season. John Barnes of Minneapolis is at the head of the scheme. Catherine Diaz, the young woman who threatened to hang herself on Monday because she was refused admission to the Almshouse, was convicted of vagrancy by Judge Conlan yesterday and sent to the Branch Coun ty Jail for six months. The State Board of Health, the City Board of Health and representatives of the United States Marine Service met in the Mayor's office yesterday and declded on united action in meeting any approach of the cholera from in- fected Pacific ports. The_trial of Martin D. Howell hasbeen set for November 7 mext. The Government is ready and willing to push the charge of pass- ing counterfeit money against the prisoner, but the defense is notready. The chances are the case will be heard on the date set. CUORPORAL HANDLEY DEAD. A Capable =and Esteemed Police Officer Succumbs to a Lin- gering Illness. Henry H. Handley, corporal in the Police Department, died at his mother’s residence, 430 Golden Gate avenue, about 2 o’clock yesterday morning after a linzer- ing illness. He was for many years & sufferer from enlargement of the liver, and abont three months ago he was forced to retire from active duty and take to his bed. His death was expected for some weeks. He was born in Napa on February 27 1854. He followed the hotel business till he was_appointed on the police force on June 12, 1884, He soon developed excep- tional talent and Chief Crowley removed him from street duty and placed him on special service. For some years he and Corporal Lean were partners on the lottery detail, and after the rtnership was dis- solved Handley continued on the detail till about two years ago. Afterward he did regular detective duty. He was made a corporal on Junuarg 20, 1893, and was one of the three namex by Chief Crowley to go on the detective force when the number was increased from twelve to fifteen. The deceased was a capable officer, and if he had been spared would have given a good account of himself. He was ighly esteemed by his superiors and brother offi- cers. He was divorced from his wife about six months ago, but leaves a daughter and his mother to mourn his loss. ————— Swallowed Carbelic Acid. Manuel Garcia was found on Sixth and How- ard streets at an early hour yesterday morning in an unconscious condition. He was taken to the Receiving Hospital, where it was found that he had swellowed carbolic scid, Dr. Fitzgibbon applied the usual remedies and 1ast night he Was pronounced outof danger. He refused to say why he had swallowed poison. ¥or Injury to a Child. Harry Harris is suing the Market-street Rail- wey Company for $25,000 on sccount of in- juries sustained by his three-year-old son, Har- old Harris, at Jackson and Mason streets, The Doy was struck by & car on Jw 31 and it is charged that the company had not provided the safeguaras requlm* by law. ENTITLED TO HER SALARY Opinion In the Case of a Teacher Dismissed With- out Cause. INVALID ACT OF THE BOARD. Miss Jessie I. King Wil Be Pald for the Time She Was Deprived of Her Class. City and County Attorney Creswell has handed the Board of Education his opinion in the case of Miss Jersie I. King. It isa very important opinion, and a good many similar cases hinge on it. Charges of incompetency were preferred against Miss King by her principal, and she was cited to appear and make answer. She declined to do so. Then chargesof in- subordination were preferred against her. She put in no defense, and was tried and dismissed from the School Department. Eight months later she was reinstated as a regular teacher, and ordered to report for regular duty. She at once put ina claim for back salary, on the ground that she had always been ready and willing to teach when called on, and had never been legally dismissed from the department. The Board of Education refused to allow her bill, and referred the matter to City and County Attorney Creswell for advice, In summing up the points submitted to him in the case Attorney Creswell said: Bection 171 of the rules of the Board of Edu- cation provides thatail complaints or charges against teachers shall be duly specified in writing, and that the committee to which such complaintor charges shall be referred *shall give the teacher or employe so charged & fair hearing.” In the King case the only complaint or charge was contained in the semi-annual re- port of B. Dixon, principal of the Edison Pri- mary School, filed in June, 1894, from which it would appear that Miss King wWas not & suc- cessful teacher. A copy of this report was given to Miss King, and after some delay she was finally notified that her case would be heard by the Committee on Qualifications of Teachers on November 12, 1894. At the time appointed Miss King did not put in an appear- ance, but sent a certificate from her physician to theeffect that she was too ill to be present. The committee went on with the hearing in her absence and took the testimony reported to the board. From this testimony it appears concl vely that Miss King was tried forin- subordination, an offense with which she had not been charged, and that no evidence what- ever was presented as to the charge of ineffi- ciency contained in the report of the principal of the Edison Primary School. B. Dixon, the principal of this school, was not called upon 10 substantiate her report,and the testimony of Miss Smith, Mrs. Brogan and Mr. Wade, the only witnesses examined, while very strong upon the question of insubordination, does not touch upon the charge of inefficiency at all. 1f the consideration of the matter be con- fined to the charge of inefficiency there was absolutely no testimony whatever before the Board of Education upon which they would be justified in dismissing a regular teacher; and if the matter of insubordination be considered it appears that no written charge of insubor- dination was ever made or filed against Miss King; that she was not informed that she was expected to answer to any such charge, and consequently that no opportunity was given her to collect and present testimony in her de- fense. In other words Miss King was notgiven & ‘fair hearing,” as required by the rulesof the Board of Education. The board itself seems to have acknowledged this fact by rein- stating her. It has been necessary to consider fully the matter of the attempted dismissal of Miss King in order to answer your guestion as to her salary. The order of dismissal made by the ’predc('es:ors in office of the present board be- ng invalid did not sever her connection with the School Department and could bave no ef- fect upon her status as a teacher other than to prevent her from attending to her duties. =lam of the opinion that if Miss King has een at all times since her attempted dismissal ready and willing to perform her duties as a teacher she should receive her salary during the time she was prevented from sefloming lih('m by the invalid act of the Board of Educa- tion. Miss King will therefore be paid salary for the full time she was deprived of her class. T0 WRECK A FIRE ENGINE Cartridges Placed at the En- trance to Engine Com- pany 4’s House. The Engineer Narrowly Escapes Being Seriously Injured by the Explosion. The police are investigating a malicious attempt to injure members of the Fire De- partment and destroy the property of the department. On Monday night about 7 o’clock an alarm of fire was rung from box 54. The box is attached to Engine Company 4 on Second street, near Howard. The com- pany responded, but after driving around the block and seeing no sign of a fire it came to the conclusion it was a false alarm and returned to the engine-house. When they reached the entrance to the engine-house, which is formed of basalt blocks, Michael Connell, the engineer, jumped off and stooped down to put a wooden block in front of the wheel to check its progress. At that instant there was a blinding flash, followed by a loud explosion. Connell, when he saw the flash, promptly threw back his_head and escaped with singed eyebrows. If he had not done so the probability is that he would have been seriously burned on the face and lost his eyesight. Some one had placed two cartridges of forty-four caliber in the crease between two of the basalt blocks where one of the wheels of the engine would, as a rule, pass over them, and it was these cartridges that exploded when the wheel passed over them at the moment Connell stooped down to insert the block in frent of the wheel. It was afterward found that the alarm bad been rung in from the auxiliary box on Second and Folsom streets. The glass of the box had been smashed to enable the man who rang the alarm to insert his hand and pull the hook down. It is believed that the perpetrator of the outrage bad first placed the cartridges at the entrance to the engine-house and had then ruug in the alarm from the auxiliary box. When the engine was driven out of the engine-house the wheel had missed the cartridges, but the same good luck was not experienced on the return trip. ‘%hat motive could have instigated any one to do such a deed is at presenta mystery. WERE REGULARLY WEDDED. Another Tie Between a Lawyer and a Bloomer Girl. I. Percy Mills, the San Jose attorney, and Miss Mabel Holmes, the Oakland bloomer girl, were not satisfied with their contract marriage of last Monday. Yes- terday they blew away the cloud that hung over the contract by doing like other people who want to get married. They went out to the New City Hall, got a license and a few minutes afterward ap- d before Justice of the Peace Barry, who tied them as fast in the bonds of wed- lock as his official position would allow. Mr. Miils, as a rising young attorney, had evidontfy read up on the law of mar- riage as enacted by the last Legislature, .ng had come to the conclusion that he was in a very awkward position. Contract marriages are not legal any more in this te. Bfi;fi']ls is 23 years old and Miss Holmes 19, The news of the contract marriage surprised their friends and relatives. Miss Holmes has won quitg a reputation in Oakland through her Beautiful bloomers and the captivating way in which she rides a bicycle. ~ S — GROWING IN POPULARITY. Report of the Trustees of the Free Public Library. The trustees of the Free Public Library have just filed their annual report for the last fiscal year. Notwithstanding the small appropria- tion for the library last year they intro- duced several valuable improvements, notably the one whereby school-children can avail themselves of the books needed for supplemental reading. The trustees stress regret for the loss of Librarian John Vance Cheney, and congratulate themselves on having secured the services of George T. Clark for the position. They expect to establish another branch library soon. The Supervisors are asked to add an elevator to the main library for the use of patrons. he report shows 78,517 volumes on hand in the main library and 4395 in the branches. During the vear 4617 new volumes were added, including 1200 volumes from the library of Dr. Thomas E. Slevin. The last named books are of great historical and geographical value. Only twenty-four boofis were lost during the year. AMOS C. HIESTER DHING One of the Oldest Printers in California on His Death Bed. Made Money In the Early Days and Founded the San Francisco Dally Report. Amos C. Hiester, the backbone of the Daily Report, is dying.” He was “instru- mental in building up the paper from the insignificant Stock Reportto the dignmity of aregular evening newspaper, and was always hale and hearty up to a year ago. In building up the journal he was later associated with William M. Bunker, who assumed editorial control. For over six months, however, he has been gradually sinking, and when a con- sultation of physicians was held yesterday afternoon the unanimous opinion was that no hope was leit. The original trouble was Bright's disease of the kidneys, but latterly consumption has attacked' his lungs ‘and now no hope whatever can be held out to his sorrowing family. Amos C. Hiester is one of the few old- time newspaper men left and P. J. Thomas voices the opinion of the veterans when he said yesterday : Amos C. Hiester is one of the few old stagers left, and he isa good representative of those who have gone before. From the printer's standpoint he is a true son of the art presery- ative. Asacraftsman he is clean and pure, In early manhood he wasa strong advocate of union rules, as he is to-day. Many were the battles fought in earlier days for the preserva- t10n of the scale of prices, and Mr. Hiester was always in the van wien the union eall placed men on their mettle. Sitnations that were worth the keeping, in & monetary sense, were given up with promptitude by sterling union printers at the dictaie of the union when dan- ger was threatened, and the records of the old “Eureka” will show that the name of Hiester was inscribed on the roll of honor on all such occasions. In the early '60’s he was & univer- sal favorite among printers. He was open- banded, open-hearted and outspoken., There was nothing mean or tricky about him either in word or deed, and that was one cause of his being so generally liked. Such printers as Dave Norris, Ennd{ Warren, John Hancock, Tom Reed—men of sterling worth, who haye passed away—were among his associates, and &ny one might be proud of such indorsement,” Though always one of the “‘boys” and ready to take in all fun that came along, Mr. Hiestér never was engaged in any- thing unbecoming or ungentlemanly. I can remember him well thirty years ago, young, handsome and energetic. He was then'a man of mark—a peer if you like to call it—among his fellows. To-day he is unchanged except so far as time leaves its traces. He was the same old Hiester a few months ago that he was in ’61—good, genial and true; respected by all and envied by none., Amos C. Hiester was born in German- town, Montgomery County, Ohio, on the 6th of July, 1836, and came to California in 1856. The Marysviile Appeal was then run by Mantz and the first work he did SN 4£mos C. Hiester. [From a photograph.] was as a compositor on that paper. For the first week’s work his “‘string’” amounted to $106, but he gave up the job and went to the mines. He made money there, but spent it as fast as he earned it. Returning to San Francisco he went to work on the Alta and later joined the Golden Era. Then be took a case on the Bulletin and remained with that paper until the great strike of 1869. He then worked on the Chronicle for a time, and a few months later, in company with William M. Bunker, establishied the Daily Report. An old typo, who bas known Mr. Hiester for the last thirty years, says of him: In his dealings with men he is genial, frank and magnetic, never fniling to win the kind regard of all who are brought in contact with him. A hater of shams, he is quick in his judgment, and prompt to discover worth where it really exjst: Those who know him best love him best. While essentially a man of the world as to the possession of all those attributes that tend to success, and fond of the pleasures of life, yet be is thoroughly domestic in his tastes and habits, and home and family are with him paramount to all other interests, A personal acquaintance with him of nearly twoscore years has made me thoroughly familiar with his life and char- acter. A true friend, a loving and devoted husband and father, tender of heart as a woman, Amos C. Hiester is one of the most admirable men I ever knew. His youngest son accidentally shot him- self a few months ago while on a visit to Ukiah, and the father never really recov- ered from the shock. His eldest son is emploved in the business department of the Daily Report,.and his second son, John, is foreman of the pressroom of that paper. Mr. Hiester is a uniyersal favorite among all classes in the ecommunity, and is beloved by every one of his employes. T —— You are invited to inspect the new Park Cy- clery. Itis a beauty, The finest of wheels for renting purposes. Bicycles built to order. Terminus of Powell, McAllister and Gea street car lines. id GOVERNMENT'S SIDE IS IN, Judge McKisick Concludes His Argument in the Stanford Case. HARD LAW IN BIG CHUNKS. Judge Garber WIIl Begin His Ad- dress on. Behalf of Mrs. Stan- ford This Morning. All day long yesterday in the high, gray half-lighted room of the United States Court of Appeals, the steady flow of Judge L. D. McKisick’s excellent English, and no doubt equally excellent law, was unin- terrupted, save by the recess for lunch. The argument, which is pronounced by the lawyers who heard it to be a strong one, is delivered in a quiet conversational tone that never once was lifted or lowered by burst of fire or passion and by hesita- tion and lapse of interest. The number of auditors was slightly in- creased over the day before, though, with the exception of two or three, the individ- uals were not the same. Ex-Chief Justice Curry held the same chair and mused and struction which, by inference and-applica- tion, alone would deprive the Government of a clear right, inherent in the contract, to enforce the obligations of that contract; a construction diametrically opposed to the axiom that the Government can never be deprived of a right or remedy by judi- cial presumption, or by assumption; dia- metrically opposed to the express declara- tion of the Government, as expressed, by Congress in section 10 of the Thurman act, infra; diametrically opposed to the axiom- atic jurisprudence of the Supreme Court of the United States; diametrically opposed to the axiom that the King of England or the Government of the United States is never bound by general words in a statute destroying right and denying remedies to all persons, unless the King or the Gov- ernment be expressly mentioned in the statute? This last axiom has been several times applied and enforced by the Supreme Court.” The Pacific railroad acts of Congress of ’62, ’64, ’65 and ’78 were quoted in large part, discussed and analyzed in their rela- tion to the question of stockholders’ Hiability. “But,” he said, “when counsel was argu- ing upon the question that under the act of 1862, section 6, the grants made upon condition did not oblige the grantees to repay the money, he said if you want them to do it you must have it written in the agreement itself. If Congress had intended to release the liability of the stockholders of the Central Pacific Raiiroad Company why did it not write it in the act itself? Why did not these stockholders, who were willing to accept those grants, go to Con- gress and say: ‘You do not impose any individual liability upon the stockholders of the Union Pacific Railroad Comyany, but under the constitution and statutes of the State of California we are liabie for the debts that this corporation may incur JUDGE L. D. McEISICE MAKING HIS ARGUMENT FOR THE GOV- ERNMENT IN THE STANFORD CASE. [Sketched in court yesterday by a “ Call” artist.] listened and listened and mused through- out the morning and afternoon session. The plain level of the reading was occa- sionally broken into by remarks or ques. tions equally quiet on the part of Judge Garber (representing Mrs. Stanford), which were answered o replied to by Judge Mc- Kisick with no change in the tone of voice, By a judicious skipping of leaves and without watching the clock particularly Judge Mchisick so timed his talk as to pronounce the last word of his arzument, the one hundred and ninety-thhd page of his pamphlet, exactly as the long hand on the courtroom clock reached up to announce the hour of four, at which ihe court adjourns. So the case for the United States has been stated, and Judge Garber for Mrs, Stanford will begin his argument this morning at 11 o’clock. In resuming his argument yesterday morning Judge McKisick said: “It was argued in the Circuit €ourt that the United States, in desiring to have this rail- road constructed from the Missouri River to the Pacific Coast, offered to become a partner with these parties, that is, with the Union Pacific Railroad Company and the Central Pacific Railroad Company,and that their relations were somewhat that of a partnership. “‘Let us see what that partnership was, The United States did desire to have these railroads constructed and operated, and it did propose to these two corporations—I will eliminate the Union Pacific and speak of the Central Pacific—it proposed to the Central Pacific Railroad Company: ‘If you will aid us in building this railroad we will give you absolutely, by the act of 1862, five alternate sections of land.’ By the act of 1864 it was increasea to ten, ‘That_you may have as a gift. We will also give you the right of way over all the public lands of the United States on which you may lay out your road. In addition to that we will Yut into your enterprise seventy-eight millions of dollars. 1 that we ask of you is this: We do not want any interest at all in the railroad property. ou may have that property absolutely, and may take all its earnings. All we require of you is that you shall re- turn to us the money which we will lend you. We will loan you our bonds to the amount specified in'the contract. Those you must pay at maturity. All the other Toperty you mafv.have absolutely free. ‘e give you millions of acres of land, worth millions of dollars. We give you the right of way. For these we will exact nothing from you at all. You may have the whole partnership property, all its earnings, except 5 per cent for a sinking fund, but we want you to return to us the money which we lend you. If you do not do that, if you do not carry out” your part of the contract, we will authorize the Sec- retary of the Treasury to take possession of the property and operate it for the use of the United States, because we want the road built; we must have it and will have it. If youdo not build it we will see that it is built, ** ‘Our object and purpose in entering into this partnership with you is that this road shall be built and operdted, but you must repay ug this money and you must do it in this way: We will patronize your road and pay you the same rates for fares and {reights that others guy you, but, in order that we may be reimbursed, we will retain in our treasury the whole amount that will be coming to you for transporting our military supplies, our mail and other property over your road. Furthermore, you must put aside into the treasury 5 per cent of your netearnings in order to create a fund which will aid in paying us.’ This, in l\lh!gaunm, is what counsel called a part- nership, ‘“‘Have the United States granted to the railroad companies and to their stockhold- ers the privilege of using their bonds to the extent, with interest, of $78,000,000, $60,000,000 of which will be absolutely lost to the grantors if the construction of the Circuit Judge be concurred in—a con- under this contract. You should put us on an equal footing, Do not hold us liable when you have released the others.’ “But they did not do that at all. Whether or not Congress would have done 80 is not now a living question. The laws of Califernia put the seal of the SBtate to the contract, and forever closed the question.” The latter end of the argument was de- voted to an exhaustive discussion and citation of authorities on the question of the statute of limitations, going to show that State laws cannot operate to bar the United States. With this Judge McKisick concluded, saying: “It is respectfully submitted that the demurrers interpose no defense to the suit, and that they should be overrulea, and the decree of the Circuit Court reversed.’” RACETRACK WAR AVERTED Officials of the Rival Or- ganizations Meet Again. It Was Definitely Agreed Upon to Race on Alternate Dates the Coming Winter, All chance of a rival racetrack in San Francisco this coming winter is now at an end. The decision was reached at a meet- ing held by the moving spirits of the two racing organizations, the California Jockey Club and the Pacific Coast Jockey Club, the new-comer in the field, in parlor G of the Palace Hotel last evening, at which were present Thomas H. Williams Jr., Adolph B. Spreckels, Henry Crocker, M. A. Gunst, Daniel Burns and W. 8. Leake. A step was taken in the direction of a compromise at a meeting held on Sunday evening, and at last night’s con- ference it was definitely settled that the two clubs will run on alternate dates, which will be set at a future meeting. The period of racing will be two weeks, and in an interview Presiaent Williams of the California Jockey Club stated that as soon as the new orghnization gives notice of its opening day racing will cease at the Bay District. ’.{yhe dates for the running off the bi, stake events have not yet been agre upon, but they will be so arranged that each club will reap the benefit of the holi- day crowds. All of the gentlemen present at the meeting last night were in a jubi- lant frame of mind and that the threat- ened contlict was to be averted was un- doubtedly a pleasure to all, for otherwise it was felt that racing to financial loss was a foregone conclusion, ‘Work on the new Ingleside track is fast being pushed to completion and every- thing is expected to be_in readiness for the grand opening day on November 1. e Favors Public Ownership. Municipal ownership of water works, gas and electric lighting plants was discussed by the Institute of Applied Christianity last cvening, Rey. J. E. Scott being the principal speaker. The institute was & unit on the desirability of such ownership, At the conclusion of the meeting all the members llgedt e petition asking that such prerogative be gra: to San Francisco, which ‘document is to be submitted to the Mayor. Charged With Embezzlement. Arthur McKenna was arrested on a warrant last night by Policeman Iryine, charging him with misdemeanor embezzlement. The com- plaining witne&l William Norman, who has & cyclery at 326WcAllister street. He alleges that he employed McKenna to collect an ac- count for $40 and that he got the money and appropriated it to his own use. UNITED AGAINST CHOLERA, Precautions Are Discussed by Federal and Local Au- thorities. A WELL-GUARDED STATE LINE. Quarantine Regulations to Be Strictly Enforced Wherever Danger Threatens. The local United States marine physi- cians and the State and County Boards of Health met in the Mayor's office yester- day morning to discuss united action in meeting the threatened invasion of cholera. Present were Mayor Sutro, Dr. Godfrey of the marine service, Dr. Ruggles of, Stock- ton, Dr. Wyat of S8acramento, Dr. Winslow Anderson of San Francisco, Dr. Laine of Sacramento, Dr. Mayon of Oakland, Dr. Davisson of Los Angeles and Drs. JFitz- gibbon, Hart, Morse and Williamson of the local Board of Health. Before adjourning the officials declared that they would all work shoulder to shoulder and in the most perfect harmony to protect the coast from any approach of cholera. Dr. Godfrey of the United States marine service stated that the Federal authorities had an officer stationed at Angel Island to attend to the fumigating of vessels, pas- sengers and cargoes. At Port Townsend there is also a station for quarantine pur- poses, At Point Loma, off San Diego, there is another station. He gaye it as his opinion tbat the Washington authorities were properly guarding the northern and southern boundaries of the State. As for the San Francisco division, he assured the two boards that he and his colleagues would do all in their power to renderevery assistance. Dr. Ruggles, president of the State board, said that he thought San Francisco was amply protected and that the State board would, therefore, devote most of its atten- tion to watching the other sections of the State. Mayor Sutro suggested that the State boflr({communicate with the State boards of Washington and Oregon and so cover the Pacific seaboard of the country. Dr. Ruggles explained that the State bourd had set itself in communication with the differebt Countv Boards of Supervis- orsso as to guard all the smaller ports along the coast, - On motion of Dr, Morse it was decided to appoint one member from the State and County Boards of Health, one from the Oakland Board of Health and one United States marine physician to frame a reso- lution for joint action. The Mayor ap- pointed Dr.Godfrey, Dr. Winslow Ander- son, Dr. Fitzgibbon and Dr. Mayon. They drew up the following resolution, which was adopted by the meeting: In view of the threatened invasion of cholera it is deemed expedient to take some co-opera- tive measures in order to prevent such & calamity. Your committee would therefore submit the following resolution: Resolved, That it would be to the interest of the community atlarge for the members of the State Board and City Board of Health, with the co-operation of the United States Marine Hos- ital service, to act in harmony, to interchange nformation in all matters appertaining to contagious or infectious diseases in such wise as to most effectually prevent an epidemic in- vasion, or in case of its invasion, to most effec- tually Suppress it. Dr. Godfrey called attention to the fact that the Pacific Mail Steamship Company has an agreement with the Chinese Six Companies whereby the bodies of Chinese who die in traveling to this City are kept on board ship and taken back to China. He suggested that if a Chinese died of cholera it would be extremely hazardous to keep the body on board the vessel un- less it were placed in a hermetically sealed casket. It was explained that orders had already been sent lEe steamship company to place all the bodies of Chinese who die in transit in hermetically sealed coffins. The local Board of Health will hold its regular meeting this morning. SENT TO QUARANTINE. The Bark S. N. Castle Arrives From Honolulu. The bark 8. N. Castle arrived from Honolulu yesterday morning and was placed in quarantine. She left Honolulu August 17, which made her something over twenty days on the passage. She brought up the following passengers: A. C. Rolofson Jr., Mrs. A. O. Hansen and child, P. 8, Cooley, wife and two children; J. F. Clay and bride, William Greig, D. G. Camarinos, George Lycurgus. No sickness was found aboard of the vessel, and as the captain had complied with the sanitary regulations at Honolulu it was decided to release the passengers from quarantine last night. The mails of the steamer Rio Janeiro were fumigated and brought over to the City from- Angel Island yesterday morn- ng. The following passengers will be released from quarantine to-morrow: Mr. and Mrs. J. Andersen, Miss Bagley, W. Baralersky, L. H. Greenwood, F. G. High, George W. and Charles Hume, Mrs. Marie Lange, Miss Lange, Lieutenant-Commander J. M. Millar, U. 8. N.; Mrs, Newman, William Nicholson, W. Samoiloff, George ¥. Bmithers, Mrs, F, A, Bacon. BURGLARS ARRESTED. The Criminal Career of Three Young Men Nipped in the Bud. Charles Walker, Alfred Cappola and John Casey were booked at the City Prison yesterday by Detectives Dillon and Crockett on the charge of burglary. They are all young men and had just com- menced a career of crime. On the night of August 19 Walker and Cappola broke into the ladies’ tailoring establishment of A. Cohen, 816a Sutter street, and stole about $400 worth of ready- made goods and cloth. Several pieces of the cloth were recovered by the detectives from people who had purchased them from &alker and Cappola, ‘When they were searched at the City Prison a key that fitted the lock in the door of the establishment was found in ‘Walker’s pocket. About a week ago Casey rang the bell of the house occupied by Mrs. Tda Stilts, on Hayes street, near Lyon. Her Ilittle daughter answered the bell and Casey told her he had a note from Cappola to her mother asking for $20 to get him out of the Oakland prison. The little girl told him her mother was not at home and he eoolly walked into the house and stole a Em’se containing §9 and some keys. Mrs. tilts knew Cappola from baving roomed with his parents at one time. She fur- nished the detectives with a descrififion of Casey and they arrested him on Monday while he was leaving the property clerk’s office, where he had been to receive back the property taken from him when he was arrested a few days ago for dinurbing the peace. The purse stolen from Mrs. Stilts and her keys were found in his pocket and $4 90 of the money. FORGED ORDERS FOR SUGAR. George H, Gallagher, a Professional Nurse, Arrested. George H. Gallagher, a professional nurse, was arrested yesterday by Detective Egan and Policeman Furlong and booked at the City Prison on two charges of forgery. On September 11 he presented an order to Tillmann & Bendel, wholesale grocers, for one and a half barrels of sugar. The order purported to be signed by R. Pecht, Jones and Geary streets, but the signature was afterward found to be a forgery. The police were notified, and yesterday morning while Egan and Furlong were in Tillmann & Bendel’s warehouse, Gallagher came in and presented another forged order in Pecht’s name for two barrels of ¢ svgar, The officers saw him place the two barrels on an express wagon and drive away. They followed the wagon till it stopped at First and Mission streets and | then placed Gallagher under arrest. — FIVE DAYS TO SETTLE UP.° That's the Time Allowed Attorney Roach in the Kennedy Estates. The Kennedy estate will be closed within a few days, if the peremptory order of the Probate Court is obeyed. | Attorney Roach has had the handling of the estates of the senior and younger Ken= nedys for the last twenty years. Frederick Kennedy and his grandmothe® assert that the estate of Edward Kennedy dwindled from something over a quarter off a million dollars to fifteen or twenty thou= sand dollars within the last twenty-two years; that the estate of the mother had never been distributed, and that the heirs had not received to exceed $40 a month, and real estate values more than doubled themselves during the period mentioned. It was also alleged by young Kennedy and his grandmother that the attorney of the estate, Mr. Roach, had gained posses- sion of certain papers and documents, and. that he claimed other accounts prepared for filing had been lost, and subsequently nue lied by duplicates. hen the case came up yesterday for am accounting Attorney Roach said certaim accounts had been filed, but when a searchy of the register was made it failed to dis= close their whereabouts. Mr. Roach was given five days to clos up the estates of Edward T. Kennedy an Amelia Victoria Kennedy. The attorney made the explanation that he had ine trusted the papers to his clerk and that he had lost them. 'y In addition to the property spoken of im the original inventory Fred Kennedy says there were valuablelands near Monterey sold to the Government for lighthousa Furposes that have never been accounted or. The Government’s appraisemens went up into the thousands. The income from the estate is said to have been about $10,000 in the ’70’s and the heirs, at $40 & month each, according to young Kens nedy’s assertion, could not have used more than $1500 or $1600 of that amount. EZETA I8 READY TO GO. The San Salvadorean Preparing to Re= turn Home. The California Hotel was the scene of great activity last evening, caused by Gen= eral Antonio Ezeta’s preparations for des parture. The fiery San Salvadorean leaves this morning by the City of Sydney for Aca= pulco, Mexico, from which port, it is said, he will make his way into San Salvador to regain the supremacy he once held there, The general’s armament, consisting of swords and a number of American pistols of fine work, as well as his glittering uni- form, will go in charge of the lieutenan® who accompanies him. i i [ H NEW TO-DAY—AMUSEMENTS. MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theater|n America. WALTER MOROSCO...,.Sole Lesses and Managee EVERY EVENING AT EIGHT. The Greatest American Melodrama, “THE GREAT NETROPOLIS!” | See the Most Realistic Storm Scene Ever Attempted on Any Stage! - EVENING PRICES—25¢ and 50c. Family Circle and Gallerv, 10c. s Usual Matinees Saturday and Sunday. ND } D INCORP'D HEATRE M PROPS. TO-NIGHT, AND ALL THIS WEEK, Souvenir Matinee Saturday. PEERLESS PAULINE HAILIL, In the Bright Operatic Comedy, “PDORCAS”? By Harry and Edward Paniton, ‘Authors of “Erminie,” “Niobe,” etc, Aelnbio Ghicli, FRICOLANDLR.GOTTLOD & Co- LE33E5 AD MATAGERS - ++ DON'T THE FORGET SPECIAL ——MATI Lttty ‘An_Alternoon With Henry E. Dixey.® TIVOLI OPERA-HOUSE Mps, ERNESTINE Kxrnixa Proprietor & Managas SEASON OF GRAND ITALIAN OPERA% ——THIS WEEK ONLY—— Donizett’s Favorite Opera, “LUCIA” TO-NIGHT IDA VALERGA, MARTIN PACHE, JOHN J. RAFFAELy GEO, H, BRODERICK, W, H. WEST, MABELLA BAKER In the Cast. Next Week—“ERNANL" Popular Prices—25c and 50c. =5 GROVER’S ALCAZAR. Wednesday *‘Pop’’ Matinee To-Dayf Prices—10¢, 15¢, 25¢c. No higher. Every Performance During the Week, GALA DOUBLE BILL “‘EVERYBODY'S FRIEND" ——AND—— “a RINGER! Leonard Grover Jr., Jennie Kennarks, Gracie Plaisted, May Noble, Fanny ‘Warren, Charles Lothian, Hereward Hoytand the Entire New Company. Prices—10c, 15¢, 25¢, 35c and 500s No extra for securing. Matinees Wednesday, Saturday and Sunday. Prices—10c, 150 and 250, Sept. 23—¢CHIP OF THE OLD BLOCK.”* ORPHEUM. O’Farrell Street, Between Stockton and Powell TO-NIGHT AND DURING THE PEARL ANDREWS, The Peerless Mimic Artiste. WESTON AND HERBERT, HYNES AND REMINGTON, HUGH EMMETT® A GREAT STAR COMPANY ! Reserved seats, 25¢; Balcony, 10¢; Opera chalrg and Box seats, 50c. METROPOLITAN TEMPLE. THURSDAY EVENING, SEPT. 19, GRAND CHORAL CONCERT OF 400 ADULT VOUICES. ——CONDUCTED BY— MR. WILLIAM L. TOMLINS. Boloists: Mr, Sigmund Beel, Mrs. Carmiche} Carr, Mr. L. Hoine, Mr. Ugo Talbo. TICKETS $1, 75¢ AND 50c. Box-office now open at Sherman, Clay & Ca'sy T —— T —— S R A N T o T S T TN, LI S L S G S S T S S L e