The San Francisco Call. Newspaper, September 24, 1895, Page 9

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0 AS THEY PLEASED Supervisors Simply Ig- nore Mayor Sutro’s Veto. APPEAL TO THEMSELVES. Numerous Political Appoint- ments Scattered Among Their Friends. ENTY-ONE CHANGES MADE, Vew Elcycle Order Introduced That Will Guide the Scorcher in His Rounds. nty-one mu of of s yes of ipal employes were oy the Board of Super- terday to make room for as their Superintendent his usual place in’ voted against the action, tood he did so simply to 1 0i a relative in the oflice. His vote was not i on the record, so his coworkers did ther heads and allowed s attention to the protec- r head. About eight Demo- ved to get in on the deal. vresented his expected levy, and, as was ex- ignored it. | s rulings to them- y much as they pleased. ution ousting the twenty-one | provided that they shall retire "“',l that their successors me date, ds. not ¢ He unde the vedge. . rve ty “ins”’ are as follows: s office, P. H. Kerrigan eny appointed s ofice, E. Deunis out, W. ourt, department 4, J. . Cooper in. Court, department 6, is Col on 12 janitor, A. Nagle out, Dennis ¢ Library, F. J. Pendergast out, r City [ Jack Hoey side ng Hospital. entranee New City Hall, Gilleran In. in. Hall, John J. harles Meyer i squsre, homas Jack- in. uare, Andrew Canavan -wagon, B. Conlan out, atrol-wagon, James Hynes il draft A. Coleman was janitor. He was 3 ns. Ralph Cohn rdener of Portsmouth 2d for Dennis Dowd. ight to oust Ja I f janitor of the City gz Hospital. “Supervisor King 1 to pull out of the combination consent, h defection. and Supervisor : crowd in the galleries craned n the resolution was read. or Benjamin moved its adoption. mend that the whole matter go over one week,”” interpos sed Supervisor Dimond. tain why these whole- The other ng made. in justice to the men ousted ination ought to be made. man from the Sixth (Su- isor Hughes) give us some reason for change?”’ pervisor Hughes—Oh, I'm not called act. “Who introduced the resolution?” de- ed Supervisor Spreckels. ipervisor King,” returned the chair. “Then I suggest that Supervisor King areason for this change,” continued pervisor Dimond. But Supervisor King looked shy, mum- 1 somethingand resolutely kept his seat. The amendment to postpone the matter one week was losc by a vote of 7 to 4. Noes— King, Scully, Benjamin, Hirsch, Hug! Morgenstern, Wagner. Aves—Dimond, Dunker, Sprecke!s, Taylor. Absent—Hobbs. The resolution was carried b{ the same vote, and the crowd in the galleries filed out into the big corridors to discuss the situation. Mayor Sutro’sattempted veto of the §: tax levy read as follows: the Honorable the Board of Supervisors— September 7, 189 nicipal purposes for the fis ending June 30, 1896, fixing the rate at 57 and apportioning it o the thirteen dif- ferent funds, 8s required by law. At the completion of it spaper such order again came before your ¢ for action, and on September 16, 1895, in pen session it was finally passed, the rate be- ing fixed at $1.565, and myself presiding over vour deliberations. Inmy opinion the above ne order comes now before me as Mayor for con- | sideration. It is understood thatmy conten- tion as to my right for approval or veto is de- nied for two reasons: First—The language that has been used to express the sapction of this body is as follows: | sAfter having been published five successive days, taken up, amended and adopted by the following vote.”’ Section 68 of the consolida- tion act says: ‘“Every such ordinance [refer- ring to the tax levy, etc.], aiter the same shall Jass the board, shall be presented to the Mayor,” etc. Now it is stated that this body ¢ the use of the term “adopt’ defeat ihe exer of the Mayor’s veto, In other terms, by the jugglery of words the same identical action may be differently characterized as to its ultimate effects. Is not the action of the board the same w hqether expressed by the term “adopt” or “pass”? inf _UI“ defines the word “adopt” as follows: “To take, to select,” and the word “pass” s “To be enacied, to_receive the sanc- tion of & legislative body.” In either case the logical and ultimate fact is that the sanction of the legislative body is expressed. The law regards substance not form. The rule is laid down 1n_Creighton vs. Man- son, decided Januery, 1865, and relating toa street assessment in this City: “The instru- ment containing the expression of the legisia- ve will need not necessarily be in the usual of & municipal ordinance and be pre- 1 by the words.‘Be it enacted,’ etc., but it rly be, as in this case, in the form of Jlution; but whatever its form it amounts stance to an ordinance and must be 1n the mode prescribed for the passage of ordinances.” In this connection it may be noted thatat the same session in which the order under coneideration was _sanctioned an _ order ssment for the payment of Dupont- bonds, and an order levying a taxof for State purposes, were finally passed were regularly presented to me for my ap- roval and received my signature. In each of 1 three cases it js identically the same ive action, and the same process of col- on will be used in each case and con- d by the same officers and at the same Why shouid the Mayor's power be con- n two cases and denied in the ather, | supportea b | power, in favor of | omy, I place my foot and shell stand as a rock, | | appeal to the courts, | Francisco were merged into a single entl: | this every ta n. | ice Courts 1 and 4, J. Watson out, | W. O'Leary | As Supervisor Dunker | the others could not | owed Lo have his way, | { sor Spreckels asked for the roll- | | | | planation for this ac- | , your hon- | to print an order providing | publication in the | WITH THE TAX LEVY, ' thority is in plain violation of your official | oaths; is revolutionary in its effects and is a | deliberate overriding of the express words of | ‘\?:\foirs (-l\rncrrter. ‘,\aninn: your trespass on the | May prerogetive N eyors jbrerogetives my solemn protest is Itisa wise thing in our jurisprudence end 1 ¥ the experience of ages that the veto should exist. 1t is the one bulwark for | the people against hasty legislation, ignorance, | extravagance or crime. Here for this veto t and honesty and econ- | end if needed will vindicate my right by an | Second—The next reason for the denial of my | ower to veto is said to originate in section | 4 of_the Political Code, as amendea March | S, 1895. Relative to this question it provides: he Board of Supervisors of each county | on the third Mondey in September fix the e Of county taxes,” etc. The contention is t this by implication excludes the Mayor from all participation in the municipal tax evy legislation | The refutation of this contention will be best | accomplished by a brief summery of preceding | legislation. On April 19, 1856, th, passed, whereby the Ci onsolidation act was and County of San s ,and according to the case of Wood vs. Election Commissioners, decided July, 1881, “‘is a con- | lnuation of the late municipal corporation, | known as the ‘City of San Francisco.’ * This charter, in article V, deals with the | duties and powers of Supervisors. Section 68 | contained in that article provides: “Every or- dinance or resolution of the Board of Super- visors, providing for the expenditure of public moneys, or laying & tax or assessment, shall | atter publication be passed by the board and presented io the Mayor for approval.” r”\\'mve not concl: s a circumstance nt with mea! for approval i in ali this period of forty year plemented by the fact that in J predecessor—Mayor A. J bis veto of the tax levy. It was regularly recog- nized by this body. Thereafter,in due time, his objections were considered and finally over- ruled by an afirmative vote of ten members. _It is s rule of construction, as oid as the English law, “That words and phrases, the aning of which in a statute has been ascer- d, are, when used in a subsequent statute, 10 be understood in the same se: Now the facts, for which this rule is invoked, are as follows: The consolidation act in section 71, | contained in article V, and prescribing the Bryant—interposed | duties of Supervisors, and all subsequent acts, includire the amendment of 1891 and of 1895, use substantially the same words in conferring upon the Board of Supervisors the power to levy the municipal tax. In every legislative act named there is a sub- | | stantial identity of language. In noneof them | is there reference to the Mayor’s power, so that when the amendment of 1895 was passed it must receive the same construction that had been impressed upon it by the Legislature and Supreme Court in all our preceding legislative ory. This is true, since there is nothing in f 1895 that in terms or by implication or. e of the People vs. McCreery, 1868, the veto power is d as existing in the Mayor. Consequently when the Legisiature afterward used the same general language to vest author- ity in this board it must be held to have used it'in reference to the construction placed upon these words by the Supreme Court in the case | just mentioned. Tt is true that it was held in | that case that the levy was invalid because | rove it on the day of the | of the Political Code-- | | in abrogation of the narrow con- | struetion therein announced—was subsequ 'nt- 1y passed, and is as follows: “No assessment or uct relating to assessment or collecting of taxes | on account of informality, nor same was 1ot completed within the | required by law.” This section has al- | been in_the Political code, taking effect January 1, 1873. | In Hart vs. Plum, decided 1859, it is held | | that the statute directing assessment 1o be | made on the first Monday in May is merely | decision” is commented on | | | | directory. This with approval and applied in the People vs. E. L. and Y. Company, decided April, 1874, It is admitted that the general revenue law of the State applies to this municipality. But the rule is universally recognized ‘‘that where by | the charter the Mayor Is & part of the law-mak- ing power his concurrence in legislative action is essential o its validity.” It is further admittea that the Legislature is liction as 1o this munici- But unless the Legisiature specifically sts its intent to deprive tire municipality | of its rights under the charter,no change is effected in_the latter and its provisions must | The legislative intent must be plainly and clearly manifested. The charter isnot to | irittered away by frivolous construction. In ond Dunn, decided April, 1880, in | speaking the consolidation act, the court | ays: “All such charters must remain in force | seded or changed in the mode pre- by the constitution. In the absence of any positive provision to the contrary, this is necessarily implied. * * * But charters not framed or adopted by authority of said consti- tution need not be subject to or controlled by general laws. Therefore, the charter of the City and County of San Francisco, which ante- dates the present constitution,and was not framed or adopted by authority of it, is not subject to or controlled by general laws.” This language is approved in City of Stockton vs. | a certain_insurance eompany, decided Oc- | tober, 1887. In the last case there wasa con- | fiict between the Stockton charter and the | | State constitution as to the time of the tax | levy. The former was upheld, being prior in | time, It is said there isa conflict between section | | 68 of the consolidation act and section 3714 of the Political Code, amended in March, | | 1895. There is no more inherent conflict than | | there is between sections 68 and 71 of the | | charter. Section 71 reads: “On or before the first Monday of Mey, annually, the board * = % ghalllevy” * * *, etc. This gave the board discretion to make a levy on the first Monday of May. Could the | board by thus delaying its action to the last | | day defeat or prevent the Mayor's veto or ap- | | proval? If so, then section 68 becomes im- perative as the mere whim of the board, or | rather at its exercise of alawful discretion, | and the Mayor is stripped of an admitted power, without his consent and without any | | defeult on his part. If, therefore, sections (ig | | and 71 of the consolidetion act can be harmon- | | ized, then the same reasoning applied to sec- | | tions 68 and 3714 of the Political Code will | | bring them jnto unison. The Spring Valley . Board of Supervisors, Water case, Jacobs decided October, 1893, in relation to the Mayor's veto as to the water rates, " notin | | opposition to the views herein SZpn d. On the contrary, it expressly recognizes the veto power of the Mayor where it is clearly ex- \{Jtm.led in the consolidation act, for Justice Harrison pointedly says: *His approval is re- quired to only certain classes of ordinances | which are enumerated in that section” (refer- | ring to section 68, which in so many words | gives him the veto on the tax levy). According to my mind, the foregoing reason- ing establishes my right to approve or veto the present municipal tax levy. This conclusion is held, notwithstanding the opinion of a very | distinguished attorney, handed to me in print, | 1ast Saturday and given to some of our local | banks at their solicitation. Considering his argument as the best that can be made on that | side, the issue is reduced to the single one of & | conflict between the charter and the code. { But it has been shown above that there is no sary,in this connection, to dis- | cuss the expediency of the veto. That i$ within the jurisdiction of the Legislature. If the veto power exists, this is & pre-eminent case for its exercise. But it muy be asked, “What is the effect of a veto?” The answer is this: Williugly conced- ing up to this time the legality of your levy, the charter commands that the Mayor’s objec- tions must be considered by this board. If | you, by nine or more votes, overrule such objections, then your levy will become final and valid, and the tax rate will be fixed at $1 5614, 1f four or more members vote to sus- tain my objections, then this board must at once prepare & new tax rate. In making your levy on the third Monday of September you have obeyed the law. Thatin turn compels the Mayor to do his duty. Then asa result thereof the charter directs you to take another step and make aunother levy if the veto be sustained by four or more votes. It is not a pertinent or relevantcriticism that further vetoes might be made. The foregoing hasbeen addressed to the ques- tion as to the mere legal existence of my veto power. Butwhilethus impelled bi{ public con- sideration to the maintenance of my official rights there is & further aspect in which the tax 1avy deserves consideration. 1t may be well to remind you that the respec- tive parties that stood sponsors for your char- acters pledged you to a iax levy, in Substance, not exceeding #1 on the . This has n an unwritten law of this municipality for many years. The tax-paying public has accus- fomed itself to this burden and,in & general sense, prepared itself for its liguidation. Con- sidering the stringent times, lack of money and of work, a tax levy of $1 567 is profoundly se- vere and startling. Tt would seem, therefore, that therc must necessarily be some extraordinary circum- stance that wonld justify the violation of the specific pledges taken by you in order to ob- tain your office. 1s there anything in the pub- lic exigency that justifies and compeis this increased levy? My mind hascarefully gleaned ihe whole field of public necessities, and does Dot find any such. An excessive levy is a ca- Jamity upon the City. Its tendency is to keep away outside capitaland to prevent the invest- tified by the caprlc?mul use of the word '’ instead of “‘pass’” Wy mind your attempt to nullify my au- f the surplus funds of our own people. f;e&:a’oys confidence and establishes uncer- | the veto take the usual course. | Bight voted to a man instanding by them- | was referred to the License and Ordinance | our Supreme Court showing that they haye THE SAN FRANCISCO CALL, TUESDAY, SEPTEMBER 24, 1895. tainty as the rule of official life. extravagance in municipal affairs. There are many items in the tax levy that might properly, with regard to eficiency and honesty, be materially reduced. Perhaps they would readily ageregate $1,000,000 or more. The present levy exceeds the pledges ot all the political parties in their last campaign plat- forms. It far mrfinsses the estimates of the Auditor, and is much higher than that progfised by the Finance Committee, and is the highest levy in the last twenty-five years. It seems to me that a tax levy, somewhere in the neighborhood of $1—1 per cent on & £300,000,000 valuation—is ample to run our ty on an economieal basis, this being supple- mented by about a million end & half doilars derived from other sources aad available for our public uses. For the above reas my assent to the pas- sage of Order No. 2903 is withheld, and my ob- ions thereto are hereby presented for the sideration of this board. Then came the battie. Superintendent Dimond moved that It inspires Su; be erintendent Hughes amended that it laced on file. The amendment is out of order,” promptly ruled Mayor Sutro, making a bold stand. ‘‘All measures of revenue are subject to the Mayor's order. Are you ready for the motion?” The eight Supervisors one another. “On_what motion?” manded Supervisor Wagner. “On_Supervisor Dimond’s motion,” an- swered the chair. “I appeal from any such ruling of the chair,”” sang out Supervisors King and Hughes. 8o the appeal was put to the test vote, and resulted in the old, old way. The Solid glanced at de- | selves, and the chair was overruled. Then the veto was piaced oa file by the regulation vote: Ayes—King, Scully, Benjamin, Hirsch, Hughes, Dunker, Morgenstern, Wagner. Noes—Taylor, Dimond, Spreckels. Absent—Hobbs. The only move now left is to bring suit to enjoin action to collect the levy. There is talk of Mayor Sutro and of the Civic Federation taking such action. Supervisor Wagner introduced an order providing regulations to be observed in the use of bicycles, bicycle tandems, ete. It Committee. The order provides that the rate of speed shall not be greater than eight miles an hour ‘‘on the streets in that portion of the City and County gz east of Devisa- dero street, north of I'hirteenth strees to Twentieth street, and lying north of Twen- tieth street from Guerrero street to the waters of the bay, nor at any time on any street in this City and County between one-half hour after sunset and one-half hour before sunrise, without having a lighted lamp in good order and condition attached to and in front of the same." Italso provides that riders must sound a whistle or bell when approaching within twenty-five feet of a street crossing. Rid- ing on a sidewalk is prohibited. Riders shall not carry children under six years of age. Riders shall always keep to the right side of the roadway and to the right in passing vehicles. The Chief of Police is charged with the duty of enforcing the order. Penalty—Any person who shall violate this order shall be deemed guilty of a mis- demeanor, and upon conviction shall ‘be punished by a fine of not more than $100 or by imprisonment in the County Jail not less than thirty days, or by both ‘such fine and imprisonment. The appointment of John J. Sullivan as bond clerk was laid over one week. Meet~ ing adjourned. REER R T IS THE VETO LAWFUL? Lawyers Are Divided In Opinion Over the Matter. A number of lawyers differ with Attor- ney Bergin in his opinion that the Mayor has not the right to veto the tax levy of | 4 $2 25 recently adopted by the Solid Eight of the Board of Supervisors. In speaking on the subject yesterday At- torney A. P. Van Duzer said: If the Board of Supervisors has the power to ignore the Mayor's veto, why cannot they abol- ish the Auditor or any other officer that stands between them and the treasury? The. opinion of r. Bergin, as published in THE CALL, in which he advises the savings banks that the Mayor be brushed aside, is only a reiteration of what the Southern Pacific attorneys have beén claiming in the fraudulent sale of street franchises. The Board of Supervisors must levy the taxes, and they must do it on thet particular day or not at all. Common-sense ought to have a chance to do semething occasionally. Let us apply a little to this proposition. A hundred things might intervene to prevent the board rom acting on any particular day. Unavoid- able accidents might prevent a quorum. Will it be contended that it has lost all jurisdiction to act? The Supreme Court swered that question in the case of the Spring Valley Water Works vs. the City and County of San Francisco, 82 California Reports. p. 286. It will be remem- bered that the board passed an ordinance on the last day of February, 1889, fixing water rates for the year ending June, 1890. Section 1 of article XIV of the consutution is as fol- lows, after providing that the rates for.water are to be fixed by an ordinance of the board to wit: “Such ordinances or resolutions shal be passed in the month of February of each year, to take effect on the first day of July thereafter.” The ordinance passed in February, 1889, above referred to, was not the offe desired by the Spring Valley corporation. Whereupon it hmughl suit, obtained an injunction and asked for a decree declaring the ordinance void and commanding the board to pass an- other one. February went by and summer assed into autumn, and it was not until anuary, 1890, that the Supreme Court ren- dered its decision on the appeal taken in the case, In that decision they declared that the ordinance passed was totally void and com- manded the board to frame and pass another ordinance fixing rates for the year ending June 30, 1890, and this was eleven months sfter the time in which the constitution says the board shall pass act. If anything is settled in law it is that when the law directs u thing to be done on a certain date the act required may be done at a subse- quent time as of the day named, or, as ex- pressed in legal phrase, nunc pro tunc. The next point made by Mr. Bergen is that section 68 of the consolidation act is repealed by section 3174 of the Political Cogz, as amended by the last Legislature. Now, the only amendment to that section ever made was to change the time of the levy from the third Monday in June to the same date in Sep- tember. Yet the Mayor's signature has been required to these orders. t is very evident that the Legislature did not intend that section 3714 of the Political Code should rePefll any part of the section of the consolidation act quoted. If they did they would have said so. The law does not allow the repeals of statute by implication. *If the two statutes are repugnant the court must reconcile them, if possible.” A column might be filled with extracts from decisions of established the doctrine—if anything can be established—thet laws can only be repealed in two ways. First, by so declaring a repeal in the act, and, second, when the two acts are so inconsistent that the courts cannot reconcile them, and the manifest intent is apparent that :ge xfis.zetr act was intended to take the place of e first. THE STOOK MARKET. The Gold Al stocks were very weak yesterday at a marked decline. Cnallenge dropped from 95¢ to 80c and Confidence from $2 70 to $2 50, sales in both being large. An improvement in the Ophir mine sent that stock from 81 80 up to $1 95, but it dropped back again to §1 70. Sierra Nevad tronger at $105,and Con. Cal. & Va. was at 8280, as the best figures. Best & Belcher ‘advanced to $1 20, but fell ‘back again. The other stocks showed no particular changes, but the day was a lively onefor trading. Adter the boards adjourned there was a rally in Potosi, which advanced to 70c under sales of 4200 shares. - The other stocks were quieter, but steady. NoTES. The Pacific Transfer Company palda dividend of 50 cents per share vesterday. N 1n the Uccidental Consolidated mine quartz with bunches of pay ore is showing ia the bottom of the winzes below the 550 level, In the Alta mine & new east crosscut has been started near the face of the norih drift on 825 evel. The yield of the Overman mine for the past week was five tons of ore,the average assay’ of which was 855 15 per ton. In the Con. Cal. & Va., on the 1100 level, the upraise started in the main north Jateral drift'ata point 66 feet in from the shaft station has been continued up with two compartments 21 feet: total 65 feet; top in porphyry Showing narrow streaks of quariz and clay separations. Samples taken for sssay show only nominal value. Have shipped Lo the Morzan mill 264 tons and 680 pounds of ore. The average assay value (per battery samples) of all the ore worked during the week (398 tons) was §2703 per ton. _Bullion shipped to the office in San Grancisco, assay value, $11,203 30, Builion on band in”assey office (clean up), assay valne $14,000. Are making repairs on’ the - and ne 1600 levels, in the way of keeping open the drifts for the circulation of air. S Tn_the Haie & Norcross miné the streak of ore in No. 1 upraise above the 970 level 1s still holding as last reported, and they are preparing to start up- raise 2 ut a point 70 feet_south of No. 1 on a streak. of ore. They conjinue (o stope ore ahove the inter- mediate level 30 feet below the 875. During the past week they extracted from all the workh!gn 27 tons of ore, assaying per mining-car sample $66 52 * tom. pe'n.e Chollar mine shipped 39 tons of ore, assay- ing $24 07, tothe Nevada mill during the..past ek and the Potosi shipped 100 tons, assaying 34 Work was resumed in_the Andes mine last Mon- day, and the north drift from the west crosscut from the top of the upraise from the 420 level was extended 10 feet; total length, 70 feet. The face is in porphyry and streaks of quartz. In the Ophir the usual prospecting work was done B0 feet above the sill #00r of the 1465 level and in the old Central tunnel part of the mine. In the latter region It is officially stated that the west crosscut from the end of the northwest drift frem the crosscut from the top Of the usraise, 117 feet above the tuunel level, is 100king better, and that the face Is in a guartz formation assaying $2 to 8 T toa, In the Sierra Nevada mine the upraise from the Layton tunnel level is up 23 feet, with the top in quartz and porphyry, aud on the 900 level the north drift from east crosscut 3 from the main norih ‘ateral drift is in clay and porphyry. BRUNSWICK LODE OPERATIONS.—Shatt 1 on Hale & Norcross ground near the Chollar north boundary has Leen sunk for a distance of 12 feet on the ineline; formation of quartzand porphyry showing some value; total depth 187 jeet. Shait 2 on the boundary of the Con. California and Vir- Kinis and Best & Belcher mines has been sunk for a distance of 12 feet ou the incline; total depth 89 feet, bottom in porphyry. Tunnel 1 on Savage ground, started at & point 75 feet north of Sutro tunnel shate No.3, hasbeen extended 27 feet, pass- ing through clay, porphyry and quariz; total length 322 feet. % BOARD SALES, Following were the sales in the San Francisco Stock Board yesterday : REGULAR MORNING SESSTON COMMENGING AT 9:30 16600C C 4 V280750 Mexican. .79 60200 500 Belcner...62150 600 B & B..1.15 100 1.20150 . +..61200 Mex AFTERNOON SESSI 250 Andes.....56200 CCEY., 2 209 Belcner. . 65/100 Following were the sales in the Pacific Stock Board yesterday: REGULAR SESSTION—1 300 a 200 Beicher. 300 .... 200 . 600 B& B 200 Bodie. 600 . N'Y...03900 S Nev ...1.0. E .07 00 900 Builion. 8OO, nlwer AFTFRNOON SESSTON—2:30. 15/500 Crown P..51 50 Ophir. 121800 Cholla % 300 Bodie 500 Bull! 20,500 Kentek...15 400 . .05 300 Bulwer. 10400 Mexican..68300 Union'....67 1000 Chal.....80/500 Mono.....14 500 Utab. 10 241400 Y Jucket..64 CLOSING QUOTATIONS, 30400 Overmn MONDAY, Sept. 23—4 P.yp. m.;gukud. 04 09 c 61 15 Best & Belcher. 1.10 03 35 78 40 13 21 - 10 13 2 Challenge Con. 84 175 Choliar. . 64 26 “on. C 71 45 11 1.05 0 2 0. Gould & Curry. 55 70 Hale & Norcrs. 1.60 10 11 Towa.. v - 54 - 56 STOCK AND S8OND EXCHANGE. MONDAY, Sept. 23—2 P, 3 UNITED STATES BONDS. Bid. Asked. Bid. Asked. USdscoup.lllly — |US4sreg...110% — MISCELLANEOUS BONDS. Cal-stCble5s. 110 — Do, 2d1s38s.101 — Cal Elec 1, 5810714109 [P & O Ky6s..110 120 Cotra CW 68— 100% P &Ch Ry@s. 9734101 Dpnt-stex-cp 77 95" Pwl-stRR6s. — 116 EdsnL&P 85.10673107% Reno, WL&L102 105 F&CH RR6s108 " —"° RiverWCofs — 100 Geary-stR5s. 99145102 |SFaNPRR6s10215 — LosAng L6s. — _— SPRRAriz6s 97 = 98 Do.Gnted.6s. — 10215 SPRR Cal 65.114141151 Mkt-stCble6s12814124 SPRR Calbs. 8715100 NevCNgR8s. — 102 |Do,1congtd. 87 NPCRR — |SPBrRCalBs. — 100 | NyRCal6s..102 104 SVWater6s.121 12114 NRyCalBs. — — SVWaterds. 997 — 1 — |StktnG&E8s102" 105 — |SunstT&T6s — 103 — |SutterstR6s.1101511215 — |VisaliaWCés — " 92 WATER STOCKS. ContraCosta. — 61 SanJose..... — 100 — [Sprng Valley 1001410034 GAS FTOCKS. 3984 PacificLight. 4514 46 Central....... 95— |SanFrancsco 70%a 70% OUsk G L& H. 4635 |Stockton..... 18 23 PacGasimp. 77%g T8Vl INSURANCE STOCKS. Marin Co.... 50 Capital, FiremansFa.167% — [SUl.......... 85 = COMMIRCIAL BANK STOCKS. AmerB&TC. — ~— [LondonP&A.126 12714 Anglo-Cal. .. 50 56 |London&SF. — 31 Bank of Cal.. 22815 — |Merch Ex... 1315 — Cal SD&TCo. 53~ 663 Nevada..... — =~ — FirsiNationl,178 — Grangers.... — - SAVINGS Ba: GerSELCo.1500 — L 489 606 | STREET RAILROAD STOCKS. 186% 75 [Preidio oy = ‘B Geary-st... residio - Murket-st.... 41 419 Sullersto... — = POWDER STOCKS. 1413 Jnason..... - 80100 " Vigorit.. = 1134 133 MISCELLANEOUS STOCKS. BIkDCorlCo. — 10 |PacAuxFA. 1% — CalCotMills, — — |PacBorax... 98 100 Ehontiet 93% 944 P Mo 1735 <d1son] . 'ae - GosConasmn, /8 O Paimt Co — 8 3 HawC&SCb.. = 28% HutchSPCo. 1175 113 — JudsonMfgC. — " — 30 45 MerfxAssn. 100 110 |UnitedCCo.. — 25 OceanicSsCo — 26 MORNING BFSSION. Board—50 § F Gaslight, 70%: $10.000 S V 8% Bonds, 99%. AFTERNOON SESSION. Bonrd—45 Edison Light & Power Co, 94: 25 11; 25 do, 1 Glant Powder Gol 114: 50 Hutchin- £on 8 P Co, 1114: 20 Pacific Gas Imp, 78: 100 cific Lighting Co, 454 fis F Gaslight, 7034, Street—b60 8 V' W 8, 10014, Vatel IR0QUOIS - OF THE FORTIETH. They Hold & Meeting and Elcct Officers and Committees. 3 The Branch Iroquois Club of the For- tieth Assembly District held a meeting last evening at Franklin Hall, on Fillmore street, near Bush. The meeting was called to order by Robert Haight, tempora: chairman. In the election of officers L. F. Manzer was chosen permanent chairman, Henry Brandenstein secretary, and W.J. 2 an treasurer. A committee on finance was appointed by the chairman oonsmint of Robert Haight, Robert Ferral, M. C. Hassett, T. P. Riordan and C. D. Wheat. The primary election laws were read and explained to the club, and the members exhorted to join in closer organization. ————— Pa- The Outcome of Two Small Fires. The premises of John Fer at 28 and 284 Welsh street were damaged by fire to the ex- tent of $400 early yesterday morning. An alarm was turned in from box 63 and the Fire Department soon had the 'he premises of Annie Greeny at 26 and 2615 Welsh street were later on found tobein’a blaze, and before it was put out damage to the extent of $350 was done. original fire is unknown. -+ 5 REVERENCE IS RELEGATED, Rev.J. A. Cruzan’s Address on the Trend of Religious Thought. ILL-TIMED JEST RESENTED. What the Presbyterian Ministers’ Unlon Thinks of Dr. McCosh of Princeton. Rev. J. A. Cruzan, pastor of the Park Congregational Church, and one of the stalwarts ‘of the Con regational Monday Club, addressed that'club yesterday on “The Present Trend of Religious Thought.” He said: There was never before such a search for re- ligious truth as to-day. There has been & re- casting of statements, but not any unsettling of essential doctrines. Christ is the great illuminating factor of the age. He, whom Isaiah called “The Desire of the Nations,” was never so universally recog- nized as now. Another marked tendency of the age is a be- lief ixi the fatherhood of God. The question of duration of punishmentis a burning one, continued Mr. Cruzan. The attempt (o inculcate the doctrine of eter- nal punishment is as futile in the light of resent accepted truth as it is to try to dam the Niagara with straw, The Imminence of God is recognized now as never before. Our little systems of dogma may need read- justment. The things that may beé shaken are disturbed in order that those that caunot be shaken be recognized in their eternalness and universality. Mrs. Cooper did not agree with the speaker in regard to George Eliot. She thought no irreligious thinker could write “The Choir Invisible.” v “Sin is not self-inflicted,” said Rev. Wal- ter Freear. . Professor Foster said the statement that punishment was self-inflicted was one of those truths that is said to obscure other truttis. Rev. Mr. Harris doubted whether those tendencies presented by the paper are actual tendencies of present thought. | Dr.Pond said he was in hearty sym- | pathy with the address from beginning to % | end. Dr. W. D. Williams said the chief speaker had undoubtedly given expression to the present trend of religious thought. Rev. W. H. Tubb thought George Eliot's novels and some others required re- casting. Deacon E. C. Williams said this was not an age of reverence. ‘‘Theold woman” laws were honored more in the breach than the ebservance. He referred to the ordinance’ againat bicyvcle-riding on some of the Oakiand streets being disregarded. Here some one made a jocose allusion to theological professors violating that ordinance, and Professor Foster protested that they did not. Rev. Joseph Rowell thought the idea of the fatherhood of God was permitted to absorb and exclude others, and when so considered was fallacious. Inclosing the discussion, Mr. Cruzan said there was as good authority as S8aint John for the doctrine, “God is love.” Presbyterian Union. Rev. F. 8. Brush of Alameda addressed the Présbyterian Ministerial Union on the subject of “The Personality and Teachings of Dr. McCosh of Princeton.” Commenting upon the appearance of the departed president of the great theological school, he said: ‘“He looked the brainy and brawny Scot he was.” “Dr. McCosh was in sympathy with the intellectual life of the day, though not al- ways agreeing with all the details of it.”> Rev. Duncan Munro’s sense of humor overcame his hereditary Presbyterian rev- erence for the names in the denomina- tional annals. He made what was consid- ered an irrelevant remark about McCosh rhyming with ‘“bosh’’ and ‘‘gosh.” r. Brush promptly expressed his in- dignation at an affront offered to himself and the memory of Dr, McCosh. Mr. Munro expressed contrition for the Jestif 1t was ill-timed. "~ Dr. Noble said he owed much to the The cause of the | tenses. A warrant = issued. - teachings of Dr. McCosh, and Dr. Hodge and Rey. E. E. Clark spoke in a similar vein. Mothodist Preachers’ Meeting, There was an informal discussion of church reports at the Methodist preach- ers’ meeting. Arrangements were made to secure a floral piece to be sent to the home of Dr. John Coyle for the funeral of his son, and appropriate resolutions of condolence were adopted. Dr. Wythe will read a paper next week on “‘The Psychology cf Regeneration.” The Clericus. Rev. W. A. M. Breck read a “Plea for Unity in Parish Work” at the meeting of the Clericus. Visiting Missionaries. Miss Silber, Miss Babbitt and Rev. Mr. and Mrs. Partch, fen route to China and Japan,will address the Board of Occidental Missions on Monda, Baptist Ministers, s The Baptist Ministerial Union discussed plans for meetings at the various Baptist churches eariy in November, when Gen- eral J. T. Morgan, secretary of the Board of Baptist Home Missions, and W. C. ‘Woods, Pacific Coastsecretary of the same, will present their work. Sold tne 01d Church, The board of directors of the Baptist State Convention yesterday executed a deed for the transfer of the old church roperty at Nevada City to Edwin T. R. Bovgell The building is forty vears old, and services in it have been discontinued. The builaing will be converted into soda works. The purchase price, $1000, will be applied upon the indebtedness of the con- .vention. Memorial Church Improved. . ‘The Memorial Presbyterian Church was much imsmved by its new paper and fres- coing, and its members looked upon the improvements with pride at the service Sun;idsy. A new organ was also appre- ciated. Missionary Meeting, The Oakland district meeting. of the Chester-street Methodist Church’ will be held in the Chester-street Methodist Church on Friday. E Evangelist Yatman in the Oity. Evangelist.Charles Yatman, who is mak- ing a tour around the world, will conduct a two weeks’ revival at Central Methodist Church, this City, commencing on the 2d rox. He will sail for New Zealand on the 7th prox. He expects to spend this week in the Sierras. McLEAN'S DIVOROE. Judge Hebbard Issued the Decree on the Ground of Cruelty. Anthony McLean, who made Evangelist Watt the corespondent in his suit for di- vorce from Carrie McLean, received his decree of separation vesterday, but on the ground of the defendant’s extreme cruelty. The community mgeny is _divided, one-half to each, and the custodyof the children is to be determined by Judge Hebbard when the decision is signed. by B S R TR A Bad Investment. Lonis T. Engle, 1237 Twenty-fifth street, told Judge Conlan yesterday that he had been swindled by James M. Jackson, 6 Eddy street. He said he was induced by Jackson to pay him §150 for an interest 1n certain petent medi- blaze under control, | clne: o;;eme promise that the income to er month. He found that Jack- son had ived him and he wanted him arrested !orobmmn%mone under false pre- r Jac 'S arrest was | pressed at his death. NEW TO-DAY—DRY GOODS. - - SEVEN EXTRA SPECIALS LT FOR, R — To=Day’s Trade! to-day’s specials In connection with the EXCEPTIONALLY CHOICE VALUES presented throughout our Mammoth New Fall Stock we offer At Bargain Prices! TIES! At 15 HANDKERCHIEFS, regular price 50¢ GLOVES! At 8O 40 dozen LADIES’ pair. =1=3 20 90c a pair. NOTE.—Every pair guaranteed and CORSETS! At S closed out at $1 each. TIES! TIES! Cents. 75 dozen ALL-SILK TECK AND FOUR-IN-HAND SCARFS, satin lined, in a variety of new colors, worth 25¢, 35¢ and 50¢, will be offered at 15c each. HANDKERCHIEFS! At 2 Cents Each. 300 dozen MISSES’ AND CHILDREN’S COLORED BORDERED HEMSTITCHED per dozen, will be offered at 2¢ each. At 8 Cents Each. 200 dozen LADIES’ COLORED BORDERED HEMSTITCHED HANDKERCHIEFS, regular price 75c per dozen, will be offered at 3¢ each. GLOVES! Cents. 6-BUTTON LENGTH MOUSQUETAIRE CHAMOIS SKIN GLOVES, in white and natural color, re gular value $1, will be closed out at 60c a Cents. i At 550 dozen LADIES’ BIARRITZ KID GLOVES (special purchase), in dark and me- dium colors, former price $1, will be closed at 65¢ a pair. Cents. At 650 dozen LADIES’ 5 AND 7 HOOK KID GLOVES, improvea Foster hook (special purchase), in colored and black, former prices §1 and $1 50, will be closed out at if not satisfactory money refunded. CORSETS! 1.00. A LADIES’ CORSETS, made of fine English coutil, sateen striped, long waist and hi{: bust, with patent loop eyelets, perfect French model, regular price $1 50, will MURPHY BUILDING, Warkel Stroel, corner of Jones, SBATN FRANCISCO. 'TWIXT EARTH AND HEAVEN A Farmer’s Strange Loves for i His Dead and Living Wives. A Letter Found After Death Re- veals the Motive That Prompted It. 0AKLAND OFFICE SAN FRANCISCO CALL,} 908 Broadway, Sept. 23. The mystery surrounding the death of Albert Schultis, who was found dead in his | home at Dublin, near Haywards, last | week, has been cleared up. The deceased ended his life by taking strychnine, but as every one supposed he was as contented as he appeared, much surprise was ex- Last February he | married his deceased wife’s sister, and to all outward appearance he was a contented and happy man. ¢ A letter was found yesterday written by Schultis in which he tells very plainly three reasons that induced him to end his | life. He seemed as anxious to meet his | departed wife in the great unknown as to | remain with her sister on earth. He also kept to himself the terrible secret that he feared he was going insane, and lastly, he | hndh.debtn to meet and nothing to pay | wit! SATURDAY MORNING, Sept. 14. | 0 God! This is my last day on earth alive! The boys all want their money and 1 have it not to pay and I would rather meet death than | owe and not pay. O God! have mercyon me. | My head is so heavy, and if people only knew | how I suffered they would not blame me. Now | the court will have to settle all business. I | hope it will do justice to all. My darling, my | darling, how hard for you to be left among strangers! You will have friends thas will be | 00d to you. Itis better that I dieasIdoand | glrm noone else. Oh, how glad I am to go. | You, my darling, have kept me for months | and I have kept this feeling in my head from you all. Now, I must not hurt any one—only myself. O God! how I have suffered the past three years. I have hid it all I conld, till T | cannot any more. God will hayve mercy on me. | I have two pictures in my pocket—one of | my darling here on earth, the other of my darling in heaven. I know, O God, that Ishall meet them there—O God. grant thatI | may. I have asked and prayed for wisdom !ngllght, d I believe God wiil receive me. Oh will be kind to you. Good-by, all—be kind to | my darling S8arah. O God, fol me and take | me! May I see my darling in 0 God! | yes have mercy on me. O God, have mercy on | me and point out some way that is right for | me, Something tells me to take my life. O God, is it right? I have been lem{ned men times to commit suicide since Jennie died, an have doneall I could to prevent it. I should have gone months ago, only for leaving my | dear one. Ob, how I have prayed for wisdom | down on the creek, and I believe God has heard my prayers. 1 have lived months just | for you, but my head feels so I can’t stay here on earth. 'O God, protect and keep my Sarah from | all harm, and may the people be kind to the dear | one. Something tells me to leave this earth, and I must go; 50 good-by to all. God will be with me, and I hope to meet my darling Jenniein heaven,and Sarah you will come soon, | God bless you. Ofx. how I love you. Now let the | court settle up my business. to pay all if honestly settled and some left ior | my di rlmg; good-by all. Don’t think I fear to | die—oh, I have wanted to go so long, and now | the time has come. Oh, my darling, don’t let it make you grieve; take care of yourself. is better asIdo for fear Imight do worse. God will forgive me. Ob, I will meet youin heaven—yes, yes I will! Good-by all—the last. A.S. Albert Schultis was born September 14, in New York State, and wrote his farewell letter on his sixty-seventh birth- day. The ranch on which he had resided for thirty years was incumbered for $10,- 000, but is worth three times that amount. About two years nfo his wife died, and he married her sister last Februray. P O I SR TR IA TS REAL ESTATE TRANSACTIONS. ‘Henry Pedlina to James Pediina, lot on N line of ‘McAllister street, 131:3 E of Masonic avenue, E 26 by N 137:6; $10. Samuel Williamson to John Center, 1ot on E line | 120 N of Rose, N 7, W | quitclaim deed, Berkeley: $75. nere is enough | & It | Ea of Castro street, 26:6 S of HIlL, S 20 by E 80; $10. Evan E. and Ann Jones to Henry Kobler, 1ot on Eline of Keneny gireets 53:6 N of Gréen, N 54 by Belinda Dufy to_Alicia Duffy, lot_on W_line ot ?I:ga sil('.eet. 14:7 S of Vallejo, S 22:11 by W Thomas Jennings to Mary A. Jennings, 1ot on N line of Pacific street, 114:6 W of Taylor, W 23 by N 60: gift. Same to Hannah Jennings, 1ot on S line of Pleas- ang street, 114:1 E of Jones, £ 23:5 by S 60; gift. Mary E., James F. and Peter J. Creegan to Mary Creegan, lot on SE corner Stevenson street, 421:11 SW of Sixth, SW 80 by SE 75; also lot on SE cor- “ner of Sansome and_Broadway, § 50 by E 40: also lots 41 to 45 in block 250, Haley and ('Neil Tract; Tienning and Henrletta Thode to Union Brewing Company, jot on NE corner of Solano nd Florida streets, N 150 by E 100; stock in corporation. Congregational Assoclates to Richmond Congre- gational Church, lot on SW corner of Clement street and Seventh avenue. S 75 by W 120 :§—. John Boyd to Solomon Getz, lot on W _line of Eighiesnth avenue, 135S of Eighth street, 825 by W 120; $10. Charles_Oswald to Daniel Sullivan, lot on SW cornerof V street and Forty-first avenue, W 240 by S 600; $10. Uno Ovlin to Swan Halverson, lot on N line of Sagamore street, 25 T of Orizaba, E 46:8 by N 128, block C, Raiiroad Homestead: $10. Hannah Oram to John Oram, lots 25 and 26, Holiday Map A: gift 3 Laurél Hill Cemetery Association to Samuel H. Keut, lot 2892, on NE corner of Live Oak and Greenwood avenue: $125. ALAMEDA COUNTY. Nellie F. Byrnes of Oakland to Joseph Phipps of o 5 S of akland, lot on W line of Grove street, 15 Thirty-fourth, S 45.92, W 117.83, N 34.73, E 116.56 to beginnuing, being portiem of plat 10, Rancno V. and D. Peralta, Oakland: $10. George L. Voice to Fred G. Weston of Oakland, lot on S line of Jomes street, 290 W of Telegraph avenue, W 60 by S 100, being portion of lots 13 ant 14, corrected map of Jones Tract, quitclaim, Oakland: $10. Bernhard E. Everson to James Kelly of Berke- ley, 10ts 11, 12 and 13, block 54, tract B, Berkeley L. and T, L. Association, Berkeley; $10. Jumes Mowat of Los Angeles 1o’ Maggie Mowat of Los Angeles, lots 57, 58. 59, block B, amended map Christiania Tract, Berkeley: gift. . B. Rountree to Albert S, Woodbridge of Oak- 1and, iots 14 and 15, block 25, resubdivision of Smith's subdivision of Mathews' Tract, Berke- ley; alsolots 27 to 30, resubdivision of block B, Prospect Hill Tract, Berkeley Township; $1550. Frederick Leuenberger to Emil Lenenberger, lot on N line of Clinton avenue, 100 W of Wil Hlow street, W 50 by N 150, being lot 7, block N, lands adjacen: to Encinal. Alameda; $10. Thomas Shannon,(by_attorney) to L. D. Man- ning of Onkland, lot'on N line of Thirtieth street, 815 W of West, W 50 by N 140. betng lob 32, block 2083, Rowland Tract, Oakland; $5. George and Bmily M. Bartholomew to Michael Y. Stewart, lot on § corner Sixth avenue and East Eieventh street, SW 114 by SE 150, block 20, Clinton, subject o & mortgage to Oakiand Bank of Savings for $2000, East Oakland; $10 J. . Lerri of Oakland to Alexander McAdam of Onkiand, lot 14, block E, Christiant Tract, Berke- ley; $10, Joseph aud Augusta rerzog to Robert 0. Baldwin of Oakland, loton NE corner of Felton and Baker streets, N 80 by F 125, being lots 16 and 17, block 8, Herzog Tract, Golden Gate, quitclaim, Oakland Township: 5. Gustave L. Bresse et al. of San Francisco to | same, same, quitclaim deed, Oakland Township; my darling, so hard for you! I hope ali | $10- John Fearn (executor estate of John W. Craw- ford) to same, lot on NE corner of Felton and Ba- ker streets, E_126, N 80, W 80, W 46, 8 69.16 to beginning, being lot 17 and portion of lot 18, block & Sierzog Tract, Oniland 1 ownship: $350. Henry B. and Loulse Berryman :!osuu'h fl.‘Dnlr bins of Berkeley. lot on ne_of Spruce street, ~; v 200,57, E 10 beginning, W. E. and Erminia Dargie of Oakland to T. F. Tracy of San Francisco,lot 241, Rose Tract, Brook- n Township: $5. lyMrs, M. A.pfll’ll ot Oakland to Jacob'A. Hall of Oakland, 10t on E line of Bray avenue, 1310.90 8 of old county road Oakland to San Leandro, S 56.69 by i3 175, being portion of lot 47, Bray Tract, Brooklyn Township: gift. Catherine O'Brien to Timothy M.and Ann Doyle, 1ot on S 1ine of Ward street, 125 W of Watkins, W 50 by S 175, being lot H and portion of lot G, block 3, town of San Leandro, Eden Township; 0. 10. F. R. Frotcher of Alameda to Frank G. Brown ot ymeda, unaivided haif fnterest in 1.50 acres on N line of Second avenue from which the SE corner lands of Sophia W. Bell and John Gilliland bears NW 2,27 chains_distant, thence NE 5.98 chains, SE 2.50 chains. W 5.98 chains, NW 2.52 chains to beginning, being portion of San Lorenzo Rancho, en Township: $10. John L.and Johanna J. Shiman to county of Alameds, right of way over bezinning at a stone monument, set at § corner lands of Shannon,thence NW 20.79 chains, NE 9.49 chains, SE 45.54 chain: SW 39.24 chalns to beginning, containing 130-!’8‘ acres V" sewer purposes) Eaen Township: 8100. Willlam Gibbons to ¥rank Enos lot on E line of Ellsworth street, where same 1s intercected N line of an H&?t‘{ extending to Vallejo street, N 67,1 144, 8 60, W 144 to beginning. block 4, town of Mission San Jose, Washington Township; $5. Builders' Contracts. Mary Gallivey to J. Bucher, t0 erect a two-story building on S line of Jackson street, 82:6 W of Walnut; $2820. Mrs, ¥. Held to Thomas Kinneal, to erectatwo- story building on S line of Broadway. 137:6 W of Fillmore street; $5820. Patrick Gartlend to James MeConahey, to erect & one-story building on N_line of Twenty-third atreet. 370 W of Douxlaas: 81325, 4

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