The San Francisco Call. Newspaper, November 29, 1895, Page 7

THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 2Y, 1895. 7 FRIDAY... ..NOVEMBER 29, 1885 AMUSEMENTS. BALDWIN THEATER.—“Dr. Syntax.” CALIFORNTA THEATER—Herrmann, the Great. CorvMBIA THEATER—“The Lottery of Lov M or08CO'S OPERA-HOUSE—*“Roger La Hont TIVOLT OFP¥RA-HOUSE—“The Lucky Star.” ORPEEUM—High-Class Vaudevilie. GROVER'S ALCAZAR.—*Cad, the Tomboy." AUDITORITM—Corner Mason and ELlis streets— lis E. Bacheller, on d r 30. MECHANTCS' — Horse Show, com- | mercing Tuesday, D SHCOT THE CHUTES —I ore Liock east of the Pa: PACIFIC CoAST JoCKEY C: BAY D1sTRICT TRACK. v at Haight street, AUCTION SALES. BY J.C. MUTHER—Palm Restaurant, 943 Mar- ket street, at 11 o'clock | By HaMMERSMT Tiamonds ans 10 . M. and By atches, | er street, at | P | JosEPH T. TEER ov CITY NEWS IN BRIEF. ] Herrmann nenceforth take shorter tours. Showers, stationary temr easterly winds are forec says 1 e and south- | day e la American man, | yesterday and was arreste ant vesterday ate his T! vay from home for the fi . & | lastnight. | Mas Bergen won the Palace Hotel stakes at , with Junius, a 25 to 1 chance | fam In the dice game called Prio Pinto Willt 3 1 hts | Bourn, a Sa; 0 eapitalist, 8 few n the final of the Thanks- | 1y’s Ocean View cours- n of & new police station near rict will be commenced as s00 e petroleum e to be erected at otrero to hold s supply of oil for use as 1 for local afac There is considerable speculation among the rce as to who will be ctives. 1 s eleven words in | r and intends to say | He is not stage-struck. ¢ Federation will commence formin clubs next week preparatory € rork in the next campaign. the police Pand a g lul afer, who was shot three times and at 1321 Larkin street on s y sinking atthe { on the part o { opinion, ho HAS CAUSED SURPRISE, {Judge Slack’s Latest Decision Does Not Meet With Approval. MATTERS OF FACT AND LAW. Presumptions of the Court in the Spreckels Case Believed to Have Been Incorrect. The decision of Judge Siack rendered Wednesday in the suit of Claus and Anna Spreckels for the possession of certain shares of stock held by Rudolph Spreck- els has caused considerable comment among lawyers who have given the sub- ject of community property'some thought. The decision, being upon demurrer, is umed to deal with questions of law , and yet a question of fact—the time n the community property under ad- judication was acquired by the plaintiff in the case—played a most important part in forming the court’s opinion. In the com- plaint of Claus Spreckels no allegation was made as to the time when the stock conveyed by the plaintiff to Rudolph Spreckels was acquired. The transfer was made in 1893, and the only aliegation is that the stock was in Claus Spreckels’ pos- session at that time. In demurring to the complaint these fac's, in order to make the contention one of pure law, were for the purposes of the demurrer necessarily admitted, otherwise an answer should have been made instead of a demu The demurrer was made only was it mentioned that the stock was acquired by Claus Spreckels prior to the passage of the act requiring the con- sent of the wife to gifts of community proverty by the husband. The defendant moved to dissolve the injunction on the ground that there was no showing that the plaintiffs were entitled to one. It was gen- erally presumed that under the rule that pleadings are to be construed as against the pleader, the absence of any allegation f the defendant that the stock acquired prior to the act of 1891 would to presume that the trans- der that law or that the stock ed after 1ts passage. In its ever, the court reverses this order of things. A second matter of fact which entered w: leaa the ¢ fer came was acqui 718 Leavenworth street, a D. Becker & Co., was found | lot yesterday. He is thought | a peddler, was attacked by | cet, near Fifth, | bed him in thé | pocketknife. | 1 veling salesman of the | embezzleme H | sterday | e had | private letter vi tates cruiser Baltimo; for this port, sne havir v the Olympia. | d on the east side of son and Washjngton, de the pres- _sren of Golden Gate Park | f Ci nia big trees are and that in time all forest | e judgment of the case of though a frien essistance a 1 Cyeling p road race over the Haywards ecember A tandem race, in eams will be entered, will be run rowned, ed to h D ng horses at Ingleside trac 1d_opening dey, were lipse, Jun 1 Weightman n gr Lex., Oregon E d Colone! rdle race. 1 attorneys view with surpr n the case entitled S , and express the op 1 st east wo particul worked con at h by great effort was the vessel | ang will sue Madison Babeock osition of Superintendent of ¢ will involve the question | ty government ac: supersedes | act | 1 opinion among members of | Judge Slack erred in rendering his | nesdey in the Spreckels case, estions of fact instead of con- | educational meeting of the Lavor | ociation wes held at Turk-street evening. P. Ross Martin and | s addressed the meeting on the r and socielism. i e Low, who was struck by flying | ight at the Columbia The- st of two girls. whom he bour and sent home filled 12l Thanksgiving day shoot snd re- mpany B, First Infantry, N.G. C., Guard, was held yesterday at Shell k. The members enjoyed & feast of end did some good shooting. E. R. Dille lectured last evening at Memorial Chureh, his subject being, nerican Shrines.” His address consisted of fescription of the scenes of stirring events in tory of the Revolution. he femily contest over Mrs. Jane Duff's he defense will claim that one of her| ed under age and perjury was com- | ted in securing the certificate. ~Other sen- | tional developments are promised. rles Whelan, a collector for F. H. Ames & mannfacturers of baking powder, was ar- rested Jast night by Detective Cody and locked ity Prison on the charge of embéz- ionging to his employer. i re has been nnusual activity in the ranks Irish-American Cuban volunteersduring | At least forty men have | 4 for Cubs. Several hundred will ably start within the next two weeks. s & meeting of the Buckley commit- e wenty five Wednesday night, at which the matter of filling vacancies on the General 2mittee spd of disciplining the alled oyal members was referred to & sub-com- | tee of four. s i tion is to be made by the Gran 2 o7 he books of Superintendent of Streets siiworth, and_s demsnd may be made for em to-day. The Grand Jury hopes to be able bring to light 81l the inner workings of the et Department. ¢ i @ college Greek-letter society of Pb "L;;:fl Delte zhu organized = California Alumni Association in this City with s charter membership of forty-four men, representin ie University of California, Stanford an seven or eight Eastern colleges. . chers' Board of Trade of San Fran- v-:!r‘:uf«f e Tamedn connties has requested the e he regulations regard. srant s suspension of the ! r - 2 the pnvckmz of meat for sixty days from vary 1. Willis E. Bacheller, tenor, ll:f_lted by Sig- m ulxd‘ Beel and Mrs. Carmichael-Carr, wiil ftve his last English song recital to-morrow a ;.lr- noon, at 3:15 o'clock, at the Y. M. C. A. aud m; rium. The programme comprises the series of six Grieg songs, “Reminiscences From Mount- Fiord,” and six others by modern com- pe W. E. Morgan, coiner of the Philedelphia Mint, nm\'ed‘in San Francisco yesterday and registered at the Palace Hotel. Mr. Morgan came out from Philadeiphia at the suggestion { the Treasury Department to make an exam- ation of the peculiar affairs of the Carson Mint, end bas been on duty in Nevada for tome days. 1 mere. | written concurrence of the wife. into the decision was upon the subject of the transfer. In no partof the complaint did it state that the transfer was a gift; it - announced that the stock came into possession of Rudolph Spreckels; and in the demurrer no issne was made of the nature of the transfer; but the opinion of the court was based upon, as the docu- ment states, *‘the question of the validity of the gifc,"”” at once bringing that question of fact into the case. All through these matter: the main issue, one of law, involving the validity of the title of Rudolph Spreckels | to thie stock which he holds under a trans- | fer to him by Claus Spreckels without the ! written consent of Anna Spreckels, his | wife. In neither complaint nor demurrer is the element of time made an issue, nor does it appear at all in the case except in the decision. The presumption then, ac- cording to general opinion, is that the transfer must be governed by existing laws, which at once brings the act of 1391 into the action. Among those who openly cxpress an opinion regarding the decision is ex-City and County Attorney John H. Durst, and he sums up in his words the general view taken of the case. “Judge Slack,’ he said, “‘is undoubtedly an able jurist,ana he is usually so very technical and so exceedingly careful to confine himself to the ruling on a de- murrer strictly to the pleadings in the | case that I am surprised that he has here been betrayed into error, butthat he isin | error I am very sure. “The complaint in this suit of Spreckels vs. Spreckels sets forth,as I understand 1t, merely the fact that upon a certain | date, Jaly, 1893, the plaintiffs were pos- seszed of certain property, that this was community property, but that the husband conveyed it to the defendant without the Nothing is set forth as to the date of the acquire- ment of that community property by the husband. “The statutes of 1891 practically provide | that the wife must join in writing with the husband in the transfer of community | property except in case such property had been acquired prior to the passage of the statute. Such being the case the general force of the statute is that the wife must join. The exception concerns o such property as had been acquired before 1891. | And itis a fundamental rule of law that | where no aliegation to the contrary is| made any transaction must be assumed to have come under the general provisions of the law, and not under the exception. “Judge Slack has ruled in his decision that because in the complaint no allega- tion has been made to the effect that the transaction comes under the general pro- visions of the statute it must be assumed that it comes unaer the exceotion. This evidently reverses the accepted rule of law and thus is undoubtedly error. “The law point involved in this case is precisely that involved in any action for the recovery of money loaned or in any suit ‘involvilg community property. For instance: “Suppose I had loaned you $40 five years ago and now sued to recover that amount. | My complaint reads that ‘previousto the commencement of this action’ I loaned you money and so forth. I say nothing concerning the length of time which has elapsed since the loan was made. Now the general application of the lawis that [ can recover. The exception-is that the lapse of a certain period outlaws the aebt. But under this decision of Judge Slack it would be held that the debt should be considered outlawed unless I expressly stated that it ‘was not. *‘Another thing, unless I had expressly stated the date of the loan or the length of time which had since elapsed the plea that the debt had outlawed could not be made upon demurrer. It would be a ques- tion of fact which should come up in evi- dence and which should be pleaded only in the answer. But Judge Slack in this de- cision assumes as facts these matters of evidence and takes up on the demurrer questions of fact as well as questions of law. “Or suppose a wife sues to recover prop- erty. Say it isa house which her husband bought immediately after their marriage. She is not required to state that the pur- chase was made with money which was not his separate property. The law as- sumes that it was community property till the reverse is alleged or proven. Yet under this decision the court should hold that the ral and statutory grounds, but | of factare brought to bear upon | purchase money was his seperate proverty uuless the contrary was expressly alleged. “So here, too, I think Judge Slack was in error.” The case will undoubtedly be appealed upon the points presented. The decision of Judge Slack allows the plaintiffs to amend their complaint, but it is probable that they will allow a judgment to be taken on the pleadinds as they are, and then appeal from that, or it may be that the decision on the demurrer will be taken to the Supreme Court. WATER REVELS, An Entertaining Programme Arranged for the 4th of December. The annual entertainment of the Cali- fornia Swimming and Polo Club will be held at the Lurline Baths Wednesday even- ing, December 4, on which occasion two championship contests will be decided. Several local swimmers are at present training for the 100-yard dash and the quarter-mile championship, and exciting finishes are expected in both events. Sev- eral dark horses will come to the front in these contests. Up to the present the | entries are as follows: One-hundred yard championship—C. K. Melrose, Olympic; E. Stolle, Oskiand; Dan Rencas, California; C. Schutte, California. Quarter-mile championship—E. Stolle, Oak- land; Irving White, Olympic; R. Cornell, Cali- | fornia; W. Pomin, California; C. K. Melrose, Olympic. This will be the star event of the even- z.and the swimming prophets will be kept guessing to pick the winner, although | Irving Whhite and Cornell have many fol- lowers who believe them invincible at the quarter. The remainder of the programme will be made up of fancy and high diving, chariot- racing and the grand illumipated minuet. | The evening's entertainment will conclude with a red-hot game of water polo between icked teams from the crack players of lifornia Club. I The gold and silver medals for the cham- gionshxp contests have been donated by A. . Hotaling Jr., who, in promotion of clean amateur sports, has generously come forward with prizes that are well worth winning. The timing and judging of the champion- ship contests have been intrusted to that well-known Olympian, John Elliott, whose name is sufficient guarantee that the com- 1 petitions will be efficiently handled. THE POET-SCOUT'S TALK, Captain Jack Crawford Delights an Audience in Y. M. C. A. Hall. Pony Bill's Cowboy Sermon Delivered With Intense Dramatic Effect and Power. Captain Jack Crawford, known the | world over as the Poet-Scout, delivered | one of his characteristic lectures in the auditorium of the Y. M. C. A. last night. He told many pathetic and amusing | stories, recited several original peems, sang a few of his own songs, and, in one part of his original and varied programme, | gave a successful imitation of what he was pleased to call “the Rocky Mountain '’ better known as the donkey. In fact Captain Crawford started out to please | his audience, and he succeeded most ad- | mirably. At no time did his listeners grow weary, and when he closed his even- |ing’s entertainment with a graphic il- | lustration of how “Wild Bill” killed two men in half a second the audience fairly | canar. yelled itself hoarse. General Warfield introduced the speaker, saying: -; “Captain Crawford first saw service in the Forty-eighth Pennsylvania, Army of { the Potomac. It was his regiment that | dug the famous mine blown up so success- | fully in front of Petersburg. At the close | | of the war he came to the frontier, engag- | ing as scout for the regular army. He was |inall the struggles against that famous | Indian chief, Sitting Bull, doing valiant | service as scout. I now introduce Captain Jack Crawford.” | Captain Crawford appeared on the stage |in a full buckskin suit, wearing a big | sombrero, from underncath which fell a | mass of wavy. brown hair, just beginning ‘ to be flecked with gray. | | | In rapid succession” he told story after story to the great amusement and edifica- tion of his hearers. He said that he had never seen but one game of football and | that was when his son was some kind of | a back, for a Pennsylvania team. He did comething wonderful in the way of mak- ng what they called a “touchdown,” and | then the people called him a hero. He | declared that it was worse than fighting | Indians, and by far more dangerous. | He recited a beautiful poem written by himself for the G. A. R.” Encampment at | Louisville. ““There was no enmity,” he | said, “existing between the men who fired | coid lead at each other. It was ail con- | fined to old women and political trick- | sters. The rebels believed they were right, for men do not die for things ‘they do not believe in. They were as honest as we were, and I respect them for it.” Captain Crawford read with great effect a poem written by himself, called, “A Short History of the War,” following this with his famous song, *“Marching Through Georgia.” EXPLAINS ITS OBJECTS. The Society of American Socialists Adopts a Liberal Pro- spectus. The Society of American Socialists held a meeting at 727 Geary street last evening for the purpose of perfecting organization. Owing to the small attendance on account of the weather the purpose was not fully accomplished, the election of a council be- ing postponed uantil a future meeting. The aim of the society is best stated in the fol- lowing prospectus, which was adopted by the meeting: The rapid wth of interest in Bocialist ideas among all classes in San Francisco has impressed us with the necessity of extending the educational work which is being done in | Bocialism. We find that pevple in every walk | of Itfe are anxious for relief from the present social disorder, and desire to learn how So- cialism would correct it. | _ The Society of American Socialists is organ- ized to assist in bringing this information be- fore every citizen. It believes that the coun- try has been prepared by the severe education of trusts and monopolies for a general Socialist movement in which the ?eople of all occupa- tions and classes will unite. Its especial pur- pose is therefore to accelerate thi: effort for the introduction of Soci: princi- ples. The society is in no sense a split in the Socialist ranks. ‘It is in complete sympathy with the platform and ends of the Socialist Labor party, and will seek to build up that party. The work to be done will be in entire har- mouy with all socialist sections of the City. The soclety is not a religious body. Itis an economie, ethical and educational association. We adopt tne name “‘Society of American So- cialists,” not to imply that there are English, Germen, French and American socialisms dis- tinet from one another. One of the strongest features of the rocialist movement is its inter- natioual character and the fact thatit is by | far the most important practical step toward the federation of the world tbat has yet been undertaken. The name is chosen to impress upon Americans the truth that socialism is for Americans, that it is a natural American in- stitution, as thoroughly indigenous as capital- ism and as truly American es intelligent in- dustrisl evolution is American. 1l-society RS S R He Distributed Bills. Ah Sing was throwing bills printed in Chin- ese broadcast yesterday. He evidently ap- fmvea of American methods of sending out nformation. He was observedby Sergeant Dayis of the Chinatown squad and put under arrest. LORD SHOLTO'S ONE LINE, He Must Have It Memorized Letter Perfect by Satur- day at Noon. NO GREAT LOVE FOR THE STAGE. He Wants to Be a Manager, Though, and Take Lady Douglas Out as a Star, Lord Sholto has not yet even begun to | study the part in which he is to appear at | the Alcazar Monday evening. There is | no danger of his suffering from nervous | prostration through the mental strain re- quired in memorizing it in the three days | he has left, though, as the part consists of eleven words. He looks intellizent as the witnesses of the wedding sign their names. Then he says: ““May your married life be as happy as | mine has been.” | Then he wrings the band of the groom | aud looks inteiligent some more while he listens appreciatively to Lady Sholto's song and dance. Lord Sholto views his nppronching,i | from that concern, both as a watter of con- the animsl as they do not require for their trade to firms who do nothing else but packing in various forms. £o the kiiling, retailing and packing are separate and distinct businesses, This is not only done by dealars handling medinm and poor grades of meat, but also by retailers who cater to the best trade in the City. They buy whole animals, and use the choicest euts for their trade, and sell the other cuts to packers. g ! Our season for packing is different from some places. In November and December our rainy season commences, and grass on our ranges begins to show in January and Febru- ary. Stock from the ranges begins to begood enouch to market about May, but 1o consid- erable amount ecomes in until July. From that date until December stock is plentiful and cheep, butfrom then until July again we have to depend entirely upon stock that has been kept up and fed at the various feeding centers, whien of necessity makes the price very much higher and packing out of the question; that is, of course, at any figure that would en- | able us to compete with goods packed during the rush of range stock. You can see by this that our goods are now all up, .or nearly so, for this year, and that there is mo chance of getiing any great amount more to supply our trade from Janu- ary 1 to July next. The Butchers’ Board of Trade of this place has for its members every slaughterer, jobber, retailer and packer in both San Francisco and Alameda counties, und fully 90 per cent of the meats of all kinds handled at this port go through our members’ hands. The Western Meat Company of Baden (not South Francisco, as they represent) is the only firm handling meats outside of our board, and their output | is about 10 per cent (rather less than more) of meats handled here. We notice that your Mr. | G. 8. Baker is practically making his head- quarters with the Western Meat Company, and we urge that you will provide an office’in a | more central Iocation and separate entirely veniencs to us and also for the reason that, on account of the strong rivalry existing, that bad feelings may not be engendered. lications_signed #s being in South 0 are all in the City and County of Meat Company’s plant, which is on your list of bureaus as being in South San Francisco, is not in this County, but is- fourteen miles from here, in San Mateo THE NOBLE ACTOR WHOSE PART CONSISTS OF ELEVEN WORDS. [From a photograph.] debut with the utmost equanimity. He1s | not stage-struck. Heis an acior for rev- | enue only. At the same time he isentirely | confident that he will make a success. | “I don’t think I shall be afraid,” said his " lordship quietly. *I haye received so | much notoriety of late that I am getting | used to it anc I am sure I shan’t mind ap- | pearing on the stage. “1 don’t intend to be an actor, though. | I am going to take out a company of my | own and be the manager.” “Will you have Lady Douglas as the star?” was asked. *‘Oh, no, not at first,”” he said. ‘‘After she’s had a month or so of practice I might. I'm sure she’d pick the business up very quickly, for she is made for a good actress.” Lord Sholto said he was still getting his remittance from England. He was put- ting his wife on the stage because he wanted to be busy and make money. I came over here to make money,” he said frankly. “Thisis the easiest way I | can see how to do that,and it pays the most.” Mr. Grover does not expect to tax Lord Sholto’s talent very much in the begin- ning. He will teach him his eleven words and watch the result. . If the young noble- man proves a promising subject several more lines will be interpolated into the | play and tbe new actor’s memory exercised further. I think a mistake has been made as to | Lord Douglas’ ability,” said Mr. Grover | last night. *I found him very shrewd and | observant. When we were talking of signing Lady Douglas I suggested that he might introduce her with a few remarks. He looked down for a minute, and then quietly said: “‘I"think that would be worth more money.’ : “And he was right. So we signed them oth.” Lord Sholto begins rehearsals to-day. His struggles over the memorizing of his | single line begin this afternoon and he will be expected to have his part letter- perfect by Saturday noon. THEY COURT INSPECTION. Butchers Explain Their Circum- stances to the Secretary of Agriculture, A Suspension of Regulations for Sixty Days From January 1 Is Requested. The Butchers’ Board of Trade of San Francisco and Alameda counties has for- warded a communication to J. Sterling Morton, Secretary of the Department of Agriculture, stating that a majority of the butchers under the jurisdiction of the board desire a Government inspection of the animals slaughtered at their several places of business and of the hounses them- selves at an early date. The following isa copy of the letter: In advance allow me to assure you of our active c ration in carrying out'the intent of said inspection, and the only reasori that an earlier application has not been made was the total absence here of any definite information as t& the necessary steps to be taken, etc. The only knowledge obtainable was in the hands of Custom-house brokers, with whom we seldom come in contact, a8 you will see later on. The first information we have been able to get was from your Dr. G. 8. Baker, who arrived some few dl{l ago, and there has not been an lrplluflon nk obtainable, except one sam- ple copy which was procured from a customs broker ‘and from which we have had these printed here. Slaughtering is done here by firms which do that only, no packing being done by any of them, with the exception of two or three firms who fiandle hogs ouly: Firms, as a rule, handle only one class of animals, it seldom being the case that a beef !hnl‘htenr kills any sheep or vice versa. Beef and calves are mostly handled by the same firm, sheep by others and hogs by others. The sl u;hhreIlnlmlll, As they hang in their several houses are sold entire to jobbers and tetailers, in some few cases direct to packers. Jobbers and retailers then sell such portions of | feet or | the relief asked for in that letter. | President Butchers’ | bound in lastevening from San Blas, while | | coming to an anchor off Section B of the | County, at a place called Baden. For the sake | of seliing their town lots they called their | place South San Francisco, but something | over a year ago the Postoffice Department changed the name to the original one of Baden. Of the applications herewith presented, | those marked as from South San Francisco are all from one immediate neighborhood. The | houses ‘with one or two exceptions) adjoin each other, and all within a radius of 1000 Those in Oakland are located at | Stockyards, West Berkeley'’ (a suburb of Oak- land), and are ail right together. To our communicetion under date of Oc- | tober 28, 1895, we have up to date received no | answer from your department. The matter is | an urgent one, and_we again ask you to grant It is absolutely impossible for us to put up goods for the next six months' trade, and if goods now up are not made available an im- mense loss will be incurred by our dealers and our trade will be diverted to cther points. A suspension of thie enforcement of require- ments on meats already packed for sixty days from January 1, 1396, is absol necessary to work off the siock on hand; and alse that your force of inspectors be organized and get to work with all p¢ ble dispatch. We are extremely sorry that a portion of the delay has been caused by our ignorance of | steps necessary, but, as w¢ have explained, it wes caused by the packers, being entirely d tinet from the slaughterers, failing to dissem- inate what meager knowledge they possessed in regard to it, but we are anxious now to make up for lost time, Respectfully, Sax C. HAMMOND, Board of Trade of San Francisco and Alameda counties. B. 8. Hory, Secretary. ————— TWO VESSELS COLLIDE. ‘While Anchoring, the Schooner Cz Runs Afoul of the Richard III. The schooner Czar, Captain Hutman. seawall, drifted on to the bow of the bark Richard II1. The schooner had her main ! rigzing on the port side and part of her ! bulwarks carried away. Nodamage to the bark was reported. They were towed apart by the tug Sea Queen. ————— Fire Record. A burning chimney at 1205 Polk street caused the alarm from box 135 at 7:21 yester- day evening. No loss. —_—_— NEW TO-DAY. TWO EXUBERANT MAIDENS, They Greatly Disturb Police Judge Low at the Columbia. INDIGNATION OF THE COURT. He Proceeds to the Foot of the Stair- way and Calls a Bailiff up to Make Arrests. Even a tie game of football will produce exuberance. . It is well to state right here, however, that exuberance is not unirequently fol- lowed by some one’s indignation. There are various kinds of exuberance and various kinds of indignation, but two distinct brands were introduced at the Columbia Theater last night. After the Stanfords and the Berkeleys had massacred each other for a few hours at Central Park yesterday before several thousand spectators some of the assembled multitude concluded to accumulate at the | Columbia Theater to witness “The Lottery of Love.” Miss Blanche Beemer and Miss Ethel Bradbury attended —they were exuberaut. Police Judge Low was also there. He was indignant. It seems, in fact it was, that somewhere in the first act, when Mr. Dixey was get- ting in his introductory licks on the audi- ence, that Miss Beemer and Miss Brad- bury, duly decked out in Stanford colors, began the happy and entertaining pastime of eating pinenuts in the front balcony ceats. The little side pleasure of project- ing the shells into the audience beneath was introduced at regular intervals and the girls were having a nice time at very moderate cost. Very few people who engage in tle game of sneil-throwing are aware that it is against the rules to hit a Police Judge in the first act, or even in the neck, and it was this little misunderstanding of the game that caused Charles A. Low to become indignant, so much so that he called a foul and with all the dignity con- tiguous to the practice of law stated to the usher, who had no particular interest in the game, that he wanted something done that would bring about better results. It is said that the Judge appealed to the umpire three different times, only securing a satisfactory decision on the last appeal, which was duly delivered to the offenaing parties, whose exuberance had risen with the court’s indignation. The usher in the best language at his command informed the young folks (18 summers eachf that if they did not play fair they would have to retire and give some one else a chance. The usher then made a low well handled and retired him- self. The girls, foaming with good Stan- | ford wrath, left their seats at the conclu- sion of the act with the firm intention to abjure theatrical performaaces for the nizht, but the court, sitting with his wife, who had been struck with one of the shells or some other object, had worked up a verbal decision which he delivered to the girls as they came down from the balcony for the purpose of going elsewhere. He then followed them out into the street and instructed a strolling bailiff to conduct them to the City Prison and charge them | with battery. Then there was another case of indigna- tion and one of deep remorse. Score: Two indigs and one remorse. ‘The bailiff, who was one of the finest, and a gentleman, sir, called a carriage, and the girls were hied away to the home | of stone and iron, where they were charged as the court desired. Both of them did considerable hard thinking, but Miss Blanche was very concise in her state- | ments regarding what would be the result of such indignity. She even intimated that “somebody wouldn’t do a thing to the court,” who strangely enough ap- peared at the prison later in the evening and took the floor himself for a few mo- ments. He said that the girls were actingina manner not in keeping with the accepted behavior in vogue among ladies, and that they not only tossed pine nutshells into the spell-bound multitude beneath, but that they occasionally slid out a button and other hard substances, one of which struck Mrs. Low and laid open her cheek. The court further stated in detail, and to the best of his knowledge and beiief, that he thought the girls by their actions were not quite the kind of people to parley with, so he ordered an officer to make the arrest. He then removed all legal forms so common in discussing flagrant acts of in- discretion and with a kindly and fatherly air gently admonished them to go forth and be guod, dutiful little girls. One of them was filled with contrition and the other wigh disgust, but it is safe to say that there will be no disturbance of a similar character to-morrow night—at least not by the same exuberant maidens. The skin turns blue when exposed to cold because by a low temperature the circulation is impeded at the surface, the arterial blood is partially prevented from flowing beneath the skin and the venous biood, which is aimost purple, gives color to the skin. NEW TO-DAY—AMUSEMENTS. PACIFIC COAST JOCKEY CLUB (Ingleside Track). One GOOD Cigar is better than two poor ones; better for health, more productive of enjoyment. If you can afford to spend but 25¢ a day for smoking buy two (or three) Estrella Cigars. Ask for the new ones with a band, and in new shapes. They’re NEW CROP —and even the dark ones are mild. 2 for 25¢, 10, and 3 for 25¢. ESBERG, BACHMAN & CO., 'WHOLESALERS. T P i R R e GRAND OPENING NOV. 28. FIVE OR MORE RACES DAILY. (RAIN OR SHINE.) FIRST RACE AT 2:00 P. I'l. ADMISSION $1.00. Take Southern Pacitic trains at Third and Town- send street Depot, leaving at 12, 12:30, 1:45 and 2:15 ».x. Fare for round trip, including admis- sion to grand stand, 81. Take Mission-stree: elec- tric lime direct to track. A. B. SPRECKELS, Presicent. /IF IT\ /DOES NOT\ /RAIN\ AN SHOOT THE CHUTES Haight St., near the Park CONCERTS AFTERNOON AND EVENING. ADMISSION 10 CENTS. ASSOCIATION AUDITORIUM, Corner Mason and Ellis Streets. TO-MORROW (SATURDAY) AFT! % At 3:15, November 30, s b WILLIS E. BACHELLER. SONG RECITAL - - { Mrs Carmichacl-Carr, Admittance, Fifty Cents. W. 8. LEAKE, Secretary. THEADMIRAL'S ADVICE How a Stout 01d Sea Fighter Defended His Wooden Ships. 01d Admiral Farragut said that the best de- fense againstan enemy’s guns is not armor- plate, but a flerce and well-directed return fire that will silence the foe. He believea in protecting his ships, but he relied for success upon good guns and brave men. Battles are won with them, not with armor. Now that the season is changing it is unneces- sary to recommend more protection for your body in the shape of clothing. But no fabrie ever woven will keep out the autumn colds that fasten themselves upon the system so rap- idly ana stick so long. Doubtiess you know people who, although lightly clad, never seem to take cold, whiie others cough and shiver despite all their wrapping. The people of the first class, like Farragut’s ships, are defended from within. They have'nerves stout as whip- cord and blood thatleaps with the irrepressible vigor of perfect heaith. Maybe they were born so, but in uncountable instances this condition resulted from a timely use of a wholesome stimulant at the first ap- proach of cold. The most popular stimulant for medicinal and family use is Duffy’'s Pure Malt Whiskey. Experience has shown how completely, by stirring the lagging circulation, it prevents congestion, and so helps the sys- tem to get rid of a cold. 1t whets the appetite, too. This is an impore tant thing when you remember that people with a baa cold do not care for food. Duffy’s Pure Malt Whiskey of itcelf retards waste of tissue, as experiments have shown, but its chief value lies in its tonic qualities. Insist on hdving Duff, L MAYMON Ano Co; MEATRE PROPS. TO-NIGHT AND ALL THIS WEEK, MATINEE SATURDAY. “DR. SYNTAX” A Novelty in Comic Opera as Presented by ewoltr FTOPPHEIR And His Celebrated Lyric Organization. Next Week—4th and Last of DE WCOLF HEOPPER. Monday, Tuesday and Wednesday Evenings, “DR. SYNTAX” Thursday, Friday and Sat. Ev'gs and Sat. Maty “WAING? &3 Seats Now Selli NEW TO-DAY—AMUSEMENTS. . Rl HAYMAN EVERY NIGHT THIS WEEK. MATINEE SATURDAY. Enthusiastic Welcome to HERRMANN THE GREAT! T— | The Hypaotlo {-h‘pmm IL—— T K {L TO————- | The Sensational Aquatic Mystery, SEE———| THE SPRAY OF LIFE And MME. HERRMANN'S New Spectacular Dance Creations. GROVER’S ALCAZAR. Superb Production of CAD, THE TOMBOY ! LEONARD GROVER JR. GRACIE PLAISTED, And the Magnificent Cast. MATINEES SATURDAY AND SUNDAY, Matinee Prices—iOc, 15¢c. 25c. Night Prices—10c, 15¢, 25¢, 35¢, 50c. MONDAY—Revival of ‘THE GOVER< | NOR.” Lord and Lady Sholto Douglas® first joint appearance on any stage. TIVOLI OPERA-HOUSE Mes ERNESTINE KBELING Proprieior & Manage: —-IL.ast NWights— Of The Brilliant Spectacular Oriental Fantasie, “THE LUGKY STAR” MIRTH !———SONG!———DANCE! DON’'T MISS IT! ~——NEXT WEEK—— “THE MIKADO!” Popular Prices—25c and 50e. MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theaterin America. WALTER MOROSCO. ... Sole Lesses and Maaagse THIS EVENING AT FIGHT. ——A GREAT HOLIDAY BILL !-—— Magnificent Revival of the Famous Drama, “ROGER LA HONTE” Or, A MAN’S SHADOW. Three Hours of Solid Pleasure. EVENING PRicKs—25c and 50 Family Circle and Gallery. 10c. Usual Matinees Saturday and Sunday. ORPHEUM. O’Farrell Street. Between Stockton and Powsll. @~ GREAT THANKSGIVING CARNIVAL! AL NEW!: FRERES MATHIAS, MME. MARTHE TARTHY, THE JUDGE BROS., SADI ALFARABI And Our Great Speclaity Company. ed seats, 25¢; Balcony, 10c: Opera coairs FRICOLANDER GOTTLOD & co- 1e:5%s anmamastRs-«- REMEMBER, ONE WEEK ONLY. RY E. Apd His Merry Company of Plavers. in the Excruciazingly Funoy Comedy, THE LOTTERY GF LOVE. Monday Next—Jo Jy JOE CAWTHORN, FINER THAN LAST YEAR! THE SECOND ANNUAL HORSE SHOW FIVE DAYS AND EVENINGS. Commencing Tuesday, December 3, at THE MECHANICS' PAVILION. $15,000 in Cash Prizes. $S5000 in Special Prizes. New Features and New Programme Daily. rPrRrRices Admission, Daytime. Evening Prices, General Reserved Seats, $1.50, 82 Reserved Seats now on sale at H. S. Crocker's Store, 327 Post street, 9 A. M. (05 P. 3. RURKING % RUNNING DO missio and $2.50. RACES! RACES CALIFORNIA JOCKEY CLUB RACSS, FALL MEETING! BAY DISTRICT TRACK. Races Monday, Tucsday, Wednesday, Thursday, Friday and Saturday— Rain or Shine. ¥Five or more raceseach day. Racesstartat 23:0) ». . sharp. Mcalister and Geary s:rees cars pass ) LB gate. -