The San Francisco Call. Newspaper, December 3, 1895, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY, DECEMBER 3, 1895. HEAVY PENALTIES ME Strong Views Relative to| the Southern Pacific | Company. | SUGGESTIONS OF CLUNIE. Two Propositions Made to Sim- plify the Great Railroad Controversy. SHIPPERS MAY BRING SUITS. The Farmers’ Alliance May Take Up the Prosecution of the Rail- road Company. With a fuller understanding and a wider | edge of the many and impo tant | involved in the great triangular le o that will be fairly on before . | McKenna of the United States Circuit | Court on Monday nex more gen- | er d deeper inter a E what will be the uitimate results of the t brought by the Southern Pacific Com- to enjoin the State Railroad Com- mission from reducing rates, and the proposed intervention of the Federal Gov- | ernment with the purpose of defending its | sts as a creditor of the Central Pacific | Railroad Company. ! er rather sensational feature was added to the situation yesterday by a com- ion sent to the Railrcad Commis- Andrew J. Clunie, who had | been acting as the legal adviser of Com- issioner Stanton until recently, and who | obably as familiar with ail the ques- nvolved as any one who has figured s most important controversy. In was on the advice of Mr. Clunie that Commissioner Stanton introduced the reso- lution making a horizontal reduction on per cent, and for this Clunie stated in part ex- D course in addressing a letter on the subject to the commission, he now proffers his suggestions. His communication is as follows: 8aN FrAXNCISCO, Cal., Dee. 2, 1895 To the Homorable Board of Railroad Commis- sioners—GENTLEMEN: Deeply interested in the | of the contest now pending in the Cir- t of the United States for this district the Southern Pacific Company and.| ave carefully watched each step able controversy from the time of the issuance of the unwarrantable injunc- tion, restraining the future action of your board in so far as the reduction of rates of the Southern Pacific Company are concerned, to | e recent most monstrous action on the part the United States, in attempting to delay and hinder the State of California in itsde- fense of this proceeding, by means of its com- | laint in intervention, whereby it is §0 end the name and influence of the United | States to the Southern Pacific Company i this, their most atrocious attempt to throt- tle the rights of the shippers of this State, the simple, straight cut one, of whether grain tariff 1, involving & reduction of 8 per cent on former rates, allows a reasonable sum fo the | corporation for the services rendered. The resolutions, the repeal of which is hereby sug- gested, were merely actsof declarations as to the future intentions of your commission. Un- der them no reduction has been made, and as soon as the injunction heretofore issu modified, which it gality is called to you can proceed wi as you may deem a tate thoroughly u; € in sixteen yes: a body that will and interests and wil knowl I rain rates of 8 nation of h visable. The people o fthe | d that for the Arst smewhat familier with the proceed- your honorable board, I desire to offer ain suggestions which, in my ovinion, will atly Incilitate pr ings in_the Circuit Court, and enable you to secure the speedy de- cision'so much desired. I recommend that your board imme- ind, annul and set aside any and etofore adopted by you ex- nor desire on the part of 1d 1o make any reduction of rates of suthern Pacific Company, other than the our board, whereby grain tariff ,and the only vote necessary natter is that by which this sing any inte th e was finally adopted. ct of this action on your part will be 1ove from the record and consideration 1it Court much extraneous matter ch tne railroad hascumbered the rec- befog and muddle the court, he 10 be decided by thatcourt. Second—I recommend that you communi- once, by telegraph, with Congressman gnire, who is now 'in Washington, in- m as to the contemplated action of the ted States authorities in this City, and of the iact that grain tariff 1 does not affect the interests of the Centrel Pacific Railroad in any material degree, and ask him to consult with the administration at Washington and secure instructions to the local authorities to desist from their preposterous attempt to handicap the representatives of the State of California. t is made I feel certain thatsuch 11 be sent, and thus the compli- to the intervention of the this proceeding will be Very truly your: incident United Siates in cations avoided. ANDREW J. CLUNIE. In an interview with Mr. Clunie as to the full sigrificance of his communica- tion, he stated that his idea was to get the issue narrowed down to the simplest possi- ble form and then carry the fight through on its merits to the Supreme Court of the -United States, and determine once for all the powers of the commission. This ques- tion, he added, had never been determined by the Supreme Court of the United States, for the simple reason that it had never been permitted to come before that tri- bunai on a clear-cut issue. It was always involved with some technical Jaw point purposely interjected by the Southern Pa- citic Company. “Take the case,” he continued, ‘“‘of the Texas Railroad_Commission, upgn which the Southern Pacific Company seems to rely so coniidently. The decision of the Supreme Court of the United States in that case is clearly in favor of the present contention of the Railroad Commission of this State. It will be remembered that the Circuit Court held that the rates fixed by the jcommission were unreasonable and declared them void and also issued an or- der restraining the commission from mak- mgftf\ny further changes in the railroad’s tariff. ‘“When the case was taken to the Su- preme Court it rendered an elaborate de- cision on the status of the commission, Lolding that its creation was not a viola- tion of the Federal constitution, but that the State had the absolute right to regu- late railroad rates within the State through its commission, so long as such rates were not unreasonable. The closing sentence of that decision was as follows: It follows trom these considerations that the decree as asked must be reversed in so far as it restrains the Railroad Commission from discharging the duties imposed by this act and from proceeding to establish reasonable ratee and regulations, but must be affirmed go far only as it restrains the defendants from en- forcing the rates alreedy established. “I kunow,” he continued, ‘‘that it is claimed that the provision in the State constitution which declares that in all controversies the rates of fares and freights established by the commission shall be deemed conclusively justand reasonable is a contravention of the constitution of the United States, as it gives the commission virtually the power to confiscate railroad property without due process of law, by making rates so low that the railrcads would ie operating at a loss. I admit that this clause of the constitution of the State may be declared unconstitutional, but that would in no way affect the right of the | ignored in the approachlng contest so far | the investment and interest to your debtor. (1 | by granting the temporary injunction re- | Judge McKenna was to NACE THE RAILROAD, sion is willing to have the Circuit Court pass upon the reasonableness of the rates fixed on grainindicates that this objection- able provision of the constitution is to be as the commission is concerned. “Now, what constitutes a reason- able rate is a question that has never been decided by the Supreme Court of the United States, and tnis is in reality the pivotal question of the whole matter. During the investigation Attorney Martin of the Southern Pacific Company made | what I consider a great bluff when he quoted the decision of Judge Brewer as to what constituted a reasonable rate, and de- clared the commission must in its action conform to that decision. “At the time Judge Brewer rendered his decision defining a reasonable rate he was on the Circuit bench in lllinois, so that his decision will carry no great weight with Judge McKenna, if it can be shown that Judge Brewer was in error,and I be- lieve this can be shown. Judge Brewer declared that a reasonable rate was one which returned to the carrier operating expenses, fixed charges, such as interest on its bonded debt, taxes, rentals, etc. In this he has, I am confident, gone beyond the law, which says that private property cannot be taken for public use without compen- sation. The law does not say what the | compensation shall be, mnot even that 1t shall be reasomable or just. 1t merely requires that some compensa- tion must be made. It certainly did not | contemplate that compensation to a car- rier should include interest on its debt as well as a profit on the actual cost and maintenance of the railroad. Let me illustrate in order to show more clearly | how unijust such a view of it would be | under circumstances that might easily | obtain. “‘Suppose I built a road costing $1,000,000 and paid for it in cash from my own pocket. A reasonable rate on my road would mean simply operating expenses, | taxes and a certain return on my invest- ment. Now, say you, without a dollar of your own, constructed a railroad and bor- rowed the money to pay for it, giving bonds secured by a mortgage on the r. road to the man or men from whom you obtained the loan. According to Judge Brewer’s decision you would have a legal right to charge rates which would include the cost of operating, taxes, a return on In other words, the man who had no| money of his own invested in the road would have the right to charge higher rates than the man who had the courage afd enterprise to build a road with his own capital. “Take it in another light. If the road built with borrowed money is permitted to charge a higher rate than the unincum- bered road, so as to cover the interest charees on the borrowed capital, it would m that the shipper was being taxed to bay actually two profits on the money invested in the incumbered road; one profit to the ostensible owner and the | other profit to the creditor of the road in the shape of interest. Now, I do not be- lieve that any one can be found who would declare this just. “Iam certain thatshould Judee McKenna agree with Judge Brewer as to what con- stitutes a reasonable rate that his ruling | would be reversed if taken to the Supreme | Court. “To my mind Judge McKenna has already made a gross error in this matter straining the commission from making | any further reductions or from enforcing | the reduced rates already established. do not mean to charge, however, that lame for this, for he was undoubtedly purposely mis-| led by the railroad’s counsel when | the latter presentea their application. | The Texas decision previously referred to | and which should have been properly | called to the attention of the Circuit Court Judge of the district, distinctly states that | the Circuit Court of Texas was in errorin | granting an injunction restraining the | Railroad Commission from performing its | prescribed duties. The only power that | Total income. Net Income. . lies 1n the Circuit Court, it is therein de- clared, is to pass upon the reasonabl of specific rates fixed by the commission. | “So far as issuing an injunction against | the commission restraining them from en: forcing the rates already established by | them, any such action is simply the veri- | est nonsense. The Railroad Commission | has nothing to do with enforcing the rates | established by it. It simply makes them | and they become operative after the twenty | days’ notice has been served upon the rail- road company. It simply remains for the shippers to take advantage of them. If the railroad company refuses to accept the new rates, then any shipper or citizen has the right to institute proceedings against the carrier, under the following constitu- tional provision: Any railroad corporation or transportation company which shall fail or refuse 1o conform to sucn rates as shall be established by such Commissioners, or shall charge rates in excess ereof, * * * shall be fined not exceeding 000 for each offense; and every offic agent or employe of any such corporation or company, who shall demand or receive rates in excess thereof, * * * shall be fined not ex- ceeding $5000, or be imprisonedin the county jail not exceeding one year. “It will be seen that the Railroad Com- mission has no power to either fine or imprison. This must be accomplished through a court’s intervention. There- fore, any injunction against the Commis- sioners to restrain them from enforcing rates established by them is like trying to restrain a man from keeping anotberdead after he had killed him. To my mind, the railroad company has been liabie to the constitutional penalty ever since the ex- piration of the twenty days’ notice of the new rates served upon the ;Southern Pa- cific Company. “Some of the members of the Farmers’ Alliance have asked me to take the matter up, but as it may mean a long and ex- pensive litigation 1 suggestea that it would be better if the matter of prosecut- ing the railroad company were under- taken by the Farmers’ Alliance as an organization, and I presume this body is now considering the matter. “A further reason for sending my com- munication to the Railroad Commission is to have them call a special meeting at once, so as to have Congressman Maguire see President Cleveland and present the matter properly to the chief executive be- fore the hearing on Monday next. I feel sure that if the matter were properly un- derstood at Washington, the Government would not attempt to intervene in the case, as the Southern Pacific is verfectly capable of protecting its interests and in so doin, will necessarily protect those or the Uniteg States. Personally I do not see any real need of the Federal Government’s inter- vention. I would like to see the Govern- ment eliminated from the case simply so as to have the issue simplified and more speedily decided. “For this reason I have suegested the rescinding of the resolution of intention with a reference to an average reduction of 25 per cent on all local freight rates, and I would even go further and suggest the adoption of a resolution by the commis- sion excepting the Central Pacific Rail- road from all rate reductions made by the commission. ‘“‘After they have battled to a finish with the Southern Pacific Company let them takeup the fight with the United States Government if they see fit.” Railroad Commssioner Stanton received acopy of Mr. Clunie's letter late in the afternoon. Copies were also mailed by Secretary Newman to Commissioners La Rue and Clark. . Commissioner Stanton said he was not in favor of taking any action, eitherata special meeting or at the regular meeting on the 11th inst. on the lines Jaid down in Mr. Clunie’s communication. He said he had no doubt of Mr. Clunie’s good inten- tion and the correctness of his views, but he felt that he wanted to have the who! matter as to the status and rights of the commission gone into and decided for good, even if it were necessary to carry the matter up to the Supreme Court. He n?mitud that commission to fix rates that are reasonable. The very fact that the Railroad Commis- attorney was thoroughly posted, as he knew. of his knowledge that Mr. Clunie sion. Southern Pacific.. | Add Central had spent months in studying up the whole question of the relation of railroad com- missions to the railroads. In conclusion he saia: “If the United States Attorney General has sanctioned the intervention proceedings I do not see how any good can be accomplished now by appealing to the President of the United States, and for that reason I am not in favor of asking Congressman Maguire to interfere in the matter.” Attorney-General Fitzgerald, when showed a copy of Mr. Clunie’s letter, read it with surprised interest, but declined to pass any opinion relative to it, as it had not yet {)een referred to him, as he be- lieved it would be. The Attorney-General was occupied all day yesterday 1n consultation with Judge Hayne, preparing for the proceedings on Monday next before Judge McKenna, when the matter of the granting of an injunction against the commission pen- dent lite will be argued, and when United States District Attorney Foote will move o be allowed to intervene on behalf of the United States in the case of the Southern Pacific Company vs. the Railroad Com- mission. DR. STANTON’S FIGURES. Makes Every Allowance and Then Shows a Big Rallroad Surpius. Railroad Commissioner Stanton attacked the figures of the Southern Pacific merci- lessly yesterday in a supplemental affi- davit filed with the clerk of the United States court. The Railroad Commission was given until January 6 to file its pleadings in an- swer to the Southern Pacific system’s bill of complaint, but meanwhile fendants are doing some deadly work in arithmetic. In his affidavit of yesterday Dr. Btanton at once starts out to prove that the bill of complaint is not a reliable document, so far as it purports to show the financial standing of the railroads. He takes up the annual reports submitted by the roads in September and October of last year to the }{ullroad Commission for the fiscal year ending June 30, 1894, and draws some startling conclusions. According to the showing then made by the Southern Pacific road proper, in Cali- its total income was given as $5,449, ; its total deductions footed up §3,159,- 412 82, and its net income, $2,289,832 65. On its common stock it paid a 3 per cent divi- dend, aggregating $2,892,642 68, and made other payments, which it did not itemze, | however, amounting to $1,504,965 65. Ac- cording to the report there was an alleged deficit of $1,251,578. It is the method of ascertaining tais deficit which Dr. Stanton proceeds to explain. He deposes: “This alleged deficit of $1,251,578 is arrived at by taking the difference between said aggregate of the 3 per cent and the so- called ‘other payments’ from the said net income and the net income, and not other- wise. That, therefore, there was not a de- ficit, but, on the contrary, a surplus of at least $784,867.” The affiant believes that the real sur- plus was considerably greater than the figure he demonstrates and the amount of $1,504,965 65, representing the item of “other payments from netincome,” was “not a part of the legitimate expense chargeable against the o;lw.ralions of the road, put was, in part at least, a part of the unvaid expense of preceding years.” In short Commissioner Stanton’s opinion is that this item simply represents money paid out on old accounts against the road and should not have been included as legiti- mate expenses for that year, and as such deducted from the income, For the other roads he makes the fol- lowing construction of fignres: CENTRAL PACIFIC. Total deducg] Net income Dividend . ~o-called net surplus Actual surplus..... CALIFORNTA PACIFIC. 704,765 00 1,877,720 88 Total income. . $600,000 00 Total deduction. ... 349,450 41 “Net income” (or surplus earnings) from operations cigeeeeen. 250,000 00 NORTHERN BAILWAY. Total income. ... Total deductions. As the Northern California 3 Railway | Company is operated by lease no report was made from it to the Railroad Commis- Nor was there any from the Scuth Pacific Coast Rallway. Dr. Stanton finally bunches all the net incomes in one sum and_the net deductions in another and p;oduces the mathematical result desired thus: NET INCOMES, California Paclfic, ,549 50 Northern Railwa; 400,068 19 South Pacific Coast Not shown) XNorthern Californly Not shown) Total= . ... Add Central Pacil 877,720 88 18,161 22 Grand total 34, Southern Pacific. £784,867 00 South Pacific Coa (Not snown) California Pacific. 250,549 50 Northern Railwa; v 400,058 19 Northern California. (Not shown) Total 1,435,474 69 1,877,720 58 urand total.... B Ry $2,813,195 57 So that, according to Commissioner Stanton’s point of view, there was left a net surplus amounting to almost $3,000,000 for the roads of the Pacific system within the State of California, “‘after deducting every kind and character of payments, other than dividends, from the incomes.” e Interstate Commission's Buit. In the United States Circuit Court of Appeals yesterday the suit of the Inter- state Commerce Commission against the Atchison, Topeka and Santa Fe and other roads to enforce section 4 of the Inter- state commerce act, relating to the au- thority of the commissign to prevent dis- crimination between passenger rates, was continued _indefinitely upon a motion by United States District Attorney oote. Mr. Foote’s motion was supported b'\z an affidavit from Chairman William R. Morrison of the commission to the effect that a similar suit, that of the commission against the Cincinnati, New Orleans and Texas Pacific, is now pending in the United States Supreme Court, upon defendant’s appeal from the decision of the Court of Appeals of the Fifth Circuit in favor of the commission. The question at issue involves long and short haul rates. TO AID COMMERCE. Men Who Have Been Appointed by the Various Associatious to Act for Them. The various associations which met some months ago at the invitation of the Super- visors to regulate the pilotage and devise ways and means for increasing the pilot- age of the port have at last got down to a working basis. Out of the hundreds of merchants and ship-owners who attended the first meeting the following have been selected to act as a committee on com- merce: Ship-owners’ Association of the Pacific Coast— Charles Nelson, George E. Plummer. Chamber of Commerce—lL E. Thayer, J. J. McKinnon. Board of Trade—T. J. Parsons, Frank Harold. Manufacturers’ and Producers’ Association— George W. Dickie, J. N. Knowles. Board of Manufacturers and employers of California—S. Nickelsburg, Louis Saroni. iHlll-l'nillhm Club—W. L. Merry, Alfred Bou- vier. State Development Committee—William M. Bunker, David Rich. Merchants’ Association—H. D. Kiel, J. Rich- ard Frend. Mechanics’ fnstitute—Henry L. Davis, Isaac Ug.hum. Dorlnflic Association—Hugh Craig, John T. Y/ ifi ——————— Principals Will Attend. The principals of the schools of this City are arranging to attend the funeral of the late D. C. Stone, who was killed by a streetcar in Oak- land last Sunday. As many as can possibly get away without closing classes or sch will be present. the de- | HIS LORDSHIP'S DEBUT, One Aristocratic Douglas Ap- pears at the Alcazar Theater. HIS SILENCE WAS CHARMING. He Experiences Some Trouble With His Hands but Was Braced Up by Her Ladyship. Lord Sholto Douglas, son of the Marquis of Queensberry and husband of Lorita Addis Mooney, swooped down upon a spellbound but fashionable audience at the Alcazar Theater last night, and looked the great and expectant multitude in both eyes for five minutes. Her Ladyship, true to the stage and its precepts, hunched him in the left side at intervals to brace him up, but he crossed and recrossed his sym- metrical limbs in a manner that suited his Lordship and greatly disconcerted his wife. His entrance had been held back by a tactful stage manager, and was not per- | mitted to occur until the end of the last act, although Lady Douglas introduced a song and dance at the end of tiie second. The play was “The Governor,” and al- | the United States,” said Dr. Schmidt, the parts exceeriingly well, considering the bashfulness of their lovers. Altogether the play is worth seeing, so far as a character comedy goes, and it has' certainly been the cause of two accom- E!xshmcnts‘—Mr. Grover has introduced is Goverror and Lady Douglas has in- troduced her Lord. STUDYING MACHINERY. Eminent German Engineers Who Will Send Some American Inventions to the Fatherland. Dr. Werner Schmidt and Richard Vater of Germany, theoretical engineers, who have for three months been traveling and investigating machinery in the United States, are at the California. Dr, Schmidt is the son of First Vice-President Schmidt of the German Reichstag and leader of the Liberal People’s party. Mr. Vater has recently been appointed assistant professor of mechanical engineering in the Royal Polytechnical School at Berlin. ““The high wages that have been paid in ‘“have stimulated all kinds of inventions tending toward saving labor and your inventions surpass all others in the world. On the other hand, labor in Germany has been paid much less, and we have not, therefore, been spurred to invent such ma- chinery as you have. Furthermore, we have not imported it, but I am confident we will do so. Tam ar owner at Elberfeld, in one of the largest envelope factories in the world. I propose getting from here useful machines to put in the Mr. Vater will make a lon ituti We have visit many great iron and steel factories in New York, Chicago and other cities, and have also visited a number in this city. We LORD SHOLTO DOUGLAS AND HER LADYSHIP FACE TUMULTUOUS APPLAUSE ALCAZAR. [Sketched for “The Call” by Nankivell.] AT THE though it bore a common republican title it was not beneath the child of royalty. | right time to be a witness | stranded marriage of Freddy Butterscotch 940,440 54 | He played his part like a man, and his stage presence was of such character as to best display his versatile silence, which was singular and profound. He came on, accompanied by Lady Douglas, just at the to the two- and Carrie Macclesfield and Theodore Macclesfield and Kate Butterscotch. As he entered through the center door of | the parlor-set stage a wild and tumult- ous shout went up, and then Sholto and Lorita, having reached the circular settee, went down. The dialogue that was carried | on around them was mere prattle com- | pared to the gleams of intelligence that | chased each other across the benign countenance of the Lord. His expression was one of the most complete repose, and was only interrupted by an occasional glance at some convenient place where he could compose his hands. Finding none, he was content with losing them in the inner confines of his spacious Prince Albert and his Piccadilly white vest. Although he was billed to make some remarks on the importance of matrimon y he failed to do so. This little oversight, | however, cut no ice with the audience, and they seemed to realize that his Lordship knew his business and understood how capable he was of handling a silent role. Mr. Grover, who played the part of Theo- dore l‘Jlacv:lesfieldp 8r., the deaf boatman, certainly must have heard the calmness of Sholto. "It was the quietest calm that | ever appeared on the American stage, and has no equal even in death. . That Lord Douglas has great histrionic ability there is no longer any doubt. His first appearance was a success and his si- lence was charming. % 3 As to the play in its entirety, it com- menced with complications, closed with complications and in some respects is still a complication. Frank Powers, as the Governor, was clever in his excitement, but showed extreme ignorance of the art of selecting a husband for his daughter Kate, who had a more pronounced eye for beauty and had fixed herself upon the young man who played Theodore Maccles- tield Jr., who, by the way, is a good Gam- ble for any theatrical manager. Hereward Hoyt made a pretty good Freddy Butter- scotch, and so long as he kept his coat on looked the part of a yachtsman, which he played in the first and second acts. Leonard Grover Jr. as the deaf sailor and father of several of the leading characters bellowed and roared like most sailors of fiction, but if he continues to play the part for a sufficient number of weeks the droop to his under jaw will necessitate him tyiniit up with a baling rope in order to get his face together for a more fashion- able impersonation. J. T. Torrence as Paul Pry was made up to resemble Congressman Frank Newlands of Nevada, and it was eyvident from his conduct that he knew which side of the fence he was on. It can be said of Mr. Torrence that what he did was good. Miss Grace Hopkins snd Miss Nellie Young, who played the two sweethearts of Mr. Hoyt ana Mr. Gamble, handled have been greatly interested and instructed by what we have discovered. *‘As to the Liberal People’s party in Ger- many, it has become divided, and the out- look for it at present is, I regret to say, not very encouraging.’’ The gentlemen will visit Mexico and Cuba before their return to Germany. hICH WIDOWS HIS PAEY. What the Police Know About Arlington, With Many Aliases. He Is Again Arrested for Robbing a Widow of a Diamond Breastpin. Arthur Arlington, who was arrested in San 'Jose last week and brought to this City by Detective Reynolds, was arraigned in Judge Conlan’s court yesterday morn- ing on the charge of grand larceny. He pleaded not guilty and his preliminary ex- amination was set for next Thursday. As previously stated in THE CALL, the charge on which Arlington has been ar- rested is for stealing a diamond breastpin of the value of $100 from Mrs. Lulu Patter- son, a widow living at 867 Howard street, in August last. Arlington has for the past fifteen years been known to the police as a swindler of women. He isnow about 52 years of age, of pleasing address. He was first arrested in 1882 for robbing a woman he had prom- ised to marry. For this crime he was sent to San Quen- tin on August 26, 1882, for five vears. At that time he was known as Llewellyn Mil- ler, alias Charles Holman, alias R. N. San- ders, alias S. P. Danforth, alias Garfield. Soon after being released from the peni- tentiary he commenced his operationa again. His plan was get acquainted with as many wealthy widows as possible. To some he represented himself as a wealthy miner, and to others as a wealthy rancher in search of a nice wife tosoothe his de- clining years, As soon as he got them sufficiently interested he took the first op- portunity to rob them of whatever was most available in coin or jewelry. He was arrested for robbing another woman in March, 1887, and on April 4 was sent to San Quentin for ten years. He was released on October 8, 1893, and went East, 111:; San Francisco was getting too hot for m. ‘When Mrs. Patterson reported to the police in August last that a wealthy rancher from Los Angeles had been pay- ing his addresses to Eer and had robbed her of her diamond breastpin, it was sus- pected that the man with the many aliases had returned and Detectives Gilsen and Reynolds were detailed to find him. He had left this City, however, and taken up his temporary residence in San Jose, where he was successtul in robbin, several widows there. . He was arrested, but his victims refused to prosecute him, so he was handed over to the police here. Belief that Boodle Is on| Hand to Beat the | Pool Order. IMPORTANT WITNESSES. J. D. Spreckels and Four Super- visors Heard at Last Night’s Session. LAGUNA STREET PAVING JOB. Superintendent Ashworth Accepted Bad Work Assuring the Mayor It Was First Class. It is currently reported and generally believed that the poolroom managers of San Francisco have contributed a sack of $1000 a month to influence municipal leg- islation against the passage of an ordi- nance to prevent pool-selling. It is the im- (pression in certain circles that to the Solid Eight of the Board of Supervisors has been assigned a portion of this boodle. The question which is now agitating the Grand Jury is the plan of action that should be followed to ascertain if there is truth in the ugly rumor. It is well known that some hidden yet potent influence has been exerted to delay action on the ordinance, and to discover if this influence be a corrupt one seems now to be the purpose of the jury. Street work claimed the attention of the session yesterday afternoon, yet word was given out that an evening session would be held to hear the testimony of Super- visors. One of the first witnesses callea in the afternoon was W. H. Clack, Under Sheriff. He appeared before the jury at his own re- quest to explain a discrepancy between his own testimony and that of the court bailiffs regarding the method employed in summoning the Ashworth jury. An in- terview in THE CALL describing the plan followed by Mr. Clack did not tally exactly with the story told by the bailiffs. Mr. Clack explained that the names of forty business men were taken from the Direc- tory. Envelopes containing the subpenas were given to the deputies, but the Under Sheriff aces not know that these were ever served, wherever found. Twenty-five jurors were subpenaed by the deputies themselves under the general instructions to get good business men. At this stage of the proceedings Mayor Sutro, Private Secretary Rogers and Super- visor A. B. Spreckels came to the ante- room of the jury in response to subpenas. It was then supposed that the pool ordi- nance inquiry would proceed, but a whis- pered conference took place and then the information was imparted that the inquiry as to crooked street work would occupy the rest of the afternoon session. Fisher Ames explained at some length to the jury how Superintendent Ashworth had accepted a sidewalk at the corner of Harrison and Hayward streets, although the lumber used was of inferior quality and the workmanship defective and in utter disregard of the specifications. A.L. Lillie, another property-owner, gave tes mony corroborative of Mr. Ames’ state- ments. Robert Leibert, a property-owner on Laguna street, between Oak and Fell, was on hand to tell the jury that specifications for paving that block had been shamefully violated by J.J. Dowling, the contractor. In this case the Grand Jury is believed to have conclusive and overwhelming proof against Superintendent Ashworth. The work on the job of paving the street with bitumen was begun under Ackerson’s administration, but was finished and ac- cepted by Superintendent Ashworth, Mr. Leibert refused to pay his assessment of $640, and offered to show that no concrete or cement had been used under the basalt blocks on the gutterways. The specifica- tions distinctly required five inches of concrete and one inch of cement. An opening was made and proof produced that the blocks were laid on sand. The contractor laughed and bluffed the other property-owners into paying. Evidence was given by Mayor Sutro and his private secretary, as well as by George T. Gaden, to the effect that Ashworth as- sured the Mayor thatthe work had been done in accordance with specifications; that he had inspected the work himsSelf and knew the job was all right. On this as- GRAND JURY NOW AFTER THE SOLID EIGHT. work were Messrs. Leiberk, T. J. Crosse man and George W. Elder. In response to summonses on the pool | ordinance inquiry J. D. Spreckels and Su- pervisors A. B. Spreckels, Taylor, Hobbs and Dimond attended. It transpires that information «of a tangible character was received by the Grand Jury since last Saturday which may lead to the indict- ment of one member of the Board of Super- visors. It is known that Harry Corbett did re- cently suzzest to the Supervisors, or to some of them, that tne whole trouble in the matter of the ordinance could be obvi- ated by licensing the poolrooms. A license as high as $1000 a month was suggested as a fair figure. The Grand Juryis in pos- session of facts showing that gambling es- zubhshmgms, conducted in San Francisco, are reaping tremendous profits, and can well afford to pay large sums for immu- nity from legislation or protection from the police. Joining together direct information and considering it in connection with the many rumors afloat the outsider is led to the conclusion that suspicion rests on sev- eral Supervisors and that one member of the board has had dealings with an agent of the pool-sellers, and that the fact o?hix deaiings can be proved by testimony. Shortly after 11 o’clock the Grand Jury adjourned until next Friday. It was learned that they would not call the Solid Eight as witnesses for the next meeting. Information w. licited to the effect that the eight Supervisors who were not called last night will be summoned after the pools sellers have been heard. The Grand Jury has_determined to broaden the crusade against gambling and take steps to close up the open poker-shops and several private games from which large revenues are de- rived by the proprietors. It is known that a crusade of this character will stir up a great deal of opposition and may hit peo- ple who are doing some politics in cone nection with poker-shops. The jury is anxious to rally all the moral sup}mrt possible in favor of passing the pool ordinances. While several of the members of the jury are positive in their opinions that a good deal of boodle has been collected to defeat the ordinance, and while they suspect that the delay in the passage of the ordinance is due to immoral and corrupt influences, they still trust that public sentiment will become so thoroughly aroused that every Supervisor will be compelled to stand out in the open and proclaim whether he is for or against pool-selling. The resolution introdueed in the Board of Supervisors yesterday to prevent pools selling anywhere within the limits of San Francisco County is regarded as a clumsy, rather than a clever scheme to force the racetrack men into a position against any regulating ordinance. A grand_juror was asked, after the close of the session last night, if positive proof existed that the pool men had contributed a sack to defeat the ordinance. He replied that moral conviction to that extent ex- isted, but proof was a different proposition, He said, however, “‘We are not groping in the dark. We have a ‘leaaer’ to go on.”” The Supervisors who attended as wite nesses last evening explained that the or- der concermns pool-selling which came from the Grand Jury was strengthened by excluding pool transactions on foreign races. The amendment was made with the full consent of the committee, and the order as it stands awaiting the action of the board, is effective. Additional testimony on the subject of defective street work was heard last night. T. J. Crossman, the Messrs. Leibert and George W. Elder testified. Into the Hands of a Receiver. Howerd White of Ohio began proceedings in the United States Circuit Court yesterday against the Gladstone Mining Companv of Iilinofs to foreclose on a mortgage of $80,000, executed last year on its property in the French Gulch district, Shasta County. On plaintiff’s applications, Frank Brightman was appointed Teceiver by Judge McKenna. Algiers is socalled from the Arabic words Al-Jeziar, meaning ‘‘a peninsula.” NEW TO-DAY. FodokokdAkd AR Rk koo k Ak A PLAYS OVER 1000 TUNES £ and Cheap Enough to Be in Every Home in America. Farnishes Delightful Entertainment, Plays all the popular songs of the day, Grand Opera, Marches, Waltzes, German,French and National Music, and excellent to dance by. THE REGINA MUSIC BOX surance Mayor Sutro approved the assess- ment, although Mr. Gaden dissented from | the statement of the Superintendaent of | Streets. ¥ i | Grand Jurors hearing of this crookedness exaiined the work and procured samples of the material used. George W. Elder, the expert of the Board of Supervisors, also made careful inspection of the work. They found the condition worse than Mr. Leibert represented. ; & i It is thought that the proof in this case is so positive and overwhelming that an accusation against Ashworth can be sus- tained before any intelligent and unpreju- diced jury. ' The Grand Jury convened again at 7:30 P. M. The witnesses in waiting on street NEW TO-DAY. “Foot Comfort,” A booklet about the feet; what shoes to wear and why —tells you what Goodyear Welts are. Write for it. All dealers sell Goodyear Welt shoes. COODYEAR SHOE MACH'Y CO.. 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