The San Francisco Call. Newspaper, December 7, 1895, Page 3

THE SAN FRANCISCO CALL, SATURDAY, DECEMBER 7, 1895. 3 ROW AT THE CAPITOL, Gubernatorial Ire Falls Upon Expert Dona- hue's Head. HIGH-PRICED SERVICES. One Thousand Dollars Demanded for Work Upon the Ferry Foundation. COMPLETED IN TFOUR DAYS. Governor Budd Angered at the Modest Claim Presented by the Architect. SACRAMENTO, CAL., Dec. 6.—Two hun- dred and fifty dollars a day was the mod- est compensation which was demanded from the State through the Board of Ex- aminers to-day by P. J. Donahue for ser- vices rendered as expert in connection with the foundation of the new ferry building in San Francisco, and the claim has so ed the gubernatorial ire that it is an d fact that Architect Donahue will y fall far short of his demand, but be compelled to call upon the strong of the law in order to recover any pensation whatever. During the late campaign, when “Jim! Budd and Estee were running a neck-and- neck race for the executive chair, P. J. Donahue was one of the former's most en- thusiastic whoopers-up, and it was evi- dently upon the strength of these services that he demanded the sum of $1000 for drilling a few holes in the ferry founda- tion, submitting samples of its material to an assayer and drawing up a report in which he claimed that the sand used was of a loamy consistency. Donahue claimed that he also made some computations, but failed to state of whatnature. All of these 1ous duties cor med about four days’ time. Donahue strongly intimated to the Governor to-day that his political services deserved recognition, and was promptly informed that any demand of a personal nature would be recognized and liquidated, but that on no account would political debts be canceled at the expense of the State. Donahue's claim was the first to engage attention of the Board of Examiners afternoon, and after being duly sworn entleman, in answer to questions by Mr. Laidlaw, stated that on having been ap- ited by Governor Budd as expert, he ad made a personal examination of quite er of the piers of the ferry founda- thered samples of the material which d been chec of Harbor Comm hem after the board had received financial condition. Well, I ought to know it, as you had repeatedly applied to me for loans. Do you remember that this letter had a blank biil attached, asking me to fill it in?” “That has never been done, has it?” mnterrupted Attorney Laidlaw. “No,” replied the Governor; and then he added, emphatically, “and I don’t think it ever will be. Mr. Donahue, you worked about four days and you want the State to pay you §1000. What do you base your ciaim on?” . “I base it on the fact that the State paid Professors Marks and Soule $1000 each for their investigation, which, in my opinion, was not as good as mine.” ‘“‘Perhaps they did get that amount,” said Mr. Budd, “but they did six weeks of actual testing, weighting the foundation heavily, and you did four days’ boring, and then reported that the sand used in mixing the cement was of a loamy, useless character. 1t was not necessary to have a $250 man to find that out. Mr. Brown,” said the Governor, turning to the Secre- tary of State, *I wish to state to you that Mr. Donahue did say to me that he would do this expert work without any compen- sation whatever, and he now brings in a bill of $1000. I know Mr. Donahue to be a good heavy-building architect. He did some work 1n Stockton, and when he said this expert business would be an’advan- tage to him, I appointed him.” “I think you svoke of this matter first, Governor,” said Mr. Donahue. “You came to San Francisco and I went to see you and you introduced the matter.” “T can’t say now who spoke first, but I will say that if I was ever in San Fran- cisco and you did not come near me I never knew it,” replied Mr. Budd. “Well, during the campaign you wanted me to come often and I did you good service.” “Yes, Mr. Donahue. I will say that you did good work for me during the cam- paign, 2nd if you wanted anything per- sonally from me I would pay it out of my own pocket, but I cannot pay personal ob- ligations in my capacity as Governor of the State. I could have secured lots of men who would have done the work you did for $100. I shall refer this claim to the Attorney-General, and 1 want to say, Mr. Laidlow’—turning to the attorney—‘‘that if this gentleman”’—pointing to Mr. Don- ahue—‘‘desires to enter suit and make any further trouble for me in this matter, he shall have every opportunity for so doing.” BT DR. RUGGLES TC INVESTIGATE. Charges Preferred Against the Found- lings’ Home Management. SACRAMENTO, CaL., Dec. 6.—At the meeting of the State Board of Examiners to-day Secretary Markley stated that he had been visited during the past week by a committee which requested that the board examine into charges made against the management of the Foundlings’ Home mento, it being claimed that the condition was poor and the food insufficient and impure. Mr. Markley was instructed to notify Dr. Ruggles of Stock- ton, who is a member of the State Board of Health, to examine and report at the next meeting of the board. After allowing the usual monthly bills, Secretary Brown called the Governor’s at- tention to the fact that the upper portion | of the Capitol building was without pro- tection in case of fire. He said that the Chief of the Fire Departmtent had exam- ined the attic and reported that it would be impossible to force water to such a from the Governor verifying nt. On February 8 he re-| o from the Governor to | _and he then made his report | * said Governor Budad. | d you see me on this matter?” | ay night,” replied | ; “and you tcld me tocall at| ment at the hotel the next day.” Francisco at this time?” ten months. hue, did you not come ‘Governor, I realize that | a very busy man, but as Tam | located here in this City and am to obtain a foothold in my pro- on as an architect, I wish you would | w me to act as expert on that fcrryi dation. It will give me considerable i d greatly promote my material nd did I not inform you that | the contingency fund being exhausted | there was no money to pay the labor of an expert,and did you not say that your labors would not cost the State a cent?” ‘I remember the conversation, but fail to remember making any promise to that effect. In fact. I believe you introduced the subject yourself,” retorted the expert. | «Have you ever stated to any person | that you were performing the work with- | out compensation?”’ “Not to my knowledge.” “Are you positive of that?”’ demanded the Governor. ‘“How then do you explain this statement?” and turning to a bound | volume of THE CALL he read an extract from the issue of February 5, in which it stated that in an interview accorded a re- porter of the paper Mr. Donahue in sub- stance said: There is & large sum of money to be expended | this ferry building, and Governor Budd is | ined to know £ll about the foundations e the superstructure 1s erected. I shall give & full report, and there is no expense to be attached. «I deny ever making any such statement to any CALL reporter,” emphatically re- plied Mr. Donahue, “] remember being interviewed, but made no mention of there being no expense attached.” +8till you cannot say that you ever made any previous denial of this printed state- ment,” said his Excellency, “and that has an important bearing on the case. Don’t vou remember that I said I wanted all mples of material forwarded to Professor Rising of the State University for analysis, as there was no fund to pay any expenses, and did I not state thatI had writtena letter on the subject to him?” “Youdid not. I sentall samplesto Pro- fessor Price.” “] know you did,” retorted the Gov- ernor, “‘and you sent some to Sacramento.”’ “No, I never sent anything to Sacra- mento, either. I gaveall my samples to Professor Price.” “Now, Mr. Donahue, did you not send a piece of piling, teredo-bored, to Sacra- mento as a sample of what was used for foundation and afterward found out that you were jobbed ?”” “No; that was a sample of an old whar]. I sent it to you to show the ravages of this borer in San Francisco waters. It was not a part of the piling. How could I get| down to that ?” “Do you remember writing me a letter in which you inclosed a blank bill and requested me to fill in what amount I deemed your services as an expert to be worth ?” “Tdo.? “Well, Mr. Donahue,” quietly remarked the Governor, “I have a very unfortunate habit of retaining all my correspondence. Shall I read that letter?” | height through a bose, and that an iron pipe, running from the ground to the up- er portion of the edifice, was needed. The board ordered that the piping be laid. When a bill for a telephone in Labor Commissioner Fitzgerald’s office was pre- sented, Governor Budd spoke very eulo- | gistically of the good work that had been verformed by the Labor Commissioner in having secured work for between 3000 and 4000 men. A claim for $30 from the dairy bureau, for the analysis to determine what poison was contained in & cheese that had pois- oned a family in Oakland, was not received with favor by the board, as the law which governs the bureau provides that analysis may be made to determine-aduiterations of butter and cheese, but for the detection of poison the police department was respon- sible. tion to the fact that there was over $240,- 000 lying unemployed in the State treasury awaiting investment in bonds for the benefit of the schools. A lot of Tehama County bonds were scld recently. These the State should have bought, as the interest at 4 per cent would amount to considerable. It was impossi- ble to buy bonds without the presence of the Attorney-General, and it seemed im- possible for him to attend the board meet- ings. The Governor stated that the Attor- ney-General was very busy on the Railroad Commission business. The Secretary of State concurred with him, but thought it very necessary to invest the money as soon as possible, as it would insure an income of some thousands of dollars. THE SOUTHER Five Hundred Employes at Sacramento Lose dheir Positions To-Day. SACRAMENTO, Car., Dec. 6.—1It is stated here to-night that orders have been received to reduce the force of the railroad employes in the shops here some 400 or 500, the reduction to go into effect after to- morrow. The shops have employed during the past year about 2000 men, but work 1n all the departments is up with or ahead of the demand, and winter freight traffic is al- ways light. There is no railroad construc- tion going on, and no heavy orders for work have been lately received. It is sup- posed that most of them to be laid off will be single men, and that no material in- crease of the force will be required inside of three monthes. PACIFIC’S AX. DIES AT SANTA BARBARA. Passing of Professor Samuel Tucker Bates, Once the Tutor of Robert Lincoln. SANTA BARBARA, Car, Dec. 6.— Samuel Tucker Bates, formerly instructor of Greek at Harvard, died suddenly at Burtons Mound this morning, aged 58 years. Professor Bates came to Santa Barbara in poor health some ten years ago. He was a man of great erudition, a remark- able linguist and possessed a fund of scien- tific knowledge. He was once the tutor of Robert Lincoln, the son of the martyred President and late Minister to Great Britain, and was on terms of intimacy with Longfellow, Bryant and other famous literary lights. Mr. Bates had been in feeble health for some time, but his death came without warning. Lo s The Carson Mint Case. CARSON, NEgv., Dec. 6.—The old testi- mony about accounts and books and spu- rious melts was gone over again to-day to a small audience at the trial of James Heney, the counsel at times varying the monotony by the usual legal wrangles. “Certainly,” replied the expert. The Governor then read the letter and remarked very sarcastically. “You say here that I do not know your No new testimony was introduced. ———— MCAFEE Bros.’ auction sale of Brittan Ranch, San Mateo Co., sure to-day. See advertisement. Secretary of State Brown called atten- | FRESNO'S SENSATION, County Officers Criticized in a Grand Jury Report, PUBLIC FUNDS WASTED. Large Sums Said to Have Been Paid for Work Never Done. LAX METHODS OF SUPERVISORS. Charged With Having Employed Men for a Duty Themselves Should Have Performed. FRESNO, Can., Dec. 6.—The Fresno County Grand Jury made a voluminous partial report this evening, dealing in some very interesting matters. The Super- visors receive a great deal of attention, as does County Recorder W. W. Machen. Attention is called to the loose business methods of the Supervisors and several other officers. o The principal part of the report is de- voted to the bill of Armstrong & Deguerre of San Francisco, amounting to $1899, for work done on record books, especially in the Recorder’s office. After experting the whole work the jury finds it worth only | $600. A warrant for $1899 has been issued, but not paid for waat of funds. The jury suggests that payment be stopped. The jury finds that there are numerous volumes charged for in the Recorder’s office which in fact have no existence. One bill itemizes twenty-seven books which are stated to have been repaired and re- bound, but there are not and never have been such books in the Recorder’s office. The bill also itemizes eight books in the Auditor’s office which it was stated had been repaired. The fact of the case, the Grand Jury declares, is that these books are still in the same worn condition that they were before Armstrong & Deguerre’s workman came down and repaired the buoks in the courthouse. This bill, however, was indorsed by the county officers, in whose offices the work had been said to have been done, with one exception. The bill had charged for work done in the County Clerk’s office, but in comparing the bill Clerk Hart madea mar- ginal memoranda stating that there were various charges for work in his office which | had not been done. The Board of Super- visors paid no attention to these excep- tions taken by Clerk Hart, nor were any deductions made on that account when the bill was finally allowed. The jury finds that the Supervisors ap- propriated $405 to the State Board of Trade up to the end of the year, at the rate of $15 per month, but that the sum of $180 remained in the hands of ex-Mayor . H. Cole of this city up to to-day, when it was paid over. The Grand Jury ap- proves of the expense, but recommends dealing directly with the State Board of Trade. | The management of the hospital also re- ceives attention from the jury, which con- siders bills for drugs and clothing for the hospital as excessive. By more careful business methods on the part of the Super- visors, it is suggested, large sums of money would be annually saved to the taxpayers. The report criticizes the Supervisors for paying the road overseers $3 a day, when the Supervisors should attend to these | duties, for which they receive $500 per | anpum each. The jurythen calls atten- | tion tothe fact that the Treasurer and Auditor have not complied with the law in making out monthly statements as to | the county’s finances and in performing other minor duties. The report of the Grand Jury was the talk of the city to-night, especially in { regard to the strange matter of the record | books. Auditor Barnum was seen by a Cavry correspondent, and he frankly ad- mitted the truth of the. jury’s report. He | said that in comparing the books he had been deceived by Armstrong & Degurre’s gent regarding eight books. The Auditor said that he would refund to the county the overcharge for which he was, in fact, though innocentty responsible. Recorder Machen merely stated that the Grand Jury had made a mistake in regard to his office. NEWS OF LOS ANGELES Stenographer Cherry’s Lawyers Throw a Bomb Into Court. | Jurors Startled by a Decision of the Mileage Question—Heavy 0il - Shipments. L0S ANGELES, Car., Dec. 6.—When | the arraignment of Frank W. Cherry, the shorthand reporter under indictment on a charge of perjury, was called in Judge Smith’s court this morning Cherry’s attor- neys, Messrs. Davis and Rush, had a formidable row of lawbooks before thenr, and it was evident that they had a surprise n store for the court. Cherry was ac- cused of having sworn to claims for steno- graphic services rendered in various courts which,the Grand Jury experts claimed,were in excess of what they should have been, and Cherry had received the money in payment therefor. Six indictments were returned against him alleging verjury in each case. After Cherry was arraigned Mr. Davis presented a demurrer to the indictment, which was somewhat of a bombshell to the prosecution. The demurrer set up the ground that the indictment did not state a public offenses, because there is nothing in the statutes requiring a stenographer to swear to his claims. He was not paid by ciaims, but the code provided that his bill he would not decide the matter off-hand, and asked counsel on both sides to pre- pare their points and submit authorities, taking the demurrer under advisement in the meantime. ——— STARTLES THE JUROURS. Attorney-General Fitzgerald’s Ruling on the Mileage Question. LOS ANGELES, CaL., Dec. 6.—A tele- gram was received this afternoon by the Board of Supervisors from Attorney-Gen- eral Fitzgerald with rgference to the mile- age fee of jurors, which upset the entire system under which the board has been acting, and will startle nlld]urors, from those belonging to the Grand Jury down. The Attorney-General’s telegram s as fol- lows: SN FRANCISCO, Dec. 6, 1895. A. W. Francisco, Chairman Board of Super- visors: Grand Jurors are entitled to but one mileage—in going only—and to no mileage for adjourned meetings. Jurors of the Superior Court are subject to the same rule. : W. F. FITZGERALD. The Attorney-General gave an opinion to the same effect some time ago, and the board t,elegra{whed to him_ yesterday to know if he stilladhered {o his former opin- jon. His reply led to the inference that he did. —_——— Inoreased Oil Shipments. LOS ANGELES, CaL., Dec. 6.—Chair- man Flint of the executive committee of the Oil Exchange said this morning that the exchange was shipping three carloads of oil daily to San Francisco, in addition to the ordersjbeing filled for other pofnts in the State. Out in the district the work of sinking new wells and deepening the old ones continues. The output is increasing daily, as is the consumption. SIN JOSES ROSE FAIR, Gratifying Progress Made by the Carnival Executive Committee. A Monster Pavilion Is to Be Erected at a Cost of Ten Thousand Dollars. SAN JOSE, Car., Dec. 6.—At a meeting of the executive committee of the Rose Carnival last evening encouraging reports were received from the various commit- tées. It was decided to accept plans for a pavilion to be erected from Lenzen & Son, architects. A lot will be leased from the Agricultural Society, and a pavilion to cost about $10,000 erected. So far $8500 has been subscribed, and it is estimated that from $12,000 to $15,000 will be raised for carnival purposes. The proposition of Mr. Dunne to sell $10,000 worth of carnival tickets for 15 per cent was accepted, and a committee ap- pointed to draw up a contract to that effect. Director-General Henry was instructed to enter into a contract for music with Roncovieri’'s American Concert band of thirty-five pieces, including six soloists and the electric revolving stereopticon of 15,000 candle power and canvas, upon which pictures, thirty-five feet square, 1llustrative of the music being played, are thrown. e DEATH OF JOSEPH TUERS. He Had Settled in Santa Clara Valley in the Early Fifties. SAN JOSE, CaL., Dec. 6.—Joseph Tuers, a pioneer resident of this valley, died at the residence of his son-in-law, Morgzan Miles, in this city at an early hour this morning. Mr. Tuers settled in the Santa Clara Val- ley in the early fifties. He was a native ot New Jersey and 80 years of age at the time of his death. Four children survive him—Joun Tuers of San Francisco, Wil- liam Tuers of San Jose, Mrs. Mary E. Ran- som of San Francisco and Mrs. Morgan Miles of this city. e Gl PABLO GONZALES CAPTURED. Constable Rives Arrests the Man Who Garrotted Russell Rand. SAN JOSE, Cav., Dec. 6.—Pablo Gon- zales, who garrotted and robbed Russell Rand, the foreman of the San Mateo dairy, of $20 last Thursday, was captured at Gil- roy at noon to-day by Constable Rives. Deputy Sheriff Mansfield of San Mateo County, who 'vas in this city hunting the criminal, at cnee leit for Gilroy. Gonzales was taken to Redwood City on the evening train. — Guardian for James Fair. SAN JOSE, CAL., Dec. 6.—James Fair, a minor 18 vears of age, with the consent of his parents, Andrew A. and Mary Fair, to- day petitioned the Superior Court to have his brother, John A. Fair, appointed his guardian. The petition recites that the minor has an interest in the estate of the late James G. Fair estimated to beof the value of $10,000. Judge Reynolds 1ssued an order ap- pointing John A. Fair guardian of the minor, and fixed his bond at $20,000. siasge oy Favor Municipal Ownership, SAN JOSE, CAL., Dec. 6.—At a meeting of the Board of Trade this evening a reso- lution was adopted advocating city owner- ship of the electric lighting plant, and calling upon the Common Council to sub- mit the matter toa voteof the people. The must be certified to and ordered paid by the Judge of the court in which the ser- vices were performed. His having sworn tothisis purely surplusage. Davis claimed that an oath not being required. by law it was not material for one to be made, and the charges against Cherry of perjury fell to the ground. Judge Smith said that if it was true that the oath was not material the position taken by counsel was correct and the in- dictment would fall. Mr. McComas of the District Attorney’s office stated that it was very important that the question should be determined before proceeding further under the in- dictments, because it would be useless to ¢ £0 on with them if the contention of the defense was sustained. Judge Smith said board has reports from a large number of Eastern cities showing the low cost of light under municipal ownershi SENSATION AT SALEM. Disbarment Proceedings to Be Instituted Against Silver-Tongued Thomas H. Tongue. SALEM, Or., Dec. 7. — Somewhat of a sensation has been created among the legal fraternity of the State over the disbarment proceedings which have been brought be- fore the grievance committee of the Oregon Bar Association regarding Lawyer Thomas H. Tongue of Hillsboro,who isalso entitled towear “Hon.” before his name. Tongae is the leading light of the Republican party, ex-State Senator, and silver-tongued orator of all the campaigns, local or State. The papers containing charges of unpro- fessional conduct, which is criminally liable, are ready to be filed in the Supreme Court, which 1s asked to dishar Tongue from practice henceforth. He is charged with mutilating records in the contested administratorship case of Edward Constable; of improperfgyinfluence ing and misrepresenting facts to the court and resorting to subterfuges to gain his points. The alleged act in mutilating the records is punishable by fine and impris- onment and &mbably disbarment. It is saild Judge Whalley of Portland, who will present Tongue’s case, will also bring charges showing that Tongue is guilty of other unscrupulous acts equally unbecoming, and an instance is stated where the verdict of the jury in the case was made way with. It is said Tongue's case was fpnssed unnoticed at the last meeting of the Oregon bar, and now the Supreme Court will take it up. pabldreiis Ry San Luwis Obispo Enterprise. SAN LUIS OBISPO, CaL., Dec. 7.—An enthusiastic meeting of business men was held to-day and a Board of Trade organ- ized by electing C. H. Johnson, an ex- Assemblyman of this county, president. A fund was subscribed and a representa- tive elected to go to Washington to ask Congress for another appropriation to con- tin;xe work on the Port Harford break- water. — e CHILDREN'S books and games of every de- scription, Sanborn, Vail & Co. Open evenings.* MAY HUNT AT SUISUN Judge Buckles Decides the Famous Poaching Case. CORDELIA CLUB LOSES. Outside Sportsmen Allowed to Shoot Within Its Leased Preserves. DISSOLVES THE INJUNCTION. End of Litigation Which Has Been Pending in Court for the Past Year. SUISUN, Car., Dec. 6.—The Cordelia Teal Club has lost the famous suit in which it sought to prevent outside hunters from invading the preserves it had leased in the Suisun marshes. After litigation extending for over a year, Judge Buckles of the Solano County Superior Court to- day decided for the defendants—William King and forty other sportsmen—the case brought against them by President Charles W. Kellogg of the Teal Club. Following this decision, Judge Buckles dissolved the injunction restraining sportsmen other than the Teal Club members from hunting on theland. The case has excited great interest among sportsmen all over the State, and its outcome has long been awaited with interest. The complaint had alleged that Kellogg was in possession of 4000 acres of swamp and overflowed land near Suisin under lease dated July 22, 1893, from Emily C. Cook, Frederick O. Chamberlain and Mary C. Von Seelhorst, who are alleged to be the owners of the land. The lease was for a period of four years, and recited that the land was leased for the sole purpose of hunting game thereon, the consideration to be the payment of an annual rent of $1200. Kellogg had inclosed about 3000 acres of the land with a sub- stantial post-and-wire fence, connecting with natural boundaries so as to form an entire inclosure of the 3000 acres. The accused hunters had continued to trespass on the land and had shot game in large numbers and conspired together to inter- fere with Kelloge’s possession. This, the complaint declared, threatened to work irreparable injury to the plaintiff’s hunt- ing rights and privilegeson the property. It alleged inadequate relief by judicial proceedings, and that the defendants were insolvent. The answer denied the ownership of the land in the lessors, putting the denial on the ground that tnhe defendants had no knowledge upon the subject to enable them to answer. Itdenied the lease and its terms as alleged in the complaint and the allegations of trespass, injury, threat- ened injury and insolvency. In brief, the defense was based upon the ground that the land had been leased to Kellogg only to the extent of giving him and those for whom he had secured the privilege the sole right to hunt upon it, while the actual owner continued to farm the soil. The lease was simply a license given to a cer- tain number of men, authorizing them to shoot zame upon the land, while others were excluded. In no other way had the plaintiffs in the action any vested right in the land npon which the defendants were accused of trespassing, and therefore he could not bring any action against any one for alleged trespass. The license granted to Kellogg and his companions, the de- fendants claimed, could not shut out others to whom the owner of the land might give similar licenses. Judge Buckles, in his decision, said that the tule land in question had from time im- memorial been used as the common hunt- ing grounds of all the sportsmen from far and near who delighted in hunting. “Here all could come,” he continued. “The millionaire tramped and shot beside the man with barely wealth enough to own his gun and buy the ammunition he used. This was truly American freedom and not English lordism. “The lands mentioned in plaintiff’s lease were never fenced by the owners, and the fence the plaintiff has placed there was built without any authority given him by the lease. From the evidence it was put there for the sole purpose of making it ! appear as an inclosure, so that he might | have some show of placing his preserves | under the protection of the law, which for- bids hunting upon inclosed land without the consent of the owner.” After quoting Blackstone’s opinion as regards animals wild by nature and the rights of men, Judge Buckles referred to the devices put forth by the plaintiff to Iure wild game to the land in question, the baiting of ponds being the principal point discussed, and continued: *1t appears that the plaintiff, not having the exclusive right of possession of the land and the exclusive right to hunt on the lany, ild not enjoin others from hunting thercon unless their hunting de- stroys or irreparably injures his hunting privileges. But there is no evidence that any of these defendants were in a con- spiracy of any kind, but, on the contrary, those who went there to bunt went on their own account, and without design to the County Teachers’ Institute here ended to-day, concluding one of the most noted sessions ever held in the county. Among the instructors were some of the most noted personages of the coast, among them being Joaquin Miller, the ‘‘Poet of the Sierras”; Professor Earl Barnes of Stan- ford, State Superintendent Black, Harry ‘Wagener, editor of the Western Journal of Education, and Miss Darrah of Stanford. e INQUIRY AT PORTLAND. Insurance Companies to Investigate the Bawnmore Affair. PORTLAND, Or., Dec. 6.—There seems to be a day of reckoning at hand for the captain of the ill-fated Bawnmore and the residents of Curry County will not worry over it. It seems that the captain’s per- sonal effects 6h board—including the sex- tant, chairs and rugs, over the stealing of which there was so much trouble—were insured for §2000 in case of total loss. The captain is now trying to collect the insur- ance, claiming that evervthing was lost. The insurance comgmuy thought differ- ently, however, and has started an inquiry, having heard that things had been taken off the vessel and afterward sold. The insurance on the cargo was paid by the insurance companies and they natur- ally want to know if any one removed the gcods and sold them without authority to 0 50. pEan e .SENTENCED AT PHENIX. James Young, the Counterfeiter, Lightly Dealt With by the Court. PHENIX, Ariz., Dec. 7.—James Young, the counterfeiter, whose life story was pub- lished in Tuesday’s CALL, was sentenced to one year and five months in the peniten- tiary at Yuma and to pay a fine of $1 to- day. Chief Justice Baker in pronouncing sentence said that the previous good char- acter of the accused and the sufferings he had already gone through were the reasons that actuated him in pronouncing the lightest sentence the law allows. B FRESNO - DEPUTIES WIN Judge Webb Decides That the Salary of S. L. Hogue Must Be Paid. Two Contradictory Rulings Which the Supreme Court Must Now Pass Upon. FRESNO, CAL., Dec. 6.—In the county. deputy fight the deputies won in the pre- liminary skirmish to-day. Judge Webb decided in favor of the plaintiff in the case of 8. L. Hogue, Deputy County Auditor, vs. H. E. Barnum, County Auditor. The Auditor 1s, therefore, commanded to issue a warrant for the salary of his deputy, which he had refused to do in consequence of the order of Judge Risley enjoining him | from issuing a warrant for Deputy District i Atrorney Freman. | Judge Webb’s " opinion was in writing. After reviewing the case in a preliminary way he finds that the points needing de- cision are three: First, does the law in- crease the compensation of the Auditor after his election, doesit confer on him any special power, or does it delegate to him or anybody else any authority that could be exercised lawfully by the Legis- lature only? The court readily disposed of the first question in the negative. As to the second point, Judge Webb considers that there’s nothing in the law regarding it to make it unconstitutional. The court believes that an act fixing the | compensation of the Auditor of counties of the eighth class and giving the Auditor | a salary of $2000 per annum and the right to appoint adeputy at a salary of $100 per month tobe a county charge are to be taken together as fixing the compensation | of the Auditor of counties of the eighth | class; that it is not conferring upon the Auditor any special privilege which is not conferred upon such officers of other coun- ties; it is found that the compensation of the Auditors of all counties is regulated, while they are not of uniform amount, by the Legislature in proportion to the duties | to be performed. | As to the third proposition the court be- | lieves there is no attempt by the act relat- | ing to it to delegate any power to any other body, but it simply fixes the compensation and \ioes not delegate the right to perform any duty or create any ofthce, which it was the. duty of the Legislature to do. The court said that it might be that the Legis- lature had fixed the compensation of the Auditor at a figure that might be con- sidered burdensome and unwarranted, but with that the court had nothing to do. The deputies are much elated over their victory, but of course they still have mis- givings as to what the Supreme Court will do. As the matter stands now, Judge Risley has enjoined the Auaitor from | issuing a warrant for the salary of one deputy while Judge Webb has commanded | the Auditor to issue a warrant for another deputy. WRECK AT STOCKTOR, A Southern Pacific Train Collides With Valley Road Cars. CRASH AT A CROSSING. Brakeman Hawkins’ Danger Sig- nal Not Heeded by the Engineer. PASSENGERS ESCAPE INJURY. Serious Loss of Life Prevented by the Slow Running of the Train. - STOCKTON, Car. Dec. 6.—The passen- ger train from Oakland, due here at 8:15 o’clock, crashed into a gravel train on the Taylor-street crossing of the San Joaquin Valley Railroad last evening, and but for some intervention of fate the loss of life must have been great. The Valley road switch-engine was en- gaged in switching cars during the even- ingand bad just uncoupled for the pur- pose of going after a car on the side track. The Southern Pacific train came dashing along, and, striking one of the heavily loaded cars squarely between the trucks, doubled it up like a piece of tin. The wheels of the fore truck were turned in such a position that they could be reached from the cab of the locomotive. The ground for yards around looked as though there had been a shower of ballast. Brakeman Hawkins of the Valley train claims that when he saw the passenger train approaching he waved the stop signal with his lantern, but Engineer Sheehan claims that he waved it only when the engine was upon the cars, and that it was not a danger signal anyhow, inasmuch as it wasa wbite light. The cars belonged to the Southern Pacitic, so the loss will fall upon that company. The fact that the train was ahead of time and running slowly was all that pre- vented a general demolishing of the pas- senger coaches. As it was it struck the gravel car with sufficient fores to snap the coupling pins in two places. The South- ern Pacific trainmen have been so used to dashing through the city with only their own trains to look after that they proba- bly thought that the right of way was theirs. The pilot of the engine was crushed to splinters and the passengers were badly frightened, but none sustained any injuries. COLUMBIA RIVER SALMON. The Past Year’s Pack the Third Largest Ever Taken. PORTLAND, Or., Dec. 6.—The annual report of the State Fish and Game Pro- tector shows the Columbia River salmon pack this year to have been the third larg- est ever taken. The number of cases packed on the Columbia River during 1895 was 617,460, valued at $3,342,928 65. Of these, 433,178 cases were packed on the Oregon side and 184,282 on the Washington side; 457,812 were royal chinook and 31,500 fall chinook salmon. On the Oregon coast streams and bay 62,620 cases were put up. About 64 er cent of the catch on the Columbia iver Wwas taken with gill nets, 12 per cent with seines, 19 fier cent with traps and 5 per cent with wheels. ‘The number of gersons employed in the fisheries and allied industries in"this State during the year was 5349, to whom was paid the enormous sum of $1,236,246 for | Iabor. The pack this year was larger than for any season since the origin of the in- dustry, save two—1883 and 1884—when the pack was 629,400 and 620,000 cases respect- ively. Queer Fataly at Sprague. SPRAGUE, Wasn., Dec. 6.—While Francis Hildreth, the baby son of Mr. and Mrs. Francis Ressor, was asleep in a ham- mock yesterday, a big dog rushed under the hammock and upset it, throwing the baby violently to the floor. The fall caused congestion of the brain. The child died two hours after the accident. The hgphyi was two months old and an only child. JUST A PAPER OF TACKS the paper. Blank. injure the plaintiff, and with no concerted action with their co-defendants.” In closing Judge Buckles renders judg- ment for the defendants and dissolves the temporary injunction. In denying the in- junction he gives the following reasons: “First—The plaintiff’s lease gives him a license to hunt on the premises, but no right to prevent other people from com- ing upon the same ground to hunt when How many Tacks they do not molest his right to hunt. Second--He has not acted fairly toward the defendants in baiting the ponds to en- tice game to come there from outside the inclosure, and because of the inclosure he has erected. Third—The evidence does not show any concerted action or con- spiracy on the part of the defendants to destroy the plaintiff’s hunting rights, nor to injure them. Fourth—None of the de- fendants are shown to have been hunting and shooting over the land continuously day by day, and none are shown to have been hunting and shooting there at night without intermittent period. Fifth—The plaintiff has not even tried a statutory remedy of arresting people who hunt and shoot on the inclosed grounds, nor a civil remedy for damages, and has not shown that the defendants are insolvent. Sixth— The evidence does not show that the plain- tiff has suffered irreparable injury in his hunting privileges.” Close of the Modesto Institute, 9, 11, 18 and 18 MODESTO, CAL., Dec. 6.—The session of Frisco's Biggest Busiest Store. 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