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THE SAN FRANCISCO CALL, SA URDAY, DECEMBER 14, 1895. SACRAMENTO INQUIRY Examiners Investigate the State Viticultural Commission. PROPERTY IS MISSING. ‘ | Secretary Scott Called Upon to Explain Apparent Dis- | crepancies. PROBED BY THE GOVERNOR. Unpleasantness Growing Out of the Loose Drawing of an In. ventory. SACRAMENTO, Car., Dec. 13.—Win- field Scott, the secretary of the State Viti- cultural Commission, appeared before the State Board of Examiners to-day to explain what appeared to be a remarkable and extensive disappearance of State propert in charge of the commission. The G¢ had begn doing some quiet inves- | ticating and had asked for an inventory of | the effects in the rooms of the commission 1L Sansome street. When tnat inven- was hed by Winfield Scott, it was compared with the records of State expenditures on fixtures for the com- | mission during the last fourteen years, and | a great discrepancy was found, amounting | to a value of $2792 05 out of a total sum of | $523420 spent for apparatus since the | organization of the viticultural bureau | in 1881. {‘ The investigation was made in anticipa- tion of the near dissolution of the comm:i sion, which, by an actot the last Leg: ture, is to cease its existence on January 1, | 1896, and to turn its property over to the | University of California, so that the viti- cultural department of the State Univer- sity might thereafter do the work of the | commission and by a concentration of in- | terests save about $3000 to the State an- | nuall | The commission and the university have | never worked in unison, for the viticui- | department could not appreciate the ty of an outlav on a commission en the university might just as well | have the funds to increase the efliciency and scope of the work of 1its viticultural department. i It was claimed that almost the entire | laboratory of the commission bad silently dwindled away during the years of no accounti It was all right for perishable apparatus to break in the course of years, 1t when great, substantial pieces of fur- 1re — book ranges, mieroscopes, thermometers, fixtures and a long list of scientific apparatus used in testing wines were not mentioned in the brief invento th was ave suspicion of something wrong. A cellar outfit, consisting of barrels, fer menting funnels, bottle-stands and skic that nhad cost in all over $600, was not accounted for. The unexplained labora- tory shortage embraced materials that had at different times cost the State nearly $1900. A little lesson in itself was given in a | record of purchase of 517 wine glasses without even one being left to-day. And so it was with many of the other things that the books in the Capitol showed had | been bought, but which the inventory had passed unconcernedly by. | The investigation to-day developed the | fact that the inventory had been very care- | lessly drav and embodied only those articles which were in the office of the commission at the present time. A larce amount of the effects which were boxed | up ana stored away in the basement wer not included in the inventory, nor were a quantity which had been stored in the | Arizona warehouse. The $400 spectroscope Lad been loaned to Professor Rising of the State Unive to conduct some ex- periments with, and it is probable that the minutes of the commission will show that many other missing articles have through courtesy been loaned i{o other State de- partments. In opening the matter Governor Budc asked Mr. Scott if he could give the board information as to the whereabouts of the missing articles, and Scott revlied that he | could not as most of the articles had been furnished the commission before he had accepted the position of sec- | retary. There had been five predecessors, and as he had not been given inventories | upon assuming the duties of the oftice he was unable to give any information upon the subject. When he received the board’s Tequest for an inventory he had mentioned | the matter to Clarence Wetmore, and he, | Wetmore, bad told him to makea list of | the things in the office and forward it; so he had just bundled it together and sent it | along. g’ “There’s a lot of plunder in the basement 1 didn’t bother with,” he continued. “Oh, you didn't,” sarcastically inter- | rupted Governor Budd. “And you call it plunder, do you!” “Well, ¥ 1at’s the term I used,” re- plied the secretary *Now, Mr. Scott, why didn’t you make mention in you inventory that there wasa quantity of goods in the cellar and ware- house? Are they not fully as important as the lot of old waste-baskets and pens you did mention?”’ “Yes, I suppose they are,” replied Mr. Scott; *‘but I did not attach any particular value to this inventory business anyway,” and then waxing wroth the secretary said: | “I see that I am accused in a morning paper of disposing of $3000 wortn of the State’s property. This is totally false and I demand an official investigation. I am | also accused of being 2 member of the firm of R. M. Wood & Co., and of forwarding | their interests at the expense of the State. I was not a member of the firm of Wood & Co. when I accepted the position of secre- tary, and I also demand that that be in- vestigated.” “This board has not accused you of any- thing, and is aertainly not responsible for any published statement, as it was not furnizhed either from my office or the office of the Sccretary of State,” said Mr. Budd. “In fact, I have been credibly in- formed that you gave the nucleus of the articles to the papers yourself.” “No, sir, 1 did not,” retorted the in- censed ‘secretary. *It emanated from Artbur P. Hayne, that's where it came from, and I know it. I heid too respon- sible a position in San Francisco to stand these kind of attacks.” “And vet you invite them by sending us a careless inventory in whicn you avoid mention of valuable articles in store and very flippantly include old waste-baskets and pens.’’ The Governor proceeded to put Sec- wh se! ~ ] retary Scott through a rigid examination | working library, and should not be buried, | be declared. | the univers | responsible for it in its entirety, and if we | purpose. | the unive: | never even reported his observations to us. until finally an inquiry was made as to the state of the library of the commission. This let the feline out of the sack. The iibrary was evidently the pride of the sec- retary’s heart, and he disliked seeing it vass into the hands of the State Univer- sity. It is the most valuable collection of its nature in the world, and contains volumes that could not be duplicated. It is a good After considerable discussion Mr. Scott agreed to engage the services of a laborer to break open all the packages in store and e a thorough inventory, he to be as- ted by a representative of the State Uni- vers Governor Budd replied: “‘Mr. Scott, the commission is defunct and its property must be turned over to i We still hold them strictly find that through gross carelessness val- uable property is missing we shall hold the"commission responsible. The State has paid vast sums of money for the sup- port of the commission.” “Yes, and has been amply repaid,” in- terrupted the secretary. “We have saved millions to the State. In 1893 I was sent East to attend to some legislative matters in favor of the brandy interests, and that trip alone saved $1,500,000 to the State.” ““That may all be, but the State paid for this lobbying. Now, I can assure you that the State will pay forn ional lobbying during my administration.” Mr. Scott stated that the commission was awaiting the opinion of the Attorney- General as to the legality of turning the property in its possession over to the new corporation which had been formed, in- stead of to the Regents of the university. “We are going on without State aid,’” he inued. “We have saved the State ions; we are going on with the work. ie old spirit is not dead, and I want to | say that it was my hand that drew up the bill presented to the last Legislature dis- solving the commission. We don’t want State aid and we would not accept it.”” “Yes; and there was a bug in that Gill,” repliea the Governor. “Well, that's a question,” s tary, with a_ysterious smil. we dissolved the commission.” i s e BROKEN OR id the secre- | “Anyway, | STOLEN. LOANED, Lx-Secvetary Wetmore Says FEvery Ar- ticle Can Be Accounted For. C. J. Wetmore, a member and formerly secretary of the State Viticultural Com- mission, which has been called to task by Gove rnor Budd because of a large discrep- ancy between the inventory of property now in its possession ana the records of expenditures for the coi on, states emphatical an be ac- counted for. y “Many of the things are in the rooms. The at the university and been ever sinc it was purchased. A $178 microscope not there just now, but we can prod and a smaller microscope that cost been stolen. The Pasteur filter, some re- torts and watch glasses and a saccarametor, costing in all about have been broken during the years of use 1n_experimenting. | An icechest that cost $16 was sent to ) Fair, and was is “Gas apparatus to the value of $22 was | put in at the old rooms—404 Montgom- | leit there when we moved. al apparatus that co 30 and used in experimenting upon no good after it had served its Four chandeliers, worth origin- ally $65, were left in Platt’s Hall when we had to abandon our rooms there. Some bug-catching machines, quoted at about $30, were sent out into different parts of | the country and they becaine bent up and were of no further use. A $1l5-icechest | became old and went to pieces. The forty-two thermomete alued at $120, were sent out to the ins; ors for use in different parts of theState. ‘A large furnace that we had to heat Platv’s Hall cost $150, but when the hall was to be torn down to make room for the Mills building we could not sell it after vertising it, and finally at the very last as the buildinz was being torn down I 1d it for $49, and the money was appro- priated to the expenses of moving. “The commission has moved five times, and every move necessitates some break- age or loss, or else there are fixtures put into rooms that after a few years are not really worth tearing out. “In all I do notthink the loss is more han $700 during fourteen years. Moving, reakage, wear and other reasons have Not a been paid by our comm being approved by the State Board of Examiners, consisting of the Governor, the Attorney-General and the Secretary of State. “Tke Viticultural Commission has al- ways been friendly to the university, but ity has never been friendly to us. It has been antagonistic. In 1883 and 1834 the commission sent Professor Hil- ard and Professor Rising out during their vacation to visit the vineyards of the State and paid them $500, and Professor Hilgard wines, was ingle bill has n without first “For several years after that time we gave the State analyst. wio was then a professor in the university, $250 for analyz- ing wines. And for several vears we paid F. W. Morse, then an instructor in the viticultural department, $5 a day and his expenses during summer vacations to ex- amine vineyards for phylloxera, the vine pest. . “Now A. P. Hayne of the viticultural department over there is causing all this trouble. He has gone to Sacramento and vried around to find out how much would be coming to_him from the commission, and then, without waiting to complain when the commission should not be able to produce the things, he stirs up a prema- ture disturbance. “We furnished Hayne the money that enabled him to get his first view of the vineyards of the State. It was two years ago when Professor Gos came out here from France and we invited him to visit the vineyards with the French specialist. For the last six years the agricultural department of the university has done everything possible toinjure the commis- sion and I defy any one to find on their records any mention or credit for what we have accomplished., “We put the bill in to abolish the com- mission for we saw the people did nont want it. But we wanted the library of about 5000 volumes to remain in th y. In very many cases the books had been duplicated by the department at the uni- versity, and we did not think there was any use of a duplicate library there, o we wished to bave it given to the Academy of Sciences or to the Mechanics’ Institute for the benefit of the people of San Fran- cisco. But that sugeestion was not heeded, and everything was ordered turned over to the university. “The university department cannot do the practical work the commission has been doing; it can do the scientitic work all right. "So some of the members of the commission, associated with others, have just taken steps to incorporate a viticul- tural college that shall carrv on the work done by tbe commission. The members are: Arpad Haraszthy, E. F. Preston, John T. Doyle, George "West, 1. de Turk, C. A. Wetmore, E. C. Bichawsky, J. de Barth Shorb, John Swett, William Pa‘m- tag, Winfield Scott and C. J. Wetmore. MT.TAMALPAIS ROAD, Rails for the New Scenic Railway Have Been Purchased. WORK SOON TO BEGIN. Rights of Way for a Branch Line Secured by the Company. EASTLAND THE TERMINUS. The Surveying Corps Has Completed the Placing of Stakes Up the Mountain. MILL VALLEY, Car.,, Dec. 13.—TIt is asserted upon what appears to be good au- thority that the projectors of the Tamal- pais Mountain Railroad have purchased the rails, and as a result work will be com- menced immediately so as to have the road in running order before next sum- mer. The purchase of the rails appears to have been a wise move on the part of the pro- jectors, as they were secured at a very low price from a company which intended to construct an electric road, but on account of being thrown into costly litigation, ex- tending over a number of years, aban- doned the enterprise and offered the stock already purchased for sale. It was in this way that the rails were secured ata cost far below the price of the manufacturer. Tke rails are of California make. The survey corps of the Tamalpais Land and Water Company, under the charge of Gus D. Avery, has about completed its work on the mountain. Last Wednesday the corps started to run the line from the tank, just above Mill Valley, down 1to the head of Blithedale Canyon, through which the projected road will run upoa the Cush- ing property, passing the Blithedale Hotel and coming into Mill Valley near East- land station. At last it is possible to give some aefinite information about the terminus of the road. Negotiations are being made with M. M. 0’Shaughnessy for the purchase of atract of land owned by him adjoining the property of the North Pacific Coast Railroad, near Eastland. Mr. O’Shaugh- s willing to sell the property at a reasonable figure and it is possible the mountain road company will purchase this and erect a station. As soon as the road is 1 active operation and paving, a branch will be built from the summit of the mountain to Bolinas, the right of way having already been secured. SUICIDE NEAR VANCOUVER. A Poor Man Who Preferred Death by the Rope to Starvation. VANCOUVER, B. C., Dec. 13. — “I couldn’t get a job, had to live on clams till my stomach rebelled, then I got mad with hunger and killed myself.”” A TLis note was found in a lonely cabin, a few miles from Vancouver, last night. It was unsigned, but the writer was hanging from a beam by the neck, and had been dead for several 4 Some anxious mother, father or wi ill inquire in vain for an absent loved one, for the desperate suicide, with calculating forethought, de- liberately destroyed vestize of clew that would lead to his identit; The deceased was about years of age. He was much emaciated from hunger. He was evidently a laboring man. The Coro- jury returned a verdict of death by le, though the theory of murder has advanced suic been DEATH INVADES MODESTO, Ex-Clerk of the Supreme Court Spencer Cut Down by the Reaper. For Years He Had Been a Prominent Figure in the Politics of the State. MODESTO, Car., Dec. 13.—1J. D. Spencer, ex-clerk of the Supreme Court and editor of the News of this place, died at 3 o’clock this morning at the age of 56. The cause of death was beart failure. Mr. Spencef was born in Virginia and came to California in '49. He settled in Mariposa, and then started the News in Modesto. He published the News to the time of his death, twenty-five years. He was el d to the State Assembly in 1878. In 1882 he was elected State Sen- ator, serving two terms. In 1886 he was appointed Clerk of the Supreme Court by Governor Stoneman, and was then elected to the same office for one term, receiving the largest majority on the Democratic State ticket. He had been prominent in State and local politics and was chairman of the Democratic County Central Com- mittee for sixteen years. A widow and one child survive the de- ceased. The funeral will take place on Sunaay, under the auspices of the Masons. —_——— A PETALUMA SHOOTING. Winnie Gossage Is Fired Upon While Leaving the Fair Ranch, PETALUMA, CaL.,, Dec. 13.— H. H. Maynard and Winnie Gossage left town in a buggy on Wednesday evening ostensibly to visit Fair’s ranch. Yesterday morning after daybreak Gossage was found lying in a barn on the Dowd rach, shot through the shoulder and in a dazed condition, The exposure to thejcold renders his con- tion critical. There is a mystery surrounding the whole affair, the versions of both Maynard and Gossage being contlieting. = One Collins, who keeps a saloon near Lake- ville, opposite the road leading to Fair's ranch, says Maynard and Gossage called at his place about midnight and awoke him. Collins and a man named Phelps of the Fair ranch have had some difficuity, and Maynard insisted that Col- lins should go over and apologize. Col- lins accompanied them a short distance, but becoming apprehensive of trouble re- turned home. Maynard says that Collins accompanied them to the Fair ranch, and that they had “As to the disappearance of 517 wine |a fight, Collins then leavi:ldg without glasses, it was only natural when 300 peo- | making an apology. Maynard and Gos- ple would come togetlier at the annual | sage started Ymme in the buggy, and as State Convention of Wine-growers that a | the latter got out to open a gate some one great many of the frail glasses should be [ jumped from the roadside and shot Gos- destroyed in the course of years. Samples | sage, who fell (o the ground. Their horse of wine were exhibited at these meetings | was taken from Maynard, who ran back and little awards made. to the Fair ranch, leaving the wounded It was through the efforts of the com- | man where he had fallen. mission in bringing California wines before | (ossage’s story is to the effect that while the public in this City that they were | Collins accompanied them » short distance given their deserved recognition on hotel | on the road, they had no fight, and Collins and restaurant wine-lists.” And now the | simply turned back to escape trouble. He | California wines in this City are consid- | did not see who shot him as he stepped | ered first and ahead of foreign wines.” from the buggy, and was unable to say if it were Maynard or some other emm.| The wound is fearfully powder-burned, and the bullet must have been fired at close range. Gossage wandered about un- til he found Dowd’s barn, which he en- tered and lay down on the hay. ptbien a0y SENSATION AT FALLEJO. The Accounts of Deputy Postmaster Mc- Enery Do Not Balance. VALLEJO, Car, Dec. 13.—Postoffice Inspector Irwin was here yesterday, and after examining the vostoffice books found them in an unsatisfactory condition, there being a small discrepancy in the accounts of Deputy C. L. McEnery. This Me- Enery promised to make good the first thing this morning, but it was not done. At 11 o’clock he left the office and has not been found. The combination of the safe, which contained some $300, has been tam- pered with,and Postmaster Roe and several experts who have endeavored to open the strong box have been unable to do so, con- sequently it is not known whether the funds have been taken or not. L A pistol owned by the deputy is missing, and grave fears are entertained that he may have ended his life. He left word at home toward noon that he would not be at home for dinner. The young man has al- ways been very exemplary and held in the highest esteem, and his friends are loath to believe that he has done anything wrong. He is about 23 years of age, spare of build and of pleasing address. Word bas been sent in various directions for offi- cers to be on the watch for him. Mec- Enery is quite prominent in several local societies, among them being the Knights of the Golden Eagle, Native Sons of the Golden West and the High-school Alumni of Vallejo. — ARRIVES AT PORT TOWNSEND. Stormy Passage of the Ship Buckingham From Japan. PORT TOWNSEND, Wasn., Dec. 13.— The British clipper ship Buckingham ar- rived here this afternoon, fifty days from Kobe, Japan, and Captain Roberts reports one of the stormiest passages he ever ex perienced. The wind changed about so often that it seemed at times to be blowing from several different points of the com- pass at once. On December 1 the Buck- ingham was within ten miles of Cape Flattery, but the wind suddenly whisked abouyt ana drove herout to sea again, and she did not get inside until the third time she approacied the cape. Captain Roberts is of the opinion that the Strathnevis,with her limited canvas, is having a serious time of it in midocean. On account of the frequent changing of the wind, he is inclined to believe that the disabled steamer will be picked up, if at all, in the vicinity of the spot where she was sighted on November 19. g A8 Captain Jackson Dead. ATLANTA, Ga., Dec. 13.—Captain Harry Jackson, who was one of the best-known barristers in the South and a social leader, died to-aay after a surgical operation for appendicitis. TROUBLE FOR A RAILWAY, Disturbance in the Affairs of a Los Angeles Road An- ticipated. — | Ex-President Sherman the Supposed | Object of Former Associates’ Displeasure. There are indications of a disturbance in the affairs of the Los Angeles Electric Railway, a hint of which is contained in the following advertisement which ap- peared in a local paper yesterday : Notice—To the siockliolders of the Los Angeles Consolidated Elecric Railway: Please correspond avith the undersigned in regard to a proposed suit to set aside the late sale of the | company’s property. Address Stockholder, box | 66, this office. The advertisement gives no indication of the nature of the dissatisfaction sup- posed toexist among the stockholders to whom it was addressed, but it is believed that trouble of some nature is pending. The rgports in circulation do not in- dicate that charges may be made against those at present in control so much as that ex-President Sherman is the cause of the predicted disturbance, or at least that he is the object of somebody’s wrath. The present status of the situation is this: The Los Angeles Electric Railway is owned by the former bondholders. When the road failed they came together | and took over the road and reorganized it. There were $3,003,000 worth of bonds out under the old management, most of them being held in this State. There was no regular foreclosure, but the transfer was a friendly proceeding agreed to by all parties, and E. B. Pond and D. 8. Dorn of this City were appointed trustees to conduct the formal sale. The bondholders, on taking the road to secure themselves, arranged that in the reorganization and redistribution of the stock, 51 per cent should be held by them and 49 per cent should go to the other in- terests. Ex-President Sherman is reported to have received the 49 per cent, but whether or not he decided to fieep it as individual property or make a pro rata distribution among those who had been the former owners with him is not known. It is supposed that this phase of the sit- uation is the one that promises to take the affairs of the road into court. e IN HER FATHERS CARE. Thomas O'Donnell Has Secured Posses- sion of His Daughter. Thomas O'Donnell secured possession of his child by writ of habeas corpus yester- day. The child is about 11 years old and has been living with its mother’'s parents for the last ten years. T'here was quitea scene in court when Judge Wallace granted the writ. but his Honor said the law was mandatory in the matter and as the fatner had been shown to be a fit person he could not do otherwise than award the child to him. Had she been of tender years she might still be left with her grandparents, but as she was at an age when education was necessary the law directed that, other things being equal, the father should have control. O'Donnell and the child’s mother were separated about ten years ago and soon after the mother died. O’Donnell took to drink soon after the separation, but since then he has braced up and his neighbors have only the highest praise for him. He married again, but has no children, and so he secured possession of his daughter. bt s S bin A Fatal Mistake. Mrs. J. Morrissey of 5 Olive avenue com- mitted an error last evening that was expectea to result in the death of her little daughter. The child had a cough, and the mother, in giving her some medicine, made a mistake, and instead of administerin, a cough'syrup, gave the child a teaspoon ful ol carbolic acid.” The little zirl was removed to the Receiving Hospital, where the physician announced that she could not live. The mother stayad at the hospitai all night and was nearly crazed with grief. Mrs. Morrissey became so beside herself that 8 guard was placed over her, as she declared she would commit suicide if the child died. ———————————— A 8500 Fire. An old two-story frame house at the corner of Twenty-fifth and Point Lobos avenues, be- longing to H. Mealon, caught fire last night at 9 o'clock, and before the flames could be ex- tinguished the unilding was damaged to the extent of about $500. e house had been un- occupied for several months and 1t is supposed that tramps had effected an entrance and through tneir carelessness the building had been set on fire. Railroad Engineers Meet. The railroad engineers, now holding a con- vention in this City, met ain last night. They will continue’ their deliberations prob- ably several days longer. | o NO BLYTHE SKYSCRAPER, That's What the Unrelenting Kenlucky Blythes Say as They Fight On. WILL BATTLE FOR YEARS. Boswell Blythe Comes and Talks About the New Suit in the Federal Courts. Boswell M. Blythe arrived from Los Angeles yesterday and proceeded to look after the new fight against Mrs. Florence Hinckley’s possession of the Blythe millions that has been begun in the United States Circuit Court. He says that no seventeen-story sky- scraper will go up on the Blythe block right away and that instead of the fight over the Blythe estate heing practically ended by Florence’s recent final victory in the State courts it has onty taken a new and fresh start in a larger career. Mr. Blythe and bis brother, John W. Blythe of Kentucky, are the two active ones of the seventeen Kentucky Blythe claimants, who have long now been prac- tically the only figthers in the field. Boswell Blythe's father, a banker at Downey, Los Angeles County, died a few months ago leaving an estate of $500,000, and John W. Blythe is well off, so that there is plenty of money as well as deter- mination to back S. W."and E. Burke Hol- laday in their unrelenting fight. We propose to fight this case for twenty years if necessary, or as long as one of us ives,” said Mr. Blythe last night. “We have money enough co fight for a while and there will be no let-up. We know that we are the lezitimate, natural heirs of Thomas H. Blythe, that Florence Blythe was the aaughter of Joseph Ash- croft and that the plaintiff’s case was one of fraud clear through. ““This suit that has been filed in the Federal court is one to quiet title, and it forces them to show that they are entitled to the property. Wedon’t know when the suit will come up for a hearing of any kind, but we are ready any da; SEWOE Hart has been talking about skyscrapers. That’s all the ex-Attorney- General’s gas, and gas don’t put up big buildings. Who is going to loan the money to put upa l7-story building, or who will buy the property while the title is clouded? You see, there’ll be no big building on the Biythe block while we are in the field.” Mr. Blythe says that when the case comes to trial in the Circuit Court it will involve the merits of the whole case. It would be a retrial of the case from the start. There are drayloads of néw evi- dence and a small army of new witnesses ready for such a trial. The Holladays and the Blythes began digging as soon as Judge Coffey gave his decision, years ago, and they have been digging ever since. John W, Blythe is now in London, where he has been before, and where two repre- sentatives have been working for two or three years, and E. Burke Holladay is now in the East in the case. “We have piled up new evidence that high that Florence was Joe Ashcroft's daughter, and it is still accumulating,” says Mr. Blythe. “We have any amount of evidence of the fraud and perjury in the plaintiff's case, and have many new witnesses ready to come out from England and Scotland. Before Judge Coffey the trial occupied 288 days. In the Federal court it will be a big and notable trial, and it will be full of surprises. It will be like the Snaron case—decided one way in_the State courts and another way in the Fed- eral courts. This case is settled about as much as the Sharon_case was when Sarah Althea Hill got her judgment in the State courts. We have done all the fighting for two or three years, are the only ones who can fight and you will see us keeping up the fight.” There is a bright promise that unlessa compromise is reached the Blythe case will be threshed over again from the time Thomas H. Blythe flirted with the girl he saw looking into a London bakeshop win- dow to the present, and if that happens the stores of secret evidence that the Ken- tucky Blythes ana the Halladays have secretly piled up at a cost of many thou- sands will yield some highly interesting tales. IIOKCTION 5 DISSOLVE The Spreckels Case Will Now Be Appealed to the Supreme Court. Judge Slack Rules That the Date of Acqusition of the Property Should Be Shown. The legal contest involving 5000 shares of Paauhau Plantation stock held by Ru- doiph Spreckels, and which Claus Spreck- els and Anna C. Spreckels seek to recover on the ground that the property was con- veyed by Claus Spreckels without the ac- tion, signature or consent of the wife, will now go to the Supreme Court on appeal from a decision adverse to the plaintiff rendered by Judge Slack in the Superior Court yesterday. The decision was on motion of the de- fendant to dissolve the temporary injunc- tion recently made. This injunction re- strained the defendant from disposing of the stock pending the suit instituted for its recovery. The original complaint, made in the ab- sence of the plaintiffs, was subsequently amended and strengthened, and the alle- gations as contended by plaintiffs’ conn- sel were admitted by the failure of the de- fendant to deny them. The proceedings on motion to dissolve were begun yesterday morning before Judge Slack, sitting in _chancery, by Mr. Ach, who submitted his motion in an ex- haustive brief with the interpolation of a few words of comment. Samuel M. Shortridge, who conducted the plaintiffs’ case, preceded his argument with a re;xly to Mr. Ach’s construction of the court’s former opinion, saying that, as the opinion of the court was reduced to writing, he looked there and not elsewhere for the reasons given for the decision. The brief dialogue between court and connsel at the time or immediately follow- ing the rendering of the opinion he thought sMould not be discussed. He con- tinued, and in substance spoke as follow: It will be admitted in the outset that in this motion now maae the defendant here admits all the aliegations of this amended complaint. There is no demurrer here. There is no an- swer. There are no affidavits. Nothing. No aper, no document, no statement, no ques- tioning the facts, no controverting the facts which are, positively under oath, alleged in the complaint now before the court. And it will be assumed that all the facts in this amended complaint must be taken to be abso- lutely true. If that be true then there was never a case presented to a chancelior or court more strongly put upon the face of the plead- ings than this. 1 there be special or general demurrers or motlons to strike out, oraflidavit denying the fact alleged, then the court in the exercise of eqvitable discretion will consider the matter of dissolving this injunction. But upon this mo- tion, upon this injunction, there are facts al- leged which if true will perhaps render a decree that your Honor make, under the di- rection of a higher tribunal, utterly valueless, and all proceedings henceforth idle and use- less ceremony. Mr. Shortridge cited authorities on the | amounted to $770. The terms of imprison- proposition that a motion to aissolve an injunction before answer on the ground of insufficiency in-the allegations of the bill admitted the truth of all facts alleged. And_counsel for defendant announced his readiness to admit all the material allega- tions. Mr. Shortridge concluded his argument at 3 o’clock and Mr. Ach occupied the next hour, in which he contended that the question rested principally upon the fact that the compiaint did not allege the date | of the acquisition of the community prop- erty, and that presumably it was acquired before the cate of the passage of the act of 1%91 requiring the wife’s signature to the transfer of community property. 2 The court sustained the motion to dis- solve, saying that the plaintiffs should have shown that the property was acquired subsequent to the date of the passage of the act. Assuming that it was impossible for the plaintiffs to make this allegation, as they were given the opportunity to do in their amended complaint, he sustained the motion. s Mr. Shortridge asked for and obtained ten days to file a bill of exceptions. The defendant will now demur tothe amended complaint. and should his de- murrer be sustained-the case will be taken directly to the Supremne Court. T0O WED A TACOMA BELLE. Arthur B. Calder of the Canadian Pacific Goes North to Be Married. A society wedding soon to take place at Tacoma, Washington, will unite in marriage a very popular young man of this City and oneof the society belles of the city of destiny. The prospective bride- groom is Arthur B. Calder, traveling assenger agent of the Canadian Pacific F{uilroad for California. The bride-elect is Miss Lola Hewitt, daughter of Johnson C. Hewitt, one of the most prominent and influential business men of Puget Sound. Miss Hewitt 1s one of Tacoma’s most attractive and accomplished young ladies, and has been one of the most popular society belles since her debut two years ago. The wedding 1s to occur December 18. Mr. Calder left for the north last evening, | and will return with his bride the first of | the new year. The couple will reside in San Francisco. SUPPRESSION OF VICE Annual Meeting of the Pacific Society Was Held Last Night. Re-election of Officersand an Encour- aging Report From Secretary Kane. The Pacific Society for the Suppression of Vice held its regular annual meeting at 14 McAllister street last night, and began the new year's business with the re-election of the officers, namely: William P. Sulli- van Jr., president; Dr. T. H. Morris, vice- vresident; Bank of California, treasurer; James P. Sweeney, attorney; F.J. Kane, secretary. Secretary Kane showed by his annual report that the work of rescuing children | from the stums and from dissolute par- ents had been very successful. The com- | plaints filed by the society numbered 678, | an increase of 340 over last year. The membership has also increased from 155 | last vear to 302 this year. The seizures numbered 400 books, 300 pictures and pamphlets and 215 models and dies. Penalties imposed and fines collected and remitted to the County Treasurer ments imposed through the efforts of the society aggregated twenty-four years. There were eighty-five arrests and fifty-five convictions. Prosecutions for selling to- bacco to minors, twenty; of druggists for selling morphine without prescription, | eleven. All of these were convicted except | one, and_his trial is pending. For selling | liguor without license there were ten con- victions. Total amount of dues collected, $832; disbursements, $757 25. The names of the following prominent members were placed on the deathroll for r: P. H. Burnett, Joseph A. Dona- e C. Terrill, William Norris, George W. Gibbs, Joseph G. Eastland. —_—————— FOR HAVING NO LICENSE. One of the New Seventy-five Policemen Starts a Record. One of the new seventy-five policemen, Edward Ward, has commenced to make a record for himself. It is customary to start out the new appointees on a still hunt for violators of law so as to see what kind of stuff the novices in police work are made of. The result of Ward's first attempt was the arrest of several venders of liquors for sell- ing the beverage which cheers, in less quantities than quarts without a license. On his complaint Saloon-keepers J. F. Kearny of Leidersdorff street and Edward Noonan of Spring street, Grocer Etienne Favelere of Bush street, and Storekeepers Giovanni Rasselli of Vallejo street ana C. Ferre of Montgomery avenue were arrested yesterday and taken to the California- street police station, where they each de- posited $100 bail. , They were arrested on warrants issued by Police Judge Conlan for violating sec- tions 1 and 2 Ofgorder 1589. e — Associated Charities. The Pacific Coast Associated Charities noon for the purpose of investiczating and indorsing applications for relief which haa been received during the week from vari- ous families throughout the City, who are in need of financial aid. Thirty-four new cases and eighteen re- current cases were reported and passea upon, making a total of fifty-two which had been investigated at the instance of the various charitable institutions in San Francisco. . The secretary reported that eighty-two homeless bachelors had been provided held its weekly meeting yesterday after- | with board and lodging at the woodyard belonging to the Associated Charities on Brannan street, in_the building formerly occupied by the old French Hospital. NEW TO-DAY. Atomizers, Colognes, Extracts, Puff Boxes Terra Cotta and Bisque Goods AND EVERYTHING ELSE AT CUT PRICES! 50c Atomizers cut to . 25¢ $1 Atomizers cus 1o, . 50c $3 50 Atomizers cut to -$2 50 50c Fancy Cologne Bottles cut to..... 25c $1 Fancy Cologne Bottles cut to. 750 $1 50 Fancy Vases cut to. .$1 00 $1 Purses, Ladies’, cut to 50 50c Purses, Ladies’, cut to. 25¢ ‘We have them in Sterling Silver and Plain. Before Purchasing Examine our Immense Stoek of Holiday Goods and compare Prices. See our Window Display. NO PERCENTAGE PHARMACY, 953 Mariscl Street, South side, bet. Fifth and Sixth. Moderate Exercise, Sleep, Plain Food and Fresh Sunshine Will Bring Back Your Health, Es- pecially if You Use the Great Hudyan. You can get Hudyan only by applying to the HUDSON MEDICAT INSTITUTE. HUDYAN cures certain forms of nervous exhaustion, nervous debility, mental worry, melancholia, wasting diseases and Lost ™ Manhood. Hudyan cures certain forms of liver and kidney affections. Circulars and Testimonials of the Great Hudyan FREE. HUDSON MEDICAL INSTITUTE. TAINTED BLOOD—Impure blood, due to serious private disorders, carries myriads of sore-producing germs. Then come sore throat, pimpies, copper-colored spo s in mouth, aid sores and {alling hair. 1 save a trip to Hot Springs by writing for **Blood Book” to the old physicians of the HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts. er is affected you LIVER—When vour 1 may feel blue, melancholy, irritable and easily discontented. You will notice many that you really have and many that do not have. You need a good liver regulator, and this you should take at once. You can gat it from us. Write for book on liver troubles, “All About the Liver,” sent free. HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts. KIDNEY Remedies are now sought for by many men, because €0 many men live rapid lives—use up their kidneys. 1f you wish to have your kidneys put in good order send for our Kidney Regulator, or better, learn some- thing about your kidneys and how to make the test. The book, “A Knowledge of Kidneys,” sent free. Hudson Medical Institute Stucktqn, Market and Ellis Sts., FRANCISCO, CAL. Q00000 OPEN EVENINGS UNTIL CHRISTMAS. S. & G.GUMP, 113 GEARY ST. L CmA. wzzm =G LASS. mmm mmm AV PS. wsm Holiday Gifts at Popular Prices. CHINA PLATES, daintily and artistically decorated, in all . incl the ‘beantiful Dresden, . Limoge and Carlsbad W ~10c to $18 00 CHINA DINNER SETS, every- thing that is new and in good taste; nothing will please a housekeeper more for a Christ- mes gift..... -.$20 00 to 875 00 China Cups, Vases, Orna- ments, etc. CUT-GLASS WA- 3S, Flower Vases, Salt and Pepper Sets, Salad Punch Bowls, Cream and rry Sets, a wonderful display of finest cut glass........ Popular Prices AND BACCARAT WATER AND LIQUOR SETS, ornamented pieces in endless variety ; hereas nowhere else In the West. Popular Prices A FINE LAMP is a most sugges- tive article for a holiday gift. See our superb stock and. Ask the Price 000000 000000 $85=4ROOMS FURNITURE PARLOR, BEDROOM, DINING-ROOM, KITCHEN EASY PAYMENTS. Tapestry Brussels, per yard il q:t'h. per yard. .30 Cents .25 Cents T. BRILLIANT, 410 POST ST., above Powell OPEN EVENINGS Four-Room Catalogues Mailed Free. 0o Free Packing and Delivery across the Bay. all ‘Losses in ency, Varicocele, Gleet, Blccys. and all other Wastin, Tfrors of Youth or Fxcessca. SENT SEALED. |3 Bottles FIVE Dollars, Guaranteed to CURE any case. ‘All PRIVATE DISEASES quickly cured. ook for men mailed free, THE Hall’s Medical Institute HOPE LE 535 855 BROADWAY. DAKLAND. CAL. Baja California Damiana Bitters Is a powerful aphrodisiac and specific tonic for the sexual and urinary organs of both sexes, and & £reat remedy for diseases of the kidneys and blad- der. A great Restorative, Invigoratorand Nervine, Sells on its own Merits—no long-winded testi- monials necessary. NABER, ALFS & BRUNE, 1 323 Market S . o FOR ents, send ‘for Circular.) BLOOD POISON