The San Francisco Call. Newspaper, December 25, 1895, Page 43

THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 2 1895. 43 THE VALLEY ROAD IN THE SUPREME COURT, A Writ of Mandate Against Fresno Petitioned | For. i ABOUT THE FRANCHISE Trustees Wish to Auction the | Rights on Fresno Streets. FIRST APPEARANCE - AT BAR | An Action Fraught With Interest, In-: volving Directly the Road’s Fu- ture Progress.* | ac For the first time in its hitherto uninter- | rupted course onward the Valley road has | ;.n-oke@ the aid of the courts. It appears as plaintiff-in a proceeding brought in the Sepreme Court, and it asks for a writ of mandate against the city of Fresno and its tees. he petition for the writ was filed yes- terday with the Supreme Court Clerk. It 15 brought to compel the Trustees of Fresno to act on the application of the road for a franchise turough the city streets, The Trustees of Fresno wish to offer the franchise asked for by the Valley road, for bids, under an act of the Legistature passed in 1893. This act was entitled: *“An act providing for the sale of railroad franchises in municipalities, and relative to granting | franchises,” approved March 23, 1893, | Section 17 of this act providesas follows: i Every franchise or privilege to erect or lay ‘ | telegraph or telephone wires, to construct or operate railroads along or upon any public | street or highway, or to exercise any other | privilege whatever hereafter proposed to be | granted by the Board of Supervisors, Common | Council gr other governing or legislative body | of any county, city and county, city, town or district within this State, shall be granted upon the provisions in this act provided, and | mot otherwise. The fact that 'an application for such franchise or privilege has been mede 10such Board of Supe , Common Coun- e T gover: ative body, to- | her with a s roposed to rant the advertised | in one or daily newspapers of the | county, ¢ and county, ecity, town district wherein such £ 1l or other gover: The advertisemer of the franchise or p anted, the term of its o he day on which tenders will be | same. On the day so end read iieges must ¢ arded to the wvided, however, that nothing in | o affect & special privilege | erm than two 2 provides a ection. on of Any m Common Cour tive body of any co e the provisions of all be guilty of & nce in office, and e of a n, after trial and of competent ion. S s that the act shall take | effect immediately. Under this act the Trustees of Fresno, advised by the City Attc Mr. Moul- trie, announced that they would submit the franchise asked for by the Valley road to open competition, as it was believed would be open to the charge of mal- feasance insoffice. This course of proced- ure is distinctly antagonistic to the road, thongh individually the Trustees have no feeling against the new enterprise. The Valley road must run through many of the interior towns of this State, and the decision of this case is therefore of the ut- most importance. Should the position of the Trustees of Fresno be upheld in the Su- preme Court endless trouble result, fo at every town the road strikes the fran- chise must be put up at auction and bids | received and the frarchise must be won by the road by the doubtiul hazard of be- ing the highest bidder. Itwill also open up a glittering field for any one antagon- istic to the road to enter the competition and run the bids for the franchise upto | prohibitive prices. The point of the railroad’s contention is that the franchise of the Valley road is not guch a one as is contemplated by t statuie in question. It will be claimed that the statute gives to the governing bedies it mentions, power to regulate only such franchises as are entirely witnin the territory of their natural jurisdiction. Such a franchise as the Valley road has, is practically a State institation, for it is not limited to one city or town, nor to one county, and therefore it should not be blocked at every turn by local ordinances. The right of the Trustees of a town to re- fu or to grant a franchise is unques- tioned, but the claim will be made that no law demands that a stearn railroad fran- chise shall be put up at auction the same as a street railroad. The petition states the case clearl,’, and js stripped of much of the legal re- dundance which generally appears in such papers. It was drawn up by E. F. Preston, attorney for the Valley road, and was filed by him yesterday. The text of the petition is as fellows: In the Supreme Court of the State of Califor- nia. In the matter of the application of the San | Francisco and San Joaquin Valley Railroad | Company, for mandamus, vs. Columbus J. | reroft, Joseph Spinney, Franeis M. Ch . Edmund L. Austin end William T. Me- - consututing the Board of Trustees of the ity of Fresno, respondents. E k This petition of the San Francisco and San | Joaquin Velley Reilway Company to the hon- | preme Court of the State of California | respectf That petitioner is a corporation, incorporated and existing under and by virtue of the laws te of California, and by its incorpora- mpowered and authorized to construct, maintain and operate a steam raiiroad for the transporiation of passengers and freight for cn & point at or near the bay of San in a line generally easterly and southeasteriy to a point at or near the city of Bakersield, in the county of Kern, State of | California, a distance of to wit: three hundred ! and fifty (350) miles. That at all the times and dates herein men- tioned your petitioner was and is actually en- gaged in the construction of its said line of railroad, and the same is now constructed from & point in the city of Stockton, county of San Joequin, to & point in the same county upom | end that it may { cember. 1 | the said the banks of the Stanislaus River, a distance of 0 wit: twenty-five (25) miles; and it is the in- tention of the p oner to diligently and con- tinuously prosecute the construction of the same through the city of Fresno to the city of Bakersfield, in the c ty of Kern, as petitioner is advised and believes it has a right to do by virtue of its charter and the laws of the State of California. That the road of petitioner has always been located tn the county of Fresno, State of Cali- fornia, and continuously from said ci Stockton to said city of Fresno, and that it is necessary for the proper operation of said road, and that it may be operated to the best advan- tage and to the greatest benefit of the people of the State of California, that the same should be located in said city of Fresno as follows: From a point beginning at the southwest corner of the Shanklin Addition to the city of Fresio, thence on & curve with radivs of 1146 ilver street and Tuolumne street, ing block 15, across the east side of Q street to the center of G street, at the intersection of Merced street, thence on the f Q street to east Doundary of also for two side tracks, onecighteen feet from center of Q street on the west side, and one fifteen feet from the center of Q street boundary of the cit s Kern, Inyo, Clara strects on nect the tracks to be laid on blocks 144, 143, 142, 141, 140, 158, 157, 15 and 154. That it is necessary for the successful opera- tion of said road and in order that it may serve the convenience of said people of the State of California that said railroad should enter the city of Fresno, and should proceed through sald city at a fit and proper point and Mono, Venturaand Santa ch side of Qstreet, tocon- | | by afit and proper route, in order to accom- | plish the purpose for which said corporation was incorporated, and which purpose it was orm under and by virtue of : The operation of a steam railroad for the trans portation of passengers and freight from some point at or near the bay of San Franeisco in a line generally easterly and southeasterly to & point &t or near the city of Bakersfield, in the county of Kern, State of California, and that said route hereinbefore described isa fit and proper route for the purposes aforesaid. That the city of Fresno is & municipal cor- poration of the fifth cless, organized and exist- ing under and by virtue of the laws of the State of California,and that the defendants, at all the times and dates in this petition mentioned, were and still are tho duly electea, qualified and acting Trustees constituting the Board of Trustees of said city of Fresno. That petitioner is informed and believes, and | therefore avers, that under and by virtue of | the laws of the State of California, the Board of Trustees of sald city is authorized to permit e laying of railroad tracks for a steam rail- road in and upon the streets in the city of Fresno, and that it is empowered to grant such permission in the interest of the public, to the limit the the municipality by steam railroads to such as are fit, proper and mecessary streets in the judgment of said board for the proper exercise of the powers of such railroad corporation under and by virtue of its ck , and that it is the duty of said tees, devolving upon them by law, to act upon appli privileges and to dete best interests of the inhal pality and the interests and convenience of the people of the State of Califo That heretofore, to upon the 16th day of December, 1895, v ner, by its ap- plication duly filed with said Board of Trus- tees, applied thereto for permission to con- struct the seid road over and across the streets hereinbefore mentioned, in said oi Fresno, for the purpose of operating and m steam railroad, as hereinbefo | forth. That upon the receiving of said appli- | cation by said Board of Trustees said Board of Trustees refused to take action upon said appli- cation, end refused to pass uvon the question as to whether said strects he: ore nemed were fit and proper streets upon wh cate petitioner’s said road, but by resolution regulerly passed at a meeting of said Board of Trustees, holden upon said 16th day of De- 95, said Boara of Trustees did re- e advertisement in one or more wwspapers Fresno for at solve to mal daily | lenst ten (10) days, commencing at least thirty (30) days before any other action would be taken by said Board of Trustes, and to state in said sdvertisement the character of the | privilege which said Board of Trustees pro- posed to grant, to wit: The right to operate # steam raflroad over, aiong, across and upon treets hereinbefore nemed in said city of Fresno; and aleo by said advertisement appointed & day upon which tenders for the purchase of said provosed privilege would be received by seid Board of Trustees, and saia board threatens and intends and will | proceed to make said advertisement as herein- before stated, and upon the in said advertisement for ihe recefpt of tenders, will open said tenders and will thereupon grant to the highest of such bidders the privilege of operating a steam railroad over, along and upon said streets bereinbefore named insaid city of Fresno, and that such grant of such privilege will be made without any regard whatever to the convenience and service of the people of the State of California, and without regard as to whether the use of aid streets by your petitioner is a fit and roper use thereof, but that the right to con- struct and maintain said road upon said streets hereinbefore mentioned will be granted upon the sole ground that such bidder is the highest bidder therefor. That there is no other corporation or person or persons that purpose building a steam rail- roed from between the termini of plaintiff or over the whole or any portion of said route as located by plaintiff, nor has &ny other corpora- tion or person or persons made any applica- tion to said Board of Trustees for the priv- ilege of operating a steam or any kind of rail- road over the whole or any part of the route here inbefore described. That there is not and canuot be any other bidder or class of bidders for the privilege covered by the application of this petitioner, but that a bid for the privilege proposed to be offered for sale can only be made for the purpose of preventing the con- day named | struction of & steam railroad by petitioner as aforesaid, and not for the purpose of affording the people of the State of Cal- ifornia increased facilities for the transporta- tion of passengers and freight by an additional steam railroad between the points hereinbe- fore named. That should said board proceed and sell to such highest bidder, without regard to the rights of the people of the State of California, or of peti- tioner,or to the convenience or necessity for | euch use as aforesaid, to wit; the right to op- erate a steam railroad upon and along the treets hcreinbefore named, in said city of esno, it woula inflict and your petitioner would sustain irreparable damage in that the construction of said road and the purposes for ! which the same was incorporated would be prevented, and that its location, when chosen by it, would be exposed to competition by tenders to the said board, which would pre- ventyour petitioner from obtaining said loca- ton, except by the hazard of having named the largest sum in the tender made by peti- tioner. That petitioner has already expended a large sum of money, to wit: More thun six hundred thousand dollars (¥600.000) in the construe- tion of its said road,and if prevented from con- structing its said road as located, the amount of compensation which would afford adequate relief could not be ascertained. That peti- tioner has not any plain, speedy nor adequate | remedy at law. That it is a necessity to the suceessful opera- tion of said road, and in order that the people of the State of Calilornia may have the conve- nience of the service of said petitioner, under and by virtue of its charter, obtained under and by viriue of the laws of the State of Cali- fornia, that the determiration of its route through the city of Fresno should be limited by said board of trustees to the question of the convenience of the people of the State of Cali- fornia, of the inhabitants of said city of Fresno and of your petitioner, and that it is the duty of saia Board of Trustees to pass upon the appli- cation of your petitioner upon the merits thereof. Tbat the operation of the proposed steam railroad of petitioner is & public use, in which ull of the people of the State of California are of the streets of | | and et that time a question as to the validity ch to lo- | interested, and the refusal of the said Board of Trustees to act upon the application of your petitioner deleys and prevents the construc- tion and operation of said steam railroad. That in order to prevent the loss of time on appeal from a judgment of a Superior Court it is necessary that there should be a final de- termination by the court of last resort, to the end that the people of the State of California may have the convenience and service of another and additional steam railroad oper- ating in the State of California between the points hereinbefore mentioned as the termini of said road. That the line of said railroad is located in and extends through the San Joaquin Valley in the State of California, which said valley is of great size and very rich in agricultural re- sources. That at allthe times and dates herein mentioned there were and there are now rail- roads in said San Joaquin Valley, but that said railroads are all operated by and under one corporation, to wit: the Southern Pacific Com- pany of Kentucky. That there is no business competition in the matter of freights and fares in said San Joaquin Valley, and that the construction and completion of the railroad of petitioner will have the effect for the first i | | petitioner is informea and believes and there- | on the east side, from Tulare street to the east | I = time of producing an actual bona-fide compe- tition between different lines of steam rail- roads in the matter of charges for freights and fares in San Joaquin Valley, and that said competition will be highly advantageous and beneficial to those people of the State of Cali- fornia residing in said San Joaquin Valley, and that said community, numbering, as your fore avers, in excess of two hundred aud fifty thousand (250,000) people, are ail interested in the speedy and final determination of the question herein involved, along with your pe- tition. Wherefore, your petitioner prays that this honorable Court do issue an alternative writ of mandate directed to the respondents named herein, constituting the Board of Trustees of the eity of Fresno, commanding them to act upon said application of this petitioner for said privilege, or to show cause before this court at & day and time to be fixed by this honorable Court. And your petitioner will ever pray. E. . PRESTON, Attorney for Petitioner. E.F. Preston yesterday said in speak- ing of the move of the road: We believe the act itself is unconstitutional, because of many technical irregularities, and because of the many provisions which conflict with the sections of the codes, but we do not think it applies to steam railroads, anyway. The trustees of Fresno have a right to say whether or not the franchise we ask for shail be granted, and our action in the Supreme Cpurt is to compel them to s8¥ yes or no in the matter, but we do not think the law directs them or allows them to put it up at auction. The clause “any other privileges whatever” makes the statute very broad, and the trustees are undoubtedly sincere in the belief that they will be liable tor malfeasance in office should the Valley Road franchise not be putup for bids. The reason for this position is the advice of Mr. Moultrie, the City Attorney of Fresno. ‘When the little railroad was built from Fresno to Monterey, Mr. Moultrie was then attorney for Colonel Jones, by whom the railroad was built. He passed upon the bonds of the road, of the bonds was raised upon that very point— the franchise had not been sold to hidders. Now that he is City Attorney the question nat- came up again, and this suit is intended : the matter. You see it has been com- nenced at once in the highest court, and the t decision will be final. Our contention is that the power to control a franchise is only co-extensive with the limits | of the granting power. If our franchise were entirely within the jurisdiction of the trus tees of Iresno it would be another matter. | But this is a State franchise for a State institu- | tion—one that will benefit the people of the State and not alone the inhabitants of our | town, and so we hold that the franchise must be governed by general laws and not by local ordinance. Then, too, there isno one to bid against us. We are the only people who want a steam rail- road through Fresno, and there is competition for the franchise. Franchises such s ours be- long to the political power of the State, and subordinate bodies are only agents of the Leg- islature, The public convenience is the ques- tion and that controls, and where the power to be exercised is for the public good that power becomes imperative. The alternate writ will probably be grapted within a few days, and then the case will be tried on the question as to whether or not the alternative writ shall . be made permanent. . HE WS TRILYS LOVE Death of a Young Carpenter Who Once Wanted to Wed Miss Shattuck. 4 Suffocated in His Room, but Whether by Accident or Suicide Is Mere Conjecture. Arthur F. Merrill, who was the first lover of Truly Shattuck, was asphyxiated by gas at his home, 532} Nineteenth street, yesterday. Whether his death was accidental or suicidal is not yet known, but an inquest may determine. Merriil was a man of 25 years. He was considered eccentric. A few years ago he | met Truly Shattuck, who later became | notorious because of her connection with the murder of Harry Pool by her mother, Mrs. Shattuck. They were neighbors and soon became very friendly. Friendship on Merrill's part ripened into love and the girl seemed to reciprocate. Finally Mrs. Shatiuck summoned Merrill to the Shattuck home in hot haste. Merrill went to the City Hall the next day and secured a licenze to wed the fair Truly, but the ceremony was never per- formed, for Merrill’s relatives prevented it. Harry Poole was laying to siege Truly's hLeart at the time her hand was promised | to Merrill, though that fact was not known to the latter until after Poole’s death. When joung Poole was killed Merrill told his friends that he had given Truly up for good. His conduct was not consistent, tbough, and his friends say his love for the girl continued. At the trial of Mrs. Shattuck he was a witness for the defense. After the trial Merrill seemed dejected and lately he had apparently become more de- spondent and less fond of life. A peculiar coincidence that makes his death look like a case of suicide is the fact that on Thankseziving day his parents found him unconscious in his room, with the gas turned on. When he revived he said he had left the gas cock open acci- dentally, and no more was thought of it at the time. Gas was again discovered coming from his room yesterday morning and the door was broken open. Young Merrill was lying on bis bed dead. The parents of Merrill claim his asphyxiation was acci- dental. They say he had no reason to commit suicide. The body was not taken to the Morgue. Merrill was the sole support of his par- ents. He was a carpenter by occupation and employed by A. C. Hussey of 734 Washington street, where he was known as a steady workman. To a fellow-workman he sometlmes de- piored his separation from Truly Shattuck. R The postage for the special Christmas | edition of THE CALL to-day will be 3 cents for domestic points and 6 cents for abroad. Copies at the CALL Offi. 710 Market street, 5 cents each, r y for malling. | specifications, and that the rocks in said gutter- MAY QUST ASHWORTH Eight Counts of Misconduct Presented Against Him. THE BAD JOBS SPECIFIED. Grand Jury Asks That the Of fender Be Removed From His Office. JURY FINALLY DISMISSED. Closing Repert Submitted—Two In- dictments Found—A Banquet for Members in Prospect. The Grand Jury yesterday filed into Judge Sanderson’s court, presented an- other accusation against Thomas Ash- worth, Superintendent of Streets, sub- mitted its final report. and was finally dismissed with theythanks of the Judge. The closing session was begun shortly after 10 a. M., but there was some delay in obtainin - a quorum. When the jury went into court twelve members responded to the rollcall. Judge Sanderson had the impression that thirteen jurors were re- quired to present an accusation. During a pause in the proceedings, Assistant Dis- trict Attorney Black cited the statute, showing that twelve constituted a sufli- cient number. Following is the text of the Ashworth accusation: IN THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA. The People of the State of Californis vs. Thomas Ashworth. The Grand Jury of the Cityand County of San Francisco, State of California, makes and vresents this accusation against Thomas Ash- worth, for his willful misconduct while in office as follows, to wit: That at all the times herein mentioned, the | said Thomas Ashworth was end s the duly elected, qualified and acting Superintendent of Public Streets, Highways and Squares of the City and County of San Francisco. That as such public officer he has willfully and knowingly accepied street work done on the public streets of said City and County, and | has recommended the acceptance of, and has issued assessments for, the same, knowing the said work not to be fully performed according to the specifications for said work, more par- ticularly as follows: i Under public contract No. 2012, the defend- ant recommended the acceptance of the pave- ment on Laguna street, between Oak and Fell, on or about April 1, 1895, knowing that the gutterways did not have & concrete foundation of the thickness and quality required by the ways were laid in sand instead of cement mortar, as required by the specifications. 1L The defendant has passed favorably upon the macadamized roedway at the crossing of Clay and Spruce streets, under public contract No. | 2094, knowing that the rock used was red rock | instead of blue rock, as required by the speci- fications, and not of the proper depth. 1L The defendant favorably passed upon and issued his certificate of satisfaction for work on the roadway on Lyon street, between Wash- ington and Jackson, knowing that the gutter- ways had not the proper foundation, either as tothickness or quality, and the rocks in said gutterways were not properly bedded in cement mortar, as required by the specifications, and many of the basalt blocks used being oversized this work being done under private coutract, No. 3306, and accepted by the defendant on or about September 19, 1895, Iy On or about the same date, September 19, | 1895, the defendant accepted as satisfactory the work under private contract No. 3398 for the pavement of the roadwayon Scott street, between Green and Union streets, knowing that the concrete foundation for the gutter- ways was not of the thickness or quality, and that the rocks of said gutters were not properly’ bedded in cement mortar, as required by the specifications. 2 Under private contract 3364, for paving the block on Pine street, between Webster and Fill- more streets, the defendant, on or about Sep- tember 30, 1895, accepted as satisfactory the said work, knowing the same defects to exist as alleged in the fourth allegation herein as to the gutterways, the foundation thercof not being of sufficient thickness, or of proper qual- ity, and-the rocks in said gutterways not being properly bedded in mortar, as required by the specifications. VI Under private contract No. 3412, on or about September 19, 1895, the defendant accepted as satisfactory the pavement of the roadway on Laguna street, between Sacramentoand Cali- fornia streets, knowing the same defects to existas to the gutterways and the laying of | the basalt blocks in said gutterways, as set forth in the preceding aliegation herein. VIL Under public contract No. 2193, the defend- ant accepted as satisfactory, on or about May 11, 1895, the cement sidewalks on Valencia street, between Thirteenth and Fourteenth streets, though the said walks did not have tar- paper joints, as required by the specifications. VIIL Under private contract No. 3383, the laying | of an ironstone pipe sewer on Chestnut street, between Larkin and Polk streets, was accepted by defendant as satisfactory, though the said sewer was laid two feet above grade and was four feet short of the property line at the cross- ing of Larkin and Chestnut streets, Contrary to the form, force and effect of the statute in such cases made and provided, and | against the peace aud dignity of the peo ple o | the State of California. | Wherefore, the said Grand Jury pray that the said Thomas Ashworth be required to answer this acensation, and that upon his conviction of the willful misconduct in office, as herein | charged against him, that judgment may be | pronounced thst he, the said Thomes Ash- | worth, be removed from his office of Superin- tendent of Public Streets, Highways and Squares in and for the said City and County of San Francisco, State of California, (Signed) OLIVER ELDRIDGE, Foreman of the Grand Jury of the City and County of San Francisco. Dated December 24, 1895. Judge Sanderson did not assign the Ashworth accusation to any department, but will probably make the assignment next Tuesday. The Grand Jury also indicted Bernard Cedey for an assault on the person of Annie Price. The information sets forth that ‘an intoxicant was administered to the girl. This is & South San Franciseo case that brought a greater number of witnesses before the jury. D. A. Urquart was indicted for embezzle- ment. The information sets. forth that he was employed as a clerk for Frisbie, Ris- don & Co., and while acting in that ca- pacity embezzled $112 of money belong- ing to the firm. The final report of the Grand Jury is concise. Following is the text of the doc- ument: Hon. A. A. Sanderson, Presiding Judge, Supe submit the final report of the Grand Jury. On July 24 last we weie impaneled by your Honor. We held forty-six sessions. Fifteen in- dictments were presented and two accnsations. We investigated the various departments of the municipal government, and such matters as required attention have been given our fuliest investigation. Respectfully submitted, Oliver Eldridge, foreman; J. J. Groom, secre- tary; Marion Leventritt, Carlos G. Young, Charles M. Yates, O. F. Willcy, George H. Sanders, L. C. Marshutz, David Kerr, E. H. Hanjes, N. A. Judd, Charles G. Clinch, William H. Phelps, Charles Sonntag. The Grand Jury held a brief session after retiring from the courtroom. Resolutions were adopted thanking Oliver Eldridge for the able and dignified manner in which he presided. The services of the secre- tary, J. J. Groom, were also acknowledged by a vote of thanks. The sum of $13, which had accumulated from the pay- ment of fines imposed for non-attendance of members, was voted to the Children’s Hospital. The members of the jury decided to meet at the banquet board January 24, one month from the day of adjournment. A committee consisting of Messrs. Leven- tritt and Groom was appointed to desig- nate the place and make all other arrange- ments for the dinner. The report of the committee on board of education and public schools, a condensa- tion of which was published in yesterday’s Cary, wiil be trausmitted to the School Board within a week. It is not exactly in the form that the chairman of the com- mittee, Mr. Yates, prefers. Members of the Grand Jury express themselves as well satisfied with their five months’ work. Many sidewalk obstruc- tions and unsightly signs have been re. moved; more care in conforming to speci- fications is being observed by street con- tractors, and a strong and active public sentiment against the maintenance of pool- rooms and poker dens has been awakened. The Ditrict Attorney yesterday received the foilowing communication from the Civic Federation: SaN FRANCISCO, December 23, 1895. Hon. W. 5. Barnes, District Attorney—DEAR We are anxious to render you all the aid we possibly can in the prosecution of the street suits against Ashworth, If you couid person- ally investigate some of the work he has ac- cepted you would see that he is either incom- petent or corrupt or that he allows himself to be irgposed upon by his clerks. We have engaged tne services of Hon.H. E. Highton, who, if agreeable, will assist you in the present suit, which we hear will be or has been instituted to oust him from his office. Mr. M.S. Woodhams, our regular attorney, will also help in the case. We hope you will be more successful in the present case than your office was in the last, though no blame attaches to your office, and Mr. Black did his part as well as any person could. He1san able and honest advocate. Yours truly, 1. J. TRUMAN. MRS, MORRISON'S ESTATE Her Property Valued at One Hundred and Twenty Thousand. A Large Portion of It Left to Various Charitable Institu- tions. The will of Mrs. Julia Morrison has been filed for probate. She left an estate valued at $120,000. In the will she made the fol- lowing bequests: To her sister, Mrs. Bertha Wann, $5000; toa niece, Bertha von Quast of Oldenburg, Ger- many, 85000 and jewelry; to & niece, Florence Wann, $5000 and some diamond jewelry; to a nephew, Leslie Wann, $2000, and to his daugh- ter Edith £3000; to her brothers, Derick and Edward Stellinius of St. Louis, §5000; to a cousin, Mrs. Rose Gray, $5000, and to her daughter Ethel $5000; to Mrs. Laura Thorn- ton, $3000; to Robert M. Eyre, §2000; to Margaret and Virginia Perry, $2000 each; to Marie Gaillard, $5000; to Lilly Carr, §5000; to St. Vincent's Orphan Asylum at San Raiael, $2000; to the Roman Catholic Orphan Asylum for Girls in this City, $3000; to the Sisters of the Holy Family on Hayes street, $4000; to the Catholic Home for Aged Women, adjoining St. Mary’s Hospitai, $2000: to the Youths’ Directory, $1000; to Home for Incurables, $1000; to the St. Vincent’s de Paul Society of San Francisco. $1000; to the Prot- estant Orphan Asylum for Girls at San Fran- cisco, $500; to the Children’s Hospital, on California street, $250; to Mary E. O'Farrell, $5000; to Mrs. Eyre, bric-a-brac and books; to Mrs. F. S. Wensinger, a picture of the Holy Family; to F. S. Wensinger and John J. O'Farrell, $1000 each; to Archbishop Riordan, $1000 for the cathedral on Van Ness avenue. Mrs. Bertha Wann, Derick and Edward Stellinius and the children of Mrs. Wann are named as residuary legzatees, share and share alike. The will was dated August 11, 1891, A codicil was added July 29, 1894, revok- ing the bequests to her brother Derick,who died, and leaving $5000 of his share to Marie and Siegfre.d von Quast, children of her niece, Bertha von Quast. She added these bequests: To Otto von Schwerin, a nephew, $3000; to Robin Gay. $3000; to Father Prendergast, $1000; to Minnie and Louise Harney, $1000 each, and to Louise Gaillard $2000. F. 8. Wensinger and John J. O’Farrell are named as executors. The property includes city real estate valued at $58,000, and stocks and bonds to the value of $61,375. The remainder of the estate is cash. MRS. HEARST'S GIFT. She Sends a Check for Five Thousand Dollars From Washington to the Children’s Hospital. Mrs. Phoebe Hearst, now at Washington, D. C., gave $5000 to the Children’s Hospital as a Cnristmas gift. 1In a letter to the board of managers Mrs. Hearst conveyed the idea that the dona- tion was intended as a portion of the be- quest from the late Senator. The letter of Mrs. Hearst went on to say that just be- fore he died the Senator stated that as soon as the estate was in a condition to spare the money he wished the Children’s Hospital would be Jiberally provided for. The letter was addressed to Mrs. Harring- ton, the president. Mrs. Dutton and Mrs. Green, who are in charge of the donation bureau of the Children’s Hospital at 222 Sutter street, are in a happy frame of mind. Up to noon yesterday they had received at the bureau $2266, as compared with the entire receipts (§2524) last year. The $2266 received from various giversin this City whose names are to be published as soon as the list is complete, and the $5000 given by Mrs. Hearst, will clear the hospital of all indebtedness and leavea little balance with which to begin the new year. S8till the ladies are anxious about the monthly subscriptions. They wish it undeistood that any subscription, from 25 cents up, will be" gladly received, and that if the persons who are willing to make such a monthly subscription will only send their names to Day & Co.’s at 222 Sut- ter street, a collector will call every month for the subscription. A large number of these popular subscriptions are needed to put the hospital beyond want for the réor Court: We have the honor to herewith coming year. different from that in use in the ice palaces TRUCKEE'S FROST PALACE. The Unique Structure Projected by Its Enterprising Citizens. OARNIVAL OF ICE AND SNOW. King Boreas to Wield the Wand of Pleasure—Sleighing and Sliding in Perfection. Truckee’s enterprising citizens are bring- ing their pretty mountain town into pub- lic notice in a novel manner, and one that is expected to prove as attractive in. its way as the summer floral festivals of its southern sister towns. Instead of fair Flora wielding the wand of pleasure, it will be intrusted to the hands of grim Boreas. Beautiful snow will take the place of fiowers as ammunition in the mock battle that will be fought, flving sleighs and a carpet of downy white will replace the processional floats and smooth driveways, a grand ‘and beautiful crystal palace of Jack Frost’s handiwork will house pleasure's discipies, instead of the rayly decorated pavilion, and the longest toboggan slide ever built will afford excit- ing sport instead of aquatic events. C. F. McGlashan of Truckee was in the City yesterday, and spoke of the Frost Palace that his fellow-citizens are now busv constructing with the greatest en- thusiasm. Every effort, he said, was now being bent to complete the magnificent structure, and the appurtenances that are to aid in making a reign of pleasure by the first of the year. The formal opening is to be made a notable event. The Frost Palace is n»w nearly finished and only awaits the lighter finishing touches. It is constructed on a specially prepared foundation of solid ice eighteen inches thick. Imbedded in this are the posts that bear the roofs. These posts are joined by wire netting, and the whole 1s then sprayed with water, which, in the low temperature that now vrevails, quick'y freezes. Coat after coat is applied, till the required strength and thickness is obtained. Thus is obtained a strong edifice, yet one that is apparently delicate and fragile. This method of construction is entirely of the East and Canada. There huge blocks of ice avre used. By the Jruckee process marvelous crystal-like appearance is achieved, and the gloom and darkness of other ice palaces is entirely absent. The roof of the building is to be finished off with numerous minarets and towers, constructed in the same manner as the main edifice, thus giving a light and airy effect tbat will be in peculiar harmony with tiie whole idea. Sixty hoses are constantly employed in | spraying, and the water is carried to the highest points in the structure without trouble, as it comes from the springsin the near-by mountains, frequently from a elevation 1000 feet above tiat of the town, which is some 4000 feet above the sea-level. The structure will be elliptical in shape, | the longest diameter measuring - about 250 | feet and the shortest 150 feet. Its highest | elevation will be 250 feet from the founda- tion sheet of ice. It will be illuminated by twenty arc lights, and the stalactites in the experi- ments already made throw off a glitter and sparkle like diamonds, while the bril- liant reflzction from the crystallized walls made up a dazzling tout ensemble that was most enjoyable and impressive. The frost palace is located on the plaza, in the heart of the city. Sleighriding is also to be a feature of Truckee’s ice carnival, and for the full en- juyment of this most exhilarating of pas- | times seven miles of perfectly level road | will be kept in proper shape, the driveway | extending entirely around. Lake Donner. | | | | | | | Then, for those who want something more | exciting, an immense toboggan shde is being erected. It will be constructed on trestlework and have a sliding surface of ice, with a fall of about fifteen degrees, and will be the longest one ever built. King Boreas is to be the Teigning spirit, and be will be made to suit the idea of the projectors of the carnival. Wire net- ting will be shaped to form the figure of an ideal storm king, and this will be given a coating of crystal, properly arrayed and seated on a throne in the chief place of honor. An appropriate retinue will also, of course, be provided. It is expected that excursion parties will visit the winter carnival city from all parts of the State, and particularly from the southern sections. Tnhe California Press Association, throuzh its executive committee, is now making arrangements to visit the carnival some time between the 6th and 9th of next month. They will meet at Sacramento and go in Pullman cars, and will remain at Truckee twenty- four hours, living in the cars. SEVENTY THOUSAND DOLLARS. Value of the Work for Young Men Em- phasized by Good Subscriptions. The members of the committee of man- agement of the Young Men’s Christian Association are greatly encouraged in their efforts to raise the amount sufficient to of the association, northeast corner of Mason and Ellis streets. A few months ago the committee inaungurated a canvass for the purpose of raisinz $100,000, and up to the present time $70,000 of the amount has been subscribed by twenty-four peo- ple, $3500 being added to the amount yes- terday. The committeemen have been at work in 2 quiet manner, calling on interested citizens, and have met with encourage- ment. They have been received with the utmost cordiality and consideration, and the inestimable value of the work in this City has been recognized by the liberal subscriptions thus far made, which now reach §70,000—no pledges binding, how- ever, until the entire amotnt of $100,000 1s subscribed, which the committee hopes to bring about within the next few weeks. The following g ntiemen are among the members of the board of management of the association: J. J. Valentine (presi: dent), John F. Merrill, C. R. Bishop, uel Foster,W. Frank Whittier, A. B. Forbes, H. E. Huntington, Kdward Coleman, N.T. Romaine, N.P. Cole, C.S. Wright, Monroe Greenwood, Thomas Magee, C. S. Holmes, R. B. Forman, B. C. Wright, J. J. Pfister, Captain Charles Goodall, R.V. Watt. William H. Crocker is treasurer of the new building fund. These gentlemen are active in the can- vass and have been making personal calls upon our citizens during the past few months, not only devoting a large amount of their time but subscribing liberally as well. The canvass will be continued vig- orously until the entire amount sufficient to cancel the indebtedness on the building is raised. IAMES L. FLODD'S GIFT The Young Millionaire Donates His Usual Sum to Charity. The Example of the Father Is Followéd by the Scn in Remembering the Poor of This City. James L. Flood, the young millionaire, has with commendable promptness fol- lowed in the footsteps of hisfather by do- nating the usual sum of $6000 to the San Francisco charitable institutions as a Christmas offering. This year’s gifts-from Mr. Flood will be distributed as foliows: Protestant Orphan Asylum, $1000; Catholie Orphan Asylum, $1000; Pacific Hebrew Or- phan Asylum and Home ) § Rafael Orphan Boys’ Soc $1000; Magdalen Asylum in charge of Siste.s of Mercy, §500; Hospital for Children and Training School for Nurses, $500; Sisters of the Hol 50; California Women’s H Girls’ Aid Society, $250; St. Francis Technical School, $250. This custom of donating $6000 annually at this season of the year to the charitable institutions of San Francisco was com- wenced by James C. Flood, the father of the present donor, in 1873, since which $1000; San | time the sum of §132,000 has been drawn from the private purse of Messrs. Flood, father and son. This offering to charity not all that the Flood family have done in this City. Many gifts, of which the world knows nothing, come from the home of Mrs. J, C. Flood and her daughter, Miss Jennie Flood, besides the numerous liberal gifts given by James L. Flood, in response to the many calls upon him both for charity and schemes where public-spirited enter- prises have been advanced for the good of this City and State. NEW TO-DAY. YOU MAY SPLIT YOUR SIDES LAUGHING To think you always paid such high pricesfor your clothing, but you will never split the garments you purchase of us at just one-hal¢ what you hitherto paid to others, SUITS T0 ORDER, $10 to $20. PANTS TO ORDER, 31to 6. Be sureand reach the Big Store thres f1ont entrances, dirsctly opposite Sansome st. COLUMBIAN WOOLEN LLY, 541 MARKET STREET, SAN FRANCISCO, Wholesale Tailors and Clothing Mfrs. DO NOT BE'DECEIVED BY FIRMS USING cancel the indebtedness on the new home A NAME SIMILAR TO OURS. PESSSSSSSSSSSSSSSSSSea ST THE FRUIT GROWING INDUSTRY 1S EXHAUSTIVELY BOOK OF 325 PAGES, 9x12 INCHES, JUST ISSUED. Every detail is given, from nursery to market, inciuding crops, prices and profits. 8anta Clara County, its cities, towns, orchards, vinoyard® and prominent people, iilustrated from 939 photographs. A work of art, suitable for the center-table, and a most sppropriate Christmas pres- ent. There is scarcely a quostion that could be ssked concerning Sants Clara County and its rerouroes that is not fully answe:ed. Is will Le sent, expressnge prepaid, to any part of the United States at the following rates: Bound bound in leatherette, $1.25 per copy. Address CHAS. M. SHORTRIDGE, San Jose, California. TREATED IN THE in Bristol board, 75 cents per copy;