The San Francisco Call. Newspaper, January 7, 1896, Page 8

8 THE SAN FRANCISCO CALL, TUESDAY, JANUARY 7, 1896. OWING THE CITY YET, The Bay View Railroad Did Not Pay Its Car License. A DEBT OF MANY YEARS. | A Sum in the Aggregate of $100,000 Is the Amount Said to Be Due. THE LAW REGARDING THE CASE. Peter Seculovich Says That He Will Get to the Bottom of the Affair in a Short Time. way Company cisco something $100,000,” said | “and aside “The Market-street Rai owes the City of San F in the neighborhood Peter of reets, to Fift , Townsend, across Mission Creek on | | i v View race- t the law Section 8 | persons | nd find involved to certain right to a n streets in the City and ads: i in 1870, nce out in July ay that line and its entire assets belongs he City of San Fr: Co. is not the least of the de 0 1i te-d . There ense upon each car imposed in . and not a cent of it _has ever been paid. That section ouching upon the license reads: ors of said railroad shall pay County of San Franciseo the V per annum as a license upon each by them upon said railroad, which shall be made quarterly to the payme ¥ and County. f » certain waysof collecting this money, s the duty of the officials who are drawing salaries from the City | and County of San Francisco to attend to the matter as soon as it is possible to do so. lam of the opinion that a great deal | of money would be found to be due the | City if some of the old statutes were gone | into and something like this would be cropping up all the time. | “When the City reserved the right to | purchase it was probably done so merely | as a matter of form, and in such cases such rights are seldom taken advantage of. Dur- ing all the years that the line has been in operation it has made a handsome thing out of it, and yet the company has never | seen fit to pay the license imposed upon it | by the law of California. There were not | many cars on the line when it first began operations, bul that part of the City has been settling up fast and it has become | necessary to add more rolling stock. In | the recular order of things the City's revenue would naturally be increased had the provisions of the law been complied with. It has been claimed that no one came to collect the money, but that does not re- move the debt, and it is still due the City of San Francisco. If at any time, as I have sa1d before, the Supervisors released the road from the debt, they had no right { to take such steps, and the action would be illegal. | *“I do not propose to let this matter rest until I have siited it to the bottom and found out just what this City has coming. | Iama heavy taxpayer and heip to pay | of San Francisco; therefore I t upon seeing that there is some | money in sight except that which is taken from the individual taxpayers. I have been in San Francisco nearly forty-two years, and feel just interested enough to | fight for it until the taxpayers get their | rights. Itis not just that bigcorporation: and companies should be released from their debts while we are expected to put up annually. “If the Bay View road by any hook or crook has been releasea from fits obligza- tion I intend to find it out, and aiso who engineered the job and how it was doze. If they were not released I intend to see that they pay what they owe. In either event something like a clear explanation must be forthcoming. Citizens have cer- tain rights t at are due them, and I will | get all the attention 1 demand when the | time comes to have this matter settled. It | is more ser.ous than one would suppose at a glance, and on behalf of thounsands of other taxpayers [ want to know what is to be the resu There is more yet to come of this question and I have got plenty of time to fight it out to a finish.” NEW MOYE BY STATELER, Counter - Suit Against Trustee Chetwood in the Federal Court. Asks That Himself Be Declared Agent and That the Bank’s Affairs Be Wound Up. A new move has been made by Agent Thomas K. Stateler in the California Na- tional Bank case. Not very long ago Special Trustee John Chetwood Jr. of the bank brought an action in the United States Circuit Court to enjoin Stateler from acting as agent. To this a volumin- ous answer was filed by Mr. Btateler, averring that Mr. Chetwood was conduct- ing the litigation for his own personal in- terests and not those of the bank. Reply affidavits were filed by Mr. Chetwood in seli-vindication. ° Now Mr. Stateler has begun a counter- suit in the same court to have himself judicially declared the bank’s agent and to wind up the affairs of the bank and i ment from them ot | balance as aga in 1889, the election of Mr. Stateler as agent at the July 6 meeting in 1594 and the various phases of lltigauon}hmu:}l\ which the bank and its ex-president, R. P. Thomas, the soap king, have gone, are all gone over with precision as to details in the document. . According to the bill the old board o,f directors consisted of President R. P. Thomas, Vice-President R. A. Wilson, R. R. Thompson, George E. Whitney, William K. Vanderslice, Charles H, Holt and B. s. Thomas held 960 shares of the stock ; Thompson, shares and Wilson 70 shares, aggregating a_value of $158,500. The litigation is gone over to support an allegation that Mr. Chetwood was turn- ing it to good aceount for his own benefit. In July, 1890, Mr. Chetwood broug t suit in the Superior Court against President Thomas, Direciors Thompson and Wilson and Receiver 8. P. Young for a judgment of $400,000 damages for negligence in con- ducting the bank’s affairs.” By the ref- eree’s report in August, 1894, it was shown that the bank haa lost through the manipulations of Cashier C. E. Ramsden $197,092 91, The charge is made that M. Chetwood withdrew as against Directors Thompson and Wilson in consideration of a judg: 27.500, though “they held 625 shares between them of the bank's stock, and the bill says that hoth Wilson and Thompson were men_ of 1 means, Thompson being worth $1,500,000, and that the judgment of $166,919—the t the three joint fe could have easily been coliected from ‘Thompson alone, whereas Thonias wos a man of doubtful means. 1 rees fre- quently made that Chetwood, unknown to Stateler and the ban i to obtain $360 16 for expe asattorney's fees on orders from the court and subsequently anoth judgment against Wilson and Thompson, leaving only a balance of $16, bank, are reproduced in the document ¥ ourt findings of November, s to the bank, after deduc )4, ng 19, for which judgment was ren- gainst Thomas, an appeal from proceedings in the Alumeda ( iperior Court are not overlooked, nor the suits against for $40,060 homestead and the Soap Company. uit to collect the Ramsden note of s also mentioned. rose of calling the court’s tion to zll this litigation is to end show that Chetwood has oppc Siateler 1n the courts. : ce applied to the Superior Court county to have the funds of the turned over to him, but the court to do so. la nearly every case have b taken to the State Supreme Court. DMK-STRE en . The Market-Street Combine Aban- dons a Portion of the Cable Line. Electric Cars From the Park to Fill- more Street—No Chance for Opposition. No more cable-cars are to run cn Oak | street. The last car finished its trip into the carhouse yesterday morning at 1 o’clock. A gang of men was at once put to work converting that portion of the road lying between the Haight-streetentrance to the vark and Fillmore street into an electric live. That part lying between Fiillmore and Market streets will, however, probably be abandoned. his action on the part of the Market- street combine will not affect its income. Lines run on Haight and Hayes streets, either of which can accommodate the travel. There islittledanzer of any competition. All the available streets have been closed, while the cross lines at Fillmore and De- visadero streets connect the lines running to the ferries, and further obstruct the con- struction of any n-w_lines. This makes the combine sure that it can do away with the line and save itself expense at the cost of the convenience of the riding public without danger of having come in. The retention of a portion of Oak street | Haight | makes this still more certain. street is controlied by the combine its full length. Page street 1s controlled from the vark to Devisadero street. Yell street is occupied for several blocks at each end. Huyes street iscontrolled through its en- tire length. With a line on Oak street, from the park to Fillmore, any new line is barred from coming in to furnish con- venient along the street. Superintendent Vining was notinclined to be communicative on the subject of the cessation of travel on Oak street. “L can’t say whether the line wiil be converted into an electric line from Fill- | | more street on to Market or not,” he said last night. “We are going to make an electric line from the park to Filimore street, though. nect with the Fillmore-street electric line. Men are at work there now and tratiic will not be stopped long. know whether the line is to be continued from Fillmore street east you will have to see Mr. Welsh, who superintendg construc- tion.” Mr. Vining was also not sure as to trans- fers. He thought the Oak-street cars would transfer with the Fillmore-street cars, He #vas not prepared to say anything as to the probabiiity of the ifranchise on Oak street, from Fillmore to Market, being abandoned, becavse he did not know whether the electric-cars would run the full length of Oak street or not. A GREAT SUCCESS. O’Brien’s Midwinter Clearance Sale Is Sweeping Everything Before It. Yesterday J. J. O'Brien & Co.'s great midwinter clearance sale commenced its second week with a crowd that taxed to the utmost the vast capacity of the firm’s mammoth establishment at the junction of Market, Jones and McAllister streets, any single aisle of which exceeds in area an ordinary dry-goods store. These annually recurring sales of “‘0'Brien’s” have become an established | feature of the dry-goods trade of San Yrancisco, and are eagerly looked forward to and waited for bv shrewd buyers as op- portunit’es to replenish supplies at a great saving over ordinary prices. That the present sale outrivals any of | its predecessors in this respectall CaLy readers are fully aware, for the firm’s im- mense advertisements quote reductions thavare simply astouading, and those of last Sunday seemed almost incredible when the styles and qualities offered were taken into consideration. But though “almost incredible,” it was evident that the thousands who responded found the advertised reductions fully sub- stantiated in the bargains offered, for when the store was visited'in the afterncon it was almost impossible to get near a coun- ter so great was the rush of buyers. During a_few moment’s conversation with Mr. J. J. O'Brien, the genial head of the firm, it was learned that the sale to date has been the most successful of any vet held; but. as he siid, this success is ully warranted by the unusual attractions offered, for there is not a single article in any department that has not been marked down to sacrifice prices in pursuance of the firm’s determination 10 make a clean make a distribution among its stock- holders. A biliin equity to this effect was filea yesterday. The incorporation of the bank in 1886 with $200,000 capital stock and its failure 1w years later, the action of Comptroller Eckels in declaring thé bank insolvent in sweep of all surplus stock before taking their annual inventory, ———— Street lichting costs $2,800,000 in Lon- don, §3,500,000 in Paris and $800,000 in New York. Gas was introduced in London one year in advance of Paris. Ei htyearslater it was mntroduced in New York. 3 v r $1000 out of the | ) 84 for the | 7,500, was figured out to | constantly | [T CARS CEASE, new lines | transportation for those living | In this way we will con- | 1f you want to | THE RATE WAR OPENED, Beginning of the Contest Be- tween the People and Railroad. | PONDERQUS AFFIDAVITS READ. | The Southern Pacific and the Commis- sioners Now Before Judge McKenna. After numerous delays and an extraor- dinary amount of difficulty over legal | technicalities the injunction suit of the Southern Pacific Railroad Company against the Railroad Commission in the matter of a new freight-rate schedule was begun in the United States Circuit Court | yesterday morning before Judge McKenna. The matter, already so widely published and discussed and involving affairs of tremendous moment to the people of the State, brought out a distinguished gather- g of le al lights and a comfortable crowd of others, who were also interested in the sue. Few expected that the case would begin without some more preliminary Pkirmlahin\:_ but tk had an agreeable sappointment in store. Everything ran ong from the start with admirable moothne although Robert Y. tried u | The re | test wa. | ong in its first stages. ere begun in the room lly occupied by the United States t of Appeals. Attorney W. . Herrin | was early on th ared to show what sort of rights oad company | desires 3 With him were | vers nd J. C. Martin. Attor- rald was supported by bert Y. Hayue and John . Foote, the United States District ent as int member of the R appeared was Chairman La Ru When court bhad been convened Attor- ney Hayre of cqunsel for the Railroad Commissioners addressed Judge McKenna | upon the matter of a continuance. please,”’ he said, ““we must nended bill of complaint be rvenor. The only road Commi sion who | ceed with the case to-dav. It was not filed until last Saturday and we bave not had a reasonable time in which to prepare our- selves in regard to it. If it is admitted at | this juncture we must ask vour Honor for delay of at least two weeks.” ‘“There have been quite a.number of already.” Judge McKeuna rep! granted. Th e three times and cannot further nce itself and other liti. a right to be heard in proper order.”” Attorney Herrin explained that, so far as the complainant was concerned, there | had been no intention of introduci | the case any new matter w defendants were unacquainted. There was nothing of a new character in the amended bill of complant, he said, for, was present representing the | | { Lan stricken from the record if we are to pro- | accommodated its business to | | dressed the Pre | gelization,’ in effect, it was simply a compilation or | combination of the pointsin the original | complaint and in th viously introduced. It was desizned to show the financial condition of the lines operated in California as apart from those in the system outside of the State. Mr. Herrin also reminded the court that the amendment to which there now was ob- jection had been submitted in due legal course and in proper order, and to the manner of its introduction there had been no protest. amendment pre- | consider that a beneticial change would | ¢ At this time the court suggested that | the amended bill might be withdrawn for a time without any pri it again. Mr. Herrin was not disposed to adopt this =uggestion and asked if it might not be permittea to remain with the agreement that he would make no use of it 1 proceeding with the suit until the de- | fense should have ample opportunity to | become familiar with its features. The Railroad Commission lawyers vig- orously objected to this proposition, and Judge McKenna again suggested that the best thing to do would be to withdraw the | amended complaint for awhile. While | upon this subject the court hinted rather | pointedly that it might be a wise thing if acted upon his suggestion. He declared that if it were not withdrawn he was not sure that he had the right to order it stricken out, but he did kuow that h could dissolve the temporary injunction | which he had already granted the com- plainants. This put a new aspect on the matter and the amended bill of complaint was promptly withdrawn. The case began with the reading of the plainuif corporation’s original bill of gom- plaint by Mr. Herrin. The bill was a | paper of ponderous propertions and the | reading consnmed a good part of the morning session. | amount of the railroad company’s bonded annually the cost of operating the svstem, and inull;memhle other items affecting the inanci This was followed by a recital of the vari- ous reasons because of which the court is asked to restrain the Raiiroad Commission- ers from reducing the freight rates to an extent that would, it is alleged, materially injure the business of the railroad com- pany. The complaint then went on to tell that | the roads now being operated by the Southern Pacific Company, including be- sides its actual property its various leased lines, are being conducted, and have been for years, on the most economical plans possible. Particulurly bad a very great regard been manifes:ed for the rights, con- venience and safety of the traveling pub- lic. The proposed reductions, the com- plaint reads, would reduce the income of the company ,to such an extent that its iines couid not be conducted properly. The number of miles of road and the statement of the company’s bonded in- debtedness, the annual interest and oper- ating expenses, were also touched upon in an amendment to the complaint proper. In the amendment it was also set forth that the receipfs of the system in Cali- fornia for the vear 1894 showed an excess | over the expenditures of $434,497 06. Had | the proposed reduced rates been in force, however, during the year 1894 the total re- ceipts wonld have been reduced by at least $1,775,000, which would, of course, have made a deficit of over §1,300,000. The company’s legal representative then referred to the charges made some time ago to the effect that Railroad Commis- sioners Lu Rue and Stanton had taken a piedge before their election to reduce rail- road freight rates. This action on their part, he deelared, haa disqualified them from acting as members of the Raiiroad Commission. The objection was also made to Commissioner La Rue that he is a heavy shipper of freignt, and has a per- sonal interest in the reduction of railroad rates. The conclusion cf the bill was the formal application for a writ of injunction forvidding the Kailroad Commissioners from interfering with the rates as now scheduled. The bill of complaint was supported by | & number of affidavits signed by officials | of the plaintiff company. Among them were Assistant Secretary Klink, A sistans General Manager Curtis and General | Freight Agent Smurr. When these were finished a rec.ss was taken. The afternoon proceedings were barren of any enlivening incidents. The session was entirely devoted to the hearing of a few more long and ponderous afiidavits. Attorney Herrin first read affidavits from the company’s officials, principal among them being Vice-Presiient Stubbs. Ail of The bill set forth the | and other indebtedness, the interest paid | condition of the corporation, | i prejudice to_the | e of the complainants to introduace | no appreciable increase in the company’s business during any recent period, and that the rates charged for the transporta- tion of grain and other commodities are scneduled to meet the actual cost of such transportation. There had been frequent deficits and a generally discouraging con- ition of affairs. The charges for the car- rying of passengers, like those of freight, were just and reasonatle, and any sort of reduction at this time would work an in- calculable injury to the complainant in the action. Atiorney-General Fitzgerald next bezan the reading of a long series of affidavits, The first, and in fact the only one so far read, was that of Railroad Commissioner La Rue. It was generally designed to controyert the statements which had been made in behalf of the Southern Pacific Company, and was an elaborate denial of the assertions made by the complainants. It was denied that a reduction of rates would work any hardship. but would rather relieve the people of California from unjust and anreasonable tax. Re- ferring to the aflidavits of the company’s officers, Mr. La Rue declared that they were speculative and problematical in statement, and were based upon no sub- stantial facts. They were not based upon | the past, present or future conditions of the ilroad, and were unworthy of con- | sideration as evidence. He declared further the statements that freight rates had been scheduled by the company with regard to fairness and con- sideration were untrue. In many cases charges were far in excess of the cost of transporting. If at times, he said, the comvpany bad mude reductions, it was in- variably for the purpose of crushing out threatened competition. Special rates had been made in favor of persons and places, and were unjustly fixed for the masses of people in California. The affidavit then wenton to explain that the Railroad Commissioners had jurisdiction in this case and had fixed the rates, not arbitrarily, but after careful_in- vestigation and discussion. La/ Rue denied that he had subscribed fo any vledge to reduce rates, but asserted that he Lad acted fairly and conscientiously. Proceeding, he plained numerous features of the business management of the railroad company and its financial condition. He said that he had extensive knowledge of the farming and shipping interests, and that on account of the general depression in 1594 it is not proper to take that veriod by which to judge of the company’'s income. If, he declared, the present rates are allowed to stand the people of California suffer the loss of $1,500,000 annually, whici would be the €XCess OVer T ble charges. A second atlidavit of Mr. La Rue was begun, but before it was finished the conrt_adjourned until 10:30 o'clock this morning. IT HOME N ABROAD Work of the Missions Con- sidered at Preachers’ Meetings. A Japanese Who Sold All He Had and Gave It to the Poor. Rev. G. W. Lyons of Haywards ad- erian Ministerial As: ciation vesterday on **Methods of Evan- ® his remarks having especial bearing on the methods of the Board of Home Missions. The speaker stated that the p nt raethods of the board are mnot con- ducive to the highest development of the work. Particulariy in California did he be made if the local synod took charge of its own home mission work. Rev. Dr. Minton, in discussing the paper, sa Out bere we are Presbyterian paupers. New York is pouring money in here every year. It would be a grand thing if we could pay our own expenses, but we cannot.” Rev. Dr. Mathena indorsed Mr. Lyons’ suggestion and repudiated the 1mputation of pauperism on the grounds that the Presbyterian church isone of the richest denominations on the coast. “It does not matter now rich we are, refer to what we put down for our work,’ said Dr. Minton. Dr. Mathena sa'd that 1 the church had squandered millions of | dollars in this State, and he gave it as his opinion that People’s Society for Christian Endeavor the California synod would become self- | | supporting. | the attorneys for the railroad complainants | | these papers set forth that there has been | the Rev. Dr. Shearer explained the working of the Home Missionary Society, saying that the central committee distributes the money subscribed by the whole church. The following ofhicers were elected for the coming three months: President, Rev. E. Clarke: vice-president, Rev. H. N. Bevier; secretary and treasurer, Rev. James Wooaworth. mittee—Rev. T. R. Farrand, Rev. H. N. Bevier and Rev. G. W. Lyons. Baptist Ministers. An informal meeting of the Baptist Min- isterial Association was held yesterday morning, at which reports of the different churches were given by Rev. Mr. Bovnton, Rev. Dr. Sunderland, Rev. F. L. Law- rence, Rev. W, H. Latourette, Rev. H. L. Dietz, Rev. George Duncan, Rev. W. E. .}~\ldlulms, Rev. D. L. Ward and R v.T. M. il A report on the progress of Baptist Sun- day-schools was made by Rev D. F. Ward, State superintendent of Baptist Suniday- schools. The progress reported was ex- tremely satisfactory; twelve new Baptist Sunday-schools were reported to have | been founded throughout the State during the last three years. An apnouncement was made of a mis- sionary conference to be held in the First Baptist Church, Oakland, on the 80t and 8ist inst. Rev. James Sunderiand will manage the conference, missionary topics will be discussed and the women’s mis- sionary work will be presented. The con- ference will be assisted by Rev. R. R. Wil- liams, president of the Theological Sem- inary at Ramapatam, India, and Rev. T. M. Foster of China. Methodist Preachers, At the Methodist Ministers’ Association Rev. 8. Hongo of the Mishima Orphanage, Shimozuke, Japan, told in the Japanese language how he became converted in 1878, and at once became possessed of the idea that he must found an orphanage. Rev. Dr. Harris translated and stated S. Hongo was a wonderfully saintly man, who gave all his property to the orphanage. It was also stated that he is dying of consumption. THORNTON'S FEES. His Case Against I. G. Wickersham Submitted to Judgé Seawell. The case of Critt2ndon Thornton against L G. Wickersham to recover a fee of $3500 for services was submitted to Judge Beawell yesterday. Arguments were made during the morn- ing hours of court, Thornton speaking for himself and 8. M. SBhortridge for Wicker- sham. The point involved was whether Thornton was hired under under Wicker- sham’s contract or was he simply of coun- sel and his fee due from Barcluy Henley, the pnnc‘iipal attorney in the case. Henley had called in the firm of Lippitt & Lipyitt, and they had withdrawn in Thornton’s favor. ————— Very Rich Indeed In the elements that supply the human system with bone, muscle and brain substance is a circula- Intion fertilized with the scpreme tonic, Hostet- ter's Stomaci Bitters, which begets thorough as- similation snd digestion, and glves & healthful impulse to every function of the body. Dyspeptic and weakly persons give strong testimony in its bebalf. o dothose troubled with biliousness, ma- laria, rheumatism, constipation and inactivity of kidueys ith the aid of the Young | Executive com- | ‘| thinks this a fatal objection and the ALONG THE WATER FRONT Yachtsmen on Larkspur Creek. ONE WAS NEARLY DROWNED The Harbor Commissioners Visit Dun- don’s Tramway and May Order It Torn Up. Three well-known yachtsmen had an exciting experience at Larkspur yesterday. One of them nearly lost his life and the other two escaped wich a ducking. Irving Graham, Frank Hines and Harry Varney may know something about sailing a yacht but what they do not know about handling a small dingey would fill a book. They all met at Corte Madera yesterday and after discussing a number of inci- dents that happened during last season they moved on to the boaibouse at Lark- spur. There Graham challenged the others to a sailing race as far as the bar and back. The challenze was promptly aecepted and after the little boats had been made ready a start was made. Before fif rds had been sailed a puff of wind capsized Graham’s boat and his friends on the bank went to his assistance. His craft was righted and he insisted on sailing out the race. He was apparently “clean out of it” until while attempting to round a bend in the slough Hines’ and Varney's boats collided and both of them capsized. By the time they were ready to get under way again Graham had caught up and a pretty race from the bar home ensued. About two humdred yards from home Graiam and Varney were leading but Hines was coming up fast. In their eagerness to win the race the two leading men did not watch each other, and another collision and another capsize followed. Before assistance reached them Graham was so exhausted .that he { bad to be hauled into the boat witha rope, Varney was none the worse for his duck- ing. Hines was an easy winner. All three yachtsmen have had all they want of sailing dingeys in a slough, and say that in future they wiil coufine their ef- forts to the waters of the bay. The old bark Don Carlos, owned by the . Bichard, was sold at auction by States Marshal Baldwin yesterday. ‘When Bichard died there was about $1500 due the crew, and as they could not get their money they libeled the vessel. The price paid was a surprise, as it was not thought that the v Id bring more than $2000. Lorenz d started the bidding at $100C ier Brown of the Bank of Califor! ter that the price rose I 00 was reached. T | drew and Joseph Hume took up the ru nin When $3600 wasreached t e bark | w knocked down to Hume. He pur- | | chased her for R. D. Hume & Co., and | they will refit her and put her in the can- | nery trade. There w. | Merchants’ drydock over the | steamer Bonita. When on the ways it was seen that her keel from the stem Torty feet aft was out of plumb, and at first it thought her back was broken. The | i dock people said t it had not happened | while the steamer was being put on the ,and Superintending Engineer Cos- ove of the Pacific Coast Steamship Com- aid it had, Captain C. Miner Good- | all, on behalf of the steamer, and Captain Thayer, on bebalf of the Merchants, mac i ] an examination and cante to the conclusion | | that the damags had been done some time | | ago. About nine months ago the Bonita | ran on the rocks near Carpenteria, but was | | got off. It was not thouzht that she was damaved, but Captains Goodall and Thayer | are of the opinion that it was on that oc- | casion that the keel was injured. | R. Gerlich, who keeps a saioon at 2371 I i | | | | pany i street, got into trouble with the | rbor police. Just as the Oakland pas- ngers were landing from the 1:45 P. M. | boat he ot out on the sidewalk and began cursing and swearing in a most foul- mouthed manner. Otficer Charles Callag- | ban heard bim and attempted to place | him under arrest. Geriich sbowed fight, | | 2nd soon he and the policeman were roll- | | ingin the street. Finally Callaghan got the handcuffs on his man, but he could not get him to move. Officer P. A. Ma- honey came to his assistance, and between them they got Gerlich started for the Harbor police station. Crossing Market street the prisoner swung his arms and struck Mahoney in the face with his hand- cuffs. He made another swing and struck | Mahoney on the hand, lacerating the! thumb and almost breaking the first finger. At the station he was charged | with vulgar language, disturbing the peace | and batiery. 1 The Oceanic Steamship Comlgany’s Ala- meda will not get away until Friday next at2p. M. The English mails are a day | late and the steamer will have to awalt | their arrival. i Captain Jonnston of the steam schoener ‘Whitesboro says his vessel has the best record of anything in the coasting trade. | During the past year the steamer made | | fifty-two round trips, principally between | Port Los Angeles and {\'hit&sburo. The American ship Benjamin F. Pack- | ard secured a crew yesterday and will probably sail to-d Captain Allen was compelled to pay $20 a month and $40 ad- vance, as none of the men on the “beach” | would sign for less. The Independent | Boarding-masters’ Association put the +ailors aboard and not a cent of shipping- | masters’ fees were paid. The Harbor Commissioners paid a visit | to P. ¥. Dundon’s tramway yesterday. | They are not at all pleased with it nor with the manner in which the ex-Supervisor has taken the law into his own hands. As stated in yesterday’s CAL. Mr. Dunaon is likely to have a bad quarter of an hour to- day. The cars to be used are V-shaped and in consequence the space between the rails cannot be filled in. President Colnon | chances are that the rails will be ordered tora up. . At the usual weekly meeting to-day the Commissioners will open the bids for the tearing down of the outer 260 feet of Powell-street wharf. It has been found to be a menace to navigation and useless as a place for docking ships. HELPING THE FALLEN. Touching Example of Christian Charity Manifested at the Beulah Home. The Salvation Army Rescue Home in Beulah was the scene of a peculiar assem- blage last Saturday night. The officers had invited the [riends of the institution to spend the evening socially with the inmates of the home, whose lives have banished them temporarily from society. A very enjoyable evening was spent and some affecting scenes were witnessed. To see pure, refined and delicate ladies mingling in cordial fellowship with their fallen sisters and without affectation ren- dering a helping hand to restore them to a useful and happy life is a sight that in- spires confidence in humanity. Among the guests was Mrs. Mills and several of the teachers of Mills College, who pledged themselves to assist in carrying on the sci ool that Mrs. Carrie Judd Montgomery suid should be started. As some of the girls were but 12 years | safety from furth | hours old when they entered the home, and as others who are older have not had the advantages of a common-school edu- cation, it has been thought best to estab- lish a school for teaching the simpler branches, such as reading, writing, etc. A committee was np'poinbed to arrange lioraregular course” of instruction. Cap- tain Wagner, who is in charge, said the results of the rescue work have been very sratifying. But few of those who have passed through the home have returned to their lives of vice and many have be- come Christians. Among t e latter some have gone out to work for the salvation of iti those from whose ranks they so recently Excflmg Adventures of Three came, ar.d others are planning to do mis- | sionary work. ——————— A MISSIONARY SCHOOL. A New Organization to Spread Evangel- ieal Work. A missionary extension school for city, home and foreign missions will be opened on the 8th inst. in the Y. M. C. A. build- ing. The organization has secured a large room in the building for headquarters. The school is interdenominational, its object being to train all young men and women of evangelical churches for Chris- tian service. Miss Mindora L. Berry is the president, and among those who will give addresses are the following well-known speakers: Rey. E. 8. Chapman, D.D., Rev. E. R. Dille, D.D., Rev.J. Sunder- land, D.D., Rev. W. \1\'. Case, D.D., Rev. Robert Macken: ).D., Rev. Robert Whitaker, Rev. J. 8. Carroll, D.D., Rev. William A. Gardner, Mrs. Carrie Judd Montgomery, Rev. H. N. Bevier, Mrs. M. P. Ferguson and others. The superintendent and all the lecturers will give their lectures gratis. THIED T0 HANG HIMSELF The Desperate Deed of Samuel Thompson, the Aged News-Dealer. He Is in Prison Waiting a Hearing for Felonious Assault Upon Little Girls. Samuel Thompson, the old news-dealer charged with felonious assault upon girls | § of tender years, attempted to commit sui- cide in his cell in the City Prison, early yesterday morning, but like that of Eugene Pardini, the attempt was unsuccessful. Thompson was arrested on Decembsr 23, and five charges were registered against him. He was to have been arraigned in Judge Conlan’s court yesterday morning, but the cases were continued. He had been acting queerly for some days, and Captain Robinson specially in- structed the ‘‘trusties” to keep a careful watch over him. On Sunday afternoon, while members of the Salvation Army were conducting services in front of his cell, he suddenly made a rush at the iron | bars with lowered head, but was ized by | the other prisoners and soon regained his composure. About 40'clock yesterdoy morning.while the other prisoners in the cell were asleep, Thomykon tore up | under garments and tied and twisted them into a rope with a noose on one end. He tied the other ena to the bars above the cell. adjusted the noose round his neck and jumped from his cot. His heavy breathing attracted the attention of the “trusties,”’ and they soon cot him dow In order to insure his njury he was strapped ré hecould be seen by t. in breaking loose from the straps that bound him and wrenched off the gas bracket in the cell, permitting the full flow of gas to escape. This soon detected and. the damage quickly repaired. He was again strapped down, butina few put back in the felony cell on his promise to behave himself. Thompson talked in a rambling way about his attempt and his past life. He said he would not have attempted to end his life had it not been for the reproaches of the Salvation Arm ies, who told him he would be punished for his sins not alone in this world, but in the next, unless he repented. He said that in his early life he was master of the steamer Northern Light on Lake Superior. Afterward he went to New York, where he made a great deal of money as proprietor of a dancehouse until | the police closed the place and drove him But of the city. He next opened a place in Cincinnati, where he lost nearly :IXY his money. Then he drifted to San Francisco and b gan selling newspapers. He im- a-ines that heis a poet, and has spent most of his time writing poetry. INNKEEPERS' ~ LIBILIY |Reduced to a Minimum at the Last Session of the Legislature. | JUSTICE KERRIGAN’S DECISION. | Guests Cannot Recover for Loss Unless Through the Negligence of Proprietors. Ininteresting decision involving the li- | ability of innkeepers to protect the be- longings of their guests was rendered by | Justice of the Peace Kerrigan yesterday in | the zase of Charles Freundschuh vs. Mrs. | J. Villmeur. The plaintiff sued to recover | the value of a dress suit and other articles | of wearing apparel stolen from his room | while he was residing in the lodgzing-house of the defendant. He relied for a verdict on the provision of the Civil Code which, | previous to the last session of the Legisla- | ture, provided that innkeepers, hotel- keepers and proprietors of lodgir.g-houses were liable for any loss sustained by guests unless by the act of God. The last Legislature, however, in a quiet | way amended this provision tosuch an ex- | tent that the liability of hotel-keepers has been reduced to a minimum. The section, as amended, reads as follows: The lisbility of an innkeeper, hotel-keeper and boarding and lodging house keeper, for losses of or injury to_personal property, other than money, piaced by his guests, boarders or lodgers under his care, i2 thet of & depository for hire; provided, however, that in no case. shall the liability exceed the sum of $100 for | each trunk and its contents, $50 for each valise or traveling-bag and its contents, and 0 for each box, bundle or package and con- tents, so placed under his care, unless he shail | have’ consented in writing with the owner | thereof to assume a greater liability. | 1f an innkeeper, hotel-keeper or boardin, and lodging house keeper keeps a fireprooi | safe and gives notice to a guest, boarder or lodger, either personally or by posting up & printed notice in a conspicuous place in the | office or in the room occupied by the guest, boarder or lodger, that he keeps sich safe end | will not be }able for money, jewelry, docu- I ments or other articles of unusual value and | | | | | | swail compass, unless placed therein, except so fer as his own acts shall contribute thereto, for any loss of or injury to such articles, if not de- | posited with him to be -placed therein, nor in | any case more than the sum of %250 for any or | a1l such property of any individual guest, | boarder or lodger, unless he shall have given & receipt in writing therefor to such guest, boarder or lodger. The evidence in the case, which was heard several days ago, showed there had | been no negligence on the part of the de- | fendant, tnough it certainly was devel- oped that the articles had been taken from | the room of the defendant. | As this was the first case brought up | under the new law the Justice took the matter under advisement until yesterda; when he rendered a decision in favor of | the defendant in accordance with the facts. It is said that the Southern FPacific Com- pany, which bad to pay out many thou- sands of dollars to guests for losses ocea- sioned by the fire at the Hotel del Monte several years ago, as well as a number of | large hotel-owners, were responsibie for | the passage of the amendment | DEATH OF DANIEL MALONEY. | A Trusted Employe of the A Office Passes Away. | Daniel Maloney, who for many years | past has had charge of the personal-prop- | erty rolls in the Assessor’s office, died sud- denly yesterday at his home, 1753 Howard | street, of heart disease. | Deceased was one of the best-known of | the municipal officers and one of the | most trusted emyloyes of the Assessor's | Department. He entered the office under | Alexander Badlam, and after serving that | official eight years was retained by the next incumbent, Assessor Holtz. Under | Nealon’s administration he was deposed, but was reinstated by the present Assessor. | He leaves a widow and one child as wellas | a host of friends. or’s e Bohemia is so called because it was set- | tled by the Boii, a tribe of Germans. NEW TO-DAY. and Tl Cloli8 enaduils 220 bteariy ST G'igant_Tc Clearance ‘Sale-Cloaks isuits—_F urs. The Annual Cape, Coat and Suit event of San Francisco. A deliberate destruction ef regular prices to clear out the balance of winter stocks. DOUBLE CAPHS, Kersey or Chev! all wool, veivet collars, blue or bi length 24 inches, were $7, now only.. :09 v DOUBLE CAPES, like cut. biue or black Kersey cloth. 6 rows braid and cloth .50 straps on top cape; were §9, now only DOUBLE CAPES, fine Boucle, 4 rows braid around collar and top cape, binck or blue, 24 inches long; were $9 50, now only. T g6 DOUBLE CAPES, fine Curly Boucle, trimmed with band of stitched satin. 0 2.00 length 2 inches; were $10, now oniy. {00 FINE KERSEY JACK- ETS, black or blue, the very latest styles: were $9 60, now only $5. FINEST ROUGH- CLOTH and BOUCLE JACKETS, latest styles sleeves, fronts and but- tons: were $12 50, noy 27 50. i ‘/ERV SPECIAL. 150 FINE CLOTH JACKETS, bix s eewes, %004 materiais: were £16, your choice now $3 60. 200 FINE ALL-WOOL CLOTH JACKETS, black or colors; were $20, Choice now $4 50. end ol 2e0e; Gigal;ti_c Clearance Sale-Cloaks Suits-_F urs. Not ¢Back Numbers. but the newest, nobbiest garments in the eity, reduced one-third to one-haif from beginning-of-season prices. FINE CHINA SEAL FUR CAPES, look and wear iike real seal, silk & ning throughout, length 24 i 7 3 were $19, ngw only, . 313._ 27 Inches, were $22 50, now. -815 00 | 80 inches, were 5.7 50. now. 816 50 | Any of above with Biack Marten Collar $2 | extra. BLACK BALTIC SEAL FUR CAPES, fllllncne: long: were $18 50, now only...... 72 ‘WOOL SEAL CAPES, Opossum edged, silk lined, 24 inches long: we: ; now only... - 27 inches, were .mow . 80 inches, were £ now. $12:% HEAVY TAT SELGE DRESSE! fronts,jackets and skirts LOR'S 28, box fully lined, biack or blue; were $22 50, re- duced to $15. ROUGH BOUCLE- CLOTH DRESSES, box fronts, skirts and jack- ets fully lived. many dl;l:erel;lscnlor effects; were $29, reduc $16 00. i 2‘,vt-:mr SPECIAL. 5 FINE CLOTH DRESSES, box-jucket :;ycle:l;n‘ ,‘:lll skirts, hrgd now for 87 50, © °"O°°