The San Francisco Call. Newspaper, January 9, 1896, Page 4

LES COACH Colonel Bradbury Sued by 0'Campo, His Injured Jehu. BAD EAND AT DRIVING. A LOS ANGE The Coach- Was Driven Off an| Embankment and All Were Spilled. | HAD T00 MUCH REFRESHMENT. 0'Campo the Only One Hurt and He Wants Tw -Five Thousand Dollars. LOS ANGELI John Bradbury, tc bers of a somewha Department 5 of the ing as defendant it against O’Campo, one of the Southern Cali- , appeare him by wide forni The attorney f pected to show r the plaintiff said he ex- th s Ange 0’Campo, with his coachman con- as and all-aro sisted Mr. ar Ba d Dater. b was drawn by fo on pleasure bent. ped over night and their way next morning. | ho was driving, was | upset the coach as| d, wcipating in 1ents” along the road, | drove the four lively horses recklessly, and | ona sandy road about three miles from | Ventura calmly and coolly drove off the road and the coach feil over a little em bankment and was upset. The members of the party w re or less shaken up and “Tommy” O'Campo was buried under | the coach and crippled for lif v left the hotel, certain “refreshr THE WILL OF HOLLIS HITCHCOCK. He Was Worth Half a Million and Was Liberal in Bis Beguests. SANTA R Car., Jan. 8 of Hollis Hitchcock, dated 1895, was filed here to-day. No appraisement has yet been made, | but the petition for the probate of the will | estimates the value of the property at| about $500,000. The property of the es Sonoma, Solano, Mo Mendocino counties. follow: Real estate, Monterey $60,000, The will December 13, ituated in rey, Marin and | It is subdivided as Sonoma §: § no $20,000, Marin ocino $5000. The personal follow Railrcad stock ock $100,000 and personal is $75,000, effects $16,000. The executors of the will are H, E. Law- rence, George McNear and H. M. LeBaron. Twenty thou dollars left to Bo- nship and Tomales township. in County, for road improvement. This sum is to be expended at the rate of $2000 a year till the legacy is used up. All of the tenants of the deceased in Sonoma and Marin counties are to be given H. M. LeBaron of V Ford is leit $20,000 and a $30,000 bequeathment is to be held in trust by the executors for the bene- fit of two sisters and one brother now living. They are to receiye a yearly stipend of $500 each. At their death the re goes to the children of deceased and brother and to the child of a now living. Five hundred doliarsisleft to each of his numerous nephews and nieces, save the er Benjamin, who are x months rent free. lle; he d res he was ead man dec married, but in case proof be shown that lie had a lawful never wife or child, he directs empowered to sell or convey any or all of the estate, if so de- sired, without order of the court, and are 1o act without bonds. The witnesses to the will are L. C. ncisco and M. D. iams of Oakland. - A4 FHESNO HUSRAND CRAZED. Lane Merritt and HRis Wife Left Him and He Went About Breaking In Doors. , Cax., Jan. 8.—A few days ago wife of a laundryman of , left her husband and two smail children. She is still in the city, but has remained concealment. Mr, Hall has been mak- g a vigorous unsuccessful search for her. This morning while on a searchine ex- pedition he went to the house of a butcher named Andy Peterson in the east- ern part of the city, having in some way gained an idea that she was there. Peterson was still in bed and was awak- ened by Hall crashing in the front door of the house. The butcher fan to the front room, and there he was confronted by 11all, whe immediately leveled a pistol at him. Peterson did not know Hall and immediately came to the conclusion that he was crazy, and he dodged back into thfle bedroom and secured a Winchester rifle. Just as he got to the door leading from the bedrcom to the front room Peterson leveled his rifle on the unceremonious visitor, intending to make short work of him. At this dangerous juncture Hall dropped his pistol and cried ou ‘Don’t shoot; don’t shoot. Tam afraid.” Peterson complied with the earnest re- quest and asked Hall what he wanted. he latter replied that he was looking for his wife, who had left him, and asked per- mission to search the house. This was granted and failing to find his better half Hall departed, after apologiz- ing for what he had done. He returned’ about an hour later and begged Peterson to have him arrested. PRIl 2iiaid at 1ié was ore ¥ over his wife's desertion and did not know what he was doing when be invaded Peterson’s house, No arrests were made. Mrs. Hall is stopping with a private family in this city and she says that she left her husband because she could not en- dured his cruel treatment, ghersieg e UTZTING DENIED. General Passenger Agent Byrne of Los Angeles Combats tie Eumor. LOS ANGELES, CaL., Jan. 8.—John J. Byrne, general passenger agent of the Southern California, said tbis morning, when asked if there was any truth in the RATE- | pleasure trip a short time ago. THE SAN FRANCISCO CALL, THURSDAY, JANUARY 9, 1896. one is able to ascertain. There was a meeting some time ago of the Western Passenger Agents, and as a result of the meeting an agreement was entered into. *This agreement went into effect on the 1st of December and is sti'' in effect. It provides that all round-trip tickets shall be sold at 10 per cent less than the fare charged coming and going.” A DEATH. A HANFORD H While on the Chase His Gun Was Acci- wentally Discharged. HANFORD, Car., Jan. 8.—Adrian Cer- vantes, a Mexican who resides here, had been missing for several days, and his friends were uneasy over his disappear- | ance and have been searching for hiw. This morning wora was brought in that his dead b had been found on the Laguna de Tache ranch, west of Le Moore and west of Kings River two or three miles, antes went on a hunting expedition and it is thought he came to bis death by the accidental discharge of his gun. He hot through the heart and from appearances he had been dead two or three days. He leaves a wife and child. 500 Traver Journalist Married. TRAVER, Car., Jan. 8.—G. W. Leisz, ‘one of our prominent young citizens and, until recently, one of the proprietors of the ing to Miss Matiie Landry of Misséuri. Miss Landry came to California on a & She is quite handsome, and Mr. Leisz became enamored of her attractions at their first meeting. An engagement soon followed, and the wedding is the sequel. Sullivan Estate Company Or- ganized With a Million Capital. The Notorious Pyle-Piercy Breach of Promise Case Goes to the Jury To-Day. SAN JOSE, Car., Jan. 8.—Chairman Greeninger of the Board of Supervisors has appointed W. M. Cooper, A, T. Herr- mann, F. C. Franck, W. A. Meads and C. M. Wooster as delegates to the fifth ses- sion of the California River Improvement Convention to be held in San Francisco on Wednesday, January 15. e 4 SUICIDAL LOF AFFAIR. Lizzie Morgan’s Lover Would Not Marry and She Swallowed Carbolic Acid. SAN JOSE, Carn., Jan. 8.—Lizzie Mor- gan, a 17-year-old girl, attempted to com- mit suicide this afternoon at the residence of her brother by swallowing about half an ounce of carbolic acid. station, where her parents residze. During her vi she became acquainted with her 1-law’s brother, John Collins. had a quarrel and because Collins would not marry her she decided to com- mit suicide. The girl wrote a note explaining that Collins had gone back on her, which caused her to kill herself. The doctors who were she wili recover. - DEATH OF MRS. HERVEY. sammoned say A Resident of the Garden City Since the Early Fiftie R. Hervey, wife of H. M, Hervey, died at her residence in the Willows last night about 9 o'clock. She was a native of New York, and 79 vears of age. She came to San Jose in 1852, and_was very prominent in church irs. Last September she and her hus- celebrated their fifty-eighth wedding anniversary. The deceased was the mother of Dr. C. H. Hervey, Professor W. R. Hervey, Mrs. Rose Stratton and Mrs. Lena A. Whi ARG Sullivan Estate Company. S JOSE, CaL., Jan. 8.—Articles of in- corporation of the Sulliven Estate.Com- pany were filed in the County Clerk’s office to-day. The object of thé corporation is to carry on a general business. The capital stock is placed at $1.000,000, of which $900 are subscribed. San Francisco is named as the place of business of the corporation. The following are named as directors: Francis J. Sullivan, C. A. Sullivan, Ada Sullivan, Belle S. Turner, F. V. Sulli- van, Henrietta Sullivan, Georgia B. Sulli- van, E. V. Sullivan and Mary Pigott. Smo o e y Barn-Burners at Worl:. N JOSE, Cav., Jan.8.—A barn con- taining about twenty-five tons of hay, belonging to John Maloney, on Carlisle street, near Pleasant, was destroyed by fire about 9 o’clock this morning. The loss amounts to about $300. The fire was of incendiary origin. On opening the doors of the barn four or five short candles stuck in small piles of hay were found burming. One burning candle stood upon a coal oil can in the center of & pile of hay and had been placed under one of Maloney’s wagons, which also strewn with hay in its bed. LA Myr. Spreckels Investing. SAN JOSE, Cavn., Jan.8.—A deed was tfiled in the Recorder’s office to-day by which Charles B. Polhemus conveys to A. B. Spreckels ot San Francisco 802 acres of Jand in tbe Laguna Seco Rancho. The consideration named is §10, but it is understood that the actual sum paid was $120,000. The land 1s in the vicinity of the Twelve-Mile House and is evidently an- other acquisition to the source of supply of the Citizens’ Water Company, in which Mr. Spreckels is interested. ! - A Burglar Sentenced. SAN JOSE, CaL., Jan. 8.—Samuel Fran- cis, who with John E. Burke burglarized the residence of H. V. Morehouse in Octo- ber last, was sentenced to six years in San Quentin this morning by Judge Lorigan. Burke, whose trial was to have com- menced this afterncon, asked permission to withdraw his admission of a prior con- vietion and be atlowed to plead burglary in the second degree. The court took the matter under advisement until Friday. e Sudden Death of a Mongol. SAN JOSE, Car., Jan. 8.—The dead body of an unknown Chinaman was found on the railway track back of Fox’s nursery, near Warner station. The body wasin a sitting posture when found. The China- man was_seen in_the vicinity about 11 o'clock. Death evidently resulted from heart disease. The body was brought to the morgue and an inquest will be held. e The Breach of Promise Case. SAN JOSE, CAL., Jan. 8.—The taking of testimony in the Pyie-Plercy $50,000 breach of promise suit was concluded this morning. Argument was at once com- menced. R. R. Syer made the openin, address for the piaintifi. He was follow: by Attorney Cothran for the defense, The case will probably be given to the jury to- morrow. report to the effect that the Santa Fe and the Southern Pacific were cutting rates from Eastern points to Southern Califor- n ““If there is any cutting I don’t know about it. The existence of such.a condi- tion of things would certainly be known to me, It is simply one of those idle rumors that gain currency, the source of which no e N Emoline Hollis’ Will. SAN JOSE, Cavn., Jan. 8,—The will of Emoline Hollis was presented for probate to-day. W. H. Hollis, the sole devisee under the will. is namea as executor. I'he estate consists of $2500 on deposit in a local bank, ver Advocate, was married this morn- | THE NEWS OF SN JOSE. The girl was on a visit from Wrights | SAN JOSE, CaL., Jan. 8.—Mrs. Caroline | uilty of | SANTA ROSA'S WATER Opponents to the Bonds Achieve a Temporary Victory. A DEMURRER SUSTAINED IJ udge Daingerfield Makes a Plain [ Statement From the Bench. EXCHANGE OF BONDS FOR WORK. “If the Complainant’s Allegations Be | True Contract Must Be Void.” SANTA ROSA, Carn., Jan. 8.—In the case of Wesley Mock vs. the City of Santa Rosa Judge Daingerfield of San Francisco, presiding in Judge Doucherty’s depart- ment, made an order sustaining the spe- cial demurrer of the city and allowing the | plaintiif ten days to amend complaint. This suit was brought in the name of Wesley Mock by the oppenents to the new water system to have the bond sale de- | clared illegal and the subsequent letting | of the contract void. | Inopen court to-day the Judge said: | “If the allegations in the complaint were | true I would hold the contract void and a | general demurrer should be overruled.” |~ Onecause of action set forth in the com- | plaint alleges that the bonds were not | legally sold, but were exchanged for the | work. In referring to this charge the Judge says there isno impropriety in the exchange of bonds for work. Another cause of action set forth in the complaint alleges that the contract for the construction of the works is void because the plan of the work was not in accord- ance with the plans and specifications of Monjeau which were originally adopted | by the city, and were the plaus and speci- fications on which the election was held and the bonds issued. If this be true the Judge holds the contract void. The demurrer, in as far as holding that the complaint did not state facts sufficient to constitute a cause of action, was not sustained by the court. The Judge's opinion further than bas already been mentioned has not yet been | filed, but the Council claim they have fol- lowed Monjeau’s plans, with such excep- tions as were allowed by law. The variations made in the plans and ecifications as adopted by the city con- ute the strong point in the plaintiff’'s | complaint. The ruling has been favorably construed by the attorneys for both sides, each considering important points won. SHN DIEED WATER RATES s A Rousing Meeting of the Con- sumers Held Last Night. | The Land and Town Company’s Action Severely Denounced and a Fight to Come. ™ SAN DIEGO, Cawn., Jan. 8.—A rousing mass-meeting of water-consumers under the Sweetwater system was called to-night at Chula Vista, and almost every rancher in the section affected was present. | Originally the meeting was called to take action against the arbitrary move of the San Dieeco Land and Town Company | in shutting off the water from the entire system, but word was received during the day that Judge Ross of the United States Circuit Court had peremptorily ordered | the water turned on again. The meeting to-night, therefore, was more temperate, though it was sufficiently warm to leave no doubt of the rancher’s position in the matter. Hon. A. Keen, representative from the Eightieth District, presided, and speeches were made by Colonel C. H. Rippey and Judge M. L. Ward, counsel for the con- sumers, Colonel Rippey denounced. the com- pany’s acts as worse than that of stage- robbers and said he woula advise the { ranchers to fight the case to the end rather than pay double rates after buying water rights outright. Juage Ward said the company had con- ceded that the consumers in purchasing water rights had become joint owners of the water with the company, and he also urged a contest in the courts, he committee previously appointed to canvass the ranchers for $1 per acre to fight the case reported that 1250 acres had been pledged and during the evening $700 cash was raised. The committee was em- powered to employ legal talent and fight the case to a nnish. The company will probably turn on the water to-morrow, but in the meantime the bill of equity in the Federal court will be heard. The company alleges that the rate de- manded, $7 per acre, is reasonable and necessary to vield 6 per cent on its invest- ment; that it has the right to impose it, and that consumers have no right to enter separate suits in court to compel the com- pany to furnish water at the old rate of $350 per acre. A decree and injunction is prayed for accordingly. The temper of the meeting to-night was to make concession whether the company was to contest its right to fix rates at all. e FRESNO CONYRACTOR GONE. He Tool $2600 With Him and Left His Men Unpaid. FRESNO, Cav, Jan. 8.—Charles Good- fellow, who had nearly completed his $7000 contract on the sewer extension work in this city, was to have paid off his laborers this evening at Dick Hedinger’s cigar- store. Mr. Goodfellow had fixed this time and place for paying the men. At the appointed hour nearly a hundred men assembled with claims ranging from $5t0 §75. Mr. Goodfellow did not appear, and after waiting for several hours the laborers were startled by the report that their employer had left town. Yesterday he drew $2600 as partial pay- ment on the contract. One of Goodfellow’s bondsmen, when seen to-night, said that he was satisfied that the contractor had left for good with the $2600. Ttis thought that he went to 8an Francisco. A warrant was sworn out to-night for his arrest. While here he had & woman with him whom he claimed to be his wife, which was not the case. et R National Guard Dinner. PHEN]X, Ariz.,, Jan. 8.— Dr. Scott Helm, surgeon-general of the Arizona National Guard, gave his sixth annual military banqu€t to-night, at which the Governor and the Territorial and military officials were present. Among the guests were Colonel C. F. Crocker of San Francisco and J. Sloat Fas- sett of New York. The dinner was the most elaborate one ever given in Arizona. ——— 4 STOCKTON STEAMER AGKOUND. The J. D. Peters Kuns Her Nose in the Mud at Dutchman’s Cut. STOCKTON, Car., Jan. 8;—The steamer J. D. Peters ran on the bank last night at low water at the first cut on the river, known as Dutchman'’s, abont seven miles from Stockton. The vessel was very heavily loaded, and when sne went on the bank was unable to get off again. She was still in the mnd when the Mary Garratt and Captain Weber passed her this morning. When the Peters struck the mud bank last vight her nose was soon in the mud with her fantail out in the stream, sothat there was barely passageway for the Dauntless when Bhe reached that place. The steamer did not arrive at the wharf until this afternoon. —_——— STOCKTON SWINDLER ON TRIAL. Out of the State Two Years but Captured Immediately on Returning. STOCKTON, CaL., Jan. 8.—J. W. Rock- well, the man recently arrested in San Francisco for swinding two Union Island farmers out of 1007 sheep by representing himself as a buyer for a San Francisco house. was placed on trial to-day. Rockwell bought the sheep on fifteen days’ time, disposed of them to San Fran- cisco people and went to Canada. About the time he left he sent a bogus draft to the ranchers. He remained out of the State two vears, but returned to San Francisco two months ago and was taken into custody. The evidence against him is conclusive 80 fur as bas been taken and his chances for San Quentin are favorable. Napa Burgiar Convicted. NAPA, Car., Jan. 8.—FErnest Geiger, the man who was found to have such a quan- tity of stolen property stored at his Mount Veeder ranch, near Napa, was found guilty of burglary to-day. The crime he was convicted of was that of stealing a number of vehicles from a St. Helena carriage-maker. Attorney Col- well says,he will appeal Geiger’s case to the Supreme Court. - ANEW HAMLET IN JAMES. That Actor’s Interpretation of | the Danish Prince Proves a Revelation. Notes of Attractions at the Other Playhouses—Only Standing Room at the Columbia. Louis James’ portrayal of Hamlet last night was a revelation even to his warmest admirers. This is the first season he has played the role, though it is stated that for years hie has been fired with the ambition to give his own rendition of the Prince of Denmark. During that time James has given much time and thought to perfecting his own .conception of the complex character, and the result, as shown last night, is a Ham- let out of the beaten track, and one that, for artistic intelligence, as weil as for finished technical skill, can challenge com- parison with such Hamlets as those of Sheridan, Barry Sullivan, Henry Irving, and even the Hamlet of the great Booth himself. With regard to the external make-up of | the part, Louis James affects the blonde or Scandinavian type, rather than that of the traditionally dark-naired Dane. His golden locks add to the youthfulness of his appearance, thereby giving him about the Prince’s rightful age of 30 years. From beginning to end of the tragedy James’ portrayal of the Prince of Den- mark was even and effective. In his speech and action he followed his own di- rections to the players and never tore a passion to tatters. His enunciation was clear and telling, without any trace of ranting, and his gestures helped to heighten and emphasize the meaning of his words. James’ conception of the part struck a medium between madness and sanity, | which was calculated to send the audience home as puzzled as to whether the Prince of Denmark were mad or feigning as Shakespeare probably intended students of the part should ever be. He never emphasized the insanity as be- ing a mere cloak to discover his uncle’s guilt. At "the same time there was a method in his madness which gave sym- metry and harmoniousness to his interpre- tation. In the closet scene James was especially strong. There was a touch of sincerity and genuine feeling in his reproaches to the Queen which proclaimed the true artist. The play scene also he worked up to a splendidly dramatic climax. The support- was on the whole good. Miss Alma Kruger was a rather modern Ophelia in the opening scenes, but she was admirably natural and effective in the mad scene. Harris was good as the King, Guy Lindsley made an impassioned Laertes and all the other parts were in satisfactory hands. The scenery was excellent. “Hamlet” will be repeated to-night. The Frawley company has been more that repeating this week at the Columbia Theater its former success. “The Lost Paradise” is a strong play, and it has evidently pleased the popular taste, for the sign, “Standing room only,” has been out at mostof the perform- ances. There have been so many requests for “The Senaior” that it has been decided to make that play the bill for next week. Marie Wainwright and her company are pleasing good-sized audiences at the Baldwin Theater with the production of Lancaster and Megnus’ ‘‘Daughters of Eve.” The clever lead- ing lady hes satisfactory support, which helps to make the drama a success, Next Monday Marie Wainwright will be seen in Sheridan Knowles' old play, “The Love Chase.” “Camille” will be put on at the end of the week. It is some time since Morosco produced a play better suited to the scenic capabilities of the Grand and to the company playing there than “The Fugitive.”, There are strong situa- tions in the exciting drama, Miss Maud Edna Hail, and Couiter Brinker being especially suc- cessful in rising to them. ‘The sparkling comicalities of “My Precious Baby” are affording plenty of amusement for. the audience at Grover's Alcazar this week. Leonard Grover Jr. has made quite & hit as the “Baby,” and the rest of the company are quite at home intheir various roles. The Orpheum has several strong acts this ‘week, particularly that of Newell and Shevette on the horizontal bars. The Manhattan Com- edy Four Quartet miso does some pleasing work, and Clifford and Huth, in their dialect duets, are thoroughly entertaining. The spectacular purlesque “Ixion,” with its new specialties, is still proving a popular at- traction at the Tivoli. 5 B Ben! ———————— Supplies for the Valley Road. Supplies for the Valley road are sim ply pour- ing into this port. Yesterday the Kenilworth arrived with 1100 0dd tons of rails, spikes, fish- plates and bolts; the John McDonald with 800 tons of the same material i3 g-m‘nuy dis- charged; the Iroquois, which had aboard 800 tons for tie Valley road, is fully dhchlged, and the Roanoke, with 2000 tons; the M. P. Grace, With 700 tons, and the Edward O'Brien, with 1000 tons, are due to arrive any dey. This material is coming from the Lackawanus mills of Scranton, Pa,,and the Bethlehem mills of Bethlehem, Pa. ———— BiLL and letter heads, statements, envelopes and typewriting papers. All our neighbors wishing stationery supplies for; the new year can save time and money by placing their or- ders with us right here on Market street. San- born, Vail & Co. e ~ SCORED THE GRAND JURY, School Directors Take Exception to Its Recently Rendered Report, MR. BABCOCK'S STRONG TALK. An Investigation Is Urgently De- manded at the Hands of the Present Jury. “The last Grand Jury, or at least certain members of 1t, were bunkoed by F. A. Hyde into making the report it did on the Schoo! Department,” said Superintendent Babeock at last night's meeting of the Board of Education, after the reading of the report. Mr. Babcocl: was thoronghly in earnest as be spoke and betrayed far more feeling than he generally does when talking before the board. ‘“‘Where, in any of the laws defining the powers of the Grand Jury,” he continued, “will yon find anything giving it the power to interfere with the business of the Board of Education? It neverwould have interfered, either, had it not been misled by the statements of a man who has gone out of his way to besmirch the present board.” Then Director Clinton took up the cud- gels and said that he desired to call atten- tion to some glaring errors in the report. ‘‘Some of the statements are absolutely false,” he said, “and we should not rest under the imputation of having committed acts which we have not. The report, in speaking of the Normal School, states that We have been spending $5000 on the Nor- mal School, when, as a matter of fact, during the past year it cost but $2680 to run the institution.”” | He closed by moving that the report be {‘Hyde bound” and referred to the Suver- intendent, a course that was adopted. The board seemed determined not to let the matter rest, however, for presently Director Carew introduced the following resolution, which was adopted: WHEREAS, The late Grand Jury has charged the Board of Education with gross and willful extravagance, namely, squandering public | funds; re said charges have been ing eccorded a full and fair | hearing to the Board of Education ; and where- | as, said Board of Education and the citizens and taxpayers of this City and County are entitled to & full and fair hearing of the above charges; now therefore be it Resolved, That the Board of Education of this City and County demand at the hands of the present Grand Jury a full aud fair hearing of the above charges, and we respectfull vite the Grand Jury to meet in conference the Board of E 50 that the s investigated, tions be transmitted to | Grand Jury now in session. | Again Superintendent Babcock got in a word, saying that he knew that the chair- man of the Grand Jury Committee on | School Departinent had been wined and dined by one who seemed anxious to in- jure the present board. When the reports of committees were called for, Chairman Hawley of the Com- mittee on Supplies read a report in which he severely criticized the Grand Jury re- port, and cited instances where the state- ments made were erroneous. Mrs. H. A. 8t. John, Mrs. M. H. Cur- rier and Miss L. C. Ryder upon their own request, approved by the Judiciary Com- mittee, were authorized to retire from their | positions as teachers and te avail them- selves of the provisions of the Teachers’ Annuity and Retirement Fund. The Committee on Rules made the fol- lowing recommendations regarding the school terms for 1896, which were adopted: That the first term shall begin on the first Mouday _in January—the 6th inst.—and end on Friday, June5. The second term shall begin on Monday, July 20, and end on Friday, December 18. There shall be a vacation during the third week in March, from the 16th to the 20th, and during the second week in October, from the 5th to the 9th. The Committee on Classification ren- dered a report recommending that Director Henderson’s plan for the reorganization of the Normal School be not carried out dur- ing the present term, but on the motion of the author of the measure the matter was referred to a committee of the whole for further consideration. A resolution offered by Director Carew, providing that when it shall become neces- sary for a principal to suspend a pupil for any reason said pupil shall not be re- instated without the consent of the prin- cipal, together with that of the Superin- tendent, was adopted. The recommendation of the Committee on Classification that Mrs. Margaret B. Cooper be appointed a substitute teacher of cooking to fill any vacancies that may occur by absence of regular teachers, and | to receive compensation only when actually employed, was adopted. President Dodge reported that the com- mittees for the ensuing year would be as | follows: Finance—Iawley, Murdock, Barrett. Classification—Murdock. Clinton, McElroy, Hawley, Carew, Barrett. Rules—Knox, Comte, Henderson, Buildings and Grounds—Henderson, Mc- Elroy, Ambrose. Salaries—Carew, Knox, Henderson. Supplies—Scott, Murdock, Clinton. JIndiciary—Comte, Knox, Carew. Printing—Barrett, Hawley, Comte, 3 s—McLlroy, Hawley, Ambrose, g—Ambrose, Barrett, Scott. LA BUE STILL FIGHFING Another Prickly Affidavit Filed Before Judge Mc- Kenna. - e secretary of the il Railroad Commissioners Wish to Intro- duce the Congressional Com- mittee’s Report. One short affidavit made by Railroad Commissioner H. M. La Rue was intro- duced yesterday before Judge McKenna in the injuncticn suit of the Southern Pacific Railroad Company against the Railroad Commissioners. It is but a minor docu- ment among five scores of larger ones with which the defendants intend bombarding the enemy. Still, it was objected to as irrelevant, immaterial and not made up of necessary facts to entitle it to. considera- tion. It took the entire day, barring a short time waile a few witnesses were heard, for ex-Judge Hayne to lay a foundation before the court on which he may this morning build up authorities to satisfy his Honor that not only this butall the other affi- davits presented the day previous should be entertained. Judge McKenna appears to be in terror of having to listen to the reading of the voluminous documents, and before he de- cides on the question of their admissibility he insists that the material points why they should be read to him be fully ex- plained. . Should Mr. Hayne gain his point it will entail the admission as evidence of the twenty-six volumes of the report of the Committee on Pacific and Other Aided Roads. This will place on record the sworn testimony of the late Senator Stan- ford, Charles Crocker, A. N. Towne and Messrs. Stubbs, Miller, Gage, C. P. Hunt-' ington, M. D. Boruck, D. O. Mills, A. A. Cohen and many others. It will likewise furnish evidence that the bonded indebted- ness of the railroad company has been greatly inflated, and that past and defunct boards of Railroad Commissions have been working as against the interests of the public. 2 Mr. Hayne managed to be permitted to introduce a number of witnesses to estab- lish the admissibility of the public doca- ment by proving the depositions made before the Congressional committee by those people who made them and who are still aiive. 3 Attorney Bergin, J. C. Stubbsand F. S. | Douty each told his tale of being examined by the Congressional committee, and that | the report filed with Congress was correct. The evidence was admitted, notwiti standing Autorney Herrin’s objection that | the facts which were shown in 1387 were not pertinent to the suit dealing with the | facts now existing. | The gist of meifiidnvit at present under | fire reads as follows: . o | Affiant deposes and seys, upon_his informa- | tionand belier, in the year 1987-88 a commitiee, under an act of Congress, consisting of Messrs. | Pattison, Anderson and Littler, to investigate | the aflairs of the raiiroads known as the Pacitic railroads, duly organized and held sessions in | the City and County of San Francisco persuant | to said act of Congress, at various offices of said | Central Pacific Railroad and the Southern Pacific Company, ineluding the president and members of the board of directors of said com pany and the heads of departments of the said | companies. The complainant herein appeared | before said commission and testified under oath, | and that their testimony was reduced to writ-| ingana signed by them respectively,and by the | 4 President of the United States transmitted to Washington, and are now among the archives of Congress and of the Government of the United States; that said testimony was printed | under the authority ot the Government of the United States, and that the books herewith Bres(‘umdlothe court in this cause, to wit Volumes 2 to 8 of Senate executive documents, | first session, Fiitieth Congress, 1887-88, con- | tained true copies of the testimony and deposi tions so deposited in the archives of the G ernment at Washington; that at the sessions of said commission the complainant herein was represented by counsel, and that the te timony aforesaid was voluntarily given by the saia officers of said companies in their official | capacity and wes on behall of the com- | plainant herein; that the testimony of | C. P. Huntington, who was then vice-president | of the complainant, was given before said commission in the same manner above stated at the session of said comm n made | &t Washington, and was reduced writing, | signed, disposed of and printed, as above set | set forth; and afliant further says, upon infor- | mation aud belief, that said testimony o | given by said officers of the complainant, so given in their official capacity and on behal | of said complainant, and in the transaction of its business, showed that in the construction of the Central Pacific Railroad great irauds | occurred, and that said construction was westeful and extravagant, and that the said | road could be built now for 70 per cent less | than it then cost, and that large sums of money were umproperly exp by | the officers of said = company a was not accounted for; all of which | £Oes_to increase the bonded indebtedness which is Sought to be made a basis of the ac- tion of the court in this cause; and that said testimony also explained the relations of | said yarious companies to each other, and the | relations of the various officers to said com- | anies and to each other, and showed the al- | eged leases, mentioned in the bill of complaint | herein, weré mere pretended leases, and were | not designed or intended to_have any force or | effect, and also tends to show improper in- | fluences used by the officers of said com- pany upon previous boards of the Rail- way Commissioners of California; and | affiant further says, that to the best of his | knowledge, information and pelief, the said | testimony going to show said and other facts | important to be heard on behaif of the defend- this cause, wre true and correct, and | that affiant has no other means of presenting the same to this court, except through said testimony presented s aforesaid; that Leland Stanford, then presidentof said company, and | Charles Crocker, one of the directors of said company. and A. N. Towne, one of the he of departments of said compiainant, who te: fied ou behalf of said company, &s aforesaid, are now dead. and that C. P. Huntington, then vice-president of said complainant, is now out | of the jurisdiction of this court. { And’affiant further says that the said Com- | oners made & majority and minority report in writing of their proceedings under the act | of Congress, and transmitted the said re together with the said testimony, to the Pres dentof the United States, and ihat the Pre dent of the United States transmitted the sai. report, testimony and depositions to the Con- gress of the United States, accompanied with=a message from himself, as President, to said Congress concerning these reports and pro ceeaings, and the copies of all the same are | rinted and contained in the volume aforesaid | erewith presented to the court. | H. M. LA Ru Subscribed and sworn to before me this Sth day of January, 1896. i JAMES L. KING, Notary Public in and for the City and County of San Francisco. i The case will be resumed this morning, but on account of the number of attorneys interested in the proceedings having to at- tend the funeral ceremonies of the late J. V. Coleman in Oakland, court will adjourn at the noon hour. Only Bills Were Audited. At the regular meeting of the Railroad Commission yesterday afternoon the only business transacted was the auditing of bills for current expenses BOXERS AND WRESTLERS, | Olympic Club Entertainment—Sharkey ‘Wants to Fight in Texas. | The special boxing matches which were | arranged a few weeksago by the athietic | committee of the Olympic Club will be | held this evening and it is expected that the young men who will miss and hit in their endeavors to win bandsome prizes will give good account of themselves. Fol- | lowing the fisticuffs a few wrestling bouts between clever amateurs will wind up the evening’s sport. 1 Tom Sharkey, the pugilist, is getting himself in good condition by taking plenty | of road exercise. He telegraphed Dan Stewart nt Dallas, Tex., yesterday that in case the fistic carnival managers were short of talent he (Sharkey) would fight either Billy Woods or Ed Smith of Den- ver, or George Godfrey of Boston, provided that he be givena few weeks’ notice to train for the contest. The mill between Fitzsimmons and Maher is booked to take nlace at El Paso about the middle of February. CHARGED WITH BIGAMY. While Separated From His Wife, Fred- erick O. Hensley Entered Into a Contract Marriage. Frederick C. Hensley, a bookkeeper liv- ing at 107 Taylor street, was arrested yes- terday on a warrant charging him with bigamy. The complaining witness is Margaret Hensley, 2513 McAllister street, wife of the defendant. ————ie Aniline blue dyve was discovered ana used in cotton-making in 1861. NEW TO-DAY. FAILING MANHOOD General and Nervous Debility, Weakness of Body and Mind, Effects of érr:rs g’ronExcua% bm: Oki o ng. Robust, N Manhood full m!Rtstoge(lQ. How to Enlarge and St:mgthen Weak, U 0 ped Portions of Body. _Absolutely un- failing Home Treatment. 1\ —Benefits in a day. Men testify from 50 States and Foreign Countries. " Send for Descriptive Book, ex~ planation and proofs, mailed (sealed) free. ERIE MEDICAL ©0., Buffalo, N. Y. | remedy. Thtg extra: juvenator s Falling Sene :vh° dmoflt1 sations, Nerv- vonderfu oustwitching discovery of of the eyes the age. 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