The San Francisco Call. Newspaper, January 18, 1896, Page 11

THE SAN FRANCISCO CALL, SATURDAY, JANUARY 18, 1896. 11 rizht to hunt on swamp lands;, and ineach case the courts have decided in favor of the Sportsman as against the preserve clubs. But the end is not yet, for the members of the so-called preserve clubs are wealthy men Who have voluntarily assessed themselves large sums of money to still further harass and annoy the sportsmen of limited mesns in the court Now then, it is therefore the prope every individual who inauguration of an En; clubsin this glorious join the Sportsmen’s Prote Euch other kindred orgar formed throughout thi Steps are not taken t0 0 Eystem of preserve clu Ty short time me for > to the If immed e this pernicious sar that within wealthy will for 1 am creditably in- now in process of for- ¢s of wealihy men who wrshes in Alameda, »sta connties, should the e courts be decided in s clubs. Such being the nity of action smong erica should be icans, and no English rated. The action b which has adopted hern Pacific of Ken- or the lews of the t it can break the laws ves who is the ve Club or the ia. Very respeetiully LL1 J. AHERN, 's Protective Association. A representative of a Novato marsh k-shooting club sends the following for ere nre intend Sonoma & case as it - sportsmen is good o F larry Hammond and the Sta- st Sunday seven ducks as the result of »is no telling how many ged if Belcher and Ham- : to locate their “blind: it was they became lost in v Belcher going in om which Hammond t the birds ds yed. The Meri- about _one mile heir house, has been - ponds on their preserye lately, but nks it will not hurt the shooting on uch, &nd if anything, a good chande at some Of the we seated recent exchange,” say f New York, “an arti- on the fact that promi hide their id behind th 1e exchange oters h : mes. es on to of sport ¢ it known or else ashamed to have it known that he indulges in the spc The Life goes o n why some trap-shooters h. sumed names, and t identity under as- : explanation must -shooters of this i weekly papers. THE excepted, as its sporting es himself on the fact of having such a big object as an Oaklana at on ions; but that ation of time and excusable. t we can giv y not be very clear, but nevertheless there are very sons for some shooters using an The first of these reasons that some men have, that they hold. Take, for e case of a reporter or editor >oting paper. e may not féel up his good scores under his for fear some one will think him Another and very important son isthat of business connecti oW e whe vs were th at 1e traps—and these were rather few—was top shooting because of the en to hi assumed name, as reporters wouid take special pains to give his cor- rect name in each instance, and it caused h trouble in getting 1 L pigeons that h tinue the sport. v, Macalester and are men of leisure y be affected by the »f their shooting.” ia Delta of the 14th inst. says: s filed in Judge Holder's Dave Carter of Three of the game laws, Carter came e of ased to know that we ho is determined to see Geme Warden Weaver thful manmer in vidence in case gone to trial, cient td secure e beginning of the war. will follow as soon € can be secured. t ll-known set- necessery evidence s saie to predict that deer meat provisions of enforced in r meat, are to be rig ST R THE OARSMEN. Investigating the Standing of Ama- teurs—The Arlels’ High Jinks. The oarsmen are smarting under the investigation to be made shortly by the Pacific Athletic Association in re- gard to professionals and diligent ing up their prizes won in the Stockton, Sacramento and El Campo regattas; for every one who competed in these regattas | must produce his prize or be clas professional. S The association has several names on its list to investigate, and if the men are proven professionals some of the favorite oarsmen will be relegated to the ranks of the *‘has beens,”” for there is no profes- sional rowing nowadays. Several of the oarsmen who suspect their names to be on the investigating commit- tee'’s list say that if disbarred from ama- teur contests they will make every entry in future races, and court an investigation as to their amateur standing before enter- ing a contest. This move of the association is meeting with disfavor in local boating circles, as rules in regard to boat-racing have not been strictly enforced heretofore and many have unconsciously overstepped the bounds, . Some of the clubs express the opinion that the athletic clubs bave too much say in the association and that rowing is not given the same prospectus as the other sports in the way of advancement. : The Alameda Boat Club coincides with the Ariel Boat Club in regard to the sev- eral clubs joining the National Rowing Association’ of America, as this organiza- tion deals directly with boat rowing. All preparations for the Ariel Club’s high jinks to-morrow are complete, and to lend zest to the occasion an inter-club re- gatta will be held, weather permitting. Races will be called at 11 A. M., and the following have entered: Outrigger skiffs— J. R. Bockman, J. Coughlin, E. Flanders, H. Stevenson, R. Ellis and H. Pless. Pair- oared shell—George T. McGinniss, the stler, and J. gchulifi against N.J. Prendergast and J. Nolan. In addition to these tnere will be a barge race between two selected crews and a single scull race &gainst time by D. J. Sheean. _ Theofticers will be: Referee, J. Nyland; {udges, W. A. McGnil, Walter' Blake and ‘HT\: Howe; timekeepers, L. Stevenson and N. Eorj inright. The !1011)§|ins held a whitehall and swimming race at North Beach last Sun- day. R. Givannini beat A. Austinin the whitehallsand Peter yon Hadelen defeated Adam Schupper in the swimming match. | will be held on Sunday, the 26th, instead of to- George Bullivan, lote of the Pioneer Club, | worrow, &8 previously aguounced. visited the latters’ clubhouse, | 1 ,and returned Mon- | ponds were that they | age trap- | d by modesty | y aware of the | s of the_ sporting editors | even when | was | Men | * | be the match between J. Harlow, the coast hunt- | J | bas joined the Dolphins, along with J. G. | Earls and J. Cashin. | A handsome hand-carved sign, emblem- atic of the Doiphin Club, has been pre- | sented to the club by J. and W. Laib, who have just become members. The ladies’ crew of the Pioneer Rowing | Club were the attraction of all eyes, as | they rowed along the front last Sunday 1n a racing barge. They were entirely with- | out chaperons and were saluted by tugs and steamers and cheered by the crowds | on the wharvesas they passed by. They | rowed around the cruiser Boston, and the | | stars and stripes were dipped in their | honor. The members of the crew are: | Miss ,Alice Brennan, stroke; Miss May | | Kenny, afterwaist; Miss Rose Callovy, | | forwardwaist; Miss Hattie Cailopy, bow, | | and Miss Lilly Dwver, cockswain. | | working in conjunction with the Univer- | | sity in regard to the style of racing shell | | tobe built, as their intentions are to have | boats built exactly alike. | The installation of officers in the South End Club on the 14th inst. was made the | occasion of a high jinks, and the club | races resulted as follows: Whitehalls—Dan Connoly beat Joe Myland, and Jim Fickett | and Charles Cutter, who rowed a dead | heat, will row it off to-morrow. : | Barges—E. Scully. Jim_Fickett, Ed Pal- | 1as and Charles Cutter defeated J. Maho- | ney, W. Tobin, A.O'Gara and E. Foley. As the latter race was won on a foul a re- | turn match is desired by the defeated crew. The club's four-oared shell met with a mis- hap last Sund As the craft was enter- ing the boat siip Duplissea turned around | suddenly and_precipitated the crew into | the water. The boat was slightly dam- aged. Its occupants were: F. Duplissea, bow Fitzgerald, No. 2; Ed Slattery, | No. 8; Al Fritz, stroke. : A handball tournament will be held at he Olvmpic Club by members of the outh End Club. John O’Gara was elected chairman of the board of trustees, W, F. Humphreys having resigned. Charles Cutter, a prominent member of the Olympic Club, is now considered one of the South £nd’s best oarsmen. The South End boathouse will, in all probability, have to be moved, 'as_the ‘alley road_ has already commenced driv- ing piles in Mission Bay. It is the intention of the club to move to Oakland Creek, and to do this the house wnlbbo placed on a berge and towed across | the bay. The Oriels, the youngest boating organ- ization on the coast, have had a damper cast over their boating enthusiasm. | The little fellows, who were at times club cockswains, have been paying for a barge owned by a party at Tiburon, but have just learned that the boat was demoralized by the recent southeaster. he crew was composed of James Law- less, stroke: William Scanlon, afterwaist; | George MeDermott, forwardwaist, and D. Crowley, bow. —_—— THE NATIONAL CLUB. {An Association for the Advance- ment of Physical Culture. A new athletic club has been formed which will be known as the National Club | of Physical Culture. J. Ross Jackson is the president and under his watchful eye and able manage- ment the new athletic organization should flourish. The Mayor has given the Na- tional Club permission to hold boxing con- | tests not to exceed eight rounds in con- junction with other kinds of indoor sport, such as wrestling, gymnastics, fencing, etc. | The first entertainment will be given on | | the evening of January 31 at some hall yet to be named, possibly the Auditorium, and the proceeds of the entertainment will be handed over to the mariagers of | | the Children’s Hospital. It was stated | last evening that an endeavor will be made | to-day to match Danny Needham and George Green for an eight-round contest, to be decided on the evening in question. | —_— THE SWORDSMEN. Sergeant Owen Davls Has Accepted the Challenge of Ivan Malchin. In answertovan Malchin’s letter, which appeared in THE CALL of Wednesday last, | Sergeant Owen Davis of the Presidio, sends the following reply, which speaks for it- self: n c1sco, Jan. 17, an Francisco Ca v publish in your paper the challenge issued by C. B. ns on_benalf of Ivan Malchin, the Ru: | champion swordsman, end [ will be at your office to-morrow, January 18, at 5 o'clock, . M., to name time and place of meeting; aiso 1o deposit with you $250. Trusting Mr. Solms, or Ivan Malchin, will also be present fully pre- pared, I remein, sincerely yours, EANT OWEN DAvIs. e HANDBALL. | San Francisco and Occidental Court Players WIIl Contest. The handball games that will take place | at P. Ryan’s San Francisco ball court to- | morrow are: P. Ryan and J. Rodgers vs. G. McDonald and M. McNeil; J. McDermott and_D. Finnigan vs. D. Connolly and R. Shea; J. Nelson and J | Prendergast vs. P. Keily and J. Slattery; W Williams and J. Lawless vs. M. Dillon and G. | Hutchinson. The final game of the day will To Sporting Ed. Will you kind acceptance of 8n champion, and Al Pennoyer of the 8an Fran- | cisco court against P. Donnelly, the amateur | ehampion, and T. F. Bonnett of tue Occidental | court. SE N Coursing. The following are the greyhounds en- tered for Sunday’s coursing: John Kerrigan’s Lord Clifton vs. D. Tweedie's Dublin Stout, T. Butler’s Faster and Faster vs. John Kerrigan’s St. Lawrence, F.C. Randolph’s Trix vs. J.Quane’s Captain Morse, J. Byrnes' Mohawk vs. D. Dunlea’s Sweeper, D. Tweedie's | White Rustic vs. Bay Farm kenmnel’s Mission Boy, Richmond kenuel’s Richmond Boy vs. J. | J. Edmunas’ Hercules, J. J. Edmunds’ Valley Queen vs. Richmond kennel’s Longfellow, | J.J. Edmunds’ Vida Shaw vs. C. Evans’ Dash’ away. Puppy stake—T. Moore’s Monitor vs. Sunrise | kennel’s Jenny Lind, M. O’Connor’s Marguer- ite vs. M. Welsh’s Topsy, T. Walton’s Bob-| | olink vs. J. Byrnes' Seminole, A. Merrill's Tommy Hall vs. J. Byrnes’ Mohawk, W. Ram- | sell's Nelly C vs. P, McKane’s Flambo. A telegram that was received last even- | ing from the Sacramento Coursing Club | stated that the finish of last Sunday’s | meeting has been postponed in conse- quence of the wet weather. Nominations for the next meeting, which will be held at Newark Park on the 26th inst., will take piace on Friday evening, tire 24th inst. THE GRAND JURY. A Long Session and Conference With District Attorney Barnes—Cano and the Jurors. The Grand Jury held a regular session yesterday afternoon. Only one juror of | the nineteen was absent. The session lasted for nearly three hours, and during much of the time District Attorney Barnes was in the room advising the jurors or giv- ing them suen information as they desired. Itis known that many communications were read and discussed, but it was as- serted by several persons that no partic- ulerline of investigation had been a opted. Enrico Cano was called to the jury-room and remained a short time. ];ie was be- fore the Grand Jury of which Oliver Eld- ridge was foreman, but did not convince that body that his case demanded investi- gation, Mr. Cano entertains the belief that a conspiracy has been formed to in- jure his business and Elue his life in peril. @ is possessed with the notion that among the conspirators are certain éewelsn who are bent on destroying his trade with Cen- tral American and Mexican purchasers of jewelrv. He says that he was assaulted at the Occidental Hotel, badly bruised and. battered and then arrested for disturbing the peace. He says that an evening paper, which published some time since an elab- orate story of Jake Rudolph’s career, ran & picture of himself to illustrate the story. ——————— 1. 0. B. B. Grand Lodge. The session of the Grand Lodge, 1. 0. 0. B., | sarily be followed by others. A NEW PRACTICE TRACK. The Pacific Coast Jockey As- sociation Improves Its Track. A JUDGE’S UNBIASED OPINION. | The Olympic Club boating annex is|He Says Ingleside Is Destined to Be One of the Finest Racecourses in America. The Pacific Coast Jockey Club, in line with its policy and desire to elevate and know anything about horses realize the necessity of this. “Another thing not to be forgotten is the fact that the practice track has a sand | surface and will not get muddy in bad | weather and will only require rolling after each race to put it in condition ?or the next. There will be no splashing of weather slop and things wilf be a great | deal cleaner. While touching on this matter it might be well to illustrate how substantial the main track is in sloppy weather. - “This week, for instance, we have had several days of very muddy racing, yet in the face of it all the horses’ hoofs could be distinctly heard striking the hard and solid surface clear over on .the back- stretch. The thump, thump, thump of flying feet was audible clear over to the grand stand. To be sure there was a thin sheet of mud over it all, but this illustra- tion serves to show that there wasa solid foundation under it notwithstanding the severe cutting up that always occurs dur- ing the rainy season. The practice track will lessen this condition of things and im- mediately the track gets thick the horses can go on the practice track at a moment’s notice. very much impressed with the whole affeir. “It may not be generally admitted by old Californians, but it is nevertheless true, that horseracing is in its infancy on this coast, and is yet to see a stimulus that will not oniv amaze the old residents but greatly delight the devotees.of the sport. Already it is taking hold of people who never believed that a horserace was any- thing other than a hippodrome, but square dealing and reputable men at the bead of such a venture will always win out to the satisfaction of everybody. 3 ‘“‘People ask whether or not the track is on & paying basis. It would seem so from the way they are putting up improve- ments, and pushing every possible advan- tage to the front that may arise from per- fecting the track and its contiguous at- tractions. The stables are the finest that can be built for the purpose, and we all know that every modern convenience can be found there. “This meeting wiil close for two weeks on Wednesday next, and the Barv District meet will open for two weeks. think it is safe to say that when Ingleside comes in again the practice track will be ready for use, and if it ever comes to the VALLEY ROAD'S PETITON, To Ask the Supreme Court to Reconsider a Plea for a Right of Way. FRANCHISE THROUGH FRESNO. Points of the Case Rendering the Man- damus as Prayed for Equitable Under the Law. " E. F. Preston, attorney for the San Fran- cisco and San Joaquin Valley Ruilway 5 \/ W.S. LEAKE . SOME HENRY . J. CROCKER' OF THE LEADING SPIRITS 1 N THE NEW RACING ENTERPRISE. improve horseracing on this coast, has al- most completed its magnificent practice track at the Ingleside course. At a glance the full meaning of the term ‘‘practice track” conveys nothing unusual, | but those who understand its value and utility are frank to admit that its intro- duction in the West was a master stroke in the interests and future of horseracing. It is the first to be constructed in this section of the country and must neces- No track to- day is complete without its practice track as a side issue and none are more bene- fited by it than the horsemen. One of the judges of the Pacific Coast Association, a gentleman whose horse sense and horse knowledge are recognized by all men who understand the ins and outs of the business, said in a conversa- tion yesterday: “I have traveled all over America and bave spent most of my time around the ratetracks. But in the many years that I have been engaged in that occupation I have never seen a track so capable of abso- lute perfection as the Ingleside track. Its drainage is simply perfect and the direc- toraand president, Mr. Spreckels, appear to be desirous of making it the paragon course west of Chicago. When I first came here there was nothing but a stretch of low hifls and gulches where the track now rests, but to-day itis in condition to justify the appearance of the best horsesin Amer- ica on its level. We all know how the m ovement was started and but few people in this City have failed to visit the result. A small army of employes have been at work there and over 150 men afe still em- ployed on the ground. They are not at work on the main track, for that is com- pleted and is a credit to the coast, but they are occupied in completing the practice track. ‘A practice track, you must understand, serves many purposes that are not implied in its title: First of all it is principally for what its name suggests and is invalua- ble for horsemen to train their animals on, particularly because it at no time inter- feres with the main track. Nomatter how much racing is going on in the outside course, the inside road is free from any programme that interferes with training. Forinstance, I will illustrate: If tne reg- ular events of the day are being dispused of and a jockey wants to exercise his horse, he must wait until the track is clear, that is providing there is but one track, and his hours for exercising are necessarily limited. On the other hand, when a practice track is a part of the features of the club, the jockeys and trainers can go right on working their horses all they please without interfering with the prepared races, This in itself is one of the principal advantages to be derived from a practice track, and the owners of runners in consequence hail the appearance of this particular track with unbounded satisfaction. “Now, that is not all. There area great many things to be reckoned in this in- stance nndgl would not be surprised even then if I have forgotien something. Sup- pose, for instance, the weather is bad and considerable rain has fallen, the main track will become muddy or heavy, as the horsemen term it, and the practice track is then utilized as a temporary substitute, during which time the main track answers all practicing purposes and the horsemen go right on without interruption trainin and exercising their animals. Thus it wi be seen that both tracks perform a double function. Owners of horses are the first to profit by this :mni‘ement, as it per- + mits them to keep their horses in the very best pbysical condition, and all men who “All around between the two tracks is | deep drain and water will run off readily, It required a great deal of material in the shape of earth and rocks to fill in the gul- lies and instead of using the inside fence | of the outer track to serve as the outside fence of the inner track, separate fences have been constructed and the effect is very satisfactory to the eye. “There is no other sight to equal it on any track on this coast. It is,in a few | words, the finishing stroke to one of the finest racetracks in America, and no horse- | man who appreciates such things will fail to acknowledge it. It is in every way a | convenience, and is the greatest possible boon to the animal. They wiil be under absolutely no restrictions now, and every- thing will move along in a most sys- tematic manner. You ask me what the expense of such a track will be. Ido not know the exact figures, but it isin the neighborhood of $50,000. Remember, there isa vast amount of lumber in the two fences, to say nothing of the expense of getting in the dirtand the foundation. It must be on ‘the same level with the big track, and it simply means going over the ground again on a smaller scale. *‘I should estimate the practice track at about seven-eighths of a mile in circum- ference and about 60 Teet wide. Aside from the sand surface, to be used particularly during wet weather, it is made the same as the outside track, and a careful survey ;vns]gone through with to give it the same evel.” “What will be done with the interior of the inclosure after the practice track is completed 2"’ was asked. “I believe it is the intention of the directors to fill that in also and convert it into a polo ground for the members of the club. A handsome clubhouse will be erected on the ocean side of the grand | stand and every modern: convenience will be on hand to add to the comfort of the members. It is Embnble that a bridge will extend from the grand stand to tge clubhouse for the more convenient passage of the members. ““‘The more I see of the Ingleside track the more thoroughly convinced I am that it is one of the best we havein the country. The location is admirable,and the average weather of California is far better than that of any other part of America. While this grand stand we have here is not the largest in the country, it is so arranged that the 6000 people seated there can see every inch of the track without incon- venience. Aside from the seating capa- city, there is standing-room for hali as many more. The whole building is a most_symmetrical structure and its sur- roundings are in keeping with the entire arrangement. “I am of the belief that when the polo grounds are completed and the clubhouse 18 erected the finishing touches will result in the final completion of one of the most picturesque tracks” for racing and athletic purposes that bas ever been con- structed in the United States. All of the features that have been the attraction so far will be enlarged and improved upon and the benefit will be tenfold to the asso- ciation. “‘Ladies’ day has become a fixture and| is already a society event. The high moral tone of the races and the realization that the love of horses and speed is worthy of cultivation has made it possible to keep up the approval of the better class of citi- zens who appretiate the good that such an enterprise 1s to the State of California and the coast generally. The men at the head of the club are too well known here in the West to need any laudation at my hands. The fact that they have carried out their promises and given California the best races she has ever had is sufficient to com- mend the gentlemen to the further confi- dence of the people of this State. I speak as one who is not a resident of California | come here for the purpose of seeing and appreciating the races beld bere and Iam and am thoroughly unbiased. I bhave k proposition it will be possible to run double races, but I think myself thattne good lively race is about all a crowd of peo- ple care to watch at atime. Mark my words, Ingleside is destined to be a gigantic affair and the time is not far away.” VTHLETES UNDER 0iTH Amateur Players Must Make Affidavits That They Are Genuine. The Pacific Association to Make an Investigation Into Prominent Clubs. The investigation committee of the Pacitic Amateur Athletic Association of the American Union met last night in the Olympic Club and began an examination which athletes have declared may cause a rumpus the like of which wasnever before experienced in amateur athletic circles. Members of the committee said they meant business, and that might be con- strued to mean that no influence or social standing of amateur athletes could affect the attitude of the committee toward men who had violated association rules and thus passed into the professional class, The committee consists of John Elliott, Olympics; W. R. Berry, Reliance; N. F. Humphreys, South End Rowing Club; and W. F. Jaunet, St. Mary’s College. These censors, for such they really are, met to formulate a plan of action looking toward the investigation of amateur athletes and amateur teams suspected of having violated rules restricting araateurs. After a long discussion it was decided to summon thirty-two amateur athletes, managers of the University of California, Reliance and Olympic football teams, Olympic Baseball Club and class A and class g wheelmen, who are about to enter the proposed baseball club, to appear before t{;e committee Tuesday night and virtually show cause whf{ they should not be adjudzed professionals and so thrown out of the Amateur Athletic Assocation of the American Union. q A notary public will be present Tuesday night and each member subpenaed to appear shall on that occasion make affi- dayvit that he did not violate the amateur rules, and if unable to account satisfac- torily for his contests in the year 1395 he shall be declared a professional athlete. Class A and class B wheelmen are about to enter in ball games, and as the commit- tee regard class B men as professionals it will declare class A men who compete with them professionals also. By this action the A men will lose their standing in the League of American Wheelmen, which will support the local association in regard to classification of amateur and professional athletes. e .+ Kohn Sues Braverman. As a sequel to the Braverman failure comes a suit by Isaach. Kohn to foreclose on a mort- gage for $13,200 which he holds on aloton Eddy street, near Octavia, belonging to Louis Braverman. Kohn charges that the Braver- man failure had for its only purpose the de- preciation of his mortgage securities in order that Braverman may evade the mortgage, and his suit follows as & result. Cuvier is authority for the statement that the life of a whale may extend over a period exceeding 1000 years. | Company, will file with: the Supreme Court to-day a petition for a rehearing in the railroad’s request that the Board of Trustees of the city of Fresno be con- strained to act in the matter of granting the new road a right of way along Q street in that city. The original petition was returned by | the Supreme Court last Saturday with the single indorsement, “writ denied,” and the renewed attempt is an elaboration of every point made in the original, together with an explanation of the act of 1893 and a statement of the only remedy open to the petitioners. In substance the statute of 1893 provides for the sale of railroad and other fran- chises in municipalities to the highest bidder after the particular course of the proposed line through the incorporated town has been duly advertised. First—The Valley road maintains that the act does not apply to steam railroad corporations, but that it is designed to regulate the granting of franchises to street railways; this particular right of way for a steam railroad is only & link in the great matter for competitive bidding as in the case of a franchise for the privilege of op- erating a streetcar system. Second—It is claimed that the act is un- constitutional because, contrary to the constitution of the State of California, it embraces in its title more than one sub- ject: “An act to provide for the sale of railroad and other franchises in munici- palities and relative to the granting of franchises.” The intent of the constitu- tional provision is to prevent the union in one set of incongruous matters and busi- ness having no connection nor relation. Mandamus is declared to be the proper remedy in the premises on the ground that the Board of Trustees of the city of Fresnoisa Eublic body; that a steam Tail- road is a public use, and that consequently, according to one oi many similar authori- ties, “When a public body or officer has been clothied by statute with power to do an act which concerns the publicinterest or the rights of third persons, the execution of the power may be insisted upon as a duty, ‘though the phraseology of the statutes be permissive merely and not peremptory.” The petition during the elaboration of its case says: A steam railroad asks permission to use cer- bids, and John Doe, who has never made any application, is thé highest bidder, and the board grants him a franchise. When does the z}?\icunon of this railroad receive any con- sideration whatever? What becomes of the rights flowing to the company by virtue of its franchise obtained by its organization under and its compliance with the general laws of the State relating to raiiroad corporations ? What other remedy has this petitioner but mandamus? 1f it fail by reason of not being the highest bidder how can it get across any road, or series of roads or streets? In thisview it is not absurd to say that when such aroadas a part of its system locates its line “along or upon” a road in a county, or a street in & city, it can proceed no farther with its construction nnless it happen to succeed in placing the highest tender for the privilege with the goy- erning boerd or council. None other than the promoters of the main line could make a bona fide bid. The system Detween its termini being n entirety, both by constitution and statnte, how can it _be put u for sale upon competition in small parcels? Imagine being required to be the suceessul bidder for each seperate privilege, no matter how small or how necessary, particnlarly when there can be no bidder except a corpora- tion duly qualified under the general law to exercise the franchise of 8 steam road. The power to operate a steam road and to charge and collect tolls in the character of charges for freights and faresis a frenchise, -‘nd can be only exercised by qualified corpora- tions. E. F. Preston, when seen last night, said; *'I cannot tell what the cause of the course of the Valley road, and cannot be a | { { tain publie streets. The board advertises for | denial - of the original petition was. My present course is necessarily one in the dark on that account. re I did not touch upon the act of 1893, as I con- sidered that a matter for argument, but in the more eiaborate petition I have dis- cussed that subject. 5 “The people of Q street might combine and bid against us or the Southern Pacific might bid, but I have no fear of that. We would be placed in a position in which we would not know how much to bid. “*The idea is that if we are subjected to this act in one case we will be put to the bazard everywhere else, not only in \.roslx , but 1 Merced, and, I think,in No rights of way through inco: town ve been asked for sage of this act, and consequently we have no decisions to guide us.” WARWICK WESTON DEAD. An Eminent Underwriter Passes Away and 1s Buried at S News was received in th day of the death of general manacer of Weston, Zealand Insurance Company, on the steamer Rome while on his way to India. It was a great surprise to Hugh Craig, who is general manager of the company’s United States business, and to several of the local under- writers who were intimate friends of the deceased. The dispatch announcing Mr. Weston’s death was rather meager of details, as it stated only that he had died December 11 near Colombo, and was buried at sea. Mr. Weston was well known in San Francisco, having ted this City repeatediy and at frequent intervals fora quarter of & century. He was regarded as an eminent wuthority en fire and marine insurance as well as a successinl under- writer. It has been said of bim by local underwriters that he was timate with risks in San Francisco as in Calcutta or Auckland, and all this special knowledge he carried in his brain. He made a complete circ every other year to exaini the various agencies of his ¢ through that means became ia: insurance affairs in different counties—a wledze possessed in such full means, so itis said, by no other man. During his to San Francisco his pleasant person- endeared him to a number of nderwriters, club men and ity. ality insurance members of the mercantile commun Mr. Weston was about 60 vears of and a native of England. He was general manager of his company for thirty years. SWAN IS GROWING POOR, He Says His Business Brings Him but $500 a Month. Unpaid Alimony and Unpaid Interest Make Him a Defendant in Court. There was a good part of yesterday's session of Department 3 of the Supe- rier Court taken up when Jabez Swan, the ex-Railroad Commission- er, was on the rack. His ex-wifa was suing to have him compelled to live up to an alimony contract or go to jail for contempt of court. When on October9, 189 Swan upon a cross-complaint secured a divorce on the ground of cruelyy Swan signed an agree- ment by which he was bound to pay $200a month alimony, $21 a month interest on a $3600 mortgage until May 10, 1895, and then the mortgage itself. He kept up his payments until April of last year and then he dropped to $30 a week with no interest. Then wien the time came around he did not pay the mortgage. He was cited to appear under a compre- hensive ‘‘order to show cause,”” and he ap- peared yesterday. He told a tale of woe seldom equaled. The clothes he had on bis back had been worn for six months, he said, but an equal time must elapse before he could purchase more. The shoes he had were weather- beaten and almost in fragments, but he said he had no others. Matt Sullivan, Mrs. Swan’s attorney, questioned this statement and also the witness, and he found that Jebez had worn a different pair on Thursday, but had put bis old ones on also gathered, after judicious questions, that Swan’s business was going to the dogs. He used to earn $1000 a month, he said, but that was when he was a Raiiroad vommissioner. Of this sum $250 represented his salary from the com- mission, $250 was what he received from his advertising privileges at the ferries, and $500 he received from his business. But politics changed and cost him $250 a month. Signs were ordered from the ferry depots, and that cost him $250 a month more, and now he and his vartner were struggling along on $500 a month. Of this his partner received 25 per cent. He had paid alimony as long 2s he could, he_said, and to pay more would be to drive him to bankruptey. Sullivan questioned him very clesely, and finally referring to his administration asked him if he had not told his ex- wife that he had received at stated periods goodly sums from the railroad. Mr. Swan said be had not. Then he was askea if he nad married his second wife the day after the divorce. He said no, he had not. On the second day after then. No; that, either. Then on the third ¢ Mr. Swan's wrath grew as he said “No” again; but to the next question he admitted that he found a second wife eight days after his divorce. The case was taken under advisement unti! the court should figure out how much Swan should pa In_the mean- time an execution for $4200, principal and interest, has been issued to protect the $5000 mortgage. NEW TO-DAY. in flavor, uniformily so, made of carefully grown and carefully selected Hg:vana leaf, isthe New ESTRELLA. New crop, in new light colors, and new sizes—a new delight for you if you try ome. 2 for 25,3 for 25¢, and 10c steaight.tot ESBERG, BACHMAN & CO., Wholesalers. B S e e T o = W W W SN VN . WILCOX COMPOUND & ANSYePILLS Safeand SURE. Always reliable. Tal posubstitute. Forsale by alldruggists. §2.00. Sey 4c. for Woman's Safeguard. WILCOX SPECIFIQ €0., 228 SOUTH EIGHTH ST., PHILADA., PA,