The San Francisco Call. Newspaper, January 23, 1896, Page 3

THE SAN FRANCISCO CALL, THURSDAY, JANUARY 23, 1896. 3 NEW ELECTION LAW 15 VOID, Important Decision of a Los Angeles Superior Judge. IT WAS A TEST SUIT. Action to Enjoin the Supervis- ors From Appropriating Money. THE LEGAL AUTHORITIES CITED. An Appeal to Be Taken to the Su- preme Court as Soon as Possible, regulate the compensation of county officers, for whose election or benefit it shall provide.” Whenever it attempts to enact a law for one ormore counties of the State on subjects that it is directed to provide for by general laws or which are to form part of a uniform system for the whole State, whether such counties are designated directly by name or by reference to & class into which they have been placed by other subjects of legislation, it in- fringes these provisions of the constitu- tion. Referring to article 4, section 25, and article 9, sections 4 and 5. Section 25 of arti- cle 44 referred to reads. “The Legislmiure shall not pass local or special laws in any of the tollowing enumerated cases: that is to say, (enumerating thirty-two specific matters, among which is subdivision 9 regulating county and township business, or the election of county or township officers. 2 Subdivision 11 provides for conducting elec- tions or designating places for voting except on the organization of new counties. Subdi- Vvision 28, creating offices or prescribing the powers and duties of officers in counties aud cities, cities and counties, township elections or school districts, and then adding the gen- eral subdivision 33. In all other cases “heae & general law can be made applicable. In ad- dition to these, it is provided in section 11, article 1, that “and all laws of a general na- ture shafl have a uniform operation. In the brief filed by ex-District Attorney Dillon he admits thet the act is general in its nature, but claims that the provisions are well calculated to prevent fraud at primary elec- tions, and he claims that whether the law can be made applicable to other counties than the first and second classes depends upon gues- tions of fact of which the Legislature is the exclusive judge, and that the Legislature exer- cised its judgment in this case. e As sho’\\'ns our Supreme Court differs from the counsel in tnis respect, and the convention in adopting the provision of the constitution referred 1o considered this question whether it was one for courts to determine or the Legis- lature. At the s section in reference tospe- cial leg vas under consideration Dele- McFarland, now one of the Justices of the to_ str out the sion, and said in support Supreme_ Court, thir LOS ANGELES, Cr., Jan. 22.—Judge | Walter Van Dyke of the Superior Court rendered an opinion to-day that the new primary election law was unconstitu- tional and void, The suit was an application brought by Martin Marsh to enjoin the Board of Su- pervisors from approoriating money to carry out the Act. The pealed at once to the Supreme Court. Judge Van Dyke’s opinion is as follows this case al- , 1896, the complaint or i that on the Sth efendants, the Boar sors. passed & ef they would on , proceed to appropriate f fund of sai vide for the carrying o primary election in th gt the pro Neaot last session o known as the s of 1895, pag: on_also January 22, 1 the general v election e the City th avers that San Francisco is the only « 3 t class, and 1 he only cc and that ballot-boxes at the v of more than $1000 rying on said prim- conducting a primary or the provisions than $12,000, a1l of said act, is made & That the pisintiff in said county and n of the court in the alleged illegal appro- n question,are out any further delay it 0 ve the matter at once uested by counseM when the mi K first that prima to constitute political con- of canaidates r be held in to this act, and t conventions to known &< State | members and Rail- entions, . s th for the electio; 1 various loca he yvear 1596, 3 r, shall be held on the second Tues- of July in that year, and the mary elections shall . be # legal_holid State shall issue & prc y and 1 nto that effect. n electors of President and e voted for,a primary elec- gates to a State Convention e National Convention is to be held on the last Tuesday in 25). That during the month of which the general t shall be the duty of Commissioners, and t, of the Board ¥, to select oll names -of not ng in each pre- nt political cable, and 1 pleces of nvelope and the Elee- nd in years wk is to be_he Board of Ele box one person pector, and the m the box persons to actas erk of the board, and these per- ear at the polling r opening the f office as prescribed of holding borrd of election | lar to conducting | cluding canvassing the “when the counting of the ion officersin each ially declare the re- ornish the candidates ificates of election— | ’ clected 1o State conven- county conventions and district conven- | { imary elections for all political parties | zations within the State shall be held &t the same time under the provisions of this ect. Each political party or organization may determine for itself How many district conyen- tions it will hold for nominating its various | candidates, provided all_candidates which are | ected within & given Territory must be nated in the same convention, egates to a State convention may, at the a party, divide themselves into dis- trict conventions to nominate members of | Congress, Boards of Equelization and Railroad Commissioners respectively, or any party may t on clect separate delegates to co y_or all of such district conventions 13 The returns from the precincts are to be canvassed by the County Clerk when he re- ceives them, who thereupon issues certificates tothe delegates of the different conventions ion 16). It provides for the form of ballot onduct of the election, visors are required to appropriate eral funds of the county a suffi- o pay ail necessary expenses of imary election within such An act denounced as an offense by the gen- eral laws coucerning elections in this State is flense in all primary elections and punishable with like penaities (section 20). “No candidate can have his name printed upon any ballot to be voted for as a candidate for public office at any general election in this State until he shall have been nominated by & convention composed of delegates chosen as provided in this act.” The language of the act as well 8s its whole scope and purpose shows that it is general in ts nature. It relates toconventions held for State officers, also district conventions com- »sed * of more than one country, and that candidates cannot be for public offices at general ons in the State unless they have -en nominated as specified in the act, still by ion 26, near the close of the act, itis de- 1 that it shall take effect and be in force counties in the first and second classes. sct_classifying counties, passed Jan- 1895, is based upon the Federal of 1890, and provides that all counties g e population of 200,000 in- provides rted Lal and over shall belong to gud be known as counties of the firsst class, and counties _containin & populetion of 100,000 and under 200, shall belong to and be known as counties of the second class.—Statutes, 1895, p. 1 and 2. The court, therefore, takes notice of the fact thatthe only county of the first class is the City and County of San Francisco, and the only county of thesecond class is the county of Los Angelcs. In Welsh vs. Bramlet, 98 Cal., 219-226, the Supreme Court says: ¢ Legislature nas not the general au- thority 10 enact laws for the counties b; classes, nor is it authorized to make g classifi- cation of counties for any purpose of legisla- 1198, exgept {or the puspose of enabling it to e will be ap-| sufficient | section of for by the | T overnor of this | of his motio Whenever a law is passed {by the Legislature somepody will take itto the Supreme Court tosee whether it is special 0 It is entirely unnecessary We don’t went to provide | and mi B ore constitutional law questions than cly necessary. The courts will have enough to do anyway.” Z Delegate Van Dyké—I agree with the gentle- man that this is & vicious amendment, and I | can see no good purpose that it can subserve; it will always raise the question in court | whether a law could not have been made gen- | Mr. Larkin—It is rather remarkable that h | th two distinguished lawyers should | r an objection to this section. It vould tend to encourage their business. | That section is the most _important | section of this whole provision; it is a true ciple of government, and whenever a | general law can be made applicable & special | Iaw should not be passed. 7 And the convention cencurred in the view of- Mr. Larkin and refused to strike out the hird subdivision. Subsequently the same motion was renewed and after debate in the same line as shown the convention again refused to strike out the sub- division clearly that it was the sense of 1 not only thi it should remain 2 t it should mean and that the courts, in the cases them, should determine the on whether a general law could be made cable in all the counties as well as in one The purpose of the act in question, as claimed, is to_prevent frauds at primary ¢lec- tions and purify the elections, and clearly such beneficial legislation in a general law should have a uniform operation throughout the e. No good reason can be assigned why ) a law should not apply to other counties San Francisco and Los Angeles. Bloss vs. Lewis, 41 P. R. 1081, it was held that a provision in ‘a_county government law at fixes a fee for official services in counties of the third class different from that of other counties, violates the provisions of the consti- tution réquiring laws of a general nature to operate uniformlly and forbidding local or special laws in all cases where a general law | could be made operative. S0 also in Turner vs you County, 42 P.R., 4, it was held that the provision in the county tact ullowing a witness in a cri 1 case before the Superior Court in counties the twenty-eight ciass alone the same per diem and mileage s jurors was void for a like See also Miller vs. Kister, 68 Cal Herman, 75 Mo., 340, Divine vs. 42, Jom- 8 ca; 1 re this court, in refer- ence 1o th Whitney act, it was heid | that a provision providing a mode of criminal procedure in cases in the police court in & certain class of cities, to-wit: Oskland and Los Angeles, was void. That a law ulating criminal procedure was general in ud should have a uniform opera- e case was soon after before the | Sup rt in bank, and in its opinion this | view of that act was apbroved. Inre Fife on babeas corpus. In reference to some cases cited from other States where e different view is held it is doubtless owing to the fact that the provisions | of their constitution differ from those of ours under consideration. At any rate, the ques- tion has been o often passed upon by our S preme Court 8s to remove any doubt on t subject that the so-called primary-election law uncer consideration is unconstitutional and void. The remaining question is whether the in- junction is the proper remedy. In Schumaker vs. Toberman (56 Cal, 508) it was held that every taxpayer in a municipality may properly commence a proceeding to en- join a City Council from doing an act which may result in an addition to the burdens of taxation. The same rule is held to apply in the case of a taxpayer in a county, McCord Pike, 12th N. E. 259; Calton vs. Hanchett, 13th I1L, 616; . Kinneau, 42d 111, 160. The demurrer to the complaint will be overruled and the in- junction will issue as prayed for, on giving the usual undertaking. LIVERMORE LEAGUE OF PROGRESS. Through lts Influence Arrangements Are Being Made for a $5000 Creamery. LIVERMORE, CarL., Jan. 22.—The Liv- ermore League of Progress held its regular meeting last night. The attendance was large and enthusiastic. The advisability of establishing a creamery at this place was fully discussed, with the result that a meeting of the farmers has been called for Saturday next at 2 p. x., when definite ar- rangements will be made for the building of 2 §5000 creamery. There is every pros- pect of a glass factory also being estab- lished here in the near future. The Livermore League of Prosress was organized in the Jatter part of December, 1895, and held its first regular meeting the first Tuesday in January, and already its influence for good is beginning to be felt. As a result of its labors the laying of ce- ment sidewalks has already begun, and various other public improvements will soon be under way. Livermore is un- doubtedly on the eve of great prosperity. e SANTA BARBARA SUIT. {r A4 The Long Pending Case Between Two Newspaper Men Setiled. SANTA BARBARA, CAL., Jan. 22.—The somewhat celebrated case of Tebbetts vs. La Vies, editor of the Independent Pub- lishing Company, which has for several | months been draggingits way through the local courts, was decided to-day by the plaintiff being awarded $200. and interest, amounting to $180. The suit grew out of the transfer of the paper by Mr. Tebbetts to La Vies three vears ago in satisfaction of a mortgage for $4700, with certain con- tingent agreements as toa surplus to e paid if the income of the paper amounted to a certain sum. A side issuearose in the matter of the salary of T:bbetts, who con- tinued with the paper as business manager until a year ago, and much bitter feeling bas been engendered in the controversy. BT L S TULARE BEING SOAKED, Ranchers in Pleasant Moods Over the Prospects of Good Crops. TULARE, CaL., Jan. 22.—The rain for the past week has amounted to 2.05 inches, making 4.08 for the season. The country 1s thoroughly soaked and the farmers ana fruit-growers are all happyv. A week ago everybody was sure it was to be adry year, but now new life is infused into ¢very{ody and business of every sort is going forward with renewed vigor. Several small cloud- bursts have occurred in_the foothilis and the irrigation ditchgs and streams are run- ning bank full el Lewis and McLeod Meet. NEW YORK, N. Y., Jan. 22.—“Stran- gler” Lewis and Dan McLeod of San Fran- cisco met in a wrestling match that ended i a draw here to-night. Lewis was to h:‘v: thrown McLeod within fifteen min- ul THE RIOT AT SN LEANDRD, Pistol Shots Are Fired and Some Bruised Heads Result. AN “ELECTRIC OCTOPUS.” Citizens Forcibly Prevent the Laying of a Double Track on the Avenue. CLIMAX OF OLD GRIEVANCES. The Contractors and Superintendent Arrested for Battery and Lodged in the Calaboose. SAN LEANDRO, CAvn., Jan. 22.—There was a genuine riot at San Leandro this aiternoon. Pistols were fired into the air, several people were badly battered, the town firebell was rung to call out the citi- zens to protect the highway from “a grasp- ing corporation,” and the contractor and Superintendent Gustafson of the Hay- wards electric road were confined for a a few minutes the roads leading to the plaza were black with people. Not satisfied with this showing some one gave the order to ring the firebell. It was clanged, and a minute later there was no one in a house that could walk out. Then commenced the show of violence. Marshal Geisenhofer deputized a big feliow to assist him in keeping the highway clear of obstructions and to preserve the peace. The new deputy had not eunjoyed official life a couple of minutes before he was mixed up with Egbert Stone. Each charged the other with striking the first blow, and to simplify matters the Marshal locked Stone up for obstructing the high- way and for battery. Superintendent Gustafson assumed the responsibility of protecting the pile of rails after Stone had been housed in the calaboose, but he, too, got into trouble and soon joined the contractor. The crowd surged around, clothes were torn and many were scratched badly through being jammed against the rails. Just before the arrest of Stone, and when the prospect of very serious trouble was promising, a telephone message was sentto the Sheriff’s office, and Sheriff White, a deputy and Attorney George W. Reed, who represenis the company, went to the scene of the riot. By that time all danger was passed, but am angry crowd stood by the rails ready to resent any at- tempt to lav them on the street. Attorney Reed at once took steps to have the pris- onérs released, and when that was doneit was arranged to hold a conference with the Town Trustees. At 3 o’clock there was a meeting of the railroad officials and their attorney and the Trustees and Town Attorney Rawson. Mr. Reed stated that the company clearly had the right under the terms of its fran- chise to lay a double track through the town, but that there was no desire on the part of the railroad to prove offensive to the inhabitants. 1f any plan could be de- vised to avoid the double track he was in favor of it. The object of the road in lay- S ANLORENZO Av. - PLAN tracking Haywards avenue. S ANLEANDRO BRIDGE 8 SHOWING HOW FUTURE RIOTS WILL BE AVERTED. [The crossed lines represent the present single track of the Haywards electricroad. The dotted line #epresents the proposed route that will do away with the necessity of double- The black square is the scene of yesterday’s riot.] couple of hours in the town calaboose. The trouble was brought on by the pre- liminary attempts of the electric-road company to double-track its road along Haywards avenue abreast of the plaza. About noon Egbert Stone, the contractor who is laying the new tracks of the com- pany, drove a four-horse team into the quiet little burg. The wagon was loaded with iron rails, and when abreast of the west end of the plaza the rails were un- loaded on the road. The word was instantly vassed along that the ‘‘electric octopus” was preparing to steal the other half of the street. Before the clank of the last rail had died away, a couple of hundred people were at the scene and Marshal Geisenhofer was excitedly Daniel McCarthy, the San Leandro Editor Who Has Steadily Fought What He Considers the Encroachments of the Electric Road. [From a photograph.} ordering Egbert Stone to immediately cart away the obstruction. “We have a right to place these rails here,” said Stone, clambering to the top of the pile, **and I intend to protect them. They are my property and I propose to see that nobody molests them.” Bang! bang! bang! Everybody looked toward the man with the gun, expecting to see at least a couple of corpses on the pile of rails, but it was nothing so serious. Marshal Geisenhofer had never heard his authority so directly defied and he was firing a few shots' in the air for the purpose of drawing the crowd around him for protection. The shots had the desired effect,and in ing the trackjwas for the purpose of pro- tecting their rights. The franchise con- tained a clause that all work should be finished by a certain date in next March, and if not obeyed valuable rights would be forfeited. It was shown during the meeting that the Marshal was of the opinion that if the company was permitted to scatter rails along the road they would thereby acquire some right to the roadbed. Attorney Reed said that such a presump- tion was unwarranted and without any foundation. ou have asked us to bring an injunc- tion suit against the town to restrain the authorities from interfering with us,” said Mr. Reed, “but that is not our duty. If we are encroaching on the right of the town it is your place to restrain us. If we bring an injunction suit, the time occu- pied in having 1t tried and d ecided will be lost to us, and we might not have time to finish our contemplated work be- fore our right to do so expires. If the town brought suit the time occupied in hearing it would not be lost to us, as we could not then hel p ourselves.” After further discussion a plan out of the difficulty was proposed that seemed to be agreeable to all concerned. The com- pany has a track around the San Lorenzo avenue side of the plaza that terminates abreast of the east end of the plaza. If this be extended two blocks and then car- ried along a side street back to the present track on Haywards avenue, there will be no need for double tracks where the oppo- sition to them was so plainly manifested this afternoon. It was finally agreed that the railroad people shouid meet the Town Trustees Friday night, and that a plan to modify the difficulty would, if possible, be reached. Andrew L. Stone. the secretary of the Haywards road, says that the trouble of this afternoon is but the result of an ani- mus that has been exhibited toward the company for over two years. ‘“The hos- tility toward us commenced over the mat- -ter of licensing our cars,”’ said Mr. Stone, “In Haywards we pay & license on six cars and in Oakland on fourteen. As our car- house is not in the town of San Leandro we consider that at the most eight cars are daily used in the town. We have offered for two years to pay a license on six cars, but the town demands that we pay on every car we own that ever passes through the town. That is not just and we con- tend it is illegal. The Trustees have re- fused to accept our offer of licenses and for two years we have deposited it in the San Leandro Bank, subject to the demand of the Treasurer. “‘This feeling against us has been worked up by a local editor because we withdrew our patronage from him, and it is this op- position that is the cause, in large meas- ure, of the trouble to-day. Our only objecy in laying double tracks is toim- prove our service and shorten about ten minutes to Oakland. If there were any competition in electric travel from Hay- wards to Oakland the matter would be different, but as we shall carry no more people than we do now, no matter what tracks we lay, I do not think we should be so bitterly opposed.” ANOTHER LITTLE EXCITEMENT. Appearance of a Strect Plow Arouses the Citizens’ Anger. SAN LEANDRO, CAL., Jan. 22.—Every- thing is quiet here to-night, and as soon as the rain commenced people left the streets. There were a few impromptu mass-meetings, and the high-handed pro- ceedings that have characterized the rail- road since it ran through the town were roundly condemned. Marshal Geisenhofer is the hero of the hour. About 4 o'clock a streev plow was driven into town, and word was passed along that the railroad company was in- tending to go about the laying of the double track in spite of negotiations. A crowd quickly gathered, but when the plow was driven into a yard and the horses unharnessed quiet was soon re- stored. The feeling in the town is very bitter against the electric road, and every- thing that has caused friction in the past is being eagerly discussed. The question which came to a head in such a startling manner to-day is one that has been agitating the town forsome time. The railroad company secured a franchise from the County Supervisors entitling it to lay a single or double track upon the county roads from Oakland to Haywards. San Leandro is an incorporated town, and to pass through it a municipal franchise was necessary. It was granted by the Trustees, but there is a doubt whether it allows the company to lay more than a single track. The merchants here think thata double track through the main business thor- oughfare will be too much of an ob- struction. To-day’s demonstration, how- ever, would never have been made solely on that account, but there are many other things that have caused a feeling of bitter- ness, Some time ago the Trustees licensed the cars of the company, and it has since resisted the payment of the license. Then the company went into the ex- press business and drove several local men out of business. They inaugurated a policy of all the traffic will bear, and the people along the road are very resentful. An- other grievance is that although the road is making a handsome profit, for a new road, as proved by the figures given to the Supervisors during the last assessment fight, they have taken steps to collect promised bonuses from people who can- not afford to pay. ISANTA CRUZ FISHERMEN, The Bay Is Full of Salmon, Whales and Schools of Sardines, But the Whales Are Far Out and Will Drive the Small Fish in Toward Shore. SANTA CRUZ, Cav., Jan, 22.—The bay is full of fish; whales have been spouting all day; salmon have been jumping and sardines have come in great schools. Both the whales and the salmon like a diet of sardines and prefer them to any other fish. As the recent storm came from the ocean, the bay has been in a dis- turbed state, and it was feared the salmon would seek other waters, Great was the rejoicing to-day, however, when a fisherman saw some fine salmon jumping out of the water near their fayor- ite feeding ground, off Light House Point. The water from the San Lorenzo River has made the bay muddy for a mile or two otit, but the dirty water is only two or three feet deep, and below that are the salmon. The fish are caught close to the bottom any way. There will probably be some excellent catches of fish soon, the bay being no longer rough. The fishermen are going out as soon as they get a supply of saraines as bait. The whales are out a good distance, so they will probably drive the ecardines inshore instead of out to sea. About 10 o’clock to-night it commenced raining, but it is not believed it will last. e HER CONSENT IN WRITING. Henry Bell of Windsor Says He Will Take No More Chances With the Ladies. SANTA ROSA, Can., Jan. 22.—A few weeks ago Henry Bell, a merchant of ‘Windsor, procured from the County Clerk of Sonoma County a license to wed Retta Herbert, also of Windsor. He stated his own age to be 72 and that of the lady to be 25. A few days later a young lady appeared in the office of the County Clerk in a highly indignant frame of mind and in- formed County Clerk Fulton that she was Retta Herbert of Windsor; that her con- sent to a marriage with Mr. Bell had not been obtained, and that she protested against being married to that gentleman against her wishes. On being informed by the clerk that Mr. Bell having obtained a license did not necessarilly compel her to marry the aged gentlemun she departed satisfied, but shortly afterward returned and informed the clerk he had made a mistake in her age; that she was only a little past 23 and not 25 years of age, and she would like to have the mistake rectified. To-day Mr. Bell appeared before the County Clerk again and demanded a li- cense to wed another lady of Windsor. Upon being joked by the deputies in the ofgce about the license he had obtained to wed Miss Herbert, the old man said that it was true he bad experienced a little bad luck in his previous matrimonial attempt, but that this time there would be no mis- take in the matter, and he threupon tri- umphantly exhibited the wxritten consent of “Mrs. Kate Linebaugh, a native of Michigan, aged 32, to marry Henry Bell, a native of New York, aged 72. The license was issued. ST Movements of Warships. SANTA BARBARA, CAL, Jan. 22.—The cruiser Monterey is due here to-night and will remain in the harbor until Sunday, ‘when she leaves for 'the south in company with the Philadelphia. The Iatter vessel has run down the channe! for a few day’s target practice, but is expected to return on Friday, when the officers and cadets of both vessels will be the guests of the Country Club at a grand reception to be given at the pretty clubheuse in Montecito. e R Breaking of the Marcuse Station Levee, MARYSVILLE, CaL., Jan. 22.—At 4 o’clock this evening ‘the levee protecting Marcuse station and the adjoining lands of Sutter County from the tule waters broke. There will be considerable dam- age to stock and other property if there is a continued freshet, but the danger is over here. The river is receding slowly, but tailroad travel to the porth and e still impeded. DOUGLAS JOINS A MARYSVILLE ORDER Tastes the Hidden Sweets of E Clampus Vitus. HIS PERSON TATTOOED. Put to Sleep in the Mysterious | Coffin and Given an Ice- | Water Bath. HIS GRATITUDE UNBOUNDED. Thankful That He Has Been Per- mitted to Enter a High-Class American Lodge. MARYSVILLE, Car., Jan. 22.—Lord Sholto Douglas was initiated last night into the Ancient and Honorable Order of E Clampus Vitus, and the crowning feature of his life in California has been reached. The E Clampus Vitus, or as it is more familiarly known the Clampers, is a bod y composed of the most prominent men of Marysville, and organized for the purpose | of putting strangers through a ‘“‘course of | sprouts’”” that makes them ridiculous and 2 laughing-stock for the time being, but admits them to the rank of good fellow- ship thereafter. Strange as it may seem, Lord Sholto | Douglas will leave Marysville under the impression that he has joined the fine order, for, as Jimmy Fadden would re- mark, he has not yet found out “wat tell.” Douglas was taken to Turner Hall last night after the close of the performance “Confusion.” After being blindfolded in the anteroom he was led into the hall, where over 500 Clampers were congregated and the ritual began. He was given a ride in a wheelbarrow | up a cleated board held at an incline by | two brothers, who dropped it when the | barrow reaclhied the top of the rocky grade. He' was then put through the cave of | silence, a big sheetiron cylinder, into | which he was forced on all fours, The cylinder was then rolled over and over and several of the brothers engaged in the pleasing pastime of pounding upon it with boards and hammers. After this Lord Douglas was given the | blanket elevation five or six times, and then stripped to the waist and painted by the Noble Artist. | He was next placed in the coffin, the lid | nailed down, the prayers for the dead said over him by Noble Grand Humbug E. A. Forbes, and the coffin was hoisted about three feet over a big tank of ice-cold water. The words. ‘‘Ashes to ashes, water to water,” were pronounced, the spring was | touched and the bottom of the coffin fell open, depositing the nobleman in about | three feet of water. This was the last degree. Douglas was } called on for a speech, but was unable to | do more than express his gratitude for the kindness shown him by initiating him into the mysteries of an American society of high renown. The lodge proposed that he stay over with his company until to-night and promised a big house. He agreed, and to- night the opera-house was packed. Lord and Lady Douglas were to-day i driven around town in an open four- in-hand, under the espionage of | the Clampers, followed by a car-| riage in which Grand Bugler Leech sat | and blew upon the huegag, a big horn that | can be heard all over town. Douglas stood | the ordeal last night—and it is a trying one | —with a deal of pluck that created consid- erable surprise. CAPTAIN' LEES IS SCORED, | | | | i i Closing Scenes at the Kovalov Investigation in Sacra- mento. : Lawyers Ipterested in the Weber Murder Reward Speak For. cibly. SACRAMENTO, CAL., Jan, 22.—To any one who had been present in the Gov- ernor’s office to-day during the concluding scenes of the squabble over the Kovaley reward it would have seemed as though Captain Lees and not the $1000 was the subject of controversy. The San Francisco detective, it seems, has aroused the antagonism of the attor- neys interested in the case, and thiey have scored him unmercifully. Governor Budd and District Attorney Ryan came to the veteran’s rescue, but their arguments were without avail, The San Francisco chief had announced that he wanted all of the reward and that was enough to arouse the ire of the re- mainder of the claimants, who announced that they would be content with a division. H. G. Soule, attorney for Bennett, claimed that any one who furnishad the information which led to the arrest and conviction of the criminal for whom the reward was offered was entitled to the re- ward. His client had furnished this in- formation to Lees. The Governor interrupted Soule long enough to call attention to the fact that Captain Lees did not act upon Bennett’s information, and that, indirectly, the in- formation acted upon was that published in a San Francisco morning paper a few days later than his talk with Bennett. oule did not know whether this was true or not. He had no means of knowing whether Lees acted on Bennett’s informa- tion or not, but he did know that Bennett told Lees all about it. Becrets did no one :nfi' good. ennett learned Stevens’ secret and told that secrct to Captain Lees, which was something that Stevens refused to do. Captain Lees should have acted upon Ben- netl’s information. Whether he did or not bhad nothing to do with it. His faiiure at the time to act on the knowledge he had gained was a failure upon- his part to his duty. Attorney C. H. Dunn, who was advocat- ing the claim of G. H. Jost, opened his re- marks by referring to the manner in which th_ed evidence showed he had acted. He said: “Captain Lees knew that a horrible mur- der had been committed. A man came to him and told him that he could lead him to a man who knew where the murderer was hiding in that city. “Captain Lees paid no attention to the information so received, and his failura to do so proved that he is totally unfit to hold the position he occupies. ‘It shows that he wouldn’t pe fit to hold the position of ehief of police of Milpitas, let alone the Chief of Detectives of San Francisco. His neglizence was so gross that it offers no excuse. Dunn continued by saying that his client did not expect the whole reward. In this he was different from Captain Lees. He then scored Lees for, as he claimed, not having done his duty. Lees, he claimed, had testitied that he did not read up on the case of the Weber murder until May—tfive months after the crime was committed, Had he read up on this crime, which he ac- knowledged he saw from newspaper headings, wasj} one of the most heinous in the history of the State, he would have known that the murderers were of a low order of criminals; that they procured three or four hundred dollars; ithat they would seek a city in which to hide and they would probably spend their money lavishly. Lees was unfit for his position when he acted as he did in this case, said the attor- ney. At the close of the proceedings Ben- nett’s attorneys announced that they in- tended commencing suit against the rela- tives of Groceryman Weber for the $500 which they had_offered for the apprehen- sion of the murderer. They claim that by this means they would be enabled to stop the payment of the reward offered by the State and have the whole amount thrown into the courts for settlement. When the trial comes up they promise to show up some interesting evidence, which might not agree alto- gether with what Captain Lees had said. Their case seemed to hang almost alto- gether upon how a certain San Francisco paper received information in advance of the arrest of the whereabouts of the mur- derer of Groceryman Weber and his wife, and they intended subpenaing a reporter named Slavin, who they claimed wrote the account, and see if he would not corrob- orate what their client has testified to hav~ ing said to him. Governor Budd said that they could do as they pleased, but he and Secretary of | State Brown had determined to refer the matter to the Attorney-General for an opinion before settling upon the reward. Among the things which the Attorney- General will be called upon to decide whether Captain Lees, as a paid officer, is entitled to the reward. o R HAPPY TULARE DEPUTIES. They Are Allowed Their Salaries by the Decision of a Superior Court, VISALIA, Car. Jan. 22.—Last Decem- ber the Supervisors brought an action against E. M. Jefferds, the County Auditor, to restrain him from drawing warrants in favor of the deputies employed by the Sheriff, Clerk, Superintendent of Schools, Assessor, Recorder and District Attorney, alleging that the law under which they were paid was unconstitutional. The case was heard before Judge Carter, and to-day he filed an opinion in which the right of the deputies to their salaries was fullv sustained, with the single excep- tion of those employed by the Assessor. Judge Carter analyzed the decisions of Dougherty vs. Austin and Welsh vs, Bramlett, two cases appealed from Fresno County, and said that in his opinion the Supreme Court in the later case of Far- num vs. Warner had reversed itself and the later decision must be presumed to be the law. The deputies are all happy, for it means that they can now get their pay. Under the decision the clerk could probably ap- point two additional deputies, while the Assessor will have to pay his assistants | out of his salary and the fees and commis- sions allowed him. This he will be unable to do, as he only gets $1800 per annum, and his fees and commissions amount to very little. The case will probably be appealed to the Supreme Cou et FIRE IN WILLITS. It Destroys Two Hotels and Other Prop- erty Valued at $5000. UKIAH, Car., Jan. 22.—A fire in Wil« lits, twenty-one miles north of this place, last night destroyed several buildings, among others an unoccupied hotel owned by Mrs. Ann Longland; also the Commer- cial Hotel, owned by the estate of Daniel Lambert, deceased, and occupied by H. A. Rogers, Gilmore's jewelry-store and two dwelling-houses. The total loss was about $5000, insurance as far as known $2100. It originated in the office of the Commerecial Hotel. The cause is unknown, but it is believed to have started in the fireplace. NEW TO-DAY. Cloalis ana 20 oarky S7= Cloaks, Furs, Suits Marked Lower Still to Hurry Them. FUR CAPES. FINE BLACK BALTIC SEAL FUR CAPES, satin-lined, the 24-inch garments that wers 2 50.. now 87.50 27 inches, that were §15. 80 inches, that were $17 50, BLACK FRENCH CONEY FUR CAPES, satin lined, 200d sweeps, correct style— 24 inches, reduced from $10 to. 27 inches, reduced from $12 to. 30 inches, reduced from $14 to. WOOL SEAL CAPES, the best quality, edged all around with Opossum, Satin lined. 24-inch, now. 27-inch, now. 80-inch, now. FINEST CHINA SEALFUR CAPES, satin-lined, bigh luster, look and wear like real seal— 24-inch, was $20. no 27-inch, was $25, now. 80-inch, was $30, now CHEVIOT CLOTH CAPES, double, 24 inches long, navy or black, were $7, now.. .50 FINE CLOTH CAPES, 24 to 27 inches long. single raid, were or double, trimmed with b 3 now ... $6 each FINE ALL-WOOL KERSEY CAPES, 24 inches deep, brawd-trimmed; reduced from $9 to %6 Each. KERSEY OR BOUCLE CLOTH CAPES, single circulars. trimmed with braid navy or black, length 27 inches; were $10, now %6 Each. SEND MONEY WITH MAIL ORDERS TO AVOID DELAY. Orders filled the day received. Liberal advances upon MONEYTO LOAN et e and improvements, for repayment ina DEFINITIS NUMBER of montily installmens, (0 _sui¢ bor- rower. Alpplv tothe CALIFORNIA GUARANTER ANVESTMENT CO., 326 Montgomery St., S, F. PROMPTLY. WITH ES