The San Francisco Call. Newspaper, February 2, 1896, Page 9

BRIGHT PHOEBUS BEATEN, Third fo Imp. Star Ruby and Installator in a Stake Event. LOGAN REGAINS HIS SPEED The Flood Hurdle Stake Gatheréd in by Cicero, a 15 to 1 Shot in the Betting. ‘When early risers awakened and saw more rain falling they thought how kind Providence is to the rich, and in their minds pictured Millionaire Walter Ho- bart’s great mud horse, Bright Pheebus, #alloping in for the Rancho del Paso stake. He aidn’t do anything of the sort, and his failure to do so cost the race- going public, as well as his owner, thou- sands of dollars. The stake mentioned was one of the two special attractions of- fered by the California Jockey Club on its programme yesterday. (t was for three- year-olds of 1895, over a mile and a six- teenth, with a guaranteed value of $1500 to the winner. The other, the Flood stake, was for the jumping-horse division, two miles over eight hurdles, with $1200 as the prize for the fortunate horse. The downpour of rain again left the track in a sloppy condition and the scratches were numerous. The attend- ance, considering the threatening aspect of the weather, was good, and the betiing livelier than for some time past. The usual reverses foliowed in the wake of the favorite, but three out of seven get- ting to the wire in the lead. Middleton, winner of the last race, was backed down from 50 to 1, and those *‘in on the know” mede & mild ‘‘killing.”” Although shouldering 127 pounds, the talent looked upon Bright Phaebus in the nature ‘of a “pipe” for the Rancho del Paso stakes, and when even money was ted against him in the opening betting friends flooded the ring with coin. Gradually the price was swiped to7to 10, but a rumor gaining credence that he had waried up lame in his preliminary gallop, sent his odds back to evens. A ge was made, and 7 to 10 were the prevailing odds around post time. A well-known plunger’s money forced the odds against imp. Star Ruby down from 4to3tol. The ElImwood stock farm were in some demand at 434, with a straggling play on the other starter, Arneite, at 12 and The race needs little descriy to "eend aff to 1. Doggett on the imported y for the lead from tie flag- fall, g the stand the first time was slightly behind Instailator with Dog gett riding him hard. At the first turn be gained his point, and turned into the back siretch a length clear of the se. From this on, there was ut slight charge in the pos T Ruby maintaining his. advan- ghout and passing the wire a 00d length ahead,of Installator. who had eld on to second place throughout the running. The favorite, who seemed to lack his usual showing of speed, and on which Miller was seen to be urging before half the distance had béen covered, was a farir third. Sam Doggett rode the winner in_his usual masterly fashion, being praised on all sides by the critics. The Flood stake resulted in a grand upset. Most of the coin went in on April, St. Brandon, Carmel and Janus, the latter horse being a slight favorite in the bet- ting. The chances of many of the starters were killed off the post, there being a edious delay of over half an hour, during approval by various sorts of demonstra- tions. Gold Dust headed the field for over a mile, when Carmel'showed in-the lead. The latter- horse piloted the way until nearing the bena for home the second time, when J. Owens on Cicero assumed n, for it was virtually an’eend | h 'the spectators manifested their dis- | command and- the old stager placed the Tich Elum to Sam Hildreth’s credit, pass- ng the winning post eight lengths in the lead of Montalvo. Top-weighted St. Bran- don was a good third. The winner was 15 to 1in the bettin, The Burns & SWaterhonu entry in the five and a balf furlong dash; Mt. McGregor 11, starting a slight favorite over Veragua, was sent awag a couple of lengths in front of the bunch and won easily,.a length in advance of Coleman. - Owner Mike Donovan’s heavily played Decision led throughout in a cheap seven and a half furlong dash over the inside course .and won cleverly from the25to1 shot: Modesto. The 6 to 5 shot Suifrage vas bumped and cut off at the first furn and finished in the ruck. ; Seven ordinary selling-platers started in a fiveand a half furlong dash that was fifth on the card,with New Moon rulinga 11to 5 choice. He led from flag-fall, winning by four: lengths, with Belle of Stonewall in the place, about the same distance ahead of Miss Ross. : Notwithstanding the poor showing made y Logan in Friday’s handicap, he was backed off the boards to win the six and a hatf furlong jaunt and proved ‘a handy | winner. Taking the lead from Moderocio, a 20 to 1 chance, turning into the stretch, he came home a bandy winner by two lengths, Peter the Second was a bad | third. ¥ As usual the **dogs” were out in full force in the last race, at five and a half fur- longs. Syndicate, Duillo and Uncertainty carried the bulk of the coin bet. Middle- ton backed down from 50 to 15 and 20 to 1, took the lead as the stretch was reached and won handily from Uncertainty.” Tal- bot Clifton was third. Track and Paddock Items. The number of bookmakers buying odds in the ring was reduced to fifteen at yes- terday’s cut-in. Ed Purser and Sam Woodford were.two big betters that were downed by the defeat of Bright Phebus. Mr. Wibaux, the heavy Montana specu- | lator, is said to have placed $2000 on | Logan. However, the daring Frenchman | has met with numerous reverses of late, | that greatly diminished his big winnings. | Pittsburg Phi, in his silent way, also | backed Logan. ’ Jockey L. Lioyd made his. maiden essay | as a steeplechase rider astride Auteuil in the stake race. Horse and rider came to grief at the fifth jump. Neither was in- jured. Riley Grannan was reported to have won $10,000 or: the Star Ruby race. He backed both of the horses that were first past the | wire, and laid against the chances of the favorite. IN THE LAND OF THE KURDS. Dr. Catharine Scott’s Story of a Journey to Nineveh. Mrs. Catharine V., C. Scott, M.D., enter- tained a party of physicians ana other friends at her hame, 727 Geary street, last evening by telling them the story of her | tour of Koordistan with a caravan. Dr. Scott is the daughter of & mission- jary who lived at Seir, Persia, which | was her native town. Although the trip | was taken many years ago she has a dis- tinct recollection of all the details of the | journey through that Asiatic Tyrol. | It was an interesting story told in'an in- teresting way. Her description of the mountain-walled home of the savage Kurds brought up a vivid, mental picture of the wild fastnesses of the land. She told in graphic style the story of the visit to Nineveh's ruins. populated by jackals and hyenas, and the narrow escapes from the depredations of the robbers. There were descriptions of perilous ascents of | almost perpendicular rocky walls and of | crossing the swaying hempen bridges across _well-nigh fathomless chasms. | Tragic incidents in the journey were the death from fever of one of the women missionaries in the party and the fate of | the native who was stung by & scorpion. The story closed with the word picture | of the_funeral of the missionary in a rude | little Kurdish village. | _Dr. Scott’s guests were Dr. and Mrs. J. | S. Ballou, Dr. Laura A.Bland, Dr. and Mrs. William Boericke, Dr. andMrs. C. B. | Currier, Dr. Alice M. Goss, Dr. George H. | Martin, Dr. Eleanor Martin, Dr. and Mrs, | George' H. Palmer, Mr. and Mrs. Gaspar | Orena, Miss' Lataillade, Orestes Orena, Miss Acacia Orena and Mr. and Mrs. John Reynolds. Pe———————, THE CALL” RACING CHART. 'rwenty-First Day of the Winter Meeting of the California Jockey Club. Weather Fine. Track Mudd; ay District Track, San Francisco, Saturday; February 1, 1896. 627. © and a half furlonzs; three-year-0lds and upward; conditions; purse §400 Index.| Horse, age, weight. |St.| 34 | % | s : Fin. | Jockeys | eing. | | 601 | Mt.McGregoril. 3.100 23 | 235 | 11 |Donnel 14-5 19 1 ...204 1 | 14 25 |Coébran. 9-2 5 33 | 310 | 32 [H. Martin, 8 616 |Veraz 52 | 52 | 46 |Garner. 3 (588)|The J 41 | 43 53 1 8 601" |Seaside, 65 | 610 | 65 | 8 582 |irma, 4 75 { 710 | 710 30 507 |Two Cheers, jog l1a8 R 60 Good start. Won I Winner, Burns & Waterhouse's b. c., by Day Star-Miss McGregor, Time, 1:11. At post, 17 minntes. 628, SECOND RACE—Seven furlongs; inside course; selling; threc-year-olds and upward; con- 0Z0. ditions: allowances; purse $400. f X Index.| Horse, age, weight. |St. | 14 1 1, % Str. | Fin. Ofi%flnt& | = Bt | 18 | 16 13 4 i2 7 | 72 | .2n | 24 | 24 | 810 25 6h | 73 | 8n | 45 | sn 80 \ 4l | 83 53 51 45 6 | 88 | 6% | T4 | 8k | 510 20 90 | , 8. 9|9 |9 9 9 61 . 30 501 |Suffrage, 8 100 6| 2n | 43 | 3n | 8 73 2 598 | Ruthledge 8,.....108| 7 | 8134 3h | 44 | 7 810 7-2 612 |My Sweetheari,d.112| 5 | Bn''| 53 | 84 | 8 9. |L. Lioyd. 6 "Good stert. Won handily. Winzer, M. T. Donovan's br., £, by Imp. Wagner-Fleta. Time, 1:35%, ne and & sixigenth miles: alue $1900. 629 : the Raneho Del Paso stakes; three-year-olds of ‘ s | 1% | 1% [% ‘s:'r. Fln.‘ Betting. Jockoys. - | Bewing, | 5 : 4 (234 11 11 j\z 11 (11 135 3 560 \Insiallator, 4 ...1121 8 (TR |22 |211612h (21124 3 92 (611) | Bright Phobus, 4197 2 137181 138° 135 1 45 497" | Vinetor, 4 120| 5 S |410 1435 |420 e, . 249 |Arnette, 06| 1 5 .15 s s 8 15 <. Good start. Wo; 11 minutes: _Tin _Winner, G. B. Morris & Co.’s imp: ., by HAmplon-OrGament, *Coupled with Installator. . “ A ¢ At post 630. EuCR R 'ne OU. bandicap; value $1500. Flood stakes; two miles over eight hurdles; three-year-olds and upward; Index.| Horse, nge, weight. [ 8t.| 15 | sta. | 24| 3% | Fn. | Woeckeys. X 13 515 | 41 |11 16 |16 8 12 8L an | a3 |a8 38 8 3 | 3 i 213 | 2 62’ 5 5 6 5 78 81 | 83| 67| 0% 4 5 0 |0 9 7 73 7 -39 {810 |'72 |'76. | 8 810 6 73 7011 {11 | 81| 9 o | 20 30 266 | Anteail, a. 1] 82 | 92 i R = 6 15 G 0od start. Waon easily. Winner, S. C. Hildret minutes. Time, 3:5534. * Fell at fifth jump. h’s b. b., by Longfellow-Belle Knight. At post 41 };ofi‘;rx RACE—Five and a half furlongs; 631. 3 selling; three-year-oldsana up; conditions; purse 3 ‘Betting. Index. | Horse, dge, weight. Y % | St | Fin op & 616 |New Moo, 5......85 1w | 18 |14 | 14 3 115 (615) | Belle Stonéwd, 4..102| 28 | 23 | 28, | 24 3 [ 607 |Biss Ross, 3 .93 31 338 80 81 5:2 135 6 43 | 42 | 14 | ¢20 -4 7 7 T 7 5% 92 &h | 63 | 61 | 63 5 62 |52 |52 |7 6 Good start. Won easlly. Winner, W. D. Randall’s br. £., by Hyder Ali:Namounia, 'Time, 1:1134. 63() SIXTH BACE—Six and & half furiongs; four-year-oid and upward; conditions; penalties; + eliowauces; purse $400. # s . S index. | Horse, age, welght. | St.| 14 % 8% | ®mr | Fin Jockeys.: b?.“mfiil_ 525 |Logan, 8.. 8n 5 | 1n | 1n |12 (808) | Moderocio, 4. 12 | 115 | 26| 28 |28 593 | Peter 11, 4. B r A sl e 521 | 2 2 3| 550 |Clreer b a3 | 30 |5 5 3 Good start. Won easily. Winner, Alex Shield’s b. b, by Voltigeur-Pext. Time 633, BEVENTH RACE—Five DO, tions; purse $800. and a half furiongs: selling; three-year-olds and upward; condl- Index.| Horse, age, weight. |St.| 34 Yo % | Str. | Fin, 588 | Middleton, 6. 2h | 88 | 18 | 1n Uncer:: 1h in 23 21 Tl 6h 53 52 IIX. 31 4h 4h 4 83 7w | 7 54 413 2n |83 | 63 78| 84 | 8u | 10 11 |1 10 g, 91 | 910 (9 |10 1010 {108 (11 {11 Good start. Won driving. Winner, James White's B, &, 1:18%. by Warwick-Lady Middleton. Time, THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 2,v 1896 THE RIGHTS OF MINERS, Judge Beatty’s Important De- cision in the North Star Case, ME. LINDLEY GAINS A POINT. Defendant May Back Up Its Claim of Extra Lateral Rights With " Its Patent. A decision of great importance to min- ing interests was rendered by United States District Judge Beatty of ‘Idaho yes- terday, sitting as a Judge of the United States Circuit Court at San Francisco. It was in the case of the Carson City Gold and Silver Mining Company against the North Star Mining Company. The suit is for $825,000 for ore taken out by the North Star people from beneath the surface area of the property of the Carson City com- pany during the three years preceding September, 1894. - Both companies. own adjoining prop- erties in the Grass Valley district, Nevada County. Evidently the Carson City com- pany has proceeded on the theory that its vroperty ‘rights extended downward ina perpendicular line regardless of the natu- ral course of veins. It seems, however, that Congress has passed laws providing for extra lateral rights, which permit mine-owners to follow from the apex the natural course of their ore-bearing veins even though it may incline beyond the perpendicular of the boundary line of an- other’s property. In this case the question of extra lateral rights, however, was somewhat obscured by the question of whether the owner of the extra lateral rights should be per- .mitted to introduce his mineral land patent as evidence of those rights. When the suit came up before Judgze Beatty for hearing last Wednesday ‘At- torneys Ellis and Dickson of Salt Lake City, on behalf of the Carson City Com- pany, objected to the admission of evi- dence offered by the North Star Company to. show that it had simply followed the natural course of its vein. The inclined shaft of the North Star mine extended downward to the 2400-foot level and from there quite a number of minor shafts and drifts were tunneled. The North Star people represented that in sinking their shaft they were doing no more than taking advantage of their ex- tra lateral rights. by following their vein. The shaft developed into a veritable net- work of burrowings beneath the surface area of the old Irish American mine, which had become the property of the plaintiff. The evidence was in the nature of a series of elaborate models, charts and diagrams made from surveys of Charles E. Uren. Judge Beatty yesterday over- ruled the objection of the attorneys for the plaintiif, and allowed the evidence to be introduced. It wasa great victory for Curtis H. Lindley of this City, ti:e princi- pal attorney for the North Star mine, ard it may indiciate that the suit will termi- nate favarably to his corporate client. But apart from the question of lateral rights which is yet to be definitely deter- mined the value of a patent as conclusive evidence is a matter of absorbing interest to the host of miners and other land- owners. Judge Beatty settled this point yesterday. He remarked in commencing his oral opinion that the principle in- volved was a novel one and he had no direct guiding precedent to follow. The North Star mine’s title was based on 4 patent—a consolidation patent—applied for in 1869 under the law of 1866, but not issued until the act of 1872 was passed. This patent covered 3140 feet of the North Star lode, with surface ground of irregular form, covering an area of about sixty-five acres. As the law of 1866 .permitted the holding of an original ciaim on a lode to the extent of only 3000 feet it was manifest that the company had secured title to numerous claims by purchase and had in- cluded them all in the one application, and the patent was issued for the entire property without specifying the com- ponent parts. In decidinf the patent to be conclusive evidence of the facts in- volved Judge Beatty said: 3 In view of the numerous adjudications as to the invulnerable charadter of a patent, I will avoid the appearance of egolism by any lengthy discussion of the subject. It-is well settled, however, that by any collateral attack there are very few open avenues for successful assault upon a patent. - It is itself an open and indisputable declaration of the existence of all those facts and of the performance of all those acts whicn the law declares are the conditions of its existence. There may have been no_dis- covery of a ledge, the locator may not have been a citizen, he may have neglected to per- form any of the vital acts which constitute his right to'a patent, but it declares to the con- trary, and we cannot contradict it. When the Supreme Court in Smelting Com- pany. vs. Kemp, 104 U. 8, refused the inspec- tion 0f the land office record. upon which the patent was issued, which was offered for the Furpose of collaterally sttacking the t in effect held “that the patent was the evi- dence that 1ts‘holder had regularly and fully performed everyact which the law demanded to entitle him to his patent. It seems the established doctrine of that court that collateral attack on a patentcan succeéd only when, upon the face of it, 1t is void, or when the 'Land Department has in some way exceeded its jurisdiction. But it must be far exceeding -its authority or juris diction upot some ground as a matter of law, as @istinguished from errors committéd in its conclusion of facts, i As to the validity of the patent Judge Beatty next proceeded . to show by refer- ence to the Supreme Court decision that though the law of 1866 limited the dis- tance along a ledge that can be included in any one claim_to 3000 feet, neither it nor the law of 1772 put anr limitation upon the number of claims or length of loae that could be included wiihin any one patent; in short, there was nothing to prevent an owner from patenting all his purchased locations under one patent along with or separate from his original claim. far as the question of lateral rignts went Judge Beatty practically anticipated -the possible final outcome of the case. All the claims composing the North Star pat- ent were located anterior to the act of 1872. As already stated the proceedings for the patent were -commenced under tEa act of 1866 and the patent was issned after the enactment of the law of 1872. Section 2 of the act of 1866 provides: That whenever any person, or association of l)erwna, claim a vein or lode ot quartz * * * t shall be lawful for said claimant or associa- tion of claimants to file in the local land office 8 didgram of tne same. 8o extended laterally and otherwise as to conform to the local laws, customs and ruies of mines, .Rd to euter such tract and reccive & patent therefor granting such mine, together with the right 1o follow such vein or lode, with its dips, angles and variations, 10 any depth. On this as a basis Judge Beatty made a declaration respecting extra lateral rights, for which the follo 'niz gsniu! condensa- tion may serve as a syllabus: It is evident that what the was the ledge. There was statute granted 10 direct grant of any surface ground, but only of such as the rules of mines allowed. It was not required that either the boundaries of the claim or the course of the ledge should he marked out. It is well established that the miner could follow his ledge slong its course wherever it might run'!‘?r the distance he claimed and located it, the only direction given by the statute being that he would follow itinto its dily;p, angles and variations to any depth, which meant directly downward. The reasonable conclusion deduced from the law was that his underground ownership of the ledge must be limited by and within two parallel planes drawn at right angles to the 4 | geneul course of the ledge, at-the end of it, ow, the miner, in gunulng his ledge between the planes of his end lines as he' has last laid them upon the surface, may éxpect at any time to meet any number of other miners who are likewise pursuing their rights. As the law of 1872 is thus iar construed, one more destruc- tive of mil:l:, interests could hardly be framed. Seetion 9 of the act of 1872 expressly pro- vided that any rights then existing should not atent, | UNPARALLELED (U 5 T NEW TO-DAY—DRY GOODS. SEDIHEATs T5 IN PRICES! -Our GREAT MIDWINTER CLEARANCE SALE begins the month of February with some AS- TOUNDING CUTS IN PRICES, in presenting a few examples of which we feel that we cannot too strongly impress the importance of this sale on the purchasing public, as IT IS TOTALLY DIFFER- ENT FROM THE ORDINARY RUN OF CLEARANCE SALES inasmuch as it is NOT A SALE OF OLD, UNSEASONABLE GOODS, but is 2 BONA-FIDE CLOSING OUT OF OUR ENORMOUS SUR- \PLUS STOCK OF FALL AND WINTER DRY GOODS at a sacrifice that has caused our thou patrons to unanimously unite in pronouncing it - THE GREATEST BARGAIN-GIVING SALE EVER HELD! sands of HOSIERY AND NDERVEAR! At 20 Cents a Pair, MISSES' FINE RIBBED BLACK COT- TON HOSE, double knees, heels, soles and toes, warranted fast black, worth $4 a dozen, will be closed out at 20c a pair; all sizes, 5 to 834 inch, At 25 Cents a Pair. CHILDREN'S BLACK RIBBED FRENCH COTTON HOSE, extra heavy, double heels and toes, war- ranted fast black, worth $6 a dozen, will be closed out at 25¢ a pair. % At 15 Cents a Pair. LADIES’ COTTON HOSE, black boot and colored top combinations, spliced heels and toes, worth $3 a dozen, will be closed out at 15c a pair. At 33% Cents a Pair. LADIES’ BLACK EGYPTIAN COTTON HOSE, unbleached feet, high spliced heeis and toes, Hermsdorf black, reg- ular value 50c, 'will be closed out at three pairs for $1. At 35 Cents Each. LADIES’ JERSEY RIBBED BLACK CASHMERE WOOL VESTS, high neck, long sleeves, regular price $I, will be closed out at 35c each. At 50 Cents Each. LADIES’ JERSEY RIBBED UNION SUITS, merino finish, high neck, long sleeves, cream and natural color, reg- ular value 90c, will be closed out at50c |, each. CORSETS. CORSETS. At $1.00. LADIES’ SATEEN CORSETS, extra long waist and high bust, firmly-and closel. boned, perfect fit guaranteed, blac{ and drab, regular price $1 50, will be closed out at $1 each. ~ MEN'S FURNISHINGS! - At 8% Cents. 162 dozen MEN’S FANCY BORDERED - HEMSTITCHED HANDKER- CHIEFS, extra large sizes, neat de- -signs and fast colors, were 123¢e, will be closed out at 8!4c each. . . . At 35 Cents. 96dozen MEN’S- AND BOYS’ UNLAUN- DERED WHITE SHIRTS,with donble backs and re-enforced all-linen fronts, extra value for 65c, will be closed out at 85c each. _At 75 Cents. 8 25dozen MEN’S EXTRA FINE PER- CALE LAUNDERED SHIRTS, with two collars and one pair cuffs to each, were $1 25, will be closed out at 75¢ each. At 10 Cents. 2 76 dozen MEN’S EXTRA HEAVY FULL FINISHED COTTON SOCKS, with double spliced heels and toes, in tan and brown shades, worth 20c, will be closed out at 10¢ a pair. At 15 Cents. 122 dozen MEN'S EXTRA FINE CASH- MERE WOOL SOCKS, in sanitary gray and fancy mixed colors, extra geod value for 25¢, will be closed out at 15¢ a pair. At 75 Cents. 65 dozen MEN’S CAMEL’S-HAIR UN- DERSHIRTS AND DRAWERS, ex- tra well finished, worth $125, will be closed out at 75¢ each. : At $1.00. 45 dozen MEN'S EXTRA FINE UN- DYED SANITARY LAMB’S-WOOL UNDERSHIRTS AND DRAWERS, warranted thoroughly shrunk, extra value for $1 50, wilfbe closed out at $1 each. EMBROIDERIES! At 5 Cents a Yard. CAMBRIC GUIPURE EMBROIDERY, regular value 10c, will be closed out at bc a yard. At 7% Cents a Yard. CAMBRIOC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 1234c, will be closed out at 7i4c.a y_ud. At 10 Cents a Yard. CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROLDERY, regular value 15¢, will be closed out at 10c a yard. At 12} Cents a Yard. CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular price 20¢, will be closed out at 12}4c a yard. At 15 Cents a Yard. CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 25¢, will be closed out at 15¢ a yard, At 20 Cents a Yard. CAMBRIO, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 35¢c, will be closed out at 20c a yard. At 25 Cents a Yard., . CAMBRIC, NAINSOOK and SWISS GUI- PURE EMBROIDERY, regular value 45¢, will be closed out at 25¢ a yard. SLIGHTL Y SOILED! This week we will close out the residue of the lines of goods recently DAMAGED BY WATER in our basement, most of which are almost per- fect. They consist principally of FINE BLANKETS, TURKISH TOWELS, CANTON FLANNELS and 36-INCH UNBLEACHED SHEETINGS. GLOVES! GLOVES! At 45 Cents. 2000 {airs 5-HOOK UNDRESSED' KID GLOVES (genuine Foster hook), in tan, mode and slate shades, regular value $1, will be closed out at 45¢ a pair. At 55 Cents. 1800 pairs BIARRITZ KID GLOVES, in slate and mode shades, regular value $1, will be closed out at 55¢ a pair, * At 65 Cents. 1600 pairs -BUTTON LENGTH MOUS- QUETAIRE UNDRESSED KID GLOVES, in tan, brown and slate shades, also black, regular value $1, will be closed out at 65¢ a pair. At 75 Cents. 1200 pairs MOCHA GAUNTLETS, innavy blue, regular value $1 25, will be closed out at 75¢ a pair. At 75 Cents. 1100 pairs 5HOOK KID GLOVES,in tan, brown and slate shades, also black, regular value $1 25, will be closed out at 75c a pair. At 75 Cents. 1000 pairs 4 BUTTON GENUINE MOCHA - GLOVES, in navy blue, regular value $1 50, will be closed out at 75¢ a pair. MANUFACTURER'S SAMPLES! At 75 Cents. 190 dozen KID AND UNDRESSED KID GLOVES, 4, 6 and 8 button lengths, colors and black, plain and embroid- ered back, regular prices $1 25, §1 50 and $1 75, choice of lot 75¢ a pair. /4 Market aud Jones Streets. Murphy Building, Murphy Building, ' Market and Jones Stregts. Murphy Building, | Market and Jones Stregts, Murphy Building, Market and Jones Sireets. be affected, so that under the law of 1866 a miner had the right to follow his ledge to its full extent along its underground eourse on its true dip to any depth. Such right con- tinued after the act o? 1872, ior the law granted the ledge, and the surface rights were mere incidental appendages for more perfect enjoyment of the chief grant, the leage. 1t seems, however, that the suthorities con- 2lude that the right to follow the course of the ledge is controlled by the patent lines and the right to follow it under the surface by the end lines, but if his patent is procured prior to the law ot 1872 or entirely under that of 1866 it is not evident why his end lines must be parallel or why the underground rights must be gov- erned by those end lines as fixed iu his patent. The law itself made no such provisions. In conclusion Judge Beatty reasoned that it had not been necessary for the de- fendant to change its end lines and obtain new patents. sim p:iy to conform its lines to a right already granted to it. The consolidation of all its claims under one patent in effect accomplished whatever result the plaintiff might have reasonably demanded. . In his allusion to the usual construction of the-act of 1872 and the confusion of rights which has resulted therefrom, Judge Beatty remarked that it was most unfortunate that the dissenting opinion of Chief Justice Waite in the Elgin case, 118 T. 8., could not have been justified under the law and adopted. STREET SPRINKLING, Business Men Demand That the Super- visors Take Action. The delay of the Board of Supervisors in making arrangements for the sprinkling of the streets as soon as the rains shall cease has eaused the Merchants’ Associa- tion tosend the following communicatio; To the Homorable Board of Su ors—GE: TLEMEN: Herewith we respectfully submit a tition signed during the past three days by BS5 representative business frms of this City, your honorabie board to carry into requestin, effect at the earliest date the system of street _sprinkling proposed by this association and heretofore adopted by ‘your board, for which the necessary funds have ween provided end are now ayailable. The entire mercantile and tax-paving portion of San Francisco stands ready to sign this pe- tition, but we deem it unnecessary to present your 'board with any_additional evidence of the importance and justice of this request. Hoping that this matter wiil have your prompt and favorable consideration, we remain, etc. THE STOOK MARKET. The past week was nneventful in mining stocks. Two oz three stocks, as Chollar, Utah and Ocoi- Gental, showed incipient rallies, but on the whole business was quiet. ; : Yesterd y was like the Test of the week, being quiet at practically unchanged prices. i NOTES. . The Mono assessment falls delinquent in office to-morrow. “The Savage assessment falls delinquent in board Tuceday. ¥ In the Occidental they Are now in 20 feet on the southwest drift on the 650 level, in ore that runs from $35 to $40 per ton, two-thirds of which is gold. They are now putting in new air-compres- sors, which will enable them to make better prog- ress. The weekly report f£0m the Con. Cal. & Va, is as foliows: % 7 1650 level—We continued repalring and easing timbers in the south drift on north floor (firs; floor above sili floor of thislevel). East crosseutstarted &t point 170 fee: in from mouth of this south drife Dgs been extended 22 feet; total length, 75 feet, in quartz formation, assaying $1 to 82 per ton. On sixternth floor (elghth Hoor above the sill flodr) have drifted north from end of stope o total dlstaace of 29 feet In quAriz, assaying §2 o 33 per . > 1750 level—From fifeh, sixth_and seventh floors | above sill fior of this level Opened out through up- raise No, 2 are extracting some ore nofth alon, west sidé of opening, showing & width of three a four feet, assaying =30 t0 860 per ton. h from end of west crosscut No. 3 ad- vanced 24 feet from peint 86 feet in from mouth of south drift run from end of southeast arift on sill floor of thislevel curried up three feet in quartz formation, assaying $10 per ton; total length 28 fect. From top of this Upraise a west crogscut has ;"fi" advanced 16 feet in quartz, assaying $5 to er ton. Frgm fifth, sixth and seventh floors from upraise | No. 2,and from north end of stope in old ground of former workings on - fifteenth and sixteenth floors, extracted 132 tons of Ore, average assay value' of which per samples taken from cars in mine was $50 10 per ton. The extraction of ore from mine for week amounted to 182 tons (all from 1750 level), aver- age assay value of which, per sample from' cars when raised to_the surface, was $50 08 per ton. umnmummmm&;gz’z To do so would have been. from main west drift from C.snd C shait on sill floor of this level has been carried 21 20 feet in rpnyEy and guariz, assaying 66 and $10 per ton. oLkl helght, 65 Teet. 1600 level=—Are casing timbers and making nec- essary Tepairs along drift uprajse which connects 1600 fevel with south drift from Con. Virginia shaft on this level. 2 7 1000 level—North drift from Con. Virginia shaft | station. on this level has been advanced 36 fect, passing through porphyry and clay of harder form- ation than that of preceding week. Total lengthof drif, 453 feet. Following Are the Highest Prices Durin, B e Fas: Weelk, i BTOCK. _[Mou. [Tues,|Wed,[Thrs.| Fri. | Sat. 19 200 20| 17 val.... 06| 08 22 34 18 18 28 28 29 28 8s 87 86 8t 40/ 38| 40 39 18 17 18 15 16 18] 07l..... 04| 40""89) 39l @ 60/ 60 84 64 2.45| 2.45 2.45/ 2.40 100, 1.08| 108} 1.02 22 23 = 23 51 51 5ol 48 1.25( 1.30( 1.95| 1.20 63 83 ‘61l 80 06 18 18 16 1.5/ 1.45(1.40| 1.40 18 18 190 17 110 108! 1.08| 1.05 55| 54l 52 63| b4 Savago. 311 81 3| % Seg. Bolcher, o8 o4 08 o7 o8 Blerra Nevada.. 500 48 47 47| 48 Union. 42l a0 a1 40 87 U 15 120 11 a8 47| 45 BOARD SALES, Following were the sales In the San Franclsco Btock Board yesterday: REXGULAR MORNTNG SEASION COMMENOING 9:30. 100 Belener...27250 Chollar....63 300 Justice. ...08 200B& 5. gs"mu : 2100 Oceidil..1.00 200 . 82200 0400 S Nov....43 500 Bulwer....15/200 Exchq 711000 Utah..,.11 Following were the sales in the Pacific Stook rd yesterday : BEGUTAR smastoN. $ 130 300 Al 0 Oceld. 400 Al o 54 00 CLOSING QUOTATIONS. BATURDAY, Feb. 1-12 3. HM.A‘ke(y ' Bid. Asked. — ll)'l I 40 50 Scofpion....... 04 Stlver HIili 08 Syndicato. 48 47lUtan Hale & Norers.1.20 1,20/ lowa.... - 04 STOCE AND BOND EXCHANGE, SATURDAY, Feb. 1-10:50 A- % UNITED STATES BONDS. Bid: Asked. Bid. Asked. U 84scoup..107% — |USas reg... 1074 — MISCELLANXOUS BONDS. Cal-gtCbless. — 110 |Do. 2d fss Bs. — — CalElecL6s.106 — [P&O Ryés. — CntraCWos. — 100 (P&ChRv 65,1023 —. Dpnt-stex-cp 77 - 95 [Pwl-st.RR6s. — 11614 Pgl — |Reno, WL&L — 105 10514107 |RiverW Z 100 Geary- . — 105 lSactoP & L..100 1023 LosAneLés. — ‘201, [SF&NPI 99— Do,Gnted.68.101 —" [BPRRArizgs — 95 MKt-stCblessia3 — |SPRRCalfs. — 10914 DoRyConss. 108141083, SPEE Calds., — 97 bt — 100 "|SPBrRCalss. — g7 NPCRR6s10815 — SVWaters..121 — N Ry Cal 63. — BVWaterds.. 9514 9914 N Ry Cal 55, — Stkinti&ii85103 10815 Docsilwsilos 10608 Sutersiies - 115 X utter-s: = Ominibus s — 110%4|VisallaWCes — 9370 PacloliMés., — — 5 = ‘WATER STOCKS. s Contra 0 — (SanJjose... — 9§ SR 8 C llsmuvul» 97 714 @AS STOCKS. Capital, 3214 8714 Pacific Light. 4614 50 bt s B8 A s 1118 7914 Oak G L& 51 5114 8t0CKION. ... = = 2135 PacGas Imp. 78Y5 79%4/ . INSURAN CE STOCKS. FiremansFd.168 168 [Sun........... 50 — COMMERCIAL BANK &TOCKS. AmerBATC. — — |LondonP&A.1281418214 AngloCal ... 6814 — [London&SF. — ~ 80 BankofCal.. — 232LpMerch Ex... 13 — CalSD&TCo., BRY, 5944 Nevada.. .. — — FirstNauonl. 1777180 Sather Bo. — — Grangers.... — — SAVINGS BANK STOCKS. GerS&LCo..1425 — (Sav&Loan.. — 102 HumbS&L 1000 255 3737 — 20 STREET BAILBOAD STOCKS. 0555 — (Oak,SL&Hay — 100 ° 807 75 [Bretaio o 414 o 4414 4434 Sutterstu.a — POWDIR STOCKS. . 1By = Z 8w A - .19 . MISCELLANEOUS STOCKS. Alnska Pkrs. 9714 98 (OceanieSSO0 1715 20 BlkDCoalCo. — 10 |[PacAuxFA. 1 = — CalCotMills.. ‘— = |Pac Borax... 98 100 CalDrvDock, — — |[PacI&NCo. — 80 EdisonLight. — 97 [PacRoli Mill 23 30 asConAssn. — — |ParfPaimCo. 6 734 Ger Lead Co. 85 95 |PacTransCo. — 24 HawC&SCo.' 9% 10 |PacT&TCo 60 — HutohSPCo.. 1313 1334 /Eunsetl&T.. 41 — JudsonMtgC. — ' —"|UnitedCCol — %5 Mer Ex Assn100 110 MORNING SRSSION. Board—50 Hawalian Commercial, 874: 50 do, 9% 100 do, 10: 650 Hutchinson 8 P Co, 1354. Sireet—8409) Ferries & Cliff Bonds, 106; 40.Pa- cific Gas Tmp, T83. Y. M. C. A. VICTORIOUS. The Football Team Wins a Game From Mount Tamalpais Military Academy. The Y. M. C. A. football team added an- other victory to its list yesterday after- noon, defeating the Mount Tamalpais Mil- itary Academy eleven at San Rafael by a score of 18 to 6. Plate, for the Y. M. C. A., did himself credit, and showed his tre- mendous power in bucking the line and breaking the interference of vhe academy boys. 1In this he was well assisted by Da- vidson and Frank Bishop. The ground being wet and soft was too slippery for fast playing, but the Y. M. C. A. boys played their backs for their bucking game and never failed to gain the required dis- tance. The academy boys played a hard, fast ame, but.were clearly outclassed. Moyer, chmidt and Hogg were most conspicuons for their good work, the latter scoring the touchdown. The Y. M. C. A. team is_anxious to get on a match with some club in Stockton, Santa Rosa or other place whose average does not exceed 137 pounds for Washing- ton’s birthday, February 22. Challenges may be addressed to A. J. Morrison, mana- ger, Y. M. C. —_—————— Red Rock Parlor Election. The following were elected officers of the Red Rock Parlor, N. 8. G. R. B., for the ensuing term: President, Edward Lannigan; first vice- president, John G. Tyrrell; second vice-presi- dent, Henry Ham; third vice-president, Thomas Quinn; recording secrétary, Robert P. Barton; financial secretary, Charles H. Martin, treasurer, John Mitchell; financeicommittee, Captain H. C. Davis, Charles C. Fiyhn, William Wigeihs; executive committee, £. Lanuigan, % 8. Tyirell, E. Welch; physiclan, Dr. W. J. awkins; sergeant-at-arms, Eddié Welch. The installation of officers will take place on February 22 at B'nai B'rith Hall, and the cere- mony will be followea by a grand bunquet. - . — A Golden Wedding. The golden wedding of Mr. and Mrs, H. J. Rohde took place last evening in Mission Turn Hall on Eighteenth street, near Valencia. The Ceremony was performed by Rev. Julius Fuen- deling, pastor of St. Mark’s- Evangelical Lu- theran Church. A splendid banquet was served in the auditorium of the hail, to which 200 invited guests sat down. Afterward there was dancing untila late hour. Mr. and Mrs. Rohde were first married in Holstein, on February 1, 1 nd came to San Francisco in 1882, The school that was anthorized by the Board of Education at its last meeting for Sunnyside will be opened to-morrow morning at 115 Flood avenue, with Miss Catherine F. Riordan, formerly of the Hearst Grammar School, in ¢ What the WAVERLEY is from other dealers. It would be more reason- able to call and examine for your- self. We invite the most critical inspection, MEN’S, $8s. . LADIES’ $75 CATALOGUE FREE. AGENTS WANTED. Indiana Bieyele @o., J. 8. CONWELL;, Manager, ‘18 and 20 McAllister St., S. P. and $8s, 1896 RAMBLERS HAVE ARRIVED. 1895 Models Will be Sold for BSB.0C; COME WHILE THEY LAST. 1896 RAMDIES..uvvyresserssivessneesnc$160.00 1895 Ramblers...... w8500 THOS. H. B. VARNEY, 1325 Market st., S. F. 427 S. Spring st., Los Angeles. COUGHS AND COLDS EL’'S EOLA BALSAM s a sure Rem- edy for coughs, colds, sore throat and for asthma. ; It soothes, quickly abates the cough and Tenders expectora- tion easy. CONSUMPTIVES Will fnvariably de- ¥ rive benefit from its use. Many who sup- pose their cases to be onsomption are only suffering _ trom, & nic cold or deep- ted cough, ofien asgravated by ca- g tarrh. For catarrl use Ely's Cream Bs.m. 5oth remadies are pleasant to use. Cream Balm, 60c per bottle; Pineola Bak sam. 95c. Sold by Druggists. ELY BROTHERS, ‘Warren st,, New York. A remedy used exclusively by & physician of 30 years’ experience. A positive and unfailin, guaranteed care for primary, secondary an tertiary cases of blood disease. No case in- ‘curable. New cases cured in two weeks. Con- sultation and full information free. MOFFAT CHEMICAL €O, Koom 1, 632 Market St., San Francisco.