The San Francisco Call. Newspaper, February 18, 1896, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY, FEBRUARY 18, 1896 N CHANGE IN WATER RATES, Supervisors Re-enact the Ordinance of the Past Year. SCHUSSLER EXPLAINS. West of Castro-Street Property- Owners Demand Better Service. MAJOR MKINNE'S CHARGES. Why Pipes Were Not Laid on the Cor- bett Road—Supervisor Hobb’s Lonely “No.” £ way, that showed familiar with the it was dealing, the | Board of Supervisors listened last evening to a half-hour talk from Herman Schuss- | ler, the engineer of the Spring Valley | ‘Water’ Company, and then fixed water | rates for the ensuing year. | When the matter of rates came up at the | meeting of the 10th inst., a resolution was introduced setting last evening as the time | for meeting as a committee of the whole to \ consider the question. Consequently when | the board adjourned yesterday afternoon | to meet at 7:30 o'clock, a number of the Supervisors supposed it was to be simply a | committee meeting. The natureof the ad- | journment, however, made it a special | meeting of the board, with power to xixl rates. Those present were: Supervisors Dunker, Hobbs, Wagner, Hirsch, Scully, King, Benjamin, Hughes and Morgen- stern. Immediately after being called to order{ and electing Supervisor Benjamin as| chairman, the board went into committee | the whole and requested those who had | ivthing to s address the committee. Mr. Schussler availed himself of the in- vitation and asked the committee not to disturb present existing rates. He said | that the company had been under vast expense during the past year in increasing its facilities for supply dents of Sa the same position during the months to come. Under the circumstances Le pelieved that it would be an injustice to the company to disturb the present rates. The attorney for the corporation and | several other employes were present with | Mr. Schussler, and whenever the latter fell short of material to convince the board of | the needs of the company they coached | him with figures and statements. | ing to the communication of tl)e1 to the board relative to the | water rates charged shipping, Mr. Shuss- | ler said that if any discrimination had | been practiced he aid not know of 1t, and | that he thought ships were not charged | high rates when the difficulties under which they were served were taken into consider- | ation. He said that tne company was ! willing to meet the board more than half | way in adjusting the matter to the satis- | faction of all concerned. | Major Barna McKinne, the only one | present aside from Supervisors, Spring | Valley representatives and reporters, o | who said that he represented the West of | Castro-street Improvement Club and 10,- 000 other people, then addressed the meet- ing. Major McKinne said that the people he represented had been paving water rates for years and not receiving a supply half the time. “‘During the summer months,” he said. “‘these people are without water from 8 A.M.t0o 8 P. M. and at the mercy of a fire | that might start at any time and sweep | away their homes. The same condition | of affairs exists during a part of the | winter, and we think it is time the matter | was remedied. | “The company has been promising and ‘ | promising to arrange itssystem so that we can be protected until we have become tired. We want water, and we want this board to delay fixing rates until the com- pany will agree to do the necessary work at once. It makes no difference to the company whether we get water or not, | they charge us just the same, and it is an | outrage. “‘Last'year when water rates were fixed | the board agreed to see that the company did what was right by us, but we are stiil waiting for the fulfiliment of that promise. | We ask you to insist that our district be | protected from fire, if nothing more, be- | fore you give the company what it asks.” In~ answer to Major McKinne, Mr. | Schussler stated that all preparations had | been made to lay adeguate mains in the | district under discussion, but after the big fire south of Market street Chief Sullivan of the Fire Department had demanded a better system in that portion of the Cuity, | and the pipes that had been intended for the Corbett road had been used and more | ordered from the East, where all are pur- | chased. “That kind of talk is all right,” said Major Mckinne, “but we want water and not promises. We want the board to take a decided stand in this matter.” Then Mr. Schussler said that the com- pany would have water piped intp the dis- trict west of Castro street within three months. Without anv further discussion the board rose as a committee and went into regular session. Chairman Morganstern oi the committee rendering a report rec- ommending that the rate be fixed at the same fizures as during the past year. same Supervisor then offered a resolution that the board fix rates at the old figure— | in fact re-enact the old ordinance. With | the exception of Supervisor Hobbs those Bcg}lty 'Fognd Purity !Cuticura S0ld throughout the world. British depot: F. Nxw. zuy AxD 80xs, 1. King Edward-st.. London. PorTag UG & CuxM, Coxry Solc Frops., Buston, Ui €, & | day Morning Orchestra, held in Metro- i on the matter of rates to } ng water to the resi- | Francisco and would be in | twelve | f \ 'HOW THE HALL THE RIGHTS OF PLEDGEES' | al $351,T: present voted in the affirmative on the proposition. The communication of the Grand Jury was referred to the Water Committee, ORCHESTRAL CONCERTS. The Testimonial Concert by Miss Daisy Belle Sharp at the Y. M. C. A. Hall. A splendid testimonial concert was given by Miss Daisy Belle Sharpe last evening in the Young Men’s Christian Association buildirg. She was assisted by the Treble Clef quartet, composed of Miss Beatrice Priest-Fine, Mrs. A. A. Dewing, Jeannette Wilcox, Mrs..J. E. Berming- ham and Mrs. W. J. Batchelder; also by the Reliance Glee Club, comvosed of Harry H. Haight, Robert Chéstnut, John | A. Britton, Charles W. Crest, Everett S. Dowdle, Harry W. Thomas, Herbert D. Gaskill, M. W. Jellett and Harry P. Carl- ton. Miss Mabel Love and R. F. Tilton also lent their assistance. The concert was under the direction of Frank Coffin. Miss | EE OF THE CARNIVAL, Extensive Preparations Being Made for the Brilliant Event. A SCENE OF RAREST BEAUTY. Some Salient Features of the Gorgeous | and Artistic Decorative | Display. Judging from the preparations thus far visible the carnival ball at the head- quarters of the Art Association to-night The first benefit concert by the ‘Satur- politan Temple last evening under the direction of Professor Alfred Roncovi eri, was a inost entertamning musical event. The orchestra was assisted by the gentle- men of the Philharmonic Society, Miss Caroline H. Littie and P. H. Henley. The auditorium of the temple was well filled, and the handsome effect of the young ladies on the platform with their instru- ments was no less entertaining than the music they made. will be a brilliant social event. | Hurrying to and fro through the lofty | { balls and spacious apartments of the old | Hopkins mansion several score of artists, | decorators and workmen are putting the " finishing touches to what promises to be a | most enchanting interior. The fine inlaid | floors are covered with dihgy sheets of canvas, littered over with bits of gauze | and tinsel, eleciric-light globes and butter- navy, will attend the Mardi Gras ball this evening and wear their official uniforms. WOMAN’S FEDERATION. Mrs. French Makes Some Startling Statements About People Who Are Pillars of the Church. The meeting of the Federation of Women yesterday was chiefly occupied with re- ports of committees, most of them show- ing progressin the different lines of work which the federation has planned for it- self. Mrs. Nellie Blessing Eyster pleaded that a special effort be made to close Mor- ton street, and some of the ladies were in | favor of extending the crusade to other undesirable thoroughfares in the locality. Mrs. Rose French stated that there exist great obstacles to the enforcing of ordi- nancesin the Morton-street part of town. “Do vou know, ladies, to whom this property chiefly 'belongs?”’ asked Mrs, French. Some’ of the ladies intimated that they did, others asked for informa- tion. “Some'of these houses belong to capiains of police,” said Mrs. French, ‘‘others are owned by members of the Board of Supervisors, and others again by | eminent church "members, who are locked upon as pillars of the church. { When you realize who owns this property | You can readily understand what we have to fight against, when we try to close Morton street and kindred localities.” Mrs. Payne reported that the merry-go- rounds in various parts of the town have a demoralizing influence on the boys and !flies of gold and silver tissue. In one girls who frequent them. ‘‘Thev are not | sutticiently lighted,” she said, “and after WILL LOOK TO-NIGHT AT THE READING [Drawn by a “ Call ” artist.] OF THE ROYAL EDICT. . The Supreme Court Invited to Definitely Define Their Prerogative. ment of a Suit Brought by Rudolph Spreckels Against the Ne- vada Bank. Argu A case of particular interest to bankers and those pledging stock and bonds as se. curity was argued before the Supreme Court yesterday. Nominally it was a suit originally brought by Rudolph Spreckels against the Nevada Bank, but the points at issue are general in their application to pledges of stock and the extent to which the bank as pledgee may go in handling the pledge in its possession. On June 1, 1894, Claus Spreckels sold to | his son, C. A. Spreckels, certain property for which C. A. Spreckels promised to pa y $351,750 on January 4, 1895, and ‘an addition- 50 on January 4, 1896, with interest. As security for the total amount of oyer | $800,000 C. A. Spreckels deposited with his father certincates of stock in various cor- porations. As additional security for C. A. Spreckel’s note Rudolph Spreckels de- osited certificates for 5000 shares of the Paauhan Plantation Cowmpany, sugar- growers of the Hawaiian, Islunds. | This Paauhau plantation stock, which it seems is worth about $500,000, was trans- jerred’ by Claus Spreckels to the Nevada Bank. Rudolph Spreckels thereupon brought the present suit against the Ne- vada Bank, claiming that the 5000 shares | really belonged to him and had only been loaned to his brother to make up the | amount of the pledge, and upon special and verbal agreement that it was not to be transferred upon the books of the company. | He accordingly had an injunction served | on the Nevada Bank to restrain it from | sending the stock out of the State to be transferred upon the company’s books in Honolulu. The case came up in the Superior Court some months ago. Delmas & Shortridge appeared for the bank, and E. P. Cole for Rudolph Spreckels. The injunction was dissolved. Rudolph Spreckels appealed to the Su- | reme Court and yesterday E. P. Cole and D Deivias argued ~ the case upon appeal. Mr. Coie said that the stock is worth $500,000. The issuance of an injunction, he maintained, 18 a matter largely of dis- cretion with the court. Deprived of the privilege of enjoining the bank, Rudolph Spreckels wouid not have the right to vote his own stock and the pledgee would get the dividends from the stock. Conclude ing his argument, he asserted that the bank has never said it would not vote the | stock. - D. M. Delmas, speaking for the Nevada | Bank, laid particular stress upon the point that in the absence of an agreement to the contrary the pledge of stock standing in Rudolph Spreckels’ name conferrea upon the bank theright to have the stock trans- ferred into the name of the bank upon the books of the bank. He claimed that the pledgee has the right to do as he pleases joined, but must enly be ready to restore the stock when the pledgor desires to re- that, according to the code and the decisions of the Supreme Court, no transfer of stock is valid as to third parties unless it be entered upon the books of the corporation, and that as long as the stock remains in the name of the pledgor itis subject to attachment and execution .at at the suit of his judgment creditors. The pledgee’s only safe protection, therefore, against imposition is to have the stock in his name. Green has never been universally con- sidered as a lucky color. It is sacred in | Mohammedan countries as the color of the ll;;o‘finez, and is the national color of Ire- b pledged stock and cannot be en- | corner of the library a confused heup of box, myrtle, acacia and laurel festoons lies | { awaiting the hands which will to-day | | stretch the ropes of green from pillar to | cornice and from vaulted roof to flower- | decked wall. Above the organ to the west of the great | hall a marble bust of St. Cecilia, framed | in a dazzling aureole of silver, looks down | upon a mountain of captive balloons | which are to float above the clusters of | incandescent lights. Yesterday afternoon one of these same balloons gave an exhibition of the | | perverse and Trestive spirit for which its | kind is famous. Detaching itself from the | immense bunch of which it had formed a part this unruly globe of scarlet rubber tissue soared gayly upward to a more con- genial habitat amid the carved rafters of the roof, whence it was brought down to | earth again, with much ado and no small | | risk of life and limb by one of the workmen. The great hail will be a charming sight. | From the galleries and between the arches of the colonnade which surrounds the | magnificent apartment hang priceless | Oriental draperies of gorgeous though | | harmonious hues and of fabulous pri Tt arches themselyes are outlined incandescent lights, and ned with feathery garlands of smilax | myrtle. the center of the | and domed roof will be noticed a colossal lan- tern of crimson tissue with a framework of gilded metal and hanging from ica huge | lden basket overflowing with Marechal | Niel roses held in place by graceful bows | of cardinal red and surah silk, | Along the walls of the hall, separated | by shields of green outlined in_glittering | | butterflies of silver and cardinal gauze | with bodies formed of incandescent | globes, are four large bas-refiefs in plaster | composition, representing music, paint- ing. poetry and the drama. The work on | these reliefs is exceedingly artistic, the | vprevailing _tint being a very pale nile | green touched hereand there with silver leaf. he space occupied by the relief ““Music” was much admired by a number | i ghly | of art critics yesterday, all praising hi the realistic grouping of the instruments | aud scrolls which form the center of the design. The guestroom, with one or two apart- | ments adjoining, has been set apart for | the use of the ladies as a place in which to put the finishing touches to their toilets, { while one of the north pariors will be | used by the gentlemen as a smoking. | Toom. "The apartments once occupied by | Mrs. Hopkins will be a general rendezyons |and ““wall-flower” headquarters, the | dancers taking possession of the remain- ing portions of the first and second floors, The scene to-night promises to be bril- liant, in the extreme. The Kinz of the | Carnival, Amedee Joullin, in a sixteenth | | century costume of black velvet and satin, | trimmed with goid braid, will take his stand on the crimson draped throne, while about him will be grouped his attendants, | all more or less richly and uniquely at. | tired. The ladies are somewhat reticent | | regardin§ their costumes, but the gentle- | men made no demurrer when questioned | as to what they were going to wear. | George Bromley, the court poet, is to | read a poem, and to be a sort of poem in color himself, since his_costnme will be a | | rather audacious combination of shrimp- | pink satin and wine-colored velver. Alfred Bouvier, the lord chamberlam, will read | the royal proclamation, his special type of | manly beauty being admirably set off by a | Hlowing robe of cardinal broadcloth faced with ermine. The other members of the royal retinue will be arrayed in costumes as rich in material as artistic in design. There were many tickets for the Mardi Gras issued yesterday. The chairs for the | spectators, who are not required to march, are all in place. There will be a costumer on hand with masks and dominoes, and also a dresser for those who will need making up. Ladies who go upon the floor must all wear masks. The invitation com- | mittee will be on hand all day to issue tickets for applicants. 1t has been decided to close all doors to the building, except the Mason-street en- trance, and to erect an awning from the carriage door to the street, as it is feared some accident might happen in driving around the house, on account of the steep- ness of the grade. Prince Louis of Savoy and Chevalier Alessandro Bertolini, captain royal Italian . | the matter. | ovinion that the law would not be sus- dark the boys and girls have been seen | drinking beer there.” Mrs. French said she was glad attention had been called to what she considered had a bad effect on children. As the federation is in need of fnnds to carry on its work, Mrs. Susie Baker, formerly a teacher in the public schools.in this City, was appointed a canvasser to se- cure subscriptions. ELECTION OF OFFICERS Names to Be Selected by the Board of | Commissioners To-Morrow. The Election Commissioners met yester- day and decided to begin on Wednesday t the selection of names of those who rve as officers during the coming election. The board debated some time as to| whether it should address the Supreme Court on the importance of deciding | whether or not the primary election law is constitutional, but took the advice of City and County Attorney Creswell, who said that it was unnecessary, as the Supreme Court is fully aware of the grave nature of Mr. Creswell gave it as his tained, but a motion to begin under its provisions was carrie Registrar Hinton stated that he had pre- pared a list of names from which to choose election officers, but confessed that he did not know the political complexions of his men. It wasdecided to gain the necessary information without tl]'le assistance of district leaders, and without even seeing a majority of the men. WATCHING RESTAURANTS, Eating Houses Ordered Cleaned by Market Inspector Ben Davis. Market Inspector Ben Davis of the Board of Health made another tour among the cheap downtown restaurants yesterday and made a number of discoveries that led him to warn the proprietors that un- less their establishments are at once cleaned up and kept clean reports to the board and condemnation by that body would ensue. In one place the sanitary conditions were so bad that he ordered an immediate cleaning and a suspension of business until the work was accomplished. Some of the places visited, notably a number on Pine street, were models of cleanliness, e e——— A Workman’s Eye. A stranger in the city stood in front of a Columbus-avenue .apartment-house in process of construction, apparently inter- ested in what he saw, and picked up a brick, which he turned over in his hand once or twice. “Lwill give youa jobif you want it,” said .the foreman, who had observed the stranger. “What kind of a job?” asked the other, as he shqok the brick dust from his gloves. *‘Laying brick. of course,” was the an- swer. “I know from the way you picked up that brick that you are a brickmason, and we are short-hanced, with the cold weather on us.” . % “Thank you,” answered the stranger. “‘Once I would have jumped at your offer, for thirty-five years ago I wandered these streets looking for such a job and couldn’t find it, though I needed it as much as any poor fellow in the city. I took Greeley's advice and went West, where I have laid tens of thousands of bricks, and em})loyed men to lay millions for me. Now I don’t need the work, but am pleased that you recognized in me a member of the craft.” he stranger was William McManus, one of the largest contractors in St. Louis. —New York Heral The salary of Poet Laurate Austin is £75, or about $350, We don’t know whether the “bad gray poet” draws it by the week or month, but the stm is fabulous in his case, when one considers that for “The Raven’” Poe received only $10. — e o - Acknowledged by All GREAT AMERICAN IMPORTING TEA CO.’S Teas, Coffees and Spices ‘froceedmgs THE PALACE GRILLROOM. An Innovation Imitated Ex- tensively Throughout the City. OTHER CHANGES NECESSARY. Gradual Increase of Dining Capacity Since the Advent of This Service. ‘‘He has carried every point who has mingled the beautiful and useful with the agreeable,” said a frequenter of the Palace last evening as he entered the grillroom for the first time since the place has been enlarged and improved. ‘“People who have been given to pooh-poohing San Francisco as an artistic city should see the Palace Grill,” he added. Itis true this department, as enlarged, his many pleasing features. What was until recently the billiard parlors has been turned into one large grillroom, which, with the old apartment connected by an arched doorway, affords guests more than double the former accommodations. The comfort of patrons has been the one thought in making all these changes. The costliest materials, the handsomest woods, etc., have been collected to render the interior as beautiful as the art of man can make it. The ceiling, thirty-five feet high, is studded with incandescent electric lights, while in addition there are combi- nation lighting fixtures of ornate design. The rich oak paneling, the' artistic mural work and the decorations have turned the walls and ceilings into lively companions, which in combination with the tables and tern and sparkling silverware give a very charming effect. Grillroom service in San Francisco dates from the advent of the present manage- ment of the Palace Hotel-four years ago. A small apartment on the Market-street front adjoining the barroom was first utilized. Soon, however, this proved in- adequate to the patronage accorded and talles were set in the barroom and two When these facilities no longer accommodated guests tables were ranged in the inner portion of the grillroom en- trance. It was only a short time, however, until this space was often very much overcrowded. To provide ample accommodation re- quires and caused no little annoyance to the regular . habitues, but no other recent change has done local pride solider service than this improvement. Another evidence of the popularity of the grill service of the Palace is the whole- sale imitation that is practiced in every re- sort of any consequence. While this has become so general that in the popular opinion it is absolutely essential that the restaurant, hotel and roadhouse have a grill to be reckoned of note, the Palace service has maintained a reputation as the leader so superior as to leave no reason for comparison. A POWERFUL PROPELLER One With Two Blades Recently Invented That Will Hold Water. The Spreckels Tug Reliance to Be Provided With the Apparatus, That Promises Power and Speed A new propeller that is destined to in- crease the power of steam vessels using chairs of old English oak of special pat- | reception-rooms to the east of the billiard | | parlors. the outlay of considerable money | Rome to build one for the tug Reliance. This will be 6 feet 6 inches in length, 6 feet 6 inches in diameter, with a 5-inch flange and 13-foot pitch, the depth of the flange being half that of the pitch. Its weight will be 3000 pounds and it will be cast of gummetal, nited States standard. It will e the largest of the kind in the world. The illustration gives a clear idea of the lines on which the propeller is built. Some years ago the Reliance and the Alert, another tug, engaged in a tug-of-war contest to determine which of the two ves- sels was the most powerfal iz towing. The tugs were fast to one another, stern to stern, by hawsers, and each pulled in op- posite directions, The Alert won. When the new propeller is putin the Reliance she will have another tug with the Alert, by means of which test its power will be demonstrated. —— Kept the Ten Dollars, * G. Kittleson, 1173 Howard street, gave John Hurley, a friend, $10 on Saturday to place on Hy Dy at the Ingleside racetrack. Hurley failed to make a return of the money and yes- terday Kittleson swore outa warrant for his arrest on the charge of misdemeanor em- bezzlement. He ‘was arrested by Policeman Ryan and booked at the City Prison. THE MOVEMENT INDORSED Labor Unions Pleased With the Convention’s First Efforts. Anxious to Enter Politics—Painters to Hold a Conference With the Bosses. The late convention of labor-union men was the principal subject for discussion among the members of the local labor organizations last evening. The deter- | mination of the leaders in the convention to secure the rights of the laboring classes by entering into politics and electing men to high positions who will stand for the rights of the wageworkers has struck home, and the action of the leaders is indorsed. | There is a general belief the unions that were not represented in the convention will soon affiliate with that body and thus make the entire working element as one body, one for all and all for one. There is one class of laboring men who have come boldly to the front and de- clared to a man in favor of the movement. The building trades members are very en- thusiastic in this matter, and were so be- fore the first meeting was held on Friday evening. When the call for the conven- tion was issued by the Trades Council the unions in the building trades were the first to appont delegates, and every dele- | gate was 1nstructed to throw all hisinflu- ence for progress, and not to let jealous figure or personal feeling stand in the way of advancing the cause of labor. How well the instructions were observed may be judged by the preliminary work of the convention and the enthusiasm with which the reports of the delegates were re- | ceived by the unions that met last evening. | In the Carpenters’ and Joiners’ Union | No. 483 the report was received with ap- | | plause. It was the same in No. 304. R. Maclvor’s report to the Painters’ and Dec- orators’ Union met with cheers. All of these realize that with the building trades’ membership of over 4000 workingmen and the other trades with thousands of en- rolled men equally in earnest the pros- pects of the laboring classes regaining some of their rights are assured. The work of the mext convention will be watched with a keen interest. At the meeting of the Painters and Decorators last_evening twenty-seven new names were added to the role. ~The paint- ers are confident that their demands, as published 1n an open_letter to the bosses, in Tue CALL recently, will be complied with. The demands, briefly stated, are for a complete change in their working sy tem, to take piace on March 1. This will consist of making $3 for painters and $4 | for decorators the minimum wages for a | day’s pay. Eight hours shall constitute a | day’s work, and last the building trades’ | working-card system shall be observed and - THE HALL SLOAN PROPELLER. been invented by two machinists—Hall and Sloane—and one on a large scale is being manufactured by White & De Rome of this City, manufacturers in brass. Itis built on the lines of the original propeller with two blades, and it presents the sec- tion of an auger. When the original pro- peller was first put into use it was discov- ered that in churning the two blades did not hold the water, consequently there was a loss of power. Subsequently the number of blades was increased to four and there was a corresponding increase of power. Messrs. Hall and Sloane conceived the idea of having a flange on the rim of a two-blade propeller, believing that in that lay the secret of obtaining the desired power. They went toa number of firms with their idea and model, but were unable to find any until they met the members of the firm named that would or could cast just what they wanted. They finally had a small one made, which was affixed to a small tug in San Diego har- bor, and various tests were made. These Best and Cheapest. *Try Them. Pretty presents given away free. 52 Market st., S. F. Headquarters. BRANCH STORES EVERY WHERE, demonstrated the efficiency of the new ap- paratus as to power and speed and it proved such a success that when the attention of Mr. Spreckels was drawn to it he, after a careful examination, ordered White & De this meams of propulsion bas recently | enforced. Word was received last evening that the master ‘painters had decided to hold a conference with representatives of the Painters’ Union upon this subject. The new iabor bureau established by Carpenters’ anfl Joiners’ Union No. 304 is proving a success. The burean is at 1153 Mission street and all the members of the union out of employment register at the bureau. The registration has not been as heavy as was expected and work has been found for a number of men. Thisis due to the fact that all opportunities for ob- taining employment are immediately re- ported at tbe bureau by those fortunate enough to have work. J. F. Valentine, the first vice-president of the Inpternational Ironmolders’ Union, has returned to the headquarters in Cin- cinnati. During his annual vacation he visited the Pacific Coast and made an in- spection of all the unions from Victoria to San Diego. The Barbers’ Aesociation at its meeting last night elected, in_addition to L. Less, W, F. Jansen and I Hodges as delegates to the new labor convention held last week. Seven new members were 1nitiated. The association will give a social at 102 O’Farrell street on April 2. Messrs. Krupschild and Cook were elected trus- tees. It was decided to arrest all barbers who keep open on Washington’s birthda, after 12 g‘dock noon, : % HELD THE TOP HAND, Samuel M. Shortridge Defeats the Board of Super- visors. IN THE POKER ORDINANCE His Demurrer to the Order’s Consti- tutionality Is Sustained by Judge Low. Police Judge Charles Low, in a learned opinion, has sustained the demurrer interposed by Attorney Samual M. Shortridge last Saturday in behalf of George Meyers, who was arrested last week for indulging in a game of poker. The dismissal of this case carries with it the discharge of thirty-three’ men who were arrested at the same time as was George Meyers and in the same place. Prosecuting Attorney William Madison represented the people, but failed to enter an argument against the authorities pre- sented by Attorney Shortridge showing that the ordinance framed by the Board of Supervisors was unconstitutional, inso- much that it conflicted with the State law by imposing a penalty in excess of that contemplated by the Legislature for viola- tious of the law against gambling. Judge Low’s decision is clear and con- cise, and incidentally gives his opinion as to the right of a magistrate to shift over to another court the onsibility of passing judgment in certain cases. It reads as fol- lows: The defendant herein was arrested and is charged with violating an ordinance of the Board of Supervisors of this City and County entitled order No. 2954, amending order 3 1587, and commonly known &s the poker ordi- nance. Defendant’s counsel interposes a demurrer to the complaint, the chief ground of which is that the ordinance is void because it is not in harmony with section 330 of the Penal Code regulating kindred and more serious offenses respecting gambling, which can only be pun- ished hy *a fine not less than $100 nor more than $500, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprizonment.” In disposing of the demurrer I shall confine myself to this point alone, as in my judgment it'is the most serious objection and decisive of the validity of the ordinance. It b gested to the court by those interesting them- selves in the good government of the City and the suppression of vice in all its varied forms that it would be more satisfaciory to the com- munity to have this ordinance upheld by the Police Court, and that if it 15 vice for t sons stated it sho: be left to a higher toso deciare it. That would be the been sug- course for me to take, and perhaps more politic. But I take it that whenever a Judge has_ taken an oath to perform the duties of his office, than which there are none higher among men, it is his solemn duty to perform that duty himself to the best of his ability and notlesve some other courtor Judge to perform it for h.n. And while I snall al- ways be found ready and anxious to u{lhuld the laws, whether siau1tory or municipal, and anxious to do all in my power to enforce those laws and regulations, without which there can be no safety for life and property, or comiort and pleasure for the citizens of 4 large city like this, L shall not on the other hand under- take to enforce any law or ordinance that the highest tribunal in this State has declared to be void, or one which I am satisfied is open to the same objection as those passed upon by this tribunal. To do otherwise wouid be uii- just to the defendant and reflect discreditably upon my own intelligence and honesty. It is unquestionably within the power of the City to enact ordinances for the good govern- ment of the place, not coniravening the laws of the State; but su must_be in har- mony with the State laws. The ordinance in question is not only an attempt to regulate the conducting of a certain business, to wit, the saloon business, which calling or comes properly within the police reg of a city, in order that it may be conducted in a proper and ecircumspect manner, but it also undertakes to make that a crime which until now has not been made a crime in this State, namely, tbe playing of the game of cards known as thegame of poker. It was per- haps intended only-to punish those who play the game for money in saloons and public places; but the ordinance does nmot so state. If the ordinance is valid one could be fined #1000 for playing the game without gambling. That would hardly be held reasonable, con- sidering the prohibited gambling games, such as faro, roulette, tan, etc., are punishable by fine of not less than $£500. In the case of ex parte Ah You, our Supreme Court says: *Mu- nicipal ordinances must be reasonable, and the penalties prescribed for their violation must also be reasonable as well as definite. The maximum limitof the fine or imprisonment must, however, be reasonable.” It then point out the unreasonableness of the ordi- nance which fixes the maximum punishment for visiting a house of ill fame at $1000, or s ix months in the County Jail, while by the Drovisions of section 647 of the Penal Code one who lives in or about such & house is punished only by imprisonment in the County Jail not exceeding ninety days; and the person who keeps the house of ill fame is punishable by a fine limited to $500, or imprisonment not ex- ceeding six months, or both. 1t was suggested to me by Mr. Damron, who appeared amicus curi@, that the Judge in this case could impose a penalty, in the event defendant should be fonnd guilty, which would be consistent with the State law on - the subject of gambling. In answer I quote the language of Justice Harrison in the Ah You case: “This power to determine the penalties which shall be incurred for the breach of ity regulations has been conierred upon the City, and must be exercised by its Board of Super- visors, and not left to the discretion of the Judge before whom the offense is tried.” The Board of Supervisors must itsell fix, within limits which are reasonable, the penalty to be incurred for the violation of each offense.” This same view was expressed by the court in ex parte Solomon, where the ordinance pro- vided for a fine of not less than $250 nor more than $1000, or imprisonment not less than three months nor more tnan six months,or both such fine and imprisonment, for simply having in one's possession a loftery tickets while by sections 320 and 326 of the Penal Code the graver offenses of conducting tha drawing of a lottery, selling lottery tickets and kindred offenses were punished by a fine not exceeding £500, or by imprisomment not exceeding six months, or by both such fine and imprisonment. Justice de Haven, who wrote the opinion in that case, which was concurred in by all the other Justices, says: “Suchan ordinance is not in harmony with the general laws of the State, and is unreasonable, and vold thin the rule announced in ex parte Ah Yo Counsel did not call this court’s attention to section 336 of the Penal Code, which makes it & misdemeanor punishable by fine not exceed- ing $500 or imprisonment not exceeding six months, or both, for every owner, lessee or keeper of any house used in whole orin partas & saloon or drinking place knowingly to per- mit any person under 21 years of age %o play at any game of chance therein. The ordinance in the case at bar fixes the fine for this offense at double that amount. Under the rule as laid down Ly the Supreme Court in the Ah You case this ordinance is, in my opinion, void. 1 therefore sustain the demurrer in this case, and dismiss the same for the reasons stated, Presidential Coincidences. John Adams was eight years older than his successor, Thomas Jefferson; he eight years older than James Madison; heeight ¥ ears older than James Monroe, and he eight years older than John Q. Adams. George Washington ended his term as Presidenc in his sixty-fifth year, and so, too, did John Adams, Thomas Jefferson, James Madison and James Monroe. Thomas Jeiferson and John Adams died on the same day, July 4, 1826, exactly fifty years after the signing of the Declaration of Independence. One other President— James Monroe—died on July 4. His death occurred in 1831 : Every President, it is said, with the sin. gle exception of William H. Harrison, hag had blue eyes.—St. Louis Republic. ————-—— Star Chamber Furniture. Some of the original oak furniture and paneling of the famous Star Chamber, which was abolished in 1641, came under the hammer in London recently. It in. cluded the whole of the oak panefing of the notorious chamber, together with several very fine oak cabinets and antique chairs, all of which are in an excelleng stute of preservation,