The San Francisco Call. Newspaper, February 22, 1896, Page 10

10 THE SAN FRANCISCO CALL, SATURDAY, FEBRUARY 22, 1%96. THE FIELD OF SPORT. What the Cycl Athl sporting events the lovers of out- ct from a varied wles a 25-mile road 1dro road, a cours- ,a regatta on Lake a football game at Central Park, in the Howard-street } soting at Shell Mound and | nzes and a trap-shooting | t at Alameda Point. | . | THE WHEELMEN. The Association Road Race To-Day. Officials of the Indoor Mest, The annual twenty-five mile handicap | road race of the Californi8 Associated Cy. contests ists and Other etes Are Doing. class B men of last year are included in this term, proviaing they are not receiving remuneration or training expenses for riding. A list of officials for the indoor races has been prepared as follows: Referees—Sanford Plummer, Col, .; R. M. Welch, Thompson, Fres Judges—H, H. Wh gan, B.C.W Sheldon, B. C. W H. Dunne, B. C. W. P. Howard, B. C. W B.C. W.; Al G. B.CO WS RM. C.W.; F. s, O. C. George F. Neece, Acing V. A. Dodd, Alameda ite, O. . H. Kerri- W WD H. Timers—George P. Wetmore, B. C. W.; George | George H. C. C. Strong, R. A, Menry F. Santa Cruz; A. Wickersham, Peta* Scorers—A. C. Thornton, O. C. W.; C. A. El- liot, B. C. ¥ . Scovern, 0. C.'W.; F. E. B John H. Suatton, (‘7. C. W Umpires — W. H. Tooker, L C. C. Ed Wilberg, ¥. N. Bent and K. S, Allen, the House Committee of the California Cycling Club. bs, to be held over the San Lean- 1 morning, attract en from thi nta Clara counties. also coming down from Santa Petaluma to witness the event, are several men from those places entered in it. The race is scheduled to start at o’clock, so thai the scratch men may get aw promptly at 10. Ridersand specta- tors from this City wili therefore have to take the S o'clock broadgauge boat and local train to Fruitv: There is agood road from there to San Leandro, a ride of about five miles, and the electric-cars are available for those without wheels. The entrants and their handicaps have | already appeared in toe papers, and the | list of officials was published exclusively in | THE CALL yesterday. The prize list, a par- | ticularly valuable one for a road race, is as | follows: For t time, gold Swiss split-second watch; nd. second ti et digmon 5 The place | 3 , ®old watch; sec- | ond, unset diamond: third, overcoat; fourth, dismond stud; fifth, diamond locket: sixth, sev- | enth and eighth, pair of tires each; ninth, one dozen Paris pai nth, bicyle lamp; elev- enth, hat; twelith, sweater; thirteenth, racing suit; fourteenth, pair bicycle shoes; fifteenth, Jenr's menbership in the League of” America Wheelmen; sixteenth and seventeenth, cy- clometers. There is 8lso a special club_trophy donated by the Olympic &nd a conditional prize of & $100 gold brick if the winner rides a certain make of tires. Those inevitable adjuncts to the prize list of a road race—sweater, racing suit, pair bicycle shoes and cyclometer, without which no race would be complete—are not missin| Altogether the arrangements for the event are perfect, and much credit attaches to the road racing and records committee of the association, which is composed of George H. Stratton, 0. C. W., chairman; Henry F. Wynne, C. C. C., and John 8. Egan, 1. C. C. Charles S. Wells and Harry F. Terrill of the Bay City Wheelmen arrived here by steamer from San Diego yesterday morn- ing. Wells has been trying for records at Coronads, but when the league abolished | class B he gave it up, as he did not want to | be put in the professional class, which would have been tne result. Terriil has | been traveling through the East for pleas- ure, and came home via San Diego to visit his brother, W. A. Terrill, who is Wells' | team mate. The latter remained there, | but wiil not ride for the present until he | decides what class he wants to enter, In fact all riding is stopped at that point, as the men want to know what the Eastern flyers will do, and do not want to impair | their amateur standings. Harry Terrill | raced at New Orleans and the Atianta Ex- position while away, and »on every event in which he started. He will be a promi- nent figure on the path in this State dur- ing the coming season. The wonderful Fowler sextuplet will | race the Empire State express in New York | State on April 23 next. This machine is | a wonderful contrivanceand can be briefly | described as follows: Length over all, 156 inches; wheel base, 125 inches; weight, 137} pounds; diameter of wheels, 30 inches; diameter of tires (largest ever made), 215 inches; there are four driving sprockets of 3,14 and 9 teeth; to cal- e the gear multiply the product (644) two large sprockets by diameter of | wheel (30 inches). result, 19,320; divide | this by product (126) of two smaller sprock- 5 It 1s tne on which Champion 7 merman raced whi exhibited at the Pavilion cycle show next month, Mr. Zimmerman having kindly left it here for that purpose. Charles A. Wikidel, m: door tournament to be held at the Me- chanics’ Pavilion next month, haa new entry blanks printed last Wednesday to conform to the various changes made in the racing rules at the annual meeting o the League of American Wheelmen, as stated in THE CALL upon that day, and they have been sent out to the various clubs. Itseems now, however, that they will bave to be revised again, as the latest advices from the East indicate that the league will not sanction Sunday racing under any eircumstances. Riders in fill- ing cut the blanks will therefore not enter their names for any of the events sched- uled for Sunday, March 8. The entries close Ssturday, February 29. There will be no professional events at all, the meet being purely amateur. All class A and Large | | Ventura’; | truth in the report | Burke, C. C. C.; James M. Hamilton, B. C. W.; Fred R. Butz, 0. C.; H. D. Hadenieldt, 0. C. W. Starter, Walter B. Fawcett; assistant, C. F. Gaines, Alameda. Clerk of course, W. L. Announcer, Wilbur The Pacific Cycling Club is now off on a pleasant outing, which commenced last evening, when the members rode to San Jose. To-day they will visit Mount Ham- ilton and Alum Rock, and revirn to-mor- row via Los Gatos. R. M. Welch, representative of the Na- tional racing board, has issued his bulletin No. 2, dated February 20, 1896, as follows: granted—February 22, Southern Intercol bruary ebruary Santa Maria; March 5, bicycle tournament, San Francisco. By recent action of the National Assem- bly L. A. W., class B has been abolished, and all riders of that class restored to their previous condition as amateurs. To avail themselves of such general reinstate- ment, riders in the employ of manufactur- | ers for racing or record-breaking purposes | must at once terminate such employment. The acts that have heretofore caused the | transfer of riders to class B will in future | constitute them professionals. Amateurs | may continue to ride at any distance from | ther homes, within the boundaries of their respective States. The final builetin of the National Racing | Board, just issued by Chairman Gideon, has the following ol interest to Califor- nians: At the meeting of the racing board on Febroary 10, at Baltimore, W. W. Hamilton’s record for the unpaced mile of 2:00 2-5, paced | to the tape by a tandem, was rejected. A. W. Cleaver of Los Angeles was reinstated in amateur class. Casey Castleman of Los Angeles declared professional. Suspension placed upon Charles M. Murphy raised. The Alameda Cyclers will have a ran to- morrow to Haywards, leaving the club at 9 o'clock. The club will have some speedy riders entered in the pavilion tournament next month. W. Pratt has shown great ‘apeed and endurance in training, and is looked to as a coming flier. Captain Pixley has called a run of the San Francisco Road Club for to-day to witness the road race at San Leandro, leaving on the 7:30 Loat. ~After the race the club will proceed on to San Jose, returning to-morrow. The applications of nineteen of the club members were sent on to the League of American Wheelmen yes- terday. Fred W. Leadbetter, treasurer of the Ore- gon Road Club, Portland, who was a prom- nent rider under the Bay City’s colors five years ago, is in the City on a visit. The California Cycling Club will have a run under Licutenant Egeberg to witness the road race. A try-out to select men for the club’s relay team will be held March 15. The Imperial Cycling Club now claims a membership of 214. & large percentage of whom have joined the League of American Wheelmen. - The members say there is no ; Fublished that tneir best rider, Frank M. Byrne, has joined the Reliance Club of Oakland. He will con- and enthusiastic meeting is expected and much good should come of the work. The L. A. W. visiting committee called upon the Olympic cyclers last night, and next Wednesdav eveningz will go over to the Reliance Club wheelmen of Oakland. J. L. Fry of the California Cycling Club secured twenty-one members for the league one day last week. The league member- ship is increasing at the rate of about fifty members a week. BPALDING. RS THE ANGLERS. Commissioners Who Favor Planting of Yearling Fishes. With the exception of a few large fish which were taken at Point Reyes last Sun- day there is little to chronicle of interest to midwinter anglers. Charley Cate lost two large fish because he used poor tackle. Cate, after disposing of several vards of rotten line, tried his luck in spoon casting and la beautiful fish. Al Smith losta fish, also, because of inferior tackle. Frank Dolli- ver surprised his friends by appearing on the banks of the creek with an eight-ounce greenhart rod. He hooked a fish and for- | getting that he had left his club at the ho- tel he struck savagely and smashed his rod near the middle joint. “I will make that fish sick when we meet again,” said Doliiver to a compan- ion, as he departed for the hotel where his 2l4-pound whale rod was resting at ease. Half an hour later Dolliver, who is possi- bly better known to the fraternity as Pro- fessor Leatherback, made his appearance and baited up for steelheads in the usual manner. He did not have long to wait for a tip that something lively was at the end of his line, and grasping the club he struck more savagely than before, and actually raised the fish clean out of the water. The deni- zen of the deep bad no possible chance for escape. According to ‘““Doc’” Watts’ Scottish timekeeper, the fish was landed on terr: firma 54 seconds after being hooked. Dolliver said that it was a game steelhead, and that he could not remember when he had such a long fight with a fresh-water salmon. It is said “Doc” Watt has hit upon a new idea in the way of spoon-making, and that the new spinner will prove a terror to large and small fish alike. the a magnet which will attract all kinds of things. The “Doc”’ was giving the new lure a wetting last Sunday, and he had not taken more than two casts when he hooked a two-pound trout, but his sur- prise can be imagined when a ten-pound salmon dashed from under a sunken log and grabbed up the trout, *‘The magnet could be plainly seen shining within the fish,’ said the “Doc,” “and 1 was having the grandest sport was feeding on the bank near by espied the brilliant thinz, and before I could make up my mind what was best for me to do in the premises, the porker plunged into the river and gobbled up the salmon. just give $5 to know_what has become of chewed him up by this time.” Tt is said that John Gallagheris enjoying good fishing at San Gregorio. The sport- ing editor received a letter from Sonoma yesterday which states that the day fol- owing a recent visit of a Deputy Fis Commissioner to the Sonoma Creek two men returned from Glen Ellen on the train with two baskets of trout. The Gualala Fishing Club, A. Stephens secretary, will_hold its annual outing {o- dav at Point Bonita. All rockcod, razor- back turtle and softshell crab fishermen are invited to the clambake on the beach. The first annual report of the Fish and York has been issued. The report is mainly devoted to the fisheries. In fact, if there is any criticisin to be made, it is the almost total ignoring of the game interests of the State, which leaves an impression that the commission and its aids are rich in wisdom in relation to the fisheries, but remarkably deficient in a knowledge of our game. The pollution of streams is very ably treated. It is stated that the present law on this subject is almost inoperative. is claimed by some that sawdust and refuse from mills will not injure adult fish destroy by this cause. Some valuable suggestions are made for the utilizing of refuse matter. It is gratifying, says an exchange, to note the able manner in which the com- has sometimes been made by those ignor- ant of the subject that fish culture is more for propagating game fishes for the few at the expense of many. The commission says: “The angler and the commercial fisherman both have their rights, which we are bound to respect, but our efforts are directed entirely to the propagation of food fishes.” The policy of the commission in regard to the planting of fish is unmistakably pro- claimed. It has no confidence in the planting of fry, and includes in the report the opinions of many eminent authorities on this subject. it favors the planting of yearlings only. e L THE OARSMEN. Regatta on Lake Merritt—Scullers Who WIill Bend Oars. All things are in readiness for to-day’s regatta on Lake Merritt in Oakland. The local boat clubs sent their race boats over yesterday, and the oarsmen who are to participate in the races are said ro be in fine fettle. The prizes are as follows: First prize, four - oared barge, gold filled Waltham watches. Single scull, first prize, gold filled Waltham watch; second prize, fold watch chain. Outrigger-skiff race, first prize, water-pitcher stand and gold-lined cups; second prize, gold collar buttons. Although the regatta funds were consid- erably diminished Mr. Pembroke succeeded in collecting money enough on the outside to get up handsome and valuable prizes. It was also through his efforts that the Stockton people became interested in row- ing regattas, and also that the Sacramento regatta on September 9 took place. The Ariel club will not enter a four-oared crew in the races to-day, owing to the ill- ness of Bob Eiliss, their stroke. The Pacific Athletic Association, at a recent meeting, did not sanction the race betveen the Columbia and University Boat Clubs, but as the South End crew failed to get a competitor from any of the local boat clubs, a race has been arranged between it and the University crew. The University crew are said to be ‘*‘cracker- jacks,” and as it has been the long- cherished wish of the South End crew to meet a University crew, the race should prove very interesting. There is consideralfie betting being done on the single scull race, in which nk Duplissea, William McCausland and S. J. tinue 3 ride under the colors of the Im- periald®¥ To-day the members will ride over to San leandro to witness the road race. Next Friday evening they will have a moonlight run to the park. Captain A. Bearwald and a number of the members of the Crescent Road Club left by boat for Stockton last night and will return awheel to-day and_to-moTrow. The balance of the club wi!l attend the road race to-day. The last regular meet- ing at the clubrooms, 811 Octavia street, was enlivened by a social entertainment, which the members thoroughly enjoyed. Ed Wilberg, F. N. Bent and R. S."Allen constitute the house committee of the Califorria Cycling Ciub, and no club ever had three more earnest workers for the comfort and convenience of its members. The Californias are pleasantly situated at the corner of Twenty-second and Folsom streets, with large parlors ana billiard- | room, and an extensive gymuasium, well supplied with all necessary apparatus, ad- joining. The members hope that the owner of the property will soon erect a fine brick building on the lot for the club’s especial use, and the house committee is now actively at work to that end. The_ public good-roads meeting of the wheeiing clubs and various other organiza- tions interested in good roads and streets Pembroke are entered. The betting seems to favor McCausland, — i DOG AND GUN. Glenbelgh Jr, Is Now Owned by a Member of the Country Club. The Lincoln Gun Club will hold its first shoot of the season to-day at Alameda Point. 1t will be an open-to-ali turna- ment, and as there are many prizes and many events on the programme, the pros- pects for a ftirst-class day’s sport at the traps are excellent. The shoot will com- mence with ten singles, known traps and known angles, after which will come one 20-bird nns three 15-bird contests, at un- known angles. On Sunday there will be team shooting in conjunction with a num- ber of class shooting events. The Olympic Gun Club will open the season of pigeon shooting at the Oakland track on March 3. Ata recent meeting of the directors the members who averaged 80 per cent in the past year were consigned to the champion class; those who made from 60 to 80 per cent will be placed in the “first class, and the second class will be composed of members who made 60 per cent or less. The officers elecied for the in this County will be held at Odd,Fellows’ Hall Tuesday evening, March 3. A large ensuing year are; Vice-chairman, Dr. C. W. Begbnd; secretary-treasurer, H. Jus- In the center of the spocn or spinner is | imaginable, when a big black hog that | Of course, that cleaned me out, but I would | that darned hog. Possibly Al Hall has | Game Commissioners of the State of New | | It | and the food for young and adult fish are | mission has met the absurd charge which | tins; executive committee, J. S. Fanning, C. A. Haight and W. J. Golcher. Dele- gates to tne Board of Governors of the Cal- iornia Inanimate Target Association are H. H. White, M. C. Allen, H. C. Golcher and P. B. Bekeart. 5 The California Wing Club will hold its first live-bird shoot of the season at the Oakland track on the first Sunday in March. The Electric Gan Club will hold a shoot on March 1 at Oakland track. George Crocker, a prominent sportsman, who has Purchlsed many valuable dogs, will soon leave for the East. He proposes to make his future residence in New York. Mr. Crocker has disposed of several good dogs recently, but he proposes to have & kennel somewhere in the East under the management of his favorite trainer and handler, Waddell. Among the fotir dogs that Mr. Crocker will have shipped to his Eastern kennel is Rods Chaff, a iavorite of the well-known capitalist and sportsman. Alexander Hamilton of the Country | Clup recently purchased the pointer Glen- | beigh Jr., which dog won second prize at the Bakersfield trials in the all-aged stake. The price paid wis $250, which is consid- ered very cheap by sportsmen who have seen the' dog perform. Glenbeigh Jr. will | Prove of much value to his present owner, who loves to shoot over a well-trained canine. The breeders of this City and Oakland are very well pleased to know that two judges will pass judgment on the dogs that will be exhibited in Oakland and San | Francisco this year. An animal that will capture blue ribbonsat both shows will certainly be entitled to the good opinion gl sportsmen who take pride in good dog esh. T | THE RIFLE. | n | What Phllo Jacoby Says of the Old Style of Shooting. Lovers of rifle-shooting will be present in large numbers to-morrow at the ranges { in Schuetzen Park and San Rafael. Ac- cording to some of the New York sporting | journals rest shooting, so called, is. having a boom throughout the East. Some of New York’s veteran offband shooters have | been making extraordinary scores at this | style of shooting. This is what Shooting | and Fishing, a paper which gives much | space and attention to rifle-shooting, says | on the subject: That it will become popular in San Fran- | cisco there is no doubt, as at the first meeting { of the California Schuetzen Club in rest | | matcnes entries were numerous and scores | | bigh. The veteran Philo Jacoby said of it: | “There is much to say for and against this | | style of shooting. Although personally I am | | averse to it, there can surely be said in favor | | of rest shooting that it equalizes more the | | | | | chances of the marksmen to make higher scores than in offhand shooting. Anyway, there can be no harm in_trying, especiaily as | men will enter competitions who will 50 in an ofthand match. 1 have often heard the expression, ‘Any one can shoot at rest,” but this 18 not the case. It takes as much | mental if not physical work (o shoot weil at rest as it does in offhand shooting. | i | An authority on rifle shooting, writes as } | | not do | | follows: Speaking of the muzzle rest recalls to my ! | mind the fact thas there is_quite & sentiment among many of our local rifiemen for this style of shooting. Itisa fact that only a few | of the many who take up rifle-shooting ever | Succeed in becoming good ofthand chote: As & consequence, discouragement follows, and many men give up the sport who would not do | 50 if there were & group in the various clubs | with whom they were affiliated who indulged | | in rest shooting. There are many things in | connection with target shooting that, to my | | mind, are best and most intelligently im- pressed upon one’s memory through the aid of | the muzzlie rest than by any other source, and | | I have often thought :fm many an acquaint- | ance who was a good, steady holder would | have made much more of an expert in offhand | | work had he given a little more attention to | principles that are best taught by the bench | rest. Itis the iay shooter who believes that ic | isasoft snap to shoot from the rest. Those | who have given it a little attention know | otherwise. | | | oS 1 THE BOXERS. Corbett and Fitzsimmons to Have a Chance to Fight in England. The National Athletic Club will, in all probability, match Peppers and Billy Gal- lagher for an eight-round contest at the | Auditorium in March. If Gallagher, who i |is at present in Los Angeles, will refuse to | meet the colored middle-weight, the latter | | says he will have no objection to a contest | | with Sharkey. Peppers has confidence 1n | | his ability to ‘‘stand off" Sharkey for eight rounds, and there arc many follow- | ers of the punching game who' strongly | believe that “the bhot stuff” turfman and pugilist can handsomely dispose of the champion of the seas ina limited contest, which is decided on points. When Peppers is in good condition and out to win” there are not many of the | | heavy-weight pugilists who can._ safely | | count upon putting him to sleep. In fact, | he is very liable to reverse things in | general. |~ Well, Fitzsimmons has settled Maher in | very quick order. The news of the fight | | and how it resulted was not a_surprise, as ! | everybody, with the exception of the cranks on sloggers, expected to hear of | | Maher's defeat. It is to be hoped that | Fitzsimmons and Corbett will now agree | to meet in England, where they will have i an opportunity of deciding that old | uestion — who is the better man ?| Tiey cannot exvect protection in this | country, as every Governor in America | is opposed to boxing, and. according | to Billy Jordan, the famous master of ceremonies, if England was to declare | war against America, the Governors of the | different States would protest against the | contest being held on the soil over which | they rule. in that case the only hope | America would have of whipping England | would be in a naval batile, where the | Governors would have no jurisdiction or | power of interference. In England Corbett and Fitz can engage | in a fistic dispute under the auspices of | one of the leading sporting organizations, | and they will be given a fair field and no favor. Both men in first-class condition, Fitzsimmons will find that Corbett is thor- oughly entitled to that distinction which he has enjoyed, and that is, champion of the world and also the most active and clever heavy-weight pugilist who has ever stepped between ropes. i ot COURSING. Dogs That WIll Run at Ocean View and Newark Parks. The result of the drawing for Sunday’s coursing meeting at Ocean View Park was as follows: Regent vs. J. Bradshaw’s May munds’ Unknown vs. F. Brown’s D. Murphy’s Lord Clifton vs. T. Br?hy'!.’umhovu J [ | | | | | | haw; vans' Dashaway vs. A. Merrill’s Snow Bird; Villa kennel’s Tempest vs. J. J. Larkey's Spinaway; J. Edmunds’ vs. Valley Queen vs. J. Sexsmith ission Boy; D. Leonard’s Will o’ the Wisp vs. Villa kennel's Electric. The Interstate Coursing Club will hold its first meeting to-day at Newark Park, HANDBALL. Olympic Players Will Hold a Busi- ness Meeting on Monday. The handball players of the Olympic Club will meet on Monday evening and not on Tuesday evening, as reported, to decide upon the much-talked-of question of a new court. No doubt the meeting will be enthusiastic, as considerable in- terest has been manifested in the pro- vosed erection of a first-class alley where the hard ball can be used as well as the soft ball. . To-morrow there will be games played at Phil Ryan’s court, which ‘any lover of the good old Irisn sport should not fail to see. The athletic bull of fare reads: R. Murphy and M. Edwards to play J. Collins and J. Whife; Thomas Ryan and G. Ward to play J. Brown and P. Barry; J. Nelson and D. Connolly to play P. Kelly and J. Slattery; J. Sweeney and M. Callahai to play F. Maloney and W. Sullivan, P. Donnelly, the amateur champion, and G. Hutchinson' to play J. Law- less Al Pennoyer; J. C. Nealon and B Killgallon, the Denver champion, to play J. Harlow. the Coast champion, and J. Riordon. The Union handball court managers have arrauged a good programme also for to-mor- row afternoon, | $150,000 therefor. POINTS ON CITY MONEY, Three Interesting Suits Decided by the Supreme Court, WEAVER GIVEN A SHADOW. A Judgment Which Must Be Cashed in a Fund Where There Is No Money. Three decisions were handed down by the Supreme Court yesterday, each having points of close relation, and all bearing upon the question of municipal finances. In the case of the City and County against Broderick, an action to prevent him from auditing election demands for 1891, which ran over the estimate of $150,- 000, the judegment was affirmed; the judg- ment affirmed was that the Auditor could not be restrained. In the second case, a similar suit against the Treasurer to re- strain him from paying the demands after they were audited, a similar decision was also affirmed. In the third case, one brought by C. 0. Weaver, one of the City’s creditors, to recover his money, the judg- ment refusing him satisfaction was re- versed and he was aliowed judgment against the City. In the Broderick suit, he stepped forward as soon as the audited claims for the elec- tion reached the limit of $150,000, which the Supervisors had set. The actual amount ran $40 000 over this, but an at- tempt was made to stop the auditing of any more warrants. In affirming the de- cision which allowed the Auditor to pro- ceed, the Supreme Court say The estimate which the Boa is directed to make of the necessities of the several funds es the basis of the tax which they will levy, is not a conclusive determina- | tion of the amount that may be expended by these several necessities, and although the failure to I & tax which shall raise a suffi- cient amount of money for these needs will prevent the expeRditures, yet if the money has been collected and is in the treasury, applica- ble thereto, its expenditurs or disbursement is not limited by the amount of the estimate. In this present case the Board of Supervisors was required 10 estimate the expenses that would be incurred at the general election for the year 1891, and in the exercise of its judgment deemed it necessary to provide the sum¥ of As the ineurring of these expenses was not under its control, it would not be competent for that body to determine the amount that would be expended, and its estimate would be at the most only an approx- imate opinion of the amount of the expense; nor docs the fact that its estimate was t0o low deprive the holders of claims for the excess above this estimete of the right to payment so long as there is any money in the treasury ap- vlicable thereto. The duties of the defendant are defined by | the consolidation act and other statutes, and it is not competent for the Board of Shper- visors by any ordinance or resolution to re- strict in in the oflice or to absolve him from the performance of his duties. 1f a demand upon the treasury has been approved and ordered paid by the proper board or officer, and is presentéd to him in proper form, and he has satisfied himseif thet the money is legally due and remains unpaid, and that nay- ment thereof from the treasury is authorized by law, it becomes his duty to audit the de- meand, and the holder of the demand has a right to the enforcement of this duty. He is not justified in showing any favoritism by auditing the claim of one person in prefer to that of another upon the theory that there may not be sufficient money in the treasury to meet all demands upon it, and, as the appeliant herein can in law have no choice as to which of its creditors shall first be paid, it cannot restrain the defendant from anditing demands against the City which have been properly al- lowed and ordered paid. Upon the opinions given in the Brode- rick case the court affirmed the decision in the case against the Treasurer. The third case, however, is a peculiar one. The Supreme Court offered a_shadow to the plaintiff in the suit. C. D, Weaver did some plumbing work for the Fire Depart- ment in December, 1892, and he submitted a_ bill for $451717. This was one of the bills waich tue City found itself unable to pay, so Weaver sued for his mone; ment was rendered against him appealed. The Supreme Court has re- versed the judgment of the lower court and has directed that judgment in favor of Weaver be entered, but that he be not paid except from the funds of the fiscal vear ending 1895. As there is no money from that year the judgment is not of much use to the creditor. He has his judgment and apparently that is ail he has, but there mav be some unpaid taxes for that year still outstanding, and should any money come in from that source his judgment may be paid The Citv was behind that year over $300,000. Tt is set forth that the unlooked- for increase in the election expenses was the cause of the shortage, but these surplus election expenses were paid from the general fund “and the authority vested in the Election Commissioners,” and it must therefore be assumed that the expenses were properly and legally paid. Whoever deals with a municipality, the Supreme Court says, does so with notice of the limitations of its powers and with notice that he can receive compensation only from the funds of the current year. Even if at the time of making his contract there are suflicient funds in the treasury, he is charged with notice that these funds may at any time be paid out for municipal ex- penses, and his is in the same condition as any creditor who has dealt with one whose sets are exhausted before he presents his claim. The Supreme Court found that when Weaver did the work for the City there was money in the general fund, and there- fore his claim was valid_in its inception, and he was therefore entitled to judgment. The depletion of the funds was no satis- faction to him, nor did it alter his right to recover, but it does not allow him to re- cover from any funds except those for the year in wiich the indebtedness was con- tracted. The order of the court is as fol- lows: The jud?menl 18 reversed, and the Superior Court is directed to enter a judgment in favor of the plaiutiff and against the defendant for the sum of $2226 69, and directing that the same be satisfied out of the income and reve- nues of the de!endln!,groyided for the fiscal year ending June 30, 1893, in accordance with the toregoing opinion. The question naturally arises, “What will Mr. Weaver do with his judgment, now that he has it?"’ SHARP'S STORIES SCORED, The Philadelphia Savant’s State- ments Indignantly Con- , tradicted. of Supervisors 5 The O'd Commander Hotly Denies Mixing Potatoes and Gravy With His Fingers. At last the long-drawn-out inquiry into the charges against Captain Healy of the United States revenue cutter Bear isatan end. The evidence for and against the veteran commander will be fully tran- scribed and sent with minutes of the court proceedings to tbe United States Treasury Department at Washington. There the Secretary of the Treasury and other offi- cers of the Federal Government having jurisdiction in the premises will weigh ana sift the testimony and pass upon the charges. Yesterday!s proceedings were brief, but not devoid of interesting features. The first witness examined was William Boundy, whose evidence tended strongly to weaken the statements of Dr. Sharp, Healy’s supposed Nemesis. In his testi- mony on Thursday Dr. Sharp stated that when Robert Wilson was in irons the cap- tain was heard to say to Boundy, “Hit him and report to me in two days.” Boundy tells a different story. According to his version Wilson, who is one of the Bear’s crew, injured one of the gun-covers and was placed in double irons forthwith in punishment of his carelessness. The captain, happening to pass by when the man was in_irons, remarked jokingly to Boundy: “I remember the time when You would hit a man a whack that would lay him up for a couple of days for less than that.” No more was said and the man was liberated after having been in irons for about an hour. 3 Boundy further stated that on various occasions he had heard Dr. Sharp refer to the captain in terms that were most in- sulting and contemptuous, making men- tion of the commander in the presence of the officers and crew as *‘that damned old brute,” and in language of similar import. Sharp had also told him that he hated the old man and had made up his mind to “do him up.”” On other occasions during the voyage Sharp had announced his deter- mination to make it hot for the captain. As to Sharp’s allegations against the cap- tain, Boundy testified that as far as he knew they were all without any founda- tion in fact. N. Nice of the North American Com- mercial Company flatly denied Sharp’s statement to the effect that Captain Healy had endeavored to pick a quarrel with Agent Gray of the Alaska Commercial Company at Unalaska. He said the cap- tain’s demeanor on that_occasion was dig- nified and becoming. He merely remon- strated with Mr. Gray on account of & sup- posed slight on the part of the Alaska Commercial Company’s employes toward the officers of the Bear. The captain di played no rancor whatever on that occa- sion. First Lieutenant Buhner of the Bear had also a denial of one of Sharp’s stories. Sharp said on Thursday that he had com- plained to Buhner of the intolerable soci- ety of the captain, and bad expressed a desire to live and eat with the crew rather than with Healy. Buhner denied that any sach remark or any similar remark had ever been addressed to him by Sharp. He said he had, since vhe inquiry opened, received a letter from Dr. Sharp taking him to task in bitter terms for not having testified more strongly against the captain during the investigation. R. F. Tilton, captain of the whaler An- drew Hicks, testified to Captain Healy sobriety during the month of August, 18 off Icy Cape. 5, He said he had known the captain by reputation since 1881, and per- sonaily since 1838. He had never heard anything against him in all that time, and believed it would be impossible to find any one capable of filling Captain Healy’s place in the event of his death or removal. But all other denials paled into colorless insignificance before the thunderous indig- nation with which Captain Healy hurled the lieinto the very teeth of the ill-starred Sharp. “Dr. Sharp,” said the captain when asked for his statement, ‘‘made a mean, outrageous and utterly mendacious re- mark about me during his testimony. The man had the shameless effrontery” to as- sert that it was my custom to mix potatoes and cravy on my plate with my fingers, I | characterize that statelent as being false as hell, but not so false as the heart of the man who uttered it. I was kind to Dr. Sharp, and treated him on tlie ship as though be were a respected and honored guest in my own house. I gave him objects of rare in- terest for his collection of "curios and en- deavored to accord him every courtesy. You have seen, gentlemen, the manner in which he has repaid me. As for the charees contained in the complaint, I meet them with a simple and unqualified denial. The testimony wil! corroborate my utter repudiation of them.” On Monday the judge advocate and Captain Healy’s attorneys will present their arguments, which will be transmit- ted, along with the testimony and other papers in the case, to the Federal authori- ties at Washington . CISPAR WHITKEY HERE The Writer on Amateur Athletics and His Views on Vari- ous Sports. Mr. Whitney Was Once an Explorer in the Great Barren Land—Ex- pert With the Bicycle. Caspar Whitney, the explorer and writer on amateur athletics, arrived yesterday from Puget Sound, and is at the Palace. Mr. Whitney was here some five years ago. Afterward he made a tour of the world, in which for a portion of the way he used tle bicycle. After this again he visited and explored portions of the Great Barren Land in the far land of the muskox to the north. Since his arrival to the coast a couple of weeks ago, he has been gathering informa- tion regarding the various branches of amateur sports. Mr. Whitney has severely condemned the Reliance and Olympic clubs as to the handling of their baseball and football teams. He sticks to what he has said, that the San Francisco and Oakland clubs are con- tinually going outside of their members for star players. By this means, he says, that, in addition to being unfair to their own struggling members. who are doing their best, they violate the amateur rules recognized all'over the country. According to his story, the Olympic and Reliance clubs are the worst of all. Still he considers the Butte football team one of the most farcical in the country. Itis kept up by W. A. Clark, the millionaire, and he is bolstering it up. Mr. Whitney says the trouble on the coast has been getting worse from year to year. The pace was started when the clbq]hs began importing players of star ability. Mr.yWhltnev will probably be here for some time. He is making a special study of athletics while here. A Valley Road Clatm. The San Francisco and San Joaquin Valley Railroad hes filed a claim for the 70 per cent due on his subseription to_the capital stock. The estate of Joseph A. Donohoe subscribed for 250 shares of the railroad stock, at #25,000, and there is still due on the subscription §17.500. 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