The San Francisco Call. Newspaper, February 26, 1896, Page 5

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— e o TTEAN TEANCISnO CARL, W ED R JEERRANY o0 amee 0 0 i THE SAN FRANCISCO CALL, WEDNESDAY, FEBRUARY 26, 1896. 5 NARROW ESCAPE OF THE QUEEN The Steamer Was in Col- lision With the Bark Strathdon. HAPPENED ON THE BAY Captain Green and His Lookouts Could Not See Ten Feet Ahead. A VERY DENSE FOG PREVAILED | Owing to Detention for Necessary Repairs the Damages Wiil Amount to $50,000. The t the colli rible fatality which accompanied on between the Occidental and ship. The cost of it is said to have been over §7500, as' Henry Viliard, who built the steamer for a yacht in the palmy days Lhen he was the presiding genius of the | Northern Pacific Railroad, wanted to have the vessel perfect in every detail. When the bowsprit of the Strathdon struck that dome it did not take long to destroy it. The brass rods that protected it were sWwept away, there was a crash of falling glass, and that was the last of the dome. About the last thing to be swept away on the hurricane deck was a standard com- pass, which was twisted into all kinds of shapes, and will never be of any use again. Standing rigging and ventilators shared in the general destruction, and the hurri- cane deck looked as though it had been struck by a cyclone. i While the bowsprit was doing its work on the upper deck the martingale or *dol- (phin striker” was wrecking the lower | deck. Railing, stanchions, benches and | everything within reach was swept away | and only slender rods of iron, that bent to pressure put upgn them, were left to ahow | what had once®been the bulwark of the Queen. Strange to say there were no acci- | dents. An elderly gentieman from Por | land was struck on the head by a falling timber but only received a scalp wound. One of the cabin boys was cut by some fali ing glass but his injuries are only super- ficial. Outside of these no one suffered except from the severe shock. - When the collision happened everybody was on deck and as soon as the passengers | heard the crash there was a panic. They | all made a rush to_escape and fortunately | succeeded. Captain Green soon calmed their fears and after that everything was quiet and. orderly until the vessel docked. The cabin passengers on the Queen were as follows: Mrs. L. H. Tarpley, Mrs. 8. M. Morgan, Mrs, 1. Switzer. Mrs. J. George, Charles Mucker, | D, Ayre C. Abbott, C.'Warren, R. Hart, Robert Haight, R, Rochambo, F. A. Brassell, d d,T. 'A. Wise, H. Stock L. Hoftman, A. D. | Morden and wife, | a few minutes and after reassuring the passengers I docked the Queen.” Chiet Officer E. D. Parsons was_in “the eyes of the ship” when the collision oc- curred. “Iand two of the sailors were on the lookout,” he said, “Whether the beli on the Strathdon was ringing or not I can- not swear, but I think it was not. We were only a few feet away before we struck and then the bell rang out merrily. It was awful hard lines after such a successful trip under such unfavorable circumstances to wind up with a disaster at the last.’ Fred Heywood, the purser, had a narrow escape. e was in one of the staterooms swept by the jibboom of the Strathdon and had only” gone on_deck about two minutes before the collision took place. ‘‘As it was,” said he, “I got a pretty good scare and L am only too thankful that it Was not a worse one.’’ Captain Phillips Jr. of the Strathdon is confident that the bell on his vessel was rnnging and that vigorously when the | Queen wus pearing down on him. Hesays that when the big steamer loomed up he at once began paying out chain and had it not been for that fact his vessel might nave been cut in two. Later in the day Captains Metcalf, Thayer and Attwood, marine sur- veyors, went out to the bark and decidea that she would have to dock for repairs. At Goodall, Perkins & Co.’s it. was learned that the docking of the Columbia would be delayed and that she will g0 out in place of the Queen. The Portland 1echanics made an excellent job of the Columbia's rudder post and she is now as good as ever. Captain Goodall isin hopes that the Queen will be fully repaired by the time the Columbia re- turns to port. Then the latter will go-on the drydock ‘and the former will resume her run. The Queen has been oneof the most un- fortunate and withal one of -the finest vessels that has plied on the Pacific Coast. As before stated, she was built for Henry Villard, then a millionaire, at.d was named the “Queen of the Pacific.’”” While out with'an excursion party Villard’s captain THERE 15 10 PHRY LY. The Supreme Court Has Decided It Unconsti- tutional. IS SPECIAL AND LOCAL. Election Laws Must Be Ap- plicable to the Entire State. TWO TEST CASES DECIDED. | Sacramento Had No Interest, So the Los Angeles Case Carried the Opinion. | The “primary law” has failed to survive the scrutiny of the Supreme Court. It is | unconstitutional, the court says. 1t 1sl by & certain percentage of electors, as in the Political Code prescribed. The entire act prescribesan elaborate scheme for the conduct of primary elections by sworn officers, whose certificates of election will con- stitute the eredentials of the delegates to the varions political conventions—State, district and local. Not only is it a general law which should have a uniform operation, and notonly is the case to which it applies one in which “a general law can be made applicable,” but from an inspection of its_terms it clearly appears that it was designed originally to apply uni- formly throughout the State. This is shown by Yarious expressions scattered through its first twenty-four sections in which the original scheme of the law is embodied. Section 25, which fs in some respects incon- | gruous with other portions of the act, seems 10 have been a lateraddition. It provides for the election in Presidential yearsof delegates to & State convention 1o choose delegates to a National convention, and by a proviso is made obligatory only in counties which cast 9000 votes and upward at the last preceding general election. E But by section 26 this proviso is superseded by the proviso limiting the apblication and operation of the act to counties of the first and second classes. But for these two sections.we should have & law complete and full, capable of applying, and intended to apply, in every partof the State. It is not a matter for argu- ment or speculation, therefore, whether this is a case in which a general law should be made applicable. This uct, by its terms, shows that such s the cage, and if it did not, it is apparent that a law regulating the election of public officers, by prescribing the exclusive means by which candidates of the great political parties can secure & place on the official ballot, is neces- sarily & law of a general nature and capable of uniform operation. The act is, therefore, unconstitutional by reason of its conflict with section £ of article T and subdivision 33 of section 35 of article 1V of the constitution above cited. It isalso in conflict with the more specific provisions of subdivision 11 of section 25, article 1V, pro- hibiting local or special laws for conducsing elections. Counsel for appellants have made no answer to these objections to the validity of the act, and we know of none which can be made. An amicus curi@ makes an urgent appeal in be- hali of the law on the ground that it is agood law designed to_prevent, and capable of pre- venting, evils of great and increasing magni- The Steamer Queen and the British Bark Strathdon in Collision Off Lombard-Street Wharf Yesterday Morning. The Starboard Side of the Steamer From the Bridge to the After-House Was Almost Dismantled. The Bark Lost Her Bowsprit and Headgear. and the Pacific Coast Steamship Com- pany’s City of Chester about eight years ago was vividiy recalled yesterday. It was just such another morning and just about the same time of the , The fog on each occasion was so thick that the ! lookout covld not see ten feet ahead. When tke Pacitic Coast Steamship-Com- s crack steamer Queen started to v into port yesterday morning Captain Green had her under a slow bell, and being sure of his ship, never thought for an instant of danger. It was a little before 7 a and the tide was running in strong. It carried the Queen along ata greater rate than was calculated upon and before either captain, crew or passengers could realize their danger the steanier was across the iron bark Strathdon’s bows and the latter's bowsprit was raking fore and aft Luckily the lookout on the Queen gave a warning cry, and Captain Green managed, in a measnre, to sheer off. go full speed astern. By his presence of mind an awful catgstrophe was probably averted. Had the Queen struck the Strath- don fair and square on her starboard quar- ter the chances are that either one or the other of the vessels would have gone down. In the darkness it is doubtfui whether any | of the people could have been rescued, as the fog hnngb as close as a blanket to the ters of the bay. WaAi it was thinz:s aré bad enough. The Strathdon lost .part of her bowsprit, and the remainder is so bent and shattered that it will have to be replaced. repairs. As the vessel was loaded with wheat for England and had all her crew aboard, this will entail an expense that will run into at jeast $15,000. When the Queen emerged from the collision her starboard side iocked like a wreck. From the pilot-house to thedfter- nouse on the hurricane-deck there was almost a complete sweep made by the bowsprit of the bark. Starting with the end of the bridge, which was partly car- ried away, the work of destruction swept aft. Three of the staterooms on the hurricane-deck were wrecked. The next sweep carried away two'o!f the boats and the davits in which they swung. The boats were stove in and the heavy iron | davits a¢ once took them to the bottom. The two vessels kept grinding together and the Strathdon’s bowsprit next car- ried away the .two after boats, one of which hung to the martingale of the bark and another was crushed between the two vessels. All the stanchions and railing for over 150 feet went at the same time, and the big sailing-vessel’s bow- sprit was up against the dome over the dining-hall of the Queen. X This donve is said to have been the pride of every crew that ever worked on the He also gave | the signal to the engine-room to stop and | _Three of the | plates in her bow are strained, and the | prospects are that she will have to dock for | Mrs. J. W. Northup, Miss C. Gray, Mi Burns, Miss K. Blankship, Branden Clark, H. Burns, Mrs. C. Hansen, B. Palmer, A. W Fossburg, . G. Hitsman, Miss M. the Misses B. M. Lamar, H. and wife, parker, son, Kemish, Miss Rose Kalton, Miss Josie Wilson, F. M. 'Harter, wife and child, D, John Deliiter son, Mrs. A N Halla, 0. Magette, W Charles Norton, Mi: Mrs. Rose Cool eville, C. A. Bigelo 1by, Charles Weedler, L. R. Minard, ¥. . A. Block, J. H. Crawfard, Miss C. Dr. . H. Rand, Mrs. H. W. Llewellyn, J. Barber, M. Ander’ Mrs. Ca weliyn, Miss Nelson, Miss Rasch, Mrs. | H. Ralston, Miss Ralson, R. Rasch, L. G. Gar- nett, F. Williamson and wife, William Llewellyn Dubad, Mrs. Dubad, E. Wyman, | | James Roach, Thomas Eustis, L. Altman, Miss X. Hogeny, Miss E. Hogeny, J. P. Kennedy, W. R.Lutt, Miss Braggs. | _ Soon after the vessel was docked a_care- ful examination was made, and it was | then seen that the deckhouses,, both fore | and aft, had been moved outof plumb and would have to be practically rebuilt. The concise report of the collision, made | by M. Fitzgerald of the Merchants’ Ex- change, is as follows: | _The steamer Queen, inland bound from Portland, collided with the British bark trathdon, anchored in the stream off Lombara street, at 7 o'clock this morning. The Queen | had about 150 feet of rail on starboard side, | stanchions and staterooms, from third officer's roomaft to the hurricane deck, and dome car- ried away, lost four boats with contents and davits and other damages. The bark Strath- don had jibboom and headgear carried away. Captain Green gives the following ac- count of the trip of the Queen: “We left the Columbia River last Sunday,” he said, nd from the start had to contend against a heavy fog. In spite oi this obstruction we made splendid time down the coast and on Monday night we were off the | Golden Gate:. It was then as thick as | mush, so I determined to stand off and on until morning. The fog seemed to get thicker and thicker asdaylight approached and linally, about 6 o’clock, I determined to make for port. “It was all clear sailing in spite of the | fog until we were abreast of Black Point. Then the engines wers slowed down and from that time on everybody was on the quivive. I had three men stationed in the bow and others on the port and star~ board quarters. Oneof the quartermasters was with me on the bridge and every one of us was straining every sense to see or hear what was before us. Suddenly one of the men at the bow called out, ‘A vessel right ahead, sir.” I could not see any vessel as it was impossible 10 see ten feet in any direction. However, I ordered the wheel over thinking to clear everything but “failed. Instead of being right anead the Strathdon, as I afterward learned was lying with her bow north-northeast and was therefore on ourstarboard bow. When I first saw her we were about to cross the bark's bow and were right on top of her. The engines were reversed and we went full speed astern, but it was too late and the eeolision occurred. It was all over il ran the vessel on the rocks and she sank. After she was purchased by the Pacific Coast Steamship Company she started one day for southern ports with a full cargo aboard. One of the portholes had been left open and the vessel had to be raced for Port Harford, where she sank a few minutes after all hands had been landed. In Ausust, 1894, she was run on Cer- morant lsland, Alaska, and it was several days before she was got off. Later there was an explosion on board, while she was lying at Seattle, and a number of the crew were dangerously injured. The Queen had not been docked half an hour before the work of repairing her was begun. As soon as iier cargo is out she will be taken to the Merchants’ drydock and there overhiauled. SCIENTIFIC KITE FLYING. An Accident Interrupts an Experiment With Them Yesterday. Another experiment in kite-flying was made by the United States Weather Bureau vesterday from the roof of the Mills build- ing with the object of determining the feasibility of obtaining the meteorological conditions of th= higher atmosphere. The purpose yesterday was simply to test the action of the kites in a stiff breeze, and no instruments were attached to them. The bureau has thirty-three kites, the idea being eventually to fly the entire number at one time and. secure atmos- vheric data from the regions two or three | miles above the earth. Seven kites were sent up, when the main string broke, ending the trial. All of the kites were subsequently recovered. There was abou', 7000 feet of the main string out, and each kite was attached to it at a dis- tance of 1000 feet by a branch cord 200 feet in length. ‘The wind was blowing eleven miles an hour, and the kites soared at an angle of about 28 degrees. It was esti- mated that the highest reached an alti- tuae of about 3400 feet. The Kites, after they broke loose, hovered over the bay, one of-the kites having caught on a wire, and thousands of people watched them along the water front. THE CHARGE l!!SHIBSE'D. J. S. Bennett Discharged From Custody by Judge Campbell. J. 8. Bennett, head engineer of the Pa- citic Telephone and Telegraph -Company, appeared in Judge Campbell’s couft yester- day morning to answer tothe charge of battery preferred by his wife. When the case was called ' Prosecuting Attorne: Forbes asked that the case be dismissed. This was done. g Bennett was arrested last Thursday on a warrant’sworn to by his wife. She made various allegations against him, but none of them held in court, and 30 the case was let drob of itsown weambis. 3 special and local, it is at variance. with various sections of the constitution, and it isa special law in regard to- elections, something which the legal system of this State does not tolerate. There were two cases decided—one from Sacramento and one from Los Angeles— but the one from Los Angeles presented the issues more directly and was therefore more minutely considered than the Sacra- mento case, The case from Los Angeles was an: ap- peal from the decision of Judge Van Dyke in the case of Martin C. Marsh against the Board of Supervisors of Los Angelee County. Marsh sued to have the Super- visors restrained from purchasing ballot, boxes and other necessaries for the primary under the new law. Judge Van Dyke granted the injunction which Marsh sought, and the Supervisors appealed. The Supreme Court’s decision was as fol- lows: This is & suit by a taxpayer to enjoin the de- fendants from 'lpfihroprinlmg public funds of the county for the purchase of ballot-boxes and the payment of other expenses involved in carrying out the provisions of the act of March 27,1895, commonly known as the primary election law. The claim of the plaintiff is that the act is local and special, and therefore un- constitutional and void. This contention was sustained by the Superior Court of Los Angeles and the injunction granted. Appellants appeal from the judgment. There can be no question that the act is local and speeial, since by its terms it is to “apply to, take effect in and be in force only in counties of the first and second classes,” that is to say, in San Francisco and Los Angeles. The constitution allows the elassification of counties according to population for the pur- pose of regulating the compensation of county officers in proportion to their duties, and for that purpose a classification has been estab- lished under which San Francisco falls into the first class and Los Angeles falls into the second class. But the fact that these and other counties of the State have been classified for a piirpose which the constitution recognizes as & proper and necessary one doesnot relieve law relating to other and distinct matters from the objection that it is local and special if by its terms it'is limited in its application or operation to one or more classes of counties less than the whole. This act, therefore, not being a regulation of the compensation of county officers is local and special, notwith- standing it embraces two counties, each- of which constitutes one.of the classes defined in the county government act, and the only question to be determined is whether or not the subject of the act is one of those as to which special and local legislation is inhibited by the constitution. The act is intended to regulate primary elec- tions, i, e., the election of delegates to nomi- nating conventions, and not only in its gen- eral scope and nature, but by various specific provisions, is made an essential part of the general election law of the State. By section 21, for example, it is providea that no candidate can have his name ]Lunted upon any ballot as a candidate for public office at any general election in this State unless he shall have been nominated by a convention composed of dele- J gates chosen as the act.orovided. or nominal tude, but he does not deny that section 26 makes it_unconstitutional if it is allowed to stand. He suggests, however, that we should hold that section,void (he would have to in- clude section 25 alsof and the act. vaiid throughout the State. If we should do so we would be imposing upon the whole State & law which it is clesr the Legislature intended to apply in only two counties, and which would nototherwise have passed. This we cannot do, as it would be nothing short of special legisla- tion. If the act is as beneficial as it is claimed it is 1o be regretted that it cannot stand. but as we have more than once been compelled to re- mind the defenders of special and local laws we cannot have the advantage of such legisia- tion when it is good under a constitution which strongly prohibits it upon the &ssump- tion that it is generally bad. The judgment of the Superior Court is affirmed. Beamy, C. J. We concur: MCFARLAND, J, HARRIsON, J, GAROUTIE, J. Vax FLEET, J. TE: J HENSHAW, J. The case from Sacramento was the one first filed. W. A. Gett sued to have the Supervisors of Sacramento County ap- point the names required by the law from which the primary election officers would be drawn. He commenced an original proceeding in the Supreme Court in order to obtain an immediate decision, but the court holds that Sacramento was not in- terested in the matter at all, asthe law, unconstitutional as it s, applies only to cities and counties of the first and second classes, and Sacramento belongs to neither of these. The proceedings brought by Gett are therefore dismissed, the follow- ing opinion by the court explaining the reasons for such action: This is an original proceeding in which the petitioner asks a writ of mandate to the Super- visors of Sacramento county, Commanding them to perform the dutiesimposed upon Elec- tion Commissioners and Boards of Supervisors by the act of March 27, 1895, relating to pri- mary elections. The aet, by its express terms, is_restricted to counties of “the first and second classes, and consequently has no application to Sacramento County, or any other except the City and C(aumy of San Francisco and the county of Los Angeles, unless the contention of petitioner can be sustained that the classes referred to in said section 26 are those defined in section 4006 of the Political Code as originally enacted, which reads as follows: 4006—For purposes other than roads and s the counties of this State are classitied as 1. Those contalning 20,000 ifhabitants or over constitute the first class. 2. Those containinz 8000 and under 20,000 in- habitants constitute the second class: and 8. Those containing less than 8000 inhabitants constitute the third class. This section was a part of title I of part IV of the Political Code .relating to the govern- ment of counties as the same was regulated prior to the adoption of the present constitu- tion. By the act of March 14, 1883, entitled ‘“an act to establish a upiform system of County and Township Government,” the whole law upon this subject was revised and the ola law in most cases superseded. This being so, it is extremely doubtis whether the classification established by sec- tion 4006, supra, is continued in force for any porpose whatever. but conceding that it may in force with respect to- some matters regu- lated by ua(utesgns:ed prior to the new classi- fication contained ip the act of 1883, we have no doubt that the reference in the primary election law is to be the classes defined in the latest county government act and not to the classes established by section 4006 of the Political Code. It follows, therefore, that neither this vetitioner mor the respondents have any interest in the determination of the question which they have attempted to sub- mit—i. e., the constitutionality of the act of March , 1895, and that it ought not to be decided upon such attempted submission. Writdenied and proceeding dismissed. BEATTY, C. J. ‘We concur: MCFARLAND, J., HARRISON, J., GAROUTTE, J., VAN FLEeT, J,, TEMPLE, J., HENsHAW, J. As may be seen, the court was unani- mous in both opinions. WAS CRUSHED T0 DEATH Mrs. Harriet Wilbeck Is Killed by a Mission-Street Car. Deaf and Almost Blind She Did Not Hear or See the Advancing Deadly Dummy. Mrs. Harriet Wilbeck, 75 years of age, deaf and dim of eye, is the latest victim of | the trolley-car. The unfortunate old lady had taken ad- vantage of the beautiful weather on Sun- day last to visit the home of her son, at Twenty-sixth and Guerrero streets, where she spent the afternoon. On her return trip she walked part of the way, until near Nineteenth street, when, feeling somewhat tired, she stepped 1nto the street to hail a passing car. Another car at the time was speeding westward, and allowing it to pass, she ven- tured further on, heedless of the danger- bell which the east-bound car was ringing. She was either misjudging the distance or else believed she had timé to cross the track. At any rate, she was struck and rolled a dozen feet before the motorman brought the car to a stop. Mrs. Wilbeck was picked up and carried to the. drugstore at the corner. She was unconscious and bleeding from the nostrils and ears. Dr. Charles A. Dozier, formerly of St. Luke’s Hospital, was called to attend the lady and had her removed to her home at Leavenworth street, corner of Eddy where she died yesterday morning at 2:25 o’clock. The remains were conveyed to the un- dertaking establishment,of Porter & Co., where an autopsy disclosed that five ribs on the left side and the collar bone were | fractured. The scene of the accident is on a slignt | downgrade, and the car was packed witn the usual Sunday crowd returning from an uuliniz. Those who witnessed the af- fair say that the old lady was hidden from view by the westerly bound car, and when she stepped on the track she was but a dozen feet from the car that struck her. | The automatic danger bell was ringing and the motorman stopped thecar assoon as possible, but too late to save her. THE BILL. COUNTY FEE Attorney - General Fitzgerald Gives County Officers.Valuable Points. The county fee bill does not seem to be well understood by many of the officers of the State. Atrorney-General Fitzgerald, in response to various requests from county officers, has determined that under the new fee bill it is the duty of the County Clerk to collect 25 cents, first, for affidavits made before him by persons having claims against the county; second, on affidavits so made by pension claimants attached to their vouchers, for the reason that the act of 1895, commonly known as the fee bill, repealed the act passed in 1887 (statutes 1887, 81) authorizing the County Clerk to certify affidavits for United States pension claimants without demanding or receiv- ing fees or compensation. Upon this same subject the Attorney- General has also held, first, that no charze shall be made by the County Clerk for taking affidavits in the matter of applica- tions for marriage licenses, as the affidavits are a part of the service necessary to the issue of the same, for which the charge of $2 is provided; second, that a clerk should make no charge for taking affidavits in the matter of the registration of voters, nor for filing the same. He further holds that no charge should be made for filing official bonds or cert; cates of appointment to office. A specific exception 1s made as to such bonds and appointments by the fee bill. (Statutes 1895, page 268.) And, finally, that no au- thority is granted by law to the clerk of the Board of Supervisors to take affi- davits. ATTEMPT TO ROB. The Police Investigating the Case of George Knapper. The police are investigating the case of George Knapper, who lives in Kramer’s lodging-bouse on Sansome and Pacific streets. About 4 o’clock yesterday morn- ing he was found on the sidewalk in front of a saloon on Pacitic and Kearny streets. He was taken to the Receiving Hospital, where a wound in’ his scalp was aressed, and he was sent home. He said some men had attempted to rob him and had struck him on the head with some instrument. When he got home he gave the landlord 2 $20 gold piece to keep for him, as he was afmidganother attempt would be made to’ rob him. Yesterday afternoon the land- lord found him unconscious 1n bed, and he was again sent to the hospital. Dr. Fitz- simmons thought his skull might be frac- tured, and he was placed in a cot till a thorough examination could be made. Ha had $2 30 in his pockets. NEW TO-DAY. AREORAUT - 0K WHISKEY Is Five Years In Wood Before Bottling. E, MARTIN co., 411 Market 8t. San Franclsco. | MAKE MAN. Ths extras : g ordinary Re- Clijn;mpat:m\, Jjuvenator i3 e he most LPg L Ben wonderful e onn Ney discovery of e the age. 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