The San Francisco Call. Newspaper, March 3, 1896, Page 10

10 THE SAN FRANCISCO CALL, TUESDAY, MARCH 3, 1876. FREIGHT WAR 10 THE DEATH. The Southern Pacific Uses Its Ax on Through Rates. A BIG BATTLE NOW ON. Transcontinental Lines Pitted Against the Panama Route Combination. HUNTINGTON'S QUEER POSITION He Is Using His Railroad Interests to Injure His Steamship Property. There is no longer any doubt that it is now war to the death between the South- ern Pacific Company, with its allied trans- | continental lines, and the Panama Rail- | road Company, with its allied steamship Lines, on the A tic and the Pacific. And the most remarkable feature of this conflict is that to a very large extent the | same persons have interests in the oppos- | transportation companies, and the ication are that it is these very persons | having these now diverse interests who are | instigating or at least responsible for this anomalous condition of the transporta- tion situation. When last December C. P. Huntington, on behalf of the Pacific Mail Steamship Company, felt it -expedient to sign the | agreement framed by President Simmons of the Panama Railroad Company for a through line between New York and San Francisco via ama, it excited vconsiderable surprise, asthis agreement virtually gave the Pan- ama people control of the whole through freight situation. They not only had the right to fix the westbound rates, but re- tained the right to control rates to such an extent as would insure this route not less than 4000 tons of freight a month, provided the Panama steamers on the Atlantic side have the facilities to nandle such a tonnage. That the astute president of the South- ern Pacific Company should have thus placed the key to the whole transconti- nental fre those who were at one time the keenest s ; i b 4 and most powerful competitors the Pacific | formers were Orientals, who made music Mail Company and the transcontinental | railroads ever had was as unexpected to the punblic as it was eratifying to the Panama Railroad Company. In conse- quence, every shipper was curious to see what this apparent surrender of Huntington signified in reality. An increase in rates wasof course looked and it came. The figures via the isthmus route for eastbound freight went from 35 cents per 100 pounds to 60 cents for, per 100 pounds, and those via the all-rail | route advanced from 50 cents per 100 pounds to 75 cents per 100 pounds, making a difference of $3 per ton between the two transportation routes. About two months’ operation under these rates showed that the $3 differential was insufficient to attract business to the steamship lines, and February 10 the Pan- ama Railroad Company notified the Pacific Mail Steamship Company that it must m.ake the eastbound rates on certain com- modities that could be advantageously handled by the isthmus route 40 cents per 100 pounds. After considerable cor- respondence on the matter the Pacific Mail Company acceded to the request of its contractual pastner and sent out the fol- lowing circular toshipperson February 28: NOTICE. Change in rates By the Panama route, San Francisco to New York. Pacific Mail Steamship Company, Panama Rail- road Company and Colombian line. =Until further notice the rate for the above route on the following commodities, San Francisco to New York, will be 40 cents pex 100 pounds: v, asphaltum, beans, boneblack, borax, fruit, glue, mustard seed. manga- nese, ore, chrome, peas, quicksilver, rice, tallow, canned fruit, bal wine, canned salmon. These rates, while announced on Feb- ruary 28, cannot go into practical effect until the 8th inst., as the next Pacific Mail steamer does not leave until that date. * The Southern Pa , having had full knowledge undoubtedly of what was trans- piring, were fully prepared when the pub- lic announcement of the Pacific Mail Steamship Company was made to take snch action as would nullify the effect of these reductions via the Panama route. Yesterday, accordingly, the Southern Pacific made a 33 1-3 per cent cut on much the same commodities as those affected by the Pacific Mail reductions, the new rates to go into effect on the 7th inst., just a day prior to the sailing of the Pacific Mail Steamship Company’s steamer for Panama, These new rates on thé rail lines are as fol- lows: % On antimony, barley, boracic acid, borax, glue, manganese and chrome ore, dried peas, quicksilver in flasks, rice, mustard seed, tallow and wheat, from California terminal points on the Southern Pacific Company’s lines to New York or New Orleans, in carloads of 30,000 pounds, 50 cents per 100 pounds. On beans from the same California points to the same Eastern points, 50 cents per 100 pounds, and from Ventura and neighboring towns to the same Eastern points 6214 cents per 100 pounds. On wine, from shipping points in Cali- fornia to New York, New Orleans, Galves- ton and Houston, in carloads of 24,000 pounds, 50 cents per 100 pounds. On canned goods from California can- neries to the four Eastern points last named, in carloads of 30,000 poands, 50 cexats per 100 pounds. hese rates have all been reduced from the 75-cent rate, which was put into effect after the signing of the Panama-Pacific Mail contract. They make a differential of but $2 a ton as between the Panama and the all-rail route, and in view of the fact that experience has shown thata$3 differential was insufficient to bring busi- ness to the Panama combination, this Jatest move can only be interpreted as a dead set against the isthmus route. The next step of the Panama people will doubtless be to ask the Pacific Mail Com- pany to sgree upon a 20-cent rate, which would make a $4 differential. It has been admitted, however, by the representatives of both the Pacific Mail and the Panama companies that such a rate is not one that permits of a profit. : Just what Huntington expects to accom- plish by thus using his railroad interests Pan- | eastbound | t situation in the hands of | { | i to injure his’Pacific Mail property and in- cidentally, of course, the Panama people, is as yet a mystery. Knowing ones, how- ever, assert that he is heartily sick of the contract he signed last Decembver, and is now willing and even anxious to have the Panama people abrogate it. They even go so far as to say that Huntington expected to be able 0 swing the Panama people, despite the terms of the contract; that he found he was unable to do o, and is now desirous of being rid of that alliance. How he expected to control the Panama Railroad Company and its Atlantic steam- ship line is pointed out, they claim, in the developments of the last few weeks. It will be remembered that the Panama people had to run their steamers from Colon to New York without their quota of through freight. Complaint was made to the Pacific Mail Company, and the latter agreed to make good the failure to provide the amount of freight called for by tae contract by paying a certain sum as a penalty to the Panama Company. While the latter, under the circumstances, was forced to'accede to this arrangement, it made it clearly understood that it did not propose to be subsidized in this indirect manner, but would insist on being provided with its due quota of freight. : Shippers are much disturbed over the situation, as a rate war of this magnitude always results in unsettling the commer- cial situation. FLORENCE NEEDS COIN. Mrs. Blythe Hmckley Borrows $49,000 at 10 per Cent on a 50-Vara Lot. Previous to starting with her husband on her Mexican triv. Mrs. Florence Blythe Hinckley has found it necessary to raise a | large amount of cash by borrowing on' one of her most valuable real estate holdings. A note was recorded yesterday on which Mrs. Hinckley borrowed $49,000 from Mrs. Emma Joseph on the following-described property: Fifty-vara lot bounded on the south by Market and O’Farrell streets, on the west by Grant _avenue, on the east. by Brooke street and on the north by 50- vara lot No.905. The intérest named in the note, which is for twelve months, is 10 per cent, and a stipulation is made that Mrs. Hinckley can take up the note within the year by giving ninety days’ notice in writing. I ORIENTAL WUSICALE Girls of the Presbyterian Mis- sion Entertain Their Visitors. No Loud Effects Were Attempted and the Music Proved Pleas- ing. The Presbyterian Mission Home, 920 Sacramento street, was the scene of a novel musicale yesterday. All the per- and also Western on their native instruments, showed their familia with singing and pianoforte playing. To add local color to the musicsl effects, the rooms had been decorated with a good deal of Oriental bric-a-brac, Japanese and Chinese flags, lanterns and gay flowers. The American flag was also conspicuously displayed. A number of girls, ex-pupils of the home, who have become the wives of Chinese merchants, were present with their childien, arrayed in a manner which Solomon in all his eglory might have en- d. Their appearance, added to the gay Oriental dresses of the present inmates of the home, made the rooms seem a blaze of color and magnificence. Both in the afternoon and the evening there was a large attendance of white visitors, who applauded the music and drank tea, which was served them by Chinese, Japanese and Syrian girls. Visit- ors were expected to take away the cups as a souvenir. The programme opened with a_proces- sional hymn, “Onward, Ckristian Sol- diers,” which was sung by the forty-two girls of the home as they entered the board room. Another hymn followed, after which Master Woo Hop, a Chinese youth of some four summers, entertained the audience with a recitation. Fong Cheng, the star performer of the after- noon, is a young lady wno, in Chinese circles, is considered a great harp virtuosa. She played a solo on the Mongohan variety of harp in a way which brought down the house. Fong Cheng also accompanied King Sum, who warbled a Chinese volks- lied. There were a number of other interest- ing features on the programme, including kindergarten exercises by the children of the school, under the direction of Mitu, a clever Japanese girl. Mitu and Chida, another damsel from the Mikado’s king- dom, also sang a duet. An American song was rendered by Mr. Chukiamu and Mr. Minikichi sang the national air of the South Sea Islanders and two Siamese and Laos girls gave a skeich in national costume. Altozether the entertainment, which was managed by the ladies of the Occiden- tal Board, was a great success. There was a large attendance both afternoon and evening. SIEBE’S NEW DEPUTIES. The Outside Force to Assess Real and Personal Property Was Ap- pointed Yesterday. Assessor Siebe made his appointments of outside deputies yesterday, and to-day the entire force will be put in the field to assess the real estate and personal prop- erty of the City. The deputies will also mske a roll of all the male persons in the City and County over 18 years and under 60 vears of age, with the occupation, by whom employed, whether or not the owner of real estate and whether or not naturalized. The new deputies are as follows: J. Ateld, D. J. Almon, J. P. Adams, J. M. Bell- . L. Bromley, E. J. Bert, W. £, Bates, P. Beanston, A. Bell, H. Bienefeld, Charle: Bohlsdorf, J. G. Bloomer, A. E. Benjami; Cunningham, C. Clark, J.'C. Collins, bett, E. L. Clapp, J. A. Crall, E. J. Casey, D.S. Curran, M. Cornyn, J. B. Cook, C. A. Douglass, Henry Davis, J. W. Disbrow, George A. Davis, George Duveneck, J. F. Derhiam, E. J. J.E. Durnir 3 Freund, F. Detels, H. H. Enghish, F. A. Elliott, E. R. _Franklin, W.'C. Firebaugh, J. F. . Featherston, H. Francis, E. H. Frank, Thomas Green, Frank J. 8. Graham, H. Gerdes, J. D, es, J. Hirsch, Johin Hoesch, Charles 8. Harris, Chiarles Haller, E. L. Jones, D’ M. Jacquot, J. 0. Jewett, J. W. Joy, O. Koepper, J.R. Kirby, 8. D. Kendall,” J. Kiopenstein, G. Lingenfelser, John Lynch, F. J. Lang, R. Mc- Pherson, E. M. McNair, W. H. McNeil, P. E . W. Maguire, R. Muller, C.’H. M MeGurk, L. 8. Miclo, Charles Metz. ner, W. A. Newsom, James Nixon, Julius Na- than, A. J. 0'Loghlén, H. O'Brien, W. J. O N. Pierce, John Plath, W. A. Phillips, H. W. Quitzow, Charles Qunst, L. Ringen, F. Rich: D. Sullivan, E. Strouter, L. Strohe, F. C. A. Swain, George Sharp, P. Shanuon Swett, H. Stelljes, S. Shipper, D. , Louis Short, P, Shaen, P. Ta eil, N H. Westheimer, Henry White, John Wulbern, J. W. Woods, W. E. Wall, James E. White. Personal property this year will be as- sessed at the rate for last year, that is $2 25 on the $100. The Assessor gives notice that his work will be facilitated by the prompt payment of the tax, for the seizure and sale will be $20 additional. He does not send bills, and the tax must be paid before a receipt is given. B Most European nations average for the male five feet six inches of height; but the Austrians, Spaniards and Portuguese fall short of this standard. [UNDER A MANTLE OF FLAKY WHITE, San Francisco Streets Cov- ered With “Beauti- ful Snow.” SAVED THE FRUIT CROP. Enthusiastic Citizens on Market Street Arrested for Snowballing. SURPRISED THE NATIVE SONS. Three Inches Fell in the Sacramento Valley, but It Kept the Mer- cury From Falling. It snowed yesterday; it snowed in Cali- fornia; it snowed in San Francisco. The last clause is the only surprising part of this sentence. Itoftensnowsin California, though there seems to be a popular belief that when one has reached California one has passed beyond the snow line. But this is only true as to the valleys. Shasta and Mount Whitney are snow-capped the year around, and almost all the foothills north of San Francisco Bay, especially those of the Sieria Nevadas, have -glorious cover- ings of the white flakes all winter. The Tehachapi boasts a fleecy mantle part of As the Prayer-Book Cross in Golden Gate Park Looked This Morning Under*Its Snowy Mantle, every winter, and from the orange groves of Pasadena, Altadena and La Canada one may travel in an hour's time into deep snowdrifts. But the snow came down from the mountains yesterday, as it were, and mingled itself with the dust of Market street. And San Franciscans who rose early vesterday morning were greeted with a most unusual vision. All the hills around were white, the streets were white, the houses and trees and lampposts and_all things out of doors took on the virginal hue. Those who had not yet taken their morning eve-opener pinched themselves to make sure they were really awake, so The Early Morning Baker in the Snow- storm—as He Appeared to the Vivid Imagination of a “Call” Artist Who Left His Bed After the Smow Had Melted. strange was the vision, and Milk Inspector Dockery’s first thought was that some one had supplanied him and turned the con- tents of all the milk cans into the street. According to the figures compiled at the weather prophet’s office in the Mills build- ing the snow began to fall at 7:10 o’clock and had ceased by 7:17 o’clock. This, of course,1s only the record for the City. Outside and all about ‘the snow lasted much longer, so that all the hills, near [ and far, within sight of the highest point in this City, remained white and glisten- ing until late in the afternoon. In San Francisco the snow lasted on the ground for half an hour or more, and out in Golden Gate Park the hilis and trees were glistening white till noon. There was, in all, about an inch of snow- fall in the City, which is greater than any snowfall since 1887. February 5 of that year there was a fall of 3 inches in the central part of the City and of 7 inches in the Western Addition. TLis was a phe- nomenon for San Francisco, and, with the exception of the big storm of 1883, when it snowed here from 11:30 o'clock in the morning till 4:20 in the afternoon, is the largest snowfall of which there is any record. San Fraucisco's snow record is summed up as follows: 1876, January 20—Snow fell for ten minutes. 882, December 31—From 11:30 A. M. till 4:20 v M. 1883, February 6—A few minutes. 1884, February 7—At intervals, half an inch on Kearny street. 1887, February 5—Seven inches in Western ddition > - 888, January 4—Few flakes. 1888, January 16—.1 of en inch. 1893, March 10—One minute. 189G, March 2—One inch of snow. Yesterday’s snow was, in truth, a god- send to California. It snowed not only in San Francisco, but all over tbe Sacramento Valley as far south as Stockton; agd at Newhall, which is on the Los Angeles side ?l“the Tehachapi, there was also a slight all. It saved the fruit crop of the State,” Milk Inspector Dockery at Work Among the Cow Ranches Yesterday Morning— Slightly Exaggerated in the Interests of Impressionism. [Sketched from a *‘Call” artist's imagination.] said Weather Prophet Hammon yester- day. “Saturday nightI sent out bulletins advising the farmers to expect a fruit- killing frost. Sunday it grew colder. There was but one thing could save mil- lions of dollars worth of fruit—and that one thing occurred. The atmosphere be- came ladened with moisture. This kept the temperature above the freezing point. The lowest point reached by the mercury was 37 deg. Had the air remained dry the mercury would have kept on in its down- ward course. The cold wave has been general all over the State, but luckily the moisture has been quite as general. Pos- sibly some damage was done below the Tehachapi, but I do not think so. “No, tne danger has not passed yet. | Should it clear off while this coid spell lasts the thermometer would fall probably 5 or 10 degs. lower than it has been and then the fruit will suffer. But I do not expect this, It will probably rain again to-night, and I do notexpect it to clear off until after to-morrow.” R THE POSSIBLE EFFECTS. . Secretary B. M. Le Long Discusses the Probabllities of the Cold Wave. Secretary Le Long of the State Board of |. Horticulture stated yesterday that he had been rather uneasy over the possible ef- fects of the cold wave which has swept over California. He said, however, that it was too soon to be able to see the result of the remarkably cold weather upon fruit | trees in the interior. “In a few days from now we will be able to tell what damage, it any, is done,” he explained. ‘‘At the present, however, the | trees do not show any signs of withering from the cold. And yet I am afraid that the cold may have caught some of the tender young shoots before the rain and snow came. The apricots, peaches and some other varieties of tlhie earlier fruits are in blossom and liable to feel the cold badly. have not heard from the orange dis- tricts yet, but the cold wave appears from published accounts to have been quite generally distributed. Thisis the height of the citrns fruit seascn. Oranges are ripe and others are coming in. The frost has the effect of drying the juices in both the ripe and ripening oranges—that is, leaving them like nothing but so much dry, tough fiber, without flavor. It may be that the frost and the cold wave have caught the orange groves, but the proba- bilities are all againstit. All we can do now is to wait for a day or two for fuil information. “If the fruif orchards have been touched seriously at this season it may mean a heavy 10ss to the State.” e THEY SNOWBALLED. A Large Number of Snow-Intoxi- cated Skylarkers Arrested by the Police. As the snow accumulated on the pave- ments the novelty of the white visitation was such that the passers-by were seized with the snowballing fever, and the cold, icy globes began to fly through the air. Along Market street pedestrians were ereeted with a bombardment, street-cars received full volleys,and a number of glass panes were broken by the missiles. The sport was soom stopped, however, by the lice, a number of extra officers being detailed to check the dangerous pastime. The following were arrested on Mason and Market streets: Frank Roberts, bar- tender, Market and McAllister: John Piedemann, grocer, Haight and _Fillmore; Charles Huebsch, lather; W. Walsh, con- tractor; Joseph Blane, Albert Lehndorff, jeweler; Frank Cavalrey. 8. Morel, plumber, was arrested on Turk and Mason streets. All these were charged with dis- turbing the peace with the exception of Roberts, who was charged with malicious mischief. W. Craig, 43314 Linden avenue, coming out of the Grove-street Theater, was struck on the left eye by a snowball, making two deep wounds, which were dressed at the Receiving Hospital by Dr. Helms. PREACHERS IN SESSION. Methodists Pass Resolutions Respecting Bishop Goodsell—Delegates to the Convention. The Methodist preachers’ meeting was addressed yesterday: morning by Bishop Goodsell, who gave a chatty account of his recent pastoral tour through the State. “I Lave a very deep conviction,” said the Bishop, “that the itinerant ministry and the itinerant superintendency are just as much needed to-day as in any decade of our church.” $ Resolutions were passed regretting that Bishop Goodsell had nearly reached the end of his quadrennium and expressing the earnest hope that he may be permitted to return for another term of pastorate. The following delegates from California will be sent to the general conferenc Rev. J. Kirby, Rev. D. Buck, Rev A. T. Needham, Rev. E. R. Willis and Rev. Dr. Coyle. Presbyterian Ministers. Rev. B. F. Noble addressed the Presby- terian Minsterial Association yesterday on “The Doctrine of the Trinity.”” The speaker expounded the doctrine in a theo- lozical manner and upheld it as the bed- :ock of the whole foundation of the Scri p- ures. Baptist Preachers. The Baptist Ministers’ Conference held an informal discussion yesterday morning on home missionary work. There were no special speeches, but each of the breth- ren present contributed some views and experiences on the subject. STEAM ROADS NOT MEANT Argumént for a Mandamus in Favor of the Valley Road. WHAT THE LAW REALLY MEANS Decisions of the Supreme Court of the United States Quoted by Attor- ney Preston. The Supreme Court sitting in bank yes- terday heard the argument in the matter of the rehearing granted- some time ago of the application of the San Francisco and San Joaquin Valley Railway Company for a writ of mandate against C. J. Craycroft, president, and the Board of Trustees of the city of Fresno, requiring them to grant a franchise to the company named for the laying of a roadbed and the operation of | its cars through fifteen blocks of the city of Fresno, such being a part of its route from San Francisco to Bakersfieid. Five Justices were present, namely, Justices Beatty, McFarland, Garoutte, Harrison and Henshaw. It was agreed by the counsel that the two absent Justices should participate in the opinion to be rendered in the matter. It will be remembered that when the railroad company applied to the City Trustees of Fresno for a franchise to oper- ate the road through that city, City Attor- ney Moultrie advised that the franchise should be sold to the highest bidder. Not- withstanding that there was only one ap- plicant for the franchise the Trustees announced their intention of acting in conformity with his advice, for the pur- pose of saving themselves from any possi- le damage suits on the part of property- owners. % Colonel E. F. Preston thereupon applied to the Supreme Court for a writ of man- date and upon the statements made at that time the court denied the application for the writ. A motion for a rehearing was then made and granted and the argu- ment was made yesterday. City Attorney Moultrieopened the argu- ment with a statement that the Board of Trustees had proceeded to advertise for bids for that franchise under the statutes of 1893. Mr. Moultrie read the law besr- ing upon the matter. He announced that the positicn of the Board of Trustees is that they have no right to assume that the word “all railroads” refers to street rail- roads alone and that they must take the act as they find it. The petitioners con- tended that the words do not refer to steam railroads. ‘With reference to the contention that the act was unconstitutional because it sought to regulate legislation by county governments and municipal governments, the speaker argued thatit seemed clear that the act embraced bat one subject, and that was the subject of granung fran- chises. E. L. Preston followed on behalf of the petitioners. He argued that if the act was to be interpreted as the Fresno City Attorney prescribed it would be found that many statutes are spread on the booksthat seemed to have been placed in entire ignor- ance of the broad principles that underlie the subjects of which they pretend to treat. All railroad franchises derive their pow- ers from the general grantin the code, and are required to comply with certain prerequisites,such as the arhount of the sub- scription, and so forth. Subdivision 5 of section 470 of the code provides for a graut in presenti to the corporation, which is a part of its charter powers. That is limited in apother section, by which no railroad corporation must use any street, alley or highway unless the right so to use has been granted by the town trustees or other authorities. The act of 1893 uses the word “rail- roads.” That language is very. general, but if the statute is considered in the light of the construction given by the highest court in the country and by the settled rules of statutory construction, it will be found to be a judicial and proper con- struction of that statute to limit its opera- tion to such roads as come within the pur- view of the statute. The Trustees of the city of Elizabeth, N. J., passed an ordinance granting the right to lay tracks on its streets and attemnted to justify the opera- tion of a steam railroad under that charter, but the Supreme Court of New Jersey held that they could not apply the words “railroad’’ or ‘‘railroad tracks” to steam railroads, because it was not presumed that a grant of that sort would be made where there would be compensation to abutting property-owners.. That was the foothold upon which the New Jersey casa rested. In the United States Supreme Court there was a case where the word ‘‘rail- roads” was used indifferently, including both street railroads and steam railroads. That was in the general language of the charter of the city of Memphis, and that was limited by the United States Supreme Court and was construed to be appli- cable to steam railroads and not to street railroads, This opinion was based upon looking at the surrounding circumstances and the results that would flow from any other construction. In the case of Hummock vs. Farmers’ Trust Company, 105 United States Reports, the Supreme Court of the United States held that the statutes of Illinois relating to the sale of real estate under execution must be followed, but when they came to construe with reference to steam railroads they decided that it was impracticable and impossible to apply the law. It would be equivalent to splitting the charter into piecemeal where the road ran through different counties of the State; they de- cided that it should be sold as a whole. Hence the rule of the United States courts as tosales and redemption is that thereisno right to redemption in such cases. So the United States Supreme Court brushed aside all the proceedings in relation to chattel mortgages. They said that those provisions relating to chattel mortgages in the State of Illinois had no application to the personal property of a railroad, rest- ing their decision on. public use. n all these cases the main thought has been the broad general use of the public— the necessity of opening up new avenues for commerce to facilitate the conveyance of the products of the interior to the sea- board and of those of the seaboard to the interior, and this doctrine of adjudication has become the law of many States. The entirety of a railroad charter was the next thing to which Mr. Preston called the attention of the court. In speaking of the right of the people of Pasadena to ad- vertise for bids on a franchise the court spoKe of the sovereignty of the State in this matter. The constitution of this State regards these franchises as an en- tirety. All the methods of taxation, all the constitutional provisions regard them in this light. The State Board of Equali- zation pro rates them to the counties and to the cities. If this be true, if this be a broad charter for a public use from San Francisco to Bakersfield, 1f itis an entirety for every purpose, will it be supposed that the Leg- islature of this State intended that a bite should be taken out of it here, and a bite there by the highest bidders? The run- ning of the road over the highways of the county and over the streets of the city are simply incidents. That is a charter right which the railroad company acquired under the code. So, these statutes must be read with a view to the purpose for which they were intended. Itis supposed that those statutes will act for the public zood. These City Trustees have discretion,and it will be presumed that they will exercise that discretion for the publicgood. There can be no bidder for the right to run from San Francisco to Bakersfield unless there is another steam railroad corporation which has a similar franchise. Every steam road that seeks to run through a citv is a different use and a different fran- ise. ChDsoevm in the southern part of the State they tried to get out of this by supposin, that the road would be connected at bot ends of the city with a_through )-om'l‘i but that attempt failea. What class of bidders would there be for the privilege of going through Fresno on its way from San Fran- cisco to Bakersfield? No individual can bid for a franchise to operate a steam rail- d through the city. . m’i‘he‘ riguftn collect tolls is a part of the public use. The Trustees of Fresno may consent to the use o6f its streets as a parf of the general State franchise and cherter, and there can be no bidder unless there was another steam road incorporated be- tween the same termini. 2 Mr. Preston, in_closing his case, pre- sented the court with a longlist of authori- ties, and the matter was finally submitted. gt i i e AN ELECTRIC FIGHT. The “Mutual’’ Company Says It Has Been Unlawfully Interfered With. The Mutual Electric Light Company has secured an order of court restraining !he Superintendent of Streets from interfer{ng with the work of the plaintiff in putting up electric-light poles in front of the Blythe property on Market street. Work was commenced by the company early Sunday morning, but before the sidewalk had been broken in more than one or two places the police were notified, and Sergeant Birdsall, with” a squad of men, stopped the work. The poiice had been notified that the company would try to erect the poles without first obtaining permission, so when word was sent in that the work was in progress orders to stop the men or arrest them were at once is- sued. g In asking for an order restraining inter- ference the company directs its attack against Superintendent of Streets Ash- worth. Itisalleged that six months ago the company was given the right to lay conduits for the wires to furnish electric lights, and that as the owners of the prop- erty had requested the lights to be put in it had a right to erect the poles. In its complaint the plaintiff corpora- tion alleges that the Superintendent of Streets in preventing the work exercised his authority unequally, oppressively, un- fairly and contrary to law and in a way to discriminate in favor of the Edison Light and Power Company, whose lights are al- ready in place, and against the defendant. 1t is further charged that the Superintend- ent of Streets is attempting to prevent the Mutual Light Company from gaining a foot- hold on Market street, whers the lights of its rival, the Edison Company, are already established. Judge Seawell will hear the case. 0 MONUMENT FOR LICK A Marble Slab on ‘the Building He Gave Will Be Sufficient. So Said the California Pioneers at Their Meeting, After a Very Spirited Discussion. The Society of California Pioneers de- cided last night that the magnificent be- quests made to California and to science by James Lick were the best and the most enduring monuments to his memory, and that the $100,000 or more which would be necessary to erect in Golden Gate Park a fitting memorial for their dead benefactor would be more wisely expended in smooth- | ing the pathway of aged and indigent Pio- neers. Secretary John I. Spear read the follow- ing resolution, which was introduced at the preceding meeting by C. Vreeland : Resolved, Tnat it is the sense of the members of the Society of California Pioneers that this society should take measures to have erected a suitable monument to the memory of the late James Lick in Golden Gate Park. Charles M. Plum opened the discussion by remarking that the selection of plans and the building of the monument wouid robably require the expenditure of 100,000 or more. James Lick himself was a monument builder, and his magnificent bequests were his best monuments. He would never be forgotten while these re- mained. James King was of the opinion that the outlay for the monument would cut off some of the relief now being extended to aged and indigent Pioneers. E. B. Vreeland advocated the erection of the monument. The society had $200,000 in cash and $400,000 in real estate, and could well afford the expenditure. Judge Niles Searls and others spoke against the proposition and the resolution was indefinitely postponed. They were of the opinion that asiab on the Pioneer bailding stating that the property was the gift of Tames Lick woula be sufficient. —— e HE SHOT HIS WIFE. Charles Schopesa Prevented From Com- mitting Murder by a Boy. The preliminary examination of Charles Schopesa on the charge of assault to mur- der was held before Judge Campbell yes- terday. Or February 12 Schopesa fired a shot at his wife Anna in their house at 233 Green street, the bullet lodging in her hip. Mrs. Schopesa probably owed her life to Giovanni Fava, a boy. He testified- that he heard Schopesa and his wife quarrel- ing anda he peeped ihrough the keyhole of the door to see what was going on. He saw Schopesa pull a revolver out of his cket, and as he leveled it at his wife's mnrt he opened the door, sprang upon his back and struck his arm down just as the revolver exploded. Other evidence was given and the Judge held Schopesa to answer before the Su- perior Court in $20,000 bonds. SE e e 5 A German paper states that 521,000 shells were discharged by their armies against the French fortresses in the war of 1870-7 NEW TO-DAY. ISSCSSTSSsesa! Special Saving Sale. CHINA! Four splen- did barpains in Fine Thin China, hand- somely deco- rated. Pret- ty Salad or Fruit Dishes at 45 and 60 cents; our $1.50 Cake or Cold Meat Dishes at 85 cents and our 1.50 Pre- serve or Sauce Plates at 75 cents per set of six.. Monday, Tuesday and Wed- nesday only. THAT BIG CHINA STORE— A Quarter of a Block Below Shreve’s, WANGENHEIM, STERNHEIMN & Co., 528 and 530 Market St., - 27 and 29 Sutter St., BELOW MONTGOMERY. BINTS TO WOMEN. What Two Ladles Had to Say. “I wish I could only do something or take somethinz that would make me feel strongand well,” said a tired, worn-looking woman re-- cently. ‘I can eat nothing,Ihave no appe- tite, I suffer badly from indigestion and tired, miserable feelings. Ican getno relief.” There are thousands o; women who find themselves in exaetly the same condition as this lady. They er2 fecling out of sorts and “under the weather.” They seem to require something to stimulate them, renew their vi- tality and give them new life. The question is, What ought they to do in order to feel well ? The best answer to this question is to be found in the 1o!lo\vlng‘nrlni0ns of some relie le who speak from experience : flb-‘]lergeg la Fedde‘r’mnnn. 291 \\P. Fayette street, Balt'more, says: “Some time ago I suffered from terrible sinking speils and headaches as the result of a run-down system and extreme nervousness. 1 obtained no rg“ci until a friend persuaded me to try Duffy’s pure malt whiskey. After uslnf "h‘m‘l{l &vshux'l time I 2came fully restored to heaith. bfir.John ly\’clley Chase of Amesbury, Mass., years past my wife suffered and neryous prostration. Her mmended the use of & gentle stimulant. =he ras lately tricd Dufly’s pure malt whi-key with exc:llentresults. Ithas in- duced slee, and is building up ber bealth. While Mrs. Chase has always been staunch in her temperance principles, she has no_hesita- tion in 1ecommending Duffy’s pure malt to every one who needs the help of a healthful imulant.” 3 “K:ery person who has ever tried Duffy’s pure walt whiskey finds that it has a wonderiul effect in promoting health. There is nothing like it for driving away blue, despondent feel- ing and making weak, sickiy people strong and vigorous. PHILAI]ELPHIA SHOE €. ED ON A SHOE ISVITEAANIlV‘; STANDARD OF MERIT. 31,35, physicians 1 BUSINESS UNDER DIFFIGULTIES. AVE YOU PASSED OUR STORE RE- cently? If so, you could see for yourself under what diflicuities we are doing business. 'he Spreckels fence still stands. and the placing of the iron girders fom the foundation of the new Call building more or less blockades the street, and such being the casa we are compelled to offer extra inducements. The Shoes we advertise are not olds or ends. but regular lines, and although we have greatly reduced our prices, et we guarantee every pair we sell, This wee 2 drivé on Misses’ und Children’s fine Don Kid Lace Shoes. Theyhaye medium square toes and patent-leather tips and spring heels, and look neat and nobby on the feet. Chilaren's sizes, 9 t0 1014 Misses’ sizes, 1110 2.... .81 35 165 Here is another bargain—Lacies’ Fine Longola, Kid Oxfords, pointed toes and ups and hand turned soles: reduced to 7hc. These Oxfords s@{u regularly for $1 50, but we quoteth rice SO & to prove that we are's shoes below cost. B~ Country orders solicited, B Send for New Illustrated Catalogge. Address ! B. KATCHINSKI, PHILADELPHIA SHOE CO., 10 Third Street, San Francisco. UCCESSFULLY TREATS ALL CHRO & diseases of the head, throat, lungs, heart, ach, liver and bowels; kidney troubles, di; of the bladder and urinary organs, rupture, piles varicocele, hydrocele and swelling of the glinds, Loss or partial loss of sexual power in either men or women, emissions, sleeplessness, mental worry, bashfuiness, failing memory and ail the distress: ing ills resulting from nervous debility positively an: permanently cured. Gonorrhwma. Gleet. Strice ture and that terrible and loathsome disease, Syph- ilis, thoroughly and forever cured. WRITE vour troubles if living away from the eity and advice will be given Address . L. NY, M.D., 747 Market Sta(opposite Examiner Oftica), San Francisco, Cal you free ot charge, A FPHEYSICIAN WHO HAS DEVOTED THIR. ty vears to the treatment of biood disease, and who is in possession of a formula which_has never failed to cure syphilis in any stage, will take any case under a positive guarantee tocure orrefund money, Consult him at once. Write for full in- formation, free, to the Moffat Chemical Co., room 1, 632 Market st., San Francisco,Cal. Open evenings 710 8 and Sundays 10 to HALE NORCROSS STOCKHOLDERS WHO ARE cial extravagance and consequent unn sary ssessments, and who desire a radical chaos in the present management, will please write pp call Immediately at room '21, Stock Exchange building, Pine street. JEREMIAH LY NCH. HALE & NORCROSS JTOCKHOLDERS OF THE HALE S i e S HALE & Nom. gompany, room No. 26, Nevada block, and he 118 formed of the facts in relation to thegabove savit tisement. NAT. T. MESSER, °* omiesident Hale & Norcross Mining Company. ico—Room_No, 2 ovada block, 309 Mont. 0, Cal. b TIRED OF OF- gomery street, San Fran: IRON BEDS, BRASS BEDS, FOLDING BEDs* Hair Mag. New Montgome, t., und, 3 Holel, s';'nf”"“‘