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THE SAN FRANCISCO CALL, SATURDAY, MARCH 7, 1896. Kingsbury and staff will be at the and have full charge of the affair. The time bas come when the organiza- tion should change its name from **Boy: The players in each team will average about 150 pounds, which indicates something more than “boys.” There are members in both teams that will soon en- ter college, and if they continue to im- prove in their playing as they have in the past year their names will some day be found among the list of experts in this sport Cartain Morrison of the Fifth savs that the tzam 1s 1n better condition than it has ever been since its organization, Position. and Regiment. Fifth Regiment. e z = Switzer a, -Captaln Morrison eciment team: Hamlin, erzuson and Neauer, Second Regl Atkinson, Jacobson, Diamond, Gray Those who intend t 0 witn should make an effor tegttmnit Lo t to reach the park by 0 o’clock, in order to hear the pconc:?l v the First Brigade band. The band will ¢ under the leadership of Ernest Webb, *ill play several new marches and oucert pieces by special request. e HANDBALL. Programmes Arranged by the Court Managers for To-Morrow. At the San Francisco bandball court on Howard street an interesting game will be '\'me_seed to-morrow afternocon between © of the most expert local players and © men who are on a visit from Denver this City. The invaders are said to be very clever and may possibly turn the tables on their opponents. The pro- ramme arranged by General Phil Ryan s a good one, as the players booked to contest are very eveniy matched in serving and general piay. At the Union handball court Tim Jor- dan and William Keohe will play M. Mor- ton and M. M. Millet, J. Kennedy and William McManus will piay William Leonard and T. Moore, Terry McManus nd P. Johnson will play T. Leniban and ‘.\lc(.vumu. J. J. Feeney and J. Roger 1 play R. Eenihan and M. Dillon. The followingPhandban games are to take place at P. Ryan's San Francisco ball court Sunday, Mareh 3: M. Edwards and R. Murphy to play J. Collins R h . Rodgers to Neil and J ay P. Ryan and G. McDonald; J. Nelson and Hutchinson to play P. Kelly and J. Slattery; Pennover and J. Kearney to play n and W. W ms; J. Riord: lon to play T. F. Bonuet and 1 J. Harlow, the coast chempion, and J. Lawless 1o play P. Donnelly, the amateur champion, and M. J. Kiligallon, the Denver champion, the game 1o be the best three out of five, Z1 aces. —_— Coursing. The drawing tor to-morrow’s coursing at Ocean View Park took place on Thursday evening and twenty-four dogs were entered. Following is the draw: White's Tippler vs. J. Tracy’s London, G. Etarlight vs. D. Chillas' santa kennel's Shamrock vs. Me- Walton's Bobolink vs. ans’ Mascot vs. J. Baxter Olmos’ Dairy Maid vs. W Clitton, J. Baxter's s Mission Bo <. W. L. Trade's dmoore vs. P. Mu y, E. Craven’s Levina C v e C, C. Evans' Dashaway vs. G. Bur- ix, C. Coop’s California Violet vs. M. Midget. ng will positively G. im, P. ke Ya E. S begin at 11:30 L Tegns A Baseball Game. The St. Francis Young Men’s Society the Llah Club will play a game of hall Sunday morning, at 10 o'clock, t Bay and Stocton streets. The following the make-up: Liah Club. Pitcher. Catc THEROSENNLD NENGRAL A Lecture That Carried Out the Late Musician's Last Wish. An Interested Audience Listens to Instructive Remarks and Good Music. The last lecture written by the late Pro- fessor Rosewald was read yesterday after- noon by Professor Bernard Moses at the Columbia Theater for the benefit of the Rosewald memorial fund, tributary to the dents’ loan fund of the State Univer- lecture, which was on descriptive and characteristic music, was finished by fessor Rosewald only & few hours be- re his death. He had intended to de- ver it for the benefit of the needy stu- dents of the State University, and it was owing to Mme. Rosewald’s energetic desire to carry out her late husband’s last wishes that yesterday’s benefit took place. graceful tribute was paid to the mem- v of the musician who had written the ciure by having an excellent picture of m placed on the stage. Some able musi- ans had given their services toillustrate the lecture according to the writer’s inten- tions, and both Professor Rosewald’s text and the musical illustrations were listened to with marked interest by a fairly large audience. In addition to being interesting, the lec- ture was extremely instructive, though the educational portions of the remarks were conveyed so pleasantly and led so turaliy up to the 1lustrations that the andience did not feel for a moment any WILL RUN FOR GRIFFIN The Ex-Jockey Secures Colonel Wheeler Out of a Selling Event, THREE FIRST CHOICES WIN. Kowalsky, a Hot Favorite, Beaten by the 1o to 1 Qutsider Midlo—Grat- ify Won Easily. The firm of Burns & Waterhouse seems to be singularly unfortunate in having its horses entered in selling races bid up. Trainer “Jimmy” McCormick appears to be an adept at placing the horses under his charge, but every now and then these ‘'soft spots” prove a trifle expensive. Yes- terday the stable had Colonel Wheeler, a youngster, by imp. Midlothian, that has won all of the races he started in most im- pressively, entered in the four-furlong dash. The company was very ordinary and the colonel was a 3 to 5 chance, which looked a very long price. He won ashe pleased, with Gordon, a black colt, owned by “Tom" Griffin, finishing in the place. | Griffin once lost the stake horse, Henry Young, out of a selling event, and so badly rufiied were his feelings on that occasion that he Las ever since been on the lookout and in gentle lifts the ex-jockey pid him up to $2000, at which figure the siable ceased bidding and the youngster changed owners. As balf of the run-up money re- verts to the owner of the second horse, Griiflin undoubtedly secured quite a bar- gain. The card was made up entirely of selling events. Favorites reached the wire in front on three occasions. The downfall of Kowalsky, a very warm choice, was one of the unexpected defeats of the day. The opening event was a six-furlong sprint, with twelve facing the issue. Little Jimmie ruled 22to 1 choice, with San Marco next in demand. Mosier, from the stable of A. B. Spreckels made his first appearance and was backed down from 10 to 4} to 1. Franco was in front for a quarter, when San Marco took the lead and, never headed, won easily a length be- fore Mosier. Adios, an outsider, was a fair third. The next event was also a lixdurloni run, with Artist to the post 2 2 to in favorite. sanuori![’o ‘man, with his usual showing of speed, showed the way to the stretch, where the favorite supplanted him and ridden out beat Walter J a length. Tobey, a backed good thing, was never | dangerous. The fourth race at the same distance looked a certainty for Kowalsky, and the backers of the brown colt accepted 3 to 5 as a good price. Eddie Jones astride of Midlo, who had gradunally wandered back in the betting until his odds reached 10 to 1, took the outsider out in the lead, with Garner on the favorite taking matters easy behind him, waiting for the Mid- lothian gelding to stop as he is wont to do. 1t happened to be one of the days that he was not thus sfflicted, and Garner awak- ened to this fact when it was too late, for, tardy at making his ride, the first choice was beaten out a head on the wire. Pigque finished a fair third. For the last event, at seven furlongs, the Westchester stable’s Gratify was the warm- for horses-that he considered ‘‘out of line," | especially when one of his own happened | to finish behind one of that class. Colonel Wheeler was entered to be sold for §700, | est sort of a favonte. Opening at evens, his odds were speedily forced dawn to 3 to 5. Jones, who had the mount on him, took the lead from Fortuna at the far turn, and, never pressed, won easily, with the “THE CALL” RACING CHART. F Weather Fine. Track Muddy, iftieth Day of the Winter Meeting of the Pacific Coast Jockey Club, Friday, March 6, 1896, 802 FIRST RACE—Six furlongs; selling; maiden three-year-olds and up; purse $400. Index.| Horse, age, weight. sr..i w | % | 3 } str. | Fin, | Jockeys' ;0:‘“'" < 758 |San Marco, 8...... 1h | 28 3 Mosier. 3 | a3 11 5 1 72 | 52 15 g 84 | 62 2 sn | 31 0 5h | 73 100 1 12 |10 30 2n |4 2 103 | 8% 5 | 83 | 8 10 00 015 |11 20 1 81y |12 100 Starting-gate used. Won bandily, e,1:18. Tim¢ P. Dunne’s ch. c., by imp, St. Blaise-Round Dance. 803 SECOND RACE—Six forlongs: selling; three-year-olds and upward; purse $400. Index. | Horse,age, weight. | St.| 34 | 3a % | s | Fin [ Jockeys. !‘,“‘,Bll"‘a |Artist, B......... 109/ 3 81 215 | 315 | 12 |Shields... 95 Walter J, S......_. 1001 @ | 61 | 8n | 84" | 28 [McClam 7 Sentr Hoftman, 100/ 1 12 | 18 |13 | 8 [Macen &2 ful, 3 215 | 42 42 43 |Cochran. 2 6. 0 83 9 | 54 |Slaughter 10 51 | 53 | 54 | 66 |Bergen.. 4 73 | 62 | 6 71y |Frawle 20 46’ | 8¢ | 8 | 86" |men: 300 86 | Tig | 7 | 933 Wilson . 300 55 12072 {10 |10 [Mesugn: 50 painful conviction of being taught. Mausic was defined in the lecture, and its effects on persons of different temperament were pleasantly and interestingly described. 'Music, acknowledged as it is to be the divinest art, should do more than please. This is the effect, but what is its cause? We find this in the secret thoughts of the composer.” < Muosic wes divided into characteristic and descriptive music, the former tending to idealism and the latter an open book, plain to all. Some interesting experi- ments of the effect of music on idiots were given, the writer stating that he had per- sonally investigated and had found these mentally afflicted people to be affected by variations in melody and rhytbm. People who were not weak-minded, but whose souls were not moved by concord of sweet sounds, were also dealt with. “Friv- olous people,”’ the audience was told, “like jingling music. Choleric, vivacious people are addicted to quick music with plenty of movement in it. and those of phlegmatic temperament are more occa- pied in counting how long it will take to play the piece than they are in enjoying the musie.” 4 Five periormers furnished the illustra- gave a brilliant ren- i b 's “Andante and his rfengerlng ‘ol‘ Leon de St. Lubin’s seiting of the sexte! from the *“Lucia” was a2 remarkable niece of work, for the whole six voices sed to sing from his violin. Miss Ada gel played two Chopin pianoforte solos tions. Sigmuni ering of the Baint Baen Rondo Capriccioso,” and ee xcellently as a violin solo. Miss L. nd Frank Coffin were the vocal- former won applause for the and “The Erl Kipg,’” but the as scarcely in his element with the r scene and romance. Jaulus played a reyerie by Jen- | -gate used. Won handlly. Winner, Grant Gilman's b. b., by imp. Darebin-Hirondelle. Index.| Horse, weight. Ingleside. 7 T 7 % | s | #in | Jooxeys lom oy F | '35 88 | & 7 50 100 B 12 5 5 a0 100 .13, Chorn. 8 10 Startin; -gate used. Won easily. Time, :501% s & Waterhouse's ch. c., by imp. Midlothian-Agnes. 805, FOVRTH RACE—Six furlongs; sellivg; throe-yeacolds and upward; purse $400. Index. | Eorse, age, weight. [St.| 14 | Pai s 711 | Pigue, 3. 787 |Jack Richelien, a1 we.si .. |SIF Reel, a. 801 |Sligo, ... | Betung. op. Gl 7 12 7 Shields. .. Starting-gate_used. Electric Light. Tim Won driving. Winner, Burns & 1:36%. ‘Waterhouse’s b. g., by imp. Midlothian- ~—Seven furlongs; selling; tb: 8‘06 FIFTH RA! ree-year-olds and upward: purse $400. Index.| Horse,age, weight. i B % [ £ str. | Fin. | Jockeys. ‘ug“""‘g-l § —_— — 3 54 (780) |Gratity, 3.. 2| 8% | 1h 1k 11 12 [E. Jones. )3-5 35 (785) |Braw Scet, 5| 215 | a3 3h 34 22 Cho 2 2 (778) “Fonnn- 4f 13 23 23 23 85 |Chevalier. . | & 8 786 3/ 61 5h 6b &3 4315 . Marti 20 100 713 6| 4h 32 45 42 5h |Geroer |.6 15 ex1 7] 61 62 66 66 810 |Pizgott, 10 100 T86 21X 1 7 7 7 7 Shields. 50 199 Startinggate used. Won bandily, Winner, Wesichester stable’s ch. ., by Farandole-Satisfaction. Time, 1:3014. “THE CALL” RACING GUIDE. To-day's Entries at Ingleside Track. In reces where the horses have Do record at ihe distance (o be run the records at the next nearest @isiance are given. Abbreviations—F., fast; Fa., fair; H., heavy; m., mile; £., furlong; *, about. FIRST RACE—One-half mile; two-year-olds. T T ] Best il Index.| Name. |Lba|rcord.| Dist im T) | ! — x| Owaer. | Pedigree. 113 o: 754 |St. Dunsti 108/ no rec. 841 |Gorgon... 103/n0 rec. Straggler.. 10800 rec. George Palmer. 105po rec. . 113[ 0:51 108 100 no rec. no re .| Pueblo stable. Racine-Imp. Berna | William Nap {Lmp. Martenhurst-Cheerul Imp. Wite Jacket-Zuleika St. Carlo-Marilee | Racine-imp. Gorgo | Imp. Sir Modred-Bedotte Buckmaster- Del Moute stabie, -|Del Monte siable. n & Lottridge.. Al -|J. Ronbins SECOND RACE-—Six furiongs; selling. 1 T Best | P Index.| Name. Lbs record.| Dist. |Lbs T) k.| Owner. Pedigree. 789 | All Smoke... 770 |Robin Hood 1L 728 | Duke Stevens 789 Sleeping Chiid. 803 |Ida Saver 801 | Philomen: 789 |Gallant... (752)| Repe Nephew. | The Judge 801 |Service. (800) | Shield Bearer. . mp. Silk Gown-Ordnance Circassian-Revel Duke Norfolk-Edna K Ip.Child of Mist-Erin-Go Bh *’|Joe Hooker-Addie O'Neil HimyarLast Ban Fellowcharm-JennieBelshw Rapture-Venturia Ansel-Miss Goodrich Eringbok-The Nieoe {mp. Loyalist-British Queen 1p. Woodlands-Lady's Maid -|Tmp. Wagner-Mamle Cole .|B. . Phillips. THIRD RACE—One mile; special handicap. | Beet e Name. 'Lbs| record. | Dist. |Lbs|Tk.| Owner. | p. Great Tom-Envenom 49) | Mobaias lgt Apache-Tricksey o7) [Sir Vasea 7t Sir Dixon-Vassar 797 | Wyoming $81q TIat Pardee-Caprice (787) | Tke L... 87/1: 22 ‘6 t | 94iF Major San-Miss Flush 755 | Molhe K. 85/1: 087515151 [102|F .. mp. Mariner-Cantenac FOURTH RACE—One and a sixteenth miles; hurdle. || Best 'Index.| Name. |Lbs|record.| Dist. |Lbs Tk.| Owner. ! Pedigree. o) —— | T. A Tobin... Alta-Motber Hubbard lg% 2 0. F. Johnso! |8id-by Reveille 798 | Alexis .. Garden City | Argyle-Frisa 787 | Burmah 'W.O’BMacdonoogh | Bersan-Fair Lady 798 | Arundel Floodmore stable .| Duke Norfolk-Elaine 760 | Nelile G G, B. Morris & Co..|Sampson-Unknown (798) My Luc Dick Whittington-Lucknow 718 |Contentment. | Favor-imp. Sally IS FIFTH RACE—Seven furiongs; selling. Best Name. |Lva|record.| Dist. Pedigree. 61 | Imp. Dagebin-Carrie C 61 John Henry-Minnie Payne im |B Hindoo-Brambaletta 8¢ |1.True Briton-Emma Collier 41 %6 ¢ Bl‘nonab.:r:eli"d’ - nree 'rs-] mma Z& Panique-Iiiis 71 imp. Cheviot-lmp. Zara e v i T im ohn A-Low! )fg:l{uu., 71 Inspector B-Piazza XTH RACE—One T Dist. |Lbs|Tk. Owner. Pedigree. 71 1m 3'? =61 61 1m Im 15i6m 11-i6m 11-16m| 11 FOR MARCH, APRIL AND MAY! Paine’s Celery Compound the Best Spring Remedy To-day in All the World, It Purifies the Blood as Nothing Else Can Do--It Is Food for the Tired Brain--It Makes Strong Nerves! Publicly Recommended as No Remedy of Any Kind Ever Was Before hy Thousands Whom It Has Made Well Indorsed and Prescribed by the Ablest Physicians in Where every other remedy has = failed Paine’s celery com- pound has made peo- ple well! It cures disease. It has saved the lives of thousands of suffer- ers. It has made the weak strong. Paine’s celery com- gonnd puri lood as nothing else can do; it is nature’s brain food; it builds up shattered nerves; itilfimemlnently the one great health-maker known to medi- cine. First discovered atter labortous, studious, | scientific research by the ablest physician America has produced, Prof; Edward E. Phelps, M.D., LL.D., of Dartmouth Col- leze, it is prescribed and publicly indorsed by the best practitioners in every city America. It has been so enthusiastical the | Every City in America. recommended by grateful men and women in every walk of life that 1t is to-day in every sense the most popular remedy in the world. It has proven itself so easily the greatest of all spring medicines, making tie weak | strong and the infirm well, that in the big cities, New York, Chicago, Philadeiphia, | ! Boston, St. Louis and the rest, the leading newspapers, making their own canvasses | again this year, have found that the de- | mand for Paine’s celery compound as far | | surpasses that of all other remedies as the | curative power of this great compound sur- | | passes that of all others together! Paine’s celery compound, taken during | | the early spring days, has even more than | its usual remarkable efficacy in makin, people well, It makes short work of a! diseases of debility and nervous exhaus- tion. It rapidly drives out neuralgis, sleeplessness, dysperpsln and rheumatism from the system. It removes that lassi- tude, or ‘‘tired feeling,”’ which betokens weakened nerves and poor blood. | Overworked and tired women are but one class of persons who are in urgent need of this wonderful remedy to make and keep them well. Business men who are not aleepinfi soundly, shop girls made pale and sickly by long hours of indoor work, and the countless sufferers from dyspepsia, kidney and liver trouble, need the invig- orating effect of Paine’s celery compound now that epring, with all its dangers, is at band. Its preeminence as a health-maker comes from its extraordinary vowers of supplying appropriate nutriment for tue blood, nerves and brain. Just as the fireat lawyer studies each one of his cases till he knows it on every side, and in every possible aspect, so Prof. Ed- ward E. Phelps, M.D., LL. D., of Dart- mouth College, the discover of Paine’s celery compound, had studied the nerves in health and disease, when well nourished and when under-nourished, in men and women and children years before he looked for the remedy. Paine’s celery compound was the outcome of his entire professional life, A fitting memorial to a life of hard study and ciose observation—a remedy that the world could not lose to-day at any | price! Take advantage of the remarkable power of this greatest of all remedies for restor- ing vigor to the blood and strength to the nervous system. In these first days of spring oné has every chance for getting | well. Don’t neglect it. Paine’s celery compound calms and equalizes all the nervous tissues and in- duces the body to take on solid flesh. It Enrifies the blood, as is so clearly shown y the rapid clearing of the skin of all evidences of bad humors within, Itis an infallibie relief for salt rheum, eczema, and all blood diseases. Physicians recognize Paine’s celery com- pound as the one scientific spring remedy, and itis universally prescribed by them wherever there is great need of a vigorous and prompt restoring of health and | strength to the worn-out system. second choice, Braw Scot, finishing in the place. Track and Paddock Items, The feature of to-day’s card will be the special handicap at a mile, worth $700 to the first borse. Ingleside was unruly at the post, and when the barrier was raised tried to run the reverse way of the track, a great failing of his. Bookmaker Billy Beverly picked the winners of the first three events and played them in a combination, getting m’x;-ninn;so on the trio. < Vencedor, one of Dr. Rowell's string, appears to be an imgmving sort'ofa young- ster, showing muen speed. He finished third yesterday at odds of 100 to 1. POMONN'S MARSHALSHIP A Fight for the Position Evolves Some New Legal Points. Some Irregularity Is Permitted, Pro- vided There Is Not Enough to Amount to Fraud. The Supreme Court has affirmed the de- cision of the Superior Court in the case of Thomas B. Atkinson against John W. Loobkeer, a contest for the position of Mar- shal in the city of Pomona, The decision is interesting from tbe way in which it treats of the application of the election laws. The plaintiff wanted the entire vote of the S8econd Ward thrown out. This gave Loobeer a majority of 951, but without it Atkinson would have been elected. At- kinson wanted the vote thrown out on the ground of irregularities. He showed that when the polls were closedjthe election officers cleared the room of all but two bystanders and kept the rooms locked for over half an hour while one of the judges of election was absent, During that time they counted the ballots in the ballot-box, and finding there was one more ballot in the box than there were voters on the poll list, they destroyed one. They also sealed up the unused ballots and made all prepa- rations for the canvass, but did not pro- ceed to tally the votes. At the return of the abhsent lgm‘lge of election the doors were opened and in the presence of the crowd the tallying was commenced. In commenting on the demand to de- clare void the vote of the whole ward for the reasons given the Supreme Court says: Election contests arising out of irreguleri- ties of election officers lrequcuu{ present 10 courts the alternative of either setting aside as in the case in hand the honestand clear expres- sion of the will of the majority of the voters or of 80 -construing the election laws as to open the door to future frauds which it is the pur- pose of those Jaws to prevent. Of course, neither the voters no: those voted for have any control over election officers, and to set aside the vote of a precinct where there was clearly no fraud nor any mistake affecting-the resulis for mere irregularities occasioned by the ig- norance or carelessness of election boards would in many cases be & patent injustice. Moreover, a construction requiring an exceed- lnfily strict compliance with all statutory pro- visions might tempt to ure‘gnlumal contrived for the very purpose of vitiating the vote at a certain polling place, and it might lead to more fraud than {t would prevent. On the other hand, statutory provisions which are clearly mmcfnmry must be substan- tially complied with, and even directory pro- bor kT i e mal m mely Gt determine whetner fraud been committed — lor nzyumu done which would sffeet the resul The provision whien the contestant claims bad been violated was that re- quiring an immediate canvass in the pres- ence of the bystauders. It reads: As soon as the polls sre finally closed the judges must immedistely prcceed to canvass the votes given at such election, The canvass Taust be public in the presence of bystanders. This statute, the court says, 1s merely di- rectory, and was not so grossly violated in the case at bar as to amount to frand. The decision of the lower court is there- fore affirmed. ———————— It 18 claimed that unless the demand for }zha plum: o: such }m'duh as the v&i:; eron o ise, hummin, and m'-ny other feathered beauties gum they will'soon become extinct. CHEAPER BITUMEN NOW/ Lastof the Thirteen Suits Against the Bitumen Consolidated Company. THE CORPORATION BROKEN UP. An Interesting Story of the Organiza- tion and Operations of the Company. On Monday morning next the two last suits of the thirteen which have brought about a comvlete disruption of the RBitu- men Consolidated Mining Company will come up for trial before Superior Judge Seawell, The history of the case is replete with interest for lawyers and laymen alike. It is the old story of personal interests ana jealousies in conflict with business advan- tages, but like the venerable narrative of love always commands respectful atten- tion, Thirteen suits have been instituted, tried and all but two disposed of, and thereby is pendent the tale. From its inception the corporation began a pace-setting stride on the highway to prosperity, according to the defendant directorsand theirattorneys. The Bitumen Consolidated Mining Com- pany was organized in September, 1891 Prior to that time Austin Walrath owned a productive and very profitable bitumen mine near bdanta Cruz. A. C. Bussett, Timothy Hopkins and J. A. Fairchilds owned and operated the Consolidated Bituminous mine in Sen Luis Obispo County, together with the mines of the San Luis Obispo Bituminous Rock Com- pany. Both the mines were profitable, though competition was lively between these three mines and that of J. H. Swiit near Santa Cruz.. It was this same competition that even- tually led the controliers of the entire source of bitumen production of the coast to consider the feasibility of consolidating and keeping up rates. Acoordin;ly, in 1891, they pooled their issues under the corporate appeilation of the Bitumen Con- solidated' Mining Company. The capital actually invested by Messrs, ‘Walirath, Bassett, Hopkins, Fairchilds, Swift and Perrin is said to have been but $500 each. On that basis & business of $100,000 was done the first year. All they bad to do in- dividually was to intrust the affairs of the company to a competent manager and draw down something like §17,000 each at the end of every twelve months. Five- year contracts were made with .all the paving companies of San Francisco, Los Angeles, San Diego, Stockton, Sacramento, Fresno, Portland, Seattle, i‘ncomu. Salt Lake City and other towns on the coast. The company agreed to deliver the rock free on ard the carsat about $4 a ton, and_the contractors were willing and anxious to enter into a five-year agree- ment. A happier state of affairs could not have been conceived by any member of the com- bine. Prices were not high and the trade in_that particular product from nature’s subterranean laboratory was as brisk as could be desired, ‘‘But personal ambition and jealousies,’’ so says one of the aitor- neys, “interjected a discordant element, slight at first, like the cloud no bigger than a man’s hnnu. but destined to ovenhsfzdow the peace and temporary prosperity of the Penfion’- mmfirfl. 3 ik r. Walrath was the first to take ac- tion,”suid Attorney Frank Shay yester- day, “though the {osltiun he assumed had nothing to do with the disorganizing suits ‘which 50& wed later on. It seems that several of the paving companies preferred the Walrath rock to that from some of the other mines. ‘The result may be sur- mised. The Walrath mine was worked for all it was worth. Most of the rock fur- nished the Eaving companies came from that mine, but the original owner received no more than the other members of the oombimhwhont ;nlnaq w-r.} ail but ic::e. ‘Accord; to the original agreement, a Toyalty offl a ton was to be incorporated in a common pool and shared equally among the members. The royalty was for the rock taken from the mines singly and collectively. When Mr. Walrath saw that his mine was yielding up rock and royalties far in excess of the other mines be naturally demurred and demanded restitution from the company. His de- mand prevailed, and the white dove of peace once more perched on his standard | and flapped its wings in the faces of the directors whenever the spirit moved them to meet and congratulate one another on the ease and facility with which they were adding $17,000 a year to their respective bank accounts. “But fate was in an unkind mood and frowned on the members of the Bitumen Consolidated Mining Company over the shoulders of Messrs. Bassett and Swift. Bassett wanted to dictate the policy bf the management and Swift wanted to sup- plant Fairchilds as manager. The latter was making $100,000 a year for the con- cern, and the directors had- very properly voted him’a salary of $750 a month. Swift offered to perform the same service for $250 a month. The other directors, ex- eepting Bassett, politely but emphaticaliy informed him that they wouid not give him the position if he paid the corpora- tion $250 for the privilege. “Ob, but it is a racy story,”’ continued | Mr. Shay, laughing, after a short pause given up to amused rumination., ‘‘Bassett and Swift sawj they could not dominate the other four directors, and . they decided to kick over the traces entirely. If their four associates would not think as they did it devolved on them to make the others evalve thoughts thatshould be in perfect harmony. The thirteen suits show the method they employed. “‘Before this, however, Bassett, as secre- tary, refused to !lin warrants and checks.. As the constitution provided that all checks and warrants must-be signed by the secretary and president the directors had to pass a resolution providing that money could be paid out if the signatures of the president (Walrath) and man- ager (Fairchilds) were attached to the war- rants. “That resolution was a balker and Mr. Bassett cogitated. The result was a suit. In the complaint the otber four directors were charged with mismanagement and fraud to the extent of $20,000. "All of that amount, it was aileged, had been paid out | of the corporation’s funds illegally. The list of items set forth in the complant includes the $750 monthly salary of Man- ager Fairchilds, “The other eleven suits bave been dis- posed of and the several mines em- | braced in the old corporation have vir- tually been doing an individual business for some time past. As soon as the trouble began the several five-year con- tracts were canceled and a vigorous com- petition was instituted. Lately some of the mines have been furnishing rock at a price 50 cents less than the cost of the mining. “Be this as it may, the story of the con- solidation has never been told and its legal disintegration cannat take place until these two final snits are settled in Judge Seawell's court.”” The well-known firm of -Guunison, Booth & Bartnett is looking after the | plaintiffs’ interest. They expect to wina victory for their clients in the trial tc be- gin next Monday. BEFORE THE GRAND JURY. | Captain Lees Presents the Testimony | in the Butler Miller Case. Captain Lees has turned over to District Attorney Barnes the full transcript of the testimony taken before the Coroner’s jury, | at the inquest over the remains of the unknown killed by Frank Miller, one | month ago. % | The case promises to be interesting in so | much as Miller, a butler in the employ of | J. L. Franklin, will be backed by the influ- | ence and wealth of his master, who be- | lieves he killed a bona-fide burglar. Cap- tain Lees, on the other hand, believes that | Miller simply decoyed a tramp to the | house and murdered him, hoping to in- | gratiate himself into the affection of ranklin. It is to secure an indictment by the Grand Jury, and have the case come up regularl¥ before the Superior Court that the testimony has been submitted for perusal to the District Attornev. NEW TO-DAY. It Brings Power. When You Are Broken Down in Your Nerve Power It Will Make You Strong in Mind and Body. Dr. Sanden has issued a neat pamphlet, in which he has re- produced the letters of fifty prominent citizens of San Fran- cisco and California who have been cured by his famous Elec- tric Belt during the past few weeks. Among the people who testify are men who will not permit their names to appear in the “Call,” but this pamphlet, with letters in full, can be had by any one who will apply for it at the office or by mail, free. 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