The San Francisco Call. Newspaper, March 17, 1896, Page 5

THE SAN FRANCISCO CALL, TUESDAY, MARCH 17, 1896. 5 TESTIMONY ON THE FAIR WILL, How the Stolen Document Was Made and Filed. TWO DEMURRERS STAND Bequest to the Teachers’ Retire- ment Fund Declared Invalid. IT SAVORED OF A PEBPETUITY‘ Dr. Marc Levingston’s Contest to the First Will Dismissed by Judge Slack. Another step has been taken in the Fair will litigation and arguments have given place io testimony. Nearly all the attor- neys in the case were present in Judge Slack’s court yesterday morning, as it was rumored that he would decide the two de- | murrers which have been pending. They were entered against the contestsof Dr. Marc Levingston, as an executor of the pencil will, and the Board of Teachers’ after death, and if Angus did not file the will at once he would find some one Who would. = Fair said he wanted his estate to go to his children and he did not want the Public Administrator to get his hands on it; therefore ne wanted the will filed at once. On December 24, 1894, Angus saw the Sen- ator again. *I'm dying,” he had said to Angus, “and I want you to remember your promise about filing that will. . C. Bresse, Edward Oliver, George Whittell, C. W. McGlauflin and William M. Pierson were all called, and each gave the same story over. Pierson was the last witness. He drew the will himself, he said, and he knew of the filing of it. “Do vou know where it is?" asked Gar- ret McEnerney, who was guestioning him. “Well, it has been proved that 1t is not in the clerk’s office.” 5 "%)o you know the copy ?" «Tdo” The testim ony was all in, but };elore de- ciding the case Judge Slack will hearargu- ments on the position of the proponeuts of the pencil will—that is, how far they can go in cross-examining the witnesses heard yesterday, and how far they can go in their opposition. M'KINLEY CLUB MEETING. | Well-Known P—:flltieianl at Pixley Hall Thursday Evening. The McKinley Club of the Forty-first District has issued a circular inviting the co-operation of all members of the Repub- lican party *‘in an effort to arouse an inter- est in the issues of the coming campaign commensurate with the importance of the questions involved in the contest at the polls.” In the same address it urges harmony and the *‘obliteration of all factional dif- ferences.” The circular concludes with an invita- tion to voters to participate in the meeting to be held under the auspices of the club at Pixley Hall, corner of Polk and Pacific streets, on Thursday evening. It is signed by H.C. Firebaugh, presi- | dent; John 8. Daley, secretary; William | Cluff, A. L. Stetson. T. . R. Knox, H. A. Steffens, Oscar Le: T. T. Burnett, T. P. Topping, E. J. Wilkinson, James Hogan, William R. Nixon, A. Hauser, Retirement Fund Com missioners, to the probate of the stolen will. | Judge Slack announced from the bench | that he had understood that the attorneys in the case expected a decision yesterday, and while he had not had time to write an opinion, he would decide the case from | the bench and give his reasons. He then proceeded to review the points raised by the demurrers, and ended by sustaining them both. Regarding the demurrer to the contest of Dr. Marc Levingston, he said the con- test was entered under the rule which gives to those having the right to pro- | pound a will for probate the right to con- test any will 1n oppositio n to the one they | offer. The right of any person interested | in an estate to contest, under the general provisions of the codes, the court held to | be any person nterested in the estate itself and not one interested only in the | fees. An executor who may propound a | will for contest has not the right of one interested in an estate, and the power of | an executor to probate the will nominat- ing him seemed to the court to be hLis measure of right to enter a contest of any other. So far as the points raised by the second demurrer, the court said there was no | doubt that the bequest to the Teach- | ers’ Retirement FunA was void, for it vio- lated the law forbidding perpetuities, and | that bequest was in the nature of a per- etuity. The gift was of personal property ut nevertheless the court hel«F that it | came under the rule ana therefore was | void. As to the point regarding the trus- | tees, the court passed that point by, as| Judge Slack said the decision upon the | point was sufficient to cover the | It was therefore ordered that both | demurrers;be sustained and thecontests de- | murred to dismissed. Judge Slack continued to the effect that | he was much impressed with Mr. Delmas’ | argument against the demurrers, and as a consequence he would like to have the two | matters heard together—that is, the pro- | Jnent are limited to a number of bate of the pencil will'and the stolen will. | The sustaining of the demurrers, he said, did not prevent the contestant Levingston | from submitting the pencil will for probate, and then it would be possible to try both cases and accept one will while reject- ing the other. The probonents of the stolen will then | demanded that it go to probate, and Judge Slack announced that he would aliow that course to be taken if there were no objec- tions. Mr. Delmas was sick and was not present, 50 no objection came from him. George Knight, the only other probable | contestant, announced that he would not object in the name of his client, Charles | Fair, and_he would withdraw his contest to the will, reserving, however, the right to renew it at any time within the statu- | tory year. He was allowed by the court to | withdraw his contest without prejudice. | ir. Pierson then took a fat roll of type- written pages from the desk and calied Thomas J. Crothers to the stand. Mr. Crothers told how he had been appointed an executor, and how he went to the County Clerk’s office the morning after | Senator Fair died, and with Angus and | Bresse, filed the will for probate. He told | of taking a certified copy of the document, | and swore that the one handed to him for | identification was an exact copy of the | original will. He said that Senator Fair’s estate consisted of real estate of the ap- | proximate value of $6,000,000, yielding an income of about $325,000 a year, and per- sonal property to the value of $6,000,000 more. The total value, he said, was ap- | proximately $12,000,000. James S. Angus, another of the execu- | tors, followed Mr. Crothers to the stand. He told of the signing of the will. It was about 11 o'clock in the morning on Sep- tember 21, 1894, that L. C. Bresse, L. W. McLaughlin, George Whittell, William M. Pierson and himself gathered in the office of Senator Fair, and the Senator asked Whittell and McLaughlin to witness his will. They did so, and then giving the will, which he had sealed and marked, to | Bresse, the Senator told him to put it in his own private safe, and_he told the wit- ness to go with Bresse and see that he did so. Angus saw the will again on November | 96, 1804, He was called into Fair's office, and was handed a slip with a memoran- dum of section 1307 of the Civil Code upon jt. Fair asked Angus to read the section, and then asked him if there had been any provision made in the will regarding a pos- sible widow or child of James Fair, the Benator's, deceased son. Fair asked, also, if there bad been any provision made re- arding possible illegitimate children of gis own. Angus was not certain, and it was deemed advisable to call in Mr. Pier- son. He advised that_the question be set- tled by opening the will again, anc in the resence of Bresse, Pierson and Angus {:nir opened the will and handed it to Pierson to read. itwas found to be all ight. : : ‘At the same time Pierson produced an agreement OT declaration of trust which Fair. had ordered him to draw up, and Wwhich set aside $50,000 to be held in trust by the executors to probate and uphold the will. There had been a similar decla- ration of trust made in regard to a will made by Fair in 1892, but this was revoked and a new one drawn up to refer to the will of September 21, 1 ‘I'his declara- tion set aside fitty $1000 bonds of the Northern California Railroad, the pro- ceeds of which was to be used as directed. Fair signed this aeclaration of trust, and at Piersons suggestion the will, the decla- ration and the bonds were put together in an envelope, and with his own band Fair wrote on the sealed covers, “‘Last will of James G. Fair.” g % Continuing, Angus said he frequently conversed with Fair_on the subject of the will of September 21. Fair said that in case of his death Angus was to file nis will for probate at once. If he died after 4 o'clock in the afternoon Angus was to be at the County Clerk’s office the next morn- ing. Angus remonstrated, but Fair said he had never cared for sentiment in his Steverson, F. M. Jacott, Henry Gerlach, ‘W. H. Reynolds, B. Fehnemann, commit- tee on invitation. Mrs, Addie Ballou, John T. Davis, J. J. Stevens, M. Cooney, H. C. Firebaugh, J. E. Field and Hon. M. Pike are announced as speakers. TWENTY TONSORIL THRS | All Learning to Strop and Shave at the Wilson Barber College. | The Latest Addition to the Numerous Educational Institutions of the City. No one can now plead poverty as an ex- | cuse for appearing abroad without a nice, clean shave. Like Wisdom in the script- ures, the genial young proprietor of the ‘Wilson Barber College invites all earth’s unshaven ones to come to him for relief “without money and without price.” The college is situated in the lower floor of the building comprising 1511, 1513 and 1515 Howard street, occupying an area intended for three stores. Here men who need and want a shave are attended to free of charge by the pupils of the college. The custom- ers are naturally in reduced circumstances | or, as the college circular euphoniously phrases it, “Our subjects, to practice upon, come from the army of the unemployed.” Entering the college at No. 1511 the vis- itor finds himself in a sort of pen, com- passed about by a wire fance perhaps a yard high. The adornments of this apart- lacards bearing such legends as ‘*All Work Done and Hair Cut- Free of Charge,”’ Shaving | ting Free,” “Blind Men and Cripples Need Not Await Their Turn,” and other an- nouncements of similar import. In the en yesterday when THE CALL man, un- appily already shaven, visited the col- lege were a number of men waiting to be | appearance denoted that the world was not using them as well as it could, but no vicious or criminal-looking faces could be seen. The men wereranged on the benches in‘the order of their entrance and were as quiet as though in a church. A gate in the pen opens into what may, perhaps, without oftense, be styled the operating-room. Here are twenty-five barber-chairs, ranged on either side of a table extending the entire length of the apartment. Most of the chairs were occu- pied, there being twenty students at work. The patients, so to speak, were enveloped | in cloths of bright blue, covered with large white flowers, strongly resembling in de- sign the parrions or breech clouts of the Tahitian islanders. The faces of the cus- tomers wore an expression of resignation which was truly touching. After endur- ing for years the hard knocks of a cruel world it i, perhaps, a comparatively easy thing to submit even to the caresses of an amateur barber. An occasional groan, they say, is heard. and rumors are rife that at times wild oaths rend the rose-oil scented air, when perchance some razor is found to have more than its proper share of “‘nicks’’; but these demonstrations are of rare occurrence. Beyond the workroom is the dormitory, where some of the students sleep on com- fortable-looking cots, and in the section corresponding to No. 1515 is the office of the proprietor, C. W. Wilson. Mr. Wil- son was out yesterday afternoon, but the head master, W. 8. Budlong, an agreeable | young gentleman with a Paderewski ban g, was glad to speak about the work of the college. “You would be surprised,”” he said | among other things, ‘‘to learn how quickly our students master the tonsorial art. 1 suppose the poor subjects wince a little when they fall into the hands of a beginner, but after a week or so most of | the students are able to shave a man with- out causing him any pain. It then be- | comes a question of speed, and we find that eight weeks is enough time for any one of ordinary inteiligence to attain a de- gree of pm!icieucfv enabling them to shave a customer quickly, painlessly and well. “We are prepared to admit lady stu- dents,” continued Mr. Budlong, ‘“thougn we bave nonz at present. Several, how- ever, are expected, and I have noticed that women make first-class barbers with very little instruction. Practice seems to be what they most need, and the theory of the business seems to come natural to them.” At this juncture a lad appeared at the office door and asked.the head master to give him some directions for the dispatch- ing of an unusually stubby ‘‘subject.” The tonsorial pedagogue prepared to go with his promising disciple, but as he wished his visitor a cordial au revoir re- murked: ‘I forgot one thing. We present all our graduates with a complete outtit, consist- ing of two Sheffield razors, strops, combs, brushes, shears, razor-hone and case as a souvenir of the college.” e —— Dislocated Her Jaw. Mrs. Davis, an old lady, living at 582 O’Far- rell street, sat down to read the Chronicle yesterday morning and soon fell asleep. The paper slipped from her hand and the noise awakened her witha start. She yawned so vigorously that she dislocated her jaw, and it re%lllred the combined efforts of Drs. Bunnell and Rinne and a liberal use of chloroform at the Receiving Hospital to reduce the dis- location. ————— The production of olive oil in Cephalonia is very considerable, a good crop yieldin 25,000 to 30,000 barrels, or 480, Englisg galions; but more than three-fourths goes into local consumption and only one-fourth attended to. As might be supposed, their | THE THIRTEENTH JUROR, Startling Instance of a Judge’s Power in the Muhlner Case, Oakland. MAY FREE A HOMICIDE. Verdict of Manslaughter Set Aside, Because the Evidence Pointed at Murder. The case of Louis A. Muhlner, now about to come before the Supreme Court, presents a rather interesting instance of the effect of that rule which the higher court itself has laid down concerning the right of a Judge to set asid e the verdict of a jury. Louis A. Mubklner was tried in the crim- inal court of Oakland for murder and was found guilty of manslaughter. Judge Frick granted a motion for a new trial on the ground that there was no evidence for the verdict of manslaughter, while there was sufficient evidence for a verdict of murder. The prosecution has appealed to the Supreme Court from thisruling. Italleges errors on'the part of the court, and is con- fronted with the alternative of winning its goint on né)peal in face of a ruling of the upreme Court or trying for a second con- viction of manslaughter, also in face of a ruling of the Supreme Court. So the prosecution is working to hard lines any- ‘way one looks at it, while a man convicted of unlawful killing seems to stand 1n a fair way to go scot free. he situation is this: Muhlner was charged with the murder of his sweetheart. The jury brought in a verdict ‘of man- slaughter. That released him of the graver charge. The court set aside the verdict on the ground that “there was evidence suffi- cient to warrant a verdict of murder, but not evidence sufficient to warrant a verdict of manslaughter.” 1f the Supreme Court sustains the lower court it will result_in setting a convicted murderer free. If the Supreme Court shall say, a&s has the lower court, that there is not sufficient evidence to warrant a conviction on the charge of man- slaughter, the prosecution will have no recourse but to set Muhlner free, despite the fact that in the opinion of Judge Frick he is guilty of murder. Lawyers are citing this case as a most startling exposition of the effect of con- ferring pon the Judge of a trial the power to set aside the judgment of a jury. Assistant District Attorney Church, who conducted the prosecution and prepared the proposed bill of exceptions, while agree- ing with the court that there was sufficient evidence to warrant a verdict of murder, holds that there was also sufficient evi- dence to warranta verdict of manslaughter if the jury had a doubt as to the premedi- | tation of the crime. The bill of exceptions therefore claims that the court erred in | setting aside the verdict. All the evi- | dence is set forth in the bill, together with numerous citations of law to sustain the position. The evidence is all circumstan- tial, but forms a complete chain, sufficient, | as stated, to convince Judge Frick of the guilt of the defendant of the higher crime of murder, and the jury that hethad done the killing. The murder was committed last Avgust. Louis A. Muhlner was engaged to marry | Jennie Lewis, the murdered girl. She was | employed as & domestic with the family of Dr. George Moore, Edwards street, Oak- | land. Muhlner had met Miss Lewis at a country place two years before and fallen deeply in love. She came to Oakland shortly after, as did he, and thei became engaged. In August he invited her to ac- company him to a ball at Point Olema, Marin County. Sheconsented and he sent her some money for a new dress for the oc- casion. He was to meet her there. He went, but did not find her. She sent him word the next day that she had been un- able to get her dress in time. _ She had told him some weeks before that she was keepinghcompany with a young man named Charley Miller, and gave him the impression that she thought well of him. When his sweetheart did not come Muhiner remembered this, and the ball bad no further interest for him. He started to walk to town that night over a lonely rode and arrived next morning at San Rafael, where he visited the young woman’s parents, found she was not there, and left, saying he would “fix her” so that she wouldn’t keep company with Miller or arybody else. }fe learned that his sweet- heart was to attend a ball at Germania Hall, Oakland, that evening, with Mitler. He went_to the ball and saw them to- gether. He talked to the young woman, told her she must not go with Miller—that he was a hoodlum—and, taking her by the arm, insisted that she go with him. She broke away from him. Next day the young woman received word that Charley Miller was lying sick in a certain room in a certain hotel, and wanted her to come to him. She hastened to the place, but found Muhlner there in- stead, not sick, but eager to plead with her to forsake Miller. He did not tnreaten her. She left him. The next night she was seen standing on the porch at the rear of Dr. Mooar’s residence in company with a young.man who was at_the trial described as closely resembling Muhlner. At 4 o’clock the next morning her body pierced by two bullets was found at the foot of the stairs in the yard. Search was immediately instituted for Muhlner, and he gave himself up to the San Francisco lice, saying he under- stood they were looking for him. He de- nied knowing anything about the murder. A package of his own letters written to Miss Lewis was found upon him, but he said he had visited and secured these iet- ters from her some hours previous to the time of the shooting, and was not in Oak- land that night. e was, however, seen at the Newland House combing his hair a half hour after the time of the shooting, which was about sufficient to allow him to get there from the scene of the killing. This is a resume of the evidence upon which the jury found a verdict of man- slaughter, which verdict Judge Frick has set aside. The appeal will come before the Supreme Court in a few days. BANKS GONE. The Well-Enown Police Officer Sells Out His Furniture and Quietly Disappears. OAKLAND OFFICE SAN FRANCISCO CALL,) 908 Broadway, March 16. { Police Officer Banks has disappeared, and all efforts to locate him have so far proved futile. An investigation was made, and it was found that he had sold out his furniture. had also sold his warrant for this month and had mortgaged his bicycle. Captain Fletcher was asked to-night where Banks is, and he replied: *I do not know. I wish I did. All we know is that he has sold out and gone off. We are compietely in the dark.’ Streetcar Ordinance. OAKLAND, Car., March 16.—The City Council passed au ordinance to print to- night regulating streetcars. It provides that no car shall pass snother within fift; feet of the intersection of two streets, nni also that two cars shall under no condi- tions pass each other at the rate of more than tnree miles per hour. The ordinance passed to print, and was introduced by Councilman Mot ————————— A Wife-Beater Convicted. L. E. Wolf, a scenic painter at the Tivoli, ap- peared in Judge Conlan’s court yesterday to answer a charge of battery upon his wife. The life and he did nov see why he should | is exported—almost exclusively to Russia. | evidence showed that abouta week sgo Mrs. Wolf visited ner husband at the theater after l the opera was over. They had some words and a fight followed in which Mrs. Wolf was vanquished. Wolf said the dispute arose over his wife staving out all night without his per- mission. He was convicted and will appear for sentence to-moriow. 9o Victory for the North Star. Judgment was rendered in favor of the North Star Mining Company in its suit against the Carson City Gold Mining Company in the United States Circuit Court yesterday. Judge Beatty of Idaho rendered the opmf;m. The plaintiffs -lleged that the defendants tres- passed on their property in Grass Valley and sought to recover $800,000 damages. pddinib it bl RELIGIOUS THOUGHT AND PROGRESS An Epitome of Sermons of the Week Throughout the Land. Foliowing is a summary of the principal sermons recently;delivered in the United States and Canada by the leading clergy- men, priesis, prelates, religious teachers and professors of the Christian faith. In every instance the full text has been care- fully read and abbreviated : THE PRESENT. Salvation must be accomplished within the limits of the present earthly life and our eter- nal destiny will be dependent on the life we now lead.—Father M. J. Byrnes, Catholic, Bos- ton, Mass. CI1IES, Morally speaking, cities are storm centers; every evil force of the devil is let loose in them. Lanes, alleys, attics and_ cellars are made necessary by sin.—Rev. J. B, Graw, Methodist, Camden, N. J. ey FOR YOUNG WOMEN. Value highly your physical health: get all of the mental iraining you can; prepare your- self for self-support; guard well your affections and follow your Lord and Savior Jesus Christ. FR“' W. W. Morton, Presbytcrian, Alleghany, a. THE TURK. The Turkish Government should be wiped off the face of the earth, and the.sooner it is done the better. The Turkish Government is a despotism. Itis the incarnation of barbar- ism.—Rev. 8. B. Linhart, Presbyterian, Pitts- burg, Pa. MENTAL PENANCE. Mental penance is of paramount importance, for, as the mind has sinned, having been at one time the instigator of the sin and at an- other condoning it, it must enter naturally into the elements of repentance.—Rev. C. E. Woodman, Paulist, Philadelphia. ~ MANHOOD. The prejudice of church and state must sur- render to the supreme authority of trueman- hood. Man must be]udgedu man, not as Jew or Christian. Not as white or black; not as Asiatic or European, but as man.—Rabbi Phil- ipson, Hebrew, Cincinnati, Ohio, THE GIFT OF LOVE. The gift of tongues, including eloquence, lit- erature and everylhln% pertaining to human speech, without love is only so much noise, compared to_brass instruments and cymbals. So with prophecy, knowledge, faith—all, with love eliminated. are worthless. —Rev. D. C. Garrett, Episcopalian, Seattle, Wash. GREAT MEN. There are four great characters the world can- not forget. Oliver Cromwell; William, Prince of Orange; George Washington and Abraham Lincoln—all manly men, religious men, patri- otic men. Each broughtsomething to pass and erected his cwn monument.—Rev. T. G. Dick- inson, Methodist, Columbus, Ohio. BROTHERHOOD. ‘We seek as much as possible to minify de- nominationalism and magnify Christianity. Our name, United Brethren in Christ, stands for fellowship, brotherhood and uniom, the trinity of power, which will win back the surg- ing masses that have gone astray.—Rev. J. S. Kendall, United Breihern, Cleveland, Ohio. PRAYER. The h(i)ghest earthly attainment is prayer, Mr. Moody says he would rather pray like Daniel than preach like Gabriel. Christ taught his disciples how to pray, but never how to preach. True prayer must be fervent. This implies a hopefulness that expects an answer. —Rey. W. J. Mosler, Baptist. Brooklyn, N. Y. THE LIQUOR QUESTION. The saloon cannot be mended: it must be ended. The evils of the saloon exist. The ai- ternate is not necessarily prohibition. Some eans can be provided, perhaps along the lines of the South Carolina movement, to sup- ply the reasonable demand for liquor.—Rev. F. W. Hamilton, Universalist, Boston, iass. THE HOME. The Christian in his home is the inaex to his character of the man in every.other rela- tion in life. His whole character is there re- vealed. There is no place in which one's character is more potential and more im- ortant than in the home.—Rev. Henry H. aters, New Orleans, La. . SALOON-KEEPERS. ‘We shall not avert the evils of intemperance by making saloon-keepers respectable. The business snould be outlawed everywhere. In Kansas the liquor-seller is a criminal, and we must see to it that our Jaws never put any higher_touch of re!fleclnbilhy on him than ;(h .—Rev. H. W. Cheffee, Methodist, Girard, ans. FEAR. The fear of being hurt doesn’t count with God. The Christian must expect to be hurt. His Master was hurt, and every true disciple has been hurt from his time to the present. We need never hop2 to wear the crown if we are unwilling to bear the cross.—Rev. John Evans, Baptist, Westerly, R. L. DANGERS OF WEALTH. Those with wealth and power oppress the poor and weak 1o an extent almost beyond be- icf. The French Revolution wasa huge bon- fire, in which everything was tumbled to make 8 blaze to illuminate the darkness of the times. The world had better look out or there will be other bonfires.—Bishop Keene, Catholic, Wash- ington, D. PATRIOTISM. True patriotism will lead men to purify thdlr own lives, Every criminal, every aebaucher, is & blemish upon his country.” Every pure man, every scholar, every true man adds to her greatness. The country called for soldiers once. True patriots responded. To-day she calls for pure, earnest, honest men. Truest atriots will again respond to her call.—Rev. “?hnalon Myers, Congregationalist, Chicago, WASHINGTON. Washington’s religious life was humble but deep, and throughout his life he was a devoted communicant of the Protestant chureh. On all proper occasions he acknowledged the su- preme power of the Lord, and it was the arm of his God that supported him through his eight vears of political ife.—Rev. J. D, Pickles, Methodist, Boston, Mess. IMMIGRATION. One of the most awful dangers menacing this land to-day is that, while Congress is building up our tariff walls so high thatno foreign goods can come into the domestic market, yet at the same time-it leaves some of the lower boards of the fences down, through which are crawling from European sewers all the ignorant, stenchiul, filthy, immoral, an- archistic and criminal rascals. Before for- eigners are allowed to vote they ought to pass through a twenty-one years’ apprenticeship. We ought to dam back that scum as we wnul% & plague—Rev. F. DeWitt Talmage, Presby- terian. REVERENCE. Reverence is the key that unlocks the m: teries of the world. Only in reverence gln 3’8 work with any sincerity and earnestness. There is a tendency to lay aside reverence as a (hini not to be cultivated. Our Government, our hopes of free institutions, are based on reverence for man. If we would save this Government and hand it down with all the liberties connected with it, we must learn first of all to reverence our fellow-men, and we get our first lesson at home by learning to rever- ence ourself.—Rev. Calvin Stebbins, Unitarian, ‘Worcester, Mass. CATHOLICS AND METHODISTS, The Roman Catholic, in common with Christian churches generally, is built upon the foundation of the apostles and prophets, Jesus Christ himself being the chief cornerstone. When we Protestants go below what we con- sider their human additions to the doctrine of Christ and the apostles, we find we are at one with them up¢ uch fundamental truths as that of sin, stonement, regeneration, judg- ment, heaven and hell. As Methodists, we far more nearly agree with Roman Catholic teaching upon some points than we do with the Calvinists. We, therefore, recognize them ;u iell:wl-gm!ucmd vrl‘fih; ".lvec“;mi.:nd of the ousehold of God.—Rev. J. C. Jackson, Metho- dist, Columbus, Ohio. : WAR AND ARBITRATION. A Christian nation should exemplify Chris- tian Tullue just as much as the Christian individual. e time has come to insist on national or international morality. A ne- tion has no flght to make war, except it be in defense of honor, any more than a private . individual has to make war on his neighbor. These are principles of national moralit; that need to_be insisted upon in these dlys}: and we of this country are in a position to plead for them because we have made our scquisition of territory thus far, not by vio- lently stealing, but by purchase. We have gone to war only when our independence, our honor, or our very existence was at stake. Now the way to bring about some such cessation of national wrong and na- tional war would seem to be by arbitration, To settle questions by war is to resort to brute force. To get them before an impartial tribu- nal is to call in reason and justice.—Rev. F. Alsop, Episcopaiian, Brooklyn, N. Y, THE NEW CITY CHIRTER John M. Reynolds Declares the Document Is Not Broad Enough. AS TO SCHOOL TEACHERS. An Answer to Ernest McCullough on the Question’ of Public Utilities. John M. Reynolds contributes the fol- lowing letter on the subject of the new charter, answering particularly an Exam- iner editorial on the qnestion of the school teachers, and Mr. McCullough’s letter as to public utilities: - To the Editor of the Call—-DEAR SIR: Re- Iiing upon your disposition to deal fairly with the friends and opponents of the new charter, 1 offer & response to an editorial of the 14th inst. published by the Examiner. It reads thus: “It would appear that the greater part of the work in advocacy of the new charter would be found in correcting errors of state- ment in regard to its provisions.” Then Iam taken to task for stating that all tha teachers of our public schools must bs graduates from the public school system of this State. In using the words “all’’ a mistake was undoubt- edly made. The statement should have been that “nearly all” the teachers must be gradu- ates of Californian schools. Since of all the teachers’ positions in our primary and gram- mar clesses (aumbering 904) only 54 positions are left open to citizens (from other States), according to the new charter my statement does not seem to be very erroneous. It wasa slight error, I admit, but hardly worthy of the comment it received. The Examiner seems to consider such provisions to be m‘per._ Its tastes have been perverted latelyif it isin- clined to depart fromthe Democratic idea in such an important matter as free opportunities to the best teachers to be obtained for our children. I maintain such a poliey as the new charter’s boycott is not wise, patriotic or just. No person or newspaper can consistently lay claim to patriotism while advocating such sen- timents. Washington’s warning against sec- tionalism seems forgotten, in practice, when such provisions as that under consideration are approved. Newspapers could no longer be considered honorable if they advertised our “‘climate, fertile soil and "unbounded re- sources” in a New Year’s edition to allure im- migrants (capable of teaching), and at the same time be striving to curtail their opportunities to live honestly after they,are here. Is it pos- sible that “the struggle for existence” has so sensitized the press that it yields to a false principle of short-sighted selfishness? Where is this industrial strife (expressed, by the pro- vision against teachers from other States in the new charter) to end? At one time the cry is against the people of the East, as in this case. Next they will be enticed to come into the State by the same persons and papers that are loudest in_endeavoring to enact stringent measures against their welfare should they come. Such is the spirit of that section of the new charter which forbids the employment of any one in the primaryOr grammar classes who is not a graduate of our State schools. 1 appeal (o my fellow-citizens for mag- nanimity, for more love of country, and for justice. The approval of such provisions as that, of which we now write, means disin- tegration of society. It would be a fearful im- peachment of California’s noted generosity and hospitality and of our social conditions, if & charter shoutd be approved with such un- patriotic restrictions within it. Reason, also, should dictate otherwise. The boycott of good Eastern schoolteachers means that Eastern people will make reprisals and boycott us and our friends. Certainly W. R. Hearst could not justly expect patronage for his New York paper among New York people if he uses the means which may be gained by their patronage there to the disadvantage of all New Yorkers here. *We must take broader views,” says an Eastern paper, in an article re- ferring to California’s present attitude. The boycotting of fiood Eastern teachers is a two- edged sword that it is not best to fool with. The new charter loses dignity and strength by such a small piece of business. Again the Examiner states that “Mr. J. M. Reyuolds, who is at present the only active and open opponent of the instrument” (the new charter), etc. This is hardly true, since the Trades Union Convention of February 16 declared ilsel!?gosed to it, and that action has been ratified by many of the unions rep- resented. This means that there are thou- sands arrayed against the new charter. Its champions represent more doilars, but are not very strong numerically. Does the ring of the merchants’ dollars make so much more im- ression that the voices of thousands are un- Eenrd and unnoticed? I8 the voice of the 337 merchants of more significance than the fol- lowing resolutions, adopted by the Trades Council Alliance, which represented thou- sands of voters? I quote the resolutions passed February 163 “Resolved, Thatwe denounce the proposed new charter as perpetuating the infamous and wasteful contract system and making it com- pulsory on future civic authorities; also for its provisions directly against the rights and interests of labor, in that it does not provide for the initiative, referendum, proportional representation or any .means whatever for insuring government of the people instead of by bosses.” That is my answer to the statement that my position is & solitary one. It emphasizes the claim that the fight'over the new charter will be one of “fiesh versus property”’—the peeple against the monopolies. Since I have candidly acknowledged the correction in regard to a small fraction of the school teachers, will the Examiner not be equaily candid and frankly admit that the new charter does contain many grave and serious obstacles to municipal own- ership which are not found in the existing statutes? If so the public can safely be left to judge as to the advisability of adopting an in- strument so dangerous to the future develop- ment of this City. The pubiic should not be misled by claims that the new charter ad- vances the possibilities of acquiring public water and light works when the facts are to the contrary. In this connection let me briefly answer Erpest McCullough’s letter, published on the 15th inst. The gentleman wiil excuse me for using his own words against him. It is done to show that such words are not appropriate. He might be called (no disrespect intended) another “ill-advised agitator” who ‘‘has gone into print” and informs the public that he is “neither alawyer nor a jurist, so cannot say,” but he “believes” there are many difficulties to public ownership existing now which the new charter would brush aside. He believes in agitating for the new charter and other things favored by the Merchants’ Association, but seems to think other men should not exercise the “American right of thinking for them- selves” and agitate against it or for other things. He admits that the mew 'charter imposes limitations upon the Board of Supervisors and he calls them ‘‘safeguards.” “Safeguard No. 1” is the provision that the Supervisors must take into consideration the existing plants if they can-be acquired at the same price that new works could be bullt. The corporations would like to have the new charter read that their plants should be bought at their price, but as that would be audacious a clause was slipped in to the effeci that they must be con- Sidered 1t ‘they can bé acquized on the sanie terms as neav works could be constructed. So their minds would beeasy if the new charter passed. They could go on with their extortion with the satisfaction that if it ever came to “a show-down” they will rale in their stake any- way. That is “safeguard No. 1" (for them). The “Safeguard No. 2" (according to the same authority) is that three-fourths of the Supervisors must affirmatively vote in favor of submitting a proposition for public ownership to their employers, the people, before it can be done. The “associated villainies” do not want to lose their monopolies, and would have pre- ferred that it were made necessary that ail twelve of the Supervisors must vote affirma- tively before the people couid acquire works of their own. This, however, would have been t00 barefaced. So they will be satisfied with the provisions of the new charter, which will enable them to obstruct the people’s wish by controlling four of the Supervisors, Theabove- mentioned gentleman has the simplicity to assert that is another “safeguard” for the peo- le and calls it‘‘Safeguard No. 2.” These lim- tations seem to me to be all in the interest of the existing monopolists. The restric- tions are greater than our present laws prescribe, ~and the advocates of the new charter say it will assist the movement toward public ownership. If the present constitutio rovisions which require that ‘‘two-third the voters must approve of a bond {ssue read that ‘‘three-fourth: approve, such & restriction would make it easier to issue bonds according to their line of reasoning. However, having secured an ad- mission of these facts, that it requires nine Supervisors to be (with the people) against the monapolists and that even then the monopo- lists must be given consideration under the new charter, let us pass to the other damaging feature. It has been claimed by myself that, since sll propositions and estimates regarding the purchase or construction of x:hlle works muu“bfim-de by the Board of blic Works and approved by them before they can be sub- mitted to the people, and since the new charter rovides that every member of the Board of blic Works must spprove of every order or st o ettt A ot o ok TSNS e R NP I IS S o S LS OGS S VLS o DA 8 ) ® estimate recommended by them, that this isa very serious obstacle in the way of public ownership. My opponent claims that this assertion is “a misstatement, unwarranted and mischievous.” Let the words of the new charter speak to the ublic. Since he does not quote a line of the nstrument to_prove his charge, I will quote, verbatim, and will await the gentleman’s pology. Article IT, chapter 2, section 64, reads thus: e Board of Supervisors may enter into nego- tiations for acquiring public utilities, ‘‘Pro- vided, further, that all estimates of the cost and value of such works shall be first made and recommended to be reasonable by the Board of Public Works before submission to the citizens.” Turning to the restrictions put upon the Board of Public Works we find the new charter provides (article 6, chapterl, section 3): “No order or resolution shall be passed or business transacted involving the approval of bonds, awarding of contracts, appointment of em- ployes, or resolutions of intention recommend- ing work or improvement, except by the con- current vote of all said Commissioners” (the Board of Public Works). The case is plain and it is true, as we have contended, that one member of the Beard of Public Works who would be controlled by or favorable to the monopolists could insist upon such estimates as would please them, and thus defeat any movement for public ownership. This is clearly illustrated if we will suppose that all the Board of Railroad Commissioners were required t: approve every measure or ac- tion before it would be of legal effect. Could not the Southern Pacific then block a redue- tion of rates if they controlled cne member? We are told that the new charter says the Board of Public Works must regularly make the estimates. Thatis true; but it nicely ad- justs matters so that the estimates will b3 fav- orable to the ‘‘associated villainies” if they can control or influence one member of the ard. The advocate says that he is “a firm believer in municipal ownership.” His belief is better than his perception and knowledge ot the and applying them to the new charter I con- clude that so involved 1s the new charter and the limitations placed upon liberal construc- tions will be s0 many and awkward that it will be an open question among jurists whether or no San Francisco could ever secure public ownership of anything. Joxu: REYNOLDS. NO PSALM-TUNES THEN. David’s Songs Wedded to the Ballad Airs of the French Court. It is a curious circumstance that both in France and in England the necessity—or, let us say the expediency—of making the psalmist “run in rhyme” was first recog- nized by men connected with the court. It occasioned no little surprise when Clement Marot, ““valet of the bedchamber” to Fran- cis I, put forward his musical psalms as substitutes for the love songs of the French grandees. And yet, the surprise notwith- standing, these ‘‘sanctes chansonnettes” ‘of Marot leaped into fashion, and a first edition of 10,000 was disposed of before the poet had well realized that he had become famous. There were no psalm tunes in those days, and so the Princes, the hing’s mis- tresses, the lords and ladies of the court adapted whatever lay ready to hand, and unhesitatingly wedded the “‘sweet singer of Israel” to the ballad tunes of the times. More than that, the fashionables had each a favorite psalm of his or her own. Thus the Dauphin, as became a lover of the chase, selected ““‘As the hart panteth after the water brooks”; while the Queen, with equal appropriateness, chose “‘Rebuke me not in thine indignation.”” Diana of . Poic- tiers would one day be hearda singing, “From the depths of my heart’’; the next day King Anthony of Navarre would be chanting. “Stand up, O Lord, to revenge my quarrel!” A ‘strange picture this, of a dissolute court singing the Psalms of David, from exquisite littla duodecimos in morocco gilt, to the jig tunes of theday. A strange but not a unique picture, for even the staid Scottish Presbyterians of early Reforma- tion times had done something of the same kind, and had anticipated the Salva- tion Army of to-day by transfnrming, the tunes of “Jonn Anderson, My Jo,” and other “godless aires” to suit the psalms with which their thoughtiul leaders had provided them. The *‘Psalmsof Dundee,” produced while Knox was preparing to thunder out his anathemas against the priests, were incongruous enough in all .conscience in their strange medley of cant- ing absurdity and nonsense. It is not easy for us in these days to understand how such “gude godlie ballates, changed out of profane songs,” could be supposed to serve as corrections of ‘‘sinne and harlotrie.” In reading them, “to laugh were want of godliness and grace,” and yet to be grave ‘exceeds all power of face.” Generally speaking the “‘godlie’’ part is as limited as we find it in the following specimen taken at random: With huntis up, with huntis up, It is now pertite day; Jesus of king is gone a-hunting, Quha likes to speed they may. —Gentlemen’s Magazine. ————————— The Egyptians must have studied the art of aistilling perfumes to perfection. Some of their ointment preserved in an alabas- ter vase in the museum at Alnwich is said tostillretain a powerful aromatic odor though it is believed to be between 2000 and 3000 ‘years old. wiles of monopolists. Quoting his oivxi words | MARRIED IN GREAT HASTE A San Francisco Couple Go to Oakland to Have the Knot Tied. THEY CAUGHT THE LAST TRAIN The Judge Was at Dinner, but He Went Down and Slipped On the Ring. OAKLAND, Car.,, March 16.—Peter Eisenmann and Lena Edelmann came from San Francisco to-night for the pur- vose of getting married. They arrived after the County Clerk’s office had closed, but a friendly janitor began working tele- phones, and in the course of a few minutes a license was procured. Judge Clift was told there wasa chance to make two people happy. He was at his dinner at the Metropole, but a trifle like an unfinished dinner does not bother him in times when votes are as hard to get as at present, so he hurriedly went to his office. Mr. Eisenmann and his sister and the bride-elect were waiting for him and they told the Judge they were in a hurry and wanted to go back on the next train. Up the stairs flew the bridal party and into the dark office which was dimly lighted by an electric light on Broadway. The bridegroom wanted the ceremony per- formed forthwith; the dim light would suffice to hide his blushes. But Judge Clift could not read the statute in the dark, so he ruled in favor of lightinlg the as. In the meantime the train could be eard approaching from Oak street with the bell ringing loudly. The groom got nervous and asked the Judge to be speedy, remarking that the lady was sick. e complied and read with all his might. The clanging bell came nearer and the un- rest of the bridal party increased. “The ring, the ring,” said the Judge. The groom fumbled in his pocket and the young lady reminded him that he had already placea it on her finger before the ceremony began. The Judge continued reading and beat the train. Just after repeating the “I promise” paragraph the train stopped at Broadway, and the hissing air that ‘was released from the brakes of the train was hardly sufficient. to drown the sound of the kiss that was imprinted on the young wife’s cheek by her husband. “Preity good time,” said Judge Clift as he wiped his brow. ‘‘Only seven minutes and a half since I left my soup.” By this time the newly wedded couple were at the train, which was just starting. The bride got on the platform first, and the horrid gateman was just slamming the zate when a little shrieck behind caused im to pause. He had nearly taken the wife to the City and left the husband of two minutes in Oakland. Who Are Gentlemen? Discussing abroad the features of re- spective armies with a foreign officer, who owed in some measure his confidential hilarity to the effects of champagne, I in- quired: ‘‘Are those who hold the grade of —— regarded as ‘gentlemen’ in your service?” “Sir,”” he answered loftily, “every officer holding his Majesty’s com- mission—"" ‘“Yes. yes,” Iinterrupted, “in theory of course; but tell me, confiden- tially, is this the case in practice?”’ His high mightiness thereupon indulged in such an amount of what Cap- tain Marryas’s Peter Simple calls grandil- oquent flapdoodle—and which O’Brien defines as the stuff on which they feed fools—that I hastily ate up my words in dread of the local “Court of Honor”’ to which my observation might be referred. Adfter all, foreigners have no equivalent for our term ‘“‘gentleman,’’ which need not be merged in that of ‘“‘officer,” inasmuch as, coeteris paribus, the higher the gentleman the better the officer. “I wish, sir,” said an ex-sergeant-major to me, ‘‘that officers more fully realized the influence by daily life example which they exercise over their men. Their dispositiou, their habits, their conversation are constant topics im- ported into the barrack-room by sergeants, servants and mess waiters. Their most secret transactions, creditable or other- wise, leak out with an accuracy of detail which you litile suspect.””—Blackwood’s Magazine. —————— The common crow is one of the slowest of our flying birds, and vet it can keep up with ease a constant average speed of about thirty miles an hour. NEW TO-DAY. The Winnin By G e « Hand ~ That’s the Winner This Week==-A Ten Spot Takes the Trick. Handsome, high-grade suits, in all shades— gray, black, blue, brown and mixed. Cheviots, Cassimeres and Tweeds. Honest, well-made goods, dressy and up to date. These are Twenty dollar suits regularly in the retail stores, but we are selling ‘Wholesale price— them this week at the Ten Dollars. COLUMBIAN WOOLEN MILLS MARKET 54' STREET. F. is at 211 Montgomery Street, OUR ONLY BRANCH a5 s 211 Mentzom Avoid firms using a similar name.