The San Francisco Call. Newspaper, April 1, 1896, Page 10

THE SAN FRANCISCO CALL, WEDNESDAY, APRIL 1, 1896. ST, DENIS AGREES WITH STRIKERS, He Will Hereafter Main- " tain a Strictly Union Shop. | ENDED BY ARBITRATION | Painters Agree to a Propositioni Recommended by a Com- { mittee. THE WORK OF THE COUNCIL. Building Trades Working-Card to Be Enforced To-Day—A General Strike Not Possible. The painters’ stri tory for the men. This was accomplished through the inter- vention of the Building Trades Council, whose grievance committee, acting in the of arbitrators, br t together nters’ Union and one of the largest , and arranged a nces. striking painters had carried | t as far as they could they trans- ferred the burden to the shoulders of the council with which it is affiliated. Mr. Saunders and Mr. McCartney of the grievance committee set to work to bring e is ending in a vic- about a peace between the warring ele- ments if possible. They decided that to deal with the ter Painters’ Association a bod 1d be fruitless, so they went to St. De: & Co., one of t firms in the em- ng business, eral conferences were held with Mr. St. Denis and his part- | ner, Mr. Macauley, who, to the surprise of nmitteemen, were not so difficult to | thas was supposed. At the last meeting, held yesterday afternoon, St. Denis & Co. made a proposition which was indorsed by t} ing committee and later accepted by the union. ne of the largest shops vises a cloud from the ng where several hun- be at work within | This uni in the City big Parrott bui dred union men w twenty-four hours. From reliable sou other big contractin willing to compro; the same terms. This incident in th the largest si the it is learned that paint tirms will be e their troubles on strike, which was molders’ strike, | ALL | that the Builaing Trades d act as an arbitrator in all troubles, and that its mission was o create trouble and instigate strikes, alkouts and boycotts. The benefit to the Painters’ Union which 1 be held in the Bush-street Theater to- bears out the prediction made by THE months ago, Council w labor promises to be a grand success. One | of the attractions be Miss M. Wells of the Bucon Stock Company o and. | To-day the Building Trades Council’s workin No gener d sytem will go into effect. | strike will be ordered, al- | though a few jobs may be st The building trades unions held a mass- | meeting last evening at 115 Turk street to discuss the card system. SETe MET IN CONFERENCE. Many Important Points Agreed | Upon by St. Denis and the Labor Union’s Representatives. | One of the most important conferences l between representatives of the painters’ | union and employing painters was held | yesterday aiternoon in the office of J. St. Denis & Co. on Sutter street, near Grant | avenue. The object of the meeting was explained in yesterday's Carr—to effect a settlement, if possible, between the Painters’ Union and the master painters. As stated, the strike has been virtually thrown upon the Building Trades Coun- cil, of which the Painters’ Unionisamem- | ber. Saunders and McCartney of the | grievance committee of the council went to St. Denis and his partner, Macauley, and expressed the wish that the strike against this firm be settled without further trouble and before the council’s working- card system should go into effect on the 1st. Both painters expressed similar wishes and it was arranged that a conference should be held on the foliowing afternoon, | yesterday, at which all interested parties | should be represented. At the gathering yesterday were Mr. St. Denis and his partner, Mr. Macauley, Mr. Saunders and Mr. McCartney representing the Building Trades Council and Mr. Ames and Mr. Shields representing the Painters’ Union. President Rose of the latter body was present, but he was only an ex-officio member of the committee. After a little conversatiou relative to the strike and the causes Mr. Macauley pre- sented the outline of a compact his firm was ready to enter into with the Painters’ TUnion. In the main points he agreed to accede to the union's demands. The first hitch was with regard to the number of men to | each foreman, St. Denis asking for one | Joreman to eight men, while theunion ssked for one foreman for ten. Another | point for argument was the apprentices, the firm wanting one apprentice to six men. The firm’s concessions were modi- fied and altered until they read as follows: First—That J. St. Denis & Co. recognize the working-card system ‘#s now understood, namely, that the applicant is a member of the Painters’ Union. Second—That $3 per day shall be the ruling rate of wages for eight hours’ work. Third—That one foreman be conceded by the Peinters’ Union to each eight journeymen empioyed in the shop; said foreman to be un- der the control of the shop and not nec & member of the union. Fourth—That one appreniice be conceded by the Painters’ Union to every ten journey- men, and that one improver (laborer) be con- ceded 10 each eight journeymen. Fifth—That the nov-union men at present employed in the shop be admitted to member- ship in the Painters’ Union without prejudice ; that is, that their. initiation fee shall be no more than the original fee. s concession is asked from the fact that the men at the re- quest of the shop relrained from joining the union. Sixth—That the ruling rate of wages for puper-hangers shall be 350 for eight hours’ Work. The worst hitch in the projected settle- ment was the clause referring 1o the ad- missiori of St. Denis’ non-union men into the union at the fee that was charged be- fore the second call-ou:t by the um Be- iore then the fee was 25 cents, but a week ago it was raised to $10. Mr. Macauley expleined that about eighteen of his old men wanted to join the union when the strike began, but he in- duced them to remawmn with the shop. While he had given in to so much he be- lieved that in the interests of peace and an amicable scttlement these men should be regardea the same as though their applica- tions had been presented at the time. al sarily | | exp! | ters’ that it was only in behalf of the eighteen old shophands that he and Mr. Macauley spoke. The other forty or fifty non-union men at work for them on the Parrott buiid- ing may look out for themselves. = Mr. Shields, for the Painters’ Union, said that he feared that the union would be loth to concede this point, particularly as a number of applicants have paid §10 initiation fees since the order went into effect. Besides, any concession made to St. Denis & Co. would have to be made to any other firm of painters in the City. “Well, I'll tell you what we will do,” said Macauley. “The firm will pay an initiation fee of $2 50 for each of the eight- een men we want to retain. We will see that they pay $150 each, which will make the initiation fee $4. It seems to me that your union should meet us part way. We have granted every request you ask involving the principles of unionism and you ought to be able to afford us a little relief in the matter of fee where it is nothing out of your pockets and itis a deal out of ours.” lach committee promised to report the matter to its respective body and give the firm an answer as speedily as possible. et THE MASS-MEETING. Gathering of the Building Trades to Discuss the Workling-Card System. There was a mass-meeting of the mem- bers of the various unions in the Building Trades Council held last evening in the Temple at 115 Turk street. The purpose was to explain the aims, objects and pur- poses of the system to those who did not thoroughly understand them. The fact that there was a number of vacant ses led to the belief that the card and its meaning is pretty well understood. As a 7 | fact it should be, for it has been the theme of discuss the cour months ago. Henry Meyer of Carpenters’ Union 2 opened the meeting and stated the obje of the gathering. He said that the Build- ing Trades Council is now the strongest labor organization ever existing in this City. He said he wanted to enlighten the public as to the meaning of the term labor agitators. The opinion of many is that this class of human beings are not repre- sentatives of the trades. All of those who are now prominent in trades unions and labor organizations are good workmen nd those who speak at the meectings are d-working craftsmen. The chairman urged all union men to be moderate but firm in enforcing the card system, and to do all in their power to induce non-union men to join the union and to respect and act upon sl _cases where moral suasion will not avail. R.T. Mclvor of the Painters’ Union atned the working card, and said: All the card consists of is a small piece of paper—a certificate that the bearer is a mem- ber of & certain union. Before proceeding 1 wish t0 speak of & trip I made to the City Hall. 1inspected the tower ana found.a lot of rusty iron supporting the immense dome and a lot jon in every union affiliated with since its acceptance several of laborers, not painters, daubing some kind of s not paint—I don't know [ what it was—on this iron. It is the now for the workmen ot the City 1o look into these matters. This is an im- portant matter, because thousands of dollars of the people’s s being spent for rotten rk poor workmen in the construction that should be a credit instead e to the Cit from basement to dome— ho are running the structing the building. Referring to the card again he said that the objects are to bring together for mu- tual protection those who will not help themselves and therefore fall easily into the clutches of the employers, whose in- terests are not the interests of the laboring man. Thus the union labor- ers must band themselves together to maintain their rights as against those who are willing to receive the benefits but are not are necessary to secure the fruits of organ- ized labor. ‘The speaker urged those who are in trades unions to go out and organize those who are mnot. The workingmen ail over the coast only too anxious to form 'nto unions. By the end of this year he expects to have all California organized better than ever be- fore. Mr. Mclvor said that he does not expect that the introduction of the card system will be productive of any trouble. P. Ross Martin was the next speaker and he was enthusiastically received. He began his discourse by referring to a body of men on Battery and Market streets who were excavating for the foundation of a building who were receiving only 85 cents a day. “Why don’t they organize?” was the ques and this formed the text of the speaker’s discourse. As to the working-card the spea that the card is only the worl trademark. It represents what he nas to sell—his labor. it is to his interest that his goods should not be adulterated, as it is by those who are designated as abs.”” Men depreciate the value of labor by mak- ing it cheaper. Mr. Martin for a time lost track of the object of the meeting, the card system, by discoursing upon matters of political economy. P. H. McCarthy of Carpenters’ Union No. 22 went directly to the point and said: To-morrow morning, April 1. all union men finding non-union men at work on & job must notify the boss that either the man must send in his application for membership in the union of his craft or the union man will walk out of his job. The boss will not keep & non-union man five minutes if he thinks that all the | union eraftsmen will walk out. Mr. McCarthy made a strong appeal to the assembly to enter pelitics as union men. ‘W. H. Hutchinson, treasurer of Carpen- Union 483, went into the history of the working-card system and said that he was one of the first to dis- cuss the system at a time when the labor unions weregvery low. After discuss- ing the system in the several unions, it was decided to put it into effect and at last it was ndofited by the building trades of this City. He urged every union man to assist the business agent by enforcing the provisions of the card on évery job in San Francisco. C. F. Schadt of Carpenters’ Union No. 483 said that he had just returned from a meeting with the French and Italian Car- penters’ Union. He heard a report read to the effect that every French and Italian contractor had given in to the eight-hour- a-day system. The men of that union are very enthusiastic in the cause of union- ism. He spoke at length upon the neces- | sity of equcating the working classes, not in *‘book learning,” but upon their rights as citizens and as workingmen and the ne- cessity of organizing trades unions. ———— IT WAS SATISFACTORY. The Painters’ Union Has Accepted the Propositlon Made by St. Denlis & Co. The Painters’ Union assembled early last evening in the Temple to hear the re- port of the conference of the committees with St. Denis & Co. tense. Messrs. Saunders and McCarthy, representing the building trades, present. had taken place at the meeting with Mr. St. Denis and Mr. Macauley and the propo- presented by the latter, which ap- sition 1 Af pears elsewhere in this article. The representatives of the council recom- mended that the proposition be accepted by the union. Mr. Ames and Mr. Shields, who repre- sented the Painters’ Union, stated that the proposition was the best that could be obtained and there was no use quibbling about the initiation fee, even if it became necessary to alter the previous acts of the A few wanted to hold out for the $10 initiation fee, but their attention was called to the fact that St. Denis & Co. had acceded to the union upon that point. principal demands. Upon: a vote being taken upon the adop- tion of the Building Trades Denis & Co.’s proposition. voted in opposition. ceived with cheers. The painters believe that the other mas- Mr. St. Denis added to this by saying I painters who have held out against the illing to share in the toils that| The interest was in- were They presented a report of what ouncil’s rep- resentatives it was decided to accept St. Only a few The decision was re- union will Le willing to compromise on the same terms as St. Denis & Co. SR THE WORKING CARD. It Wiil Be Enforced To-Day and Several Mixed Jobs Will Prob- ably Be Struck. The bnilding trades’ working-card sys- tem goes into effect this morning. A gen- eral strike is almost impossible, but the union workmen may be called off several jobs where non-union men are known to be at work. Allof the contractors in the City and nearly every union man under- stands the meaning of the card. Every union man must be provided with a card furnished by the Bumilding Trades Coun- cil, and he must enforce the rate of wages demanded by his organization and not work more than eight hours. The ccuncil recently appointed two business agents or walking delegates, who will see that the provisions of the card are enforced. The agents are R. T. MeIvor of the Painters’ Union and H. M. Saunders of the Carpenters’ Unions. There are several mixed jobs in this City which the delegates will visit the first thing in the morning. One is on Market and First streets, where there is a gang of non-union lathers. A similar jofi on Post and Larkin sireets will be vis- ited. These vlaces were ‘‘struck’” when the lathers’ strike was begun three weeks ago. Unless the bos recognize the card all the union men will be called out at once. It is believed that all of the othex “mixed” jobs will be straigthened out without trouble either by the discharge of the non-union workmen or the latter joining the union of their trade. e A, LATHERS TO STRIKE. The Plasterers Will Give Them the Wages Demanded and All Will Be Harmonlous. OAKLAND, Car., March 31,—President Louis Hemphill of the Lathers’ Union and Secretary Charles Van Haltren have issned orders for a general strike of the lathers in Oakland, to take place to-morrow morning. The Lathers’ Union has been unable to sustain vrices owing to its unemployed members taking jobs under union pric-s. They now demand $2 per 1000, which will be readily granted by the plasterers, who think it only a just asmand. However, | they would like to see the men stay with the prices they set. They are only getting 75 cents and $1 now by their own acts. A. C. McTavish, one of the most promi- nent plasterers ofithe city, said to-night: “The imhers will go on one of their regu- lar strikes to-morrow, but it will not amount to much. The plasterers will give them the wages demanded and work will go on just as usual.” i THE BAKERIES. Inspectors Grassmann and Postler Find Many That Are Dirty. Special Inspectors Grassmann and Post- ler, who have been assigned to investigate the condition of the bakeries of this City, were out on a tour last night. | *‘We visited six bakeries to-night,” said Inspector Grassmann, “and ten the night before, making sixteen to date. In all but one mstance we found them in bad con- dition, in fact dirty. In one place to-night n the southern part of the City we in- vestigated a bakery that is run by a man who employs what are fermed general | workmen. He has six of them, and pays them $2 a week. The men sleep in the bakeshop, which is without ventilation. “We will continue this inguiry from night to night until our work is done, and that will take about three weeks. Every week we shall make a report to the Labor Commissioner, and wher our work is ended we shall make a full report i all the details of our wotk.” The deputies are preparing a report which be turned in at the headquar- ters of the commission on Saturday. “Those who persist in denying admis- sion to the deputies will be arrested,” said Labor Commissioner Fitzgerald yesterda; **What they wantis time to clean up b fore the deputies get into their dens. To- night the places which were closed to them will be visited again, and in all probability the deputies will tind everything in good order. A strict record, however, is being kept, and the bakeshops whose proprietors now seem to fear a visit will be closely watched.”” MUSIC FIT FOR LEAT, Gounod’s “ Redemption” Per- formed by the Local Ora- torio Society. Many Church Members Gather Metropolitan Temple to Hear the Oratorio. in Gounod’s “Redemption” was given for the first time in San Francisco with or- chestral accompaniment by the San Fran- cisco Oratorio Society and the San Fran- cisco Symphony Orchestra last night in Metropolitan Temple. There was a large audience present, among which were many | prominent clergymen and church mem- | bers. The “Redemption” was a very ambi- ticus departure for a choral society which is not yet a year old, and on the whole 1ts rendering reflected credit on the perform- ers. The choruses were not all on the same vlane of merit—some of them, particu- larly those which gave scope for clashing forte passages, went with a good swing, others were a little uncertain. Shading was not attempted, but hnished shading seldom comes to choruses without long experience. A numbver of cuts were made in the score, particularly in its orchestral por- tions. The San Francisco Symphony Orchestra was not so well representea last night as it generally is at the symphony concerts, and the audience did not miss so much from the cuts as it might have done. The most interesting number was the soprano solo and chorus, “From thy love as a father,”’ in which Mme. Yda de Seminario sang the soprano solo with charming grace and effect, taking the high C with the atmost ease. The chorus also did good work in this number. The audi- ence insisted on the number being re- peated. ‘The chorus and solo, “Unfold, ye por- tals,” aroused considerable applause. Both the male choruses, ““Can he not save himself?’’ and ““Christ is risen again,” were well sung. James Hamilton Howe was the conductor. Of the soloists Mme. de Seminario and George McBride distinguished themselves most. The former did not show any spe- cial abiiity for recitation, but she has a meliow, ringing voice and sang her arias well. George McBride is gifted with a voice of such extended possibilities that one regrets he is not making more rapid progress toward becoming a finished artist. He has not made any remarkable progress lately, but nevertheless he sang the My God, Why Hast Thou Forsaken Me?’ in excellent style and without any of the tremolo for which he showed too much affection in some of his numbers. E. 1. Crandall, the tenor, has a pretty lyric voice, but it was too weak for “The Redemption’; Robert Duncan, a basso, was able to fill the hall. Mrs. J. D. Sibley also sang; Henry Bretherich was at the organ and Bern- hard Mollenhauer was the concert-master. ——————— Gorany ear or toothache in yours? Mitchell's Magic Lotion will surprise you. ” DE YOUNG ON THE STAND, The Court Protects Him on the Circulation Ques- tion. CALLED IN LANDON'S CASE. Sharp Cross-Questioning of the Plain- tiff and Interchange Between Attorneys. The trial of the case of Gardner Landon against the Tallant Banking Company be- fore Judge Hunt, to recover $50,000 for al- leged malicious persecution, worked itself around yesterday until it wore the appear- ance of a boomerang. Landon was on the stand nearly all day undergoing first the direct examination at the hands of his attorney, G. W. Monteith, and then a long and scorching cross-exam- nation by W. W. Foote. During the cross- examination a casual visitor to the court- room might have supposed that Landon was the defendant in a criminal case. The grounds upon which the indictments were found, which Landon complains of, were all gone over and he was asked to explain many things in connection with the dis- counted notes that he confessed he could not make clear. All the day long until the lasi thing before adjournment M. H. de Young, pro- prietor, and John P. Young, managing editor of the Chronicle, sat in the witness- room waiting to be called to explain the animus of several news stories published in the Chrornicle in April, 1893 and 1894, relating to Landon and the indictments; and all the time Reuben Lloyd sat quietly at one side in the courtroom amysing him- self by making sketches and caricatures of the principals to the trial and incidentally watching its course in the interest of Mr. de Young. All the afternoon Attorney Monteith was employed in making objection to the embarrassing line of questions which were being fired at his client by Mr. Foote, which objections were almost without ex- ception overruled. Indeed, the court it- self took a hand at asking embarrassing questions just before the noon recess and when he was through, Mr. Monteith filed objections to these on the ground that they were irrelevant and incompetent and also as to the manner of the questioning, which he declared was cx\lcumfc.l to in- fluence the minds of the jury. The court refused to rule upon the objections. When Mr. de Young was finally called to testify, there was a good deal of wander- ing among paths notaltogether familiar to the attorney questioner, Monteith. Several articles had been published in the Cnronicle telling the story of the in- dictments against Landon. These publi- cations, it is claimed, were responsible to a great degree in bringing the sickness from mental distress upon Landon, which forms the basis for the claim for damages. Mr. Monteith asked Mr. de Young if he iz proprietor of the Chronicle, and he confessed that he is. He could not tell who wrote the article complained of. The ‘‘detail” pbooks for the date under consid- eration were called for and produced. They had no record of the articles. Toen Mr. Monteith wanted to know what record was kept of the income of the Chronicle in such matters, and he said the income was a mcatter of the business and not the news departinent, and declared he was being guestioned about things of which he had no personal knowledge at bes: The city editor at the time of the publi cation was the man to say who wrote the articles. If any man connected with the Chronicle received anything for the publi- cation he was not aware of it—there was no record of it. & Then Mr. Monteith—in order to show, he saia, how the publication complained of had injured his client—asked the witness as to the circulation of the Chronicle—how great it was on the days in question. Here Mr. Foote interiered, saying that they had not contested the statoment either that the articles in question had been printed in the Chronicle or that the Chronicle haa a wide circulation as charged. He objected to bringing news- paper controversies into court. He also charged Montieth with employing the case to drag before the public extraneous mat- ters for ulterior motives. Everything in this line material to the case had been ad- mitted. So Mr. de Young was allowed to go ,and John P. Young, managing editor, was cailed. He could tell no more about the articles as to who wrotejthem, and hef too, stepped down without any of tue revela- tions being made which Mr. Montieth de- pended upon. The proceedings of the day had been be- gun by London, under examination, testi- fying that he had been caused great men- tal distress by the indictments secured by the lallant Banking Company and by the publications referred to. _Mr. Foote began his cross-examination by a careful inquiry after bis health at the present time. The witness confessed that he was fairly well. Then Foote wanted to kuow if he had not been indicted shortly thereafter by the United States Grand Jury for using the mails to conduct a lottery scheme known as a suit club. The witness confessed to this, but said that that indictment had also been dis- missed upon his simple promise to dis. continue the suit-club business. Then Foote wanted to know 1f there had not been a shortage of some $14,000, which he had to make good to the Vermont Marble Company, after his some-time con- nection with it. The witness explained that there was some difference between himself and the company, by which he was required to turn over $4000 in cash and an insurance policy for $10,000. After a further inquiry into the status of the suit club, by which it was learned that at the sudden suspension of business there were many holders of tickets who were en- tirely out and injured, Mr. Foote came down to the five notes upon which the five indictments had been secured. The notes were those of tailors and sailors—people unknown in the business world—but their notes were discounted at the Tallant Bank, Mr. Foote explained, because of the confi- dence felt in the Mutunal Oil Company, one of its customers who introduced them, and of which company Landon was oue of the principal figures. The witness explained,'in regard to one of these notes, that it had been filled in by the president, Mr. Blank, for $300, while the indebtedness of the maker, or signer of the note, never amounted to more than $50 to the com»any. . It was about this transaction that Judge Hunt asked the witness a number of pointed questions, as to whether he thought it a legitimate business transac- tion to fill in a note for six or seven times the amount of the indebtedness of the in- dividual whose name was attached. The witness said that he thought it was simply a matter of accommodation. The court asked him if he thought that was an answer to the question, and the witness said he could give no better an- swer. 1t was to these questions that Monteith took exception. Attorney Foote took up the inquiry to learn if there was not an agreement be. tween Landon and Monteith to divide the $50,000 which they hoped to secure as dam- ages. gWhen this had been ruled out, Foote offered to introduce evidence to show that the five notes on which Landon had been indicted were only a small part of the Josses suffered in the same way by the Tal- lant Bank and which footed up some $30.000 > The court advised him to stick to his » five notes, as they formed the basis of the suit. Then Foote wanted to know if it was not a fact that there was a regular conspiracy between Landon and Blank, the president of the oil company, to 10b the Tallant bank. The witness said there was not. Foote wanted to knowif Landon had not quarreled with Blank because the latter had succeeded in robbing the bank of more than he (Landon) had. Landon, probably inaavertently, ad- mitted that they had quarreled on that account—causing quite a little sensation in the courtroom. _ The_ proceedings of the day were inter- rupted gy an almost constant crossfire be- tween the attorneys. Monteith, for in- stance, protested against the prolongation of the cross-examination. . “Time was made for slaves,” said Foote, “put I do not wonder that you are weary, my friend.” 3 The witness declared that Foote did not understand business methods. “Don’t you know that I haye been en- gaged in the practice of criminal law for the last twenty-five years?” said Foote. “Yes.? “Then you your business 2 3 L Again Monteith said something in an undertone to Foote and Foote in any- thing but an undertone declared : *‘Mr. Monteith, you must treat me with ordinary courtesy or I’ll make you.” At this the court interrupted, saying, “If both of you don’t confine yourselves to the trial of your case I'll make you.” The plaintif’s case was not in at the time the court adjourned. It will be re- sumed this morning. CALL 70 FRUT-GRONERS Convention to Consider Estab- lishment of a Public Market. must see that I understand ” The State Board of Horticulture Takes Hold of the Enter- prise. The State Board of Horticulture has is- sued the annexed call for a convention of fruit-growers and others to consider the proposition to establish a public market in San Francisc . SAN FRANCISCO, Cal., March 31, 1896. Numerous petitions and’ resolutions from granges, fruit associations and unions have been presented to the State Board of Harbor Commissioners, asking for the setting aside of part of the water front for th of & public wholesale market for perishable products, where any producer may sel! or have s0ld his products by any agent of his choice. The Harbor Commission has signified its willingness to assign the necessary space and 10 co-operate in all other ways in its power, but requires that the produc through some or- ganization of their own, sball have the direct detailed management of the market, subject, of course, to_such regulations as the comm sion may approve. In accordance therefore with various requests made to the board, public convention of fruit-growers and others interested is hereby called to meet at th rooms of the Chamber of Commerce, 419 Cali. fornin street, San Francisco, on Thursday, April 16, 1896, at 10 A. ., to Consider the sub. ject and determine whether in the judgment of those present such & market as is propos=d will be adviseble, and if so decided, to take the necessary steps for its establishuient and such otiier ection as the convention may deem wise, All granges, fruit exchanges or other organi- zations of producers are requested to sen duly accredited delegaies to this meeting. All transportation companies delivering perish- able proaucts to tnis City are requested to send representatives 10 said convention. All i commission or other merchants dealing in perishable proaucts are especially urged to be present. The convention will be addressed by able speakers, thoroughly conversant with the system of public markets, and will explain its objects, ete. The fruit season is rapidly advancing, and in order to perfect an organization to handle this year's fruit output end to complete ar- rangements no_time must be lost, and it is therefore hoped fruit industry will be well represented. Very respectfully, ELLW00D COOPER, President. B. M. LELONG, Secretary. ORI CIRBOLIC Ac, Mrs. Nellie Paulden Committed .guarters until Easter, when Suicide Last Even- ing. She Was Weak Minded and Hysterical From Long Continued Iil Health. Mrs. Nellie Paulden, the wife of Charles A. Paulden, bookkeeper for J. K. Armsby, commission merchant of 140 Market street, committed suicide at her residence, 2515 Howard street, about 6:40 o’clock last evening. A few minutes before this she walked from the back partof the house, where her husband and two little boys were, into the front parlor, and while alone in the room drank a part of a bottle of carbolic acid. Her husband theard her strangling as the burning fluid went down her throat, and running into the apartment found her unconscious. He quickly summoned Drs. Kirchhoffer ana Mary Morse, but she lived only a short time. According to the statement of the be- reaved husband sitting with his two little children in the now motherless home, she had long been in ill health and was often hysterical from her sufferings. “Her affliction worked on her mind,” said he, “and she would cry frantically over real or fancied injuries. “The stories of crimesand suicides in the papers always | made her sad and she would brood over | them for bours. I know no reason why she would kill herself. **She was cheerful up to a minute before she went into the parlor and swallowed the acid and bad been talking to Mr. Bridges, one of our neighbors, of a trip to the beach to-morrow. I don’t know any reason for it.” Paulden is a nephew of Charles Ashton, the real-estate man, and is known as a sober, industrious man and exceedingly kind to his family. Thesuicide was a native of London, aged 32 years. The litile boys are aged 7 and 3 years, respectively. sl = The Princess of Wales and her daugh- ters are to make Sandringham their heads thev wili go to Copenhagen for a fortnight to attend the wedding of Princess Louise of Den- mark and Prince Frederick of Schaum- establishment | that every branch of the | 'HOW RATES ARE LIMITEG They Must Be Equivalent fto Confiscation Before Being De{ clared Unreasonable. RAILROAD I}RIGHTS DEFINED Attorney-General Fitzgerald Advocates the Validity of the Schedule Fixed by the Commission. Attorney-General Fitzgerald did a hard day’s labor yesterday. It was all on be- | half of the people’s side in the railway controversy and without fee, other than | the gratification necessarily derived from | the thorough performance of one of the most weighty duties of his office. | The argument being essentially a legal one without oratorical fireworks or clap- | trap, was too dry for the average layman, | and outside of the persons directly inter- | ested, the official shorthand reporters of | the court, the newspaper reporters who | were not in the least troubled with in- somnia, the artists who were obliged to | draw upon their resources to keep awake, | the lawyers, the clerk, the bailiff and | Judge McKenna, there was but one spec- | tator, Barney Doherty, but he was a spec- | tator only in the Pickwickian sense, for he | | mistook the courtroom for a church, At- | | torney-General Fitzgerald for a seven- teenthly Methodist preacher and the argument for a sermon on the vanities of human life, and therefore dozed and nodded, and nodded and dozed again. " Judge Fitzgerald showed that he had | | profited by the adjournment of two weeks. 1or he had a pyramid of authorities before nim. e turned his attention first to the | discussion of the legality of the acts ofthe | Railroad Commissioners, and to the con- stitutionality of the law creating the com- | mission. Its legislative powers were given it by tne constitution, he said, and if had | powers equal to those formerly heid by | the Legislu!ure with regard to the fixing of | | fares and freight. 3 | Tue argument advanced by the railroad | company to show that Commissioner La Rue was_disqualified was taken up and | | combated. | Atitorney-General Fitzgerald, after the | noon recess, proceeded with his argument. | He read from the concurring opinion of Justice Miller in a Minnesota case ana re- | | ported in the 156th volume United States Reports. | | In that opinion Justice Miller says that the State has the legislative power to establish the rate of compensation of com- mon carriers. But if those rates are cx- orbitant so as to be a burden on the pa- | trons of the road, or if they are so low | that the property of the carrier would be estroyed or confisoated, there are reme- | ies for both of these evils, and the. only way in which these remedies can be ap- | plied is by a bill m chancery. ! | * Here Judge McKenna interrupted the | argument by remarking that he was afraid | that he did not undersiand the Attorney- | General's argument. A case is brought in | the State of California, he said, on the | ground that the Railroad Commissioners | had established unreasonable rates and the constitution says that those rates shall be held to be conclusive in the action. The defense is set up that the action of the Commissioners is anconsti- | tutional, inasmuch as they have acted un- | | reasonably. *‘Could a fornian court | | hear that defense?” inquired Judge Me- | | Kenna. | “*Certainly they could,” replied the | | Attorney-General. “Any law passed by | the Legislature is the law of the land-unad | pronounced to be unconstitutional, end when it is so pronounced it is void and in- | operatiye.” Judge Hayne remarked that it was not recessary to go further than to say that the validity of those rates was subject to | judicial investigation, but the reason why ‘ they are valid or invahd isanother matter. “The rates fixed by the Railroad Commis- sioners are conclusive, short of confisca- tion,” added Judge Hayne. “‘Rates are never unreasonable,” said the Attorney-General, ‘‘unless they are confiscative | _“You have argued,” raid Judge Mec- Kenna, “that the act ol the commission | proceedings they were valid. Now, would | | not an inquiry by me into the reasonable- | | ness or unreasonableness of those rates be proper?”’ | That depends upon what vou mean by | | reasonableness,” suggested Judge Hayne. | ““In all controversies, civil or criminal, | | the rates of fares and freizhts establishe | by the State Commission shall be deemed | conclusively just and reasonable,” con- tinued the court. ‘‘Shall the court stop | right there or shall it go further? And if | | it go further is it to disregard the constitu- tion 2" | After some suggestions from the Attor- | ney-General and Judge de Haven the | court with a smile remarked that the | Attorney-General might just as well go on | with his argument, but he would say that | the court did not understand it. The Attorney-General explained that until there had been an attempt by the proper officers to enforce those rates then, and oniy then, could the reasonableness of the rates be questioned. y Judge Fitzgerald went cn with his argu- ment and took up Mr. Herrin’s appeal to the debates of the constitutional conven- | tion for the purpose of ascertaining what was really meant by that convention. That would be proper, he argued, where the language of the constitution was doubtful or ambiguous or meaningless or full of contradictions. But in cases where the act of the Legislature or the language of the constitution shows upon its face what was intended by the Legislature the debates are not to be resorted to. The rules of construction with reference to legislative acts are somewhat different from the rules of construction as applied to the constitutional provisions. language of the constitation except where that language is either meaningless or where its provisions are contradictory.” Authorities were read in support of the contention that the law contemplated that common carriers should be allowed to earn something, no matter how much or how little, and that they should stand burg Lappe. unless they were so obnoxiously unreasen- able as to amount to;confiscation. NEW TO-DAY. 25 Years’ Succe CAUTION: None genuin the frm “Andreas BOOSOA Hunyadi Janes The World’s Best Natural Aperient Water Highest Reputation all Over the World Saxlehner,” on the label ss in the U. S. e without the signature of OO *You | cant never look to anvthing outside of the | l law and Notary Public, 638 LATEST SPRING AND SUMMER Capes and Jackes Imported Silk and Lace Capes, trimmed with Chiffon, Black and Colored Beads. Stylish Suits, latest cuty with Blazer and Box Jackets. Norfolk Jackets with Gold Belts. SOME _LIGHT TAN itched bands, rippled back, que and i §9 +ne §1.00 HA TAN CAP] some App , Hand- FROM PARIS DIRECT g Col'r'd MIXED EVIOT and TAN BLACK material SPECIAL BARGAIN. JUST RECEIVED— 25 BLACK SERGE SUITS, WORTH %12, TO GO AT $8.00 SE HABLA ESPANOL. G. VERDIER & CO.,, SE. Cor. Geary and Grant Ave. VILLE DE PARIS. BRANCH HOUSE, LOS ANGELES. . wasdn legislnl;\'e a(;c; mndl when they nave 3 = Oy acted, what they have done becomes the < P = law of the land. You have 1urtl14-r%TAl:“-,!3,()\Q" - SUMMER' 5 | argued that what they did was bind- | Latass sivies. Slepamte n ooy Jmportation. ing upon everybody, except as against | dle OF narrow square toc. A1l sives a direct proceeding to set those| from AAA 0 EE. Youll not | rates aside, and that in all collateral re for less than by buying here, walicy and style, $1.50. We have just received a large invoice of Ladies® Fine Dongola Kid Soutaern Ties, wizh cloth tops, pointed toes and tips and hand-turned soles, waich we will offer for $1 35. They are ueat, stylish and good wearers. EVERYBODY WONDERS can seil so cheaply. Simple enough. this L 2 building—no e ormous rent u share in the saving. NONARCH SHOE (9., 1346-1348 MARKET ST. OPP. ODD FELLOWS’ BUILDING. Country orders carefuliy filled, FREUDS CORSET HOUSE. | Every Ladv Can Have a Lovely Form | by Wearing FREUD'S CORSETS. | Genuine Jenness Miller Model Bodice, Equipoise Waists. PATENT “GOOD SE” CORSET WAIST! GENUINE JACKSUN, FAVORITE w,-u"r.s' = | = o s L |2 3 538 |3 : 235 ==3 BEn i;u Fr o % | Q= =~ EEE 292 2= S=m J8e 53 - S iy gi;‘ Efs e I°) ] 5 7 - Eos Eow *2 Our Illusirated Catalogue sent fre. e t any address. o Mail orders receive prompt attention. We have no branch store on Market street. MAKE NO MISTAKE IN OUR ADDRESS M. FREUD & soxr, 742+744 Narket St. and 10-12 Grant Ave, COSMOPOLITAIN, Opposite U. &. Minz, 100 and 102 Fifih st., san Francisco, The most select family hotel in the clty. Board and room, 51, $1 25 and $1 50 per day, according 1o room. Meals 25c. Rooms, 506 and 750 4 day. Free coach to and from the hotel Look for the coach bearing the name of the mopolitan Hotel. WM. FAHEY, Proprietos. NOTARY PUBLIC. HABLES H. PHILLIPS, ATTORNEY-A® Market st., oppo 1620 Fell 8. ‘Vele ephone, “Pime 2691 site Pnl.n"mi Hotel. " Residence,