The San Francisco Call. Newspaper, April 1, 1896, Page 11

DRAW SPANS ON 1 OAKLAND CREEK, Final Hearing Before Col. { Suter of the Engineer Corps. \ MUCH TESTIMONY GIVEN Every Interest Affected by the Navigation of the Creek Represented. CONTENTION OF THE RAILROAD | g8uge are made to cross each other in an | Opposed to the 150-Foot Draw—Will Build a Steel Structure at Alice Street in 18¢8. very interest affected by the mainte- ce and operation of the Webster-street Alice-street bridges over Oakland Creek was represented at the meeting held e office of Colonel C. R. ed States gineer Corps, charge of tke San Francisco and This conference was discuss before Colonel final o presenting the War Department, to e on navigation of the mainte- ent method of operating the ures mentioned. were present: Mayor Davie District Attorney Snook of meda County; W.G. Curtis, engineer b nance and way of the Southern > Lyman Bridges of San Leandro Railway John McMullen, president of rancisco Bridge Company, and , @ wharf-owner of Oakland. present the situation it is Yy to state t the Webster-street owned by the county, and that e Soutbern Pacific Company has the use e structure in return for paying monthly the sum of §100 for the services -tender and keeping the bridge, except the flooring, in repair, while the -street bridge, farther east, is the ithern Pacific Company ipal proposition related to in- draw-span in both bridges so 50 feet of clear opening, The n the Alice-street bridge is now that of the Webster-street s %2 feet. Another question was i z one combi- and highway bridge for now in w fon the railroad company 100 feet of the open' that a longer draw vieldy s, difficuit to rol. Curtis stated, howi 1atever might be the ruling o ec- of War in the mat er it would be submitted to by the railroad company.. d, He added that if tk \pany was given unul December 31, it would replace the Alice-siree e with a permanent steel structu: , operated by some mechan- ical power, ' carry both_tue broad and trains, abandoning entirely treet bridge, over which the complaints in which the b that both b ng He said ials that es are operated. es were unlocked by novement of traius in bridge, which is done auto- ough an electric circuit bell rings in the signal 1e to pass tbrougn ore the train can Cross ove nlocks his bridge £ud opens it to 1 reby preventing the tower- Y ving any sig permitting a train to approach the bridge. 11, onthe other hand, he concludes that the tr. : s without delaying the 0 the tower man and In this way, Mr. the safe passage of both vessels is assured. Vessels, he always given precedence multaneously with a These at least are the orders to the e-tenders, he 1f the bridges ot operated under this system it vas the bridge-tender’s fault. o far as the railroad’s control of . Cu stated that it courted all well- ded comvlaints and would redr evances that the vessel men bad bridge-tenders. Most of the muolaints, he claimed, were against the Webster street or county bridge-tender. #; Mayor Davie presented a petition from a large number of vessel-owners asking for better facilities at the bridges. The mari- time interests are strongly in favor of one bridge, as tenaing to obstruct navigation less than two. District Attorne; cok took the posi tion that the county without authority to do more than maintain the Webste street bridge as it now exists, and that State legislation would be necessary before the Webster-street bridge could be done away with and all traffic confined to one structure. John McMullen stated thet in his opin- ion the county oftficials did have authority to make all necessary changes in this respect without appealing to the Legisia- ture. Lyman Bridges suggests that the Goy- ernment engineers should take into a count the feasil of a great bridge across the bay, which miznt be constructed by a vproperly organized terminal com- pany, thus affording a raiiroad entrance into San Francisco for all railroads now terminating at Oakland. The matter was not considered germane to the subject under discussion and received but a pass- ing notice. Colonel Suter will now weigh all the testimony and documentary evidence sub- mitted to bhim and then forward the same with bis own recommendations in the matter to the SBecretary of War, whose 1 on will settle the whole controversy. e tSe e THE ALAMEDA BRIDGES. For Years the Means of Travel Over the Estuary Have Been Inadequate. The most important question in Oakland and Alameda relating to railroads or highways bas long been recognized as the probiem of the estuary bridges connecting the two cities at Alice and Webster streets. There is a poor old county bridge at Webster street. It is maintained by the oad company as compensation for the e of tunning the Oakland narrow- wrains overit. Itis the only public bridge connecting the cities except at the eastern extremity of the estuary, where stands the landlocked drawbridge at Park str The Webster-street pridee is altogether unsuitable and too narrow for the traffic overit. That has been an uncontradicted declaration in Oakland and Alameda for ten or twenty years, Tae bridge has varie ous elements of unsafety, and with most | galge ana broad-gauge trains over that. Wien a tramn signals the ap-| a ves- | tower oper- | the matter went | THE SAN FRANCISCO CALL, WEDNESDAY, . APRIL 1, 1896. of its surface oceupied by the railroad and electric car tracks, while an antiquated draw is operated in the slow and ancient {nshion, it in some respects resembles a rap. It is a trap. Everybody admits that. Five or six years ago—the date is marked more accurately in the death records of several Oakland families—an engine and oneoriwocars were caught. About ayear ago another accident occurred, in which a car took twenty-five or thirty passengers down into the water, killing some and in- Juring many more. Last year an electric .car, crossing the bridge on a dark night, plunged from the bridge into the water, {or there were no lights and no signal was given that the draw was open. No lives were lost, for the reason tbat there were u0 passengers in the car. _With a suitable bridge accidents under ¢ircumstances such as governed these would be impossible. The Alice-street bridge, apparently 150 or 200 yards up the estuary, is owned by the railroad company. It is_hardly a modern structure, and supported on piles it has not been regarded with complete confidence by those who travel over it. There is no public way over the Alice- street bridge and the main travel by wagon between Oakland and Alameda must be over the Webster-street bridge. With the two bridges so close together the narrow-gauge railroad and the broad- awkward manner at the foot of Webster street, Oakland, and the location of the double crossing is disadvantageons to the ordinary public travel from one city to the other. Equally objectionable to navigation are the two bridges regarded by the meu whbo have to take vessels up and down the estu- ary. The slow-moving draw at Webster street hasu span of eighty-two feet—ihe railroad men in charge of it say—that is, eighty-two feet on each side of the central pier. Just above that is the Alice-street draw- Ibridze. with a span of only seventy-nine eet. Over the Webster-street bridge are run four trains an hour; electric-cars pass one way or the other every three or four min- utes; much of the freight for Alameda is hauled that way from the boats that run to the foot of Broadway, and there is a constant procession of vehicles going in each direction. The marine traffic, up and down the es- tuary, is also very large and the shippers and boatmen have a hard time of itin getting through the pair of old draw- bridges. The bridgetenders usually have somcbody waiting for attention, either on the roadway or in_ the stream, and their lot would be a hard one but for the navi- gators directing their profanity at the rail- road company as responsible for the con- ditions, and the trainmen and car con- ductors have acquired the philosophical habit of swearing at the county for build- ing such a bridge. There is swearing enough on both ende, but that doesn’t help the bridge, which is the middle. Mayor Davie of Oakland even declares that the railroad company has the bridge- men trained to keep the drawbridges closed 48 long as possible when his freight- steamer is wailing to go through, and shipping men in general say that all the advantages are given to the trains. However these things may be, all the men concerned agree that the Webster- street bridge cannot be made to conform to all the demands upon it. In every way it is too small. If the draw were al- ways open the room for the vessels to pass would be limited, and if it were al- ways closed the jamming of teams and electric cars could not be prevented. Oc- casionally a ship that is being taken up or down the stream sweeps azainst the pier, and in that there have been long delays to travel over the bridge. Various plans of effecting a remedy have been discussed auring the past ten years without practical result, but it is believed that a solution of the problem has at last been reached. The railroad company has offered to give up its right of way over the Webster- street bridge, leaving to the two cities tie entire use of that bridge. It wants to re- place the Alice-street bridge with a new | steel structure and to run thelnarrow Plans for such a bridge have been pre. pared about a year, the railroad men s: a change after the accident in which Sim- mons and others were killed at the Web- ster-street bridge. The plans of the proposed bridge, how- ever, call for a draw with a span of only 100 feet on_each side of the central pier. The shipping-men interested in the estu- | ary traffic demand that the span in any new bridge be not less than 150 feet, and | upon this point a hitch is expected. W. G. Caurtis, assistant to the general said last night: | to rebuild the Alice-street bridge, which it owns. The company will build a steel | bridge on a masonry foundation. The plans that we have adopted call for a 100- foot span. The company would object to a 150-foot span as unnecessary, but would accede to whatever might be required by | the Government engineers.” | Mr. Curtis says that the plan is fora | bridge to be used exclusively Ly the rail- road. That would not do away with the present inconvenience of two bridges so close together, but Mr. Curtis announces | thatif the county wants to consider the plan of buildinga joint bridge with the roadway over the railroad tracks the com- pany is ready to enter into negotiations The establishment of a county and rail- road brid.e at Alice street would mean the abandonment of the Webster-street struc- ture. Then the electric railroad would have to be changed lite the narrow-gauge road. In Alameda a new street would be {run through to_ the Alice-street bridge, | probably from McPherson street. It is | urged by some that the change would be a detriment to Alameda, but there Lasyet been no offcial action regarding the | matter. | What Alameda men do speak about with appreciation is the prospect of having the trains run over a more substantial bridge than the present one, and the Oakland | commuters who travel over the narrow- | gauge line are enthusiastic about the con- templated change of their route. | ART ASSOCIATION. Directors for the Ensuing Year Elected. Financial Condition of the Institation. At the annual election of the San Fran- cisco Art Association yesterday only thirty-one votes were cast. There being no opvosition in the field the regular ticket received all the votes polled and the following directors were chosen: James D. Phelan, L. P. Latimer, Edward Bosqui, Horace G. Platt, J. C. Johnson, Henry J. Crocker, Arthur Rodgers, Henry Heyman, Charles R. Bishop, William G. Stafford, Joseph D. Graat. The annual meeting held last evening was not largely attended. Among the di- ractors }»resenz were James D. Phelan, Henry J. Crocker, L. P. Latimer, Henry H;ymnn and Horace G. Platt. he annual report of Secretary Martin was read. It was disclogsed incidentall that the profits of the Mardi Gras ball amounted to $1 47. The present member- ship of the association is 623. Following is the amount of cash on hand in the several funds: General fund $4959 76, sermanent art fund §$13,503 46, Searles’ ome fund $5513 35. The number of students in the school has 1ncreased to more than 100, and it will not betong before more room will have to be provided to accommodate the large number of applicants expected in the near future. The newly elected board of directors will meet some time this week and elect a a president. —————— Flying squirrels have the power of mak- g leaps without using their legs, as the: have a fold of skin at each side of their body, which, spreading over their extended paws, forms a kind of aeroplane which supports them in their passage through the air, 4 i and it is apparent that the project was | adopted when Oakland clamored for such | manager of the Southern Pacific Company, | “The railroad company’s proposition is | | the value of asocial interestin political 1 Laura Patterson, ou the charge of grand lar- MRS, FOLTZ ON SUFFRAGE The Well-Known Lady Lawyer Compares the East With the West, MANY CLUBS BEING FORMED. Predicts Woman’s Triumph in Califor- nia and Pays Tribute to Noted Leaders. “I find women in the East, as here, anxious to participate in political affairs, but there seems to exist in that section of the country a better understanding of the | questions at issue.” . duch was the reply of Mrs, Clara Foltz, the well-known woman lawyer, delivered to an interviewer at the residence of her daughter, Mrs. fayette Smalley, 404 Haight street. The question was as to the interest taken in the cause of female suffrage by its proponents in the far east. Mrs. Foliz has just returned to California for a short visit to those early associations with which she was surrounded while here. With her characteristic energy she has already thrown herself into the thick of the fray | ceny. She alleges thaton April 16, 1895, her daughter stole & gold waich valued at from her and pawned it and now she wants her punished for it. INTERESTS WHEELMEN. Position of the Racing Board Toward Amateur and Relay Riders. R. M. Welch, representative of the League of American Wheelmen’s racing board in California, received a letter from Chairman Gideon of the board yesterday, which is of particular interest to the wheelmen of this State and elsewhere. It deals with the relay races, what constitutes amateur prizes, and how an employe of a manufacturer may be made a professional. It is as follows: v PHILADELPHIA, March 26, 1896. My Dear Mr. Welch: Replying to yours of March 20 I am entirely satisfled to await the end of tae relay before making transfers. Ii aman has contracted with'a manufacturer to ride that manufacturers’ wheel he is no longer an amateur, but we have no jurisdiction over him unless he appears on the track. In regard to expenses paid for amateur road- racing we cannot take cognizance unless the man makes his appearance in a track race. Under the rules ouly the acts of competing with or pacing & professional, competing for cash prizes, or selling prizes won in a road- race, will transfer to the proiessional class for road-racing. A man who has his expenses paid tor such racing, if he is limited to his expenses and not paid money for racing, is no worse than the average college or A. A. U. athlete. 2 The provision of the by-laws giving us cen- sorship over prizes undoubtedly permits us to prescribe the character of amateur prizes, and two years ago we did limit them to medals, jewelry, plate and cycle sundries; but it was $0 much trouble and worked such an injustice in little petty cases that it was found impracti cable and consequently was abandoned, Zal- » \i’ ("f_){?,\(@ ;{f Tl CLARA SHORTRIDGE FOLT, ot [From her latest photograph by Parkinson, New York.] for the cause of female suffrage in this | State. “For instance,” added Mrs. Foltz, in ex- planation of her first statement, “there is | amisunderstanding as to what the ‘new’ | is. The ‘new’ woman 1s her husband’s | comrade, her brother's associate, and | her son’s counselor—a woman who finds her highest pleasure in life in being | at home and in the company of those who | are nearest and dearest to her.-She is nota great, big slattern with a club in her hand and a stain upon her tongue, but she | wishes to be man’s political equal and a viser, Eastern people understand her far | hetter than Wstern {eo}:le. That is the | way it seems to strike me, at least. ‘The women themselves seem to understand affairs. The State is the home, isn’t it? and the mother is the guardian of the home? and the son cannot hope to rise higher than his source? Well, then, if women are careless and indifferent as to the science of government, it follows as a logical conclusion that their sons wiil be equally so. No woman can be interested in a thing of which she knows nothing, and neither can she inculcate into her son the principles of that of which she is ig- norant.” Mre. Foltz is an excellent exemplar >f the fact that a belief in “woman’s rights’’ does not necessarily tend to unsex woman. “Yes,” she continued, “I know that some women have forgetten themselves, and while fighting for tae emancipation of the sex have acted in a manner which has given our opponents the chance to sneer at us and ridicule the movement. But a true woman will be a woman and a mother in politics as well as in the home.” “What do vou think of affairs in Cali- fornia, Mrs. Foltz? Are you satisfied with the progress you are making?”’ “Immensely! Immensely! The women as you well know, were greatly encourage by the action of the Republicans in in- serting the twenty-ninth plank in their platform two years ago, declaring for equal suffrage. "'We have organized ciubs in almost every county in the State. These clubs are auxiliary to the State Sui- frage Association, of which Mrs. A. A. Sargent is president. I think it was a reat compliment to ihe association when Mrs. Sargent decided to accept the presi- dency. Her husband advocated our cause in the Senate with great ability, and in my opinion it i3 most consistent tha! his widow should carry on the noble work of benefiting her sex. The headquarters of the association is at her home, 1630 Fol- som street. . ““After the arrival of Miss Anthony and Dr. Anna Shaw, in_connection with Mrs. Nellie Holbrook Blitn, they decided to adopt the plan of parlor suffrage meetings conducted with such successin the East. Already clubs are organized in everv As- sembly District. At Colonel C. H. Blinn’s last night the Invincible Club was organized. I was present, and I must say that I spent the most delight- ful evening of my life. Mrs. Blinn, ex-president of the State Suffrage Associa~ tion, was elected president, Mrs. Harland n‘orresponainf secretary, and even Colonel Blinn himself and W. McNeil accepted offices and vromised to help the ladies in their battle for equality. Miss Anthony’s speech was devoted to explaining the best way to carry on this campaign, and after 80 many years’ experience there is no one 80 capable of mapping out the plan of ‘conquest as she. “Mrs. Blinn has been sick, but she has now fully recovered, and will take part in the campaign with her former vigor. We will carry on_ the fight from house to house, from Van Ness avenue.” Here Mrs. Foltz stopped and laughed heartily at the incongruity into which her enthusi- asm had led her. ‘‘Asa parting speech,” said this versa- tile lady, ‘'let me state that I never appre- ciated the services of the old warhorses so much as I did Jast night.”” Stole From Her Mother. Mrs. Ella Beuschultz of 54 Morris avenue swore out & warrant in Judge Joachimsen’s court yesterday for the arrest of her daughter, though I still believe it was right. Very truly yours, GEORGE D. GIDEON. The construction of a six-lap board track will be commenced in Central Park April and a National circuit race meet- ing will be held on it May 16. The circuit will open at Santa Rosa April 30, May 1and 2, continuing at San Jose May9, San Fran- cisco May 16, and then to Southern Cali- fornia, Arizona and the East. Tom Coover, the crack class B rider of last year, left Chicago yesterday for this City and.not last Friday, as has been stated. He will go into active training | while here and follow the National cirenit. THE GLYMPIC WRESTLERS A Large Gathering of Ladies Witnessed the Tourna- ment. Contests Which Were Not Very Spir- ited—Bouts Postponed to a Future Date. A large gathering of ladies witnessed the catch-as-catch-can wrestling tourna- ment of the Olympic Club last evening, and, judging from the interest they mani- fested in the contest, the sport seemed to please them. Between the bouts, the world-famous head balancers, the Pantzer brothers, gave a very excellent exhibition of tumbling and other features of athleties, at which they have no equal. Their head. 4 | balancing was simply marveious, and took the audience by surprise: The wrestling commenced at 8- o’clock sharp and continued until 11 o’clock,when Superintendent Kennedy announced that owing to the lateness of the hour the finals would be contested some evening in the near future. Some of the bouts were very interesting, but there were a number of contests very tiresome because the contestants remained on the defensive and made little or no at- tempts at wrestling. The speetators expected to hear the referee caution the wrestiers and then order the contestants who persisted in defensive work to their dressing-rooms. The bouts were of ten minutes’ duration, but in some instarces the timekeeper ex- tended the timelimit to at least fifteen minutes. The following is the order of events: Heavy-weights: J. V. Kington defeated C. W. Hawks and F. G, Phillips defeated Kington. Middle-weights—C. W, Hawks defeated L. Fentres and F. G. Phillips defeated Hawks. Lightweights—C. T. Kreling defeated R. 8. Wilson of the Oakland Athletic Club; H. F. Butler of the Olympic Club wrestled two draws with J. C. ‘Williamson of the Acme Club, and in the third attempt to get Williamson on the carpet struck the edge of the mat with the heel of his left foot, and fell on bis back, thereby losing the bout, and giving Williamson, the man who played the defensive part, the match. Georie Eckbart wrestled a draw with Butler, and then they tossed a coin to de- cide which of the two would wrestle with Williamson. Butler won the toss, but being slightly injured he could not mect his opponent, and the bout was postponed until the evenin| en the finals will be decided. J. C.EW amson then wrestled Kreling, and the referee decided the bout a draw after the contestants were fifteen minutes on the carpet. X Feather-weights—H. Platt of the Olym- pic Club defeated G. La Rue of the Acme Club, and E. P. Armbruster of the Olyni- pic wrestled a bye with La Rue. This terminated the contests for the evening. R. MacArthur actea as referee, and F. R. Butz and C. ¥. Morel held the watches, which ran ve ry slow at times. | OFFICIAL OATHS STOLEN, Police Commission Documents Not in the County Clerk’s Office. ATTORNEY WIRT'S SUGGESTION His Attack on Tobin and Alvoerd Now With Attorney-General Fitzgerald. N. S, Wirt, the attorney, who recently attacked the validity of the appointment of Police Commissioners Tobin and Alvord, undertook dast Monday to inform the Attorney-General of California upon the facts forming the foundation for a claim that these two officials have no legal right to hold their office. In presenting the facts Wirt sent the following letter to the State’s attorney : SaN FRANCISCO, Cal., March 30, 1896. Hon. W. F. Fitzgerald, Attorney-General, State of California—DEAR SIr: Knowing that the Governor of this State has referred the whole matter pertaining to the appointment of Police Commissioners for the City and County of San Francisco for your legal opinion, in ‘such case made and provided, it ought to be my duty, under the circumstances, to render you n epitome of the information which has been oObtained from the records and other sources. Two of the incumbents in office—Robert J. Tobin and William Alvord—were appointed by the District Judges in April, 1878, and each of them failed and neglected to file his oath of office until May 5, 1885, which the book of original entries of official oaths fully shows in the County Clerk’s office of this City and County in the due and regular course of entry required for all official oaths. Neither of said official oaths, which are re- quired to be filed, can be found in that office, and they are missing irom_the ususal box kept for that purpose. No one has the right to take the filed records away. The case of Hinton vs. Hammond was decided just about that time. The entire business is for future reflection and action. It is provided by sections 907 and 909 of the Political Code that the oath of office must be taken, subkcribed and filed in any case before the expiration of fifteen days from the com- mencement of his term of office, and duly filed in the office of the County Clerk. This being true, their office was, is now and ever has been vacant. Section 996 of said code thus provides: “An office ‘becomes vacant on the happening of either of the following events before the ex- piration of the term: 1. The death of the in- cumbent. 2. Hisresignation. * * * 9, His refusal or neglect to file his official oath or bond within the time preseribed.” “If he failed to do these things according to law, and within the time required by law, the oftice was vacant.” Hull vs. Superior Court, 65 Cal., 176. Tne legal opinion which you are to render, whatever may be the final result, hopes are entertained that it will be based on reason and the best authority, and when 2ll is re- judged by the community, you can conscien- tously consider that you duly performed and truly executed an important duty in your public cnreer required by the constitution. Yours respectfully, N. 8. Wier, Attorney-at-law, Supreme Court building. Said Wirt yesterday: In my judgment the whole question about | the Police Commissioners has been a sort of a | compound doublé-complex combination. A great majority of the people understand that the constitution is the supreme law. They be- i that there should be no life tenure i offices, and that there should be no per- petuity in such offices, and that it is against the spirit and policy of a free and republican form of government. Blackstone lays down the doctrine of the ing’s perpetuity in office, which, while he lives in his natural capacity, is called his Kingship or imperial dignit It seems that the Supreme Court of this State in deciding all of the late cases never had its attention called to section 9 of article X1 of the constitution, which thus provides: “The compensation of any county, city or munic ipal | oficer shall not bé incregsed aiter his elec- tionor during s term of offi nor shall the term of any such officer be exterded beyond | the period for which he is elected orappointed.” | This provision controls and puts a limitation | upon all provisions of the statute and all de- cisions not bearing upon and giving a con- struction to this constitutional provision. | The Supreme Court in a very late case has de- | cided that there are other vacancies besides | those mentioned in section 996 of the Political | Code, and which case was fully and ably ar- | gued by & whole array of promine 1t counselors | atlaw. It is well known that we cite too | many authorities before the courts whicn have no real application in principle, and that the best jurists admonish and do advise that two | or three leading cases which contain the prin- | ciple involved in the case in question at issue | are far better than volumes which have no real actuel application and add no weight to the principle involved in the case and no author- | ity for adjudication. The petition sent to the | Governor of this State w as prepared with care, | and he acted upon it according to the constitu- | tion and referred it to the Attorney-General of | this State. | 1f new Commissioners should be appointed | it is claimed that by section 1085 of the Code of Civil Procedure they could be seated by speedy proceedings by writ of mandamus in the Supreme Court of this Statc. I have no animosity or ill will against any one, but I sin- cerely believe that the law should be our rule | and the constitution our guide. Police Commissioner Alvord laughed at the claims of Wirt. “These things,” he said, “‘invariably come up about political times. I don’t know that there is any- thing worthy of notice in the matter. I received my appointment from Governor Waterman July 11, 1890. On July 12, 1890, I took theoflicial oath, which was recorded in the County Clerk’s office July 17 follow- ing. Isuppose on that date we filed the oaths, Mr. Tobin and myself, and then | held a meeting. ‘““There is certainly nothiug strange in the statement that the oaths were ex- tracted from the County Clerk’s office. We can’t help that. It is'not our business to act as custodians of documents filed in the County Clerk’s office.” Commissioner Tobin said he had filed his oath of office when first appointed, but he could not remember the date. Long after- ward he was apvointed by Governor Wat- erman in conformity with a new law. At that time the whole commission received official appointments from Waterman, to which were appended the great seal of the State. It is under these documeets that both Messrs. Tobin and Alvord are now holding office. Commissioner Tobin said he had secured legal adyice upon the ques- tion and felt satisfied that "the appoint- ment was valid. The old appointment had no bearing upon the case from the day that Waterman issued those documents in 1890. | { MARTIN I8 G FEER, The Chances of His Recovery Are Now Extremely Doubttul. Mrs. Martin Receives a Large Number of Lady Callers at the City Prison. John F. Martin, Deputy County Clerk, is hovering between life and death at the Receiving Hospital. He seemed to im- prove yesterday, but last night he was in a high fever and the worst was feared. Dr. Fitzgibbon, who has charge of the patient, positively refused to permit any one to see him. - His sister, Mrs. Musante, and his foster-mother, Mrs. Chase, 420 McAllister street, were among the callers, but they had to leave without seeing him, ‘The doctor is ganguine of pulling him through unless peritonitis shouid set in, but few, if any, share his opinion. ““The course of the bullet,” said the doc- tor, ““‘was most remarkable. It entered the back directly beneath the lung, and, though its path lay directly between the man’s most vital organs, contact with them was escaped. The bullet took a downward and then an outward course, and, though it passed between the liver, kidney and lung, none of these vital or- gans were touched.” .Martin was told yesterday morning of his wife’s solicitude for him, and, in answer to a question as to whether he wished to send her any message, he shook his head and added that he haa received a message from her on Monday night and | that was all he cared for, at least for the present. Mrs. Martin was much calmer yesterday | and was resting somewhat easier. Her sister, Mrs. Ned Foster, is constantly with | her, and does all she can to soothe her. A large number of lady friends called at the City Prison to see her yesterday, but they were not permitted to stay beside herlong. She inquired of every one as to the condi- tion of her husband, and when she heard of his improved condition yesterday morn- ing she seemed greatly pleased. The change for the worse in his condition last | night was kept from her. One of the callers upon her last night was Louis G. Musante, the husband of Martin’s sister. He was not permitted to see her, but sent her a note. He said: “Susie was a mighty good wife to Martin. She was thoroughly domestic in her habits and did all she could for him. Her story of his treatment of her is not far fror the truth.” Carroll Cook has been retained to defend Mrs. Martin, and in accordance with his instructions both she and Mrs. Foster de- clined to say anything further as to the causes that led up to hershooting her hus- band. Martin assigned his warrant a few days ago as patrol driver te Soloman Kampe in | the Columbia building, but instead of | being for ten days it was for the full month, $90. Kampe called at the County Clerk’s .office yesterday, but found that | Martin had assigned his warrant for $100— twenty days’ pay—to_Ferdinand Smith, Montgomery street. Kampe is, however, satisfied that if Martin recovers he will be repaid the $60 overdrawn. | ——— | NEW TO-DAY. ‘The teeth—from decay: : The gums—from softening. ‘The breath—from impurity. T he pocket—money. By using liquid Sozodont every day, the powder (in same package) twice a week, you get the most you possibly can for the money. ¥ ok ok b b b S A small sample Lottle free, if yon mention this publication. Address the Proprietorsof Sozodont, Hall & Ruckel, Wholesale Druggis w York City. 4 i TRADE MARK 22 Geary St., Near Kearny, Respectfully #nnounce the | arrival of almost their entir® importation of Black Wool and Mohair Crepons, Black Mohair Brocades. | Black Sicilians and Lusters. Black Silk and Wool Figures. Black Satin Duchesse. i LADIES' FRENGH KD BUTTON LADIES' | LADLES FRE MEN’S CALF SHO At Less LADIES' FIN MISSE ) NOLAN BROS. SHOE CO. CLOSE OUT The Following Lines of Our Own Nake FINE SHOES All Widths and Sizes, AT LESS THAN FACTORY PRICES. &~ Cut this out and save it to order by. LADIES' FINE PARIS KID BUTTON, cloth or kid tops. poiuted or square toes, patent- leather tips $1'75 per palr cloth or kid tops, polnted or square toes, patent- ¢ tips, flexible sole: XTHA QUAL BUITON, rY FRENC oth or kid tops, very latest pointed need!e square Yale toe, diamond exible soles.$2 60 per palr KID seam)ess foxed, satin finished, Very latest style, pointed and narrow square toes, diamond patent-leather iips, hand- sewed soles, $3 per pair, best qn-lé‘(&! : % S 2 NS A M NCH PE G0A oe and tip, spring heels. 3 0, sizes 11 to 2 $1 75. Y TAMPLCO new_ style, Square Lo per pair. B E it French kid le. square PEBBLE button, pi toe and tips ... 2 50 per pair. LADIES' FRENCH KiD CLOTH-TUP LACE SHOES, vpointed needle toes, diamond patent-leather tips -..$2 50 per patr. . LAD HOES. \x;hat It saves: LADIES ¥ GOAT . BUTTON, ps <BBL 1are toe : AR tyle DArrow square toe pring heels. . s o s 175 per pair FON, cloth or e NAITOW SGUATE toe, pat- g hees... et pair FRENCH KID cloth_or kid narrow square toe, dlamond tps. ..............52 50 per pair i FRENCH KID, cloth top lace shoes, pointed needie toe, patent-ieather tips, spring heels .#2 50 per pair MEN SHOES. S, Lace or Congress, NE CALF TA st siyle pointed razor toes style narrow square Y ale toes THE FOLLOWING LI nev-t 50 per pair OF EASTERN - MADE SHOES WE WILL ALSO CLOSE OUT Than Factory Prices: DONGOLA KID BUTTON, "FINE PARIS ed or narrow square toes, patent lea y BUTTON jeather tips. . S| 11 Y STATE' ard Serewed. Cannot $1 25 100 20 Spriug Heeis or Heels uced prices. Send us your s du address and we will mall you a catalogue. WE HAVE NO BRANCH STORE ON MARKET STREET. Mail orders receive orompt attention. NOLAN BROS. SHOE CO. 812814 MARKET STREET, 9and 11 O'Farrell M., PHELAN BUILDING. Long Distance Telephone 5527 Black Silk and Satin Brocades. Our stock Is composed ex- clusively of BElack Fabrics embracing the largest collec- tion shown in San Francisco. Examine the values we offer before purchasing elsewhere. Put thison — ;'a“",?v. % B = v " 5 —do ‘' you want more in a bicycle? T ereismoreinthe King of Monarch sozst 4 models. $50 and §100, fully puaranteed, For children and adulis who waut a fower price wheel the Deflance is made in models, $40, 850, §80, $15. Send for Monarch book. MONARCH CYCLE MFG. CO., and 5 Front St., San Francisco. v Your Iis e A4, by THE IATEST Aoveesry Koo, T No. 727 Washingou St, 1to4dand 5 to 7. day, 9 A. M. to 12 M. | 1SI0 MARKET ST, X = N, LIT0 TAI JR., Chinese Tea and Herh Nanitorium, n Francisco, Cal. Cor. Brenbam Place, abova plaza. 9to12, Sun- the Office Hours: LiPo Tal Jr., son of the famous Ll By Tai, has taken his father's business, and is, afier eleven years’ study in China, fully prepared to locate and treat all diseases. tionof a iseas yous or di Pimple: Constipet BEFORE ano AFTER als. A writtea es of th i Tnsomuita, Paina'a the Bk, Semin ess to ipation. Tt stons all Iosses by da Eflhzhn hfllmh"x?,rwhlch it notgnec ed and '@ horrors of Impotency, CUPIDEN] leanses kidneysand the urinary organs of all imparies o e liver, tg CUPIDENE strengthensand rostores small weals organe, Tho reason sufferar are not cured by Doctors Prossaditin: CUPIDEN £ia theonly known remcts arantee given and money returned | #1002 box, six for §5.00, by mafl. Send for FRES circular and tesimonal Address DAVOL MEDICINE CO., 1170 Mnrakel street, San Francisco, “CUPIDENE" Thi RESTORED.x=:zeess famous French physician, will quickly cure of all ner id e ai OF night. Prevents o Spermutorthosh ard ory Back, Seminal Marry, Exhausting Drains, V impurities. is because ninety per cent troul with G Gitrs wilhost o m'nfi 5000 PeI:gmnnl- six boxes does l,):t t & permanent cure, Cal. For sale by ROOKS' PHARMACY, 118 Fowell streei