The San Francisco Call. Newspaper, April 8, 1896, Page 16

16 THE SAN FRANCISCO CALL, WEDNESDAY, APRIL 8, 1896. CAN MAKE A THREE-CENT RATE Railroad Commission May Reduce Streetcar Fares A CONSTITUTIONAL ACT. Some Interesting Legislative History of Fifteen Years Ago. “TRANSPORTATION COMPANIES” Ashbury Heights and Stanyan Street Improvement Club Begins the i Nickel War. The Ashbury Heights and Stanyan | {Street Improvement Club at its meeting | !Monday evening struck the keynote of a bit of a tune that will play around tbe ears of | ithe Market-street Railw Company for -some time to come. Itis nolessthan an as- sertion that street are under the ,constitution of the ubject to the State -same privileges and restrictions as other itransportation companies. Consequently Mto-day a committee from the club (E. ) ¥Fritz, F. W. M. Lange and William L. Growall) will go before the Railroad Com- ~missioners and ask that a single passenger ifare on the streetcar linesin San Franeisco "be reduced to 3 cents. The following are the resolutions passed by the club Monday evening: ent management of the Market-street Railway Company have deter- imined, in utter disregard o the safety, con- venience and rights of the traveling public of ihis City and County, toso conduct their sys- ‘tem as to wrench from the peonle all that the {araffic will bear, and have by their manner of frestriction 0 surrounded the transfer system iof their company with inconveniences and an- ,Diovances as to render the same practically of Hittle convenience; and as said com- pany bas, abandonment of parts of its franchi d its refusal to run | cars on many of its lines at times | suitable to the convenience of the public, 1 the value of ard whereas from said sys- igreatly injured and de Teaity in this City and the amount of revenue re st and reasonal s thereof for the servi and | whereas section 22 of article nsti- | tution of this State, defining the power of Rail road Con foners, provides “said Commis- sioners sh ve the power and it shall be | their duty to establish rates of charges for the transporiation of passengers and freight by ad or other transportation companies, and h the ow time :o time with such ¥ > Legislature to limi from the powers conferred upon said Com- by the organic law of the Stat nd of said Railroad tha proceed at once to oi charges for the transporte- tion of passengers on the various street rail- Toads of the City and County of San Francisco, and that & committee of three members of this club be appointed by the chair for the purpose of presenting these resolutions to said Board of Railroad Commissioners and taking such ac- tion in the matter asthey may deem expedient and proper; and further be it Reolved, That in the opinion of this club the present rate of such charges could reasonably e reduced to 3 cents per trip without trans- | fers A little legislative history pertinent to the case will not be amiss at this juncture. In 1879 the New Constitutional Conven- tion was wrestling mightily with 1ts giant tasks. The Committee on Corporations bad the Railroad Commission on its hands and down to that part of the great battle- field came all the forces of the Southern Pacific. The members of that committe were: M. M. KHstee (chairman), V. E. Howard, Charles F. Reed, J. V. Webster, George Steele, V. A. Gregg, H. Clitus Barbour, J. W. Winans, ] West, W. F. White, Pressley Dunlap, George W. Schell, James ¥. Dean, Patrick Reddy and John M. Rhodes. For weeks every section, every para- | graph, every line of the proposed act de- fining the powers of the commission w fought over without any gain for the trans- portation companies. The laws which de- fined the powers of the old Transportation Commission which preceded the Railroad Commission excepted street railroads and the Southern Pacific’'s minority in the cemmittee sought to exclude these lines from the future attention of the commis- sion then being created. But the attempt was a failure and article | X1I, section 22, of the hew constitution of | the State of California read in defining the powers of the commission as follows: Said Railroad Commissioners shall have the power, and it shall be their duty, to establish Tates of charges for the transporistion of pas- sengers and ireight by railroad or other trans- poriation companies and publish the same irom time to time, etc. The Committee on Corporations had ruthlessiy denied the prayer of the rail- roads; and the street railroads, for which they had contended were apparently a part of the “other transportation com- panies” in the fundamental laws of the State. Affairs slept until the next Legislature met (1880), and the question awoke to re- newed activity. The Southern Pacific was more at home in Sacramento that season than it had been the year before, and not- withstanding the factthat a constitutional enactment cannot be modified, restricted and invalidated by the Legislature, that body decided that the Railroad Commis- sion was not in it with a streetcar line, and in the act of 1880, section 14, said : The term “‘transportation companies” shall be deemed to mean and include: First—All compenies owning and operating railroads other than street railroads, within this State.”” The astute attorneys of the Southern Pacific builded weil, but better than they knew, for while they evidently looked ahead over ten or fifteen years of coming prosperity for the Market-street Railway Company, they could not have known then to what mighty proportions the great corporation would arise. A. J. Clunie, attorney for the Ashbury Improvement Club, claims that no legis- lative act can limit powers granted and conferrea under the constitution, and con- sequently the act of 1380 could not circum- scribe the powers granted the Commis- sioners under the constitution creating it. “In the same constitution,” said ng, Clunie yesterday. ‘“‘the power which the Legislature may exercise is defined and limited, and is as follows: The Legislature may,in addition to any pen- altles herein prescribed, enforce this article by forieiture of charter or otherwise and may confer such further powers on the Commission. ers as shall be necessary to enable them 10 per- form the duties enjoined on them in this and the foregoing section.” P It will be observed that this provision simply authorizes the Legislature to confer funger powers on the Commissioners, and does nct authorize it in any manner to re- strict the powers conferred by the consti- tution. The railroad company, more watchful of its interests than tke people are of theirs, and knowing that the words used in the constitution necessarily included street| railroads, caused the Legislature of 1880 to pass an act entitled “An act to orzanize and define the powers of the Board of Railroad Commissioners,” and in section 14 of that act to provide the term *‘trans- portstion companies shall be deemed to mean and inciude—first, all companies owning and operating railroads (other than street raiiroads) within the State,” ete. *‘The idea of the railroad was that by this definition they could limit the mean- ing of the words ‘other transportation companies,’ as used in the State constitu- tion. The position of the attorneys for the club is that the act can have no effect and that the Legislature has no power to limit the meaning of words used in the constitution, especially where there is no uncertainty or ambiguity about them. “With the constitution clearly stating that the Legislature cannot limit the powers of its (the constitution’s) enact- ments, as the constitution is the funda- mental law of the land and cannot be changed or invalidated at a breath, I can- not see how the street railroad can get out of the term ‘other transportion compa- nies.” The whole question was fought overin the constitutional convention of 1879 and the section reads quite plainly. Of course the railroad Legislature of 1880 got in its deadly work, and hence the little joker of ‘other-than-street-railroads’ was run in. “Now_ we will bring this before the Railroad Commissioners, and under the constitutional enactment defining their duties they will take the matter up. Of course any work at the streetcar fares will SPRING VALLEY'S NEW BUILDING On' the Wigwam Premises, Corner of Geary and Stockton. A MODERN STRUCTURE Historic Associations Connected i With the Republican Wigwam, MEMORABLE POLITICAL EVENTS Where the San Francisco Legions of Garfield, Harrison and Blaine Rallied. The old Republican Wigwam at the southeast corner of Geary and Stockton streets, known during late years as the Wigwam Theater, will shortly be demol- cured this essential act of legislation by Congress, and the release of the forfeitures upon the order of the Secretary of the Treasury promptly followed. A CALL TO GROWERS. Invited to Attena the Horticultural Soclety’s Next Meeting in the State Capitol. President B. M. Lelong of tne State H.or- ticultural Society has issued the following invitation for the next meeting of the so- ciety: _The State Horticultural Society at its last ses- sion amended its by-laws providing for two meetings monthly, one on the second Friday of each month at Sucramento, and the other on the last Friday in San Francisco. The first of this series of meetings will be held in the State Capitol on Friday, April 10, commencing at 10330 4. % ‘Vestrs. B E. Walton and H. P. Stabler of Yuba City and R. D. Stephens of Sac- ramento were appointed & committee on pro- gramme and arrangements and a rare treat by Way of papers and discussions will await those Who may attend. Fruit-growers and others in- terested are invited to these meetings and re- quested to bring any fruit sampies or en- tomological specimens for determination, also mechanical orchard appliances, ete. B It is tobe hoped thatthere willbea large attendance, asmatters of great importance to the horticultural industry will come up for discussion and action taken for future meet- ings. All will receive a cordial welcome. B. M. LELONG, President, E. J. Wicksox, Secretary. 5 San Francisco, Cal., April 7, 1896. — e e TWO BURGLARS ARRESTED. Forced an Euntrance Into an Unoccupied House at South Park. William White and Frank Dolan, the former giving his occupation as that of a tinsmith and the latter stating that he isa laborer, were arrested last evening by Po- liceman J. J. Reilly and detained at the Southern police station on a charge of burglary. The two men were in the act of forcing il . g A Sy ol eI TR T T TR fitltth il The Wigwam Theater That Is to B> Removed to Make Room for the Sp ring Valley Building. bring all the pondcrous legal force of the Southern Pacific Railroad Company to battle, and the war will be on. Thus the State takes up the peO(Yle's cause, and the case has a proper standing. Of course any reduction in !Ee fares would be a death- blow to transfers, but the public would still be the gainer because not 50 per cent of the passengers ever take a transfer, | And, moreover, the restrictions the trans- portation companies are putting on the transfers is fast making them a nuisance. After a bit you will have to stick your pkotograph on them or the conductor will throw you off.” SUPERWSORS BANOUETED An Entertainment in Honor of the New Ocean View Fire Engine. Mr. Hobbs Was the Guest of Honor. Music, Dancing and Speeches. After having been fifteen years without afire engine to protect their homes the residents of Ocean View, to the number of several hundred, celebrated the recent completion of the Ocean View engine- house and the placing of a steamer in the new structure last evening by a banquet and general jollification at Murphy’s Hall. The entertainment 100k the form of an ovation to Supervisor Hobbs, who repre- sents the district, and his entrance into the hall was the signal for prolonged dp- plause. The hall was handsomely decor- ated with flowers, ferns and evergreens, and a band played during the intervals between the speeches. The literary exercises opened with the election of John T. Dare as chairman, and after a suitable speech, in which he re- Jated a number of anecdotes of Ocean View in the early days, he introduced Super- visor Taylor, who with Supervisors Hobbs and Dimond occupied seats on the plat- form. Mr. Taylor was followed by Supervisor Hobbs, who was as diffident. as a boy dur- ing his first_recitation, but pulled himself together when a magnificent bouquet of La France roses was handed to him by one of the belles of Ocean View. Supervisor Dimond, John T. Daly and A. P. Van Duzer also made appropriate addresses, while Jabez an gave a humorous recitation and J. Prendergast sang a humorous song. Then the floor was cleared of seats and the band dis- coursed dance music. Later, the guests adjourned to the ban- quet-hall in the rear of the hall and par- took of the excellent refreshments that had been provided. The dance was kept up until a late hour. —————— THE PUBLIC LI_BBABY. Judge R. C. Harrison Unanimously Elected President. The regular meeting of the Board of Free Public Library Trustees was held last night. It was expected that there would be a lively time over the appoint- ment of a secretary, but the subject was not broached, ana” Miss M. T. Tyler will be allowed to perform the duties of the office for another month at least. Judge R. C. Harrison was unanimously elected president of the board in succes- sion to George T. Shaw, whose term has expired. Miss Carson was appointed librarian of branch 2. It was decided 1o recatalogue the books of fiction in the circulating de- partment of the library, so as to make it more convenient for the patrons. Highest of all in Leavening Power.—Latest U.S. Gov't Report Re Baking Qm Powder ABSOLUTELY. PURE ) nificent modern building seven stories high. The Wigwam can hardly be classed as an old landmark, but it possesses a history closely identified with many ex- citing political campaigns. From its spa- cious auditorium marched the legions of the Garfield Invincibles in that memorable campaign in which General Hancock car- ried California by the smallest majority ever recorded in a Presidential election in | this State. The Morey forged letter did | the work and cheated the Republicans of | the State electoral vote for their candi- | dates. In the Wigwam rallied the foilowers of | Blaine and Harrison, and there the San Francisco Republicans shouted for Estee whnen ne ran against Stoneman, and ap- %Inuded Swift when he campaigned against artlett. Many orators of State and National re- nown have addressed audiences in the | historic building. Ratification meetings, | nominating conventions and informal audiences meeting to hear and cheer elec- tion returns have assembled at the Wig- wam. Often Republicans, elated with the news of victory, tormed 1n line and marched triumphantly along the principal streets. On other occasions they waited until the last hope of success had van- ished and went home gloomy and dis- pirited. The building was used as Republican headquarters from the Garfield election of 1880 until the Markham campaign. When Markham ‘was nowinated the teaders of the party erected the Wigwam, now known as the Auditorium, at the corner of Eidy and Jones streets. Since then the old Wigwam has been leased for all sorts and varieties of public entertainment, The present lessee keeps it closed now, so that patronage may not be diverted from the Orpheum, another place of amusement which he controls. The 50-vara lot, on which stands the old Wigwam, belongs to the Spring Valley ‘Water Company. It was purchased from Janies Keene, the noted stockbroker, in | 1876, and is regarded as one of the choicest pieces of real estate in San Francisco. For years the directors of the SpringVal- ley Water Works have discussed from time to time the proposition to erect on the big lot a building commensurate with the ex- pansion of the City and the wealth of the water corporation. Conservative directors at first glance opposed the plan, fearing that the building enterprise would impose additional burdens on ratepayers, but finally their objections were overcome when facts and figures wexme submitted showing beyond reasonable doubt that the income from a modern edifice six or seven stories high would justify the outlay and return a handsome profit on the invest- ment. f In due time the well-known architect, Clinton Day, was requested to prepare plans in accordance with the suggestions of the directors and submit the same to the board. The plans were accordingly drawn and have been accepted, subject to some slight modifications. The new building will afford ample office accommodations for the president, engi- neers, cashier, collectors and superintend- ents of the company. As the building will cover a fifty-vara lot there will be many apartments for rent, and in this location it will not be a hara task to secure desira- ble tenants. The offices facing north and west will command a fine view of Union square. SUCCESS OF THE SEALERS, The Release of the Winchester Ends All Litigation. The release of the schooner Winchester in the United States District Court.n this City yesterday morning, upon the motion of United States District Attorney Foote, was the last step in the proceedings had at ‘Washington for many months vast to save this schooner and the Bowhead from for- feiture foralleged violation of the sealing regulations of 1895. ‘The Bowhead had beenreleased, and the dismissals in both cases were upon specific instructions from the Secretary of the Treasury received a few days ago by Dis- trict Atiorney Foote. As the alleged acts of the sealers ap- peared to be technically in violdtion of the law, Attorney T. D. Riordan, repre- senting all the shareholders, appealed to the equity of the Treasury Department for a release of the forfeitures, The cases were favorably considered by the authori- ties at Washington, but it was necessary lm have an amendment of the law under which they claimed authority to dismiss the proceedings. Attorney Riqrdln pro- ished or moved to make room for a mag-)an entrance into an unoccupied house at | 45 South Park, when they were detected | by Officer Reilly. They were allowed io | continue their work, in order that in event | they gained an entrance their capture would b» more easily effected. They finally forced the door and entered the hallway, when the officers appeared at the doorway and placed them under arrest. When searched at the police sta- tion a revolver and burglar’s jimmy were found on White's person, and in addition to the burglary charge he was also booked for carrying a concealed weapon. In the last few months a number of vacant houses on South Park have been entered and the gas fixtures and lead pipe siolen. The police are confident that they now have the men who have been com- mitting these crimes and are positive, as the men were caught in the act,of secur- ing their conviction. METHODIST V5. HEBREW. The Rev. Mr. Goodwin’s Piquant Rejoinder to Rabbi Voorsanger. Methodists Will Receive - Converts From the Synagecgue if They Wish to Come. The following communieation in relation to the Rev. Dr. Voorsanger's attitude toward the Christian-Jewish mission has been received: To the Editor of the San Framcisco Call—SIR: In this morning’s issue of THE CALL my name is mentioned in connection with “Voorsanger's Reproof” and the Christian-Jewish mission. Rabbi Voorsanger appeared among the Metko- dist ministers yesterday morning unannounced and uninvited, so far as appears, and proved his courage, if mot his courtesy, by making a number of “‘suggestions” that proved his direct lineal descent from those who made some similar but more violent “suggestions” to the converted Jews, Paul and Silas, in Philippi several years ago. That “prominent Methodist divine” who told your reporter that “we none of us know how to act’” was in error. If Miss Anthony had not beeén promised the floor—thus pre- cluding any discussion—there would have been some prompt and lively action. Methodist preachers are not noted for turning the other cheek when slapped by a vainglorious and self-important censor. The fact is that there some Jews in this City who have discarded Judaism and embraced Christianity—though they are not Inanyimor wealthy—and these ask Christians of all de- nominations to encourage and strengthen them. Some of the converted Jews are of as g00d blood as the rabbi, and of as Food char- acter, though not of the same social or finan- cial standing. It is the blessed privilege and bounden duty of Methodist preachers to aid these, and no suggestions from the worthy rabbi will affect them. When a Jew comes to know that the Jewish religion is merely for the Jewish race, whiie Christianity is for all races, he is at lib- erty to come out of his shell into & new and larger world. 8 A Jew who had not‘“lost his character among his own people”’—a man nearly equal to Rabbi Voorsanger in scholarship, wealth and social standing, and whom it did not take £30,000 to convert—once wrote: 1 am not ashamed of the Gospel of Christ, for it is the power of God unto salyation to every one that believeth—to the Jew first, also to the Greek.” Our bellicose brother ought not to complain of Christianity, since the Jew gets the first chance at it. That the Jews are intelligent, industrious, shrewd in business, loyal and good citizens is not in dispute, but that there are 2,000,000 of Israel in tge United States may be questioned. The United States census for 1890 gives 533 congregations of Orthodox and Reformed Jews with 130,496 members, and these statistics were given by Philip Cowen of the American Hebrew and are supposed to be reliable. 1t is true that onf; the head of the family is counted in Jewish congregations. It is hardly kable, however. that each head of a family represents fifteen persons—albeit the Jews gen- erfilla"mhere closely to the injunction given to Adam as to posterity. But this bit of statistics on the part of the Tabbi cuts no figure, though the same census puts “all Methodists” at 4,589,284 communi- cants. We wish to assure our bold, brave and eloquent brother that if any of his people see the error of their ways, forsake their sins, pro- fess Christ and wantto lead good lives, we, as Methodists, will do what we can for them, without saying to the good rabbi, ‘‘By your leave”; and if any Methodists prefer Moses to Christ we hope the rabbi will tenderly care or them, and we will pray for them and for him, and help him to §tart and conduet & mis- sion for “Hegnued Christians.” W. R. GOODWIN, Pastor Califor: reet M. E. Church, —————————— Ladies’ Southern ties, $1 45, all shades, every toe. Ryan & Ryan, 10 Mongomery avenue, * AN OWL SERVICE FOR RICHMOND, A Hass-Meeting in the Western Addition for Late Trains, NOCAR AFTER MIDNIGHT Sutro Electric and Sutter-Street Cable Company *Will Be Appealed To. MR, SUTRO TO RUN HIS LINE. President Morrow Says the Sutter- Street Cable Must Stop at 1 0Clock. The residents of the Western ‘Addition and Richmond District will ask the Sutro Railway Company and the Sutter street Railroad to give them better trauster facilities. To accomplish this end a mass-meeting wiil be called to-day for Saturday night. The two improvement clubs of Richmond will join hands on this occasion, which insures a largeand enthusiastic gathering. The meeting is not called for the pur- pose of protesting against any evil, imagi- nary or otherwise, but to ask the two rail- roaas to assist the people who are now aiding them by their patronage. Rich- mond and the Western Addition people want a late car service, an “‘owi system” in other words, and they look to Sutro’s combination to give it to them. It is contended by those who live in the western half of the City that their prog- ress is seriously retarded by the diserimi- nating methods adopted by Manager Vin- ing. This is particularly apparent since the new electric line was started. Instead of making a bid for public patronage, according to those who observe such things, the Mearket-street Railroad has re- stricted its service and abandoned certain lines in the district. It is for the purpose of putting these matters squarely before the public, and at the same time asking additional favors of the people’s line, that the mass-meeting is called. *'Of course everybody fully understands and in a measure appreciates the disreput- able tactics adomeg by the Market-street Company,” said T. G. Parker, the well- known }{ichmond real estate agent, yes- terday. “I use the term ‘appreciate’ advisedly because the people at large know their methods fully. “For a long time past our people have been aware of the indignities heaped upon them by this corporation, but not until Sutro built’ his road were they in a posi- tion to enter a protest. Even then there were many who were not willing to cast off the old love without another trial. The majority accordingly fell into line and the old railroad was asked to make certain concessions. “Instead of acceding to this they seem to have done everything in their power to make bad matters worse. For example, some weeks ago they inaugurated a new and most harassing schedule. Every other car starting from the ferry—the even numbers—goes only as far as Central avenue. Passengers desiring to go to the park must get out at this point and wait for an odd-numbered car. To make fusion worse confounded this schedule is i force from 5 o'clock in the morning until 1in the afternoon. Then for the next five hours every car goes through to the park. After 6 o'clock the morning schedute is again put on. The traveling public, to use a common phrase, ‘hardly knows where it isat.’ ow this kind of a schedule is in direct violation of the conditions of the franchise. When the Sacramento line was extended, about. two years ago, the Market-street Company ‘agreed to furnish the same ser- vice along the entire line. They are vio- lating this pledge day after day, yet there seems to be no legal way of making them live up to the original agreement. “There is one way, however, to remedy this, and that is for the people interested to declare a sort of boycott. We have de- termined to do this by asking the Sutro railroad and the Sutter-street people to add to the excellent service now afforded us by inaugurating the ‘owl’ system. “Richmond and the Western Addition demand a late service and we look to Sutro to give it to us. There are hun- dreds of people who would come to Rich- mond if there was only some way of reaching here after 12 o’clock. This is essentially a district for laboring man or capitalist, but the late toiler must have a means of getting home when his day’s work is ended. The rich man has his car- riage and is, therefore, independent of Sutro, the Market-street Company or any one else. “This mass-meeting, which is called for Saturday night, will pass resolutions ask- ing the Sutro Company to run cars half hourly from 12 until 2:30 A. M. If they will do this I can almost guarantee them the entire traffic of the Richmond district. Our people are becoming exasperated and I know of hundreds who now walk blocks in order to avoid paying Mr. Huntington’s corporation 5 cents. “‘If the owl system is adopted by the Sutro combination, Mr. Vining may just as well stop all his cars at Central avenus Our people would not then, under any cir- cumstances, patronize the old cable line. **Of course, we would like to get a cheaper fare if possible—say, 3 cents—but our present fight will be for a late service. Cheap transit will comein time, but an ex- tra service must be fought for. I have reason to believe that the Sutro Company will accede to the demands of the mass- meeting, if only for one reason—that they have business capacity enough to under- stand the public cannot be indiscrimi- nately and continually ‘damned.’ "’ Editor Bond of the Richmond Banner is strongly in favor of the owl-car system. In fact he approves of anything that tends to enhance the interests of Ricnmond. “The idea is a good one—excellent, in fact,’’ he said, “and I am sure the mass- meeting will result in much good. This section of the City is growing fast and solidly, and we need just something of this kind. Everybody out here is sick of Mr. Vining and his companv, and we are patronizing Sutro because he has so far treated us well. There is noreason to be- lieve that the new company will fall into the error of doing otherwise.” Everybody i Richmond seems to be thoroughly enthused with the idea of a late-car service. THE CALL representative talked to some twenty people of the dis- trict yesterday, all of whom thought favor- ably of the project. i 'he indications now point to a big dem- onstration, which will be difficult for Mr. Sutro and the Sutter-street Railway Com- pany to overlook. i Mayor Sutro when interviewed yester- day stated that he was perfectly willing to accommodate the people of the Western Addition with a late train if the Sutter- NEW TO-DAY—DRY GOODS. FRENCH DRESS FABRICS! Spring 189068! 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TELEPEONE MAIN S777. ’ ‘1892, 11, 118, 115, 117, 119 7770 % 4 v‘--"‘“’"“‘te; %fi , 121 POST STREET. line there will be no need of our cars going over the track.” President Morrow of the Sutter-street Railroad Company is not in favor of a later service. “We must stop our machinery at 1 o’clock,” said he, ‘‘because we must have four hours in which to overhaul the cable and the large wheels or drums in the pits at the ends of the tracks. This cannot be done while the engines are in motion, as several of our men have been fatally in- jured while working around the whirling machinery. To run till 2:30, as the Rich- mond people desire us to do, is impossible under the circumstances. And moreover, I doubt that it would pay, as the travel is light after midnight. Only a few people are downtown at that hour. I know this, as our cars begin to run light at that » Witnesses Who Corroborate the P ain- tiff’'s Story—Evidence as to His Character. The Martin case claimed another day in Judge Daingerfield’s court yesterday, and its lawyers and witnesses were listened to by the biggest crowd that has yet packed itself into Judge Daingerfield’s new court- room. To enliven matiers Judge Daingerfield perpetrated a joke—the firs. he has been guilty of since he ascended the bench— but it was such a surprise to the audience that only a few of the bolder ones laughed, and so the judicial scintillation of wit was not accorded the applause it deserved. Martin himself was the first witness of the morning and after some questions by the defense he was turned over to his own counsel again for redirect examination. He said under Mr. Delmas’ questioning the resorts it was charged he had fre- quented were among his customers. He said his habits while here were as good as those of any one else, and that while he had visited the Midway Plaisance a few times still be bad seen there men of rank and station. It was in connection with this that his Honor got off his joke. *‘There were men of rank and station?” asked Delmas. “Yes, sir.”’ “Who were they?” The Judge objected, as there was no reg;ou for bringing in other people, he said. “But there were men of and rank ?” asked Delmas. “*Yes, sir.” There was a vause. His Honor waited for a question which Delmas failea to pat. Lenmr‘njg forwara, he put it himself. “‘And how rank were they?” his Honor asked, as he frowned on the witness, but the crowd tittered, the bailiff rapped for order and the answer was lost in the con- fusion which followed. It was Judge Daingertield’s first judicial joke. Captain Crowell, Martin’s ex-partner, testified to the plaintiff’s good character, and Dr. Charles G. Kuhlman asto how Martin’s present ailment was the result of cold and exposure while suffering from locomotor ataxia. Homer H. Traceman corroborated the account given of the episode on the train, and a Mr. Rowley as to Martin’s good character and business capacity. In Rowley’s examination counsel for different sides came to a clash. Barnes asked a question which Delmas thought high station street company would connect with his cars. he travel will be light at that hour,” said he, “‘but I will give it a trial. There will be a late train anyhow the evening of the Yale celebration at the beach. But of course unless the Sutter people run their unfair, and he said so, and asked the pro- tection of the court for the witness. The court ordered a more orderly cross-ex- amination. .- —- Abandoned Her Babe. Mrs. Weber, 224 Linden avenue, left Frances A JOKEFROM THE BENCH, Judge Daingerfield Displays | Humor in the Martin Case. that he had been in the wine business, and | Montgomery, a baby girl ahout two months old, at the Receiving Hospital last night. She | said the baby’s mother, Mrs. Montgomery, had been boarding at her house, but she had dis- appeared without paying her board bill, leav- the child behind her. Mrs. Weber did not want the baby, 50 she thought the best way was | to take it to the hospital. The child has the appearance of not having been tenderly cared or. e A New Reader. | To-morrow evening at 8 o’clock Greenville P. | Kleiser of New York, a reader and impersona- 1 tor, will give one of his unique entertainments at the Young Men’s Christian Association au- ditorium, Mason and Ellis streets. By special request he will give “Our American Cousin,” This will be Mr. Kleiser's first appearance in San Francisco. b o | = o= | = o——", c - rm Parlor — Silk Brocatelle, 5-Peice Sult, plush trimmed. | Bedroom—7-Peice Elegant Suit, bed, bureaq, | washstand, two chairs, rocker and table; pile lows, woven wire and top mattress. j Dining-Room—6-¥ooc Extension Table, foar ! Solid Oak Chairs. 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