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THE SAN FRANCISCO CALL, FRIDAY, APRIL 10, 1896. 11 MR, PILLSBURY HAS FINISHED Only Three More Speakers | to Follow With Some Arguments. HAYNE THIS MORNING. Conclusiveness of the Rates Not a Bar to an Inquiry Into Reasonableness. PART OF THE LAW IS VOID. Is the Province of the Courts to Stand Between the Railroads and the Commission. case was resumed a in the United esterday morning. {r. Herrin had contended in his ment that no commission would have been appointed by the constitutional con- veu s the rates to be fixed by the ould be deemed conclusive. onstitution itself shows sufliciently without the aid of the debates that the rates were intended to be conclusive.” | Mr. Pillsbury concluded his argument with the hope that the cours would grant an injunction against the Railroaa Com- missioners until the question of the rea- sonablenes should Lave been determined by the courts. | “Mr. Hayne will begin his argument on | behalf of the people this morning. TO PRISON FOR LIFE. Nicholas Claussen Found Guilty and | His Punishment Limited by the Jury. | Nicholas Claussen has escaped with his i life, but he must spend the remainder of it [ behind prison bars, The jury returned a | verdict yesterday morning, after being out from half-past 3 o’clock on Wednesday. tussen had murdered his wife—a cold- 1, and done, as he himself after- d, for fun. The evidence at the | trial showed that Claussen and his wife had had a quarrel and that right after- ward Claussen left the house and went to a pawnshop on Fourth street, where he ked for a pi Ouewas shown to him, and, after beating down the price to $2 50, he took the pistol and asked the clerk to show him how to load it. The clerk did so, ana gave him some cartridges, and, | taking the pistol, Ciaussen returned home. | He found his wife lying on the bed and, | without speaking, ke shot her three times. |~ The first ballot taken showed four jurors | in favor of ging, five for life imprison-’ ment, two for murder in the second degree and one for manslaughter. The jurymen were: Henry Schussler, Charles A. Slack, ) Noble Work Being Done at the Youths’ Directory in the Mission. TALENT FOUND IN THE GUTTER Monsignor Nugent’s Seeds Are Show- ing an Abundant Harvest All Over the World. ‘The visit to this City of Monsignor Nugent, the genial, kindly old man who has devoted a lifetime to alleviating the hard conditions surrounding the waifs of great cities all over the wide world and to a successful study of the most difficult child problem, or, in other words, the fashioning of useful men from material in the gutter, revives interest in the good work in this same line which is being carried on by the Rev. Father Crowley at the Youths’ Directory on Howard street. This charitable institution is but the first of the seeds sown long ago by Mon- signor Nugent in Liverpool. This eminent churchman will deliver on next Sunday evening, at Metropolitan Temple, a lecture entitled *‘Monsignor Nugent's Story: The Waifs and Strays, or Yictures of Street Life in England.” Ex- ceedingly few men possess as much prac- A GROUP OF URCHINS FROM | From photographs at THE NORTH BEACH DISTRICT. the Youth’s Directory.] Mr. Pi y, refreshed by a night of sweet revose, proceeded on his way of words and addressea himself sometimes to the court and more often to Mr. Hayne, who acted as the picador of the ight, jabbing into the baited in the nature ot the railroad side inquiries for in- legal bull-f animal questions rather satirical comments upon of the controversyjithan e ry died gamely in the ring . and the spectators were dis- ve, will paw up the arenaand head for the battle shock. sbury handied millions again afternoon. He argued that e Attorney-General’s method of g the question the excess of gross of the road over operating ex- including ad mprovemen ense ¥ and betterments, was $9, 509 33 in 1895, and $10,558,873 77 in 1894, a decrease of $1.311,364 54. Leaving those millions to rest and draw interest for a while the speaker turned to the consideration of the constitutionality of the California law. He cited the Minr sota statute, which bad been held invalid and void ch should e conclusive. The Cali- ides for con - missioners could establis! ive rates the same would be t “alifornia statute. tnat the 4 ners of this § oviso when establishing the 25 per cent 1ction to the effect that the question of reasonableness of this 25. per cent tion might be inquired into by v of competent jurisdiction, st proviso would be of no force or T n because it would not be within the scope of their power, their constitutional y being to fix conclusive rates and ven if the rates were fair sonable their conclusive character 10t be changed by that presump- no provision for leness of the onstitution no provision for determining the the rates tixed by the Raiiroad al n Commissioners *If the conclusive protision in the con- stitution is lid what business have we into the reason- ion?” asked Mr. minaie it.”” | [he case of Pollock against the Farmers’ Loan sbhow_ that Chief Justice Brewer had re- ferred to the debates in the constitutional | convention, aud also to the arguments ad- dressed to the legislatures of the several States, in order that he might determine precisely what was meant by direct taxa- tion. Judge McKenna remarked that the Ca fornia constitutional convention commi: iee reported the amendment without the conclusive character, that having been added by an amendment after the com- mittee bad reported. The court added morning Mr. Hayne, with | re in his eye and snorting defiance at the because it provided for rates and Trust Company was cited to | John Walls, Frank Frisbie, C, F. Behr- man, Joseph L. Twohig, Foster, | Horice B. Angell, A. T. Dunbar, H. Taber, | Herman Westerield, F. H. Kessler. There i nans among them. FTHTHOLSHID SUAPLLS EMasons Differ as to How the Money Should Be Ex- | pended. The Cemetery Mau.agers Have the i Funis and the Relief Board | Wants Possession. | The Masonic Cemetery Association has $50,000 surplus on hand, end the different lodges of the order in San Francisco have asked to have it dispensed through the regular channel for charitable purposes. | This the cemetery managers refuses to do and the order has appointed a com- mittee to confer with them and decide on | some course satisfactory to all. The board | of relief is hard pressed for ready cash and | consequently is making ahard fizht for the possession of the money in question, as the | draw upon the charitable fund is large and | pressing. | The Oriental Lodge was the first to make | | a move in the premises. Itisclaimed that | under a law passed by the State Legisla- | ture some years ago the Cemetery Assouia- | tion, since the Masenic order controls its own cemetery, is obliged to turn over any | surplus money derived from the sale and | care of burial lots, after the actual expenses | of the cemetery have been paid, for the | purposes of relief. Chairman Davis of the board of trustees of the Cemetery Association says that the surplus now on hand will be needed in making proposed extensions to the ce me- tery, and should the money be expended | in other directions it would "be impossible | to begin the work at all. Cheirman Countryman and others of the special committee appointed by the differ- jent lodges feel that the matter will be amicably adjusted without appeals to the courts. ——— ! Y. M. C. A. Debating Society. The advocates of the “single tax’’ will have | to look well to their laurels to-morrow night. The Literary and Debating Society of the Y. M. C. A. is to discuss the subject, “Is prop- in Jand any more justifiable than prop. erty in human beings?”" The meeting is open to the public and promises to be highly inter- esting and instructive. It is reported that both sides of the question will be ably repre- sented. —————— Stole a Money Order. Gustave R. E. Braunschweiger was convicted in the United States District Court yesterday | of extracting a money order from a letter and cashing it. The order was for §50 and came in a letier addressed to Edward Braunschweiger, & nephew of the prisoner, and for whem h formerly worked. Sentence was reserved un Monday, | | | | | i A CHARITY AT HOME the number entered upon the books and how the children have been disposed of : March 1, 1595, in Directory.. .. Received March 1—June 1, 1895 ed June 1—September 1, 1895 Received September 1—Deccember 1, 189} Received December 1, 1895 —March 1, 189 Total.... They were disposed 0! To St. Vincent’s A To St. Josephs | Toguardians. To places in 1 t as follows: To Girls' Directory . 18 To hospital..... 1 Left without permission 5 Total, v A glance at the first division of the list | will show that the work has widened | month by month. The accommodations | of the house will aot allow of lodging more | than seventy-tive at once. | Ten years ago the present site was pur- | chased and the present structure was built. | Since that time the institution has under- gone many vicissitudes, but by generous donations has always succeeded in sur- mounting its difficulties. Neither the State nor the County has ever granted the slightest appropriation, and the institution | is maintained solely by voluntary offer- | ings. | Father Crowley, speaking of the work | done, said yesterday: “We take children of all nationalities and creeds. The little street arabs can aiways find a hospitable home open here to receive them, where their temporary wants will be supplied and assistance in procuring permanent homes or employment rendered them. “We believe here that prevention and protection from evil ways are far more valuable than remedy after the child has grown to be a man habituated to wrong- doing. This is the cheapest method and the best. “We also believe that our duty of charity lies at home as well as abroad, and here in | this City, where 16,000 children are run- | ning abont the streets, shooting craps and smoking cigarettes, we find a wide field for usefulness. “We have some trouble with the little fellows at tirst. We bave to watch them to prevent their running away, but afier a few days they acquire a liking for the place and soon begin to consider it their home. We send them to the public | schools, and their teachers give always | good revorts of them, saying they are, as a rule, bright, intelligent boys and easily governed. Here our government is al- most perfect. We exercise mildness and | firmness, and only in the most obstinate cases do we resort to corporal punishment. | “During my connection with the institu- | tion we bave turned out 4200 boys, and out of this number only four have proved in- corrigible. Monsignor Nugent himself says he has found much talent in the | gutter, and many of my boys hold re- spoansible positions to-day. Much more can be done with abandoned boys than people think; they simply need to be bandled rightly.” ! The interior of the building shows that | the wants of the boys are very comfortably provided for indeed. There are reading- rooms, billiard-rooms and libraries. The dining-room and the dormitories are cozy and neat. The rooms are all well lighted and aired. A good-sized chapel is on the | second floor. A lecture is given three times a week, generally illustrated with stereopticon views. Behind the building there is a large, sunny playground. RATLROAD OFFICERS. The Results of the Election Not Ex- actly as Was Generally Expected, At the meeting of the newly elected di- | rectors of the Southern Pacific Company yesterday the following officers were elected for the ensuing year: President, C. P. Huntington; first vice-president, C. F. Crocker; second vice-president, T. H. Hubbard; third vice-president, J. C, Stubbs; treasurer, N. T. Smith; secre- tary and assistant controller, E. C. Wright; controller, William Mahl; assistant secre- taries, C. F. Krets and J. E. Gates. Considerable surprise was created among many of therailroad people by the election of Mr. Hubbard to be second vice-president, as it was the general idea that Mr. Stubbs would be advanced to that office. The fact that Mr. Hubbard has accepted the position of second vice-president in- stead of remaining simply a director as heretofore is believed to presage a more | active interest in the aifairs of the corpor- | ation, and the advocacy of a policy that | will tend less to antagonize the public than that hitherto pursued. The disposition of the offices held by the late G. L. Lansing—those of controller ana secretary—was also unexpected. It was believed that Mr. Klink, one of the princi- pal clerks under Mr. Lansing. would fall in for promotion. E. C. Wright, the new secretary, was formerly general auditor, BEFORE HIS RESCUE AND AFTER- | From photographs at the Youth’s Directory.] tical experience with destitute and home- less children as be, and for this reason and the vast amount of real good he has been instrumental in doing his remarks will be interesting and instructive. The Youths’ Directory, under the di- rectorship of Father Crowley, 1s conducted according to the lines first laid down by Monsignor Nugent. Since March 1, 1895, the institution has offered shelter to 461 children, many of whom were sent by parents and relatives, a large number by members of 8t. Joseph’s Union and several Children, The following table shows [and William Mahl, now controller, was ] previously second assistant to the presi- dent. The vacancy made by Mr. Mahl's promotion w’ll probably be filled by some one of Mr. Mnhps former assistants in the New York office. The president has the intment of his assistants. Work on the annual report of the 8 uth- ern Pacific Company has been deiayved by the non-receipt of certain data from New York, which left that city to-day. It is not expected to have the report ready for at least a weel ————————— Great activity continues to prevail in ;fiby the Society for the Prevention of Cruelty | Portsmouth dockyard, where upward of to 1000 men are working overtime, i T T R T e T e T T T T T T NEW PUBLICATIONS. NEW PUBLICATIONS. LA TR A AL AR LA 41173 plied, HUNDREDS The Syndicate’s tory terms, but HUNDREDS volumes were made to sell. LAST DAY BUT ONE) In which to take advantage of the Pacific Coast Newspaper Syndicate’s notable distribution which enables you to secure on payment of $1.00 only, immediate possession and use fora lifetime of a full set (4 sumptuous volumes of over 5000 pages with illustrations) of that invaluable Reference Library, The Encyclopzedic Dictionary. 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Pagree to pay the balance in 12 QOCUPATION: =%, ool s s S equal monthly payments. RESIDENCE.. SHIP BY. State here whether by express or freight. fimwmuuummmmmmmmmmmmuuummmmmmmmmun I OFEN EVENINGS. DAUCIURARAR UL ABRIEA T A0 DNT ISR AE AR RN LA ADURURTORAUR AR LR JUNEIRTAUGAO AR IUC DDA TURAR AR TTO MBI IO A MURRAY THE TRAIN AGENT He Was an Expert in Signa- tures and Hand- writing. SOME INTERESTING EVIDENCE. Chirography Which Passed a Bank Tel'er Was Refused on the Train. The plaintiff’s side of the Martin case is all in, and it rests now with the railroad to explain why it was that a good ticket was confiscated because a train agent thought it was “‘scalped.” This same train agent was named Mur- ray. He was on the stand during the day to tell how it was he detected a_difference between the signature George Martin put on his ticket and the one he wrote after- ward for the train agent. The first was signed at a ticket window, the second was written on a moving train, and when Murray, the train agent, compared the two he thought he found a difference and took up the ticket. Sipels Under Delmas’ cross-examination Mur- ray said he was on the run from Sacra- mento east. He saw Martin on the train and took a look at his ticket. He de- manded a signature, a sort of sample, {md when it was written at the rate of thirty miles an hour he fcund a difference. He demanded another signature soon after and then demanded further identification. H e was shown Martin’s business card and { he name on his valise, but he wanted to see araits and checks, and when these were not forthcoming he took the ticket up. He was shown a signature on a draft—one which had been honored by a bank—and be said it was Martin’s. It was similar to the one that had been made for the train agent and this was acknowledged, but what the bank had accepted for several hundreds of dollars the train agent had refused for the last fraction of a return ticket becanse he thought the defendant’s signatures did not look just alike. Mr. Delmas then inquired into Murray’s qualifications as a writing expert—as a comparer of valuable signatures. He found that Murray had been train agert for a year. A train agent is a man who can see a scalped ticket through a two- foot brick wall and who can reach for it even afier it has left the Southern Pacific lines. He was promoted to this position of train agent for five years’ successful service as a cenductor. ~The conductor’s hat was worn after years’ of service twist- ing a brake wheel. He fitted himself for a brakeman’s position by serving at the plow for eleven years. He was a farmer agent—to make him a better judge of natures than a bank cashier. uring his vear as a train agent Mr. Murray said he had taken up 170 tickets. He had made three errors; Martin’s ticket was one, and then two others. General Barnes then asked bow many of the re- maining 167 were stolen and how many were scalped, but Mr. Delmas didn’t see the relevancy of such testimony, and he said so. Then there was a long argument on the point, which ended in a ruling of the court that the questions were inad- missible. During the argument General Barnes reiterated the claim of the railroad that the test signnturc had been purposely miswritten, and Mr. Delmas took occasion to remark that if such astate of things could be proven he would at once drop the case. John J. Wiegeliner of the California Wine Association testitied that he had sold a carload of wine to Mr. Martin _on credit, and that he bad looked up Mr. Martin before doing so. He found his character good, and his draft for the wine | was honored when presented. " H.C. Hubbard, the train agent for the | run between QOakland and Sacramento, | testified that he asked Martin to write his | name, but the signature thus secured was | not satisfactory. It was not produced in c¢ourt, however. He then had asked Mar- tin for a second signature, and this proved more satisfactory. This was submitted as evidence. Mr. Delmas wanted to see the unsatisfactory one, as he was fully con- vinced it was like the one on the draft, but the railroad people had lost the signature. The case went over until next Monday, after the arguments by counsel had been concluded. SLAERY 1N CHINATONK A Young Girl Brought From Portland and Offered for Sale. She Was Rescued and Is Now an In- mate of the Presbyterian Mission Home. The fact that slavery is practiced among the Chinese 1n this City has been fre- quently commented upon and a further illustration bas just come ta light. On March 28 Yen King, a comely Chi- nese woman, 22 years of age, arrived here from Portland, Or., accompanied by Sic Ging and Sic Puck, two hi-hbinders. They offered her for sale in Chinatown and the female keeper of a house of ill-fame had agreed to purchase her for $500. The price was so cheap that she became suspicious, and thinking there was something crooked about the transaction she refused to carry out the agreement. Yen King's cousins on Wednesday ob- tained a warrant for her arrest on the charge of vagrancy, so as to get her out of the bands of the two highbinders, and t. at night she was taken to the California- street police station. She was released on bail and was taken to the Presbyterian Chinese Mission Home on Sacramento street. Yesurg‘? morn- | She Her cousins and ex-Judge Lawler, their attorney, were also present in court. After hearing the facts in the case the Judge d d the charge of vagraney, and Yen King was_taken back to the Presbyterian Mission Home, where she now is. A warrant was immediately sworn out before Judge Low for the arrest of Sic Ging and Sick Puck, the two highbinders, on the charge of kidnaping Yen King, under section 784 of the Penal Code. About a week ago ex-Judge Lawler was the means of rescuing the wife of a Chi- nese merchant from a life of slavery. had been kidnaped and traced to Courtland, where she was found in a horrible condition. Her abductors, upon finding that she was discovered, slashed ber face so as to disfigure ber for life if possible. She is now living again with her husband in Chinatown. e e The Fire Department. The Fire Commissioners yesterday accepted the resignations of Charles F. McDermott of engine 32, James Spellman and George Taylor | of engine 23. J. J. Murphy or truck 5 was put on the pension list at half ¥a y. of engine 21 was dismisseq. Iom. the depart- ment for drunkenness. Wallace Jameson and Steve Spellman of engine 6 were tried for drunkenness and insubordination. The charge of arunkenness was not sustained, but they were each fined fifteen days’ pay for insubor- dination. J. J. Harrigan ———————— Reports From Banks. All the City benks but three have handed in the reports required by the Board of State Bank Commissioners, and the others will be ready in aday or two. Thus far the reports indicate that the banks are all in good condition. ”l‘_‘!@‘m smart Broadway, New York, druggist has A this sign hanging outside his store; it marks the new era of drug selling, Is it any wonder that he has to enlarge his quar- ters, that his clerks are busy, and that his store is one of the most popular along the leading ‘thor- oughfare?* You can afford to trade with a druggist that has then, he said, and through all these po- sitions he hwé been lm:i‘lng hgndwntfi;g to qualify himself for the position of train ing, accompanied by Miss bertson, Yen King appeared before Judge Low. such a motto as that.