The San Francisco Call. Newspaper, April 22, 1896, Page 5

THE SAN FRANCISCO CALL, WEDNESDAY, APRIL 22, 1S96. HAS LEFT HIS DEBTS BEHIND. A Warrant Is Issued for the Arrest of A. Casassa. DEFAULTING COLLECTOR He Has Been Robbing the Ital- ian Mutual Benevolent Society. WAS TREATED WITH LENIENCY Detectives Are Now Searching for Him at Santa Rosa—Made Many Promises. A. Casassa, collector of the Italian Mu- tual Benevolent ety, has fled, leaving a dafalcation of $3%03 43 behind him. A warrant is out for Casassa’s arrestand, aided by detectives, the authorities are searching for him, vparticularly in the neighborhood of Santa Rosa, where he is | posed to be hiding. As stated ten d. ago in THE CALy, the affairs of the Italian Mutual Benevolent Society (Societa Italiana di Mutua Bene- ficenza) have been in a tangle for some time past. It was early this year that Fiorenzo Cavagnaro, the treasurer of the society, discovered that Casassa had collected over $3000 more than he had deposited :n treasury or had credited the society 1 in its books. The treasurer demanded 1diting committee when he made his discovery and G. L. Peri and L. di zia were appointed by the council to rve with F. Cavagnaro on the commit- te I'he result of the investigation proved that the treasurer had underestimated the t Casassa’s defalcation, for he to be indebted to the society fc 53 49 collected last year, and for at t $3249 collected this year. These ires were obtaived from the little books of the subscribers, as the amounts paid were not entered in the books of the so- therefore the figures may possibly wer than the actual amount of the aleation, but it is certain that Casassa has collected at least $3803, for which he has not accounted. On the 9th of iast March when the coun- cil of the Italian Mutual Benevolent So- ciety met Casassa was present to hear the report of the auditing committee. He did not attempt to conceal his indebtedness, but besged for time in which to pay back the sums he had collected. Two weeks were given him, but at the expiration of that time he had paid nothing and the council gave him a longer period in which to refund the money. Some members of the colony are speak- ingin v evere terms of what they call the culpable indulgence of the officers of the Italian Mutual Benevolent Society toward the collector. The officers plead in extenuation, however, that they were in hopes that if Casassa were given time he wouid compromise, and that if he were arrested all hopes of obtaining any money from him would be gone. A About ten dayd ago the defaulting collector disappeared, but no steps were taken to locate him. On the 14th inst. a letter was received from him, written at Santa Rosa. He stated that he was examining his own books and was intending from day to day to return to this City. Since then nothing has been heard from him, butitis expected that he will soon be found, as F. | Cavagnaro has sworn out a warrant for his | arrest and detectives have been sent to | Santa Rosa to try to discover his where- abouts. The society will be the loser to the ex- tent of about §$3000 by Casassa’s defalca- tion, as his bondsmen, Cav. Calegaris and G. Cuneo, are only liable to the amount of $500 each. g The Societa Italiana di Mutua Benefi- cenza is the leading Italian society in the City, and includes some of the richest men in the colony in its ranks. BAYLY PERJURY CASE. The Charge Against the Sutter-Street Druggist Dismissed by Judge Low. The preliminary examination of Charles A. Bayly, druggist, Sutter street and Grant avenue, on the charge of perjury, was con- cluded before Judge Low late yesterday afternoon. | Bayly was tried before a jury in Judge | Campbell's court for selling morphine to Mrs. Mary McConnell without a physi- cian’s prescription. Mrs. McConnell and her friend, Mrs, Parker, testified to pur- chasing 10 cents’ worth of morphine with- out producing or being asked for a pre- scription. Bayly produced a prescription, signea “Morrison, M.D.,” which he swore was handed to him by Mrs, McConnell. His son corroborated him. | _The jury convicted Bayly, and Mrs. Mc- Connell swore out a warrant for his arrest for perjury in swearing that she gave him a prescription. Mrs. McConnell and Mrs. Parker again testifiea yesterday that Bayly sold the morphine without a prescription and Bayly and his son testified to the con- trary, and the Judge dismissed the case. Mrs. McConnell said that she would bring the matter before the Grand Jury. REVOLVER AND LONG ODDS. S. H. Hack Robbed by Two Men in His Crap Game. George Herrin and John Bowers were arrested on Geary street last night by De- | tectives Cody and Whittaker and detained | at the City Prison on the charge of rob- bery. Saturday night about 11:30 o’clock S. H. Hack started a crap game at 17 Grant avenue. He had been there about ten or fifteen minutes when a tall and a short man entered. They played for five min- utes, when the tall man, who was Herrin, said, “We can’t do any winning except by big odds, so we'll play our odds this way,” and he pulled out a revolver and presented it at Hack. Bowers took possession of the $70 and searched Hack’s pockets, greenbacks, making $150 altogether. Then the two men ran out of the place. Herrin used to keep a cigar-store on | Grant avenue and was a well-known dog- fancier. Bowers is a horseshoer by trade. Hack thinks there must have been a third man in the scheme, owing to the fact that | they knew he had the greenbacks in his ! pocket. Ll Robert Wallace, M. P., will preside at the first annual gathering of the Fife As- sociation in London, which bas been re- | cently founded, and of which the member | for East Edinburgh is the first president. “THE CALL” alifornia Jockey Club’'s Spring lleeting. showery. Track fa RACING CHART. Fifth day, Tuesday, April 21, 1896. Weather 105] , FIRST RACE—Four furlonss; selling; maiden two-year-olds; allowances; purse $300. st | Fin | Jockeys. | Beting, 21 lZa s 33 50 40 |12 fis 12 4 110 15 8 0 & 5 0 10 8 0 60 9 0 100 7 3 52 10 0 80 11 |1110 |Butler 0 30 12 12 |Rowan. 40 Won driving. finding $80 in | MR, BAGDT WON AGAIN, Astride the Pony Brandy, the Steeplechase Proved a Gift, FOUR FAVORITES IN THE LEAD. Santa Paula, a 100 to 1 Shot, Beaten Out a Head—Tar and Tartar First at 10 to 1. When the warm April showers began falling the followers of ‘“dope” imme- diately turned to the form book, hastily scanning its pages for horses that excelled in heavy going. A few were successful and the bookmakers took good care of the balance. The racing was streaky, yet withal, four favorites managed to win, and the crowd, which was not as numer- ous as on several former occasions, did pretty well on the day. The steeplechase handicap for polo ponies was furnished as an extra attrac- tion, but the rain dampened the ardor of society’s racing enthusiasts, and the gentle- men riders had_to be content to exhibit their prowess in the saddle before ihe “regulurs.” Six ‘‘chop-tails” started and the race was devoid of all interest, from the fact that Brandy so overwhelmingly excelled his competitors as to make it no contest whatever. He started & 4 to 5 favorite, and, piloted by Mr. Bagot, won in typical ‘‘city-block” fashion, with Li Hung Chang ~ finishing in the place. Thomas H. Williams Jr. started the field, and by the way he sent them away showed that he was not far behind “Prince” Caldwell and Colonel ‘‘Jeems” §erguaon in the art of dropping the red ag. A good thing was tried in the opening half-mile dash for maiden two-year-olds, but fell a trifle short. Santa Paula, a green two-year-old, who showed nothing in his previous attempts, was sent_out for the coin at odds of 100 to 1, and in a hot drive was beaten out but a head by the 6 to 5 favorite, Lost Girl. Opening at odds of 4 to 5 and going back in the betting to, 6 to 5, Marjorie took the second event at five and a half furlongs in an ordinary gallop, heading Catch Em out at the wire by five open lengths. O’Fleeta was an indifferent third. The crowd went down hard on the mile and a sixteenth run, decided under selling conditions. A strong tip went the rounds on Hazard, cutting his odds from 4 to 13 to 5. Nephew finally went to the post a 214 tol favorite. The outsider Hermanita and Tar and Tartar were prominent almost from the start, and although Hazard once worked himself into second place, fell back in the stretch for home. In a hard drive Bozeman got Tar and Tartar past the wire first, half a length before Her- manita. Nephew came fast, as usual, through the stretch, finishing a close third. Fourteen started in the mile and a fur- long run over four hurdles. Many tum- bles were predicted, but My Sweetheart was the only one that made a mistake, falling at the first leap. Swift on Com- rade, a 25 to 1 shot, managed to head Artemus, another outsicer, in the stretch, and at the end won easily by three lengths. Ike L was a good third. John Brinock’s pair, Nellie G and Templemore, went 10 the post equal favorites in the betting with Nick Hall’s Arundel. Carroll's gray colt Paros struck very easy company in the seven-furlong run. The 11 to 5 choice, Treachery, was poorly ridden by Macklin, ana Paros, taking the lead into the stretch, won pulhing up. Instigator was a good third to the favorite. | Summertime, the 9 to 5 favorite, eap- tured the last rur: easily, with Levena C, & 10 to 1 shot, finishing in the place. Track and Paddock Items, Barney Schreiber mingled with the tal- ent yesterday, trying his hand at guessing the winners. Barney confided to a friend 1 not many evenings ago that he was $57,000 ahead of the present California racing season, booking. Santa Paula was backed down to 40 to 1 around post time. Ed Gaines, who is trying to beat the horses on the ground and not on the block, thought one bookie in particular was a trifle too hungry for his coin during the betting on the hurdle race, and, stroll- ing up to the judees’ stand, asked the offi- cials if they would keep the telescope vointed on W. Clancy and Nellie G. They did, and when he finished fourth, beaten out a head for the show, told the jockey he was susper.ded. Clancy shea tears, the stewards probed more thoroughly into the affair, an£ concluding that the jockey had done his best, exonerated him from all blame. At a meeting of the board of directors of the Country Club held on Monday it was decided to start Trix in the distance race yesteraay. He opened in the bettingat 3 and went to 5. The gelding did not run a flattering race, and Jockey Cochran’s ex- cuse was that the mud balled up in his hoofs, which made him unsteady on his legs. Beyond a doubt Cochran was con- stituted by nature to occupy a much more exalted position than that'of an ordinary racetrack_jockey. If he would rent an office and frame excuses for members of lodges that through some misfortune miss the last car and are obliged to tell their wives some old, shopworn yarn, he would command a princely income and could re- tire on his means in a very short time. If Trix shows marked improvement in his fature races, the club may be asked to con- fine their operations to country fairs in future. —_— CLEAR FIELD PRESENTED Delmas & Shortridge File Their Answer to Paterson’s Oppo- sition. The Fair Will Preliminary Tangle Being Rapidly Straightened Out for the Final Contest. Delmas & Shortridge yesterday filed their answer to the opposition of Van R. Paterson to the probate of the will of James G. Fair, dated the 21st of Septem- ber. The answer is designed to clear the way for Mr, Paterson to make the contest which be claims to so much desire. It ad- mits every statement in Mr. Paterson’s opposition that is essential to a contest. It admits that Mr. Paterson was appointed to represent the minor children having a" possible interest in the estate, and that he was afterward appointed to guard their interests in the matter of the probate of the will of the 24th; it admits that James G. TFair left a will dated the 21st of September, 1894, but it denies that that will is the last will and testament of the deceased; the allegation that the deceased left no wili later than the 21st is expressly denied. Itis also denied that Fair republished the will of the 21st by a writing dated November 26, 1894, Mr. Paterson’s standing being acknowl- edged in every way, and ouly the questions at issue being denied, there is presented a clear contest as to the validity of the will or_wills. There are not many moves possible now short of the open battle in court, and that may be counted now as reasonably near at hand. —————— There is apparently to be a revival of the old-fashioned method of carrying a lady upon a pillion. On horseback the lady was compelled to ride behind her escort. On the bicycle she is to ride in front. A recent English invention provides for a seat before the handle-bar, just above the steering wheel. ————— Speaker Reed is a night worker, and often sits up until 2 o’clock in the morn- ing preparing his speeches and magazine articles. He writes everything with his own hand except his letters, and submits all his important work to Mrs. Reed. “THE CALL” ¢istance are given. RACING GUIDE. To-day's Entries at Bay District Track. Jp races where the horses have no record at the Qistance to be run the records at the next nearest Abbreviations—F., fast; Fa., fair; H., heavy; m., mile; £., furlong; %, about. S g-gate used. V! y ¢ . L 1., N 5 e Gue-date used Winner, Martin & McConnell's ch. £, by Sobrante-Nellie K. FIRST RACE—Five and s half furlongs; selling; non-winners in 1896. 59 SECOND RACE—Five and a half furlongs; selling: three-year-olds and upward; penalties: Best 1052, pooorne o & 2 2 e | Index. Name. Lbs record. | Dist. Pedigree. ot g o | Index. TR ; 5 % | | Betting. | ~ 159 | Yangedene .| Imp. Greenback-Victoria 1] Doma aga iwelgnt ik} g s fo0g % | B | Fin [ Jockeys |cDetting | 189 |Yangeder *|Red Tron-Fannie Johnson | | | —-- 1038 | Yreka -|Flood-imp. Bridget 11 | 135 | 11 [ 15 (C. Slaughter....| 1 11-10| 787 |Allaha Hyder All-Floride an | 5K | 52 | 23 [ Narwmes 1210 v Viel-Lucy Long 339 | 9h | 63 | 8h |M. Bergen 3 830 Wildidle-Agnes B 6h” | 3h 42 44 Butler. [ 30 .| Wildidle-Nighthawk 515 | 4h | 33 | 5n [Ames 20 W yma ; Alma Dale stabié..|Himyar-Maggie B 107 [107 |10 614 [Martin, 10 15| 91 |Jack Richelieu. C. Hildret *|Imp. Great Tom-Envenom 21 21 (‘235 | 721 |w.hy 4 8| 1080 [Goudola. . P. Fine *|Erank Rhodes-Della 83 | 6n | 71" | 84 |Bozema 10 15| 1038 |Wila Ros F.'W. Graham......| Wildidle-Rosetland 98 | 73 | 9 95 |0 Brien. 100 60 1020 Landiord.. 3. Robbins Longfellow-imp. Manzanita | 7% | 83| 8 |10 ICochran 15 15| 1033 |Miss Gar |8 F. Capps Fellowcharm-8, Hampton = S 1020 | Roeder.. |J. Mahaney Imp. Darebin-Mura Starting-gate used. Won easlly, Winne r, F. Phillips’ b. £, by Iroguois- Tarantula. Time, 1:081, HAYNE ON RAILROAD LAW Continuation of His Exhaustive Argument Before Judge McKenna. SCOPE OF THE FRANCHISE. The Corporation Must Enjoy Its Priv- ileges According to Contract and the Constituion. “The mere physical exertion tells upon me more than I can express,”” remarked Attorney Hayne to a friend vesterday, “but when I'm fighting for a principle I'll fight in spite of everything, and ir I die in the fight I'lldie game.” The spirited pleader was still arguing in the great railroad case, and all day kept the United States Circuit Court room reso- nant with the music.of his eloquence. The main point upon which he insisted during the morning session was as to the reserved power of the State over the corporations created by it. He read a large number of cases in which this reserved power was recognized, contending that the only limi- tation of this power was that it could not go beyond what the Btate had the right to give, namely, franchises and corporate rights. The Btate could and did grant these two privileges, and could take them away. “This,” he continued, “'is what the State means by its constitutional prevision—a prevision which it does not extend to the property acquired through the exercise of a franchise, nor apply to the fruits ofa corporation’s past industry, but by which the State can limit, or for that matter altogether destroy, the future corporate rights or acts of any society created by it by merely repealing its charter. This absolute power, since it includes the lesser power of modification, may adoot the milder course of amending rather than the neroic measure of destroying, butboth are in its hands. This is plainly stated by Judge Field in the San Mateo Railway tax case in the thirteenth Federal Reporter, as well as in the sinking fund cases and in the Greenhood cases, found in volume 105 of the Federal Supreme Court reports.” Mr. Hayne proceeded to read from sec- tion 465 of the Ciyil Code of California to show that the code, which he contended was the charter of the corporations organ- ized under it, granted to the company the right to take tolls *‘within the limits pre- scribed by law, and subject to alteration, change or amendment bi the Legislature at any time.” That, he strongly con- tended, made the company a tenant at will of the State. Hence, to oblige the company to keep its contract could not be consldered tantamount to a deprivation of its property by the State. If the cor- poration did not like it it could disincor- porate, and the persons.who had been members of the corporation would still have every bit of property which they had had before. Nothing would be taken from them. But, if the corporation wished to enjoy its corporate privileges it must enjoy them according to contract, in the manner agreed to. All the Southern Pacific corporations were formed unider the Civil Code of Cali- fornia, and the law for all is practically the same. The Market-street bond case made the code * the measure of the powers of all corporations formed under the gen- eral laws. In addition Mr. Hayne cited section 6 of the constitution of the United States which provided that the constitution and the amendments thereto shall be a part of the law of theland. “Hence,” he continued, “if an act be found to be unconstitutional it is ipso facto illegal. In the case of Neal against the State of Delaware we find an interesting instance of the constitutional setting aside of a State law. The constitution of Delaware provided and still provides that jurors shall be ‘white male citizens.’ Neal, who was a colored man, made a test case of his having been debarred from acting on a jury. The Bupreme Court of the United States declared thatthe Fed- eral constitution must operate to deprive of alltorce and effect any and all State laws inconsistent with it. When State laws are at variance with the constitution, the constitution simply wipes them out. ‘‘Now, if the Federal constitution can enter into the body of State legislative enactments in order to remedy any de- fects which may be found therein, all we have to do in order to prove an act illegal is to make manifest that it is contrary to ihe provisions of the constitution, irre- spective of any State laws whatsoever. Not ‘that'in case of a conflict between a State law and the constitution the State law is to be set aside, but the sections of it which are opposed to the constitution must be simply disregarded, the remain- der of the statute preserving all its former force and effect.” To sustain his contention on this point 10 53. JHIRD RACE—One and a sixtenth miles; selling; three-year-olds and upward; conditions; SECOND RACE—One mile; selling Mr. Hayne read a long list of citations, DO. allowances; purse 8350. = giving brief G T Sopontade, B e = Thaes: e, Lbs| record.| Dist. |Lbs Owaet " cisions, most of which had been rendered Horse, age, welght. |St.| % | 3% | % | sw | Fin Jockeys | Betting, | Index-| IO ot o ek b Todigres. by judges of National reputation for acute- | ‘ o] | R 108 Fare | 5. Stephonson. | rince Noriolk-avondale | ness and ability. Tar and Tartar,2.104, 8| 3h 3h 31 23 26 |Sir Elmwood stk fa Nathan Coom! ssie “w Y’ ” “, Hermanita, 4..101| 4| 53 | in | 53| 33 | 328 10| 1015 |1da Save G. L. Bell. 00 Hooker-Addie O’ Neil Wethflgevz"s"d- h%?"“" e ‘that the X 7 1 J 8h | 73 | 85| B H 5| 942 |Judge Tam | S F. Capps. Nick of the Woods-Retta B | POWer to fix transportation rates is in its 7| 81 6135 | 4n 31, | 42 40 | 1035 |Clara Johnson..| gfi .&hnsn 4 ;‘?‘fi“}’»”"{"’""" nature le{gulauon.h The other suiet don’t 3] 1hn 2h 1n 4 3 abona stables.... | Fullerton-Castaway see its na is, ; | & h 84 83 1‘4 % g g 3 43 .;_ lkwcuum . %fl'}'. F')_rélk-h:tmc:lny‘n L thel;s::mgézl;reeg:rdai't' itn :o:::e n:iasg‘r): ilsl B e e e o V. s . |Surinam-Mitiotoe jndicial. Well,” granting that it be 5| 815 | 475 | 72 7 91 25 S, D. Merriweather | Hidalgo-Veracity )ndwmi, it tt’l:na Railway e(;)mmifiswn be a 9|11 11 11 11 10 4 = = dicial tribunal, clothed with judicial 1014 i 10| 91, | 910 | 914 |10 1 15 THIRD RACE—Five furlongs; two-year olds. i‘\lnhority, then what right has an]y court JogStariing-gate driving. Winner, A. G. Morristbr. g, by Hindoo-Brambeletta. Time, | Index o SO R ol :;:hel‘:mie:v;g:! t:otfi:n rat:s,thnpta{hl:u‘{:{g = = | | e fixed by the commission are not unreason- [ xtreme short course; steeplechase handicap; pol + zentl 4 | Lena 98/ H. Apache-Rill . [F11S Spiel P Ppolo ponies: gentlemen B enac 1088 Trp Bir Modred-Fedalma | 2ble? Nor should any court intervene . e Parthamax. 101|F. .| BurnsaWaterhouse| Imp. Max im-Parthenia when it is_plainly shown that the matter Index.| Horse, weight. | st.|1st Jp.| 24 Jp. |4th 3p.| Str. | Fin. Jockey. Betting. 105 ¥a. Dr. Rowell. Take Notice-Early Rose of the fixing of rates is actually or has | I { Op. & Pueblo stabie. Flambeau-Tmp. Janet N been under consideration by the bod 079) |Branty oolTE I e Nevada stable.. .. | Joe Hooker-Oxilla 3 B Y Pyl e i T 13 | 16 18 115 | 120 Mr. Bagot, which the matter was confided by positive Gallopiag Dick Ao RS e 30 i u Seven furlongs; sweepstakes; owners to ride. legislative enactment. Alnddin il 84 14 Ya ilo| 2% | 30 tr;&;f"" s ““In this case it appears that the matter . 2 h 215 | 6 8 510 |Maa: Lbs|Record| Dist. |Lbs|Tk. Riders. Pedigree. of fixing rates for the Southern Pacific - 4 2 32 58 5 | 6 IMr Benson..... | SlrEes e Gompun‘{ was !ull}vl and thoroughly ad- S V. Wi = 5 - . Hildret! |ifm.Woodlands-Lady’s Maid | judicated before the commission. Thi giood start. Won easily. Winner, W. & Hobart's b. g. *Coupled with Galloping DIck. Losan. Xiex Shicids |Voity i ] : =¥ . 2 . iguer-Pert i i 1 2:16. 685 |Ferrier WS | Falsetto-lmp. Cinderella fact is proved by the affidavits of partici £ 7 FIFTH RACE—One and an eighth mi; Ty : SE— : 1055, kiEs Ok e ghth miles, over four hurdles; four-year-olds and upward; FIFTH RACE—Aboy teeplechase; ha SELE I el ol 0l e e T ————— = e U . Index.| Horse, age, welght. | St.| Sud. | 14 | 15 ‘ % | Jockeys. o,’?“""fi Index. Name. Lbs record.| Dist. |Lbs|Tk. Owner. Pedigree. = b | —|— Clarke. 51(%1 3 Juli 18 0 a2 2 ol Jmp: Chevioi-Arethusa O i A Trou or- Bos 38 W. Clancy. 85 2 [ (1043) *10g m Alta Mother Hobbard * g Stew ar, Sg 111“2J (1005) *iigm McCreary-Rosa |72 = * SIXTH RACE—Six furlongs; purse. | 2 b2 1010 e Y 50 150 | 1ndex. Name. Dist. |Lbs|Tk. Owner. Pedigree. e 20 30 e | —_— = 100 300 | 1050 |Joe H 5t Kingston-Lady Golden - 60 50 (1825) Doubtful e 1 g: il?onbl—‘.‘;:mmmenu ate vsed. Won ariving. Winner, J. J. Roger's ch. by Tyrant-Blithesome. Time, (104b) Governor Budd. ‘resno-Rosa G = L arivin 5 . 3 , | 1062 |Catch ’Em......[1 134 Mokelumne stck fm (Im. Midlothian- pied with Nellie G. **Fell at first jump. R RS 81 [FeriimEeas Torno Licie an-Little Flush B = TR, 2 Ali Over. 8. C. Hildreth. anover.D 10&)6. SIXTH RACE—Seven furlongs; three-year-olds: conditions; penalties; purse $400. {331 Montgom - [Burnu\g::;rhnnu ,!hnu‘;::-sf::glfng ls = NTH RACE and a half furiongs: seiling: non. in 1898, index. | Horse, weight. 1 s.| 14 | 1% % ‘ str. I Fin | Jockeys | BoMIng BEVEDT = 8 Redlingu mon winkareInINOs. B 5 Sk s Five Y G055) Paros . PP ’ 3% | 374 | 31 - Index. Name. |Lbs|record.| Dist. Pedigree. \[(} ears =63 |7 10919652 S e 2 115 | 1088 |Rapido. 98/no_rec. Cyclone-Nyanza T R o 3 3| 1044 (MO AL Tmp. Brutus-Young Jule n oo X e G H “/;n e 4 13-2| 1038 |Little Toug Glen Elm-Unknown Wit mé‘ f | {;/, 1; 31 ;g 53 10:8 :glondger. fio"ln—ol{elpond " o A 789 legap. arry O'Fallans! Cardwell . 12 4| 545 | 40 | 7 8 30 Bravera. r }Nlh:mne-wn;"n!:f oY, Before - : - . Ramsdell. ; Midiothian-by Great Tom 1is0s, mEEMe used. Won easily. Winaer, J. Carcoll's gr. c., by Imp. Keane-Gray Sail. Time, Musto & Ruyz......|Prince Norfolk-Gilroy Belle T SEV 10 #NTH RACE—Five and & half farlongs; selling; three-yecar-olds and up; J. D. Flizgeral ‘alifornia stable. Hermese-Unknown Imp. Kyrle Daly-Visalia O (. purse $350. Porliie; Index. | Horse, age, weight. | 81| 14 £z % | s | P Jockeys. n;l:'m"él A i,a“!m T(635) Summertime, 2 Y R R R R 2 Murph, ~-[Cyel 1082 Levena C. 8. 1 31 | a1 | 33 | an 5 B Browhe | Peoman e Al P 7 In |78 |53 | 3% 8 oy P. Archibaid. Johu A-Early Hose 3| 8 51 | 41 | 4 907 iR Antrim stable.. ... |Joe Daniels-Miss Hooker 1 1% | 21 | 2% | 810 6 172 A P. Miller John A-Lowena R 3| 5 1 81 |7 88 | 15 50 Mokeiumne s Imp. Sir Modred-Typhoon &) 8 53 | 82 | 68 | 72 |Frawley e lo Almona stabl AltaDizzy Blonde 103| 6 on” | 8 8 8" |H Martin.lll10 30 il | L Stepnens. Lmp. Silk Gown-Ordnance - AL H. i nte-Ruth Starting-gate used. Won easily. Winner, El Primero stables’ b. £, by Fitzjames-Springlike, Fa,|BurnseWaterhouse| Imp. 1l Used-Little Time, 1:09, e E.{|Novada stable...... |30 HookerOxllin® 0P Botting. E. MARTIN ® CO., 411 Market 8t. San Francisco. pants in the proceedings before the com- mission, which affidayits form a part of the record in this case. Now I would like to know the ideas of my learned friends of the other side in regard to this point.” “If it please the court,” answered Mr. Garber, “'I consider that the Railway Com- mission is not judicial in the sense of being a court, though its acts must be in a certain sense judicial.” “What reason is there in these distinc- tions?” asked Mr. Havne with some warmth. “Such limitations merely ob- scure the question at issue. !f the com- mission be a legislative tribunal in a cer- tain sense, and a judicial tribunal in a certain other sense, and still another sort of a tribunal in yet another sense, where in goodness’ name are we at? Do not these certain and uncertain senses, ac- cording to which the Railway Commission may or may not be judicial or otherwise, confuse the whole matter and set us all at sea? Iam stillin the dark as to what my learned brethren of the other side are driving at. It seems to me that the com- mission should be recognized as a legisla- tive body, and its enactments, in the rovince assigned to it, be held to have the orce of law. *T have always contended,”’ proceeded Mr. Hayne, “that in this case the granaries only are involved. The Railway Commission is a branch of the State gov- ernment. Thus far all it has done been to fix grain rates. No final action can be taken except by service and publi- cation of a schedule. This has not yet been done as to anything save the grain rates. The Commissioners have already come forward and sworn that they will take no further action as to other re- ductions until they shall have made fur- ther inquiries and investigations. I, as counsel of the Commissioners, am not going to advise them to enforce that par- ticular resolution, but rather to make upa proper schedule. The respect due to a branch of the State government ought to induce the court to believe the Commis- | sioners, and not visit an indignity upon them by laying an injlmction on them, after what they have said.” Mr. Hayne concluded the day’s install- ment of his argument by citing figures in support of his facts, showing that in any event the effect of the reduction in grain rates must be much less than has been rep- resented and supposed GRAND ARMY. Headquarters Transforred to Santa Cruz. Investigating Committee Report. Department headquariers of the Grand Army of the Republic were transfered to Santa Cruz yesterday and some of the ad- vance guard of delegates left the City on the afternoon trains. The main body of veterans will leave for Santa Cruz this morning.. 1t is ascertained that Judge Bnckles of Solano, Judge Walling of Nevada, Judge Crawford of Sonoma, W. H. Pratt of San Francisco, and W. G. Hawley of San Jose, who were appointed to hear and judge of the testimony relating to charges of mis- management of the Veterans’ Home, have submitted to Department Commander Wilson a report vindicating the board of directors. The report finds that none of the charges made by Lyon Post and General Thomp- son have been sustained. At a meeting of George H. Thomas Post last evening Charles H. Blinn, quarter- master, read an interesting paper entitled “vight and Shadows in the Life of a Prisoner of War.” The narrator described his own capture in the Shenandoah Valley in April, 1862, and his experience in prison at Lynchburg and Belle Isle. The narra- tion was spirited and animated through- out. Mr. Blinn received a vote of thanks from the post and many individual congratula- tions. —_———— There were two pattles of Preston, in 1648 and 1715. There was a_battie at Tou- louse in 1159 and again in 1814. The latter was the last of the Peninsular War. To- bago has been taken no fewer than five times—in 1672, 1974, 1781, 1793 and 1803. Adwiral Vernon fought two great battles at Portchello in 1739 and 1742. HOME 00 HOT FOR HIM Senor Domingo A. Pumar on the Troubles of Vene- zuela. ALL NOW ABOUT SETTLED. The Senor Says the Wines of Cali- fornia Would Find a Ready Mar- ket in Venezuela. Among the arrivals at the Occidental is Domingo A. Pumar, a well-to-do mer- chant of Caracas, Venezuela, who has been abroad traveling for some time. The war in Venezuela made sundry dis- turbances even in the commercial line there. Many business men fell into dis- favor with President Crespo, among them Senor Pumar. He says now, however, that the war is practically ended, and the differences be- ing well on toward a settlement, he will soon go back. “I wonder that you do not send your ex- cellent California wine down there,”’ he said. “I have never seen any of it there, and we get practically all our wines from France. “Since I arrived here I have been struck with the fine flavor of the different kinds of wines produced here, and that you haven’t them on sale in Venezuela is more a mystery with me than ever. “‘Beyond question our people would buy these wines if they could‘got them at any- thing near the price you sell them for here, freight added. I have lately visited France, Spain, Portugal and other wine- | growing countries of the Old World and have examined their wines with interest. These wines I find in California surprise me by their exceptional quality, as com- parsu with the product of Old World vine- yards. “‘All California wine-growers have to do, I am satisfied, is to get their wines into the markets of the different countries, They will surely sell—at least the best of your wines will—and there will be a good margin for profits, too.” Senor Pumar reached here by way of Brazil and Chile and the Panama steam- ship line. He says Caracas now has 70,000 people, while Venezuela as a whole has 2,500,000. The Spanish colony is the largest, and next come the Germans. The lEuglish and Americans are comparatively light. Delightful Blundering, A little boy in the course of his reading lesson came to the word ‘‘widow,” an called it *window,” a word more familiar to him. The teacher, who was acting as examiner, corrected the blunder, and then wishing to improve the occasion put the question, “What is the difference between ‘widow’ and ‘window’?” The boy’s an- swer began, ‘“You can see through a win- dow, but—"’ and then stopped. The amuse- ment plainly visible on the teacher’s face prevented the miniature Sam Weller from completing the contrast. Now; the blunder here, so far as it was a biunder, was entirely due to the teacher. He did not mean to impress on his pupils the transparency of a window as contrasted with a widow, but the difference in spelling between the two words.—Blackwood’s Magazine. ————— Miss Byrd Watkins is train dispatcher on the Kansas division of the Union Pacific at Junction City. She is the only woman in such a position in tne United States. Miss Watkins is blue eyed, brown haired, tail and slender. 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