The San Francisco Call. Newspaper, April 25, 1896, Page 9

# HeDe‘eated the Red-Hot Favorite, THE SA FRANCISCO CALL, SATURDAY, APRIL 25, 1896 ALL OVER A MUD HORSE Miss Maxim, Very Handily. TWO FAVORITES COME FIRST. Lost Girl Tock a Race in Game Fash- ion—Jack Rich:licu Ran a Decidedly Improved Race. The track was again just to the liking of the web-footed horses yesterday, and overlooked ones upset calculations in several instances. The threatening aspect of the weather kept the attendance down, and the bookmakers did a light business. Favorites were successful on but two oc- casions. The California stable’s Realiza- tion was the longest-priced outsider to win, g:pltunng the opening event at odds of 15 O the many hard jolts the talent re- ceived during'the day, Miss Maxim’s de- feat by All Over was’ the most expensive. The mare composed one of a trio that started in the fourth race on the card, over a mile, and with but eightv-nine pounds in the saddle, opened in the betting at 1 to 2. Notwithstanding the fact that it wasall that All Over could do to beat that ordi- nary performer Doubtful on Wednesday, he was very heavily backed to beat the filly, his odds gradually being rubbed from 2}4t01t08 to5. he daughter of Maxim receded in the betting 07 to 10, Thornhill was lightly played atlengthy odds. The favorite, who was cut off at the start, ook the lead around the first turn and set a very merry pace to the stretch. Hereshe began tiring, and on the journey to the wire was easily beaten out by All Over in the fast time of 1:423;. Realization, although a notorious mud- lark, has performed with such indifferent | success the past winter that neither the stable nor the public took much stock in him, and he went to the post at odds of 15 to 1 for the opening six-furlong dash. He led throughout, and won easily, with Can- dor, a 5 to 1 choice, finishing in the place. Mainstay, the even money choice, was in- terfered with soon after the start, and ran unplaced. he Burns & Waterhouse Sir Modred colt Adam Andrew was a 2 to 5 chance for the half mile scrambie, but in a driving finish through the stretch with Lost Girl “THE CALL” RACING CHART. alifornia Jockey Club’s Spring [Meeting. Colimm crost Sloppy- e Ry ighth day, Friday, April 24, 1896. Weather 1072, ¥I¥ST RACE—Six turlongs; selling; fou r-vear-olds and up; penalties; purse §300. Index. Horse, age, welight. sL| 1 1‘ % 3% | s | Fin Jockeys. Realization, 5 -| | 15 | 12 |Bozeman. Candor, 4. 4 18 21 Piggott. 5 3h L Johnson. 214 | 43 | Hennessy 9 | 61 33 | 64 8 73 4 | 82 8 10 Index. Horse, welght. | Fin. ! Jockeys. *ogemng] |op. X (1051) Lost Girl 3l |Martin. 2 8 1 ; 2| {Bozeman'; .1l 132 il : 2.5 1 30 5 k3 Startin g-gate used. Won driving. Winner, Martin & McConnell’s ch. 1., by Sobrante-Nellle K. Time, :504. THIRD RACE— « purse $350. ven furlongs; inside course; selling; three-year-olds and up; penaitles; Horse, age, welght. | St. [ s | Fin | Jockeys | Beuting - Jack Richellen,a.122 1 23 | 114 Shields. 6 92 Monita, 5.........119| & 83 | 22" McClain. 5 [ Sea Spray, 4......116) 4 2 |- 2% ‘ 88 |W. Flynn 2 4 Hanford, 4...... 1116 8 i 64 | 114 |Bozeman. 8 10 :l_\' .‘“(vlhpar 4 }}; 4 ; | Zl | 5:: :ussell }3 80 o, &....... 2 | & |Hennessy .| 12 Comrade, 119 8 8 | 835 | 7 |Martin. |8 12 Decision, 8. 103, 6 1 4% | 8 |Plggott 12 52 Starting-gate used. Won handily. Winner, S. Time, 1:3514. C. Hildreth's b. h., by imp. Great Tom-Envemon. 1075, FOURTH RACE—One mile; three-year-olds ana upward; conditions; allowances: purse $400. . Index. | Horse, age, welght. st [ 14 | 3% | % | st | Fin | Jockeys [oBerting 216 | 220 T3 1s | 18 35 3 3 6 Starting-gate used. Won easily. 1076, FifrsRACE—Five and a bat furlongs Hildreth's b. h.. by Hanover-Deceit. Time, 1:423. selling; three-year-olds and up; ailowances; purse Index. | Horse, age, welght. | 8t.| 14 | 14 3% | s | Fin. Jockey. - |Jeuing, Bird, 5. 116 12 11 11 1124 Shields... 52 T1s 3ip | 25 | 23 | 28 L Johnson 6 1104 2n° | 83 | 836 |32 |W. Fiyon.. 7 Capt. Spencer, 6..116 9 | 735 51 | an " |Sweigsl 100 Zooleln, a.........119| 53 | 433 | 42 | 515 |Heanessy 72 San Mareu 101 78 9 9 | 81 |Rowan 12 111 415 54 | 68 7 Y2 | Russell 4) 113 835 | 815 | 72 |81; Martn 5 [ 116 655 | 617 | 635 | 9™ |Peoples. 60 300 Starting-gate used. Won handily. Winuer, E. T. Sachs’ ch. g by Red Iron-Fannle Johmson. Time, 1:218 1077, SIXTH RACE—Five and a halt furlongs; selling; three-year-olds and upward: allowances; « purse $300. Index. | Horse, age, welght. | St. % | s | P | Jockeys | Bewing Midio, 8.... ...108 4 . l¥3 83 | 133 C. Siaughter. 65 Jim Bozeman, 3..105 1 |. X 138 \ 2h 20 New Moon, 3..... 99 2 815 | 2h 85 7. Three Forks, 5...118 7 | 7 51 | 42 30 Clara Wilson, 3...105 5 . 62 7 | 52 3 Tomno, 3.........101, 6 52 | 415 | 61 72 Irma, 4..... i) e 23| 67 | 7 40 used. Won driving. Winner, Burns & Waterhou se's b. g., by imp. Midlothian-Elec- 3%. “THE CALL” RACING GUIDE. To-day's Entries at Bay District Track. Jn races where the borses bave no record at the distance to be run the records at the next neares: ¢ietence are given. Abbreviations—F., fast; Fa., fair; H., heavy; m., mile; £, furlong; *, about. FIRST RACE—Five and a half furiongs; selling. Best 1 Irdex. Name. |Lbs record.| Dist. |Lbs Tk.| Owner. Pedigree. 1050 Encino...... 106 H.. Encino stable. |1mp. Brutus-May D 937 Seraphin.. 9 ¥.0 J, Conway. | Emperor Norfolk-St Cecilia 1087 Nic Nac. F.. Burnsa Waterhouse Take Notice-Picnic 869 l~nbsnfl_ . Dodd... Cyclone-Sallie Brown 1063 Catch Em. Mokelumne stk fm | Imp. Midlothian-Litl Flush (1066) Edgemount. Lone stable Three Cheers-Etta W Marigold coli. *.|R. Stipe.. {Imp. Midlothian-Marigold Ricardo 2|0 F. Capps.. Wildidle-Blue Bonnet, Lily R’ n A, Ross.. Prince Norfolk-Katie A a John: Sylvia Red Wing. Sy ngalt 1:1414 Yucatan Ti.... 95 no rec. Addie Chipman 108 ........ Rapldo.......... 107 no rec el Pripcess Rose 11| 93 :5614| 4151 107 F. Zoolein..........|11311:1714| 61 |122/H.. M. Johnson. El Rio Rey-Valerie . Brown.. William Lo Imp. Wagner-Fabecia X Red Tron-Minnie C lkton stable. | Verano-Experiment J. F. Grady.. Imp. Inverness Yolande William Di i Joe Hooker-Trifle . Kaufman. SECOND RACE—Seven furiongs; sellin. | B | TG | Lbs record. | Dist. |Lbs|Tk. Index. Name. Owner. Pedigree. i 2l =5 O e e AR 861 Sleeping Cbild..|113 1:4134 1 m .| W. D. Randal hildMist- Erin-go- (1070) Walter J 113 A7t 1 .. |F. McDermot mp. True Briton-Tijiie 8t 1041 | Service. Tesl 18] C. Hildreth | p. Woodlands-Lady’s Matd 1045 | Normandi | 6t | amsdeli & Garland Tmp. Kyrie Daly-Extrace 1050 | EimerF.. 113 46t | oodmore stab.e .. Portland-Fantasla 1059 Ip.FullertnLass 109 1 61 I abona stable. Fullerton-t staway (1086) Joe Terry 105 1:29% |7 ¢ .| BurnsaWaterhouse Fiambeau-imp. Teardrop THIRD RACE—One and an cighth miles; .| Best | 1 e Name. bs| record.| Dist. !Lbl“l'k‘ Owner. Pedigree. 1065 |Trix 1100/1:55 |1 Frown |Freeman-Annte L 89 1:4714 1 Wgm'| 97/F. W.O'B. M: [Bean Brumm:Hmp. Mirage | l-Lucy | Hindoo-Brambaletta |Flambeau-imp. Janet | Voluguer. Pert o |ip.PriePenza ce-La, | Argyle-Greenloch g/ -|Mokelumne stifrm| Imp. Sir Modred-Typhoon FOURTH RACE—Five farlongs; Bitter Root handioap; two-vear-olds; value $1200, 1 Index. | | Best | ‘ 3 ‘Lbu‘f(ecord Dist. |Lbs Tk. Owner. Pedigree. 1028 110| 7513 | 35 m (111 11..| Burnse Waterhouse| King Tho 1025 it e b 6/ IL..| BurnasWaterhonse| Lmp: Maxim ingoc? 0% 1028 3 100 no ree. ....|Lone stable .......|Imp. 969 |Hohenzolier: 90 no rec. | ‘| Elmwood stock frm Imp. Maris 1060 | Doice ... 105 no rec. | .| Puenlo stable | Flambeau-imp. Janet N 3047 | Dolores... (50 | | S7lE pueblo stable Wiididle-Roseite 1028 |Fleor de 14914 | m (105/F .. El Primero stable.. Imp. Maxim-Fleurette FIFTH RACE—Short course; steeplechase: handica Best | | [ Index. ame. |Lbs record.| Dist. |Lbs Tk.| Owner. Pedigree, 1062 | Tom Clark m 134 F...|F. Farrar .. Julien-Ha: (1023) Silverado . 134 Fa.| £. Corrigan. }Rmheflurx.;oln‘lgl(‘)e (1062) Hollo 185 Fa. 0. F. Johnson......|Sld, by Revellle 1055 Ravine -|B. Levy.... Reveille-Niena 1055 |W. 3 |3: & Oppenbeimer..Springbok-storia 1042 | Col. Welghtman 132 3:35%4 H..| A. G. Blakel arfellow-Lessie P 1055 |Arundel. . 1125/no rec ¥ ... Floodmore stable ..| Duke Norfoik-Elaine SIXTH RACE—Seven furiongs; handicap. —— e | Best index.| Name, | Los mom,{ Dist. |Lbs Pedigree. (1075) el 111/ Hanover-Deceit 1011 | Service. 110 Imp. Woodlands-Lady’ Qgsl) Ferrier . 163, Falsetto-imp, ci'nd':gl';nd 02 Cabrilo. kT B oo oate fmeet Fome | r-im 1061 | Logan 138, Voltlgeur.bert - - e Hmptn SEVENTH RACE~Five and a half furlon; gs: seiling. l . 1., | Best | Index. Name. |Lbs|record.| Dist. 7 Lbs|Tk. Owners. Pedigree. 1072 |Malnstay 132 8. C. Hilareth Tm, e LB C. p. Mariner-Queen: |¥. Archibald.. John A-Early Rose il Kobin Hood L Afiatus. Mt. Roy. el. Hermanita.. Realization 1053 (1072) "...| Henne, L. Ezell. . Ei Primero stabie pin stable. all Doubt-Natchiioches Fitzjames-Springlike 1mp. Eric-Rocket Frank Rioades-Belle Forester-Maratana Imp. Inverness-A ffinity Fanotus-Mt. City Belle Ben Ali-Ezza and Lena, had to be content with third place. Lost Girl, at 6 to 1in the ring, got the decision by a nose. Another favorite was bowled over in a seven-furlong run, decided over the inside course. Decision went to the post a 11 to 5 choice, but chased out in the lead with Sea Sémy and the chances of both were ruined. Jack Richelieu, backed from 8 to 4, took the command in the stretch, and, ridden out, beat Monita a length. Sea Spray lasted long enough to get the show. A first choice finally gained brackets in thefifthrace, a cheap fiveand a half furlong selling spin. Backed down to a 13 to 5 favorite, Red Bird managed to shake Myron off and beat him outa length at the wire. Cardwell was a poor third, with the others straggling in. Midlo, the Burns & Waterhouse entry, was dropped into a soft spot in the last race at tge same distance as the race pre- ceding, and, after getting away none too well, threaded his way through the bunch and won by half a length from Jim Boze- man. The winner was heavily played at odds of 13 to 10. JUST A LITTLE FENCING The Lawyers in the Fair Will Case Assemble and Disperse. The Demurrer to Paterson’s Opposition Only Partially Argusd and No Conclusions Reached. The army of lawyers in the Fair will case marched mto court yesterday, and then marched out again—all except Del- mas & Shortridge. They were con- spicuous by their absence. The business was the argument upon the demurrer of the daughters of Fair to the opposition of Paterson on behalf of the minors, and with regard to this par- tcular matter Delmas & Shortridge dis- claim any interest. To be sure Lansing Mizner was there to note the proceedings in the interest of Dr. Levingston, but the demurrer is looked upon by the doctor and his counsel as a side issue. wx-Judge Paterson was a little tardy and the last to arrive, and when he came he stated to the court that he had, but the day before, been served with the de- murrer to the amended opposition, and that he desirea at least a week to look over it. Mr. Wheeler said there were few new points in_the answer that would require study. He said that he himsclf wasready to proceed. he court called attention to the absence of Delmas & Shortridge, but Mr. Wheeler said they were not interested in the busi- ness in hand. ‘Wheeler then went on to run over the points of the demurrer, and laid special stress upon the incapacity of Paterson to oppose the probate of the will of the 24th, for the reason that his clients have no in- terest in his so doing. Even if the one will give to his clients $5000 and another will elve them $10.000, said W heeler by way of illustration, it did not follow that he had a right to contest the validity of the will that gave them the lesser amount. It was for the court to say which was the real wiil on the facts | presented in the ex-parte presentation of them. But in this case, he said, the clients of Paterson were best served in the later will—the will of the 24th gave them more than did the will of the 21st. “I takeit, therefore, that the court will not allow this contest to proceed simply because the minors see fit of themselves to contest.” Then ho proceeded to his strongest oint—that the children of Andrew and E\'ilham Fair, for whom Judge Paterson appeared, have no interest, because the interest of their parents intervenes. The will provides that a certain portion ot the estate shall go to the brothers of James G. Fair, and after that to their children. There was no_allegation that William or Andrew is dead, and consequently, he held, their children had no interest. The other objections were technical; that the allegation as to the republication of the will of the 21st was not supported by facts or allegations of facts, etc. It was evident that Garret McEnerney took a seat beside Judge Paterson and con- sulted and advised with him during the entire proceedings. Mr. McEnerney repre- sents W. 8. Goodfellow and the trust will. Mr. Paterson said he did not wish to go | into a full answer to Mr. Wheeler at this time, but he thought the latter’s points were not well taken. He contended that he (Paterson or his clients) opposed the will of the 24th because he believed it was not only not the last will of James G. Fair, but was no will; that the will of the Fresno-Sister Jim Dougl. *|Regent-Sadie . 21st was the last will, “and that we take under it,”” as Mr. McEnerney suggested sotto voce. “When all the Fart(es get their interest, if they ever shall,” said Judge Paterson, ‘“in the judgment roll that is made up on this document, the will of the 24th will be founa first disposed of, and it is our place to put ourselves right upon it; that is why we present our apfiusizion.” Mr. Paterson asked that further consid- eration of the matter go over for one week. The court asked for more light on the proposition as to the interest of the chil- aren of Andrew and William Fair as Mr, ‘Wheeler had presented it. The court said he did not see much in the other points, Judge Paterson said that if the will of the 24th was to be considered at all, there was no question asto their interest. He would pe able to enlighten the court if a little time were given. The cdurt then held the matter over for another week. GHIRARDELLI FREE. The Prosecution Had No Evidence to Connect Him With the Varni Murder. OAKLAND, Oarn, April 24.—Michael Ghirardelli, who was charged with the murder of Felice Varni in the foothills back of Elmhurst, on December 1, 1895, was acquitted by & jury to-day without their leaving their seats. The case has been on trial a week, but the District At- torney gruduced no_more evidence than was had before the Coroner’s jury, which refused to charge any one with the crime, When he rested to-day the defense re- quested Judge Greene to instruct the jury to acquit, which he did. After the Coroner’s inquest Detective H. V. Herbert swore to a complaint charging Ghirardelli with the crime. At the pre- liminary examination one witness testified to seeing the body at 9:30 on the day 1t was found by a Deputy Sheriff, while another swore he had seen Varni alive at 11:30 the same day. The gun expert also testified that the shells found on the ground near Varni could have been fired only from Devencenzi’s gun. Justice Clift held him for trial, how- ever, but when the same testimony was presented in the Buperior Court the Dis- trict Attorney said he was surprised and would have to agree to an acquittal. Judge Greene told the jury it was optional with them to disregard his suggestions or not. He, however, desired to 'u%gest. to them that they return a verdict of not guilty, which he would bave suggested had not the District Attorney consented. They re- turned such a verdict and the defendant was set free. The case of Devencenzi and Lazaretto, who are also held on the samec charge, is set for next Tuesday, and it is very prob- able that it will not be pressed. —_——— Fair and Fruitful As the West 1s, it is often malarious. But it 1s pleasant to know that a competent safeguard in the shape of Hostetter's Stomach Bitters exists, ‘which absolutely nullifies the poizon of miasma, Westernbound emigrants should bear this in mind, Nor should it be forgotten the Bitters is a terling remedy for dyspepsia, biliousness, constipation, kidney and nervous complaints and rheumatism | biterin jury cases as well as’ those tried wit| IS THE FINAL ARBITER, TJudge Sanderson’s Opiniop of a Judge’s Position in a Case. SHOULD SET VERDICTS ASIDE. Some Interesting Comments on the Court as the Thirteenth Juror in a Trial, Judge Sanderson has added something tothe comments which appeared in TaE CavrL some weeks ago on the rights of a Judge to interfere in the verdict of a jury. Judge Sanderson’s comments are em- bodied in an opinion scaling down a ver- dict rendered in a suit against the Exam- iner for libel. E. J. Mize was put out of Judge Conlan’s Police Court two years ago, and the Examiner printed an article in which he was described as a crank and evidently insane. He sued for libel, and the jury gave him a verdict of $1500. This Judge Sanderson believes excessive, aad he has ordered a new trial unless the plaintiff will remit $1350 of the amount. In rendering bis opinion Judge Sander- son gives his view of the position of the Judge and his power over a verdict. He says: A verdict which plainly appears to have been rendered under the influence of passion or prejudice, or which is clearly unreusonable, ought not to be permitied to stand. hen a trial Judee entertains these views of the verdict of a jury it is his plain duty to grant a new trial, ormodify or reduce the ver- dictto a certain sum, in order that the parties may settle same, if they, mutually, elect 8o to do, in accordance with the termsfiyea by the trinl Judge, and thereby end further litiga- tion. This supervisory right of the trial Judge over the verdict of a jury is based upon sound rea- son and upon_a rule of law universal, so far as I am adyised, in the several States of our Union. It is a rule which has been repeatedly declared by our Supreme Court, its first clear- est expression being found in _the civil case of Dickey vs. Davis, 39 Cal. 565, and its latest expression, probably, io the criminal ease of People vs. Knutte, tried by Judge Bahrs, in another department of the Superior Court of this City and County (vol. II, page 711, Cal. Decisions Supreme Court). 1 would not take either the time or the trouble to discuss this matter here, were it not for the fact that the rulings of both the trial and the Supreme Court, In_this case of People vs. Knutte just cited, have been the subject of much recent adverse criticism in the public prints of our State, under the impression, proably, that this was a novel and dangerous doctrine, and in which some members of the bar participated. No person, though, be he lawyer, lavman or newspaper man, who will take the trouble to investigate this subject, will find this rule either modern or vicious, and no right-thinking person will, in my jndg- ment, ever wish to see the rule abrogated which confers and imposes upon the trial | Judge the right of the duty of interposing and exercising his power as & Judge whenever | the life, liberty or property of a citizen is menaced, impaired or invaded by fhe er- roneous or unjust verdict of & jury. The court eritics denounce this as new law and dangerons doctrine. It is neither. Ttisas | old as the history of jury trialsin this repub- | lic, and consistent with reason and simple | justice. Certainly no trial Judge in a criminal case would allow & person whom he thought | innocent, or who was convicted on insufficient testimony, or on testimony he believed to be perjured, to be punished by the erroneous or unjust verdict of a jury. The same is equally | true of verdicts in civil case: trial Judge would or should permit & person to be des- poiled of properts, when he believed a jury y ad based their verdict on false or insufficlent Subject, of course, to heve his it be shown | s testimony. jndgment set aside, on appeal, it ihat he has abused his discretion—which rarely done. The trial Judgeis the final ai outa jury, As shown -above, this should be done, in common justice to all litigants, other- wise, improper and unjust verdicts would op- ress the losing party and there would be no relief therefrom. Unquestionably the province of the jury is to find the facts in dispute. They are likewise 10 pessupon the value and effect of evidence. Their judgment, though, isnot arbitrary and conclusive. Théy are to exercise sound and reasonable discretion. If their verdicts rest upon such reason and discretion, then a trial Judge rarely, if ever, disturbs their verdicts, and under such circumstances he certainly should never do so. It is said that if the Judge have the power to set aside or modify verdicts at his pleasure, then the people might as well dispense with the expense and inconvenience of jury trials. This sounds plausible, pnrncllllr? in this day and age, when Judges are elected,as with us, by the people, instead of being appointed by the crown, as in times past. But trial by jury is of great antiquity, and an important part of the machinery of our judicial system, which our people, itis highly probable, will never be willing to part with, since it guarantees a deci- sion as to the facts in dispute, both in civil and criminal cases, by neighbors of the parties in interest. Theory is one thing, but practice often de- molishes its application. Though the rule in this State be as elsewhere, that the trial Judge must in the end decide whether the verdict of the jury shall stand or be set aside, yet it is only in rare cases, and those of the plainest, where the jury has given an erroneous or u ;;\st verdict, that the trial Judge interferes. bis department of this court may be aptly cited in corroboration of this statement. For the past five years and upward this depart- ment has almost exclusively engaged in the trial of jury cases and mostly for damages, and during that time hundreds of cases, I may say, have been tried by juries, and yet only in one case have I granted a new trial, and in only four or five cases, and this among them, have I modified their verdicts. The jurymen ac- cepted to try these cases have been men of in- tegri'y and good sense, and their verdicts mainly based upon logical deductions that might with reason have been drawn from all the evidence submitted to thom. Doubtless if these cnses had been tried by the court, without a jury, the damages given in some of them—perhiaps in many of them— might have been for other and aifferent amounts, either greater or less, than those given by the jury in these same cases, as the weight, value and effect of the evidence given might have impressed_or persuaded the court differently than it did the jury; but that would be no good cause to disturb the verdi-t of the jury, when there was any reasonable view of the evidence on which to !ngpurt the verdict. Most of the verdicts ren juries for damages are the result of a compro- mise of diverse though honest views enter- tained by the individu=l twelve jurors. Jury- men, as well as judges, differ and doubt, but their verdicts and decisions are in the main founded on some reason, more or less cogent and convincing, and as correct as can reason- ably be expected from finite beings who must hear conflicting evidence, deduce conelusions and render conscientious decisions therefrom. THE VALLEY ROAD. Agent Young Tells New Things About It and the Public School Su- perintendency. C. 8. Young, of the real estate firm of Young & Lang, is now in charge of right- of-way matters of the San Francisco and San Joaquin Valley Railroad Company. Yesterday he left for Fresno to enter upon his duties—securing the right of way be- tween Fresnoand Bakersfield. With three or four exceptions, where condemnation suits.are necessary, the right of way has been secured as far as Fresno. A Cary reporter saw Mr. Young before he started south. Mr. Young said: “The company will bave a new policy beyond Fresno. Up to the present time the people have known just where the company would build the road; hereafter and south of Iresno the disposition of the people shown in the subsidies offered and the rights of way given will have much to do in shaping the policy of the company relative to the line to be accepted. “Notwithstanding the great popularity of President Spreckels and his associates among the peovle of S8an Joaquin Valley the ‘stand and deliver’ methods and ‘cinch’ game on the part of many of the land-owners have %iven the company a great deal of trouble and caused serious delays. Beyond Fresno it will be required that to secure the line the right of way must be given free of charge, and other special inducements offered on the part of the people.’”” It is expected that the railroad will be completed to Fresno, a distance of 125 miles, fiy the middle of August, and mean- while Mr. Young will have plenty of time to ascertain the sentiments of the people along the line hetween Fresno and Bakers- field and report to the company what line should be adopted. ‘When asked whether or not he had, as had been reported, given up his fight for School Superintendent of San Francisco. he replied, “Why, of course not.”’ ‘‘With due deference to Judge Trouttand his judicial opinion, I have the same high regard for the opinion of my attor- neys, Messrs. Estee, Cross and Watt, that I had before the decision was rendered from the bench. It is a ques- tion of constitutional and statutory law and not one of fact sifted out of conflicting testimony of witnesses; hence the Judge on the bench has noadvantage in the way of information over nng other lawyer. Our brief_was filed in the Supreme Court long ago, but as yet Babcock’s attorneys bave not answered, and it is evident that their policy is one of ]ong delay.” 2 “Isit true, as reported by an evening paper, that you are tocome before the p;aop?le again this election for this posi- tion 2’ “‘One fight at a time is quite enongh. As Ihave already intimated, I expect that the decision of the Supreme Court will be that I am now the legally appointed Su- perintendent of Schools. At present I am not in politics, but am attending strictly to business and the best interests of the Val- ley road.” FOLDEDTHE GERMAN FLAG The San Francisco Schuetzen Verein Will Carry It No More. At Its May Festival the Verein Will First Appear With the Cali. fornian Emblem. The San Francisco Schuetzen Verein has determined to fold up its time-honored German banner and to keep it as a memory. And henceforth the bear flag of California will be carried instead of the emblem of the fatherland beside the stars and stripes. For thirty-six years the San Francisco Schuetzen Verein has held a May festival and always with good success. With every recurring May fete of the verein the beautiful red, white and black silk flag floated above the marching sharpshooters and was planted over the scene of their festivities, always sharing the honors with the United States emblem. Thiscoming May festival of t he shooting verein will be marked by an innovation in flags, for the banner of California will take the place of the German one. The San Francisco Schuetzen Verein is the only independent military company in California that did State service. When Lincoln was assassinated it acted as a guard at Montgomery and California streets, at the old Alta office. Itsduty was to preserve peace and to protect prop- erty, which it performed faithfully. Until the Franco-Prussian war the company was satistied with the American flag, but then it first carried the German emblem. Nor was this banner ever relinquished till the recent law regarding independent military companies went into eifect. This law provided that independent companies could not turn out with arms without having first received permission from the Governor of the State. The Schuetzen Verein received permis- sion from Governor James parade under arms on condi would not do so with the German flag, The alternative was gladly accepted, and the old flag has been hung up in the armory at California Hall as a memento of days gone by. “To show our feeling in the matter,” said & member of the company yesterday, “we have got a fine flag of the State with its bear and emblems of the California republic. It isour intention to turn out as Americans with Old Glory and the California bear flag hereafter. Our first outing with the new flag will be on the occasion of our thirty-seventh May festi- val at Shell Mound Parknext month. We are unanimous on this—that we are all Americans and proud to carry these banners.” HOTEL ARRIVALS. PALACE HOTEL. F P Roe & wf, Greenboro R A Trimble, N Y L A Wakefield, Mo D Marks. N Y N Kohn, Portland W McCord & wt, Pa H C Buboup & wi, Tl C L Averlll, Plausburg D M Ferry & wf, Blauche Ferry, Cal D M Ferry Jr, Ci Mrs AT Gurnell, Colo Sadie Gurneli, Colo T A Gurnell, Colo F H Davis, N Y G E Dimock & wt, N Y N E Whittaker& w,W Va H € Mechling & w, N Y H Johnsion, N Y rk, Aurora, Il W L Woodrow, San Jose T ¥ Buster, Detrolt C A Dunison, Detroit Mrs L R Valpy, England H J Lewis, Pittsburg R K Cohcrd, Carson € L Averill, Syracuse } A Rossier & w, S Diego H_Lindley, Los Angeles G Turner, Spokane J M Neil & w, Santa Cruz C G Fall, Boston G W Lynch, San Diego W N Odgen, Pittsb G H Ferguson, N Y M B Ginn, Boston Mrs B Eldred. Chicago M G Taylor & w, Colo Mrs C I Yerkes. Chicago Miss B M Cook, Chicago J H Hohns & w, Cal BJ Warman, N Y C H Gillett, Chicago W Garland, Los Angeles D H Poiter & w, Utah C S Jones, Philadelphia J A Horbach, Nebraska J H Hoffman, N Y S S Swain, N'Y W J Bryion & w, Il C H Hildreth, Chicago LICK HOUSE. M E Bingham, Plumas G C Freeman, Fresno W A Hook, Phil Dr Edwd E Shiels, Cal DS Murray, Salt Lake Cal urg €€ Crane & wt, Cal Mrs H Tucker, Ange F W Miller&w, Riverside T A Grady, Chicago A T Hyde, Merced JnoJ Roberts, Madera W M Warmley & w,Jowa Mrs A Farrow, Mt Verno Mrs D Katz &1, Port T F C Jones, Chico DC Cal Will Seaman, Sacramento TCK Col D B Fairbanks, Cal Ben Timmons, Miss Kennedy, 111 E E Hall & w, Cal X P Turner & w, Or C 1 Stone, Grass Valley FrankT Clay,3a W H Chapton, Texas Mrs P E Bush, Mich Miss Bush, Mich Edw P Devine, Chicago 3 D Marks, Selby G E Walton & w, Cal J E Cole&w,Sacramento Chas O Nicol, Truckee C J Spring & w, Cal F E Robertson & w, Cal Carson & 8s Miss C Carson, Mass P E Wetmore, Suisun , Redding Geo E Shields, Reddin, Sacramento G W Larkins, Oroville Ouley & w, Cal J Marx & d, Yortland E Arons, Los Angeles J P Pennington & w, Cal H Griber & w, Cal My Elckhoft, Cal Mooney & w, Boston O P Hall, New York Chase & w, Portland H L Fry, Stanford M Mannon & w, Ukiah GRAND HOTEL. Antone Toule, Fowler J Goldman, Merced amento Tucker, o © Twisler & w, Placeryil W La Vies, S Barbara D Earl, Cal H T Mayo, US N R T Brown, Peteluma W Tarlen, Gonzales G Rounds, Vallejo J B Gaugh, San Jose C B Webster, Suisun A Evans. Chico E H Staples, Suisun 8 W Collins, Santa Rosa J Leahy, Suisun Miss Murray, Cal Mrs H Turner, Chicago ¥ S Foote, Grand Rapids 1 £ Bell, Everett J Morrison, Sacramento J D Brower, Olympia Mrs Gervin, Sacramento Mrs J Aull, Los Angeles Mrs ¥ Howell, Rockl in R H Graham. Willows C L Steeper, Miss Steeper, Boston E C Hart, Sac ston A W Greeley, San Jose C H Hammett, Kansas R G Lawson, Woodland H Shaffer, Gridley E Hayward, Woodland Mrs Dalzette, Rutherford W Prunton, Bangor, Me L Gerlach & w, Stockton J 8 Miller, Stockton ‘W Bruce, Chicag> BALDWIN HOTEL €I Wetmore&w,0aklnd C H Abbot, Oakland R H Pether, St. Helena G J Koeing, San Jose M Hait, San Jose M Friediander. Oaklana O G Traphagen, Duluth L S Abraham, Portiand L A Ingells, Bosion T Rivarde. Paris A Lachamme, Paris W C Smith, 'hico W H Hood, Hochester R G Irvin, Rochester @ ¥ Ballinger & w8 Jse & Misleavacca, Napn J M Mattoon, Belvedere W P Bartlett, St Helena G M Cooper, Boston H Mott, N Y S Miller, Stockton T B Seott, Chicago H Kirby, Sacto C Wallace, Willows CB Todhunter, 8t Paul NEW WESTERN HOTEL. W W Collins, Talare M Ryan, Tulare G F Gailagher, Alviso F J McShane, Vallejo T Reeves, N ¥ F Lichtenberg, Astorla Miss Tredell, Seattle . Miss Turner, Seattle J Valiaaso, Halfmoon B H Haldo, Yreka P F Sheahen, Chicago A Marks, Denver W Thomas, Tuson Miss Morgan, Berkeley M Ager, Ager C Smith, Coos Bay ol SR i e Mr. Gibson to Address Young Men. To-morrow afternoon at 3 o’clock Rey. J. George Gibson, pastor of the Emmanuel Baptist Church, will speak and sing at the cial evangelical services at the Young Men's Christian Association Hall, Mason and treets. Beats free to all young men. RELIGIOUS THOUGHT AND PROBRESS An Epitome of Sermons of the Week Thronghout the Land. Following is a summary of the principal sermons recently delivered in the United States and Canada by the leading clergy- men, priests, prelates, religious teachers and professors of the Christian faith. In every instance the full text has been care- fully read and abbreviated. PURE GOSPEL. What men want to-day is the pure gospel, not sensational sermons and funny stories.— Ir}ev. H. M. Watson, Presbyterian, Westchester, 8. CHILDHOOD. A child’s mind is more aetive, has more things to learn before he is 7 vears old than in any seven after years.—Rev. M. W. Reed, In- dependent, Denver, Colo. GROWTH. Men and women are developed children. We grow along the lines of a past evolution. We cun make no leaps in growth, either Ehysi- cally, intellectually or_morally.—Rabbi Elkin, Hebrew, San Antonio, Tex. MOTHERS. God pity the man who has a fool of a mother! To haye a foolish father is bad enough, but a foolish mother is a positive calamity.—Rey. M. C. Peters, Independent, New York City. CIVIL SERVICE. Civil service is & question of morals, and not & political issue. It differs greatly from the tricks and trade of the partisan politician and is & moral element in governmental policy.— Rev. W. M. Welch, Methodist, Tacoma, Wash, BOARDING-HOUSES, The meanest place on earth, outside of jail, in which to bring up one’s children, is “the average boarding-house. There is in nearly every one & group of gossips who pry into evergmay'n usiness.—Rev. V. D. Talmage, Presbyterian, Pittsburg, Pa. UNSATISFIED. Our hearts tells us that we were made to be satisfied, and this life never quite satisfied us, The one unsatisfied being on the earth is man, because he belongs to_another world.—Rev. T. G. Dowling, Baptist, Brooklyn, N. Y. PRAYER. There is an educational power in prayer. It Dbrings blessing into the heart; new power and new life comes into the soul when communing with God. Prayer has more power than sing- ing or instrumental music.—Rev. J. R. Sampey, Baptist, Lewisville, Ky. HEAVEN. The Bible has little to say about heaven. Tt is rather occupied with the earthly life of the Christian. But the few_thoughts in the Bible about the other life are full of comfort and in- spiration.—Rev. W. P. Merrill, Presbyterian, Chicago, 11 POLITICAL PURITY. The church stanas for law and order and righteousness, therefore it has a right to shed light—the light of Seripture of divine truth— upon the dark retreats of political wirepullers and political wickedness.—Rev. G. W. Ridout, Methodist, Philadelphia, Pa. FRUITS OF CHRISTIANITY, A man is “judged by his works,” and the Christian religion by its fruits, by the upright men and noble women, by the martyrs and saints it produces, and, lastly, it is judged by its enduring powers.Rev. Father’ Kershaw, Catholie, Charleston, 8. C. MYSTERIES. We live amid en environment of wonders; we have touched so many mysteries, we have seen so many things done which we solemnly thought could not be donc, that no man knows their limitations or can ‘measure their po- Rev. Asa Saxe, Universalist, Rochester, MAN. In our attempt to solve the riddles of the universe we must be governed by our reason, and we can see nothing higher than man. He may be enlarged, purified, developed, but there can never be anything higher conceiv- able 10 us.—Rev. Lyman Abbott, Congregation- alist, Brooklyn, N. Y. DEEDS, NOT CREEDS. To hayve a correct faith is one thing, but a correct life is better. The creed time is passed and the deed time is here. A higher life, a purer spirit, are, among other things, imperi- ously demanded in our age of boasted culture. —Rev. C. 8. Lucas, Christian, Allegheny, Pa. TOO MUCH GOSPEL. There are men who have heard the Gospel 50 long that it has become second nature. They have heard it #o frequently that the divine grace makes 10 impression on them, when the hearts of others beat faster by reason of the touch of divine love.—Rev. Dr. Pratt, Baptist, Rochester, N. Y. CONVERTS. x When I get a fellow mad enough to abuse and curse me I expect to baptize that fellow. It's the man who wraps himself up in gentle. manly culture, never gets mad and treats you so kind e is the man that is the hardest to reach.—Rev. A. C. Dixon, Baptist, Raleigh, N, C. JESUS. The whole life of Jesus was beautiful, and such a life as only a divine being could live, His miracles were those which only God could perform, and in them, while in” the mortal flesh of man, he proved he was at the same time God.—Rev. George T. Mahoney, Catholie, ‘Woonsocket, R. I. ASPIRATION. God created man with certain aspirations, | and all the aspirations of the soul are not satisfied by anything on this earth. No mat- ter how great the honors are that & man may acquire, it will not fill out the aspirations of the man's soul that God hes implanted there- in.—Rev. Father Burice, Catholic, Austin, Minn. THE LAW OF GOD. Life is the stamp of the unseen on the seen. Men have been seeking for the origin of life in “spontancous generation” and combinations of dead matter, but why seek for the living among the dead, for that iife comes only_from life is the law of nature, or, better, the law of God.—Rev. D. F. Pierce, Methodist, Kome, N. Y. MOHAMMEDANTSM. Mohammedanism possesses some good fea- tures. Its fundamental doctrine is the unity of God, and in that respect it is far ahead of the polytheism of paganism. Another good oint is its religious prohibition of intoxicat- Pot liquors, In bonsequence, there 1o not o single saloon in the world keE'- by a Moham- medan. — Rev, 8. C. Bedickian, Methodist, Pittsburg, Pa. PATRIOTISM. Patriots are not made by parade and fustian, by impassioned applause of stock jingo senti- nients and superstitious obeisance to any sy bol. The roots of true patriotism are the prin- ciples of honor, manliness and justice. To cultivate these in the public school is of more value than to raise the flag over it.—Rev. Frank Crane, Methodist, Chicago, Ill. LIFE. Life is in no man’s hand, and it is nonsense to talk of taking itin the It is sacrilege to seek even to touch it. The suicide cannot approach it; the microscope cannot explain it; it comes and goes at the beck of a viewless hand and an irresistible power.—Rev. Wallace Nutting, Congregationalist, Providence, R. I. TMMORTALITY. Man’s life needs immortality to complete it. A single span is too short to realize the fruit of honest endeavor, and heaven, with its com- pletion and perfection, fits on to tnis life with its inadequary and _imperfection. The spirit- ual is the natural blossom upon the natural; the celestial is the fruitof the terrestial. —Rev. H. P. Dewey, Congregationalist, Concord, N. H. CHRIST. By imitating the perfect example of Christ we can become Christianlike. The sinlessness of Jesus is a perfect model of daily conduct for all men to imitate. The perfection of this Divine Man, as a model, is molding every true Christian and every civilized nation. The holiness of the character of Jesus Christ is the moral and spiritual magnet of the universe.— Re\;. W. G. Partridge, Baptist, Cincinnati, Ohio. JEKYLLS AND HYDES. To-day we meet Mrs. Amiable, to-morrow Mrs. Irritable, ana next day Mrs. Somebody Else. To-day she is Mrs. March and to-morrow Mrs. June, and then she is Mrs. April, in whom both March and June combine. To.day it is Deacon Moody, and to-morrow it is Dea- con Guodheart. People are not steadily iden- tical with themselves. Men are not always alike before and after elections. A manina prayer-meeting is not always just as he is ‘when_contracilng for city improvements.— Ri\‘r. E. L. Rexford, Universalist, Columbus, 0. (o4 IMMCRTALITY. Conscience mysteriously points toward im- mortality. A future life for man is required to vindicate God’s character as moral ruler of the universe. The n‘;flment from design and the innumerabie proofs of the benevolence of God all necessitate a future existence in order to vindicate his character. Divine justice re- quires a future life for man in order to viadi- cate itself. There is a sacred belief in the heart of man lhllgfl!flcfl cannot ultimately fail. It does fail if death ends all.—Rev., F. B. Cherington, Congregationalist, Spokane, Wash. LIVING. Live with all your miiht, with all your mind and heart and soul. Live to the utmost of your power up to the utmost verge of life. Make your life rich, strong, wise, happy; take into it all that nature or books or friendsnips or tender memories of great hopes can give you, a then let it pour out as freely as it pours in. Live as if life were exhaustless, and you shall know its exhaustlessness. Live for others, and from others, and you shall know how God lives in you, for you, with you and yours forever.—Rev. A. M.” Lord, Unitarian, Providence, R. I. % { tery, detached from the One Hundred T0 INDORSE THE BILL, Manufacturers and Producers Desire a Department of Commerce, Send Resolutions to Washington Urg. ing the Aid of California Representatives. The Manufacturers’ and Producers’ As- sociation has prepared resolutions indors- ing the bill in Congress for the establish- ment of an executive departmentof the Government to be known as the Depart- ment of Commerce and Manufactures, The resolutions have been forwarded to Washington, and read as follows: SAN FRANCISCO, Cal., April 24, 1896, To Pacific Coast Senators and Congressmen and Committee on Commerce of Senate—DEAR SIR: At & meeting of the board of directors of this asso- ciation held yesterday afternoon the following preamble and resolutions were unanimously adopted : WHEREAS, The question of the establishment of an executive department of the Government to be known as the Department of Commerce and Manufactures has been brought to the sattention of the Manufacturers’ and Producers’ Association of California; and, wheress, the attention of this association has been furtner drawn tothe factthat there hasibeen intro- duced in the Senate of the United States a bill (S. 2447) providing for the establishment of such a department, the appointment of a Sec- retary and other officers, and prescribing th duties of said officers and the jurisdiction of said department; and, whereas, the provisions of said bill have 'been carefully considered by the board of directors of this association; and, whereas, itis the opinion of this board that such a department should be established at the earliest possible date, therefore be it Resolved, That this association does hereb express its full indorsement of said bill and ai the provisions thereof; and be it further Resolved, That this association dees herebg urge the Committee of Commerce, to whicl committee seid bill has been referred, to favor- ably report the same to the Senate at the earli- est possible date; and be it further Resolved, That the California delegation in Congress be urged to reuder such assistance as may be in their power to id in the passage of said bill; and be it further Resolved, That the secretary of this essoeia- tion be and he 1s hereby instructed to transmit & copy of these preambles and resolutions to each memberof the Committee of Commerce of the United Siates Senate and to each mem- ber o the California delegation in Congress. Adopted by the board April 21, 1896, For your information 1 will state that this association has a membership of about 1400 of the leading manufacturers and producers of the State of California. R Thanking you in advance for the considera- tion this subject will receive at your hands, I am, for the association, yours truly, L. R. MEAD, Secretary. ———— Sentenced to One Year. T. Yamata, the Japanese convicted of smug- gling forty-seven dozen of silk handkerchiefs into the United States, was sentenced to one year in prison by Judge Morrow yesterday. Captain Benson’s Statement. A REMARKABLE AND INTEREST= ING CAREER. A Member of the First Kentucky Bat- tery Who Was in Twenty-Seven Hard-Foaght Battles and Taken Prisoner at Andersonville. From the Capital-Journal, Salem, Or. Salem, Oregon, can boest of no better known private citizen 'thian Captain William Benson. To the old residents, as well as to the school children, his figure is as familiar as that of Mt. Hood or the State Capitol. Captain Benson of the First Kentucky Bat- and Twelfth Illinois Infantry, is now 74 years old, and hestaken part in twenty-seven hard-fought battles, besides a great many interesting skir- mishes. He is pensioned for injury in the breast, from concussion of & shell, and for & wound in the right shoulder, caused by leaping from a car while being taken as a prisoner from Andersonville to Pine Forest. For the past twenty years he has suffered almost continually” from malaria and shortness of breath, and has been afiicted with rheumatism in the legs and shoulders to such an extent that he had notseen a well day in all that time. He was also aflicted with con- stipation and piles. Eighteen years ago Mr. Benson removed from Iilinois to Oregon on account of his filing health, and since the close of the war has not been able to_support himself by manual labor and has had almost constant medical attendance by physicians of all the different schools of practice. To see him now, tipping the scales at 210 pounas, enjoying Tegular health, his cheeks mantled with a fresh, rosy complexion, walking off proud and erect, with a fresh, firm, vigorous step for a man in his seventy-fourth year, is enough to make one believe in the possibil- ity of Ponce de Leows fabled Fountain of ‘ou th. Captain Benson is not only a hero of the Civil: War, but & man worth considerable propérty. 'He says he would part willingly with his interest in all his earthly posses- sions rather than be placed back in the de- bilitated condition where he lingered for a score of years. “I suppose,” said he, laughing, “that what you are after is an advertisement for Pink Pills, but I want to say that I am very glad to give you this testimonial, as I am convinced it ‘will relieve a great deal of suffering if itcan become widely known. Iam firmly convinced, after an experience of over fiity years with both patent medicines and physicians, that if every family could keep these Pink Pills in the house they would never need a doctor. “1 have paid out over $1000 for doctoring with the best physicians at Salem, but not a cent for myseli since & year and a half ago. It was then that first heard of Pink Pills. I got the first box at a drugstore, and had not much confidence in them when I began to take them. 1 took one box before I got much benefit, but by the middle of the second box the pain in my breast began to disappear, and the rheumatism in my shoulder went away. The shortness of breath was alleviated. and I began to sleep like an infant. For the first time in iwenty years I realized the luxury of sound sleep, and my sys- tem began to recuperate. “By the end of the third box it had taken away all my rheumatism and stiffness in the muscles and joints, and I began to feel as nim- bie as a boy, and could do as good a day’s work as ever, but for my wounds. I enjoy the best health I ever enjoved in my life. My natural weight increased from ten to twenty pounds. My flesh is solid and my skin is clean and fresh as & baby’s. I had tried every remedy under the sun for piles, but without rehief. At times they were near killing me. Sciatic rheumatism had laid me up in bed for months at a time. Pink Pills have cured all these things, and I have not felt an indication of piles or rheu- matism for eight months. People who see me now cannot believe thatI am the same man. My face looked drawn, my eyes were blood- shot, my skin was scurvied, and I could not have had a worse appearance if I had under- gone starvation on an Aretic expedition, I can now eat whatever I have a relish for, and all I want of it, and it don’t hurt me. “Iused to be constipated continually, and I have taken wheelbarrow loads of other pills, but never got perfect relief untilI tried Pink Pills. I am now taking two pills a week, and sometimes I go without them for a month, and asIsaid I enjoy continuous good health. I have got rid of rheumatism and everything else. Pink Pills perforia wonders. They go to work and fix up the kidneys and back and the whole system. Three days after first taking them you feel the effect all over. The worst trouble with me was I had got so I could not remember anything. My mind was clouded. A month after I began taking Pink Pills I first Dbegan to notice my mind become clegr and ge- tive, and my memory is perfectly restored, s hlgpy change from the feeling of stupidity I had ' suffered. This medicine has fixed me up and made & new manof me. Itis only the other day that Dr. Reynolds, Dean of the Salem Medical College, remarked to me ti I was looking hale and hearty. I said, Ye: d no thanks to you doctors. It is Pink Pills that have done it. He poohhooed at it. But I know w! Iam talking about, and he had to admit whatIsaid.” (Signed) ‘W BENSON, S141E OF OREGON, MARION COUNTY. § # Subscribed and sworn to before me this 20th day of November, 1895. E. HoFER, Notary Public, In and for the State of Oregon. Dr. Williams’ Pink Pills contain, in a con. densed form, all the elements necessary to give new life and richness to ihe blood and restore shattered nerves. Tney are an unfailing spe- cific for such diseases as locomotor atexis, partial Ksnlyxu, St. Vitus’ dance, sciatica, Dneuralgia, rheumatism, nervous headache, the after effect of la grippe, palpitation of the heart, pale and ulh}w complexions, all forms of weakness, either {n male or female. Pink Pills are sold by all dealers, or will be sent postpaid on receipt of price, 50 cents a box, or six boxes for $2 50 (they are never sold in bulk or by the 100), by addressing Dr. Wil liams’ Medicine Company, Schenectad;