The San Francisco Call. Newspaper, April 28, 1896, Page 11

THE SAN FRANCISCO CALL, TUESDAY, APRIL 28, 1896 11 THEIR OWN Way O NOT AT ALL Mining Men Object to a Congressional Appro- priation. QUARTER OF A MILLION To Be Devoted Solely to the Benefit of Private In- dividuals. HYDRAULIC MINERS PROTEST. They Claim the De Guerre Point Dam Can Be of No Berefit to the State at Large. The bill passed by the House of Repre- sentatives in relation to a $250,000 appro- ation for a dam to be built in this State at-De Gu Point and which was taken up by the Committee of Commerce of the ate and a: led and reamended last thrown the executives of the ssociation into a steam o President J. H. Neff of the association, n So ecretary, and John M. attorney, have been in con- stant communication since Saturday with the representatives of California at Wash- ington, appealing to them in the interests of the miners of this State to have such C endments to the bill to be e that the appropriation will not be r the beneiit of private individuals ast the good and benefit of the ulic miners. th in the appended telegrams terviews it will be seen that the es of the Miners’ Association be- lieve that the building of a dam at De Guerre Point would simply cause an im- mense natural reservoir to be formed there which could be used for irrigation pur- poses by private individuals while it would be of no benefit to the mining dis- tricts, Following is the first and main tele- gram: 1896. Vash- SAN FrANGISCO, April 2 Tirey L. Ford, Hot:l Normandie D. C.: Please furnish verbatim_ copies s telegram to Senaiors White and Perkins uediately. er thorough exemination and discussion e California Debris Commission reports to date, the miners of the California Miners' Associat.on are firmly convinced that the pas sage of the so-called hydraulic eppropriation clause. as now worded, being the clause adopt- ed in committee on April 21, will wor injury to the hydraulic minersof C end they would “preier that no appropriation at-all should be made at this session if no change can be had. The appropriation as worded looks solely to the construction of a dam at De Guerre_Point, and would result principally in benefiting the owners of that certain individual water right taken up at that place and intendea to be especially prole(‘(et; by the act of the Califor- nia Legislature entitled, “An act to amend sec- tion 1416 of the Civil Code of this_State, re- lating to water righis,” spproved March’ 23, last report of the Debris Commission is sgainst the building of & dam at De Guerre Pointat present. See page 4064 Report of the Chief of kngineers, United States Army, 1895. he miners, beli€ving that the works to be constructed should conform to the present views of the commission, as well as to_the re- sults of their future investigations, desire par- ticularly that the sppropriation ¢lause shall read as follows: For protecting the navigable waters of the United States in the State of Cal- ifornia $250,000, to be expended in the coa- struction of works for the restraining or im- pounding of mining debris, under the diree- tion of the Secretary of War in accordance with such recommendations and plans of the California Debris Commission as &hall be approved by the Secretary of War for the purposes detined by seetion 4 of “An act to create the California Debris Commission and regulate hydraulic mining in the State of California,” approved arch 1, 1893; pro- vided, that the Treasurer of the United States be and he is hereby authorized to receive from the State of Californis, through the Debris Commission of said State, or other officer thereunto duly suthorized,’any and all sums of money that have been or may hereafter be appropriated by said State for the purposes ein set forth. And said sums, when &0 re- ceived, are hereby appropriated for the pur- poses above named, to be expended in’ the manner above provided. The useof tne word *navigable” in lieu of ¢ 1 nento and Feaiher” is con- desirable to prevent possible s regards the California appropria- tion, with subdivision 33 of section 25 of ’, California constitution. J. H. NEFF. President. A JULIAN EONNTAG, Secretary. §11n speaking of the De Guerre Point dam yesterday, Secretary Sonntag said: Hydraulic miners are not in favor of & dam st De Guerre Point, as its erection would sim- ply be resultant of benefit to owners of certain individual water-rights. Mr. Sonntag refused to give the names of the private individuals to be benefited. It is well understood, however, in the as- sociation that they are represented at Washington by Assemblyman R. L Thomas, who has been there since last January at their expense, and who insti- gated tne selection of De Guerre Point as the place at which to invest the quarter of a million dollar appropriation fcr a dam. Speaking further on the subject, Mr. Sonntag stated: The dam at De Guerre Polnt would give these private interests & reservoir to be used for irri- gation purposes under protection of the United States Government. As it now stands the bill does not permit hydraulic miners to put in more debris back of the dam. The claim that this would be a bene- fit to the miners of Nevada County is not the truth, & fact which is allowed and weli under- stood by every hydraulic miner in the State. The miners want the erection of dams through Government appropriation left to the United States Debris Commissioners. Let them sclect the locations in canyons where they deem them of most benefit 10 both the miners and people of the valleys. \\'ep nrpe strong in our belief in the impar- tiality of the United States engineers, who, we teel, are the properly entitled persous to decide e of this fmportance. Some six years ago the United States Debris Commissioners recommended the erection of & barrier at De Guerre Point, put successive commissions have rapidly grown less enthusi- astic. it is plain to them that the excessive width 0f 5450 teet at De Guerre Point will in- volve tremendous expense for work that must necessarily becoma inoperative by reason of other dams erected in the interior of the State. The California delegation at Washington did excellent work last Saturday when they elim- inated the executive document, No. 16, H. R., Fifty-third Congress, sccond session, Iegu= lating hydraulic min{ng. 1f they will further ¢|iminate document 267 and document 98, us referred to in section 25 of the Caminetti act, it will be a satisfactory bill. In order tosecure the quarterof a million doller appropriation for California on a satis- factory basis, I think the mention of the Amer- ican and Feather rivers should be dropped und the words navigable streams inserted in lieu thereof. It is the purpose of the executive officers of the California Mining Association to endeavor 10 secure & bill that will once for all benefit one of the grestesi industries in the State. Wwe feel grateful to Senators White and Per- kinsand the entire Congressional delegation that they have done what they have for us, but we feel sure also that they will do more a8 soon a8 they understand exactly what we want. Attorney Wright read the following por- tion of the Caminetti law which is satis- factory to the hydraulic miners: That said commission, in order that such material as is now or may hereafter be lodged in the tributaries of the Secramento and San Joaquin river systems, resulting from mining operations, nafural erosion or other causes, shell be prevented from injuring the seid navi- gable rivers or such of the tributaries of either 8s may be navigable and the land adjacent thereto, is hereby directed and empowered, when appropriations are made therefor by law, or suflicient money is deposited for that purpose in said debris fund, to build at such pointa above the head of navigation in | said rivers and on the main tributaries thereof, or branches of such tributeries, or at any place adjacent to the same, which, in the judgment of said commission, will affect said object (the same 10 be of such material es will insure salety and permanency), such restraining or im- pounding dams and settling reservoirs, with such canals, locks or other works adapted and required to complete the same. The objectionable clause which winds up section 25 of the act which the miners desire to have amended, reads: _The recommendations eontained in execu- tive document numbered 267, Fifty-first Congress, second session, and executive docu- ment numbered 98, Forty-seventh Congress, first session, as far as they refer to impounding dams or other restraining works, are hereby adopted, and the same are directed to be made the basis of operations. The sum of $15,000 is hereby appropriated from moneys in the treasury not otherwise appropriated, to be immediately available to defray the expenses of said commission. Prior to leaving the City for his moun- tain home yesterday President Neff caused the following telegram to be sent to Wash- ington: Hon. Tirey L. Ford, Washington, D. C.: The particular objection to section 25, Caminetti act, extends only to the adoption of document 267 and document 98, which are the same in effect as document 16, and equaily objection- able. All other portions of section 25, being the same in effect as section 4, are setisiactory. Furnish copies of this telegram to entire dele- gation, J. H. NEFF, President. JULIAN SONNTAG, Sccretary. The agreeable section 4 reads: That it shall be the duty of said commission to mature and edopt such plan or plans from examinations and surveys already made and from suen additional examinations and sur- veys as it may deem necessary as will improve the navigability of all the rivers comprising said systems, deepen their channels and pro- tect their banks. Such plan or plans shall be matured with a view of making the same effective against the encroachment of and damage from debris resulting from min operations, natural erosion or other eauses, with & view of restoring, as mear as practi- cable and the necessities of commerce and navigation demand, the navigability of said rivers to the condition existing in 1860, and permitting mining by the hydraulic process, as the term is understood in said State, pro- vided the same cen be accomplished without injury to the navigability of said rivers or the 1ands adjacent thereto. hiu sixty days after the notice is posted the claimant must commience the excavation or construetion of the works in which he in- tends to divert the water, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rains; provided, that if the erection of adam has been recommended by the Cali- fornia Debris Commission at or near the place where itis intended to divert the water, the ciaimant shall have sixty days aiter the com- pletion of such dam in which to commence the excavation or construetion of the worksin which he fatends to divert the water. Sec. 2. This act shall take effect immediately from and aft 3 TORAISE THE BLAIRMORE Captain William Burns Sent Here by the British Un- derwriters. The Difficulties of Recovering the Bodies in the Vessel by Mesans of Divers. Captain William Burns arrived in this City last Friday from London and is at the Occidental. He comes in the interest of the Blairmore underwriters and will consider ti:e best method of recovering the sunken vessel. Captain Burns is an experienced wrecker and this is not his first visit to the Pacific Coast, he having raised a sunken vessel at Portland, Or., several years ago. He will make a thorough examination of the wreck, and upon his recommenda- tion the insurance companies in conjunc- tion with the owners will act. It is thouxht that an effort will be made to dis- pose of the hulk by sale, on account of the cost and difficulty in getting her out of the mud under the six or seven fathoms of water in which she lies half buried. Regarding the recovery of the bodies of the'sailors entombed in the hull, the peril | of getting into the place where they are pposed to be is a hazardous undertak- . Oneof Whitelaw’s divers made the attempt Saturday night and failed to get near the vessel because of the swift cur- rent that sweeps through the wreck. He 1efused to go down again on account of the great danger of the undertaking. To enter the hull the diver, after reach- ing the bottom, would have to climb twelve or thirteen feet up the perpendicu- lar deck to the open hatch. Then he would drop the same depth down in the interior. e\'alkmgalongthe bilge through the soft, deep mud that has been depos- ited there by the current he would reach the between deck. This would confront him like a wall and up this in the darkness he would have to climb. Through the second hatchway he would grope and drop again onto the bilge in the hold. Then he would be standing upon the heap of ballast that rolled down there when the Biairmore toppled over. The bodies may be buried under this ballast or floating somewhere up against the upper bilge, thirty or forty feet above the diver's head. An entrance into_the hulk through the hole cut by the Union Iron Works people would let the diver into the lower hold, and if he did not find the bodies there he would have to grope his way into the be- tween-deck space, an exceedingly hazard- ous labor. Graham Menzies, of Menzies & Co., stated yesterday that in no wise would the owners of the vessel permit any more holes to be cut in her. “Theribsof the hull,’” said he, ‘‘are 28 inches apart, conse- quently acut through a plate would only be that wide. If the bodies are not covered up with the ballast they probably are by the mud that has been deposited through the wide batchways into the hull. If they are mnot washed out by the ebb and flow of the tide, which often runs ten knots an hour there. I don’t think it possible to recover them until tbe ship is lifted to the surface. He will be a courageous diver who will risk his life crawling down through these hatches and through the darkness of that lower hold. That hull is in good coudition and is valuable and will be raised notwithstanding the predictions in certain quarters.” —————— The Swain Estate. OAKLAND, CaL., April 27.—The Swain estate contest, will be tried before Judge Greene and a jury June 16. The probate of the will is to come up June 22. The estate of Swain, who was past 84, is valued at $115,000. His daughter, Mrs. Nellie Leavitt Code, alleges in her contest to his disposition of it that her stepmother used undue influence to restrain him from al- lowing her what she should have had. Paid Under Protest. OAKLAND, Cav., April 27.—The heirs to the Adams estate paid their city taxes to-day, amounting to $2075 7. A formal protest was filed, in which they claimed that the assessment of 150 acres should have been only $289,000, instead of $465, 200. This was the reduction made by the Supervisors in the county, and it was claimed the law required the City Assessor to accept these figures. They offered to pay $1314 95, the tax on that assessment. Lyon Post’s Row. OAKLAND, CarL., April 27.—Lyon Post, G. A. R., has called an important meeting for to-morrow night to consider whether they shall exist any longer asa post or shail surrender their charter. e Tt often requires a good deal of faith to doubt. FREE DELEGATES 10 ST, LOUIS Is Republican Sentiment Opposed to Iron-clad Instruction. ALL FAVOR PROTECTION California Should Be Placed in Line With the Next Administration. CHANCE TO SURVEY THE FIELD Many Out-and-Out Supporters of Mec- Kinley Favor an Unpledged Delegation. Whatever may be the opinion of Cali- fornia Republicans respecting the merits of leading aspirants for the Presidency, there is a widespread sentiment that the delegates to the St. Louis convention should not be sent there bourd with iron- clad instructions to support the cause of any particular candidate. Colonel George Stone, president of the Union League Club, is a strong McKinley man and a candidate for delegate to the National Convention. He 1s opposed to giving the delegation any bard and fast instructions, though believing that the convention may well express a preference which the delegation would feel bound to support as long as good judgment made it proper to do so. “In my judgment as far as‘the State Convention should go is to express its first choice and send a delegation morally bound to support that choice. I am not in favor of ironclad instructions to the dele- gation. “But I believe that the delegation should be instructed to vote as a unit. It should decide its vote in caucus and iet the majority rule. California has no favor- ite son, but it Las a choice, and the delega- tion should support that choice from the first ballot until the chances of success may appear gone. The State should have a chance to vote for the winner. When the time comes it may plump its votes as circumstances dictate. California is the first Western State on the roll and its course might become a decisive one. I notice that most of the Eastern State con- ventions have not given instructions though many district conventions have. 1f I were a delegate I would much dislike to be bound by ironclad instructions. The National Convention will not convene until six weeks after the State Convention, and it should be remembered that the sit- uation may change much in that time,” Dr. George A. Moore, president of the Pacific Mutual Life Insurance Company, entertains the highest admiration for Mr. McKinley, but he is not in sympathy with the custom of instructing a delegation to a National Convention. “He said: should say that the State Convention at Sacramento should instruct our delegates to vote for McKinley on the first and per- haps the second ballot. but the pledge shonld not be so bindingas to compel the delegates to vote for him after it became reasonably certain that he could not be nominated. If McKinley is not nomi- nated on the first or the second ballot, the prize will ultimately go to some other can- didate.” Colonel George W. Granniss said: “The delegation from this State should not be pledged toa fixed line of action. Some margin should be left for the delegates to exercise an intelligent judgment formed by the surroundings. The preference of Republicans here seems to be in favor of McKinley as their first choice, and I shounld say that the convention at Sacramento ought to express that preference and ad- vise the delegates to the National Conven- tion to secure his nomination if possible. Beyond that the delegation should not be hampered with instructions.” Major W. O. Gould, past commander of the Loyal Legion of California and a Re- publican from the days of Fremont and Lincoln, expressed a high regard for Mec- Kinley, and said that in his judgment the State Convention at Sacramento ought to give expression to the McKinley senti- ment and advise the delegation to support the Ohio candidate. *‘Yet,” said Major Gould, “the delegates should not be bound by positive pledges to support any candi- date. They should be left free to change if circumstances demanded a change.” Judge F. W. Van Reneygom said: “The delegates to the Republican National Con- vention should not be pledged. The expe- rience of the past in pledging our repre- sentatiyes to support the wrong candidate should not be lost sight of. The delegates which we send to 8t. Louis should be per- mitted to form their own judgment after a careful and intelligent study of the situa- tion. In thatway the State may be placed in line with the nominee of the convention, and thus secure some influence in the next administration of National affairs.” Colonel C. Mason Kinne did not believe in castiron instructions to do one thing and nothing else. ‘“Let us use a military example. Say thata colonel of a regiment was ordered to move in a certain direction and occupy a designated advantageous po- sition. Should he find the direct road ob- structed he certainly would be expected to exercise his judgment and vary from in- structions in order to gain the advantage desired. The delegates at St. Louis should be left free to grasp any fair advantage pre- sented. They should not be tied up to the support of any particular candidate. I see no objection to the principle of advising our delegates by resolution to favor a par- ticular candidate, but the resolution shoutd not be in the form of instruction.” General 8. W. Backus was not in sym- pathy with the idea of sending a delega- tion to St. Louis with a view of trimming and trading to get on the winning side for the purpose of obtaining State favors from the incoming administration. He said: “If several able leaders get on the floor at the Sacramento convention and present in a true light the attitudeof a California delegation going to 8t. Louis to trade and caucus for advantage with the administration at the time when the coun- try and party demand the highest intel- ligence and devotion in behalf of good government, there will be less talk of schemes to get on the winning side. “‘Now, I recognize,” said General Backus, “the strength and popularity of McKin- ley, and feel that a resolution favoring his nomination should be adopted, yet, if I were elected a delegate to the National Counvention and bound with a pledge to support any candidate first, last and all the time, I would decline to serve.” Charles Bassett and Judge Garoutte at the Union League expressed the greatest confidence in the success of McKinley at St. Louis, holding that the Ohio man would be nominated on the first ballot. They thought that the State Convention should instruct for McKinley, holding that half the delegates already elected had been instructed for him as first choice, and very many of the remaining half had an- nounced McKinley as their second choice. Major George Wheaton of the house of Wheaton, Breon & Co, said all of the Re- publicans and many of the Democrats in their wholesale region were out and out for protection. He remarkea: “Wedon't care whether the delegates to St. Louisare instructed or not, so long as they vote for McKinley.” RICHMOND DISTRICT. The Fire Commissioners Have No Funds to Provide Aaditional Fire Protection. The Fire Commissioners met yesterday afternoon and appointed David Harrison and Jerry Sullivan hosemen of engine 28 and John H. McKean hoseman of engine 33. A communication was read from the Point Lobos Improvement Club asking for additional fire protection for the Richmond district. As the Commissioners have no available funds at their disposal it was de- cided to send the communication to the Board of Supervisors. The Commissioners thought the streets in the district were not in_proper condition for fire apparatus to roll over. The Board of Health sent a communica- tion asking that an engine be used for emptying a sheet of water 250 feet wide by 500 feet long in block D, Ocean View dis- trict, as it was a menace to health. The matter was referred to the chief engineer, who will send an engine. WILL HEAR CITIZENS. Judge Murphy Denies That His Doors Are Closed to the Unnaturalized. Judge Murphy indignantly denies that he has ever refused to hear an application for citizenship, or that he has ever done so. He says he has often remained in his courtroom until late at night hearing the applications of those who wished to be heard. Some comments made upon the absence of Judge Murphy’s_court m the list of those which would hear citizenship ap- plications are, according tothe Judge hi. self, erroneous. He says his court is al- ways open to those who wish to be ex- amined for citizenship and that he has never refused to hear an applicant when he presented himself. IMPENDING BEER WA, A Serious Question Raised Over the Reading of a Letter. Cost of Malt and Other Matters Cause a Lack of Harmony in the Association. 1t was the intention of the Brewery Workmen’s Union to begin hostilities against the Brewers’ Protective Associa- tion at once, but cn the strength of infor- mation that reached Secretary Walters of the union, the fizht was deferred until he can make further inquiry relative to the letter sent to the latter body. With a view of settling the old brewery troubles of four years’ standing, he sent & letter to the association on the 20th inst., asking that a committee be appointed to meet a committee from the union. Last Saturday he called upon Secretary Mohr of the association and was told that the letter was simply put on file without dis- cussion or comment. The union upon learning of this consid- ered that the boss brewers intended to be discourteous—in other words to give the union a slap in the face. Then there was a deciaration of renewed war. Yesterday Secretary Walters learned from more than one source that the letter had never been read to the brewers when they held their meeting on Friday. He has reasons to believe that it was not an unintentional oversight or accident, but that there was some unexplained mo- tive for the letter being filea. With a view of learning the exact attitude of the asso- ciation toward the union it was decided not to begin the old tight again untii it is learned that an amicable settlement is im- possible. Walters is all the more con- vinced that there was some mistake, be- cause he has had the personal assurance of a large number of the members of the association that they were not unfriendly to the union and would indorse the ap- pointment of a conference committee. Walters will start out to-day and visit these brewers upon the matter of the letter and why it was tabled. The union will also send similar letters to every brewer in the City asking that he advocate in the meeting a settlement of the differ- ences by conference committees. He be- lieves that this can be done, particularly as the union only asks for recognition and not higher wages or shorter hours for the workmen. This matter has caused no little agita- tion among the brewers themselves, for they realize that a fight with' the union, supported by the other trades unions of the City, would cause a beer-rate war. In the first place there are several breweries outside ~ of the City whose own- ers would be only too glad to take advantage of a boycott to send their product to this City. One is the Buffalo Brewery of Sacramento, which is a union prewery, all its employes being members of Branch 6 of the local unicn. Vallejo, Alameda and Oakland also would send union beer to San Fran- cisco. Some of them are sending beer to this City now; the Sacramento and Vallejo breweries, and Eastern union beer would find a hvelier sale in this market in the event of a fight. The association bosses, however, fear that some of their own members would kick over the traces, 50 to speak, notwith- standing the big cash bonds all the mem- bers are under. From all that can be learned the kest of feeling and conlidence does not exist among the members for several reasons. One is that several brewers have been heavily fined for breaking their obliga- tions to the association by’ trying to take away the patrons of other brewers. Sev- eral of tge fines for this and other offenses have reached as high as $100, which were paid. 3 Another cause for dissatisfaction has its root planted in the Tzeslion of unionism. The commercial malthouses, the Empire, Pioneer, South Park and New York, only pay their workmen from $10 to $14a week, while most of the brewers who make their own malt pay their men from $18 to $20 and some $22 a week. In consequence of cheap labor the malt- houses sell malt to the Anchor, St. Louis, Bavaria, California, American, Union, Broadway, Enterprise, Milwaukee and Columbia breweries, 25 to 30 cents cheaper per 100 pounds than the other breweries can produce it. This gives a profit of from 25 to 30 cents per barrel to those who patronize the malt houses. This inequality in profits in an association that is recognized as 8 pool has caused much discontent. ThLose who make their own malt are em- ploying union men and to make a reduc- tion in their wages would start a strike and a bitter trades-union ftight, which would simply open the docr to outside competition and a game of cut-throat in the way of a beer war. The disaffected members say that by a general recognition of the union the cost of production would Be equalized and a trades-union and cheap beer war avoided. OVER MEXICO'S CRESH, Engineer Killabrow and His Party Climb Heights for Huntington. GOING TO HAVE A NEW ROAD. Will Reach From Durango to Guada- lajara, 500 Miles, and Me\yba to Mazatlan. Samuel Killabrow, chief engineer of lo- cation for the Mexican International Rail- way, owned by C. P. Huntington, who has been surveying different lines over the continental divide of Mexico, is af, the Grand. He is accompanied by Mrs, Killa- brow and is on his way to Guatemala. Engineer Killabrow has during the last year and a half surveyed over a region 1500 miles long. When he was asked last night if it was rough he said: “I reckon it is, when you can’tcarry a wagon and can hardly get throughona burro.” He was trying to get a feasible route from Durango to Guatemala and finally got one located, making the distance be- tween about 500 miles. “Durango is the present terminus of the Mexican International,” said Engineer Killabrow, “and we want to get out where there is a big country and many towns not previously touched by a road. There is a branch road from Irapuato, on the Mexican Central, to Durango. “The towns we will reach by the new line aré Nombredois, a small place; Som- bererete, with 12,000 people, and Chelchi- chuitis, with about 10,000. The two latter are principal places, but of course there are many small town and villages. “The country is composed of valley and mountains. The elevation varies from 6250 feet at Durango to 5150 at Guadala- jara. 1 crossed the continental divide twice. I saw one bonanca, or canyon, 2000 feet deep and but half a mile wide. “There is much good country, despite the roughness. All kinds of fruits grown in California, except prunes, thrive there. My surveying party is now between Du- rango and the Pacific coast. If found feasable we will extend the road also to Mazatlan, 170 miles from Durango.” Mr. Killabrow has been with the lead- ing railroads of Mexico for fourteen years. He was formerly chief engineer of the Mexican Pacitic. It was built by an En- glish syndicate at an expense of several millions and was finally forfeited to Mexico. It was about fiity kilometers long. Engineer Killabrow will sail for Guate- mala to-day. He is going on private busi- ness, he say: Rallroad Commissions to Meet. An anvitation has been raceived by the Cali- fornia State Board of Railroad Commissioners to attend the eighth annual convention of the railroad commissions of the United States, to be held at the office of the Interstate Commerce Commission at Washington, D. C., May 19, 1896. The session promises to be & very in- teresting one to all interested in transporta- tion problems, as at the last meeting com- mittees were appointed to report at this ses- sion on the following subjects: Railway statistics, uniform classification, legislation for the protection of public interests during railway inbor contests. regulation of State and intersiate electric railways; powers, duties and actual work accomplished by the several State railway commissions during the year; Government control and Government regula: tion of railways, safety_appliances, pooling of freights and division of earnings. ARE NOT COUNTER CLAIMS Judge Seawell's D:cision in a People’s Home Bank Case. Debtors May Not Buy Up Passbooks After LiquiZation Proceed- ings Begin. Judge Seawell has decided that a de- posit in a bank under liquidation is not an offset to a debt. Thbe decision was rendered in the suit of Henry Westphal and C. A. Swanberg against. the People’s Home Savings Bank to restrain the bank from selling certain securities for a $40,000 note. On January 21, 1893, Westphal borrowed $40,000 from the People’s Home Bank, executing a promissory note in return and 400 shares oi the Morgan Oyster Company in security. C. O. Swanberg guaranteed the payment of the note. Before April 30, 1894, this note was reduced by the pay- ment of $18,000, On May 1, 1894, proceedings to compel a liquidation of the bank’s affairs were com- menced by the Attorney-General. In the January following the bank was adjudged insolvent. In the meantime, between Feb- ruary 15 and April 30, 1894, Westphal bought up at a count the accounts of a number of persons, aggregating $18,000 or $19,000, and these assigned deposits he wished to be considered as an offset to the balance due on his note. ‘The action just decided was one brought to restrain the bank from selling the stock pledged as security for the note to satisfy the balance due. The plaintiif claims that the relation between depositor and bank was the same as that of debtor and creditor, and that a debtor to the bank for money borrowed, who is also a depositor, has the same right to set off his deposit against his debt as any debtor has to set off a debt due by his creditor to him. Judge Seawell held that a counter claim as an offset was such a claim as could be set up in court by a defendant against a laintiff. A deposit is not such a claim, e says in his opinion, for it is not always capable of being enforced. Deposits must be loaned out or otherwise invested in order to gain interest upon them, and a savings bank only engages to pay de- positors when thgre is money on hand which the directors may not deem neces- sary for dividends or other disbursements. After proceedings were commenced against the bank by the Attorney-General, and after the bank failed, two dividends, each of 2 per cent, were declared and paid bythe directors. This was the extent of estphal’s demand upon the bank, says Judge Seawell, for otherwise his position wouid amount to that of a preferred cred- itor. The money in the hands of a bank in liquidation is for all the depositors, and Judge Seawell holds that no one by pur- chasing at a large discount the accounts of others can set those accounis against the bank up against money due by him which belongs to the depositors in proportionate shares. Had the action been brought be- fore May 1 Westphal might then have recovered the full amount of his deposits as an offset to his debt. Asit was the rroceedingu to compel litigation changed he whole aspect of the case. ——————————— Stole Three Chicken: Jonn Furlong, alias McCluskey, was arrested last evening by Policeman James O’Connor and Special Officer Nelson on the charge of burglary. He isaccused of breaking into a henhouse on Francisco and Kearny streets and stealing three chickens. = THE BARTLETT SPRINGS HAVE THE MERITED REPUTATION OF being one of the WONDERS of the WORLD, and seekers of pleasure and lovers of sightseeing, as well as those in search of HEALTH, will be well paid by visiting them. The Finest Summer Climate fn Cali- fornia. LARGE NEW SWIMMING TANK. A Positive Cure for Rheumatism, Liver, Kidney and Stomach Troubles. TERMS.. $10 TO $15 PER WEEK. Two Routes to the Springs, S. P. Co. and S. F. and N. P. Railway. Address all correspondence to BARTLETT SPRINGS COMPa NY, 22 Fourth street, S. F. PACIFIC CONGRESS SPRINGS. THE LEADING SUMMER and WINTER RESORT IN CALIFORNIA. OCATED IN A CANYON OF THE SANTA Cruz Mountains. convenient to San Jose, amid most enchanting scenery. about 1000 feet above sea level. No f0g, no mosquitoes; all sunuy rooms, with a frontage ot 460 feet south. Large Double Rooms, With Private Bathrooms. PURE SPRING of the celebrated CONGRESS SPRINGS MINERAL WATER of the alkalo- chalybeate class: valuable for table use and dys- pepsia, Jiver and kidney troubles, rhenmatism, gout and cutaneous affections. HOTEL, COTTAGES, NEW NATATORIUM. ALL lighted with electricitv; electric bells, tele- graph and telephone: good stables. RATES, $10'to 815 per week: only Write for particnlars a S. P, . PFETCH, Saratoga, Cal. NPA SODA SPRINGS, California’s 214 hours Famous Mountain HaVE You BEEN THERE LATELY? Spa! 1000 feet above Napa Valley. Climate unsur- passed. Views magnificent. Tabie supplied from orchard and ocean, field and ferm. Hot and cold Napa Soda water baths. Telephone and Postoffice. Burros to ride. Bowling alleys, tennis, croquet, swings and hammocks. New improvements every year. Gas and running water in everv room. Re- iiet for asthmatics. WARM WATER SWIM- MING TANK. Au ideal summer resort. Chil- dren’s paradise: mothers’ delignt; husbands’ rest. pddress ANDREW JACKSON, Napa Soda Springs . 0. TAVERN OF CASTLE CRAG! Queen of All Hountain Resorts. The Tavern of Castle Crag, the most beautiful, attractive and accessible of all mountain resorts, will open for the reception of guests June 1st, and close October 1st, 1896. GEORGE SCHONEWALD, Manager, Room 59, Union Trust Bullding, San Francisco. 0 NOW OPIXIN. Under the Old Management. OTEL AND COTTAGES. ON AUSTIN Creek, In the heart of the Sonoma Redwoods, terminus of N. P. C. R. R, via Sausalito ferry. ‘Train leaves at 1:45. Fine swimming, huntng and tréut fishing. Terms reasonable. For par- ticulars address C. F. BURNS, Proprietor, Cazadero. Cal, HARBIN HOT SULPHUR SPRINGS, Lake County, Cal. THE FAVORITE SUMMER AND WIN- TER RESORT. ANDSOME NEW HOTEL; LARGE AND commodious rooms; large new dining-room: everything newly furnished throughout the hotei and cottages. Stage deily from Calistoga to springs: ronnd-trip ticket at Southern Pacific office, $8. Fine fishing and hunting. Address J. A. HAYS, Proprietor. HOT SPRINGS, Sonoma County, only 415 hours from San Francisco; but 9 miles stagiug: pew road through canyon; new stages; sanitary plumbing; natural temperature of water 130° Fabr. of wonderful curative properties; no fogs or disa- greeable winds: mosquiio and’ other anng nsects unknown. Taxe Tiburon ferry at 7:30 A M. 0r 3:30 P. M. Round-trip ticket only $5.50. Telephone and telegraph, daily mail and express. Rates $12 a week;; baths free. J. F. MULGREW, Proprietor. HIGHLAND SPRINGS, On the Border of Clear Lake, LAEKE COUNTY, CAL. O YOU ENJOY A SUPERB CLIMATE, dancing, lawn tennis, croquet, billiards? Do you like fine bathing, boating, hunting and fishing? Do you need recuperation and rest afforded by over thirty kinds of mineral springs? Shortest stage Toute into Lake County. Al this “and more” can be had at Highland prin, New hotel, Francisco. From Finest dining-room north of San an_Francisco it costs only %8 for the nd the hotel rates are $1 50 to 32 50 10 10 $16 per week. Take the S. F. P. Railway via Pieta, thence by a short de- lighttul stage ride. . CRAIG, Manager. San Francisco office, 316 Moutgomery st. YOUR VAGATION! Where Shall You Spend It ? Go where monotony is impossible, where you may mingle with the light- hearted social throng, or bask in the sun- shine by the surging sea, or stroll under the shade of the majestic redwoods! THE SEA BEACH HOTEL, SANTA CRUZ, Cal., Now under the provrietorship of MR. JOHN R. CHACE, offers all these oppor- tunities. * It is the ideal health and pleas- ure resort, nestling in a very bower of loveliness. For further information ad- dress J. R. CHACE, Proprietor Sea Beach Hotel. SANTA CATALINA ISLAND. Augmented Attractions for Season 1896. JTNEXCELLED FISHING, DELIGHTFUL coast excurs ons, tally-ho staging, wild goat Lunting, bathing, boating, horseback riding, dan- cing, pyrotechnic displays, water carnivals, grand concerts every day after June 6. Popular Hotel Metropote now open, Island Villa in July, For tull information, illustrated pamphlets and Tates, apply WILMINGTON TRANSPORTATION CO., 222 South Spring st., Los Angeles, Cal. SODA BAY HOTEL. ODA BAY, SITUATED ON CLEAR LAKE, is most picturesque, Soda Spring is famous for the vast volume of delicions soda water which it throws out daily, amounting to over 1,000, gallons. Hunting, fishing, boatinz and swimming are unsurpassed anywhere. A fine bar has jusi been opened. The table is supplied with the very best the market affords, and the comfort and wel- fare of all guesis carefully looked after. Fres camping grounds. A coach will connect with the dally stage from Pleta and Highland Springs, Adams, Seigler, Blue Lakes and =aratoga. Fars from San Francisco, $5 50; round trip, $10. Spe- ciai rates for families. G. B. WYA'TT, proprietor, Bay. Keiseyville, Lake County, Cal. DUNCAN SPRINGS HOTEL, Hopland, Mendocino County, Cal., WILLOPENIMAYIL HIS NEW 3-STORY, HARD- FINISHED HO- tel is located 2 miles from Hopland station, on the line of S. ¥. & N. P. R. R. The hotei s bullt on a knoll, 250 feet above the vaflay and 1000 feet above sea-level. There are seversl furnished cot- tages; also fine Electric and Magnesia Eaths. Amusements: Billiards, Lawn-Teanis, Croguet, Shuffle-Boards. Fine walks to Duncan Peak, 2200 feet. Beautiful view. 0. HOWELL, Proprietor. Board, $10 to $12 Per Week. SEIGLER SPRINGS, L. K% COUNTY. OPULAR HEALTH RESORT. OPEN THE Free Bus. year round. Telephone connections. Round- trip tickets at Southern Pacific offices, $10: special conveyance daily. For information address JOHN SPAULDING, Seigler Springs, INWOOD FARM. AN'IDEAL SUMMER HOME, For particuiars and terms address FRIED N. SHELD) HOTEL DE THORNTON, POTTER VALLEY. FIRST-CLASS EVERY RESPECT. R. E. RADE PROPRIETOR. Rates, 87 per week. Hath nnd all modern con- veniences in connection with Hotel. A. B. McMATEDS. F YOU WANT TO HAVE A GOOD TIME hunting and fishing where game of all kinas is plentiful, take the S. F. and N. P. R. R. to Ukiah, Berryhill stage to Potter Valley, McMath’s stage to Hullyille. P. O. address, Hullville, Lake Co. Cal. GLENBROQK THE MOST CHARMING RE- Fine scenery, hunting and 1fishing; excellent table, For circulars and further nformation adaress 0. W. R. TREDWAY, Proprietor, Glenbrook, Lake County, Cal. S ONE OF sorts in the State. CANP TAYLOR, HOTEL AZALEA, Tocaloma, Bertrand’s Hotel, Iarin Co., Cal. IRST - CLASS ACCOMMODATIO DE- lightful climate for camping; dancing pavilion, croguet and lawn tennis; fine trout fishing, bath® ing and swimming; splendid drives to Bear Val- ley; postoffice, express, telegraph and livery at both hotels: térms §8 and $12 per week. VICTOK W. KRAUSS, Manager. JOS, F. BERTRAND, Pm?newn City office, 112 Taylor st., Fridays, 20 4 P. . LYTTON SFRINGS, SONOMA COUNTY. N IDEAL PLACK FOR HEALTH. REST AND PLEASURE: no stagin; station. The only wenuine Seltzer Sprl United States anl the celebrated Lytion Geyser Soda Springs. Wonderful curative properties. Table first-class. Send for circuiars. EL BONITO HOTEL OW OPEN TG TOURISTS FOR THE season: salt and fresh water bathing, hunting, fishing and boating; redwood grove, etc.: terms reasonable. G. W, MORGAN, Duncans Mills, Sonoma Co.,Cal. FOR A SUMMER OUTING. OR RENT FROM JUNE 1--NEW COTTAGE, beafitiful loca: tion; 2 miles from Glen Ellen; $40. . A\eley to GBO. G. CLARK, Office Welis, Fargo & Co., City. OR THE SUMMER, OR 1,2 OR 8 YEARS— urnished house of 14 rooms’ bath; 8 minutes’ from Berkeley station. Apply on premises, 2318 Aliston way, cor. Chapel si.,opposite Univer- sity grounds. AUREL DELL HOTEL, ON LAUREL DELL Lake (formeriy Lower Blue Lake)—This pop- ular resort opens to the public for the coming sea- son with many improved facilities for entertaining pleasare-seekers: boating and bathing free; no pains will be spared to provide & good table; térms $8 to $12 per week; route S. F. and N, P. Railway; through fare $5: round trip $9 50. Address L. W AMBOLD, Prop., Berthu P. 0., Lake County,Cal, OLID COMFORT HOME RESORT—11 MILES from Napa City, on Mount Veder; elevation 1500 feet: mongtain spring water: fine scenery: healthiest climate: positive cure for asthma; board and room $8 per week; open to 1s: of Janu- ary ; fare from Napa City $1 50 via Pheenix Livery Stable, Address MRS.’A. F. ALL pa City. JARATOGA SPRINGS, LAKE COUNTY, CAL. —The most beautiful summer resort in the State: 8 ‘different springs; sulphur, soda, iron, magnesia, selizer, etc.; good fishing and hunting; accommodations firsi-class; rates $10 per week and upward: table unexcelled; bard-finished rooms en suite and cottages. Address J. MAR- TENS, Bacheior Pos office, Lake County, Cal. BLUE, LAKES PLEASURE RESORT—NEW hotel, now open; many new improvements for the entertainment of the guests: the pavilion builg over the water; & naphthalaunch, ete. good fishing and hunting, ' Address CARL MEYER, Bertha P. 0., Lake Co. Do not address Blue Lakes, MATEO COUNTY, T BELMONT, SAN board for summer months; private family: Deautiful grounds; large rooms: 3 minutes from station; 1 hour fm city. MRS. HANSEN, Belmony NEURALGIA, SORE THROAT, SORE EYES, SPRAINS AND BRUISES QUICKLY RELIEVED AND CURED BY MITCHELL’S MAGIC LOTION. It Never Fails to Relieve. Can’t Hurt a Child. Costs 25 Cents to Try It. Any Druggist Will Get It for Yow. Study the Directions.