The San Francisco Call. Newspaper, May 6, 1896, Page 13

ANKIOUS FOR A WEALTHY WiDaw, A Priest Said to Have Stopped a Berkeley Marriage. MANY REASONS GIVEN. The Groom Told a Remarkable Story to an Oakland Lawyer. OFFERED MONEY FOR A WIFE. Difference of Religion Not the Only Explanation That Is Offered. OARLAND OrrIcE 8AN FRANCISCO CALL, 908 Broadway, May 5. } There was to have been a marriage in Berkeley last night, but it did not take place, and there are several reasons given why the knot was not tied. According to the story told by an Oak- land attorney, the would-be groom, Henry Bentley, is a confirmed seeker after wealthy widows, and has met with much success in the past, ‘‘About a year ago,’’ said the attorney, “I was eating in & San Francisco restaur- ant and Bentley spoke to me. After learn- ing that I was from Oakland, he said that he, too, lived over here and would like to marry some elderly lady. He said that he had once married an elderly widow in the northern part of the State and bad inherited from her a fortune of many thousands of dollurs, He told me his graduated scale of values. ‘If the widow only had $15,000 she must not be over 30 years of age; if she has $100,000 I don’s care how old she is,” “Becoming interested in the man, I continued the conversation, and men- tioned that I had some relatives in Peta- luma. He then said that he would give any lady friend of mine some splendid diamonds if she would introduce him to an aged widow and a marriaze should fol- low. He finally left with me his postoffice address, and for a few weeks I induced some of my lady friends tz write to him, and they had considernble fun, as he always laid particular stress on the money proposition. If he was to lend his name to old age he wanted recompense for it. The man weni off and I did not see him again till yesterday. ‘‘He came into the County Clerk’s office while I was there and took out a marriage license. I was considerably inierested to know who the lady was, and I was in- formed that she was a wealthy widow. I know no more about him.” Mrs. H. Townsend, the lad Bentley wishes to wed, isa res Berkeley and a widow with means. In fact,"she is thought to be moderately wealthy. The wedding was to have taken place last night, but there was a hitch. Mrs. Townsend was asked to-day why the ceremony did not take place. ‘‘Well, it was partly because of a difference of religion,” she said. *I am a Catholic and Mr. Bentley is a Protestant and Kev. Father Philips of St. Joseph’s Chuich refused to marry us. We expect to get married soon, however, and it is nobody’s business what we do or how we do it.” The marriage has been kept a profound secret and even Mrs. Townsend's neigh- ‘bors bad not heard of it till they learned that a license had been issued. A MISUNDERSTANDING. It Caused Some Well-Known Citizens to Go Off on a Tangent. OAKLAND, Carn, May 5.— Mayor Davie, James McManus, brother of the ing,” and John Allman had a very inter- esting argument over the A. P. A. ques- tion last night in Kent's saloon on Twelfth street. There was a wide differs ence of opinion on the subject. According to McManus’ version Allman came up behind him and without warning struck him a blow in the face, knockin, him to the floor. He was up and at All- man, but friends separated them for the time. But the insult had to be avenged, and shortly after on the street McManus attacked Allman and used him up badly. The capitalist was finally rescued by > {pend! and taken to a drugstore for atten- ion. The Mayor beat a hasty retreat at the first alarm and viewed the fracas from the shelter of a store across the street. To-day he denied knowing anything of the affair. New Exchange Directors, OAKLAND, CAL., May 5.—The annual election of the Merchants’ Exchange was held to-day. The polls closed at 10 o’clock and the following twentv-two names re- ceived the greates: number of votes and were declarea elected: George W. Arper, H. A. Bowen, D. C. Brown, R. J. Boyer, John A. Britton, J. L. Champlin, H. D. Cushing, F. M. Farwell, George I. Fish, Herman Gard, Theo Gier, Frank C. Howe, C. W. Hunt, Walier Meese, W. I. Reed, Fred Sinclair, J. F. W. Sohst, H. tum Suden, W. V. Witcher, J. 8. Wixon. George T. Burtchaell, H. C. Coward and A. H. Rott tied for the twenty-second di- rector and the remainder will decide the tie. Truman Allen’s Funeral. OAKLAND, Car.,, May 5.—The funeral of Colonel Truman Allen was held from his late residence in Fruitvaie at 2 o'clock Monday afternoon, and was attended by members of the G. A. R., of the Oakland of the A. 0. U. W. and of the The pall bearers were chosen from the above three orders. The interment was at Mountain View ceme- tery and a salute was fired over his grave. Schmidt's Bad Boy. OAKLAND, Can, May 5—Abraham Schmidt, the father of Louis Schmidt, wants his boy sent to the reform school, The lad is about 18, but is deformea and has become unmanageable. Recently he threatened to shoot his father. He has been given considerable notoriety by claiming to bave perjured himself at the inguest of little May Quiil who was killed at Berkeley in December. He has borne a very bard reputation in this city for years. HISTORY OF A DAY. Alameda County Happenings Told in Brief Chapters. OAKLAND OFFICE BAN FRANCISCO CALL, 908 Broadway, May 5. ( It is reported thata big syndicate is bein; _orEnnlz(d in’ Oakland o enter the under: “taking busincss, James Nelson had his hand mashed atthe coal-bunker on Franklin street to-day by a lump of coal fallivg upon it. Th? Gnll’\‘d Jury w!n;s h,x session to-day, con- tinning e investigation of the arges ugainst Auditar M. A, Whidden, ¢ Julin Paschol has been granted a decree of divorce from Q. Pashoid on a cross-complaint, -with §50 counsel fees and #7 a week alimony. The remains of the tramp killed gt First and Main streets by the Alameda local train lass night were identified this morning as those of “Tom” Williams. Rose Hartwick Thorpe, author of “Curfew Must Not Ring To-night,’ and E. Carson T.horg_efi humorist, will give an authors’ re- cital Thursday evening. The legal time for filing protests to the open- ing of Seventeenth uraetpm the water front hus now expired, and the proceedings have not met with any opposition. Snurdufi morning the First Hebrew congre- gation will hold memorial services in memory of the late Baron Hirsch. Rabbi Friedlander Will deliver an address on the life of the Jew- ish philanthropist. A petition for the distribution of the estate of the late Supervisor J. C. Plunkett has been filed. The estate has been appraised at £20,000, and consists of the homestead in East Oakland and 160 acres in Fresno County. The annual meeting of the Oakland Society for the Prevention of Cruelty to Animals is to be held to-morrow evening at 7:30 o'clock at the office, 309 and 310 Central Bank building, when & board of directors will be elected. The Supreme Council of the Portuguese Union has applied to be allowed to pay a bene- ficlary certificate in the sum of $1200 on An- tonio J. Alves, deccased, into court, and Jet the claimants there settle their separate in- terests. The Rural Mining Company has been incor- porated with & capital Stock of 200,000, of which $500 has been subscribed by Frank Ench, Mznuel Page, George E. de Golia D. C. de Golia and George Chase, who are the board of directors. Waldo Wakeman Curtis, the lad who disap- peared from his Fruiivale home a year ago, is on his way back to Oakland. His parents have received @ letter from him, written from El Paso, stating that he is alive and well and will be home in a few days. Rev. Campbell Coyle and C. A. Bailey start East Friday evening to represent the First Presbyterian Church at the General Assembly, which meets in Saratoga this month. Mr. Bai- ley is to be accompanied by his wife and daughter, and expects to be gone about six weeks. M. J. Laymance, chairman of the Democratic County Central Committee, has issued acall for a meeting Saturday, May 16, at8 .., at Judge Clifvs office, at which time the date for election of thirty-five delegates to the Demo- cratic State Convention to be held in Sacra- mento June 16 will be set. KANT AND IS THEORIES Dr. John Watson's Lecture on the Great Philoso- pher. Second of the Series of Addresses Be- fore the Philosophical Union at Berkeley., BERKELEY, Carn, May 5.—Dr. John Watson gave the second of his series of five lectures before the Philosophical Union of the State University this even- ing at the new Firs: Presbyterian Church. The lecture was practically a continuation of the discourse commenced last evening. The subject for to-night, as Dr. Watson announced it, was, ‘‘Critical philosophy and absolute idealism, a discussion of the main features of the philosophy of Kant in its relation to the subsequent develop- ment of philosophical thought.” “‘One characteristic of Kant,” said he, ‘45 that he takes the negative side in which he adheres to agnosticism. The doctrine of space of time which Kant treats is bound up with the phenomena of the ag- nostic. All objects that present themselves under the form of space and time are phenomenal. Kant, like his predecessors, stated with confidence that the work of nature is under an independent law. On the other hand, it seemed to him to suy that man is only a part of nature 1s only to deny freedom, and therefore morality, and to say that there is no knowledee is to deny the existence of God and to destroy the foundation of religion. Liebnitz es- caped from the necessity of nature by re- ducing the world of experience to confused conscience. All real existence was in his view self-determined. It was the view of Liebnitz that no real existence acts on an- other. “‘When the action of one is due to the action of the other the fact is that there is the greatest of barmony between them. Kant does not deny that there is a world of self-action, but ne does deny that you cannot bring those beings in it within the world of experience. The first form of the Eroblem of Enuwledz,e which is presented ¥ Kant is not to show that we do bave knowledge, but to express how we can have knowledge, not merely of particular facts, but knowledge of the laws of nature. Kant maintains that space and time must be carefully distinguished from subjects in space and time. Therefore space and time are necessary conditions of our per- ception. Bpace and time are not concep- tions but perceptions. Remove the con- sciousness of externality and no other con- sciousness is possible. A second doctrine of Kant is of value in drawing a process of knowledze and of differentiation, which are relative to an ideal unity. The process of knowledge is one of differentiating and distinguishing. Kant’s doctrine implies that the process of development of nEjecls isnot the ulti- mate determination.” The speaker went on to compare his views with those of Kant and of Lieb- nitz wherein he acreed with them and wherein he disagreed. His discourse was of an hour and a half's duration. To-morrow evening he will speak at Stiles Hall, taking for his topic ‘A De- fense of Intellectual Idealism.” On Thursday evening the same topic will be continued at the same hall, At these lectures he will reply to criticisms which have been made on his work of “‘Compte, Mill and Spencer,” which work the union has been re WILL BE CLOSED. The Vandercook Electric Line Ordered to Abandon the Eighth-Street Bridge. OAKLAND, CaL,, May 5.—The refusal of the Mayor to sanction more than a dollar tax levy is now being felt in more ways than one. The lack of funds to rebuild the Eighth-street bridge over the estuary has caused the Council to pass the follow- mng: WHEREAS, The Eighth-street bridge isin a dan- gerous condition for travel, and it is necessary to repair the same, Theretore, the Superintendent of Streets is hereby authorized toclose up that portion of said bridge not occupled by the street railrond track at each end of said bridge, and to p 'st a notice thereon warning all pérsons against going upon said b idge; And furiher to notify the receiver of said street railway to close up the portion ot said bridge occupied by said sireet railway tracks. It the order is carried out it will prevent the Vandercook electric roud from coming down to town, and thus keep them from doing nng business. The bridge is safe as fat as the cars are concerned, but the planking is so worn as to be unsafe for teams. MARTINELLI RELEASED. ‘Was Bailed Out With Money Deposited by His ¥Father Years Ago. OAKLAND, CarL., May 5.—Eugene Mar- tinelli, the hunchback groom who is under arrest for perjury, has been released on $500 cash bond advanced by his attorney, Alexander Campbell. z 3 L The bail money was secured in a some- what peculiar manner. The father of Martinelli, now deceased, in 1872 depos- ited in an Oakland bank $52. No notice was taken of the deposit until a few days ago, when a bank clerk notified Mr, Campbell of the deposit, which had grown to over $500. The attorney drew the money and secured the release of his client, whom he has known since child- hood. The young man has many friends. He stands well in the community, and as the charge of perjury is merely technical, 1t is deemed almost certain that he will be acquitted. THE SAN FRANCISCO CALL, WEDNESDAY, MAY 6, 1896 BROWNSON WILL SUCCEED MORSE. Election of a President for the California Baptist College. WESTERN MAN CALLED. Has Bcen for Nine Years at McMinaville College in Oregon. PRESIDENT MORSE RESIGNS, The Retiring Head of the Faculty Has Completed Ten Years of Service. OAKRLAND OFEICE SAN FRANCISCO CALL, 908 Broadway, May 5. } The trustees of California College at Highland Park, East Oakland, have se- lected Rev. T. G. Brownson, A.M., presi- dent of McMinnville College at McMinn- ville, Or., as a successor to Rev. 8. B. Morse, D.D., president of the Baptist in- stitution in this city. The board met this afternoon at Y. M. C. A. Hall and considered college matters for three hours. President Morse, who retires June 30, after ten years’ service in building up the college, presented his resignation some three months ago, and since that time the board has been looking for a successor. There were numerous names presented to them of mén from many parts of the coun- try by their admirers, who believed their man would be just the one for the posi- tion. Up to this morning, however, the committee had not agreed upon a report. When they met to-day and compared notes it was not long before the sentiment for a Western man showed itself, and then the choice fell upen Rev. Mr, Brownsen, whowas considered as being the most repre- sentative man of the denomination avail- able. The report when presented to the board meeting was indorsed unanimously. Rev. Mr. Brownson will be notitied to- morrow by telegraph and if he accepts the position it is expected he will be here for commencement, May 21. Rev. Mr. Brownson is a very tall man of large frame and is about 45 years of age. He was educated at Colgate University in New York and took the degree of bachelor of divinity at the Chicago University when it was Morgan Park Theological Semi- nary. He came West in 1883 as pastor of the First Baptist Church of Albany, Or., where he remained four years. At that time McMinnville College needed a presi- dent and he was selected as the most avail- able man for the position. From the start he showed himself the man for the place, and for nine years he has conducted that school. He has trave eled up and down the coast extensively during that time and is known to many throughout this State. He has no family except a wife, who is quite a scholar her- self. She also has been offered a place in the faculty of the coliege. She is a teacher of considerable ability and will be a val- uable addition to the school. At Rev. Mr. Brownson’s graduation he was chosen as the prize essayist of his class. Recently he won a prize by writing the best essay on the subject ‘““Christian Education,” that had been offered by the National Baptist Educational Society. As Rev. Mr. Brownson was a willing candidate there is said to be no doubt about his acceptanc ARE NOT GOING ~EAST Berkeley's Athletes Have Not Funds Enough for the Trip. The Poor Showing Made Does Not Justify Further Scheming in the Matter. BERKELEY, CAn, May 5.—The ques- tion as to whether the University of Cali- fornia track athletic team will go East this summer seems to be weighing in the balance. It has been practically decided, however, that the entire team will not go, both on account of the lack of funds and on account of the fact that the athletes have not made as favorable a showing as was anticipated at the opening of the season. Four or five men may yet be sent to con- test at the Mott-Haven and in the Western intercollegiate games at Chicago. Torrey, the hurdler, has finally decided not to go should the team leave, because of certain summer work collecting biological specimens which he has been required to do by the department in which he isan assistant. Are All Wanting Money. BERKELEY, May 5.—Empty purses and anxious butchers and grocers are plentiful in Berkeley again owing to the tardiness of the Governor in sending the monthly salary vouchers to the university em- p]'n?'es. he salaries of the Berkeley professors come a week or so late about every so often. The checks are supposed to ar- rive from SBacramento on the first day of each month, and are to be had immedi- ately upon being countersigned by Secre- tary Bonte. 5 But they are late again,as they were three months ago, and the grave instruct- ors are wondering what is the matter this time. **We will be without shoe leather and without bread,” said one of the rising in- structors this afternoon, “if we don’t get our money prel!t‘y soon. I had to stand my landlady off yesterday, and here to- day again I had to tell the tailor to wait a few aays longer for his money. It isn’t the most fun in the world to stand these peaple off all the time. “They want their money the month, upeui-u{ business on a small scale. If you tell them that Zour salary voucher has not come they think you are running a long- distance jolly on them.’" Jimmie, the janitor, was heard to retort, upon having been asked his opinion about the salary question: “Oh, I guess Jim Budd bas been off to some of these South- ern California flower shows or something of the kind and is late about his work, He oughter know by this time that we ain’t made o’ money down here, and that we notice it when our pay comes I; L] In all 170 State University employes re- ceive their salaries through gemury at the end of if they are doin, Bonte each month, the total amount ag- gregating $18,000. The salaries range all the way from $45 8 month, paid to the lowest-salaried janitor, to that of Presi- dent Kellogg, which is $666 66 2-3, or $8000 a year. Stanford Dissatisfled. BERKELEY, CAL., May 5.—A good deal of discussion has been aroused in college circles recentli by an editorial which has been published in the Stanford University daily in regard to the recent intercollegiate debate. The editorial referred to intimates that a fair discussion was not rendered. The editorial referred to has been pasted on oneof the university bulletin boards within sight of all the students. Follow- ing is the main paragraph: That adage which makes langhter akin to tears received confirmation Saiurday, when following the track victory Stanford was given an adverse decision in_the intercollegiate de- bate. There is no cause whatever for com- plaint in regard to our men. They made a showing we may all feel proud of and haa the decision been rendered fairly on weight of argument and facts advanced, Stanford would havebeen the victor. It must not be forgotten, however, that the language. used, the appear- ance and grace of the speakers and evidentl the method of parting the hair. have mucz weight with many decisions. In the latter requisites we musi sdmit that Berkeley had the advantage. Her trio was strong and made their points clearly; their arguments were specious and plausible, ours were substantial and logical. Reunion of Alumni. BERKELEY, Car., May 5—The tradi- tional and time-honored custom among the great institutions of learning in the land, and a custom which was once in vogue at Berkeley gthat of setting aside one day in the year during commence- ment week, will be renewed this year at the State University. For a time, during the early period of the existence of the State institution, the custom was observed, but, owing to the scattered condition of the alumni and the consequent difficulty of getting a great number together on that occasion, the system gradually died out. Now that Berkeley has 1000 alumni, a large number of whom are living in the towns about the bay and in comparative accessibility to the grounds, the plan of having an annual celebration among the graduates will be given a new lease of life. President Morrison, Secretary Hengstler and the board of directors are domng all in their power to make the renewal of the custom & grand success. The reunion will take place on commencement day, May 13, at Berkeley. High School Debaters, BERKELEY, CaL., May 5—The Berke- ley High School debating forum has elect~ ed new officers for the coming two months, as follows: President, Kennedy; vice- president, Hunter; secretary, Bell; treas- urer, White; sergeant-at-arms, Hamlin. Preliminary debates are being held to determine who will represent the fornm on graduation day. Among the candidates are Messrs. Parker, Kierulff, Dickerson, Parks, Miss Henley, Miss Dewing, Miss Dobbins, Miss Henan, Miss Manstield and Miss Thompson. A CHILDREN’S DAY. The Electric Line to Laundry Farm Wants to Celebrate Its Opening. ALAMEDA, Car., May 5.—The Board of Education held its regular meeting this evening. The superintendent reported that he had appointed Miss Josephine Chapman as substituie of Miss Florence Hamilton, teacher of English in the High School. J. H. Young, a representative of the Laundry Farm Electric Railroad, asked the board to declare a school holiday on the opening day of the road, some time in the early part of June. The road, which | has been transformed from a steam to an clectric line, is nearly completed, and the day is to be made a *‘children’s day,” with transportation to and from aundry Farm, the iare for caiidren to be 15 cents. The matter was referred to the classifi- cation committee and the superintendent. Library Trustees. ALAMEDA, CaL., May 5.—The regular meeting of the library ‘trustees was held in the library rooms’ this evening. Ac- counts to the amount of $698 were passed for payment. The lbrarian’s Treport showed that 11,023 books were issued dur- ing the month ot April. Average for ti tion 49.8, juvenile 17.1, other classes 33.1; received for fines $4 45. Eighty-four new members were enrolled during ‘the month and eighty-seven new books placed on the suelves. It wasdecided to pay the City Trustees for the electric light used by the library less the amount of gas biils for gas | used until the electric lightsare turned on. A Question of Law. ALAMEDA, Can, May 5.—Buit was brougnt in the Recorder’s Court to-day by John Goldstone to recover §25 20 from the Home Security Building and Loan Associ- ation, Oakiand. It appears Golustone purchased a piece of property from L. Egert, and it was incumbered with mortgage of $1025 in favor of the assos tion. The mortgage was released, but the taxes were not paid oy either Egert or the association. Goldstone subsequently had 10 pay the same, and be is now suing the association for a refund. For Auld Lang Syne. ALAMEDA, CaL, May 5.—J. C. Jewett, first sergeant of dompany G, who will leave to-morrow for Boston, Mass., was [vresented last night by his comrades with a handsome morocco-cased album con- taining the pictures of the entire com- pany. A. F. St. Sure made the presenta- ton in a happy manner. Later in the evening Captain Chipman presented Mr. Jewelt with a gola locket, suitably in- scribed, on behalf of the company. Company G’s Smail Line. ALAMEDA, CaL., May 5.—Orders had been issued for a battalion drill in Qakland last night, and Company G responded to the call with eleven men, all told. This is a clear indication that the division of opinion existing in the company is as far from a settlement as ever, A. K. P. HARMON’S WILL. Filed In the County Clerk’'s Office This Afternoon by the Executors. OAKLAND, CAn, May 5.—The will of tbe late A. K. P. Harmon was to-day filed for probate in the County Clerk’s office by the executors, Albion K. P. Harmon Jr. and George C. Edwards. The deceased left real esiate in Alameda County to the amount of §100,000, real estate in the City and County of San Francisco valued at $75,000 and personal property, consisting of bonds, stocks, promissory notes, househola furniture, etc., amounting to $125,000, making the value of the estate $300,000, The will was made on May 23, 1895, in Mr. Harmon's own handwriting. The Leirs are Marietts Harmon Edwards, Elizabeth D. Harmon, A. K. P. Harmon ! Jr. and Cotonel George C. Edwards of Oak- land, and Eliza Lang Perkins of Colfax, Placer County, California. NOW A DIVORCE. Bidleman Wants a Separation From Her Husband, Who Is in Jail. OAKLAND, Can, May 5.—Adelaide Bidleman has brought suit for a divorce from Enoch J. Bidleman. The respondent is the late bookkeeper for E. Martin & Co., the Ban Francisco liquor merchants. He lived near Lake Merritt in a beautiful home and was looked upon as one of the most solid of Oakland’s tizens. About three years ago he took a sudden trip to Mexico, and after he was gone it was discovered that e had stolen about $25,000 of his employers’ money and that the thefts extended over many years. Bidleman was arrested as soon as he land- ed at San Jose de Guatemala, and was bm‘ht back. He is now servin, te; years' sentence at San Quentin. o e Mrs. No children have been born to any American President in the White House, 13 GARBER'S STRONG EFFORT Talks Exhaustively on the In- validity of the Central ' Pacific Lease. POWER OF STATE GOVERNMENT Right of the Commissioners to Inquire Into the Validity of the Lease Disputed. Ex-Judge John Garber argued the rail- road side of the intervention suit brought by the Government against the Railroad Commissioners before Judge McKenna yesterday. He spoke as follows: “The first contention to which I propose to address myself is the invalidity of the lease of the Central Pacific to the com- plainants. There are many cases cited to support this ground, but I think in every such case the courts decided tnat when the corporation had no power, either by charter or by general laws constituting their charters, the courts defined the limit and authority to execute or rescind a lease. *I think your Honor will find this isa fair statement of the cases decided. In some case the question came in an action to enforce the lease. In others to rescind the lease. In neither case would the court lend its power to help either party. In some cases the court gave as an additional reason that the attempted lease was con- trary to the public policy. True, in man: of these cases there are expressions whic! go beyoud this, but your Honor is bound only by those findings which were neces- sary to a decision of the court. “As I said before, there is given another reason why the lease was held invalid— contrary to public policy. But in none of the cases has it any other meaning than that the sovereign has not seen fit to give the power to lease, and it cannot, there- fore be ussnmed or exercised by the creat- ure. “When the Government of the United States, stepping down from its high place, contracted with and dealt with this corpo- ration, it did so with express reference to the laws of California.”” *‘Where there is nodirect authority it was argued the lease can be attacked in any collateral ;:n'o(‘.eedinii In this Idisagree with Judge Hayne. He saw plainly enough that that principie would not avail him, for he could not say that in this case there was an_ entire absence of authority. The Eentral Pacific had the power by its char- ter to build this road within the State, and to exercise all the powers of a railroad cor- poration. Therefore he goes into the sub- Ject of public policy. Against what public policy ? Why is it contrary to public policy that a corporation which nas no power to make a lease does make & lease? What is it more than a breach of contract? Is the policy of the United States a different policy from that of the State of Cali- fornia? Why should the State of Cali- fornia concern? *‘Suppose that in every way the Govern- ment recognizes the law valid. Can it be tnat everybody else can step in and object? No one else can be interested. The Trail- road has a right to run the road according to the laws of California. It owes allegi- ance to California. What comes in cannot be public policy. So far as the United States is concerned it isn’t acting as a Gov- ernment which lays down laws and equit- 1es, in this Pacific railroad matter. It is acting simply as a contracting party look- ing after its own interests. “Even in the case where the lease is against public policy in the sense in which they use that term, the court will not dis- turb the property. The Government of the United States has recognized this lease of the Central Pacific. By the act of 1888 the Government enacted with a full knowledgeof these leases thatall the roads under these leuses must run their tele- craph wires in a certain way. “The Government did not simply say that whoever was running the roads should be liable to certain obligations. It im- poses positive and affirmative duties upon the lessees, recognizing them as such. Throughout that act with painstaking care distinction is made between the orig- inaily aided persons and those running the roads who were not the originally aided parties. So I say that so long as the Government continues to treat with these lessees it cannot be in the mouth of some third parties to set up the rights of the United States. “What powers has this Central Pacific Company in this State? It has the right to operate that road under the iranchise granted it by the State of California. Sup- ose Congress wiped out aliacts? What Sid the road 1get from Congress? Itgot some bonds. It gotsome land, but it got no incorporeal rights. Why cannot the Central Pacific operate that road under its charter from California? “‘Suppose the road disincorporated under the iaws of California, where would the title be? Would itnot bein the California successors of that corporation? How can the United States say to the State of Cali- fornia you cannot pass any law limiting alienation of this road without the con- sent of this Government when it has by its own act placed the entire question of the corporate powers of the road within the State’s own volition. “I say the Commissioners haye no right to inquire into the validity of the lease. It would be a strange thing if the Com- missioners, in regulating the question of rates, could go into the various questions of the validity of leases, ultra vires, and public policy. The constitution says this commission shall regulate the rates of all railroad companies, 1t says this company is guilty of extortion in the business it is carrying on. How can the commission proceed one single step in fixing reason- able rates unless they consider the entire road? ““The constitution never gave any com- mission the right to act in rem on a par- ticular piece of road. It says you find the company and act on it. They can't act on some one who ought to be running this road but is not. That question is for an- other department of government.’” At this point Judee McKenna inter- rupted to ask the speaker if in such a cass | as that presented by the Southern Pacific of Kentucky, which controlled both the Cen tral Pacitic and the Southern Pacific of California, the company would have a right to demand consideration of both roads as one system in the regulation of rates. Mr. Garber replied: “It is a simple uestion of fact. What is the whole thing? Vhat is the connection? The Southern Pacific of California and_the Svuthern Pa- cific constitute one indivisible whole. They join each other and the trains of one ran over the tracks of the other.”” Continuing, be said: “The Railroad Commission and the laws of California take no account of the ownership ot these roads. The question they are concerned with is the use they are making of it. It would make no difference how the prop- erty was acquired. If it was stolen the commission has no right to look into these matters. Because I have got a piece of roperty wrongiully, is the State of Cali- R)rml going to rob me ofit? That posi- tion puts the State of California in the po- sition of a robber and its counsel in the position of defending robbery. _ Attorney Hayne took exception to this statement, and Mr. Garber explained that he did not intend the remarks as per- sonal, but was simply following his argu- ment to its logical conclusion. After an ineffectual attempt of coun- gel to hit upon a satisfactory defi- nition of a unified nll!u{ system adjourn- ment was had until this morning at 10 o’clock, when Mr. Garber will continue. Alamedans Are in Line. ALAMEDA, CaL., May 5.—The Young HAuction Bales ADMINISTRATOR'S SALE R AT :B SUSS T HORSE MARKET,'220 VALENCIA ML, s.tuaaySATURDAY cr.May 9 At 11 o'clock. By order of Mrs. Levashier, we will sell Her Entire Stock of Horses, Farm ‘Wagons, Buggies, Cart, Team Har- ness, Ete. Horses consist of 30 head broke and unbroke good all purposes horses from 4 10 8 years old: weight from to 1600. Also same fime and place 15 head good work-horses. Sale positive 0 resarve o limit whatever. SULLIVAN & DOYLE, Livestock Auctioneers. « flice, 327 Sixih st Men's Club of the First Presbyierian Church held a spirited debate this even- ing on ‘‘Is Woman’s Suffrage Desirable?” For the affirmative were F. Boadwell, As ‘Webb, A. Renner and P. R. Glissman; for the negative W. Barber, C. Neame, C. Mc- Curdy and W. Brock. The debate iasted an bour and a half, when the judges—C. Taber, H. Sorber and C. Hughes—retired for twenty minutes. At the expiration of that time they returned and announced their decision in favor of the affirmative. DICK WHEELER MISSING Was s Member of the Y. M. C. A. and Was Formerly Employed by W. B. Standeford. OAKLAND, Can, May 5.—Richard ‘Wheeler, a young man aged 21 years and a member of the Y. M. C. A., is reported missing. He formerly lived with Mrs. Knapp, 1382 Webster street, and had been a resident of Oakland for about nine months. Through the agency of the Y. M. C. A. Wheeler secured a position at Standeford’s candy-store, but about six weeks ago was discharged. After hisdismissal he became very despondent and remarked to friends that “life was not worth living.” The morning of the day Wheeler disap- peared Mrs. Knapp asked him to buy some things downtown. Wheeler went, but never came back. RECEIVING HOSPITAL. Supervisor Church Wants the Second Story Converted Into a Ward. OAKLAND, Ca1n, May 5.—Supervisor Church is advocating the scheme for en- larging the Receiving Hospitel. The wom- an’s ward is especially small, being large enough for only two patients, and when not used by women is often used by men patients who cannot be accommodated in their own ward. Mr. Church’s plan is to convert the sec- ond story into a ward. To do this dormer windows, an elevator and several other changes would have to be made, but very little expense would be incurred no other outlay of money would have to be made in years. —————————— Her Realism Satisfied. She may not have heen an embyro Ibsen, or even a future Howells or prospective Hamlin Garland, but she was a litile real- ist, pure and simple, says the New York Evening Sun. She couldn't have been more than seven years old, and she sat at the matinee the other afternoon, taking it all in with a coldly critical air in strik- ing contrast to the ‘excitable grown-ups about her, who every now and then let their emotions run away with tbem. Her sole comment concerning everything was “Is it real?” Thick and fast came the questions: “‘Isthatreal water?’ ‘‘Are those trees real?” *“Is the house real?” ¢'Are the curtains real?” as one scene after an- other was reveaied, and to each query her mother was obliged to answer *“No,” whereat the little realist looked as much as to say: “Another myth gone wrong!” But presently the heroine of the piece, as portrayed by Miss May Irwin, apoeared. And of her substantiality there could be no doubt, so the little realist didn’t even ask, but, with a sigh of reliet, cried, “Well, anyhow, the lady's real!"” THE STOCK MARKET. The values for Comstock shares were lower on the regular calls yesterday and business was quieter, though sales in Chollar and its sympa- thetic stocks were large. The best price f Chollar was 90c, against 98¢ the preceding da; for Potosi. 39c, against 41c; Con. Cal. & Va., $1 85, against $1 95; Occidental, $1 15, against $1 25, and so on. The close was steady, but very quiet. On the Bon' Exchange business was active and the general tone was firm. The Caledonia, Crown Point, Occidental and Utah assessments fall delinquent in board to-day. The Spring valiey Water Company. San Jose Water Company and Pacific Gas Improvement Company have declared_monthly dividends of 50 cents per share, payable May 10, At the annual meeting Monday of the Justice 45,150 shares of the stock were represented and the following directors eiected: A. Waterman, H. Zadig, E. P. Barrett, P. Ameranx and S. Jacobs. A- Waterman was chosen president, H. Zadiz vice- president, R. E. Kelly secretary and B. P. Keating superintendent. n the Chollar mine (Comstock workings), in the stope above No, 2 crosscut, 450 level, and in the south stope of the same level, they continue to save the streaks of pay ore found in the casing of the ledge and t0 sort over th> old fillings. In the winze, four floors below the Litter stope, they are driving south in low-grade material. They savia during the past week 92 tons and 1900 pounds of ore, the average top carsample assay of which was $27 57 per ton. They are repairing in the main in- cline and in the air gallery from the 450 level to the tunnel level. In the Potosi m'ne (Comstock workings), the raise irom the somh stope on the = 450 level 1s now up 107 feet. The top is in vein ma- terial giving low assays. On the 650 level the west crosscat is now out 340 feet, 20 feet having Leen repaired and retimbered during the past week. On the tunnel Jevel the raise from the southwest cross- cut has been aavanced 20 feet: total height 36 feet. ‘'he top 18 in vein material of no practical value. The usual repairs are under way. Assessments Fending. Following isa list of assessments now pending: Coxr. Ne lA “l:e":m Sale Day. | mind] Ophir.... 68 26.Apri7.May 11 Bullion 47 lO;.AyflB.Mny 14 Gould & Curry. 135 lbI.Am"IELM y 20 Chalienge. 21 Obi.Aprfla.M 20 "y 44 05 May 27 7 20 May 3, 26 22 llflxly 3 28 2 05 May 27 16| 06 May 7 2 45| 20May10.J Iy 54 20 May24/.J 18 83| 20 .Jne 1 .June 28 70} 10|.Jne 2|.June 25 52| 10.Jne 4.June H0 BOAR! SALES, Following were the sales in the San Frenolsco Stocx Board vesterday: RFGULAR MORNING SESSION COMMENCING 9:30. 5/ 50 Occidtl.,1.15 30 I 200 3 N [ -30400 Mexican. 33100 Union. ... 52 wfiaw N G & C.15/100 Y Jacki..38 Following were the sales In tus Pacific Stock Board yesterday : REGULAR smsstoN—10:30. 1 JAPANESE & CHINESE AUCTION SALE 419 Kearny Street. Wednesdny..ATHls-D.fiY' ay 6, 1896 REMOVED FROM CHINATOWN For convenience of sale, the stock of a CHINESE MERCHANT, WHO IS RETURNING TO CHINA. RARE ORIENTAL CURIOS. Satsuma, Clolsonne, A wats, Kaga, Tokonabe, Bishu, Kochl, etc. Antique Bronzes, Carvings, Silk Goods, Embroideries, ete. JAPANESE RUGS, ALL SIZES. Without Reserve or Limit. Chalrs for Ladies. F. T. KEELAR, Auctioneer. 7/300 Mexic: 500 Chollar ...92/100 Mono. 400 51600 Ocodtl CLOSING QUOTATIONS. TUESDAY, May 5—4 A. . Bid. Askead. B Asked. 184 17 19 Conflgence. ... Con.New York. Hale & Norors.1.15 Jackson........ GOLD MINING EXCHANGE, STOCK AND BOND EXCHANGE. TUESDAY, May 5-% . M. TNITED STATES BONDS. Bid. Asked. Bit Askod, U B4scoup..108% — |U Sas reg... 10634109 Do, new 1s...11733 — MISCELTANROUS ROND. Cal-stCbless. — 113 |Do.201ss s — — CalElecL6s. — 12315P&0 Ry 6105 120 CntraCW 5s. 9514 97 |P&ChRyvés — 107 Dpnt-stex-op 77 96 |Pwl-st.RRGs. — 116 EdsnL&P 6s. — 12214 Reno, WLEL — 108 F&CHRR6s.105 ~— [RiverW Coés ~ 100 Geary-stR0s.101 — [SactoP & L.. - 103 LosAngL@s. — 108 [EFENPRRSs — 103 Do,Gnted.6s. — 103 |SPRRArizfs 9514 98 MELstCble6s]23 — |SPRR Calfs. 10875111 DoRyConbs..108 — |SPRK Calds. — ot NevONgR7s. 95 105 [SvBrRCal8s 98 — NPCRR6s103 105 (SVWaters.. — 11854 N Ry Cal 65.102 105 |SVWaterds.. 994 89%4 Ry Cal bs. StkinG&lE: — 103 Sunstl&T6s.100 = 103 —"lSuttersiR3s. 1075y — Omnibus 63..11914120 |VisaliaWCds = 93 PacoliMés, - — WATR STOCKS. Contra Costa 374 40 |San Joss..... 75 100 MarinCo.... —"" 51%4|SpringValley 9934100 €A% STOCKS. — 40 |PacificLighs 47 4% — |Sanirancsco 93 9314 6214 B5314/510CKION. .o0e = 213 PacGuslmp, 86" 87 | INSURAN CE ATOCKS. Firemansfa.170 — [Sun... = COMMERCIAL BANK ST R 1. AmerB&TC. — — LondonP&A.128 130 51 69 |London&SF. — 27 43914 — |Merch Ex... I3 — al! 54" 85 |Nevada. - - FirstNationl178 18234 Bather B - = Grangers.... — — SAVINGS BANK sTOORL GerS&LCo.. 1415 — [Sav&Load.. = 101 HumbS&L.1100 1450 |Security..... — 260 Mutual....... 37% 40 |Union Truse — 810 EFsavUnion —° 485 STREET XAILROAD STOCKY. — 110 |Oak.SL&Hay — 100 60 7714 residio..... T34 — Market-si... 4694 47 |Sutterstu.ien — & — ¥ KR STOCKS. Atiantie D... Eastrn D... 80 Califor {Jnason. ... Glant. . MISCELLANFOrS aTnegs. Alaska Pkrs. 85 CalDrvDock. — Edison Light. 11714 GasConAssn. — Ger Lead Co. 85 HawCa&SCo. — e Mer Ex Assul00 Board— 80 Hutchinson § P Co. 0 do 5 S F Gaslight. 40 do do 4 2334 8 -%‘U 110 80 do do 80 SV Water... 50 do do $5000 S V 4% Bonds. Street— 65 Alaska Packers’ Associatio; = SALES—AFTERNOON SESSION. 50 Hawailan Commercial 25 Hutcninson S P Co.. 100 Market-st Railway. Street— 815 Hawallan Commercial. 200 Hutehinson 5 P Co. 100 S F Gaslight .. == f\smart Broadway, New York, druggist has this sign hanging outside his store; it marks the new era of drug selling, Is it any wonder that he has to enlarge his quar- ters, that his clerks are busy, and that his store is one of the most popular along the leading thor- oughfare? ou can afford to trade with a druggist that has such a motto as that. Dr, Gibbon’s Dispensary, 625 KEARNY ST. Established in 1854 for the treatment of Private Manhood. or Lost. disease wearif Skin Diseasés.