The San Francisco Call. Newspaper, May 9, 1896, Page 9

A THE SAN FRANCISCO CALL, SATURDAY, MAY 9, 1896. THE SOVEREIGNTY OF CORPORATIONS. Judge Garber’'s Strong Ground in the Rail- road Case. ‘ STATEMENT OF RIGHTS. Judge McKenna Talks Back and Points Law With Farmers and Ox Teams. A POLE STAR FOR THE COURTS. Two Features of a Day in Court With State and Corporate Con. flicting Rights. A momentous battle over what shall be the law of this great land on the funda. mental rights of States and corporations in their common relations was going onin the United States Circuit Court during two hours yesterday afternoon. It marked the very near approach of the end of the present struggle between the Bouthern Pacific Railroad corporation and the Railroad Commission, or rather the | State of California. Yesterday was ex- pected to bring an end to the tedious argu- | ments, but Judge Garber, who is making { the closing address, will not finish until | next Tuesday, when the case will come up again, Of course what was going on in the Cir- | cuit Court was but a part of the mo-| mentous battle referred to. But this pending case is the latest one of the similar contests between great railroad corpora- tions and States which have tried to regu- late them, which began but a few years | ago, and it wili be an important factor in a final result of National importance. Judge McKenna's decision wil become one of the “‘decisions” in the jurisprudence of corporations to be gquoted in accord- ance with the crasp and learning which | the man on the bench displays. The | court is but one remove [rom the one of | last resort, where the evidence, arguments | and decision wiil be reviewed and provide more law on the great issue. So it was deeply important lawmaking | which was going on yesterday, as it has | been forso many weeks., All the vital law | in the case is provide@ by the decisions of recent years. These decisions have eon-.| strued coastitutional and inherent rights ns, States and property, reversed, | d and orated each other, and dually evolved to its present stage | the law on State control of corporations. | It is because this evolution isstill in prog- ress, as. Judge Garber interestingly showed, and because this case will possi- | bly advance it another stage, that the case | has an importance besides that involved in the question of whether or not the | ttate of California can regulate its rail- | roads with more than mere police power. There were not a dozen people in the | chilly and quiet courtroom. Fortwo hours | Judge Garber talked at the Judge and got | talked back to, while Judge Hayne now | | ok in this State is limited by the provision that private property shail not be taken without compensation. It cannot trench on the perfect right of private property as fixed by the constitution. “If T own a piece of property that own- ership goes to all the enjoyment that springs from it. You cannot take from me the earning csrlclty any more than the proj erty iteelf.” “Could any rates be reduced one-teath of a cent_without it being confiscation? asked Judge Hayne. & “That depends. The limitation is that you must not under pretense of ‘regula- tion’ accomplish confiscation. There is ample scope for regulation under the de- cisions of the Supreme Court. The court has said that the police power of the State may be exercised in cases of extortion, in wrongful use of property—its use as a nuis- sance. That is the limitation under the latest decisions; buct you must not impair the rights of property.” a Theg coun—zSupppose a railroad is con- structed through a region where teams are the only other means of compensation. The rates will be regulated, we will say, b the laws of supply and demand you speal < The supply is the supply of railroads; ihe demand is the demand of the farmers for railroads. Can that railroad charge the highest rates that that supply and demand will allow without :’orcmg the farmers to the use of ox-teams Judge Garber—It can. 1t has the right to charge the highest rate that will be paid. The power of regulation comes in preventing discrimination. _Will _your Honor say that with my railroad I may not charge all that the farmers will pay me, without resorting to ox-teams or to competition? Tl:pe court—What shall be the test of regulation? Shall it be the railroad’s power to earn without regulation? Garber—I say so. The court—W hat becomes of regulation? Garber—The power of regulation is ap- plied to exceptional instances, when some particular wrong is done. o The court—Suppose the railroad com- pany fixes its rate, which it applies equally to all. You say that the value of the road depends on its ability to get that rate. Where, then, can regulation come in, the railroad having made no discriminations? Garber—The company is entitled to the highest rate the people will pay. Why shouldn’t they resort to teams? v There was more of this, the court saying that it was not prepared to go as fur as the advocate was going. Judge Garber eluci- dated further his contention that the latest decisions confirmed the doctrine that the State power of regulationwas a police one and that the property right was the higher and more sacred one. ““This doctrine of the limitations to the State’s power has not sprung fall-fledzed from the minds of the courts,’’ Garber said. *The courts are feeling their way to it. The power of regulation was first stated in the Munn case, and then this power of regulation swallowed up the rights of property. The question is, Where is the dividing line between these conflicting powers? The higher right is the right of property, and this has been recognized in later decisions.” The court—The question is, Where does the power of rezulation end and the right of property begin? If the State has the power of regulation it must have the right to exercise it. Does not this power extend past extortion? Judge Garber—It does not. The value of property is its earning capacity. Since the Munn case the courts are finding their way to the true principle that when the power of regulation comes in conflict with constitutional guarantees it must fall back. This has n the pole star of the courts in their progress through these cases. What mattersif youn say this limits the power of regulation? The full value of property must be preserved under normal and usual conditions, without Wrong. These expressions are typical of the chief arzuments yesterday afternoon, 3481 BROWHING'S FATHER and then interrupted with a vital ques- tion, and W. F. Y-len'in, District Attorney | ¥oote ond two or three other attorneys | siieatly and Intently followed the argu. | ment, which two stenographers were wig- | ling,down. All' this tremendous array of argument | in this case is interesting to corporation | lawyers. Seattered through it are facts | and ideas of general interest if they are | got hold of. But the dry elucidation of | decisions and the disputing about consti- | tutional and common law and inherent | rights and all that is no circus to many people. But some days are more interesting than others in the Circuit Court, as elsewhere, } and yesterday was a highly interesting | one, What went on yesterday was exception- ally interesting for two thines which were | the maiu features of the proceedings. Judge | Garber boldly, stronglv and insistently prociaimed the doctrine of the sovereignty | of the corporation in the use of its prop- | erty. He declared, in effect, that the rail- | road could charge a miilion dollars an ounce a mile for hauling freight if it wanted to, so long as it didn’t diserimin- | ate unjustly or commit extoriion by cinch- | ing some poor fellow for $2,000,000 an ounce, if it gota chance to'do so. Judge Garber put the corporation doctrine of its independent rights under the Federal con- | stitution and its denial of the rights of | the State to interfere with the free use of its property in_a sironger way than they have been put during the argument. The other feature of the day was an in- teresting colloquy between Judge Garber and the court on the limitations of the power of the State to regulate the cor- goralion in the use of its property on one and, and the extent of the conflicting property rights of the corporation on the other. DnrinF this colloquy & layman could see the vital legal issue in the case stand out clearly and alone. The incident was a cathodograph of the very inside of the issue and of the partly formed legal doc- trine of vast significance which the courts are slowly elaborating. Where is the dividingline between the two rights set in opposition—the right. of the State to regulate the corporation in the use of iutproperty and the right of the corporation to 1ts property? Does the ,igffof the State en\Y. ngethe Southern Pa- cific contends, with the exercise of police powers in preventing wrongs of discrimi- nation and the fike, or may it go to the extent of regulating prices to the point of confiscation, and what is_confiscation? The taking away of one dollar which tae | corporation might be able to earn by force ; of monopoly or only the cutting down of its income to & point below a *‘reasonable’” return on ics capital? Has a railroad a right to sticx out for any price for the use ofgng property as a hotel man might for ‘the rent of his rooms, and does the Federal constitution warn the State to let the cor- poration alone in thisright? Thereisa tangle of other things in the case, of course, but these were the questions that stuck out of yesterday’s proceedings, and they are the vital ones of the litigation. In beginning his address Judge Garber went ata lot of the decisions that have been mauled about so much auring the argument and argued that the later ones greatly modified the earlier ones. “In'the first opinion on this 1issue the court said that final power must lodge somewhere, and that it should be in the Jegislative power of theState and not in the courts,”’ said the advocate. *“It fol- .Jowed that the hundreds of mallions of property in Illinois was subject to the arbitrary power of the Legislature, with Inoappeal but to the bailot-box. But it . was recognized that prope-ty is safe from - popular emotion and coatrol, But in : cases following the Suprene Court said, . ‘We must not be understood as going so far.’ They said that in tbose cases the rea-onableness of the rates was not an jssue, They conceded power to the Legis- lature, but said there was a linit to which it conld go. “Wut‘ was thet limit?’ The constitu- tion of the United States, whih says that property shall not be taken jout com- pensation and that no rerson shall be de- prived of the equal protection ¢f the laws. “The power of the Railroad Commission Flynn, Who Is Accused of Murder, Being Examined Before Judge Low. Some Important Additional Testimony Elicited From Witnesses Yesterday. The case of the People vs. J. T. Fiynn, charged with the murder of the Browning baby found'dead in a valise, came on for examination in Judge Low’s court yester- day afternoon. With two or three exceptions the testi- mony did not differ materially from that offered at the, Coroner's inquest. These exceptions may prove very material to the defendant. After Dr. Fitzgibbon of the Receiving Hospital had given his evidence relative to the condition of the dead babe when brought to the hospital, the probable number of its few short hours on earth, etc., Dr. Quigley,the physician in atten- | dance at the birth, testified to some im- portant facts that were not brought ont at the inquest. Among other things he said that he feit a little dubious about the wel- iare of the infant and asked Mrs. Shane, the sister of Mrs. Browning, if she would look after the babe. Mrs. Shane%eplied in the affirmative and volunteered the infor- mation that she was accustomed to take care of children of instant age. ‘When the doctor left the house he in- trusted the baby to the care of this wo- man. Mrs. Browning’s testimony as to the time of the child’s birth and its taking away by Flynn was the same on direct ex- amination as that offered at the inguest. On cross-examination by Attorney Knight for the defense she wavered somewhat and finally broke down, necessitating the con- tinuance of the'case until this morning. ‘When asked why she had the baby placed in a bureau drawer instead of in the bed be- side her she hesitated and finally answered that she thought the drawer would be a good cradle for it. . A question nlnhfi to the certainty of her knowledge of Flynn’s paternal con- nection with the child, coupled witn delicate query as to the number of her i timate male acquaintances, brou ght tears and an adjournment. The case will go on this mo rning. ——————————— LIBRARY ASSOCIATION. Stanford University Professors Read & Series of Interesting Lectures. Stanford University was well represented at the meeting of the Library Association of Central California in the lecture-room of the Mechanics’ Institute last evening. A number of papers appertaining to the foundation and management of the great libraries of the world were read. “The Library of the British Museum" was the subject of an instructive paper, read by Professor George Kriehn, This lecture was followed by = discourse on “The Literature of Libraries'” by F. J. Teggart, iibrarian of Stanford University. “Nooks in the Bookland of Boston’’ by Professor John W. Stillman concluded the interesting entertainment. Last evening’s meeting was the last until next September, and in the inter- vening time another series of lectures will be prepared for the winter season. Fire After Fire. f ‘Three fires, all small, followed each other in rapid succession yesterday. The alarm for the first was sounded from box 25, and 1t proved to be at the cigar factory of Wah Kit, 828 ‘Washington street. The loss was $200. At o'clock the lence of Mra. Cn‘hlns. 1108 Folsom street, was discovered to be on fire, the alarm being sent in from box 122. The fire was due to & defective lhv&glpe. Loss $150. Thirty minutes later box called the fi fighters to 618 Harrison street, where a tw. story {rame, owned by the Kettle estate and occupied by W. R. Smith, was found in flames, The da: t0 the house was $200 and to the furniture THEY MUST WAIT FOR THEIR MONEY, Latest Decision in the Fam- ous Hale & Norcross Case. : A JUDGMENT DELAYED. The Affirmed Finding Can Be Entered Only on a Final Decision. EXPLAINING A FORMER OPINION Judge Hebbard’s Order Regarding the $210,197 Reversed by the Su- preme Court. The Supreme Court has rendered an- other decision in the Hale & Norcross case—one tbat further complicates the great damage suit and delays all.chance of securing the benefit of one judgment until the whole case has been settled. The decision is quite a blow to the hopes of certain stockbolders; it means that the $210,197 50 for which judgment was ren- dered by Judge Hebbard, and which the Supreme Court takes pains tosay was a good judgment, must remain in abeyance until the whole case has been settled. This may mean a long time, and it will prebably be months at least before it is finally turned over to its rightful owners. When the case came up in the Superior Court there were two charges of frand made, upon each of which the plaintiffs sought to recover. One was for excessive charges for milling, the other was for fraudulent milling. The judgment of the court was for the plaintiffs for over a miltion dollars, $225,000 of which was for excessive charges and the remainder for iraudulent returns on the milled ores. On_appeal the judgment for $225,000 Was scaled down to $210,197 50, and at that amount it was affirmed. The other judg- ment was reversed because the Supreme Court believed there haa not been suf- ficient testimony taken on which to base such a judgment. The case was sent back to Judge Heb- bard, and accompanying it was an opinion containing this paragraph: The judgment appealed from is set aside and the Superior Court is directed to enter a judg- ment as of the date of its former judgment against Alvinza Hayward and H. M. Levy for the sum of $210,197 50, with interest from that date, upom the issue presented by claim for having paid an excessive price for milling the ore in the Mexican and Nevada mills, and upon that issue the order denying a new trial as to these defendants is affirmed. | Asto tne other appellants, except the Nevaaa Mill and Mining Company, the order denying anew trial as to tnis issue is reversed and a new trial thereen ordered. Upon the issue resented by the claim for damages sustained [¥ Teason of the imperfect and fraudulent mill- ing, the order denving a new trial is set aside as to all the appellants and the court is di- rected upon theevidence already taken in the case, and such other evidenceas may be pre- sented by either party, tomake fipdings in sc- Cordance with the views hersinbelore ex- pressed. Judge Hebbard read the opinion and entered the gudgment as directed for $210,197 50, apnd he set the other issue for trial. Hayward and the others de- murred, for they said Judge Hebbard could mnot enter the Cf‘udgment until the case had been decided upon every issue. Fox, the plaintiff, showed the decision and said it could be done; Hayward et al. showed the decision and said it cor!d not be done, but the order was made, and Hayward and Hobart appealed from it, For half a day learned attorneys argued before the Supreme Court, asking that the Judges explain themselves. Hayward's attorneys argued long to show that the Supreme Court could have meant noth- ing else but that the affirmed judgmen should wait, and Fox’s attorney, W. T. Baggett, simply showed the decision and asked the Judges to say what they did mean. The Judfies were not prepared to ex- plain, so the matter was taken under ad- visement. The court has considered the matter for some months, and now it is an- nounced that when the court said to enter the judgment, it did not mean to enter the judgment, it meant to hold the judgment until the case should be finally deciaed and then enter it. In rendering its explanatory opinion the SBupreme Court says: It is certain that the cases, if there are any, which can be taken out of the general rule above stated, that but one judgment, final in effect if not in form, can be entered, must be altogether exceptional and dependent upon some especial considerations. No such consid- | erations have been brought to our attention in this case, nor were any such referred to in our former opinion. In construing our former judgmeni, therefore, the fair presumption is that no direction to enter a final judgment on some of the issnes, in advance of the trial on the remaining issues, was intended. On examining the terms of that judgment we are unable to find any plain or distinct di- rection of that kind. The ‘court below was di- rected to enter a judgmem as of the date of its former judgment, on the issue asto whicha new trial was denied; and as to the remaining issues a8 new 1 was granted. No direction was given as to when the particalar judgment should be entered; and the presumption is that it was intended that it should be entered at the same time as, and should constitute a part of, the final judgment to be rendered on all the issues in the case, in accordance with the general course of proceedings in like cases. Nothing less than explicit lanzuage to the contrary would justily any other interpreta- tion. We are, therefore, of opinion that the court below was not authorized to enter the udgment appealed from until ali the issues tween the parties before the court should be determined; and that when the court shall have filed its flndhlgl n&en the issues as to which & new trial has ordered, it will then be its duty to render Lnf\e judgment upon the whole case, which shall include the judgment 8o heretofore directed to be entered. The Supreme Court then goes on to commuent on its opinion and the interpre- tation put upon it in the following words: It may be added, in tice to the le: Jndgo of the court e counst to plaintiff, that the language of our former judg- ment was perhaps not happily chosen or alto- gether clear in this re: L, and was possibly, standing slone, lt:fcn to the construction in. sisted upon by plaintiff. But when regarded in the genersal rule of procedure applicable in like cases, as above indicated, such con- struction cannot, for the reasons stated, be in- dulged. 7 Four of the Justices concur in this . terpretation, but Justice Harrison and Justice Garoutte still believe the court meant that the judgment should be en- tered at once. The decision bas Dostyoned execution on the $210,000 judgment for an indefinite period. Judge Hebbard will probabiy de cide the case on the fraudulent milling in & few days now, and he will then enter both Eudgmnun together. The case will 20 re the Supreme Court again, and in the meantime the judgment is waiting. Rehearings and motions to continue, to dismiss, to deny, will have to be argued and ded, and the end of all is proble- matic. In the meantime the judgment for $210,197 50, rendered by one court and affirmed on appeal, will wait and wait. Mr. Bsmtt{. while not' mntmhd with o0, 18 rushing ngs. He a pelmm chhfmfmum g«nly -n% asked that_ theremittitur be sent once. As the losing party, Baggett had a right to ask that the usual thirty days be waived, and an order was made directing that the remittitur be issued forthwith, The Hobart appeal now before the Supreme Court is based on exactly the same point, and wishn;g to ft that out of the way, too, Baggett asked that a decision be rendered in that too. 1t had been stipu- lated that the argument on the one should do for the other, and a decisian on the one would do for the other, but only the Hay- ward cese had been decided. Judge Beatty referred Mr. Baggett to Judge Van Fleet, who wrote the opinion of yesterday, but Judge Van Fleet wanted more time to consider the case. BSome days ago the Supreme Court ren- dered a judgment of a similar dual char- acter as the one of vesterday. The action was entitled vs. Reedq, suit for di- vorce and division of property. The de- cree of divorce was sustained, but the decision regarding the division of prop- erty wassent back for a retrial. The de- cree of divorce was entered at once, and both husband and wife are at liberty to marry again, but it would seem under the latest decision that the judgment of di- vorce must wait till the settlement of property. This case is cited hg Fox and others as one which should have some bearing on the pecuhiar circumstances of the Hale & Norcross case. THE NEW POSTOFFICE. It Will Probably Be Constructed En- tirely of California Products. In all probability when the proposed new San Francisco Postoffice is built it will be almost exclusively of California materials and products, The officers of the Manufacturers’ and Producers’ Asso- ciation are rejoicing that they will have a finger in this big pie, 0 to speak. Ina re- cent communication from Bupervising Architect Aiken of the Treasury Depart- ment at Washington to the association he states that so far as possible he will see that California products and materials are used in the construction of the projected IT IS ALL TOO FUNNY. J. B. R. Oslom’s Letter to the Coroner Threatening His Suicide. MISS L BOWMAN A Gay Little Typewriter Who Cares Littte for an Unkmown Admirer, LAUGHS. Coroner W. J. Hawkins is in receipt of one of his periodical letters announcing the writer’s intention to commit suicide on account of the unrequited love of some falr maiden. ‘Three times in six weeks letters of this kind have been received, and each time the names of the ladies mentioned have been fictitious. All these letters have been written by the same man, and the language in each has been much the same. In a letter received by mail yesterday morning the name of Lillian Bowman was mentioned, and her address, 105 Grove street, was also given. In this instance the young lady has materalized. Bhe is a vivacious little typewriter in embryo. She 1s studying her profession at Heald's Business College,and for reasons best known to herselt she does not live postoffice. He requested that the associa- tion send to him the names of California mannfacturers and producers who handle and_construct used in the big United States building. members desired, and Manager Tacy now canvassing the field with the idea of has found that the California manufac- turers and producers can furnish every- thing necessary in the construction of the postoffice. Stone, granite, marble, brick, etc., can be obtained in unlimited quanti- ties and of superior quality within the State's boundaries. Terra-cotta, artificial stone, iron and steel work, bronze, electri- cal and sanitary appliances and products of srt and skill are also to be obtained in abundance here. The names of 400 or 500 membeis of the association who desire to make bids on materials in their respective lines will be sent to the United States architect, together with their catalogues and prices. Samples of stone, marble, granite and similar natural products will also be forwarded for his inspection and tests. The contract for the glass, which will no doubt be a big one, will probably 2o out of the State. SUTRO DEFENDS HIS AOAD Charges the Half-Fare Agitation to the Southern Pacific Company. He Declares It an Attempt to Depre- ciate the Values of Out- side Lands. Mayor Sutro is grieved, not to say indig- nant, over what he declares to be an un- just attempt to have the fare on his road from Central avenue to the Cliff House re- duced to 2} cents, and lays all the blame for the agitation on the Southern Pacific Company. Speaking of the matter he said: “This is a subject in which many of the improvement clubs have been misled by designing persons. The transfers, which | are the rule now in San Francisco, make | car-riding as cheap in San Francisco, if | not cheaper, than in any other city I | xnow of. “A road operated on a 5-cent fare can make but very little money, and so far as | the Sutro road is concerned the people in the Richmond district can well afford to contribute a trifle toward the revenuein order to pay the expenses of operation. “The fact of the matter is, the ‘Octopus’ is at the bottom of all this movement, in order to depreciate outside lands, which, without transfers, could hardly be reached for a 2}4-cent fare for each road. In faci it would cost between 74 and 10 cents, an this would, of course, largely tend to lower values in property west of Central avenue, “This movement is similar to the at- tempt of the railroad in Sacramento at the last session of the Legislature to pass As- sembly bill 722. This measure passed both houses, but was fortunately by my exer- tions vetoed by the Governor, on which { occasion I called him a noble Roman. But the Governor has_since fallen in with the politicians, and I would hardly call him a noble Roman now. “The character of that bill was to estab- lish a fare of 5 cents for each three miles, which would bave counteracted the5 cents to tble ocean which I have procured for the people. “1 am astonished to see that many of the clever men of which the improvement clubs are composed should have allowed the wool to be pulled over their eyes in this manner; and when they understand the true inwardness of the thing no im- provement ciub will advocate a 21¢ cent fare and the withdrawal of transfers,” ————————— WANTED IN PORTLAND. Lee Keo Pong Desired as a Witness Against Chinese Certificate- Forgers. United States Marshal Barry Baldwin arrested yesterday Lee Kee Pong, wanted by the Portland authorities on sundry charges, including an alleged illegal en- trance into the territory of Uncle Sam by means of a forged certificate, Thursday morning Marshal Baldwin re- ceived a telegram from P. 8. Chappelie, special agent at Portiand, to the effect that Lee Pong was wanted by the Federal au- thorities of that city, and that the wily Uhinese would probably be found at the establishment of Quong Shing & Co., 15 Waverly place. 5 A decoy special-delivery letter, duly stamped “‘Portland,” was prepared and sent tor delivery by the regular carriers. Lee Poug took the letter readily, but hardly had he signed the receipt when a Deputy Marshal made him a prisoner, Yesterday morning the much-wanted Chi- nese appeared before Commissioner Hea- cock and was committed to jail, subject to the order of the Portland officials. It seems that ‘Ke: Lee Pong ir wanted as & witness against a new, recently organ- ized gang o?lcninau uniflnuyfm-pu, Pong is said to be a member of the firm of Lung & Co. and indirectly connected with the certificate manipulators now operating in that city. . May Build Toll Gates. In the suit of Harvey S. Blood against R.T. McCarty, the Supreme Court has decided that local Eoards ot Supervisors may establish toll- gates to pay for building and keeping in repair the county roads. McCarty ";'c‘mfll'l 3000 sheep along the Big Tree and Carson Vall ol Toad 3% Calavecas County and_ Dloed 42 manded $30 toll. McCarty refused, and . hlgp! This was just what the association’s | 8rtist was there sketching presenting a good list to select from. He | | sister. with her mamma, nor will she room with her sister of 317 Golden Gate avenue. In- stead she prefers to keep maiden quarters roducts such as could be | 8t 105 Grove street. She was very esterday. An er Jrenx face js | for publication and she anticipated the visit of reporters and artists. “It is all so much fun,” she exclaimed, umping up on the back of her bed an ating her heels on the board. “Idon’t know who this erank is who loves me so, but I will go and look at him at the Morgye when they find him. I'm sureI won’t know him even then.” The idea of a man committing suicide on account of love for her was great amusement and her bright brown eyes sparkled in merriment. It was all so funny for this young woman that the im- pression was given that sne had written the letter to the Coroner herself. Here 1s how that letter reads: 8AN FraxCIsco, Cal., May 7, 1896. W.J. Hawtins, Coroner—DEAR SiR: When you receive this I will be dead, for Iam golnfilln jump in the bay. I haye been in love with a sweet, false face, and she would not have me. Ifell in love with her et Kearny and Geary a little over a week ago. Her name is Lilian Bowman and she lives at 105 Grove street, in this City. I have written to her to meet me, and still she won't come, for she loves some one lse. Oh, my heart 1s breaking for her asl write these words. Iam 21 years old and my folks live in Los Angeles. I'won't give their address, as I don’t want them to know how their boy died of a broken heart. Oh, Lille, I love you! Why did you not come and let me win your love? Oh, my heart is breaking for you, and it is you who are sending me to & watery grave. Oh, my love, good-by. 1love you still, but you are false to voursex. Youare a designing woman, but I fove you. Oh, mother, good-by, and good-by, A girl by the name of Bowman killed me, and she lives at 105 Grove street. Oh, mamma, you might see this in the papers, but forgive your son. Good-by, Lillie. o R. OsLox. Miss Bowman claims that che has re- celved a dozen orso of letters from her unknown admirer within the past eight days, but that she has destroyed them. In one of his letters,” the young lady said, *‘tbe fellow wanted me to Lacome his wife. Just think ofit! His wife! There was a man I never saw and he wanted to marry me. - He must have been very ‘stuck.’ She giggled at the thought of it. *‘His wife!” at was too funny, and she laughed again, kicked her heels against the back of the bed and said she would no longer submit to the pencil sketch the artist was making. “In another of his letters,” Miss Bow- man said, “this man asked me to meet him at the corner of Grove ard Polk streets. He wanted me to havea hand- kerchief in my band that he might know me—— No! I don’t mean that. He wanted the handkerchief in my hand to know if I’d let him speak to me. I never paid any attention to him.” The people at the Morgue have no idea that the body of Oslom will ever be found. Whether Miss Bowman and the writer of the periodical letters are partners in a hoax is what they care most to learn. SENT OBSCENE LETTERS. A, W. Bowman and Julius Lauer Ar- rested by Postal Inspector Erwia. A. W.Bowman and Julius Lauer were arrested yesterday morning by Deputy TUnitea States Marshal Dudley Harris on a warrant sworn to by Posial Imspector Erwin charging the prisoners with baving sent obscene matter throuzh the mails. Bowman is a card writer by profession and until a few days ago had a stand on Market street, near Fifth. Some months ago he met Miss Rose Anderson, 935 Fourteenth street, and fell desperately in love with her. His attentions, however, were not appreciated by the young lady, and she was not backward in announcing the condition of her feelings. Bowman resented this and got back at the object of his unsolicited affections by writing her obnoxious and obscene letters. Lauer was afflicted with the vulgar let- ter-writing habit also, his special infirmity lying in a seemingly uncontrollable desire to make love to the young women em- loyed in a Kearny-street candy-store. © continued this thing for nearly a year, and then the lice were requested to arrest the offender. Fora time Lauer let up in his letter- writing, but a fewj days ago began sending the most vile letters to the younf women. His arrest, as noted above, followed. Lauer is originally from Modoc County, where his parents now reside. It is said that he got into 8 similar trouble there. The opinion of the postal authorities is that Bowman and Lauer are of unsound mind. Lauer admits that he was at one time an in: of an insane asylom. ————— Pool-Sellers Arrested. Two men giving the names of James Brown and James Wilson were arrested by Officer C. M. Barnes for violating the pool-selling ordi- nance yesterday afternoon. Their place of businessis on Glasgow street. T leased on bonds. o 19y, e g The Baby Waif. The baby found on the doorsteps of 54 Minna street, at midnight Thursday, was sent to St. Joseph’s Home yesterday. The child ‘WAaS Wrap) in a blanket. and there were no marks by which he could be identified. NEW TO-DAY. Cuare onsumption and lung troubles TO THE EDITOR :—I have a reliableremedy for Consumption and all Lung Diseases; also for Loss of Flesh and all Conditions of Wast- ing. By its timely use thousands of hopeless cases have been PERMANENTLY CURED. So suing for the Blood was given jud; to any ‘who will me their for mnn‘?.o McCa r.hflud jnm the | Express and Postoffice address. Sincerely, roads were e, and Legislature cou “T. A. SLOCUM, M.C. 1‘:“ imen the :‘o";:r' l&:lg‘:;nct .mg: u‘r‘: - Ais3 Pearl St., New Y 92 ernmen the Roids that it can. o g e (de AT LA T A UNITED STATES SUPT, Family of Hon, William R, Smith Made Well by Paing’s Gelery Compound. Mg = “To him who In the love of Nature Holds communion with her visible forms, 8he speaks a various language.” complete confidence of men and women the world over. Jt is exclusively employed in families where nothing short of the best of every- thing pertaining to health will do. It has lived up to the most sanguine ex- ctations of physicians who naturaily look or extraordinary results from the discov- ery of so eminent a physician as Prof. Ed- ward Phelps, M. D., LL.D., of Dartmouth medical school. That Paine’s celery compound does cure positively and permanently all diseases arising from impure blood or decline in the vigor of the nerves is cheerfully attested by thousands of earnest men and women. ‘Weakness, depression, -irritability, pain and languor tell that the nervous matter in the brain, nerves and spinal cord is not getting sufficient nourishment. To quickly furnish a fresh and abundant supply of nutriment for every tissue of the body is the purpose for which Paine's celery compound was first prepared. This rapid production of fresh nervous energy nndfure blood was the aim of Prof. Ed- ward E. Phelps’ long study of the causes of nervous exhaustion. The result of bis life work was Paine’s celery compound—this remarkable remedy that permanently cures diseases of the liver, kidneys and stomach. It is the greatest nerve regulator and blood purifier of this century. No one has a deeper insight into nature’s ways than the superintendent of the ex- tensive botanic gardens of the United States at Washington. No one knows so well as he what precious opportunities come with the spring. Supt. Smith, like most scientific persons, firmly believes that every one would be benefited by taking a spring remedy while the blood is readiest to be purified and in- vigorated. Paine’s celery compound is the only genuine spring remedy worthy of that name, in the opinion of Supt. Smith. He writes: ‘WASHINGTON, D. C., March 4, 1896. Gentlemen—The female members of mK household are more than delighted wit! Paine’s celery compound. I learn from othér friends that its popularity is steadily growing. It aids digestion, and in view of the prevalence of dyspepsia, it is one of the benefactions of the age. \'erlg respect- fully, ‘WM. R. SMITH, Supt. U. S. Botanic Garden. Paine’s celery compound is as far re- moved as the poles from the many trivial, unscientific preparations that call them- selves spring remedies. It has earned the — = Edyi on to it Thela est piece of GOOD tobacco ever sald for iocents "Q COSMOPFrOLITAIN, Py "W ANSYSFilLs Francisco, Cal.—The most iways reliable. Take ihe city. Board and Dosubstitate. For sale by all druggists. the i 4. for Woman's reguard. W1 WAL FAREY: Sropeiston” | ©0. 728 SOUTH EIGHTH ST., PH “CUPIDENE" tion of a famous French physician, will m“nx‘dheuuo!m:mmn 0 and from the hotel. = .,'%“.‘;“cfr'?& ILADA.,PA. ree Look for the coach beari ‘mopolitan Hotel. ;the) quickly cure all ner- ive ool Sssec of o i Tt s ot S Pimples, Unfitness to 3 ting Drains, Varicocele and Constipation. It stops all Iosses by day of night. * Prevents quicks Dessof discharge, Which If not checked Jeads t6 Spermatorthas acd BEFORE ano AFTER flLthehorrorsof Impotency, CUPIDENE cleanses the liver, the kidneyrs and the nrinary organsof all impurities. CUPIDENE strengthens and restores small wealk organs. ‘The reason sufferer-, are not ctors is because ninety per rn-‘u'nr"tu. cw?nt)'sommn uud only Known. n:fl!‘v n': cure! wll,::dn;n o] %u&': m‘%& ttea guarantee given and money returns Doxes docs not eloct & permancnt cure, fxf'n-m.dx o $0.00, by mall. " Bend for FRER clrcular and tas g ie” i Address DAVOL MEDICINE CO., 1170 Market strect, San Francisco, Cal. For sale by < BROOKS' 'PHARXACY, 119 Powell sireen