The San Francisco Call. Newspaper, June 18, 1896, Page 10

10 THE SAN FRANCISCO CALL, THURSDAY, JUNE 18, 1896. NEW FIELD FOR LOCAL COMMERCE, Utah Will Ground for California Shippers. STORY TOLD IN FIGURES. Victory for the Traffic Associa- tion Soon to Be Enjoyed. LOW RATES ON SATURDAY. San Francisco Can Then Meet Her Rivals On a Basis Conducive to Trade. The Traffic Association of Cu!ilornin,; baving won & victory in the fierce contest for Utah business, is now preparing for the added satisfaction of seeing 8an Fran- cisco merchants enjoy the benefits thus brought to them. Under the management of William B. Curtis, the mew traffic! manager, the association has. without | much ado accomplished in this single in- stance more than enough to repay its sup- porters tenfold. For a new and, it is said, a really remunerative field has ‘been brought within the possibie scope ot San Francisco's commerce. The southeast Do was herdly accessible before because of discrimination in favor of Eastern mer- hants, is regarded not only by shippers but by the railways as well, as an im- | portant region. Its many mining districts require immense quantities of merchan- | dise, machinery, etc. Heretofore it was supplied from Chicago and cities on the Missouri, although San Francisco, by reason of its closer prox- imity, was entitled to the business. Act- ing on this foundation, Manager Curtis instituted an elaborate system of attack, and through the powerful influence of the Traffic Association brought about a con- ference between the Southern Pacific and the railw east of Utah. The r has been made known in gen- eral terms, and now the Southern Pacific | has come out with a new ireight tariff be- tween stations on its lines in California to stations on the Rio Grande Western in Uts d Colorado. eral miles eastward is made a.‘‘common poi ah, as it ic a distributing point for the mining districts. ngement freight rates from California de by the Southern Pacific Com- v with the same right as if the Central | ic road extended so far beyond Ogden. | s new tariff is to become effective Sat- | next. It is com ‘commodities” carried by rail- d presents the following *‘ciass cents per 100 pounds | | Be Virgin| ion of Utah, which | Under this | piled to_cover all | the following, located on the Union Pacific system on the Rio Grande Western Rail- way: American Fork, Atkinson, Battle Creek, Bingham Junction, Brick Spur, Centerville, Coalville, Croyden, Devil's Gate, Draper, Echo, Farmington, Germania, ss Creek Junctior, Hooper, Jordan Narrows, Kays Creek, Kays- ville, Lake Shore, Layton, Lehi, Lehi Junction, Lovendshis, Morgan. Murray, Ogden, Park City, Peterson, Pleasant Grove, Provo, River- ton, Roy, Salt Lake City, Sandy, Spanish Fork, Stand Pipe, Strawberry, Summit, Syracuse, Uintah, Wanship, Wanship Tank, Wood’s Cross and stations between such points. It will be seen from this list thata very important field for the enterprise of San | Francisco merchants has been opened. The new ratio in rates for Utah freight business stands in favor of San Francisco at 75 per cent of Missouri River rates and about 60 per cent of Chicago fignres— a clear gain for California through the Traffic Association. ¢ THE OLYMPIC BATHS. Three Thousand Dollars Will Be Ex- pended in Improvements. The Olympic Club must economize, so say the directors. Some months ago, when interest in the affairs of the club was flagging, the directors decided, after long deliberation, that something must be | done to keep down the expenses, which | were considerable in an institution of this | kind. | The first thing done in the way of re- | trenchment was to reduce the salaries of | the instructors. Rather than permit any of the teachers to leave, the club thought it vest to cut off a slice from tbe monthiy ! wages of each employe. Walter Watson | the boxing instructor, had his salary re i | Springviil { duced from $130 to $125 a month; Profess- ors Beaulo, Meihling, Trouchet and Clarke | came in for a share of the ax. Everything went along swimmingly for a while, and the directors were congratu- | lating themselves on the favorable pros- | pects and the financial success they had | achieved from a boxing entertainment the i club gave in Mechanics’ Pavilicn which netted & very nice sum. Recently something occurred which affected the club, and as a consequence, | the secretary received several resignations. | Many of those, who in a moment of im- pulse, signified their intentions of resign- ing, changed their minds when they had an opportunity to consult with the direc- tors and leading members of the club, and | are now stanch supporters of the Olympic. Harry Clarke, the swimming instructor | who discharged a few weeks ago, pre- | sented a petition for reinstatement to the | directors at last night’s meeting. The pe- tition was signed by a majority oi the members of the Olvmpic Club, who are strongly in favor of baving Clarke restored to Lis old position, which is that of swim- ming teacher. Clarke’s services will not be required in July and August, as the present bathing compartments are to be torn down and substantial bathrooms will be erected and of material which will stand the ravages of the salt water and its parasites. Workmen will commence removing the decayed woodwork of the bathrooms on July L REPUBLICAN RED FIRE, St. Louis Nominations to Be Ratified in Great Form. Procession and Music on the Streets. Speeches at the Pa- vilion. Red fire, music, a general parade of clubs and speeches at the Pavilion will be features of the great Republican ratifica- | tion meeting in San Francisco next Satur- ! day evening. Since it isregarded asasure | thing that McKinley is to be the nominee | for President, it only remains for the Vice- President to be named in order that the banners and transparencies may be | painted. The Republican County Committee has selected United States Senator George C. | Perkins to preside at the ratirication meet- |ing. The Senator said yesterday that he had notified the committee of his ac- | ceptance. Among the speakers already nsmed are: W. S. Barnes, Colonel T. V. Eddy, J. L. Boone, Major C. W. Kyle, Frank Powers, Julius Kahn, A. W. Branch and Colonel John H. Roberts. Others will be added to the list in due time, The Republican organizations that are expected to join the marching procession are the Urion League Club, Continental SIEBE 15 FREE OF THE COURT, Judge Wallace Decides in Favor of the As- SEessor. THE CASE IS DISMISSED. Assessments of Property the Exercise of Judicial Power. ERROR OF JUDGMENT ONLY. It Cou'd Not Be a Crime—Other Closely | Connected Cases May Be i Dropped. The Siebe perjury case was yesterday | I dismissed by Judge Wallace. | Last week District Attoraey Barnes sur- prised every one connected with the mat- ter by moving that the case be dismissed. He urged that the Assessor was a quasi- judicial official, and as such could not be prosecuted except it be shown that he had been guilty of bribe-taking. As this was not the idea of the prosecution mistakes in assessing property could only be held ml be errors of judgment. Judge Wallace took the matier under | advisement and. yesterday decided that | Mr. Barmes was right in the matter. Following is his decision in part: The accusation against Siebe npon a prelim- | inary exsmination pending here is that of | perjury; the District Attorney 61 the City and County of San Fren o moved that the case | be now dismissed, because, as he think: ebe could not upon frial had beforea jury be con- vieted of any criminal offense, and in his judg- | ment he ought not to be proseeuted for the offense of perjury charged in this case. This announced position of the District Attorney | should put an end to this proceeding; it would be idle for me to hola Siebe i0o answer to this charge of perjury, when it is apparent that if he were so held, the District Attorney, entertaining the 'ws he does, would, in the exercise of his discretion, refuse to prosecute him. While it lear that the District Attor- “ : to formally dismiss the pro- | ceedings here before me against Siebe, it. i§ equally clear that he considers it his dutyto | refuse to file an _information against him'for the offense of perjury should I hold him to an- swer; nor is there power anywkere to be found which can overrule the judgment of the Dis- trict Attorney in that respect,or compel him to file an information and prosecute it against Siebe; 1o hold Siebe to answer would, thera- Livermore Will Exhibit at the Home would have been attempted before now; for it is notorious that no single subject has provoked such long continued and bitter controversy smong our people as the subject of unequal taxation; the supposed misconduct of assess- ors, the alleged uuequel taxation they have fixed, how in the past they have in their deci: ions habitually favored corporations and the rich and have discriminated against the poor— have constituted an enduring theme of discus- sion by the press, in the forum and upon the stump; yet it would appear that until now it has never been thought to attempt the pre- vention of these asserted evils by a criminal prosecution of an Assessor for felony com- mitted by him in rendering his decision upon the subject of values. The proceeding against Siebe having been d'.!'muad. all mere collateral guestions go with ft, There are certain proceedings pending for { contempt whicn must be discontinued also. hese arose only upon & question made in €ood faith and unaer the advice of learned counsel as to the lawful authority of the court 10 enforce the production of the books of the company. The parties and their counsel re. spectiully questioned the power of the court bere to make an order that the books be pro- duced. They had the right to make the ques- tion in that way—in fact, there was no other way practically open to them. The statute of contempts substantially pro- vides that one may decline to obey an order which a court has no power to make. A com- mitment for contempt and an application to the Supreme Court for a writ of habeas corpus is the only available means to obtain an ulti- mate determination of the question they made and had a right to make. They have made it accordingly, but the principal case in which it arose having been dismissed, the determina- tion by the Supreme Court has become unnec- essary. : A PROGRESSIVE PEOPLE. Industry Fair. J. A. Filcher, manager of the California State Board of Trade, has returned from Livermore, Alameda County, where he went to attend the mass-meeting held by the League of Progress. Since the league has been in existence its prominent citi- zens have done much to beautify the town and locality generally. Consequently the price of real estate has kept up to the standard, and in many instances it has in- creased a little. Shade trees of all kinds have been set out along the public thoroughfares, and in a few years Livermore will be one of the most ~ picturesque towns in Alameda County. 3 The people turned out to the mass-meet- ing in large numbers, and the meeting | place was filled to the doors. An overflow | meeting was held in the street. | The league’s members promised to make a fine exhibit at the home product exposi- | tion to be held in San Francisco this com- | ing fall. MARCEAD DRAMA ENDED The Colonel Withdraws all Charges, and Himself Receives $30,000. ! Baby Marceau Given Into the Custody of Mrs. Herbert Hall by ! Mutual Consent. | fore, be but to do an idle thing. | The sccusation, generslly stated, is that| | Siebe was guilty of perjury when, in 1895, he | | made oath that he had assessed the property of the Market-street Railway Company at ifs full cash value, according 1o the best of his | judgment, information and beliei. He swore | tbat he had done what every Judge swears he | will do—decide according to his best judg- | ment. Jn the aflidavit upon which the war- | rant of arrest was it is charged that, | f that company was 500,000, Siebe had as- | ,000,000, and, more- | sessment su “knowingly, willfully and corruptl The substance of -this when analyzed is that | Siebe, as_Assessor, had decided that property | worth $17,500,000 was worth no more than 000,000, and, moreover, that. he gave this jor “knowingly”’—that is, that he knew what he was about when he gave it; “will- fully”—that is, that he did it on purpose; | “corruptly”—thsat is, that ke hada design to | thereby acquire some advantage, either for himself or some one else (Penal Code, section | 7, passim). But what particular advantage | was to be thus secured—whether it was an ad- | vantage for himself or for another, whether it | was pecuniary, political or social in char- | scter—is not stated or attempted to be stated | in the accusation, t should have been if the | purpose of the affiant was to thereby add | another ang specific charge to the charge of under-valuation otherwise already set forth. | 1t was no doubt supposed that the mere fact | (distinctly set forth in the affidavit) that prop- perty worth $17,500,000 hed been set down on the sssessment roll as worth less than After three months of ceaseless litiga- tion the curtamn has finally been rung down on the divorce suit drama of Colonel Theo C. Marceau against his wife. By the terms of the compromise the photographer agrees to withdraw forever the sensational charges mude against his | wife when the suit for divorce was filed, and the wife consents to the return of $30,- | 000. a sum advanced her by her husband in the dove-cooing stage of their marital | felicity, | ‘When Colonel Marceau married he was in possession of a snug fortune. Shortly afterward several mortgages held by cer- tain persons on some of Mrs. Marceau’s property_in Fresno matured and he natur- ally orfered to take them up himself. In ! this manner he became his wife’s creditor. Appreciative of his generosity, Mrs. ! Marceau insisted that her own large in- come should be devoted to the expenses of the family, which included foreign travel on a large scale. Had not Marceau and his wife kepta joint financial account the complications which have so long delayed the settlement | of the suit would have been avoided and | their affairs settled long ago. Arrangements as to the future custody of the child were completed last week, | lection. su.ooom .DOO11 ,lr;t;us!i:‘:élr l‘{mwflefidt-‘:rmbldign | when with the consent of both parents | On Ahe Bar i - How could an under-| Bapy sMarcean was transferred to the care | valuation so marked as that be honestly | :'Xro “Herbert Hall, who has been ap 2 v could the &) t omission of | Of & S’,g‘,flf mg,‘&\)ac&‘;o out o;"‘,’;’i?',‘éo&fiof; “’(',‘o‘,’,, | pointed by Judge Slack as the littie one’s the tax roll be reasonably accounted | permanent custodian. Both Marceau and for as having been the result of a mere | wife are to have equal rights as to visiting League, Pbheenix Club, Bear Club, Howard ! Club, Eagle Club, Thirty-fourth District | Club, Italio-American Republican Club, | Thirtieth District Club, Young Men’s Re- | { rubiican League and North Beach Repub- i { can Club. | The clubs will take position on Mission | and Howard streets, near New Mongom- ery. The column will enter Market street | at'the Palace Hotel and march directly to | the Pavilion. The Enterprise Republican Club of the City will farnish their own special fea- | | tures and fireworks. Many bands of music | | have been engaged for the ratification. H The demonstration promises to be one of the largest and most enthusiastic ever held in this City. No doubt some of the build- | ings along the line of march will beillu- minated. PROVED AN ALIBL | Charge of Robbery Against Richard Murphy and Thomas Barnes Dismissed. | : Richard Murphy, letter-carrier, and | Thomas Barnes, blacksmith, were arrested jlast Sunday morning on the charge of robbery. Thecomplaining witness against | them was Fred Marlow of Fruitvale, who | charged them with robbing him of $46, at { | Leavenworth and Broadway, about 5 e | | o’clock Sunday morning. =1 The case was called in Judge Low's “The Traffic Association has prepared a | Ut Monday morning, but Marlow failed comparative tariff, which will be found | {0 appear. The Judge continued the case interesting, as it shows the new ratio in | till yesterday and issued a bench warrant freight rates between the formerly dis-; iOF Marlow's arrest. 1 puted points. Until the recent victory | found, and yesterday the Judge decided was gained, San Francisco paid much | t0 80 On with the case witbout him. Both mcre than either Chicago or Kansas City. : defendants were able to establish a com- Here is how matters now stand, as ex- | Plete alibi, and the Judge dismissed the pressed in cents per 100 pounds: case. S W e IHHERVIO BANNOJ 00T WHA SLNHO NT The police want to find Marlow. of so much money. He toid Policeman Peters on Sanday that he got the money from his brother, who works on Morosco’s ranch near Fruitvale, but his brother de- nies it. Mariow was arrested on December 12 last by Sergeant Mahoney of the harbor police for grand larceny. The charge was afterward reduced to petty larceny, and on December 19 Judge Joachimsen sen- tenced him to six months in the County Jail. He was only released a few days ago. I = 3 [ Congregation Sherith Israel. The closing exercises of the Hebrew and re- ligious school of the above congregation wili take place on Sunday next, June 21, at7:30 PN This being the first time in the history of said school that the sdvanced pupils have fin- ished the reading and translationsof the main prayers of the Jastro ritusl, an_extraordin: and highly interesting programme has been prepared, consisting of Hebrew and English recitations concerning the Day of Atonement, sccompanied by appropriate poems, quotations and sacred musiec. At the close of the exercises gold medals and & number of prizes will be awarded to the most deservin, ifll}pfll. All are cordially invited. a1 0 HiLgL|091 95t 79 a8 |¥6 | vt 01t s £ E Z 3 z 3 # | voueTt| avtn o8 a8 Y9 | Hiah |69 o AL | %06 | 8L | | In Franceitis decided that the makers ! of bicyeles are responsible when an acci- 2 — | dent occurs through & structural faultina The term Utah common points embraces | machine. [1 oy Marlow could not be | was robbed of $46 by two men they want | him to explain how he became possessed | oversight, or a mistake honestly made? These considerations plainly embody the idea upon | Which ‘the acchsation was really founded: | they constitute the striking feature of wrong- doing apoearing upon the face of the affidavit, | one which, I confess, profoundly impressed | me at the time when I issued the warrant of arrest. And here it ought to be understood | by every one who looks into tnis opinion for | honest purposes that no accusation of | | bribery has been made, or is under in-| vestigation here—no affidavit charging Siebe | with that offense has been presented | {as yet. It is true that Mr. Clunie, who has conducted this case with zeal and ability, has repeatedly asserted in speech here | that he was confident tha if he could get hold of certain books in possession of thiscompany | | he could prove that Siebe had been bribed to | | make the alleged under-valuation; he has ac- | cordingly attempted to compel the production | of these books before the court, and 1 have supported his sttempt with whatever power I | had. We have so far failed to obtain an in- spection of these books. In the attempt to e force their proauction I have considered it | circumstance not a little embarrassing that, while the avowed purpose in hand was to thereby prove the offenseof bribery, there was in fact mo distinct accusation of briery pending here; notwithstanding that circum- stance, however, 1 have pressed the effort to entorce the production of these books to the extreme limit of my authority—have, in fact, overstepped the line which ordinarily protects private affairs from exposure. I have done | this because, in my judgment, these books ma: | be fairly characterized_as not absolutely pri- | vate but s quasi public. They are not tbe books of & corporation which is strictly a pri- | vate corporation, but of & corporation which {is quasi public— certainly has a public | side to it—a m;?onlion in wnich the public has a fecognized interest—a corporation which | exercises a franchise over the public streets of | the City; and though I know of no adjudi- | cated case which has announced such a dis- | tinction my own view was and is that in such | a condition there should be a relaxation of the | recognized rules apolicable to the production | | of strictly private papers. I remark, again, | however, that no distinet accusation that Siebe had been bribed in this business has been as | | yet made or is pending for consideration here, | and it is but fair 0 mm to add that 1 have | heard no testimony which would justity me in | holding that he had. [ Irrespective of precedent and authority, presently to be sdverted to, his power is “the | | | wer 10 hi and determine,” and therefore itis in its nature and essence judieial power. | Should he take a bribe to influence hisde- cision he would thereby commit a erime for which he might be prosecuted as a felon, and 0 may a Judge who agrees for & bribe; in that | particular condition a personel responsibility i ‘would attach to the Assessor and to the Judge —not, however, for the decision given but for agreeing for a brive. Aside m this a decision upon & question of value pronounced | by an Assessor is not distinguishable from such a decision pronounced by a Judge, for such a decision rendered by either is but the authoritative exercise of judicial power for AD erroneous exercise of which in a particulsr | case neither the Assessor nor the Judge would | incur personal responmsibility. The civil re- sponsibility of an Assessor because of a sup- | posed wrong decision he has made in fixing | {llne’h has iwmel‘fl'ne!bbeen asserted in suits Tought against him by private persons sup- | gollng themselves to hue’gen injured there- v, but so far as I have observed the plantiff has uniformiy failed on the ground that in | making the assessment complained of the As- sessor was in the exercise of judicial power, and therefore not personally responsible; surely the same principle mustavail to protect him from a criminal prosecution. 1 have not yet seen a reported case in which a criminal prosecution in any form hasever before been set on ‘Wl‘nfi“n“ an Assessor be- cause of a decision le by him in fixing values for purposes of iaxation; so far as judicial proceedings- appesr to have gone it would seem that such a decision was never before characterized as a crime by any court of “What never was never ought io be,’ should be applicable to this case if to any; if practicable it it and having it brought to their respective homes. No mention of a divorce between the rties to the suit is made, but as they oth have expressed a determination for- ever to live apart, the general impression is that in due time a suit of an amicable nature will be brought. Meanwhile the colonel, it is understood, will continue to conduct the photograph business and his wife has taken a long lease of the house on Ashbury Heights, | where she now resides with her young son, Allen Fiske, and her father and mother, Mr. and Mrs, Fisher. | It is said that she intends to leave for the East shortly to spend t:e summer at | the home of her parents, but she has made | no definite statement as to her intentions. | A PAINTERS' BOYCOTT. Union Journeymen in Trouble With J. Quadt — Four Members Were Expelled. The meeting of the Painters’ Union last evening was decidedly interesting, and re- sulted in the declaring of a boycott on one paintshop and the expulsion of four men from the union. Both actions have been on the tapis for several days. A week ago | it was reported that a number of boss painters were about to reduce the wages of their workmen from $3 to $2 per day. A committee went to all the shops to learn the facts, and last evening the members reported that the majority of the bosses | are paying union rates aud are friendly o the union. There was one exception, Jobn Quadt, whose place of business is in the St. Nicholas block. It was reported that he not only refused to recognize the union. but was cutting wages. It took the paint- ers but a short time to declare a boycott | upon Quadt’s shop. This means that no | union man can handle any paints or other materials from that shop. Furthermore, | the Paper-hangers’* Union, which is a branch of the painters’ organization, will refuse to handleany paper from that shop. The secretary was instructed to write to Campbell & Co. of New York, who are supposed to be backing Quadt, and inform them of the boycott on their goods and materials on account of Quadt’s attitude to org;nized labor. It is ho) that the New York firm will take a hand in the fight in the interests of their s. ‘o-day the men 1n Quadt’s shop will be ordered to walk out. Those who belong to the union rerusing to answer the sum- mons will be severely dealt with. The union then took up the cases of four members found guilty of violating union rules by working for less than the standsrd rate of wages. These are W. | Cowan of Berkeley. Emil Hoffman of 1521 Webstex street, R. McNess of 206 Franklin | street and William H. Wilson of 2?]4’% | Thirteenth street. They were expel from the union. At the next meeting the election of of- ficers for the ensuing year will take place. More Mission Buildings. A two-story building, to consist of two stores with flats above, is being erected by Con- tractor Mitchell for P. Deeney oa the north- east corner of Twenty-second and Bartlett streets. Work is progressing rapidly on the building, which when in the neighborhood of $2300, - wa G HIS CONDUCT T0 BE. INVESTIGATED, Serious Charges Made Against Attorney M. M. Foote. THE BAR ASSOCIATION Will Soon Probe Into the Mys- teries of the Morris Lubeck Case. ADVICE WAS NOT GIVEN FREE, A Counselor-at-Law Falls the Vic- tim of His Own Advertising - Dodgers. M. M. Foote, the altam‘ay, 1s about to be | subjected to the cathode ray of judicial in- vestigation by his fellow-members of the Bar ‘Association. Let it not be umierstood that it is W. W. Foote, the eminent attorney and Demo- cratic politician, who is to go through this ordeal, but his brother, ‘“Inverted” Foote, as he is better known, his initials being M. M. instead of W. W. Well, “Inverted’’ Foote has brcught heaps of trouble upon himself through a client, one Morris Lubeck, who loans money on collateral security for every dollar he loans out, and makes a charge for interest based principally on what the victim will stand. l Lubeck loaned out nearly $1000 on the | unsecured notes of a man he believed to | be as good as gold. This paper matured ! and it was protested. Then Lubeck en- | gaged Attorney Rosenthal to enforce col- The latter, however, was not prompt enough to please Mr. Lubeck, who listened to the persuasive arguments of Atrorney Foote, who advised him to | take his affairs out of Rosenthal’s hands and put them into his. Lubeck did this { after gazing upon the walls of Mr. Foote's office, decorated with advertising posters sayn ADVICE FREE. OPEN ALL NIGHT. Between these two lines in each case, a | cheap stamp of the attorney’s face was | displayed. From time to time, however, after get- ting Lubeck’s business, Attorney Foote | made demands upon him for expense money, conrt and shorthand reporters’ fees and a thousana and one other petty affairs that must be paid if one cares to in- dulge in litigation. In all, Lubeck paid Foote some $55 and awaited results. The cases progressed to the extent of two suits being brought in the Justices’ Court and one in the Superior Court, where they are still pending for the matter of that, no decision having ever been given. To bring these smits, Attorney Foote paid as | | much as $13 out of the $55 he received. But Lubeck did not care so much for that. What angered him and caused his withdrawal of clientage from Attorney Foote was the fact that while the latter was thinking matters over ihe sued party had eight months to sell out all his proverty and make an exit for parts unknown, pre- sumably Germany. The result is that the $1000 worth of | notes held by Lubeck are not worth the paper they are written on. In this dilemma Lubeck sought the ad- vice of Attorney James K. Ross, who, at the instigation of his new client, has formulated charges against Foote, setting | forth certain acts contrary to the ethics of l the profession as accepted by: the Bar As- sociation. | ‘W hile said charges were being compiled | Attorney M. M. Foote brought suit in the | Justices’ Court against Lubeck to recover $187 attorney’s fees for advice. Three days ago Justice Groezinger decided in favor of the defendant, Attorney Ross | showing as his chief evidence Mr. Foote’s advertisement dodgers offerihg “:dvice! free.” | Some of the other evidence developed a phase of character not unusual with men in Mr. Lubeck’s business. It appears that he was very anxious to know how his, cases were progressing, and he called at | least once or twice each day on his attor- | ney to ascerta In his bill of charges | going to make up the $187 claimed by Foote the latter charged his client with $5 for each visit. The more serious charge, however, in the complaint filed with the Bar Associa- tion by Attorney J. K. Ross and Mr. Lu- beck, is that either Mr. Foote or his clerk yielded to a monetary consideration at the hands of the debtor, who was allowed to escape. Testimony to that effect was pro- | duiced in the Justices’ Court when Lubeck won the case. *1do not know anything about a dis- | barment proceeding,’”’ said Mr. Foote last night. “Isuppose I have many enemies who are capable of attempting such a thing, but for the life of me I do not know | who it can be unless that client of mine, Lubeck, has got his back up. “I brought five or six suits for him, and bad a fee of $187 to collect. I had much difficulty in getting a financial recognition, and finally brought suit. “He has laid himself liable on several occasions to prosecution for libel if I had seen fit to press the matter. Heisa close- fisted dog, anyway, and what he may say or do will have no effect.” CALIFORNIA CLUB'S RACE. Entries and Handicaps for the Big The Caiifornia Cyeling Club will hold a five-mile handicap roadrace across the bay next Sunday. for which there 1s a big entry-hist. The ride will be .commenced hali-way between San Leandro and San Lorenzo, along the backstrétch of the triangle to the Haywards road, finishing in Haywards at the cormer of Grace street. 1 The entries and handicaps are as fol- ! lows: E. M. Boyle, C. Mayer, J. Green, 2 minutes; M. Griffith, G. W. Thomas, J. D. Cardinell, D. Snedeker, 13{ minutes; A. W. Green, C. B. Thorp, F. B. Robbins, D. E. Noggles, G. Kop- n, 124 minu F.1. Norton, J. Van D B e minutess O Reel, W Sangster, F. Joost, 1 minute; W. Dohrmann, A. Theisen, J. Wall, 40 seconds; A ds W. Klotz, R. A. Coulter, F. Hansen, 20 sec- onds; H. Sternberg, C. Bi P. 2 berg, rdsall, P.G. Alex | l i i { |COLORED DRESS i |THIS WEEK. NEW TO-DAY—DRY GOODS. OUR GREAT SACRIFICE CLEARANCE SALE! CONTINUES WITH SENSATIONAL REDUCTIONS. It would be impossible to exaggerate the importance of our Great Sacrifice Clearance Sale to any one having any immediate or prospective need of anything in the Dry Goods or Cloak line, as the FORCING-OUT PRICES qubted are not restricted to any particular department, but are general, and enable supplies to be replenished with stylish up-to-date goods at reductions that are illustrated by the following examples of THIS WEEK'S MARVELOUS ATTRACTIONS! GLOVE DEPARTMENT! 100 dozen LADIES' 2-CLASP PIQUE GLOVES, regular value for' $1 50, will be offered at 95¢ pair. SILK DEPARTMENT! 2006 yards FANCY SILKS, regular price $1, $1 50 and $2, will be placed on our eenter tables and closed out at 50c a yard. BLACK DRESS GOODS DEPARTMENT! 1000 ysr(liis 49-INCH FIGURED MOHAIR, regular price $1 75, will be offered at $1 25 ayard. CLOAK DEPARTMENT! 2000 LADIES' IMPORTED CAPES, will be offered at $1 50, $200, $2 50, $3, $330, $4, $5 00, $6 00, $7 50 and $10 00.- These goods are offered at exactly half price. GOODS DEPARTMENT! At 15 Cents. 98 pieces «-g.\'CH ALL-WOOL MIXED CHEVIOT SUITING, reduced from 50c to 15ca yard. LAt 35 Cents. 51 pieces 50-INCH ALL-WOOL LADIES’ CLOTH, in plain and mixed, reduced from 75¢ to 35¢ a yard. LADIES’ WAISTS! At $1.00. LADIES' FANCY CHECKED SHIRT WAISTS, detachable collars, in pink and blue, regular price $1 50, will be offered at $1. At 81.4 LADIES’ FANCY STRIPED GRASS LIN price $2, will be offered at $1 40. O. ‘WAISTS, detachable collars, regular At $2.00. LADIES’ FANCY PERSIAN LAWN WAISTS. bishop sleeves, detachable collars and cuffs, rezular price$2 75, will be offered at $2. HOSIERY! 20 Cents HOSIERY ! PPexr Pair. | At LADIES' BLACK LISLE THREAD HOSE, extra-nigh spliced heels and double toes, regalar price $4 per dozen; reduced to 20c per pair. CORSETS! CORSETS! At 860 Cents. | LADIES’ SATEEN CORSETS, extra long waists, high bust, two side steels, perfect fit guaranteed, wortn $1; reduced to 60c. THIS WEEK. S s Great Sale of Table Damask, Odd Table Cloths, broken lots of Napkins, and remnants of. Toweling, Towels, etc., etc. Special Sale of Fine White Lambs’ Wool Blankets, with slight imperfections of manufacture, at half their value. MURPHY BUILDING, Markel Sireel, corner of Jones, SAN FRANOISCO. - “Big as a Barn Door.” tleAx PLUG For 10 cents you get almost twice asmud:; “Battle Ax” as you do of other high grade goods. Before the days of “Battle Ax” consumers paid 10 cents for a small plug of the same quality. Now, “Battle Ax"”—High- est Grade, twice the quantity. That's true economy. 'fl. I | | | l