The San Francisco Call. Newspaper, July 13, 1896, Page 4

- THE SAN FRANCISCO CALL, MONDAY, JULY 13, 1896. ——— e R e e e e e R DEATH ENDS A~ | MERCED FEUD Elmer Bolles Shot and] Killed by Young Rix Shafer. TRAGEDY ON A STREET. The Elder Man Renews a Quar- rel and Ignores the Other’s Warning. i | { i i FOLLOWS HIM AND IS SLAIN. His Dying Words a Denunciation of the Youth Who Took his ! Life. | S ) | MERCED, Car., July 12—Elmer Bolles | was shot and killed by Rix Shafer this | morning at 8 o'clock. The trag- | edy followed a quarrel between the two men. The trouble bezan last night, | when, after a war of words, they came to | blows. Bolles was the larger and stronger | man and Bhafer ran from him and started for his home. This morning they met on | Front street. Bolles bad been drinking, and from the story of witnesses he ap- | peared to be the aggressor and insisted | upon taking up the quarrel of the previous evening. Shafer told Bolles to atiend to his own business, an warned Bolles that | he had a revolver with him and, if neces- sary, would use it. Bolles called him a coward for carrying a revolver and threat- | ened to whip him when he met him with- | outone. Ehafer then left him and walked down the street. 1 Bolles stood for a moment watching | Shafer and then started down the street in | the same direction. He soon overtook Shafer who, without further talk, turned and fired. The builet struck Bolles 1n the | abdomen. They were about fifteen feet apart. - The wounded man reeled and staggered to the edge of the :idewalk, where he sat down. Shafer returned the | revolver to his pocket and walked away. Constable Mack, who was some distance | down the street at the time, came running | up on hearing tie shot. Shafer immedi- ately surrendered and was taken to jail | Doctors were sent for and every effort was | made to save Boiles' life, but he was bleed- ing internally and nothing couid be done | for him. He died m about thirty min- | utes. Before I'ix death he made a state- ment to the oflicers declaring that he had been shot by Rix Shafer and that he had | done nothingz 10 provoke the shooting. 1 Bolles had been employed as a laborer in this locality for some time and was re- | garded asa troublesome character while | under the influence of liquor, although good-natured encugh when sober. When | in his cups he delighted in exhibiting his | great strength. Young Shafer was raised | in this city, where his parents and other relatives now reside. He has neverevinced | a desire for hard work, and has generaliy | been considered as posing for a reputation | asa bad man. Although often in trouble | this was his first serious offense. He has generally been haunting the streets and saloons, and has been known to make threats of what be would do to | people who came nnder the ban of his dislike. The body of Bolles was removed 1o the | morgue, and the coroner summoned a jury which met 2t 11 o’clock and viewed the re- mains. The jury then adjourned until Tuesday evening, when the examination will be held. In the meantime an autopsy will be held upon the body. A brother of the dead man, Robert Boiles, is living at Turlock, and other relatives are resident at Potosi, Wisconsin. Young Shafer had been enczaged 1n an altercation with another man earlier in the morning, during which he was struck on the head with a bottle. His adversary ‘Wwears mourning on one of his eyes, where Shafer afterwards struck him with a brick. HILLSBORO'S SENSATION. Congressman-Elect Tongue Accused of Conspiracy and Unprofessional Conduct. HILLSBORO, Ox., July 12.—Zeera Snow of Portland and 8. B. Huston of this city have brou_ht suit in the Circuit Court of Washington County against Thomas H. Tongue, Congressman-clect for the First| District; Jack-on Monroe, and James Im- | brie, clerks of Wushington County. In the complaint filed Tongus is charged with having conspired Monroe and Imbrie to defraud the plaintiffs out of a one-half interest in a judement for $2800. The judgment stood in the name of Jackson Monroe, but the complaint alleges that Tongue was fuily advised of plaintiffs’ | ownership of a portion of the same, It is‘ also alleged in the complaint that Tongune is the owner of a second mortguge on a piece of land on which the judgment was a prior lien, Snow and Huston claim although fully advised of ti the judgment, colluded and conspired with Monroe. and induced him, for a con- “ideration, to satisfy the judgment for the “<rpose of defrauding the plaintiffs of w3irinterest in it, and also for the pur- pose of letting Tongue’s mortgage in as a prior lien. The most serious complication in the charge, however, is the allegation that litigation over this judgment was still vending, and in suchlitigation Snow and Huston represented Monroe, while Tongue represented Elith Monroe. The claim is made that Tongue bas been also guilty of unprofessional conduct. — ANCHORED AT SAN DIEGO. Return of the Gunboat Alert From South American Waters. SAN DIEGO, Car., July 12.—The gun- boat. Alert arrived yesterday from Corinto, and after taking on coal will proceed to 8an Francisco. Aside from a fouled bot- tom, which 1s the resultof a cruise of a year and a half in the tropics, the Alert is in good condition, and the officers and crew are well. The vessel was injured ina coliision in the harbor of Guayaquil last Beptemoer, and $10,000 was spent in re. vairs. Beyond this there was no bad luck on the cruise. Au officer of the Alert said: ““We left Callao the last day of Decem- ber and had made Acapulco and were ex- pecting to soon be in God®s country when we received orders to return to Corinto and be on hand for any trouble during the usual revolution. We were there in com- pany with the British gunboat Comus, and took part in the protection of prop- erty after the evac of the ‘port. that Tongue, neir interest in | to get home. | formerly Lieutenant Baker was in charge of the fifty men who were sent ashore from this ship. A like number were sent from the Comus. The affair was substantiaily as reported in the correspondence from Cor- into. It reaily didn’t amount to much. ‘We saw only the tail-end of the thing, and witnessed the attempts of the refugees to escape. From Corinto we called at every port on tha wav up, and we are all crazy The Alert will be docked and scraped, but otherwise she is in good shape.” e SEWALL’S BRUTAL NEPHEW. 4 Bark Owner Accused of Having Tor- tured Seamen. SEATTLE, Wass., July 12.—Vice-Presi- dential Candidate Arthur Sewall has a very brutal nephew in the person of Cap- tain Benjamin R. Sewall, master and owner of the bark Benjamin Sewall, if the testimony of a dozen or so of sailors is to be believed. Last month Captain Sewall was tried, with Mate Smith of the Sewall, before the Federal Court in this city, for extreme brutality in having beat and abused Seaman Milles until the sailor, in order 1o escape their torture, jumped over- board when the vessel was far out in the Pacitic and was drowned. ‘ The jury brought in a verdict of guilty against tie mate, but found Cavtain Se- wall not guilty. The mate was sentenced to one year's imprisonment and to paya fine of $1000, wherenpon Smith declared thatif he had suspected such a fate he would, in his testimony, have told the truth ratber than shield Sewall, who, he asserted, was in reality the guity one. e R SPOKANE DIVORCE SUIT. Rudolph Gorkow Accuses His Actress Wife of Cruelty. SPOKANE, Wasn., July 12—Rudolph Gorkow, a wealthy brewer, has com- menced suit for divorce against his wife, Helen Edmunds, a variety They have been married eight months. He charges her with cruel treat- ment. Gorkow a few years ago was sued for $10,000 for breach of promise by a va- riety actress and had to pay judgment for that amount. PORTLAND DAMAGE SUT, Emily House, a Schoolteacher, Alleges Defamation of Character. actress. Discharged Frcm a Position Because Accused cf Reviling Ameri- canism PORTLAND, Or., July 12—Emily House, the English woman who recently lost her position as teacher in the school between Sandy and Fairview, because, it was said, she taught an un-American doc- trine to her pupils, has filed suit in the State Circuit Court against Andrew Henn for $12,000 damages. Henn was instru- meutal in causing Miss House to lose ker position, and she avers that he slandered her and defamed her character, and has hu:t her standing and reputation as a teacher. There are four distinct and sepa- rate causes of action, as set forth in the complaint, and on each count $3000 dam- | ages is asked. The trouble was all caused, so the plain- tiff says, by Henn accusing her of telling the school children that the history of this great American Republic was all lies, and by otherwise conducting herself in an un- patriotic manner. The first $3000 charge that Miss House makes against the defend- | ant is that in February, 1896 ne spoke of her in the presence of numercus persons, in the following terms: ‘“‘She 1s nothing but a traitor and is tegching high treason.’’ The second charge is that Henn, on &n- other occasion, said: “She teaches the children that the his- tory of the United States is all lies; and that is bigh treason, and she is insane, or | nearly so.”” On’ M y 23, while testifving in a case in y the Justice Court for the Powell Valley | | District, the plaintiff says Henn again stated that she taught the children high treason, and that this answer on his part was not respousive to the question pro- | pounded to him, and his statement was | made with malicious intent to injure her. S Vo sy FRASER RIVER GOLD. San Franciscans Reaping a Harvest From the Black Sand. { VANCOUVER, B. C., July 12.—It has been known for a long time that the black sandof the Fraser river contained a large quantity of gold, but there was no Cana- dian_company-of sufficient capital or en- terprise to work the sand in quantities. At last the New Westminster Board of Trade invited a number of 8an Francisco capitalists to establish a_black sand pul- verizing works in New Westminster. On the strength of this invitation a company was formed in San Francisco. The com- pany’s works have been running night and day for a short time,and have treated 250 tons of sand scoope(‘ from the Fraser, ex- tracting therefrom $800 in flake gold, or $30 worth of ¢old to the ton. As the black sand of the Fraser is limitless, 1t is prob- able the company will reap a rich harvest of gold. 1t is purchasing $20,000 worth of additional machinery. it ek Will Hold a Hulb Show. SAN JOSE, CaL., July 12.—The Santa Clara County Floral Society will hold a bulb show in this city next February or March. It will be the finest affair of the kind ever beld in the State, and will do much to further the cultivation of bulbs. LAST MASS AT AGUA CALIENTE, Camp Montgomery Deserted by the League of the Cross Cadets FALL OF A WHITE CITY. | Tents Come Down as Though by Magic at a Word From the Commandant. END OF A PLEASANT OUTING. The Saber-Bearers Reluctantly Take Up the March to Their Homes. Camp MONTGOMERY, } LEAGUE oF THE Cross CADETS, AGuA CALIENTE, CAL., July 12 This was the last day of the encamp- ment. An immense crowd arrived on the morning train from San Francisco, and the visitors saw a camp that had not de- creased a particle in its picturesqueness from having been occupied eight days. All the streets were clean and all the flags flying. There were as many ladies in camp to-day as men. Many parties brought their luncheous and picnicked under the trees. Military mass was sung, beginning about 11 o'clock, Rev. Father McDonald officiating. A temporary altar was erected and the troops assembled before it in two right-angles, forming a hollow square, at the open side of which was the altar. Many people wera present from the sur- rounding country. A hunge canopy over- spreada the congregation. At the conclusion of mass Rev. Father | P. C. Yorke delivered a short sermon. He took his text from that chapter of Mat- thew in which the Lord is addressing the people, saying, ‘‘Ye cannot get grapes from thorns nor figs from thistles.” Fatber Yorke said that when Jesus uttered those words he was traveling through Palestine, a country in many re- spects much like California. It was a | fruit-raising country, and the Lord spoke | to the people in a language they could un- derstand by making illustrations from things in their daily life. As Jesus had sald to the people, *‘Not every one who says Lord, Lord, shall enter the kingdom of heaven, but he that doeth the will of my Master, which is in heaven,”’ so Father Yorke said, in addressing the young men, tbat he who at this time would enter and attend divine worship. He mustobey the law o the Master. Work and not words would earn the kingdom of heaven. Father Yorke in bis sermon compl- mented the cadets on their gentlemanly conduct while in camp. At 2 o'clork this afternoon the bugle sounded and then the cannon roared. It was a signal for lowering “Old Glory,” which has waved over th- camp from the first day. Nextall the tents were pulled down together, and when the whole city fell to the ground cheers from the cadets rent the air. Where a moment before there were rows and rows of tents, now a carpet of white canvas covered the earth. The vacking of personal effects was quickly completed, and then with knapsacks and | blankets on tneir backs, and their sabers shining in the sun, the cadets had a tinal dress parade. It was the most imposing one of the week, as every cadet was in the | ranks. When the long excursion train | stopped at the camp cadets and visitors jumped aboard, and the camp which had een the scene of so much activity for eight days became a barren and deserted scene. A small rear guard was left behind to pack the freight. he tent known as “The Four Angels” won the first prize of $7 50 for the best- kept tent during the encampment in Com- pany A. The tent was occupied by Cor- ral Robert Steele and Privates “Jack’ Jorkery, Frank Hogan and Ed McSorley. The second Company A prize of $2 50 was awarded to the tent placarded “De Bow- ery.” It was occupied by Corporal P. H. McCarthy and Privates Walter Young, Ed Moore and Richard O’Connor. The competition in Company I for the best- kept tent resulted in a tie and the $10 prize money was evenly divided. Cor- oral Frank™ Hicks and Privates William cCarthy, Herman Yerg, John Riley ana William Cain occupied one tent, and Cor- poial John Raaford and Privates Joseph Ward, Dan Reardon, George Merrill, Alex- exander McNeil and Charles Lyons the other. There was much rivalry to secure prizes. About fifty visitors, most of whom were ladies, came out to Camp Montgomery on the morning train yesterday. hey spent the day stroiling around the camp and vi-. iting points of interest in the neighborhood. The Caliente Springs Hocel being still crowded and the accommodations in camp limited, before noon bunks on the hay in the neighboring barns were at a pre- minm. Yesterday the camp suffered from short | heaven must do more than wear the cross | rations for the first time. The number of vliimorl: was larzer than was d, though preparations were m tra_number, when the visitors had been served the ‘‘grub” was exhausted. The Tesult was that the officers and a few of the gnnu had to go foraging for their luncheon, 3 While the gallant Captain Haggerty was recliniug in the friendly shade of a liveoak tree chatting to lady friends yesterday morning, a crowd of cadets slipped up and Pounced on him. The captain was hound hand and foot amid much hilarity, Those who were not busy binding him stood around and whis- tled in the peculiar- way which signifies wind and whiskers, for the captain has Dot shaved since his arrival. Captain Haggerty was hifted up bodily and dropped upon a stretcher. e was then carried over to the tent of the camp barber, while the crowd followed behind, whistling. All that saved Haggerty's incipient whis- kers was thg absence of the barber. It was the intention of ‘‘de push” ‘to shang- bai or hang the barber had he 1efused to shave the captain. .. Oolonel Hooper, who lives in_the vicin- ity, entertained Father Yorke, Father Mc- Donald, Father O'Ryan, Father Lyons and Dr, A P, Mulligan yesterday after- noon. Among the visitors to the camp yesterday were “Whisky' M. H. Kelly of San Francisco and J. H. Seipp, president of the Trustees of the town of Sonoma. — Capay Valley Perjurers. WOODLAND, Car., July 12.—Constable Harnson arrived in this city yester- day morning from: Guinda, -baving in charge George A. Miller, the father of Dick and Matthew Miller. The prisoner was placed in the county jail. The elder { Miller was arrested on his ranch in the northern part of the county. He is charged with perjury, baving been one of the alibi witnesses at the trial of Stewart, who bas since contessed to the robbery of Postmaster Morrin at Rumsey, His ex- amination will take place at Guinda on Thursday, July 18. No complaint has been made against Mrs. Miller as yet, but it is rumored that her arrest is likely to follow in a few davs. NEWS GF MARE ISLAK Nearly One Thousand Men Now Employed at the Naval " Station. The Ringer Being Overhauled and Mcderniz:d—Pugzilist Shar- key’s Visit. VALLEJO, Car., July 12.—There are now nearly 1000 men employed at -the navy vard. Half of that number are in the construction department. Before the month ends there will be 1000 men ir: that depastment alone. The work ison band and needs to be doné. The Ranger is to have a complete overhauling. Engines are being taken out to allow the ship carpenters to puta new wooden skin on the inside of the huil. This will require much time. The Ranger, when complete, will be modernized in many respects, The new guns to be mounted are of an improved pattern. Months will elapse before the Baltimore can be repaired. The Concord has had its propeller removed preparatory to having new wood backing placed on the shaft hole. The Benriugton will by the middle of the week be ready for sea. A full com- plement of men is on board. It is not known whither the gunboat is likely to be sent. Admiral Kirkiand has been *‘under the weather” for some time, and his duties bave fallen upon the shoulders of Captain of the Yard, Barker, who brought the Philadelphia out froni the East, with the “Pride of the Navy,”” Tom Sharkey, on board. Captain Barker gives Sharkeyan A No.1 recommendation, as ving been one of the most reliable men on board, never having been called to the mast, and always responding to duty. When here a day or two ago Sharkey was received.n a royal manner. ROMANCE OF McMINNVILLE. Chance Meeting of a Son of John Brown and a Son of the Sheriff Who Hanged Him. McMINNVILLE, Or., July 12—Two men of historical conmections met by chance here during the Bimetallic Con- vention Thursday. As is the custom in all conventions in Oregon every delezate does his best to get acquainted with every other one, and all delegates converse with each other whether acquainted or not. Several were going about introducing a rather handsome man of 40 or thereabouts whom they called Mr. Booth of McMinn- ville. They would say of him: “Mr. Booth is the son of the Sheriff who hanged John Brown of Ossawatomie at Harper's Ferry.” This caused people to take more than a common interest in Mr. Booth, Finally Booth was introdnced to a man of excellent appearance, whose name was Salmon Brown. After the introduction Mr. Booth and Mr. Brown chatted very pleasantly for a minute or two. “Mr. Booth,”” said Mr. Brown, “‘was it our father who hanged John Brown at arper’s Ferry ?'* “Yes,” said Mr. Booth, i the time and it w ficiate at the execution. youors, I hope?” +'Only my father.” was the quiet reply. Mr. Booth and Mr. Brown sulud tpolyn quiet corner in the hotel and talked over old times for a half hour and shook hands cordially when separating. “He was Sher- his duty to of- No relative of . 7 S - /) 4 //7(”' contt ES - - 4 i rY L, QUEER ARREST AT SANTA' CRUZ Capitalist Cunningham Gets Into Court as a Cracksman. LOOTING HIS OWN SAFE. Employed an Expert to Secure Papers Kert From Him by His Partoers. FOILED BY AN ALERT OFFICER. Sensational Result of a Quarrel Botween Members of a Corporation. SANTA CRUZ, CAL., July 12.—The so- cial and religious atiractions of a Santa Cruz Sabbath were given the spice of a procedure in a Justice’s court against J. F. Cunningham and Jules Ny this morning. It was no common misdemeanor, but an offense against property—an attempt to crack a safe in_broaa daylight for a legiti- mate purpose. Whether or not a safe can be legally cracked is a question of law tvat will be considered first by Justice Gardner and probably afterward by Judge Logan of the Superior Court. That the safe was no: opened was due to the watchiulness of the officer, who permitted on'y an attempt before he placea the parties under arrest, and airected them to appear before the Justice. The Grover-Cunningham Mill and Lum- ber Company, whose safe Mr. Cunning- ham sought to open, is a corporation formed of the 8. F. Grover Company and the J. F. Cunningbam Company, both formerly engaged in the lumber and mill business, At the formation of the present corporation 1000 shares of stock were is- sued, of which the Grover Compauy re- ceived 495 and the Cunningham Company an equal number. The ten remaining shares were equally divided between J. F. Cunningham, J. W. Cunningham, T. V. Mathews, S. F. Grover and D, W. Grover, who formed the board of directors. At the June meeting of the board the dissatisfaction that has existed between the Cunninghams and Mathews on the one side and the Grovers on the olher re- sulted in the former, who formed the ma- jority of tbe buard, discharging D. W. Grover from his position as assistant mane ager and Becretary Williams from his po- sition as bookkeeper. The Grovers then sought fegal advice, and took the ground that this combina- tion of corporations \vas not a legal cor- poration, and, while the Cunningbam faction proceeded to change the locks on the doors of the buildings and quietly bar the Grovers out on occasion, the Grovers resorted to a scheme that greatly puzzled the Ounningtams. The handsome safe, into the door of which Jules Ny, the expert safe man drilled a hole this morn- ing, is the alleged personal property of the Grovers, and they placed the books and accounts of the corporation within its iron and steei walls and changed the combination. J. F. Cunningham was not to be balked by such trivial a thing as a safe locked with a combination whizh be did not know. He sent to San Francisco for Expert Jules Ny. Ny arrived last night, and at 7 o’clock this morning, while the town was quiet and peaceful, before the pleas- ure-seekers and church-goers had begun to fill the streets, Mr. Cunningham con- ducted the expert to the office of the Grover-Cunningham corporation and di- rected him to proceed to open the safe. Constable Joe Harveston was also there, with instructions from the Grovers to pre- vent the opening of the safe. Harveston warned them not to proceed, if that was their intention, but they heeded him not. Ny, under direction of Mr. Cunningham, proceeded to the drilling of a hole in the safe door. The officer stopped the work by the majesty of the law, and the parties repaired to Justice Gardner’s court. There Mr. Cunningham and Mr. Ny were charged with an offense against property, and the hearing of the case was postponed until July 20.. In the mean time the safe must remain unmolested by either persou. District Attorney Lindsay has been attor- ney for the Grovers, but his official posi- tion renaered it necessary that cther coun- sel appear for the civil interest of the case, and Judee J. H. Skirm was made attorney of record, while Senator Bart Burke ap- ared for the Cunning.ams, The de- endants were allowed to go on their own recognizance, as the case will be conducted ounly as a civil action. Walnut Creek suicide, WALNUT CREEK, Cav., July 12.—Mrs. General View of Camp Montgomery, League of the Cross Cadets, Bafore Tents Were Struck and the Homeward March Begun. | Juda Moisan, wife of a butcher here, was found dead in her room yesterday. She re- ceived a large inheritance from France, which is now deposited in & bank at San Francisco, Since then she had been drinking. Siaiai PACIFIC GROVE'S CHAUTAUQUA. * New’? Women Show a Lively Interest in 0Oid- Fashioned Cooking. PACIFIC GROVE, CaL, July 12.—The Chautauquan Assembly is now well organ- ized. Miss Kate Whittaker's cooking-class has a greater number of pupils than any of the others. This is a sign of the times showing that the “new woman,” notwith- standing her masculinity, is more inter- ested in old-fashioned housekeepin uz- zles than all the isms and ologies. ilton L. Lawrence’s childern’s singini-class is gmwing in favor aslso. The forum our yesterday was taken up by J. Kay Toles of Belmont, who lectured on “The Body and its Culture.” Agnes St. Clair Holbrook of Oakland lectured this after- noon to a large andience on ‘‘Social Settle- ments.” This subject was ably discussed in all its phases. A grand orchestral con- cert was civen by the QOakland Orchestra with A. T. Stewart as leader. They were sted by Miss Clara Safford, Mr. Law- ce, Miss Mast and others. Miss Mast is connected with the State Institute for the Blind and her ability, both vocal and instrumental, is phenomenal. S Kebekah Lodge Installation. SAN JOSE, CaL.,, July 12.—Stella Re- bekah Degree Lodge, I. 0. 0. F., has in- stalled the following officers: Tillie Ward, noble grand; Josie Bryan, vice granc; Lillian Fisher, recording secretary; Lizzie L. Coombs, permanent secretary ; Florence R. Bothwell, treasurer; Mrs. Nellie Col- ins, R. 8. N. G.; Mrs. Jennie Finigan, L. N.@.; Mrs. Alice Fisher, R. 8. V. G.; Clara Cothran, L. 8. V. G.; Mrs. Nellie Thomas, warden; J.J. Jacquelin, outside uardian; Della Blakeslee, conductor; rs. Isabel Bothweil, inside guardian; Mrs. Minnie Watrous, ehapla SN J0SE CELEBRATO French Residents Will Observe the Anniversary of the Bastile’s Fall. Patriotic Exercises, Dancing and Ath- letic Sports Included in the Programme. BAN JOSE, CAL., July 12,—The celebra- tion of the Fall of the Bastile by the French residents of Santa Clara County will open in this city to-morrow. The Swiss residents of the county bave been invited to participate and the celebration promises to be the most imposing and successful ever held in San Jose. In the evening there will be a display of fireworks &t Bicycle Park. This will be followed by a ball in the carnival pavilion. On Tuesday morning the celebration will open with a sunrise salate of twenty-one guns, In the forenoon there will be dancing at the pavilion. The after- noon will be given over to patriotic exer- cises, dancing and all kinds of athletic sports. A tombola of fifty prizes will be one of the features. The celebration closes on Tuesday evening with a ball. g LOUIS P. KRAFFT DEAD, The Lawyer Passes dway After a Brief Iilness. SAN JOSE, Oan, July 12.—Louis P. Krafft, a member of the law firm of Kit- tredge & Krafft, died at his home near this city this afternoon of heart disease after an illness of a couvle of weeks. The deceased was a prominent attorney and had a large civil practice. He was a native of [llinois, aged 53 vears. In 1880 he came here from Bellville, I1l. He has been as- sociated with the firm of Kittridge & Krafft since 1891. A widow and en aged father survive him. e Gathering of Catholic Clergy. SAN JOSE, CaL, July 12.—The annual retreat of the Catholic clergy of the arch- diocese of San Francisco will begin at Santa Ciara College to-morrow morning and continue until next Saturday. Arch- bishop Riordan and about fifty parish riests will be in attendance. Rev. Father Sardi, 8. J., of St, lgnatius College, San Francisco, will deliver the lectures. SR i Turn Verein Officers. SAN JOSE, Car., July 12—The Santa Clara Turn Verein has elected the follow- ing officers for the ensuing year: Presi- dent, Carl Melhoren; vice-president, Charles Goeckeritz; secretary, C. W. ‘Werner; treasurer, Julius Breith; trus- tees—George Lauck, A. Fischer and Peter Sassenrath; librarian, Chris F. Emig; commissary, Frank Emig. LAW OF PUEBLO LANOS City and County Attorney Cres- well Says the City Can Not Sell Them. City and County Attorney Creswell has advised the Board of Supervisors that the City cannot, under present existing laws, sell any of the pueblo lands remaining in its hands, and that, therefore, John Cen- ter cannot be forced tu pay the remainder of the purchase price of a portion of Mis- sion block No. 48, on which he was the highest bidder at a recent sale. Mr. Creswell's opinion is as follows: To the Honorable, the Board 1 Supervisors: The communication of Hon. Ado.ph Sutro, Mayor, to the Board of SBupervisors, under date of March 18, 1896, inclosing the form of a deed, shows the Iullowlnf facts, viz: That on December 2, 1895, a resolution was passed by the board (No. 13,301, third series) empower- ing and requesting the Mayor to seil by public auction, to the highest biader, all that portion of Mission block No. 48 belonging to the City, Iying and being in the bed of Mission Creek, and that the proceeds of the sale should be paid into the Chs treasury tc the credit of the Street Department fund; that under the authority of this reso. lution Messrs. O. F. von Rhein & Co. were appointed by the Mayor to make su sale, wnich was made after public uotice Juhn Center for $6400, who then paid 10 per cent of the amount of his bid; that thereaiter, on February 3,1896, the maiter of said sale having been reported to the board, & resolu- tion (No. 18,718, third s.vies) was passed. which recited the facts of i'ie sale, confirmed the same and empowered and requested the Mayor to convey the right, title aud interest of the City and County in the land sold to John Center; that a deed was prepared by the Mayor which purported to convey the title of the City and County in the land to Mr. Cen. ter, which he declined to receive and refused to '(flu ‘maining 90 per cent of his bia alleging in substance his willinaness to pay provided the City could give him her title to the land. The Mayor, in his ch 10 communieation board, suggests that an action for clfl? :h': formance commenced by the Citv against Mr. Center to compel him to accept the deed, pn‘pmd in consequence of the facts above n? ted and pay the balance of the purchase Tice. Under the law of the State tion 3304, Civil Code), “an agreement or the sl Stprog erty cannot be specifically enforced in ?:vor of a seller who cannot give to the buyer a title free frcm reasonable doubt.”” The question then i?"‘"" presents itself, Can the cnyfm to Mr. Center, at this time, a title tree f{rom reasonabie doubt? Ifsucha title cannot be given by the City, then such an action must inevitably fail. In my opinien the City cannot now give Mr. ST s, o lted InSiatn e ion of any person on the 1st day of Junuary, 1853, and therefore is & part of the residue of the pueblo lands which by the decree of Justice Field in the case of San Francisco vs. United States (4 Sawyer, 558 is held in trust “for the use and benefit of the inhabitants of the City of San Francisco.” It has frequently been decided by the Supreme Court of California “that the ténure by which the lands (pueblo lands) were held “‘ls of a fiduciary nature and could not be alienated except in accordance with the trust, and it was for the Legislature to decide how the trust should be performed.” (San Francisco vs. Cana- van, 48 Cal. 536.) The Legislature has never passed any act authorizing the sale of the whole or. nn{ part of the residue of the pueblo lands of thisCity and gounty, unless such power has been con- ferred by the act approve d March 27, 1{874.—: (Statutes’ 1873-4, p. 7110 Thie ach, in my opinion, confers no such power. Trueitau- thorizes and requires the Board of Super- visors, “under such rules and regulations as they may prescribe, to sell at public auction, to the highest and best bidders, all of sai Channel street and Mission creek from Ninth to Eighteenth streets, except such portions thereof as may be required for the purposes of the sewer and sireet” therein provided for. This_act was considered by the Supreme Court in fan Francisco vs. Eilis, 54 Cal. 72, and the record of tnis case shows conclusively that the title author:zed by the act to be dis- posed of was the title of the State and not the title of the City to the residue of its pueblo lands. The Legislature by the'act made the Board of Super\'gisnrl the medium through which the Siate would sell land then supposed to be owned by the State. Not until the decision of the Supreme Court of the United States, on December 21, 1891, in the case of Thomas Knight vs. United Land Association (142 U. 8. 161) and others, adjudging the Von Leicht survey of December 18, 1883, to be the eorrect survey of the pueblo of San Francisco, was it Kknown that these lands did not belong to the tate, The intention of the Legislature in the Ppassage of this act, ascertained from contem- fomncous history, was to sell land ihat be- ongs to the State, and not to grant a power to sell any part of the residue of the pueblolands of the Uity. The act cannot now be made to apply to the pueblo lands when it was not the iftention of the Legislature that it should ap- PIy to them. It must then necessarily follow that there is no law authorizing the board to sell any of the residue of the pueblo lands of the City, and as the land put up for sale at aunction 'by authority of the board and bid in by Mr. Center was & part of the resiaue of such pucblo lands, that the authorization for such sale given by the board was void. The author- ization to sell being void, the sale was void. The board not having had the power to meake the sale had no power afterward to ratify the sale that was made, because it could only ratify that which ii had the power to do. If Mr. Center should pay to the City the amount of his bid and receive a deed from the Mayor, in my opinion, he would not, in the language of the code, receive “a title free from reasonable doubt,” but would in fact receive no title atall. For these reasons a euit for_specific perform- ance, in my opinion, cannot be maintained by the City against Mr. Center as suggested in the communication of the Mayor. Before any valid sale of the residue of the puebio lands can be made it will be necessary to have an act authorizing any such sale passed by the Legislaiure. HARRY T. CRESWELL, Attorney and Counselor. MINED IN NEVADA COUNTY Where Richard P. Bland First Became a White-Metal Enthusiast. Handled Pick and Shovel and *Bunked” in a Cabin on Relief Hill. NEVADA CITY, CaL, July 12.—The Transcrint last evening said: Compara- tively few of our readers know of the fact that Hon. R. P. Bland, one of the promi- nent candidates for President before the Nationar Democratic Convention at Chicago this week, was once a resident of Nevada County. 1n 1857 “Dick,"” as all his acqueintances called him, lived at Relief Hili and worked in the mines. He also taught school fora short time, find- ing the latter occupation more congenial to his mature than tive laborious’ task of wielding pick and shovel. Consiable William Scott of this eity was mining on Relief Hill m those days and lived in the same cabin with Bland. This cabin was about thirty feet iong by twenty wide and built of double rows of logs. In one end was a row of bunks in which the men slept, the eabin being occupied by several miners, while a kitchen was located at the other end ofthe room. This was the rough domicile in which the future politician and statesman made his home for several months. After living at that place about a’year Bland drifted over to Washoe, in the Siate of Nevada. There he lived a few years, being on the Comstock when the silver excitement was at its height. There he formed the acquaintance of men who afterward became prominent, and ‘there he gained an insight into the importance of the silver-mining industry that inlater years caused him to appear as one of the strongest advocates in the halls of Con- gress in favor.of the white metal. 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