The San Francisco Call. Newspaper, August 8, 1896, Page 5

THE SAN FRANCISCO CALL, SATURDAY, AUGUST 8, ,1896* MeAULIFFE WILL FIGHT CHOYNSKI They Will Sign Articles To-Day for an Eight- Round Contest. | mence. YOUNG MITCHELL HAPPY The New Occidefital Ciub’s Offer Accepted by Both Principals. CHARGES OF BRIBERY REFUTED. Van Buskirk Telegraphs That He Has Signed Articles to Fight Jeffries. Joe McAuliffe and Joe Choynski are matched fora fight. Everything hss been agreed to by the pugilists themselves and their respective managers, and the signing of the articles will take place to-dsy at 5 P. M. in the club apartments over ‘“Young” Mitchell’s saloon. The fight will be one of eight rounds, and the principals are to receive €0 per cent of the gross gate receipts. It will be | let drive.” where it had been lavingly resting on the Mission giant’s shoulder, snd emphasiz- ing his interrogation with a shake of the band and head asked: ‘‘Why can’t you agree to fight eight? That will give you both a show to prove the mettle in you.” The veteran sportsman seemed imbued with the belief that if Choynski should show the white feather and run away from his protege during the fight his favorite cught to have at least several rounds in which to catch him. “Eight rounds suits me,’” replied Choynski, laughing at Barney's vehe- McAuliffe also signified his assent. Just at this juncture Eddy Graney, Choynski's manager, arrived. On being acquainted with the proceedings occurring during his absence he asked a few ques- tions and said if his charge were salisfied he was. The next item to attend to was the time of the contest. It took longer to agree to this than to anything else, but all finally reached the conclusion that the evening of the 28th inst. would be the proper time. Mitchell had blank forms ready, and he and Farley wanted the articles to be signed then and there, but for some reason or other Graney objected. “I promise you on my honor as a gen- tleman,” he said, “that 1f you will appoint an hour for the signing of articles to-mor- row, we will be here, and will sign them in accordance with the provisions we have agreed upon to-day.” All assented to this, and to-day at5 p. M., no untoward accident happening in the meantime, the men and their backers will assemble at “Young’ Mitchell’s saloon and sign articles. Barney went away with McAuliffe un- der his wing, well satisfied at the agree- ments reached. “1 am a good friend of yours, Joey,” he was heard to remark, as they passed out the door, *‘and when old Barney goes back on yon it will snow in the Torrid Zone.” Choynski, who remained a short while, was perfectly jubilant over the resuits of the conference. : Hardly had the footfalls of McAuliffe and Barney ceased echoing on the stair- way when he jumped into the air, cracked his heels together, and proceeded to spar at an imaginary opponent. “That’s the way I will take him,” he shouted, making s vicious upper-cut with his right, “and then I wiil come at him with my left and dance way so so.”’ “So s0” proved disastrous, for Choynski got tangled up in a chair and proceeded to fall in a heap, upsetting a cuspidor and shaking things up in general. As he rose with a grin, rubbing his knee where it had come in contact with the floor, he looked rather rueful and re- marked: “I will try a new tack, [ think. I will get a pair of sprines fixed on the heels of my shoes, and whenever I wish to reach McAuliffe’s facefwill sail up in the air ana Efforts were being made here lately to show that the boxing permit granted the new Occidental Club by the Board of Supervisors was obtained by questionable methods, bribery being charged. That these charges are unjust the records amply prove. - At a meeting of the Board of Supervisors, held July 27, a permit was granted the new Occidental Club to zive Choynski Sails Into the Air on Springs and lets Drive at McAuliffe’s “Phiz.” Short Pugilists Hereafter by Aid of Springs Will Doubtless Work a Revolution in Pugilism. pulled off the 28th instant in the large hall at Woodward’s Gardens, lately leased by tke new Occid ental Club. About 4:30 o’clock yesterday, the hour appointed for the meeting of the princi- pals and their backers, big Joe McAuliffe, “the Mission Giant,” and his manager, old Barney Farley, the veteran sportsman, strolled into Mitchell’s saloon. As big Joe lounged carelessly around a marked difference in his physical aspect was observed. Joe’s normal weight is about 280 pounds, and while in normal condition he is the proud and happy pos- sessor of a stomach that wonld make the most corpulent and self-satisfied of Alder- men turn green with envy. Now, however, the result of his training is manifest. He tips the balance at just 230 pounds, and the stomach has gradually disappeared. As Joe's fighting weight is 215 pounds, it may be worthy of notice that he not have to train very severely in order to attain it by the 28th of this month. 0Oid Barney’s face wore the beatific look of a teething child presented with its first rubber rattle. The pride of the Mission is Barney’s idol. He flutters all around him like a hen watching her brood of chicks. As the hour wore on and no sign of Choynski appeared, Barney began to grow nervous. Evidently he feared that his hopes of showing the world of pugilism that his charge is the chief gamecock of all were in a fair way to be blasted. “Joe and I have come here to fight,” he explained to the assembled sportsmen, “apd Choynski has given his promise to meet us here at half-past 4. I wonder why be doesn’t come.” Shortly after 5 o’clock Choynski arrived with Jimmy Carroll. Hisexcuse for being 1ate was that he was unavoidably detained at the Olympic Club. The party then ad- journed to the rooms immediately above the saloon to discuss the proposition for & fight. It was composed of Jos McAuliffe and his manager, Barney Farley; Joe Choynskiand his companion, Jimmy Car- roll; Young Mitchell, Billy Daly and a CALL reporter. Choynski and McAuliffe were assigned | seats at a small table, directly opposite each other. The former was the first to start the conversational bail rolling. “Well, McAuliffe,” he said, rising and extending his hand, “we are here to make a fight if possible, and as we are friends | now, we needn’t let it interfere with our amicable relations.” As McAuliffe arose and took the proffered hand he answerea: *That’s right, Joe; we are here to come to an agreement and not to quarrel.” Tuarning to Mitchell, Choynski queried, “How much will the club offer us, Johnny ?” ixty per cent of the gross gate re- ceints,’’ was the answer. ‘“‘We want to bring you two men together, 2nd conse- quently are going to place no jmpedi- ments in the way by haggling over any- thing.” ; Both principals at once agreed that this was perfectly fair and expressed them- selves as satisfied. “Now, then,” continued Choynski, who seemed to take the initiative in every- thing, “how many rounds do you xpect us to fight?” Mitclell replied that the more rounds fought the more spectators would purchase tickets and the betier it would be for the club and the two men. He thought at least four should be fought, but said six would suit him better, and if the princi- pals could agree on a larger number of | rourds that would be the best of all. Here old Barney lifted his arm from | stating his willingness to appear before an exhibition in Angust on paying a license fee of $100 and contributine a like | sum to the Robinson bequest fund. The permit was granted without a dissenting vote. Tne day before yesterday Mitchell sent a letter to the foreman of the Grand Jury, that body and convince them that the in- timations of corruption contained in an article in the Examiner were false and malicious. A letter was also sent the editor of that paper, making caustic criticisms upon the paper’s conduct for publishing the articie without giving him a chance to refute the |statements contained therein. {VAN BUSKIRK WILL FIGHT. He Has Consented to Meet Jeffries in September in This City. The sporting fraternity had about con- duded that Van Buskirk had departed for rts unknown purposely to avoid a meet- ing with Jeffries when a dispatch arrived vhich should put all doubts aside as re- | g2rds Van’s future intentions. Van Buskirk is now in Stockton, but jist as soon as he read ir. the local papers at the sporting people of this City were wder the impression that he had shown tie white feather he consulted with his frends, after which he quickly changed bis programme, as will be seen by the fol- loving dispatch to THE CALL: {TOCKTON, CAL., Aug. 7.—Theodore Van Bukirk has been here for two days since his figit with Davis. He trained in Stockton for 1 bout with Corrigan on July 4 and has & nunber of friends here. He was on his way to Sison and Soda Springs, where he intended 0 pend & month, but to-night his plans have bew changed somewhat, and he telegraphed hi:consent to sign articles to fight Jeffries on Seyember 2,in San Francisco. Van Buskirk may remain here for a time and tren at the baths, as he found them an ideal plue for work when reducing for his fight wiu Corrigan. The fight is to take place be- for: the Colma Club. Van Buskirk has been offred $1500 or 60 per cent of the receipts. Hewill probably accept the percentage offer | of tie elub. | J:ffries had about given up all hope of a meting with Van Buskirk, but when he wa: informed last evening that Van haa agred to meet him under the conditions offeed them recently by the Colma club he vas more ‘than pleased, and to-day he wiligo 1nto strict training. There is no { doust that Jeffries will be a strong favor- | ite, till Van Buskirk has many warm ad- mirrs among the boxing element of the Olyupic Club. | = Tie National Club will give its enter- | taitment some evening between the 20th andthe 27th of this monta, and its star engizement is a ten-round contest be- twee George Green and Billy Gallagher. hig evening Jack Welsh and Jack Mec- Auley, two antiquated pugs, will leave for (rockett, in Contra Costa County, | wher: they are booked to fight to a finish for &1 alleged purse of $200. i Asihe pugs are in the very poorest con- dition men can be, having trained exclu- sively on steam beer, the fraternity will inot . at all surprised to hear of a bad ending to a most miserable match. NEXICAN LIBERTY. A Conpmittee Appointed to Get Up a Grand Celebration for Sep- tember 16. : The celebration of Mexican indepen- dence on September 16 is being actively - Installation of O!ficers Who Will QUENCHED THEIR COUNCIL FIRES, Red Men and Degree of Pocahontas Break Camp Reluctantly. GREAT CHIEFS RAISED. Preside for the Ensuing Year. TESTIMONIALS OF AFFECTION. Rejiring Leaders Presented With Trophies of Their Constituents’ Love and Appreciation. The council fires of the Improved Order of Red Men and the Degree of Pocahontas have been quenched. In many respects the session just ended has been one of the Lovie, No. 24, Redwood City; degree of Poca- hontas, H. 8. Winn, No. 11, S8an Francisco. At the conclusion of the ceremonies speeches were made by officers and dele- gates. Benjamin F. Josselyn, great rep- resentative, on behalf of the members of the council, presented Past Great Sachem A. Jackson with a valuable testimonial, when the retiring head of the order made a touching response. A vote of thanks was extended Henry A. Chase for assist- ance rendered theichief of records, The Degree of Pocahontas spent most of yesterday forenoon in discussing commit- tes reports. In the afternoon Great Sachem-elect Josiah Sims, assisted by Mrs. Goodstadt, past great chi nd Lydia A. Pinkh: great prophetess, advanced the chiefs as follows: Great prophetess, Mabel Curtis, Oakland; great Pocahontas, Mrs. Klenk, Saeramento; at Wenonah, Mrs. F. W. Lovie, Redwood ity; great Minnehaha, Mrs. Louise Bean, Stockton; great keeper of the records, Carrie Johnson, San Francisco; great keeper of wam- pum, Mrs. E. A. Gill of Sacramento; great first scout, Mrs. Hattie WMPES. Fort Bragg; great second scout, Mrs. Mclain, San Francisco; great guard of wigwam, Mrs. Alice Whipple, Elmhurst; great guard of the forest, l;lnx. Anna Bishop, Nevada City at trustees— Mrs. M. A. Lutz, Nevada City; Mrs, Simmons, Stookion; Mrs.'Sarah Wentiwortn, Redwood City. Rev. Josiah Sims, great sachein, on be- half of the ladies, presented the retiring reat Pocahontas, Mabel Curtis, with a gunti(ul pin in the form of a love knot. Miss Curtis responded foelin¥l , and the council fire of the Degree o %ouhonm ';:.'! quenched with the tears of friend- ship. Both councils will meet in Stockton in one year. FOUND TUBERCULOUS BEEF. Eleven Carca Seized by Market In- spector Davis in Butchertown. Market Inspector Davis’ vigilant watch on Butchertown for tuberculous beef has been handsomely rewarded during the past week, no less than eleven carcasaes of REV. J. SIMS, GREAT SACHEM ELECT. most pleasant in the history of the order in this State, and the brave warriors and the followers of John Smith’s dusky savior were loth to cover the fires of friendship that have burned brightly all week. It wasannounced that at high sun the council camp would be deserted, but the lingering rays of light were creeping up from the West when the Red Men | turned their backs upon the dying em- bers. The credential committee of the Red Men reported that there were 112 repre- sentatives present during the session, rep- resenting 36 tribes. The Past Sachem and Great Council degrees were conferred on 53 members during the session. A warm debate was precipitated re- garding the advisability of the council assuming the publication of +the In- signia, the offi cial organ. Heretofore the journal has been published by private par- ties, but a resolution to have the council publish it was, after much opposition, carried. It was decided to offer a trophy valued at $100 to the team giving the most meritorious rendition of the adoption de- gree before the next Great Council. A trophy of similar value will also be awarded to tbe tribe showing the largest percentage of increase in the membership during the ensuing year. For the best rendition of the hurters’, warriors’ and chiefs’ degree a trophy valued at $50 will be given. Resolutions of thanks were extended the press for the attention given the council, | to the retmufi great sachem for his labors for the order during the year past and for his patience and justness in presiding over the council. J. J. Bullock ot Metamora Tribe No. 4, Redwood, introduced a reso- lution thanking the focal tribes for their hospitality. The resolution carried. The committee on deceased members presented resolutions of sorrow and con- dolence. Special menton was made of the death of A. J. Baker, past great incohonee (the highest officer of the United States Councit). Although there had been some talk of a contest for the next meeting place of the council there was no opposition in the council, Stockton being chosen unan- imously. The finance committee reported that it bad estimated the receipts for the coming year at $5004 32 and the disbursements at $3460. leaving a prospective balance of $1684 32. It was decided to offer prizes of $30, $15 and $5 to the persons securing the greatest number of subscribers for the official organ, no prize to be paid for less than thirty subscriptions. The main business of the afternoon was the advancing or installation of the chiefs as follows: - A. Jackson of No. 9, San Francisco, prophet; Josiah Sims, No. 49, Nevada Clty. reat sachem: T. A. Whipple, No. 60, Fort ragg, great senior sagamore; George W. Cole ling, No. 77, San Francisco, great junior saga- more; Charles F. Burgman, § . 8 n- cisco, gre.. chief of records; Willlam J. prepard for by the Mexicans of this City. Consul.General A. K. Coney requested the colomyip name a celebration committee to take sharge of the affair, and at a meet- ing helj on Sunday last this was done, the following being chosen: A. K. (oney, honorary president; C. Moncis- rais, 8cing president: A. Tejeda, vice-presi- dent; kG, del Palacio. treasurer; C. F. Jime- nez, ; Al ro, assistant secretary; ot A aagore, A P Uriatte, C. Clsne: , F. kJariguez, R. Vasquez, F. Calderon, H. Nevarto J, J. Arzare, A. Rojo, L. I. Guardia. The wjony is united in the celebration for the firgt time in many years, and a big succes: 3 anticipated. Smith, No. 4, 54n Francisco, ai wampum. Tic¢ wsppointed are: Bliss, No. 57, great sannap; Thomas Cam bell, No. 67, Alameds, great mishinewsa; E Berel, No. 78, San h?fllm. great guard of the wigwam; Fred Babler, No. 55, iubm. grest guard of the forest. The t cbairmen of regular com- mittees were appointed as follows: Credentials, James H. No. 61, . r.mp l.l.. .f“‘ 0. San Fran- cows that showed every evidence of the dread disease having been captured and sent to the fertilizing works. Davis feels assured that the recent tests of dairy herds that have resuited in the detection of so many cases have lea to the sale by dairymen of suspected stock, and that this accounts for the large amount of tuberculous beef discovered. The watch on the slaughter-houses will be kept up as long as suspected cattle come in. PERIL OF TWO GIRLS, They Were Plunged Into the Bay by the Capsizing of a Boat. Attorney Robert H Morrow Comes to the Rescue in the Very Nick of Time. By the coolness and forethought of Robert A. Morrow, a young attorney lo- cated in the Crocker building, two young society ladies of this City were rescued from what in all probability would have Sponder, Ro. 26, Sagmmentos charioms and cer, 3 ento; tmionl, J. J. Bullock, No. 24, Redwood Cl-ey, ‘Benjamin F. Josselyn, No‘.}%, San respondence, i ‘hase, & Francisco: finance, Fred x.'imm. No. been a watery grave. The two young ladies in question, Miss B. Minette and l?iu I“M}: Hiu:ho«gi loi ¢ ompanied by Morrow, whc is captain of e Toon yasht Pride of the Bay, and Thomas Merrill, boarded the yacht yester- day for & pleasure excursion. Near Tamalpais the yacht was anchored, with the intention of the party embark- ing in the small boat. Merrli got into the boat first, followed by Miss Minette. Morrow and Miss Hitchcock stepped into the boat at the same time, and their combined weight on one side of the small craft was sufficient to capsize it. All the party were plunged into the water in a twinkling. 5 Marruf who is unable to swim s stroke, managed to clamber upon the keel of the overturned skiff. The two ladies remained struggline in the water. Incumbered by 3 his wearing apparel as he was, Morrow swam to where Miss Minette was endeavoring to keep afloat and handed her a rope thrown out by Mer- rill, who had regained the yacht. Then he strugk out for Miss Hitchcock and reache her as she was about to sink for the th time. Nearly exhausted, the youthiul attorney reached the side of the vessel, where he was relieved of his charge. Both young ladies were at once taken upon the ark Linda, stationed near by, where they were proverly cared for by members of their own sex. Beyond a Il‘iishl cold contracted by his dip in the cold waters of the bay, Morrow is none the worse for his heroicadventur —————————— Press Club Nominations, The foilowing nominations were submitted at 1ast night’s meeting of the Press Club: President, C. M. Coe; first vice-president, J. P. Booth; second vice.president, James Me- Mullen; third vice-president, C. S. Aiken; re- cordin; secretary, lv.fi.HIg:f’::m n'lll.;.uxd sec- T e direstora Charies A. Low, Paul Cowloe, A. Webster, ) les Ulriy Tevings. James 8. Tyler, !m:&. !Ii". %l' snnuflnd,“i. D. DuTl:m:c,.% % Stover and John !Inwb. The election will be held ‘on the last Francisco; law and usagé, George W. | Thursday of this CLERK CURRY ~ WINS HIS CASE: Decision by in His Favor the Supreme Court. THE FEE BILL OF 1895. It Is Constitutional, So Says the Highest Court. A RAP AT THE SHERIFF. He Did Not Enforce the Act—A Public- Spirited Official Fu'ly Sustainea. The Supreme Court yesterday declared that County Clerk Charles F. Curry acted within the lines of his duty when he en- forced the fee bill of 1895. He had been advised to that course by Delmas & Short- ridge, and was perhaps the only officer in this City who had enforced the act. He was abused and criticised for so doing, but the advice of his attorneys was sustained by Judge Seawell, and now the -Supreme Court says Judge Seawell was right. Mas- tick & Mastick were attorneys for Miller et al., whose claim is here shown to be wholly without foundation. 1t is understood tbat the Sheriff has ig- nored the act of 1895, under advice, of course, Ii so, the Sheriff may be liable to the City for thousands of dollars, which be should have collected. The decision is & most important one. It may have a bearing on the question as to whether the present County officers bold office for two or four years. This matter is now in the Supreme Court. The following is the decision: 8. F., No. 394. Dept. 2. Henry Miller et al, appellants, vs. Charles F. Curry, respondent. The action is made to compel defendant to file an answer 1n a civil case without the pay- ment of the fees re%uired by the act of March 28, 1895, establishing the fees of county, township and other officers, and of jurles and witnesses in this State. (Statute of '95, page 268.) The sole question presented on this ap- peal and therefore the only question to be de- cided, is the applicability of the said act of 1895 to the City and County of S8an Francisco. At the time of the adoption of the present con- stitution the fee bill applring to the City and County of San Francisco ‘was found in the act passed February 9, 1866. (Statute 1865-66, page66.) If the act was repealed by the nct of 1895, then the judgment of the trial court iscorrect. If, on the other hand, the act of 1866 is still in force, appeliants’ contention must prevail. Agpelllnu argued that the actof March 28, 1895, though a fenenu act, does not in terms repeal the act of 1866, that there is no neces- sary repeal by implication, that it does not in terms pll)l' to the officers of a city and county, and t! therefore, the general statute is to be read as silently exéluding from its operation the special statute of 1866. . By article II, section 5, of the constitution the Legislature is enjoined to provide a uni- form system of county government; by vari- ous statutes to regulaie the compénsation of county officers in proportion to their duties and to provide for the strict accountability ot all such officers for the fees and moneys col- lected by them in their official capacity. By section 7 of the same article the provisions of the constitution affecting eities and affecting counties are, so far as may be, made applicable to_consolidated city and county governments, while by article 4, section 25, of the constitu- tion the Legislature hg)rohlhfled from passing special or local laws affecting the fees or sala- ries of any officer (Sub. 29) or Pnscnblng the powers and duties of officers in counties, cities and cities and_ counties (Sub. 28) or to reiula!e city or township business (Sub. 9). he law under consideration is general in its terms, and, while it makes no distinct mention of officers in consolidated govern- ments, 1t undertakes to establish the fees not alone of county and township officers, but of other officers in this State. In the somewhat anomalous municipal corporations recoguized by the constitution and known to the law as consolidated cities and counties, the offi- cers do not lose their distinctive character as county officers and of city officers merely be- cause they hold within the corporate limits of such governments. The County Clerk of the City and County of San Francisco, Sheriff of the City amd County of San Francisco, Re- corder of the City and County of San Fran- cisco are each and all’ couuty offi- cers. They have mno pla as officers of the City. Upon other hand the Mayor of the City and County is distinctly and separately a City officer, as distinguished from a County officer. A law, therefore, which under the constitutional mandate undertook to regulate the duties or the compensation of county officers would fill sll the basic requisites of the constitution, that all laws of a general nature shall have s uniform operation (Con. Art. I, Sec. 2), 1f it should be held that its terms did fiot apply to and were not meant to apply to county officers 1n consolidated governments, And it must therefore be concluded, without room for question, tnat the act under consideration 18 in its terms quuulfie to the City and County of San Francisco, But when this point has been reached, ap- pellant contends that he may invoke the rule and principle expressed in Home for Inebri- ates vs. Rels, 95 Csl. 142, and that under the authority of this case the City and County of Francisco must be excepted from the °£°" ation of the law, and all that this court did in the Reis case was to recognize certain well set- tled principles governing the interpretation of statutes. It founded the decision in that par- ticular case upon the maxim that repeals by implication are not favored, and that where permissible an earlier specisl statute will be construed to harmonize with a general later one. It was,in short, but the spplication of the m;}hn, “Generalia specialibus non de- rogen °§..¢ this rule has its limits; it means no more than that in arriving at the intention of the Legislature,which is to govern, and in endeavoring to reach that intention from the act 1tself—unless there be plain and ex- plicit terms of repealin the latter act, or un- less the provisions of the two. acts be 80 incon- sistent that both may not stand—it will be as- sumed that the Legislature in making general provision for all cases dia not mean to destroy the effect of a rule laid down with explicit care and directness and applicable to a partic- ular class of,cases. But this after all is a method of arriving at_the legislative intention when other and better means are not available., So it was héld in the Reis case that there was no such repugnancy in the latter actas made plain the intention of the Legislature that the moneys provided forin the earlier act were no longer to be paid over to the Home of the Iuebriates. ‘There are other rules of construction, how- ever, of equal dignity and potency. The rules that we have been considering lppl"an]y in a case where a repugnancy between the acts is not manifest. If such repugnancy exists, then it is well settled that the earlier act must fall. %fllmn Interpretation of Statutes, section 2; only so far as the two acts are notin their terms incompatible with each other is the earlier act allowed to stan: d, Itisa funda- mental rule for the interpretation of statutes that where the instrument is susceptible of two permissible constructions, by one of which it is valid, by the other of which it is void, the one in favor of its validity and of natural right will prevail, for courts will only upon the clearest showing of inyalidity overthrow the enactments of .& co-ordinate dapartment of Government. The Legislature is presumed to know the constitution and the limitations upon its powers therein set forth. n the case at bar, as has been said, the e on the publect I question apphics: upon the ble & ‘tm-mre;u. W n toall county officers. If lative lnhm—-:’n‘ the legislative intent is always the ultimate fact to be determined— 0 except the county officers of the City and County of San Francisco {from the operation of the law, this might as well have been done by an exception expressed in the terms of the act itself. &o one would have 8 momeut’s ques- tion but that such an exception would impair general operation of law and thus vio- late the of - 1, section 2, of the law the latter act would fall. Butthat constitutional provision would be no less vio- Iated if the Legislature did not mean and in- tend that the statute of 1866 should be re- g:-h;d by the act of 1895, tne latter will still aiaw ynr?omng 10 be general in its terms, yet not having a uniform operation by reason of the exception indicated. There fs thusa plain repugnency between the acts of 1866 and 1895, which cannot be disposed of except by the conclusion that the Legislature in- tended in the act of 1895 to pass & valid law, and that to do 8o _the repeal or the act of 1866 <ulted. The judy i Tmpmed, 1 IIEmERE SR e We concur: TEMPLE, J. MCFARLAND, J. THE “WORLD'S” YARN, Borry and Kroman Deny the Truth of the Report That They Will Crawl to New York. There ure two angry men in Bcrkaley" and they are J. C. Berry and Peter Kro- man, tailors and partners in a shop at Berkeley station. World of them sprawling lizard-fashion across the page. In the publication they are represented | as preparing to go on all-fours across the continent, from San Francisco to New York, expecting to complete their crawl in ten months and get a barrel of dollars when they finished. Letters from several Berkeley physicians were published, all ufi_ifylng to the feasibility of ihe under- taking. ‘When interviewed yesterday evening Beérry and Kroman made no secret of their feelings. “It's all nonsense,” said J. C. Berry, “and some joker is having a lot of fun at our expense. You may say that we never thought of any such foolishness. It we could find the fellow who sent that yarn to the New York paper we would use some of our surplus energy on his head Eosaibly. We are active mem- bers of the Crescent Athletic Club of Berkeley, and when we exercise our muscle we do it on our feet, not on our hands and feet like babies." Several of the physicians mentionea stated yesterday that™ they were asked by letters from the World office for their | opinions, and they knew nothing eise about the proposed performance. FIGHTING FOR PURE FOOD, Stringent Measures Adopted by the Local Fruit Ex- change. An Attorney Engaged to Prosecute Cases of Importation of Spuri. ous Preserves. A meeting of the board of directors of the San Francisco Fruit Exchange was held at the rooms of the exchange yester- day. Colonel Bendel, president of the exchange, presided and nearly every prominent fruit canner was represented. The first and most important business of the meeting was the receiving of a report of the committee on adulterated goods. The report was published in Tre CaLn yesterday and was very extensive. It dealt with the subject in a very thorough manner, and was adopted, with certain references of Superinfendent Hobbs stricken out. A general discussion on the report took place, and the recommenda- tions of the committee were unanimously adopted. George H. Cabaniss was appointed attor- ney for the Exchange, to act as special counsel for the prosecution of cases in the Police courts. It was decided that an active and vigor- ous campaign be entered into, in an en- deavor to stamp out the adulterated jellies and jams brought from the East, with the assistance of Mr. Cabaniss, who will at- tend actively to the work in the Police Court, provided the necessary proofs can be obtained. This can only be done, pro- vided the Board of Supervisors recognizes the importance of the subject, and makes the necessary appropriation, so that the work may be done in a complete and thor- ough manner. The secretary was instructed to com- municate with Mr. Cabaniss and inform him of his selection as attorney, and ask for a conference with him, as well as the Producers’ and Manufacturers’ Associa- tion, Merchants’ Association, and kindred organizations, at an early date. to consider the subject. The secretary was also in- structed to communicate with the Board of Supervisors, and ask for a conference, so that the matter may be laid before them in the proper manner and the needs made manifest. Sabsequently to this, the board took up the question of fictitious California_labels being placed upon Eastern canned fruits by Eastern packers. The secretary read a letter which he had sent to the packers at Baltimore, who, it was claimed, were en- deavoring to foist these goods upon the public. It wasdecided that as soon as a reply was received a vigorous effort would be made to expose this business to the Eastern jobbers and grocers, so that they might understand what they were pur- chasing. A report was also received for the adoption of a standaard by the Califor- nia packers, which included California canned fruits and dried fruits, and the _meeting thenadjourned. e Feast of St. Dominic. At 8t. Dominic¢’s Church to-morrow will be celebrated the feast of the patron of the church and the founder of the Dominican Or- der. The services will be as usual throughout the morning until 16:30 A. M. when solemn high mass will be celebrated by the Francis- can Fathers, and & panegyric_of the saint reached by Very Rev, Father Wyman of the ulist Fathers. NEW TO-DAY] THESTAR EDITOR . - JAMES H. BARRY. SPECIAL ARTICLE ——ON —— THE SOUTHERN PACIFIC'S HIRED ASSASSIN. The Slayer of Judge Terry - Assaults the Editor of “THE STAR.” ON MURDER BENT. For Sale by All Newsdealers, 5 CENTS. Subscription = = = $1.50 per Year. fi%&m&%&&m Office: 429 Montgomery St. | The object of their in- T dignation is a big picture in the New York | Jhie San Francisco, Aug. 8, 1896. §€ (G L C o AT Crrm MRE ol RO o CCC s ) | E | | 1 | Saturday Offering Men’s Percale Shirts. Don’t Miss It! E Percale Shirts, 75c¢. 45 dozen MEN’S BEST FRENCH PERCALE BOSOM SHIRTS—bodies of fine white muslin—open front and back— perfectly laundered—three novel patterns in quiet color effects— sold regularly at $1.50—on sale at 75c Each. Wm (S lies & Za— ) E Men’s Furnishing Department, first Sfloor, rotunda. E Grand Concert To-Night by the EMPORIUM Or- chestra of 25 pieces, under Mr. John Mar- quardt. St At UNITED STATES BRANCH. STATEMENT OF THE CONDITION AND AFFAIRS OF THE PHENIX ASSURANCE COMPANY F LONDON, ENGLAND, ON THE 3IST 1 U aay of December, A. D. 1895, and for the year ending on that day, as made to the Insurauce Commissioner of the State or California, parsuant to the provisions of sections 610 and 611 of ihe Political Code, condensed as per blank furnished by the Commissioner. ASSETS, -+ $1,757,4885 00 481 18 61,255 24 611,566 30 217,929 78 7,208 38 $2,655,915 83 Due from other Companies for re- insurance on losses already paid. TES. $34,332 00 182,955 00 u pens: 21,881 00 Gross premiums on Fire Risks run- ning one year or less, $1,867, 078 24, reinsurance 50 ver cent.. W 983,539 12 Gross premiums on Fire Risks run- ning more than one year, $1,116,~ 289 67, reinsurance prorata...... 577,838 03 All other demands against the Com- DY S sGeids siivd sivs 149,640 92 Total Liabilities.... $1,900,196 07 INCOME. Net Cash actually received for Fire premiums. ... ... $2,043,397 28 Received for ini dends ‘on Bonds, Stocks, Loans, and from all Other SOUICS. ... veuesesen 68,238 04 Total InCOMe. ........coe.n...... $2,111,685 30 EXPENDITURES. Net amount pald for Fire Losses {In- cluding $228,892 00 losses of pre- vious years)... soinen.. $1,160,124 88 Paid or allowed for Commission or BrOKOrage. ......co. veveencs 384,246 18 Paid for Salaries, fees and charges for officers, clerks, etc. 108,882 61 Paid for State, Natonal and local 47,194 26 133,033 94 81,833,481 87 Fire. Losses incurred during the year..... $1,160,726 00 R1sks AND Pre- | Fire Risks. | Premiums. MTUMS. Netamount of Risks| ‘written during the Jear.......... AT Net smount of Risks expired during the ear s et am in December 1895.... $370,207,264 | 33,497,754 06 lul,m,ua 8,318,439 20 8, 297,321,742| 2,983,360 91 E. B. CLARK, Assistant Manager. Subscribed and sworn to before me this 23d day of January, 1896, ‘GEO. 0. RUGER, Notary Public. PHENIX ASSURANCE COMPANY OF LONDON, Established 1782. PROVIDENCE WASHINGTON INS. CO. OF RHODE ISLAND, Incorporated 1799. BUTLER & HALDAN, Gen’l Agents for Pacific Coast, 413 CALIFORNIA STREET, SAN FRANCISCO. THESUCCESS OF THE SEASON THE LADIES' GRILL ROOK —0F THE— PALAGE HOTEL. DIRECT ENTRANCE FROM MARKET SL OPEN UNTIL MIDNIGHT. NNYRD!:%._PIELS Driginal Lap! Wit by il Loeal Droggists. w5 Baja California Damiana Bitters et ALES & Market Ste S. BRUNE, ¥.—(Send for N > 13 s