The San Francisco Call. Newspaper, August 16, 1896, Page 9

THE SAN FRANCISCO CALL; SUNDAY, AUGUST 16, 1896 9 ! OPPOSED 70 THE NEW - CHARTER. Pamphlet Issued by the Municipal Reform League. DEFECTS ARE ALLEGED. Ten Reascns Set Forth for Taking an Attitude of Hostility. A LONG ARGUMENT OFFERED. Criticism of Many Essential Details of the New Plan for Muni. cipal Government. A pamphlet is in circulation in the City, which has the caption: *“Why the pro- posed new charter should not be adopted, The reasons which are alleged for opposi- | tion to the charter are enumerated on one page, concisely, as follows: First—It is too long. _ Secona—It is dangerously, if mot fatally, de- fective. Third—It practicelly prohibits municipal branch: that the provisions respecting the qualification for teaching violate the natural and constitutional right of a large class of citizens to earn a living by the exercise of a profession which they have elected ana for which they are qualified. The attack upon the provisions concern- ing the teachers is as follow “Article VII, chapter III, section 4 of this voluminous document provides that no person shall be a ‘teacher in the pri- mary or grammar classes of this City and County except’ he bas ‘been educated in the public school system of the State of California.’ A person who has been edu- cated by the best of private tutors, in the best private schools of the State or in the public or private schools of any other State or nation, is barred from the right to earn a living (in a calling the duties of which he by education and training may be able to perform in a pre-eminently supe- rior manner) because he was not educated in the public schools of this State, and for no other reason. A man may have been born in the State, be educated in the State, be public-spirited, be talented, a skillful instructor and an honorable citi- | zen, but, according to the new charter, he | shall not teach. Is this just? Does not | this cause alone brand with infamy this charter, and every one knowing the ex: istence of this clause who shall vote for its adoption? We maintain that this provi- sion is not only infamous, but that it is contrary to the constitutional rights of the citizen.” | The pamphlet is signed by Rev.J. E. Scott as president and P. J. Healy as sec- retary of the Municipal Reform League. | ORDERED NEW BOATS. , e One of Them Is to Be Here by March and Will Replace the Monowal, James Mills, managing director of the | Union Steamship Company, New Zealand, | which owns and operates fifty-five steam- ers which run between New Zealand, Aus- | tralia and the Pacific islands, is here after six months’ absence in England. Mr. Miils has been ordering some more vessels to strengthen his steamship line, already the largest in New Zealand. One of these ownership of public utilities, and retards in- stead ot expediting business. Fourth—It is uncertain and contradictory in | its provisions. | Fifth—It is unconstitutional in many and | 1§ Tespects. & | —It is unwise in 1ts policy. | enth—It places too much power in the ands of one man. | E'ghth—It reverses the natural order of mu- | nicipal administration in giving legislative | power to the Msyor, instead of making the | authors of laws responsible for the eniorce- ment of them. | Ninth—It violates the natural right of many | persons to earn & living in & profession for which they are qualified; and Tenth—If adopted, it will take longer and be more difficult to amend it then, aiter rejecting it, to prepare and adopt a wisely conceived and just charter. The pamphlet having madae these aver- ments proceeds to discuss them seriatim, Concerning the length of the proposed | charter the followine is alleged: “It is unnecessarily and dangerously long. Itislonger than the Magna Charta and Bill of Rights of Great Britain, the Declaration of American Independence, the constitutions of the United States and of California—it is twice as long as these all combined. It contains nearly 80,000 words and innumerable provisions, every one of which will have to be passed upon by the | Supreme Court before we can be assured | oi their meaning.” to whether the proposed charter is ataily defective” as alleged the author of the pamphlet asserts, in substance, that | no office is made elective except the Super- visors. that it defeats the municipal own- ership of public_utilities and retards in- | stead of expediting business and “meta- | phorically placss the great municipal cor- poration of San Francisco in a strait. jacket.” For particulars the pamphlet e-es in this connection that to secure ic light and water works, under the bposed charter, the following conditions essential: —The Mayor must be iz favor of it. —The entire Board of Public Works iavor it, and Third—Nine of the Supervisors must also be in favor of it beiore any such proposition can tted to the people. Itis ulleged that it (the proposed char- ter) does not provide any means by which the Mayor, who is to rule ail ¢epartments of the City Government, is to get his office, nor for the election by the people of any officer except the Supervisors; but does | v (Article 14, section 26) that every office not made elective by this charter shall become vacant immediately on the taking | effect of this charter. If the charteris adopted in November nextand isapproved by the Legislature of California (accord- ing to the provision quoted) we will have no head of government, no Auditor, no Asse: , no Tax Collector, no Treasurer, no Recorder, and the legality of the acts ol every one of these officials, if they seek | to retain their office, will be called in | question by interested parties. Rich cor- porations will seek to evade their taxes and refuse compliance to the City ordi- nances because of the equivocal and doubt- ful position of the Mayor and other offi- cers, and chaos would reign in every de- partment.” The charter is attacked because “it re- quires that all city work amounting to more than §500 shall be done by contract”; and also on the ground that it is *‘uncer- tain and contradictory and contains ridic- ulous repetitions.” The allegations of the pamphlet on this point are as follows: *In granting powers there are two sys- tems. One 1s to give absolute vower minus such express reservations as shall be desired. The other is to give specified powers and retain by implication all oth- ers. The authors have sought to combine the two. They first granted absolute pow- ers and then undertook to qualify the grant by clauses making specific grant of each power intended to be given, thereby creating tbe confusion from which there is no outlet save through the courts, for until the courts have passea upon the matter we have no way of knowing what powers are granted and what withheld. This is an example of careless construction, of which there are many in the proposed charter. We shall briefly mention one more. On page 66 it is provided that the Public Administrator shall be appointed by the Mayor, while on page 211 it is pro- vided that ‘whenever the laws of the State of California shall have been so altered and amended as to permit the appoint- ment’ of Public Administrator he shall be appointed by the Mayor. The first quoted provision is unconstitutional. The courts alone can tell what the other may be.” As to the charge that the proposed charter is unconstitutional the following | specifications are made. It conflicts with | the Jaws of the State by its restriction on the power of the Supervisors to fix the tax leyy; the civil service rules are unconsti- tutional; the Board of Educatton is an- constitutional. As a recapitulation one page is under the caption, ‘‘Unwise in Policy,” and the following are given as instances of unwisdom: | Firsi—Because it fixes the salaries of nearly | every ciass of employes, so that & change can only be obtained by charter amendmen:. Second—Because it favors contract work and | prohibits day labor whenever the projected improvement shall cost more than $500. Third—Because it renders it extremely diffi- cult for the City to undertake the construction of water, gas_and electric light works and street railroads on its own account. Fourth—Because it provides (article II, chap- ter 1, section 2) that the Supervisors shall be elected from the City and County at large,. whereby it may easily come about that one ward may secure to itself an undue share of representation, leaving to others none at all. Fifth—Because it makes the Board of Public Works a body appointed by the Mayor. A sys- tem which Oakiand has done away with with- in the past two years in order to make the Board of Public Works an elective body—be- cause the appointive system was very unsatis- factory—and yet the advocates of the charter Joualy proclaim this festure as one of its ad- vantages. Bixth—And it fs~moreover inexpedient, be- cause it gives place to red tape, where sim- plicity would be much preferable. The other principal allegations are: That it makes the Mayor a municipal dic- tator; that it reverses the natural order of municipal! administration in giving legis- lative powers to the Mayor instead of re- serving the administration as well as the making of laws to the ldmmxuuflva‘ h is now substantially completed and the others are under way. When the latter are finished one of them will be put on the water between here and Australia to take the place of the Monowai, which, with other steamers of the Union line, has been running in connection with the Spreckels steamers. Mr. Mills is a gentleman of large experi- ence in the steamship business. ‘You see, it is necessary,”’ he said last night, “‘to keep putting in new steamers, those of later styles and greater adaptation to the business, to take the place of those that are getting oid. These vessels which I am having made in England will be very fine. The engines will be very perfect, and I may add that everything about the vessels amer which will replace the s the Moana, 360 feet long by 44 feet, with 34 feet depth of hold, and of 4700 tons. She will average fifteen knots an hour loaded. She will be a very elezant vessel. The Moana is expected to be here by March next. One of the other ships ordered is the Walkare, of 3000 tons capa- city. While absent Mr. Mills also bought a cargo steamer of 3000 touns capacity for the Fiji sugar trade. A HORSE THAT HATES THE POLICE, Mounted Policeman McKen- na Its Particular Enemy. KEPT HIM IN HOT WATER It Was Owned by Cornelius Shine, Dairyman, on the San Bruno Road. HE HAD TO SEND IT AWAY. A Few Days Ago It Broke From Its Corral and Chased McKenna for Over a Mile. Cornelius Shine, a dairyman on the S8an Bruno road, near the Golden City House, owns & valuable horse that is a terror to the neighborhood. The horse is tractable enough whén in harness, but as soon as it is placed in the corral it gets restless and Breuda is lying dangerously ill at Bt Luke's Hospital. He was not a well man when the vessel got in from London and got gradually worse. He is now down with typhoid malarial fever and his life is despaired of. The British ship Balclutha arrived from Swansea after a rather lengthy passage of 185 days. She was caught in'a hurricane on June 7 in latitude 5555 south, longi- tude 6251 west, and shifted her cargo. The decks were swept and considerable damage was done. hen the storm sub- sided the cargo was trimmed and the ves- sel experiened no more troubles. On May 24 a can buoy _mmed red was passed. On it the flg};lre 3" was painted in white. It is probably one of the can buoys along the Atlantic coast that went adrift last winter. The British tramp steamer Strathgarry has played in hard luck. She came here under charter to Trubenbach & Co. for £110. On her arrival Mr. Trubenbach had died and the executors of the estate would not recognize the charter. The vessel was thrown on the market and yesterday she was rechartered by G. W. McNear for £1 6 to carry barley to Liverpool. A coar snd vest was picked up on Spear- street whart yesterday and tagen 10 the Harbor Police Station. In the pocket was a card bearing the name “Cyril C, Mowat, 16 West India road, Limehouse, London,” and a letter signed Maudie Smith. No owner for the garments can be found and Captain Dunleavy fears it may be a case of suicide. Charged With Burglary. James Gilferage, Who was arrested on Friday by Policeman W. F. Brophy on suspicion of being the ‘“pal” of Daniel Bowman Whipple in the burglary of Daniel McCoy’s room, 147 Seventh street, was booked on the charge yesterday morning. They stols a diamond cross and a number of othér articles of jewelry. ——————— Sued for Her Rent. William M. Fitzhugh has sued Mrs. Veronica Baird for $600 alleged to be due for rent of the premises at 2519 Broadway. There has been a disagreement between landlord and tenant as to the desirability of the residence, and Mrs. Baird has refused to pay further rent, despite Fitzhugh’s repeated demands, B The Equine Hater of the Police Cbasing One of His Mounted V.ctims. MISSON BRANCH WO, In a Spirited Athletic Contest the Main Y. M. C. A Loses Laurels. Hereafter an Athletic Competition Is Likely to Be One of the An- nual Events. Out at the grounds of the Mission branch of the Y. a. C. A., on Mission street, between Ninetednth and Twen- tieth, yesterday afternoon, a merry time was had in competitive athletic sports. The contestants on the one side were the members of the Mission branch and on the other side the main body of the asso- ciation. It is estimated that the mambership of the main body is about one thousand, while there are only 109 mem- pers of the Mission branch; nevertheless, the smaller organization managed to win nine out of the eleven events. All the winners will receive a silver triangle medal, the emblem of the Y. M. C. A., the donors of which are Dr. H. L. Diets and J. G. Daub. Diets is the physical director of the main body and Daub the branch secretary. The scores in the athletic events were ten points for first place and five points for second. The sum total of the points scored by the boys of the branch were 120, their opponents carrying off only 40. The following is a record of the after- noon’s sport: 100-yard dash—Branch entries, 8mith and Grant; _main entries—Wilson, Wolfsohn, Harder, Leilack and Guitard; winner, Smith; Grent, second. Time, 11 4-5 sec. 220-yard dash—Branch entries, Smith; main entries—Wilson, Harder, Wolfsohn, Guitard and Sanders; winner, Wilson; second, Smith. Time, 27 4-5 sec. 440-yard dash —Branch entries—Smith, Shaw and Taylor; main entries—Klearman, Ziska, Harder, Leilack, Johnson and Wolfsohn: win ner, Taylor; second, Smith. Time, 61 25 sec. 880-yard run—Branch entries, Shaw; main entries—Ziska, Klaarman, Peterson; winner, Shaw. Time, 2:194-5. Mile run—Main entries—Peterson, Johnson, Spacher; branch entries, Shaw; winner, Shaw} Johnson second. Time, 5:41. Running high jump—Main entries, Spacher; branch eutries—Grant, Smith; winner, Grant— 5 feet 2 in. Pole vault—Main entries, Spacher; branch entries, Grant; winner, Grant. Distance, 8 feet 914 inches. Suot put—Main entries—Sanders, Mitchell; branch entries—Lamont, Grant, Shaw; winner, Mitchell; distance, 29 feet 103; inches. Running high jump—Main entries, Leilack, Wilson: branch éntries, Lamont, Grant, Tay- lor, bmith; winner, Grant, distance 18 ft. 7in.; second, Lamont, distance 17 ft. 84 in. Hammer tnrowing—Main entries, Spacher, Banders; branch entries, Hener, Lamont; win- ner, Heuer, distance 108 ft.; second, Lamont, distance 95 ft. 8 1n. Mile walk—Main entry, Leilack: branch en- try, Heuer. The race went to Heuer by de- 11.0uu, he traversing the distancein 9 min. sec. J. G. Davb acted as referee, Dr. H. L. Diets as starter, D. E. Duncan as clerk of the course, Dr. Diets as scorer, while the tircers were George Thompson, G. E. Ged- dys and E. Jones, and the judges Frank Worrell, Joseph fBrown, Fred Walsh and Will ¥, Drumm. This was the first meeting of the kind | ever held and cannot be classified as a reg- | niar event, but the intention for the future is to make it an annual event. —————— INSPECTORS WILL CONFER. United States and Local Meat Experts to Come to an Understanding. A conference of the United States and local meat inspectors is to be held within the next few days to devise ways and means of acting more harmoniously and efficiently together than has been the rule in the past. Hitherte there has been no arrange- ment between the two forces regarding the condemning of meat unsuitable for human use and the result has been some dissatis- faction, Meat tagged by the United States in- spectors_as bad passes no inspection by the local authorities and cannot be kept track of by them, and it is to remedy this matter and see that all condemned meat finds its way to the fertilizing works that the conference is to be held. ————————— ‘Thomas Slater has a message for every man on page 29. Don’t fall to read it = 2 breaks out. Then it roams around in search of trouble. It amused itself by trying to bite the drivers of wagons passing along the road and showed its playfulness by kicking the wagons with its hind heels. Some- times it varied the monotony by chasinga pedestrian, wko would seek refuge in some place which the horse could not reach. For some unaccountaple reason the horse took a special dislike to Mounted Policeman McKenna. Whether in harness or out of harness whenever it saw Mc- Kenna it made for him with open month. McKenna used to fiil his saddle-bags with rocks and when the horse made a rush at him he would throw the rocks at it to drive it off. This made the horse more bitter in its dislike to the mounted policeman and finally McKenna rode up to Shine’s dairy and let loose his feelings. ‘*‘See here, Shine,” he said, “I am get- ting tired of this sort of business. I don’t intend to let that horse of yours monkey with me any longer. You have got to gev rid of it or I will do something des- rate. 1 will bring suit against you or ill the horse in self-defense.” The horse was in the corral and while McKenna was talking it jumped over the fence and open-mouthed made a rush at McKenna. Shine tried to stop the an- imal but it paid no attention to him, McKenna had forgotten to arm himself withrocks. He grasped his revolver and for an instant was undecided what to do. The horse was within a few yards of him and looked so formidable that McKenna d“f the spurs into his horse and fled at fuli gallop, hotly pursued by Shine’s horse. The chase was kept up for about a mile and McKenna succeeded in making his escape. Things had to come to a crisis and last Friday McKenna went to Shine’s with blood in his eye. He demandea that his enemy be instantly sent to some other part of the country or there would be trouble. Shine pacified him by telling him that the horse would annoy him no more, as he had sent him away forever. McKenna rode round the ranch to satisfy himself that his enemy was not in sight. He was relieved to find that Shine was not deceiving him. A TUG'S FAST ROUND TRIP The Fearless Towed a Vessel to Port Costa and Returned in Five Hours. Captain Tulloch of the British Ship Brenda Is Dangerously Ill in St. Luke’s Hospital, It was a very busy day on the water front yesterday. The tugs were all en- gaged and schooners, barks and ships were moved in all directions. Many of them went to sea, some went to Port Costa and others have been laid up in Qakland Creek, The tug Fearless made the record of the season. Leaving Folsom-street wharf she went to Sausalito, picked up the British ship 8t. Mungo and towed her to Port Costa. After docking the vessel under the elevator the big tuz came back to San Francisco, making the round trip in five hours. Captain Hawley did not expect the Fearless back untit noon and was sur- prised to see her tied up at Folsom street two hours earlier. Allthe men in the “black-stack” line are working double time. The Furlahus went out at 10 o’clock this morning with a fishin arty. dell b-gnks will be‘v}’sitefi. “’;l;‘hui'()&r; fishermen are not seasick a good catch should be made. The gentlemen form- ing the party are the guests of W. T. Gar- ratt. The American ship Santa Clara was sold yesterday 1o George W. Hume for $19,000. She is an old vessel, but is as sound u;dny as the day she was laun, Sbe made an unususlly long passage from New York and reinsurance was paid on her. Captain Fuller, however, asserts that his vessel is as stanch as anything afloat, and that had 1t not been for the terrible weather and baffling winds he could have made a record. ?hould the bark Cory- phene arrive here in time Captain Grant, who is on her, will take command of the Santa Clara. Captain Tulloch of the British ship | H YICHT CLUBS ENTERTAIN Sausalito the Scene of Two Very Merry Gath- erings. | The Pacific and the San Francisco Clubs Entertain Their Friends in a Charming Manner. The Pacific Yacht Club, at its charming | home at Sausalito last evening, gave a delightful ‘“‘at home.” The affair was the first of a series toc be given monthly dur- ing the winter, and the success of the initial fete will cause the members of the club and their most favored friends to be on the tip-toe of expectancy for the second. The majority of the guesis arrived by the tug Vigilant, which left the Mission- street wharf at 7 o'clock. This party was contributed to generously by pleasure- seekers from Belvedere, who were brought over in the launches Cynthia, Wialaly and Wang. It was a delightful evening for an out- ing, a little breezy on the bay perhaps, but no true yachtsman objects to a breeze, and in the sylvan cove where nestles the Pacific clubhouse the air was quiet and balmy. The music was excellent, and to its strains the merry couples danced until nearly midnight. A collation was served. Those present were: 2 Mrs, Sutton, B. G. Somers, J. P, Hutchens, Mr. Green, Mrs. B. Guggenheim, Peter Sloan, Walter Crowell, Larry Hawks, Commodore Bruce, J. H, Walsh J. Woebke, 8. Beale, Miss Eva Hunt, Miss Castle, Miss Beale, Miss Sohlki, Mr. ana Mrs. N. Pressley, Mrs. S. gRers, George Marnes, Mr. and Mrs J. D. Maxwell, Hugo Keil, Ed Keil, Dr. and Mrs. Westfall, Mr, and Mrs. F. Marone, William Hogg, A. Watson, Albert Parsons, Mr. and Mrs, J. 8. Mat- toon, Miss Maitie Fareland, Alexander Heineman, M. Bostwick, Miss Mabel Buckley, Mrs. M. Boole, Hon. Henry G.and Mrs. Dinkelspiel, Miss Helen Seller, Jessie Mrs. Henderson, E. W. Levy, Caj 11, Mrs. William Hunt, Frauk Burk- Susie Stone, Mr. and Mrs. L. E. Jones, Mr. and Mrs. J. D. Maxwell, Mr. Blanch- ard, William C. Leavitt, Mr. and Mrs. William Egan, F. H. Tyler, R. B. W. Ellis, William Blake, H. Rose, Horace Wilson, Engene New- baum, William Everett, Mr. Lund, James P. Sweeney, Miss Rose Sweeney, A. H. Buhne, Thomss Prendergast, Miss Kate Prender- gast, Reginald Rix, Miss Rix, George E. Hunt, F. G. Wi, Capiain and Commodore F. G. Will, Mr, and Mrs. Donald Ross, Miss Annie Ross, A. H. Buhne, Mr. and Mrs. Riddling, I W. Hellman Jr., illing- house, Dave McLaughlin, Mr. and Mrs. A. G. Riddling, Mr. and Mrs. W. D. Hendrickson, Miss Ray Etling, Ralph Davis, Miss Emma Con- niff, Captain Dan Haskell, Miss A, Ridling, W. 0. Baul, Miss G. Smith, A. G. Maguire, Walter Crowell. Larry Hawks, Frank Lincoln, E. T. B Mills, Miss Harton, Miss Bridges. ‘Hugo Keil’s 1aunch Cynthia brought the fol- 10,,“,,‘:; Dave McLaughlin, O. E. Ellinghouse, Walter ‘Crowell, Peter Sloane, L. H. Hawks, Mrs. Mattoon, the Misses Wainwright, The launch Wang, belonging to Joseph O’Brien of Belvedere, brought James S. Hawk- ins, Joseph H. O'Brien, Frank Young, H. P. Blanchard, A. C. Thornton, Thomas Jenuings, Mrs. Henderson. » The San Francisco Yacht Club also held a party at Sausalito last evening. The tug Sea Queen brought most of the guests over. The clubrooms were beautifully decorated, and in the subdued light of chandeliers masked in colored paper the merctymakers danced the night away. Among those present were: Fleet Captain N. W. Sullivan, Treasurer Ardyar Kangee, Willlam Kelly, George White: the Misses Olsen, Miss Monteith, Dr. and Mrs. T. L. Hill, Mr. and Mrs, C. B, Hill, John Gang, Miss Kittie McCormick, Charles Naughton, Dr. Cochrane, Mr. and Mrs, William Quitzow, Mr. and Mr. E. 8, Tucker, Mr, and Mrs. Rutus Schoemaker, Miss Scnoemaker, E. W. Wain- wright, Peréy Crump, Charles’ P Morse, Mr. and Mrs. Hernan, 18, Stevens, R. We s Burch, Miss Trlood, Miss Zahn, Miss She WO o Park Music To-Day. Following is the programme of music pre- pared for the open-air concert in Golaen Gate Fark to-day: “In the Swim Marc] n" Overture, ‘Merry Wi Selection, “Ernan! AESmare “Scenes Barytone solo, “The Bohemisn Girl," Variations. .. ...... ... medjey of Scotch melodies P tverisserment Espagnor “El Baclo Waltz,’ «Black America,” anegro oddity. —————— Little Prince Edward of York goes by the sobriquet of *'King Duud"_at lluflbomn;h ouse, o FAIR'S LETTERS 10 BE PRODUCED They Have All Been Ex- ploited Before a Camera. C. L. FAIR DEPOSING. Questi;ms Asked About an Oak- land Expert on Hand- wrriting. TESTIMONY COMES HARD. Promise Made to Bring Into Court Certain Papers Cal'ed For Upon Subpena. The deposition of Charles L. Fair took an interesting turn yesterday. Mr. Del- mas inquired concerning the action of the deponent between the time when he peti- tioned to have the Craven will admitted to probate ard the time when his attorney moved to have that instrument withcrawn ifrom probate. Many very interesting questions which Mr. Delmas asked were not answered, Mr. Fair declining, under the advice of Mr. Heggerty, to answer them. Mr. Delmas wanted to find out what methods had been adopted and what papers had been produced to compare with the handwriting of the Craven will. It took a great number of guestions to get the desired admission. Mr. Heggerty finally framed some of the answers for his client, with the consent of Mr. Delmas, in reference to the production of papers under the subpena issued. Mr. Fair tes- tified that some letters and other paners, which he knew to be in Lis father’s hand- writing, had been taken to Garber, Boalt & Bishov's office, where they had been photographed. He also testified that one expert had told him that the Craven will was a forgery. Other persons had ex- pressed to him the opinion that the in- strument was a forgery, but he declined, under the advice of counsel, to say who these persons are. Concerning the hand- writing expert who had said that the writing was forged, Mr. Délmas asked: “Were you ised by one or by more than one expert? & “Well, by one in particular.” & “Was there more than one in particular or in general?”’ _ “There was one in particular.” ““is it not true that there was not more than one and that the one was Mr. Horton of Oakland?” Mr. Heggerty objected very promptly to an answer being given to this and Mr. Fair declined to answer. “Is it not true that only one expert eyer declared «the Craven will to be a forgery and that he was named Horton and that he lived in Oakiand ?”’ The witness declined to answer. +Is it not true,” persisted Mr. Delmas, “that the only expert who ever expounded that theory was mr. Horton of Oakland, and that soon after it was submitied to him, and that he left you because znn would not submit to 8 demand to pay him $2500 for his services?'’ Mr. Heggerty interposed and the de- ponent once more declined to answer. “Is it not_true that the expert lived in Oakland and that his name was Horton, and that in 1895, after ycn had refused to pay him $2500, he tried to peddle that information, offering it wherever he thousht he could sell it?” Mr. Fair—I decline to answer. “Did you not afterward take Mr. Horton back into your camp?"’ ‘I'o this there was no response. Mr. Delmas asked whether Mr. Fair believed that the Uraven will was in his father's writing at the time he petitioned to have that instrument admitted to pro- bate. “Yes, sir, at that time I did.” “And your petition_ for the filing of the Craven will stood until after Judge Slack had decided that the trust under the trust will was mnvalid?” “According to the best of my belief Judge Slack decided that the trust will should be tried first.” . p to April, when you withdrew your petition for probaiving the Craven will, had you expressed in court any doubt concerning the genuineness of the Craven will?” I don’t think that I did.” 2 “Did you approve of the proceedings of your attorneys when they withdrew the Craven will?” “Yes, sir.” “Was the right reserved to bring for- ward the Craven will at any time?” “[ don't know; some rights were re- served.” 2 2 +Did you understand it that way?’ “Yes, I understood so; that it left open the right to bring the Craven will forward again.” 8Whnt happened between the time when the Craven will was filed and the time when it was withdrawn, Mr. Fair described in part. “We employed experts to ex- amine the handwriting. One of these told me that the will wasa fraud. Other people told me the same, Tiere are other circumstances which I do not care to dis- close at this time.” Mr. Delmas—I wish that you would disclose them. Mr. Hegeerty instructed the deponent not to answer, and his advice was fol- lowed. Mr. Fair also declared that he never had entertained any doubt that under the Craven will he would get one fourth of the estate. ““Was not one reason why you changed your attitude toward the Craven will that vou believed that the trust will, with the trust elimivated, was more favorable to you and that by adopting the trust will you would avoid the payment of $500,000 to Mrs. Nettie R. Craven?’ “No, sir.”’ “Did not the desire to avoid paying Mrs. Craven $500,000 influence your course?” “No, sir.” “Was not the decision left to Richard F. Dey concerning the amount which should be paid to Mrs. Craven?” r. Fair declined to answer. *‘Have you any ip:mem containing your father’s handwriting 2"’ I have some private letters of my father’s.” 4 *‘Were these letters used in testing the Craven will 2" Mr. Fair declined to answer that ques- tion, and also declined to answer whether he had produced all writings of hisfather’s as commanded to do by the subpena. He believed that certain of his father’s letters were submitted to an expert in 1895, after tue filing of the Craven will. He could not say how many there were of these let- ters. They have never been returned, and he declined to answer as to where they are. He supposed them to bein the pos- session of Mr. Treat, who is a clerk for Charles R. Wheeler of the firm of Garber, Boalt & Bishop. He last saw them in Mr. Treat's possession. That was seven or eight monthsago, The following dialogue occurred on this point: “Is Mr. Treat a photographer?” *1 believe that he is.” “Did he photograph those papers?” I don't know.” “Did you ever hear that he had photo- graphed them? “No.” Did you ever see the photographs?”’ es, some of them.”” “And those were madetfor the purpose of determining the genuineness of the vencil will by comparison 2’ “I believe that they were made for that purpose.” “Do you not know that they were made for that purpose?” “Yes, I know that.”’ The conclusion of the proceedings of the day were_interesting. Mr. Delmas asked whether Mr. Fair declined to produce the papers that were called for in the sub- na. Mr. Heggerty, attorney for Mr. ‘air, answered all the questions on this point for his client, and his answers were set down as coming from Me. Fair. “All that I want 1s an answer,” Mr. Delmas said, and suggested that Mr. Heg- gerty should shape the answer. Then he asked: “Do yon understand that the subpena calls upon you to produce all papers signed or purporting to be signed by your father, and do you, acting under that sub- pena, refuse to produce any papers?’” Mr. Heggerty declined, for his client, in several answers, to produce any papers unless the papersare specified so that they could be selected by Mr. Fair, but finally agreed that the papers which were given to Mr. Treat shall be produced before the deposition of Charles L. Fair shall be con- cluded. Mr. Delmas then said that he de- sired to see these papers and could not go on until they have been produced, and the further taking of Mr. Fair's deposition went over until next Wednesday at 10 A M. A PERSISTENT SUPERSTITION. He Enew It W Lucky to Find a Horseshoe. He had signaled the conductor of the car with both hands to stop, and as he Iunged off he knocked his traveling bag against the step. The blow was so vio- lent that the pag came open and scattered a comb, a hairbrush, a paper-backed novel and some newly laundered collars and cuffs promiscuously around the street, says the Detroit Free Press. His hat fell into a small puddle” and a wagon rolled over his walking-stick and broke it. Hastily gathering himself and his posses- sions together, he made his way to the curb, and addressing a man who was standing therelwatching him, said, appre- hensively: “Is it gone? Did any oneelse see it and pick itup?” . Without waiting for a reply he dived out into the street again and returned in tri- umph, bearing a horseshoe. “That's what I call luck,”” be remarked, gleefully. “There were a lot of people in that car who might have got this horse- shoe, but I managed to grab it before any one else did.” “What's up?”’ inquired the man onthe curbstone. ‘‘Is the Government paying a bounty for horseshoes?” 5 38 *“Why, man, it's the luckiest thing in the world fo pick up a horsesboe. T wouldn’t have missed it for anything.” “I don’t see that you have been so very lucky. You've spoiled your hat getting that precious piece of old iron.”” “Oh, well, it wasn’t a very new hat.” “And your stick is broken and your col- lars and cuffs are shockingly soiled.” “I know it. But I was bound to get that horseshoe.” He looked at his watch and exclaimed: 1 wonder if I have the right time."” “It’s just ten minutes of 2.” “And I was on my way to catch the 2 o'clock train! If I bad stuck to the car [ would have barely made it. I wouldn’t have missed that train for $150. I may as well go on downtown now and send a tele- gram saying that I can’t keep the engage- ment. I don’t know bow it’ll turn out, but it’s liable to cost me a good deal in time and in money, While I'm there I may as well buy a new hatand a new stick and some linen, and have the lock on this traveling-bag repaired. 1 certainly seem to be in trouble. About the only luck ['ve had to-day was finding that horseshoe.”” e it Sugar is an excellent meat preservative. NEW TO-DAY. WHERE IS THE WOMAN WHO CANNOT FIND SOME USE FOR DRESSGOODS DRESSGOODS DRESSGOODS IF SHE CAN BUY THEM AT HER OWN PRICE? That is exactly what she can now do at the CRED- ITORS’ SALE of the stock of J. SAMUELS, 104, 106, 108 Kearny street, at 42} cents on the dollar. Latest Designs, Newest Styles, Charming Effectsin Bou- cles, Jacquards, Soleils, Serges, etc., etc., must be turned into money at any cost. All 75¢ and s0c Dress Goods NOW 25¢ and 20¢c. All $1.50 and $1 Dress Goods NOW 65c and 50c. Novelty Suits, formerly $7.50.to $20, NOW $3.50 to $6. Remnants at any reasonable price. OBSERVE AISO THE STERLING BARGAINS IN OTHER DEPARTMENTS: 2 Black Brocaded Silks, handsomest in the city, worth = $1.25 to $1.75; sale price 65¢c to 85c. = $2.75 Lace Curtains at $1.25. g $2.25 Blankets at $1. = 125c Dimities at 4c. % Heavy Twilled Crash at s5c. = 10c Muslins at sc. If you have not been there, call at once. If you have been there, call again. STAR OF HOPE FOR THE AFFLICTED. Dr. Cook is the hope of the hopeless ; their star in the night of despair; a star that has already led untold thousands from the quagmires of disease and suffering up into the green fields of health and happiness. MEN ! ARE YOU troubled with exhausting dreams, vital losses, sleeplessness, pimples? ARE YOU bashful or averse to society ? ARE YOU losing your energy, ambition and self-confidence? ARE YOU subject toa tired, stupid, discontented, despondent, gloomy feeling? ARE YOU losing your memory? ARE YOU affected with weak, aching back and kidneys, frequent painful urination, sediment in urine, impotency or weakness of sexual organs and other sure signs of sexual debility and premature decay? IF YOU ARE thus afflictea you will find Doctor Cook to be your best friend. He will cure you—that is certain. He will qualify you for the pleasures, duties and responsibilities of sturdy manhood. and send you out into th:e world with life anew. Doctor Cook not only restores Lost Manhood and removes all its symptoms in young, middle-aged .and old men, but he cures gonorrheea, gleet, stricture, syphilis, varicocele, hydrocele and every form of sexual disease. He also cures piles, fistula, rupture and ailments of the eye, ear, throat, nose, brain, liver, lung, heart, kidney, stomach, bladder and urinary organs. Special attention given to women who are suffering from womb itrouble, painful or irregular menses, leucorrheea and other female complaint. If any power on earth can cure you Doctor Cook can. He especially desires chronic, stubborn cases upon which other physicians have experimented and failed. Perfect cures gnaranteed. If you cannot call upon Doctor Cook describe your troubles to him by letter, as Lis home treatment by mail is eminently satisfactory. Office hours9 to 12 4. ., 2 to 5apd 7to 8 . . Sunday from 10 to 12 a. 3. only. Address DOCTOR COOK, 865 Market Street, San Francisco, Cal. (OPPOSITE POWELL),