The San Francisco Call. Newspaper, August 21, 1896, Page 8

THE SAN FRANCISCO CALL, FRIDAY, AUGUST 21, 1896. FARMERS PROSPER BEST UNDER PROTECTION. It has long been the consensus of opin- jon among the students of economic sub- jects in the United States that whatever affects the farmer vitally must be the final test of what most directly influences the masses, In an article in THE CALL of Wednesday it was shown in a general way that without the protection of a reason- able tariff iarmers suffer untold miseries; that they are unable to sell their products afar or to meet with a living price for products in the United States. It is not necessary to go into minute details to show that some such tariff as thdt set - forth in the McKinley billis practically the only protection the farmer and horti- culturist of the United States have against the markets of the world, particu- larly against the cheap wheat of India and the Argentine Republic. It is well known that the grain fields of India and the Argentines severely com- pete with the United States, and those who have studied the question closest know that a wise protective tariff is the one Gibraltar of the United States. It should be fully understood that the heavy staples are not the only articles af- fected favorably or unfavorably by the tariff. So small a thing as eggs derive a great benefit from the doctrines of protec- tion. It was shown by Charles R. Buck- land in the American Economist not long ago that there is no industry more fatally affected by the tariff than eggs. Among other things he said: Let us look back for & period of ten years— from 1883 to 1893. Between 1883 and 1890 there was no tariff upon eggs. The hen prod- uet of the American farmer, raised by the American farmer’s wife, was sold in the Amer- jcan markets in open Competition with the eggs laid in Canada, in Austria, Belgium, China, Denmark, France, Germany, England, Scotland, Italy, Japan, Mexico, the Nether- lands and Cuba. This will be & surprise to many farmers, but it is a fact nevertheless. Let us now see to what extent the McKinley tariff by putting a duty on eggs has protected A Few Signal Instances of the Benefits of a Tariff to the Agriculturists of the American farmer’s egg basket, whether or not 1t checked the importation of foreign eggs. Here are the figures for eleven years: IMPORTS OF FOREIGN EaGS. Value. $2,667,604 2,A77,630 2d16.613 Under Free * Trade. * Protected October 6, 1890, at 5 cents per dozen. This is a remarkable exhibit. We find dur- ing the eight years, from 1883 to 1890, when we haa free trade in eggs, that we imported on an everage more than 15,500,000 dozen eggs every year—over 124,515,000 dozen of foreign egegs sold in this country in eight years. What an enermous quantity! What did they cost? During the eight years we paid away 1o foreign farmers more than $18.770, 000 for eggs alone in good American money. We paid away over $2,506,000 every year for foreign eggs; almost 50,000 every week of the eight years sent abroad to foreign farmers! This was what free trade did. Continuing in the same line with argu- menis unanswerable Mr. Buckland, hfter adducing,many tables, says: Most of the foreign eggs that we have im- ported came from Canada, and, now that there is to be no more protection for American eggs, we must expeet 1o pay out millions_of dollars again every year for foreign eggs. It may be asked why the American farmers cannot sell America. their eggs in Canada. There are two reasons why they cannot. There are but half a dozen small markets in that country, with a total pulation only one-fourta as iarge as New York City. This is one resscn. The other rea- son is that Canada protects her farmers by a tax of 5 cents per dozen on American €ggs SO as to prevent American farmers from selling there. The McKinley tariff protected our farmers, but the free-tradc Wilson tariff does not. The free-trade tariff throws the American markets open free 10 the Canadian farmers, while the Canadians tax the American farm- ers. The Cansadians protect themselves, but the Wilson bill of the free-trade party will not protect the American farmer’s egg basket. Perhaps one of the most important views of the question ever presented was that of Joseph Nimmo Jr. in an article on the tariff as it affects New York. Having studied the question closely, he said: After all that had been accomplished by a changed and_exceedingly refined agriculture and by tariff protection, the struggle was a hard one for the great majority of our farmers, and it was growing harder and harder mainly as a result of the cheap and discriminating freight rates afforded by Canadian railroads and their connections to Canadian farmers who, with the additional advantages of cheaper labor, were enabled to compete act- ively with our own farmers in the markets of New York City, Brooklyn, Albany, Buffalo and Rochester, and in the markets of almost all the principal towns and cities of the State. West- ern State competition is inevitable, under the absolute freedom of trade and industry which constitutes the most striking feature of our National unity, and it is submitted to without a murmar. But, in considering Canadian competition, we are forced by every motive of patriotism, of pecuniary interest and self-respect, to re- member thai “this Nation was founded by a union of States for the purpose of presenting to foreign powers an unbroken front.” Be- sides, the protection of American agricultural interests against Canadian competition is clearly suggested and justified by the ag- gressive commercial policy which has been pursued by Canada toward the United States during tné last forty years from the Banks of Newfoundiand to the Straits of San Juan de Fuca, and especially toward the State of New York. The Canadian canal system was con- ceived and completed with the sole object in view of diverting Western State commerce from New York transportation lines and irom New York trade centers. President Harrison has just brought the insolent Dominion Gov- ernment to terms for a discrimination against New York ports on Lake Ontario and on the St. Lawrence River in violation of the express provisions of the treaty of Washington, ratified in 1871, Besides, Canadian railroads and their con- nections in this country are able to set at defi- ance the restraints of our interstate commerce law, aud to give to Canadian farmers better rates to our own great markets than are en- joyed by a large proportion of the farmers of New York. Thus,a ruw of Congress is made to work to the injury of New York farmers. A most aggressive and outrageous law of the Canadian Government also empowers and in- cites the Canadian roads to such aggression. This assault upon American interesis is con- tained 1n Canadian statutory provisions, to which the attention of the country has been ;lilgected by the Interstate Commerce Commis- n. The result of all this stress of competition and Canadian aggression upen New York agri- cultural and commercial interests was that. when the “McKinley bill”” was being prepared kl;ytheCommmeo Ways and Means of the ouseof Representatives, solicitous and most earnest appeals for protection of the agricul- tural interests of the State of New York came up to Congress from Chautauqua at the west, and St. Lawrence at the north, to the extreme limit of old Suffolk pointing seaward. New York farmers asked for only such pro- tective duties upon their staple products as would give them a chance to earn the narrow margin of profits which is necessary in order to keep any industry alive. The protection gm(hz was fully and generously granted, and & r?n‘\‘n inaugurated a new era in New York 2. The appeals for protection in the McKinley act, to which I have &uu referred, came alike from Republican and from Democratic farm- ers through specially appointed orators and also through presentatives in Congress of both the two great political parties. And yet itisa lamentable record of our political his- tory that the needed protection, so generously and so justly granted, did not receive the afirmative vote of a single Democratic mem- “’r" ]t:l Congress from the great State of New ork. The farmers of the State have been greatly benefited by the protection accorded them in the McKinley act, and they would unitedly and strenuously oppose its abolition, believ- ing that the repeal of the present duties would Dbe disastrous to them. hat was the status of protection as it affected the New York farmer two years ago, bur, in a similar way varying n dif- ferent sections of the country.” The ques- gh:n appeals to the masses of agricuitur- ists, The closer one studies the question with relatiou to the general welfare of the farm- er the more thoroughly is he convinced that the American farmer is at a great dis- advantage without some such benign in- fluence as a protective tariff. Without protection his products are each year more and more at the mercy of the cheap prod- ucts of the world. 3 It has long been the opinion .of experts that the American farmers’ prosperity de- pends on the general welfare of the coun- try, and without protection the industries which make farmers prosperous fail, and general hard times ensue. ELOOUENT APPEAL T0 ALL VETERANS, Ten Thousand Circulars; Sent to Soldiers and | Sailors. ! FOR COMRADE M'KINLEY Army and Navy Republican League Fires the First Gun for Victory. THE CAUSE IS PURE POLITICS. 0:d Warriors Again Summonel for the Honor of the Conntry and Glory cf the Flag. { The Army and Navy Republican League of California, through General Robert A. Friedrich, its commander-in-chief, has issued an appeal to the Union soldiersand sailors to support their late comrade in arms, Major McKinley. Ten thousand circulars will tribated to-day. *‘As in the days of 61, the circu]sr‘ states, “‘the people look to vou to stand | for the honor of the country and the glory | of the flag.”" On tte first page in large letters is the command and appeal, “Ex- Union Soldiers and Bailors to the Front.” Following this is a letter to the Union soldiers and | sailors of California. It reads in partas follow | Comrades—The battle for the restoration of the country to that condition of prosperity and | happiness in which it was turned over to Demoeratic rule four years ago, and to save it and be dis- National rchy, is on. every part of the United States our com- | es, distegarding past party affiliations and | tunted soely from a high sense of patriotic duty, making loyaity to_and love of the Union | paramount to every other consideration, are coming to the front and pledging their un- wavering support to William McKinley and | the great principles of protection, prosperity | snd National integrity which he’ represents and personifies. They see and realize the danger which menacés the welisre and perpetuity of the Union if the wild and reckless theories advo- cated by those nominated on the Chicago plat- furm shouid prevail. he letter further recites that on the 8th inst., in New York, a meeting of distin- | guished soldiers was held and an organiz- | ation effected for the purpose of aiding in | the election of McKinley. Among them was that old battle-scarred hero, General | Daniel E. Sickles, always a Democrat; General Franz Siegel, Horace Porter, L. Edwin Dudley, Oliver O. Howard and seventy-five former major-generals and | officers of the Union nxm‘i{ Another letter succeeding this is di- rected to the surviving soldiers and sailors | who served in the Union army and navy | during the war of the Rebellion; it states: | Comrades—Your country is again in peril. | In the Presidential campaign dangerous com- | binations again threaten the integrity of the Government. Misguided and unscrupulous | men _conspire to bring repudiation, dishonor | and financial ruin upon the Nation once saved | by your valor. | Comrades, you believe in liberty under law; | in public order; in the maintenance of our courts of justice and in National honor and | good iaith. You are unalterably opposed to | ihe red flag of anarchy and mob rule. We be lieve that yon resent with earnesiness all tacks upon the executive and judicial depart- ments of our Government and commend all measures which yindicate the supremacy of | the law and restore publicorder whenever en- | dangered. Should this dangerous and revolu- | tionary conspiracy sgainst the financial honor | and integrity of the Government succeed | every pensioner, every depositor in savings banks, y policy-holder in any company, co-operative and building and loan ‘association | and assessment society would lose one-half of | 1\5‘111?[ is due him by being paid 50-cent silver | ollars. Continuing, the circular quotes a letter written to a comrade by General Sickles, speaking of McKinley'sadmirable military record and one to whom every soldier should lock with pride. The declaration of the late Re}mblicnn convention on the subject of pensions and the rights of soldiers follows. This is put in strong contrast to the declaration of the Democratic piatform, which says: We heartily indorse the rule of the present Commissioner of Pensions that no name shall be arbitrarily dropped from the pension roll. Commenting on this the circular says: Can any soldier be deceived by this misera- ble subterfuge and lie? It is an ‘insult to your intelligence. Is not this just what Mr. Com- | missioner of Pensions is and has been doing— | dropping Worthy sodiers arbitrarily from the nsion rolls by hundreds, after 8 farce of an nvestigation by his inspired appoiniees? there nn¥ pledge of future legislation in t% o trom dishonor, repudiation | platform for the soldier or sailor? Is there a; promise of employment or recognition? Reas the two platiorms and judge for yourselves. The circular concludes with sketch of McKinley’s army ureer.l e The roll of the Army and Navy Repub- | placed under arrest. | in his pockets. | ease to lican League since it was opened in Janu: ary last has an increase of 500 names, mak- ing 1500 in all. The number of names is increasing every day. BULLETS WENT WIDE, | A Saloon-Keeper Fired At Twice by Thomas Dolan and Fortun- ately Escapes. Thomas Dolan, a ‘‘dope fiend,” got on the warpath yesterday, and he is now in the City Prison on a charge of assault with a deadly weapon. Early yesterday morning he went into the saloon at 717 Howard street and got a revolver which he had left there, He and the barkeeper had some words and Dolan smashed a window and several other articles. About 1 o’clock yesterday afternoon he went into White's saloon on Hunt and Third streets, accompanied by a friend. He ordered twodrinks, but would only pay forone. White remonstrated with him, and he began to hammer on the counter. White told him to make less noise, and with an oath he pulled a revolver out of his pocket and fired two shots at White, the bullets passing between White and a customer, fortunately not striking either of them. Dolan ran out of the saloon, up Third street and into Sherwood place, where he was overtaken by Policeman Tyrrell and In his flight he threw away the revolver, and it was picked up by William Docherty. ‘When searched at the Southern police station a gold watch, a silver watch, a pawn ticket for another watch and $60 were found Detective Ryan is investi- gating as to how Dolan became possessed of so many watches. / UNPROTECTED FROM FIRE The Chemical Engine Has Been Removed From North Beach. Irdignant Citizens Will Hold a Mass. Meeting to Protest Against This Action. The residents of the Second Ward, that part of the City commonly called North Beach, which lies between Russian and Telegraph bills, from Broadway north to | the bay, have a serious grievance against the Fire Department authorities. The chemical engine that was located on Stock- ton street has been removed to the Broad- way engine-house and the entire large dis. trict mentioned is practically unprotected. The propetty-owners of the Second Ward do not propose to submit to this injustice, and the case will soon be discussed at a generai mass or indignation meeting, It is proposed to draw up resolations con- demning the Fire Deoartment for remov- ing the chemical engine from its sphere of usefulness; also to appoint a committee to present the resolutions to the Board of Fire Commissioners and demand that the engine in question be returned to its former location. One of the residents of the district who owns considerable property there summed up t e situation in this way: *We who live here and own property in this ward consider the removal of the chemical engine from Stockton and Fil- bert streets as an outrage. The engine was taken over to Broadway to protect Chinatown, which everybody would like to see wiped out by fire. ““In case of a fire in the middle of this aistrict we would have to wait for a long time for the arrival of the engines from Broadway or the engine-house down on Francisco street. The latter engine can- not climb hills to any advantage even with its three big horses, and as it is Jo- cated at the foot of the hill half of the ward would burn up before a single stream of water could be started. ‘“‘North Beach is the cidest part of the City | and all of its buildings while still good are old-time wooden structures thut burn like matches. Let a fire start at the foot of either of the hills during the high winds we have and thousands of dollars’ worth of property would be destroyed, to_ say nothing of the hundreds of people who would be made homeless. *‘The chemical engine on several occa- sions prevented large fires on the hills because it was light and could run with places where the big steamers could not get without great ditliculty and delay. “To add to the offense to the people here District Engineer Shaughnessey has moved his family into the upper story of the old chemical engine-house. ““What right has bhe to use the City's property in order to save house rent, which so many of the taxpayers have to pay? Speaking of taxes, we pay as large taxes as people in the other parts of the City and are entitled to as much protec- tion from fire as any one. “This mass-meeting, or indignation- meeting, movement is being inaugurated by all the large property-owners of the distriet. We want the chemical engine n.hck"nnd 1f we don’t get it we will know why.' ——pie Anothor Fifth-Street Suit. John Lyons, a hodearrier, who was injured in the wreck of the building at 22 Fifth strees in June, hes sued the owuer of the building and the cohtractor engaged in rdising it for $20,000 damages for personal injuries alleged to be permanent. GOLDEN BAR WITH A HISTORY, First Stolen From a Mexi- can Gold Mining Company. BURIED IN THE GROUND Leads to the Capture of Thieves as They Are Exhum- ing It. WERE MADE TO CONFESS. Now It Has Arrived in This City and Has Reached the Hands of Its Owners. The celebrated bar of gold vaiued at over $12,000 which was stolen from the Ybarra Gold Mining Company at Ensenada over ayearand a half ago and only recently and bad him shadowed from the day he left prison. About a month ago Garrett chartered a junk called the Peking at San Diego and left there, and Riveroll's de- tectives set out after him, sending word to Ensenada to Riveroli to be on the lookout. Garrett's boat steered for Ensenada and landed about six milesnorth oi that point. There he was met by a man named Hay- wards of Ensanada, who had a team and two horses, and they started to drive by a circuitous route to Ensenada, followed at a distance by Riverols detectives and some Government officers whom the latter had notified in the meantime. Garrett and Haywards finally made a stop and unhitched the horses and mounted them, leaving the wagon. The officers stayed by the wagon, expecting the suspects to return to it with their booty. They did return, but empty handed. The officers covered them with their guns and then accused them of the theft of the gold bar, threatening to shoot them | if they did not confess and lead them to its hiding place. Garrett and Haywards knew well the customs of the country and knew that the officers meant business, and Garrett broke down and confessed to the theft and offered to lead the oflicers to the place where the bar was hidden. He took them back to the town of Ensenadatoa point on the shore 600 feet from a wharf, | 1800 feet from the Custom-house and in plain view of the barracks and the entire town, and there the loug missing bar was found a few feet below the suriace, cov- ered with gunnysacks. None of the coin taken from the bank was there, and the presumption is i1f Garrett also commitied that robbery he either hid it elsewhere or had spent it, the amount not being very large. Garrett was taken before the Governor and asked how he committed the robbery. He said he had opened the sufe by the combination and would bet he could open any safe in Ensenada the same way in ten minutes or less. He was taken to the safe, the combination of which had been twice changed since the robbery, ana opened it in seven minutes and another one in the | THE GOLD BULLION BAR. recovered, arrived here yesterday by ex- press from the company’s agent at San Diego, and is now safe in the hands of its proper owners. The story ot the theft and ultimate re- covery of this precious bar of bullion is of more than ordinary interest, and reads almost like fiction. The bar like many others of its kind left the company’s mines at Calmalli, Lower California, on March 15, 1895, and was transported on a packmule to Santo Domingo, whence it was shipped by the company’s schooner Anita to Ensenada, and there given in charge of their agent, Manuel Riveroll, for him to ship to San Diego by steamer. Riveroll placed it in his safe, and that night the safe was opened by the com- bination and the bar stolen. The same night the safe of the Bank of Ensenada was opened the same way, and consider- able gold and silver coin taken. Riveroll reported the loss of the bar to the authori ties the next day, and was himself a rested on suspicion, as was also his boo. keeper, Allen Prait, they being the on! ones who knew the combination. J. II Garrett, a great friend of Pratt’s, and who was a sort of idler around the town, was also arrested, together with the cashier of the bank, Jackson. Nothing could be learned from the sus- pects, however, and no trace whatever of the missing baror the money taken from the bank could be tound. Jackson was released from custody, and after four months Riveroll was given his freedom. He had suffered greatly by the close con- tinement, and to.add to his misfortunes his wife had died during his imprison- ment and hg had long&l l:fi ; ncies -rr;d business and mortga, 8 property to the mining company to make :oog'lhe loss of the $12,000 bar. Sixteen months after the bar whs stolen, some time during last month, Pratt and Garrett were tried for the theft of the bar and released for want of evidence, Their confinement told on them, for they had been cast into a prison that was far from healthy and had been forced to mingle with Indians, Mexicans and other crimi- nals. Both were about broken down in health. Pratt came to San Francisco and is now employed in an insurance company here, Garrett went to Los Angeles and then to San Diego, and caused to be published in the papers there some exceed ngly bitter things about the Mexican Government ana of their treatment while in confine- ment there. Riveroll had always been same office in three minutes. He opened | half a dozen others in the presence of the | officers in from one to five minutes. As Garrett had already been tried and acquitted of the erime he could not, ac- cording to the laws of Mexico, again be held for it, and he was released by the au- thorities with reluctance and left immedi- ately for Los Anfielea, where he now is, The bar was handed over to the mining company and by them shipped to San Diego, whence it was expressed to San Franeisco, arriving yesterday. The bar 1s asolid block of gold nearly rectangular in shape and measures 73 inches long on top by 81 inches long on the_botmm,_ss-ls inches’ wide on top by 87 inches wide on the bottom, and is 214 inches high. Tt weighs 636 ouncss troy, or 53 pounds, and is marked as valued at $12,608, although its aciual valueis said to more. The gold is 959 fine, and when minted by the company will Brinz more than the value named, as the United States does not put into its coin gold as fine as that in this bar. Stamped into the bar is the following in- aec;; tig;:i .“Noé 22, gold %fiagflne. Ybn;-ra ning Compan: 0zs., value | $12,608.”” ‘The bar will byg exhibited in tie window of Satro & Co., 408 Montgomery street, to-day and to-morrow, and will th;;n be sent to the Mint. iveroll, who was the company’s agent at Ensenada, will doubtless be restored to his position, having Leen completely ex- :'naesn'tle;; b}v, “22 ctfilf@!!iofl of Garrett, as Ta is property has been returned to him, and the com ny will make such amends as are possible.” The mines at Calmilla are producing consider- able gold, the company having taken out about $236,000, “As its investment there is about $461,000, however, it is not yet even, The directors of the company are all gomh\ent San Franciscans, beingz M. M, echt, president; T. G. Cantrell, vice- Erenldent; James Coffin, secretary; J. W. utler, J. D. McKee, William Fries, W. S. Davis; A. J. Mayer, assistant secretary; i’n‘i’l’l’:.l W. Abbott, superintendent at Cal- — The Divorce Court. Judge Troutt yesterday granted Sarah E. Sarsfield a divorce from John H. Sarsfield be- cause of the latter's wiliful neglect. Margaret L. Meachan was freed from Fred C. Meachan by. Judge Troutt. Desertion was the cause. The custody of a minor child was awarded to lnintli x&:‘;l‘l’:@m :ine i d’l;ofifedlhom Fret}el:’lck ound o u Black made ihs:decm. 2 iapt i Arabelia M. Hicks was divorced from John suspicious that Garrett was the real thief, W. Hicks by Jud, i3 thegrm{nd.n-“ Daingerfield, Desertion STILL ADVANCING INTO THE VALLEY Another Section of the Peo- ple’s Road to Be Opened To-Day. MORE REDUCED RATES. Traffic Manager Moss Will Put Them Into Effect at Once. CONSTRUCTION SOON TO CEASE. One Hundred and Four Miles of the Competing Railroad Now Ready for Business. Now that track-laying is finished on the Valley road until the Fresno obstruction- ists become reasonable and permit the road to enter that town without being heavily penalized for the benefits it will confer on all Fresnoites, it is the intention to at once put into operation every avail- able mile of the completed road. At the present time the stretch of eighty- two miles between Stockton and La Grand isin full operation, and to-day it is pro- posed to add another length of twenty-two miles to the operated portion of the road. This will be the section between La Grande and Lankershim, and will take in the latter station and also Marguerite, Sharon and Miller. No further portion of the road will be placed in operation until the present trouble over damage claims made by resi- dents along the road’s right of way in the tcwn of Fresno is settled. Lankershim is twenty-one miles from Fresno, but the in- tervening territory gives little promise of traffic, Traffic Manager John Moss has been busy for the past few days preparing the freight schedule for the section of road to be newly opened and expects to issue the new rates to-day. They will show the same proportion of reductions in compari- son with the rates of the Southern Pacific Company as the rates previously issued by the Valley road. ‘With the increase of labor entailed by the road being regularly opened for busi- ness, has come the necessity of relieving Mr. Moss, and that gentleman yesterday appointed as his assistant J. Shepherd Jenks, who had learned the details of rail- road freight business under the adminis- tration of Mr. Moss while the latter was with the Southern Pacific Company as chief freight clerk. Mr, Jenks was with the Southern Pacific Company for more than ten years, and is familiar with Mr. Moss’s methods of doing business. He comxmenced his duties yesterday. Construction work on the Valley road will be suspended in gbout three weeks; this will mean that about 600 men will be thrown out of employment till building operations are resumed. The 400 men who were employed by the contractors have already been laid off, and within the next twenty days the 200 men in the ser- vice of the road will have completed the work of putting in sidetracks and putting the finishing touches on the tracks else- where. All but fifty of these will then *be discharged. The men retained will act as section-hands. Extensive consuruction work will not be resumed until after the election. Yesterday Vice-President Robert Watt, Captain Payson and Chief Engineer Storey left here for a tour of inspection, to extend to the present terminus of the line. They expect to be back on Saturday. CRAIG’S JOB SAFE. Kern County’s Clerkship Is Placed Be- yond the Reach of N. R. Packard. The contest between N. R. Packard and F. W. Craig as to which of the two 1s to be legally regarded as County Clerk of Kern County has been set at rest by the Su- preme Court. The judgment of the lower court was in favor of Craig, and Packard appenied on the ground that the decision was not justified by the evidence, contend- ing that the majority of votes had been cast for him. This allegation not being supported by the testimony. the Supreme Court affirmed the decision appealed from. R Justice Hawkins will be 80 years of age in September. 7 TORRENTS OF TALK ON THE FRANCHISE Arguments on the Demur- rers to Fletcher's . " Petitions. NO DECISION REACHED. Supervisors Denounced as Being Anxious to Betray the City. RAILROAD ATTORNEY PRESENT The Discussion of the Injunction Will Be Commenced on Tuesday Morning. ‘W. T. Baggett, representing George R. Fletcher; Leon Samuels, also representing Mr. Fletcher; W. J. Brobeck, of the City and County Attorney’s office, representing the Board of Supervisors of San Francisco, and J. E. Foulds, a Southern Pacific at- torney representing no one in particular, argued aliday yesterday in Judge Dainger- field’s court on the subject of the demur- rers to the writs and injunctions directed to the Board of Supervisors in the matter of the disposition of the Geary-street rail- road franchise. All day long the untiring attorneys talked, and when, late in the evening, prodded to action by the increasing de- mands of a healthy appetite, Mr. Brobeck announced that he did not care to argue the matter further, the weary Judge heaved a sigh of relief and asked when the lawyers would continue. With all the hours of maxillary music only the argument as to the writs had been completed. The injunction is yet to be heard from. As the battle over it will be as wordy as that over the writs, Judge Daingerfield is in imminent danger of be- ing talked to death next Tuesday when the torrent of words will again be un- loosed. Yesterday’s proceedings were enlivened at times by good-natured tiits between Mr. Baggett and Mr. Brobeck. Then again, rencounters notso conspicuous took place. The morning session was consumed in arguments on the subject' matter of the complaints, The point raised that ihe letter of the law had not been complied with when the bids for the franchise were adyertised for was discussed. The statute says that the bids must be advertised for on ten consecutive days, whereas in the present case two legal holi- days intervened. Then the wording of the resoludon, which specified that 2™ per cent of the gross receipts of the company securing the franchise must be annually paid into the city treasury, was deciared to be a catch to shut out all bidders but the Geary-street, Park and Ocean Railway Company. The same was alleged of the clause which provides that work on the road for which the franchise 1s issued must be begun within a year and com- pleted within three years. The question as to whether the Board of Supervisors would act judicially or legislatively in granting the franchise was also disagreed upon. ,:Mr. Baggett and Mr. Samuels in their arguments claimed that the Supervisors would act judiciously and also said that the entire attempt to erant the franchise was an attempt at stupendous fraud; an attempt to sell for a few thousand dollars a franchise worth a million. On the con- trary, Brobeck said that the Supervisors should be commended for endeavoring to secure a percentage of the gross receipts of the company, which would aggregate in twenty-five years much more thana million dollars. The question of Mr. Fletcher’s interest in the suit as a taxpayer was talked over and resulted in a bit_of repartee being exchanged between Mr. Baggett, Mr. Foulds and Mr. Brobeck. Baggett claimed that Fletcher is an interested party and that it is so alleged in the petitions. Foulds disputed this statement, saving that the allegation was contained in only the petition for an injunction, which was not then on argument. aggett admitted that Fletcher was in- terested only as a taxpayer in the price realized for the franchise, whereupon Foulds suggestea that Baggett was trying to mislead the court. “‘Perhaps the court is not so easily mis- led as is the counsel,” mildly suggested Baggett. ‘At any rate, Mr. Brobeck has admitted that Fletcher is a party inter- ested.” Foulds denied this, saying that if Mr., Berbeck had done so, it was unintentional. “I am surprised that Mr. Foulds thinks it necessary to explain Mr. Brobeck’s action,’’ said Mr. Baggett. ‘'Itseems to me that there is remarkable harmony be- tween Mr. Foulds and the City’s legai rep- resentative. May I proceed, Mr. Foulds?'’ Mr. Baggett’s argument filled the morn- ing session and overflowed into the after- noon proceedings. Immediately after luncheon, refreshed and rejuvenated, he began again, He started by referring to the 2-per centi clause, and aflirmed that it was not contained in the original petition of the railroad company, but had been illegally inserted by the Supervisors with- out the assent of the petitioner. *The conditions of the bid, as set forth in the advertisement, amount to a viola- tion of the law,” said he, ‘‘for the board amended the application for the franchise to the extent of the addition of a bid, which the Supreme Court has held ille- al. “How do we know,”’ continued the attor- ney, “that they do not want this franchise fi;r l.’he purpose of shutting out competi- tion ? “There is a street railroad in operation llonitha proposed route, with a franchise that has seven years to run. The Super- visors havs no right to grantanother fran- chise so long as that one is 1 operation. Common-sense woula not allow us to permit a stranger to come into court and say that the owners of the old franchise wish to abandon it. This whole proceeding is shown, on its face, to be an absurdity, for the conditions say that work on the new road must be commenced within one year. There could only beone bidder under such a condition, and’it looks very much to me as if the entire resolu- tion was framed so that such would be the case. I do not see how a body of hon after their attention hldybenn d:::vl:.:; this fact, could proceed as the Board of Snpéavrl:n::n have done. “What must we say when th i the City and Cpun% Atmrmqu:g::: hers and say, ‘Itis true we have tried to dispose of this franchise. We know that we are robbing the public, but what are you going to do about it?" They do not deny anything. They simply say, ‘There is no law in the land to prevent t perpe- tration of this villainy.’ But there is. There is a remedy. '{hem is always a nflave;ig.:vlilen there is a wrong.” s your remedy,” i Br.o:sri:!k. smilingly. 37 g ad Mr ‘A writ of certiorari,” replied He then went on to nl:z)v. by uo?i::'lnu‘:‘o ranting the franchise, and hence be sub- ject to a writ of certiorar1, Mr. Fleteher's right to sue was then gone_into, after which subject was dis- posed of Mr. Baggett subsided, Mr. Brobeck then got the floor and be- gan his argument by stating that he ap- peared not as an attorney for the rail- road, as Mr. Bazgett had intimated, butin his official cupacxtfias Assistant City and County Attorney. He then argued against the statements of Messrs. Baggett and Samuels, but failed to produce any author- ities or law sustaining his position. His only new statement of interest was that personally he believed that the street rail- roads should be compe),lod to pay 10 per cent of their gross earnings into the City treasury instead of 2 per cent.‘ Mr. Baggett closed the day’s argument by stating that the percentage bid is a dishonest man’s proposition anvhow, that a aishonest man could bid a certain percentage and a certain amount of money, say $20,000, and so secure a franchise for which an honest man, who intended to pay what he bid, could not afford to com- pete. Having secured the privilege, the dishonest man pays little or nothing. . Argument on the injunction proceeding will begin on Tuesday next at 10 A, M. SHE WANTS HER HUSBAND. Mrs. Max Levin Rendered Insane by Her Spouse’s Desertion. Mrs. Max Levin of 434 Jessie street was before Judge Sanderson yesterday for ex- amination as to her ‘sanity. She was ar- rested on complaint of Samuel and Dora Adelstein of 1017 Post street. Mrs. Levin came to this City seven months ago with her husband, who five months ago deserted her. Her grief over his absence 1s probably the cause of her trouble. Some time ago Mrs. Levin re- ceived a letter from her brother who lives in New York, informing her that he had heard that her recreant husband was living at 1017 Post street with another woman. Since that time Mrs. Levin bas made life miserable for the Adelsteins. She has watched the house constantly, hoping to get a glimpse of her husband, and recently secured a search warrantand went through the Adelstein domicile from cellar to at- tic. Although she failed to find the ob- ject of her search her vigilance has not relaxed. Mrs. Levin seems rational on all subjects except that of ber husband’s desertion, and the court decided to hold the matter in abeyance until the brother in New York can be heard from. It is thought that with proper care and attentidn her mind can be saved. - Ashley Case Postponed. 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