The San Francisco Call. Newspaper, August 29, 1896, Page 8

‘'THE SAN FRANCISCO CALL, SATURDAY, AUGUST 29, 1896. MJ THEIR SLOGAN STILL SOUNDS, Wheelmen Rejoice Over the Backdown of the Southern Pacific. THE BATTLE STILL ON. Will Not Rest Till Bicycles as Baggage Becomes a State Law. COLONEL CROCKER DID IT. Candidates for the Assemb'y Already | Begin to Court the Many | Wheelmen. Freedom for wheelmen of this section of the State was officially prozlaimed yester- | day by the Southern Pacific in accordance | the announcement made by THE| CarLL yesterday. | To many of the cyclists the news as pub- | lished i THE CaLrappeared to be too good | to be true, coming as it did so soon after | the opening of the campaign in opposition | to the provosed course of the railroad, but | when its full import was fairly realized there was joy and jubilation at the head- quarters of every club and wherever wheelmen are in the babit of gathering. From the office of General Passenger | Agent T. H. Goodman instructions were sent out yesterday to every railroad agent in the territory between San Francisco, San Jose, Vallejo, Martinez and Benicia informing them that the order imposing | a charge on the carriage of bicycles was | canceled and that bicycles were to be transported between the points namea | iree of charge as heretofore. - Wheelmen owe their thanks to Colonel | Charles ¥. Crocker for the .withdrawal of | the obnoxious order. There was long and | nterestiug discussion in his office on | Wednesday. In the course of this Traffic | Manager J. C. Stubhs argued in favor of | the order being made effective, on the| ground that the Southern Pacific Com- pany, as a member of various raiiroad as- | sociations, owed it to the other members | of these associations, and to consistency, | to impose a charge on the transportation | of wheels everywhere within the State. He referred to the fact that all other roads | are making such charges, and argued that | there was nothing unfair nor unjust in such a course. Colonel Crocker listened patiently, and | then spoxe of the feeling that had already | been aroused snd s:owed his inelinations | generally to be in favor of the abrogation of :he order under consideration. | The conference ended without any de- | cision having been reached. Late Thur: day afternoon Colonel Crocker had a other short consuntation with Mr. Stubbs, | and the outcome was the determination to recall the objectionable order from motives | of policy as well as of profit. Bat this de- | cisive victory has but whettea the appetite | of the wheelmen for war, and it will be | waged unceasingly and unrelentingly un- | til the day the ballots are cast in the No- | vember election. It is the confident hope | of the wheelmen that on that day will be | elected oniy such members oi the Legig- | lature as have pledged themselves to the! wheelmen's cause. Bicycles as baggage, and good roads, will be their slogan dur- ing the campaign. Where the day before Traffic Manager “ Stubbs of the Southern Pacific Railroad was the Banquo's ghost which would not down, ysesterday the wheelmen, subse- quent to the announcement in THE CALL | that the order fixing a charge for the | transportation of bicycles would be re- scinded, would have extended the traffic | manager the giad und apologetic band if | they had collided with him on the street. | But though the late order, which created | 0 much commotion, is off, the agitation | ior an Armstrong bill will not die. Wheel- men said yesterday that 1t will be con- tinued and carried with a whoop into Sac- | ramento next fall. The agitation has gone too far to be stopped. The wheel- | men of the State will see that it gathers | strength steadily till election day. | Would-be candidates for the Legisla-y ture do not underrate the strength of -the wheelmen 1n San Francisco. Many of them have sought out leading local wheel- men, stated that they are in favor of an | Armstrong bill, and expressed a willing- | ness and desire to meet. the executive | committee of the Wheelmen’s Municipal | The executive committee will | meet candidates. . The battle is not yet | over. The wheelmen ~il not be caught | napping. { *I am so glad Mr. Stubbs has rescinded | the order, and now we won't have any | more trouble about it,” said Miss Mamie | E. McCarthy, president of the Alpha | €ycling Club, who is a clerk in the office | of R. G. Dun & Co. "I was surprised when | Iread it in THE CALL this morning, and | now we won’t have to hold an indignation meeting. They charged me fifty pounds baggage for my wheel several weeks ago in Southern California. Ido not think that was fair. I have taken my wheel out of the car with the tire punctured and collapsed. They stuck pins in it. How do I know it was a pin? Well, don’t 1 know & pin-hole when Isee it! The holes were too small to be made by anything else. Idonot know who did it, but it couldn’t have been done except through meanness. From what other motive would_ any one stick pins in a tire? 1 think the boys had better keep up the agitation though till we get an Armstrong law through the Legisiature, and then we will be.on the safe side.” Allen Jones, a local racer of prominence in the émvpioy of T. H. B. Varney, said: “THE CaLL did it and I am glad of it. I aid not think the charge would create such a breeze. All the wheelmen whom I have heerd speak about it are delighted. The rescinding of the order may be a scheme to throw us off the track untit after election and it may be permanent; but we can’t tell. Therefore tue wisest thing to do is to bave an Armstrong bill passed by the Legislature anyhow, and then we shall be on the safe side. If we don’t get the bill passed this winter we can't do a thing for two or three years. The L. A. W, and the Wheelmen’s Muni- cipal League should keep right on work- ing up the Armstrong bill.”” “I was surprised to read in THE CaArn that the order would be rescinded,” said J. 8. Conwell, presidentof the Cycle Board of Trade. ““We owe it to the newspapers, and THE CaLy in particular. Itis a great victory. I think theSouthern Pacific will lose nothing oy it. They wiil gain in good wili if in nothing else. But an Arm- strong bill should be passed notwithstand- ing the rescinding order. We had a cer- tain free zone of twenty-five or thirty miles before, but as far away as San Jose and Santa Cruz we had to pay for wheels. The free zone should include the entire State. If you put a bicycle in a trunk and lock it up the company carries it and bandles 1t as baggage, but for the naked wheel they charge. If a man has two pieces of bagzage, both inside tne limit weight for baegage, why should one piece be inclosed in another? . “InNew York the railroads have hooks in the top of the baggage-cars, on which wheels are hung by the frames with satety to the wheels and without inconvenience. { | what divergent views. 1 say, keep up the fight for an Armstron,; pill. Certain railroads running out o Chicago are bidding for the trade of cy- clists, Candidates for the Assembly want 1o meet us. I have heard from several of them. The agtual voting strength of wheelmen in Shn Francisco is 70%0_ In addition to these every wheelman has a friend, almost without exception, to whom he loans or rents his wheel for occasional trips, and all of these riders are for good roads and free transportation of wheels as baggage and are entirely in sympathy with us. Anybody who has ridden down Mar- ket street and had his teeth nearly jarred out is in sympathy with us.” President C. E. Adams of the Olympic Bicycle Club says he does not understand why the Southern Pacilic with the knowl- edge its officials must have had that wheel- men were alive in the interest of an Arm- strong bill in this State, and in the face of the organization of a Wheelmen’s Muni- cipal League,should have imposed a charge on bicycles. *“We are all pleased,” he said, *‘that the order is to be rescinded. I say Keep up the agitation till alaw simi- lar to the Armstrong bill is passed by our Legislature. Ido not want to suspect the Southern Pacific of any ulterior motive in rescinding the order, but that would be the best course to pursue. But it is as Mr. Stubbs says—they have furnished us with accommodations sometimes when we have asked for them. However, 1 do not see that bicycles are any harder to handle or more undesirable to handle than milk- cans which the company carries on its passenger trains and which frequently delay the train in the handling. Iam not in favor of wheelmen entering politics as a political organization with candidates of their own for various offices, burt let them rally to the protection of their own in- terests. Developments have shown the wheelmen that they have political strength." Bicyclists on the wing on Golden Gate | | avenue last evening paused to express their gratification at the retreat of the Southern Pacific Railroad from its impo- sition of the charge for the transportation of wheels on ferries and trains, A group of cyclers of both sexes expressed almost |in chorus very candid opinions of the order, and their joy at its withdrawal. J. F. Morris, past president of the San Francisco Road Club, was encountered as he was coming out of that club with his wheel. Hesaid: ‘“We naturally feel much elated at the rescinding of the order. However, we shall keep up the battle for the passage of a bill by the Legislature classing bicycles as baggage and requiring all railroads in the State to cairy them iree as bagzage, We also want better streets and roads. We will not attempt to interfere in the nomination of a Street Commissioner, but we will subport only the Street Commissioner who will give us improved streets. I am in favor of keep- ing at it till an Armstrong bill is passed.” Harry Larkin, secretary of the Bay City Wheelmen, expressed original and some- He said: *‘Many members of our club did not look ‘upon the 10-cent charge for carrying wheels on the ferries with so much disfavor as some of the other wheelmen. We thought it would have a tendency to keep off the tbe boats the hoodlum element among wheelmen, who often make things so dis- agreeable on the boats. The members of this club will take no active political part in the campsaign. The L. A. W. does that sort of business. This is a L. A. W. club, and we will stand behind the L. A. W. If this club had among its members a candi- date for office we would get ont and work for him. Butit’s the L. A. W.’s duty to look after politics. Our members favur the passage of an Armstrong bill, but we are not going actively into politics.” SrATetans ON THE OTHER SHORE. Oakland Cyclers Indignant at the Order and Glad It Was Rescinded. OAKLAND, CaL., Aug. 28.—The order of the Southern Pacific Railroad Company to charge for bicycles caused a storm of in- dignation here, and the news that it had been rescinded was received with expres- sions of gratification. Mayor Davie said: “The effort of the Southern Pacific Company to charge for carrying bicycles in this vicinity is fully in accord with its well-known policy to get ‘all the traffic will bear.” The officials of the company seem to think that every one should contribute to its coffers for dar- ing to breathe, but the efforts of THE CarL in aiding the bicyclists to make their fight has shown the company that there are others besides themselves in this State. Nothing should be '=ft r lone to get the next Legislature t e law requiring all railroaa compa narry wheels as baggage free of char, Councilman Bassett. * .ne effort of the railroad to cinch bicycle riders by charg- ing t;em transportation for their wheels is an outrage and a disgrace. Every man should arise in his indignation and force this question to a final settlement. Not only should wheels be carried free about the bay when the rider pays his fare, but that privilege should extend to all parts of the State, “The backdown by the withdrawal of the obnoxious order shows that they have little faith in the effort to bleed patrons for every cent within reach. It may not be, but it looks very much as if tte com- vany wanted to get even for the loss of carfare.” . Capiain Harry Williams of the Oakiand Cycling Club: *‘1t was small business for the railroad to. attempt to force bicycle riders to pay for taking their wheels across the ferry. They occupy very little room, and are not handled by the com- pany’s emploves at all. Even the matter of charging anywhere in the State is un- just, as a patron of the road has the right to a certain amount of baggage, and no one has a right to dictate in what shape it sball be any more than they have as to what it shali be. All riders and friends of riders should unite in forcing the com- pany to remove all restrictions regarding the transportation of bisycles.” President George F. Neese of the Acme Athletic Club: *‘Our boys are a unit in declaring the attempt to collect on wheels taken across the bay an outrage, and would refuse to make any club runs to San Francisco or go anywhere and take their wheels as long as the rule was enforced. The company would then not only lose its anticipated revenue, but also that which it is now assured. I believe they saw this, and revoked the order, as announced in TuE CALL to-day. Cyciers are a power now, because they are united, and will stand for their rights regardless of parvy.” None of the officers of the Reliance Ath- letic Club could be found to-night, bat a promiuent member said: *“The boys all declare it a rank outrage for the railroad to attempt to charge for carrying wheels in the territory about the bay and would do anythine necessary to resent the act. If it becomes necessary they will call an indignation meeting and express their sentiments in no uncertain manner. But we beligve the company has seen the error of its way and recinded the order before it went into effect as a matter of justice to their besc patrons. If they, had nov it would have resultea in & heavy less of traffic, as all runs would have been made on this side.” Members of the Oakland Y. M. C. A. Cycling Club have discussed the new order and felt greatly aggrieved, as they have interclub runs with the San Fran- cisco boys once & month. The news in THE CALL to-day was received with many words of pleasure. They now feel that all danger in' that line is not yet past, e Brysn and Italians, John Cavagnaro, 1010 Montgomery street, a Democrat, and Antone Testino, a Republican, had a political discussion on August 16. Tes- tino asserted that from Bryan's speeches he had ““no use for” Italians. Cay 0 ¢ the assertion, and after a hot mg::’:“ll":: tino hit Cavagnaro over the head with a club, which ended the discussion. 'Cavagnaro was unable to leave his house from the effects of the blow till yesterday, when he went to Judge Joachimsen's court and swore to & complaint charging Testino with battery. —————— READ what The Star has to say of the S. P. Assassination Bureau. . ———— About 10,000 artificial limbs are turned out in England every year, VESTED RIGHTS OF PROPERTY, Arguments in the Spreckels Case in the Supreme Court. AN INTERESTING POINT. D. M. Delmas on the Responsi- hility Regarding Community Estates. ELEMENTS OF A TRANSFER. Husbands May Not Disburse Com- mon Earnings at Will. The case of Spreckels vs. Spreckels came before the Supreme Court on argument yesterday morning. Henry Ach for the respondents and D. M. Delmas for the ap- pellants were the only speakers, but they went over the case so thoroughly there was nothing left to be said when court ad- journed. The case is before the Supreme Court on an appeal by Olaus Spreckels from an 2d- verse judgment by Judge Slack, in his suit to recover possession of 5000 shares of stock delivered to the de- fendant, Rudolph Spreckels, It was contended by the plaintiffs that the trans- fer of stock was invalid because it was done in violation of the law requiring the consent of the wife to all transfers oi com- munity property. The defendants claimed that the law making such requirement was unconstitutional, as interfering with one of the vested rights of the husband. Mr. Delmas’ argument before the Supreme Court was along the line of that conten- tion. In brief he eaid: On the 31st of March, 1891, the Legislature of this State nnorted arfmendment to the laws regulating the rights of husband and wife in the community of the marriage, by which the absoluge right of disposition which had been theretofore granted as early as the statutes of 1850, and had been perpetuated by the codes, was modified to the extent of requiring to the validity of any gift of the community prop- erty the wriiten consent of the wife. That amendment, wnen added to the statute as it then existed, would make section 172 of the Civil Code read as follows: The husband has the management and control of the community property, with the like absolute KOWQ!‘O! disposition other than testamentary as e bas of his separate estate, providea, how- ever, that he cannot make a gifc of such commu- nity property without a valuable consideration uniess the wife in Wiiting consents thereto. The only question presented by the record which is now before your Honors on this ap- peal to which I desire, for the present, at least, to address myself,is the question dc- cided by the court below relating to the con- stitutionality of this statute. To state in their broadest terms and most general comprehen- siveness the {acts upon which that contention was made and decided, I would state them as follows: The husband and wife were married before the adoption of this amendment, and before the adoption of the amendment had acquired the community property under discussion. After the amendment the husband undertook with- out the consent of his wife to make a gift of the community property thus acquired, and the question presented upon those facts is this, Is that gift valid? It was held by the court below that the gift was valid because the amendment, in so far as it undertook to oper- ate upon the community property acquired before the amendment, was unconstitutional. The broad ground upon which that decision is placed, as we understand it, is that under the laws as they existed before that amend- ment, the husband was the sole owner, and bad the sole and absolute and unqualitied right to dispose ot the community Pmperty as he pleased, to give it away as he pleased. “The wife bad no rights whatever in the community Pproperty, except 8 mere hope or expectancy that some of it might be left at her husband’s death which shemight then take, and, that being the condition of the relative rignts of the parties, the statute which undertook as to that property to impose any conditions upon the absoluteness of the right of the husband theretofore existing under the law, was an abridgment of a vested right, impairing, there-'| fore, the simplest and most elemental prin. ciples which underly all our constitutions. As I have stated to your Honors, thatques- tion is squarely presented by the record here, and very nakedly, because it arises upon a demurrer to a complaini brought by the husband and wife to recover the property, and upon which demurrer a_ruling susiaining it ‘was made. The plaintiffs, declining to amend have appealed to your Honors, Now, we were favored in the court below by & learned and lengthy opinion of the learned court, in which the grounds upon which the decision was placed are very fully and very clearly stated. This is the fundamental prop- osition which underlies the decision. After siating what the condition of the law was before 1891, and what the relative rights of the parties were, a8 understood by the learned Judge, he says it is evident that the interest of the wife in the Community property has been larged by the amendment of 1891, in so tar #s the amendment extends, since the power of the nusband to dispose of the property by gift is subject to the wife's written consent, and to that extent the interest of the husband is lessened, and his vested rights in the com- munity property acquired belore the amend- ment became a law are impaired. If the vested right of the husband to dispose of the community property is interferred with by legislative enactment, the law in that respect is unconstitutional. This position of the learned Judge is illus- trated and amplified by the argument that under the statute as it stood before the amend- ment, the husband had been given the abso- lute meanagement and control of the com- munity property; that, as a resuit from that grant of absolute dominion over the property, the wife had no estate or interest, legal or equitable, in the property, and wasin no sense, to no degree the owner of any interest in such property, and as a further result that the title the property was in the husband, and he w,l“!bin AW :{le lol; owner theredn!. e question then presented at the ver; threshold of this dllcusll)(on is: “Is the hlnd:y- mental proposition which underlies the whole of this opinion true? Is it correct, or was it under our system of laws from 1849 up to 1891, that the right, or power rather, which the husband had, to manage and conirol the ! commubpity plogeny, was & vested right in such & mauner that the grantor of that right, the Legislature of the State, conld not itself thereaiter limit or circumseribe; or take away its former grant or delegation of authority 7" The constitution of 1849, article X1, section 14, is in these words: All property, both real and personal, of the wife, owned or clalmed before marriage, and that ac- quired afterward by gift, devise or descent, shall be her separate xmpfl'ny, and laws shall be passed more o enrllly def ving the rights of the wife in rels- tion, as weli a8 10 her separate property, held in common with nz': hnub:nd.‘n Chmhednc In obedience to that direction, the Legisla- ture, at its session in 1850, did enact a statute by which it undertook to define more clearly than the constitution had attempted todo the rights of the wife and the rights of the hus- band in"the community property, viz.: that the husband shailhave the management of the separate property of the wife, but no sale of such property or lien thereon should take piace unless by an instrument in writing signed Dy both husband and wife and ac- finow]«lsed by her upon a separate examina- on. It has never been contended that that right of dominion over the separate property of the wife was & vested right in the husbans the Legislature could not impair. codes of ihis State in 1873 the Legislature took away from the i d the right to con- trol the separate property of his wife. To con- tend that this amendment of the law giving the husband control of his wife’s separate property was unconstitutional, because it de- prived him of a vested right, is manifestly untenable. The Supreme Court of Washington decided in‘an exactly similar case that an amendment to the law by which the power to contiol formerly possessed by the husband over the community property was taken away was uot an interference with any vestea right, igh Is it true that under the jurisprudence and |. under the 1 tion of our State the wife has no interest ¢ community property which the Legislature in its wisdom may protect? Is it true that the husband is the sole owner of that property as he is of hisown? Isittrue that these delegations of power which have been conferred upon him are simply the 6"‘1‘3' cistion of elemental rights of property of his own, and that they are not powers wnfcmd upon him as an agent or trustee to control “d manage the property for that entity compose 7 of himself and wife, which in the lugfll!' L the constitution holds the propertyin com- mon ? Such a construction as that merely springs from loose dicta made by the Supreme Court at an early day, and has no more foun- dation in souna jurisprudence taan it has in natural justice. What is this community of which we speak? The husband and wife aiter their marriage, or upon their marriage, constitute in the body politic a new unit, different from their own separate entities, a new unit which is a germ of that other and broader unit of soclety called the family. So far as this new unit or associa- tion is concerned it starts out in the world without any property of 1ts own, because the pmgerty ‘Which theretofore belonged to each one of the component perts of the unit is and contnues to be their separate property and does not form any part of the mn‘?{ 1reas- ury or property of this new compound unit. The husband and wife, constituting this new community, this new association, are charged bxy the policy of our law with the equal de of laboring with industry and saving will irugality property for the perpetuation of the purposes of thai union, and the education, sustenance and protection ot ofls};ring. The wife equally with the husband toils, equally with the husband saves and economizes in order toswell the growing beap of this com- munity, - The fruits of her labors equally with the fruits of the labors of the husband belong to the community, and your Honors and your Honors’ predecessors have carried the doc- trine still farther . when you have decided that compensation made fo the wife for in- juries which she had sustained are also com- munity property, so that, if the wife in an accident shall be crippled and mangled out of shape, shall be made a sufferer for the balance of her days, the price that 1s peid by thc wrongdoer to restore to ber as far as money can do that peace and happinessand health which has been destroyed, becomes com- muuil}'rroperly. If she loses an_eve, if she loses a limb, aud she is awarded $10,000 or $20,000 by the law, the justice of the law in compensation of her loss belongs to the com- munity. And shall we be told at this day that the money earned by the wife by the sweat of her brow, the cconomy which has snabled her to protect her own offspring, it may be to in- sure her peace and comfort in old age, the very money which she may have re- ceived for ‘her own physical impairment, maiming and suffering—is it such that she has no proprietary interest in it? That the husband has an_ absolute constitutional, vested and inalienable right tp do with that money as he pleases, to give it to whom he pleases, to squander it as he pleases, and the wife cannot be heard in a court of justice to complain? That he can bestow it upon such objects of his bounty, charity or caprice as he pleases, and she has no voice in a court of Justice to be heard to complain? Whatever may have been the absolute power of disposition of the husband in the com- munity property, it was not certainly so far- reaching as that which he had of his'own, for of hisown he could dispose as he pleased, and could defraud no one, however foolish or improvident the gift might be. Butitwas set- tled in the jurisprudence of this State that as to the community property the husband could not dispose of it with intent to defraud his wife of her just rights. The Legislature wouid have had the undoubted power to enact the substance of those decisions intoa statute, and to say as an amendment to this section, pro- vided that a husband shall make no disposition of the property with intent to defraud his wife, and we would then have a statute simi- lar to the penersl one which has existed, the statute of Charles, that no person should make a conveyance with intent to defraud his creditors. Go one step farther, and as under the statute of Charles the courts had repeatedly held that there were certain badges which accompanied fraudulent transactions, and which were con- clusive evidence of intent to defraud, the Leg- islature might by statute have said, taking up the wisdom of the courts and crystallizing these decisions into a statute, that certain acts, or the abserce of certain formalitiesin the transfer of property, should be held con- 1clusive evidence of the intent to defraud cred- tors. The Legislature did so, and we have the statute that & conveyance of that kind or a transier shall be conclusively deemed to have been intended to defraud creditors. unless it be followed by an immediate delivery and a continued change of possession. Assuming it to be established as a part of the law of this State that the husband has no right to transfer community property, with intent to defraud his wife, assume a statute of that kind enacted, and the decisions are equivalent to a statute—it was perfectly competent for the Legislature as a rule of evidence to prescribe that certain things done, or the absence of cer- tain things undoue, should be conclusive evi- dence of intent on the part of the husband to defraud tne wife. Now the power of the hus- band to give away community property, the right, assuming the equal proprietary right of the wife, was never based upon anyining but the presumed assent of the wife and could not be, justly or phflosoymc-fly. The statute has but enacted a rule of evidence upon this sub- ject, when it has said in substance that the gift of the community property by the hus- band shall be concusively presumed to bein fraud of the wife, unless her written assent thereto has been procured. In answering Mr. Ash contended that it wm‘hd be impracticable as well as impos- sible for a man to secure the consent of his wife to all transfers of property. Such alaw orsuch a constraction of the code, he said, would seriously interfere with pusiness and create endless trouble. At the close of his argument the case was submitted. IT 1S ALMOST A WHALE Remarkably Large Brook Trout Taken From a Lake in Sierra County. A Gigantic Fish Story Related by State Fish Commissioner Babcock. Fish Commissioner Babcock received yesterday from Sierra County tha largest brook trout on record. It measures 193¢ SENT 70 STATE PRISON FOR LIFE, The Destiny of Becker and Creegan, the Celebrated Forgers. NEW TRIAL WAS DENIED Prior Convictions Seal the Fate of the Nevada Bank Swindlers. STAY OF EXECUTION GRANTED History of the Crime of Which the Two Notorious Rogues Were Convicted. To State vrison for life. That is the sentence Judge Wallace imposed upon James Creegan and Charles Becker, the convicted forgers. The crime for which the ‘Prince of Forgers' and his “pal” will in all proba- bility spend the balance of their lives be- hind prison bars was one of the most sen- sational bank swindles ever perpetrated in California. In December last Frank Seaver, alias A. H. Dean, deposited a draft for $22,000 at the Nevada Bank. Dean already had an account there, having es- tablished it a short time before. The draft was on the Crocker-Woolworth Bank and was drawn by a financial instiiution. The Crocker - Woolworth Bank ac- knowledged the draft to be all right, and two days later Dean drew $20,000 from the Nevada Bank. 1t was subsequently found that the draft had been raised from $12 to $22,000. Becker, Creegan, Dean and others were suspected of complicity in the crime, and after a long chase were arrested, Becker and Creegan being the last of the opera- tors to be taken into custody, and that on the eve of their departure for Guatemala. Great interest has been taken in the case by banking autborities all over the country, and a determined effort was made convict Becker and Creegan, the former to being regarded as the penman and the latter as the general manager of number- less clever forgeries which have been suc- cessfully carried out in recent years. Captain Lees was the recipient of much congratulation when he arrested his men, and personally interested himself in the trial whici, through the turning of State's evidence of Dean, alias Seaver, resulted in the conviction of the accused several weeks ago. Sentence has been put off a number of times to allow counsel to pre- pare arguments for a new trial. The celebrated swindlers were again be- fore the court yesterday for sentence, but it was hardly expected that the penalty for having repeatedly broken the law of the land woula be meted out to them. It ‘was rather supposed that the eloquence of their attorney, Peter Dunne, would secure to the forgers a new trial. During the trial which resulted in the conviction of the Eastern crooks, the attorneys for the defense noted over 100 exceptions to the rulings of the court, and 1t was confidently believed by the prison- ers that one or more of thelegal tech- nicalities would be made to stick, and in consequence, a rehearing be allowed. Mr. Dunne, in his argument for a new trial, was rather severe in his remarks as to the rulings of Judge Wallace, and did not hesitate to score his Honor, particu- lariy as to the admission of the eyidence of flcCloakey. He claimed that the ques- tion, ““Were you arraigned on a charge oi being an accomplice of these men?”’ should not have been allowed, and that the effect of the question and its answer, “Yes,” was highly prejudicial to his clients, The «;\ury. *“Were you tried and ac- quitted ?”’ was also put to McCloskey, and to this Dunne objected but was overruled. It was also made a subject of comment in the argument. Dunne vigorously attacked the Judge'’s charge to the jury, making that portion which referred to the facts in the case the point of assault. < Judge Wallace said to the jury that the evidence tended to show that” Becker com- /mitted the forgery in Oaklaud, and there- fore the courts here had no jurisdiction over -the actual charge of forgery, but could convict him of uttering the forged draft in San Francisco. Dunne claimed that the charge in this part decided upon a question of fact instead of law, and that the court had no right to make such re- marks to the jurymen. Judge Wallace in summing the matter up said that he had been very careful dur- g the trial and had looked after the interests of the defendants equally with those of the prosecution. There had heen a number of objections taken on techni- calities, but he was satistied that the ac- cused had had a fairand impartial trial and did not think they should be per- THE 7-POUND BROOK TROUT. inches from head to tail and weighs 734 ponnds. The fish, with four others of its kind, all weighing in the neighborhood of five pounds, will swim in the aquarium at the fair to be held in the Mechanics’ Pavilion next month. b 4 “The fish,” said Mr. Bal , “‘came from a lake in the woods in Sjerra County. They were planted there in 1891, baving been taken from Eastern waters. “Bportsmen and people interested at all in fish should surely go and look at them. They are simply marvelous for size. I never saw, except in the Smithso. niau Institution, a fish of this kind larger than two and a half pounds. The biggest specimen I saw in the Chicago aquarium g‘hed one pound and a haif. 'his fish is very much like a salmon, although it does not belong to the salmon class at all, and is usually a small fish. “They were shipped down by Captain 8. T. Burton of Webber Lake. He runs the commission there.” ——————————— Port Wine and Poison. Charles Barr, a single man, living at 218 Austin street, went into a saloon at Pine and Franklin streets early yesterday morning and called fora glass of port wine. He drank the wine and then pulled a bottle of carbolic acid out of his pocket. He uncorked the bottle and ust as he carried it to_his lips the bartender nocked it out of his h and the acid burned his face and hands. Barr was to the Receiving !lo-&l , where his burns ‘were attended 10, and went home. ‘:‘:i’.‘.’ to say why wanted 1o swallow the He re- |/ M ) ' Children Cry for Pitcher’s Castoria. B T8y mitted another on purely technical points. Their rights and chances of acquittal had in zo way been infringed on and he did not think it was the idea of the law that a man should be indulged, simply because a technical point had E:-n violated. In conclusion Judge Wallace announced that because of the prior convictions against the prisoners he would sentence them to State prison for life. Creegan never flinched when the words forever depriving him of his liberty were uttered, but Becker shuddered and his pale face became whiter. He has not the nerve of his accomplice, who is as stoica! as an Indian. =The matter will now in ail probability be carried to the Supreme Court on an argument for a new trial. A stay of exe- cution was granted for ten days. —_— A DIET OF GREEN PAINT. Two Juvenile Ursines Taken Suddenly I1l at the Chutes. Two little black bears were brought to the City Wednesday and given to a furrier on Post street. They came from Trinity County, and were so energetic and en- thusiastic that, as an advertising medium for which they were intended, they were rejected. They were sent to the Chu romptl, dubbed *Jim” and **S8win,"” :l.'d l;en l’pll’f. in a brand-new inclosure. It was built hurriedly, and the pickets were painted a beautiful pea green. The ursines liked the color, shoved their noses between the sticks and shortly their faces looked like a St. Patrick’s day celebration. Not content with decorating their funny little nasal appendages, they commenced to tick off the paint, ana had been at work for some time h2fore they were discovered by an attendant on the grounds. They manifested violent symptoms of intoxica- tion, and Dr. Happerskerger was imme- diately sent for. A stomach pump was used, and their interiors were carefully cleaned out. They were put into an iron cage, and will remain there until their appetite for arsenic is at an end. i OREGON ENTERPRISE. The Labor Exchange to Construet a Motor Railway Between Salem and the Santiam Country. The Labor Exchange is about to build a motor railway which will connect Salem and points in the Waldo Hills with the Santiam country. Dwellers in that sec- tion of Oregon are delighted at the news and seem disposed to render the project all possible assistance. Lee Brown of Stayton has given the exchange leave.to cut several thousand trees from his property, and George T}:r- ner of Turner will accord a similar privi- The people of Stayton have prom- ised $10,000 in labor and material, besides fifty lots for depot and side-track grounds. Auriesville gives $7000 in Jabor and forty lots; Macleary, $5000 and twenty-five lots; Shaw station, $2000 and twenty-five lots; Fruitland, $5000 and twenty-five lots, and Mehama a like amount. ‘Work will begin on the 1st of Septem- ber, and it is confidently expected that the road will be completed as far as Auriesville and Macleary by the opening of the new year. T e BOUND TO BE POPULAR. The Wasp’s Crowning Effort Pictorially Comes Out This Morning. A copy has been received of the Wasp's pictorial edition which is given to the public this morning. It will be perused with much interest by all who are anxious to get a glimpse of San Francisco in its va- rious stages of advancement during the past fifty years. Itis a work of art, and on a scale never before attempted in the West. The old landmarks and vacant sites of the early days are contrasted with the imposing structures of the present day. Streets which were at one time im- peded here and there with hills of sand, rickety fences and shanties are presented as_busy thoroughfares with a system of cable and electric cars unsurpassed in the world. In short, itis an edition which in after years will be invaluable. Among the literary features are: The Transformation of Yerba Buena; Impres- sions of Vigilante Days; Architectural Transformations; They Come Like Shad- ows, so Depart (historv of the drama); Society in Early Days; The Rise of Ship- building on the Coast; Our Moneyed Insti- tutions; Needs of San Francisco, and many minor contributions. The San Francisco CarLand its future home, together with a review of Mr. Short- ridge’s broad-gauge policy and his stand- ing in the newspaper world, are impar- tially but fairly criticized. The edition is bound to be popular. ——————— ADMITTED TO THE BAR. Forty-Seven Law Students Pass the Su- preme Court Examination. Forty-seven new lawyers were admitted to the bar yesterday by the Supreme Court as a result of the examinations held | this week and participated in by fifty- seven applicants. Their names were: Madison Ralph Jounes, Henry Victor Alva- rado, George Gordon Murray, James D. Fairchild, J. W. Mahon, H. A. Burr, H. D. Gill, William W. Foster, John V. Pow- ers, Leon M, Straus, John J. West, George E. Gardner, George F. Carroll, Elizabeth H. Ryan, Samuel Solomon, William E. Tucker, George F. McNoble, E. W. Howell, Charles de Legh, J. H. Boyer, Elijah H. Hoar,Darius E. Perkins,Harry B. McClure, Crittenden Hampton, Ephraim Green, 8. B. Caruth, John Edward Sanford, Thomas W. Mueller, P. J. Muiler, Harold L. Martin, George E. Whittaker, Thomas B. Phelps Jr., Harry H. McClaughry, Lionel Desmond Hargis, Maxweil McNutt, Percy Howard O’Brien, Lewis Morris; and the following nine and only appli- cants from the law department of Stanford University: Walter Rose, Joel Sheehan, Charles J. Newman, Hugh H. Brown, Myron H. Folsom, Paul M, Gregg, Frank- lin V. Brooks, Lester J. Hinsdill and Paul D. Culyer. ——————— SIX C’CLGCK CLOSING. All Business Houges Agree to Close Saturday Evening Except One. There was a very large and enthusiastic meeting of the Dry-goods Men's Early Closing Association in K. R. B. Hall, at O'Farrell and Mason streets, last evening. Encouraging reports were received from the various committees appointed to wait on the heads of downtown houses tosecure their closing at 6 o’clock Saturday even- ing. Allof the houses which now keep open on Saturday evenings have signified their intention of closing their doors at 6 o’clock BSaturday evening, with one exception, the Emporium. The executive committee wasinstructed to dralt a circular addressed to the pulpit and public requesting their hearty co- operation in the movement. A unanimous vote of thanks was ex- tended to the daily and weekly press for the interest they have taken in behalf of the association. TFiye thousand petitions, requesting the signature of patrons of the dry-goods houses of 8an Francisco who are in sym- pathy with the 6 o’'clock movement, have already been placed in circulation. Permanent quarters for the association have been secured at Central Hall, corner of Sixth and Market streets, where regu- lar meetings will be held every Thursday evening. : ————— Harvest Home Festival. go-morrow will be children’s day at the Church of the Advent, Eleventh street, near Market. The evening seryice will be held at 7:45 o'clock under the auspices of the children of the Sunday-school. There will be 250 children present. The church will be decor- ated with fruits, flowers and vegetables, to be afterward sent to the Maria Kip Orphanage, the Protestant Orphan Asylum and .xim Sheltering Arms. All persons interested in this work are asked to send donations of {ruit and vegetables to the church to-day or Sunday* afterncon. The singing will be done by a choir of men and boys and the children of the school, with orchestra and organ. All persons are cordially invited. ——————— Bergin Against Blythe. Judge Sanderson yesterday gave judgment in favor of Thomas I. Bergin against Florence Blythe Hinckley for $9950 12 for money ad- vanced during the progress of the Blythe will case. This is only one of the suits filed by Mr. Bergin, wno was the legal xopreueumu{ve of Fiorence Blythe during the great contest. He has sought to obtain his fees and the money he expended by filing a number of different suits against his for: client, but this is the first one in which he obtained judgment. g e o "~ Would Not Marry Him. T. W. Custer, an Arizona cowboy, had Eva Smith arrested last week for stealing his gold watch. When the case came up for hearing Custer failed to appear and a search warrant was issued for his arrest. , Yesterday he came into court, but positively refused to testif; against the girl. She then took the stand said that Custer had been trying to persuade her to marry him, but she had refused and he bad caused her arrest, thinking it might !::r change her mind. The Judge aism] ¢ case. g MORE CAMPAIGH YARNS LET LOOSE The Chronicle Starts a Relay After a Winded Roorback. O0SCAR TOLLE’S DENIAL, He Is Not a Member of the Thirty-ninth District Club. A FRIEND OF J. D. SPRECKELS. Does Not Do People Mr. Tolle Says That H> Politics With the Mentioned. The Chronicle is sending out iws wild campaign stories in relays. When one gets out of wind and sits down by the roadside to rest on its lyre, others are sent after it in relays to keep it company down the straight path that leads to political perdition. The Chronicle announced the other day that County Clerk Curry and John D, Spreckels had quarreled and that Mr, Curry was about to discharge from his service all the friends of Mr. Spreckels and of A. J. Martin. This was disproved empbhatically by both parties. The relay lie was started on bis mission by the Chronicle yesterday morning. The statement was made that Oscar S. Tolle had been appointed a member of the finance committee of the Thirty-ninth District Republican Club, an anti-Spreck- els organization, Mr. Tolle came to THE CAnn editorial rooms last night and stated that his name was not on the roll of the club and never would be and that any statement to the contrary was a falsehood. “My name is No. 1 on the rolls of five or six political organizations friendly to John D. Spreckels,’” he added. *I am secretary of the Republican Executive Council of California, of which Mr. Spreckels is vice- president. I am treasurer of the Bear Club, of which Mr. Spreckels is a promi- nent member. Iam notamember of that Thirty-ninth District Club, and I am not in politics with that kind of people. I am a whole Reoublican and not haif a Demo- crat.” An Insolvent Laundryman. Edward H. Knight, proprietor of the Ameri- can Steam Laundry, has been forced into i solvency. He owes $126083 to the Black Diamond Coal Mining Company, $310 55 to the Joshua Henay Machine Works, $640 27 to the Fuiton Engineering and Ship-building Works, $150 to the Pacific Gas and Improve- ment Company and $103 to Brown & Powers. In their petition the creditors recite that Knight has transferred most of his property to his wife with the intention of defrauding them. Knight was ordered to appear on Sep- tember 4 and explain his actions. ———————————— George Cornwall’s Estate. Don C. Cornwall, one of the brothers of George W. Cornwall, the recently deceased Southern Pacific engineer, who leit three | women claiming to be his widow, has filed an answer to the petition of Felecia B. Cornwall for letters of administration on the estate, It is claimed that the petitioner is not the widow of the engineer and that she has no right, title or claim on his estate. NEW TO-DAY. CURED ——AT THE—— No-Percentage Pharmacy, 953 Market Street. ‘We have secured the services of an emi- nent Physician and Surgeon, a reliable, honest man, who will hLereatter treat all patients applying to us at a very small charge. CONSULTATION FREE Including chemical and microscopical analysis of the urine. The poor treated FREE OF CHARGE Between 9 and 10 in the morning. We will guarantee an absolute cure in every case we undertake. None but cura- ble cases treated. We especially urge those who have received no benefit from other physicians to call or write to the NO PERCENTAGE PHARMACY, 9538 Mariset Street, South side, bet. Fifth and Sixth. DOCTOR COOK The greatest of mod- ern specialists, corrects the errors of youth and removes their evil ef- fects from men of all ages; frees them for- ever from the miseries of Lost or Failing Man- 3 hocd, Impotency, Vital Drains, Night Emissions, Sleeplessness, Nervousness, Pimples, Bashfulness, De- spondency, Stupidity, Loss of Ambition and similar symptoms. He also cures Gonorrheea, Gleet, Stricture, Syphilis, Varicocele, Hydrocele and all other signs of physical, mental and sexual debility or decay. Careful attention given to every form of female complaint, and to ail- ments of the Heart, Lungs, Liver, Stom- ach, Kidneys, Bladder and Urinary or- gans of both sexes. Piles, Fistula, Rup- ture and Chronic Catarrh a specialty. The worst’ cases solicited and positive cures guaranteed. Write if you cannot call, as the doctor’s system of home treatment by mail is always satisfactory. Office hours, 9t0124a. M., 2to 5and 7 to 8 P. M. Sun- days from 10 to 12 A. a. only. Address DOCTOR CODK, G- ¥oweit, S 7. cat - RUPTURE. If ruptared. you maturally bope to obtain relief, from pain: security from Hernia and Pmanent curei { possidle. Please {avestigate “Dr. s Pat. Magnetio Elastic justment of fice a «beaialty. Adds DRENRTIC FEASTIC TRUSS COANO. 70408 ‘oor, Sacramentq & Kearny Sten 538 Fransiscy, Cal,