The San Francisco Call. Newspaper, October 22, 1896, Page 5

THE SAN FRANCISCO CALL, THURSDAY, OCTOBER 22, 1896. RACING BEGINS AT SANTA ANA Opening Meeting of the Orange County Fair Association, Each Event Is Well Contested From Start to Judges’ Stand. BASTINA A DISAPPOINTHMENT. Distanced in the Pace B:cause of a Break—Santa Paula and Nacho B Win. SANTA ANA, Carn, Oct. 21.—The seventh annual fair of the Orange County Association opened this afternoon with a Wt attendance. Many horses did not reach here from Los Angeles until to-day, owing to the two special days’ racing in Los Angeles, Monday and Tuesday. The racing to-day was very good, and the at- . tendance will no doubt be largely in- creased during the week. For Saturday a special race between Kilamath and Stam 3 for a purse of $600 has been arranged. This will be the best card 0f the meeting. Two running races to-day were closely contested. In the pace, Bastina, a local ware, disappointed the crowd by being Vistanced in the first heat, owing toa bad break on the backstretch. She was in lire condition, and was confidently ex- pected to win. Bill Nye, another Santa Ana colt, took second money. miie, for two-vear-olds, aron Lass second, Castalar 1, one mil Time, 1:44} class, Julia D' Time, Nacho B won, | on, B 6%, . is, Latonia, Mor~ ris Park and Windsor Tracks. ST. LOU Mo., Oct. 2 Results: Five fur- M , Hivernia Queen hn B. Ewing third. Time, 1:04}4" . Rumrill won Time, 1:47%. s, Pelleas won, Amelia Fonso sec- h third. Time, 1:1614. and seventy yards, Addie Buchanan third. “hiswell second, & half furlongs, Bishop Reed won, Tobacco third. Time, Five snd vor second, H. S. 0. 1y McKenzie second, , Motiila won, Manchester second, Time 1:44. Ben Brown won, Remember Me second, Robair third. Time, 1+ e 'furlongs, Our Hope won, second, Sangamon third. Time, 1 and a quarter miles, hurdl | Herman third. Time, 2:23. | Oct. 21.—Two and a e won, Phcebus sec- ond, San Jogqu M > and a helf, Fool third. vide won, Trayline second, Dog- Time, 1:44. haif furiongs, Takanasse won, nd, Rollins third. Time, 1:07. Five and Passover n , MICH., O furlongs, § < King third. Time, 1:18. furlongs, Stachelberg second, Billy Fischer third. T furlongs, Bloomer won Istone t and a haif fu Sim W won, Nover Beware third. 1:23% Five and & hal n, Alano | d, Gwen third. Time, eeplechase. Colonist won, ond, Pat Oskléy third. Time, e ATHLETES, STANFORD’S GIRL Basket-Ball Revival Engineered by the Co- Ed Imthusiasts. STANFORD UNIVERSITY, CaL.,, Oct. 21.—The co-eds don’t intend to allow in- terest in their branch of athletics to sub- . side, and as proof of the fact have called for a meeting of all of last year’s basket- ball vplayers, as well as new players who the matter decided to return home and take no further part in the tournament. The Stars are already arranging for a tour of the Pacific States under their own management. P e COURSING AT GREAT BEND. Plenty of Rabbits and Good Sport—San Francisco Dogs Prominent Among the Winners. GREAT BEND, Kaxs.,Oct, 21.—The first day’s meeting of the Altcar Coursing Club was largely attended. Rabbits m-n'p_len- tiful and the course close and exciting, The first round and semi-final of the pro- duce stake was run, resulting as follows: Pocshontas of Ssn Francisco beat Black- bird of Denver. s Bouita of Denver beat Border’s Valentine of Denver. Santa Alesia of San Francisco beat Prince ot Fashion of Lawrence. Mystic Maid of St. Louis beat Mack’s Midget of Denver. Prince Hal of Lawrence beat Brandon Belle of Denyer. Ben Hur of Denver beat Belt Railway of Denver. Sir Guy of Lawrence beat Banana of Denver. Coral C of New York beat Ketehitt of Great Bend. . "B B & B of Denver beat May Blossom of New Black Angel of Denver beat Anchoris Le- land of Cripple Creek. Magicien of t. Louis beat Bohemian of Den- ver. The second round furnished more excit- ing sport than _the first, considerable money changing hands. Results: Bonita beat Pocahontas. Senta Alesis beat Mystic Maid. Ben Hur beat Prince Hal. B B & B beat Sir Guy. Magician ran & bye. Following are theentries to the all age stake: Tady Glenn, Venetisn, Red Vallette, Lad Masteron, William McKinley, William Bryan, Mary se, Colonel 'Breckenridge, Fascination. Brilliant, Beatrice, Blackstone, Style, Bridesmaid, Des- <, Hughes, Lord ‘Spoteask, 0 and Lady Blanche, Stanford Training Rules. STANFORD UNIVERSITY, CAw., Oct. 21.—Training rules have been drawn up, and all the football men have signed them. They are as follow: Ias a didate for the L. 8. Jr. U. football team, do y promise to conform to the fol- lowing training rules: 1. To obey implicitly and regularly the call of captain or coach for signal or fleld practice, aad not to be absent from same without their consent. 2. To abstain absolutely from the ure of co and alcoholie drinks. o retire regularly not later than 10:30 P 4. Not to arise before 6:30 A. M. i o abstain absolutely from eating be- tween meals. All the rules will be strictly enforced, and the candidate who breaks them, if there be such, will dountless lose -all chances of pla; AR Tacoma Against Seattle. TACOMA, Wasn., Oct. 21.—A hot con- test 13 on over the coming election of di- vision officers of the League of American ‘Wheelmen. E. G. Dorr, chief consal, to- day announced that he wouid not run for re-election. He appointed C. W. Ritchie of Walla Walla vice-consul, and called a meeting of the executive board to be held on October 28 to draft a constitution and by-laws to govern the election. Tacoma is straining hard to secure enough new members to beat Seattle, which has already placed a ticket in the field. The Tacoma membership is now over 150 to Seattle’s 175 and members are coming in here at the rate of twexnty a day. PRt On Eastern Gridivons. PRINCETON, Oct. 21.—Princeton out- played Virginia at every point in the football came played here to-day, making a score of 48 100. Each team played & good game. “ONN., Oct. 21— Yale defeated fternoon by 15 to PHIA, PA., Oct. 21.—Pennsyl- vania beat Amherst by 14 to O this aiternoon, andin_ doing it gave the poorest exhibition of football-pieying of any Quaker team _in years. N. J.,Oct.” 21.—The Princeton foothall team to-day defeated the University of Virginia by a score of 8 to 9. —gl L. A. W. Bullotin Announcements. PHILADELPHIA, Pa., Oct. 21.—Chair- man Gideon’s L. A. W. weekly bulletin has these announcements: The suspension of W. C. Mills, Kearney, Nebr., was removed. maneut suspensions—W. E. Harmon and Godirey Schmidt, Los Angeles, Cal., for com- peting in unsanciioned races; T.Q. Hall, Los Angeies, for officiating at unsanctioned races during term of suspensio OGOEN CANYON ACCIDENT Cable Tramway Car Escapes and Dashes Down a Steep Incline, . are sufficiently interested to come out. - Miss McCrea, the captain of last year’s team, which defeated Berkeley, believes t the team can be made even stronger this year, and she expects to see it become even more popular among the women -than it has been in the past. Most of last year's enthusiasts are back and are eager 1o get at practice in & game which those who play say is “just too fascinating.’’ As soon as a team can be organized and given some preliminary practice, games will be arranged with some of the neigh- boring girls’ schools and academies. The co-eds have also revived the tennis craze, and on Saturday will hold a tourn- ament to decide just which of their num- ber are entitled to enter in a champion- ship tournament to be held still later. Among the new girl students to enter this year are said to be several excellent play- ers, and the prospects are promising for &n exciting tournament. L vijgseer iy CHAMPION CHESS-PLAYERS. Hew the Results Stand in the Last Round of the Tournament. BUDA PEST, HuxeARy, Oct. 21.—In the thirteenth and last round of the inter- national chess-masters’ tournament played in this city to-day the results were as follows: Tarrasch-beat Pilisbury in a Buy Lopez after eighty-one moves. arousek beat Albin ina queen’s gambit, ed, after forty-nine moves. Schlecter and Walbrodt drew a Ruy Lopez aiter twenty-eight moves. Tschigorin beat Maroczsy in a Dutch game after fifty-two moves. Junowski beat Popiel in a Giuocho piano after thirty-eight moves. Marco beat Noa in a king’s bishop game after thirty-seven moves. Winawer had & bye. al score: Charousek and Teehigorin, ; Pilisbury, 7)4; Janowski and echter, 7 each; Walbrodt and \Winawer. Tarrasch, 6; Albin and Meroezsy, 5 44; Noa, 4; Popiel, 2. and Tschigorin have to play a tie mateh of two games up, beginning on Fri- Pillsbury takes third; Janowski ana hter divide fourth and fifth and Wal- and Winawer sixth and seventh prizes. asengot a special prize for the best score against the prize-winners. Ratil Pl iy . NZVADA STARS COMPLAINT, Declayre That They Were Treated Unfairly in San Francisco. CARBON, Ngyv., Oct. 21.—The victorious Stars ars back once more in their native sagebrush, and they are nursing a buge disgust. ' They say that they went down as champions oi Nevada to play tke cham- pions of California. They wiped the val- cy-bred ball-pounders off the earth last ay in the presence of 10,000 delighted Distinguished Guests of the City In. jured While Being Shown the Sights. OGDEN, Urax, Oct. 21.—Ogden Canyon was the scene of a serious accident this afternoon, by which three men were slightly and one seriously, if not fatally, injured. Arrangements had been made for a gala time in honor of the presence of the city and county officials of Salt Lake, who came at the invitation of Ogden City to inspect the work of the Pioneer Electric Power Company. The party left Ogden about 9:30 and proceeded to the canyon, and after going through the. machine- shops bad dinner, and then started up the mountain-side. About three miles up the canyon there is a cable tramway, which is used to carry up pipe for the pipe line, and two parties of eleven made the trip up the 300-foot in- cline (45 deg.) on the car. One party re. turned. safely, but on the last trip, when the car was about 200 feet from the bottom of the incline, the brake on tbe cylinder around which the cable was wound broke and the car sped wildly to the bottom. The track and cable cross the Ogden River at the bottom, and as the car crossed the river, Clem Schramm, a promi- nent Ogden citizen, was thrown out ana fell a distance of twenty feet onto the rocks below. The car struck the post at the end of the incline and was thrown back over the river, where Councilman Jones, also of Ogden, was thrown out. Two others of tire party were hurt slightly, but the rest were only stunned. Schramm was got out of the river as soon as possible and brought to town. Several of his ribs are broken and he is bruised all over and in- jured internally, but whether fatally or not cannot now be said. —_—— Santa Barbara’s Aged Odd Fellow. SANTA BARBARA, Caw., Oct. 21.—In the micdst of the discussion as to who shall carry off the honors of being the oldest 0dd Fellow in Californla, Santa Barbara wants to putin her claim. James David- son of this place will be 84 years old on January 21, 1897. On June 10, 1839, he joined Wheeling Lodge No.3,1. 0. 0. ¥., of West Virginia, and is now a member of Fort Jones Lodge No. 185, of Siskiyon County, Cal., He i present making his home with his daughter, Mrs. Birnbaum of Santa Barbara. —— Convicted at Kiverside. RIVERSIDE, CaL., Oct. 21.—A. blood- thirsty half-breed Indian named Albert vectators, and supposed they had only 1Y play the champions of Oregon and Washington to win the Examinertroohy, but were informed after the game that they had only beaten one of the champion clubs of California, “‘and there are others.” They haa a meeting, and after discussing Banks was to-day convicted of assault to commit murder on J. C. Conover. Banks, who has anything but an enviable record, was drunk at the time of the assault. He struck his victim on the head with a Winchester rifle, and came near killing Conover, POLITICS RAGING [N THE SCHOOLS How the Tickets Are Being Made Up by Little Cliques. Said to Be Formed Outside the Schoolrooms by Friendly Teachers. MORE OF THAT ASSESSMENT. Four Candidates Were Virtuoas and Refused to Pay the Ten Dollars Demanded. If the quiet and peaceable residents of Oakland, Berkeley, San Pablo and. Ala- meda snould hear a confused bubbling sound like the noise of many waters pro- ceeding from the hills of San Francisco they should not feel alarmed, for the hub- bub is simply the vocal expression of the interest taken by the lady teachers in the coming election for Schooi Directors. They are talking for their favorites. Oi the 900 teachers employed in this City only about 75 or 100 belong to the male sex. Taking the outside figures, there would appear to be only 100 votes in the department, but that is a fallacy, for there are about 2500 or 3000 votes. The men teachers can poll 100 votes, while the 800 women, although not vested with the right of suffrage, can control from three to four votes each, so they say. This is why the majority of the candi- dates for the schcol board put bouton- nieres in their coat lapels and crll at the schools by way of expressing their- deep interest in the cause of education. The | San Francisco schoolteacher whose sex is feminine does not form a convention for | the purpose of putting a ticket in the field and parading it under the banner of the School pepartment, but she segre- gates herseif Into social clubs, tea fights and so forth, and a ticket is made up by | each club, which ticket contains the names of personal friends and the favor- ites of the members. There are six of those independent club tickets already in the tield, and the candi- dates on some of them have been assessed $10 each for the purpose of obtaining a fund with which to defray the expenses of printing. Four Directors, who had been asked to contribute to this fund, told some of their friends in the School Department about it. and those friends in turn in- formed Elisha Brooks, principal of the Girls’ High School, as to what was being done. One of the candidstes had received a circular stating that the teachers gen- erally were making up a ticket to be sup- ported by them, that the candidate receiv- ing the circular had been selected as one of the chosen twelve, and that a collector would be around within a few days to gather in the $10 assessment. Mr. Brooks was highly indignant that the name of the school department should have been used for such a purpose without the authority of any one, and he expressed his opinion freely at the teachers’ anti- charter meeting held in his school last Tuesday afternoon. His resolution de- nouncing all such attempts to mingle the department with vpolitical matters was unanimously adopted, and among those who voted were some ladies who that very day had becn engaged in putting up one of those little slates to which refer- ence has been made. Mr. Brooks told a CALL reporter yester- day that all that he knew abont the mat- ter was what had been told him. “Have any of the teachersin the Girls' High School made up a ticket?”’ was asked. “0, no."” repiied Mr. Brooks, “if there i establishment ors, who can abolish our schools to five Dirz schools at will. Feeling thus, I reserve to myself the right todoall in my poweras s private individual, avin, ing the moral courage of my convictions, for the good government of our City, and especially her public schools. The latest ticket in the field is a combi- nation of the following twenty-one names, out of which twelve will be selected. It exists only in manuscript, and is said to be in favor among some of the teachers in the Normal Schooi: Democrats—Thomas Carew, Benjamin Ar- mer, C. Barrington, H. Conrad, F. Bragg, — Dernam, Dr. Blake, — Cuthberison, — \Vn%ler, — Banteil, — Morey. Republicans—A. McElroy, I. Halstead, P. | Hammond, William Powers, Dr. Drucker, Dr. émke, Dr. Curtis, — Tarpin, J. ¥.Clark, Dr. oper, PRISON-MADE GOODS Manufacturers Interested in the Pas- sags of the Protective Bill. Julian Sonntag, president of the Manu- facturers’ and Producers’ Asscciation, is doing all in his power to protect the State from being made a dumping grouna for convict-made goods of the Eastern States. His efforts are equally directed against free labor of this State competing with the convicts of California prisons, The great fight, be believes, will bs to put through the next Congress the bill to protect free labor and the industries. To this end the officers of the association are working and from all appearances an able second will be secured from the other large industrial and commercijal organizations of this City. At the next session of Congress a large delegation of representative manufac- turers will go to Washington to fight in the cause of the bill. It will, no doubt, be amended in several particulars, bdt at present it stands in the following form: A bill to protect free labor and the indus- tries in which it 1s employed from the injuri- ous effect of convict competition by confining the sale of goods, wares and merchandise manufactured by convictlabor to the State or Territory in which they are produced. Be it enacted by the Senate and House of Representatives of the United States of Amer- ica in Congress assembled, that every person who knowingiy transports, or causes to be de- livered for transportation, for commercigl pur- poses, from any State of Territory in which they are in whole or in_part manufactured, any goods, wares or merchandise, In whole or in part the product of convict labor, in any penitentiary, prison or reformatory. or other in which convict labor 18 employed, into any other State or Terri- tory or into the District ot Columbia, shall be deemed guilty of & misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250 nor more than $500, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the court, and such wares, goods, or merchandise shall be forfeited to the United States; provided, that this act shall not apply to unmanufactured agricultural produets. Sec. 2. That it shall be the duty of the sev- eral United States District Attorneys to prose- cute all violations of this act wnen any person | shall make the complaint under oath, and the same shall be heard before any District or Circuit Court in the United States or Terri- torial Court holden within the distriet in which the violation of this act has been com- mitted. Sec. 3. That this act shall take effect at the expiration of one year from and atter its pas- sage. WITS THE OTAY DA A. B. Spreckels fays Construc- tion Work Is Progressing Satisfactorily, When Completed Its Capacity Will Treble That of Sweetwater Reservoir. SAN DIEGO, Carn, Oct. 21.—A. B. Spreckels, who, with his brother, John D. Bpreckels, is interested in the Southern California Water Company, which is building the largest water system in the State, comprising three dams each three times as Jarge as the famous Sweetwater dam, is at Hotel del Coronado. He re- turned yesterday from a visit to Otay dam, in company with E. S. Babcock, president of the company. Mr. Spreckels expressed much pleasure at the progress being made on the great enterprise. The Morena dam, now being built by the company, will supply the city with water. Thisis was anything of that kind going on they would have told me.”” Mr. Brooks showed the reporter one of last campaign’s tickets. It was printed on a piece of pasteboard of the size of an ordinery business card. Across the face of the ticket was printed in drawing ink with a pen the words, “Teacbers’ Ticket.”” This was the offense which smelled to Heaven. A. L. Mann, principal of the Denman Grammar School, did not know anythine about the matter except what he had read in yesterday morning’s Carr. None of the teachers in bhis school had been en- gaged ln(fetting up a ticket. If they had e would have known of it, he said. Thére was no organized effort among the teachers iooking toward that end. “We have not been invited to become members of any particular cligue,’’ he said. He had no doubt that little coteries got together and picked out their friends from amon, the candidates, but there was no concerlengl action and nothing in that way was being done in the name of the department. Miss Laura T. Fowler, principal of the Normal School, denied that she had got- ten up or assisted in getting up the iicket published in yesterday morning’s CALL as baving been the production of the Teach- ers’ Mutusal Aid Society. Teachers got to- gether in little bands, of course, as private individuals, she said, and selected the best and most moral candidates and urged their friends to vote for them. Miss Fowler was sure that none of the teachers in the Normal School had been engaged 1n grlming tickets or assessing candidates. She added: Itis true that I am interested in the election of good men to the Board of Education. It is my right and my duty to be 50, in common with all public school teachers. We are traln- ing the future citizens of this City and Nation, and we should be posted in the principles of good governmentand on the alert with our ulmost power 10 help secure it. Government is what the people make 1t, and if the better class of citizens eschew it and decline to serve in it, they should forever hold their peace if the corrupt elements control us, In my judgment, every moral power should be exerted in this election to secure the best men 1o govern us. As & body of working people the teachers are not called in to select these men; thercfore, their discrimination as to their merits after the selection is made be- comes a right, and we can do that for our- “é“;‘ teachs ticket i: o far @s a teachers’ ticket is concerned know nothing of it. Ihave attended no gnlh.l ering for such, and I know nothing of any “assessment” made for lng purpose whatever, and I have never approached a candidate for the office; but 1 have received many personal calls from those selected. All such'l received with courtesy and attention to their claims for recognition, and, so far as these gentle- men can show me good, clean indorsements from reputable citizens for fitness and just- ness of character to work for the best interests of our schools—both teachers and puplls, for both have rights—Istand ready, without fear or favor, to speak good words for them in the coming election, regardless of party restric. tions. ‘What we need in the Board of Education is good true men, who will -be independent enough to vote for propositions according to their personal convictions and not from ring e tioket o facetionsly call e ticket you o facetiously call mi; have scanned and think it con(u’inl ood ::n{ didates so far as it goes, but you might have added at least fifteen others equally well in- dorsed on mylist. Ithad no connection what- ever with any mlfly or combined action of any one, Some of these candidates are young men Who have boen my pupils. They have grown into an honest American manhood, and thus step forward to help bear the burdens of goy. ernment as they should. First, last all the time I will give hearty support to all such whe will convince me that their motives are just and good. Con- trary to the new charter,I favor a larger Board of Education than the present, for i do not think itsafe to intrust the welfare of our fifty mites inland and Mr. Spreckels did not have time to visit it. “The Otay dam isa very great under- taking,” sald Mr. Spreckels, “and [ am much pleased with the way it is being carried out. Everything thus far has been done in the most workmanlike manner. I have no doubt as to the ultimate success of the enterprise. We went out through Chula Vista and saw the lemon groves, and came back by anotherroute and I saw more rich land tban 1 expected to find. The land under the Otay system is just as rich as that at Chula Vista, and all it needs is water to make it immensely valuable.” ““What is the height of the dam at present?” *It will be 106 feet in height in January, After seeing it and consulting with Mr. Babcock, we have decided to raise itto 130 feet, which will give it a capacity three times greater than Sweetwater reservoir. Water is what this country needs and we are going to get it.” Mr. Spreckels is president of the San Diego Electric Railway Company. He was asked if he intendea to extend bis lines. “Well, we have several extensions in contemplation, and I shall go over the line with General Manager Flint to-mor- row and we wil! decide whatto do. The road is in first-class condition. The ser- vice is, I believe, appreciated by the pub- lic. The returns are satisiactory to us.’’ “Then, taken all around, you are pleased with the state of your investments in this section 2"’ . “Yes. Everythingis as good as could be expected. - Of course thereis a feeling of uncertainty here as evervwhere else just before election. If McKinley is elected all will be well. In all parts of the country there has been a disquieting situation on account of the fear that Bryan might by some chance get in. But I notice that the stock and bond market is easier and more cheerful and that money is easing up a little. *“This, I believe, is because the people of the country are over their scare and are now convinced that McKinley is to be the next President. The great need of this country is protection, and McKinley means protection. We cannot admit for- eign products into this country in compe- tition with our own and keep wages up to where they are now. 3tis absard to talk about it. The more America protects her- self the better it will be for her. We pay high wages and want to keep them up.”” B g Puget Sound Competition. PORT TOWNSEND, Wasm., Oct. 21.— The tramp steamship Aramapoora, now due from Nagasaki, Japan, will load a general cargo at Tacoma for Central Americah ports. It is believed that the vessel is under secret charter to the Pa- citic Mail, which is heartily opposed to the anccess that is being met with by the Puget Sound and Central American line, This company’s steamship Transit has been making deep inroads into the revenues of the Pacifi¢ Mail, which until quite recently held full sway on the Cen- tral American coast, and it is believed that the Aramapoora has been secretly chartered by it to run the Trausit off the route. A SETBACK FOR THE RAILROAD Geary - Street Franchise May Not Be Sold at Present. Judge Daingerfield -Rules That the Proceedings Were Illegal. PERCENTAGE BIDS ARE VOID, But Privileges Already Granted on the Sam: Basis May Not Be Disputed. The present Board of Supervisors will not grant the proposed new iranchise for the Geary-street road. Judge Dainger- field yesterday decided that the cor- poration of the provision for the payment of 2 vper cent of the gross receipts of the proposed road, as part of the bid for the franchise, renders illegal the whole proceeding. The mat- ter would, therefore, have to be done all over again and new bids advertised for before a franchise could be disposed of. According to the citizens’ defense law, no Board of Supervisors may let a franchise within ninety days of the expiration of their term of office, and as the present hoard wiil retire before that length of time has elapsed it can take no furtber steps in the matter. Judge Daingerfield’s decision is as to demurrers to petitions for a writ of re- view, of prohibition and of injunction, prayed for by Georze R. Fletcher, to re- strain the Board of Superyisors from sell- ing the privilege of operating a street rail- road over the present route of the Geary Street, Park and Ocean Railroad for a period covering the next fifty years, It was alleged in the petition that the conditions imposed upon bidders for the franchise are such as to prevent fair, open and public competition, and that the con- ditions were so made for the purpose of restricting successful bidding to the Geary- street road, which is now being operated under a franchise which will not expire until 1903. It is further alleged that the franchise advertised is worth $1 500,000, and thet but $500,000 could be obtained for it under the conditions advertised. The attorneys for the Supervisors de- murred to the complaints, alleging that the court bad no jurisdiction in the mat- ter, and consequently could not issue a writ either of prohibition or review. His Honor, however, holds that grounds exist on which a writ of review or certiorari may issue, for the reason that it is alleged in the petition thatthe arplication tor the franchise purports to have been made by the Geary-street, Park and Ocean Rail- road Company, but was not in reality made by that company, and that under the circnmstances the right of whoever made the application depends upon mat- ters of law and fact within the judicial k ¥ === " BUCKINGHAM & HECHT’S Nova Scotia Seal Cork Sole Shoes. Kasts 738-740 Market St. Carry a Full 7ine of Buckingham & Hecht’s Fine Shoes. C: Qreat Catch Shoes catch all the rain and waterproof. in Calf Shoes, besides keeping rubbers. Every Genuine Pair Stamped BUCK- Nova Scotia Seal Cork Sole eep your feet dry. Absolutely More comfort than our feet as dry as if you wore FRICES—WIith Cork Soles. Without Cork Soles. Ladies’. 11102 $175 ......... 6 to 714, $1 73 $150 and $2 00 INGHAM & HECHT. Za e "‘ Kast's 738-740 Market St. arry a full line of Buckingham & Hecht’s Fine Shoes. 2%~ SEND FOR CATALOGUE. terday on a warrant charging nim with ob- taining money by false pretenses. The com- plaining witness is B. Werthner, who alleges that Searles sold him some stock which proved 10 be almost valueless. e SUNNTAG’S SUN KILLED, Falls Under the Wheels of a Car in the Sacramento ¥ards. SACRAMENTO, Car., Oct. 21.—Georeie, the 12-year-old son of Bandit George Cotant, alias Sonntag, the partner of Chris Evans, was run over by atrain and in- stantly killed at Third and B streets, in this city, this morning. The case was a particularly sad one. Mrs. Sonntag, with her littie son, was living as near as possible to her husband, who is serving a life sentence in Folsom prison. This morning she sent Georgie to the grocer’s to_geta roil of butter. The lad on returning with the butter in his band attempted to board a car which was being switcued into the lumber-yards. He~slipped and fell under the wheels, ‘which passed over his body. NEW TO-DAY. Medical and Surgical ety Offices powers of the board to ascertain, weigh and pass upon. Therefore, tbe board would be acting judicially, and hence would be subject to a writ of review. Judge Daingerfield remarks in his de- cision that if the resolution passed by the board and its record were both valid on their face, and no other jurisdictional defect existed, there would bg nothing for the court to annul. It appears to him, however, that the proyision requiring the payment of 2 per cent of the gross annual income accruing from the franchise con- travenes the requirements of the act of 1893 that franchises must be awarded to the highest bidder, and thus vitiates the entire proceedings. 2 “When a statute says ‘highest bidder’ it means highest bidder for cash or ready money,” says his Honor. ‘‘Gross receipts may be large or small and are always in- definite and uncertain. The amount is clusive and dependent on many condi- tions. A franchise may be so sought merely to shut off competition, and with no inteniion to make the gross receipts anything more than nominal. “‘The resoiution of the board requiring the payment of a percentage 1s an insep- arable part of its determination to grant the franchise and is in excess of the juris- diction of the Board of Supervisors. The resolution and advertisement constituted a determination, presumably founded upon proper evidence, that the applica- tion was legally grantable. The act pro- vides for no further examination into the propriety of the sale of the proposed fran- chise and therefore such determination is final so far as the board is concerned. The board has power to incorporate all lawlul terms and conditions into the franchise that it deems proper, whether stated in the application for the franchise or not; but when it determines to sell to some one other than the highest bidder it deter- mines in excess of its jurisdiction. The provision exacting an annual percentage is inseparable from the rest of the jude- ment and vitiates it throughout. The de- murrer to the application for a writ of re- view is overruled.” ‘With regard to the petition for an in- junction, it is decided that the petition counts on fraud and breach of trust, but neglects to state who intends or designs the evils complained of, and is therefore indefinite. His Honor advises that the complaint be amended in this particular and grants ten days time in which it may be done. In conclusion, he said that he did not deem ‘‘it necessary to pass unon the ques- tion whether the'effect of the decision of the Supreme Court referred to was to in- validate franchises already in oporation, wherever percentages of current incomes had been exacted, but considered it prover to state that where such percentages had been exacted and paid upon the faith of the validity of the franchise, both the mu- nicipality and the franchise-holder were estopped from disputing that validity.”” Although the writ of certiorari may novw issue, there is nothing to review and the matter will probably be dropped. PHELAN VS. DIMOND. The Latter’s Denlal of Pro-Charter Sentiments is Denled. A statement by J. D. Phelan, nominee for Mayor on the regular Democratic ticket, to the effect thatJoseph I. Dimoud, nominee for Mayor on the anti-charter Democratic ticket, had expressed himself some time ago in favor of the proposed new charter ,‘7\‘0“‘§M forth-a forcible denial from Mr. Dimond. Mr. Phelan was yesterday asked what response he had to make to Mr. Dimond’s disavowal and replied: ““At the present moment I do not intend to make a public answer to Mr. Dimond’s letter. That may come hereafter if I deem it wise to take such acourse, but for the time being I shall content myself with sending a pri- vate message fo Mr. Dimond, giving him the name of my informant, He is a per- sonal friend of Mr. Dimond, and to-day repeated his assertion that he had heard Mr. Dimond speak of the proposed new charter in a favorable manner a short 1ime before he was nominated for Mayor.” Stock Transaction. W. A. Searles, an old man, was arrested yes- Children Cry for Pitcher's Castoria. DR. COOK This distinguished specialist restores Failing Manhcod and removes every symp- tom of Physical, Mental or Sextal Weak- ness, He also cures Gdnorrhcea, Gleet, Stricture, Varicocele, Hydrocele, Pilcs, Fistula, Rupture, Chronic Catarrh, Blood and Skin Diseases, and Diseases of the Heart, Lungs, Liver, Stomach, Kidneys, Bladder and Urinary Organs. Female complaints a specialty. X-RAY EXAMINATION. For the benefit of his patients and in order to get at the very seat of their troubles, Doctor Cook has established in his office an X-Ray plant of the very best and latest. edition, the first one ever operated by any specialist on the Pacific Coast. It is not coming, but is perma- nently here and in actual usé. Doctor Cook really possesses what he claims to have. Under his Cathode Rays he actually sees your diseate instead of blindly guessing at it. He can carefully examine your bones, your circulation and the action of your internal organs, which is of incaleulable benetit to him in reach- ing an accurate diagnosis of the different diseases that come within his specialty. Office hours: 9 A. M. to 12 M., 2to 5and 7 to8 p. ». Sundays 10 A. M. to 12 M. only. ‘Write if you cannot cal_l. Address 865 MARKET STREET, DOETOR €00 THE GALE OPIUN CURE CURES THE OPIUM Or morphine habit. Itisa certain, quick and painless cure. It destroys all desire for opl- ates. It does not cure by gradually reducing the amount of opium or morphine used, but by antidoting every atomof the drug in one’s system. Thatis why 1t curesso quickly and tgomnghly. That is wny it never failg to cure and why pationts STAY eured. Because itisa perfect” antidote for opium, mofphine or cocaine. It does not matter how long one has used these drugs or how much, orin what form (whether by smoking, hypodermically or by the mouth), the result is always the same— fect, paitless and quick cure. The rem- edl;'eu a simple herb, as harmless as water. For diseases of the BLOOD AND SKIN Itis a panacea. Under its use they fade away as if by magic. Patients taking it for the cure of the opium habit must remain in the Gale Sanitarium in San Francisco for one week; then they go home per(eefl{' cured. The fee.deposited in y San Francisco, Cal., bank and subject to our order when the cure is complate wiil be entirely satisfactory in any case. Any reasonable number of references to tgoxeénred will be furnished by epplying at the office. OFFICE HOURS : 10 to 12 A. M. ; l1to4and 7to 8 P. M. GALE OPIDY CTRE. (0, l121la POWELL ST, San Francisco, Cal, SPECIAL SALE M THIS WEEK JOINTED DOLLS, MOHAIR WIGS, FINE CHEMISE. 4 inch long. 7 inch long RNYS} 'S THE VERY BEST ONE TO EXAMINR your eyes and fit them to Spectacies and Hye- glasses with instruments of Lis own Invention, whose superiority has not been equaled. My sués cess has been due to the merits 0f iy Work. Office Hours—1% to & ». & ELECTRIC BELTS % 3 Are good things It prop- 4 erly made: but there i3 no sense in paying a high price for a poor article simply becanss some ad- vertising “quack” de- mands it. buy no Beit tll_you see Lr. Pierce’s. B3~ Book Free. Call or address DE. PIE&CE , 704 Sacramento cor. Kearny, S. F. & F. ASTHMA: 52 £5 AND T CATARRH Oppression, Suffocation, Neuralgia, etc. CURED BY Espic’s Cigarettes, or Powder Paris, J. ESPIC ; New York, E. FOUGERA & CO. SOLD BY ALL DRUGGISTS. THE SUCCESS of THE SEASON The GRILL Ludes . ROOM OF THE PALACE HOTEL. Direct Entrance from Market St. OPEN UNTIL MIDNIGHT. Baja California Damiana Bitters S A POWERFUL APHRODISIAC AND specific tonic for the sexual and urinary ordans of Loth sexes, and a great remedy for diseases of the kidneys and bladder. A gres: Restorative, Invigorator and Nervine. Sells on its own Merits; no long-winded testimonials nece. sary. NABEE, ALFS & BRUNE, Agents, 323 Market St., S.¥.—(Send for Circular) COSMOPOLITAN. ite U. S. Mint, 100 and 102 Fifth st., San c18c0, Cal.—The mos: select” family hotel la the city. Board and room $1, 31 25 and 81 50 Meals 25¢. i g