The San Francisco Call. Newspaper, November 8, 1896, Page 13

THE SAN FRANCISCO CALL, SUNDAY, NOVEMBER 8, 1896. 15 -PHINEAS MARTIN'S - WILL INVALID is Son Preves That the 0ld *. (Capitalist Was of Un- sound Mind. - Killed the Family’s Pet Dog Be- cause It Had Lived Long Enough, USED TO CAICH DRIFTWOOD. - Loft His Property Subjct to Scme Restrictions, Which the Court Has Ord:red Removed. OAELAND OrFicE SAN FRANCISCO CALL,$ ¢08 Broadway, Nov. 7. dents in the life of irsion of Fruitvale ene's court this 1 proved sufficient evidence in mind to justify the court in i the will of the deceased. E arston died in Fruitvale on March 21 last. He made his will in Jaly, It bestowed upon the widow all his ehold property and one-fourth.of all real estate, gave one-third to dece- daugnter, Cordelia, one-third to A. Marston and the remainder to | A. Marston in trust for his elder Phineas Marston. The will made Some pe the late P were told morning an Frank son, --no reference to the motive which impelled | - the old gentleman Phineas to vrevent his son | from managing the property norning Phineas Marston, when tand, told some peculiar cted with his father’s life, in support of his petition for the revocation of the will on the ground that the de- | ceased was of unsound mind. The witness said that he never had any | misunderstanding with his father and Mary’'s campus this afternoon and played agood gaume, which was, however, too one-sided to be exciting. by a score of 12t00. Rattigan played a good game. St. Mury’s won Fiood, Cuneo and The manager has arranged for a game to take place the latter part of the month with San Rafael. e GARCELON TRUST VOID, Merritt Boys Agree to a Compromise by Which Each Benefits. OARLAND OFFIcE SAN FRrANCISCO CALL,) 908 Broadway, November 7. An important suit relating to the Garce- lon will was decided this afternoon in the Superior Court. The suit was brought by the heirs of Samuel W. Purrington and H. P. Merritt to have declared forfeited (_he Knowles trust. Captain Knowles died some months agoand Emil Nusbaumer was appointed his successor. The foun- dation for the suit was the fact that James P. Merritt had contested the will of Mrs, et ot ust provided that the two Merritt boys, James and Fred, should forieit their property if a contest property made in the will. James Merritt made a contest some years ago and it was carried to the Su- preme Court. On this ground suit was brought. This afternoon judgment was rendered in favor of plaintiff. The whole proceedings were the result of a compromise understanding, and the various interests that will be received by the heirs will appear on record in afew days. By the terms cof compromise the boys save about three-fourths of the prop- erty, and Emil Nusbaunier will continue to manage the estate for them. HOALSIOE ELECTION T, A Ridiculous Procession That Went From High Strest, Fruitvale, 1o Fitchburg, Jack Barracks, a Bryanite, Wore a McKinley Rooster and Trundled a Wheelbarrow. 908 Broadway, Nov. 7. There was a procession on the San Leandro road this afternoon. . A few weeks ago Jack Barracks, who keeps a roadside house, became so enthusiastic on bebalf of Mr. Bryan’s candidacy that in a repented moment he declared he would give any man a free ride from High street OAKLAND OFFICE SAN FrANCISCO CALL,} that-he was totally at a loss to account for flre” resiriction placed upon him by his | He said there was no doubt that | : mind of his father at the time of mak- | il was unsound. One reason he | hat the decedent for a long time to distingush between a d a quarter. His memory He was compelled to ugh three or four times 1 an impression of it. as Marston took a pet dog of the fam- on the head; aiter doing this he cut its , and when asked for an explana- plied that be had acted as he did the dog had lived long enough. another time tness’ father to spear driftwood. Al- zh a capitalist decedent was very The pole and Look, which he t ol his hand and drifted down He then went home, har- horse and buggy and drove 10 search for the hook. he renewed his search the day, and when he still failed to find hibited great annoyvance. In Septem- , 1893, the old man was declared incom- petent. On this showing letters testa- mentary were withdrawn by Judge Greene and a new adminisirator wiil be appointed. It was & surprise to the muny friends of Phineas Marston to hear of some of the zaries of the old man, as it was always ught he was a cool-headed, calculating ncier. The property at Fruitvale is alued at about $15,000, in addition to which he has a large amount of personal ‘property and promissory notes valued at 000, Intimate acquaintances of the deceased shate the opinion that it was simply a vagary, inaking any distinciion between the rights of his various children. ictorious St. Marys. OAKLAND, Can.. Nov. 7.—The second eleveas of the St. mary’s College and Lick High School football teams met at St. to Fitchburg if his choice were not elected President. Joe Gerau, who did not have any politi- cal affiliations of any degree of intensity, one way or the other, but who is a *‘sport” and would pot sleep peacefully if he :lhonxht that he had missed an oppor- tunity to accept a bet, immediately picked up Mr. Barracks’ gauntlet. Election has been held and RBarracks is disappointed. This morning Gerau de- cided that he would like to be conveyed in a wheelbarrow from High street to Fitchburg, and as the choice of con- veyances was with him, he decided on.a wheelbaraow, stipulating = that a red, white and blue canopy should be built over it, that a cushion shou!d be placed in itand the pictures of McKinley and Ho- bart shounld be hung on_either side of it. He also requiréd that Barracks, who was to wheel the barrow, should wear on his hat a McKinley rooster. The procession started-about 2 o’ciock. After the wheel- barrow was a party ¢f boys with horn-«. Several citizens and ladies in carriages who happened to be on the county road fell in line and joined in the cheering. Barracks proved himself equal to the occa- sion; he showed not a vestige of a white feather, but manfully trundled his Repub- lican load to Fitchburg, where all hands refreshed themselves with some of Gerau’s sound money. ————— St. John’s Bazaar. The ladies of the Parish Aid Society of St. John’s Episcopal Church, Fifteenth and Va- lencia streets, will give a buzaar of the seasons at the guildhall of the church on November 10,11 and 12. Afternoons the admission is free. Entertainments, with chaage of pro- gramme, will be given each evening, at which there will be the usuel fee of 25 cents. Fancy and useful articles will abound at the booths, and light refreshments -may be had. Home- ‘made delicacies for Thanksgiving will be on sale which have been prepared most carefully by those ladies whose efforts in this line are well and favorably known. i A [ \ ARCHDEACON WEBBER, BERKELEY, CaL., Nov. 7.—Archdi Mark’s Church. The Archdeacon is one eacon Wehber of Boston, Mass,, will bezin an eignt-days’ mission in Berkeley with to-morrow’s services in St. of the most distingunished speakers of the Epi-copal church in America and his visit to the Pacific Coast is for the purpose of conducting a series of missions in every parish in the State, beginning with Berkeley. The vestry of St. Mark’s Church bas rented Shut- tuck Hall for the evening services that will be conducted by the Archdeacon, beginning with those of to-morrow evening, thereby arousing much discussion among Episcopalians of the university holding of the services in an unconsec: town, many of whom declare'that the rated building makes them too much resemble the ‘‘revivals’ of other churches, to which Episcopalians are sup- vosed to be orposed. “There is a good deal of difference between a ‘revival’ and a mission,”” said the Rev. George E. Swan, rector of St. Mark’s Church. A revival, as I understand it, is primarily an appeal to the emotions. « Archceacon Webber's methods, on the other hand, constitute an appeal to the life when it has been allowed to grow cold, and instead of the idea of a sudgén couscience through the intellect. The mission is designed to revive christ’p n Dbeing ‘saved,” we rather presch the necessity of an escape from sin b a development of character.” He is the Archdeacon of the diocese of educaticnal process which affects the whole man and which is a progressive Archdeacon Webber arrived in Berkeley to-day. Milwaukee, though his residence is in Boston. For many vears he has been traveling over the Union as a missionary of the Episcopal church, and his present visit to California is his second. Adfter concluding his series of meetings in the university town he will hold services in Ban Francisco, Oakland and other cities of California. were made over any disposition of the > WiAyss THE Marteq WiTH MSKINLEY S Al r"/if ( vou 887 Lt TN oA oA SOME OF THE CLOSING FE U A 7‘ ONE. / PAIGN ATURES OF ALAMEDA COUNTY’S CAMPAIGN. N HOME DRIVE ~ D CLINCHED How Alameda County Rati- fied the Election of . McKinley. The Republican Banner Arrived From Los Angeles and Was in the Parade. SOME FAREWELL ORATORY. The Banner County Closes the Cam- paign With Tumu!tu-us P: geantry and Mass-Meeting. OARLAND OFFICE SAN FrANCISCO CALL, 808 Broadway, Nov. 7. } The nail driven home last Tuesday in Alameda County was clinched to-night. There was a ratification such as Oakland never before witnessed and it was by no means confined to the Republicans. Visitors can always afford to be mag- nanimous and it would be cruel to place in cold type the names of those who, even since Tuesday night, have decided that it | is more sensible and certaiuly more agree- able to get in out of the wet than toshiyer in the falling snow. To a great extent the parade of to-night resembled that of last Monday in its salient features, but the spirit of the paraders was vastly different. It was a patriotic love feast. Labor and capital marchea side by side and each evi- dently knew and was eager to demonstiate the fact that it dependeo entirely on the other. The most careful search failed to reyeal the footprints of Mark Hanna on the laborer's brow. The ‘coerced’’ em- ployes from West Oakland took into the parade the finest float that was in line. It consisted of an artistic locomotive and coach, gayly decorated and suitably let- tered. Behind it marched quite an army of men, who did not appear to have been whipped into line or to have marched ffom any other motive than that of gen- uine exuberance over Republicanism’s victory. Oakland has never known a noisier night. The nearestapproach to this even- ing's demonstration is that of last Mon- day, but on that occasion there was naturally an element of uncertainty which no longer exists. Everybody was intent on making & noise, and the unhappiest bov in town was a little fellow who sat on a doorstep on Broadway and cried as if his heart would break because “I ain’t got no horo.” Solid business men made valiant efforts to blow their Jungs through horns, but the most successful effort in this direction was that of a little compan: that had built & horn for the occasion. It 10 feet long and in the nature of a speaking-trum pet. t was placed at a street corner, and en a leather-lunged individual yelled into the small end, “What's the matter with McKinley? He's all right,”” the volume of sound that came from the other end could be heard several blocks. And theroosters] Theordinary rooster, the size of a toy, was looked on with dis- dain, and nothing less than life-size was au fait. The most common emblem of victory was a life-size rooster built on a paper hat, and nearly everybody in the varade carried some kind of an artificial crower. Then the fireworks! ' The committee of ten who were appointed two days ago to collect subscriptions for the parade did their work well and proved such exceilent canvassers that their names shouid be carefully preserved for use on future oc- casions. ‘I'hey inaugurated a new method of collecting money for patriotic pur- poses. They made up their list beiore they went on the street, then started out, notified tiie leading citizens how much they were expected to contribute and wai'ed untii they received it. Before mid- night everybody in the county was aware of the result of their labors. % That grand old body, the Army ané Navy League, presented a very imposing front. During the whole of the campaign attempts have been made to show that the veterans were disloyal to the party of Lincoln, and a certain silver Army and Navy League was organized by one Dut- ton, who claimed that he had 169 mem- bers. Althougii they paraded . nearly every night the average number of men in line was tifty and Corporal Dutton re- fused to make public the list of the re- mainder. Now it is believed they had no existence except in the orzanizer's imagi- nation. This belief was borne out to-night when the genuine league marched hun- dreds strong and were joined by some of the few who for a time had permitted themselves to be blinded. Headed by Grand Marshal Gaskill, the parade started nearly on time. A cannon, | & steam whistle and wagons from which fireworks were continuously discharged, led the way and, after a gorgeous array, came the feature of the evening—a car- riage drawn by four horses, in the center of which proudly fluttered the Republi- can banner. Around it were seated Sena- tor Eli Denison, F. J. Fletter, chairman of the County Committee, Senator-elect F. 8. Stratton and the delegation from Los Angeies, who were charged with the mis- sion of returning the banner to Alameda County. There were nine divisions, each under the charge of the same aid that officiated last Monday. All tne ward Republican clubs were present, as well as_rep- resentations from Mount Eden, Eden, Maurray: and Wasbington townships. Berkeley sent its Repubiican clubs, and Alameda Republicans, headed by their attractive drill corps, were also In ‘Jine. The Young Men’s Republican League ected as escort to the velerans of the hafieilies. erchants, lawyers, insurance men, real estate men and clerks each had a place in the parade, The Soand Morney League wasout in force and prominent in the first division was that bandsome body of men, the Republican Alliance of Oakland. The National Republican League and the various Street Railway Men’s Republican clubs had a division by themselves. Most of them wore the uniforms of their re- .Tecliva companies, and even an ardent Popocrat surely could not have thought there appeared to be lacking an indepen- aence of thought. The floats and transparencies were all interesting, some were funuy and others | were a trifle personal. But the personal- | ity was kept within political bounds and went no further. The line of march presented a differant appearance from that which it bore when the week -opened. Scmething was lack- ing. The huge banner across Broadway, which contained on one side the head of the man from Nebraska and the Maine shipbuilder, and on the other the Ne- braska man with Tom Watson for a mate, was thoughtfully taken down, it being in- timated that there was a possibility that the Republican fireworks might impair its beauty and mar its usefulness, should a desire to hoist it again exist in 1900. The gayly decorated fusion headquarters were | quiet as the grave and as mournful. *Coin’s School of Finance” on Eighth street, whers for three months young Dem- ocrats and old Populists had sat before a blackboard while they were taught how fifty-three cents could be made into a dol- lar, was deserted and it is perhaps not stretching the truth too much to say that many of its former pupils were joining in the hurral on Broadway. CLOSING SPEECHES. The Banner County Listens to Farewell Words at the Tab- ernacle. OAKLAND, CaL., Nov. 7.—Never in the history of Oakland hasso much pent-up en- thusiasm been exploded within the limits of the walls of the Exposition building as there was to-night. The great building was crowded to its utmost capacity with a wildly hilarious aundience, who allow ed no opporturity o escape to show its feel- ings on the success of McKinley and the vrinciples for which he stands. Every conceivable instrament that would ma ke an e litting noise was brought into requisition. illiam R. Davis, president of the Na- tional Republican League Club, presided, and on the platform with him were the members of the Republican County Cen- tral Committee, the Republican Alfiance, the presidents of all the Republican clubs of the county, Congressman 8. G. Hilborn, Senator-eiect F. 8. Stratten, Hon. F. X. Schoonmaker and the deleration from Los Angeles County, consisting of Chair- man 8. W. Lee of the Los Angeles County Republican Central Commiitee, Senator R. gl Bulla and Messrs, F. P. Flint, M. H. Flint, R. B. Treat, 8. G. Stewars, F. 8. Munson, J. F. Francis, Tom Goss, John Burr, E. A. Dawes, C. K. Bloan, George L. Arnold, F. G. Teed, C. E. de Campy; John Lynch, E. P. John«on, C: E. Slosson, C. A. Jobnson, E. 8. Clark, W. W. Seamans, H. Z. Osborne. R. Wirshing, T. B. Stages, Ralph Hogan, Captain Norton, G. G. Compton. o President Davis, in calling the meeting to order, called for three cheers for Mec- Kinley and Hobart, for Lns Angeles County and six for Alameda County, which were given with staruing and deaf- ening effect. Speeches were maae by Senator Bulla of Los Angeles, Senator Stratton (who ac- cepted the banner from the south), George P." Morrow, Coungressman Hilborn, Gen- eral Barnes, the Hon. F. X. Schoonmaker of New Jersey and George W. Pierce of Yolo County. The meeting was dismissed ghh three cheers for McKinley and Ho- art. . = Japan is eoing 16 grant government bounties 0 shipowners and shipbuilders. MG B A SWIG Ghastly Discovery Made by Mrs. W. E Payne in South Berkeley. Her Husband Hangs Himself by the Swing on Which His Little Girl Amus=d Herself. BERKELEY, CaL.,, Nov. 7.—William E. Payne of South Berkeley banged himself this morning in the basement of his resi- dence, using the ropes of a swing he had made for his little girl to play with. The suicide was due to despondency, the deceased aving been out of employment for some months. He was a compositor and a member of the San Francisco Typo- graphical Union, and up to the time of the introduction of linotypes was em- ployed on a San Francisco evening news- paper. This morning the suicide’s wife went to San Francisco on the 9 o'clock train. On her return she failed to find Mr. Payne at home, as she expected. After a brief search she iound him hanging in the cellar, suspended but a few inches above the ground by the ropes of the swing on wlhich his little girl had been woni to ay. ' The deceased was a native of New Jer- sey, aged 55 years. He had resided in Berkeley ubout eight years and was well known in the south end of the town. The inquest will be held at the late resi- dence of the deceased, on Adeline street, near Adeline station, at 9 o’clock on Mon- day morning, Still Holds the Fort. BERKELEY, CaL., Nov. 7. -Mrs. Mary A. Townsend, whose efforts to retain pos- session of the strip of Shattuck avenue claimed by her were related in Friday's CALL, stid remains unmolested in her res- idence, 1n spite of the iact thata warrant was issued for her arrest yesterday. The lady has armed herself with a six-shooter and declares that she will resist ail efforts toremove her dwelling from the spot it now occupies. 8o far none of Berkeley's officials have served the warrant. A pre- vious charge against her of resisting an officer was heard this morning in Justice Lord’s court and was postponed for two weeks. Victory fqor Lowell. BERKELEY, CaL,, Nov. 7.—The Lowell High School football eleven of San Fran- cisco defeated the Berkeley High School team this morning by a score of 6to4. The game was a hard-fought eontest, neither side scoring in the first half. ;The line-up was as foliows: Berkeley High School—Center, Pierce; guards, Barrows and Berka; tackles,” Hill and Woolsey; ends, Conaun and Masters; halves, Spen- cer and Waste; quarterback, Chick; full- back, Hamlin. Lowell High School Center, Johuston; guards, Cook and Ham; tackles, O'Connor and Chadwick; ends, Bishop and Robinson; haives, Bishop and Varney; quarterback, Brickel; fuliback, Gickner. + Floral Soclety. BERKELEY, CaL. Nov. 7. — The November meeting of ti:e Berkeley Floral Society will be held on next Tuesday evening in Stiles Hall. Professor C. W. ‘Woodworth will deliver an address on “Remedies for Garden Pests.” Death of a Pioneer. BERKELEY, Car., Nov. 7.—Captain J. H. Jacobsen of SBixth and Delaware streets, ‘West Berkeley, died 'yesterday in Placer- ville while visiting some mining property in that section. WAS CURED BY PRAYER Mrs. H. S. Stedhams Able to Walk After Six Years of Suffering, A Beautiful Chrysanthemum After- noon Wedding — Another Pione:r Gone. 1 ALAMEDA, Can, Nov. 7.—According to her ciaim, as a direct result. of the united prayers of the pastors of the Chris- tian churches of this city last Sunday morning, Mrs. H. S. Stedhams of 1019 Paru street was enabled to arise and walk for the first time in six years. This is what the lady herself says. 8ix years ago she, in company with her husband, was enjoying a camping trip in the country. One day a hammock, in which she was sitting, broke and seriously injured her spine. She was unable to walk and had about givea up all hopes of recovering. ‘'When ‘seen this afternoon Miss Stedhams, a sister-in-law of the injured lady, said: “The prayer was answered, we believe, for Mrs. Stedhams bas not been able to walk for all these years until Sunday. On that day we were all surprised to see her get up and walk downstairs. We could not account for her wonderful recovery until we learned that the minisiers had offered a united prayer for her. We are all grateful for such a blessing that came so unexpect- edly.” A Fashionable Wedding, ALAMEDA, CaL, Nov. 7.—The First Presbyterian Church was the scene of the prettiest wedding this afternoon wit- nessed in Alameda for vears. The con- tracting parties were Miss M. Edith New- ton, daughter of the Rev. George Newton of Portland, Or., and Louis S. Blake, cashier of Goodall, Perkins & Co., San Francisco. The bride bas lived in this city most of her life, and is well known in the society set. The brides- maids were: Miss May Blake, Miss Flora Fisher, Miss Josephine Chapman and Miss Gertrude Peck. They were dressed with white over yellow, and carried huge bouquets of chrysanthemums of the same colors. Miss Barah Harnden acted as maid of honor, and carried a bunch of white roses and maidenhair ferns. She, too, was dressed in chrysanthemum colors. The bride was gowned in a beautiful white satin dress and carried a bonauet of veilow Bride’s roses and ferns. She was given away by her father, who escorted her to the altar. The groom was attended by his brother. Mr, and Mrs. Blake ieft to-night on a trip to Southern California. They will re- turn in ten days and 1ake up their resi- dence here. The church windows were covered and the gas burning. The walls were covered with ferns and palm leaves, besides large bunches of white chrysanthemums. Every bouquet was tied with large bands of yei- low satin ribbon. A Pioneer’s Death. ! ALAMEDA, CaL, Nov. 7.—Joseph M. Graham, a pioneer resident of this city, died - suldenly about noon to-day. He had been ill for some time, although his sickness was not considered serious until aday or two ago, when he grew worse. His children were notified and were all present at the =~ deathbed. They are: Sugene W., an engineer of the Southern Pacific Company;” William W., Frank E. and Mrs. Merwin, He was in business for many yvears, but retired some time ago. , Waliace Canning was seriously burned about the foce and hands yesterday while plaving around a bonfire in, the back yard of his home on College avenue, near En- cinal. Lieutenant-Commander A. N. Wad- hams, at present statior.ed at Mare Island, will speak to-morrow evening at the First Presbyterian Cuurch. Mrs, Catherine Burgle, mother of Eu- gene Burgle of 821 Central avenue, died last night after an illness of short dura- tion. The funeral will be held to-morrow. Interment at St. Mary’s Cemetery. Another effort will be made on the part of the Board of Health to induce the City Trustees tgrorder a sewer laid in Peach street. = The monthly salary o6f Sanitary In- spector Mailiot has been reduced from $115t0 $100. This was done at the regu- lar meeting of the Board of Health last night. NG MORE CORVICT STONE The Aifiliated Colleges Must Be Constructed of Other Material. It Will Be Necessary for the Regents to Advertise Anew for Bids & for Masonry. The Affiliated Colleges of the University of California will not be constructed of Folsom granite if Attorney-General Fitz- gerald can prevent it. He has written to | the Board of Regents that he will not ap- prove of the contracts made by the board with the Rae Building and Contracting Company for the masonry work because that contract provides that all stone worx shall be of Folsom granit. As the con- tract cannot be carried owt without the approval of the Attorney-General, his act | will probably compe! the Board of Re- | gents to proceed to readvertise, and prac- tically begin their work all over. This is the opinion of members of the | committee on grounds and building of the Board of Regents, and a meeting of the committee will be heid next Tuesday morning at Regent Reinstein’s office to consider what may be done in this emergency. Attorney-General Fitz:erald does not confine his utterances on the issue to his written communication to the Board of Regents. He said yesterday afternoon, in an interview, that he would not approve of any contract that may be made by the regents which involves the use of Folsom granite, because the State constitution provides that the labor of convicts shall not be let out by contract to any person, copartnership,company or cor- poration. Attorney-General Fitzgerald also said tbat as a matter of public policy it was -not well, where there are so many honest people who have families and who need work, to permit convict labor to comeinto | tion with them. ir,” said the Attorney-General, in answer to a question; I will not approve of any contract of that sort, and no con- tract is good without my approval. I do not know what the Board of Regents will do in the matter. I have not consulted with the members. There were several contracts that came to me from the board, among theny contracts for painting, car- venter work, plumbing and gas-fitting, for constructural steel and iron work, roofing, skylights and galvanized iron work and so on. y communication to the Board oi Regents refers only to the rnasonry work.” The effect of refusing to approve the masonry work contract is necessarily to prevent any work at present. The plans which were approved by the recents called for the construction of the Affiliated | Colleges buiidings at a price which prac- tically 100k all the appropriation made for the purpose, leaving so small a margin that the fees of the architects had to be provided for in another way. The fact that the contract.awarded to the Rae Building and Contracting Com- pany included the use of Folsom granite caused much commentamong the builders and. contractors of the City, and some protests were heard. Until the letter was sent out by Attorney-General Fitzgerald the general public supposed that the mat- ter was closed. The contracts aggregated $248,923 and were as follows: Rae Building and Contracting Com- pany, for mason work, $143,500; D. Ze- linsky, for painting work, $3780; Silas | Carle, for carpenter work, $67,219; C. Sweeney, for plumbing and gas-fitting, $11,198; Pacific Rolling Mills, for construc. tural steel and iron work, $4925; Joseph, F. Forderer, for roofing, skylights and galvanized iron work, $9976; Ey J. Lanton, for heating and ventiating work, $5325. Concerning the masonry work contruct the Attorney-General wrote to the board as follows: | The first contract mentioned, viz., that be- tween the Regents of the University ot Cali- fornia and the Rae Building and Contracting Company of San Francisco 10T masonry work, contains the following provisions: “The contractor agrees * * to furnish the necessary labor and materials * * * re. quired, and "to perform and complete in & workmanlike manner all the masonry work of the Afillinted Colieges bufldings of said Uni- versity of California. All stone work to be of Folsom granite, et - Tils is & direct agreement between the -Re- gents of the unheuu{ and this corporation that the stone work of the Afiliated Colieges buildings shall be of granite guarried by the convicts of the Folsom State Prison. Section 6 of Article X of our State constitu- tion provides that “the labor of conviets shall not be let out by contract to any person, co- partuership, COmpany or corporation, and the | Alction Bales C00K & (0. 123 Kearny Street. GORGEOUS CHINAWARE. MAGNIFICENT ORNAMENTS, Exquisite Lamps, Rich Cat Glass, Beautiful Dinner Sets, AT AUCTION. The Greatest Auction Sale in History, Daily at 2 o'clock P. M. P. J. BARTH, Anctioneer. Legislature shall, by law, provide for the work- ing of convicts for the beuefit of the Siate.” 1t was the evident intention of the framers of our constitution that contractors should not be sllowed to benefit by conviet labor, either directly or indirectly, and the only manner in which the Legislature is authorized to provide’by law for the employment of our State convicts is ‘‘for the benefi: of the State.’” Therefore, I am of the opinion that a contract which contemplates the procurementby a con- tractor of stone quarried by convict labor is in direct violation of the spirit of this consti- tutional provision. For this reason I cannot approve the contract im question unfil that clause is eliminated. I am aware that.by section 18 of an act en- titled “An act to regulate and govern the State prisons of California.”” approved March 19, 1889 (stats. 1889, 404-8), the Legislature provided tha:: “Ail convicts may be employed by authority of the board of girectors under charge of the wardens respecliveiy and such skilled foreman as he may deem necessary in the performance of work for the State, orin the manufacture of any article or articles for the State, or the manufacture of which is sanctioned by law. * * * The board of directors are hereby author 10 purchase from time to time such tools, machinery and materials, and to direct the emp such skilied foremen as may be carry out the provisions of this section, and to dispose of the articles manufactured and not needed by the State for cash at private sale, in such manner as provided by law.” Iam of the opinion, however, that this ‘sec- tion does not confer upon the State Board of Prison Directors authority to sell to eontrace tors granite quarried by the conviets of Fol- som State Prison, and I am further of the opinion that any attempt on the part of tho Leglsinture to confer any such power upon the State Board of Prison Directors weuld be un- constiutional. The masonry work contract was re- turned and the others were held forfur- ther consideration, JEFFRIES SEEKS A FIGHT. It ¥s Probable That He and Van Bus- kirk Will Be Matched. There are in prospect two big boxing contests in this City, the first between JFack McAuliffe and Jimmy Carroll, bilied for November 18 by the St. George Club, and the second between Bob Fitzsimmons and Tom Sharkey, to be drawn off De- cember 2 under the auspices of the Na- tional Club. Now there promises to be another match of no small moment, one between J. J. Jeffries, the Los Angeles heavv-weight, and Theodore Van Buskirk, who lately fought a araw with Jack Steizner of Chi- cago, the heavy-weight who failed to put out Middle-weight Harry Peppers. Van Buskirk was at the Occidental Club headquarters last night and wanted to have the articles drawn up then and there, so that be could sign them at once. To this the club demurred, as they wished to learn first when Jeffries is willing to box. The latter has just recovered from a se- vere attack of pneumonia and probably will want the date of the match placed as far in the future as possible. NEW TO-DAY. znmo 090000000080 .0, LY MEDIGN Which is an external and internal remedy without an equal. NOT A KEW PREPARATION, BUT OAE THAT HAS STOOD THE TEST OF OVER R QUARTER OF A GENTURY. Thousands of persons all over the United States gratefully praise Dr. Mar- tin’s Pain Curer and are never without it. % | i i | % The Curer is free from all injurious and poisonous properties, and is en- tirely vegetable in its composition. It tones up and strengthens the system, purifies the blood, expels bad matter from the organs of the body generally, promotes digestion, reguiates theappe- tite and secures a healthy state of the system and its various functions. Taken oceasionally as a preventive of disease, it keeps the mind cheerful and happy by promoting healthfal action of the skin, heert, lungs, stomach, pancress, T, kidneys, bledder, spleen, mD, and the whole nervous system. It is also especially always WOMAN'S FRIEND, and is unequaled FORTHE PREVEATION AND CURE —OF— = Rheumatism, Neuralgia, Pains in General, Bowel Complaints, Dys- pepsia, Dysentery, Cholera Mor- bus, Diphtheria, Sore .Throat, Ppeumonia, Diabetes, Nervous Complaints, Disease of the Stom- ach and Bowels Generaily, Liver Complaints, Kidney Complaints, Selatica, Lumbago, Colds, Coughs, Local and General Debility, Hoad- ache, Earache, Toothache, Sick- ness inStomach. Backache, Burns, Sweliings, Boils, Sores, Ulcer: Colic, Cramps, Sprains, Brals Scalds, Wounds, Costiveness, In digestion, Skin Diseases, Exces- sive Itchings and many other complaints too numerous to name here. In a word, the great Pain Curer of the Age is an unequaled family remedy. Price: 25¢, 50c, $1.00 per Bottle, L._CALLISCH, Wholesalz Agent for the Pacific Coast, Sun Jose, Cal. For sale by all druggists. The trade |n)zplhd by Redington & Co., Mack & Co. snd Langley & Michaels. San Francisco. MWM Big & is_a non-polsonor remedy for Gonorthaa, E)ul’ml!nl’l’h(hn. Whités, unnatural dis® charges, or any inflammas tion, irritation or ulcera- tion of mucous mem- EEvANS CHEMICALOp, brancs. Non-astringenr, Sold by Druggistc, 'on sent in Dlninmwr‘d.m"[ % express, proj e 0% 3 bottls, M7 | i i. § ; CURES 1 1to 5 days, Guaranteed ), or