The San Francisco Call. Newspaper, November 18, 1896, Page 14

14 THE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER 18, 1896 JUDGE McKENNA ON THE EVE ' OF MAKING A GREAT DECISION The Fate and Powers of the Railroad Commission of California Will Be Determined Within a Few Days. Now Engaged in Putting the Finishing Touches on the Manuscript. FOUR BIG PJINTS INVOLVED. | One of the Leading Law Journmals Roasts District Attorney Foote | for His Course. Within a day or two, or at most within a week, Judge Joseph McKenna of the United States Circuit Court will hand down his decision in the case of the South- ern Pacific Company against the Board of Raflroad Commissioners of the State of ! California. He has been at work on this for some time past, and his labors are now about conciuded. The decision will be one of the longest renderec by any court in Cali- fornia. This suit, involving some of the most important and interesting questions ever brought before a tribunal, was instituted early in October, 1895, went to trial on the 10th of December of the same year, and was submitted for decision May 20 of this year. The action was brought to prevent the Railroad Commission from reducing the grain rates of the complainant 8 per cent. It was contended on the part of the cor- poration that certain language in section 22 nf article X 11 of the State constitution, | aefining the powers and duties of the| commission, rendered that body ‘"‘“‘”ii stitutional. The language complained of | is as follows: d “In all controversies, civil or criminal, the rates of iares and frei:hts established by said commission shall be deemed con- clusively just and reavonable.’” It was urged that this virtually gave the commission confiscatory powers. | It was also contended by the comvlain- | ant that the proposed 8 per cent reduction | on grain rates was unjust and uurenson-i able. On the part of the State, represented by | Attorney-General Fitzgerald, ex-Judge | Hayne and W. W. Foote, it was argued that complainant bad no standing in court; first, because its leases of the lessor corporations comprising the Southern | Pacific Company were void, as corporation | franchises granted by Coungress or by a Legisiature could not be transferred with- | out the consent of the granting power, | and, second, because the consol:dation of | ali the interests of these lessor corpora- tions was in violation of section 20 of article XJI of the State constitution, which prdvides as follows: No railroad company or common carrier sbail combine or make any coutract with the owners of any vessel that leaves port or makes l port in this State, or with any comaon carrier, | y which combination or coutract the earn. | ings o1 oue doing the carrying are to be shared | by ihe other not doing thé carrying. Juage McKenna buas, thereiore, four | great points to decide. Are the Jeases of the railroad companies heid by the Southern Pacific Company valid, in view of the laws requiring the sanction of the grantors in maxing transiers of properties operated under franchises? Is the Southern Pucilic Company a legaliy con- stitutec corporation. in view of the State constitutional provision againstcombina- tions by common carrier corporations? Is the Railroad Commission a constitutional body? Are the grain rates established by the commission just and reasonable ? The real merits of the issue lie in the lattér proposition, and before the court comes to this it wiil have to pass on the other three questions in the order men- tioned. What most concerns the people of California, however, is the status of the commission, for should all the other questions be decided in favor of the rail- road company and the constitutionality of the commission upheld there would still remain the machinery for bringing relief to the shippers of the State. Itis the gencral impressiop among the legal proiession who either heard or read the arguments in tue case that the con- stitutionality of the commission will pe sustained. This impression is largely due to the stand taken and remarks made by the court during the argument of Attorney- General Fitzgerald. The Attorney-Gen- eral argued that if the provision of tne State constitution declaring all rate fixed by the commission to be “conclusively just and reasonable” is in conflict with the fourteenth amendment of tue consti- tution of the United States such provision can be rejected by the court and the rest of the section upheld. He was citing cases to illustrate this point when the court interrupted, saying: “General, the principle you are con- tending for is not denied, * * * go it is hardiy worth while to take up time in reading those decisions.” ‘Widespread attention throughout the United States has been given to this case, and the decision of Judge McKenna is awaited with deep curiosity among the legal fraternity. In speaking of the case, and particularly of the intervention ot the United States to protect itsinterestsin the Central Pacific Railroad Company, the American Law Review, one of the leading publications of 1ts class in the United Btates, in its issue of January-February, 1896, said: It is neediess to say that public opinion in California slmost unanimously condemned this move on the part of the ( nited Siates Dis- trict Attorney, and statemenis were freely made in the California lay press to the effect that the bill of intervention had been con- cocted in the law office of the Southern Pacific Company. Kurther along the Review says: It would seem that & sincere purpose on the part of the law officers of the United States to right the wrong done to the United States to prevent interference by the State of Cali- fornia with the rights of the United States would lead them to bring the proper action to dissolve this uitra vir-s lease (the levse of the Central Pacific Railroad Company to the Southern Pacific Company), and 10 rehabili- tate the directors of the Central Pacific Rail- road Company in the ;mmslon of their own properties and in the discharge of their public duties. In its later issue of May-June, 1896, the Review, referring again_to the interven- tion of United States District Attorney Foote, says it was ‘‘nominally on bebalf of the United States, but really a make- weight for the raiiroad company.” Con- tinuing it comments as follows: The arguments of Attorney-General Fitzger- ald and his colleague, ex-Judge ne, are said to have been most convincing. The argu- ments, taken together, are said to comprehena the most thorough and exhaustive presenta- tion of the iaws relating to the organization and existence, earnings and rights of trans- rtation, rights and liabilities of the Central ‘acific Railroad Company and the Southern Pl.clflcu(:‘oflylny of K:nln;.' lias toe “‘octo- us,’” as ever, or will ever ! e be, presented Referring to ‘“‘the lease of the Central Pacific Kailroad to the Kentucky mon- strosity” the article concludes as follows: If the Department of Justice had shown one- fenth of the alacrity in favor of the rights the United States which the United Bl:hl At- torney for the Northern District of California has sliown in intervening in this proceeding under the pretense of saving the rights of the Government, the real object being to belp the ratlroad mouopoly, & quo warranto on the re- lution of the Attorney-General of the United | Siates would have dissoived this infamous lease soon after it was made. However the decision turns it is likely an appeal will be taken. AGAINST POOL-SELLING. Churches of Alameda County to Pro- test Against Gambling at the Emeryville Racetrack. The question of pool-seiling at the Em- eryville racetrack was vigorously agitated at the Methodist preachers’ meeting held atthe Y. M. G. A. Monday. It was re- solved to create a feeling throughout Ala- meda County, if possible. Dr. Bovard has appointed a committee of one to circuiate petitions in the churches, in order to pre- sent a list of many thousands of signa- tures to the Supervisors. The Congrega- tional and Baptist ministers, being in ses- sion yesteraay, were visited by Dr. Bovard and both bodies promised their co-opera- tion. An effort will be made to circulate petitions among the churches of other de- nominations throughout Alameda County. The paper of the day at the Methodist preachers’ meeting was an able account of the “Internal Evidences of the Inspira- tion of the Scriptures,”” by Rev. Alfred Kummer. Rey. T. C. Baker of the Children’s Home Finding Society discussed “The Child Problem” at the Baptist Preachers’ Con- ference yesterday. The great superiority of the home over the public institution as a means of bringing up children was pointed out. « Rey. Dr. Williams addressed the Con- gregational Monday -Club on training children in the church. He considerea that the church owed a great duty to the young and that all its obligations were not summed up in the Sunday-school and the Christian Endeavor societies. At the Congregational Ministerial Union Rey. S. 8. Palmer analyzed agnosticism, which be described as the outward record of a spiritual paralysis. A big bazaar and entertainment will be heid at Howard Presbyterian Church on the 10th and 11th of December under the auspices of the Ladies’ Aid Society. The officers of the society, who have the ba- zaar in charge, are: Mrs. Farrand, Mrs. James Somers, Mrs. J. P. Pruizman, Mrs. L V. Lucy and Mrs. D. J. Gilmore. The Christian Endegverers of the West Side Christian Church are about to or- ganize the first mission made by that organization in'this City. A store at 1822 Union street has been taken and fitted up as a very pleasant mission room. It will be opened next Sunday by the Endeavors of the West 3ide church, Rev. W. 8. Berry will preach the dedicatory sermon in the morning, and Rev. W. A. Gardiner | will officiate at night. Arrangements were completed yester- day for receiving Right Rev. John New- man, D.D., the new Bishop of California. Dr. Newman will artive on the 25th inst., and will be met at Port Costa by the re- ception committee, consisting of Dr. 8, J. Carroll (chairman). Dr. Dille, Dr. Case, Rev. Alfred Kummer, Rev. Mr. Larsen, Rev. Chin, Hon Fan, Rev. J. Gutte, Rolio V. Watt, William Abbott, C. 8. Perkins, G. A. Maydwell and E. £. Kenfield. On the same evening an informal reception will be held at the Occidental. On the 27th inst. there will be a grand reception at Central M. E. Church to the new Bishop. Dr. Dille will make the ad- dress_of welcome on behalf of the clergy, and James A. Johnson of Oakland will speak for the laity. Mrs. Henry Skelton, National organizer perance campaign in the German Broad- way Church yesterday. This after- noon Mrs. Skelton will speak at the home of Mrs. Luse, 18 Essex street, when there will be an entertainment for the benefit of the W. C. T. U. A bazaar will be given at 530 Sixth street on December 5 for the benefit of the Des- coness Home. THE HUMP MUST GO. The Polk-Street Committee Has De- cided to Cut Through the Hill First and Grade Afterward. The committee appointed by the Polk- street Improvement Club to which was left the matter of cutting down the hili at the northern end of the street met yes- terday afternoon and decided to ask the board to call for bids and proceed with the work of opening the street right through to the water’s edge. Chairman Bradbury was at first dis- posed 1o have an official grade established and then to cut the street in conformity, but on second consideration he changed his mind and agreed with his feliow-com- mitteemen to remove the hump now and in the meantime work for the grade. e S —— COMMERCIAL MEN OOMBINE. Local Trade Travelers Association. Articles of incorporation of the San Francisco Commercial Travelers’ Associa- tion have been filed with the Couuty Cierk. The purposes set forth are to asso- ciate and include in its list of members reputable male salesmen of the age of 21 years or over who have been selling goods for one year or more in the City and County ot San Francisco or vicinity and represent wholesale houses or manufac- turing concerns and offer merchandise to the trade direct, with or without samples; to promote the interests of members and the firms they rapresenti; to encourage social intercourse; to aid members in securing employment and to assist them in time of sickness or need. The incorporators, who are named as directors for the ensuing year, are: Jameés Mershon, M. A. Mendelson, J. H. Horst- man, C. A, Graw and T. L. Fleming. FATHER YORKE'S LECTURE Distinguished Prelates Have Been In- vited to Attend. Among those specially invited %o be present at Father Yorke's lecture for the benefit of the Carnival of the Golden Gate, at Metropolitan Temple to-night, are Archbishop Riordan, Bishop Nicho's and Rabbis Voorsanger, Levy and Nieto. A number of the clergy will also occupy seats upon the platform with the vice- presidents. = The sale of reserved seats commenced yesterday morning at Sherman & Clay's music-stors, and fully equaled the expec- tations of the carnival committee. It will be continued at the same nlace until 5 o'clock this evening, when the balance of unsold tickets will be disposed of at the hall. The doors will open at 7:15 P. M. s.arp. FOR A NEW OHURCH. Entertainment by Ladies of the Welsh Presbyterian Pastors’ Aid Soclety. The bazaar and dinner given by the laaies of the Weish Presbyterian Church t Cambrian Hall, yesterday afternoon nd evening, proved a gratifying pecu- Organize an of the W. C. T. Union, opened a tem. | !2tions and dancing. niary success. T.ehall was prettily fitted with two handsome booths, at one of whic! household effects were disposed of and at the other trifles that make glad the chiidish heart. Professor Thomas Price delivered the opening address and was followed by an excellent proeramme of vocal and instru- mental music and literary selections. The success of the entertainment is due to the follswing ladies, officers of the Pas- tors’ Aid Society: President, Mrs. Thos. Price; secretary, Mrs. H. G. treasurer, Mrs. R. J. Hughes. The fund- realized are to go toward the building of a church for the society on their lot on Ridley street. VERDICT FOR SAILORS. Men Who Went to Alaska Get Judg- ment Against the Alaska Pack- ers’ Association. Sixty-eight sailors and fishermen who are suing the Alaska Packers’ Association were made glad yesterday by the decision of Justice of the Peace Barry in the case of Frank Johnson against the corpo- ration. The men shipped on March 5 last on a salmon-fishing trip to Alaska. They dis- agreed with the company because they were not permitted to fish when oppor- tunity offered and refused to work fur- ther, whereupon they were discharged by the company and sent back to San Fran- cisco. They claimed $191 each as compensation for the trip, while the company alleged that only $166 80 was due for labor per- formed, and that each man was indebted to the company in the sum of $92 55 for board, supplies and fare home, reducing the accounts to $74 25 each, which was ten- dered the men. The court accepted the claim of the men as to the amount due and sllowed the counter claim of the company, giving a judgmert in Johnson’s case for 25. The other cases being exactiy similar each man will receive that amount. e e THE OHOSEN FRIENDS. Two Members of the Order Receive the Money Due Them at Seventy-Five. There was a large gathering of the mem- bers of Central Council No. 4, Order of Chosen Friends, and invited gueets in Social Hall, Alcazar buiiding, last night to witness the preséntation of checks to two members of the council who had reached the old-age limit. These are Samuel Figel and J. Oben- hauer, who had attained the age of sev- Lloyd; Samuel Figel, enty-five years and were entitled to re- ceive $2000 each, plus a small addition in the way of return of premium paid in ex- cess of a stated amount. In the early part of the evening there was music, reci- Among those who perticipated were Max Levy, who rendered “Answer’’ and “Cast Aside’’; Miss Rose Cohen, who recitet “The Blacksmith's Story,” and N. A. Nesle, who sang “‘Open Thy Lattice’’; Miss Minnie Byrne, accom- panist. Then Past Supreme Councilor C. M. Arnold delivered a short address, ex- plaining the order and its methods of offering protection to its members, aiter which he presented the checks for the sams allowed each of the beneficiaries. The one was handed to Mr. Obenhauer in person and the other to a son of Mr. Figel, who was taken suddenly ill yesterday aft- ernoon. The recipients acknowledged the presentation in a few suitable words. This was followed by aancing until midnight. ——————— A HYPNOTIO SLEEP. Cheshire Slumbers Regardless of Noise or Human Touch. A large audience gathered at the Bush- street Theater last night to see Kennedy in his hypnotic performance, the particular attraction being the trance feature of the show. This feature was embraced in the ca:aleptic sleep of George Cheshire, who was hypnotized on Sunday night with a promise that he would not be aroused for an entire week. During the day several thousand people and mapy doctors viewed the siumberer and tried to awaken him, all in vain. The registrations on the book showed that the slumberer’s pulse had gone down gradu. ally since he was first placed under con- trol, and that his respiration had been under normal. Cheshire was fed beef tea twice du‘ing the day, but at no time did he open his eyes nor were the eyeballs found to be sensitive to the touch. ————— WILL FIGHT NO MORE. Report That Local Theaters Had Agreed to Comsolidate. The local theaters have buried the hatchet, and the dove of peace is spread- ing its wings over pit and gallery, regard- less of lo cation. It was reported that there had been ef- fected a practical combination of the Al Hayman Company and Friedlarder, Gott- lob & Co., whereby all Pacitic Coast i usi- ness is pcoled, and profits are to be sh. revicusly arranged schedule. The managers deny the consolidation has gone as far as that, however, but they admit that something like it has been agreed upon. —_————— Western Addition Improvement Club. At last nigat’s meeting ot the Western Addi- tion Improvement Club at Coakley's Hall, Geary street, near Central avenue, Bowlan in the chair, the following officers ‘were elected: President, James Bowlan; secre- tary, John E. Mannix; treasurer, Edward R. Rock; sergeant-at-arms, William R. O'Neill. The following were elécted delegates to the San Francisco Association of Improvement Clubs: James Bowlan, John E. Mannix, Caleb Coakley, Edward R. Rock and L. M. Man- zer. xecutive committee — Edward R. Rock, Daniel 8. Curran, William F. Bying- toa, Joseph Rock, Richard O. Bliss, Wil iiam F. Shean and Dr. T. E. Shumate. The fol- lowing were appointed a committee of three to repori as to the advisability of holding meet- ings monthly or semi-monthly: Adrian H. Berges, Purker Jones and Daniel 8. Curran. PR e A Temperance Musical The Women’s Cbristian Temperance Union will give s musical2 at 2 o’clock tc-morrow afternoon at the resiaence of Mrs. H. H. Luse, the county president. ————— 70 CULE A COLD IN ONE DAY. Take layative BromoQuinine Tablets. All drug- gists refund the money if it fails to cure. 25¢* SAN FRANCISCO I5 SELECTED FOR THE WILMERDNG SCHOOL The Regents Take Three Ballots and the General Result in Favor of This City Is Overwhelming, Stockton, Alameda County, Berke- ley and Los Angeles Had Supporters. THAT PRISON STONE TROUBLE All the Contracts for Bui'ding the Affi.iated Co 1:ges Are Now Ap- proved by the Attorney- General. First ballot—Stockton 5, University Site 2, Alameda County 5, San Fran- cisco 9, Second ballot—Stockton 2, Alameda County 4, University Site 6, San Fran- cisco 8, Los Angeles 1. Third ballot—Stockton 3, Alameda County 2, University Site 5, San ¥ran- cisco 11. The foregoing ballots were taken by the Board of University Regents at the Mark Hopkins Institute yesterday aiternoon to determine the location of the Wilmerding School. Governor Budd cast the eleventh vote on the third ballot which gave San Francisco the majority, and then declared the result in favor of this City. The regents voting for San Francisco on the third and final ballot were William T. Jeter, E. A. Denicke, C. F. Crocker, H. 8. Foote, George T. Marye, T. G. Phelps, J. B. Reinstein, Arthur Rodgers, C. W. Slack, William T. Wallace and Governor Budd. The three votes for Stockton came from Lynch, Chase and Jobn E. Budd. The regents voting for the university site were Hallidie, Hellman, Martin, Mil- ler and Waymire. Regents Kellogg and Rowell voted for Alameda County. The votes for Stockton on the first bal- lot were cast by Governor Budd, Lynch, Chase, Foote and John E. Budd. J. C. Wilmerding, in bis will, gave $400,- 000 to establish a trade school for boys, indicating & desire that the boys should have little study and plenty of work. The trust was confided to the Re- gents. Asthe bequest did not stipulate that the school should be established in San Francisco a strong pressure was ex- erted to secure its location elsewhere. Last February a majority of a special committee on sites reported in favor of establishing the school on a tract of land in Temescal, bnt the report was not adopted by the board. After much dis- cussion the whole subject-matter was postponed until after the election. Yes- terday at the hour appointed for settling the question only two regents—S. T. Black and J, F. Honghton—were absent. Twenty-one responded to the rollcall, Chester Rowell came from Fresno, John C. Lynch from San Bernardino, John E. Budd from Stockton and William T. Jeter from Santa Cruz to attend the session. The regents ta.ked from 1:30 until 5 p. M. Messre. Martin, Hallidie, Governor Budd, Phelps, Rodgers and Wallace made elaborate arguments. As a preliminary step the regents resolved that the school be established to teach trades. J. West Martin opened the discussion on behalf of the Temescal site of seven acres. He read from printed pages. He spoke of the bequest as the grandest dis- position of surpius wealth ever made, asil was a step toward the emancipation of youth from trade despotism. He hoped 1t was not the policy of S8an Francisco to absorb everything and ignore the sub- urbun towns. Timothy Guy Phelps svoke for 8an Fra cisco and made a strong and lucid argu- ment. He produced a letter from Irving M. Scott to sustain his position. He held vhat the school should be established in the midst of toe din of manufacturinginrdustry and in the place where the greatest number of boys could be reached. r. Wilmerding desired to reach the idle boys, and it was in these boys that the speaker was inter- ested. Many of them were boys of bright intellect. Some time ago the board was addressed by a man who made a sneerin, allusion to these boys of the streer. ** ielt sorry for that man,” said Mr. Phelps. “He would bave sneered at Abraham Lincoln in his rall-s%lhting garb. He would have sneered at U. 8. Grant.” Governor Budd replied that the whole drift of discussion seemed to imply that the regents were to execute a local trust. San Francisco only was mentioned. The rest of the State was ignored. He wanted to know if any rich mau of San Francisco had come forward with the offer of a site. The Governor spoke of the many advan- tages which Stockton possessed, and the readiness o. her geopla to provide land and buildings for the school. Reference was made to the absorbing in- clinations of Alameda County. The sum of $750,000 was soon to be expended at Berkeley and Reinstein knew where an- other large sum—perhaps a million—was coming from. The Governor was afraid that the people of Alameda Ccunty were trying to emulate the animal that was driven into tie sea. & Arthur Rodgers said the main purpose of the regents should be to ascertain what the benefactor desired,and in good faith execute the wishes of the donor. “‘We should establish again and again the prin- ciple that we carry out the wishes of bene: snould be true to the locate the school where Mr. Wilmerding saw the idle boys. Weshouid be honest 10 the man who made the gift."” Georee T. Marye recalled to the atten- tion of the regents the letters which Wil- liam Alvord, Thomas J. Lamb and C. F. Fargo had written. When it was sng- gested to Mr. Wilmerding that the Po- trero would be a good place he remarked, *‘That’s right; the Fotrero is the place for it.” Asamerchant and resident of San Francisco for forty years Mr. Wilmerding had this City in view. A. 8. Hallidie read a carefully prepared paper on the subject, directing_particular attention to the iact that Mr. Wilmerding left the choice of the site to the regents, Mr. Haliidie beld that it was a mistaken idea that the school was designed for the street arabs and neither was it a mission- ary school. 5 udge Wallace’s line of argument was that Mr. Wilmerding had no other place than San Francisco in view. He iived bere for forty years. It was his first inten- tion to zive $400,000 to the Art Associa- tion, but hearing of Mr. Searles’ munifi- cent gift he said to himself, “What else can 1 do for San Francisco 2" *“It never entered his mind or the mind of his associates to designate a site; that was implied. Why should Wilmerding excinde San Francisco? If a rich man of Stockton—a man who had lived there forty years—should die and leave $400,000 for a trade school my modesty would not allow me to go there anu ask for the money for a school in San Fran couldn’t bave the {ace to do it. Ii woald break me down.” Judge Wallace’s remarks elicited some merriment at the expense of the Governor and called out a spirited reply from the latter. The Judge insisted that there was nothing but surmise or eonjecture that Mr. Wilmerding had any other place than San Francisco in mind. dovernor Budd warmly resented the suggestion that the interior was brazen- faced in asking for the Wilmerding School. He was surprised at Judge Waliace's re- mark, as that regent had asked other towns to present offers. “On his own motion Stockton was included, yet he says :;e are brazen-faced for asking the loca- on.” Judge Wallace—I did not say brazen- faced. Governor Budd (turning to James D, Phelan)—Whv, your Mayor-elect pre- sented the offer of a site from San Jose. Under their oath the regents primarily decisred that other towns had as much right as Ban Francisco to enter the com- petition. It may be unfortuuate that San Francisco has absorbed the majority of the regents, as she absorbs everything else. We in Stockton can do without tne Wilmerding School. We can stand upon our own footing. But I warn this board against stirring up sectional strife, for San ancisco, while holding a majority here, does not hold & majority in the Legis: lature. Regent Reinstein—I am sure that Judge Wallace had no intention of reflecting on the interior, and I regret that any sec- tional feeling— Judge Wallace—What is that about feeling? Governor Budd—There is no feeling. Judge Wallace offered the resolution for the interior to enter the list. There is no thought of feeling. [Laughter.] John E. Budd—Judge Wallace’s remark ‘Was mere pleasantry. Everybody laughed, and Mr. Reinstein said he would accept the peace-mwaker's reward of getting a pelting from both sides. Regent Hellman s2id he would vote for the Berkeley site becnuse the $400,000 would not be adequate for the school in 8an Francisco. Regent Denicke produced figures to show that the land and buildings could be ob- tained for $100,000. Judge Waymire believed that Mr. Wil- merding purposely omitted the location in order to leave the subject to the discre- tion of the regents. The weight of ar- gument, to Judge Waymire’s mind, was in favor of Berkeley. Regent Foote—If I believed that the weight of testimony indicated that Mr. Wilmerding preferred San Francisco I should so vote for this City, but to my mind it is just the contrary and 1 shail vote for Stockton. ‘When San Francisco was chosen on the third ballot John E. Budd moved to make the choice unarimous and the motion pre- vailed. One vote for Los Angeles was cast by J. C. Lynch. The Board of Regents held a secret ses- sion yesterday forenocon and adjusted all the complications concerning contracts for building the Affiliated Coliezes. The session was attended by the Governor, Attorney-General Fitzgerald and Warden Aull of Folsom prison. The contracts will be approved in due form by the Attorney-General, but Fol- som granite will be omitted. There is a reservation that the regents may use granite quarriea at Folsom, pro- vided such use will inure exclusively to the benefit of the State and shail not_be to the advantage of the contractor. The Attorney-General does not recede from his position against the use of prison labor in cutting the stone. The sense of the azreement reached in executive session may be put in the form of a resolution for record on the minutes. Regents who attended the session gave out the assurance to contractors and others that the work would go ahead now without delay. HINTON HIGHLY HONORED. His Ability Causes Him to Be Selected for a Position of Great Trust. E. H. Hinton, who for three years past most ably represented the Panama Rail- road Company 1n this City has been elected a member of the board of administration of the Southwestern Truffic Association, on the recommendation of the Southern Pacitic Company. The news of this good fortune for Mr. Hinton camein a dispatch to THE CALL from St. Louis, the headquar- ters of the association. Mr. Hinton con- firmed the announcement yesterday in an interview, in which he said: It istrue that I have been elected by the associated lines of the Southwestern Trsffic Association as & member of the board of ad- ministration of that body. 1had many years’ experience with the lines of the Southwest, and particularly with the tr.ffic affairs of the Texas lines. ILwas not unnutural, therefore, that T should wish toreturn to a field with which I was so_ familiar, and when a vacaney occurred on ihe board of edministration of the Southwestern Assoclation a short time ago Lapplied for the place. The association has paid me ihe compliment of electing me, said election re?umng the unanimous vote of the interested lines. As to the agency of the Panama Railroad Company here 1 do not know what will be done. Thé Panama railroad officiais have said nothing to me about my successor. Mr. Hinton has already forwarded his resignation to the Panama Company and expects to leave for the new field of his labors on Saturday. The position he is expected to fill is one of the most important in the railroad world of this country. It is only within the past year that the great railroaas of the country have adopted the idea of boards of arbitration, whose duty it is to pass upon the tariffs of the companies in- terested and thus prevent destructive com- petition, and at the same time avoid any contravention of the interstate commerce law which prohibits pooling. On the board of the Southwestern Traffic Association there are six members, and Mr. Hinton was elected to fill the vacancy caused by the death of J. Waldo. Among the roads in this association are the Huntington properties, known as the Bouthern Pacific, San Antonio and Aran- sus Pass, Houston and Texas Central and the Morgan line of steamers; the Gould lines, known as the Missoun Pacific; the St. Louis, Iron Mountain and Southarn, Texas and Pacific_and International and Great Northern; Hetty Green’s Texas Mid- land, and the Fort Worth and Rio Grande, St. Lonis and San francisco, Atchison, Topeka and Santa Fe, Gulf, Colorado and Santa Fe; St. Louis Southwestern. Forth Worh Denver.The association has juris- diction of all business originating in or de- stined to any point in Texas. . The new member of the board has had a long and successful experience in rail- road traffic business. e was formerly general freicht agent of the Texas Facific for five years. position he held from 1887 to 1892, Early in 1893 he came to this Citv as the eneral agent of the Panama Railroad mpany, and so well did he look afier the interests of his company that, as one of the prominent raiiroad men of this City remarked, ‘“he _keg: the water boiling about the Pacific Mail Steamsnip Com- ¥ Tt is the general opinion among the local railroad representatives of Eastern lines that it was the acumen and ability Mr. Hinton displayed in bolding up his company’s end in the contest which was for years waged with the powerful Pacific Mail Company that drew the attention of NEW TO-DAY—DRY GOODS. NOVELTY DRESS FABRICS. Our Importations GOODS ¢ For Fall, received. We are now exhib of FOREIGN DRESS 1896,”” have all been iting the choicest pro=- ductions in NOVELTY FABRICS. Special attention is directed to the fol= lowing seasonable Woolen Dre¢ss Patterns: 25 picees 48-inch FRENCH REDFERN SUIT- ING (new Fall shades) . $1 u_§_fl Paitern 15 pieces 59-inch FRENCH BOURETTE, Two-Toned Colorings. . . $1(:50 taten 25 picces 45-inch CHEVIOT Granite Rlfegins oo o000 00 MIXIURES Pattern 720 12 pieces 50-inch NOVELTY BOUCLE, five different eolorings. . .. . Pattern 720 16 pieces 43-inch FANCY ETAMINE, latest colorings. .. oovvnn.. Pattern g5 18 pieces 44-inch FRENCH JACQUARD SUIT- ING, in great variety of colorings-. . Pattern g5 We invite our City Patrons to inspect the above goods at their earliest opportunity. TELEPHONR GRANT 124, QQQRP“AI';O i882. 111, 113, 115, 117, 119, 121 POST STREEI. the Southern Pacific Company to him and secured him tue hizher homor and in- creased emoluments of this new office. —_————— LECTURES ON SOOIALISM. Liberty Branch of the Socialist Labor Party Conducting 2 Winter Course. Liberty brancn of the Socialist Labor party holds a public agitation meeting this evening at the Turk-stree#Temple, at which Professor J. Larsen will speak on the “Social Relations Under Socialism.” This is one of a course of free lectures on economics and sociology given under the auspices of this wing of the Socialist Labor party and which will be held every Wednesday night during the coming win- ter months. ———— NEW TO-DAY. TEA SAMPLE FREE 15cto 25¢c SAVED ' On Each Pound You Buy —WE— Peddlers’, P fi t Middlemen’s I,O S 3 getting a SAMPLE HANDSOME PRESENTS GIVEN. R TR Solicitors’, TEST THIS STATEMENT OF TEA FREE! (rreat American [mporting Tea Co WE RUN 100 STORES, THAT’S WHY ——YOU SAVE—— Agents’, By Calling at any of our stores and We K-1p Every Kind of Tea That Grows, MONEY SAVING STORES: 1344 Market st. 146 Niath st. agi0_Mission st. 218 Third st. 140 Sixth st, 2008 Fillmore st. 617 Kearny st. 965 Market st. 1419 Polk st. 3006 Sixteenth st =21 Montgomery ave. 104 Second st. 833 Hayes 3255 Mission st. ket st. (Headquarters), S. F, Washington st. 616 E. 1 i e D10 Twelt ot 1355 Park st., Alameda. ND SEAL- FINE FURS A SKIN GARMENT> e o e e order. Reu odeling an | repairing at prices far Delow tose of uny o her urrier on the Pacific "xi‘) KOCOUR, EAstioNabLe FURRIER, 5% Hearny Street, tairs—Opposite Chron:cle. Formerly s “with’ Revillon Freres, Pams, London and New York. LEVIN BRos Leading Grocers Special For This Week, 0L OIL. Regular $1 35. BEERS. Wieland, Fredericksburg, pints, dos.... Levin Bros.! Exira Pale and Buffalo, g1 ()() quarts. avie Sasae: O Budweiser Lager Beer, pints. Anheuser Busch Brew, St. BRANDY. b Do s (07 MINCE MEAT. Heinz's Best, inbulk......2 pounds 25¢ ‘Anderson’s, § packages. | . New England, package.. CIDER. New Jersey Apple Cider. quart bottls. ... 1DC Mott’s New York Pure Apple Swi Cider, galion....... Botiled Cider, per bottl WHISKIES. -.250 « 100 Monogram Keyston Cream Pure Rye. Burke's Irish and Scoich. Wm. Jemesion’s Dublin Andrews Usher Edinbi Black Swan Bourbon. CASTILE NOAP. Imported Virgin Castile, 3-pou bars...... PARLOR MATCHES. Diamond Match Co., 5c pack, 6 for 25 nd 2 for 45¢ 12 small boxes in package....... SARDINES. Le Marchand Boneless. Lemoigne French.... CHINA GINGER. Imported Caina Glnger, large pots....... 350 ROYAL DUTCH CHOCOLATE, Vanilla Eating, Bensdorp & Co., Holland, 95 regular 40¢ pouna “ South 398. fil ~-22%c can ~10c can Telephone Mall Orders promptiy ‘We ship free of cLarge v ithin 100 miles. 1324-1326 MARKET ST. AND 134 SIXTH STREET. Also Branches in Oak and. Send ior our Thanksgiving Catalogue, free. I8 IHE VERY BEsT (NE your eyes.and fit them to Spectacles and gissses with instruments of bLis own fnvention, whose superioricy has not been equaled. e cess has been due to the merits of iy WOrk. Office Houry—1% 10 & ». & BELEBCOTRIC BELTS 2 Are good things If prop- y, erly made: but thera iy no sense In paying a high price for a poor arcicls simplv because some ad- vertising quack” mands {t. tili_you see 8 Book Free. Call o adoress D i. PI¥ CE & SON, 704 Sacramenty st, cor’ Kearny, 8. @ Branch Office 640 Market st, S F. . <