The San Francisco Call. Newspaper, December 1, 1896, Page 2

(&) THE SAN FRANCISCO OALL TUESDAY, DECEMBER 1, 1896. Stanton. MEMBERS OF THE RAILROAD COMMISSION. ing parties—not between tne Southern Pacitic | Company and its various lessor companies, It | ed alonc with the actsof the State ng the property of one of its citizens | ts. There are no contracting wrong- doers seeking to avoid or enforce an act of | misfeasance. It was admitted in the argnment that the Board of Commissioners dealt with transporta- | ) tion companie hey existed as a fact, not | with the valid their existence. It s easily concei ter were neccs- sary, confusion and weskness of admiaistra- | tion would result. The Commissioners dcalt with the Southern | Pacific Compeny. Their notices were served on it, their hesrings were granted to it and | the grain schedule was served on it. The mplainants’ Status. I think, therefore, that as the Southern Pa- cific Company was regulated it may complain | of that regulation. Tnat if its possession and management of the railroad properties could be nssumed or accepted as valid by the Board | o sioners for the purpose of regulation ¥ be by the court in order to review ustness of thet regulation. This is con- nt and rational—makes cffective the con- stitution d the laws and gives full and ef- ficient exercise to and execution of the powers of the board. { This disposes of what may be termed the pre- | lintinary contentions of respondents. There | are others, which will be considered hereafter. There are some urged by complainant. The most extreme one it is difficult to state sue- | tly and make it understood. The counsel e it concedes the power of regulation, ardedly defines its limits. He says exercised to transcena the prohi- tions of the fourteenth amendment of the | titution, and, stating it more directly, | g to quote Mr. Justice Field,in ¥ vs. Smith, 128 U. -180, that its only rightful exercise is | extortion by unreasonabie charges fav m by unjust aiscrimination.” , counsel says, is the fullest power the ther by Legislature or commission est power the State in reason | torexetcise. To bring into clear | prominence his idea he stated the value of a railroad to be what it could earn without in- | terference with its rates under what he termed the normal play of natural and economic lav and if exercising this liberty it treat ali alike, then a reduction of its rates would be a taking | of property without compensation or depriving | it of the equal protection of tne laws. An explanation of these dconomic laws we need not make, but it is certain that they are not the same for a road which has no com- petitors as for a road which has competitors, not the same for monopoly as for competition. In the former case what certainty would there be of & reduction of rateS? That would depend upon the railroad’s sense of its own interests and the puoli¢ interests. This sense might or might uot be an enlightened one— might or might not be & liberal one—-and laws might, therefore, plead in vain ance. Ido not suy they would, but might, and does not experience of the disposi- tion and conduct of men admonish that all power is at times abused? The right—abstract right—of the State, therefore, to reduce rates seems to be a necessity. Whether it should in se be exercised or not is another ques- Does the right exist? That I think it does I may have sufficiently indicated in con- | sidering the contentions of respondents. The power of the State stops at injustice. The rights of a railroad stop at injustice. The State may not fix a rate unreasonably low. It at a railroad from fixing one un- | ably high. If a law gives a railroad | iieges it exacts from it duties. It exacts that it serve ail at reasoneble charges; serve all faithfully and without favor of discrimina- tion, The otheér contentions of the complainant either deny the legality of the commision or the legality of its action. Under the first it is urged that the pro- vision of the California constitution which makes the rates conclusively just and reason- sble in all its controversies, civil and crim- inal, is in conflict with the fourteenth amend- ment to the constitution of the United States. (3) Being void, and being also indissolubly blended with the provisions creating the com- mission, these are &lso void. (4) Thatno notice to the railroad is pro- vided for. (5.) That the provisions of the constitution apply 10 railroads owned by railroad -corpora- tions and companies and not to railroads gen- | erally, and that its penaities have also the same discrimination, and hence the complain- | s deprived of ihe equal protection of the | tion. Commissiouers (Mr. La Rue_and Mr. Stanton) took such a pledge before.election as to ais- qualify them from acting/and that La Rue | was interested, because a shipper of grain, and hencee judge in his own case. And be- cause the board acted arbitrarily and contrary to th2 evidence or any evidence adduced be- fore the board. 1tis in effect admitted, or at any rate ises- tablished by authority, that the provision which gives conclusiveness to the rates fixed by the Commissioners is void, but it is elaimed that it is clearly separable from the power to | lish rates. The power ana the effect of | the exercise of the power as evidence, and the | venalties which may follow fzom disobedience | are clearly separable, and being so one cafn- uot vitiate the other. It is, however, further urged that the cou- clusive provision was iho main inducement of the others, and that the laiter would not haye been adopted independently of ihe others, and to sustain this view extracts are given from the speeches of certain of the members 8f the constitutional convention. They are too Long and too many to quote. Itisenough tosay that ihey do not go that far and, besides, the speak- | ers were but a4 few members of & large con- vention and, Lesides again, they can be no index of what intention the people had by their adoption of the constitution. The objection that the provisions of the Cali- fornia constitution creating the Board of Rafl- road Commissioners is invalid because they o not require notice to the railroads iscer- tainly doubtful as law, if 1t be not disputable as & correct interpretation of those provistons. Deeisions are then cited and quoted from to show that notice is not necessary. Election Pledges Ignored. The other contentions, based on the interest of La Rue as a shipper of grain and on the pledges of La Rue and Stanton before election, are of no especial consequence—the former because the grain rate reso.ution was sdopted by a unanimous vote, and the latter because, after all, the final inquiry must be, Were the reauctions resolved upon ressonabie? And we are aided little fn that inquiry or into the con- ditions and circumstences involved in it by a consideration of Mr. Stanton’s prejudice or non-prejudice. This brings us to the other contentions of re-4 spondents and to the merits of the contro- versy. They are: 1. Thatif such rates produce any revenue, much or little, they are reasonable. 2. That they (respondents) are entitled to | Qicial prerogative. | against | tive; | is based. have the groin rates considered separate from the 25 per cent resolution; that there must be a showing as to each, not as (o both indistin- guishably. N 3. Even if joined, the showing not sufficient. (1) This is claimed t& be established by au- thority. Ido not think 50. 1tseems to have been decided in the Dey case, Thirty-fifth Federal. But the same learned Judge who expressed that view in the Dey case rptracted it in the Ames case, Sixty-furth Federal, and it has received no judicial ssnction since. When the power of judicial review wiS as- | serted aud entertained the fourteenthemend- ment to the constitution was bound to be | firmly and accurately applied. There could : no middle ground. ,M:ddle ground would isfy neither legislative prerogative - mor al prerogative. Certaiuly not the ju- That must apply justice as it is understood of men,and in is clear light it was inevitable that it would come to be seen that the fourteenth amendment of the ution would be & composition of delu- | sive words if it forbid only the taking of the physical property while it permitted the ng of its value—if its guaranties of the law’s equal protection to all persons would be satisfied as to railroads by leaving them a microscopieal profit. 1f so, the pool of Tanta- lus would lose its force to illustrate excited and disappointed expectation when compared with the organie law of thisgreat land. We ghould keep 1n mind that the regulation of a railroad effects, in reality, the natural persons who own it, not the insensible legal artificiality and abstraction called a corpora- tion. For the natural persons the protection of the constitution is inténded, and would any one say that justice is done them if their in- vestment be allowed only an infinitesimal fraction of 1 per cent while ail other invest- ments are expected to return at least legal in- terest, with freedom besides of unlimited ag- vantage? (2) The respondents are entitled to have | the grain rates considered separately from the 25 per cent reduction on other freights, but the showing may be good for either, and hence need not qistinguish. It would seem, adso, if this were so, that the respondents might show and should show it the statement of the complain- that the rates are not discrimina- but another answer is thet such & showing would be too extensive for a preliminary inquiry and absolutely intractable by affidavit. Another answer is that the action of the board negatives the iact upon which it It does not seem conceivable, if that fact be true, that the Board of Railroad Com- ant which by its horizontal application preserved, and may be intensified, whatever discrimina- tion existed between the grain rates and other Tates. AW (3) The Attorndy-Geheral sayh that he can demonstrate beyond the possibility of a plaus- ible explanation that¢cmplainant has failed to make such a showing as would entitle it to the relfef prayea for, even if the 8 per cent and 25 per centreductions could, under any circumstances, be cousidered jointly. On the other hand, Mr. Herrin says shat the com- plainant is not asking for a single doliar of dividend, because existing rates and business are not sufficient to pay diviaenas, It oniy secks revenue enough to pay interest on bonds, to pay operating expenses and to pay taxes. Present rates, under the experience of 1894, were insufficient for such payment. The elements of the controvérsy will be stated as we proceed. It may, however, be premised here that Justice Brewer said in | the Dey case, “Compensation implies three | things—payment of the cost of service, interest on bonds and tben some dividend.” Adequate dividend, subsequent cases say. These, then, are the factors of compensation to be ap- lied. = A Matter of Figures. Complainant’s bill, after a’ somewhat de- | tailed statement of the amounts payable by complainant under the leases o it, gives & summary of the receipts and expenditures, which shows: A deficiency on the Pacific system for the year of 1894 of For 1895. .. .. 1,476,176 39 In the amendment 10 the bill there is an exhibit of the receipts and ex- penditures of the California roads of the system showing a surplus for 1894 of... aosces ... 434,407 05 For 1895 (ending June 30) adeficit of 863,691 29 The Attorney-General claims that this show- seeees $276,2€2 70 | in7 38 incorrect for three reasons: (1) Because there is inciuded a defi- cit of the Oregon and California road in the sum of. . (2) Because there are included in ex- penditurés on the various roads for improvements and betterments the sum of. (3) Becau nex- pencitures ss operating expenses ibe rent paid to the Calitornia Fa- cific road In the sum of............. 1f the last (3) be good 1t is conceded that the deficlt on the Pacific sys- tem, including the other objected items, will amount to... iasss o IR0 1f not good the deticit willamountto 54,905 65 For the time being I will assumelthis objec- tion to be good and will consider the other objections. Is the deficit of the Oregon and California road a proper expenditure of complainant? The ‘second ground of objection, that is, that to improvements and betterments there, will have to be considered—first, the abstract legalicy of such & charge, and, second, the competency of it under the leases. The abstract legality of such a charge is established by the Reagan case. 5 Tmproper Expense Charge: The competency of the charge under the leases depends, of course, upon their provi- sions, It is provided in the lease from the Oregon and California Railroad Company that the complainant shall pay out of the earnings and income *the expenses of repair- ing, maintaining, improving, sdding to and keeping up the said leased railroads, with their appurtenances.” Consiruing this pros vision by the light of the Reagan case and other cases supra, the expenditures made are proverly chargeable against the income. In reference to repairs and beiterments on the Central Pacific Railroad the court held If the railroad was added toor bettered it Was to.be out of the income to which- the Cen- tral Pacific Company was entitled and which would, if not so expended, be paid to it. Itis true that thelease provides for the contin- gency of the payment of such expense by the Southern Pacific Company, but it also provides for its repayment, so that it is not in any case adeduction from its revenue. Hence it fol- lows that the item of $111,786 71 for better- ments and’ additions to the Central Pacific Company should not be allowed as an expenai- ture of the Southern Pacific Company. Under the lease of the California_Pacific road the Southern Pecific Company is required to *‘better the same at its own expanse.” The expenditure, therefore, by it was made and in its report it was charged to itself. The lease of the Northern Raflway Company vrovides that additions and betterments are $641,355 71 654,826 81 600,000 00 “a charge to the said lessor,and the settl ment therefore shsil be made annually.” They therefore should not be aliowed to the Southern Pacific Company. The iease of the Northern California Rail- road provides that the Somthern Pdcific Com- pany shall “‘add to and better the same during the term.” This expenditure, therefore, is & proper charge of the Southern Pacific Com- pany. Tnedease of the South Pacific Coast Rail- road Company is too long to quote. It is said by counsel for the respond- ents that it ‘45 a virtual convey- ance of the property for the term (fifty-five years) without any recompense to the lessor’ other than the paymentof its annual liabiii- ties and a guaranty of s bonded indcbted- ness.” Granting this is so, it yet devolves upon the Southern Pacific Company to maintain the road and the making of such improvements as have already been described was a proper expenditure by it, hence & pioper item of charge to be made by it. In the omnibus lease, so’called, in which the Southern Pacific Company (of California, Ari- zona and New Mexico, respectively) lease to complainant there is this provision: “Third—The betterments and sdditions to said leased properties shall be made by the said Southern Pacific Company,and settlement therefor made annually at the same time that payment is made for the net profits as herein provided, and each of said railroad companies shall be charged respectively with the amount of payments made for betterments and addi- tions to the property owned by it.” This makes the betterment and improve- ments an expenditure of the several compa- nies, not of the Southern Pacific Compeany, and therefore not to be allowed to it. 2 The remaining objection 1s that made to the rental of $600,000 to be paid to the Califotnia Pacificroad. Isee no objection to this $600,- 000 rental. Itisan annual expenditureof the Southern Pacific Company, to be annually re- with other expenditures. The deficit on that rond, therefore, can be regarded, if the other charges are correct, to be $54,905 65. After a review and consideration of elab- orate tables of figures submitted by both sides, the court states it as his conclusion that there was a ‘“‘deficit for 1895 “rom the operation of the road entirely in California of $552,866 51.” The decision concludes as follows: In this computation is not included lana de- partment expenses, taxes on land, back taxes 1 i F-{ - missioners would have passed a resolution | of, ‘Xes on franchises held iegal by the Su preme Court. From this showing it is perfectly evident that there should be no reduction of rates of the Southern Pacific Company, either regarde ing the Pacific sysfem or the 391ncrnia roads, unless its usiness incréases. s there & pros- pect of that so near that the court will be justi- fied in dissolving or withholding itsinjuuction against the new rates? It is alleged in the bill that when the rates in California were established by complainant they “were no more than sufficient to enable your orator to operate said railroads as ajore- said, and so remsained down 1o the commence- ment of the year 1894. That in said year an unusual depression in business occurred, and the freight and passengers offered to your orator for transportation over said rajlroads ‘were so reduced 1n quantity and number that your orator was unable from the income de- rived therefrom, at the rates aforesaid, 1o pay the charges, costs and expenses necessary for | the conduct of its business and the security of its property, as hereinbefore set forth. “That said business depression has continned to the present time, and there is no indication that it will be relieved or the volume of freight ana passenger traffic be increased during the present or next ensuing yea: is informed and believes and therefore avers that said business depression will not be re- lieved or such freight and passenger traffic be increased during tne present or the next en- suing year.” These allegations of the depression of busi- ness and the possibilities of its continuauce were attempted to be supported or denied by the respective parties by affidavits necessarily more or less speculative and conjectural, and the power of the court to take judicial notice of it and make special applications of it was asserted or denied. Bnt there need be no con- jecture, nor need the court resort to any but the ordinary methods of proof. The business of the complainant has certainly decreased, as is apparent from the evidenece. How 1894 compared with 1893 I do no: know. How 1894 compared with 1895 has been shown, and the difference is easily understood and ac- counted for. It could have no other cause but & depression in business affecting the market and transportation of all articles, The depression existed when the bill in this case was filed, to'wit, October 14, 1895, and there has been nothing offered to show:a change. I may notassume one, even from the sources of judicial notice,so definite as to ttme or amount as to determine & judicial view or action. But this is not seriously important. The regulation of the rates on classes of freight other than grain does not now embarrass our consideration. Before final action ehall be de- termined or taken on them by the Board of Commissioners and -before they shall be ex- pressed in a schedule this case can be tried. Before sny considerab.e movement. in grain it can be tried, and the conclusions from this preliminary showing be confirmed or refuted and a final injunction be granted or denied. I canuot refrain from saying o that oppor- tunity and time the parties to this suit should eagerly look and eagerly prepare. Great problems are awaiting solution which will receive their solution, or com- mence 1o receive their solution, then and by it. Then and by it will be shown whether that allegation of the complaint be true, “that the rates now in force vpon the several rail. roads operated by it as aforesaid have been fixed according to conditions and circum- stances surrounding the traffic, and with a careful regard for’the commercial and com- petitive conditions which enter into, sffect or control the making and relative adjusiment of rates and classifications and commodities in the territory traversed by said ratlroads, and in many cases are now fixed at the actuai cost of transportation, by reason of competition with other carriers by railroad and water.” Or that other averment of respondents be true, that ‘“‘affiantis informed and believes, and the history of the complainant corpora. tion in this State, with which he is ‘femiliar, confirms him in such belief, and he there- fore avers that in many cases the rate of transportation is fixed at about the actual cost of such transportation at points where it is the interest and object of the com- plainant to crush out opposition and destroy the property of competing common carriers; and that large expenditures of money have been made which were unwarrsnted and un- called for by the commercial conditions exist- ing at the present time, of in the near future, but that such expenditures were made and large properties created for the ‘purpose of destroying competition and destroying the property interests of others who enter into, competition as common cerriers, and the dis- | crimineting rates are made in favor of persons | imbursed to it from the income of the road | and places which approximate the cost of -transportation, with the view to serve the ends and objects of this complainant in the creation of & monopoly, and the losses entailed by such reduction of rates and discriminationand cre- ation of property are unjustly and unreason- ably fixed upon charges of freight and rates in other portions of the State that the revenue of this complainant corporation may be main- tained without regard to the true interests of commerce and the rights of the public or the justness or reasonableness cf the rates of charges for the transportation of freight within the State of California.” The view I have taken of the showing made by the complainant makes ‘it unnecessary to consider thut made by the United States. In the latter there are elements which are not in the former, and to give them proper attention would delay decision too long. Besides, the right of the Government to intervené was agein challenged by respondents, and with such strength of oljection as to justify a re- view of its allowance, which I think is better postponed t0'a later stage of the case. The order of the court, therefore, is thata part of the order staying the execution of the .Tesolution of the Board of Railroad Commis- sioners, reducing rates on gfain 8 per cent, be continued until the turther order of the court: that the balance of the restraining order be dissolvea. el L ANDREW J. CLUNIE TALKS. Declares It a Victory for the Com- mission on Ail Law Points. . - Andrew J. €lunie, who at the time the Railroad Commission initiated the pro- ceedings to reduce rates on the Southern Pacific Company’s lines was acting as the versonal legal adviser of James I. Stan- ton, discussing the decision yesterday said: To my mind the decision of Judge McKenna is a great victory for the Railroad Commission. While it is true” that he holds that in the pre- liminary hearing and before trial he does not consider the evidence before him sufficient to justify a reduction of the rates of the company, still on questions of law which have been mooted for years and which the railroad com- pany has continualiy heid over the hends of ihe people, his decision is conclusive, and by it’it 1s now settled that the commission as at present constituted1s a constitutional body. &nd has power to fix ratesof transportation, and that no notice of such fixing is requisite 10 the company prior to the adoption of such rates by the commissicn. Judge McKeana justly complsined that the showing made before him of operating ex- penses, fixed charges and cost of construction of the roads operated by the Southern Pacific Company was very meager. The company simply presents lnmp figures. It is absoiutely necessary that these matters shounld be gone into in detail, and in my opinion it is the duty | of ‘the commission &t once to institute & thorough smd complete investigation into each of thesé ltems and for this purpose to requiréthe production beforé it of the books of accounts and all the vouthers-of the South- ern Pacific Company. A systematic examination of these will show a grdss inflation of all these charges. 1t is a matier of common notoriety that mil- lions of doliars have been eonupt}{ and wrong- fully l(renl by this company, and it is these expenditures that it is now sought to compel the people of the State to pay by means of excessive rates, A most important question of law, and one whicn I had hoped to see decided, but which was not passed upon, was whether or not the commissiou were bound to fix such a rate of eharge as would enable the company to pay interest on its outstanding boads as fixea in the bonds. This question has never been di- rectly raised and passed upon in these Rail- road Commission cases. The general current of authority seems to be that as long as some compensation is given the courts have no ower tointerfere. Interest on bonds, accord- ing to my understanding, is such compensa- tion, and I do not believe the law will require rates 10 be 50 fixed as to pay any ralte of inter- est that may be agreed upon between bond- holders and the raiiroad. The unfortunate part of this whole proceed- ing is that Judge McKenna by his action should bave tied the hands of the commission for over a year and prevented them from making the full investigation that I men- tioned, aud which he, by his opinion, deems ot such importance. Under the decision of the Supreme Court of the United States and his own decision of to- day he had absolutely no power to issue the general restraining order which he did. All that he could restrain was the putting into effect of the 8 per cent order. It is unfortu- nate that Judge McKenna did not examine the decisious of the highest: judicial tribunal of the country before he interfered with the power of the State in this regard. His aciion in this matter but another illustration of the great wrongs perpetrated by the courts when they attempt government by injunction, and is & strong argument in favor of the position latelytaken by the Demo- cratic party in oppesition to such acition by the courts. THERETAL L FITZGERALD’S VIEWS. He Briefly Explains the Significance and Effect of the Decislon. Attorney-General Fitzgerald bad this to say yesterday of the decision and its re- sult: The great question settled by the decision 1s the valldity of the Railroad Commission itself. Section 22 of article XII of the State constitu- tion creating the Railroad Commiission and detining its powers and duties was claimed to be invalid on the ground that it conflicted with section 1 of article XIV of the constitu- on of the United States. The two grounds of assatlt were that the Railroad Commission deprived the railroad company of its property without due process of law, and the others that it deprived the company of the efual pro- tection of the iaws. On these points the United States Circuit Judge decided in favor of tne peopie and against the railroad com- pany, with the single exception in section 22 of icle XIT wnich provides that the. fixing of rates by the Railroad Commission shall be deemed conclusive as to their reasonableness and justness, The court also held that the board had not attempted to enforce the 25 per cent reduc- tion, and consequently it was not & subject of injunction. The court did hold, however, in favor of the railroad company thst the 8 per cent reduction resolution was unjust and un- reasonable, because the earnings of the rail- d were insufficient for the year 1895 to {u fixed charges and operating expeug:nl: there being a defieit f i %52500 eficit for that year of something The court decided this: That the injunctio ouid hold against the Railroad e;ommu: :lhu.n:g.ns'-:mt‘o dlihe lssx‘;‘erlfien;n;rnin feduction ss0lv: gard 1 everythingelse. S e e On Wednesday morning there will be a conference of the attorneys at the At- torney:General’s office to determine what steps, if any, shall now be taken. % ——————— THE RAILROAD SATISFIED. At the Yellow BuildIng It Promotes General Joy. The main topic of talk in the railroad building yesterday was the decision of Judge McKenna - restraining the Board of Raliroad Commissioners from reducing rates below a living figure. William F. Herrin, chief counsel of the company, was not at his office yesterday Owing to the death of his wife's father. “His associates were gratified over the de- cision, as they understand that it places in the court the uliimate power to decide Whether a rate fixed by the Board of Rail- . road Commissioners is just and reason- ble or so low that 1t approximates confis- cation. e Vice-President J. C. Stubbs had a copy of the decision in his possession, but wa so busy during the afiernoon that hi could not get time to read it. b CLERK CUBRY REDUCES. He Cut Off Several Deputies and Copy- 1sts, Wihose Services Are No Longer Necessary. County Clerk Curry yvesterday made a reduction in hisoffice force. The deputies discharged had not been very long ir his service. The reason given for reducing the force is said to be the fact that the work of the office at this time of the year is light, and that the services of the dis- charged men are no longer necessary. The following ‘are the deputies, etc., whose services were dispensed with: Bennie Jones, Irwin Graham, ex-Senator T. C. ‘Maher, Joseph Winrow; Copyists James, McCann, Miller, Howe and Russell. Itis understood that Deputy Angelo of the marriage license office and Charles Fancher, clerk of Judge Bahrs’ court, will also be dispensed with ——————— MAY MISS THE FIGHT. Nick Goettert Arrested for Disposing of Valuable Mining “tocks He Found. Nick Goettert, owner, proprietor and chef of an Eddy-street sandwich wagon, has heen dealing in mining stock, but as bis speculation was out of the usual order of things, he has also been arrested for grand larceny. About a year ago Samuel Haringue lost $600 in Con. California and Mexican stocks. Goettert found §150 worth of the stocks and disposed of them to another party, who in turn placed them in the hands of adowntown broker. Haringue was informed by the broker that the once Jost stocks had fallen into his possession and also that the original finder had been located. A cwil suit was instigated against Goettert for an accounting, which is still pending. A few days ago the plainiff in the suit was informed that the @efendant was abou! to leave town. A warrant was issuel and his arrest followed. The prisoner acknuwledges that he found the stocks and is only worried over his imprisonment for one reason—he is afraid that he will be forced to miss the Fitzsimmons-Sharkey pugilistic ~exhibi- tion to-morrow evening. TREV FOUGHT & DRAW. Tommy Tracey and Jim Ryan’s Ciever Contest at Union Hall. Rochetts Outclassed Butler, Who Fought Very Fcu ly—Stelzner Defeat d Johnscn. - The Golden West Sporting Club distin- tinguished itself last night by drawing «ff at Union Hall one of the cleanest and cleverest boxing contests ever held in this City, and at the same time a slogging and fouling match, many of which would cause the sport to die a natural death. The fight between Tommy Tracey and Jim Ryan, refereed by Dal Hawkins, ‘'re- suited in adraw. The decision produced great dissatisfaction on both sides. Ryan’s admirers, who crowded the gal- lery, hissed and hooted generally at the verdict, while the judges of boxing in general thought Tracey deseived the de- cision on account of taking the aggressive and delivering the most punishing blows, The hall was only half filied when Charles Rochette and Harry Batler, both of San Francisco, stepped upon the stage for an eight-round *‘go.” Billy Jordan acted as master of ceremonies and Billy 0O’ Donnell as referee. This yas a slogging match pure and sim- ple 1n which Butler disgraced both him- self and his club by striking his man while down,while the referee was separating the principals in a clinch and once alter the gong hud sounded. Both men fouzht like wild animals, and at the close of the last round Rochette bad Butler on Queer street and thirty sec- onds more would bave finished him. O’Donnell was s verely censured curing the course of the battle for not stopping the fizht and giving Rochette the decizion. Av the end he decided in Rochette’s favor amid great applause. Ptior to the next match Jordan an- nounced that the benefit to old Jack Davis had been postponed t:ll December 8. Tom Johnson of Marysville and Jack Stelzner of 8t. Louis then stepped jnto the ring for an eight-round contest. The contest proved merely child’s play for Stelzner, who tapped his opponent at will for three rounds, receiving only an occasional light blow in return. In the fourth round, after punching Johnson heavily on both face and body, Stelzner met a rush with a clean left-hander on tie point of the jaw that floored Johnson. As he was counted out Stelzner helped carry him to his corner., The event of the evening was the battle between Tom Tracey of Australia d Jim Ryan of Cincinnati. It was a game and clever fight. Tracey’s xeconds were “Spider” Kelly, Billy Delaney and Jounny Crowell. Ryan was “‘esquired” by Professor Frank Allen, Bully _O'Donnell and James Gallagher. Dal Hawkins, the referes, had an easy time, mostly sitting in a corner. In the thitd round Tracey fell by the force of hisown blow and Ryan promptly assisted him to his feet, whereupon the men shook bands before resuming fistic re- lations. Tracey later on returned this courtesy and both men were loudly cheered. The following description of the fight by rounds will show that Tracey forced Lhe fighting and .delivered the most blows, thereby, in the opinion of competent griucs, deserving the decisicn instead of a Taw. Bound 1—-The men spar for an openin Tracey lands a light left on the body and countered with a left in the face. Both clinch, foliowed by n rally. Ryan ducks a vieious left and lighuy taps Tracey on the ribs. Tracey misses in a rush and nearly goes through the ropes. Helands a hard right on Ryan’s body as the gong sounds. Honors even. Round 'he men clinch after sparring. Tracey lands a leit on the face and & right swingon the body in a breakaway. Tracey floors Ryan witn a leit on the jaw. Ryan rushes and aga‘n meets Tracey’s leit in the face. The men ere clinched as the gong sounds. Tracey’s round. Rounds 3, 4 and 5—Repetitions of the sec- ond. Mcst of the fighing done in Ryan’s corner, with Tracey aggressive. He landed several hard lefts on the jaw, and was once or twice lightly countered on the body. hree left swings in Round 6—Tiacey lands t succession on an's jaw, who eppears slightly dazed and clinches to avoid punish- ment. Tracey foliows with a vicious body blow. The men clinch. A hot interchange of blows on body and head follows, in which R ufidrlvnl{u}u right Into Tracey’s ribs. Light taps interchanged as the gong sounds. mnas 7 and 8—Tracey takes the initiative with two hard left-hand flbl in the Cincin- nati man’s jaw. Ryan’s blows fall lij Round 9—Tracey, lands left on right on body. Ryan missed with a hard swing and is upnercut on the jaw. Both men fresh as the gong sounds. ' Round 10—Tracey jabs Ryan on the jaw with his left. Ryan swings & hard right iic return, and, missing, slips through tie ropes. delivers a hard left on the body, clinch. Ryan ducks a swinging right and hit Tracey on the head with his left. He tries -"mi but misses. Tracey is hissed for trying ‘woat looks like choking in a clinch. The men are sparring as the gong sounds. : The management of the events w: poor. Seats were allowed to be taken by whoever came first, and holders of *re- sarved” checks could not get the places to | which they were entitled. The manage- ment did not want to ‘“‘make trouble.” The fight between Rochetie and Butlez, too, should not have been allowed to pro- ceed, nor would 1t have been allowed under good management, 3 ihnd and Tra Tollowed by 3 | DURRANT CISE DN OB HONDAY Suprems Court Will Be Asked to Admit " Briefs. Messrs Deuprey and Dickinson Will Both Off:r Oral Arguments. If the Suprems Court Rescinds Iis Order the Proce:dings Will Not ‘Be Final. On Monday next the Supreme Court will sit to hear arguments concerning the setting aside of a recent order of the court made at Los Angeles, by which Durrant’s attorneys, Messrs. Deuprey and chk_ln— son, were shut out from filing their brief, the time for filing having elapsed and the Attorney-General moving to have the case submitted. Since the order was made the attorneys for Durrant have completed their brief and have sent it to t e clerk’s offices of the Supreme Court, where it remains awaiting further action. The general opinion isthat the Supreme Court, considering that the life of a man is at stake, will be inclined to give Dur- rant’s attorneys every possible opportu- nity to show, if they can, whether there were errors in the proceedings in the Su- perior Court during Durrant’s trial suffi- cient to justify a setting aside of the ver- dict there found and also the sentence and to cause a rehearing of the case upon its merits. | " Durrant is reported to face the forth- coming hearing with the same calm com- posure that he has manifested since he first appeared in publie.as the accused murderer of two giris, When he heard from Los Angeles that the court had de- cided not to wait any longer for the filing of briefs, he said only that he had confi- dence in his attorneys and was in no way cast down by thenews. The issue of the hearing next Monday will involve his life. The expectation is that the arguments may be quite long, the matter being of much importance. The State will be represented by Attor- ney-General Fitzgerald. The hearing on Monday next will not be final. If the court should decide to rescind the order made at Los Angeles and permit the filing of briefs in behalf of Durrant, time will be allowed for the Attorney-General to file his answer. Altogether some months may elapse before it will be finaily known { whether Durrant will once more by tried for his life. —————— BURGLARS ARE BUSY, H. Baker’s Honse on Castro Street Broken Into. The residence of W. H. Baker, 311 Castro street, was entered by burglars Saturday night and a pair of diamond solitaires and other jewelry valued at $300 and $10 in coin were stolen. 2 ; Baker went downtown in the evening and no one was in the house, as his wife was visiting a friend, who had lost a rela- tive by death: When hereturned he went’ to the kitchen and found the window open. He mentioned the fact to his wife when she returned, and she said she had carefully closed the window before shéleft the house. An investigation showed that the win- dow had been forced open witha “jimmy”’ and every room had been searched for plunder. The burglars bad overlooked $150 in gold that was hidden in a drawer and they did not carry away any of the silverware. ‘The polige were notified of the burglary, but no arrests have been made. ——————— Wanted in Los Angeles. -L. J. Laird, who is wanted in Los Angeles for forgery, was taken there last evening by De- tective Steele of that city. Laird wasarrested here for grand larceny, but was acquitted and he will now be lrl!d’ in Los Angeg:‘es oen .(‘;le forgery charge. He passed a forged check for $26 on a groceryman. NEW YO-DAY. SPECIALISTS. WE RUN 100 STORES Buy Cheaper. SELL CHEAPER. 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