The San Francisco Call. Newspaper, January 16, 1897, Page 8

JANUARY 16, 1897 THE SAN FRANCISCO CALL, SATURDAY, ) THE b OF - .SPORT. What ~the Wheelmen, Anglers, Baseball Players and Riflemen Are Doing. No donbt there will be a large gathering I of the patrons of wheeling at the Velo- drome track {o-day to see the races, which should be goud, as the wheelmen who | have entered are considered first-class per- formers. | A rush of anglers to Russian Riveris ex- | pected to-morrow, as latest intelligence | is tothe eifect that the fishing is first- | class. t Shell Mound Park the' rifles will] crack lively will be represented before the butts. Baseball'is looking up and, as the sport- | ing public is taking an interest in the | National game, clubs are being organized | in city and country. There is some talk of a meeting between | the gréyhounds of this City and Sacra- | mento at Interstate park. S i THE WHEELMEN. to-morrow, as several. clubs | Blg Success Predicted for the League Benefit Meet To-Day. To-day occurs the biggest cycling meet ever known in the history of the State. The first blue-ribbon meet ever-held here to be given at the Velodrome track this aftérnoon, and that it has strucka popu- | Jar chord is evidenced by the immense t of riders and an'unprecedented ale of seats. The benefit is for the North California | Division, League of American Wheelmen. | he National assembly of the parent body to convene in any, N. Y., early next | m h, and the North California division nas several requests to ask of it for the entry advan e good of the cyclists of this State. The | board of officers realized that theonly | to get proper recognition was by send- a delegation there, and it is for this purpese that the blue-ribbon meet was ar- ran ed. The treasury of the division, ng some funds in it, was not ifficiently pletboric to admit of standing senxe, so the members, riders, deal- one interested were asked to nd they bave done it witha ack was donated by the Velo- | drome, the advertising and | music were free by courtesy of different people, and the riders themselves agreed to ride, and to ride their verv best at that, ribbons as prizes. LEverythin; s free, except admission to the T extant. Every com- spectator will pay at v point of view. d Baker streets, be called at 2 o’clock rnoon promptly. Up to the noon | seats can be had at Sherman & | s, and after that time at_the track. : two professi be a one- d mile scratch and a half-mile nandi- ap, and the two amateur events a one- bira mile seratch and two-thirds mile andicap. Then there will be the Velo- me Shield race between D. Whit- man of Los 1d. C. E. Dow of | Seattle, and tures - which will combine to make a most interesting after- } noon’s t. | The local riders and officials are an- | noyed ot the lack of support thev have re- | his meet from the Garden City | of San Jose. As one gentleman, | o does not wish bis name used, said: | While the meet will be an unqualified support, still we feel | have sent us their.riders | 1 done everything to help the thing he benefits we expect to derive r rable legislation from the Na- | tional body will be more to the Garden | rs than to any club in the S as they own their own such a large membership. They only sent | try and two others who | 1to star when they were not stars | themselves. I realiy wonder if they ex- | pec to help them an, ; This speaker expressed the sentiments | of many others whom [ have spoken- to regarding the meet. There was almost | unanimbous suppor: from the dealers, who | contributed toward the souvenir pro- | gramme and took quantities of seats be- | sides. The local clubs also took blocks of seats, and will cut an important factor in | the cheering when any of their respective | men win. The Cycle Board of Trade has two boxes for its officers and deleates. The prizes to be given the men are quite artistic, and are the handiwork of the Henccek brothers. Jules 1s the secretary of the Associated Cycling Clubs, and Victor represents the membership com- | mittee of the league. The. first prizes | will be blue ribbons, prinied and tasseled with gold. The ribbons for second prizes | will be red, and white will represent third | “money.” It is mot for ther iatrinsic value that the riders want them, there- fore, but for the prestige of winning them at this particular meet aud before the immense audience that will attend it. | Charles Wells and W. A. (“Bob”) Terrill have just received the prizes won by them at a Denver meet Over a pear ago. Wells won a $150 diamond and Terrill a one. The meet was not a financial ss ana they did not get their win- nings. The ciub was- suspended from anction privileges by the racing board ntil the prizes were paid. Buch is the | protection the League of American Wheel- men affords its racing mep. The men | have now received their prizes and the | club will probably be restored to good standing. E. H. Stoddard is making a trip'through some of the northern counties on busi- ness. The Imperial Cycling .Club will hold a members' meeting next Monday night. The billiard tournament at the club is drawing to & close and a whist tourna- ent is being arrangecd. The ciub’s fourth party will take pisce nex: Tucsday even- ing at Native Sons’ Hail. The party will be a social success and the proceeds there- from will be used to defray the expenses of building the gvmuasium recently added to the clubhouse. The members will attend the L. A. W. races at the Velo- drome to-day in large numbers to shout for their clubmate: The Bay City Wheelmen will have a cribbage tournament in the near future— something which the members have been wanting for a long time. Already many a two-handed practice game may be scen around the clubrooms evenings, and one hears more about “fiftesn-two, fifteen-four and one for his hat” tnan about bicycling nowadays. The Alameda Cyciers have a little social function planned for Friday evening, Jan- uary 29, in the form of an entertainment and musicale. The club is in a prosper- ous® condition. George E. Dixon, the popular announcer and tandem cbampion, Who has just re- turned from Sacramento, says that the Capital City Wheelmen there ars in a flourishing ~condition. Many improve- ments have recently been made in the clubroooms, and the membership has in- creased materially. The club will entera team in the next relay in April, The East Oakland .Wheelmen’s enter- tainment and dance is set for hext Friday evening, January and the cycling cir- cles of Oakland will be represented on that occasion. An excellent programme has been prepared. The affair will be held at Washington Hall, Sixth avenue and Twelfth street. R. M. Thompson, the well-known desler of Fresno, and member of the State racing board is in the City, partly on busi- ness and partly to attend the league meet | noon from the East. coming here to meet Joseph‘M. Hill o the same company, who is on a trip around the world. Mr. Hill wiil leave for Honoiulu on‘the steamer to-day at 1 P. M. He is well posied on cycling matters all ovar the conntry, and is of opinion that the present season will see a revival of the boom of 1895. Agents everywhere report large advaace orders for 1897, and with the absence of cheap wheels and mush-- room factories, or rather assemblers, the business is in a healthy conditian. Frank W. Fuller of the Oiympic Club ‘Wheelmen and member of the executive committee of the North California Di- vision, League of American Wheelmen, will leave for New York to-night, partly on a pleasure trip and partly to advance the interests of the division among the ist PRIZE (9222232222232 2.2 2% 7 T— © — Third-Mile Scratch ‘- PROFESSIONAL e, © W— éluz : gibbnn %flzzt Rorth Ql_agi_fnmia Division LA W VELODROME JANUARY 16, 1897 ‘ JAN FRANCISCO g i One of the Prizes at the Blue Ribbon Meet at the Velodrome To-Day. Eastern delegates to the National assem- bly next month. He is the first of the California deiegation to leaye. The others will follow in about a fortnight. The per- sonnel of the delegation may have to be somewhat changed, It stands now: Ker- igan, Wynne, Scovern, Welch, Alexan- der, Smyth ana Sheldon. Kerrigan, Welch, Alexander and Smyth will go, but the other three cannot get away. Mr. Faller will take the place of one of them and two other substitutes will have to be appointed by Chief Consul Kerrigan at once. Dave G. Shafer, the well-known and popular trainer, who has in the past han- dled such champions as Sanger, Cabanne, McCrea, Hamiiton, Wells. and ‘Bob” Terrill, will arrive here at 4:45 this after- Mr. Shafer’s plans are not known, but it is thought he comes here to take charge of McFarland and Stevens. When he was in the State last inter with the Syracuse team he made many friends and they will make it seem like home to him when he gets here to- night. Cycling West has dispensed with its in- teresting .San Jose correspondent, Mr. Seybold{, and as a result the only charm which the paper bad for its readers on this coast has been removed. One could sometimes get more satisfaction out of a column of Mr. Seyholdt’s news that out of the entire balance of the paper. SpaLpING. s g THE GUN. Sportsmen Enjoyed Good Shooting on Bay Farm Island Years Ago. Duck - shooting ' in' the marshes that .margin the bay is not as good as the lovers of the sport would wish, and it is extremely aoubtful if there will be any shooting worthy of mention from now until the close of the season, as the biras have scattered throughout the country. From Mount Eden and Alvarado news has been received thatsome of the resi- dents of Alvarado have had good sport during the past week popping spoonbills, whieh are tolerably plentiful in the marsh ponds. Duck-shooting in the swamp Ignds near San Pablo is sald to be very fair, but owing to the prevailing fine weather the birds depart for the bay after they are disturbed in their feeding grounds. The morning and evening shooting is very good. Among some of the prominent sports- men who thought nothing of bagging thirty or forty ducksin aday’sshoot on Bay Farm Island in the seventies were: Jerry Browell, Bill Clark, Judge Rix, Fred Van Sicklen, John Stack, Dick Brooks, Billy Dugan, Fred Johnson, Ned Edwards, Bob Lbwenberg, Harry Quinton, Harry Put- tock, E. Lynn, Tommy Potter, Tom O’Brien, M. Ault, Bill Harrelson, Charles Cate, Charles Precht, Henry Cohn, Judge Carroll and o*hers, some of whom are to- day as passionately fond of the game of hit or miss as they were twenty years ago. But the birds are annually growing scarce on the marshes within easy reach of this City because of the large extent of country in Southern California which has within' the past ten years been made fer- tile by the irrigating’ syst:m. In fact a large proportion of the wila ducks which are shipped to this City during the season for shooting are killed on the plains of Southern California, where, twenty years ago, not & bird was seen at any time of the year. Then, again, it is said that in Alaska the natives gather thousands of eggs of wild ducks and geese which are sbioped to England yearly. The Sportsman’s Club of Portland, Or., has appointed a commiltee to confer with United States Senator Mitchell with a view of introducing a bill in Congress to stop the shipment of the eggs of aquatic birds out of the country, and it would be to the credit of sportsmen of this State if the Olympic Gun Ciub, which is now the strongest club of its kind in California, would appoint a committee to interview Senator Perkins on the matter when hé at the Velodrome to-day. C. E. Martling, the Crimson Rim man, arrived from Los Angeles Thursday night, arrives. Quail-shooting is said to be first class, as the birds have forsaken the heavy timber for the open country, where they can be found on the sheltered side of the canyons enjoying their daily sunbath. red Butler, a prominent sportsman of the Tamalpais Sportsman’s Club, states that he did not kill 125 birds in one day’s shooting at Point Reyes, and that what he did bag was only an average mes 2 “Yes, with my_shooting companion, Rudolph,” said ~Butler, “our bag for three days amounted to 109 birds, and not 125as reported. Last Saturaay and Sun- day I grassed eighty-four birds, and could have killed over 100 if 1 desired, but being a gentleman sportsman'I thought I would leave a few birds for -stocking purposes. You oan therefore see that I am not a pot hunter, as I kil all my birds on the wing, and the ones [ chance to miss are kille: bv my companion. There 1s no such thing as suffering among the feathered families we attack either, as we kill our birds clean and consequently cripples are scarce in that part of the country.” The following letter is self-explanatory: SAN FRANCISCO, Jan. 12, 1897, Sporting Editor: At Bakersfield, Kern County, commencing next Monday, January 18, will be held the annual field trials. The number of entries is unusually large and as they inciude many Eastern-bred dogs the trials will carry much’ interest. Quail are very plentiful and good shooting is guaran- teed to those desiring the same. The hotel ac- commodations are first class and rates rea- sonable: The Pacific Coast Field Trials Club invites your presence. JOHN M. KILGARIF, Secretary. John Tams, a young San Franciscan, who made his mark at Cripple Creek by discovering and selling mines and thus amassing a fortune, has returned to this City and is indulging in his old passion for duck-shooting. Last Tuesday he went with his brother and invaded the Suisun marshes for a couple of days. The genial John, who is noted for his truthfulness, as admitted by a jealous brother, bagged fifty-eight duck, 1o say nothing of snipe and small birds. The clucks were divided as follows: Canvasback 17, teal 12, widgeon 9, sprig 12, mallard 8. The" actual hunting time was less than eight hours as John got stuck in the mud, and weighing as he does 230 pounds, it took his brother and a gamekeeper two hours to get him out. The brotner threw a fence board for him to cling to until the keeper went for a block and tackle. A rope was then thrown which the mired hunter made fast under his arms while a stake was being driven to make fast to. Tben he was snaked out like a big redwood log. . “Hadn’t been for that I'd killed a hundred,” said John; “as it was, 1 only gof forty shots An Eastern exchange says: Otis Fel- lows, who will soon have a traveling rec- ord to compare favorably with the Wan- dering Jew’s, took out to California on this tripa coupie of beagles and a brace of Irish terriers for John E. Doak of Stock- ton. The beagles are by Champion Royal Krueger-Hornell Ruby, and the daredevils sre by Champion Crib-Limerick Lass— breeding that is good enough for most people, O T THE RIFLE. Electlon of the Nord Deutscher Verein. In all probability there will be consider- able lively rifie-shooting at the Shell Mound rifle range to-morrow. Compa- nies A and F of the Fifth Infantry Regi- ment will hold their monthly medal shoot. Companies B and Lof the First Regiment will hold similar contests. The Knights of the Red Branch will nold their monthiy ciass medal contésts, and the San Francisco Schuetzen Verein members indulge in rifle pracuice. he annual meeting and election of the Nord Deutscher Verein was held recently and the following were elected for the ensuing vear: August Mever, president; Henry Stelling, vice-president; Chr. C, Schroeder, secretary; William 'Mueller, financial secretary; Otto Echinkel, treas: urer; finance committee—Ernest F. Bar- ruth, Henry Miesner and Ludwig Siebe; doorkeeper, George Stelling. This organization 18 one of the most prosperous in this locality, and its mem- bers are'nearly all enthusiastic rifiemen, who are able to hold their own against all comers. It now has a membership of 400 on the club rolls. Aside from the shoot- ing feature, it is & beneficiary organiza- tion, and in case of sickness it paysits members $10 a week. When a member dies the family receives $400. In case the wife of a member dies. he receives §100. The regular dues are $1 per month. The treasurer reported that there is $25,- 000 in the bank to the society’s credit, known as the reserve fund. The interest of this fund is used for sick benefits and death benefits. No assessments are made upon the members unless the reserve fund in the hands of the treasurer runs down below $800. In the last year the soclety lost fifteen members by death, but no as- sessments were levied upon the others, and there stll remains in the treasurer's hands, exclusive of ‘he reserve fund stated, $3000. Tbe sociely was organized on November 5, 1874 sl ROD AND REEL. Grand Sport Is Now to Be Had In Russian Rlver—Flne Catches. If the lovers'of angling who fancy troll- ing for steetheads desire anything like sport this winter, they thould journey im- mediately to Russian River, where the fishing is now about as good as it will be this year, notwithstanding that the net fishermen are shipping from Duncans Mills large numbers of the so-called salmon to this City. The railroad is patronized extensively by the angling fraternity of this City, still it will transport fish over its line which are taken by illegal means, and the rev- enues derived by the compary from such shipments is not to be compared with the financial support it receives from anglers and sportsmen. With few exceptions the nets used for the capture of steelheads by the fishermen who reside'in the vicinity of Duncans Mills are not of legal size, but the Fish Commissioners say that their treasury is empty, and consequently they cannot afford to deputize an officer to make arrests, and thus the matter stands. The Supervisors of Soroma County some time ago repealed an ordinance which prohibited the capture of steel- heads at the mouth of the river by means of nets which stretch from bank to bank, and as a resuit few fish can now be seen in the streams that empty into the river: The netters, it appears, are not satisfied with the law as it reads relative to the size of the meshes of nets that is permis- sible. Latest reports from Duncans Mills state that the fishes are being caught in nets the meshes of which are much smaller than the law allows, yet some steelheads escape the lines, as” may be seen by the following, which is a copy of a letter received yesterday at this office: DUNCANS MILLS, Jan. 15, 1897, Spor ting Editor Call: fow days nas been very good, and i1 it does not rain ome grand sport. will be had while the river is in its present fine condition. Cross and Wilsou caughl five yesterday evening, Crack- nell caugnt two and several were hooked and lost. Ihave just learned thaf the boys are having great sport this morning mear the mouth of Austin Creek. Butler, Gallagher and Judge Evans are in the swim to-day. But- ler shipped three fish to the anglers’ head- quarters, on Sutter street, to-day. The spoon 1s doing the work. Yours truly, f G. W. MORGAN. In all probability there will be a rush of anglers to *“the fi-hing. banks” to-day, as the weather conditions cannot be relied upon; the first rain will destroy the sport. The Golcher Bros. have received some beautiful grilse rods and leaders which anglers who are desirous of having the best quality of goods should see. e rods in construction are something sinii- lar to the tournament rods. A few fish were caught during the week Annual ‘at Point Reyes, but it is safe to say that anglers will not have real good sportuntit netting at the mouth of the creek is stopped. * An angler who returned yesterday from Alvarado had two nice fish which he :aughlin a slough within a mile of the own. : BT Y Handball. The Ean Francisco ball court h ar- The tishing of the last | ranged the following athletic programme for to-morrow: P. Hutchinson and W. Kelly vs. P. Kellyand D. Connelly; J. White and J. Collins vs. R., Murphy and E. Toy; M. Edwards and E. Curley vs. W, Hamilton and M. McClure; M. MeNeil and P. Ryan vs. D. Rodgers and W. Manion; C. Piousand J. Kearney vs. G, McDonaid and L. Corraine; J C. Nealon and T. F. Bonnet vs. P. Donnelly and M. J. Kilgallo: s ON GRIDIRON FIELD. Never-Defeated Y. M. C. A. Team to Meet Undefeated-Lick School. The Y. M. C. A.-Lick School game to- day at Central Park promises to be an ex- citing contest. There is personal enmity and much Trivalry behind the match. Both teams play creditable football. Lick has gone through the season with- out once meeting defeat. The school was not a member of the State Academic Am- ateur League, and consequently the team did not contest with St. Matthew’s School of San Mateo for the State championship in the sub-coilegiate class. The little Y. M. C. A. lightwéight team has an unprecedented record. It hasbeen organized three years, has played thirty- five games and has never been defeated. Its latest creditable showing was against the University club team, which it defeat- ed in a practice game just before the Te- cent society and charity game, in which the army and navy team ontplayed the big university men. The Y. M. C. A. éleven weigh on the average 132 pounds, while the Lick School eleven average twenty-five pounds heavier to the man. The greatly superior weight of their op- ponents in to-day’s game wil compel the Y. M. C. A. eleven to make particular use of their trick and team plays. Game will be called at 3 o'clock. Syorting FEditor Call—Sir: Last Tuesday the Examiner published an account of the game between the Mill Valley Football Club and the Themis of San Franeisco, which was entirely erroncous. Among other things it was stated that the effective work behind tbe line on the parsof the Mill Valley team won the game. As it was the passing was so poor that the ball rarely left the quarter’s hands, and when it did reach its destination the runner was generally downed before he passed his own line. The score published by the Examiner was Mill Valley 16, Themis 4. The correct score, which can be testified to by C.F. Re~ gan, the referee, is Themis 6, Mill Valley 4. The Themis played a good, clean game. EpwARD P. ANTON. A match of particular interest to the League of the Cross Cadets and their friends will be played at the Sixteenth and Folsom street grounds on Sunday, January 24. The Vallejo Ds will play the Green Cs. Both teams have been prac- ticing for some time for the game. —_——— BASEBALL. Games That Wil Be Played To- Morrow in This City. The San Francisco Violets will play a team from Santa Clara to-morow at Cen- tral Park, the proceeds to go to charity. A match game of basevall will be played at Central Park to-mmorrow morning between the Postoffice clerks’ team and a team from Miller, Sloss & Scott. Theline- up is as follows: E Miller, 8. & S.'s, P. 0. Clerks. Barry . Gorman smussen Supple . Hinds Morray. Lamont. . Dunnigun Scott... Right field.. ..3. Powers The Robin Hoods will play the Pioneers to-morrow at Golden Gate rark. The game will be called at 1:30 p, M. The teams will line up as follows: Robin Hooas—Duffy, catcher; Pariser, pitcher; Burham, first base; Hammond, second base; Cohn, third bage; Fergherty, short- stop: Dnddy, right field; Gonzalyes, cen- ter field; McCarthy, left field; substi- tutes—Humphrey and Green. Pioneers—Hawkins, catcher; Russell, pitcher; McShane, first base; Collins, second base; Koyne, third base; Linehan, shortstop; Flanigan, right feid; Haley, center field; Whaley, left field; substi- tutes—Anglasey and Connolly. Tke Conway and Baumel baseball team would like to hear from the San Fran- cisco Violets. The Conways have greatly strengthened their team in haying Reed Beckett at shortstop. He ‘is an excellent infielder and a hara hitter. Tom Magee, who played with the Imperials last season, is also a member of the team. The make-up is as follows: W. Fitz- simmons, catcher; John McCormick, pitcher; W. Stanton, first base; G. Sande- man, second base; F. Meacham, third base; R. Beckett, shortstop; W. Bannis- ter, right field; T. Magee, center field; Joe McCormick,. left field; J. Sheehan, extra catcher. Tne Conway & Baumel's will line up ainst the Presidid soldiers to-morrow at i:iha Presidio grounds for a purse of $25 a side. Sooe oot THE OARSMEN. South* Ends Galning In Member- ship—Alex Pape Takes Up Rowing. ¢ The South Ends are rapidly- gaining in membership since the reduction of their ipitiation fee. Ata meeting last Tuesday evening the following were proposed for membership: Frank J. Burke, Joseph Wieland, Maurice Pope, Louis Ward, Walter de Martin1 and M. J. Tiernan: These are all good athletes, and will furnish excellent material for a junior crew. Frank Burke is quite an experienced oarsman, having participated in several regattas. : Although the weather was cold last Bunday morning over twenty enthusiastic oarsmen left the boathouse. . The new senior crew, under the direc- tion of Captain William Thomas, took a long row to Hunters Point. The crew displayed marked imrrovement and will make a mighty effort to beat the Stock- ton giants in the next regatta. A new junior crew were out last Sun- day. The following comprised the crew: T. Fitzpatrick, stroke; Hugh McIsaacs, afterwaist; Joseph Campodonico, torward- waist; Joseph Foley, bow. This is the same crew that competed in the Stockton regatta on. September 9 with the exception of J. Campodonico, who, although a new member, has displayved great ability as an oarsman. About fifteen members of South Ends were practicing at the park last Sunday. From this number a team will be chosen to play the Dolphins. Another practice geme will be played to-morrow and all members are invited to participate. The baseball game at Hunters Point between two teams of the Pioneer Rowing Club was an interesting event. The Pio- neers defeated the picked nine by a'score of 11 to 10. The Uhiversity Rowing Club ifitend to hold a club regatta on February 27 or March 6 over the estuary course. The races will be open to outside clubs. - Alex Pape af the Dolphins is being coached by Adam Schubert and is rapidly acquiring a knowledge of rowing. HE TRIED HARD TO DIE J. B. Hennessy, a Carpenter, Jumped ¥rom the Newark, but Was Saved. J. B. Hennessy, a carpenter living at 220 Tehama street, being out of work and un- able to find employment eitber in this City or in Oakland, jumped overboard from the creek boat Newark yesterday afternoon, taking overboard with him a piece of lead weighing twénty pounds that he might be sure to. sink. \Captain Fred- erickson saw him jump overboard and put out a boat into which Hennessy was taken, He was sent to the Receiving Hospital on the arrival of the boat on this side of the g;y. After a time he was able to walk ome. e Poison Was All Around. W. J. Foster of 415 Eddy street has lost a valuable fox terrier by poison. The pet was foynd dead in his yard and poisoned meat was' found in several places. The mother of the HUMOR FROM THE SUPREME BENCH Pleasantry in an Opinion Written by Justice Temple. 7 Attorney Spencer of Lassen County Won an Interesting Appeal Case. Justices McFarland and Henshaw Join in a Learned Discussion of the Game of “Frog.” It is not often that public attention is drawn to the rare wit and humor that lie entombed in that somber repository known as the Reports of the Califoraia Supreme Court. It happened yesterday that asample of this fleeting spirit of pleasantry was developed from one of those formidable tomes during the pro- ceedings in Judge Slack’s court, while an application to strike out a big cost bill was on hearing. The court and all the jurors enjoyed the joke hugely. General W. H. L. Barnes, who happened to be present, seemed to be as happy as if listening to or telling a gooa story at a Press Club jinks. John A. Wall objected to the entire cost bill in the suit of Kennedy and others against the San Francisco and San Mateo Construction Company and others. To support his position he read an affidavit to the effect that he had given notice of the motion tostrike out, and further that the proposed cost bill had not been *‘de- livered”” within the five days allowed by law. 7 Attorney Anson Hilton, speaking on be- half of the cost bill instead of replying to Mr. Wall's five-day proposition, made a counter attack by saying that Mr. Wall's motion to strike out was not made in the ten days allowed by law, but that only notice of such a motion had been filed, though the actual motion to strike out came much later and therefore too late to help Mr. Wall. Judge Slack said he was willing to hear argument and as Mr. Wall did not seem to think that the assault on his proposi- tion was really serious Mr. Hiiton said he would read from a decision made by the Supreme Court of California, the opinion being written by the learned Justice Jack- son Temple and concurred in by the learned Justices T. B. McFariand and F. W. Henshaw, the same being reported in V‘;)glaume 41 of the Pacific Reporter, page 1095. The original suit was begun by F. V. Spencer against J. G. Leonard in the Jus- tices’ Court at Susanville, Lassen County. Spencer obtained judgment by default, and Justice James Branham gave notice that he would, thirteen days after the entry of defauit, take up a notice of an application made by Leonard for the set- ting aside of tne default. Spencer, on the date of the proposed hearing, applied to Juage W. T. Masten of the Superior Court of Lassen County for a writ of pro- hibition to prevent Justice Branbam from further considering the case on the ground that he had lost jurisdiction, more than ten days having expired after the default was entered. The Superior Court denied the writ and, S;}encer appealed to the Su- preme Court. That august tribunal over ruled both Judge Masten and Justice Branham and beld that Spencer was right. Spencer & Raker and F. C. Spencer apveared for the Epelllnx, Goodwin & Goodwin and J. Pardee for the re- spondent, 5 Mr. Hilton read from the report of Jus- tice Temple’s opinion as follows: The written notice was handed to the Justice of the Pesce on Monday evening, and the Justice was told to file it. He was not asked to act upon it, and the counsel for the 0ppo- site party were not notified of any hearing and were not present. Indeed, respondent’s counsel seem to admit that the paper was handed to the Justice at a time when no action cou d be expecied. They say that a Justice court is wherever you find the Justice, and that “attorneys, like other human beings, are not above the customs of & country, and it is at least awkward, if not downright impolite- ness, to stop the deal in a game of “rog,’ and distract the attention of the ‘swampers’ from the contest of the ‘widow’ bv injecting into the proceedings, ‘If your Honor plesse, as attorney representing the defendant in Doe vs. Roe, I respectMlly move,” etcl How much better to respect the Tights.of all, and when the court is sipping the fruits of a well-earnea victory (his own, or some one else’s) quietiy band him the paper, with & statement of its contents, and i request that it be flied; and if the ‘victories’ have not been so frequent but that he knows what ne is asked for, and pro- ceeds thereafter to act upon theTequest, it would seem that as much had been accom- plished as could have been by the most format viva voce motion. Justice Temple, after makin, tation from the brief on file fn adds: Although not able to determine from the language of the learned counsel what his Honor was then doing I understand the state- ment as an admission that ne was not then engaged in judicial work and was probably not in & condition to do so. At all events no resent action was asked and none could have Peon had in the absence of the opposite party without notice to him. After disposing of the incidents of the “irog” game Justice Temple deals with the legal question in these words: The question then is, When a motion must be made upon notice within a xlvenflperiod can a party extend his own time by filing a written motion within the perlod and giving notice of a hearing of the motion after the time bas expired? To ask the question is to answer it. Applications for relief must be by motion, and “making and not filing & written ap- plication for such rule or order is not this quo- the case, sufficient. The attention of the court must be called to it and the court moved to grant it’’ People vs. Sam, 41 Cal., 645. Here, although the atten- tion of the court may have been called to it, no present action was requested. If the mo- tion had heen made, had the court continued the hearing for argument or for further evi- dence, it wonld not have lost jurisaiction, for in such case.the_application would have been made 1n time. Judgment and order reversed. Judge Slack, as was his duty, only laughed at the humorous comments of the Supreme Court, and, after lodoking over the papers a moment, remarked that it did not appear by any of the pleadings that Mr. Hilton had served his cost bill, and that Mr. Wall's affidavit was not material because it simply alleged that the cost bill was not ‘‘delivered’ in time. If it was intended to allege that it was not ‘‘served” in time, the word ‘‘served” ought to be used. Since the attorneys were insisting on technicalities it was necessary that the rules should be en- forced in zall their strictness. The lawyers were given a week to settle their differ- ences or to amend their pleadings accord- ing as they were disposed. LIQUOR-DEALERS, ORGANIZE. Protective Assoclation of the State of California Elect Officers. A convention of the retail liquor-dealers was held yesterday afternoon in Concord Hall, Alcazar building, at which a.State organization was formed under the title ot the Protective Association of the State of California. The meeting was called to order by J. B. Garland, president of branch No. 2 of the ‘California State Protective Association. 1n the course of his remarks Mr. Garland stated that branch No. 2, which was composed of the retail liquor dealers of San Francisco, was organized to meet the exigencies of the recent political terrier was a prize-winner st the dog show. | campaign and protect the interests of the liquor-dealers. Since the. ‘election, the wholesale liquor men had formed a new organization, the operation and benefits of whic were confined exclusively to per- tons engaged in the wholesale trade, in other words, the wholesalers had flocked by themselyes. yIu view of the fact that the Anti-Saloon League is perfecting and extending its organization throughout the State nktu deemed expedient, continued the speaker, that a permanent protective nssocmnol:io( the retail dealers be formed. J. L. Rado- vich of Radovich Bros..was elected chair- man and a temporary secretary was :v- ointed, A comprehensive system of by- aws was adopted and ihe following permanent officers were elected: Presi- dent, J. B. Garland; vice-president, E. A. Fischer: treasurer, 0. Bozio; trllsl?’esx—: Charles A. Zinkand, Henry Peard, J. o Radovich, 0. Bozio, lE dA Fischer, Josep! M. Parker, J. B. Garland. % Itis proposed to thoroughly orgnl‘lllzg the retail liquor-dealers throughout Uali- fornia with the object of working in con- junction with the wholesalers’ association in protecting the interests of the trafficin mnft, vinous and spirituous liquors. THE PISTOL WAS LOADED. Case of Folly Whereln & Young Boy Was Shot. Frank Rebbler, 26 years of age, ne_arly killed his half-brother, Calalino Devricco, 16 years ot agé, with a small pistol at 416 Pacific street yesterday afternoon. They were playing with the weapon when it was discharged and the small bullet made a slight scalp wound on Devricco’s head. Both were old enough to have known better. - Devricco was in bed nursing an injured leg when his balf-brother entered the room to show him his new revolver, one of the cheap 22-caliber order. As he ap- proached the owner of the weapon ex- claimed “Now prepare to die,” and his remark was followed by an explosion and acry of pain from the injured lad. The elder brother ran away in fear and Dr. Caglieri was called. He found that the only damage to Devricco's head was a scalp wound above and back of the left ear. Another NO LONGER T0 COMMAND Captain George Chauncey Board- man Has Resigned From the Signal Corps. Retires Because Pressure of Business Will Not Permit Him to D:vote Time to the Organization. George Chauncéy Boardman, captain of | the Signal Corps, Second Brigade, N. G. C., at a meeting of the corps held on Thurs- Capt. George Chauncey Boardman day night, astonished the members of his command by announcing that he had ten- dered his resignation and that it bad been torwarded to Brigadier-General Warfield. Captain Boardman, who is general agent of one of the large insurance companies of this City, expressed his deep regret to be forced to take the step he had, but stated that the nature of his business was such that it was impossible for him to devole to the corps the time required, and rather than neglect his auties as & guardsman he had concluded to retire and allow some one who had the time to assume the com- mand of the corps. The announcement was a complete sur- prise to the signal men and it was inti- mated that the fact of Lbe captain having been married last™ October might possibly have something to do with the resignation; but that intimation was silenced when it was announnced that Mrs. Boardman was opposed to his retirement from the service. Captain Boardman has been connected with the National Guard since 1885. He was private of the Cadet Company, Second Artillery, January 29, 1885; corporal of the same company March 1, 1886, and ser- geantof the company November 1, 1886. He was bonorably discharged October 20, 1887, On the following day he enlisted as a private in the Signal Corps of the First Infantry, gnd on the 1st of April was transfsrred to the Brigade Signal Corps. May 21, 1889, he was elccted sergeant of the corps, and on the 3d of August he be- came first heutenant of the Signal Corps of the Second Brigade. On theretirement of Captain A. A. Hanks he took command. Since the organization of the Signal Corps he has been an enthusiast in the work, and ever since he has been in com- mand he worked hard and faithfally to bring it up to its present efficiency. So high a reputation has this company at this time that.among National guardsmen it is known as the “‘crackerjick company.” There is not a member of the corps but feels sorry to part with the captain, who has won their esteem and highest respect. —————— Dr. O’Donnell Heads a Boxing Club. The Pacific Athletic Club has been organized by Dr. C. C. O’Donnell, Willlam O. Mills, Gil- bert W. Pringle, F. E. Hills, J. W. Van Lau- rence, George W. O'Donnei, “C. J. Church. The nbelecl of the association is to encourage such physical exercises as boxing, wrestling, fencing, football and other sports of a similar character. The capitakstock is $2000. A W, FOSTER HAS WON HIS FIGHT - Sidney V. Smith Not a Di- rector of the S. F. and N. P. Railway. Outcome of the Hot Fight Made for the Control of the Company. Decision of the Supreme Court Over- turning the Findings of Judge Angelotti. President A. W. Foster of the San Fran- cisco and North Pacific Railway Company has won his fight in the Supreme Court in the case of Smith and others against the company. The court handed down a de- cision of great length yesterday, reversing the order by Judge Angelotti of Marin County denying. a new trial. The whole history of the contention made by Sidney V. Smith and others was gone into. The court found that the “stock held in.the names of Sidney V. Smith, A. W. Foster and Andrew Markham had. been pooled for five years; that the stock-pooling agreement was not unlawful; that the agreement between the three gentl-men was susceptible of being used as a proxy, and that a majority of the three parties to the agreement could vote all thestock. The decision was not based upon tech- nicalities in any respect. “The Superior Court erred,” so the decision reads, ‘“‘in finding that Gundecker and Wagner were bona-fide stockholders in the defendant company, and also in refu-ing to receive in evidence the instrument of March 22 and the evidence offered by the defendant in connection therewith for the purpose of sustaining the averments of tbelr answer.”” The suit grew out of a struggle for the control of the road. An election for di- rectors was held at the annual meeting of the stockholders, February 25, 1896, at which the question of control was put to a practical test. At that meeting the votes offered by Sidney V. Smith, Peier Gun- decker and G. E. Wasner were rejected. A. W. Foster and Andrew Markham voted the 42,900 shares, which had been a part of the estate of James M. Donahue. The re- sult was that when the votes were counted Sidney V. Smith was not one of the de- clared directors-elect. Those who were declared elected were: Antoine Borel, A, W. Foster, Andrew Markham, P. N. Lilien- thal, George A. Newhall, James B. Stetson and John L. Howard. The votes of Peter Gundecker and G. E. Wagner were rejected, as well as Sidney V. Smith’s. The reasons assigned were that Gundecker aud Wagner were not ‘bona-fide = stockholders, and that Smith, by virtue ol his agreement with Foster and Markham, had pooled the stocks held in their names on the books for a period of five years, to be voted as a unit during that period, and that it was cast by Foster and Markham ‘in pursu- ance of that agreement. If the votes thus cast had be ‘n received Smith would have been elected a director instead of Lilien- thal. > . Judge Angelotti found, in the suit which was brought subsequent to the election of directors, to have Smith de- clared a director instead of Lilierthal, ‘that both Gundecker and Wazner were bona-fide stockholders and that their votes should have been received; also that the agreement to which Smith was a party with Foster and Markham did not préclude Smith voting the stock standing in hisname as he might cioose. Judg- ment was therefore rendered by Judge Angelotti that Lilienthal bad not been chosen as a director and was not entitled to exercise the office; also that Smith had been chosen and was entitled to be recog- nized as a director. ° A motion for a new trial was made, which was denied by Judge Angelotti. The status of the Smith, Wagner and Gundecker stock was discussed fully by the Supreme Court yesterday. ‘‘We are very clear,” so reads the opinion, “that one in whose name stock has been regis. -tered upon the books of the corporation, but who has never had any interest in the stock and is only a dummy for the real owner, and when the objct of such regis- Ttration was for the admitted purpose of enabling the real owner to avoid certain statutory liabilities, whether said purpose would be effectual or not, is not a bona- ‘fide stockholder and should not be allowed to vote at an election.’”’ Concerning the Smith stock the court found, in addition to the fact thatu the agreement'must be held asa proxy, that the agreement could not be considered illegal by reason of being in restrait of trade, nor iliegal or against public policy to separate the voting power of the stock from its ownership. Underlying the contest over the election of directors was the question of consolida- tion with the North Pacific Coast. To this the Foster party was opposed. Criminals Sentenced by Judge Wallace, Judge Wallace passed sentences on a lot of criminals yesterday morning. The penalties imposed were as1ollows: Willtam H. Brittan, convicted of mansiaughter, to serve ten_years in the State prison-at San Quentin; Charles Harris, alias Clarence Traverse, burglary, ten -years in San Quentin; Charles Urbhause, grand larceny, ten years in San Quentin. Johu Rooney, charged with assault with a deadly weapon, pleaded guilty to assault and was sentenced to the County Jail for one month. ————— Mrs. Worthington in San Quentin. After numerous delays and stays of execn. tion, Mrs, Worthingtoxi, the siayer of Baddeley, was sent to the State prison at San Quentin yesterday for the purpose of Serving out the Temainder of her sentence. NEW TO-DAY. THE VIGOR OF YOUTH. 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The thousands of men who fea their bést, can be made to feel as good as now recognize the worth of Dr, Sanden’s Electric Belt as a tonic for weak nerves, and it enjovs a wonderful sale, free. Read “'.l‘hre_a Classes of Men,” Dr. Sanden’s book. It will be sent closely sealed, SANDEN ELECTRIC CO., 632 MARKET ST., OPPOSITE PALACE HOTEL, SAN FRANCISCO. Office hours—S A. M. to way; Portland, Or.. 253 W NOTE.~—Make no mistaki ington i the num 30 P. M. ; Sundays, 10 to 1. Los Angeles Office 204 street; Denver, Colo., 933 Six: » Ry 933 Sixteenth street, South Broads 2 Market streeh,