The San Francisco Call. Newspaper, January 22, 1897, Page 5

- THE SAN FRANCISCO CALL, FRIDAY, JANUARY 22, 1897. OREGON NOW HAS TWO ASSEMBLIES One Permanently Organizad and the Other Only Temporarily. Neither Will Be Recognized by the Senate, the Governor or Secretary of State. An Interesting Political Complication Creating a Great Diversity of Opinion. SALEM, Og., Jan. —The House met to-day at 9:30 o’clock with the same result as yesterday. Before adjournment was taken, bowever, notice was given that an attempt would be made to organize with those present, although not two-thirds as The the const ion seems to demand. conatitu »f Oregon reads: Two-thirds of each House shall constitute & quorum to do business, but & smalter number 1 from day to day and ance of absent members. may meet and compel the atten Senator Mitchell telegraphed to George F. Hoar: ize permanently, a ma- t, and can such House a lawfully do other legis- , provided two-thirds of such Har replied: Ithink two-thirds of the number actually ke & good constitutional quorum. nly t five qualify they may organize 1 lawfully do business. The same question ple was settled in the National Senate in the time of the Rebellion. and House wet again at 2p. M. and a all showed thirty-three present. The room was packed with an excited crowd, as it was generally known that an attempt to organize with a majority, instead of by two-thirds of the membership, would be made! When temporary Chairman Davis called the House to order Brown of- Morrow moved that they proceed to form s tem- porary organization by calling Smith of Marion to the chair. Bepresentative Riddle rose and pro- d against the attempt to organize in this way, and read an opinion from Hon. George H. Williams of Portland, saying that any attempt to crganize without two- thirds of the members-elect would be in airect violation of the constitution. When Smith took the chair Thomas read the report of the committee on cre- dentials. Then Chief Justice Moore was sent for and swore in thirty-one members of the sixty who were present. This done, Benson of Josephine was proposed for per- manent Speaker,and having received 28 votes was declared duly elected. On taking the chair by the side of Davis the House proceeded to elect officers, and when sworn the House aajourned until 10 o'clock to-morrow. Thus Oregon ac present has two houses, one organized temporarily and no doubt legally, and the other permanently and possibly illegally. Whether the proceed- ings to-day will stand the test of law is a matter on which there is & great diversity of opinion. 1tis cuntended that it will neither be recognized by the Senate, the Gevernor or Becr-tary of State. If that be so, all the work of to-day will be of no effect. The retirement of Riddle from the House and the declination of another member all along for Mitchell, shows if these men are sincere that the Senator short of election, even a o-day shoula prove to be constitutiona! and permanent. To-morrow morning’s session will prob- ably reveal some new developments. ol THREE BALLOTS AT OLYMPIA. But No Benator Is Chosen and the Situa- tion I Unchanged. OLYMPIA, Wasn., Jan. 2L.—Three bal- lots were tak joint session to-day, but there wa election of Senator. The situation has changed but little, though the Turner men are 1 confident of ulti- mate success. ( developing more strength. He 1s personally responsible for the statement that a Senator will be chosen on Saturday. Who he will be he sed to say. sixth vote of the session and the y resulted: Turner 24, Denny re 4, Cline 16, Daniels 14, Winsor 19. urier men were anxious for con- balioting to-day, but afier three the others secured an . adjourn- The Turner men have issued a call a caucus, to Le signed by fifty-seven persons, forty-three to control the caucus, #nd are confident they have this many It is sald to-night that a number of Populists want to go to Turner, but dare not go in & bunch, and from now on a few will go to him each aay. Iiisaiso said t Senator Wilson 1s bringing all forces possible to bear to prevent the election of Turner, as it will kill him for two years from now. The Povulists are still insisting hard that only a middle-of-the-road man should be elected, but there are enough Populists who will stand by Turner fo preveat that. The House to-day turned Governor Rogers down. In his message be called aitention to irregularities in penitentiary affairs a. Walla Wails and asked for an investication. Yesierday he sent a bill t0 the House to cive him power to appoint a committee to investigate. The House ob- jected, saying the investigating enmmittee shauld come irom the Legislature, and de- feated the bill by a good majority. This is the first time anything from the Gov- ernor has come before them, aud their re- fusal to stand by him is an indication of their temperament. DELAY IN DUZOIS' BAFVOR. Will Be Eleoted, Unless the Populdsts Soon Unite, BOISE, IpAmo, Jan. 21.—Two ballots were to-day taken in the Btate Legislature tor United States Senator. On the first Ballentyne receivag 28 votes, Dubois 26, 7. ¥. Nelson (Pop.) 13, scattering 3; sec- ond ballot—Ballentyne 26, Dubois 26, Nel- son 16. The Democrats submitted three names to the Populists—Nelson, Lewis and Wal- ton—but the Popuiists refused to combine with the Democrats on either, and put themselves in the position of refusing to elect 2 man (Walton) for whom on three ballots they cast aimost their entire vote. Clagget is undoubtedly the overwhelming choice of the Populists, and 1t is pretty certain that Clagget in reality controls their caucus. It is asserted that he bas ten men on a written pledge not to per- mit the election of any other Populist. There is a feeling abroad to-night that if the Poyulists do not soon put up a man, by the aid of the Democrats, Dubois will be alected. It is_thought that the main ;;"Po“ of the Democrats outside of the gislature in working for Dubois is to produce a situation that can only be solved by the election of a Democrat by the aid of the silver Republicans, but there is little chance of the silver Repub- licans being stampeded to a Democrat at present. R RS Utah’s Senatorial Contest Continues. SALT LAKE, Uran; Jan. 21.—One bal- lot was taken to-day for Senator without result. The vote stood Thatcher 21, Hen- derson 19, Rawlins 14. The Republicans and Populists scattered their votes among several other nominee: B Feen Bicyele Firms Fail. SAN DIEGO, Can, Jan. 21.—Hannahs & Cobb, one of the oldest and largest bicycle firms of this city, have failed. Liabilities, $4287; assets, $2150. i Ehi GAGE FOR THE TREASURY. Cullom Yet a Cabinet Possibility—Bur- rows Smiles for Alger—Peace Meet- ing in the Shenandoah. CANTON, Omo, Jan. 2L—Lyman J. Gage of Chicago, who was first mentioned in these dispatches as a Cabinet possi- bility, is being seriously considered with reference to’ his ability for the appoint- ment of Becretary of the Treasury. Mr. Gage is a well-known banker, but is op- posed by some of the active Repuablicans of Llinois on the ground that heis a mug- wump. Judge Grosscup had some conversation on the subject of Mr. Gage ang the treasury portfolio to-day. It was deemed certain that 8. M. Cullom will not be Secretary of the Treasury. He was not a candidate for this or any other Cabinet office, but was considered from time to time as a possi- bility and may be offered the Department of the Interior. Senator Burrows of Michigan had an- other interview with President-elect Mc- Kinley to-day with reference to R. A. Alger for Secretary of War, and left for Wash- ington apparently satisfied with his inter- view. Senator Burrows repeated hi sertion that there were no longer any dif- ferences between Senator Sherman and General Aleer. A delegation of Confederate soldiers from the Valley of Virginia—John Roller, Colonel R. P. Rogers, J. P. Funkhauser and G. W. Rickman—cailed on Major Mc- Kinley and invited him to attend a grand peace-meetin ;: in the Shenandoah Valley next sutumn. It was proposed to have the Union and Confederate veterans to meet on Southern soil on that occasion. Major McKinley will probably deliver an address. The Territorial delegate, N. 0. Murphy of Arizona, discussed the politics of the Territory with Major McKinley to-day. He said M. H. McCord, Bert Dunlap and Doctors Evans and Goodrich are the | prominent candidates for appointment of | 1t is thought | Governor of the Territory. that C. F. Ainsworth has the best chance of being appointed Chief Justice of the Territory. —— No Election in South Dalota. PIERRE, 8. DAk., Jan. 21.—The Legis- lature again met in jeint session at noon to-day and failed to elect a United States Senator. There was but little change, and the anticipated break has failed to come as yet. Three Democrats, who have been held in reserve, went to Kyle, but his vote stood the same as yesterday, he having lost one vote each to Loucks and Goodykuutz and one of his men was absent. The vote was: Pickler 53, Kyle 33, Loucks 15, Plowman 12, oodykoontz 7, scattering 3. But one baliot was taken. ————— FIFLD TRIALS 31 BAKERSFIELD. Prize- Winning Canines at a Highly Swccessful Conte: BAKERSFIELD, Car, Jan. 21.—The field trials terminated to-day and the win- ners stand as follows: Derby—Captain Jones' Donna Alicia firs J. E. Lucas’ Wicklow second and A. Sehi macher’s Valenite third. All ages—R. E. Gordon’s Peach Mark first, C. N. Post’s Merry Monarch second and J. E: Deruyter's Countess K third. All of these six dogs are pronounced by the experts present as A No.l “They had to be good to win, for they were pitted against as good dogs as ever wore hair,” said an experienced canine-breeder. It is considered by all who attended and participated in the sports that the trials were as successful as any ever held in the history of the club, Several of the sports- men expsct to remain over for a few days and go bird bunting. The birds are very plenuful to-day. Some of them will also participate in the two days’ tournament by the Kern County Gun Club, which be- gins to-morrow. 1Itis planned for an ex- tensive affair. Coursing Entries at Bacramento. SACRAMENTO, CAL, Jan. 21.—The following is list of dogs entered for Sun- day’s meet at the coursing park this city: Devine & Powers' Straight Tip vs T. Kennedy's Little Delight, J. Corcoran’s Pride of Arizona vs. H. Rumble’s Pennie, Schulz & Rought's Handspring vs. J. H. Duffie’s Combi. nation, Netnercott Bros.’ Korest Queen vs. Sueehan & O'Brien’s Grady, Schulz & Rought's Ben.Brush vs. J. Mangan’s Pansy, J. M. Hast- ings' Isenomy vs. L Williams’ Airship, Ed Walsh's Paderewski vs. C. Galliher's Duke do, Sheehan Bros.’ Governor Markham vs. Nethercott Bros.” Moonlight, Wickwire’s Geraldine vs. T. Barrett's Eclin The prizes are $40, $20 and $10. Canavan; slipper, Wiiliam O'Neil. il FRacing at New Orleans. NEW ORLEANS,LA., Jan 21.—One mile,Booze Elano second, Robert Latta third. Time, Judge, EQ won Seven furlongs, Jack Hayes won, Parmesan second, John Adler third. Time, 1:33}4. Stx furlongs, Mesotto won, Miss Rowett sec ond, Texa third. Time, 1:28%. One mile, Kruna won, Vi-count second, imp. Paladin third. Time, 1:46%% Seven furiongs, Mrs. Bradshaw won, Baal- gad second. Judge Bullock third. Time, 1:33, One mile, Judge Steadmun won, Little Billy second, Paskola third. Time, 1:4734 et Stwart Prosproting in Idaho BYLVANITE, Ipamo, Jan. 21.—Owing | to the fact that the State line question between Montana and Idaho is not set- tied and that this town is in disputed territory, Dan Stuart, manager of the Fitzsimmons-Corbett fight, is in corre- spondence with the citizens to ascertain if the fight could be pulled off here with- out interference. LUs ANGELES LADY FREED. Death Steps in and saves Her the Trouble of Divoree. PLAINFIELD, N. J., Jan. 21.—A higher decree than that of any court has freed Mrs. Jennie V. Wells of matrimonial bonds. She and her husband, Robert C. Wells, formerly lived in this city. Both were wealthy. Three years ago her hus- band leit her and six months ago she be- gan a suit for divorce on the cround of desertion. Three week% ago Mrs. Wells was notified at Los Angeles, Cal., where she was spending the winter, that the commissioner was ready 1o take evidence in the case. She siarted East immediately. When she was on her way across the continent news ca that a man had been blown from a train near Atlantic City and man- gled so badly as to be almost unrecogniz- able. Some things about the person, however, led to the belief that it was Wells, and so it proved. Application will now be mhde to have the case dismissed. putiartle st Henvp Fire in Boston. BOSTON, Mass., Jan. 2L.—The building occupied by Charles Moody & Co., whole- sale grocers, was badly damaged by fire this morning. The stock was practically ruined. Loss estimated at $75,000. | | CLASS ELECTIONS AT STANFORD Charles Fickert Chosen to Preside Over -the Juniors. He Is Captain of the University’s Victorious Football Team. Results of the Elections of the Senior and Sophomore C asses—Musical Entertainment. STANFORD UNIVERSITY, Cav, Jan. 21.—Charles M. Fickert, one ot the most promising and popular students of Stan- ford University, was yesterday elected president of the junior class. By electing himto this office, his fellow-classmen be- stowed upon him the highest honer in the gift of a class, as the presidency dur- ing the second semester of the junior year 18 regardea as the most important during the four-year course. As president he will lead the festivities at the junior ball. Fickert is a native Californian. He hails from Bakersfield. He bas takena prominent part in track athletics, but is Charles M. Fickert, Elected Presi- dent of Stanfurd’s Junior Class. best known as this vear’s captain of 8tan- ford’s victorious football team. Fickert’s events in field sports are the shot-put and hammer-throw, his record for the 16- pound shot-put being thirty-nine feet, and for the hammer-throw 125 feet. As a student, conscientious work has marked his course throughout his univer sity career. His major subject is history, but he combines with that courses in law and economics. He is a member of the Philolexian Literary Society, one of the leading debating clubs on the campus, of which he has been president. The junior and sophomore classes met this afternoon to elect their officers for the year. The closest contest took place in the sophomore class, in which Charles E. Schwartz and William P. McIntosh vied with each other for the class presidency. The friends of the two candidates had made a careful canvass of the class, and a large percentage turned out to vote. Wuen the baliots were counted it was found that Schwartz led by a vote of 63 to his opponent’s 53. Schwartz is a native of Elkville, Ill., and came to the coast to enter Stanford Uni versity. His major subject is Germa with minors in law and economics. Du ing his course at Stanford he has taken a prominent part in class aftairs, and has served on several student body committees. At present he is a member of 1ts execu- tive committee and chairman of the Inter- society Debating League. It is due largely to his efforts that so large a number of candidates were brought out for the de- bates this year. The following officers were chosen in the sophomore class: President, Chbarles Schwariz; first vice-president, Chris Brad- ley; second vice-president, O. W. Tozer; secretary, Miss Tucker; treasurer, O. C. Leiter; sergeant-at-arms, T. Berry; historian, Chris Bradley; track manager, E. W. Smith; basebail manager, F. T. Gregory. The senior election passed off quietly, and the following members were elected: President, Charles M. Fickert; vice-presi- dent, Charles Mannon; secretary, Ralph B. Hubbard; treasurer, Clarence N. RPg- gins: historian, Miss B. M. Burckhalter; track manager, P. H. Walker; sergeant- at-arms, C. H. Horst; baseball manager, A. 8. Jeffs. A select audience attended the concert given in the chapel this evening under the auspices of the Choral Society. This society has for its membership about 100 ot those musically inclined, drawing for its membership largely from the students, but also from the faculty and their friends. The numbers on the programme were all enjoyed and received merited applause. H. B. Pasmore of San Francisco is instructor of the club. musis JOEN F. DE LACY’S WILL. Judge Coffey Will Consider a Motion for the Revocation of the Tustrument. An important point in probate practice was yesterday brought to the attention of Judge Coffey by u brief filed by Attorney H. E. Highton in the estate of John F. de Lacy, deceased. / The contention arises over the applica- tion of certain heirs at law of the decedent for a revocation of the will whereby 1t is provided that many relatives are exciuded from any considerable share of the estate, which is said to be worth between $30,000 and $40,000. At the time the will was admitted to probate satisfactory proof was adduced as to the genuineness of the sig. natures ot the testator and the witnesses. Mr. Highton favors the revocation of the order admitting the will to probate. Among other things he says: De Lacy was a resident of San Francisco at the time of his death, August 9, 1896, on board the British steamer Gaelic, on' the high seas. t of Japan, of which steamer he ard. The instrument admitted to probate is clsimed 10 have been executed and declared, in the presence of two witnesses, both of whom are alleged in the petition for probate to be residents of San Francisco. There isno attestation clause at the end ot the will, and its admission to probate rested l sound mind; that his signature ana the sig- natures of the sitesiing witnesses were genuine, and that the witnesses at the time of the hearing were beyond the jurisdiction of the court. On this proof it is claimed that under the law the wfl?wn duly executed and declared with every formality prescribed by the statute. Mr. Highton here sets forth the requi- sites established by the code to the due execution of a will, namely, the signing by the muker of the will or by some authorized by him; that it be signed in the pre-ence of the witnesses or acknowl- edged before them; that at the time of tne subscription or acknowledgment the testator must declare to the attesting wit- nesses that the instrument is his will, and that the two attesting witnesses must sign their names at the end of the will at the testaior’s request and in his presence. Mr. Highton continues: Now, on this state of the law and by the ap- plication of the doctrine of presumption, it is insisted that the bare signatures o1 the fes- tator and the witnesses, and evidence of -com- petency in the testator, prove evers fact necessary in the absence of contradictory tes- timony to establish the will was duly executed and duly declared and witnessed. On principle and apart from suthority, and balancing the possible argument pro and con, it would seem to be most dangerous to uphold this contention, which surely conflicts with the ordinary rule, where statutory require- ments have to be observed, and especialy in view of tne fact that a will is not helped by the common law, but depends for its validity upon substantial compliance with the statute. After quoting the provisions of the code and certain decistons and other authori- ties, including the requirement for the 1aking of depositions o1 absent witnesses, Mr. Highton contends that the deposi- tions of these witnesses have not been but may be taken; that neither of them is shown to be dead or insane; it 1s not im- possible to obtain their testimony and 1hey have not removed beyond the juris- diction. The brief says: The generalizations are qualified and per- haps completed by other geieralizations from the books, and it would be as unsafe to rely conclusively on the quotaiions here presented 8s it would be to reiy on the dictum of Justice Field, in Htself entiiled to great respect, in a case where, if 1 understand 1it, both witnesses were dead. Mr. Highton quotes from the decision of the California Supreme Court in the estate of Cartery (56 Cal., 472), where it is set forth that the right to make testa- mentary disposition of property is not an inherent right, but rests wholly on the legislative will. In conferring that right the Legislature nas seen fit to prescribe certain exactions and requirements look- ing to the execution and authentication of the instrument, and a compliance with these becomes necessary to its exercise. In view of these matters, Mr. Highton concludes as foliows: 1 respectfully submit that every concelv- able and available kind of evidence should be exhausted before so flimsy a substitute for ordinery proof should be accepted. Amd on the citations presented, and on the facts of this record, it may be clalmed, I think, that reason and suthority concur in support of the motion. Judge Coffey nas promised the attor- neys 1o take up the matter at an early day. He suggested thatif the subscribing witnesses are reaily in this City, it may be deemed better for the proponent of the will to secure their attendance in court. By that meihod the question of the sign- ing an dpublication of the will may be in- quired into in a manner satisfaciory alike to the court and ail others concerned. SHOT HIMSELF N A PARK Robert Harris Eads. His Life A ter Losing Mcney on the Races. Discovered by Two Bicycle Riders and Removed to the Hospital to Die. Though but 21 years of age young Robert Harris, finding that fortune cast him aside at the race course, ended his life last night at 11:30 o’clock by shooting himself through the head. He sought a public place. Jefferson square, Gouch strest and Goiden Gate avenue, and walking out onto a grass plat drew the weapon and fired. Two young men who were passing the square on atandem heard the shot, and, surmising that a life had been ended, notified Officer Rooker. The two returned to the park and after a short search found the young man lying face down on the grass. They turned him over and found the brains oozing through a hole in his forehead. The ambulance was summoned and the dying man was removed to the Receiving Hospital. He died but a few moments after reach- ing the hospital and his body was removed to the Morgue. Young Harris resided with his aunt, Mrs. McQuarrie, at 324 O'Farrell street. He was going to school in this City and was supplied with money by his mother, who lives on a farm above Chico. Mrs. McQuarrie said last evening that ber nephew left her house with some friends to go to the races last Monday evening and had not been home since. Hetook all his money and j-welry with him. Hisauntis of the opinion that he lost his money on the races, and feariul that his mother would discover his loss and rebuke him, became despondent and ended his hfe. LARGE STREET WORK. Contracts for Polk-Street Grading—The Boulevarding of Van Ness Avenue Consldered. The Street Commitiee of the Board of Supervisors had a lively session yester- day. The first matter broucht up was the petition of the Polk-street Improve- ment Ciub for the illumination of the blocks between Broadway and Lewis street, in the order declaring Van Ness avenue a boulevard. This was favored by James Denman; Chairman Devany and Supervisor Sheehan opposed it. Super- visor Sheehan said thata wealthy prop- erty-owner had agreed to do the necessary grading to connect Van Ness avenue with Black Point, and that Mayor Phelan was interested in the boulevard system which the board is pledged to carry out. On motion of Supervisor Sheehan the peti- tion was denied. u It was decided to recommend that a contract be awarded to Warren & Malle; to grade Polk street, between Grnnwlcg and Lombard, the contract price being 33 cents per cubic yard. It was also decided to recommend to award to J. W. McDon- ald the contract for the paving of Bran- nan street, between Ninth and Tenth. The petitian for the bituminizing of Lom- bard street, from Van Ness avenue to the sidio, went over for one week, prop- erty-owners appearing to favor macadam instead of bitumen. Herbert l.aw of the Van Ness Avenue Improvement Club said that he would be satistied with macadam. Mrs. Minna Foest, who lives on the cor- ner of Railroad avenue south and Eight- eenth street, appeared to ask that John Kelso might be prevented from bias near her home. She said that ste hac been so frightened by bowlders thrown through the side of her house and through her barn and showers of lesser stones fall- ing in her yard and killing her chickens that she had lost her health and had heart disease. She grew much excited before the committee. Mr. Kelso fold about the blasting. The committee decided to recommend that he should get new bondsmen and that he should gly Mrs. Foest's expenses at a hotel until work was finished, and that he should also repair all damages done to her property. This Mr. Kelso agreed to do. TO OUKE A COLD 1IN ONE DAY. gake laxative Bromo Quinine Tablets. All drug cure, 49¢ solely on ihe proof that the testaior was of | gisis refund the money if it fails to BELOWIN RAFTERS RING ONCE AGAIN Another Evening With Madams Nordica and Her Troupe. Preliminary . Numbers More Warmly Received Than Scenes From Opera. The Last Act From “Il Trovatore” Well and V ry Effectively Rendered The second Nordica-Scalchi concert took place at the Baldwin Theater last night and brought together an even larger au- dience than that of the opening concert. As before, every seat was occupied, but there was a iarger number of people standing who were unable to procure seats. There was almost as much toilette display as on Monday and the big theater hat was delightifully conspicuous by its absence. A rather singular feature of these con- certs is that the audience manifests in- finitely more satisfaction and delight over the miscellaneous portion of the pro- gramme than over the operatic act which brings them to aclose. This is the more remarkable as both Nordica and Scalchi are remarkable for their skill as actresses. The miscellaneous part of the pro- gramme last night opened with the over- ture by Cherubini, **The Water Carriers,” which was agreeably played by the orches- tra conducted by Isadore Lucksione, All through the concert Mr. Luckstone did unostentatious but very efficient service by bis sympathetic accompaniment. J. C. Dempsey, the baritone basso of the orzanization, was the first vocalist to ap- pear und was very warmly greeted. He sang Handel’s *‘Honor ana Arms,” which abounds with that florid vocaliza- tion with which Handel delighted to tax | the abilities of a singer. Mr. Dempsey was equal to the occasion, however, for he performed ali the runs and turns with a smoothness and ease which did eredit to his act. There was a lack of the breadth and majesty of true oratorio style about his interpretation of “Honor " but it is only a carping public that demands everything, and the public last night was so pleased with Dempsey’s finished vocali- zation that it gave him quite an ovation and would not be satisfied till he had sung The singer gave a quaint Irish ditty, “Off to Philadelphia,” and sang it in the daintiest possible way. Mme. Scalchi, who was rnpturonsl¥ re- ceived, sanw the recitation and aria from Gluck’s “Orpheo,” in which Orpheus laments over his lost wife. Her interpretation of the beautiful reci- tation, “Sposal Euradice!” was a mag- nificent piece of dramatic singing, ana her rendering of the aria, “Che Faro Senza Euradice,”” was a treat to lovers of this lovely air which age and constant use never seem to stale. Here and there Scalchi’s notes sounded worn in the *‘che faro,” but this effect was only momentary and was more than atoned for by her ar- tistic interpretation and by her rich low notes. Of course the audience would not let her go without an encore, and after she bad sung Gounod’s “Mandolinata” charm- ingly, still another encore was demanded and she gave “Annie Laurie” with a repe- tition of Monday night's success. Barron Berthold, the tenor, has evi- dently not studied tho:e “nods ana beeks and wreathed smiles” and other littl mannerisms wherewith lyric artists so frequently seek to enhance their popular- ity with the public; in fact, his platform manner is almost brusque. He dashed on the stage in a way that caused a politely subdued little titter last night, and when his aria from Verdi’s “I Lombardy’ brought him a Jdecided en- core he seemed surprised and a little aggrieved, though he responded gracefully enough with Clay’s *I'll Sing Thee Songs of Araby.” It is a pity to see 8o much fine material as lies in Mr. Berthold's voice going to waste, s0 to speak, for want of a nmore intelligent way of using it. The voice is there, and a good ceal of dramatic in- stinct are there also, but Berthold’s throaty way of producing his tones mars what would otherwise be good work. One can pardon even throatiness, but for a tenor to indulge in unmixed falsetto, even though it be but one note, it unpardon able in a lyric artist of Berthold’s fame and that is what he did at.the end of *I’ll Sing Thee Songs of Araby.’” Nordica received a greatovation on her appesrance. All through the performance the numbers she sang were beiter calcu- lated to win her applause than those she gave on Monday—the dramatic gualities of her voice were more in evidence and the thinness of her upper tones was not so apparent. Nordica deserved every hand- clap and_every “‘brava!” she received for her rendering of “Dich Theure Halle,” from “Tannhauser.’’ She was magnificiently dramatic in ner interpretation, and her voice rang out rich and ciear, and without the_straining and effort that marked the Hungarian aria she gave on Monday. Of course, an encore was demanded, and Nordica sang Foerster ch Liebe Dich” in a broad and spirited style. The audi- ence was not satisfied then, however, so she obligingly renpfaeared and sang ‘‘Robin Adair” as effectively as Scalchi had sang “Annie Laurie.”” The last act of *'Il Trovatore’’ closed the performance. As Leonora, Nordica was much more in her element, vocally speak- ing, than she was on Monday as Mar- guerite. The miserere scene was most dramatically sung and acted, and yet, strange to say, the audience took it all coldly. Dempsey as the Count di Luna was not in Bh element; he was rot dra- matic enough, and showed absolutely no ability for singing recitative. In the prison scene Scalchi and Bertnold were clamorously encored for the duet, ©Aj Nostri Monti,”’ though truth to sdy 1t was Scalchi’s dramatic singing that won the encores. The next concert will be to-morrow afternoon, and the farewell concert will take place on Sunday night. GERM THEORY OF DISEASE. The Cause and the Cure for Almost Any F¥orm of Ailment. The medical world now pretty generally accepts the ‘‘germ theory of disease” as discovered by M. Pasteur and many other eminent savants whose distinguished ser- vices to science have been of incalculable value to humanity. B8ince, therefore, the cause of all disease, according to the scientists of late years, is due to microbes, a remedy for the destruction of such germs 18 the more direct way to deal with the greater number of all ailments. Radam’s Microve Killer in reality is nothing more than pure water heavily charged with gases destructive to all dis- ease .germs and is perfectly harmless to numanity. It is considered among the most wonderfal curatives for almost any form of disease. Colorado Postmaster Arvested. DENVER, Coro., Jan. 21.—Postmaster Evans of Fort Lozan, Colo., was arrested m Naturally enough such things will accumulate in a store, but the success of our Great Money-Raising Sale during the past few weeks has piled them up on us beyond all belief. at the eve of stock-tsking, and in order torid ourselves of as many as possible of the Remnants, Short Lengths and Odds and Ends that abound on all sides have marked them down to extremely low prices and will devote to-day to their sale. NEW TO-DAY—DRY GOOD< NEZE===000000{000000E=E=ZE= MONEYRAISING bALE THE LAST WEEK! == W hid i o W We are almost OF THE SALE T0-DAY. Remnants of 36-inch Percal Kemnants of 36-inck: Perca! 614 " i g i ! i ts of Heavy Flanvel tes, 414 10 Rem! Remnants Remnants of Glass Linens, 8% Remu.ants of Table Damasks ard leo Remnaots of Fancy Printed ¢ rgandics, 4% lem) s of Bleached Musiins, 334 to Remnants o Double-width Sheetings, Remnants of Japanese Tinsel Cr?“e‘ -y Remnauts of Fancy Cretonnes, 414 (0 434 v 5 Remnants of Kemuants of Tartar and Fancy Plaids, 1 t0 10 Remnants of s Chantiily and in u plece, marked at' the rase of. Remnants of Embroid eries, new pa < styles 1104y Remnaats of Plain Remnants of Fancy and Plalu Silk Veliings and Ends in Misses' White Kid Gloves, aud Ends in La:les' kmbroiiered Fan =2=3T=2300-0-000000-0000 2 Odds and Ends in Ladles’ Suort-sieeve Lis] W THE GREATEST BARGAINS eSS Remnants of Callcos, 10-yard lengths, marked at. Remnants of German Prints, 1034-yard lengths, marked ard lengths. marked at. s, 534-yaid lengths, marked at, Remnants of Striped Flaunelettes, 5 to 534 yard lengths, marked at. e vard lengths, marked a ts of Elderdowns, 434 to 6 yard len.ths. marked at B s of Fleecea Wrapper Flannels, 7 (0 77 vard lengths, ma of Fiue Wrapper F.annels, 85 10 10 vard lengths, marked at. of Fancy Glughnms, 65 to 734 yard iengths, marked at ths, markedat.......... -vard lengths, marked at Hemnants of Linen Crashes, 63-y ard lengths, marked at ? Table Linens, 234-yard lengths. marked a: 0dd Lots of Towels, 8 in a buiie, assorted kinds.. 5 7 Remnants of rancy Dotted Swisses, 414 t0 5 ynrd iengths marked ac. ... 10 735 vard lengihs, marked Remnants of Bed ‘{icking, 434 t0 5 yard léngths, marked at........ Femnants of Fancy White Goods, 45 to 534 yard leng Remnants 0f Canton ¥ annels, 514 t0 634 yard lengihs, marxed at.. Remnants of Fancy Curtain Scrims, 414 10534 vard lensths. marked at.15 Remnants of Checked Nainsooks, 410534 yard iengths, msrked at yard lengths. marked at ... 47 vard lengtns, marked..45c for the piece lengtis, marked at.... 2t ard lengths, marked at Remnants of Fancy Silkallnes, 44 to 58 yard lengths, maiked at oy ATt Denlms. 4¥g-yard lengths marked at..... Remnants of Snowflake Suitlngs, 210 6 vard lenxths, marked at, abo: 5 Remnants of Englist Mobalr Jixtures, 8 to 8 yard i€ngths. marked at about Remnants ot Melange and Mottied Sui.ings, 4 t0 10 yard lenths. marked at about.11c yd Remoants of Faucy Clouns, 3 to 10 yard lengtns, marked at aboat. . Rembuants of Fancy Bourste Sultings, 21410 10 3707 ya. Eemnants of Scotch Cheviots, 214 10 7 yard leagths, marked at about Remnants of Tallor Snitings. 214 0 7 yard lengths, marked at about . Remnants of Blacs Figured Mouairs, 3 to 8 yard lengths, marked at abou Rem nants of Black Brocuded Serges, 3 to 8 yard lengt bs, marked at about Remnants of B.ack Wool Serges, 2 10 7 yard lengths, marked at ahout Remnants of Imported Novelties, 8 t08 yard lengths, marked at abou Remnanis of Silks—Short ends of Figured, Striped and Plain Weav able cotor, lengihs of from 110 § yards.. S EAC Kemnants of Black aud Colored Velvets, every desirable kind ... Rewnanis of Black Brocades and Figured Black Sliks of all kinds, 11 lengths of from to Such desirubie kinds ‘as Valenclennes, Polnt de Par hers, ranging in width from inch s wide, containing s to 234 yards each, marked a . Remnants of Trimmiugs, co or-d aud biack, beaded and spangled and otner desirabie rds in a plece, marked from... d Fancy Kibbons, all colors and kinds. t. 3 dsand £nds in Foster's Suede Kid Gloves. sizes 53%, 6 and 614, at and Ends in Misses' Suede Kid Gloves, tans and blacks, all siz°s, 59 0Odds and Ends in Ladies' Long-sleeve Lisie Vests 898 (s and E.ds in Infants’ Long-sleeve Lisie Vests b ©dus and £nds in Ladies’ Long-sieeve Siik and Lisie Ve 0dds and Ends in Ladies' Jackets, black and colors. at Ih 0DD LOTS OF SUITS, SKIRTS, CORSETS, NOTIONS, TOTS, ATIONERY AND REMANT BARGAINS IN EVERY é,‘} DEPARTMENT IN THE HOUSE. i 69c for the plece 85c for the plece 49c for the piece 40c for the plece 16c for the piece 50c for the piece 49c for the jlece mi ¢ for the pieca 1 186 for tn hiecs c for the piece for the piece 14¢ 8 yard ¢ 8 yard <+ euvens ... 1908 yard ard lengths, marked at about lengths, marke1 at about 48cay in every desir At Less Than Cost At Very Low Prices Prices en'se, ide, Y5 0 8 yards Bc 10 750 for the plece insock, 1 to 12 c 1o 45¢ forthe plece .. Way Below the Regular Piece . 13 -01J tncae: 5¢ 10 buc for the plece alf Frice 10c'and 12 MARKET AND (A amfiwxzaefic Propes & e Mewxe » TAYLOR STS. LOUGHEAD WILL- RIDE. Champion Canadian Cycler to Appear at the Velodrome To-Morrow. Downing Has Er'ered the Competitive Events and Z egl:r May Ride an |Exhibition. Chief Consul Kerrigan and the others who have charge of the League of Amer- jcan Wheelmen’s benefit cycle meet, to be held at the Velodrome to-morrow after- noon, have been striving all the week to add to the already strong list of attra tions to be presented by securing others. As aresult Fred J. Loughead, the cham- pion of Canada, and who ranks fifth in the percentage table of all the racers of Amer- ica, one point ahead of Ziegler, has agreed to ride an exhibition mile; Hardy Down- ing, San Jose's favorite, will compete in the one-third mile scratch professional race, and the probabilities are that Otuto Ziegler Jr. himself will ride an exhibi- tion. ' C. 8. Wells, ob”’ Terrill, Trainer Dave Shefer and the others who bave been in Ban Jose the forepart of this week prepar- ing for the big meet to be held there to- day by the Garden City Cyclers, have been largely instrumental in securing these men to ride and they have dore good work, as Loughead, Downing ard Ziegler are star attractions. The former only ar- rived here last Saturday, but he has found the climate agrees with him, and after a few preliminary spins he was able to fol- low pace at such a rate that his traine Mr. Shafer, concluded that although not in the best of form, he would make a creditable showing, and he and Loughead willingly consented to the request to ride, as also did Hardy Downing. Ziegler is not quite so sure of his condition, and has been backward about appearing before a California audience, and particularly in San Francisco, until he was at his best. If he rides in_anything like his proper style ai the San Jose meet to-day he will surely be seen here to-morrow. These are splendid additions to what was already a long and attractive pro- ramme—the best ever presented here, it s said. The advance sale of seats has been phenomenaily large and a big crowd isexpected. The procecds all_go to the North Caliiornia = division, League of American Wheelmen. There will be two amateur events, in which the entries are so numerous that each has to be divided into six heats, and two professional events almost as equally well filled. Then there is the Velodrome shield race between C. E. Dow of Seattle and D. E. Whitman of Los Angeles, and as the winner of the shield this time has the prospect of holding it unmolested until February 22 the race can be relied upon to be hotly contested. These events would constitute a more than ordinarily fine programme, and with tke addition of Loughead, Downing and Ziegler there is lLittle to be wished for. The races are to start promptly at 2 o’clock, as the long programme will take some time, Reserved seats can be had after 12 o'clock to-day at Sherman & Clay’s and after 12 o'clock to-morrow at the track. The bicycle baggage bill has been re- ried” favorably upon by the Judiciary Bommitteo of the Legislature ana the chances for its passage are fayorable. to-day, charged with embezzlement from | The League of American Wheelmen is supporting the measure and Charles A. | Watch him, the Government. Adams and Percy V. Long are at Sacra- mento attending to its interests. . Miss Cottier Disappears. OAKLAND, CaL., Jan. 2L.—Miss Hattie Cottier, who has been ill for the past six weeks, disappeared suddenly at noon to- day while out walking with her nurse, and hgs not been located yet. She was seen in East Oakland to-night at 10 o'clock. Sue Is just recovering after an operation during which her life was des- paired of. Indianapolis has a refuge for sick, maimed, aged, homeless and lost dogs and cats. THE DOCTOR’S EXAMINATION! Do you have pains in your back contfn ually ? Yes, doctor. Do you feel a sense of soreness from pressure over the kidneys? Yes, doctor. During the daytime is the pain more se« vere? Yes, doctor. Do you rest well at night? No, doctor. Your appetite is good? Yes, doctor. Your bowels regular? Yes, doctor. These pains in the Back or loins free quently are the result of cold. Sometimes they mean the beginning of kidney trouble. You should be very careful of yourself and take the remedy regularly,as it will soon relieve you. Your kidneys will be stimulated, your liver and bowels regu- lated, and you will feel much better. You will be cured. Take this prescription and get the rem. edy from your druggist; get nothing else; R. JOY'S VEGETABLE SARSAPARILLA (one bottle) Two teaspoonfuls three (3) times aday. ¥ No druggist owns stock in Joy’s Vege- table Sarsaparilla. Any druggist claim- ing to pay lts advertising bills is a fraud. Don’t let the drug cierk talk you into buying something e!se for Joy’s Vegetable Sarsaparilla. He laughs at you when you leave the coraner store with a substitute,