The San Francisco Call. Newspaper, January 26, 1897, Page 9

THE SAN FRANCISCO CALL, TUESDAY, JANUARY 26, 1S97. RIGHT FORFEIT The S. P. Company Cannot Complain, Say the Com- s missioners, IT IS AN “UNLAWFUL CORPORATION.” Contend the Organization Has V.olated Law and Con- stitution. TAKING THE BROAD VIEW. The Answer to the Comp'aint of tke d by Attorney-G:n- Fitzgerald. Company a Fitzgerald yesterday to the complaint of the Compavy against the Commissioners, in the board restrained from r cent reduction in grain 5 per cent reduction in s provosed. makes some strong home defendants. It de- acific Company to be ation, having violsted Federal, and the State rating the the bill. company has mo it beca that the board ot restrained, as it does not attempt to en- e the rate, its function being wholl ive. The complaina E oration of another State, and is n borized to ao busins this State, | upon such terms and conditions obedience to such laws, ons as the State of ses 10 enact, and is {ain of the provi or of anything done under them by & board or officer of the State. The document is a long one, but full of neat and interesting reading to the ship- pers of the State. In the first piace it is nied that the Soutbern Pacific Company is, or has been, operating lawfuly any of e roads described in the bill under eny It is averred that the so-called | s mentioned in the bill are invalid, no effect whatever. | no information sufficient to e to answer the point the | deny that the complainant | bad a pai stock of , or any paid-up capital stoc Iiis denied that the Southern Pacific 1s a lease from the Oregon and Califor- Raiiroad Company, and for lack of | sation it is denied that the Oregon | California_has a paid-up capital of ,000. Itis also denied that any of ines mentioned in the bill are held nder a lease from the Central Pacific, The same denial is made aiso as to the alleged $67,275,000 of the capital stock of ihe Central Pacific. ‘ The same denials as to lease from the | California_Pacific Raiiroad and as to the alleged $12,000,000 capital stock of that | the Southern Pacific Company for the sole Centers cational institution in the State. fortunes out ot the State and set the curren final march to victory. State in the nion with such poor churches. 8s the factory in the same block. How cen s; The church does not exist for itself, bu State in behall of the churches. when the consolations, the hopes, and‘the tions af right” as substitutes for reli=ion. is a mistake to suppose that the church carri to ini tender amenities of civilized life? yet has no ch prejudice ation would be cle: tion is precisely the same as 1f it were. eproach will be taxen away. From Burdens tarism can preserve order when religion is dethroned. tellectunl death. Patriotism has neverstood alone, “‘Whatever may be conceded to the influence of refined education, reason and experience both forbid us to expect a nation’s moral- ity can prevail {n exclusion of the religious principle.” This is not a matter of sentimentality. California has made no provision for the moral and religious training of her citizens. Tt There is not 1 per cent of all the vast sum raised for religions work in the State that has the slightest reference to mere propagandism. The whole motive of the church is fidelity to the highest interests of the citizen, and to this end it may challenge comparison with any non-sectarian institution in the United States. It stirs the compassion of the rich toward the poor, brings consolation to the sick, relfef to the needy, contentment and patience to the discouraged and in a thousand ways softens the asperities of life, and mekes the protlem of government comparatively simple. Of all the poison-tipped innuendoes hurled at the church that of “sectarianism” is the most unjust. Because the various churches adbere to different methods, no matter what their spirit and aims, the ery of “sectarianiem’ is raised. Would it be just to Stanford University because it has *college spirit,” flies its cardinal colors, “yells’ psalm-singing of one denomination differs from the more lively tunes of another, to cast it out as “sectarian’” salt having lost its sayor 7 Or becanse it ig compelled by its charter to teach that there is a personal God and that the soul is immortal, wouid the State be justified in declaring it “sectarian’’ and displace the trustees? What is this malady so sneeringly called sectarfanism and which disqualifies church people for citizenship in a.country which owes everything it is above paganism to the doctrines promulgated by the churches? 1s it to hold up before the youth-of the State s pure and exa'ted type of righteousness; toliftup for an example a stainless chiaracter; on the eternal difference between right and wrong; to teach self-denial; to subdue the wild, rnde energles of man into the These are the things undertaken by the churches, sectarian do that the “sectarian” does not try todo? Whenever non-sectarianism can point to a spot ten miles square in this r on the face of the earth, where property, reputation and life are saf h, then and not till then shall we join in the hue and cry sgainst “sectarlanism,” but until then we must think it sheer SHOULD EDUCATIONAL, INSTITUTIONS That, He “Reproach to California.” President Jordan has recently set forth some strong reasons why the State shoula not tax the Stanford University. State in the Union that receives outside giits in so cold a spiritas California” applies not only to Stanford but to every private edu- Itis a noble spirit in Mrs. Stanford to meet the annual deficit of the university from her private resources, but she fs uot the only victim of the policy of this great commonwealth. There are hundreds who give in smaller amounts, but in the same spirit of se!{-denial, to piece out the inadequate endowments reduced by State taxation. California by an unfortunate construction of the old constitution in 1868 began and under the new constitution continued an anomalous course toward her private benevolences by taxing everything in sight. This “¢old spirit” nas driven many of the princely tof charity £ vay from popular benevolence, The average tax upon each church is more uch a law be just? t for the State. Says, BE TAXED? Rev. F. D. Bovard Makes a Scholarly Plea for Exemption for Churches and Benevolent Are a “There is no bringing nearly every private edncational {nstitution in the Strte to the verge of financial despair. Persons well d'sposed toward benevolent enterprises will not give their assistance to institutions whose doors will sooner or later be closed by the Tax Collector. whose endowment fs taxed can permanently endure. Itis nota question of money alone, but the apparent scorn and contempt accompanying taxation of a benevolence that antagonizes and discounts the motives which project and sustain a great institution. The low huckstering spirit that takes into the account simply the economic man, ignoring the higher and nobler element of human life, will gradually ossify and fossilize every instinet for refinement and culture, without which the State must fall to the rear in the Neither Stanford nor any other institution The edifeational institutions do not stand alone in this matter. “No other State in the Union,” nor in the civilized world, treats ber churches “in so cold a spirit as California.” Again and again have the churches been driven from their location by the Tax Collector. They have been compelled to move away from the centers of population and relocate upon obscure streets, There isno than $10 per month. Nearly $3,000,000 is spent annually for the moral and religious training of the citizens of this State, and that, too, by less than 10 per cent of the popula- tion. The State will not ellow her church corporations to engage in any business for gain, and yet they are taxed precisely the same The church membet doesnot need ths church any more than his neighbor. very reason that can be urged for the exemption of free libraries, educational instirutions, must appeal with still greater force to the Can the Civil Cods stand if the moral code is allowed to crumble down ? Has not moral detériora- tion already setin? A lawver of wide practice told me in tha presence of a Congregational clergyman within ten davs that perjury was tne rule inevery case. Ahigh official, himself in business in Oakland, xaid he was prepared to speak for nine-tenths of all the merchants on Broadway, an? that they would take the ground.squarely that gambling and pool-selling was a good thing for the “town.” We do Dot know under what code they would arrest a clerk for robhing their tills. While we do not fully accept these statements, yet there is reason for a careful studv of California morals. There is sound tissue, but strong cvidence of dise; that reverence for law, that sense of duty toward the community, that orderly self-restraint arising from the scceptance of the eardinal doctrines of Christianity? By what power is it proposed to control the masses, stung by poverty, weltering under a sense of injustice, Can anything take the place of ftening restraints of religion are withdrawn? Itis utterly vain to talk of “natural percep- es on its work for sectarian purpos fter a fashion and where a Nothing but the glistening bayonet, the measured step and the haughty command of mili- With the decline of religion come bribery, jobbing, perjury and moral and in- Washington said in his farewell address: as different from the Berkeley “yell” as the Now, in all candor, what good thing does the man can bring up his family decently and Taking it for granted that the ends of all educational agencies are the same, it 1s dificult to understand how the State can take from the endowment of one and add It to snother. Put the case another way: Suppose that the appropriation to the State University Iy equaled the tax collected from the churches and from the endowments of other educational institutions in the State, then one ¥ subsisting upon the others, and though this 1s not literally trus the effect on the benevolences under taxa- Let Californis submit an amendment to the constitation which will relleve all educational institutions from taxation, and spe- he houses of worship and the ground upon which they stand from this burden, and she will double her population in ten years F. D. BovARD. c Company to crush out opposi- | and destroy the property vf com- | carriers, | erred that large expendi- e been made by the unlawful combina of corporations controlled by purpose of shutting out competition and destroying the interests of other common carriers and perpetuating the control of the comp over the commerce of the State. The company recoups itself for thess expsnditures and for the low rates fixed at certain localities by this unlawful combination and by unreasonable and un- just increase of rates in other localities, “all in order to perpetuate its monopoly | of the business of transportation in the | State and stifie competition and drive all | competitors from the market.” It is averred, further, that the com- plaint of the Southern Pacific Company in making application for an injunction road, also as to the Northern California | Rai way Company and its alleged $12- ,000 capital stock, also as to leases from | orthern California Railroad Com. | and its alleged capital stock of $1,280,000, also as to leases from the South Pacific Coast Railway Company and as to its alleged capital stock | of §6,000,000. also as to leases from the Soutbern Pacific Railroad Company and | as to its alleged capital stock of $68,402, 500, also as to the Southern Facific Rail- rotd Company of Arizona and as to its al- | ed capital stock of $19,995,000, aiso as to the Southern Pacific Railroad Company of New Mexico and its alleged capital stock of $6,888,800, 1t is denied that none of the corpora- tions mentioned in the bill, other than California Pacifio Railroad Company and the Northern Railway Company, have or more than one year received anJ been entitled to any profit above their actual | expenses, or that any of them have paid | dividends to stockhcliders. It is averred that in 1894 the SBouthern Pacilic Com- pany agreed with Sir Rivers Wilson, the representative of the Engiish stockhold- | ers of the Central Pacific Company that the Southern Pacific Company | would pay to the stockholders of | the Central Pacific Company a dividend | of 1 per cent per annum until “satisfac- tory legisiation’’ could be obtained forthe ment of the company’s debt to the vernment, and that after such legisla- tion to pay 2 per cent for a period of two | years, and that that agreement was kept | the dividend paid during 1894, 1895 1896. It is averred further that the payment | of this dividend of §672,000 per year was | ke cret and not disclosed to the court | \ the hearing of the preliminary in- tion. { specific denial is made of the allega- s of the complainanis as to the in- deotedness, the gross earnings and the taxes levied and paid. On this basis it is denied that any reductions in freights proposed by the Board of Railroad Com- missioners would, if they had been en- forced for the year 1894, have resulted in any diminution'of the revende of theSouth- ern Pacitic Company or the Central Pa- Ratiroad or would have amounted to 5000 or in any sum; but it is everred instead that such reduction wouid have resulted in an increase of busiuess and of the profits thereof. The Railroad Commission further de- nies the correctness of the reports of the company as to eross earnings and as to its expenses, and denies that the proposed reduction would make any difference in the relaty nip of these two, except for the betterment of the company. is denied that the services of its otficers have beén secured as cheaply as possible and avers that ‘it is notoriously true that for many yfars last past the Southern Pacific Comjany has expended large sams of money in the employment of politicians and others to improperly influence various branches of the Federal and State governments and to obtain for itselt advantages to which it is not entitled,” ana that s large part of the sum named as operating expenses is ex- pendea for such unlawful purposes. 3 With regard to construction expenses it js averred thara larger partif not all of the supplies and material for the roads have been obtained through subsidiary [companies, composed of its own officers d ‘certain stockholders, and has paid efor much greater sums than the e could otherwise have been obtained for to the fraudulent advantage of the per- sons composing these subsidiury coms panies, Answering the allegation that the rates in many cases are now fixed at the.acthal cost of transportation by rea- son of competition with other carriers by railroad and water, it 1s averred the rates were never fixed so low in any instance, | fhe reduction wnich it complains of, but did not properly present the resoiution of the Railroad Commission providing for undertakes to mislead the court with re- gard to a general reduction of freight rates. “It was and is the intention of said board,” says the answer, ‘‘before pro- | ceeding to'make schedules in pursuance | of said resolution as to commodities other | than grain to investigate and inquire into | the conditions and circumstances sur- | rounding, bearing upon and affecting the traffic and rates of charges of said rail- roads in the State of California.” The .commission denies that it has| threatened to or intends to harass the | railroad companies with a multipiicity of | actions, or that it fixed the rate in the| present instance arbitrarily, but that on the contrary it gave the railroad a full hearing, the compan. being represented by its attorneys. It 1s denied that the rates fixed are unjust or would be con- | fiscatory of the property rights of the | company. | The commission denies that they ever | threatened to reduce the passenger fares of any of theroads mentioned, but they deny also that any such reduction oi fares will prevent the roads from paying ex- penses, but on the contrary such reduc- tion would result in anincrease of busi- | ness and profits. Denial is made that Commissioners La Rue and Stanton pledged themselves by their party platform to make reduction of rales without regard to the justice of the act. Itisaverred that all of the members of the board before taking any of the action complained of made a thoroush snd complete investigation of the freight and grain rates of all the com- panies mentioned, Learing many wit- nesses and giving the attorneys of the rsilroad ail the opportunity they desired to be heard. Itisdenied that the actions of La Rue and Stanton asmem- pers of the board in voting for the reduc- tion were not in good faith and the result of a bona-fide determination that the re- ductions proposed were just and reason- able. It is denied that the members of the board will proceed to enforce the rates of freight fixed by the grain-rate resolution, but they aver that obedience to the rates fixed by the board is to be enforced by criminal proceedings, to be instituted anud rosecuted by other officers of the Btate. tis denied that the suit is a controversy between citizens of different States, “‘and in this behalf aver that the State of Cali- fornia is the real party in interestin the defense of this sui.” The answer then sets forth that the rail. road company is not entitled to the relief asked for, for a number of reasons: First—Because there is an adequate remed:; at luw for auy and ail of the matiers set fort in the bill—that is, by litigating by way of de- fense to any proceedings which msy be brought by any one to epforce either of the Tesolutions of the board. Second—Because the only function of the Board of Railroad Commissioners in regard 1o T any other matter set up iu the tive in characier and not subject 10 review by any court. Third—Because, even if the tunction of the Dboard was judicial in character itwas exer- cised after due notice and hearing and would be s conciusive as any other jodicinl etion. Because the 25 per cent Tesolytion has never taken effect or gone into operation, and Dbecause the.otber, the 8 per cent, or graun rat resotution, although in effect by reesou of the making and service of a schedule by the board is not 1o beenforced by that body, no po being given to it to enforce any_ action taken by it in relation to fixing railroad rates. Because, under the constiiution and laws observance of the rates of fare and freight established by the board are to be eniorced, and disobedtence punished by criminal pro. ceedings which are not subject to be enjoived or restrained by a court of equity. Because “‘the complainant is not a_raflroad or transportation company at all, and is not by its charter or otheriise auther zed or em- except Where it 1s the object of the South- wered to operate the raiiroads mentioned E’ said bili or any of them, or auy rallroad or | where, the matter and things for which transportation company in the State of Cali- fornia or in the Stete of Kentucky or else- the complainant seeks the protection of this hon- orebie court, being outside of its corporate powers and ot permitted by its charter and nitra vires,” Because none of the several corporations which are aileged to have leased their re- speotive roads to the Southern Pacific Com- pany had any power to make such leases, and | the Southern Pacific Company had no power or authority to take such leases. Because the Southern Pacific Company is an unlawful combination, and in violation of the laws of the State of Califorriia and of the United States and contrary to public policy, for the reasons that it 15 in violation of sec- tion 20 of article XII of the constitution of California, which provides that no railroad company shall meke any contract with any common earrier “by which combination and contract the earnings of the onme doing |the carrying are to be sharea by | the other, mot doing the carrying”; itis in violation of the amyi-trustactof Con. gress, passed July 2, 1890; it is in violation of common law in relation 1o restraints of tr and in relation to monopolies: it is subs tially s partnership of - the _corpora- tions mentioned in the bili, including the Central Pacific Railroad Compaay; it in- volves an attempted but unauthorized trans. fer to- the Southern Pacific Company of the franchises of the other corporations; it in- volves an sttempted transfer to the Southern Pacific Company of the Federal {ranchises of the Central Pacific Railrosd Company. Because the Soutnern Pacific Company is a corporation oi another State and isnot au- thorized to_do business or exercise any func- tion in the State of California except on such terms and condit-ons aud in obedience tosuch laws and in compliance with such rules and regniations as the State of California cnooses 10 enact, and is in no position to complain of the provisions of the constitution-or laws of the State or of anything dome under or in vursuance thereof by sny board of officers of the State, Because the things complained of constitute & valid and proper exercise of the police power of the State and have a clear tendency to ac- complish the legitimate ends of such power and are not subject to review by the Courts. The answer is signed by W. F. Fitzger- ald, Attorney-General of the State, and W.'W. Foote and Robert Y. Hayne, of counsel for the board. BEY, MR, BOLTON IFORNS DR, LAW Lucidly Explains His Cer- emonial Direc- tions. But Calmly Ignores the Personal Attack of the Oakland Divine. Justifizs Rue 29, Which Was More Particularly R:f:rred To by His Opponent. Rev. W. W. Bolton, pastor of the Church of 8t. Mary the Virgin in this City, does not recognize the propriety of personalities among gentlemen of the cloth, and de- clines, therefore, to stimulate the appetite of the Rev. V. Marshall Law of Oaktand for such a phase of polemics by any pro- fessional retaliation of his fierce attack from the pulpit of the Church of the Ad- vent last Sunday. E Dr. Law saw fit to take exception to Mr. Boiton’s method of administering the holy communion, observing 1n this con- nection that “notcontent to compel his communicants to drivk from a common cup, whereny they are brought in contact with unclean lives and possibly contagion, he uses his own lips to cleanse the rim of the chalice.” A small pamphlet contain- ing Rev. Mr. Bolton’s annual 4d iress to the members of St. Francis Ward of the Confraternity of the Biessed Bacrament, together with certain ceremonial direc- tions, furnished the text of Dr. Law's philippic, in the course of which he denied the claim of the author, that these direc- tions are the general use of the Anglican | communion, | " Rev. ar. Bolton, when seen yesterdey and questioned on the subject of Dr. Law’s attack, said he must refuse to take any notice of the actual language used by Dr. Law toward a brother clergyman as being ‘a0 entirely unministerial.” Ke- ferring to the pamphlet itself he said: “The Confraternity of thé Blessed Sacra ment, whose pamphlet on ceremonial directions bas been taken exception to by Dr. Law, is an orzanization stretching all | over the world. Its objects are as stated in the pampblet: (1) The honor due to the person of our Lord Jesus Christ in the Blessed Sacrament of His Body and Blood; (2) mutual and special interces- sion at the time of and in union with the Eucharistic Sacrifice; (3) to- promote the observance of the Catholic and primitive ractice of receiving the holy communion a ward of this confraternity in this City, to which members throughout California belong, and of which Iam the superior, That pamphlet contains my annual address at the feast of Corpus Christi 1n 1896, and was sent to every member in the State and_to every clerzy- man of the Episcopal dioceses of Calf- fornia. The ceremonial directions would naturaily be of first consequence to the clergy. In the preface are these words, which certainly do not make for warfare among ourselves: ‘They are placed in your hands that you may pass them on to | some relative or friend in the sacred min- istry whose high privilege it is to stand before the Lord at his altar. If this be done with that Christian charity that should actuate us in all our dealings with those of our brethren who cannot see things epiritual Lu-r as we ourselves do look at them we believe that these direc- tions, far from giving offense, will be re- ceived with many and grateful thanks.’ *“The_ Confraternity 1s not a secret soci- ety, and all its doings are open to the light of day. These directions have also been sent to many of the clergy in other States, and have been most kindly received. The hope has been expressed by them that in time a much greater similarity of ceremo- nial than has heretofore prevailea in the Episcopal church may result from this ini- tiative on the part of the Californian clerv‘ “With respect to Dr. Law’s interpreta- tion of the passage which deals with the cleansing of the chalice by the lips of the clergyman, I would say tiat he evidently supposes that after each rail full of com- municants has been disposed of the priest is directed to cleanse the rim of the chalice with his own lips, whereas the rale itseif (rule 29, page 13) expressly states: 29. When he returns for the Chalice he first places Ciborium from whence he 100k it, then genuflecting, takes the Chalice. Returning aiter communicating the people, he cleanses the lips of the Chalice with his own lips, places upon it the Pall, then covers both Chalice, Paten and Ciborfum with the “fair linen cloth” or white vell of lace and genu- flects. “This means that the chalice must be thus cleansed after the Jast communicant bas taken the sacrament. The reason for observing this rule 1s to prevent the ab- sorption of any portion of the sacrament by the linen which is placed over the mouth of the chalice at the close of the communion. To permit the linen to ab- sorb any portion of the sacrament which human beings should alone partake of would scarcely he conducive to a reveren- tial attitude. The rule specifies the almost universal practice which has been h-ndnd[ down from generation to generation. may add that the future vartsof thes directions will be published as soon as we have the necessary means at our disposi These will deal with low mass with a server, high mass, solemn hizh mass, the canon, the triptych and others.’ Rev. W. W. Bolton stated that he haa mfde a special study of ritualistic observ- ances for twenty years and considered himself competent, therefore, to express an opinion. A. N, Towne’s Grandson, Clinton E.Worden has applied to the Su- perior Court for permission to adopt his step- son, Nelson Towne Shaw, aged fourteerr years. The consent of the minor and his mother, now Mrs, Worden, have been given in writing. et Coriuthinn Yacht Club. The Corinthian Yacht Club is very deeply interested in an election of 1ts officers, which will be beld on Wednesday evening. It is thought thal with tew exceptions the present board will be re-elected. MODJESKA PLAYS AT THE BALDWIN The Polish Actress Makes Her Entree in “Magda.” New Acts in “ The Devil's Auc- tion "—Dcbutantes at the Alcatraz. A Fema'e Rival to Sindow at the Orpheum—* Maritana” Revived at the Tiv An audience that almost filled the Bald- win Theater assembled last night to wel- come Mme. Modjeska back to the stage. Sudermann’s powerful piece of character drawing, “Magda,” had been chosen for the opening bill and in the title role the star was supported by a specially selected company, which con- sisted to a considerable extent of local talent. The hezoine of “Magda” does not ap- vear till the second act, so the whole house was seated and expectant: before Mme. Modjeska made her entrance. She was gree'ed with an ovation on her en- trance, but the Polish actress is too essen- tially an artist at heart to interrupt the action of a drama by tripping to the foot- lights and bowing her acknowledgments. San Francisco audiences are fairly fa- mibar with the plot of “Magda,” indeed Mme. Modjeska has played it here her- self, and it is said to be one of her favorite roies. The play is not so familiar, how- ever, that it can be thoroughly enjoyed when the lines are not audible, and Modjeska’s voice Was very wesk last night, so much so that there were speeches when the hearers had to depend on her expressive face and their own knowledge of the story to catch the drift of what she was saying. At times the tragedienne threw off this weakness and spoke so that her words could be heard 1n the remotest part of the theater, as for instance in the first scene with the hypocritical ccuncilor and in the Leavier scenes with her father, but it was in the conversational portions of (he play where interest is apt to flig most that the gifted ac'ress was most inaudible. Modjeska’s interpretatiop of Magda was fascinating, intensely womanly ana powerful, woere fierceness was required, | but she had scarcely the animal spirits, 5o to speak, to invesi the singer with the recklessness, the headstrong chating against moral and parental restraint and | the love of vagabondage which make Magaa’s actions and character consistent. The Magda iast night was a beautiful, | womaniy being, with no underlying sug- | gestion of the tigress, no disreoutable part | to harden and corrupt her, Joseph Haworth played the rols of | Mujor Schuvert, Magda's fathe:, on the | who.e, in & powerful and satisfactory man- | ner. His makeup was realistic and he en- tered with force into the strong scenes | with Magda and the councilor, though his voice was somewhat gentie and caressing | in its accents for the stern old martinet of | asolduer; in fact, Haworth’s stock of stern- | ness was scarcely large enough for the de- | mands of the role of the major. fiss Frances Jolliffe quite surprised even her warmest friends in the role of Marie. It may bave been stage fright that nerved her on to make a supreme effort, for the real feeling and the perfect paturalness with which she played her role savored very little of the debutante, Ii| Miss Jolliffe does as well as this again and does it often she will make a name for | h rself. For an actor who is almost nnknown to fame Lester Lone gan did splendid work as the rector. In his scene of renuncia- | tion with Mayda there were real tears in | his voice and eyes. It is hard tosay why George Osbourne, as the Councilor, | adopted a make-up that cansed one to| think of & pork-butcher and a manner that seemed to be perpetualiy acting: “How many cents' worth did you say you would buy ?” A man of Osbourne’s ability should nave made the Councilor more at- tractive; as it was, his appearance was an insult to Magda's taste. | At the Orpheum, Newat the Orpheum this week ars Alcide Capitaine, Bessie Clayton and a special gro- tesque dance by Arnold Kiralfy himself, Miss Capitaine is an_serial acrobat, end her performance captured the audience. She does daring feats on swinging bars, and the colored his that are thrown on this young woman ile in midair show thai the greatest physi- cal culture has but developed the beauty of B iy sandwiches himselt in betweenevola- tions of the shapely coryphees of the ballet. His dance is extraordinary in its ecceutricity. Mr. Kiralfy was unfortunate in receiving only scattering applause. lig wl Morosco’s Grand Opera-House. The five-act comedy-drame, “The Orphans of New York,” was put on at the Grand Opera- house last night for this week, before a large sudience. The scenery and situations are quite melodramatic at times, One of the most ffective scenes is the burning of an orphan ssylum st night, from which the litile giris in their streaming white night robes are safely led out by the nuns. There is enouzh love, murder, humor, ex- plosives and thrilling situations 1o hold the Continued interest of the audience. Edward J. Heron took the partof #The Shiner,” and Rosamonde O'Connell made an ideal nun, as Sister Gertrude. The sudience besiowed ap- plause in generous quantities. Atthe Alc.zar. “All the Comforts of Home" was revived last night at the Alcazar to a crowded house. Miss Juliet Crosby, a local debutante, made her first appearance at this house and proved to bea very pretty and promising young actress. It was an evening of debuts, for Miss Gertrude Tidball has appeared but once. Tivoli Opera-House. “Maritana’” was presented last night by one of the best casts the Tivoli has ever offered. It is & Telief to hear this company In straight roles occasionelly, and each and every member of the cast was receivea with enthusfastic en- cores. Mr. Thomas made a spiendid Don - Cesar, aciing and singing the psrt in a man- ner guite equal to that of any of his prede- cessors. W. W. West was quife as much at home in the King of Spain &s the Irishwoman oi “Jack and the Beanstalk,” and that is say- ing a great deal. Horse Show at the People’s Palace. Bristol completely fills the stage this week at the People’s Palace with his beautiful edu- cated horses, ponies and mules. This is the “‘equus curriculum” thet appeared last week at the Chutes. “The Devil’s Auction” at the Columbia last night was diversified by several new acts, dances, etc., the chief of which was an_aerial act by ihe grotesques Tourier and Fobel, who substituted & bamboo pole for the ladder in thelr trapvze act and, one at each end, per- formed gymnastic feats. Messrs. Friedlander, Gottlob & Co. are negotiating for & concert at the California Theater with the famous singer Mlle. Anfoi- nette Trebelll es the star. She is & daughter of Trebelli, the once famous contralto, and has 880prano voice of great sweetness. Inspectors Promoted, W. J. Henrichs, Frank P. Flesh and Henry F. Hubbard yesterday passed examinations enttlng them to become day Cus om-house Inspectors. They were accordingly promoted. Chilidren Cry for WHERE IS FISHER NOW? His Family Has Not Heard ¥rom Him Since His Financial Collapse. The whereabouts of Will E. Fisher, the real estate agent who disappeared from this City & week ago to-day, leaving his | affairs in & hopelessly wrecked condition, is still unknown to his family. A United Press dispatch yesterday from 8t ckton to one of the evening papers here said: “Will E. Fisher, the San Francisco real estate agent, is in Stockton now. He 1s being concealed by a private detective, | who will allow no one to see him. Fisher claims that all his business matters will be straightened out; that his friends are now working to this end. “Fisher has been sick here.” This 1nformation, while not new to the family, has not been substantiated by any | rehiable private information. Several days ago, it seems, a telephone message came to the Fisher residence, 1210 Stter street, saying, in «ffect, that the missing real es- | d | tate dealer was there in hiding. : Fisher, however, has not communicai th' or been heard irom by his family | since he was las; seen—a week ago to-day. | He had not been at home later than two | days preceding shat. The members of the Fisher household and the intimates of the family know of no friends who may be intending to see that ali claims are paid: They assert that Fisber's affairs are hopelessly involved and they further say that they do not see where Fisher had any money to hire a de- tective as he was noi known to have had any cash with him. A Tue friend who cameto his rescue in a similar financial difficulty on a former occasion is not again advancing money. E. B. Jennings speaking last night for Mr. Fishersaid: : “There are about sixty creditors, con- fined almost entirely to this City. An effort is now being made by Charles S. Neal, the assignee and representative of the Fair esiate, to have the creditors sign a petition of claims in order to force a sale. A committee, consisting of P. Blake, C. 8. Neal and myself, has been appointed to submit the petition to the different credi- tors for their ~ignatures.” NEW TO-DAY. Philadelphia Shoa Co, No. 10 Triro S, e —————— STAMPED ON A SHOE MEANS STANDARD OF MERIT SHOES FOR SHOES FOR 00D SHOES CHEAP We don't propose to be Doub'y Block- aded and remain quiet and say nothiug about it. Thal's oL our style. We pro- 'se to do business despite that blockade, d when we have an exceptionally zood shoe to sell cheap we want you to know about it. Call and examing our blockade prices, and 1f you are not sausfied don’ buy. This week & great special arive. Ladies' Extra £ ine Vici Kid Buiton Shoes, With square toes and V-shaped patent leather tips, stzaight vamps and full hand- sewed welts, Nolacks, Do nails, nothreads 10 burt the feet, and mauntactured by Dy M. Houeh & Co., Rocues.er, N.Y, Special price for this week 82.00. Regular price 34, Children's Spring Heel Vicl K1d_Button Shoes, with plain toes and hand-turned soles, sizes 4 L0 T34, reduced Lo SO Cents. Children’s Solid Heel Grain Button Shoes, with or without Lips. Guaranteed for wear. Bizes7to 10. Reduced to SO Cents. Misses’ Fine Dongola Kid Button Shoes, made by Laird, Schober & Mitchell Flain toes, spring heels. Sizes 1115, 12, 1214, 1,114, 2. An extra fine wearing shoe and a'neat fitter. Keduced from $3 to $1.00. 2~ Conntry orders sollcited. - Send for New illusirated Catalogus. Address \ B. KATCHINSKI, PHILADELPHIA SHOE co,, 10 Third St., San Francisco. ROSLYN COAL! THE MOST ECONOMICAL IN THE MARKET. BY THE SACK. 450 BY THE TON 88,00 Try & sack or ton from the old reliable yard. GEQ; JONE>. Maaager, 25 _Stevenson Street, Between Third and Fourth. Spectal Rates to Hotéls and Restaurans. | DUCED CAB FARE, Even the poor can ride as well as the rich. ABI CARRIAGES All our Carriages have Varnished Bodies, Steel Wheels and Patent Brak All Carriages over $9.00 have Patent Hubs, RUBBER TIRZ, STEEL WHEELS, Parasol Top, Reed Body, lined with figured Sateen, steel wheels . r} Hood ‘fop, full size R s g ured Sateen, novelty springs, steel ‘wheels. 85.75 Pargsol Top, Reed body, uphoistered in Art $6.25 fabric, steel wheels and springs. . Hood Top, Reed body, upholstered fn ¥l ured Sateen. steel wheels and springs. Hood Top, Reed body, upholstered 1 Derb Cloth with Plush roll.... Hood Top, Rattan body, uphoistered in Tap- egtry with Plush roll, RUBBER TIRE. STEEL WHEELS. 9.50 In addition we have a large assort= ment of Hood and Parasol Top Car= riages in newest designs of bodies and upholsteries, selling up to $30 each. We make a specialty of Carriage Repairing. NOTICE *INVITING SEALED PROPOSILS - For the Purpose of Sale of Bonds of the City of San Jose. HE MAYOR AND COMMON COUNCIL OF the Cliy of San Jose, having by ordinance en- titled “An ordinance providing for the Issuance and sale of bonds of the Cliy of San Jose.” etc., sed on the 21st day of December, 1898, and spproved on the 28d day of December, 1896, ordained that there shouid be fssued by sald city of Ban Jose six hundred high school building Dbonds. of the deromluation of $125 each. and four Dbundred sewer bonds of the denomination of 8100 each, both classes 0f bonds 10 bear interest at the rate 'Of 435 |er cent Der annum. paysble seml- snoually, and aiso by said ordinance sathorised sud directed the City Clerk of said city tog 7.90 | notice inviting proposals for the sale of said boads, now therefore Public notice Is hereby given that the Clty of San Jose intends to lssue one thousand boads aforesaid, 20G that sealed proposals will be received a: the office of sald City Clark. at the City Hal In San Jose, California. until the hoor of eight o'clock .3, on the eighth day of February, 1897 (at which time, or as soon thereafter as said Mayor and Common Council suall duly convene, said bids will be opened), for the purchiase of the whole or oy part of said h.gh school bullding and sewer bonds, Or elther thereot. £aid bonds are (o bear Gate June 1, 1897, and the interest thereon io b pald seml-annually on the first day of December and the first day of June of each yesr thereafter, both principai and interest payable in goid coln of lawful money of the United States. Eaid hixh school building bonds shall be nume bered consecutively from oue to six hundred, both inclusive, and be divided into forty series, num- bered consecutivel; from one to forty, both im ciusive, each series consistiug of fitteea bonds; the first series is to iuclude those bonds which are numbered from one to_fifteen, both luelusive, and each succeeding series is (o inciude the fitteen bonds numoered consecatively afiar those ia- cluded {n toe next preceding series. i Said sewer bonds shail be numbered consecu. tively from one to four hundred, both iaclusive, and b- divided into forty series numbered ~on- secutively from one to forfy, both Inciusive. each series consisting of ten bonds: the firat werl inc.ude those bonds which are numbered from oue to ten, both Inclusive, and each succeeding serles Is to include the ten bouds numbered conr secutively after those Included I the next pre- ceding serles. The first serles of sald high school buflding boniis and said sewer bonds sh.ll be made e first day of June, 1898, and_one of the re- g series Is to be made payable o the first ¢ “June In each succeeding ca endar vear thereatier, until snd including the yesr 1987, £u1d bonds are to be made payasle to ihe order of thv purchaser or payee bs name, and to each of sali bonds there s 10 be attached interest-bearing coupons, double in number (0, the number of years whicu such bond kas to run before its maturity. Pruposals must state the price offe; ed, the descrip- tion of the bonds desired, and be accompanied by ceri{fied check on some responsile bank, ps able o the order of the Mayor of said City, forat least ten per cent of the amount bid, sald check to be returned to bidder iu case the' bid is nat ac. geuted, The purchase money for sald bonds shail be paid In gold colnof the Uniied ~tates withia ninety days after notice of accepiance. The right toaccept any or all bids and to reject any o all blds, or portions of bids i3 hereby expreasly re- served. . W. COOK, Ciiy Clerk. Dated January 2d, 1897, NOTARY PUBLIC. (CHARLES H. PRILLIVS. ATTORNEY-A™ Law and_ Notary Fublic, 638 Market st., site Falaco Hotel: Telephon 510; Retideace 1430 ¥ell strest. Telephone * Pime ” 2581 Pitcher’s Castoria. !_BTaCk Spots - Eyes Rt ey, | BLACK SPOTS BEFORE ’ YOUR EYES! You see ; halfthe picture on the page, while the other half is blur- red. You have had such an experience. By and by it will pass away, and then a headache comes. R-l-P-A-N-S Tabules will drive away the whole trouble in twenty minutes. AN OCCASIONAL RIPANS TABULE WILL PREVENT ITS RETURN.