The San Francisco Call. Newspaper, February 4, 1897, Page 4

4 THE SAN FRANCISCO CALL, THURSDAY, FEBRUARY 4, 1897 CLOSING PLEAS FOR DUCKWORTH Evidence All Taken in the Temporary Roll In- vestigation, Judson C. Brusie Speaks Justification of the Chief Clerk’s Course. Committee Wiil Mest in Executive Session To-Day to Pass Upen the Findings. SACRAMENTO, Can, Feb. temporary roll scandal investigation was practically ended this evening by the con- clusion of the taking of testimony. About balf & dozen witnesses were examined. F. C. Jordan, Cousty Clerk of Alameda, told bow the appointment of Wesley Dixon had been recommended to Mr. Duckworth. nt Towle narrated the manner in which Clerk Duckworth had stopped payment of the warraats of Gunzendorfer and Rodriguez, after he had | learned that they not taken part in | the oreanization of t mbly. R.R.| Duckworth and a letter irom A. Campbell | of San Francisco explained to the sal faction of the committee how the name of | Campbell had been omitted from the roll. Mr. Emmons said that the resolution creating the committee simply authorized | it to get at the truth and report it to the | Assembly bad no authority to find a verdici or to take any final action in the matter. It was decided that ten minutes would | be sufficient time for the arguments on | each side, and My. Ciynoweth opened for | the committee. He began by stating tbat | he desired to call the attention of the com- | mittee to a portion of the testimony given by Mr. Duckworth. The original iist was | sentto the printer and appeared in the Journal with one or two names added to it the next morning. Then he wished to | call attention to a setter sent by Duck- worth to the State Printer asking him to add another name which had been omitted —that of Rodriguez. The list sent to the | State Printer by Duckworth was the official | list. Afterward he directed the State | Printer to change the list by the insertion of anotaer name. “The point is,” continued Mr. Chyno- ‘weth, “‘whether or not that is a mutilation or an alteration of a public document, and 1 would refer you to section 113 of the Penal Code.” Judson C. Brusie followed with an elo- quent address, in which he poured honey over the committee and the reporters. “Not one single question,” he said, “in the whole course of this investigation has been asked by us with the hope of bring- ing that response that would shift u:e“ responsibility onto the shoulders of others. Thatlist, gentlemen of the com- mittee, is more to the credit of the men who remembered their friends than it is to their dishonor. It was introduced against our protest; it wasnever intended by Mr. Duckworth as a defense, and 1 will | say Lere that if his defense bad depended upon introducing that list, it never would have been introduced by us. He bas con- | fessed frankly to you that under the so- licitations of the members and- under the great pressure of the moment, those names were placed there to pay the debt of gratitude. He hus tried to present his case without involving any one elte, and | we believe that he has succeeded.” | Brusie proceeded to say that the sec- retary of the Senate, the clerk of the Assembly, the minute clerks of both houses and the two sergeants-at-arms | were obliged by law 1o go to the Stale Capitol at each succeeding session and per- form the duties of their offices until their successors were elected. It designated those who must return, but it did not | mean that those three alone shouid par- | ticipate in the ceremonies of the occasion. | The statute provided that the permanent | organization of the House should be | effected with eighteen officers and attaches. Duckworth appointed 108, yet on the per- | manent roll there are 155, “Wbo is to say,’ continued Brusie, “that you don’t know how many are re- i and as one honorable gentleman bere is plenty ot room lor economy | elsewhere during the session besides stop- | ping that trifling reward that falls drop | by drop into tne pockets of poor and de- | serving men.’ The people of this State are looking for general resuits, not as to who shall be | held responsible for the number of veople | appointed under the temporary organiza- tion. There is only one man on the face of the earth who can suffer from the findings of this committee, and that man is S. J Duckworth. Ii there isany pen- alty, ifthere is a reputation to be sacri- ficed, if there is a good name to be lost, he alone must stand it.”’ The speaker asked that the committee, when it came to the findings, should not go behind the question as to whether or not he commitied afraud. That wes ail that the resolution provided for. Duck- worth had made a full, honest confession to the effect that he had listened to the importunities of friends in the Assembly until he himself was appalled by them. Many men seomed to delight in putting the glnme somewkere, and it unfortun- ately seemed that Duckworth was the man selected to bear the blame, In mak- ing these appointments tho evidence showed that Duckworth had not gained any edvantage in his canvass for the cnief clerkship. Not a single witness had said tbat the chief clerk had ever approached him on the proposition of voting for him. Mr. Brusie justified the practice of rewara- ing political friends. “From the office of President of the United States,” Le added, “down to the distribution of patronage in the Cabinet political services are rewarded. The man who forgets his friends is despised by all men. We know how these men come and importune us. To go on the temporary roll is an advantage where there are several candidates, and to put one and notall on the roll would be giving that one an unfair advaniage over his rivals and there 13 no course open to the cler except to putthem all on. If 108 were put on, and there are 155 now, it is to your credit that they are there. It is the very means by whick we are all elected, and it is the very means by which this country is governed. It is true to-day, as ithas ever been, that ‘to the victor belongs the spoils,’ notwithstanding the purity of elections law. It is a buman impulse, and no law_on this earth can prevent it. Members of the Legislature, like the honorable gentiemen that they are, went upon the stand and scknowledged ihat tbey made these requests of the chuef clerk. On motion of Dr. Keables the commit- tee decided to go into executive session to- morrow to consider the findings of the committee. e LETTER-CARRIERS BSALARLES. Passage of @ Joint Resolution Favoring an Inecrease. SBACRAMENTO, CiL, Feb. 3. — Mr. Ennis this morning introduced an Assem- bly joint resolution (No. 24) which reads as follows: in/ 3.—The | AN EASTERN IDEA OF THE NEVADA LEGISLATURE | One Legislature Which Regards Prize-Fighting as Among Legitimate Pastimes. [Reproduced from the Pittsburg Dispat -] “ADill 10 increase the salaries of letter-ca riers,” said bili having passed the Senate by a | unenimous vote and been reported favorably by the Committee on Postoffices and Postroads | o1 the House, the provisions of the bill adding “ a fourth grade of salary in first-class offices of $1200 per annum, and in secoud-class oflices present conditions a_carrier entering t ice mustserve at least eight years be- iore be can obtain the highest grade of salary, the substitute-list and subsequent grades of | service requiring tbat time. The carrier service is self-supporting and a sourcé of revenue to the Government, the duties of the z, arduous and_responsible, re- | g o high grade of physical and mental | 2 7, By the Senate of the State of Calt- | a, the Assembly concurring, that our [ presontatives st Washingion re Lereby requested to urge the ze of said billat Lhe present session of Congress; that the secretary of the Senate be and is hereby Instructed to transmit a copy of these resolutions to our Representatives in ess, also to Hon. Thomas B. Reed, Speaker of the House of Represeutatives. ASSEMBLY ROUTINE. Bills Passed in the Lower House of the Legislature, SACRAMENTO, Car., Feb. 4.—Bridg- ford’s resolution requesting Congress not to impose a tariff on jute gratn bags was reported to the Assembly this morning | with favorable recommendation by the Federal Relations Committee. Bills were passed as follows: To in- crease the penalties for selling liquor to ire commercial banks to med deposits, as savings | vanks do; to change the boundaries between Sutter and Yuba Countles; | to permit railroads operating above certain elevations to cease operation during winter months; Wright's bill regu- lating pawnbroxers. A large number of bills on the third reading file conld not be considered be- cause uot returned with amendments by the printing office. Four bills were passed this afternoon. They are: Senate bill 138, making an ap- propriation for a_ California exhibit at the | Nashville (Tenn.) exposition; Senate bill 6, appropriating $500 for the exp-nses of Presidenual electors; Senate bill 60, con- ferring power upon municipalities to erect and maintainr hospitals and to levy taxes therefor, and Senate bill 107, requiriog in- ventories of State and county property. Assembly bilis te increase the efficiency of fire departments in cities of the first class, and authorizing cities to take the census, were given third reading and passed. % . Assembly bill 29, requirire the placing of notices by claimants of mines relative to work done by other parties, was lost, Cam:netti giving notice of reconsideration for the purpose of amending so as to make the posting of one notice sufficient. ssem of the Pe during their absence, passed. i i IN THE UFPPEE RBOUSE. Summary of the Day’s Proceedings in the State denate.’ SACRAMENTO, Can, Feb. 3.—A reso- lution recommending the establishment of a National leper asylum was passed by the Senate this morning. Bulla was granted reconsideration of the Torrens land act. Denison offered a report from the junketing committee, setting forth the expenses of the trip to Whittier and various other institutions, the bill aggre- gating §864 10. Assembly bill 33 was taken from the special file and debated at length. The bill provides that a non-resident relative of a deceased person may nominate an administrator. Simpson opposed the bill on the ground that it would lessen the income of the Public Administrator. Dickinson declared it inoperative and Gillette said it would allow the nomina- tion by unsuspecting non-residents of shysters, who would gobble the estate, Braunbart championed the bill, making two long speeches in its lavor, claiming that 1t would entitle the wishes of the deceased to some consideration and declaring that the Public Administrator’s fees were oiten exorbitant. Pedlar also supported the bill, which was finally lost. Assemby bill providing for an aidi- tional Superior Judge for Santa Clara County passed 1ts second reading without amendment, which probably insures fts passage. When the third reading file was taken up it was found there was not a quorum present, and the Senate adjourned until to-morrow. —_— FREE 10LLROADS. Kesolutions to Remedy a Nuisance in the Yosemite Valley. SACRAMENTO, Cai., Feb. 3.—Assem- blyman Melick this morning introduced Assembly joint resolution 25, relating to the purchasing and making free to the United States Government of the toll- roads passing over the Yosemite National Park in the State of California, The reso- lutions recites that in 1885 and 1889 the State purchased and made free portions of three toliroads in the Yosemite Val ley, and that in 1890 an act of Congress Wwas passed establishing the Yosemite National Park, but itdid not provide for the making free of the said three tollroads passing over the National Park and into the Yosemite Valley, or for the making free of the fourth toliroad passing throngh the park but not into the valley. The resolution recites further that the United States Senate in 1896 authorized tne purchase and making free of the three tollroads from their beginnings at the ublic highways outside of the National ark to where they cross the boundary WHEREAS, There is now pending in the House of Representatives a bill entitled H. R. 260, 1 the fourth tollroad from its line of the Yosemite Valley rant, and of | copy of these resolutions. bill 70, empowering Justices | to call in otuer Justices to sit | ] the Yosemite National Park to its ter- minus bevond the boundary of the Yo- | semite Nstional Park, at the actual vaiue of the four roads, to be ascertained by three officers of the enrineer corps of the regular army, to be appointed by the Sec- retary of War. The resolution urges the National Gov- ernment to pass the bill making free the toliroads and traiis in the Yosemite Val- ley and in Yosemite National Park, and requests the Governor to forthwith trans- mit to each of the sentatives In Congress from this Statea WATER FOK THE LAWMAKERS. Will Be Supplied With an Abundance of Aqua Pura. SACRAMENTO, CAL., Feb. 3.—Water— Blue Canyon water—was the subject of much persifiage and merriment in the Senate to-day. Senator Pedlar yesterday introduced a resolution providing for au appropriation of $5a day to provide the Senate chamber with drinkable water during the remainder of the session. Tue resolution was reported favorably to-day by the committee to which it was referre Senator Bulla moved an amendment that the amount be reduced to $3 50 a day. He thought that was a suffictent amount of money to be expended on water, when there was no apparent danger of the sup- ply of other thirst-quenching beverages and liquids giving out. Senator Morehouse said he was not en- tirely in accord with the resolution, as he still retained sufficient Democratic prin. | ciples to want to take an occasional drink of sometbing other than water—even Blue Canyon water. Senator Voorheis also scented danger to his personal predilections. He mentally and rapidly fizured up that $3 50 would, 2t the rate charged—2 cents a gallon—pay for 175 gallons of water per day. This, he pointed out, was in the proportion of about four and a balf gallons of water pes day for each member of the Senate. He con- cluded by saying that the infliction of such & guantity of water on the members was a piece of cruelty that would be sure to evoke indignant protestations from every bumanitarian throughout the State. The resolution was ultimately passed by a vote of 27 to 8. meagil TOO MANY CLEEKS, Braunhart's Bill Affecting San Fran- cisco County OUffice: SACRAMENTO, CAL., Feb. 3.—By the bill introduced to-day by Senator Braun- hart several important changes are pro- vided for in the mattersof the clerical force and salaries in the county offices of San Francisco. “The number of recister clerks drawing $175 per month is reduced from twelve to four, those drawing $150 per month are reduced from twenty-four to thirteen, and the number of copyists is changed from thirty-six to fiftean, but the salaries of the latter are increased from $3 per day to $100 per month. Two changes are contem- plated in the Sheriff's office: The book- keeper's salary is to be reduced from $250 t0 $200, and the assistant bookkeeper’s re- muneration is to be increased from $100 to $150. These changes would effect a saving to the county of $4250 permonth, or $51,000 a year. Another important new feature is in- cluded in the measure which provides that when clerks are not engaged in their regular duties they may be assigned to other work. - T INTO TRE WASTEBASKET. * One of Senator Bert’s Bills Comes to an Ignoble End. SACGRAMENTO, Car., Feb. 8.—Senator Bert made a public confession of lack of judgment or incompetency on the floor to-day. His bill providing for the ap- pointment of a Japanese interpreter for the criminal courts of San Franciscoata salary of $150 a month came up for third reading. It had been attacked on second reading as being unnecessary and as sim- ply providing a soft place for some fa- vored individual. Bert made a strenuous defense of the measure at that time and was most empbatic in declaring that the need of a Japanese interpreter was most urgent. There promised to be another attack on the bill on third reading, so making a vir- tue of necessity Bert, when his bill was reached on the file, asked permission to withdraw it. He remarked that a con- ference with some of the Police Judges of San Francisco bad convinced him that his bill wouid not provide for *a long-felt want.”” There being no objection the bi! was unostentatiously dropped into the wastebasket, —— LIBRARY TRUSTEES. Fire Republicans Eleoted in Joint Ses- aion of the Hous, SACRAMENTO, Car., Feb. 3.—The Sen- ate and Assembly in joint convention at noon to-dsy elected five Librarary Trus- tees, as follows: ¥rank D. Ryan of Sacramento, 73 votes; B. W. Lee of Los Angeles, 70 votes; A, B. Lemmon of Sonoma, 70 voies; Jacob Neff of Piacer, 70 votes; Thomas Flint Sr. of 8an Benito, 70 votes, This was the ticket determined upon in caucus last night, as already publisned in THE CALL. Mrs. Emery Wins Her Suit. LOS ANGELES, CarL., Feb. 3.~Judge York to-day refused to admit the alleged will of Fred B. Emery to‘grobnu, on the grounds that the deceased had been of un- sound mind at the time the will was made and had, moreover, been declared incom- petent. The fight was made by the widow to prevent E. Emery, the son and admin- istrator, from getting control of property nning in | valued at $16,000. Senators and Repre- | TAXING CARSON'S HOTEL CAPACITY Orders for Quarters Are Pouring in From All Sections. Citizens Rejoice Over the News That Uncle Sam Will Not Interfere. Mills' Legisiative Bi'l Limiting the Admission to the Fight Will Not Be Reported. CARSON, Nev., Feb, 2—The dispatches from San Francisco announcing that United States Judge McKenna and others bad declared that the Federal Government had no right to interfere to prevent the Carbett-Fitzsimmons fight in Nevada has caused great rejoicing here. Nothingnow stands between Carson and the great pu- gilistic event that will bring thousands of visitors and thousands of dollars to the city. Virginia City is putting in a strong bid for the tight, offering $10,000 cash. The Enterprise prints a list of .hotel and lodg- ing-houses on the Comstock and the num- ber of people they can hold, ‘giving an es- timate 0f15,000in all. The fighters them- selves, however, arc to be considered, and neither will consent to fight at suchagreat elevation. It is nearly 7000 feet above the sea level, and the pugilists would be com- vletely winded in a few rounds. ¥ The bill introduced by Senator Mills to reduce the rate of admission will probably be allowed to sleep its sleep in the com. mittee and never be calied up. To-day James Gordon Bennett of thne New York Herald engaged rooms at the Ormsby House for three of his staff, to be occupied on March 1, and thesuite usually set apart for United States Senatorial can- didates was reserved. The_ hotel is the largest in the city and nearest to the spot where the fight isexpected to take place, and the landiord will run a special wire into his parlors from the Western Union for the accommodation of the newspaper men. Orders for quarters in the hotels are coming in from- all parts of the coun- try. e s e ir DIDN'T aUIT LANKY BOB. 1@ Articles of Agreement Destroyed at His Request. NEW YORK, N. Y., Feb. 3.—There was an exciting scene in the’cafe of the Hotel Bartholdi to-night in which Bob Fitzsim- mons, Martin Julian-and a friend of Al Smith were the central figures. S The upshot of the matter was the ‘tear- ing up of the original articles of agree- ment signed by Corbett and Fitzsimmons on September 12 of last year. Juliande- stroyed the articles, v Al Smith, who is final stakeholder, sent the old articles by a friend to Julian to ask if they, as amended, were agreesble to aim, and if the clause in the articles rela- tive to the payment of certain money.dne sixty days prior to the contést was pitia- factory. The amendment, whichwas written on the articles outside this State, reads as follows: By mutual consent these articles are hereby changed to cover the contest set for March 17, 1897, to take place in the State of Nevada or elsewhere, under the supervision of Dan Stuart, JAMES J. CORBETT. Per WILLIAM A. BRADY. Fitzsimmons wishes to go on record as say- ing that he will be ready to fight Corbett at any place and time Dan Stuart may select on March 17, 18 (Signed.] MARTIN JULIAN, for Bop FITezrons. Julian, who was with a party of friends in the cafe of the hotel, read the amend- ments carefully and said that they were perfectly satisfactory to him. The gentle- man delegated by Smith 10 convey the articles to Julian placed the papers in his pocket and was about to leave when Fitz- simmons came in. He asked to see the articles. They were passed over to him and he read them. “I don’t approve of thosearticlesat all,” d Fitzsimmons, turning to Julian after he had tinished reading, “and I wish yon te tear them up.” Julian took the papers in his band and tore them in pieces, while Smith’s repre- sentative stood by, looking slightly embar- | rassed. He remonstrated, but 1t was too late; the articles were already destroyed.. 8o the only thing left for him to do was to take it good-naturedly and depart empty-handed. Later Smith and Julian had a confer- ence, and both said afterward that every- thing had been arranged satisfactorily. The articles destroyed will not affect the coming battle in Nevada. The articles governing the contest are in the posses- sion of Dan Stuart. After destroying the articles Julian said: “When those articles were signed there were five copies in existence. Four were destroyed; for what reason and by whom I do not know. I tried to secure a copy, but up to the present time was unsuccess- ful. Fitzsimmons is under $1000 bonds for signing articles in the State of New York, .and says he bas no desire for fur- ther trouble.” Julian will leave for Carson City on Sunday to select training quarters for Fitzsimmons. The latter will start for the battleground on Wednesday. “‘Bill” Edwards offered to bet $1000 to $800 that Corbett wouid defeat Fitzsim. mons. CRAIG AND FRARK 1N WARM DEBATE | Continued from First Page.] Francisco Board of Trade, were accredited delegates of that body. He read the fol- lowing letier addressed to Captain T. H. Barber, one of the pilots, ia proof of his sensational charge In reply to your question I willstate that the committee, composed of George Diekey and J. N. Knowles, appointed to confer with the Ship-owners' Association regarding a re- duction of piiotage, dues, charges, etc., is not au sppointment trom -the Board of Trade of San Francisco. This board has notappointed any committee for any such purpose. Yours respectiully, H. L. Sx1TH, Secretary. Craig n assumed the appearance of being threatened with & stroks of apo- plexy, and attempted to explain the pres- ence of these gentlemen’s names on the l San Francisco committee of commerce by | oot signed thedocument. saying they represented the Manufactur- ers’ and Producers’ Association. Frank led and landed again by asking who were the representatives of the Board of Trade. “I decline to answer,” blurted out the now thoroughly exasperated arnd confused insurance agent. Being courteously pressed for a civil answer to acivil ques- tion, he stated that T. J. Parsons and Mr. Esberg of Esberg, Bachman & Co., repre- sented the Board of Trade, despite the fact that the official communication from that organization distinctly stated that no such delegates had been appointed. Craig lost control of his temper entirely at this juncture, but was recalled to a calmer state by Chairman Gleaves of the Senate Committee on Commerce suggest- ing that he take a Sunday off and settle his personal differences. Craig pleaded to be recognized as being properly before the committee, and his prayer was granted, more to humor him than because of any impression.made on the committee by his representations. Frank then argued that the present pilotage system was no hardship on Amer- ican shipping, and showed by authentic statistics that less than 5 per cent of all the sailing vessels engaged in grain-carry- ing, coming ana going from San Fran- cisco, were of American register. He claimed that any reduction made in pilot- age fees would only be patting that much more money into the pockets of Ameri- can ship-owners. He showed also that the principal buslness of vessels owned in this State was the carrying of lumber, and that for more than a year past not a score of lumber vessels had sailed from San Francisco, while several hundred had sailed from other coast towns. He also demonstrated how the reauction of pilotage charges would benefit the foreign vessels now engaged in the coal- carrying trade between this port and Nanaimo, B. C., to the detriment of the American vessels bringing coal to this port from Seattie. “The present law,” be went on, *is working satisfactorily, except to few dis- gl’unlled ship-owners. 1don’timpute any ad intentions or bad faith to the gentle- man who is here advocating the new law, but I do think he is an enthusiast and has been misled. He has got into a fight, and if I mistake not a fight to him is as the breath to his nostrils.. I am afraid he is being carried off his feet.” - When the langhter that followed these effectively mollifying words had subsided be submitted the following letter, ad- dressed to one of the pilots, from a gen- tleman who, he said, had for years been master of one of the White Star_steamers and was now Lloyd’s agent at San Fran- cisco: Being requested by you to express an opin- ion 8s 1o the merits of the pilotage system and pilots of this port 1 beg to say ihat I consider your body as second to none in its standing and the sérvice good and sufficient, and [ am sure the pilots of San Francisco have bsen of great assisiance (o the shipping entering this POri on many occasions. 1 should be sorry 10 see its efficiency im- paired by any reduction in the income of the pilots of this port, whose duties are trying and hazardous, especiaily during the winter months, and I think experience generall shows thata service that is poorly paid will in time degenerate inio a poor service and so incrense the risk of entering this port, Which T take for grented is extremely und Iam, yours faithfully, . L METCALFE, Marine Surveyor. When Frank concluded, Craig again took the floor and read & petition from a number of San Francisco shipowners in favor of the proposed bill. He was askea why some of the most prominent ship- owners ard iargest payers of pilotage had Hizanswer was a tirade of abuse on those who bad de- clined to let an insurance agent be their spokesman in a matter about which he could not have, by reason of his calling, any practical knowledge. Senator Gillette asked Craig what the pilotage charges were in Boston, but Craig was not preparea with this informa- tion. ‘Instead he submitted the pilotage charges of such Insignificant ports as Piotou, Nova Scotia, Leghorn, some port in Iceland to which a ship possibly came twice a twelve montb, and others of equal unimportance. B It was developed, however, by inquiry among the members of the Senate Com- miittee themselves that Boston, New York and Philadelphia bad the same system and the same charges as San Francisco. In conclusion, Frank showed that there were over 100,000 tons of disengaged ship- ping in the harbor of San Francisco. He cited this to prove that vessels were not deterred in any cegree {rom going to that barbor by reason of the pilotage charges. 1t was now 11 ». M. and the committee, in hopes of being able to dispose of the biil to-night, went into executive session, but after sitiing for three-quarters of an hour, decided to let the matter go over until 3 ». M. to-morrow. TonE ’ EMMONS' CINCH BILL, Sturring Language Used by Its Author in Defending the Measure. SACRAMENTO, Car., Feb. 3.—Cinch bill No. 336 was the subject of prayerful consideration to-night by the Assembly Committee on Public Morals, Sig. Bett man chairman. The bills is aimed at the industry of breeding thoroughbred racing horses, and is in the interes: of the breeders of standard-bred trotting stock. Running races have become so popular by reason of the dash and excitement which attend the derby and other holi- day gatherings when contrasted with the cameness of trotting races, which often tause so much disappointment when the favorite breaks, that the trade in trotters, excent for the plow and saud-cart service, has langnished. ;i Mr. Emmons’ bill is ostensibly, with a diagram, designed to prevent gambling on horse racing by allowing horses to race in California during the summer for but thirty days at a time in any one county. From the first of December until the first of March, the season of the crack mud-runners, when crackerjack trotters irom Rakersfield are under a serious dis- advantage, no horses will be allowed to run in the mud of San Francisco or Ala- meda or on the alkali but fertile plains of Bakersfield, Emmons wept rhetorical tears over the vice of gambling. He argued, without choking or laughing outright,’ that the stoppage of racing during the winter season would prevent gambling, and pa- thetically mentioned as a fact that-at the Ingleside and Oakland racetracks twenty bookmaking firms each pay $100 per day to the manazement for the privilege of allowing sporting people to beton their fayorites. During the course of his remarks, Mr. Emmons mentioned the names of Daniel M. Burns, Adolph Spreckels, Thomas H Williams and Ed Corrigan man Bettman considered and when Mr. Emmons committes should ra‘rort favorably upon the bill, Bettman said that the committee would take no action until the gentlemen representing the San Francisco and Ala- meda County racetracks had a hearing before the committee. Bettman was very indignant over the matter and said to a CALL reporter after the meeting that he thought more of the gentlemen mentioned by Mr. Emmons than he did of the people wno favored the e OLD ‘SOLDIERS RECUOGNIZED, Veterana of the War to Be Ezempt From Tazation. BACRAMENTO, CaLn, Feb, 3.—Em- mons' Assembly bill 704, introduced to- day, reads as follows: Section 1. Every person who served in the army or nayy of the United States of America {uriog the period from the Lsi day of Jenuary, 1861, to and inciuding the 1st day of January, 1866, or any portion of said time, and who has been honorabl> discharged from the said ser- vice, is hereby exempted from taxation upon any and all property under the vaiue of §2300. Section 2 provides that where the prop- erty is above the value of $2500 only the excess of such value shall be taxed, SHACKLED AFTER A FIERCE STRUGGLE New Hops's Desperate Dual Murderer Landed in Prison. Thrilling Experience of Constable McCulloch, Who Made the Arrest. Fight for Lif: Turned in Favor of the Officer by the Arrival of Two Citizens. STOCKTON, Car., Feb. 3.—Sheriff Cun- ningham ana Constable McCulloch re- turned at about 11 ¢’clock this forenoon by train, bringing to the county jail Mur- derer Kleupfer, who is without doubt one of the most aesperate criminals that have ever been in custody in this county. The story of his capture is thrilling enough for the most blood-curdling of yeliow-covered novels. Constable McCul- loch showed himself to be a man of the bravest type, and it wus owing to his fearlessness and cunning combined that Kleupfer was made a prisoner. After the shooting the murderer walked up to the bar of the saloon from which he had been shortly before ejected and in a tone of bravado called for a drink. Robert Kirkland happened to be behind the bar in that moment of confusion and, bastily and nervously passing out a bottle of whisky, he told Kleupfer that he could have anything in the place. The asssssin took a big drink of whisky. Kirkland does not know how much he drank, but he was sure that it was good. measure. The murderer then went over to his own barrrom and reloaded his revolver. Constable McCullough wason his way back from Lodi while the shooting was go- ing on and he arrived at New Hope about ten minutes afterward. By that time Kleupfer had returned to his owr barroom anc, with pistol In hand, was waiting for whatever might nappen. McCullough entered the saloon, but he could not draw his zun and very discreetly left it in his pocket, for Kleupfer would have killed him the moment he entered the place had he made any show of fights, For nearly two hours Kleupler com- pelled the Constable at the point of a pis- tal to tend bar. At the expiration of that time Kleupfer and MecCullough found themselves sitting beside each other, about four or tive feet apart. Kleupter was next to the bar and the constable was sitting to his left. Kleupfer held his pistol in his left hand, pointing it at the officer. Nothing was said and both men were motionless. For a mo- ment Kleupfer took his eyesoff the otfi- cerand they seemed to droop. It was the first relaxation he had had for over an hour. It was just momentary, but long enough. Inan instant he'reeled from the chair, muttering *You’ve got me.” The constable had snatched his own pistol with his right hand from the front left side of his trousers, and, swinging his right arm from him, struck the muraerer a stanning blow just above the eyes. A big gash was cut and one of the eyes was badly discolored ana lacerated. Kleupfer was dazed, but only for an in: stant. He made a desperate effort to re- gain his feet, fumbling in the meantime with his revolver. But the officer, al- though a pretty old man, was agile and dextrous, and Kleupfer no sooner reeled from his chair than the officer was upon him, the two struggling for thelr lives on |- the floor. Just then two of the townspeople,named A. W. Fitzgerald and Walter Rutherford, came to the porch of the saloon, and see- ing the murderer and the officer strug- eling inside rushed to the Constable’s as- sisiance. Others also hastened to the scene, and soon Kleupfer was overpowered. He fought to the last with all his migbt ana main, not giving in while any strength was left him, and not being a bit affected by the hopelessness of his strugele. After be was handcuffed he stil! fought, and when Sheriff Cunningham and Deputy Wail arrived three men were exerting their full strength to hold him down. If he had broken away he might have done deadly work by striking right and left with the handcuffs. Alter his arrest the murderer said he inte::ded also to kill his two partners in business, Louis Landecker, a Bavarian, aad Cerf Coblentz, a Frenchman. ' The latter went to San Francisco yesterday, and the former hid when he heard what Kleupfer had done. JORDAN'S PLLi FUK STANFORD, Why the University Skould Be Exzempted From Tazation. SACRAMENTO, Car., Feb. 3.—Senator Voorheis is in receipt of a forcivle argu- ment from Professor David §. Jordan of the Stanford University on the subject of exempting that institution of learning from taxation. 1t will be utilized on the first opportunity by the recipient. communication, which is a model of terse. ness, logic and’ philosophy, is as follow: The basis on which the Stanford University asks exemption fronr taxation is that undey the law it is & public school and under the copstitution it ought not to be taxed. Stanford University is founded under an act of the Legislature which provides that its ag. dowment funds shall only be used for public education. The act prohibits sectarian teache ing, and provides that the institation shail be open 1o all alike and as neariy as may be {ree ©'The st furth e act further provides that if the trus shall not falthfully manage the trust tho srecs shall take direct possession of the iustiiution eand manage it as a State university. erties are thus held in trust for State purposes. By its foundation it is & public school, and comes within. the clsuse of the constitution reterring 1o the establishment of technical schools. - The position of its board of trustees 8s 8 quasi-public corporation fs further em. phasized by the fact thatunder the grant of endowment the Individual trustees are ro- movable by & State court of equity, and they are required o flle aunually with the Gover- ol € State & statement of their - tions for the year. e These {acts take the Stanford University out of the category of private Institutions and range it alongside the State University, ¢ sential difference being that it has wot an should not ask appropriation’s from tho State. The question of taxing private institutiong and denominational schools is another ques: tion. As to this Ineed only sey that Califon nia is the only State that taxes colleges. . No Community has ever suffered from the excel- lence of its schools, and every dollar the col. leges spend {a the Stato helpsits development re than a hun spen course of busine: TP e Iis prop- 4lleges Gross Carelessn, LOS ANGELES, CaL., Feb. 3.—William West has brought suit for $5000 damagy against Rice Brothers for alleged carel ness in furnishing gasoli~ _ instead of 0= sene, resulting in & lamp exploding and burning his six-year-old daugn make hera cripple. vl lo o Weak as a Mouse! Is that the truth about you—especially early in § the morning and after a little excitement? If it is, what makes you play the fool when you might act the man? Let the blood have a chance to go bounding through your veins once more and yowll find that full joy will come again. 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