The San Francisco Call. Newspaper, February 6, 1897, Page 3

| s THE SAN FRANCISCO CALL, SATURDAY, FEBRUARY 6, 1897. %] BLAMIE ML, THEY Y Report of Investigators on the Temporary Rell Scandal. RAID ON THE FUNDS OF| THE STATE. Assemblymen and Chief Clerk Duckworth Censured for Their Conduct. ILLEGAL MILEAGE ALLOWED BY THE COMMITTEE. Judge Waymire Presents en Individ- ual Report to Dismiss Duck- worth at Once. SACRAMENTO, CaL., Feb. 5.—Assem- | man Waymire, chairman of the special | investigating committee, presented the | following report: | The special committee ap- | nvestigate the 1$mMpOTAry organi- | Asscmbly have performed that | t their report. The orizing the investi- Speake ion aut | ows: Charges of a serious nature have relative o frauds said to have been | the temporary organization | Clerk of the Assembly, with complic said charges; ther ned by the Speaker of this Assembly to te all of said charces reiative to the | zation of this House and to Teport its ngs to this Ho Said committee shall 1 po na witnesses, admin- and such other for the full per- 1ster oaths, take testim powers as shall be necessar formance of their duties Under this resolution the power of the com- g its findings. 1e power £0 ex. t include the his we understand an opinion. bu redommendat lution was ndopted January 26, mittee began its work the the Assembiy has d all ou ssious and given nce in the cxamiuation of wil- Duckworth wes represented by committee has heard the testi- presence was | The reporter’s transcript one nd the exhibits aro sub- th and is referred to for in- Jation as to dotails The only statute concerning the attaches | 1ust be present at the orgunization of the | of the Poutical Code, nesses cous Mr. d the il witnesses whose mportant. ela secretary of the Senate, the minute clerk and sergesnt-at-arms of each House for any session must at the next succeeding ses- body perform the duties of their il their successors are elected and nuly tne inten! n of thislaw that | aniy the chief clerk of the Assembly, the min- ute clerk and the sergeant-at-urms of the As- | s om one session 1o quired to attnd and are mileage. No other at- taches have any claim to mileage. It is also closr that the law contemplates that these of- ficers snovld ordinarly be sufficient to organ- he Assembly. does however, exoressly employment of other &ttaches, anc the custom of the Assembly for mar ploy sdditional help. oved hes increas s for 189 rohibit the it has been | vears to The number so em- d ‘each sesston until the show & total of twenty show forty-nine. A in- he actusl work tobe done at the { tne Assembly convinces us owing would be an ample force: f clerk, chaptain, minute clerk, sergeant- s, One AssIStant Sergeant-at-arms, posi- mail-carrier, three gatekeepers and Their total per diem mistr five pages 1 that at the organization of the pres- bly the chief clerk appointed at- liows: i Assistant minute clerks...... Clerk 1o sergeat arms. Engrossi 4| Assistant 15 clerks Postmistress. Assistant postmis- trese. Porters. i Bookkeeper 10 ser- geunt-at-arms...... Lapiain Janitr ss. ... Watchmi Elevator attendants. Electrician Gatekeepers. @ Eat & clerk. engross: ap STTRNOrS o) (e senger 10 rincer. . 1 Po-ition not desi- pated (ills Bate man).. The total amount allowed for per diem was $8961 sleage other than to statu- ry off 10. As acready stated, we | find that fifteen atteches—twelve in addition 10 the three statutory officers—would have been ample and the nggregate of the per diem at this session Total TTY chief clerk, sergeant-at-arms and minute clerk. the necessary additional at 50 wes sufficient and all that should have been paid. We find, therefore, that $3215 10 has been paid out'in excess of the sum actually neces. sery. None of the attaches should be paid for more time than they serve. It has been a custom to eliow per diem for an entire week on the plea that the attaches come 1o the Capitol at a sac- rifice of time which makes it proper. There is | 10 justice in this claim. The statute only re- qunires tnree officers to attend and there is suf- | ficient compensation 10 them for the time oc- cupied in coming and going in the mileage allowed by which exceeds the actual tray- expenses. Tne other attaches are not re- o right to ask pay for extra time. of fact, they usually come to seok | iis connection we must say that the | n Mileage, in our opinion, was grossiy negligent, not only in recording imileage but aiso in recommending the pay- ment of a full week’s pay to ail the attache: Tt was lts duty to diligently inquire into sl the facts, as iis report was designed to guide the Assembly. Had it made vroper inquiry of Dy experienced member it would have ul once discovered the illegnlity of the surplus ap- pointments, and would have prevented the ev quences resuliing. We feel it our duty lso fo sey that all the members of the Assembly who voied for the adoption o the report of that committee are cenzurable for their negligence. Had they given the maiter the proper attention they would have learned that ihe report was wrong, and that the payments recommended were withont any justification whatever in so far as the exc: appointments were concerned. Itisapparent thet those who had previously served in the Legislature are more 1o blame 1nan those Who were just entering upon their first experience. The testimony shows thata yortion of the &itaches were appointed with ihe knowledge and at the request of the mem- bers, as follows Frenk Barnett by Leavitt. J. L. Oliver by Wright. H. A, Jackson and I Erb by Kelly. Een Martin by Caminettd. James Devitt, M. Arouson, J. Wintringer and C. Ewing by Henry. J.C. Cross (at request of Cross) by Vesburg. James Bowen and S. H. Wilson by Breiling. Donald Brage by Dibbie. W. J. Keating by H. H. North. John Wise by J. W. Power. E. AL Richardson and Mrs. W. Sampson by Valentin, l“\\. 1. Rice (at request of Bettman) by Har. T. Smith by Dola: W. E. Kingsbury by Kenyon. F. C. $myth by Chvnoweth. A. H. Smith by Belshaw. 8. Visher by Jones. . G. Duckworth by Trency. corge North by A. W. Norih. W. Levinson and E. Sueridan by Denner: Pr‘)‘l.’euu“m:k’ W. Hopkin nd W. 8. Slfle; by J. Brooks by Bettman. Charles Forbes by Senator Voorheis. Ray Byrou by Arnerich. Jones admitied that in the cases of J. P. De- vine, A. A. Friedlander, Voorsanecer _uml R. Blakeston he authurized them to use his name, We think the members who requested ap- pointments or lent their names to justily them are specially deserving of censure. Yet it is 10 be said in tneir defense that they had a right to make requests for appoiniment: knowing that some should be made, and that they had & right to presume the chie! clerk woud do his duty and make no more appoini- ments thun were sctua'ly necessary lor the ublic service. With much more force it may said in defense of all the members that they were occupied larzely in the considera- tion of the Senatorinl contest and in the ex- amination of the numerous and voluminous printed reports of public officers preparators 1o the commencement of their legislative la- bors. While thus occupied they had a right to trus: th the organizition. He had nothing to do vut to organize the House. His mind was free trom other cares. He had been a member of the Legislature, and had served as chief clerk at the last-ession. It was fair to presume that he was familiar with tne duties of his office, ana would honestly We are of the o chie: perform them. inion, and so find, that the clerk deliberately and intentisnaliy ap- ed the aforessid unuecessary attsches. He offers no excuse for his conduc?, except the desire to reward the persons appointed for their political services. He has even declared to representatives of tiis press thatif the law is not changed, he will &t the nextsession of the Legisiaturé pursue the same course, even 1o the extent of exhausting the contingent fund of the Assembly by appointing, if re- quisite for that purpose, 1000 attaches. This is the unforiunate culmination of a bad practice, which has increased session afier session, 'In_consequence of the importunities of peopie Who cowe to 100k upon _politics as & trade—a_means of gaining a Hving. They seem 1o forget that the members of the Legis- latare are but the people themselves, as sembled in their Tepresentative capacity for the purpose solely cf legisiating for the common good of the wholc State. They disregard the fact tiat representatives are trustees. and have no right 1o expend one dollar of the public funds without o fair equivalent in service or material; that every doliar paid out from the public trensury for an unnecessary servant is money deliberately perverted in violation of a sacred trust. They work for their party, it is true, but bould, if they are gooa citizens, do so be- cause they believe thut the success of their PRty 1S necessary to good goverument, in | which they, as well as others, are concerned. In other words, they work for when they work for their party. The chief clerk is & man of unusual intelli- gence, and no one understands better then he how 'indefensible is his conduct. We are Lappy 10 suy that the evidence does not dis- close any attempt on his part 10 profit finan- cially by his appointments; but this fact by no means jusiifies his couduet. By ihe un- necessary sppointments he has made he has euable rs to abstract from the public i1y & large sum of money which it will be difficult if notimpossible to recover. His example, if unrebuked, would be imitated by others in the future, and this disgraceful abuse, instead of being stopped at ouce and forever, as it should be, will go on increasing until the evil effects are feit in other depart- ments of he public service. It is not neces- sary to multiply words in condemnstion ot hisaction. While we believe a complete rem edy will require lezislation, either in smend ment to the statute or of the coustitution, or both, we think also that it is necessary that the one who, by showing himself unworthy of the trust reposed in him, has brought about tuis unforiunats state of affairs shouid be made to suffer. As we have already stated, we find no authority in the resolu which we are acting 1o authorize u mend any specific punishment, xnd w leave that to the judgment of the House. We are also of the opinion that steps should be taken to recover from the &itaches now in the service all the mileage paid them, and we pecially call the attention of the House to the case of Mr. Hocking, to whom Las been paid the sum of $117 60 for mileage. He is now acting in the capaciiy of bookkeeper to the sergeant-at-arms. Waymire, on behalf of himself indi- vidually, and not as a member of the com- mittee, introduced the following resolu- themselves recom- must The committee heretofore ap- pointed by this Assembly to investigste the irregularities attending the temvoray organi- zation of the Assembly have, after a patient consideration of all the facts, found that 100 atiaches in excess of those ac- tually required were appointed 1o mssist in the temporary orzanization, thereby leading to an unnecessary expenditure of $421580; and whereas, said committee has also found that the said atiaches were de- liberately and intentionally appolnted by the chief clerk with the knowledge that they were not uecessary, and for the avowed pur- pose of rewarding ihe persons so appointed for party services; and whereas, the said com- mitiee has jurther found that the chief clerk has declared that unless the law shali be changed he will at the next session of the Legisiature appoint enough attaches at the temporary organization to exhuust the con- tingent fund of the Assembly, even if. for that | purpose, it be necessary to aproint thousand | attache ; now therefore, be it Resolved, That in the opinton of the Assem- bly S.J. Duckworth, chief cierk of the Assem- bly, is guilty of a Violation of the trust re- posed in him; that it is unwise to continue him in office, and that he is hereby removed from office from and after the passage of this resolution. Neither the report nor the resolution was read to the House, there being evi- denced a disposition on the part of the majority to dispense with the reading thereof. It was decided to have both printed in the journal to-morrow morn- ing, and to make them the special order for next Wednesday at 2 p. M. - IN SENATE AND ASSEMBLY. Matters of Farious Kinds Considered by Lawmakers. SACRAMENTO, CaL, Feb. 5.—During the morning session of the Sanaie to-day the following bilis were passed: Duwyer's labor bill, Boyce’s measure pro- | | viding for the employment of a specialist Sert's in sociology. the Torrens land act, bill making State and legal holidays the | | { | same and Bert’s bill regarding legal holi- | | days. 5 The feature of the morning session wa a speech by Senator Bulla in advocacy of the Torrens land act. The bill provides for the issuance by the courts of ceriifi- cates of titles to property, obviating the | necessity of employing experts to search | the records whenever a sale or transfer of | property is made. When such a sale or transfez of property is concinded a new certificate shall be issued baving the idity of the original title, and by which uture sales or transfers can be effected. In the afternoon the following bills Wwere passed: Assemoly bill No. 306, exempting rail- roads whose property was atove the alti- tude of 5000 feet from operating during the winter season: North's bicycle bill; Senate bill No. 45, Jimiting the tec. nical grounds for reversals of judgments by the Supreme Court; Senate bill No. 310, pro- tecting noming 178, relating 10 voluntary dis<olution of corporations; Senate bilis No.3275 and 276, regulating the collection of tolls on bridges and Senate bill No. 189, prohib- iting judges appo.ating relatives as re- ceivers or referees. Several Senate bills on third reading file went over in the absence of their authors, Braunhart spoke at length oa his bill requiring the appointment of one ap- pra.ser for estates instead of three, which had been unfavorably reported by the Judiciary Comnmittee; but when Simp- son commenced his attack on the bill Mr. Braunhart withdrew it with the consent of the Senate. The Committee on Enrollment reported that Private Secretary McCabe had in- formed them of the Governor's refusal to sign_Senate joint resolution 8 asking for tariff reform on_ aspuaitum for the reason that the secretary of the Senate had no official power to communicate with the representatives in Congress. The resolution was referred to the Com- mittee on Executive Communication. The first business taken up by the As- semoly this morning was the bill provid. ing for the appointment of a Debris Com- missioner, who was to direct the cxpendi- ture of the appropriation made for the purpose of carrying out the provisions of the bill. It was recommitted to the Committee on Mines and Mining, with the request that a substitute be drafted. Subsequently the substitute bill was reported and mude a special order for Tuesday. Shanahan’s biil providing for theamend- ment to the Civil Code concerning the re- demption of property sold on execution was passed. The house then went into committee of the whole to consider Sims’ measure, pro- viding for the appointment of an auditing chief clerk to aitend 10 the details of | on under | geons; Senate bill No. | board to the Commissioner of Public Works and the appropriation of $300,000 for the purchase oi a dredger, tools, etc., to be used in the im provement of channels. An amendment striking out the clause making the Governor an ex-officio mem- ber cf the board was agreed to. Assemblyman Cutter then movéd that {he bill be made a special order for Thurs- | day. and after some opposition on the part of Dibble the motion was carried. | The San Francisco delegation reported favorable substitute bills on the 2}¢-cent streetcar fares aud the salaries in the | Police Deparument. The bill to allow San Jose to erecta high-school building on the Normal School grounds was unfavorably reported. The University of California tax bilt passed toa third reading and was made a | special order for Mouday at 2 p. M. Upon being reported back the county | government bill was ordered withdrawn as recommended by the committee, | Assembly afternoon session—The fol- | lowing Assembly bills were passed this | afternoon: | No. 22, establishing a system of street | improvement bonds; No. 454, protecting | stockbolders of mining companies; No. 40, constituting a law on estrays; No. 68, establisbing fees for county and_township | officers, jurors and witnesses; No. 6, au- | tuorizing the appoiniment of a Japanese interpreter for criminal proceedings in cities of over 100,000 inhabitants. ‘When Dibble’s bill raising the salaries of Judges of the Superior Courts of San | Francisco to $6000 came up North asked to have the enacting clause struck out. After | several similar amendments had been of- fered and voted down the bill went to vote and was lost—ayes 18, noes 42. Dib- | ble then changed his vote and gave notice of a wotion torecons der. The Duckworth iuvestigation commit- tee made a report which reviewed the | resolution authsrizing an investieation. The report stated that the only suthority conferred upon the commitiee thereby was confined to reporting its findings and including an expression of its opinion. It was found that the law authorized only the chief clerk, minute clerk and sergeant- at-arms to hold over, but does not pro- hibit additional atiaches. The defect cannot be remedied except by legislation amending the statutes or constitution, or both. The report states that additionat | help is necessary, but that & force, num- | bering fifteen, with a per diem of §74, was sufficient; and contains a list of men em- ployed by Duckworth, expressing the be- Faf that ihe responsible party should not 20 unrebuked The committee recommends that steps should be taken to recover from ths at- taches now employed all the mileage paid to them, and calls particular atiention to the case of Mr. Hocking, now bookkeeper to t e sergeant-ar-arms, who was paid {su7. ‘ The report of the committee was fol- lowed by two resolutions by Judge Way- | mire, one of which provided for tue col- | lection of mileage paid to the appointees and the otner charging Duckworth with deliberately making appointments to pay pariy debts and referring to. his threats regarding the appointment of a host of attaches next session. Waymire con- cluded with u resolution finding Duck- worth guilty of misusing trust reposed in him, consequently it is unwise to con- | tinue bim in office, “and he is hereby re. moved from office.” The resolutions were m=de a special order for next Wednesday. Kenyon offered a report from the com- mittee on contested elections. consisting of a resolution dismissing the Hoey- Power contest, which was adopted. it CONCERNIAG ESTRAYS. A4 Rill to Make Matters FEasy Be ween the Finder and the Owner. SACRAMENTO, CAL., Feb. 5—Linden- | berger’s Assembly bill 40 has been amend- | ed and provides as follows: Any person | taking up an estray animal shuil witbin | five days file with the County Recorder a | | notice with full descrivtion of the marks | brands, etc., of the estray. together with the probable value of the animal. Within | twenty-four hours thereaf:er the Recorder | shall forward a copy of the notice, with 25 | cents, to the County Recorders of the ad- | joining county or counties. The Recorder | at_the same time shall collect from the | taker-up §1 and for each copy forwarded 25 cents. At any time within thirty days after | filing the notice the clzimant of the estray shail appear before a Justice of the Peace | of the township in which the animal was | tound and make his claim. The Justice | shall notify the taker-up and within five | days shall hear evidence of ownership and possession and shall determine the com- vensation to be paid the taker and the cos e taker-up shall receive 15 cents per for the keeping of each horse, mule, ass, cow, bull, ox, steer or calf; |5 cents per day for eacn sheep, goat, | hog or other animal, provided that the finder may voluntarily deliver such stock l to the owner thereof upon receipt of costs and compensation. Should the owner not appear and claim the animal within thirty days the same bmmu be sold by the constable by public auction, as under execution and be shall receive the same fees. After the pavment of the constable’s fees the finder shall be paid bis costs and compensation, or so much as the receipis of the saie shall permit; the surplus to be paid to the owner, who must apply for the same within vne vear, other- wise it will be paid into the common schooi fund of tue county. The taker-up shall use reasonable care to preserve the same from injury, but if atany time before the expir. time specified in this act the taker-up shall !not be held liable in any mauner or| e | | account of such animal. l O¥ FURLCLOSUKE. An Act to Protect the Bankrupt Rancher From Financial Sharks. | SACRAMENTO, CaL., Feb. 5.—Wright's | Assembly bill 686 is designed to protect persons whose property shall be sold un- der foreclosure of mortgage. Under the law as it now stands if the property does not produce sufficient to pay off the prin- cipal, interest and costs the deficiency stands as a judgment against the debtor. The bill now b fore_ the Judiciary Com- | mittee reiteves the debtor from loss by reason of depreciation in land values, etc., | and obliges the lender to bear the loss, | The bill reads as follows: Section 726. There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real | estate or personal property, which action must | be in_accordance with the provisions of this | chapter. In such action the court may, vy its | judgment, direct a sale of the incumbered [ property (or so much thereof as may be neces- | sary), and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale and the | amount due to the plaintifi. If it appears from the Sherif’s return that the proceeds are insufficient, or that a balance still remains due, no ' judgment can be docketed for 'such balance against the defend- ant or defendants personally, nor shall the mortgagee be given any recourse against such defendant on account of such debt 0 secured by mortgage, but i all cases where a creditor takes auy property as security for a debt, he shall, in "case of de- faultin payment of such debt, be confined to such property or the proceeds of its sale for the satisfaction of his ciaim or demand. No person holding a conveyance from or under the mortgagor of the property morigaged, or having a ien thereon, which conveyancé or lien does mot appear Of record in the proper office at the ume of ¢ mmencement of the | action, need be made a party to such action; and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such_ unrecorded | conveyance or lien asif he had been made a party to the action. et DISABLED FIREMEN, 4 Bill to Provide n Fund for the Kelief of Volunteer Firemen. SACRAMENTO, CAr., Feb. 5 — The Committee on Municipal Corporations in- troduced in the Assembly to-day bill No. 743 providing & minimum compensation of $10 per month. The municipal au- thorities shall in the annual tax levy set apart an amount equal to $5 per head for each active fireman on the roll, of six i | any estray animal or animals die or escape | on of the | months' standing prior thereto. This shall be placed in the treasury and paid to parually or totally disabled firemen in the performance of their duty, in sums not to exceed $.0 per week for tweive con- secutive weeks; provided, that in case of permanent aisability the board may in its discretion allow to such tireman an additional sum, Dot 10 exceed $30 per year. e JUDGEN SALARIES, 4 Bill That Will Interest the Ermine Inroughout the state. SACRAMENTO, CAL., Feb. 5.—Strain’s Assembly bill 676 changes the salaries of Judges of the Superior Courts. 1t reads as follows: The annual salaries of the Judges of the Su- perior Courts of the City and Courty of San Francisco, and the counties of Alnmeda, San Joaquin, Los Angeles, Santa Clura, San Mateo, fuba and Sutter combined, Sacramento, Butte, Nevada, Sonoma, Colusa, Monterey, Santa Bar- bars, San Diego, Marin, Mendocino, Tehama San Bernardino. Kern, Placer, Humboldt, Tu: lare, ¥resno, Soluno, Yolo, asta and Contra Costa are $4000 each: of the Judges of the Superior = Courts of the counties of Amador, Calaveras, Stanislaus and EI Do- rado, $3500 esch; of the Judges of the ' Superior Court of the county of Santa Cruz, $3000; of the Judges of the Supe- Tior Court of ihe counties of Del Norte and odoc, $2400 each; and of the Judges of the Derior Court of the county of Alpine, $2000 rannum; one-half of which shall be paid BV the Staté and the other half thereof by the county of which the Judge is elected or ap- pointed, except ihat in the counties of Yuba and Sutter one-fourth of the salary of the Su- perior Judge shall be paid by each county. —_—— COUNTY HIGHWAXS, Supervisors May lsxue Bonds to Raise Money to Build Them. SACRAMENTO, Car., Feb. 5.—Cami- netti’s Assembly bill 764, introduced to- day, authorizes Supervisors in each county to define what shall constitute county highways. All highways connect- ing the several towns and cities in a county and leading therefrom to the county buundary shall constitute county highways, except such as may be declared State highways. County highways shall not be more than sixty feet nor less than thirty feet wide. In mountainous regions such highways may be less in width, but must be wide enough through their whole length to permit teams to pass each other. The gredein no case shall exceed a certain number of degrzesto be here- after put into the bill. Supervisors are ordered to call a special election for the issue of highway bonds | when so petitioned by 20 per cent of the qualified electors voting at the last general election. Wl L WILD BIRDS, An Attempt to Protect Them From the Gunv of Hunters, SACRAMENTO, Can, Feb. 5—Burn- ham’s Assembly bill 755, introduced to- day, provides that wild birds shall not be killed or caught at any time, or possessed after they are dead. This bill does nou affect game or otber birds for which a closed season has been made by the game laws, and it oes not protect the English sparrow. The eggs of wild birds shall not be offered for sale or or the nests robbed or destroyed, unless when necessary to protect buildings or prevent their deface- ment. Certificates may be granted by a uni- versity, college or incorporated society of natural history in this State to any prop- erly accredited person 1o collect birds, their nests or eggs for scientitic purposes only. A’ fine of $25 ior each of the act. Bill Introduced in the Assemdly by the San Francisco Delegaiion. SBACRAMENTO, Car, Feb. 5. —The San Francisco delegation introduced to- day Assembly bill 7il, regulatine police salaries in municipalities of the first class as follow: Chief of Police, $5000 per annum., Oaptain of detectives, $3000 per annum. Clerk to Chief and Commissioners, $2500 per annum. Property Clerk, $2500 per annum. Fifteen detectives, $1800 per annum. The act also provides that upon petition of the Chiet of Police to the Supervisors or City Conuncil such body may au- thorize the Chief to detail additional po- lice officers to perform detective duty at $1500 per annum each. —— e STREELCAK FARES. Another Twor and a Half Cont Bill In- troduced in the Assembly. SACRAMENTO, Car., Feb. 5—Maulk crevy to-day introduced Assembly bitl 740, requiring street railroads 1n munici- palities of the first class, between 6 and 8 o'clock in the morning and 5and 7 in the evening, to charge only 215 cents fare. Tickets may be sold in lots uf sixty or less to one person. Any person during those bours may receive his change in tickets at 234 cents for each ticket, not exceeding sixty. Short-Neight Butter, SACRAMENTO, Car., Feb. 5—Dairy- | ° I\ seema that Mr. Kellett, who is an un- men will be equally as well pleased as the | consumers with Assembly bill 767, intro- duced to-day by Harris. It vrovides that any person offering butter for sals, either in roils or squares, not of the full standard weight of two pounds avoirdupois, shall be guilty of & misdemeanor. It has been the custom for certain dealers t0 order dairy- men to make their rolls of butter not to exceea a pound and a hall or a pound and threequarters each. Thedealer buys them by weight and sells them by the roll, re- presenting them to be two-pound rolls, thus defrauding the buyer. e Corporation Taxes. SACRAMENTO, CaL, Feb. 5.—Burn- ham introduced to-day Assembly bill 754, providing that each intended corporation named in section 201 before filing articles of incorporation must have actually sub- scribed to its capital stock for each mile of the contemnplated work the following amounts: One tuousand dollars per mile of rail- road. One hundred dollars per mile of tele- graph. Three hundred dollars per mile of wagon roads. Two hundred dollars per mile of tele- phone lines. e Potsoned Food. SACRAMENTO, CaL., Feb. 5.—Dibble introduced to-day Assembly bill 759, pio- hibiting any person having or offering for food or drink, to be eaten or drunk by any human being, any poisonous, deleterious or unwholesome substance. The bill pro- hibits counterfeiting or labeled misrepre- sentation. Owners or others In control of any build- ing shall not allow any part thereof or any substance therein, etc., 1o continue or remain in a condition dangerous to life, health or safet; e —— Rhittier’s Appropriation Cut Down. SACRAMENTO, Cir., Feb. 5.—The Committee on Prisons and Reformatories met this evening to consider the bill for an appropriation of $110,000 to the Whit- tier Eelorm School. ‘I'reacy of San Fr. cisco objected to the amount, and said that it was not necessary. It was cut down to $36,000. ——- To Abolish the Commission. SACRAMENTO, CaL., Feb. 5.—At the meetine of the Judiciary Committee to- night it was decided to make a favorable report on the bill abolishing the Code Commission and the measure reducing tbe fees of Public Administrators after 1898, —_— No Japanese Interpreter. SACRAMENTO, CAL., Feb. 5.—Dibble of 8an Francisco this afterncon withdrew his bill asking for the appointment of & bird killed or | trapped will be the penalty for a violation | | | Japanese interrrater in the police courts of San Francisco. He did so because of the opposition enc untered by the bill. Hesaid that he had read in the news- payers that Mayor Puelan had denounced the bill as creating an unnecessary office. Judges and otber officials interviewed by reporters stated that they were opposed to the bill. —_——— Train Kobbery. SACRAMENTO, Car., Feb. 5—A bill amending the present law punishing train robbery or train wrecking, was presented in the Assembly to-day by Belshaw, and is numbered 7:6. It provides that the culprit shall be punished with death or life imprisonment, at the option of the jury; provided, that in all prosecutions under this section, any one or more of the acts enumerated herein, may be charged in the same information or indictment. il " Benevolent Corporations. SACRAMENTO, Car., Feb. 5.—Burn- ham iptroduced Assembly bill 751 this morning, amending tille XII, division 1, part IV of the Civil Code defining benevo- lent coxporations, #0 as to define benevo- ient carporations as ‘‘Corporations or- ganized for purposes other tuan pecuniary profit.” IS THE |INDIANA A FAILURE? Y The New Battle-Ship Put to Another Test With a Squadron and Has to Return to Port. WASHINGTON, D. C., Feb. 5.—What may be represented to foretgn Governments as an jenominious failure of one of the crack vessels of the new navy receives an explanation which navy officials of ex- perienge regard as satisfactory. The re- turn of the battle-ship Indiana to Hamp- ton Rogds to-day after having been at sea with Admiral Bunce’s squadron bardly twentyvfour hours was due to the same turrets” which got i0ose in a storm last fall, when Captain Evans commanded the ship in\the evotutions off Long Island. On that occasion the big guns project- ing from the turrets swung back and forth across the decks as the ship heeled over on her beam ends in the sea, and the gravest fears were felt that the mnzni'acent vessel would ‘“‘turn turtle” and godown. Captain Evans hove her to and lagbed the guns temporarily, which enabled him to reach port, and then sev- eral manths were spent at the navy-yard in trying to remedy the aefect. Captain Evans was succeeded in com- mand by Captain Taylor, formerly of the war college, and yesterday was Captain Taylor's first experience for some time on an armbred shio that has earned a repu- tation for wallowing, and it is understood thatthe long rollers following the recent heavy gale made themselves felt on the ship wien the fleet got off Hatteras. If she had not been restricted to squad- ron tormation Captain Taylor might have headed\his course into the seas, but asthe New York with her high free board and notable stability was setting the course, and asithe Indiana could not safely stay with tHe fleet she was permitted to return. If her turrets had broken loose off Hat- teras the ship might have been lost. The Navy Department gave out the fcl- lowing statement regarding the matter this afternoon: “The:Indiana returned to-day to Hamp- ton roads, having made a run with the squadron. When she went out this time sue had with her a new locking device for her turrets, lately put on at New York, and which was intended to remedy the trouble she had the last time she put to sea in heavy weather. This present de- vice hgs three times the strength of the formerone. Very properly the officers of the ship have been cautious and observant as to ity workings, and she has returned to the Roads for a further inspection of it and possible readjustment.’’ The department expects to have the In- diana again at sea in a few days. st iihdy ONLY A "TRIVIAL AFFAIR. The State Depariment Receives a Report From Minister Barrett of the Kellett Incident. WASRINGTON, D. C., Feb. 5.—The State Department has received a full re- port of the Kellett affair at Chieng Mai Siam, from Minister Barrett, which indi- cates that it was only a trivial affair, greatly exageerated in importance and al- together that a mountain was made from an exceedingly small molehill. It appears that there has never been any occasion for sending a United States | runboat to Siam on this acccant, and cer- tainly no additional ship will be sent; nor is there any anticipation of the slight. est strain in the relations between tnis c. untry and Siam. paid official, appointed by the Consul- General, bad sent two of his native ser- vants at night to post a letter and one of them carried a cane, contrary to law. He was arresied and taken to jail, where Mr. Kellett proceeded and endeavored to rescue. the prisoner without formality and inthe resistance offere by the ser- geant Mr. Kellett was struck about the head and had his face scratched. Later in the evening the servant was released by the Siamese Commissioner, who sent a servant to inguire after Mr. Kellett's injuries. Mr. Kellett said he had no reply to make untii he commu- nicated with the Minister at Bangkok about the insuit that had been offered him. No doubt held at the State Depart- ment but that the affair has been satifac- torily arranged before now, the depart- ment taking no action whatever. bl A THIEVING BANK CASHIER. After Thirty-Four Years' Service He Quits $12,000 Short and Mysteriously Discppears. BETHLEHEM, Pa., Feb. 5.—For fifteen years Cyrus E. Breder, cashier of the First National Bank of Bethlehem, has-been re- garded as an upright and honorable man, but his honesty was a cloak, and he is now a fugitive from justice, with a short- age in his accounts at the bank of $12,430 86. When the First National Bank was organized, thirty-four years ago, Breder begin with it as a clerk. By steadiness and capacity in fourteen years he had worked his way up to cashier. For five years, after becoming cashier, he appears 10 have been perfectly honest. Then be took & nominal sum of money with the probabie idea of returning it. It was the old tale over again. He never returned the first money taken, and throughout the last fifteen years has been taking: smail su at a time until his shortage reaclied over $12,000. Hopeless of ever b:ing able to replace the sum, and probably knowing that de- tection could be little longer avoided, Breder last Tuesday told his wife that he had resigned from the bank and was going to New York to accept @ position there. Since then nothing has been heard of bim. His absence from the bank ied to anin- vestigation of bis accounts, and it only took an accountant an hour to-day to dis- Soveriba rxiantofthe absconding cash- ier’s peculanions. Breder received a salary of $150 & month R gt Jhe Dolphin Urdered South. WASHINGTON, D. C., Feb. 5. — The Dolphin has been ordered to Charleston, 8. L., to join Admiral Bunce's fleet there. She will arrive on Sunday, i the AMENDMENT T0 CONTEMPT LAW An Interesting Measure Is Introduced in the Legislature. Pilaces Sta‘e and Federal Courts on the Same Plane as to Criticism. - Judge Catlin’s Ruling Causes Action by the Free Press Defense League. SACRAMENTO, Car., Feb. 5.—There was introduced to-day 1n both houses of the Legislature the following constitu- tional amendment: Section 9. Every citizen may freely spea writeand publisn his sentiments on all su jects, belng responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. [No sneech or publication reflecting upon or concérning any courtor any oflicer thereof shall be treated or punished as & contempt of court, unless made in the immediate presence of such court while in se sion and in such & manner as to actually interfere with its proceedings.] In all ecriminal prosecutions for libeis the truth may be given in evidence to the jury: and if it shall appear to the jury that the metter charged as libelous is true and was published with good motives and for justifi- able_ends, the party snall be acquitted, and the jury shall have the right to determine the law and the fact. Indictmeuts found or infor- mation iasid for publications in newspapers shall be tried in the county where such news- pavers have their publication office, or in the county wnere the party alleged 1o be libeled resided at the time of the alleged publication, unless the place of triul shall be changed for good cause. The amendment consists of the follow- ing inserted in the preseat law: No speech or publication reflecting upon or concerning any court or any officer thereof shall be treated or punished as a contempt of court unless made in_the immediate presence of such court while in session, and in such a manner us to actually interfere with its pro- cecdings. This 1anguage is the gist of the Barry contempt law of 1891, and is an exact copy of the Federal statule now governing all the Federal courts of the United States. 1t would seem, therefore, that no reason- able objection could be offered toitasa law for the government of the courts of the State of California. The measure was formulated by the Free Press Defense League of San Fran- cisco, of which Hon. James G. Maguire is president and James H. Barry, editor of the Star, secretary. The necessity for the introduction of this constitutional amend- ment at this time is indicated by the fol- lowing statement of facts: Judge A. P. Catiin_ of the Superior Court of Sacramento County, in a recent decision_fining the editor of the Sacra- mento Bee $500 for a criticism of the court made in the newspaper, declares that the Barry contempt law of 1891 is un- constitutional. An appeal in the matter was taken to the Supreme Court of this State and a de- cision, under the ninety-day rule, is due this month. It is highly probable, how- ever, that such a decision will not be given until after the adjournment of the Legis- lature, and that, if 1t upholds the view of the law taken by Judge Catlin, there can be no protection for newspaper pablish- ers or the public generally in this matter of contempt until the convening of the next Legisiature. The action of Judge Catlin, as above referred to, drew forth an almost unani- mous expression from the pressand the public of this State, which resulted in reorganization of the Free Press Defense League of San Francisco (which obtained the passage of the original Barrv act) and the formulation by it of the present measure. It covers fully the ground, insuring ample protection to every citizen who criticizes the acts of a Judge, whether he does it by speech or through the newspaper, and it should, therefore, meet the hearty support of those who have already expressed them- selves on this subject. More Trouble Brewing in Oklahoma, GUTHRIE, O. T., Feb. 5.—There are indications of serious trouble at Mangum, Greer County. The bill recently passed caused a grand rush, and every lot not occupied by a building has been “jumped” and is being held down by men with Winchesters and six-shooters while the original claimants who laid out the town under the laws of Texas are making ugly threats. DR Express Office Robved of Silver Bars, ST. LOUIS, Mo., Feb. 5.—A special from Durango, Mexico, says that two bars of refined silver, valued at $10,000, were stolen yesterday from the office of Wells- Farwo express, in that city. The employes claim it was stolen while the office was closed. There is no clew to the robbers. JOY’S INDORSED. Theodore St cke Declares Joy’s Did Him a World of Good. Joy’s Sarsaparilla Will Cleanse the Blood. Mr. MR. T. STACKE. Mr. T. Stacke lives at the Santa Rosa Hotel, corner Fourth and San Pedro streets, Los Angeles, Cal. He has used several bottles of the native sarsaparilla, and is now convinced Joy's Vegetable Sarsa- parilla 1s best, ‘“for," said he, “‘when I be- gan using the Sarsaparilla I had a desire torestall the time. My blood was dis- ordered, my tongue coated. At times, just for a moment, my head swam; I was not the least bit dizzy. Iknew my needs and determined to use a bottle of Joy's Vegetable Sarsaparilla. [ easily procured the first bottle, and after using forsixdays felt better in every way. When I bought the second bottle I had a little troubie in getting it. The drug clerk tried to talk me into using something else. I knew what I wanted and insisted on getting Joy's Vegetable Sarsaparilla. I am heartily glad [ bought the remedy and will gladly recommend it to any one. Joy's is cer- tainly fine.” Don’t let the drug clerk talk you intobuying something else for Joy's Vegetable Sarsaparilla, | ¥eil sireet. NEW TO-DAY. CATARRH Is one of the most common and most an- noying ailments that afflicts American people. It is an inflammation of the mu- cous membranes, either of the head, throat, stomach, bowels or bladder. The most common form of catarrh is in the head. it isattended with many repulsive features, such as copious discharges from the nose, an offensive breath, constant hawking and spitting and a variety of other symptoms too well known to re- quire detailed mention. Catarrh if neg- lected becomes chronic, and in itschronic stage it is dangerous, as it very often leads to consumption with the usual fatal end- ing of that deadliest of all diseases. Catarry yields readily to the Electro- Medical treatment given at the STATE ELECTRO-MEDICAL INSTITUTE, and the worst chronic cases, no matter of how long standing, are invariably cured by this treatment. It cures and has cured 1 bundreds of cas:s where other remedies and treatments failed to give even tem- porary relief. 1f you have catarrh do not any longer remain a victim of such a disagreenble, painful, troublesome and often fatal dis- ease, when you can obtain immediate re- Lief and be permanently CURED By the great Electro-Medical treatment given at the Institute. This marvelous electro-medical treat- ment is creating a tremendous sensation among the people of this coast because of the remarkable cures it is daily effecting, and for this same reason it is stirring the medical world as no discovery of receat years has stirred it. There has not been a single failure to cure in any case where the treatment has been given. EXAMINATIONS, If you X'RAY are sick or ailing, if you want to know what is the matter with you, and if you want to be cured, you should resort without delay to the STATE ELEC- TRO-MEDICAL INSTITUTE. The Insti- tute TREATS AND CURES Disecases of tbe Heart, Brain and Nerves, Blood Dis- eases, Rhepmatism, Cancers and Tumor- Catarrh, Kidney Diseases, Throat Di eases, Stomach Diseases, Diseases of the Liver, Bowel Diseases, Eye Diseases, Ear Diseases and all Diseases of Men and Women. WRIETE if you cannot call at the In- stitute. Describe your troubles by letter and the doctors will advise you what todo. Strictest confidence observed. STATE ELECTRO-MEDICAL INSTITUTE NEW CURE FOR ALL DISEA Located at the Corner of Market, Powell and Eddy Streets, ENTRANCE 3 EDDY STREET, San Franclsco, Cal L. A. Berteling Pres. H. Nordman, Vice-Pres. A.W. Kirk, sec. Jos. Nordman, Treas 427 KEARNY STREET, Is the very best place to have your eyes examiast and fitted to glasses with instruments exclusively our own, whose superiority Las Dot ye: beea equaled. We have no rivals. We valne our reputation; we guarantee satisfaction, and depend solely upod the merits of our work 1or success. ANE. THE PAINTER HAS REMOVED TC 379 MISSION ST. ,Blood and Skin v Power restored. Over end for Book, free. Patients Terms reasonable, Hours, 9 to 3 3 Devigs. Sundays, 10t012. Consulta- tionfree and sacredly confidential. Call oraddress P. ROSCOE McNULTY, M. D., 26% Kearny Street, San Franeisco, Cal. euses of Men only. Man vears'experience. cured at Hos By 50 per cent the best Belt made. Has cured more people than all other belts combined. You might as well bave the best, as it costs no more. Call or address THE VIRCHOW ELECTRIC(0, 100 Stockton St., SF 4 INJECTION PERMANENT CURE of themost obstinate cases of Gonorrhea and Gleet, guaranteed in from 3 to 6 days; no. other treatment reqnired, and Without the hau- seating results of dosing with Cubebs, Copaiba, or 8andal-Wood. J. Ferré & Co., (successors 10 Brou), Pharmacien. Paris. At 31l druggists. & Chichester's English Dlamora Brand. J ENNYROYAL PILLS and Only Genulne. SAFE, “alwayy relisble, (ADIES sk for Chichester s Eagiish Dia. el ot v Fed et Cols et . sealed with biuo ribbon. T 0 ather. Refuse dangerous subsiitn- tiona and imitations. At Draggists, or send S in stampe for particalars, testiionials and for Ladlew” in lecter. by retors A e e T ehester Co-, Madison Squarey 8ol 2 arf Loual Driggisie. Shilaal. P BLOOD POISON =ore Toroat, Pimples, Copperfill fUicers in Mouth, Hair-Ialling! Write (OO - IREMEDY €0O,, 507 Xasonic Temple, fengo, ¥Il., for proofs of cures. Capl , $5300,000. Worst cases cured In 16 o 85 days. 100-page bock free. 20 MARKET ST.6.1 %% NOTARY PUBLIC.— HARLES H. PHILLIPS. ATTORNEY-AT- Law and_ Notary Public, 638 Market si., oppo- site Palace Hotel. Telephione 570. Residence 1030 “Telephoue * Pine ” 2591