The San Francisco Call. Newspaper, April 2, 1897, Page 4

it THE SAN FRANCISCO CALL, FRIDAY, APRIL 2, 897, R SO R ORI e e S e o D e e e e I e e e THE EXAMINER'S FALSE ALARM Similar Assembly Bills Show the Rascality of Its Attacks. While Fighting One Another Was Rushed Through in the Excitement. Mcre Fects in' Comnection With the Caminetti Bill and the G:v- erncr’s Veto. SACR 1— ssem- bly biil No. 977, ter knowu as the Bridgford bill, which yesterday received the approv the Governor and will ther ome the law of the State, is almost if not quite identical with Assem- bly bill No. 273, introauced by Assembly- man Caminetti, about which the Exam- iner attempted to create a storm of indig- nation. The same pr ple rune through both bills, viz That a lit is entitled to fore a fair and impartial Judge. The Examiner sssailed Assembly 273 as a “vici; denominated it as an “infamous bill.” It hes paraded the unsupported assertion thatGovernor Budd vetoed it because it was vicious and infamous, when as & matter of fect in his message refusing his approval thereto he makes use of the fol- lowing language *‘Acts which provide for the disqualifica- tion of a prejudiced or biased Judge are in operation in other States, and aiy prope= legislation wiich will relieve a litigant from the necessity of having his case tried before a Judge who is biased or prejudiced against him, or who hasa fixed opinion a trial be- bill on the case, is uesirable and praise- worthy.” The Governor's reasons for his veto are based oa objections he sets forth in bis message, such at it was not definite e€nough as to the afidavit required nor as to the time ing, nor did i¢ provide for counter-affidsvits. After conferring with the author (Mr. Caminetti) and other members it was coneluded, says the Goy- ernor in his message, that a new bill could be pas-cd which would be free from the objections to which 273 was open and which would at the same time permit a litigant to lezally object to a prejudiced and biased Judze. The Brid ruary 26, long before Governor. The by the Gover Bridgfora bil introduced Feb- was sent 10 tue amendinents snggested r were made, and the sed tihe House and Sen: ate, notw ng the storm the Exam- iner was 10 create. It went1o the Governor in due time, and, as stated above, prdance with his message, comy v be mage, and ents ci tne Exam- vicious and infamous, as aehiberate falsehoods, ven as fol ntroduoced by Mr. Ca nd section 170 e tate of Californis, rep- sembly, do enact as follows: the Code of Ci 1ded 50 a5 10 rea ce, Judge Procedure o5 follow ce of the ni of either party, y the third d accoraing to rules of ns be the ac: ttorney or coun: tion or proceeding. Tom the effidavit of Teason 10 beiieve, and t have 8 feir and justice or judge on of the preju- istice or judge, 1n either 1d justice or judge shall forch- serviees o se other justice + sume or an_ adjoinirg county e trial of said action; provided, tions in the Superior Courtof coun- ties and cities and counties having more than one deps: said action shail be trans- ferred to another department thereof and tried_there! originally 1 for the calendar, or { business, nor the 1g the ection or proceeding power of transierr; 10 some other court. act snall take effect imme- Section 2. Tn diately Assembly bill 977, ford: An act to amend section 170 of the Code of Civil Procedure. The peopie of the State of California, repre- sente Senste and Assembly, do enact as follows: Section 1. Section 170 of the Code of Clyil Procedure is hereby amended 50 &s 1o read as 170. No Justice, Judge or Justice of the Peace st t or'act as such 1a any action or proceeding : 1ok T, Which he is & party and in which he s nterss 2. When he is related to either party or to a0y attorney, counsel ot egent of either party, consanguinity or afinity, within the third degree, computed according 1o the rules of aw. 3. When he has been attorney or connsel for e1ther party in the action or proceeding. 4. Waen it appesrs from the sffidavit or affi- daviis on file that jeither party canot have s fair and impertial trial before sn coutt of record ebout to try the case of the prejudice or bias of such judg Judge shsll forthwith secure the services of some other Judge, of the same or snother counts, to presiae at the trial of said action or proceeding: provided, that in an action in the superior Court of a county, o .of & city and county, having more than one department, said action sall be transferred to another de- ment thereof, and tried therein in the same manner as though originally assizned to such department. Tie aflidavit or aMdavits alleg- ing the disqualification of a8 Judge must be filed and served upon the adverse party, or the attorney for such party, at least ona day pefore the day set for trial ‘of such sction or proceediog; provided, counter wiidavits may filed ot’least one day thereefteror su further time as the cours m«y extend the time for filing such counter afdavits, not exceeding and for this purpose the court may the trial, axd in no one cause or p ceeging catmore than one change of Judges be had. But the provisions of this section shali not apply 10 the arrangement of the cal- endar or (o the rerulation of the order of busi. ness, nOT the power o: transferring the action Toceeding 10 some other court, or the hear- sng upon-such aflidevits end countet aflids. Vit The change in the original section in both bills is made by inserting subdivision 4; the balance is the existing law. The Examiner's atitempt to denounce 273 as a measure intended to*affect pend- ing litigation between the iinle & Nor- cross Company and Alvinza Hagward, if made in good faith, should have called irom the Examiner like denunciation of introduced by Bridg- Assembiy bill 700, introduced in the Assembly a ishort while pre- vious to ihe first sttack made by the Examiner on 273, as that bid covers the Hale & Norcross suit on ‘the part of the Hale & Norcross Compeny, and was nursed by William T. Baggets, as at- torney for the company, while the bill was pending in the Assembly up to the expose of it made by Assemsblyman Dib- bie of San Frangisco. The following 38 a copy of the bill : ssembly bill No. 700, introduced by Mr. mire, February 2, 1897. Referred to Com- mitiee on Revision of Codes and Statutes. An sct to amend section 53 of -the-Code of Civil Procedure of the State of Calffornia. The people of the State of Californis, repre- 1s measure”’ and repeatedly | Judge of & | sented in Senate and Assembly, do ensct as follows SECTION 1. Section 53 of the Code of Civil Procedure of the State of California is heredy. amended 10 read ns follows : i Sec. 53. The Supreme Court may affirm, re- verse, or modify eny judgment or order ap- vealed from, sad may Hrect the proper judg- ment cr order 10 be entered, or direct 8 new trial or further proceedings to be had. If the judgment or order be sflirmed in part, and ol further . procesdings to be had as i 10 the part Lot - aftirmed, & separate judgment or order shall' be emic in the loyer cour: as to that of the jndgment or order so affirmed, which mey be_forthwith enforced as a final gment, without prejudice to_the rights of | the parties to proceed jurther with the case as provided by the judgment of the Supreme Conrt. The decision of the coart shall be | snd, in giving its’ decision, | granted, tne court shall pass | upon and determiine all the g tions of law involved In the case presenied upon such ap- peai and necessary to the final determination | of the case; its judgment in sppeal cases shall | be remitted to the court from which the ap- | pea! was take! i | Sec. 2. This act shall take effect from and | | after 1is passage. Judge Dibble surprised the House by | announcing that this bill applied to toe | Hale & Norcross case against Hayward, | now pending on appeal in the Supreme Court, where tize comrany had a separate udgment for $203,000, and desired the | passage of this bill so that an execution | could be issued against the defendants. | He moved an amendment, which was| | sdopted, adding the following to the bill: | | Provided that this act shall not apply to sy, | | netion now vending. | Mr. Baggett feit no further interest in | the bili after that, and it was ailowed to | | die. | Reference is now made in this matter 1((v=bo\v that the Examiner made no at- | | | ven in wri tack on this attempt to fit a case it and its attorney are interested in. It must be { remembered that Mr. Bagzett appeared | for the Examiner before tire Judiciary | Committee of the House against the Bridgford bill, while he was at the same | time working for bitl 700. | In all serioasness it looks as though an‘ | attack wss made o 0 as 10 rusn | through 700 in the excitement caused by the unwartanted charges made by the Examiner. Two hundred and seveniy- | turee could only apply to the Hale & | Norcross suit on two events happening— | first, reversal of the judgment by the | Supreme Court; and second, that Ju ige Hebbard is biased or prejudiced against Hayward, while 700 applied girectly and | specificaily to that suit in favor of the Hale & Norcross Company. | —_— i BATCH OF BILLS AFPROVED. { | | Thirty-sic More socts Made Law by the Governor's Signatuve. SACRAMENTO, CaL, Aoril L—The following list of vills were signed by Goy- ernor Budd to-aay: Senate bills. 443—Providing for the crganization, incor- | porstion and government of municipal cor- | Porations. 318-To proyide rotection and ervation of public highways. 347—To pay deficiency of contingent ex- | penses of 1lie ihirts-first session of the Senute. | S7—Appropriating $2600 for enlarging the | laundry ot ithe Southern Celifornia Insaue | Asylom, Amending numerous sections of the | ical Code. 0. 483—Providing for the classification of | icipal corporations. | No. 810 Appropriating $5000 o purchase additional land for the Preston school. No. 119—Ajpropriation for the ereetion of | dministiration building at the Mendocino | P mu uthorizing corporations to act as | d in other capacities 0. 591—To provide for the funding anad re- | ding of the indebtedness of levee and pro- on districts. 0. 330—Amending numerous sections of the Political Code. | No.370—Amending section 3495 of the Po- { litieal Code. No. 700—Appropriating 4000 for impro s end repairs 1o Sutter Fort | No. s4—Avpropriating $10.000 for the sup- | port and maintenance of ex-srmy nurses widows, wives, mothers and dependent, desti- tute maden daughters of sisters of Union | veteraus. | No. 292—Appropriating $3000 1o pay the t desiciency for the support of widows and or- phansof Union soldlers, sailors and marines t reen, in Senta Clara County. | No. 136—To establish a uaiform system of | and townsbip governments. Subsii- e bills 341, 342, 343 and 564, 500 for improvements to | £ppropris | thie Preston schooi. | Assembly bills: No. 827—To amend sections | 3665 of the Political Code. { —To pay the claim of C. Bennett for re- case of the Southern Pacific he Board oi Railroaa Commis- he esteblishment of & uniform sys- government and sdministration 402 | e of Lake Tahoe | Wagon-road Coramissioner, defining his duties | and making sn appropriation for salary, ete. 478—Paying deficiency expenses incurred aliing the National Guards of California > service during 1894, 24 —Claim of Luke Kavanagh for reporting | r Board of Health, $877. 39—Claim of Marion Pirkey. 2 Claim of Sarah H. Wing. D6—Claim of Britton and Ray. Claim af Britton and Ray. Nu. 249—Claim of Denni<« Jordan i doue on the State prison at Folsom, No. 926—Appropristing money 10 pay penses of .the California exbibit to the Ham- ex- burg Horticultural Exposition, and providing | for a commission and secreta | No. 796—To provide for the issue, sale or ex- | change of funding bonds of irrigation dis- | tricts. No.' 989—Appropriating $7500 10 pay the orinting expenses of the Thirty-second Ses- sion of ihe Legislature. No. 827—To amend sections 3664 snd 3665 of the Political Code. | No. 943—Relating to the sale ofsmineral | 34—To pas the claim of the Tribune blisting Company, $2160, for sdvertising constitutional emendments. No. 902—To create a department of high- | ways, define Its powers, provide for appoini- | ment of officers and employes and their com- | | pensation. No. 632—To provide for organi management of couniy fire insurance compa-'| Dies. | 0. 483—Appropriating $2363 to- pay the | claim of Modoc County against tae State. - The Last Bill Sign-d. | SACRAMENTO, CAL., April 1.—Substi- | tate -for Senate bills 341, 312, 343 ana 564, making an appropristion of $56000 for | improvements at the Prestor School, was | resurrected from the grave into which it | had, with numberless other appropriation | bills, been consigned by the Governor, at | the earnest solicitation of Assemblyman Caminetti. This was the last bill signed, | Camivetti feels highly eclated. | CAUGHT AUEGLAKIZING. i A4 Series of Garden Ciy Robberies Explained. SAN JOSE, Car., April L—Georee H. | Potter, a former employe of the Gerden | City Creamery, 226 North Firststreet, was | ught in the act of burglarizing the | place at 11:30 o'clock last evening. For | some time butter had been missed from | the creamery. Tuyesday morning a letter addressed to Potter was found in tne but. | ter department and susvicion atonce fas- | tened om-him. The latter was from . his mother in San Francisco and had been re- | ceived in this city the day before, Last night Officer wood and G. E. Grait, ma ager of the creamery, siaiioned them. selves in the place 1o caich the thief. They did not have .to’ wait long, for at 11:30 Potter enteréd the placé by unlocz- ing a side door. Potter, however, saw the men in the room and ran out of the place. Officer Wood followed the man and fired 1W0 shots in the air. Potter was captured in hiding behind the Hall of Records, s short distance away. This afternoon Manager Grafi swore to a charge of bur- glary against the accused. 3 Potter came here from San Francisco s | few montbs ago and entered the empioy of the Garden City Cresmery, Six weeks azo Le was dismissed on. account of suspi- cions 2s to his honesty. He is 24 years of age. Since his' discharge Potter has been selling butter to former jatrons of the creamery and h.s old employers were un- abie to ‘learn where he obtained the but- ter, which he sold at big reductions over the market price. e e TO CURE-A COLD IN ONE DAY. Take laxative Bromo Quinine Tablets. A @isis refund the mohey u umuwwn.““g: Creamery | | | years p ACTS WHICH FALL 10 BECOME LAWS Governor Budd Strikes Out State Printing Appro- priations. Bills for Improving the State Capitol Meet Executive Otjection. Full Reasons for These and All Legis- lative Measures That Received a Black Eye. SACRAMENTO, CaL., April 1.—The act making sppropriations for the support of the government of the State of California for the forty-ninth and fiftieth fiscal years has received the signature of Governor Budd, with important exceptions. The fisst of these .is the sum recom- mended for boring well, setting stand pipes, tanks'and laying pipes in the Capitol grounds, and among the most im- portant is his disapproval of the appropri- ation of $6000 for the salary of the super- intendent of State printing. Following are the Governor's reasons in full: EXECUTIVE DEPARTMENT, STATE OF FORNIA, Secramento, Aoril 1, 1897. 1, being Assembiy bill 957, enutled “An act making appropriations for the sup- portof the government of the State of Lalifor- uin for the forty-ninth and fiftieth years,” is approved with the exception of the tollowing items, i0 waich I object, aud toe fotlowing are my objections thereto and the seasons therefor, 10 wit: Objection 11" object to_the item, ing well, setting stand’ pipe, tank pipes in Capitol grounds, §5000, | following reasons, viz.: This item | fected to and not approved for the reason | that it is mot sustained by existing laws, is 8 permanent finprovement, is not expressed | in tae act, and is in violation of seciio; | ad 29, ‘ariicle IV,-of the constitution of Cart} this Siate. The appropriation couid have been made by, spect It such | items be atlowed in the apprapris- tion bill the special appropriation act may be done away with, and the genersal appropr tion biil Joaded with appropristions for per- | manent improvemen:s to Siate institutions, and not subserve the for which it is ovide Were the items mere re- lowa ble. For_purchasing in position electric” plant, incit vumps and three motors, 500." is objected to and not epproved for the reasons ven in objection fi in objecting to the item last above disapproved. Objection 3—The item **{or extra help neces- sary for the caring of the State _Capitol build- ing, including extra.firemen, éngineers, eleo ricians, elevator attendants,’ watchmen, por- ters and all ocher, such necessary exira help and placing ing three This item | during the thirty-secoud session of the Legis- Iature, to be expeuded under the direction of | the Secretary of State, $3000.” This item is objected to and not approved for the Teason that the same is unnecessary, un- suthorized and indefinite. Such expeises bave heretofore been paid out of the appro- priations for the consingant expenses pf the gisiature. Objection 4—Theitem, “for salary of State Librarian, six thousand’ doilars’ is objected 10 80d not approved for the reason that the support of the Siete Jibrary- is provided for by special fund set rt- as the “library fnnd,” which fund is not sustained or applied by taxes, but from fees collected for services rendeced or property sold by ceriain Staie officers, said fund being for the maintenance of the library, there is no more reason why the same siould be exempts ed {rom the payment of the salary of the I brarien than {rom the payment of the other expenses of the library, and up- less there be some provision of law which I have not yet seen prohibiting the payment of such salaty from such fund, and requiting its payment by an appropriation. I believe the Librarian should first ook to the iibrary fund for his sajary. The custom has heretoiore been to make gppropriations 10r these salaries, but after careful consideration my -conclusion is | that the library fund mustmainiain the li- brary or a special actof tne Legislature pro- vide otherwise. Objection 5—The .item ‘‘for salary of two Deputy State Librarians $7200" is objected to and not approved for the ressons given in objection 4 to the it.m for the salary of the State Librarian, and such objections are made & part of this objecuion. Objection 6—1he item “for salary of porter of Siate Librarian’s cfice $2400” is objected 10 and not approved fo the Iast two objections, and ssid_objections sre made a part hereof wnd constitute my ob- jections to this item. Objection 7—The item “for salary of Saper- tendent of State Printing $6000" is ob- jected to and not approved for the reason that e sume will be paid under. the general law of the Siate, though mot appropriatsd by 1this scl, and because iis elimi- nation is necessary to remder {utile the attempt made by the smendment. to section 5.0i this act ‘to confer upon a majority of the Board of Exeminers a power wh; , through an unbroken succe: appropriation acts, has been conferred ouly upon the entire 'board. Such attempted change in the law can only appiy in the cases of departments, officers, boards and institu- tons, ““for whose benefit and support appro- | printions are made in this act.”” The evident purpose of the change1n section five was to render it possible to preven Governor {rom exercising some of his tutional powers and 1o prevent his ve. member of the Board of Lxa on what he might deem ghn unu.. ., expenditure of public moficy, or an im- proper discharge of duty by ‘s subordinate officer. There can be no doubt tnat the con- iroversy betwesn the State Printing-Office and the chief execitive of the State has led certain political opponents 1o cunningly incorporate into the generalappropriation bill during the closing daysof an excited gession this most unusnal provision, and the executive of the | State deems 1t his duty, in order to maintain his constitutionalrightand discharge his ob- ligations to the public, to prevent the injuri- ous operations of tnis clanse ot the general #ppropriation bill. Had the sttempt veen made by a separate bill it could never have been enacted, but being 1nserted in the general ' appropriation bill it was evidently tnougnt that the Governor must acquiesce therein, reject the entire bill and call an extra session of the Legisiature to provide for the support of all the State insti- tutions, or perhaps submit 1o being overruled 5 10 all matters of deficiency &nd difference that might arise between himself and the State Pinting Office. The auithor of the change, however, in msking the same overlooked ihe clause, “‘for whose benefit and support appro- priations are ma ie in tais act,”.and has thus given the Governor the power, without any dsmage to auny State imstitation, of preventing the “sccomplishment of = the design _intended. The injustice of the proposition intended to be graited on the Aws by such a clause will be cleariy seen when it is considered that the coastitution vests in the Governor the power to object to any legislative bill, maiter ~ what eppropriation it may carry, and that under the constitution his objéction can be only, overcome by a vote of two-thirds of the members elected to each branch of the Legislature, and that the constitution, recog- nizing that'when the Legisiature had closed its session the Governor should be ihe one officisl charged with passing upon the aporopriations for te institutions and laws- passed by Legislature, d has conferred “on him miso the bsolute power to strike from any appropria- tion bill any item of expenditure, or by his objection thiereto to prevent any measure, even though it may heve received the unani- mous vote, of both houses, from becoming law. provided it did not reach the Governor rd of ten- days prior to the adjourn- ment of _the Legislature, vet here {5 an attempt to reach beyond the Legislature and permit deficiencies in nny amount after its adjournment, by a board created under statute, and (o prevent the veto power of the Governor from having effect, and giving to & mejority of this board & power denied by the constitution to the Legisiature itself. TUnder the circamstances, 1 deem it my duty tions fer the depart- ment. in whose beh i B e cluuse wob iae serted, and over which 1 nave no proper power of control, and which. powers, tnough promised by the comm ittee of the Legisiature appointed 10 confer with the Board of Exam. iners, were never given. Noharm cau be done by this elimination, for each department o~ the Siaie can, in case of necessity, out of it a ppropriation for uch pflnli? as’its has done at the Breve c¢ Or elsewhere, and if they the Tesons given in | 44 not have such power there is no doubt 1uwt under the act of 1893 (siatutes 1893, p. 280) deficiency could be erésted in their cou- tingent or other fund, or for the support of the State Printing Office, that would suthor- ize ell of the State printing necessars. Objection 8—The item “for support of State Printing Office, including pay of employes, Purchasing supplies, type, machinery, perm: nent meieriai and for improvements, etc., ex- empt from the provisions of section 4 of tms act, $275,000,” is objected 1o and not spproved; first, because the same is excessive; second, for the ressons 7eD {2 the objection to the item for the sal- axx of the Superinicndent of State Printing, which objection is hereby referred to, and made & part hereof, and third, for the ressons stated in objections two and three hereof, 10 the items for. boring wells,etc., “for purchesing and {l““" in position electric plant, ete,” which objections are hereby referred to and made a part hereof; and because the same1s in violation of seciions 24 and 29, article 1V, or the constitution; fourth, because said items are not segregated, and it is impossible to tell thereirom what amount of said appropriation is for the purpose ot, or woula be expended in the purchase of, machinery and permanent material and for Improvements, all of which items should be provided for by & special bill #nd-not iucluded in & lump sumin s bill for the support of any one office. Angiuer end very serious objection is the priocipal one made in my veto message Of February 9 lasc. This isoneof the very est appropriations made by the State. 1 bave been convinced in the past that extravagance bas been practiced in its expenditure. The ! experts appointed by the Legislature reported mény irregularities. They reported tnat no ceparate umebooks were kept by which the cost_of schoolbooks can be ascertained, or which would prevent the use of rchoolbook money for other State printing; that no proper stockbook is kept by which the condition or yelueoi stock on hand cen be determined; that inexperienced help is employed at grest loss, and the experts report that if certain reforms were instifuted in the management bf the office a saving of from $15,000 to §20,000 an- nually would result 1o the Stete. The Superintendent of Sate . Printing has istled to make 10 me the reporis requited by law, and has made reports which were mis- leading and from which it appeared that it | required $146,000 to do $94,000 worth of { work. This condition of thiugs has mnever been satisfactorily explained, aud the experts, after silowing him many credits not claimad in his report, still found e balance of $21,000 for which Qo proper showing could be made. | No proper or adequate system of avditing the | claims against this great approprintion exists, | | and the Board of Exeminers have no means of { determining whether suca claims so presented 10 them Are proper or correct. Iaaked for somé legislation to remedy tnis 1 ysiem of eccounts, @ board of printing power for the Board «f Examiners to d paya printing expert t them as to the nature or accuracy of accounts which taey were called upon. to allow or other | preper safeguards, but no such enaciments | were made. On the contrary the only exist- | ing power I posse to keep that office at | lesst within the limits of its appropriation was taken {rom me, as shown in objection, and as 1 have now no control over thisde- partment, and as the Lagis! iit to check its expenditures, I.cannot sanction the euactment of this ftem. Objection 9—The item *For school text-book } department, pay of employes and for stock snd materiel, $40,000, ‘subject 10 the provisions of an 'ect entitied ‘An act (o provide | for “compiling, fMiustrating, _electrotyp- ing, printing, binding, copyrizhting and distributing ~ certain books* of a State series of school textbooks and approvriating { money therefor, approved March 18, 1887, aud ihe same is hereby exempied irom the provisions of section 4 or this act,” is objecied 10 and not approved for the reasons given for oojecting 1o the two precedingitems, as setout in objection hereof, which said objections and | i | reasous are made & part hereof, and for the furthér resson that it is an attempt through general appropriation bifl to legislaie'on the sukject con ar reason that said item’fs in violatiou | of article X, section 71, of the constitution. A study of the supject hias led to the conclu- sion that money appropriated for text-book } purposes under said article of the consutution | should be appropriated to be expended by and | | under the direction and control of & State Board of Education solely. Another reasort for my objection is that this | item requires the appropriation it carries | shall be expended subject 1o the provisions of | a certain aci which cannot be located as de- | scribed. The set Dearest in description to the | act described is not properly applicable to the | purposes intended by this item. It provides for the compiling, ifustrating, etc.. of only & | limited number of the Siate series of school textbooks, leaving many 10 be-provided tor in | other scts, and is otherwise inapplicavle. | The constitution provides that the State schoolbooks shall be soid &t cost and the fund from which the expense of - their preparation awd production 18 paid should bevellsustatning. As there is now money in thiy'fund and & large humber of books on hand, the necessary new ones can | be prepared and printed from the sums re- sulting from the sale of these books, and no interference with the printing of necessary | school books will result from the disapproval | of this item. b Objection 10—The item *for support of Vet- Homre at Youuiville, $80,000," is ob- | jecied to and mot approved for the soié reason | ihat a like sum is provided for esa continu- ing appropriation bv another law of the Statc, | being the act of 1893 (statutes 1593, p. 214), | and the silowance of tnis amount in'the gen: eral appropriation bill is therefore nnneces. | sary, and would constitute & double appro- | priation, i Objection 11—The item “for the claim for | Marin County for moneys expended by it for prosecutions of crime committed within the | State Prison at San Quentin $4229 50" is ob- | jected to and not approved on the ground that aid item is in violetion of article 1V, section of the constitution, and is not proper | | claim in the general appropriation biil. | Objection 12—The item, “for purchass of material and construction of fencing the ice plant and enlarging cow barn, Preston School | 1 Indusiry, two thousand six hundred dol- | ars,”” is objected to and.not approved for' the reasons given 1n objections first and | second hereof, which objections are hereby | made my objections to this item. I was fir iuclined ‘to belieye this item correct, buta study of the subjeet has convinced me that it | has 1o place in this bill ! Objection 13—The item, “for support of | Santa Clara Siate School, $35,000.” is ob- | jected to and not spproved because said | school was not established. Objection 14 — The item, “for use of | State University department of viticulture | $10,000.” and” the ftem, *“for use of | State University forestry stations $8000, and the item, “for State University de. pertment of agricuiture for experimental | jurposes relative to the diseases, breeding ! nd other necessary information connected | sith the raising and caré of chickens in this b State, nnd the issusnce of bulletins concern- ing same, £5000,” are each objected to and | {mot approved. and each is objected to and | not spproved for the remsons, first, that ihe same are excessive, and second, - whatever | allowance may be necessary in the judgment, | of the regents of the University of the State of Californip, can be made from ‘the other | funds of the said university. | During the past two years the State bas lib- | erally responded to the requests of the Unj- | versity, giving in_1895 a quarier of & million | doilars for its afliliated. colleges and so pro- viding for the Uaiversity itseif Dby the act of 1897 that it shall receive | 2 cents annum on every | £100 of t roperty in this Siate, | being annually nearly snother quarter of & | million of dollars. In my judsment, with | ibis annual income, together with the income | from the regular funds now on bend, no fuz- ther provision should be asked tor by that insti- | tutiou, and under ex:sting financial conditiona | it is the duty of the ‘university to use sugh | careful economy as will make its present ble resources sufficlent for the conduct h of its deparimenis and stations as in the judgment of the regents it may be neces- sary to maintain, Objection 15—The item, “for aid to District Agricultural Society No. 1, $10,000,” is ob- jected to and not allowed fof the Teasons here- iofore given in my obj:-ctions to sim- ilar_appropriations in 1895, and jor the Teasons stated in my inaugural sddress, and in my first biennial message. The nggregate of these sppropriations is so great that, in view of the present financial condition of our people, it would be inadvissble to burden (them With so heavy & tax as -would be required to raise this sum. It ihe number of districts had been ma. teriglly reduced and the appropristions correspondingly so, it would present a differ- ent case. To select a few districts, as now con- stituted ‘and_provided for, from the whole number would be discriminatiug and otiter- wise inadvisable, and I have no other recourse but to disapprove of all items for 2id to dis- trict agricultural socteties. Objection 16—The item “for aid of District Agricultursl Society No. 2, %3000”; this item is objected to and not approved for the res- $0ns given in my objsctions to the appropria- tion for District Agricultural Society No. 1 The iiem, “For eid of District Agricultura Society No.'3, $2000.” Tais item is objected 10 and not approved for the reasons given in my objections to the sppropriation for Dis- trict Agricuitural Society No 1. The item, +For aid 10 District Agricultural Society No. | four, fivethousand dotlars.” Tnisitem is ob- jected 1o and not approved, for the reasons givenin my objecions to the appropriation ior District” Agricultural Society No. 1. The item, “For aid_to _District Agricultaral Siclety No. 5, §5000.” This item is objected to =znd not approved, for the reasons given in my objections to the sporopriation for District Agricuitural Soclety No. 1. The item, *for aid to District Agri- cutturel Society No. 6, §5000.” This item is objected to and not ayproved, for the reasons fiven in my objeations to ihe appropriation District Agricultural Society No. 1. The item, “‘For aid to District Agricuitural Society No. 7, §3000.” This item is objected to a | | ture has not seen ‘ o the reasons givem in my objections o the appropristion for District Agricultural Society No.. 1. The item, “for sid to District Agricultural So- ciets No.'8, §2000.” This item is objected to 2nd not approved for the reesons given in my objections to the appropriations for District Agriculiural Society No. 1. The item, “fgr #id to District Agricultural Society No.9, $3000.” This item is objected toand not ap- proved, for the reasons given in my objections to the appropriation for district egricuitaral not approved for society No. 1. The 1tem, “for_aid to district ~ Agricultural Society No. 10, €1500.” Tnis item is objected 10 and not approved, for the reasons given in my objections to the appropriativn for District Agricultural Society ~o. 1. The item “for aid 1o District Agricultural Soctety No. 11 $3000. This item is objected to aud not approved for ihe reasons given in my objections to the appropriation for District Agricultural Society No. 1. The item *for aid 10 District Agricul- tural Society No. 12, $3000.” This item is objected to and not approved for the res- s0s given {n my objection to the apppropris. tion for District Agricultural Society No. 1. The item *for aid to District Agricultural So- ciety No. 13, $3000.” This item is objected 10 and not spproved, for the reasons given in my objections 1o the appropriation for Dis- trict Agricuitural Society No. 1. The item “for aid to District Agricuitural Soclety No. 14, §3000.” This item is objected to and not approved for the reasons given in my objections to the appropriation ior District Agricultural _Society No. 1. The item, “for aid to District Agricultural Socfety No. 15, $2000.” This item is objected 10 and not approved, for the reasons given in my otjections to the appropriation for District Agricultural Soctety No. 1. The item, ““for &1d to District Agricultural Sécieiy No. 16; $2000.” The item is objected 10 and not approved for the ressons given in my objections to the appropriation for District Agricultural Society ' No. 1. Tne item “for aid to District Agricultural So- ciety No. 17, $2,000." This item is objecied to and not approved for the reasons given for my objections to the appropriation for Dis- trict Agricultural Society No. 1.§The item ‘“‘for aid to District Agriculturs] Society No. 18 $3000.” This item is objectéd to and not ap- proved, for the reasons given in'my objections 10 the appropriation for District Agricuitural Society No. 1. Tae item ‘“for aid to District Ag- ricuitaral Society No. 19, $1500.” This item is objecied to and not approved for the reasons given in my objections-to_the appropriation for Distfict ‘Agricuittiral Society No 1. The item - “Fer-aid to District Agricultural Society No. 20, $1500.” Fhis item is objected 10 and not approved for the reasons given in my objections to the appropriation for district Agricultural Society 1. The item, “For-aid_to District Agricultural Society No.21, $4000.” Tnis item is objecied 10 and oved, for the reasons given to the appropriation for Dis- triet Agricultural Society No. 1. The item, “for aid to District Agricultural So- ciety No. 22, §3500.” Thisitem is objected to and Dot approved for the reasons given in my objections to_the appropriation ior District Agricultural Society No. 1. This . item is .objected to and not ap- proved for the Tessons given -in my gbjeetions to the appropriation for District Agricultursl Society No. 1+ The item, “for aid to District Agricultural So- fery No.'8, $2000.” This uem is objected to and approved . for the reasons given in my objections to the appropriation for District -Agricdltural Soeiety No. 1. The item, ‘“for aid to District Agricultural Society No. 39, $2000.” This item i€ objected toand not approved for-the reasons given in my objeciions to the appropristion for District- Agricultural Society No. 1. The item, *“For &id to_ District Agricultural Soclety No. 40, three thousand five hunared doilars.” This item §s objected to and not ap- proved for the resson given in my objection * to the - appropriation for District Agricultural Society No.. 1. he item “foraid to District Agricultural So- ety No. 41, $1500"'; this item is objected to andnot approved for the reasons given in my objections 1o the _ appropriation ior District = Agricultural Society. No. 1. The item, -For aid to District Agriculturai Society No. 42, $2000.”” This item is objected to and pot approved for the feasous given in my objections to the appropristions for "District_Agricultural Society .No. 1. The item, “For aid to District Agriculiural Soctety No. 43, $1500.” This item is objected 10 sad not approved for the reasoms given in my objection to the sppropria- tion tor. District ‘Aericultural -Society No. 1. The item, “for sid to District Agricultura}. So- ciety No.'44, §2000. This item is objected to and not approved for the reasons given in my objections to_the anpropriation for District Agricuitural Soziesy No. 1. Jaues H. BUpD, Governor. SAN JOSE'S CANINE CARNIVAL. Increasing Interest and Attendance at-the Bench Show—Dogs Awardéd Special Prizes. SAN JOSE, Car., March 1.—Interest in the dog show at Turn Verein Hall is in- creasing and there w. large attendance this alternoon and evening. It isexpected that a large number of fanciers from | S8an Francisco and other bay cities will be in attendance to-morrow and Satur- day. The following awards of special prizes were made this evening: Best mastiff in tbe show—Mzs. J. P. Nor- man’s Juan Moutez St. Bernards—Best in the challenge class, 7. H. Browne’s Champion Grand Master and Rose Lodge kennei’s Aita Berna tied; best rougli-coated dog in the open- clafs,” 4. Miles Taylor's Roxie Savage Taylor; best rough-coated bitch in the show, Aita Berua; best smooth-coated dog from Sinta Clara County, F. H. Bushneil's Le Prince Jr.; best smootii-coated dog in the show, Le Prince Jr.; best pup in tbe show, J. E. Litirell’s Ofion; St. James Hotel go1d medal for best bred Cali fornia St. Bernard in show, Dr. W. R. Cluness Jx’s Reglov Jr. > California St Bernard Club speciais " (for members only)—Best dog ib open_class, Roxie Savage Taylor and Le Prince Jr. tied; best bitch in open class, Rose Lodge kenuel's Goiden Lady; best rough-coated dog in siow, Champion Grand Mastcr and Alta Beraa tied } best biteh'in show, Alta Berna. Grest Danes—Best outside of Santa Clara County, Mrs. Alfred Roncovieri’s Rex R; best in novice ciass, Mrs. Roncovierf’s La_Flesta best pup. Mrs! Roncovierr's King E; best owned in Sants Clare Gounty, O. M. Tupper’s Blue;-best in open class, Rex K. Fox hounds—Best dog, W. L. Prather Jr.s Sport; best bitch, W. L. Prather Jr.’s Bell. ‘Pojuiters—Best in novice class, W. E: Chute's Patdl Croxteth C; best in show, Mrs. Hugh McCracken's Juno H: best pup, E. H. Free- men’s Beauty; best pointer owned in senta| Clara County. Beaut ciass, George T. Auderson's Jilt; Suno H. 5 Engiish setters—Best outside of Santa Clara County, H. T. Payne’s Champion Couatess Noble; best owned in Santa Clara County, W. A. Menafee's Queen M; best in novies class, Queen M; second best'in open class, H. T. Payne’s Count Harold. 3 M#s Ethel G. Irish setters—Best bitch, Creagh’s Queen of Kildare; best Irish setter in show, Queen of Kildare; best owned in Santa Clars County, C. M. Barker's Chief Jr.; second Dest setter in open class, Chief Jr. The Scotch coliie breeders in attendance t the show held a meeting this afternoon and organized the California Collie Club, the.object of which will be to promote in- terest in this intelligent breed of dogs. It willb effiliate with the American Kennel Ciub. . The officers elected are: President, Norman J. Stewart of Aromas; vice. president, Mrs. 0. J. Albee ‘of Lawrence; secretary, Miss Della Beach of San -Jose; treasurer, J. C. Berret of-San Jose; execu: tive committee—Q.J. Albee, J. C. Berret and M. de Lopez of Pieasanton. e * i Death of J. 4. Wilcox SAN JOSE, CAr, April 1.—J. A. Wilcox, the well-krown fruit-grower of Santa Clara, died to-day, aged 74 years.” He was a native of New York, and came to Cali- fornia in 1852. Atter a brief season at mining in Nevada County he engaged in the produce commission business in San Francizoo and later in frait-growing in Alameda Ceunty. He came to this county in 1868 and met with great successasa grower of small fruits. In 1887 he served as a member of the Assembiy. He was prominent in hor- ticuitural circles and represented the State at the New Orieans Exposition, TR B ce) Archbishop of Dublin Dead. DUBLIN, Ireraxp, April 1.—The Most Rev. William C. Plunket:, Lor t Plunkett’s brother and Archbishop of Dublin, died here this morning after a brief iilnes: William Conyngham Pluakett was born in 1528, elected deputyof Meath in 1876 and translated to ths archbishopric of Dublin in 1884 He was a member of the senate of the University of Ireland. — - The Great Hub Sale. To-morrow might at 11 o'clock the great Hub clothing store will close to the public and be turned over to the landlord and his architects for rebuilding. It has been and will siill be—until to-mor- row night—the greatest of ssles of boys’ and men’s clothing. It will be a great opportu- nity for people o buy goods ats great sacri. fice. Do not forget that 10-d8y and (0-morrow are your only ciances, second best in open bost ‘biteh, | | BORREGD GANG T0 ARG TO-DAY No Further Respite for the Four New Mexico Assassins. | | In Tears They Hear Their Doom Pronounced and Seek ‘Relief in Prayer. Extraordinary Precautions Are Taken to Circumvent Any Attempt at Rescue. ! first time during their long confinement the Borrégo assassins relinquished all hope of clemency at noon to-day, when | Sheriff Kinsell read to them a copy of At- | torney-General McKenna's message to | Governor Thornton announcing the Presi- | dent’s decision of no further interference. Pale and trembling and in tears the! doomed men took to their prayer-bo At 3 o’clock the Sheriff admitted to the large cell occupied by the prisoners their | wives and children and a few near reia- | tives, and for two hours the trying ordeal | of saying farewell continued. This is the | third time these women and children have gone through this sad conference. The prisoners have been in custody | since January, 1594, have been thrice sen- | tenced and twice their sentences have | been commuted. They will be executed at 9 c’clock to-morrow in the jail yard in | | | SANTA FE, N. Mex.; April 1 —For m1 | 80008000 000¢E+008609608004890009 54060600 000000D9 8008900 DISIOIBIBIGIDIDIBIBITIVI 000904 26000000 9609998 00000069 090000340 | the presence of about twenty Witnesses. ‘T'he scaffold, which has been covered with canvas to obstruct the views of the curi- | ots who may mount the flat roofs of the adjacent houses, is within thirty feet of | the ceil they now oceupy. To circumvent any attempt at rescue | the militia is on guard to-night, and the | Governor has ordered both the cavalry | troops and the infantry to report to Sheriff Kinsell for duty at 7 A. M. to- | morrow. | | The decision of President McKinley is teceived with much satisfaction emong supporters of 1aw and orderin the Terri- toty, and taken in connection with the | previous findings of the Supreme Court and Mr. Cleveland has served to remove | all possible’ political taint from tae case | and. will have a salutary effect upon the | lawless element. | Frank Borrego told his wife that he had | made peace with his God and all mankind and was prepared to die with his lins sealed as to all he knew of the crime. He | had prepared a written statement to be read from the scaffoid, but| decided to destroy it, as its contents referred to men more or | less prominent in public life, and he did | not wish to leave the 300 kinsmen of him- | self and associates any pretext for resort- | ing to vengeance in future upen those he | would necessarily have to name. Borrezo also directed his wife as to the | care of his body and that of his brother, Antonio, and his kinsman, Lauriano | Alarid. 'He said they were to be taken home and Kept side by side till Sunda morning next, when they must be buried | in the clothing in which they were exe- cuted and in coffins furnished by tne| county. | The- fourth. convict, Patricio Valencia, | part Indian, displayed the least feeling of | all. He is the smoothest criminal in the | lot, and aside from his part in the assassi- | nation of ex-Sheriff Chavez is said to have | killed and robbed two men in the streets | here in 1886 ana 1588, and also made a | criminal assault upon s young womman, | for all of which crimes he escaped prose- | cution. Odd Fellows’ Celebration. SAN JOSE, €aL, April.1—The 0dd Fellows’ societies of this city will cele- brate Odd Fsllows' day, April 26, by a| basket picnic at Alum Rock Prark @nd an | entertainment and’ ball at Turn Verein | Hall in the evening. Invitations have | been sent to all the iodges in the county | and a large attendance is expected. | Do you know what the first and | surest signs of premature DECAY Are? If you do you will be sure that you allow none of them to get | even the very slightest bit of a hold on you. You will get goodi help as soon as ever you have tired limbs, as soon as you no longer sleep well, or you note a slight failing of memory.. You ‘will get something that has for. thousands of your nervous and puny brethren | done wonders. That great reme- | dio-treatment but for which homes'| would bé desolate’ to-day that are | bright and happy, asylums would | be inore thickly crowded, and many | ] | ‘hundreds would cease to love and be loved. You would, in one word,. get and use . | HUDYAN. It you know nothing ‘of .what it | | | | has done, ask for printed proof of the fact that it stops all drains in a | few days; ask for satisfactory tes- timony that it has cured and made | whole big, strong, virile men by | the score, and ;you will find it allf| free. Doctor’s -advice free, too!| The best ! vt The people praise * Hudyan'* beeruse it has never yet fulled, even in severest | casos. Why should it not curs you? Take time By the forelock. Write or | eall to-day, and if you are |ulnrln.i from blood-poisoning of any kind re- | Mef is as sure as heaven Itself. | 3 Hudson Nedical Institute Atockton, Market and Ellis Sts., - -.... BAN FRANCISCO, CAL. Sharp as a 1 Snake’s Tooth Is the biting air of early spring. It pierces the warmest clothing, pro- ducing tge chills and shivers.of the dreaded &rip. The tried and true defender of feeble bodies is Duffy’s Pure .. ‘Malt Whiskey,. quickens -the circulation: Which so that the bleak wind of March and April is harmless as a Jung’ zephyr. Take this pure medicinal and generally braces the system,’ | whiskey at the .first sympton ‘of Grip, and all the other symptoms will pass you by. : s Druggists and grocers keep- ‘xt. Insist on having the genuine. '~ :° GREAT . § e H LY MEDCI Which is an external and internal romedy without sn equal NOT & NEW PREPARATION, BUT ONE THAT HAS ST00D THE TEST OF OVER. A QUARTER OF A CENTURY. § Thousands of persons al g over the United Stttesi 4008 gratefully praise Dr. Mar- tin’s Pain Curer and ‘are never without it. The Curer is free from all injurious” and polsonous properties, and is en: tirely vegetable in its composition. It tones up and strengthens the system, purlfies the blood, expels bad mafter from the organs of the body generally; promotes digestign, Fegulates the appe- tite and secures heslthy state of the system and its various functions. Taken occasionally ds s preventive of disease, it keeps the mind cheerful and happy. @ by promoting healthfal action of the #kin, heart, lungs, stomeach, pancreas, er, kidneys, bledder, spleen, spinal c mn, and the whole nervous system. I is also especially always WOMAN'S FRIEND, and is uneqiisled i boweis, FIRTHE PREVERTIO RND GURE Rheumatism, Neuralgia, Pains in General, Bowel Complaiats, Dys- pepsia, Dysentery, Cholera Mor- bus, Diphtheria, Sore Throat, Pneumonta, Diabet Nervous Compiaints, Disease of the Stom- ach and Bowels Generslly, Liver Complaints, Kidney Complaints, Sefatica, Lumbago, Colds, Coughs, Local and General Debility, Héad- ache, Earache, Toothache, Sick- ness inStomach. Backache, Burns Swellings, Boils, Sores, Ulcers, Colic, Cramps, Sprains, Erdises, i 2 Scalds, Wounds, Costiveness, In- digestion, Skin DI Exces- sive Ttchings and ‘many other coniplaints too numerdus to name here. In a word, the great Pain Curer of the Age is an unequaled family remedy. Price: 25c, 50c, $1.00 per Bot!lé, L._CALLISCH, Wholesale Agent for the Pacific Coast, Ssn Jose, Cal For sale by all druggists. The trade supplied by Redington & Co., Mack & Co. #nd Langley & Michaels. San : Francisco. THE .. MAR7, - h, bl PR - PRy ¢ WEEKLY . CALL It Publishes the Cream of the News of the Week and J MANY ATTRACTIVE AN[S :'é ORIGINAL FBATURES." IT IS THE BEST WEEKLY & PAPER ON THE PACIFIC COAST A éining News That Is Accurate The Best Telegraphic Service on The Coast \ &up to date SR Not a Line of it Sensatiodal or Faky, and Not a Line of | Bright, Cle A Chy it Dry or Uninteresting. A CALIFORNJA NEWSPAPER ALL THE TIME. ITADYOCATES | SENT BY HOME INDUSTRIES e A YEAR. o{ THE CALL SPEAKS FOR ALL NOTARY PUBLIC. HARLES H. PHILLIES, vEY CRamaE: B sangtes, srmoiivan ar ket 8., 3 site Palace ’l\l-pn_ufi-.:'l_m %m E )