The San Francisco Call. Newspaper, April 6, 1897, Page 9

) THE S FRANCISCO CALL, TUESDAY, APRIL 6, 1897. W SEMI-CENTENNIAL IN THE FAIR CASE Half a Hundred Continu- ances Have Been Granted. Mr. Dslmas - Inosisted on a Speedy Trial for Mrs. C-aven. Attorneys for th: Opposition Joined in Asking for More Delay and Won Their Point. Another continuance in the Fair-Craven litigation I It was granted yesterday on the desire of attorneys for those representing the Fair estate and the heirs at law. It was the fiftieth continuance in the case and may be fitly celebrated by those who enjoy these postponements as the semi-centennial of the tally of contin- uances that will doubtiess reach par if all the parties to the controversy live long enough. When the full hundred is touched then the' centennial ceremonies may be pro- vided for and to mark the event another distribution of proceeds of the estate may be looked for, provided the funds hold out. Public interest in this litigation never flags. As a judicial spectacu.ar it is a drawing card. This truth received adar- tional illusiration yesterday by the eager crowd of lawyers and citizens in Judge Slack’s court in anticipation of his Honor's decision of several important voints in the suit of the executors of James G. Fair’s will against Mrs. Nettie R. Craven. As usual Judge Slack had a long calen- dar in probate and insolvency proceed- ings, yet the people sat patiently through two hours and a hulf of tedious legal wranghng in order to listen to the judicial obinion touching the question of impanel- ing a jury to assist Juage Slack in decid- ing issues of facy, and, secondarily, as to the motion of Delmas & Shortridge, att neys for Mrs, Craven, to strike Miss Vir- ginia Fair's complaint in intervention from the files of the case. It was high noon when the Judge began to read his opinion, yet there was no diminution of the audience and the closest possible attention was given to every word that fell irom the lips from the beginning to the end. A succinet history of the litigation was presented by Judge Slack in the opening portion of his opinion. He casually arew attention to the fact that the action was begun on June 23, 1896, by James 8. Angus, Thomas G. Crotbers and W. 8. Goodfel- low, as surviving special administrators of the’ estate of James G. Fair, deceased, against Nettie R. Craven, Marc Leving. ston, George R. Williams, Stephen Roberts, Elizabeth Haskins snd several others sued under fictitious names. On_July 2, 189, the defendants George R. Williams, Stephen Roberts and Eliza- beth Haskins iiled a disclaimer, and on August 11, 1896, the default of the de- jeudant Marc Levingston was entered. The defendant Nettie R. Craven on July | 7, 1896, filed an‘ answer~and also a cross- complaint in ejectment’ to Tecover the possession of ihe lands described in the compiaint and for rents, profits and dam- ages. To this cross-complaint the plaintiffs, on August 3, 1896, filea an answer consisting of admissions and de- nials. fter thus stating the inception of the suit the court adds: While the pleadings were in this condition & stipulation was entered into between the at- torneys for the piaiutifis and the attorneys for the defendant, Netiie R. Craven, by which it was agreed (het tria for be tried before & jury, if either party shal deys before said date give and file a written Tequest fora jury.” Iu due time, on January 22,1897, the atiorneys for the defendant, Nei- tie R Craven, filed & writing by which they “request and demanda jury for the trialof £aid cause” The case appesred on the calen- dar for trial on February 2, 1897, but the trial was postponed. Inthe meantime the will of James G. Fair was edmitted to probate, and_the plaintifts were appointed executors. The plaintiffs, having obisined an order permitting them: selves to be substituied in the actlon as executors, in place f special administrators, filed, on February 25, 1897, a supplemental complaint. The supplemenial complaint al- leges that on December 28, 1894, Jjames G. Fair was the owner in fee simple, and in the possession, of two described piéces of land; that on seid sy and while he was the owner in fee simple of the lauds, James G. Fair dfed, leaving s last will; that'on January 2, 1895, the plaintiffs, together with one Louts C. Bresse, were appointed special sdministrators of the’ estate of the deceased, with certain powers; that the specisl administrators immediately qualificd and took and Tetained possession of all of the estate of the deceased, including the lands in question_un- til April 22, 1896, when Louis C. Bresse died, since which time until November 16, 1896, the plaintiffs, as surviving special administra 1ors, continted in possession ; that on June 23, 1896, this court authorized the plaintifs, a surviving special administrators, to commence his action; that on November 16, 1896, the @st will of James G. Fair was admited to probate and the plaintffs were appointed and qualified as executors; and that since November 16, 1896, the plaintiffs, as such ex- ecutors, have continued in the possession and management of all the estate of the deceased, including the lands in controversy, aud have collected and received, and ere now collecting and receiving, the rents, issues and profits of £nid lands, amounting to the sum of $4000 per monthror thereabouts. The supplemental complaint proceeds to al- lege in iangusge substamtislly the same as contained in the original complaint that the deeds under which the defendants claim title are forced and simulated and, oughi to be canceled. The prayer of the_supplemental complaint also conforms substantislly to the prayer of | the origirial complaiat. The answer and cross-complaint of the defendwnt, Nettie R. Craven, filed on February 25,1897, 10 the supplemental complaint, are similar to the answer and cross-complaint flied | by her to the original complaint. * * * The eross-complaint is in the ordinary form of a complaint in cjcctment. Ivalleges that on | January 2, 1895, the deiendant, Netie R, Craven, was the owner, and seized in fee and in the possession of the iands described in the supplemental complaint;- that_on January 1895, the plaintifs were appointed spec wiministrators of the estate of James G. Fair, deceased, with certain powers; that thereupon ihey qualified as such, and that their special letiers were never ' modified, revoked or set aside until November 16, 1896; that on November 16, 1896, sn instru- ment, — purporting 10 be the lasi will of James G. Fair, wasadmitted to probate, and the plaintiffs wére appointed and quaii- fied as executors thereof, and have ever since been and stili are the qualified and acting executors; that on January 2, 1895, while the defendant was such owner and so seized and entitled to the possession of the premises, the plaintiffs, acting as such special sdministra- 1ors, without right or title, did enter into snd upon the premises, and did oust and eject the detendant therefzom; that thereaiter, until November 16,1896, 'the plaintiffs, as such special aaministrators, have withheld and complaint was filed, and three days before the case was to be called for trial, on the day on Which it was set, to wit, on March 12, 1897, | Virginia Fair filed, by leave of the cour:, & complaint in intervention in which she alleges that she is the owner in fee simp e absolute of a0 undivided one-third of the lands described in the original complaint and in the cross- complaint; that James G. Fair was during all the month of September, 1894, the owner in fee simple absolute of the lands; that James Fair died on or about December 27, 1894; thatin the year 1895 the defendants, Nettie R. Craven, Elizabeth Haskins and James J. | Cooney, together with other persons whose true nemes are unknown to the intervenor, | combined and confederated together and en. tered into and concocted a fraudulent scheme, combination and conspiracy for the purpose of procuring for themselves, by means of forged documents and false evidence, the said real property; that thereafter and pursuant to the | fraudulent scheme, combination and con- spiracy, the said defendants prepared and ut- tered (wo false and pretended deeds, purport- ing to have been executed by James Fair on September 8, 1894; that said deeds were not made or execated by James G. Fair, nor_ever scknowiedged by him, and the instruments and the signatures thereto are false, forged and simulated, and were made subsequent to the death of James G. Fair, pursuant to and as & part of the fraudulent scheme, combination 2nd conspiracy. Miss Fair's complaint in intervention is epitomized down to the last allegation and intention of fraud and conspiracy, after which the court takes up the thread of the narrative in regard to the course of the present litigation. He said: On March 13, 1897, the defendant, Nettie R. Craven, moved to strike the complaint in in- tervention from the files, and to vacato and set aside the order permitiing it to be filed, on the principal grounds that b{’u the inter- venor sought to change the subject-matier of the action; that the intervenor sought an- other and other and different relief than any which could be granted 1o either party upon the issues heretofore joined in the action; that the intervenor sought to change the method of procedure established by law for the trial of such actions, and adopted by the parties to the action; that the intervenor sought to delay the trial of the sction, and the result of permit- ting the intervention would be to delay the trial; that theé intervenor has been guilty ross laches in delaying her attempt to in- tervene; that the intervenor is not a neces- sary party to the action, and & judgment in fayor of the plaintifis 'will as complotely establish her claim as a judgment in favor of herself; that the complaint in intervention is not filed in good feith, but as been filed solely for the purpose of hindering and delaying the defendant in estab.ishing her rights, and to vex, anuoy and harass the detendant; and that the complaint in intervention does not disclose facts authorizing an intervention. No aflidavit in support of the motion was filed. The motion to strike the complaintin in- tervention irom the fiies was partiy heard and then continued until March 15, 1897, at which time the action had been set for trial. On that day, at the calling of the case on the calendar, the plaintiffs moved the court to proceed witn the trial of the equitabie issue raised by the pleadings in the case, and to dispose of those issues before & jury should be called to try the legal issues .Both motions weregresisted. * * The motion to proceed with the trialof the equitable issues will be first considered, be- e the questions presented by it are in- ved, to some extent, in the motion to strike rvention from the files. After quoting copiously from the au- thorities touching the matter under gis- cussion Judge Slack added : Sufficient has been said to show that an action to quiet title, brought under section 758 of the Code of Civil Procedure, oy & plein- tiff in possession, whose possession has not been disturbed by legal proceedings, and an action to remove a cloud from titie are in their nature alike. The one is equitable as is the other, and the ome rests quite as much upon the principle quia timet rather than upon the doctrine of preventing & multiplicity of suits as does the other. So far as the purposes of the actions are concerned, however, there is a aifference between them. This difference between actions to remove clouds irom title and ections to quiet title under the statute is clearly pointed out by Commissioner Hayne in Castro vs. Berry (79 Cal. 443, 446). In the decision the following significant passage occurs: It is 10 be remarked thet Nettie R. Craven, the only defendant who has answered, docs not set forth in her answer the particuiars of her claims, further than her admissions of allegations of the supplemental complaint and her averments that the deeds are true and genuine and that she is the owner in fee sim- pie may so operate. The unuecssary matter in the supplemental compiain: wes not, how- ever, aitacked, nor was any objection made to the efficiency of the answer. The meagerness ofthe ayermerts of the answer, nevertheless, effordg ¥ome justification for the special Kleal iy the &nswes 1o the cross-complaint, assailing the deeds as & cloud upon title. Notwithstanding the equitable nature of the supplemental complaint, the defendant, Nettie R. Cravex, is entitled (o a jury trial as 10 the legal issies which it may be present * ¥ % but not as to equitable issues, if any there be: Hancock vs Plummer, 66 1d. 33 Crocker ve. Carpenter, 93 Id. 418! The proper course of procedure to pursue, did the case stand alone upon the suppiemental complaint and the answer, is stated by Chief Justice Field in Curtis vs. Sutter, 15 Cal. 260, 263. *** The defendant, Nettie R. Craven, had with- out doubt, the right to flie her cross-complaint in ejectment: see Donahue vs. Meister, 88 Cal. 121; and, in fact, her right to do so is not disputed. In sodoing she became an actor standing with reference to the cross-com- plaint substantially in the same position as if she had filed it as an original complaint in & teparate sotion, and the plainiifls, on the other hand, are substanually in the position of defendants in such an action: Ewing vs. Petterson, 35 Ind. 330. No good reeson has been suggested why & defendant in an uc- tion of ejectment, or & plaintiff when s cross- compleint in ejeciment has been interposed inst him, may not. in the exercise of his right to plead any defense which he may have under proper certain circumstances set forth facts showing that the instruments relied upon by the complainant as muniments of title constitute a cioud upon his own title and pray that the cloud removed. ~There is, of course, no doubt that he might under deniats show the complainants muniments of of title to be void. * * * It is to be observed in this case thatthe laintifls are in possession end the defendant, Nettie R. Creven, is out of possession, aud it may be assumed’ that the intervenor is also outof possession. The deeds in question, althiough they are alleged to be forged, constitute, if the allega- tions are true, clouds upon title, because their invalidity does rot appear on their face, and because, ‘patticuiarly, having cerufieates of acknowledmen: sttached, and having béen recorded, they may be read in_evidence with- out further proof, and certified copies of their Tecords can alsd be thus read iu evidence, under section 1951 ot the Code of Civil Pro- cedure: Remington Paper Company va. 0'Dougherty, 8L N. X., 474; Nationa, Bank vs. Levy, 127 Idaho, 549; Dunes vs. Gallagher, 5 Biatchf., 481; Byerly vs. Humphrey, 9 N. C., 1 B i dend Judge Slack thus presented his con- clusion in regard to the right of Mrs. Craven to jury trial under the conditions as produced by the filing of Miss Fair’'s com plamnt in intervention : The issues rafsed by the cross-complaint must first bo disposed oi: Whittier vs. Stege, 61, Cal., 238; Fish ve. Benson, 71 Id., 428, 434. Tho cquitabie defense 10 the cross-compiiat is, furthermore, first to be passed upou, and on the trinl of the issues presented by such defense, the parties bave 1o lezal right 1o a jury: Arguello vs. Edinger, 10 Cal., 150, 160; Estrada vs. Murohy, 19 1d., 248, 272; Weber vs. Marshall, 19 1d., 447, 457: Lestrade vs. Barth, 19 1d.. 661, 671; Downer vs. Smith, 24 id.. 114 124 Marun vs. Zellerbach., 38 1d. 300, 319; Fish vs. Penson, 71 Id., 428. 43 Swasoy vs. Adair, 88, Id., 179. Thus, in Es trada vs. Murphy, supre, the Court, after the langusge already quoted, continties: “The equitabie defense is, thereiore, first to be passed upon by the court, and undi it is dis- osed of the assertion of the legal remedy is n effect stayed. Upon tne determination of the court upon the relief prayed by the an- swer the necessity of proceeding witn the ac- ton at law will depend. When it does proceed the legal title will control its result.’” ~Again, in Weber vs. Marshall, suprs, it was said: “It does ot by ‘any mesns foliow that a jury must be called 0 pass upon au equitable” de- fense to an action of ejectment. The parties are entitled to0 & rial by jury upon the legal issues, but the court, sitting to admin- ister equitable relief, lither by way. of defense 10 an action of ejectment or affirma- tively sits asa chancellor aud in the exercise of equitable powers, may or may not order an ixsue or issues to a jufy in its discretion.”” The legal issues may thereafter be required to be submitted to & jury as of right: Taylor vs. Ford, 92 Cal. 419." These results cannot at el be affected by the fact that the parties at an early stage Of the centroversy stipulated that the “iction” should be tried belore a stili withhold the posscssion thereof from the defendant, to her damage in the sum of $200,- 000; and’that the vaiuc of the rents and profits oi the premises, from and after January 21895, is, hus been and will continue to be $5000 per month. The plainuffs, on March 8, 1897, filed an answer to the cross-complaint, iu which, as in their answer to the original cross-compiaint, thiey deny all of Mrs. Craven’s allegations. The decision necesserily contained many quotatiors from former pleadings, going over subjects already familiar to the read- ing public. After settine forth the condi- tions that prevailed up to the time of the filing of Miss Fair's bill in intervenor the court said: Four days after the answer to the cross- jury: See Bodiey vs. Ferguson, 30 Cal., 511. The motiom 10 proceed first with the trinl of the equitable issues must iherefore be grauted in so far and so {ar only as it relates to the eqtitable 1ssues presented by the answer to the cross-complaint. The ruling on the motion to strike the complaint in the intervention from the files, as Judge Slack remarked, was fore- shadowed in most particulars by the wviews of the court already expressed. The objection that the complaint in inter- ntion l’hnuh‘l not b8 allowed because of the intervenor’s delsy cannot be sustained. The intervention wes in time under the luw as it now stands if the application {orleave to fu- was made, 85 bere, before the’ trial. on vs. The case of Smith ve. Gale, 144 U. 8,509, which | holds to the contrary, that the application may be refused because of unreasonabie delay, even though made before the trial, is based upon the case of Haoker vs. Kelley, 14 Cal., | 164, decided under s statutory provision dii- | ferent from the section of ihe code above | quoted. Besides, an_intervenor, as the one at | the bar, who makes application for leave o in- | tervene four days after the issues wero joined iu the principal suit and three days before the case was to be called for trial, cannot be said 10 kave been guilty of unreasonable delay. Tt is also contended that the proceedings in intervention, 1f permitted to stand, will re- tard the principal suit, and that this_must | mot be "donme. (Gaines vs. Page, 15 La. Ann., 108; Taylor vs. Boeditker, 23 1a.,” 79: ' Van Gorden vs. Ormsby, 56"Tows, 657; Teachout vs. Des Moines and | . Rnilway, 75 1d., 722: Kassing vs. Walter, {657 N. 'W. 832 (lowa); Eccles vs. Hill, |18 Texas,' 67; Ragland vs. Wisrock, 61 | 1d., 391). This Tule, in Louisiana and in fowa, is ‘based upon special statutory provisious: (Ls. Rev. Code of Pr. Art. 191; McClain’s Ann. | Code of Towa, sec. 3890). Thé rule, however, bas its limitations. It does mot apply 1o the necessary delay in reaching issues on the complaint in intervention, but only t0 such delays as continusnces to procure evidence. The motion to strike the complaint in inter- vention from the files must, for these reasons, be denied. The close of Judge Slack’s remarks was the signal for anotner struggle on the part | of attorneys opposed to Mrs. Craven to | see which could offer the most potent reason for further delay. Attorney Charles 8. Wheeler intimated that it was luncheon time, and s; though he wished to offer cert gestions to the court in opposition to the calling of a jury to assist the chancellor at this time, yet he would prefer to take up the subject at 2 o’clock in the after- noon, so a recess was taken until that | time, In the afternoon another gathering of lawyers and citizens filled Judge Slack’s courtroom, and the interest was unabated. The Judge looked inquiringly at Mr. Wheeler, and that gentleman somewhat bashiully begun to tell why he did not think it wise to call in a jury at this stage of the proceedings, but he had not got far in his baiting argument before he paused, and with evident embarrassment said that it had just occurred to him that no ans wer to Miss Fair's intervention had been filed by Mrs. Craven. “I was not unmindful of that fact,’” re- marked Judge Slack dryly. | Mr. Deimas asked that the answer be considered filed, and that the matter be proceeded with at once. He desired to | avoid delay. The court was still looking quizzically at Mr. Wheeler. There were signs of balking on Mr. Wheeler's part, but Judge Slack mildly | insisted that certain suggestions had been | promised for the after-luncheon session, und be would like to hear them. At length Mr. Wheeler appealed to the court, asking that he be excused from further remarks until after Mrs. Craven’s answer to the suit in intervention has been filea. Mr. Delmas again protested against this, saying that it would only cause vexatious and unprofitable delay, and that as the answer would bs a simple denial, it might be _considered in. | Mr. Wheeler's embarrassment was be- coming painful, and the court at last granted the relief so vehemently sought by him. | “Then another plan for_putting off the | trial was disclosed. Mr. McEnerney stated that Mr. Angus and the other trustees under the will do not admit Miss Fair’s ownership of the property and that he, as attorney for the trustees, would file an answer to her complaint. Judge Slack in reply to a remark by Mr. Delmas said that this_course was rightfully open to Mr. McEnerney’s clients, and that Mrs. Craven might answer or demur or might decline to act altogether with respect to the suit in in- | tervention. H: would not be beld re- } sponsible, however, for the result of inac- tion. | " Mr. Delmas said it was recognized that the court had not passed on the sufficiency of the compiaint, but Mrs. Craven hesi- tated to file a demurrer lest it might inter- fere with the trial of the main issue. 1t was agreed that all opposing parties shall answer or demur within forty-eight hours, and that the sugeestions of Wheeler against the calling in of a jury shall be heard next Thursday. Formal orders were made for the partial distribution of the bequests provided in the will, including $2000 to Herbert | Carke, $10,000 for J.'S. Angus, $14,800 for | the estate of Mr. Bresse, $10,000 for James | Fair, $50,000 for Archbishop g Riordan, | $70,000 for minor heirs represented by at- | torney Van R. Pate:son, $22,727 for Wesley Crothers and otber small legacies bring- | ing the total up to about $200,000. It was | ascertained that the estate has plenty of money on hand and that the bequests may be paid withous inconvenience. Then Mr. Wheeler arose and said that he wished to press the petition of the children of James G. Fair that all the real property owned by the deceased be dis- tributed to them directly and immedi- ately. Mr. Delmas objected to any such action touching the real property claimed by the client represented by himself and Mr. Shortridge. Judge Slack thought it would compli- cate matters to include the disputed lots In such an_order of distribution, and Mr. Wheeler abandoned that point. It remains to be seen what plea for se- curing more delay will be_thought up by the opponents of Mrs. Craven between now and next Thursday. | (Coburn vs. smart, 53 Cal., 742; Thom, | Huron Lumber.Company, 4 Wash., FOR JEWISH CHILDREN. An Organization to Provide Them With Retigious Instruction. There was a meeting of leaders in Jew- ish circles in Temple Emanu-El last even- | ing, the object of which was to provide free religious instruction to Jewish chil. dren. The following directors were elected Colonel H. P. Bush, J. Wallner, M. H. Wassering 'and D. Samuels for three years; Julius Kahn, B, Harris, M. J. Lyons and L J. Ashheim, two years; L Greenbaum, I Wolf, W. A. Wise and Joe Roth- child for one year. This will make the board a pervetual body. The following officers were then elected : Jacob Greenebaum, president; Julins Kaim, vice-pres ident; Wallace E. Wise, | secretary; D. Samuels, treasurer: com- | mittee on rules—Julius Kahn, Colonel H, | P.Bush and L J. Ashheim; committes | on canvassing for members—Julins Kahn, J. Wollner, Rabbi M. 8. Levy, Rabbi Jacob Voorsanger and Jjacob Nieto. The condition for members is: For one class, §6 per year and the other such sums as they may see fit to donate. ———— HIS MINES AVAILED NOT. George W. filver Arrestea for Issuing T a Bogus Check. George W. Silver, the alleged discoverer of gold mines in the Peruvian Andes, South.America, was arrested last night by Detectives Dillon and Crockett at 1149 Mission street, and will be charged with issuing a fictitious check. Yesterday he gave his landiady a check for $2 in payment ‘of one week’s rent, on the American Trust Bank. When she presented the check at the bank she was told that no such man had an account t here, 5o she notified the police. The police are making an investigation into Silver's antecedents and they say that ne is an accomplished fraud. At the same (ime investigation has veri- fied at least a portion of his wonderiu! story. His alleged mines, it seems, were discovered several years ago, reports made upon them, machinery bought ana shipped to Pera and the matter kept dark by those closely interested. It thought that Silver in some way came nto possession of the knowledge of the mines and that his stories werg built on that information kel g e Bacgage Transferred to Trains,Steamers " Also moved in the City. MORTON EPECIAL DELIVERY, 408 Taylor street and 650 Market street.* HEADS ARE SAFE ~ fOR THE PRESENT Board of Supervisors Said to Have Declared a Truce. On!ly One Patrol Wagon Driver Removed at Yesterday’s Meeting. Police Commission r M. A. Guast Given a Leave of Abiencs Be- cause of Sickasss. The gallery and lobby of the meeting- room of the Board of Supervisors were crowded yesterday in anticipation that something sensational in the way of changes in the matter of City employes would occur, but for some reason a truce has been declared among the warring poli- ticians and only one man lost his job. Suvervisor Clinton is particularly inter- ested in Edward Nolan and haa him for a patrol-wagon driver's position, but when the slate was made up at the last meeting Nolan was put down for a janftor’s bertn. This did not suit the doctor a little bit and he refused to vote for the slate. Yesterday the matter was patched up by removing Patrol Driver George How- ard and giving Nolan the place. Nolan’s vacant jauitorsip was filled by the ap- pointment of Charies Eerkson. It is confidently asserted by Surervisors in a position to know the state of affairs that while there may be a few more minor changes the board will not make the gen- eral cleaning out that was feared a few days ago. Police Commissioner M. A, Gunst was granted a six months’ leave of absence, with permission to leave the State, to be- gin on the 11th inst. His physician certi- fied that he was seriously ill and that it would be necessary for him to consult cer- tain physiciaus in Europe in order to ob- tain the best results. Gas and Water Inspector Charles L.Tay- lor notified the board that the Spring Val- ley Water Company had failed to place meters in certain public buildings and squeres as required. In his communica- tion he says: Pursuant to your resolution—No. 15,851, third serles—requiring the Spring Vailey Water Company 10 attach meters to several scnoolhouses named therein, aiso City ana County Hospital and Altaplaza, I have o re- ort: P U pon recoipt of the resolution referred to I immediately called upon the company and re- quested that they would notify me as soon as the meters were placed as requested, to which the reply was made that it would bé some lit- tle time before thiscould be accomplished as they had no meters availeble for the purpose. I have since made seversl callson the com- pany in order to ascertain what they iutended 10 do in this watter, but with very litile satis- fnction, as the company claimed that there must be an understanding witn the Water Committee of the Board of Superyisors as to who wili pay the cost of the meters, especially as they claim that it will be necessary to either have them manutacturcd or send East for them. This is one oi the subjects for your consideration and in which 1 have no power or discretion. The matier was referred to the Water Commitiee. Supervisor Clinton gave no- tice that at the next meeting he wouid offer a resolution that several men be ap- pointed as street and sidewalk inspectors 0 that all public work may be examined as it goes along. His action was caused by the protest of proper:y-owners in dif- ferent sections that their sidewalks, curbs and other street improvements are not being done according to specifications. A resolution permitting the perform- ance of street work by private contract until ceriain material points bearing on the matter are decided by the Supreme Court was adopted unanimously. Supervisor Clinton presented a resolu- tion ordering abandoned and removed certsin hydrants that had been reportea by the Fire Department as of no further nse to the City. The resolution, which was adopted, was as follows: Reso'ved, That the Chief Engineer of the Fire Department is hereby empowered to have re- moved by the mechanics emploved in said de- partment the hydranis erected and maintained at the following locations, the same being of no further service for the extinguishing of fires, to wit: One hydreut at each of the fol- lowiug locations: Ou the eastline of Fifth ay- enue; at points 225 feet north of Fulton street, 80 feet _south of Cstrest, 300 feet north of ¢ street, 80 feet south of Bstreetr and 300 feet north'of B street, aiso at the northeast corner of Fulton street and Fourth avenue. Resolved, That the Spring Valley Waler Com- pany is liereby required to take notice that £aid hydrants being of no further use.are hereby abandoned and no further payment will be made on said hydrants. Thomas Sawyer, president of the Society of Oid Friends, notified the board that the parties who recently avplied for a permit for a masquerade ball under the name of the society have no connsction with the original organization and that the organi- zation has no matquerade under contem- plation. Mayor Phelan appointed as a Committee on Taxation, in conformity with the reso- lution offered at the last meeting by Su- pervisor Clinton, Supervisors Clinton, Dodge and Lackman. STREET IMPROVEMENTS. Summary of the Week’s Work Acted On by the Board. The following is a complete summary of the street improvements which passed the Board of Bupervisors at gesterday’ session: AWARDS OF CONTRACTS Pierce, Lombard 1o Chestnut—To Owen Keenan for grading westerly ha.f. Tyweitth avenue, C (0 Fulton—To Warren & Malley for graaing, curbing, ete. Thirteeuth avenne, C 10 Fulion—To Warren & Mal ey for same. Fulion. Lyon to Central avenue—To & E. Tucker for sione sidswalks. Plerce. Turk 10 £ddy—To S E, Tucker for same. Vicksburg. Twenty-second to Twenty-tuird—To Flinn & Treacy for same. Vicksburg, Twenty-tiird to Twenty-fourth=To Fred Lefller for same. Onk, Devisadero to Scott—To §, E. Tuoker for ame on north side. Gough and Eddy—To J. J. Dowling for bitumi- Dous paving. Twenty-elghth, Guerrero to Dolores—To P. Fiynn for plaak sidewalks. H street, Seven:h to Eighth avenue—To M. F. Sullivan foy same. _ Linden avenue, Van Ness avenue to Franklin— To Buckman Contraciing Company for sewer, etc. Tennessee. Tweutv-second to point 466 feet northerly—To J. H. Blagham for curbsand paving. RESOLUTION OF INTENTION. Central avenue to Golden Gate avenue—Bitu- men. Cherry and Sacramento—Sam Leavenworth, Fiibert Lo Greenwieh—Paving and curbs. Leavenworth and Greenwich—Bituman, Leavenworth, Greeuwich to Lombard—Curbs and paving. Bay, Van Ness avenue to Franklin—Pipe sewer, ete. “Buy, Franklin to Gough—Sane. Bay aud Frankliu—Pipe sewers, culverts, crbs, ete. Bay and Gough—Same. Bay, Gough 1o Octavis—Same. Buy'and Ootavia—same. Bay, Octavie 10 Liguna—Same. Bay' and Buchanwi—Pipe sewer, brick sewer, storm water inlet, etc. RECOMMEXDED BY THE SUPERINTENDENT OF STREETS. Twenty-fourth, Valenca to San Jose avenue— Curbs and paving g Lwenty-fourih. San Jose avenue to Guerrero— me. Twentr-fourth, Guerrero to Fair Onks—Same. Sanchez and Twentv-third—Paving. Church and Twentietb—Same. Alvarado and Noe—Same. Chureh and Twenty-second—Same. Chureh and Hancock—Stormwater inlet, etc. Guerrero, on westeriy line from Dorland, to polnt fitty-eignt feet noriherly—Stone sidewalks. Miission ana Twenty-second—Same on sout heast- erly corner. Thirteenth and Folsom—Same on northeasterly corner. Branoan and Sixth—Plauk sidewalks. BECOMMENDED ¥OR FULL ACCEPTANCE. Devisadero and Valiejo—Bitumen. Devisadero and Green—Same. Central avenue, Hayes to Fuli—Same. Lyon, McAllistér to Fulton—Same. OBJECTIONS TO STREET WORK OVERRULED. Mnson and Jefterson—Grading, sewering, eic. Mason, B ach to Jefferson—Brick sewer, etc. PROFOSAL) ODERED READVERTISED. (o Larkin, Filbert (o Greenwich—Bituminous pav- ng. Montgomery avenue, Bay to North Point—Grad- EXTENSION OF TIMR GEANTED. Cortland aud Andover avenues—To M. F. Sul- 1ivan, 60 days on storm-water iolets. Fifteenin avenue and S sirest south—To M. C. Hogan, 90 days on grading, eic. Raiiroad avenue, Thirty-fifth avenue to San Bruno road—To M. C. Hogan, 120 days on grading, ee. Raliroad _avenue, Twenty-four:h avenue to Thirtieth avenue—same. : B street, seventh to Eighth avenue—To J G. Conroy, 30 days on erading, etc. Stanyan, Fuiton to Fell—fo J. J. Dowling, 60 ing, etc. Washington, Gouzh to Laguna—Same, Laguua, Sacramento to Clay—Same. Cole and Walier—Same. Steiner, Green 10 Union—Sam Krannan, Nioth to Tenth—To City Street Im- Pproving Company, 60 duys on paving, etc. CLasiro and army—To O. & Carvil, 50 days on grading, etc. EXTENSION OF TIME RECOMMENDED. B street. ~eventh 10 Eighth avenne—To J. G. Conroy, 50 days on grading. sewerinz, etc. “Thirteenth and Alpine—To Jonn £. Morton, 30 days ou pavin Fhirteenin, Castro 1o Devisadero—To Thomas Clark, 90 days oo sewering. Van Ness avenue. Vallejo to Graen—To Ada- mantine Faving Com pany, 30 days on_sidewalks. Green street and Van Ness avenue—same. Mission street and silver svenue—To Garrett Burke, 30 days on consiructing corners, macadam- 1zing, etc. PETITIONS REFERRED TO STREET COMMITTEE. Minna streei—s. C. Murray, to repair sidewalk in front of premises. Market, 1biricenth to Fourteenth—J. T. Quig- ley, to have sewer nuisauce abated. Liberty, Sanchez to Noe—Liverty Heights Im- provement Club, to have commit.ee's action in cuiablishing fuermediate grade coufirmea by the ard. Morth @venue. Powhattan to California—M. J. Pires, (0 blast for grading purposes. Rattler test — keal ksiate and Development Company, to have abolished 5o far as concerns certatn districts. Siockton, Sacramento to California—S. E. Tucker, for release from contract to lay stone side- walks. Golden Gate avenue, Jones to Leavenworth and contiguous disiricts—Louis Purcell, for examina- tion of condition of sidewalks. Twenty-second, Noe to ~anchez—Louis E. Fer- rler for ielease from contract o lay stone side- walks. West Mission, Twelith to Thirteenth—John H. Reynolds, for paving. Nine:eenth. Tennessee to Minnesota—Southern Helgits lmprovement Club, for plauk sidewatks. PROTFSTS REFERRED TO STREET COMMITTEE. Liberty, Sanchez to Noe— Property - owners, agalust raise of grade. Poplar aliey, Twenty-fitth 10 Twenty-sixth—J. O;Xeliy, sgainst groding aud pavioe. Sixth, frwin to Hooper and crossings of Hooper and nixth and Irwin and Sixth—Moses Klils, against paving, etc. Sagamore, Capitol to Orizaba avenue—Prop- erty-owners, agalcst grading, eic. Clay, Bakerto Lyou—Property-owners, against paving. nue, Sagamore to Palmeito—Same, . etc. yon, Bush 16 Pine—Same, against paving. Clay and Locust—same, Bryant, First to Stanley place—Same. Points in contiguous region lnciudea. Locust, Wushington to Hamiiton, avainst paving Cupliol avenue, Sagamore to Palmetto avenue— A. k. Hoiloway, against grading, etc. Green, Fillmore to Sielner—Property-owners, against paving, etc. PETITIONS BEFERRED TO STREET LIGHTS COM- MITTEE. Grant avenue and Sutter—Sherman, Clay & Co., to place electric ampson the face of two columns. Nineteenth and Yors—Kesidents, for sireet lamp. Jackson—Alexander REPORT OF STREET COM MITTEE. Brady sireet— Sult recommended brought against obstructionisis. Lyon, at intersection of Broadway, Vallejo, Green and Unlon—Final passage of order estab: labing grades recommended. Private contracts for street work—Resolutfon re- ferring permits recommended indefiniely posi- poned: Hampshire, Twenty-third to Twenty-fourth—In favor of private contrac: for paving. Sacramenio, Cherry to First avenne—Same. Ocesu View' district—In {AVOr Of sewer system. Holly Park svenue and North avenue, Hoiy Park to Corlland aveuus—same. Eurekd, Twentleth io Twenty-first—In favor of Drivate comract for paving Niveteenth avenue, kK -street to Ocean View— 1n favor of grading, eic. Mission, Highland to Crescent avenue—Ia favor of privaté coniract to pave. Bryant, : wenty-fourth to Twenty-fifth—Same. Mission sireer, Cortland to Highland asenue Same. Walle r Buchanan to Webster—Same. Cort.aud avenue, Mission street (0 Andover ave- Due—In favor of compleiion of work Davis, Commercia 10 Clay—In favor of grant- Ing permission to lay plank sidewalks in iront of C. A. Suliivao’s property. Twenty-ixth, Valencia to San Jose avenue— Stone std walks recommended. nue—ln favor oOf grauting permission 1o lay stone sidewalks. Twenty-second, Castro to point 130 feet easteriy ©on north side—Work 0f repair has been started. Cor jand avenue, Mission to Benoiogion—Uni- form width of 12 feet for sidewaiks recommended. | Bay, Montgomery avenue to Leavenworth—in | favor of paving. First avenue Mission to Howard—Sidewalks shouid be repaired. Mason street—sewer nuisance should be abated. Alabama aud Army—Cesspools recommended. Folsom stree: and Precita avenue—In favor ot chauging cesspools to conform to width of side- walks. Stoueman (late Norwick sireet)—Grading and sewer recommended . 3 Harrison street, Serpentine to Preclts avenue— Same. Elizabeth, east from Noe—In favor of granting permission to certuin sidewaiks. M, sewer — Recommended through y—In favo: of grading and paving. Otlier petitions ana protests reported adver. sely (0. WILL HAVE A NEW LAUNCH A Beautiful Craft to Be Built ior the Fish Com- mission. . It Will Be Used to Apprehend Illegal Fishermen on the Rivers > and Bays. The California State Fish and Game Commission 1s to have a gasoline launch of its own, end fiom the plans proposed by John Twigg & Son, the builders, it will be a clipper in its line. In the past the commissioners have been obliged to hire a launch for all raids upon the rivers and on the bay. For three years the Hustler has bren doing service in this line at a great expense to the State. At the meeting of the commissioners yesterday the contract for the Quinnat, for this will be the name of the boai, was let. In dimensions it will be 36 feet long, 734 feet beam, and will draw only 3 feet of water. This will permit of going into many places where a deeper vessel would not be able. The boat will be driven by a twenty horsepower union gas engine, and it is expected that the craft will be the speedi- est of her class in these waters. The cabin is to be inclosed by glass and will have sleeping and living accommodations for six men. The launeh will probably be completed within ninety days and will cost $2600. D puty Davis, who is now up the river on the Hustler, reported that recently, while on the Tolanu drift, near Rio Visc: he confiscated a ealmen boat and net, but that the men escapad into the tule: A bove Coliinsville be captured three men, a salmon boat and net. All of these wer: violating the law which prohibits the taking of salmon between sunrise on Sat- urday and sunset on Sunday during the open season. . International Labor Day.’ The socialists are preparing for a great time on international labor day, May 1. The local celebration will be held in Metropolitan Temple and & fine programme is being ar- ranged. The committee of arrangements con - sists of George Speed, E. T.Kingsley, T. An- thony, W. Costley and T. Beresford. is on every wrapper of efther since then. Leavenworth, callister 10 Golden Gate ave- | t | women as men. LINCOLN LEAGDE - WINS SUPPORT Proposed Monument in Golden Gate Park to the Great Leader. Assurance Is Given That the Enterprise Will Gain Na- tional Recognition. Posts of the Gracd Army of the Re. public Are Taking Ac'ive Measures in Aid of the Pr:j:ct. The proposition to build in Golden Gate Park a monument in honor of Abraham Lincoln has won widespread commenda tion. All classes of people unite in prais- ing the enterprise, end everything is fay- orable to the accomplishment of the project. . While the Grand Army of the Republic is the chief promoter of the project there is ample assurance that all the rest of the patriotic organizations will heartily join in every good measure to advance the movement. The plan proposed by W. W. Stone has received the cordial indorsement of Com- mander-in-Chiet Clarkson of the G. A. R. partment of Californiaand Nevada, issued an order yesterday, ome paragraph of which directs the aftention of posts to the following circular: Headqrs Lincoln Monument National League, 322 Haight street, 2 SAX FRANCISCO, April 3, 1897. To Comrades of the Grand Army .of the Repub- lic: A special committee of the San Francisco Board of Education has been appolnted to act in conjunction with the Lincoln League in arianging for a proper observance of Lincoln day in our schogpls. Ofiicers and comrades of posts all over the country are urgently requested to see the school authorities at once and arouse interest in the day,and get superintendents, school trustees and school principsls to arrange a programme for the afternoon of that day for the purpose of making the occasion a com- memorative one in the history of the schools of California. T. C. Masteller, commander of the De- | U/Emphas'ze the fact, when you are talking to senool officers, that the veterans of the war represent the history of Lincoin’s time, and that we offer an object lesson that will be ap- preciated by every patriotic teachel. This day wili be a memorable one in the history of the Grand Army, ii we do our duty. Letters are comiug from all parts of the coun- |y asking ID£ full information, and we are referring such people to the Grand Army com- rn%g $0 every one shouid bs posted on the subject. Iiis expected that a formal programme will be shortly made out by & committee of schoei principals, under the direction of Comraie rooks, who is chairman of the Committee on Schools and Churches. It is desired to form from among the scheol children throughout the United States a Lin- coln Monumext National League, for the pur- pose of 1alsing funds with which to erect a | National monument to the memory of Abra- ham Lincoln, the same to pe piaced in Golden Gate Park. Any one wishing to join may do 50 by paying into the monument fund twentys five cents. Subseribers will receive a certifi- cate of membership and a league button. Branch gues should be formed 1n every locality. This work is now entirely in the hands of the Grand Army, and the monument to be built will be in every sense a standing testimonial of the Grand Army to the memory of the great shining light of the nineteenth century. Chilaren’ will be asked to bring flowers to their teachers for G. A. R. memorial commit- tees on Friday preceaing Memorial day. It is proposed on that day to ask posts of the Grand Army throughout the whole couatry to detail velerans to visit schools, and to talk to the children on matters pertaining to the struggle against disunion. 1shall be happy to hear .from any comrads on this subject, and &lso from my brother and sister co-workers in the schools “of the State. Fraternally, . W. STONE, President Lincoln Monument National League, 22 Haight street, San Franeisco. The organizers of the National League |are in constant receipt of letters com- mending the movement, and the corre- | spondence indicates that many sctive men | awelling east of the Mississippi River wiil | join the people of the Paacific Coast in | this worthy and patriotic effort. An estimate is made that $100,000 will be required to erect such a monument as should be raised in Golden Gate Park to | commemorate the memory of Lincoln. | There is no doubt that school children | throughout the United States will join the | league, and the interest that_such enlist- | ment is sure to impart will encourage patriotic contributions from individuals | and societies indevendent of the schools. |~ Undoubtedly California will contribate | generously in‘aid of the monument fund. | The subject will receive the attention of | the Department Encampment of the | Grand Army, which meets in Salinas this month. Representative men of the Loyal Legion are ready to lend a_help- |ing hand. Colonel 8. M. B. Young, | commander of the legion, and Colonel J. | C. Currier, senior vice commander, com- | mend the proposition. Colonel William | R, Shaiter, whose nomination for com- | mander of the legion to succeed Colonel Young has already been made, is known | to be a great aamirer of Lincoln. | _ To-day there will be a meeting of the Lincoln monument committee to consider | the observance of Lincoln day in the pub- | lic schools, DR. SANDEN’S (Nat S'old in Drugstores HERE IS A My troubles had annoyed me for yi The belt knocked the ars, and my Inughed at toe idea woen & changed now and am talking for it myseif. Yours while the apply. of Men,” free. way; DR. A. T. SANDEN-—Dear Sir: After suffering tortures from rheumatism, kidneys I was induced to try your Beit, and I wouid not give it up now for $30. ain out in 3ix weeks and the rhe Remember that there is no other Electric Beltlike Dr. Senden and experience has made his Belt gs near perfect as an Electric Belt can be. alone is an important feature possessed by no other Electric Belt, and uny one who has used he old-style article will appreciate being able 1o make the current mild or strong at will elt is on the body. To cure. an Electric Beit must be strong, durable and easy to Dr. Sanden’s is the only one made which can clalm these points. Man and wife can wear the same Belt. Get Dr. Sanden’ NEW TO-DAY. BACK PAINS, Lame Back, Rheumatism, Kid- ney Trouble, Lumbago and Sciatica Can be Cured by Dr. Sanden’s Electric Belt. PAIN IN THE BACK, WHATEVER THE reason ior it, quickly yields io the mild, soothing influence of eleciricity given by DR. SANDEN'S ELECTRIC BELT. The trouble Jies in either the nerves or muscles which cen- ter at the spine, aud the electric curreat, which is strengthening in its effects, will drive out the cause of the pain in a few days. Tustant relfef foliows the application of ELECTRIC BELT nor by Traveling Agents), And a permanent cure is warranted in all cases. LATE CURE. SAN FRANCISCO, March 26, 1897. Iame back and wesk 7 could ot get another. ck wis 50 Weak I could not Iifi twenty-five pounds. no: selt a touch re me, but I am 24 Powell street. . His thirty years’ study The regulator matism in three, aud | b friend told me your Eelt would ¢ truly, . J. BURKE, ) And it is as good for book, “Three Classes SANDEN ELECTRIC CO., 8., & grste, Office hours—S A. M. to 8 P.M.; Sundays, 10 tol Los AngelesOfiice 204 south Brosad « Portland, Or.. 255 Washington street; Denver, Colo., 935 Sixteenth street. DOk —sake no mistake in the number—E3 2 Market street Make note of it. TRUSS CURES RUPTURE. DR. SANDEN’ SELECTRIC. New Life, New Strength, STRONG AGAIN =% THE ANAPHRODISIC, From PROF. DR. RICORD of Paris is the ouly remedy for restoring strength under guarantee, and will bring back your lost sowers and stop forever the dangerous Sratnson yoursvstem. They act quickly, create a healthy digestion, pure, rich blood, firm muscles, rucged strength, steady nerves ana clear brain. Imported direct from Paris. Price per box, direc- tions inclosed, §2.50. For sale by all re- spectable druggisis. Mail orders from any person shall receive prompt attention. For sale by Dr. V. Condory, 460 Quincy Building, Chicago. AUTCTION e R VON RHEIN & CO THIS DAY, ’ TUESDAY.. ... APRIL 6, 1897. At 513 California Street. LARGE SIXTH-3T. CORNER—RENT $300 75%x125; E. corner of Sixth and Shipley. Improvemen‘s — Arcade Market on Sixth and 9 flats on Snipe ley. MUST EE SOLD. ANOTHER SIXTHST. BARGAIN. 50x85; 506-510 Sixth St., south | of Bryant; stores and flats. Ripans said the man from Washington. ence the most terrible sensation that unable to get out of their reach. of CASTORIA. Y **1 can speak in the highest terms of Tabules “T have been for years troubled with nightmare (an erroneous expression, but one-that thousands are familiar with), and have suffered a thousand deaths, being caused directly by a torpid liver, thence stagnation of the blood. A short while after retiring I wouid experi- human can fall heir to, such as having heavy weights upon you, seeing horrible animals, burgiars, etc., and being T have tried everything on the market that I could think would be of benefit, but never struck the right remedy until I tried Ripans Tabules, and since hat time nightmare with me is a thing of the past.”