The San Francisco Call. Newspaper, August 28, 1897, Page 7

THE SAN FRANCISCO CALL, SATURDAY, AUGUST 28, 1897. 7 | { | | BALDWIN THEATER. COLUMBIA THEATER- The 's OPERA-HOUSE— Heart of Maryland.” at Unknown’ The Traiu Wreck- ers ALCAZAR THEATER.- “Jane” TivoLr Orxra Housk - 11 Trovatore. | ORPHEUM.—High-Class Vaudevilie, QBERON.—G Concert. ! SUTKO BaTRS.—Bathing and_Performances. | INr CHUTES AND CHUTES FREE THEATER.— audeville Company, every afiernoon and | They Lost Their Third Point | in the Suit to Oust Them. HANICS PAVILION—M Fair now FaIR— , commencing Septem.- | BSEN & Co, at 14 Montgom H. Un Est CITY NEWS IN BRIEF. e Wallace nas set the trial of the case of o K. riich against the Supervisors for next Thursda cu, a gardener who formerly my Pieasant, fell dead yes- rnia street. derick sent a caustic letter to the rday on thesubjectof his actioa in ationery and printing warrants. e Stewart of Sacramento bas as a Society for the Preve i t Childrea to assist her in findiug & | daughter. | Patrick’s estate is in Jcourse of set Judge Coffey’s court. During Pairick was known in th James . Story. y declined u ago showed strength o WAas & recovery o al the closs ¢ laying of the M recently adopted ng the board “The at the Fai tion. on of testimo! {he evidence and andertook to evict o reat | | s the ia th d on October 4. night's mee:- | r Council was represenatives s wave has made itselt ap- | f a male child about 15 day erday in & vacant lot on the ixth and Army streets. nty-sixth street made was taken in charge in the case of the death rder, who Was run over by rned a verdict o sed the compa 2ep people rom aite a - has ht ablished the fact that the dy irom the winery to t of the mistake of rweight | J Mark yesterday in the it in favor of the ed the damages at §1. The ges for an alieged infringe- cuit Judge Morrow issued v giving m wers 1o examine his former at- .. Boone, us to the charges made stimony to be gainst the San s 1mprovement Club of ved in so far as it can ary bet- necessa ce tne thie icles of value. t1, one of the v o Fair trial, was ordered into eraay, and will be While on the stand testified that he saw Sena- , 1804, but 1d the truth nent in the ¢ of Insurance Compar ust Company was begur ted States Circuit Judge Morrow yasterday {ternoon. Lawyer Cannon, on be Theresa Abell, & lute General Dimond was unduly influenced by Dr. Rosenthal against Mrs. Abeli, ——————— FELL DEAD. Gardener Pierre J. Pecheu, Who Worked for Mammy Plaisance. Pierre J. Pecheu, an elderly Frenchman who used to oversee a ranch for Mammy Plaisance, fell acaa of heart disease yester- day afterncon, in front of a French res- taurant at 619 California street. He had “eaten dinner there and complained that his heart pained him. He walked to the sidewalk and fell to the ground a corpse. On the body was found a letter from Mammy Plaisance, 1661 Octavia street, addressed to him at Beltane ranch, So- noma County, in which letter “Mammy’’ rakes him over the coals because the men were “soldiering.”” She says that some one named Albert told her that the men 100k three days to doone day’s plowing; that they didn’t get up until 8 o’clock in the morning, and that a large number of men had apolied to her in San Francisco to go to work on the ranch at $20 per month. She orders Pecheu to have the men rise at 6 and go to work on schedule time, or discharge them and send them to her for their pay. An inguest w! pe held by the Coroner. FEW 70-DAY! For one reason of wemen mecomes @ @another impaired, and on sccount of what 1s termed ‘/emale com- plaints,” life becomes a burden. Many think ‘tnat these pains and aches that wear women's jife down with pervousness and so rapidly #ge them must be endurea. But tnis is mot true. Headaches, sleeplessness, llck‘ of energy, nervous prostration, despond- ency, weariness, neurslgia, are all dis- | = g pelled, sud nervous, 3 ailing women sre Te- Dr' Mlles stored to health by Book free, Restorative Nervine ddress, " 0%, MILES MEDICAL €O.. Elihart, Inde | AUCTION SALES. 1 | third defeat in the litigation instituted by | | ing that this is 8 summary proceeding and | | vacancy ensuing. The majority of lawyers THE PROSECOTION WINS A POINT! Hoffman's Family Troubles Will Not Be Aired - | in Court, LITY DADS HAD VERY fiARD LUCK Judge Campbell Reversed His| Decision in the Matter Twice. Arguments on the Admission of | Lewek's Testimony Take Up the Day's Session. { 1 | Judge Wallace Orders Them to EEMS TO BE ADVERSE THE 1AW Go to Trial Next In the preliminary examination of Figel | = yesterday the entire session of the court | Thursday. was taken up in argument as to whether | the testimony of Solomon Lewek, in re- gard to the letter Hoffman had shown him and the couversation Lewek had with tne deceased at that time, should be | admitted as evidence. | Wednesday Judge Campbell sustained the objection of the prosecution to this | testimony, but Geueral Barnes renewed the argument on the subject yvesterday morning and a heated discussion of the point of law resulted. General Barnes and Judge Louderback | contended that the testimony was com- | petent, as showing that there was a skele- | ton in Hoffman's family over which he was constantly brooding, and that this i would show that he had a motive for George K. Fitch to oust them from office | suicide. for al'eged malfeasance. | _ For the prosecution Judge Murphy ard | The first victory for Mr. Fitch was in | Elr-h-‘\ch nrauid Sy i]hisfvide:ce would | N da At g v - | be hearsay and that Mr. Lewek’s conver- it T ‘falre’&“;;]:i‘::; | sation wiih Hoffman did not take place R A near enough to the death of the latler to the second was recorded in the Supreme | be of any use in showing his state of mind | Court proceedings, whereby it was held on the day of his adeath. | that the Superior Court has jurisdiction | At the conclusion of the morning ses- of the case, and the third setback came | Sion Judge Campbell ruled that the de- | vesterday, when Judge Wallace ruled that | [€13¢ should be ailowed to introduce the | = testimony to rebut that of the prosecation the defendants were not entitled to delay | wnich showed that Hoffman’s family rela- veyond a few davs to prepare for trial, and : tions were happy. set the matter for hearing on Thursday, The discussion was resumed by Judge the second ot next month, Murphy at the afternoon session and con- When the case was called on Judge tinued the remainder of the day. Wallace’s calendar yesterday Attorney | The prosecution cited & number of de- | Garret McEnerney filed the answer of the | TiSI08S to sustain their objection, and just defendants, &s was required by the Su- before the close of court Jud.e Campbell preme Court decision. He then requested reversed his decision given in the morn- that the matter be continued for several | 78 and ruled ihat the testimony would weeks in order that the accused men | not be comyetent. He stated that he had | might have an opportunity to prepare for | been rather doubtful as to the law on the trial. point, but from the authorities and cases The court denied this motion, remark- | e | B.C1USE THIS IS X SUMMARY ACTION Attorney Mc nerney Discusses the Plan of Campaign on Behalf of the Defendants, | The Board of Supervisors have met their quoted ne thought that evidence along this line was incompetent, and that as he had erred in his former decision, he had nec hesitation in reversing himself and ought to be disposed of at once. He | therefore set the trial down for the first | dav available on the calendar. | sustaining the objection of the defense, | Mr. McEnerney disclosed the method of | | his defense in the formal answer that he MASTER OF TWO SHIPS. filed in open court. The answer alleges | et tha]t'no Supery “iere ;Vothumlufilo;‘ Captain Fordyce Has the Honor of malfeasance in office, though they failed | S s il v to fix in February the water rates to be | '”"‘“"“‘“‘:"r‘fb"h‘“; ":‘“:“ FALGH or the Present. charged by the Sprinz Valley Water Com- | Captain Fordyce of the Britisb ship | pany. ltisfurtherset up that tke statute | dossmotreauline ‘Wh““fi compliance With | Falis of Halladale 1s in a peculiar position. | the direction to fix thorates In FOruary: | The Falls of Dee arrived ‘here from Hong- s . se of their daty in | kong July 15 last. A cable from the own- pervisors in the discharge of their duty in | g 3 cuch mannar that they may best serve | ersawaited Captain Lock, informing him ihe interest of the community; that if | that be was relieved or his command and the rates were not fixed in February it was | to turn the ship over to Captain Fordyce. because the Supervisors were making | The latter is therefore master of two ves- proper and necessary inquiriesin regard to | sels and will remain as such untila new the business under consideration. ard that | captain for the Falls of Dee can be sent in any event no one had been injnred, | out from London. Itisnoteiven to every since the rates have been fixed in a legal | master to command two of the finest ships nd legitimate manner, even though such | in_port at one and the same time. action” was not formally taken in the| Mrs. Eliza Thorold was licensed as a | month specified by the constitution and | pilot for the bay and tributaries of San statute. Francisco by the Inspectors of Hulls and | Attorneys Schell and Baggett, repre- Boilers yesterday. She will now take senting Mr. Fitch, contend that the stat- | command of her own tug, the Ethel and ute must be construed to mean just what | Marion. Mrs. Thorold’s picture and that it says, as it was enacted subsequent to | Of the tugappeared in THE CALL at the the adoption of the const:uition and in pur- | time she announced her intention of ap- | suance of provisions contained therein. | piving for a license. The trial next Thursiay promises to| Captain Frank Murphy of the pilot-boat prove a well-fought battle on both sides, | America came in from the outside station and already politicians and other citizens | yesterday and says tnhat tlere 2re shoals are asking who will probably be appointed | of salmon off Bolinas Bay. Fishermen in place of the present board if it be de- | wWere trolling for them and making big cided that the Mayor has the power to i catches. Captain Murphy was high hook with a forty-pounder that kept the crew name their successors, should they be \ ousted. supplied with fish for two days, Besides There s2ems to be a general opinion that | the salmon there were big shoalsof barra- | the Supervisors have a hard fight on their | couta, so there should be lots of sport in | hands and that the legal chances are | Bolinas Bay just now. | at a meeting to have atleast n front of where ted keptinsuch may have at to pass over while are peing put up. in of the Callfornia let een decided that the Na- which was to have met will convene in Chicago. rates west of Missouri 1s the excuse WILL WORSHIP N SWEDISE Scandinavian Baptists Are Building a Pretty Church. Will Probably Be Ready for Dedication About Christmas. First Church of Its Kind in the Oity—A COentral Loca- tion. The Swedish Bapiists of this City are building themselves a pretty church on Tenth street, near Folsom, and it isex- pected thal by S8eptember 7 the basement will be ready to hold service in. Thededi- cation of the entire church will not take place until Christmas. There is only this one congregation of Swedish Banptists in this City, and hitherto the services have taken place in a hall on Tenth street, between Mission and Mar- ket. The flock has grown considerably during the last two years, and abouta vear ago it was decided that the congrega- tion was of sufficient size to warrant the purchase of a lot, witha view to building. Early in the present year the site of ths church thatis now in the course of erec- tion was purchased, and in June the building was commenced. The new church is to be of wood, with a concrete foundation. and it will cover an area of fortv-four feet by seventy feet. The basement will contain one large room suitable for Sunday-school or soc'al pur- poses, as well as several small rooms, kitchens and a janitor’s room. The church prorer will have a seating capacity of 450. There will be a gallery over thie main entrance, as well as a small gallery behind the preacher’s platform for the choir. 1t is not yet quite decided whether the building will be fitted up with pews or with opera-chairs. The interior will be finished off with natural redwood, ana although plain it is expected that the general appearance will be very neat and pretty. Electr.c lighting will "be placed throughout the building. The exterior will be principally of wood, painted, but across the front will be a wide paneling of terra cotia in raised relief. The architect is W. O. Peterson, one of theactive church members. The average atteadance at the Swedish Baptist Chuich in its present quarters is about 100, but although not large the con- gregation is zealous, as the fact of its sub- scriptions testifies. The lot is entirely paid for, and the greater psrt of the money for the building is already sub- scribed. The cost of the church has not yet been exactly estimated, for some modifications and improvemenis will ly be made in carrying out the de- The congregation has been in existence about eight vears. Rev. Charles Palm, the present pastor, came here early in January from Evanston, Ill, where he had ministered to a Swedish Baptist flock for over seven years, and where he had been instrumental in building a church. He 1s a graduate of Morgan Park Sem- inary, Tilinois. No special services will take place when the congregation adjourns its services to the basement, early next month, but elatorate arrangements are already being planned for the dedication ceremonies at Christmas, Still Popular, The fog and cold weather are left en- tirely behind when one reaches the grounds at El Campo. The freedom from winds and fog has been a leading factor in establishing the popularity of the place, and the many attractions for the diversion and amusement of guests always insure a large gathering. To-morrow the usunal trips will be made from the Tiburon ferry. As the season draws toward its close the patronage appears to te on the increasa. e Wilson Acquitted. John Wilson, charged with assault with a deadly weapon on Oscar Meldrum, was yester- dav acquitted of the charge in Judge Duune’s court. | against them, the constitution and stat- | ute being both adverse to their conten- tion. There is a difference of opinion in regard to the appcinting power in case of a appear to think that the Mayor will ap- point the new board if the present board should be cast out, but there is a chance that a special election would be necessary | to fill the vacaney. The consolidation act says the Mayor shall vacancies, subject to confirmztion by the remaining mem- bers of the Board of Supervisors. If there be no remaining members, of course there could be no confirmation, and as they could not legally act before they were confirmed, the Mayor's power to appoint would seem to be a nuliity. A few hold that the Governor would be the potent | factor in the naming of the new members, =0 taken altogether there is adelicious un- certainty in the situation that is more in- teresting than pleasing to the politicians. | HAS CHANGED HANDS. Norman’s Cafe to Be Known as the Bald- win Grotto With W, Bogan as | Proprietor. The handsome Norman’s Cafe, under the { Baidwin Hotel, has changed hands and | hereafter will be known as the Baldwin | Grotto, under the management of W. | Bozan. The reputation of Mr. Bogan as a caterer is too well and favorably known to require { commendation. For many years he was the provrietor of the Odd Fellows Grotto and for the pastsix years has been the proprietor of the Lou vre, at the corner of Powell and Eddy streets. It is a pretty place, this Baldwin Grotto, | and something of a revelation in the con- venience of its appointments. There is a sweeping 2ouble stairway of white marble lead.ng down from the corner of Market | and Powell sireets to the main entrance, which is flanked by the fresh dark green of cnoice tropical foliage and small decor- tive palme, boldly set off by the panels of beautifully colored costly marbie behind them. | Then on Powell streer, immediately op- | pusite the Columbia Theaer, there is a smaller entrance for ladies, with a screened interior passage-way leading to the din- ing-rooni. | Mr. Bozan pronoses to make the cuisine and service of the new grotto the finest in the City. i e Wicker Dead. W. E. Wicker, contracting ngent for the Cii- cago, Milwaukee and St. Paul Railway snd one of the most popular railroad men in this City, died yesterday very suddenly at Reno, Nev., of apoplexy. The funeral will take place in this Cliy probably Sundayat 2 P. M. and will be_in charge ol the Nutlonai Union, of which deceased wns A member. He was in the empioy of the railrond compeny for nine years uad previous to that worked for a time for the Southern Pacific. He leaves no imme- diate relatives. Mr. Wicker was 44 years of age and born in Vermont. et THE CRBYSTAL SWIMMING BATHS Physicians recommend the Crystal warm sea water tubandswiaming batis, North Beach.” FRITZ SCHEEL, Who Expects is to give symphony concerts, and the fiel Hinrichs, who conducted the symphony orchestra cl splendid series of symphony concerts at East at the conclusion of the Tivoii grand opera at the National Conservatory. during the Midwinter Fair, where he conducted the Vienna Prater orchesirs and gave several concerts in conjunction with Sousa’s band. He afterward gave a to Return Here on September 7. Fritz Scheel, the well-known conductor, telegrapned vesterday to his mana- ger, Al Marks, that he would be in this City on Septemb-r7. His object in coming 1d will be pretty well hiis own, as Gustav concerts last winter, will leave for the ason lo take charge of the Fritz Scheel became very popular Metropolitan Temple, where the whole of Beethoven’snine symphonies were periormed. Later on the Auditorium on Eddy street was fitted up especially for Scheel’s orchestra, and the conductor gave 2 number of important works their first San Francisco performance there. coming visit will no doubt arouse considerable interest in musical circles here, It is expecied that be will bring several soloists. < His AILL SAVED FOR A TIME An Appeal Perfected to the United States Supreme Court. Judge De Haven Deniad the Ap- plication for Habeas Corpus. Opinion of the Attorney-General as to the Legal Procedure Adopted. Ben Hill, who shot his wife to death Zin Oakland, because she had taunted him with ber own shame and perfidy, was not hanged yesterday although the gallows and all its ghasily paraphernalia were ready. His lawyers, by adopting the procedure followed in the Durrant case, bave been able to stay the execution for some months at least by perfecting an appeal to the Supreme Court of the United States. On Thursday afternoon Eugene Deuprey, W. W. Foote and M. C. Chapman called upon United States Circuit Judge Morrow in his chambers after the adjournment of court and applied for a writ of habeas corpus. Judge Morrow replied that he would not grant the writ because the facts stated in the petition were not sufficient. Then the attorneysasked him to grant them an ap- peal to the Supreme Court of the United States. Judge Morrow informed the lawyers that an order of a Judge sitting in cham- bers could not be appealed from; that the order to be appealable must be made in open court. The attorneys asked that he open his court for the purpose of deny- ing the application for the writ. The Judege refused, because he huad already ad- journed his court for the day and he could not legally reopen it. Then the attorneys went to Judge de Haven and he denied the application for the writ, and in order to stay the execu- tion of Hill unul the necessary papers could be prepared he signed the necessary papers for "that purpose. These were se_n"led upon Warden Hale before mid- night. Yesterday morning Warden Hale came over to this City and called upon Attorney- General Fitzgerald. In the meantime, certain telegrams had passed. The foliowing ere copies of telegrams which passed between the persons named therein in reference to the matter: NTA CRUZ, CAL., Aug. 26. To Hon. W. F. Fitzgerald, Attorney-Gene:al, California Strect, San Francisco: Denied appiication to commute Hilt. Shoula new facts be submitted to justify further hearing, would legal complications result from re- prieve? Answer. WiLLIAM T, JETER. $AN FRANCISCO, Aug. 26. To Hon. W. T. Jeter, enant and Acting Goaernor of the State of California, S:nta Cruz, Cal.: 1know of no legal omplications that could arise from the reprieve ot Hill unless it be the opportunity which such action would furnish to further deiay the execution of his seutence beyond the duy to which he should be reprieved by resort to tne Federal courts. As these courts in San Fraucisco will not con- vene again until to-morrow at 11 o’clock his exccution can on'y be stayed by your action. W. F. FITZGERALD, Attorney-General. £AN FRANCISCO, Aug. 27, 1897. To W. E. Iale, Warden San Quentin Prison, San Quentin, Cat.: 1 am of the opinion thatthe appeal from the order of the United States District Judge made in chamber denying the application of Benjamin Hill for writ of habeus corpus does not stay the execution of the sentence of said Hill. you written opinions giving my reesons. The following is the opinion of the Attorney-General to Warden Hale: i W. E. Hale, Warden of San Quentin Pr . San Quentin, Cal.—DEAR SIk: 1 am in recelpl of your request for an opinion as to whetnier or not tie appeal in the matter of the application of Benjamin Hill for a writ of habeas corpus made to the Honorable J. J. de Haven, United States District Judge, at his chambers, which application was by him denied, and from the demal of which the attempted appeal in question is taken, oper- ates as a stay of exccution of the sentence of said Hill. 1 am of the opinion that the appeal from the order in question doesnot operate as a stay of execution. The appeal purports to be taken direct to the Supreme Court of the United States. Allappeals to that court from the inferior Federal iribunais are regulated sotely by section 5 of the act oi Congress ol March 3, 1891, establishing the United States Circult Court of Appeals (supplement io the Revised Statutes ol tne United States, Vol. 1, Second Edition, psge 903), which section pro- vides, among other things, “That appeals or writs of error may be taken from the District Courts, or from existing Circuit Courts, direct 10 the Supreme Court in the following cases.” Among those enumerated, the ones that are or may be applicable to this case are as follows: “In the cases of conviction of a capital crime.” “In any case that involves the construction or app.ication of the constitution of the Uniteu Siates.”” “In any case in which the constitution or 1#w of a State isclaimel to be in contraven- tion of the constitution of the United States.” It will thus be seen that no appellate juris- diction wbatever is conferred upon the Su- preme Court of the United Stales from an_or- der made by & Juage of the United States Dis- triet Court in chambers. The appeal lies only from an order of the court itseif, and not from an order of the Judge. Had an order denying the application been made by either the United Siates District or C.reuit Courts, as was done in the Durrant and Worden ses, and not by the District Judge in his chambers, as was done iu this casc, then an appeal from such order would have operated as a stay of execution under the provisions of section 766 of tne Revised Statutes of the United States. Respectfully, W. F, FITZGERALD, Attorney-General. Yesterday morning Attorneys Chapman and Deuprey appeared in Judge de Haven’s court and made the application all over again in open court, in order to avoid any question as to the legality of the proceeding. The application was denied, leave to appeal was granted and Warden Hale was at once served with the necessary papers staying the execution. WANT OPEN STREETS, Precita Valley S:ill in Search of a Gen- eral Line of Improvements. The improvement club wiich looks after the interesis of the Precita Valiey District is determined to have that por- tion of the City improved if it can. This club has petitioned the Supervisors for a sidewalk on the east side of Precita avenue, from Alabama to Folsom street. It also requests the Street SBuperintendent to force the grading on Harrison street, between Twenty-sixth and Precita avenue, which has been let to Buckman Bros. for some time, but which has not been ad- vanced as it should to meet the wishes of 1he property-owners. Another demand is b2ing made for the opening of Franconia (formerly Figaro) street. This would bea continuation of Bryant street 1f opened, and woula give to the people on the eastern side of the | hill an outlet to the main thoroughfare leading into the business portion of the City. Aypetllion strongly worded has been for- warded to the Supervisors requesting that bodv to either tiil in Bernal Park or turn it over to the Fish Commissioners before the winter rains set in, as1it will then be in fine condition to be used as a fish hatchery. g e EJECT the “Solid Eight.” Read to-day’s Sta: which will tell you all you ought to kuow, T have mailed to'] BRODERICK IS TERY CAUST Mayor Phelan Pointedly In- vited to Mind RHis Own Business. The Controversy Over the Sign- ing of Stationery Warrants Grows Warmer, The Chief Fxecutive Accused of Im- pugning the Motives of Another Officer of the City. The controversy between Auditor Brod- erick and Mayor Phelan over the payment of the bills for City printing grows warmer day by day, and the chances are that the matter will be settled by th» courts before either is satisfied. Mayor Phelan’s criticism on the Audi- tor's action in signing a batch of bills has aroused Mr. Broderick to defend his posi- tion and to tell the chief executive of the City, almost in so many words, to stay within the confines of his own duty and not interfers where hisofficial power gives hum no right. He addressed tne following letter to the Mayor yesterday: AUDITOR'S OFFICE, CITY HALL. Hon, James D. FPhelan, Mayor of Nan Francisco—DEAR SIR: 1 inclose you a clip- plug trom a morning paper, which seems, irom the quotation marks, 1o be printed from slatements made by you deliberately, and thercfore such as you are ready 1o assuine the responsibility of. Iu regard to the same I beg leave to say: In your general argument as to what is con- templated by law in ihe matter ot printing and stationery and how the same should be contracted for, I have no disposition to pre- vent you from pubhshing your views, if you find any pleasure tneroirom. For your published views end intentions you will be responsiole 1o the public. If your views are erroneous and you fail to keep your promises, no doubt you will be able to give the pub.ic your reasons for both. To my mind yoyr argument and reasons given for your viewson warrants that I have audited, and which you refer to in your letter to the Treasurer, smscks of a determination to have your own way, right or wrong. e ar- gument may be good enough if you refuse to favor something that might be, but of no value as to the meaning of the law asitis. In the letter written by your clerk, Mr. Sullivan, you are credited with saying certain things which in effect imply that the Auditor of San Fran- cisco (an office that I have the honor to hold by the grace of the peopie) is engaged in issu- ing illegal and invalid warrants upon the treasury, and that you wish tne treasury pro- tected against such irregularities. 1t will not do for you to say, as you are cred- ited under quotation marks, ~Of course this isonly the Auditor’s interprétation.” It you will give some attention to the consolidation act vou will find that the Auditor's opinion as 10 the legality or velidity cf a claimn against the treasury is paramouni. i It is bis sworn duty to determine the matter and your conduct Is indicative of a desire to attack my integrily as an officer. You have heretotore, indirectly and without just reason, done the same thing, bul not quite so fla- grantly. 1 feel it my duty to inform you in this case that you have no license lo assume the functions of an office to which you were not elected and to presume to publish sucn matter as is contained in the papers this moruing. To hold back demands and refuse to issue warrants upon ths treasury in favor of sta- tioners and others furnishing suppiies to San Franclsco, which in my judgment as Auditor of San Francisco are stricily legal and valid, because, forsootn, the Mayor may have a con- trary opinion, without any of the ob.gations and responsibilities that atiach to the office of Auditor, I respectfully suggest would cail for a change of my nature and practices, 1i I es- teem a demand legal and vaud I will 1ssue a warrant on the treasury. If I esteem it other- wise I will refuse, and no influence outside the properly authorized ones or the proof of my error will change that decision, The oath of office of Auditor and the bonds for faithful performance of duty are mine, not yours. WILLIAM BRODERICK, Auditor. SANBORN, VAIL & Co have a complete de- partment for the sale of fine perfumery, combs, brushes, manicure sets, mirrors, soap, sponges, knives, scissors, etc. The best goods atpopular price - e e The regulation step of the British army i8 120 to the minute. NEW TO-DAY. I CURE HITS When IsayI cure I do not mean merely to stop them for a time and then have them re- turn again. 1 mean aradical cure. I have made the disease of FITS, EPILEPSY or FALLING SICKNESS a life-long study. I warrant my remedy to cure the worst cases. Because others have failed is no reason for not now veceiving a cure. Send at once for a treatise and a Free Bottle of my infallible remedy. Give Express and Post Office address. Prof. W. H. PEEKE, F.D., 4 Cedar St., New York. HEALTH, STRENGTH —AND— GOOD CHEER el Enterprise Beer. IN QUALITY IT LEADS THE MARKET RUPTURE POSITIVELY CURED. A scientific treatment for ali forms of Rupture. No knife, n0 danger. no interierence with busi- ness. Cures effecced speedily Terms reasonable and within the reach of any Names sufferer. Hundreds of patients cured. given you on applicat.on. CONSULTATION FREE, MARION RUPTURE CURE CO. Rooms 37 and 38 Columbian Bldg., £l MARKET STREET. Correspondenca sol cited. Hours 10 4 M.to 8 P a. Sundays 10 to 12, COFFEE TO LARGE CONSUMERS At Wholesale Ratss. ALPINE ROAST ... ... 1Gc per 1b. HOTEL XX GROU . 21p¢ perlb, EUR:KA COFFEE AND SPICE MILAS, 11% Commercial Street, bet. Davis und Lrumm. ANY MAN HO SUFFERS OR JUST BEGINS TO SUF- for from lost vigor. nerve-waste, wesk back or any other weakness due to youthful errors. etc., can be entirely cur d by DR. COUK’S Restorative. Call or write for FREE trisi botcle. Address DR. H. COOK, Specialist for Men, 865 Market Street, San Francisco. NEW TO-DAY—-AMUSEMENTS. g, UEOLANPS.GOTTLOD & G- 113923 AD MATAGLRS ——THIS AFTERNOON TO-NIGHT AND SUNDAY NIGHT Will te Your Las: Cppor.unities to See the Fun- niest Piay ot the Season, THE GREAT UNKNOWN ——NEXT MONDAY— The Frawley Company In the Great Military Play, “HELD BY THE ENEMY," A7 S ats Now on Sale. BALDWIN THEATER. AL HAYMAN & Co. (Incorporated)..... Proprie MATINEE TO-DAY! Extra Matinee Next Wednesday —TO-NIGHT AND ALL NEXT WEEK— DAVIDEBELASCOS Great Success, THE HEART OF MARYLAND. Presented by MRS. LESLIE CARTER and a Superb Company Seats for Next Week Now Selling. TIVOLIOPERA-HOUSE MRS, ERNESTIN Proprietor & Manager ——THE GRA Under the direction 0of M TO-NIGHT AT 3—LAST TIME Bizev's Romantic Grand Opera, ‘CARMENY TO-MORROW EVENING, LAST TIME, “IL TROVATORE!” Verd's Work, Popular Prices——25c¢ and 50c. MOROSCO'S GRAND OPERA-HOUSE. WALTER MOROSCO. .Sole Lessee and Manager A REALISTIC COMEDY-DRAMA OF THE DAY! [Eiaborate Production of J. A. Fraser Jr.’s Success, “THE TRAIN-WRECKERN!” Startling Sitnati ns and Effocts! Comedy and Pathos! Dances! Great Railroad St Jail Break! Evening Prices—-iu. Matinees Narurd: o sxplosion of Bridge! 25c and 50a3. And Sundnr. MATINEE TO-DAY (SATURDAY) Parquet. any seat, 26c: Balcony, any sea. «)x Chuldren. Jic, any par: of the house. KNABEN-KAPELLE ! 40—NATUKAL-BOKN MUSICIAN SMITH & CAMPBELL, 1‘::[».:!7!:: Lomedian FOX & ALLF Next Door” : ZUS & MAZETT. “The Tramp snd the B man”; PROF. Lr ONID\S und bis Cats and Dogs. Concerts by the Venetian Ladles Urchestra every evening in the Orpheum annex. ALCAZAR "2 ATINEE TO-DAY AT 2: ‘Then To-Night_and To-Mor.ow (Sun tay) Nights, }ositively Your Last Opportuni ies to ~ee Thut Sparkiing, Mirth-Provoking Faice, FRED BELAscO...Manager ’Phone Black, 1108. XNo advance in prices—50 for the Matinee 35¢, 25¢ or 10 a Reserved Seat. Next week “The Sportsman,” b; the sane author MECHANICS’® FAIR. ROGERS AND HIS GRASD BAND! MAGNIFICENT ATTRACTIONS ! HANUSOME EXHIBITS! Saturday Afternoon—BABY DAY! Monday Evening—V. !I (. A, Night. INGLESIDE COURSING PARK ---PUPPIES SAPLING--- TO-MORROW - - - - SUNDAY SUTRO_ BATHS. OPEN NIGIETS. Open {aly from 7 A. 3. unill 11 p. 3 ADMISSION, I0e. - - . Children, 5e. Bathing, with admisslon, 25c; children, 20c. THE CHUTES #r&fee° - A Theater. —ZEvery Aftornoon and Evenin SCENES ON THE KLONDIK AND A GREAT VAUDEVILLE BILL! 10c Including Performance. Children 5o OBERON. GRAND CONCERT EVERY EVENING by THE INTERNATIONAL LADIES' ORCHESTRA. mflciricy t\]fral,&( Mechanical ary Industrial Products 12°DAYS RACING GRAND MUsICAL ~ CONCERTS EXCVRS1ON RATES ON "ALL RAIL ROADS. ©0-0-0-0-0-0-0-C-0-00-00 MEAL Properly prepared and promptly served, can THE GRILL ROOM OF THE Most Popular Dining Apart- 0-0-00-0-0 0000000 NOTARY PUBLIC. 638 REAEST [ QLEIAAGE Yo AN EXCELLENT always boe obtained in Decidedly the P a L a CE ment in town. A. J. HENRY, NOTARY PUBLIC, sireon Telephons “Church” 15,