The San Francisco Call. Newspaper, January 20, 1898, Page 9

THE SA AFTER THE PLUMS OF THE ARMY Officers Who Would Like to Be Quarter- master-General. Colenels Ludington, Lee, Moore and Atwood Have Big Influence. Commissary-General of Sub- sistence Is Another Fine Bil- let at Washington. CUSHING AND EAGAN TRY. U. S. Soldiers Want Space on the Streets Next Monday for a Fres Swing of the Column. Planting of new batteries on the heights commanding the harbor, daily drill at the guns already in position and a little jaunting about in render- ing honors to a visiting sovereign, may “m to engage all the attention of y officers stationed in and about Francisco, but there is some- hing discussed quietly, but not pub- licly, which is of vastly more personal interest to the officers than is all the outward display. Appointments to succeed the present quartermaster and commissary generals of the army con- stitute the engrossing themes of con- ation in army circles. Quarter- :aster-General Week: retires this ral aspirants for pro- n are actively rallying all the cal influence available to bear on ks’ successor. Washington and rn military publi- t that Colonel Ludington > chief place in the depart- seem arm s election of Wee grams lepot quartermaster in thi hington making an act plac Colonel Moore, city, is in e fight for now serv- has many friends who ighted to hear of his pro- the first place in the corps. say that Colonel may vet be turned down. ce be appointed, Moore and uld come in later and hold after his retirement, but if m should win Moore and Lee Should Ludir would be;shut out, as they would reach the age of reti ent before Luding- ton attained th ge. back in the xties,” Luding- rough the influence of Secretary was jumped over the heads ular officers and appointed having held the rank and so he happens now to cer. rs yester- sted man saic Big in- at work in these appoint- 2lville Stone, the general ociated Pre: is all the wires he can control in the inter of one candidate, on what is tele- from the East. s candidate in the field dom mentioned i= the dis- I refer to Lieutenant-Colonel d, deputy quartermaster- ment. He was ser- when McKinley was com- T nt. They were promoted de of lieutenant at the same “No, the recommendation of General Miles will not cut any figure in this case. eense to interfere. He wants to be ad- vanced to the grade of lieutenant-gen- eral and the Secretary of War has re- commended that the grade be estab- lished. Miles will be careful about gtepping on the toes of Senators who may have a preference in the selection of quartermaster-general. ‘The President will make this ap- pointment to suit himself and it would not be surprising to me if Colonel At- wood got the place. He is an old com- rade and chum of the President and is from Ohio.” This month the President will have the pleasure of nominating an officer to fill the place of commissary-general of subsistence. The leading aspirants for the place are Colonel S. T. Cushing and Lieutenant-Colonel Charles P. Ea- gan. A great deal of influence has been brought to bear in favor of each candi- date. Colonel Eagan Is the chief com- missary officer of this department. 1t is a fact now well recognized in the ermy that promotion is not based wholly on merit. The strongest pull frequently lands the prize. If the rule should now be established that senicr- ity of rank should be alone recognized much injustice would result, as many Ficers holding high rank to-day were unjustly jumped over the heads of de- serving men many years ago. he plan for lighting the Presidio res- ervation and the barracks of enlisted men, as well as the quarters of offi- cers, with electricity has been aban- | doned or at least shelved for the pres- ent. The figures which the Edison Light and Power Company gave were too high for the consideration of the army authoritiess The fact is dis- closed that the plans for the recently construeted double brick barracks, al- though supposed to be modern in many respects, made no provision whatever for wiring the barracks. The authori- ties in Washington, perhaps, fancied that eclectric lights were unknown to San Francisco. The proposed parade next Monday in honor of the opening.of the Golden Ju- bilee is engaging the attention of every one at the Presidio garrison. The col- umn will embrace the largest number of United States troops ever paraded at one time in San Francisco. There will be In line eight companies of the First TUnited States Infantry, Colonel Evan Miles commanding. Eight batteries of the Third Artillery, Colonel M. P. Mil- ler, will probably parade. A squadron of four troops of the Fourth Cavalry will join the column. Officers and enlisted men of the regu- lar army are confident of their ability to make a display highly creditable to the service, but they fear that the clvic arrangements will be inadeqnate and imperfect as nsual, and that the troops will be crowded out of line to make room on the streets for spectators. Colonel Miles said vesterday: ““The First United States Infantry will make a fine display if we can get room to pa- rade company front on Market street, t T am afrald we will be crowded oit of alignment by the spectators if we attempt to march in that order. If some regnlations could be adopted to give us the entire svidth of the street between sidewalks the regiment would make a supnerb showing.” Enlisted men as well as commissioned. Colonel Lee, who was formerly | the chief quartermaster in this| 80 you | Again Miles has too much good | 000000000000000000000000000OOOOOO00000GO0OQOO000000000000000000000000000000000600000000OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO He is from Ohio and served | | | | | | | | 0000000000000 0000000000000D0000000CO000000000000000 - THE PENALTY OF GREATNESS. The Sad Fate of Dr. Schenk of Vienna, Who Discovered the Secret of Sex. Time, midnight. Place, Dr. Schenk’s bedroom. Dramatis personae, Dr. Schenk and three spirits of those who might have been girls. Spirit of the Brunette—Wh promising in its d where would vou have been? ates a supply. somebody else would. Dr. S. sisters will avenge our wrongs. placed in her hands! their girl bablies. The Doctor (hopefull It may be that you've caus The three, together—O. indeed! too. Call during the day. My spectable spirits. Spirit of the Red-ha e Doctor (earnestly)—I assur madam if you're to be an earth fore? What can I do now? The Three—What? Wh say that it's all a joke. Say that you've made a mistake. Say that you've lost the formula The Doctor (firmly)—Never! compared to you; he, at least, per mitted people to be born. You de prive us of life before we what life is. Woe, woe, woe to you, O Dr. Schenk. be the death of you. we and you will kno upon hi sing an etherealized versio it Won't Go Home Till Morning.‘ 3 MIRIAM MICHELSON. ed Girl—Science is stupld and meddlesome. made for old dried up, thick-headed Germans like you; not for girls like we—m I might have been the greatest soprano the world has ever known! Spirit of the Red-haired Girl—And I might have been a second George Spirit of the Blonde—And I might have been beautiful—lovely as Eve, as Helen, who knows; who can tell? The Doctor (softened)—It is a pity, my dear. sregard for the individual. Spirit of the Brunette—We've as much right to be born as you have. Spirit of the Red-haired Girl—Yes. How would you have liked it if some had made this discovery of yours before your time? If your mother had been cheated out of her birthright, The Doctor gazes thoughtfully into space. Spirit of the Red-haired Girl—The thing that rankles is the insult of it all. To be told that you're persona non grata before you've so much as asked for admittance. Spirit of the Brunette—O, the old world is getting-too exclusive for anything! Spirit of the Blonde (wistfully)—How could you have been so cruel? The Doctor (uncomfortably)—Now, don’t. boy babies are, and you’ll admit that one of the first principles of busine - 1t you'll only be good enough to consider me as merely an ins The Doctor (yawning disgustedly)—Well, anyw; office hours are from 2 to 4 in the afternoon. ired Girl (sarcastically)—O, of course you'll at Spirit of the Red-haired Girl (furiousl The Doctor (groaning)—O, do go away! Spirit of the Brunette—Well, that's our answer to you, too. We'll haun you. We'll make your life miser- able. You shall not sleep. You shall not rest. You've murdered myriads of innocent souls. You're the blackest villain that ever preathed. Macbeth was a saint know Unborn woman shall The doctors will call it nervous prostration, but what really caused it. Beware! Beware! Be- ware! The clock strikes one. The great German scientist tosses restlessly s bed, while the three spirits n of “We Dr. S. (stifly)—Science is not cruel; science is merely truthful. It h I confes I never though He does not answer. Please don't. I appeal t Spirit of the Brunette—It's a coward's argument. . Spirit of the Red-haired Girl (threateningly)—The time will come, sir, when you'll regret it. That's all. (coldly)—T fail to see how that can be. Spirit of the Red-haired Girl—O, you do! born girl at that, can teach you som Trust to them! the fewer women will there be on earth. Well, let me tell you, learne You evidently don’t know m The greater the success th =thing. ‘Woe, woe unto the worl: The Doctor (pettishly)—I wish you'd go away and let me sleep. The Spirit of the Brunette—Never. Spirit of the Blonde (sobbing)—I h-hope s-something Il h-happen to the women left on earth, and you s-stingy, mean old men ’ll have thé whole p-place to yourselves. Spirit of the Brunette (indignantly) dearie, it’s only what we women ought to have e at their hands since Adam first lied about E: a world. And really it may be an act of far-sighted mercy on the part of the Chine Who weculdn't prefer being strangled to enduring the lot of a ( *)—Now, that’s real philosophy. to be grateful to me for sparing you much suffering. There! 1 suppose you're satisfied now. xpected from such brutes. Perhaps, after all, it's a So kind of you what’s the use of @ re you, madam—— )—Madam, indeed! int Pete How can the thing be helpe It works only for the betterment of the race. you. And, as a natural consequence—I don't know anything about busi- ness economy, but L know women pretty well—they’ll make you men suffer. If woman hitherto has been called capricious, fickle, unreasonable, tyrannical, what adjectives will you need to describe her in the time to come? You are building up a feminine monopoly. scarcer, and therefore more precious, realizes the full extent of the power which you, Doctor Schenk, have £ ¢ Why don’t you appiy the same re ck our ch: [ XX} R. S. (sitting up in bed, the clothes tightly drawn about him)—I must say, young ladles, that this is most inconsiderate of you. What do you mean by disturbing a man so sorely in need of sleep as I am? Spirit of a Brunette—And what do you mean by boycotting—I should say girlcotting—us? Dr. S.—My dear young woman— Spirit of a Brunette—I'm not your dear young woman, nor likely to be anybod dear young woman, thanks to meddlesome you! Why couldn’t you mind your own affairs? I'm sure no one wanted to be your daughter— Spirits of a Blonde and Red-haired Girl together—Indeed mnot! Spirit of the Brunette—Then why couldn’t you let other people alone? Dr. S. (pettishly)—You're as un- reasonable as you'd be if you had bodies and were women! Spirit of the Red-haired Girl—And su're as cruel as you'd be if you had no soul and were a demon! as no poetry; no romance. ht have been. It was Sliot. t of you. And yet, Science is uncom- cold-blooded German professor You know how much in demand my is that the demand cre- If I hadn’t done this d profe ¥ r, that a girl, and an un- x as well as I do. Our earthly barbarous discovery of yours has, d of man when woman, becoming ou've made her cry. Never mind,e It's the climax to all we've suffered s well that we shouldn’t enter such e to strangle and drown se woman ming to me? iscussing it? At this time of night, Come thén, do, like good, re- acter. It's only what we d I, how can I ever become s face? d now? Why didn’t you protest be- 0000000000200 0000000000 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000OOOOOOO o OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOODO00000000000008 officers of the Third Artillery and First ntry take a great deal of pride in {:gl’r reyspecflve rfegl‘l‘nge;;s‘. trfit‘r;;ee&‘e’ g rrison o e 2 Lo ied in Californta will parade tne soldiers are anxious that space Sh((;\l‘ be given here, as in New York ax; th: Washington, for a free swing O 22 column. If spectators along the route of the procession are allowed to fill up the street as soon as the head of the | column passes the effect of the military | display will be lost. WANTS HER DIAMONDS. L. A. Giacobbi, a Kearny-Street Jeweler, Arrested for Receiv- ing Stolen Property. L. A. Giacobbf, a jeweler at 330 Kearny street, was arrested yesterday afternoon | by Detectives Harry Reynolds and Dinan | on a warant charging him with recelving | stolen goods. | The fashionable boarding-house of Mrs. G. H. Coy, 439 Geary street, was entered | by a burglar on September i last and | eight diamonds were stolen. There was considerzble mystery about the burglary at the time, as no one was seen to enter | or leaye the place, the diamonds having | been stolen during the afternoon. | Reynolds and Dinan ascertained from John Cullum, wuo is serving a term for grand larceny, that e stole the diamonds | and sold them to Glacobbi for $60 on Sep- | tember 20. The aiamonds were worth $250, acording to the estimate put upon | them by Mrs. Coy. | ‘An_application was made to Giacobbi for the diamonds, and the detectives say that he promised to return them after the holidays, as he had sold the two largest and would require time to get them. He has not yet delivered them, and yesterday | it was determined to arrest him for re-| ceiving stolen goods. i ————————— Went Into Hysterics. There was an exciting scene in Judge | Low’'s court yesterday afternoon for a | few minutes. Mrs. Croner was under cross-examination by ex-Judge Murphy in the case of Mrs. Louise Kersten, with | ‘whom Mrs. Croner’s husband eloped from Germany, and was being asked how | many children she had, when she gave a loud scream and went into a violent attack of hysterics. It lasted for a few | minutes, but she gradually became calm- er and her cross-examination was- re- sumed. —_———————— Advances made on furniture and planos, with or without removal. J.Noonan,1017- WILL APPEAL 10 THE COURTS Merchants in Open Re- volt Against Further Taxation. Determined to Fight the Pro- posed Licensing of Ex- cavations. They Declare Itto Be Illegal, Inasmuch as Sidewalks Are a Part of the Premises. Probably the Board of Supervisors never conjured up a more unpopular measure than the proposed ordinance to tax business men for the use of space underneath the sidewalks. With- out a single exception the merchants have lifted their voices in protest against the measure and declare it an outrage they will not submit to. They bring many arguments to show why this tax should not be imposed upon them, not the least of their contentions | being that they now have to pay a tax on their goods and a license to do busi- ness, in addition to their rent, and any further burden would be rank injus- tice. It is argued that the space under- neath the sidewalks is of no use what- ever to the city, while its utilization by the business men tends to keep the sidewalks clear of goods. Moreover, it is asserted that the courts have decided that the sidewalks | tax, or license, would be fllegal. It is i certain that the city does not construct | or repair sidewalks, that expense fall- | ing upen the property-owners, so why, say the people most interested, should the municipality set up a claim to ju- risdiction in the matter of taxing the space underneath the walks. | The point is made that the property- owner pays the cost of excavating the pace referred to and walls it up and covers it over in such a manner that it | is an actual benefit to the city, for :when the sidewalk is laid it rests on | | a solid foundation, whereas if it were put down on the sand it would soon | settle in places, causing numerous | breaks and a rough and uneven sur- | face. It is much more expensive, say the property-owners, to put down a sidewalk over an excavation than it would be on the ground, to say nothing of the cost of excavation and waliing up of the outer side, and the rent derived from this extra space barely pays in- terest on the extra cost. Some of the merchants say the ordi- nance borders on the ridiculous and | that the Supervisors will not attempt to | pass it, while one and all declare they will fight it to the bitter end if the at- | tempt is made to enact it into a mu- | nicipal law. If it is paseed, they de- clare they will attack its constitution. | ality in the courts, but they consider it a hardship to be compelled to seek re- dress from what they term so oppres- sive a measure in the courts |LADIES’ JEWISH COUNCIL. Meeting of a Charitable Society Connected With the Bush- Street Temple. The Ladies' Jewish Council, an organ- ization engaged in charitable work and connected with Rabbi Myer's Bush-Street Temple, held a meeting Tuesday after- noon in their hall in the church building, and In addition to transacting business calculated to extend the scope of their good work they also elected officers to serve for the ensuing term, as follows: President, Mrs. 1. Reiss; vice-president, | Mrs. D. 8. Davis; secretary, Mrs. I. Froh- | man; treasurer, Mrs. M. Getz; financial | secretary, Miss Celia Stern. This soclety istributed 500 garments to deserving peo- ple last year and a special fund was cre- ated at the m““s‘g whereby it is intend- to give away pairs of shoes to the needy ones this year and the same num- 1023 Mission. | @re @ part of the premises and such a | ber of garments as last. | | | FRANCISCO CALL, THURSDAY, JANUARY 20, 1898. SUPERVISOR CLINTON.TO Public Meetings Will Be Called to Up- hold Him. Mission Property-Holders Fighting the “Monkey Park Job.” Moverment Organizing to Un- mask the Plot to Rob the City. OPINION TO BE AROUSED. An Influential Committee Will Point Out the Path of Duty to the Supervisors. The better class of citizens in the Mission district is thoroughly aroused to a realization of the kind of colored biped that lurks in the woodpile of the zoological experts and enthuslasts on the Board of Supervisors, and purpose making a public exhibition of the freak. At an important meeting held by lead- ing property-owners and influential residents of the Mission yesterday | afternoon it was decided to provide for | the public ratification, at an early day, 1 | of the position Supervisor Clinton has taken against the conspiracy to dump on the already overburdened taxpay- ers of San Francisco what has come to be described as ‘“‘the monkey-park job.” Under cover of the resolutions to be presented an exposure is to be made of the plot to rob the city in the inter- est of a clique. Besides, the subject of improvements actually needed in the district will come up for thorough dis- cusston and review. Primarily it was the intention to hold | this mass-meeting Saturday night, but the organization committee was unable to procure a suitable hall. Monday | and Tuesday nights were objected to on | 1t 1s on that day the mining exhibition the ground that public interest and excitement would be centered in the di- versions of the Jubilee week, while a similar objection obtained against nam- ing the following Saturday evening, as opens. All things considered, it was deemed wisest to name some early day in the succeeding week for the first de- monstration and to follow this meet- ing promptly with a second and third, in widely separate sections of the dis- | drict, so that knowledge of the pro- posed fraud may be brought to the at- tention of all classes. The gentlemen having the matter in hand are acting in perfect accord, and | effirm they will fight the manipulators of the deal to a finish. “When this proposition for a Mis- slon park and zoo was originally can- vassed,” said one of the committee yes- terday, “many of us favored it, and a large number of good citizens sigrid the petition, without having given the subject proper inquiry. As to the real motive at the bottom of the scheme —the design to rob the city out of many thousands of dollars under the pretext of having the Supervisors un- dertake a public improvement—we were kept in the dark. In short; we were cunningly and plausibly decelved. The | moment we learned that the proposal I 1 | | | concealed a morstrous and daring plece of jobbery we opposed it. Dr. Clinton was deceived like the rest of us. He speaks our sentiments and has the courage to represent officially not only our disapproval of the hum- bug, but our determination to unmask it, even if we have to go into the courts. This we do not think will be necessary. ‘We know the Mission people will not indorse such a transparent steal, and we are certain the Supervisors will not dare to act in defiance of the public opinion certain to be expressed to them in no uncertain manner before we get through with showing up the jobbery.” It is a claim to be urged by the com- mittee that little more than half the amount of money proposed to be squandered on the purchase of the so- called “monkey-house tract” would be sufficient to equip the city with a first- class hospital and pesthouse, to take the place of the inhuman and disgrace- ful institutions at present described by those names. They insist that the system of dis- tributive confinement for criminals is especially pernicious, and that the worst and most expensive feature of it is what they sarcastically denominate | maintained for | the “health resort,” vagabonds and petty offenders in the House of Correction. They hold that this building, as well as the industrial home, should be vacated, and the in- mates transferred tc the City Prison. If the people desire an institute for the propagation of monkeys and parrots, the House of Correction building, at a comparatively trifling outlay, they maintain, could be utilized for such purpose, while at the same time econ- omy and greater efficiency of control would be assumed by the removal thence of a class of willful criminals who are at present pampered. The hundred-acre tract occupied by these structures and owned by the city is not more than a thousand yards dis- tant from the “Gum-tree Tract.” and is better adapted for a park. Moreover, it would cost no more than might be re- quired for improvements, while in the case of the Mission Park and Zoo scheme It is proposed to make the tax- payers disgorge the handsome sum of $387,000 for a plot of ground on which the appraisement is approximately $55,000. These subjects, as well as the necessi- ty of reconstructing the Mission schools and extending the street improvements, will be discussed thoroughly by prop- | erty-owners and citizens having the best interests of the Mission at heart, when the promised meetings are hels SUPERVISOR SMITH—I might as weli say it first as last: I am not in favor of “BEINDORSED 9 the proposition. As for the new City and County Hospital, its contemplated erec- tion is nothing new to my mind. A refer- ence to ihe resolutions on--flle in the clerk’s office of the Board of Supervisors will show that as early as last May I offered & resolution almost similar to the one offered by Dr. Rottanzi at the last meeting of the board. Hence there can be no doubt as to how I stand on that question. The present hospital should be urned down; it is a disgrace to the city and the people that live in the city. I am In favor of the erection of a first- class hospital on the Almshouse tract for two reasons. First, the elevated position would give drainage, fresh air and sunshine to the invalids, and second, ft would be within close proximity to the Affiliated Colleges, where it would be very valuable for clinical purposes. ‘When this hospital is built and a proper pesthouse erected, then if the taxpayers show me that they still need a monkey ranch, my word for it, I shall not offer any obstacles in their w: My reason for voting for the survey was because Dr. Clinton proclaimed there was a job in it. I wanted to see where the job was, otherwise I would have opposed making @ survey at this time. SUPERVISOR ROTTANZI—There is an absolute necessity for a new hospital. Public opinion shows this beyond any peradventure. The present buflding Wwhich is called a hospital is an_ever- lasting disgrace to the city, and until this building is removed—excuse me, I mean burned down—after we have buiit & new one, as I consider that is the only way to effectually destroy the germs of disease that are lodged in that dirty old wooden bullding—then, I say, we should turn these fifteen acres into a park for the Mission people, and if need be locate & 200 there on a small scale at first. Then if it should become popular to ha; a larger collection of wild animals, why We can easily have another in some other portion of the city. But the new hospital must come first, and we must have a hospital that will be buiit and conducted on the most mod- €rn principles known to science. I will watch the erection of that building as if it were my own private property and do everything that lies in my power to make it & credit to not only San Francisco, but the entire State. SUPERVISOR HASKINS—Give us a hospital and pesthouse first, then it will be time enough to talk about a park and the providing of a lot of animals to make up a zoological collection. The Super- visors are the representatives of the peo- ple, and it s no more than right and proper that when a petition is addressed to them as a body requesting something in their gift by virtue of their position that it should get a respectful hearing. I have my doubts whether the survey would have been ordered at the las meeting of the board had it not been for Dr. Clinton's attack on the job phase of it. Bear in mind that it was Dr. Clin- ton himself that introduced the original resolution for the purchase of the tract Once more I say hospital first, pesthous second, and thgn if the people want an additional tract of land for a park they gan have it, but it must be by a con emnation so_tha € - Rt Say oo o h t Dr. Clinton can SUPERVISOR "DODGE—I_ think that the number and character of the citizens who have for months interested them- selves in this movement entitles the pro- Ject to at least a respectful consideration by the representatives of the people. If the press reflects the opinions of the pub- lic or if its opinions are of any value in matters of public concern, we have an additional reason for at least a consider- ation of the project, as with one excep- tion I believe it is unanimous in its sup- port of the project. I do not believe there is any desire on the part of the Roard of Bupervisors to foist this property on the city, unless a majority of the citizens are in favor of its purchase. Now, I be- lieve that the project could not survive if any taint of a job should attach to it. Two reasons have been urged against it, one being that the owners of the property asked more than the land was worth, and that, therefore, it was a job and a steal. I believe it is recognized that there are such things as an asking price and a selling price, and these owners might have had some such knowledge. It hap- pens T, that those in favor of this purchase at once asked that the land, if purchased, be bought through condem- nation proceedings. This presumably would remove this objection. The second rea- son urged, that the city owns a tract adjoining, is offset by the fact that the property cannot be utilized for this pur- | pose of the city, and s, further, not a desirable tract for such an object. In a general way the acquisition of such a ct of land by the cit t a fair valua- n might be generally admitted to be able. It becomes a question, how- ever, as to whether the city can spare the money for its purchase at this time. There certainly are more pressing needs, such as a city and county hospital, better public _schools, ete. TUnless our citizens are willing to abandon our time-honored party pledge—the dollar imit—I fail to see how the realization of such projects can be accomplished at present. I am, how- ever, a hospital man right through and through, and nothing shall change me from the advocacy of the building of a first-class modern city and county hos- pital, with a pesthouse thrown in. These ;lwo buildings the people need and must ave. Supervisor Sheehan’s opinions on this subject have already appeared in the columns of The Call on a previous oc- casion. They were in harmony with the views of the Supervisors more re- cently given THE ACTI0 114D N0 MERIT H. W. Philbrook’s Case Roasted and Then Thrown Out of Court. No Proof of Conspiracy or That His Constitutional Rights Had Been Invaded. Horace W. Philbrook, attorney and counselor at law, lost half a million doi- lars yesterday. This statement is not sufficiently pre- cise standing alone. The fact is that his suit against the Justices of the Supreme Court and others for half a million dam- ages because they had disbarred him for contempt was dismissed by Judge Hiram Knowles of Montana, sitting in the place of United States Circuit Judge Morrow. Early in_the proceedings, after Mr. Philbrook had stated his case to the jury, a motion was made to dismiss the action so far as Attorney-General Fitz- gerald and Robert Y. Hayne were con- cerned. Mr. Philbrook made an_elabor- ate argument on the motion and Judge Carpenter replied. Yesterday afternoon Judge Knowles rendered an opinion granting the motion to dismiss as against the two defendants named. The opinion held that Philbrook had not proved his B.l!efation of conspir- acy: that he had been disbarred by prop- er process of law and for just cause; that the language complained of in the Phil- brook brief if presented to any court in the land.would be construed as insulting and derogatory to the dignity of the court; that the Justices of the Supreme Court could not be held liable in a clvil action for any acts done in their judicial capacity, even if they had expressed their authority; that no constitutional right of Philbrook had been violated, and that there was no evidence to prove any con- spiracy at all on the part of any of the defendants. Motions followed by the attorneys for the other defendants to dismiss as against them, and the motions were granted. Mr. Philbrook interposed an exception in each case. After the adjournment of court he an. nounced that he intended to take an ap. al to the Supreme Court of the United tates. NEW TO-DAY. e A A A P o 2 A A e e e A . nameline TheModern STOVE POLISH. Producesa JET BLACK enamel gloss. Dustless, Odorless, Labor Saving. 5 and 10 cent boxes. Try it on your Cycle Chain, - ¥y ks PRESCOTT & CO., NEW YORK. ARRESTED ON HER WEDDING EVE A Peculiar Story told by Delia Castelo in a Cell Last Night. Left Her Home and Her Brother Com= plained Which Led to Her imprisonment. Detectives Wren and Gibson arrested a girl last evening on Grant avenue who gave her name as Delia Castelo and said that she had formerly lived with her brother at 404 Union street, but troubla having arisen in the family she left last Friday and had not returned home since. Her brother, Jim Castelo, made a com- plaint and the detectives watched for Della. She was charged with vagrancy at the California-street station. She stated that e and her brother had quarreled over trifling matters, but that she had determined never to go home again as she was 27 years of age and capable of taking care of herself. She told of belng engaged to a young man by the name of Jim Hallahan, who resides at 19 Silver avenue, and said that they were to have been married to-day as Hallahan had dectared his intention of taking out a marriage license. The couple, according to her statement, were to have been miarried on the day before Christmas but something prevented. The officers are of the opinion that the girl is simple-minded, and she bears out the idea to a certain extent, as she says she has been under a doctor’s care for over a year and that the treatment given her had slightly affected her hearing and mind. She cried almost com the first few hours following her arrest, but was not willing that her brother should be notified of her condition. The story told by her is not given much credence by the police. —_—————————— To Stop Pool Selling. City and County Attorney Creswell submitted an opinion to the Board of Supervisors yvesterday on the anti-pool selling ordinance that was recently in- troduced to the board by Supervisor Rivers. The questions asked the attor- ney were if the order, if enacted, would prevent pool selling in any form what- ever in the city and county and if the order will prevent persons from receiv- ing money on commission to purchase or invest in pools in this city and county or elsewhere. To both of them the attorney replied that in his opinion it would. —_————— Granted a Divorce. Augusta Briggs was granted a divorce fromi her husband, Frank Briggs, by Judge Bahrs yesterday on the ground of failure to provide. wously during NEW TO-DAY. Annual Sales over 6,000,000 Boxes FOR BILIOUS AND NERVOUS DISORDERS such as Wind and Pain in the Stomach, Giddiness, Fulness after meals, Head- ache, Dizziness, Drowsiness, Flushings of Heat, Loss of Appetite. Costiveness. 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