The San Francisco Call. Newspaper, February 13, 1898, Page 15

TEXT OF A FAMOTS CASE Circuit Court of Appeals Decides the Richmond Telephone Suit. The Opinion Sets at Rest Sev- eral Points of the Highest Importance. Able Discussion of a Vexed Question Which Will Act Precedent. THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 13, 1898. Sald city be declared and defined: that the or- | finances of said city of the 14th of December, | Hpand of the 10th of September, 18%, so far | they undertake to prevent your orator from | maintaining and using its lines, poles and | Thires over and along the streets and alleys of | Tom repairing, renew- the city of Richmong, }nxa and extending its sald poles, wires, lines | b hidoutes as its business may require, may | be declared null and void. 5 THE DEMURRER. Upon the filing of the bill an interlocu- tory imjunction was granted. The bill was fi metr by demurrer. The demurrer set up these defenses: 1 As to the equity of the b 2. That the act Congress of 1566 applies only to telegraph companies and mot to com- panies like the complainant. . That the act of C 2DPlY to complainant, do ot glve it ahy right to erect its poles and wires along the reets of Richmond without the consent of the subject to reasonable regulations as to he routes, position and .number of the poles to pay for the use of the street. That {f this is the effect of the act of even 1f it does | Congress it is unconstitutional That the ordinance of 1554 constitutes a The late decision of the United States Circuit Court of Appeals in the Rich- mond telephone litigation has attract- so much attention that Ric mond Times on February 2. The Call presents it in full as published in the | The full text of the opinion is as fol- lows: , appeliee. District of Virginia, at Richmond rgued November 12, 1897. Decided Feb. iary 1, 1808. Before Simonton, Cireui udge, and Brawley and Purnell, Distric arles V. Meredith for appellant; Hil of Leake & Carter and A. L. Hol v of Stiles & Holladay for appellee. ronton, Circuit Judges. ity of Richmond, appellant vs. South- Bell Telephone and Telegraph Com- Appeal from the Circuit irt of the United States for the East- t t 1 This case comes up on appeal from the ecree of the Circuit Court of the United tes for the Eastern District of Vir a. The complainant is a corporation or- ganized under the laws of the State o New York as a telephone and telegraph company. It is engaged in the busines of a telephone company and of construct ing and operating telephone lines in through the States of Virginia, W t Virginia, North Carolina, South Carolin: f h s 1 Georgla, Alabama and Florida. It has naintained and operated for several years all the apparatus necessary for th nsmitting telephone messages of Richmond, Va. in and has erec streef eys of said city numerous pole ires for this purpose. The complainant company wa ted on the 1ith of December, 1§ 584 it applied to the city of Ri r au city and maintained along certain wires along the streets and alleys of city, and by an ordinance passec 21,1884, this permis was granted to such routes as may be specified agreed on by resolution or resolution the Committee.on Streets from time tc time, and on the cond ns and provi ns of the ordinance. Street h al raph, in 3 1 telephor = to the city at a special redu rear for each station. be disturbed, cut or permission of ‘the Cf consent of the TV: owner: o1 of the City Engineer. The ordinanc al to go into effect twelve r the passage of the repeal raph Com: Bell g pted withou the m ail of thé restrictions and ob. the act of Congress 1866, £ ;24 entitled “An act to tion of telegra e hority to erect its poles and run f d d o s s e 1 trees of 1366, it can be protected in front of which the All this work to be in every re- ct subject to the supervision and con- e time to repeal, such | They t ap- o h lines to the Government the use e for postal, military and other | binding contract between complainant and the | eity of Richmond, with a power of rescission by repeal in the City Councll; that t r | Was given by the statute of the State of Vir- ginia and was properly exercised The demurrer was overruled and the wer, answer which b | defendant filed The portions of th upon the conclusions ear cas poles | are these: A denial t and lines of the complair in and over the streets and alle d city con I service of the I that complainant and a denial that stitute a part of the po United States. A deni | is a telegraph compan: stal 1 {its acceptance of. the act of 1865, S0 far as the telephone exchange in Richmond is concerned, even en- rights and pow- A denial that of tha titled it to any of the ers authorized by the act the acceptance by the com: provisions of the act of 1866 has rendered | complainant ind ient of and superior to_the Council nf Richmond. hearing and The cause : je the following de- the Circuit Cc cree: The court on_the rights claimed by plainant company under the laws of Virginia, and the ordinances of the city of Riek on and doth ad- | judge, order e that the complainant ny with the terms e protection of the act of Congress of q States, approved paramount r to an nte law or city ordinance flict therewith), the = Jperate its s over and along alleys of the city of Richmond, Jul and € 24, 1866 (which ls oth those now the complainant company and occupied, and to put up, renew, replace and repair its lines, poles and wires over and along eaid streets and , as well as to maintain, construct and ¢ e and to connect its lines | with along sald streets and city of Richmond, its 11 others are enjoined and cutting, removing or in any said lines, poles and wires of the »m preventing or e aforesald n said company for exer- T OF ERROR. t obtained leave to appeal ecree and it comes up on the ments of error. These are eleven nber. The first three are general in thelr character, going to the preliminary injunction and to the demurrer to the bill. The fourth is to the effect that the or- linance of 1884, passed under the author- ity of the State of Virginia and under which the operations 6f the complainant company were begun and continued, cre- ated a ract which bound the com- plainant to cease its operations upon the streets and alleys of Richmond whenever the City Council exercised its right to re- peal said ordinance, a right reserved in the ordinance itself. The fifth and sixth deny that the com- on to the | plainant has any right to the privileges under the aet of Congress of 1866, which ion of | applies to telegraph companies, and not | No shade | to a telephone company, as complainant damaged is. The seventh, eighth and ninth deny that even if complainant comes within the act it is engaged in interstate commerce busi and only as to.such bu: and that it is protected in its local business. 5o deny that there is anything in the with the Western Union »h Company which puts com- in interstate commerce business, n the protection of section 8, ar- ., of the constitution of the United State: The tenth and eleventh assignments as- sign error as to the scope of the injunc- tion, as it enjoins the city from Interfer- ing with the infra State and local bu ness of the complainant, and a right to erect its poles and stretch its wires with- out atrol on the part of the city. An ry 18, 1889, the | At the bar the appellant declared that Postma 3 certined that this| the constitutionality of the act of Con- accepta on file in the Postoffice | gressof 1866 was recognized and admitted, Departme is act of Congress is in| That all streets which are letter carrier ¥ now organ- 1 w. THE ORDINANCE. On December 14, 1884, the City Counci of Richmond repealed the ordinance o to ‘the joint and of wires used connection in transmission of electricity. The first secti 1 £ %, 1334, granting these privileges to outhern Bell Telephone and Tele- ompany, to take effect twelve fter its ‘approval. And Septem- - City Council passe the | method of commu n of this ordinance pro- | vides that all poles now erected in the streets or alleys of the city of Rich. mond for electric wires, except such a support wires required by city ordina to be removed and run in conduits, shail \ereafter be allowed to remain only.-on rms and conditions thereinafter set The second section provides that no | pole now erected for the support of tale. wires shall remair, on any stre y after December the owner or user of such pole t have petitioned for and g poles for telephone purposes in ac fit to impose. ain such obt ning. Buff r of sections condition: within th Then follows a num piacing the whole control of the city and ving the right in the City Council at any time to put other restri ons and regulations as to the e d use of such po and from t removal of run in wires conduits. passed requiring ' the removal of poles and wires from overhead in certain streets and for the construction and us- ing conduits in certain streets. This or- dinance was enforceable under hea ‘Y the provision also that penal with any company getting the privilege « tting in these conduits, must mai: Them 30 per for their use, o that the city might run its wires free in such conduits and any other company may use them for agreed compensation, or one to be fixed by arbitrators. Threats having been made to carry ordinances into effect, the complainant filed its bill praying an injunction. It fests its right to use the streets and ar- 1 of the city of Richmond for the pur- poses of its business under article I, sec. n 8, of the constitution of the United tes and the act of Congress of 186y, 1 denies that in such case it can be prevented or controlled or be in Ay dependent upon an ordinance or srdinances of the City Council. _The prayer for an injunction is in these t said city and all others, its agents and yes, may be restrained and enjoined from ving or ‘interfering with its poles and es in said city, and from interfering with right of your orator to use sald poles and wires, and that ail proceedings by sald city r its agents and all others to prevent your rator repewing, repairing ing its lines, wires and poles in, and over the streets and alleys of the ity. and to inflict fines and penalties on ator for so doing, may be restrained Jined; that the righ: of your orator to poles and wires and to carry on fts vusiness along and over the streets of the ance with the conditions of this,or- ice and such others as Council may If such owner fail to privilege and fall or neg- t to remove the poles and restore the liable to a ‘fine not more’ than 3500 | not less than $100 for every pole so | Each day's fallure t0 be | Dany are one and the same, imposing most stringent matter its re privilege of erecting and maintain- | them and | On | mber 10, 1895, another ordinance was ent larger than js needed | He says: any | routes are post roads of the United State That under the act of 1866 a telegraph company can obtain a right of way for its poles and wires through a city and along its streets against the wish of the mu- nicipalit The dec case are: Joes the complainant come within the n and is it entitled to the privileges contained in the act of Congress of 18667 cond—If it comes within the provisions of act, how far has it limited and restricted Y accepting the provisions of the ordi- the city of Richmond? rd—To what extent does the protection of the act of 1886 go? Does it make the company accepting it free of the control of the munlci. pality In which its does business? act of Congress of 1 of telegraph companies include telephone companies? ive questions raised in this self nance c Th! The in terms, Do these words The telegraph and telephone both com- | municate messages by means of electricity over wires for longer or shorter distances. | The telegraph communicates these mes- sages by sound of instruments, the tele- phone by the human voice usually. Both depend upon electricity for their action. Each is but a form of use—the product and the result of the same principle. The names are only used to distinguish the inication. SOME CITATIONS. In England, in the case of Attorne: General vs. Edison Telephone Company 3 3. v fully prepared end elaborate’ discussion, ays: 1 do not think it necessary to press any oplnion on a controversy hich {s more scientific than legal, and perhaps more properly metaphysical or to the meaning of words than ic, as it seems to turn upon the identity in relation to sound. It is enough to say that, whatever be the merits of the controversy, it does not ap- | pear to us that the fact, if it is a fact, that sound itself is transmitted by the telephome, establishes any material dis- tinction between telephonic —and tele- graphic communication, as the transmis- sfon, if it takes place, is performed by a wire acted on by electricity.” In the Wisconsin Telephone Company vs. City of Oshkosh, 62 Wis., 32, this case was cited with full approval, and the doctrine asserted that, in contemplation of law, a telephone and tele%raph com- n the case of the Chesapeake and Potomac Tele- graph Company vs. B. and O. Telegraph Company, 66 Maryland, 410, the court of last resort of that State quotes with ap- proval the English case above quoted, and says further: “It is clear if we take the term telegraph to mean and include any apparatus or adjustment of instruments for transmitting messages or other com- munications by means of electric currents and signals, that term is comprehensive h to embrace the telephone.” The same doctrine is cleax;ly and, full expressed in Duke vs. Central N, J. Tei ephone Company, 58 N. J. Law Reports, 341. The court quotes the language of Bell in his application for a patent, set | out in the telephone cases, 126 U. 8., 1. “What I claim is the method or an apparatus for transmitting vocal or other sounds telegraphically as herein described, by caustig electrical undula- tions similar in form to the vibrations of air accompanying said vocal sounds.” And so, also, Brown, J., now Mr. Justice Brown, in Cumberland Telephone and Telegraph Company vs. United Electric | Railway Company, 42 Fed. Rep., 273, says: [ “We see no reason to doubt the posi- tion assumed by the complainant that a telephone company is a telegraph com- pany. The complainant, therefore, comes within ‘the protectior, and is entitled to the privileges, of the act of 1866, 2. The next question 1s, if the complain- ant is within the protection and enjoys the privileges of the act of Congress of 1566, how far has it limited and restricted itseif by accepting the provisions of the ordinance of the city of Richmondy In June, 1884, the ordinance was passed granting the right of way throughout the city of Richmond to this complaingnt. At that time it had not accepted the provisions. of the act of 1866, and in no other way coulé it get the right to enter the city but by permission of the City I Council. = The fiermlssion was given sub- ject to the right of the City Council to revoke it at any time after twelve months, and on December 14, 1894, it was and also | dings to inflict and enforce | 244, Stephens, J., in a care- | revoked. In the meantime, 1889, the complainant, recognizing the uncertainty of its tenure, concluded to put the en- yment of its rights on hxgser grounds and under paramount authority. Can it now be said that the complainant can- not avail itself of the privileges of the act of 1866, and must look for them to the City Council, because formerly the s granted privileges which it has re- voked? Can a contract, revocable and revoked by one party, still bind the other party after its revocation? The complainant is not now using the post roads of the eity of Richmond undér | any grant from the City Council. The Council themselves, by their own act, |'have put an end to any such contraet with the complainant. But for the act | of Congress, it would be a trespasser on thy L roads. Under the aet of ‘ongress, it has the right to construct, | maintain and operate lines of telegraph | over and along any of the post roads of | the United States, and when an effort | is made, or threatened, to deal with it | as a_trespasser, it can refer to that act. 3. The next question is: To what ex- | tent does the protection of the act of | Congress go. Does it free the company | accepting its provisions from any control of the = municipality streets it may go? TO WHAT EXTENT. This act of 1866 authorizes the company accepting its provisions to maintain and operate its lines on any postroad. The act itself prescrihes a condition. The | lines of telegraph must not interfere with the ordinary travel, It is, therefore, sub- ordinate to the public use. The privileges of this act, “like any other franchise, are to be exercised in subordination to public as to private rights.” (St. Louls vs. Western Union Telegraph Company, 148 U. 8., 100). These privileges must be en- Joyed, subject to the lawful exercise of the police power. In Western Union Tel- egraph Company vs. Massachusetts, 123 U. 8., 53, a (fllr‘graph company, protected by the act of 1866, and engaged in busi- ness as a common carrier, was held to be a subject of taxation by a State. The Su- preme Court uses this language: ‘It never could have been intended by the Congress of the United States, in confer- rlni upon a corporation of one State the authority to enter the territory of any other State and erect poles and lines therein, to establish the proposition that such a company owed no obedience to the laws of the State into which it thus | entered. through whose ! DIED FROM OPICN IN THE BOWERY Young Henry Church May Have Taken His Life. Tragic Ending of a Man ‘Who Made History in Oakland. After His Divorce He Went East and Started a Business. HAD FOUR STEPMOTHERS, Married a Young Actress, but Was Divorced a Short Time Afterward. Oakland Office San Francisco Call, 908 Broadway, Feb. 12. In_the case of St. Lou Union Telegraph Company, supra, a | charge by a city for poles was held valld against this same company, the only lim- | itation being_that the charge be not un- reasonable. In Western Union Telegraph | Company vs. the Mayor, 3 Law Reports Ann., 49, an ordinance requiring that tel- egraph wires be placed in conduits was sustained. Streets and alleys in a city are the public property placed under the | supervision and control of the municipal- | ity, the representatives of the sovereign | power. They exercise this supervision and control for the benefit of the whole public, those living upon and those pass: ing through such streets and alleys. And in the exercise of this supervision, which s the police power, they must see to it hat the rights of the public and of pri- vate persons are not infringed. The complainant, under the act of Con- gress, has the right to use these high- ways. Neither the State nor any muniei- pality can prevent it. But this use must be subordinate to the rights of the pub- lic, must not endanger those rights. And as the municipality is the guardian of the public in this regard, it can establish such lawful provisions s may regulate the use, always, however, avoiding such reg- ulations as will make the use burden- some and intolerable, and so practically impossible, (City of Philadelphia Western Union Telegraph Company, Fed. Rep., 797.) This being so, the injunction anted by the Circuit Court ig too broad in its language and effect. There should have been the recognition of a proper exercise of the police power by the municipal eor- poration, and the use by the complainant of its poles and llnes should have been declared to be subject to such regula- tions and restrictions as may now or may be herafter imposed by the City Council of Richmond, in the proper and lawful exercise of the police power. INTOLERABLE AND IMPOSSIBLE. The only remaining question is, do the ordinances of the city of Richmond pre- scribe regulations which will meke the use burdensome and intolerable, and practically impossible? “It belongs to the Legislature to exer- cise the Knllce power of the State, sub« ject to the power of the courts to ad- judge whether any particular law is an is vs. Western tution.” (Mugler vs. Kansas, 123 U. 8., 623.) ‘“The ILegislature may not, under the guise of protecting the public inter- ests, arbitrarily interfere with private businesses of or impose unusual and un- necessary restrictions upon lawful occ pations. In other words, its determina- tion as to what is proper exercise of its | courts.” (Lawton vs. Steele, 152 U. 8., 137.) If this be the case with regard to the Legislature a fortiori it applies to a municipal corporation, the creature of the Legislature. On_examination of these ordinances, it will be seen that as a condition precedent to the use of the streets of Richmond, a petition must first be filed for the pu pose of erecting and maintaining poles and wires for telephone purposes, in ac- cordance with the conditions of that or- dinance, and such conditions as the Coun- cil may see fit to impose. (Ordinance approved 10th September, 1895.) The sey | enth section of that ordinance expressly reserves to the City Council the right to put at any time other restrictions and | regulations. And the whole tenor and | effect of the ordirance is to put the com- | pany absolutely under the control of the city. And the terms of the ordinance | are enforcible under heavy penalties. The next ordinance—the one providing for wires in conduits—after providing that the City Council may compel the removal | of wires from pol overhead in certain streets and the putting them in conduits in certain streets, under a penalty of not | less than $100 or more than $500 for each pole per week, provision is made for per- mission to bulld conduits of sufficient ca- pacity to accommodate the wires in such streets and to provide for an increase thereof to at least the extent of 100 per cent, the increase of space not to be oc- cupled by the party building the conduits without the consent of the Council, the | conduit to be used for the wires of the Council free, and the City Council to allow any other person or corporation to use such conduit for wires upon paying compensation fn the mode prescribed by the City Council. This privilege of build- ing and owning conduits to last no longer than fifteen ypars, at the end of which time the city may put such other restric- tions, conditions and charges as it may see fit, or may order thelr removal at the expense of the owner. The charge for using or owning any wire in any such conduit shall be for each vear until Jan- uary 1, 1900, $2 per wire per mile; af- ter January 1, 1900, such larger com- gensallon for the rest of the term as the ity Council may see fit. These are some of now imposed, with the right to im- pose any others which the Coun. cil may see fit. Now it goes without saying that if the complainant, notwith- standing its claim of protection under the act of Congress of 1866, were willing to file a petition to the City Council for the privilege of using its streets and alleys, and in that petition agreed in considera- tion of its grant to abide bfy' any present or future condition, regulation or restric tion the Council may impose, this would be a binding contract and would control the complainant. (R. R. Company vs. Ryan, 153, U. 8., 436.) Whatever the rights of the complainant may have been undey such a stipulation, it would surrender them and come within the absolute domi- nation of the City Council. The courts could not review any ordinance to dis. cover if it be within the lawful exercise of the police power, for the complainant would be bound by its contract to obey the ordinance, be it a police regulation or not. These conditions, regulations and re- strictions already prescribed by the City Council appear to be stimulated by a de- sire to oppress and control, perhaps de- feat, the existence of the complainant, the conditions police power. Let the case be remanded to the Cir- . cuit Court with instructions to modify | the terms of the injunction therein grant-. ed, so that it may conform to the prin- ciples declared in this opinion, the costs' ot the case to be equally divided between the parties. i R T Death Ends Her Suffering. OAKLAND, Feb. 12.—After two days’ frightful suffering, Mrs. Mary Flanner: of 1267 Campbell street died this morn- ing from the effects of burns inflicted by an exploding lamp. Her husband, James Flannery, who was in Tgolxmrk County in the gold fields, returned last night. The doctors pronounce it the worse case of the kind ever called to their atteén- tion. The unfortunate woman's hands were burned until her finger-nalls dropped off. Her feet and legs were burned to a crisp, while her face, neck and back were badly scarred. 51 invasion to rights secured by the consti- | and so are not the lawful exercise of thel From a home of wealth and luxury to death in the lowest of Bowery sa- loons in New York, is the fate of John Henry Church Jr, who ten years ago was one of the best-known young men in this city. Probably no family on either coast has had more romance and tragedy in- jected in their history than that of the Churches of this city. John Henry Church Sr. is now a resident of San Francisco, is in poverty, and word has just been received that a short time ago his favorite son either died from the effects of or committed suicide by tak- ing morphine. At the time of his death the New York papers declared that there was “a mystery on the Bowery.” A well- dressed young man took a room at the Klondike lodging house, 359 Bowery, and for two days did not go out. At the end of that time the door was | forced open, and the dead body of the man was found on the floor by a chair, upon which were a syringe and a vial containing morphine. He had regis- tered as Thomas McCarty, but an in- vestigation of his clothing showed that his name was either J. H. Chureh or G. H. Granville. After the body was taken to the morgue Granville was discov- ered, and a little later the dead man was recognized as Church. His step- father, Stephen Van Court of Mt. Ver- non, made the identification. Mrs. Van Court, young Church’s mother, was formerly one of the five wives of J, H. Church, the wealthy saloon man of this city. About ten years ago young Henry, | contrary to his father's wish, married a young actress, who was then em- ployed at the Golden Gate Music Hall in this city, an instisution .which has long passed into history. Their mar- ried lite was short and unhappy, and young Church secured a divorce. Some time later Henry was arrested for an alleged theft of a watch and was sentenced by Judge Wallace to twenty years' imprisonment. A new trial, however, was grant- ed him, and his mother, Mrs. | Van Court, who had always maintain- ed correspondence with young Henry's divorced wife, sent out $100v to pro- | vide for her son’s defense. He was en- abled to procure attorneys and at his second trial was acquitted. After this inciden: young Henry went to New York, where his mother set him up in business, and for some time he had been doing tolerably well He had, however, contracted the habit | of using morphine, and three days be- fore his death he disappeared from home, and, as developments showed, he had gone to the room on the Bow- | ery under an assumed name either for the purpose of having a morphine de- bauch or taking his life. Whether his death was accidental or intentional is still a matter of doubt. Young Church’'s father is perhaps the most-married man in California. Years ago he started his matrimonial career, and at that tiine ne was said to be worth $200,000. Periodically he has been divorced and married until he has | had five or six wives. In nearly every | instance a separation took place only in conjunction with the giving of a | handsome sum to the aggrieved wife, consequently each time Church mar- ried he was poorer than when he last appeared before the altar. Both he and his son have from a variety of reasons Dbeen before the courts in this city and San Francisco as much as any two members of one family ever were. Young Henry’'s former wife is now living in this city, having been married to a very worthy man. ————— CIGAR DEALERS IN DIFFICULTY A Pennsylvania Firm Sues for the Recovery of a Large ' Sum. police power is not final or conclusive, | but is subject to the supervision of the Peculiar Phase of the Situation — A Suspicious Transfer of Property. | s Harrold Bros., dealers in cigars and to- | bacco, 103 Front street, were attached | late Friday afternoon by I, W. Bny- | der upon an assigned claim from Oblong | Bros., Philadelphia, Pa., for cigars and tobaceco sold and delivered by them with- in the past year. The Philadelphia firm, not recelving a remittance, became suspicious and sent a representative to make an investiga- tion, which resulted in his finding that property formerly in the name of Frank and W. P. Harrold had been either trans- ferred or that a homestead had been filed thereon. Property in Mill Valley has been deeded to George Harrold, and the book accounts to a mother of the members of the firm. All of these transactions are of recent date, and bfi the attorneys of the | plaintiffs, Waiter H. Linforth and Grove :E{ ‘a’hlmker, are looked upon with sus- picion. A ullar phase of the situation is that.p:!%tmthnud.lnr the fact that the attachment is for a large amount, $17,- 48, there :eemin,ly is only one creditor. An _effort, there! eie to force the firm into Insolvency would fafl, as it would require the petition of at least five cred- arties making the attach- It fraud et':“mnmy l:geco.n.age S '3 “;! €} Afrau 0 menf and ng of prope aside, at this l:gur!e‘wfll ‘be pursued is intimated by the attorneys for the plaintiffs, : ——————— Read Call History offer. Page 3. Turmoil at a Meeting of MENTURN PALE, WOMEN FAINT the Village Belle Circle. The Treasurer Threatens to Kill the Chief Com- panion. An Investigation Into the Treasurer’s Accounts the Cause of the Trouble. There was an exciting time at the meeting of the Village Belle Cirele, Companions of the Forest, Friday night in the Alcazar building. Bdward P. Donovan, 265 Harrlet | street, was recently elected chief com- panion, and upon his induction into of- fice he decided on making an investiga- | tion into the accounts of the treasurer and financial secretary, J. G. Chase, a carpenter and builder on Larkin street, near Vallejo. At his suggestion an au- diting committee was appointed, which roused the ire of Chase. The commit- tee comrgenced their investigation, and Donovan, on receiving a partial report, became convinced that something was WIOng. During the meeting Friday night Donovan called upon Chase to produce some vouchers. Chase jumped to his| feet, called Donovan a vile name, and quickly put his hand In his hip pocket. He threatened to kill Donovan and a wild scene followed. A number of lad- | ies belong to the circle and several | were present at the meeting. Chase's‘ words and actions filled them with ter- ror, and their screams could be heard all over the building as they made a | combined rush for the door. The crush | was so great that two of them fainted, | which added to the excitement. The men were calmer and several of | them made a grab for Chase and held | him till Donovan got out of the way. | The meeting broke up in disorder, as bloodshed was feared if Donovan re- turned. \ | Yesterday morning Donovanappeared | before Judge Joachimsen and swore out | a warrant for the arrest of Chase on | the charge of threats to kill. He had | not got over his excitement, and it was | evident that his nerves had received a severe shock. He told the Judge that he firmly believed Chase would carry out his threat to kill him, and he wanted him bound over to keep the peace. “The investigation must go on,” said Donovan, “and it won’t do for this man to try and prevent it by threatening to take my life. I am certain something is wrong, and his conduct last night has simply made me more convinced of the fact.” ————— WILL SAIL FOR SKAGUAY. The Steamer Australia, Captain Houdlette Commanding, Taken Off the Honolulu Line. The steamer Australia, Captain Henry C. Houdlette commanding, arrived in port yesterday after a pleasant voyage from Honolulu. The next trip out made by the Australia will be to Skaguay, as the steamer has been chartered by Good- all, Perkins & Co. to convey freight and passengers to the frozen gold fields in the Northwest Territory. Captain Houd- lette, who is one of the best known and most popular captains sailing out of this port, will remain in command, and the majority of the crew will also make the voyage with him. We had a very pleasant voyage from the islands,” said the jovial captain last night. *“I cannot recall an incident or event worthy of notice,” he added, “uR- less it was the fog bank we ran into eight hundred miles out from port. We were in the bank day and night, and I can as- sure you that we felt pleased when we got out of it, when off the Farallon Isl- ands.” Captain Houdlette said that it came to him as a great surprise when he was in- formed that his next trip would be to the Klondike regions. He has made 151 trips to the Hawalian Islands, and it will ve strange for him to take the Australla over an entirely new course. T “All the informauon I have received concerning the voyage to Skaguay,” said the captain last evening, ‘‘comes from the pilot. He told me that the Australia had been chartered by Goodall, Perkins & Co. and that I was to sail with her within a few weeks. I was tired out when 1 got in, and went home without visitin the office. I suppose I will receive all necessary instructions Monday." Captain Houdlette will have the best wishes of all who know him in his new field of duty. _uring the many trips made by him to the islands he won a host of friends, and those who are fre- quently called to travel to Honolulu will miss him and his stanch steamer. COLLECTED IN THE_CORRIDORS. B. U. Steinman, ex-Mayor of Sacra- mento, is at the Palace with his Wife. County Clerk G. M. Foote of Hollister is one of yesterday's arrivals at the Grand. Mr. and Mrs. F. 8. Cooley have come up from San Mateo and are at the Ocecl- dental. - U. 8. Gregory, Sheriff of Amador County, Is registered at the Grand from Jackson. Dr. George Kriehm, one of the profes- sors of Stanford University, is a guest at the Grand. Raleigh Barcar, a legal luminary of the Vacaville bar, is at the Lick on a short visit to the city. ‘Walter Mohns of the firm of Mohns & Kaltenbach leaves to-morrow for Alaska on the National City. C. M. Wooster, one of the big political men of San Jose, is to be found at the Palace for the next few days. R. C. Scott and J. G. Rothwell are two travelers who arrived on the Australia yeterday and went to the Occidental. Dr. George T. Hunter, one of the fore- most physiclans of New York, is at the Occidental on a short visit to the coast. ‘W. F. Geary, one of the best known and most public-spirited citizens of Sacra- mento, arrived in the city last evening and went to the California. H. Stoddardand A. S. Boyd, well-known residents of Santa Barbara, returned yesterday on the Australia from Hono- lulu, where they have been on a trip of relaxation from business cares. 00000 he determined to A KINDLY o French Academy 0000000000 the opposition fore trying for admission to write some- who did not approve of that realism ture. The result of that decision was “‘La ing the favor with which it was received it failed to accomplish the object for which it was written and Zola continued to be of the earth instead of cccupying the place among the immortals that he craved. The other day one of our city's promi- nent divines, presuming on the priv- ileges accorded to those of the cloth, #ent up his card to a lady living in one of the “city’s prominent hotels and was told to come up to the room. ‘The lady, a bright society woman of unquestioned taste and breeding, has no particular love for ministers under any circumstances. So when this particular dominie came into the room and catch- ing sight of a book bearing the name of Zola on the cover began to read her a lecture on the literature she used the hostess lost all patience, and turning to her visitor said: *“Perhaps in composing the magnificent sermons with which you hold us spellbound each Sunday your time is so taken up that you have no op- portunity to keep in touch with the pro- ductions of lesser geniuses and therefore are to be excused for not always knowing | of what you are talking. But as I see | you have leisure to pay social calls to- | day I 'will lend you this book and excuse | you while you go home and by reading | it see what a very pretty little story it | is.” The minister left, but in such a | hurry that he neglected to take the book | so kindly offered him. J. H. Henry, a capitalist of San Jose, is staying at the Palace. A. P. Catlin, ex-Superior Judge of Sac- | ramento, is registered at the Lick. | Dr. A. C. Griffiths, one of the leading | physicians of Santa Rosa, is a guest at| the Grand. Professor R. E. Allardice of Stanford has come up to the city and is at the California. Mason W. Mather of the Plumbago mine is at the Occidental on a vacation to the city. E. J. Caldwell, a gentleman largely in- terested in Montana mines, is registered at the Baldwin from Helena. ‘WS G. Irwin, the millionaire Honolulu sugar planter, arrived at the Palace yes- terday with his wife and child. State Sendtor J. L. Beard of Alameda returned yesterday from Honolulu, where he has been spending his vacation. A. and M. Agassiz, the two well-known scientists, have returned from their trip to Honolulu and are at the Palace. E. Ingalls, a wealthy New Yorker and capitalist of Buffalo in that State, is at the Palace on a pleasure trip to the coast. George E. Briggs, proprietor of the Highland Democrat, published at Peek- skill, on the Hudson, is at the Occidental from New York CALIFORNIANS IN NEW YORK. NEW YORK, Feb. 12—Lloyd T. Breck- inridge of San Francisco is at the Buck- ingham Hotel. Mr. and Mrs. Frank J. Carolan of San Francisco sailed for Eu- rope to-day. Music at the Park. The following programme will be ren- dered by the Park Band to-day: March, Overturs Suite, *“Three Quotations’ Sousa. a. “The King of France, with 20,000 men, marched up the hill and marched down again.” b. ““And I was born in Arcadia.’” c. “In Darkest Africa.” Selection from ‘‘Les Cloches de Corneville' uber e Planguette “Jubilee in the ; band..Gungl Soene from the celébrated opera, +The Bar- ber of Seville % Rossin! Flute Solo, Selecte ¥ . Volstedt r. Waltz, “Jolly Girl March, “In the Swim’ State Song, ‘‘Hall, California’ Death of John A. Wheeler. John A. Wheeler will regret hearing of his death, which occurred Friday after- noon, after a long and painful iliness. Mr. Wheeler was a native of Vermont, and had he lived until the 17th inst. would have celebrated the seventy-third anni- versary of his birth. In his Younger days he was the superintendent of the Hoosle tunnel, and assisted materially in_its construction, afterward coming to Cali- fornia—in_1876—since which time he has been at the head of the draying depart- ment of N. Clark & Sons and the Facific Pottery of this clty, where he was held in the highest estéém. He leaves two brothers, H. fI. Wheeler, on the Supreme bench of Vermont, and N. A. Wheeler, a prominent druggist of Springfield, Mass. His widow I8 a sister of Mrs. D. I. New- kirk and Mrs. John Cobley of this city. The funeral will take place from the family residence, 2635 Mission street, at 2 p. m. to-day, under the auspices of the American Legion of Honor, of which de- ceased was one of the early organizers. DR. LOUIS BAZET 15 INDIGNANT With P. A. Bergerot He Scorns the Charge of Anti- Americanism. Say They Favor Enlightened Ad- ministration of the French Hospital. And already is heard the merry crack of the picket rifle heralding the big bat- tle two months hence for the control of the French Hospital. Editor Marque of I'Imparcial has already intimated that the opposing faction of La Ligue d'Henri under the leadership of Dr. Louls Bazet, Attorney P. Alexandre Bergerot and his father. Perhaps the most ‘“serious” ac- cusations _against these three has been that Dr. Bazet is “opposed to American physicians.” And now come Dr. Bazet and Attorney Bergerot with a clever flank movement. They say, jointly, that they revere ADVERTISEMENTS. HE SENDS IT FREE. A Never Failing Remedy That Makes a Man Young Again. TRUE MANLINESS QUICKLY REPLACES THE WORN OUT NERVES AND VIGOR. ‘When a man's strength and vigor is slowly wasting away from nervous weakness, the mental forebodings are ten times worse than the most severe pain. There is no let up to the mental suffering day or night. For years the writer rolled and tossed on thetroubled sea of Nervous Debility, Emissions, Lame Back and the various other troubles of Sexual Weakness, until it was a question whether he had not better take a dose of poison and thus end all his troubles. But providential inspiration came to his aid in the shape of ‘a combination of medicines that completely restored his general health and enlarged his weak, emaciated parts to natural size and vigor, and he now declares that any man, young or old, who will take the trouble to send his name and address may have Free full particulars of this wonderfut home treatment which quickly restored me to my full strength and vigor of youth. Now, when I say free, I mean absolutely without cest, because I want every weakened man to get the benes't of my experience. There are thousands of men suffering the mental tortures of weakened man. hood who would be cured at once could they but get such a remedy as the one that cured me. Send for it, and learn that there are a few things on earth, although they cost nothing to get, are worth a fortune to some men, and mean a lifetime of happiness to most oo0000000 Og Emile Zola,when apply for admis- OFFER o sion to the OF A BOOK. © gome years ago, © knowing -full well that would be made on account of the bestiality of his writings, decided be- thing of a different nature that might perhaps soften those opponents of his which deplcts so vividly and disgustingly all that js base and brutal in human na- Reve,” one of the purest and sweetest little stories ever given to the French of us. Write to Thomas Slater, Masonic Temple, Kalamazoo, g:lt’i’: na and the information will be mailed | that is America A. Roncovieri | The many friends and acquaintances of | 1V is preparing to conduct its campaign | 15 AUCTION SALES. EMIL COHN, Auctioneer, el. Clay Office warerooms, 78 Mission st.; t 7. Better than Klondike. 1 will sell $1060 worth of stationery, periodical 00l sup- plies, etc., formerly belonging to MR. EIN- TRACHT, at 713 Larkin st. Wednesday, Tharsday, Friday, Feb. 16, 17, 18. Commencing each day at 11 a. m. Particu- lars in Tuesday and Wednesday papers. EMIL COHN, Auctioneer. France, and for that reason want her hospital here to have the best physi- slans—who are American. Dr. Bazet him- self was prevented from entering the management for three years solely be- cauge he had an American diploma. P. Bergerot was the man who opened the hospital doors to doctors with Amer- ican diplomas and the faculty comprises: Dr. Bazet, who is also president of the San Francisco Polyclinic; Dr. Orella, as- sistant surgeon, who is a graduate of Cooper College and a pative son; Dr. Neo Neumark, an American and con- nected with the San Francisco Polyclinie; Dr. Hayes, an American, appointed on the recomtendation of Dr. Baget; three internes, Drs. Burges, Putnam and Allen, all American doctors; Oscar J. Mayver, gyrecologlst, graduate of a German uni- versity. 'Thus out of the eleven doctors at thé hospital seven have American di- plomas, two French, one German and one Austrian, effectually disposing of the charge of anti-Americanism. Attorney Ber, states that the fight is being made by I'Imparcial in the inter- est of a certain candidate for the presi- dency of the hospital pported by Mr. Marque and a few other Chauvinistic gen- tlemen who are opposed to everything In fact, La Ligue seems to have scored a strategic point so far I'Alliance. —_——— It takes about ten weeks to build a railway engine. over its enemy, ADVERTISEMENTS. To THE EDITOR : T have anabsolute Ci¥e for CONSUMPTION nnd all Bronchial, Throet and Lung Troubles, and all conditions of Wasting Away. By itstimely use thousands of apparent. Iy hopeless cases have been permanently cured, S0 proof-positive am I of i will send FREL to 1 | BOTTLES of my New! s, | upon receipt of Express and Postoffice address. { Always sincerels 5 | T.A. SLOCUM, M.C., 18; Pearl St.. New York. When writ: Draetont nlaann 3 SAHITARIUM No KNIFE or Pain. NO PAY UNTIL CURED 75-Page BOOX Sent FREE with home tes- timonials and exact addresses of hun- dreds cured of large Cancers, some 8, fo and 121bs. in alcohol. : ivglyc: edover 1,000 Cancersin California in & yis;25yrs' experience. Any lump in the breast is Cancer; they always poison {rom breast to arm-pit and liptothroat.” If large it is then too late. S.R.CHAMLEY. IA. D, OricE, 719 MaRxeT ST.,8.F. SEND TO SOMEONE WITH CANCER visic DR, JORDAN'S Greest Museum of Anatomy 1051 MAREET ST. bet. 62 & 7:h, 5. F. Cal. The Largest of its kind in the World. DR. JORDAN—Private Diseases. Consualiation free. W for Book I M Philosophy of Marriage. MAILED FREE. | | Weak Men and Women HOULD USE DAMIANA BITTERS, "HE great Mexican Remedy: gives heaith and strength to the sexual organs. OCEAN TRAVEL. PACIFIC COAST STEAMSHIP CO. Steamers leave Broadway wharf, San Francisco, as follows: For ports in Alaska, 10 a. m., Feb. 5, 2, and every fifth day thereafter. For Victoria, Vancouver (B. C.), Port Town- send, Seattle, Tacoma, Everett, Anacortes and New' Whateom (Bellingham Bay, Wash.), 10 a. m., Feb. 5, 10, 15, 20, 2, and cvery fifth day thereafter, connecting at Seattle with com- pany's steamers for Alaska and G. N. Ry., at Tacoma with N. P.Ry. at Vancoaver with For Fureka (Humboldt Bay). steamer Hos mer, 10 a. m., Feb. 13, 19, 25, March 3, 8, 15, 21, %7, and every sixth day thereafter. For Santa Cruz, Monterey, San Simeon, Ca- vucos, Port Harford (San Luis Obispo), Gavi. ota, ‘Santa Barbara. Ventura, Hueneme, San Pedro, Bast San Pedro (Los Angeles) and Newport, ¢ a. m., Feb. 2, 6, 10, 14, 18, 22, 28, and every fourth day thereafter. For San Diego. stopping only at Port Har. ford (San Luis Obispo), Santa Barbara, Port Los Angeles and Redondo (Los Angeles), 11 a m., Feb. 4 8 72 16, 20, 24, 28, and every fourth day thereafter. For Ensenada, Magdalena Bay, San Jose de Cabe, Maszatlan, Altata, La Pas, Santa Ro- salia’ and Guaymas (Mex.) 10 a. m., March §, Ap:il 3, and 24 of each month thereatter. The company reserves the right to change without previous motice steamers, salling dates and_hovre of salline. TICKET OFFICE—Palace Hotel, 4 New Montgomery st. GOODALL, PERKINS & CO.. Gen. Agts., 10 Market st., San Fraocisco. - THE 0. R. & N. €. DISPATCH FAST STEAMERS TO PORTLAND From Spear-street Whart at 10 a. m. 10, 20, £12 First Class Including Bertn FARE §8 Second Class and Meals. SCHEDULE OF SATLINGS: State of California ..Jan. 23, Feb. 2, 12, 21 Crlumbia.... an. 28, Feb. 7, 17, 27 Through tickets and through baggage to all Eastern points. Rates and folders upon appli~ cation to F. F. CONNOR, General Agen Market street. L) GOODALL, PERKINS & CO.. Superintendents. g:mc s Gty and AUCKLAND for SYDNEY, Wednesday, February'23, at 2 p. m. Line to OOOM{AHRDIE. Australia, and CAPB TOWN, South Africa. J. D. SPRECKELS & BROS. CO., Agents, 114 Montgomery strest. Freight Office—327 Markef San Franeisco. Compagnie Generaie 'fransatl‘utiqu French Line to Havre. <ER Company’s Pier wnew), if Nortn River, foot of ! orton st. Travelers line avoid both transit by | b3 | | the | STOCKTON STEAMERS Leave Pier No. 3, Washington St., at 6 GHT RECEIVED Ui TO 5:30 B, M. tions reserved telephone. The only line selling h tickets and giv- ing through freight rates to all points on the Valley Rallroad. 3 g J. D. PETERS, TSy GARRATT, CITY OF STOCKTON Telephone Mrip 805 Cai. Nav. and Impt. Co. For San Jose, Los Gatos & Santa Cruz Bteamer Alyiso loaves Pier 1 daily (Sund w’;a 0 m.; Alviso daily (Saturdays Fare between San isco and Al FOR U. S. NAVY-YARD AND VALLEJO. ** Monticello” Will e up to receive new boiler and ge i | resume neral route on March 1, - 1