The San Francisco Call. Newspaper, March 11, 1898, Page 14

14 THE SAN FRANCISCO CALL, FRIDAY, MARCH 11, 1898. TO WREST POOR PEOPLE'S MONEY FROM A GRASPING MONOPOLY Suit Brought to Recover a Meter Deposit lllegally Held by the Gas Company and Retained Without Consideration to the Owner. A Small Beginning That May Mean -the Release of an Eighth of a Million of Dollars Belonging to Sixty Suit wae flled against the San Fran- cisco Gas and Electric Company yester- day for the sum of $5. As trivial as this action may seem in itself, the real amount involved is great enough to concern even a rich corporation The suit directs attention to an im- position from which most householders of this city have suffered. Those who have escaped have done so by under- standing their rights and asserting them. The gas companies arbitrarily demand a deposit of $5 from any per- son who wishes to become a customer. They do this with such assurance that the fact that there is not the slightest warrant for it in law or equity is not apt to dawn on the applicant. If, how- ever, he is shrewd enough to let the company know he objects to advanc- ing it a loan, the company will not t. Comparatively few realize the truth that the company is working a confldence game, or, realizing it, would rather submit to the exaction than combat it. Thus the companies have ed up a large aggregate of these driblets to which they have no claim, and upon which they pay no interest. Taking the popuiation of the city as 300,000, which is an underestimate, the ; method of computation would divide these into 60,000 families. Sup- that one-half these families use nother palpable underestimate, hey have each deposited reaches a comfortable fortune. now ion of the Gas and 'Electric Thousand Patrons. Company and the Pacific Gas Improve- ment Company. Why should they be permitted to retain it? The suit is for the purpose of finding out. An individual with so small a sum as 5 on deposit for a series of years might easily forget about it or lose his re- ceipt. final month’s bill so swollen as to leave the $5 in’the confiding hands where he had placed it. That consumers are. oppressed in other ways does not tend to create any sympathy for the corporation in the suit under consideration. light is furnished, that meters either do not record fairly or are not fairly read, that people who protest against bills they know to be outrageous are met with the arrogant statement that they can pay up or have the gas shut off, are mere incidents to be recalled now that action has been brought in resentment of a_ general injury long patiently endured. The statutes in the matter are clear | enough. The law under which the com- panies require a deposit is one of their own making. They can enforce it only by intimidation. Section 629 of the Civil Code, adopted as long ago as 1872, covers the matter. It is as follows: Upon the application in writing of the owner or occupant of any dwelling or premises not distant more than 100 feet from any main of the corporation and payment by the applicant of all moneys due from him the corporation must sup- ply gas as required for such building or | premises, and - cannot refuse on the ground of any indebtedness of any for- mer occupant or owner thereof, unless the applicant has undertaken to pay the same, If, for the space of ten days after such application, the corporation refuses TO FILL WILDER'’S PLACE. The Man Who Will Take Charge of the Southern Pacific’s Great Western Division. SUPERINTENDENT JAMES AGLER. The speculation as to who would be the man to succeed to the super- intendency of the western division of the Southern Pacific was yesterday set at rest by the following circular issued by General schnitt: Manager Krutt- “The following appointments are announced to take effect March 20, 1898: “Mr. James Agler appointed superintendent of the western division, vice Mr. A. D. Wilder, deceased. “Mr. John S. Noble appointed superintendent of the Salt Lake division, vice Mr. James Agler, transferred. “The office of superintendent of the Shasta division is abolished; that portion of the line from Dunsmuir to Red Bluff, including Dunsmuir yard, will form a part of the Sacramento division, Mr. J. B. Wright superintend- ent. to lines in Oregon.” That portion of the line from Dunsmuir to Ashland will be added The circular is self-explanatory and gives the entire changes resulting from the death of Mr. Wilder and the promotion of Mr. Agler. Mr. Agler, the new head of the western division, is one of the ablest and best-known men in’ the railroad business, with which he has been connect- ed since 1863, when he was on the Iowa division of the Chicago and North- western. He remained in that capacity until 1869, when he became a brakeman on the Towa division of the Rock Island road: from there he went to the Union Pacific as operator and train dispatcher at Rawlins, Wyoming, where he remained until ’72, when he accepted a position with the Central Pacific as agent at Ferris, on the Salt Lake division of that road. of the Sacramento division at Emijgrant he was promoted to the agency In 74 Gap, then to the agency at Tracy, where he remained but a short time, leaving to take the position of trainmaster at Rockland. His next advancement was to the superintendency of the Shasta di- vision at Dunsmuir, which position he occupied at the time of strike, during which he manifested such ‘remarkable ability that, the great as soon as things had quieted down, he was given charge of the important Sait Lake division with headquarters at Ogden, ceed the late A. D. Wilder as superintendent whence he comes to suc- of the western division, the most important department of the entire system Mr. Agler is still a compargtively He Is not only respected by the age. young man, being only 51 years of heads of the company for his abil- ity and integrity, but is exceedingly popular with his subordinates for his courtesy and kindness. James L. Frazier was, at one time, prominently mentioned as the prob- able successor of Mr. Wilder by those who were acquainted with his long and excellent record and the high esteem in which he is held by the heads of the Southern Pacific. His name was seriously considered by those in authority, superintendert of the coast and Santa Cruz divisions, but as he, as which include the narrow gauge lines and ferry service, already fills a position of equal im- portance to that left vacant by the death of Mr. Wilder, which will be of even more moment when the gap between Santa Barbara, and Surf is put through, making a main line over which. southern transcontrzental traffic will pass, and as he evinced no particular desire for the superintendency of the western division, it was decided to leave him in the position he is &t present so ably fillng and the changes were made as recorded above, & In any event he would find his | ‘That poor | or neglects to supply the gas required, it must pay to the applicant the sum of $50 as liquidated damages, and $ a day as liquidated damages for every day such refusal or neglect continues thereafter. But section 632 is for the protection of gas companies. It gives them author- | ity to shut off the gas from anybody | who refuses to pay for it or for the C00000000000C000000 o i Judge S. C. Denson said: “I think he can have his $5 back at any time. The rule is simply ong which should apply to unsettled people, but a householder who has a permanent and established abode or who owns property should not and could not be le- gally required to deposit the se- curity in that way. It amounts to giving up perpetually that amount of money under pretense of exacting a security and is really taking and keeping a man’s money without considera- tion. I think Mr. James will win his suit because there is no con- sideration whatever for the $5 which he is suing for. They are glving him absolutely nothing for the amount. He pays for all he gets, and if he continued in- definitely to take and pay for gas, still they keep his money. I say it is an unreasonable re- quirement and one without con- sideration and one that the law will disregard.” 0C0C000C0C0000C00000000000000 000000000000 00000000000000000 0000000000000 00000 | rent of meters or any fittings used in| furnishing the supply. This would seem | to_put the companies in a position to | | collect anything which might be due. | Indeed it gives them a manifest advan- | tage over others engaged in selling that which the public is forced to buy. | From time to time efforts have been made to mitigate the extortion prac- | ticed by the gas companies, but their | | emissaries have gone to Sacramento | | and defeated every measure tending to restrict their absolute sway. On Janu- | ary 13, 1891, Mr. Hamill intrcduced in | | the Senate a bill providing that any gas | company having in its possession | money deposited as security should re- | fund it on demand, and in case of re- | fusal forfeit to the aggrieved party‘ :3500. This was referred to the Commit- tee on Corporations and never got any | further, On same date the same gentle- | man introduced a bill providing that | gas companies on demand must supply | applicants with gas, placing in readi- | | ness all necessary appliances without | | cost to the applicant, and naming a| | heavy penalty for violation. This l’()l»i | lowed the course of the first measure, | and there was never a chance of voting | |on it. A week later duplicates of these measures were introduced in ;e House, went to committee and so died. | The present suit was brought by He: ry James. ‘I regretted the necessity, | he said, when asked concerning it. “Aside from charging me for easily double the amount of gas ever con- | sumed in my house, the company, by its representatives, has always treat- | ed me with the utmost courtesy. Prob- ably my experience has been similar to | that of others, it occasionally happen- ing that the monthly bill would be ren- |000000000000000000 Ex-Senator Tirey L. Ford is of the opinion that the statutes enacted governing the powers of the gas corporations cover the point upon which the suit of Henry E. James is based and that a strict interpretation of section 629 of the Civil Code leaves a balance in his favor. “The language of the statute cannot be mistaken,” said Mr. Ford last evening. “It was un- doubtedly enacted to govern the powers of the gas corporations in such cases as the one which has been carried to the courts for adjudication. As to its con- stitutionality I am unable at present to give an opinion, as I have given the matter but little consideration and am not con- versant with opinions which have been handed down when this or a similar question was in- volved. On brief consideration of the question, however, I am of the opinion that the statute will stand when it is brought up in the case soon to be tried. The custom of the gas companies in demanding a deposit of $5 car- ries with it a double advantage to the companies. It insures them from all loss that might result were the regular course of business as carried on by bus- iness men and most business corporations adopted and places in their coffers that they may reap the benefit therefrom a vast sum of money, of the use of which the legal and rightful owner is deprived.” 00000000000 0000000 dered at a time inconvenient for imme- | | diate settlement. In such instances 1 | have named the day the account would be settled, and the company has await- | ed that day. I appreciate this, and mention it to show that the suit is not | inspired by personal feeling. A princi- ple is involved. Here is a great corpo- ration which has had for several years $5 belonging to. me. The corporation does not need it; quite possibly I might. | No doubt there are many men who are perfectly willing and competent to meet | their gas bills to whom the absence of | the $5 loaned indefinitely to the compa- | ny is a hardship. I had these in mind. If the company had returned my mon- ey it would have been obliged to return the money of every other customer. If I can force it by law to make restitu- tion the same result is attained. “Learning that there is no law re- quiring me to make.a deposit I con- cluded to get the money back, sup- posing there would be nothing to ‘do 00CCO0CO00000C00000000000000000000000C00000000 00990000000000440_(1‘000_000_000000000000000000000 (1] | below {t. but ask for it. The official interviewed refused to comply, was somewhat curt it seemed to me, and I went to Mec- Gowen & Squires and asked them to ‘bring suit. The- did not lose any time. ¥ think there will be a sort of run on the gas companies if this little case breaks the grip with which my fiver is clutched, and it certainly will. “There's no particular reason why a corporation which has been presented Wwith a franchise permitting it to tear up streets and fheasure its rotten gas in a lot of quick consumption meters should, by a gift from every customer, be enabled to garner an unearned for- tune in addition to that which it gets in a legitimate way, supposing, of course, that its ordinary methods are legitimate. . The patron is at the mercy of the corporation. It can overcharge him shamefully, and does so. He has no recourse. For the gas company which, in the lapse of a year, absorbs from each customer for gas he does not burn more than the $5 he has put up to make the plea that it needs se- curity is childish. It protects itself as it goes along. It can always stop sell- ing when the patron defaults and there is no chance of its losing as much as it has made the patron lose. Besides, it does not stand on the footing of the merchant nor landlord. These pay for their commodities and rights, and can- not be monopolists, while the most val- uable possession of a gas company is | a free gift which virtually carries with it the.privilege of being a monoply. It's about time anyhow for the public | to have an accounting of the numerous $5 pieces the gas people hold in trust.” A. F. Morrison of Morrison, Foerster & Cope expressed the opinion last evening that the language of the stat- ute would admit of but one construc- tion, and that construction was in favor of the consumer and against the corporation in event it endeavored to transgress the laws governing its powers. ““Whether or not any subse- quent legislation has diminished the | effect of the statute I am unable to say,” he said last evening, “but if it has not the language of the statute cannot be misconstrued.” City and County Attorney H. T. Cres- | well—I have never given the statute regulating gas companies any particu- lar attention, and am not familiar with its provisions. I should say, though off | band that the companies have no right to demand a deposit from consumers, and if this deposit is held illegally I do not see why suit cannot be instituted for its recovery. Ex-Attorney General A. L. Hart— Without looking into the matter closely but from a casual reading of the statute I should say that gas com- panies are required to furnish gas to any applicant upon his performance of | the conditions named in the statute. | The arbitrary demand of a uniform de- posit of $ from every consumer to be retained as long as they are patrons of the company is not one of the condi- | tions named and therefore connot be | enforced. I think, though, the company could require the payment in advance each month of a sum approximating the amount of the bill, any surplus to be credited to the next month’s charge. In this case, I am inclined to think that the plaintiff having deposited the $5 demanded cannot recover it, as it would be regarded as a voluntary pay- ment. His course, it would seem to me, would have been to surrender his meter and after receiving his deposit and paying all charges for gas that might be due the company, demand | service again, and proceed according to the statute to enforce it.” President Crockett, when seen in re- lation to the matter, stated that the term deposit s a misnomer, the money exacted from persons using gas being solely for the purpose of securing the company from any loss through irre- sponsible parties where it would be impossible for the company to recover. When parties are recommended as be- ing responsible he said no exacted from the: “The system w:s inaugurated by the advice of S. M. Wilson, our attorney at that time,” said Mr. Crockett, “and is a rule of the company which we con- sider to be only a reasonable protec- tion of our interest.” —_———— A DAM CASE. Residents on Taylor Slough Are Very Much Agitated Over an Al- leged Obstruction. James McA who was arrested last evening on a ant Issued by United States Court Commissioner Heacock, was taken before a Justice of the Peace at Antloch and released on giving bonds in the sum of $500 McAravy is foreman for Wright Bros., prominent property owners in Contra Costa County. Above their property is a dam on Taylor Slough which runs into Suisun Bay, and which was constructed twenty-five Years ago for the purpose of assisting in the reclamation of the lands In 18% Congress passed an act making it unlawful to bulld or to main. tain any dam in navigable waters. arrest of McAravy is for violation of this act. A few days ago certain unknown per- #ns blew up dam with dynamite, and when McAravy began to repair the dam- age his arrest followed. Property owners above the dam contend that Taylor Slough is navigable; that the dam is an obstruction to navigation, and that but for its presence they would be able to g0 to their property in boats. Owners of property situated below the dam contend that the remo all the work of reclamation that has been done for many years past, and that their property would be ruined. ————————— ENROLLED FOR PROGRESS. Fourteen More Business Firms Affili- ate With the Merchants’ As- sociation. The regular meeting of the board of directors of the Merchants' Association was held yesterday, Four applicants were made members. Progress was reported by the commit- tee having in charge the subject of re- pavement of business blocks, improved | street lighting and the disposal of garb- age. The committee upon the proposed new license ordinance regoned that its efforts were successful and that the mat- ter had been indefinitely postponed by the Board of Supervisors. It was decided that a letter of acknowledgment be duly for- warded to the Supervisors upon this sub- Ject. Provisions in the proposed new charter were considered and it was de- cided that a special committee should re- port to the board upon any matters upon Which the action of that body was deemed necessary. ————— Is Probably Insane. Ellen Payne was appointed guardian of | Robert and Katie Robertson, children of | Mrs. Jane Robertson, by Judge Slack yes- | terday. The mother of the children was summoned to appear in court when the | application of Mrs. Payne to be appointed | guardian of her children came up, but as she did not appear an attachment was is- sued for her by the court. She was put on the stand, but answered the questions rut to her in'an incoherent manner. This ed the Judge to the conclusion that she Was insane, and he ordered her confined in the Recelving Hospital until to-day Wwhen he will be examined by the insanity commissioners. The court then ?polnted Mrs. Payne guardian of the children. s 200y B O Will Be Tried To-Day. When the cases of Mrs. J. A. Clark of God’s Regular Army, charged with cruel- ty to Alice Loy, and Captain Engelberg, | charged with battery upon Bennie Loy, her brother, were called In Judge Con- lan’s court, yesterday, their attorney asked that the cases be transferred to Judge Campbell's court. The change was made, and Judge Campbell fixed the hear- ing for this morning. An effort was made to get the defendants released on their own recognizances. but it failed. Illegal Mining. United States Attorney Foote yesterday presented an information against Ah Louis, Ah Chung and Ah Shang, charg- ing them with conducting hydraulic min- ing in the Indiana Hill mine, Placer County, without having obtaln Te- quired legal permit. money s | The | al of the dam would undo | | not unlikely that the Grand Jury will " | bronchitis; price 10c. 417 Sansome st, | other stable keepers. There is one man in this city who has no desire to go to the Klondike. His name is C. H. Westphal. Mr. West- phal is a veterinary surgeon, doing | business at 121 and 123City Hallavenue. According to the bills which he pre- sents to the Board of Supervisors every month, and which are duly audited, he has a small Klondike in this city. | For some time past Westphal has en- {‘ joyed the friendship of the heads of the | Police Department, and as the result | he has materially added to his bank account. Not content with allowing him to draw over $400 a month from the city for “feeding and caring” for a few horses attached to the patrol | wagon of the Central station and the iRecelVing Hospital ambulance the Po- | lice Commissioners some time ago ap- | pointed him veterinary surgeon of the department. Westphal's bills for the month of January, according to the records of the Board of Supervisors, were as fol- | lows: Feeding and caring for_the horses at- | tached to the Receiving Hospital ambu- | lance, $111. Caring for the horses belonging to the mounted police, $152. Stabling and’ feeding the horses at- | tached to the Central Police Station | wagon, $200. | Balary as veterinary surgeon; $100. Total, $563. This does not include the frequent | sums Westphal receives for “caring for stray horses and dogs.” Whemw a run- away horse is caught by.the police it is at once turned over to Westphal. He cares for the animal until the owner appears, and he is then taxed at the rate of $1 per day. It matters not whether the horse has been in the sta- ble only five minutes, the owner is com- pelled to pay the usual rate. Just why Westphal should enjoy a | monopoly of the stabling and care of the horses attached to the Central sta- tion patrol wagon and the Receiving Hospital ambulance is a source of con- DR. C. H. WESTPHAL INCREASES HIS BANK ROLL AT THE CITY'S EXPENSE His Bills Aggregate $500 per Month for Stabling a Few Horses Belonging to the Central Station Wagon and the Hospital Ambulance. His Heavy Demands on the Treasury Likely to Result in an Investigation by the Grand Jury---Receives Pay for Taking Care of Captain Wittman's Charger. o N )} siderable worriment for the various They openly de- clare that he is a friend of Captain Wittman, and that he induced ex-Chief of Police Crowley to appoint him a member of the department. Frequently Wittman and Westphal can be seen driving through Golden Gate Park behind a spirited team. Whether the city is charged for their ‘“pleasant drives” the records of the Supervisors do not state. ‘Westphal also enjoys the privilege of purchasing horses for the department. Whenever a horse attached to the pa- trol wagons poes lame or is pro- nounced unfit to travel over the coble- stones of Market street, he is at once condemned and Westphal is instructed to “buy another.” After purchasing an animal he turns the bill over to the head of the department and it is mark- | ed “O. K.” ‘Westphal receives additlonal pay for taking care of the Chief's horse and also the one belonging to Captain Wittman. Just why Wittman should be allowed a horse at the city's expense is puzzling the other captains in the department. Captains Spillane and Dunleavy manage to cover their re- spective districts without the aid of horses, and Captain Gillen stables his charger at his own expense. Westphal's monthly ‘“draw down” from the city has caused considerable comment about the City Hall, and it is ® be asked to find out where he gets his “pull.” SUICIDE OF ESTHER WILSON | Young Woman Takes Her Life as the Result of a Quarrel. After Receiving a Scolding She Takes a' Dose of Carbolic Acia. As the result of a trivial quarrel Esther Wilson, a young woman 19 years of age, committed suicide yesterday morning at her home at 143 Erfe street. She had taken this desperate means as a last re- source to escape the scoldings which her sister, Mrs. Elizabeth Sully, found neces- sary occasionally to administer to her. Early yesterday afternoon, after a heated quarrel between the sisters, Mrs. Sully left the house and went to her home at 2314 Seventeenth street, and when she returned two hours later she discovered | the dead body of Esther lying prostrate in the doorway leading from the kitchen to the dining-room and a half-emptied | wine glass of carbolic acid on the kitchen | ‘4% notified her brother-in-law, J. W. Hooker, who did all in his power to re- suscitate the body by . administering an..uotes to counteract the effects of the poison, but without avail, as the girl had been dead fully two hours, and must have taken the poison soon aftér her sister left the house. The glass containing the poison was fully examined, and the fiuid -proved to be pure carbolic acid. Where the poison was procured by the unfortunate rl is a mystery, but it is presumed by er relatives that she bought it at a drugstore. P ftor Truitless attempts to_bring the girl pack to -ie the deputy Coroner was sent for, and who at the request of Hooker allowed the body to remalin in the house instead of conveylng it to the rgue. M & litted from the kitchen where it had fallen and placed at the suggestion of Deputy Coroner O’orien in the girl's for- mer bedroom, where it now lies. Police Officer Matthew Wilson, the girl's father, was sent for immediately after the discovery of the body, but did not arrive until late In the afternoon. He is completely prostrated over the death of his daughter. ————— Divorce Suits Filed. Pauline E. Townes has commenced suit against John F. Townes for divorce on the ground of desertion. Emma M. White has applied for a di- vorce from Daniel J. White on the ground s (0000000000000 000000000CO SN.WOODsCo 000000000000 000000000 ADVERTISEMENTS. [COO0] (0000000000000 00000000000] IS And with it we show the finest San Francisco. We have.just added one-half to the capacity of our lower floor by moving our workshop- upstairs. This was absolutely necessary on account of the arrival of an immense amount of New Goods that have been pouring in upon us. Among this fine line of clothing we have selected several hundred suits, very much superior to any ever offered heretofore in San Francisco for $10.00. Every one of them is just what you would want a Suit to be—Bright, new styles, perfect fitting and sll wool. In handsome shades of gray, checks, blues and browns. Kept in repair one year free of charge. We guarantee the clothes, and we guarantee to suit all who buy. Let us fit you out—it will cost vou $10—no mtire, no less, for any one of these fine new style suits, COLUMBIAN WOOLEN MILLS, 718-722 MARKET ST, S.F. Y OOOOOOOOOOOOOOOOOOOOOOOOOOO ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® O] ® ® O, ® ® ® of cruelty. . Laura é’ Brott has applied for a divorce from Frank Brott. She alleges failure to provide. —_———— Low's Horehound Cough’Syrup cures . 'SALE OF INDIAN BASKETS, The having a NOTARY PUBLIC. A. J. HENRY, NOTARY PUBLIC MARKET BT., OPP. P, = 638 A studio of Applied Arts, 704 Sutter st., is sale of fire-etched wood and leather, to moving to 324 Butter March 16.