The San Francisco Call. Newspaper, March 15, 1898, Page 11

THE SAN FRANCISCO CALL, TUESDAY, MARCH 15, 1898 11 ALAMEDA COUNTY NEWS. 1 { KILLED WHILE GOING HOME Inspector Faria’s Sense of Duty Led to Death. At the Hospital He Asked That He Might See His Family. Died in His Young Wife's Arms as He Was Sending a Farewell to His Children. turning to his ced a defective r it. He had hen an engine ap- proached. mped out of the way, but only to be struck by another eng and injured so frightfully that he died at noon. Farla is an inspector employed by the Southern Pacifi s fidelity led to| his death. He was not required to touch the switch that he saw was loose, but he was t0o o ntious to lgnore it. He has always shown marked attention to duty, and during the nine years he has been in the employ of the rallroad he has been promoted till he was track inspector. Five minutes after he saw the loose switch he should have been home, but he destined never to see his home again. He did not notice that there were s eral switch engine ying about the d he went on his knees to work. approached from behind, and it vy near before he observed n to the adjacent track >t aware that some freight cars unted upon it. Before he his wits he was knocked could col down and fatally in The injured man was t celving Hospital, b afforded aken to the Re- ut no relief ¢ x years ago he was the father of two little him. n. His wife was sent for efore the end, but he died wi his little ones. A scene such as occurred at the ho 1s not a frequent one. W 4 embrace and list take to the two li N0 RECEPTION, BUT A FUNERAL, Miss Flossie Schultz Dies on the Eve of Leaving for the East. Had Given Promise of Ability From Which Much Was Expected. She Oakland Office San Francisco Call, 98 Broadway, March 14. The death of Miss Flossie Schultz, who | was to have been tendered a swell recep- tion to-morrow night at tne home of Mr. and Mrs. F. M. Smith, has cut short the life of one of the most promising young actresses that California has knowm. | Miss Schultz is the daughter of Mrs. Martin Schultz, the well-known soprano of the First Congregational Church, and had only been sick a few days of a cold which developed fatally. Not until yes- terday morning was it known that Miss | Bchultz was {ll, and then the news was made known through the absence of Mrs. | Schultz from the choir. Mrs. Schultz had made all arrange- | ments to leave this week with her two daughters for the East, where Miss Flossie was to prepare for a professional career, as she had aiready shown marked | ability as an elocutionist | M. Smith had prepared for a | n to Mrs. Schultz and her daugh- | and had sent out 250 | | | | ——— FARMERS' HOTEL BURNED. Pleasanton at the Mercy of the Fiery Elements With No Pro- tection. OAKLAND, March 14—The Farmers' | Hotel of Pleasanton, a landmark there for | thirty-five years, was totally destroyed by fire at an early hour this morning. The | loss will aggregate fully $10,000, but was | well insured. | Two young men who had just returned from a Sunday evening Visit to their lady frierds in Livermore noticed the fire first) in the roof of the kitchen. They gave the alarm at once and aroused the occupants of the house. The town has no fire appa- | ratus, end the cftizens couiu only stand | by and see the house go up in smoke. A | silght breeze from the south blew the sparks across the creek. The bridge caught fire from the sparks, but was saved by buckets of water. —_—— DEMAND MONEY REFUNDED. Bunset Telephone and Telegraph Company Want Tax Money Refunded. OAKLAND, March 14—J. C. Willlam- | son, an assigree of the Sunset Telnphone| and Telegraph Company, has secured a writ of mandate againstCounty Treasurer | O. M. Sanford to secure the return of | 283.44 paid as taxes on personal property n addition to their assessment. The tax | was levied upon the rate fixed for the vear 1895-96 and collected under protest. Vhen the rate was fixed for the year 1896-97, for which the personal taxes had been collected, it made a reductiva of $287.79. The ralse of the State Board of Equalization made the difference now sued for, ¥ e ——— Randall Surrenders His Opposition. OAKLAND, March 14.—Mrs. Frances M. | Cragin was_appointed administratrix of the estate of Mrs. Mary Randall, to-day, | with bonds fixed at $18,000. Before this was done, howeyer, Charles . Randall of San Francisco flled a dismissal of his contest, a renunciation ¢f his rights under special letters of administration ‘and a resignation of his co-executorship under the will. This action stopped what prom- ised to be a sensational contest, and s | taken as evidence that a financial com- | promise has been made. Grand Jury To-Day. ! OAKLAND, March 14.—The Grand Jury will resume fts session at 1:30 o'clock to- | morrow afternoon. Among those who | will be present in the corridyr are Presi- dent Henry Plerce, of the Contra Costa Water Company, Counciimen Earl, Wat- kinson, Heltman, Henneberry and ‘Wood- ward. 'Con Brosnahan is not wanted yet, but may be later. Settlement of the Garcelon Estate. OAKLAND, March 14—The tccount of George W. Reed, as administrator of the estate of Catherine M. Garcelon was be- fore Judge Ogden for settlement to-day. Attorneys’ fees, amounting to $i0), was allowed for the Bowdoin Collegs litiga- tion, and $300 for the same in the de- 'ense of the Hamilton contest. Enfl Nus- aumer was allowed $500 for general at- orgey services, For the will contest of . P. Merritt, Reed and Nusbaumer were | running to cate has tho CUTTING OUT THE RAILROAD Realty Syndicate’s Plans Driving Merchants West. Changes Being Made All Aim to Keep People Off Eroadway. One by One All the Big Firms Are Going to Washington Street. Oakland Office San Francisco Call, 93 Broadway, March 14. The many changes in the arrangements | of the street car lines that are controlled by the Realty Syndicate are having a marked effect on realty values, and will, to a certain extent, guide the progress of this city for the next ten years or more. To-day, another announcement was made that the biggest and oldest furnishing house on Broadway will soon move to Washington street. The Southern Pacific roads on Broad- way are the only two lines that are not rolled by the syndicate, with the ex- of the Haywards road, and the | > is now engaged in diverting as | vel as possible from Broadway, s succeeding. Within a month ali com much t and it avel from Berkeley, Alameda, Fast West Oakland ' and Fruitvale centered on Washington street. | ingle branch of the syndicate | doing anything to help Broad- | ther do any of its lines transfer | 3roadway route. | onsequence of the gradual diversion | flic to Washington street, business ollowed, and within the past five 1y ‘all the big Broadway firms | west. When the Oakland Gas bought and built a fine block eenth and Clay streets, many yund who laughed at the venture, | referred to it as being out in_the | Now large blocks have been built great rapidity, and there | 10 doubt that the next move will be | have Washington street cut right through to San Pablo, o as to further divert travel from Broadway. The Southern Pacific lines can only run out Broadway to Berkeley and to Emery- ville, and’ cannot tran any line going east and west. . of course, a great advantage to the syndicate roads which transfer anywhere and every- where. It is again reported that before the opening of another racing season at Emeryville there will.be an electric road the track, and as the syndi- nds of acres of land under there s | of muskmelon from Turkestan, the pier at Emeryville, built four years ago by F. M. Smith, the borax man, will soon be put to some use. The Southern Pacific is also anxious to extend the San Pablo line to the race track, and when C. P. Huntington was here about a year ago he gave out the idea that soon one large power house will be used for local trains, and also for street car lines. Now that the syndi- cate’s opposition is so active it will likely be met by the carrying out of the schemes of the railroad that have been 50 often exploited ————————— The Unitarian Club. ALAMEDA, March 14.—The Unitarian Club will hold its regular bi-weekly meet- | ing on Wednesday evening of this week. The features of the meeting will be a pa- per on the sign language used by the deaf and dumb, which will be read by a mem- ber of the club and illustrated by Profes- sor d'Estrella of the Berkeley Asylum. A paper on the North American Indian will be read by Dr. W. A. H. Oronhyatekha, himself an Indian of the Mohawk nation. Husband Against Wife. ALAMEDA, March 14—Mrs. P. W. Fonda of 1313 Park avenue has been charged by her husband; who lives in East Oakland, with grand farceny for moving a quantity of furniture to the locality given in this city. Fonda is over 70 years of age and his wife about 40. The couple did not agree very well and a short time ago Mrs. Fonda left her hus- band and moved to this city. Each party accuses the other of misrepresentation with regard to property, and it is prob- able that a divorce suit will result and that the larceny charge will be dropped. Fonda has been married three times. Alameda News Notes. ALAMEDA, March 14.—The Recreation Club is preparing a musical programme to be given on Thursday evening, March 24 gt Armory Hall for the benefit of the Chief Krauth of the Fire Depart has left for o ten days' vacation Franic Millington is taking his place. Edward 9. Crosby ana Leonie B. Moral ‘1 ast evenin, L. V. P g by Rev. T. J. _Charles A. Park and Miss Violet Hill of 2107 Central avenue are to be married to- morrow evening at the residence of the . Captain Christian Thomsen, an old sea captain, died this morning of paresis at his residence, 3135 Santa Clara avenue. _Elvin Clover of Saugus, Los Angeles County, and Miss Carrle Palmer of this ;!ng\ z\;‘ell}o be nlx?rriml on Thursday even- ng at the residence of the bride - rents, 1520 Alameda avenue. Sty e Melons From Turkestan. BERK EY, March 14—The agricul- ural department of the university has st received seeds of nine new varieties The seed was obtained by Professor N. E. Hansen of the Untted States Department of Agriculture from the garden of the Emir of Bokhal The melons, which are of excellent flavor, grow on an oasis in the khanate of Khiva, and some of the vari- eties weigh as much as thirty pounds. The local department will with the seed at the Berkeley experiment station. ‘Will Bury Bourdon. LEY, March 14.—The freshmen sen the speakers for their spec- tacular Bourdon burial celebration next month. The leading participants will b Pontifex Maximus, C. D. Cobb; Lauda. R. S. Pierce and J. B. Southard; nator: Fisher and R. W. s, R. T, v: Mephistopheles, M. H. Schwartz; imprecator, J. W. Butler; ghost, Nat Gui- berson; herald, A. S. Willlams. agreement and physical standpoint. The outrage, Road Club’s rooms. be run into. blood-thirsty gathering. was ready for the mill. Then they were at it. him. struggle. prison. emergency. a palr of trousers. edge of the billiard table. allotted $1500 pod bed p= o pad b3 b= o bed b= £ o o fed e o bed bed fod o ped ks o o o o | o o o o o ped b & b= bod bed bod =3 =4 =3 bod b= o o o bed b= b= =4 Biff, bang, and the crimson liquid poured from the nasal append- ages of two young men who fought in the first place to wipe out a dis- in the second to see who was the better man from a The disagreement had arisen between Joe Kane, who earns a livelihood driving a delivery wagon for Levin Brothers, and Jimmy Riley, who drives a dray, because neither would give up the right-of-way on the road, and in consequence a cellision took place. as both declared the incident to be, was well turned over in their minds and in consequence the match was arranged and last evening it took place in the basement beneath the San Francisco At about 10 o'clock Jimmy Riley was on the scene and commenced to prepare for the fray. with the exception of one in the rear end of the basement were ex- tinguished and a billiard table which has seen better days was car- ried by Riley and his friends in & position so that the light would not Curtains were drawn and the place was patrolled by trusty co-conspirators to keep the police from swooping down on the Joe Kane arrived soon after his rival and he in a few moments Harry Fitzgerald, who at one time trained Lawler, was chosen as referee, Al Neal of the Manhattan Athletic Club and Tom O'Brien were the seconds, and the secretary of the road club acted as time-keeper. ‘The men who were about to fight for honor and the right of way then took off their shoes, trousers, coats and shirts and agreed not to hit in the clinches and to break clean. was, however, dispensed with on numerous occasions. A left swing, knockdown and the mill became interesting. Kane, although much tall- er and heavier than his opponent, had the worst of it in the first round as Riley “soaked” him in the nose and the flowing blood all but choked No water, towels or fans, or even what the Board of Supervisorsde- mand, five-ounce gloves, were on hand, so the fighters went at it bare- handed and wiped the blood from all portions of their craniums with their clothing, which had been strewn around the floor during the The fight became so vicious that the small gathering present took refuge behind the table and the way Fitzgerald holloed for the men to break away was enough to bring down every officer from the City Hall to the scene of battle as it was but two blocks from the The back door was unfastened at this point in case of an At the time for a one-minute rest according to all ethics of the prize ring the tired men were vigorously fanmed with a flannel shirt and They both came up fresh for the second go and the blood flew all over the room. After a few well-directed blows Kane landed a “beauty” on the point of Riley’s chin and he reposed on the He cried enough and the mill was ended. Upon examination it was discovered that Riley had received consider- able punishment and Kane was petting a swelled and reddened nose. 308 306 306 X3 X3 308 30 30% 308 30 308 308 30% 308 308 308 301308 30X 308 30¢ 30¢ 308 30¢ 308 30K 30K 30 XCE X0k ¥ X0 X 3¢ ¥ All the lights in the bullding The rule then a right, a clinch, a :3e3e3u3a3c3ogegogo3egedogedataegegegedogoagegagedBegesotadedadoadeagagasagodoagegagegeRatedased experiment | DEFENDS THE DIVORCE LAWS Ex-Judge Gibson Talks of the Causes of Separation. Lawyers Could Often Prevent a Divorece by Giving Advice. Jurist Tells Why He Is Much Happier Man Than Huntington. The a Oakland Office San Francisco Call, 908 Broadway, March 14. ‘Ex-Judge Gibson told some of his ex- periences in divorce matters before a crowd of young Deople at the Y. M. C. A. to-night. He defended the divorce laws of California, and said if they were car- ried out to the letter there would be little fault found with them. The speaker said: “The causes of dlvorce are not so much the fault of the law as of society. The same conditions that produce tramps, poverty and dissipation are responsible for divorces. The laws of California do not make divorce easy. There are only six causes for divorce recognized by law, and in the case of cruelty or habitual in- temperance these conditions must have prevailed for not less than one year. A woman ought not to be compelled to re- main the wife of a drunkard or a cruel husband. Our laws, if properly construed, can scarcely be said to work an injury to soclety, but in many cases it has been a great boon to poor suffering victims of improper marriages. “Rarely does it happen that divorce is wanted in a home where there are chil- dren. It is in childless unions, where selfishness and not love reigns, that hu: bands and wives go to the courts. people want too much. A little home, & few pictures and books and flowers, a happy family and the means to have r sonable amusement—these are all a man can have, and are, in fact, all that the world can give. “I am a great deal happler than C. P. Huntington. He wants too much, and s | overcome witn care taking care of it after he gets it. He can only use as much of this world's goods as I can, and 1 do not envy him. 1 have been married many years, and I have three daughters and a home, and I find my enjoyment there. There is no fear of divorce in such a home as that. While I was on the bench | I was convinced that one-half of the di- | vorces could have been avoided had law- vers given other advice and sought to heal breaches rather than widen them. As an attorney, I always try to keep hus- band and wife together rather than to separate them. To a certaln extent hus- band and wife are blind, and when they lay their troubles before an attorney, quite often a solution of the difficulty can be found without a resort to the courts. woman's love so if his affection be reciprocated. One thing is certaln, if the principles advocated by the Purity Club be followed out, law- vers will not fatten on divorce fees.” BOSTONIANS WELCOMED. Oakland Society Turns Out En Masse to Hear “‘Robin Hood.” OAXLAND, .iarch 11.—Oakland’s Blue- book materialized was at the Macdonough Theater to-night. The sturs of third-rate companies that cannot flll the playhouse that this city is not appreclative were wiped out most effectively, for society did as it has often done in the past—it turned out en masse to hear and see the Bostonians. Not since De Wolf Hopper was here has such a social display been made at _the Macdonough and the event proved that Oakland can be moved with something really good. on “Robin Hood,” and this was enough even without Henry Barnabee and Alice Neilson, to insure its being warmly re- celved here. For once, a great audience in Oakland was enthused. No matter how great its appreciation, a Macdonough au- dience rarely condescends to show it, but to-night was an exception. Sometimes encores were thrice repeated, and the company was as anxious to repeat as the audience to listen. Evidently the fact that the company ordered a keg of beer put aboard the train when it left last time and forgot to pay for it has not hurt its reputation, nor is Barnabee, who was Wettsteln, any less popular on that ac- count. The company plays two more nights, with a matinee Wednesday. s Stole the Collection. OAKLAND, March 14—Thieves broke into the Thirty-fourth Street M. E. Church some time after services last evening and .;gale the collection, which amounted to | the evening collection locked in the desk of the superintendent of the Sunday school. Some one must have known this, for after effecting an entrance this desk was broken open and the money re- moved. ———— Berkeley News Notes. BERKELEY, March 14.—The Alameda Water Company has begun the work of putting water meters into the houses of Berkeley consumers. The law does not require them to be put in before July 1, but the company wants to save as much as possible the scant water supply that Berkeley has in prospect for the coming season. The senior_class at the university will meet next Friday morning to constder their class day programme and finances. Professor M. L. Margolis will deliver a lecture at the university on Wednesday afternoon, at 2:50 o'clock, on *“The Minor ' Prophets.” L The Berkeley High School athletes are fubllant over the reinstatement as an amateur of Henry Spencer, who was sus- pended for alleged professionalism by the Pacific Athletic Association several months ago. Bpencer is regarded as one of the best all-round athletes in the Academic League. Phil Overman won the flve-mile road race held last Saturday under the aus- pices of the Peralta Cycling Club. Walter Deakin took second place. —_—— PATRIOTI. NIGHT. West Point and the Loyal Legion. One Country, One Flag and Two Dinners. There ought to be patriotic oratory of the inspiring kind to-morrow evening at the Occidental Hotel and the Maison Riche. The Companions of the Muitary Order of the Lo);ll Lefihm will feast and talk at the hotel on Montgomery street, while the graduates of the West Point Military Academy will eat, drink and talk at the restaurant on Grant avenue. The Loyal Legion banquet begins at 9 o’clock. The eagle will scream two hours earljer at the aison Riche, and how much later no one knows, Held for Burglary. Joseph King was yesterday held to answer before the Superior Court by Judge Conlan on a charge of burglary in bonds. On February 18 King broke into the residence of Edward Deakin, 8100 Telegraph avenue, Berkeley, and stole a L“" quantity of valuable articles which e disposed of in this city. Gaubatz in a Bad Fix. Charles Gaubatz, & porter, was arrested yesterday on the complaint of Private De- tective Stilwell, charging him with being unfaithful to his marriage vows. It is said that he has been neglecting his wife for at least two other women. He re- fused to discuss the wmatter, and sald it was a cass of spite. Many | “If a man is true enough to win a pure | 1s a rule he will remain | | duty in the bill of complaint, these ques- To some extent, San Francisco frowned | credited with getting ahead of Colonel | 1t is the habit of the officers to leave | [S DISMISSED Judge Cook Decides That He Has No Jurisdic- tion to Try It. The Grand Jury Must First Find an Indict- ment. The Disappearance of Stanton Leaves the Case of the Prosecution Very Weak. In the semi-darkness of Judge Cook's courtroom the trial of Dr. Ragan, charged | with selling positions in the School De- | partment, was called last evening, but, | aftef a brief hearing, the case was dis- | missed. | The proceedings opened with a motion | by H. 8. Aldrich, attorney for the prose- cution, for a continuance of the case. Mr. Aldrich stated as his reasons that at the last moment Attorney Deuprey had with- drawn and it was impossible to find Stan- ton, who was the chief witness. Judge Cook ruled that while there had already been ample time to prepare the case, he doubted if he had jurisdiction to try it without an indictment by the Grand Jury. Attorney Foote, for the defense, stated that they were wi.ng to waive any tecnnicalitles that might arise from a lack of jurisdiction, and urged that the case pe heard. E. S. Kilpatrick was then called as the | first “witness for the prosecution, but | he and his attorney managed to make an | aimost hopeless muddie of the case in less | than ten minutes. He first testified as to the number of years he had known Ra- | gan, his business relations with him and | the ‘number of teachers employed in the | Lincoln Evening School; that on January | 1, 1897, there were fourteen classes and | twenty-cight teachers in the school and that teachers had been $ent to him by Ragan. “Were there any more teachers than necessary?” asked Mr. Aldrich. This question was objected to by Mr. Foote, on the grounds that the court had no means of knowing whether the witness was competent to state how many teach- ers were necessary. “Do you know if Ragan ever demanded money for the appointment of teachers?” The court permitted this question, pre vided the witness would answer it direct- ly. Mr. Kilpatrick seemed unwilling to implicate himself, and declined to give a straight answer.” He beat around the bush for a while, and finally his answers were ordered stricken out as irrelevant and not to the point. The next questl of “Do you know if positions were sold?" met the same fate as its predecessor, and was also stricken out. The prosecution then started on a new tack, but met disaster at the outset. They sought to prove that Ragan had either knowingly caused an unnecessary num- ber of teachers to be appointed, or had neglected his duty in not informing him- self as to what teachers were necessary As there was no allegation of neglect of tions were not allowed, and Judge Cook announced his intentlon of dismissing the case, as he had no jurisdiction to try it. While his Honor 'was making himself solid on points of law and jurisdiction, Aldrich was unmercifully taunted by the attorneys for the defense for the weak- ness of his case and was advised when he found himself in such a predicament again to withdraw decently, as his col- league Mr. Deuprey had done. He took it all good-naturedly, however, and re- plied . that he *was’ not a quitter, but | would stay with it as long as there was anything to stay with.” As soon as this ordeal was over, the prosecution had another to stand. Attor- | ney Boyer objected to the quiet dismissal | of ‘the case, and argued that the prosecu- | tion be compelled to substantiate some of the accusations they had publicly made against his client and that they also be | cited for contempt of court. “These gentlemen,” he sald, “are cer- tainly in contempt and have trified with this court, as they knew they had no case to present. As late as half-past 2 to-day | they were out searching for evidence. | Mrs. Clara Stark, vice-principal of the Hearst Grammar School, is in ceurt will- ing to swear that she was visited by | Messrs. Atherton and Kilpatrick late this | afterncon. They had with them an affi- | davit to the effect that Ragan had tried to extort money for a_ promotion from her, and a subpena which they would serve on her as soon as she would sign the affidavit. She refused to sign, but requested that the subpena be served on her. As soon as they found she would not sign the affidavit they refused to serve the subpena and withdrew.” Judge Cook declined to-take this advice, however, and advised the prosecution if they stillsthought they had a case against Ragan to bring it before the Grand Jury. MRS, SCHULLER IS STILL ALIVE After Her Wounds Had Been Dressed Yesterday She Went to Sleep. According te Her Statement His Relatives Have Been Telling Lies About Her. Mrs. Eugenla Schuller, who was shot three times by her husband in his office last Sunday. was resting easy in the Har- bor Receiving Hospital last night. She suffered considerably during the morning, Dbut after her wounds had been dressed by Dr. Zabala she feit much better and went to sleep. Last night Dr. Deas said she had a bare fighting chance for her life. but that nothing definite would be known for some time. During the day Mrs. Schuller received a reat many visitors and spoke her mind frecly | with anybody and everybody. ““There are many dark secrets that I can unfold,” said she. “I wish to correct the statements made by Mrs. Charles C. Maxon. She hates me and has not told the truth about me. My husband married me for n‘y money, but I forgive him. I forgive all his family who have so cruel- 1y treated me. His daughter, Mrs. Maxon, th1d the reporters that I was acquitted of the charge of arson because it was shown that my mind was affected. That was a lie. I was acquitted because I was inno- cent. “Mrs. Maxon, the daughter of Mr. Schuller, has ili-treated me when she should be grateful for one of the kindest things It is possible for one woman to ao unto another. Her husband, while still legally united to another, had married Miss Schuller in this city. The former Mrs. Maxon of Bay City, Mich., had come clear across the continent to gain ven- eance upon her husband and to put the rand of shame upon the child of the sec- ond wife. It was due to my efforts, my pleadings, that the second Mrs. Maxon agreed to a divorce upon the payment of $1000 that the second marriage could be made legal. Yet now they seek to vilify Me. I have been robbed of my all and now I must die In poverty. Itseemsalmost beyond the power mumsn endurance, yet I must bear it, d truly I forgive them.” ————————— A Lecture on a Rainstorm. A lecture on “The Story of a Rain- storm” will be given at the Young Men's Christian Assoclation Auditorium, Mason and Ellis streets, by W. . Hammon, United States forecast official, next Thursday evening at 8 o'clock. The lec- ture will be illustrated by stereopticon views. RS Ost Ayetion Sales FURNITURE 18 ROONS. THIS DAY, TUESDAY, AT Il A. M. AT 425 O’FARRELL ST., NR. JONES. FRANK W. BUT" FIELD. 602 Market, COLNON GRILLED [N OPEN COURT Attorney Matt Sullivan Speaks Plainly of His Business Methods. Mr. Stratton Comes in for a Share of the Attorney’s Cutting Remarks. The Harbor Commissioners Accused of Favoritism in No Un- certain Terms. In his argument before Judge Be'cher yesterday Attorney Matt Sullivan vented his opinion on Harbor Commis- sloner Colnon and his associates for their dishonest methods in conducting business on the water front. While on this subject, Mr. Stratton, the board’s legal :adviser in the present proceed- ing, received some of the attorney’s at- tention. Mr. Sullivan told the court that Stratton had acted in a dual capa- city when he advised the board to re- ject the Paraffine Paint Company’s bid and advertise for new ones, as he was acting as attorney for Messrs. Slade & | Dundon, who were interested in the San Francisco Timber Preserving Com- pany, a corporation which was bidding against the Parafline Paint.Company. Legal arguments as a rule become | tiresome, owing to their technical scope, | but througout the day - Mr. Sullivan held the attention of the court and vis- itors by his clear statement of the man- ner in which his clients had been treated. At the outset Mr. Sullivan told the court that Mr. Stratton was attorney for Dundon and also for Slade, and that these two constituted the firm of the| San Francisco Timber Preserving Com- | pany; that Slade himself was the sole member of the S. E. Slade Lumber Company and Dundon was a member of the firm of Darby Laydon & Co. “Within a period of about a year,” said Mr. Sullivan, “the S. E. Slade Lumber Company, Darby Laydon & Co. and the San Francisco Timber Preserv- ing Company have drawn from the treasury a large amount of money, amounting to something like $130,000 or $140,000. When the awarding of these contracts came up the Paraffine Paint Company was the lowest bidder, offer- ing to do the work under all the pro- cesses for less than it had ever been donme before. The board, instead of con- sulting its regtlar attorney, Tirey L., Ford, who was admittedly well quali- fied to attend to the matter, called upon Mr. Stratton, who was the attorney of Dundon and Slade who were bidders.” At this point Mr. Sullivan called the court’s attention to the testimony of Tirey L. Ford, who, although regu- larly appointed and a paid attorney of the board, refused to represent it inthe matter, as he had already refused to defend the board in the suit brought by the Healy, Tibbets Company, in which the board was charged with favoritism in dealing with the Timber Preserving Company. He then brought out the point that the Board of State Harbor Commissioners had no author- ity to employ .special counsel. Sec- tions of the code and decisions of the Supreme Court were read, showing that the board had no right whatever to employ special counsel. “The law expressly provides that the regular se- lected attorney shall attend to all the legal business of the board, and that| when necessary it may call upon the Attorney-General whomust gratuitous- ly render all services which the board requires; that the employment of Mr. Stratton was illegal, and that the large amounts paid to him by reason of his special employment have been illegally paid, and that the board and their surieties on their official bonds are liable to be mulcted in damages;sthat their only reason for employing Mr. Stratton was because he was or had been the attorney of 8. E. Slade and Dundon, who constituted the San Francisco Lumber Company. “The law provides,” said Mr. Sulli- van, “that the contract in a matter of this kind should be awarded to the lowest bidder, unless in the opinion of the board the bids are too high they must be rejected. The board rejected the bids not because they were too high, but because Mr. Stratton had advised them to do so.” Mr. Sullivan then went on and quoted authorities to show the absurdity of Mr. Stratton’s advice when he directed the board to throw the bids out because they were not opened on the day as ad- vertised. He devoted the rest of the afternoon to picking out portions of Mr. Strat- ton’s and Colnon’s testimony showing that a condition of fraud, corruption and favoritism pervaded the adminis- tration of affafrs on the water front un- der the present regime, charging par- ticularly that Mr. Colnon was the head and front of all the fraud and corrupt practices now prevalent and that no cautious or prudent business man or corporatien would under any circum- stances ever pyt in a bid to do public work on the water front as long as | the present practices are carried on. He particularly charged Mr. Stratton with being responsible in a great meas- ure for the prevailing evils on account of the peculiar dual capacity which he occupled as adviser of the board, un- lawfully selected by them and paid by them as special counsel in direct viola- tion of the statutes of the State, and at the same time representing private in- terests that have admittedly been in- strumental in fliching from the State treasury a vast amount of money with- out competing for business as the law required and through favoritism ex- tended by Mr. Colnon to his clients. Mr. Sullivan will conclude his argu- ment this morning when Mr. Stratton will reply. CRIMINALS WITH PRIORS. Judges May Take Cognizance Thereof in Passing Sentence. The Supreme Court handed down a de- ciston yesterday that will be of great in- terest to those who have been convicted of violations of the law. The case in question was that of one Patrick Kelly, who was cenvicted of burglary in the sec- ond degree, for which offense. the maxi- mum sentence is five years in the State Prison. In this instance the judge sen- tenced Kelly to the full extent of the law, and then added five years more to the The fac-simile signature of is on every wrapper of CASTORIA. AT AUCTION Wednesday, March 16, 1898, At 12 O'Clock M., at 609 Battery St., Nr. Jackson, HORSES, WAGONS, COAL CARTS, FIXTURES, Etc. Formerly used in wholesale coal business. To Be Sold Without Reserve. Owner Retiring From Business. ELDRIDGE & C sentence, the second based on the ground that Kelly had a prior conviction against him in the crim- installment being inal records of the State. An appeal was taken on the ground that the fact of the prior conviction was not properly pre- sented to the court; also that the clerk's records do no show that the last half of the sentence was on account of the prior conviction. The higher court holds that the judge in passing sentence may take cognizance of the prior conviction although the fact of its existence may not be formally in- troduced in the case under consideration. And further, that while the clerk’'s rec- ords should be more explicit in the re- cording of a sentence, still, in the present matter, the omission was not of so much importance as to make the sentence void. — e Alaska Duties. The Treasury Department has. notified | Collector Jackson that articles earried by passengers free of duty to the gold re- glons of Alaska and the Northwest Ter- ritory cover all wearing apparel and other personal effects and necessary out- fit, such as tents, blankets, cooking uten- sils, ete., carried by passengers for im- mediate use. o Dr. Gibbon’s Dispensary, 625 KEARNY ST. Established in 1854 for the treatment of Private Diseases, Lost Manhood. Debility or disease wearing on bodyand mind and Skin Diseases. The doctor cureswhen 'ry him. Charges low. naranteed. Callorwrite, Rex 1957, San Francisco. othersfall ure; (BRON, OCEAN TRAVEL. The S. S. MOANA sails via Honolulu and Auckland for Sydney Wednesday, March 23, at 2 p. . 8 @npa Wednesday, 2p. m. Special party rates. Line to COOLGARDIE, Australia, and CAPE TOWN, South Africa. J. D,'SPRECKELS & BROS. CO., Agents, 114 Montgomery street. Frelgth Office—327 Market st., San Franclsco. THE NEW PASSENGER AND FREIGHT STEAMER “ DIRIGO ” Will sail about Marth 21 for DYEA AND SKAGUAY DIRECT. For passage and freight apply ALASKA-YUKON TRANSPORTATION (0., 38 Steuart Street, San Francisco. Pacific Coast Steamship Co. Steamers leave Broadway wharf, San Francisco: For 'Alaskan ports, 10 a. m.. March 2, 7, 12, 17, 22, 21, April 1. Transtérred at Seattle. For Alaskan ports (from Spear street wharf), 10 a March 2, 6, 10, 14, 18, 22, Transferred at Portland, Or. For Victoria, Vancouver (B. C.), Port Town- cend, Seattle, Tacoma, Everett, Anacortes and New Whatcom (Wash.), 10 a. m., March 3, 7, BNr 25 97, and every fifth day thereafter, connecting at Seattle With company’'s steam- ors for Alaska and G. N. Ry.. at Tacoma with N. P. Ry. at Vancouver with C. P. Ry. For (Humboldt 0 a m, March 3, 9, 15 21 21, and every sixth day eafter. e Cinta Cruz, Monterey, San Simeon, Cayucos, Port Harford (San Luis Obispo), Gaviota, Santa Barbara, Ventura, Huspeme, o) Padro, East San Pedro (Los Angeles) and Newport, § a. m., March 2. 6, 10. 14, 13, 22, 20, and évery fourth day thereafter. ‘For San Diego, stopping only at Port Mar- ford (San Luls Obispo), Santa Barbara, Port 1% Angeles and Redondo_(Los Angeles), 11 o m, March 4, 8, 12, 16, 20, 24, 28, and every fourth day thereafter. For Pnsenada, Magdalena Bay. San Jose del Cabo, Mazatlan, Altata, La Paz, Santa Rosa- lia and Guaymas (Mex), 10 a. 'm.. A5ril's, and 2d of each month thereafter. ‘e company reserves the right to change thout previous notice steamers, sailing dates il S IOKET OFFICE-Palace Hotel, 4 New m., Or. %, Montgomery street. , PERKINS & CO., Gen. Agts., GOODALL, B et strest, Ean Francisso. THE 0. R. & N. 0. DISPATCH FAST STEAMERS TO PORTLAND From Spear-street Whart at 10 a. m. ARB £12 First Class Including Berth F &8 Sccond Class and Meals. SCHEDULE OF SAILINGS: State of California. Columbta.. Mar. 2, 10. 18, 28 22, 38 Through Tickets and Through Baggage to ail ‘Bastern Points. Rates and Folders Upon Ap~ tion te s ° E. C. WARD, General Agent, 630 Market st LL, PERKINS & CO., o Superintendents. Compagnie Generale Transatlantique. French Line tozflnvre.h ompany’s Pler (new) 42 Nortl Bfi'er.pfflo! of Morton st. Travelers by this line avold both transit by English raflway and the discomfort of crossing the channel In a small boat. New York to Alexandria, Egypt, via Parls, first class $160; second class $116. NORMANDIE March 19, 10 a. m. I AP ACNE March 26 10 a. m. N’ E April 2, 10 a. m. April 9,10 a. m. LA NORMANDIE. oo oieioeress April 18 articulars app! Foe petiegn A. FORGET, Agent, No. 3, Bowling Green. New York. J. F. FUGAZI & CO., Agents, 5 Montgomery ave., San Francisco. N DIRECT TO PARIS, LONDON. HAMBURG. Vormannia ..March 2{[Columbia . May 12 O ietoria. o April 7| Normannia ... May 13 F. Bismarck....April 28/A. Victoria May 28 First Cabin §75 up. 24 Cabin $5 up. Steerage $30 TWIN-SCREW PASSENGER SERVICE, NEW YORK-HAMBURG DIRECT. Pennsylvania.March 28| Patria .. April 23 Palatia April 9 Phoenicla Pretoria pril_16! Pennsylvania. First cabin, $50 up: 24 cabin, $40; steerage, $26. Hamburg-American Line, 37 Brosa¥ay, N. HERZOG & CO., General Agents Pacific Coast, 401 California st., cor. Sansome, San Francisco. STOCKTON STEAMERS Leave Pier No. 3, Washington St.. at § . Daily: FREIGHT RECEIVED Ly TO 5:30 P. M. Accommodations reserved by telephone. The only line seiling through tickets and giv- ing through rr;lgh( rates to all points on the Valley Railroad. e STEAMERS: T. C. WALKER, CITY OF STOCKTON. MARY GARRATT, J. D. PETERS, Telephone Main £05. Ci Nav. and Impt. Co. FOR U. S. NAVY-YARD AND VALLEJO. Steamer * Montlcello” Mon., Tues., v ca., Thurs. ang sal o 9:45 a. m. m. ($:30 p. m. ex. Thurs.) Fridays . p. m. and 830 p. m. Sundays . 10:30 a. m. and 8§ p. m. Landing and Offices—Mission Dock, Pler 2. Telejhone, Red 2241. For San Jose, Los Gatos & Santa Cruz Steamer Alviso leaves Pier 1 daily (Sundays excepted) at 10 a. m.; Alviso daily (Saturdays excepted) at 5 p. m. ' Frelght and Passengers. Fare between San Francisco and Alviso, 50c: to San Jose, Tic. Clay street, Pler 1 41 North First street’ San Jose.