The San Francisco Call. Newspaper, April 24, 1898, Page 17

16 THE SAN FRANCISCO CALL, SUNDAY, APRIL 24, 1898. WATER-FRONT PIRACY GETS HARD BLOWS Judge Belcher Excoriates the Har- bor Commissioners in the Irving Case. The Plaintiff Wins, While the Defendants Are Directly Charged With Favorit= ism and Gross Disregard of LLaw. BRRELRREERRREAERER AR N R REXRERR RN R R R RRX The Harbor Commissioners have received their first official blow. The decision of Judge Belcher rendered yesterday declares that they have conducted their department without regard to law; that they have rejected bids for no other reason than to give con- tracts to their pets; that they had no right to employ the “special counsel,” under whose advice they claimed to be acting, and that the advice they received was not sound. It accuses them directly of bad faith and gross favoritism. In the action brought by Samuel C. Irv- ing against the Harbor Commissioners the latter are kno-ked out at every point, there never having been a more complete victory than that achieved by Irving. The attention of the Grand Jury will doubtless be drawn anew to the fact that it has been weighing the deeds and character of the commission. * * * * * * * * * * * * * * * * R KRR R FRRRRERREFREFRERRRER XK KX R R R R F N A. Belcher of the Superior | {leges, easements and appurtenances con- | x , | nected therewith, commonly known and rendered a decision in the | BeC as the “water front'" The | wel C. Irving agai the f the board is wholly derivable | S Combnes e decision water front, to-wit, from dock- Harbonssom ki) 23 Irving and | 8¢, Wharfage, tolls,'rents and cranage, | s 80 c te a triumph for Irving and not from’ general taxes. Such in. | for the public, that it is jrinted in|come amounts to the sum of $50,000 or | full ludes, as merely incidental, | $60,000 each month, that is to s the e ‘ome of the board is between $600,000 | arraig ATt and $700,000 per annum. This vast sum particularly of the presi- |is wholly expended in each year. Inon. The methods by What Might Be. mmissioners have sought | < G 3 e dlaramard of law to favor | _Froperly husbanded it probably is ade- :ts is detailed with no mincing a lucid and logical is the | by counsel in argument, that is to say, jsion that it will be of inter- | 5 S e ry citizen. The sion fol- = = et 3 water front improvements In permanent n- | juate to bring about a result suggested entire est t dec! to provide ‘for the construction dec form, etc., of the City and County =0 that the Legislature, within State of California. De- " 5 a comparatively short term o 1 might declare Sa IRVING, Plaintiff, n Francis | port” like Liverpool. HARBOR COM- ‘ leg! efendant, =2 e == — 4 | dimly expressed. The language (Sec, 2324, PAINT CO., Plaintir, | Political Code), gives the Mayor of San g . * | Irancisco and 'the commissioners power | [ to moa ates of dockage and whart- | | age until such and such a revenue shall lative Intendment, tho HARBOR COM- endant. be produced, and then provides that | “when such modification has been made, | TT L BULLI- | ine collection of tolls must be abolished | and the toll collectors dis great powers of prophe | forecast the effect of s | upon the industries of harged.” No | are required to | h a declaration | alifornia and the | Spectal AT commerce of San_Francisco. Seooye enfitled | “'On the 16th of November, detendant | Francisco Board of State ssioners determined that it was neces- | sary to have S17 plles treated for repairs of Green-street wharf; and further deter- mined that it was necessary to have a supply of piles treated for use on the water front in other work during the then e 1g year, and specifications were | prepared ingly and published in- viting competitive bidding, all required by law. Seve bids came in, pursuant to the notice, and on the 2ith of the same | month the board met to consjder them, but having been restrained by an order of court from opening the bids, the board, n- | by mesne re , continued the matter in | until the 14th day of December, when the third set of om award- and from ting piles than the e lowest bid second rain the g the damus t to award the o the piles to be used to n street wharf, injunction was removed and 'the bids | for_ treating opened. ‘ rec )} he de 1, iy athera The Lowest Bid. | r The bids were in form and were ac-| companied by certified checks, as re- | quired by law. The bid of the Paraffine | Consideration Given. two month The Full Nearly the trial. Paint Company was the lowest bid upon were consumed In - e tried togethe ated that the all of the methods named, and it was not alone that, but it was the lowest price | apply in the : id they were | for which the work could be done. As | presented k m"\"ré“;'r‘;‘-’;l‘l to that there was no :-nnmm]in the m'dl-‘, nd consc X ent | dence. The board discussed the bids alone cor ys. 1 re-| without acting ur and took a Eret that the t o0sal from | recess in the day follow- ther pressi 3 ing. Upon th 3 e e further discussed the b [ the questions Involved and the fine e i cunl s | ey £ ; the matter until the fo OBt e 1ith. On that day Mr. Stratton, the spe- | o clal counsel, who had been requested to all of the moneys expended b are pub- | 2dvise the board with respect to the fic moneys, and as the public have an in. | bids, sent in a written opinion wherein | terest and a right to be Interested in all | he advised the board that it had lost that the board does. I have thought it my | jurisdiction by not opening the bids on @uty, even though briefly, to express my | the day named in the advertised notice. opinfon In writing. He further advised that the specifications The Francisco Board of State Har- | be changed. Afterward, on the same day, bor nmissioners {s a_ subordinate | the board rejected all of the bids. With municipal body for public purposes. | respect to that action the Comm Under its possession and control are c s were re tain portions of the bay o an Fra ghts, pri eisco, with theimprovements, ri, e of the advice of the special coun- action of the board practically ng that of two of the Commissioners, the third, whose term was about to ex- pire and who was in the political minor- | ity, concurring as matter of form in the action of his assoclates. As to Special Counsel. The action of the board in employing special counsel and in rejecting the bids, and the action of the speclal counsel were | both dwelt upon at length in evidence and in argument. First, it was said by coun- sel for plaintiff that the board had no | authority to employ special counsel at the public expense. With respect to that matter section 2521 of the Political Code provides that the board shall apnoint an attorney who shall hold his office for the term of four years, and section 2352 pro- | | vides that he shall recelve from the State | a salary of $200 per month (32400 per an- num). Section 253 further provides that “the Attorney General o e State must | CURED BY ive such lega. advice and render such egal services as may from time to time | be required of him by the Commissioners | in connection with their duties without ' “ E i URA further compensation.” These provisions | of the general law indicate a clear legis- lative intention to give the Commission- ers a capable attorney of their own cholce at an adequate salary (it being re- membered that the service is not excl & give), and to further give them the bene. About eight yearsago I gotsorehands. It | fit of the Attorney General's advice when commenced with a burning sensation y | required. I think the maxim, expressio | fingers. When I rubbed them you could see little white pimples on the skin, and I felt | like twisting my fingers out of their sockets. I had high fever and cold chills, and nights T had to walk the floor until I fell asleep. I | unius est exclusio alterius, is arnlicable. The provisions that the board shall have ot the COTICURA RESOLVENT and CUTIOURA EoAp. The nails hardened up and peeled off, its own attorney (and at all of the times and I don’t belleve there is one of the first | mentioned the board has had a very ca- | pable attorney—Mr. Tirey L. Ford), and | nails Jeft on my hands which are now cured. CASPER DIETSCHLER, the requirement that the Attorney Gen- | eral shall give advice when required, | Feb.22,'8. Pembroke, Genesee Co.,N. Y. ADVERTISEMENTS. HANDS which it is provided shall be *“without | further compensation.’” satisfactorily in- | | dicate a legislative intention to limit the public expenditure for legal services in hat behalf to the sum of $2400 per an- num. It follows that the Commissioners have no right to employ special counsel. Two dollars’ worth of CUTICURA REMEDIES | Mr. Stratton’s Affiliations. cured me of Salt Rheum of twenty ycars® stand- Conotrning My, Btrattons. A pnectibi ing. My hands and fingers brokeoutinred, | with the board and certain parties who | watery blisters with terrible itching, then a | were dealing with the board, 1 feel bound | scab would form, which would peel off and t&:}:\u‘ ‘lhallf {wmnsn(m ‘ftnllow léte vlalinl"\:s | . | e sel. T. ratton made a mistake come in great cracks, tho blood running out. | COUBREE 1S ME. Siration made 4 mistake | My nalls grew out wrinkled likeacow's horns, | joog 1o he board and certain Other par- | but now they are growing nice and smooth. tles I think the mistake was an honest | 8. R. MILLER, Robertadale, Pa. | mistake. As to the advice given by him to the board on the day the bids were re- | jected, while 1 do not agree that it was | sound. T entertain no doubt that it was | sincerely given. I do not think it neces- sa‘ry (‘o say anything further upon the subject. The good falth of the members of the | board In rejecting the bids is quite a | different matter. 1 was obliged to keep the first three fingers of my little boy's hand done up all the time, as it was a raw sore, beginning to cxtend down toward the palm. We consulted three different physicians, each a certain length of time. A gentleman recommended CUTICURA Rexepies. I purchased CUTICURA SOAP, CuTICURA (0intment)and CUTICURA RESOL- VENT, put aside what I had been using, and began with them. Well! they cured that hand. Mrs. DIAMOND, Jan.20,'98. 161 Bronson Ave., Rochester, N. Y. Bold throughout ioa. Tn referring to the members of _the board, I feel that in justice to all it shovld be said that both evidence and argument was aimed particularly at the president, or as he was sometimes called, the executive member of the board. At tha tima tha acts complained of were the world. Porrxn DRug axp Cwex. How to Have Bosuiitul Hends,” frva | rejected because “too high. | second bid: ! into the open market and committed, the term of one of the mem- ters of the board was about to expire he was in the political minority as well, and for both reasons he contented himself with concurring in the action of the others. The third member took his seat in 1897, after the course of dealing criticized in these cases was instituted, and while he has devoted much time and attention to the business of the board he seems to have deferred In the matters under consideration to the maturer ex- perfence of the executive member and to what he supposed were established méth- ods. The Commissicners’ Favorites The Commissioners had been advised by thelr special counsel not to open the n .them unopened, opinion they had no au thorlty to open them. They disregarded the advice and opened the bids. The Commissioners had three favorites inpar- ticular, and the evidence makes it y inferable that they were of opinfon that ids at all, but to r as in counse u- no one would be able to underbid one of these favorites In the matter of treat- e method. At the the favorite was not the lowest bldder. That fact furnished a reason for the re- jection of all the blds. The Commission- d rejected bids before. In the Healey case they rejected the blds upon the ground that they were “too high having thus got ri and advertised again, and ‘objectionable bid- to adopt the phrase of counsel, awarded the contract to L -rby Laydon, dert one of the pets of the board at the same he bids previously At the pre vious bidding Darby Laydon was not sum he had offered | the lowest bidder. One explanation of the | Darby Laydon award was that if the had been rejected the Com- missioners would have been obliged to gc price not less than 10 per lowest bid. But the statute will not bear any such interpretation, and the Commis sione ver been advised that L would. If the board found that bids were Shf board held to be without jurisdiction and capricious and in bad faith—was a after the day named In the notice, then the State would indeed become & prey to tHe pirates of the water front; for nothing would be easler than for some one in the conspiracy to enjoin the board at any time and thus oust it of jurisdic- tion, ‘and so on ad infinitum till honest bldaers were driven off and the con- spiracy conummated. To so construe the statute would be to rob it of its force. There is no more reason for hold- | ing that the board had lost jurisdiction in this case, the matter having been specifically continued to another day certain, than there would be for holding that a court in which an insolvency pro- ceeding is pending would lose jurisdic- tion by continuing a meeting of creditors to another day certain. An Omission in Bad Faith. It was sa.d as another reason for re- jecting the bids that the specifications were to be changed, but the changes ad- vised by the special counsel did not af- fect the previous set of specifications (the set which had just been opened) in any substantial or material manner or par- ticular; and the changes made by the Commissioners (the third set of specifi- cations) did not affect the previous set of specifications in any material or substan- tial manner, save to omit the treatment of the year's supply of piles—an omission which T have no hesitation in d & o have been in bad faith and made In the Interest of one of the favorites. I enter- tain no doubt tnat the rejection of the bids was entirely without warrant In lav and that the action of mmissione; the Commissione is indefensible upon any ground. The repairs of found to be nec made, and the year's mained to be treated respect to both matters still stands, and 4s a matter of fact the work must be done. The measures referred to are pro- tectlve measures, and it is the duty of the board to protect’ the State's property. To Green street wharf sary remained to be sunnly of plles re- and the finding In talk about discretion to proceed with the work or not in such a case is {dle. The Commissioners would find themselves in a grave situation if they were to refuse to perform their clear duty. The law re- quires that the hoard shall advertise for bids upon any work that exceeds $3000. The piles to be used in the Green street wharf are confessedly in excess of the i ation; and the treatment of the vear's supply of piles is in excess also. In emergency matte within certain limi- tations, the board need not advertise, but the board has no right to consider the treatment of the year's supply of piles as an emergency matten. The public are en- titled to' the benefit of the competition procured by the invitation to all bidders presented through a public advertisement. JUDGE EDWARD A. BELCHER. “too high” it was their duty to reject| them and readvertise as many times as the; “too high”—the design of the law heing to secure to the public the advantage of free and open competition, and thus pro- cure the public work to be done at a falr price. The intention was to make it fm- possible for bidders to combine to keep prices up, and to inhibit favoritism on the part of the Commissioners. The Law Violated. That the excellent purpose of the law has been disregarded or frustrated the record in these cases leaves no room for doubt. It is unfortunate and regrettable | in the extre Harbor Commissioners should be neces- sary, but it 1s my duty to declare that the facts and circumstances S the part—a plain and thelr evident Intention to sl oritism upo: give the entire business of the water it t o 1 iz.. Darby e Slade Lumber Com- o Timber Pre- pany and the San Franc serving Company A Practically the entire_ busin of the San Francisco Timber Preserving Com- pany for the last year and a half has Lecn with the Harbor Commission. For the Commissioners it was urged that they had a right to act arbitrarily and capriciously if they chose to do so, and Anderson vs. Public Schools, 122 Mo. 67 was cited as authority; but I cannot accept the authority as in_point. The Commissioners are public officers. - They are paid by the public large salaries for the performance of purely public dutles— salaries sufficient to enable them to give their exclusive attention to the public business. It is the duty of every public officer to discharge his trust with unvary- ing, straightforward conscientiousness, | and in so doing there is no room for fa- voritism or arbitrary or capricious action. Opening of the Bids. The Commissioners were advised by their special counsel that they had lost jurisdiction by not opening the bids upon ihe day named in the notice. I am unable to join in that conclusion. The Commis- sioners could not open the bids on that day because the court had enjoined the very act; but they retained their juris- diction of the matter by taking specific public recesses from day to day until they could open the bids. The intention of the statute in providing for the opening of the | blds on the day named in the notice is to give the bidders an opportunity to be present. That purpose is fulfilled if upon that day the matter is continued to an- other day certain. If this were not so, and the statute were to be construed as mandatory, and sbould determine that the bids were | | Capacity of the Plaintiff. It was said that the injunction could not stand, anyhow, beca the plaintiff had no capacity, merely as a_citizen, to rosecute the action; but in Santa Rosa Aghting Company Woodward, 50 Pac. Rep.. 1031, the court says: “It is not e: sential in'an application in a proper case designed to compel compliance with stat- ute iaw that the plaintiff must show ac- tual pecuniary interes _ Under the mandamus proceedings the relator seeks to require the board to award to it the contracts under the sec- ond set of specifications (the set opened by the board) as being the lowest bidder thereunder and entitled to the award. The statute provides that the award shall be to the “lowest bidder” and not the “lowest ;responsible bidder,” as provided in some of the States. The responsibility, however, of the plain- um in The phrase “seems to have been designedly employed, beca fter- ward In the same section, In provi the leasing of premises on the water front of marine railways and e is beyond cavil. for the purpo: the phrase “highes in my estimation, that the omission of the onsible” after the word est” and before the word “‘bidder tentional. Yet the Bids Were Rejected. In this case the board had determined that certain work was necessary to be done. Afterward, and pursuant to that determination, specifications were pre- pared and published, and in due seasan bids accompanied by certified checks came in, all as required by law. Subsequently the bids were onened and the plaintift was found to be the lowest bidder—more than that, the plaintiff's bid was the low- est sum for which the work could be done. he bids were all rejected. All authorities agree that the discretion of a public officer, in a propér case, can- not be controlled; but where one has been denied a right which it was the plain legal duty of the officer to grant and which he had no proper discretion to re- fuse, mandamus is the remedy. In thi: State it is provided (Sec. 108, C. C. P.) that “the writ of mandate must be issued in all cases where there is not a plain, speedy and adequate remédy in the ordi- nary course of law. It must be issued upon aflidavit on the application of the party beneficially interested.” The ques- tion, then, is whether the board had a discretion to reject the bids, and, second, whether the piaintiff under the Statute can be said to be beneficially interested. word ‘‘res Touching the rejection of the bids, there | is no doubt whatever that if there had been a fair exercise of discretion, as that the order had been rescinded and a re- determination reached not to do the work at all, or if it had been determined to change the plans in material respects, the board would have possessed plenary power; but this was not such a case. Arbitrary and Capricious. The rejection of the bids was arbitrary 1 mere subterfuge to favor another. In Santa Rosa Lighting Company vs. Wood- ward, 5 Pac. Rep., 1025, the plaintiff al- ready had a contract for lighting the streets of the city up to the first day of August, 18%. On July 3, 1894, the City Council resolved to enter into a contract for three years from August 1, 18%4, with another to light the streets. The formal written contract not having been signed the Council on July 31 made a temporary arrangement for such lights as might be required. On November 17 1894, the Council rescinded its action of July. On May 14, 1895, a motion to shut off "the street lights was defeated. Since July 31, 1844, the Council had been audit- ing bills under the temporary arrange- ment—the effect being that the Council had been making day to day contracts to light the streets.- Held that the proceed- ings showed that the Council had de- termined to light the streets, and in re- fusing to advertise for bids and in making day .to day contracts under the ‘‘tempo- rary arrangément” they were evading the law, and mandamus was the proper rem- ed With respect to the plafntift’s beneficial interest it was argued on the one side that the lowest bidder merely has no beneficial Interest within the meaning of the statute and is not entitled to the writ; on the other, that where the lowest bid- der has done all that is required of him to be done, has lodged a certified check sub- ject to 'forfeiture and exposed his busi- ness to the public by the opening of the bids in open board, he may be said to have earned the contract. In Keller Hewitt (109 Cal, 146) the relator had applied to the Board of Edu- cation for a teacher's certificate, and had been examined and found entitled thereto. Notwithstanding that finding, however, the board arbitrarily refused to issue the certificate. Held that the relator was entitled to a writ of mandate to com- pel the board to perform its duty. The Board Evading the Law. Both_ of those cases are on all fours with the case at bar. In the one it had been determined that something should be done, it was necessary that it should be done, and it remained undone and the de- fendant was evading the law; in the other the relator had done all that was required of him to be done and was entitled to the thing he demanded. The same conditions obtain here: the board have determined that certain work is necessary to be done, and, in fact, it Is necessary to be done, and it remains undone and the hoard are evading the law: and the rela all that is required at his han s and his bid Is the lowest bid and the lowest price for which the work can be done, and he is entitled to the contract. These conclusions are decisive of both cases. It is therefore ordered in the one case that the temporary restraining order be made perpetual, and in the other that a writ of mandate issue as prayed for. E. A. BELCHER, Judge. April 23, 1898, MORE PLANS FOR FESTAL BOOTIS A Hanging Garden the Latest Idea Being Worked Up. Sales of Flowers Steadily Growing and Promising Golden Returns. The plans for the proposed hanging flower garden and restaurant for the fete at the Mechanics' Pavilion a couple of weeks to come in behalf of the Masonic Widows’ and Orphans’ Home are now complete, and the designer vowed yes- terday that his idea was not only a feasi- ble one but was certain to prove an ex- tremely attractive feature of the fair. It is proposed to serve light refreshments in a bower composed entirely of flowers, palms and ferns. There will be no ris whatever, and the idea of viewing the merry scene below amid such charming surroundings is certainly a pleasing one. Healdsburg sent yesterday nearly half a carload of mountain lilies, a large num- ber of which were disposed of early yes- terday at the floral depot, 16 Post streel Mrs. W. Frank Pierce, who has generul supervision of the ladies who are wor ing in the interests of the festival, suid | yesterday that they were meeting v-ith great success in their endeavor to induce the merchants of the city, restaurateurs | and others to take flowers regularly from | the depot. The Baldwin Hotel, the Cafe Zinkand, Maskey's, Goldstein & Cohn, Waller Bros. and many others are al- ready dally patrons or the floral depot. Berkeley has undertaken to send all the | flowers “the committee can possibly dis- pose of on Tuesdays and Fridays, and on Wednesdays and Thursdays San Ratael will see to it that there is ani ample sup- ply. All the money spent at 16 Post street goes directly to the festival fund, for the tlowers are” all donateu and there is no charge for arrangement or delivery. | The latest addition to the booths pro- posed is one where the creations of the leading milliners of the city and coast will be on exhibition. It is promised that there will ve a voting contest in connec- tlon with this booth, which will enable the visitors at the Pavilion to determine | which is the most artistic confection The Idea has been taken hold of enthusi astically In the city and this will doubt- less be one of the most interesting of the | thirty or forty interesting booths. On’the opening night there will be a chorus of a thousand children’s voices, | the glees being Californian and national, and later during the festival there will be a children’s kazoo band. A chorus of 100 male voices is also promised, which will be heard on three or four different occa- sions. s French Dinner To-Day, 25c. All the good things, including a bottle of good claret, at the Ralston, 753 Market. ¢ — e FRACTURED SKULLS. Two Men Sel:i;:fiélyAinjured Waile at Work Yesteray. F. A. Bradford, employed in Studeba- ker’s store on Tenth and Market streets, met with a serlous accident yesterday afternoon. He was on a large elevator, lowering a new watering cart, when the elevator tipped slightly over and the cart struck him on the head. Me was taken to the Receiving Hospital in an uncon- scious condition, and Dr. Bunnell found that he was suffering from a fracture of | the lower jaw, internal injuries and a possible fracture of the skuil. Frank Louie, a laborer in the employ of Warren & Malley at the cut on Polk and Lombard streets, while at work ves- | terday afternoon had his skull badly fractured. A rock fell from above whers | he was excavating and struck him on the head. He was taken to the ..eceiving | Hospital in the patrol wagon, and Dr. Thompson expressed the opinion that bis | chances of recovery were doubtful. goxiriihad A i bl ‘Want the Sewers Flushed. At a meeting of the executive commit- tee of the Point Lobos Improvement Club on Friday a resolution was adopted re- 1 Hughes on Twenty-fourth street. He | sla(go:: that people using the telenhone in | 83 A Lady’s Desk— the store had been putting plugs in gle]gg Mahogany or birch— receiver instead of nickels, and Dr. | o | Hughes Instructed him to personally see ;;83 Next week—S$4.25, that nickels were always put in. Yester- | $ S day’ morning Cordes called at the store |88 Before buying a desk—ses our s one, and Lindsey as 2 ; e | to use the telop " Cordca refused to |88 stock and get our prices. You'll save firudu(‘e it and struck Llndfiey, k{;‘_«)fll}‘n% |88 money if you do. ROLLER-TOP en. Lindsey jumped to_his fee : him down. aain siruck him. Lindsey's | 8 DESKS from $12.50 upward mother, who fi:\pgencdd to be in the store | &8 = the time, Interfered to protect he 5 B ontes ato seuek ek 0V |® ], NOONAN, sev, as soon as he > xnlf‘-';??;fe"a buteher, went to Judge Joa- |ge 1017-1023 Mission Street, chimsen’s court and swore out a warrant | °J Above Sixth. k] | ADVERTISEMENTS. NOVELTY BLACK G00DS! We have just opened our last shipment for this season of HIGH NOVELTY BLACK DRESS GOODS. and will ex- hibit this week the choicest variety of FRENCH and ENG- LISHNOVELTIESevershown in this city. In the assortment will be SILK and WOOL MATLASSE, FIGURED PIREOLAS, CREPE CHEVIOTS, SILK and MOHAIR FIGURED POPLINS, FIGURED MOHAIR BENGALINES, SILK BAYADERE GRENA- DINES and FIGURED CANVAS ETAMINES. The above goods are on exhibition in our show windows, and our customers are asked to take advantage of this special offering of Ele- gant Black Fabrics. Or22084 1892, 9 i, u3, 15, 07T, 119, 121 POST STREET. s the Board of Health to have the Qe e Richmond District fushed | ;3 With salt water from the mains of the | Olymplc Salt Water Company; also re- questing the Board of Education to place the schools in the district In a sanitary condition or otherwise have them closed. | ‘Alaska Cut Rates—First steamer direct to Dawson leav v 3. ¥ew berths left. Apply 46 Market street, San Francisco. * — ee——— ALL ABOUT A NICKEL. Edward Cordes’,(aiButcher, Arrested for B ating a Druggist and |nuBnRuRRIRRBNRN CASH OR LITTLE-AT-A-TIME. | | SEND FOR L LR L] His Mother. : i BOOKLET Edward Cordes, a butcher living on | “About Furniture” Twenty-fourth street, was arrested yes- | . terday afternoon on a charge of battery. | IT'S FREE. He was released on bail. | gn PENROERL The complaining witness is Fred G.|ge Lad ies, DeSkS . Lindsey, a druggist in the store of Dr. | for his arrest. —_— re———— Ladtes’ taflor-made suits; latest designs; we give credit. M. Rothschild, 211 Sutter, r. 6 & 7. — e e———— Fenders on Cars. When the case of H. E. Huntington, president of the Market-street Railway Company, charged with violating an or- dinance by not providihg cars with proper fenders, was called in Judge Conlan's court yesterday morning the attorneys for the defendant raised the point that to per- mit evidence to be taken as to accidents in the past would be an invasion of his constitutional rights, as the ordinance un- der which he had been arrested had been repealed by the recent ordinance. A long argument followed and the Judge re- served his decision till Tuesday. —_— e———— Fearless Reaches Port. The tugboat Fearless, recently sold to the Government, reached this port last | evening from Dutch Harbor. Captain Clem Randall left that port on the 12th | inst. In & blinding snowstorm, and made the run to Seattle in twelve days. -Con- siderable rough” weather was encountered and some distance north of Yaquina the vessel met with a strong southeaster which lasted for twenty-four hours. The Tun from Seattle was made in seventy hours, which is but little longer than the usual time, Phone South 14. Open Evenings. BERRRRRRLRBRR RN NRNBNRRRIRNS BRENNRERRENNRRRSY FOR + FINE TAILORING PERFECT FIT, BEST OF WORKMANSHIP, at 5 per cent Less than Othep Tailors Charge, Go to JOE POHEIM All Wool Suits to $’2 to $35 Order from Pants from . . . $4 !o$|n &y 201 and 203 Montgomery St., 844 and 846 Market St., - 1110 and 1112 Market St, $an Francisce. POSITIVELY The Last Week. ANTIQUE, RARE AND FINE ADVERTISEMENT®. he accep DR. SOPER GUARANTEES to cure every case MONEY, for the prices quoted be- low, including all medicines: PERSIAN B. H. PAUL'S entire stock, before his depart ure to Alaska, WILL BE CLOSED OUT AT UNRESERVED AUGTION COMMENCING DAILY AT 3 P. M., Al ts or REFUND THE Catarrh 20 00 | Plles 20 00| Kidney Diseases $20 00 | At 106-108 Grant ave., between Tost and Geary. R 2% Frrely ol 2000 | As every ruz will be sold out regardless of Neuralgla 20 00 | Skin Dise 20 00 3099 | cost, a life-time chance to buy genuine goods Sciatica 00| Dikbetey © o 209 | at your own prices, Fistula cers | Asthma 00| Bladder Diseases .. 20 00 | 40 00 N. E. CLARK, Auctioneer. Gravel . 0 00 | Bronchitis ... 20 00 20 60 Consumpl 30 00| Epilepsy or Fits . 30 m\ Gonorrhoea 10 00 Tape Worm 12000 Diseases of Liver 20 00| Gleet .. 15 00 N Dropsy 3000 30 00| Prostatic Diseases 20 00 Dyspepsia 11500 Salt Rheum .. 2500 | Tumors . 1850 to 3200 A S Denfness .30 00| Bright's Disease . 40 00 | Cancer 375 to $250 . I incurable you will be told so, thus savin MEN who arc Nervous, Despondent, Diseas in life readily restored by Lhfiobldeugnltzlnlsl};’!g‘lel"ls I}IIISElASEnss OF 0 : i tirely new and painless method. Those unable to call inclose history and stamp for reply. e CONSULTATION AND ADVICE EyE Hours10t0 12 A. M., 2t05and 7t08 P. M.; Sundays 10t012 A. M. DR. A. SOPER'S SANITARIUM. 524 TAYLOR ST, you time and money. and Weak from early inaiscretion and excess WOMEN treated by an TIIS WELL-KNOWN AND RELI LK X "LIABLE OLD ;li Spevlallst cures Private,N ervous,Biood aud Skin Tiseises of Men onty. Manly Power restored. Over years'experieuce. Send for Book, free. Patients Saredat Home. ‘Terms reasonable. Hours, 9 to8 yi8:30 to8.30 ev'gs. Sunduys, 10012, Consulta- and sacredly confidential. Calior P. ROSCOE McNULTY, M. D., Framcisces FR Corner Post, San Francisca. Cal. | 26X Kearny Street. San <