The San Francisco Call. Newspaper, October 2, 1898, Page 11

THE SAN FRANCISCO CALL, SUNDAY, OCTOBER 2, 1898 1 RED CROSS WORK WILL CONTINUE THE LOCAL SOCIETY PERMA-| NENTLY ORGANIZED. ofooooooooocooooooo'oooooob0000000060000600000 Officers Elected at the Annual Meet- ing Held Yesterday at Sorosis Club—Finances in Good Condition. At Its annual meeting, held yesterday afternoon at Sorosis Club alifornia str the Red Cross of San Franciseo effected per: nization and elected officers Though the original i ter solely to. tk perience of five has pointed out was to minis- | f war, the ex- of active work | piping times of sities and that mc Bryc ington ancial condition 7 has rolled into t 1 Calt from the saclety w al and mo r to_com id Starr Jord: society at Metro- e for his for bable that the the members of rs to draw ————— The Park Programme. Following O000O0T0000OVOVO0OO000 > be given by In the Divorce Cour Perez C. ADVERTISEMEIITS. THE BLACK GOODS HOUSE Offers unusual advantages to those desiring fine Tailor- made Suits at moderate prices. Tailor Sults_N_lade $10.00, $12.50, $15.00. Tailor Suits Made $17.50 and §20.00. Made to Order from $15.00 to $50.00. 1000 Dress Skirts. New and Elegant Designs $3.50 and §5.00. Latest Designs $1.50 to $12.50. R. T. KENNEDY CO., 1106 MARKET ST. R A T You get A good Piano 10 When you buy a Byron = Mauzy. It is-made on the|© latest - scientific: plans’ " and| g 00000000006900000000’3000OOOOOO0OOOOOOGO0OOOOOOOOOOOOOOOOOOOQDOO has all the new improvements. ‘g Its tone is superb and action | © perfect. - It is just as repre—“'g sented. ~ Guaranteed for ten ‘g years. - Easy terms. [ g (] o 10 BYRON MAUZY., 3 __308-312 POST ST.. |8 i@@@fc 6000 50096660 g]‘g i THE TYPEWRITER ; 2 3 wTO BUY.. ¢ e SMITH . PREMIER! S:ro'\; proof of merit_ from the Pope Manufacturing Co. (Columbia Bicycles) ty-ons (51) Typewriters, of which forijnine (49, a'e Smith Premiars.” (-] (] (] o 0 o (] (] (] [ 3 ART CATALOGUE FREE. L. & M. ALEXANDER & C0., § a4 Pacific Coast Agents, 116 Montgomery St., San Franoiseo. POOLLLOPOVEPIIDIOPO20 000D 000000000 0000000000000 C000COV0TOO00000U0DI00D ¢ READY FOR HIS ASHES. MUST PAY ITS WAR TAX. judge Bary Decides Against Wells, Fargo & ~ Gompany. JUSTICE OF THE PEACE J. E. BARRY. HE Wells-Fargo Express Company must pay its war tax and no longer pursue its unpatriotic cour hifting it on to the shoul- ders. of its' patrons. Justic the Peace Barry rendered a decision on the point sterday, gi judgment in favor of William E. Cestley against the company for $5 damag curred by reason of the refusal of Wells-Fargo to carr parce] of books frgm San Francisco to Sacramento for an ordinary rate without ‘an additional penny for a war stamp: The decision of Judge Barry i culpability of the express compar: It is in full as follows: In the Justices’ Court of the California. Willlam E fendant. O This is & mon carrier of of bly written and clearly brings out the ¢ in unmistakable language. y arid County of Ban Francisco, State of Costley, plaintiff, vs: Wells, Fargo & Co., a corporation, de- jon action by Willlam E. Costley against ., engaged. in the busir of car g t, goods and mer- chandise to and from different parts of the State of California, both as marine d inland car of goods. The action is for damages under section 2169 of the Civil Code, which provides as follows “Sec. 2169. A common carrier ‘must, W Fargo & Co., com- f) ; if able to do so, accept and carry whatever is offered to him at a reascnable time and place, of a kind that he undertakes or is accustomed to carry.” X The %x]a',nuIY offered and tend: to defendant a package of books, for which the chai of said defendant - was ordinarily forty cents for the transportation t of . from “the said .city anc u of -San Francisco to the c of Sacramento, to. which pla books were destined. It is ad- mitted that the bogks were: offered able time and place and that asor d that the def| held itself out to carry, and was ac- of a ki to car they w customed Th he ed, outside of the question of damages, is as to the construction of that paragraph of Schedule A of the war revenue law of the United States of- 1888, entitled ''An act teo provide ways and means war expenditures .and for other purposes,” approved June 13, 1898, s as follo g It shall be the duty of every. railroad or Steamboat any, or corporation or person, whose occupa- 6 ‘the shipper or consignor, or his agent, or pted for transportation, a bill of lad- pt and forwarding for each shipment tation, whether in bulk or in boxes, bales, tion is'10 aet as’s person_from whom ing. manifest, or other evider tved for car attach i f lading shall be required on bundles or pack- n inclosed in on al bundle at the time of ship- , manifest, ot other memoran- amboat company, oF-corpor son- to a penalty of fifty dol- no such bill lading, manife: or other memo- evidence unless It shall be duly Stamped as afore- randum shall said.” off be The question.specificaily is, Must the cartier or the person who offers the ®oods for carria, cost of the stamp? It is contended by the carrier there should. be du: ed to the evid ipt a United States Tevenue stamp of the. value of one cent. on of the act @ h the duty of the plaintiff to p Just quoted, it was id revenue AlEp) n as a condition pre of said pac the defendant, order that the de with the.law, by giving a receipt havin théreto and canceled (he stamp required by the act. It ning that this is an action under a State statute and not { the revenue law before quoted. A recelpt. given by essential particulars the s a bill of Code provides carrier consignor, on demand, any reasonable tenor, e an to do 8o recover from ‘him, besides pressing truly the original the consignor may take the all damagés thereby oc- n and casioned." The action, however, is ‘not for damages for failing to subscribe and de- ver to the consignor such a receipt under-the State statute, but for damages for failure to take and earry the freight.” It is evident that under section 2169, above cited, the common carrier must accept and carry the goods, Under 3, C. C., it is evident that it must “subscribe and deilver,” or, “igsue,” a receipt. This Is the law Independently of any act of Congress g But_the provision of the revenue act under discussion says that it is the duty of such express company to “issue to the shipper or consignor, or his agent, or person from whom any goods are accepted for transportation, a bill of lading, manifest, or other evidence of receipt.” It Is evident, there- fore, that as the expréss company must accept the goods, It s its duty y under this statute to issue the receipt. The receipt, it may be ar 1id receipt in the Staté courts, even If it were fiot So in the Federal courts, as evidence of the transaction. Some authorities deny the power of Congress to -prescribe to State courts a rule of evidence regu- lating the admissibility of unstampcd documents. (See Bumpas v. Barker, 298; 7 Am. Rep. 623; Pargout v. Richardson, 30 La. Ann. 1285; Moore v. Y. 467; 7 Am. Rep. 466;.Spore v. Eifler, 1 Heisk., Tenn., 33: Farmers’' Bank, 31 Gratt., Va 348). Crews v. The same view is Intimated in Carpenter v. Snelling, 97 Mass. 452. On the other hand there are decisions upholding the power of Congress in this respect. The leading case is Chartlers -v. Chartiers, etc.; Turnpike Company v. McNamara, 72 Pa. St. 218,39 Am. Rep. 673. That 15 of the act of 1862 rendering unstamped instruments in- were not intended to apply to the State courts {s ned in a large number.of otuer cases. For Instance: Duffy v. Hob- 40 Cal. 240; McElvane v_Mudd. 44 Ala. 45; Griffin v. Granney, 35 Conn. i Forcheimer v. Holly, 14 Fla. 239; and many other cases might be cited to € sume effect. And in the case of Duffy v. Hobson 40 Cal. 240, it was held: ce, Judgé, delivering the opinion of the court, that Congress has no constitutional anthority to legislate concerning the rules of evidence admin- istered in the courts of the-State, nor to aflix conditions or limitations upon which-those rules are to be applied and énforced; and that the act of Con- gress fo provide internal revenue passed June 30. 1564, which. provided that 0 instruments. unstamped 1 the manner thereih required. ahall not pe “recorded or admitted .or used as.evidénce in any court,” etc.. embraces only proceedings had and acts done in public offices and courts established -under the constitution of the United States, and by authority of acts of Congress framed in pursuance thereof; but 1 deem it unnecessary to this decision to determipe whether or not this question {s of any importance here. % It is contended in the first part of defendant’s argument that the purpose of the law is to tax the consumer, and in the latter part it is argued thaf the Government is: concerned only with its revenue, and that it cares not - which. of the parties pays the tax. -1t appears to mé,. however, from the language of the statute that it was clearly the intent that the person who “lssues” the receipt should pay the tax. The contentlon of the express com- : pany that it would have a right to raise its rates s0 as to include the cost of the stamp .is of no moment here, for several reasons: First, because e we admit that' the statute does not expressly provide that the carrier s ! pay for, affix and cance = stamp, yet the carrier must “lssue’ having attached there what source he obta conclusive, $o far as demanded by the carrier all a rece, tamp; and, secondly, it is admitted and it is tion {8 concerned, that the charge of 40 cents as tendered by the plaintiff, and it is conceded hi.; the pleadings that such charge was the ‘regular and usual charge” for sucl “service. The carrler here is attempting to obtain over and above the charge, It seems to me that the provislon of schedule A of section 2 quoted herein even goes further than the. provisions of section 2130, C. C, ‘The latter .does not expressly require the carrier to give such a receipt ‘‘unless de- manded”: the former requires such recelpt to be “issued,” whether demand- or not. The language-is: “It shail be the duty of every * ¢ * express company: to issue to the shipper * * * a bill of lading, manifest or ather evidence.of receipt,” etc. What, is meant by the word “issue”? Tt seems to be contended by the defendant that this signifies nothing more than *‘to pre and “have “ready.” Such is certainly not its ordinary meaning. ,To “i within the meaning of the statate, Is to “'send forth” or “to dellver.”” or “place within the control of an of being stamped. While the issuance of such a receipt by the express compahy without t -M.nm? might be a compliance with the State -Inv\? yet at {" N;ame llmehlg would be a violation of the revenue act, subjecting the express company to the penalty proylded therein. In this connectlon, it is said In a brief report of the case of Western Wheel Works vs. United States Express Company, decided by Judge Tuley of the Circuit Court of Cook County, Iil., contained in the.Albany Law Journal. volume-58. page 181, which is the only report of _the case to'which I have been able to obtain any access, the court is said to have used-the following language, which seems to me to be vizorous and -conclusive of the proper construction of the war revenue act of I The court says: “It would be an absurd conclusion to say that the co: ny is required to {ssue to the shipper an unstamped bill of Jading or receipt. the fesue of which Is made a penal offense by section 7 of the act. It was not the intent of the statute to place the express companies under an obligation to do an illegal act. The bill of lading or receipt which the express com- pany is to issue must be a complate bill of lading, a legal instrument, and this can only be a stamped instrument.” For the reasons given in the foregoing opinfon, it is ordered that judg: ment be entered for five (55) dollars damages in favor of olaintiff and ngjnlnit the defendant corporaflon. 2 J. BARRY, Judge. October 1, 1898, her person,” and not simply to “create a-document capable 0000C0000C0022000000000000900000000 L t, tamp, and it is a_matter of indifference from ° 4‘)0?00000000000000QOOQQQOOOOOOOOO00000000000000000000 0000000 0n | | | l [<] © L4 [+] (4 (4] [<} < [ (] [} [+] © (] < (] (] < [} © (4] (] o © © (] 2] [+] (] [+] o o (4] [+] [+] © (4] [+] c [} [+ S o © [<] 4] [} (4] () [+] © o ol 2 1 | | | (4] (4] 4 o (] [ (4] [+} © © [} (] [ o (4] © (4] © © [ o (] < © © (4] (] b (4] [+] o © (4] ° o [} [+] < (] (4] © [+] © © 0 o [ L] (] [ o o [ ° o ° ° {4 | | | ordinate unions s | tion on Joaquin Mille neral Pyre on the Fruitvale Hills. OAQUIN MILLER'S latest freak i crematory, and the Poet of the Sierras will be bl J urally reverted to warmer things. pyre on which his lifeless body woul into the dust from which it came. Several weeks ago the building cc exactly 100 superficial feet. It is soli ed together by skilled: hands and A few. feet frem the tomb is a bi On its known, will be. wants te .be cremated. that will insure t} this will then scs discuss the matie And the liitle ter thé ashe: , but merely & attention to him. Finally he got mc task. 3 wood and coal to burn. word. no joke about it. day, and in plain sight of all the R R S S TS P OSSP GNIEN so arranged that.after the incineration the ashes of When he returned from the Klondike, frozen to death in his capacity as * He desired to have something in sight that would remind him of the time when he would not be forced to live ina world of sane men.and women, so he confided to the little Spanish maiden that lives on his ranch that he would build.a tomb—a real stome erected on the back of a little hill near his home, and covers a space of smooth face is painted in large letters the words and Miller declares he wants In the top of the pyre is a coffin-shaped hole, There is a draught hole through he reduction of his remains to ashes, and having done . over his beloved h ys “It is my wish.” panish girl who lives near-by says: “Why, he talked of building this tomb for a long time, and we .paid no and upon returning from the north sent for workmen and commenced the “The work was expensive, but'he kept It his. body .carried up the hill as’ soon as he 1 know he will do it. “He says he doesn’t want any one asking who he Is or his name ever mentioned again, once he is gone, so the great rock. with known' painted on it will be. all the headstone he will have. “We have treated it as a joke as much as we dared, but now there 15 He seems to think he won't live long. he should dle to-morrow there would be a burning on .that alley.” r Builds a Fu- His Ranchin s to build his tomb. It is also a own all over the Fruitvale hills. where he has been nearly ‘special commissioner,” his mind nat- d be destroved or rather transformed ommenced, and it is now finished. It is dly built of 620 huge bowlders, cement- wondrously durable. : & browh bowlder welghing over a ton. “To the un- te be forgotten—as his poems in which the poet the- structure The poet will not ney enough to carry out the idea He said he would have dead and laid upon the He always keeps his ‘To the un- 1 know that if hill the next AR AR S R R e R e S a nd D R R P P R R R R e e R g A SHQRTER WORKDAY. Employers and Employes Will Meet in Syracuse to Arbitrate the Question Charles E. Hawkes, formerly president of San Francisco Typographical Union, leaves this morning for Syracuse, N. Y., where he will meet with other members of | the shorter workday committee of the In- ternational Typographical Unlon to arbi- | trate the shorter workday question with | & committee from the National Typothe- tae, or employers' association. At the last convention of the Interna- tional Typographical Union, held in Colo- rado Springs, a resolution was adopted fixing nine hours per day or fifty-four per week. The resolution, after being submitted to an initiative and referendum vote, was carried in the convention, al- though no day was set. any of the sub- arted an active agita- the| subject and as a result 153 now working on a shorter In this city an attempt duce the hours, but, after unions are workday bas was made to | | & strike of several weeks, the union was | forced to gf | able, howeve | made with thé Typothetae committee and | the shorter workday become an | plished fact without further strikes. The | committee from the International Typo- up the struggle. It is prob- . that an agreement will be accom- raphical Union consists of James J. §iutphy, New . York, chairman; C. E. Hawkes, San Francisco, secretary; G. H. Russel, Chattanooga; R. B. Prendergast, Chicago; David Hastings, Hamilton, On. tario. John R. Winders, John Mehanny and J. K. Phillips have also left as delegates to the International Convention, which meets in Syracuse on the 10th inst. e e ALICE E. JOHNSON’S TALENT. Orpheum Employes of the Opinion That It Was a Minus Quantity. The question as to the talent of Miss Alice E. Johnson, who is sulng the Gus- tav Walter Orpheum Company to recover §750, an account alleged to be due for five weeks' salary she alleges she was entitled to, again occupled the attention of Judge Cook yesterday. The testimony of a num- ber of employes of the Orpheum, upon the question of the quality of Miss Johnson's performance, was heard yesterday. AIl agreed that it was bad, very bad. Musi- cal Director Rosener even stated that the plaintiff could neither sing nor act, and that the audience showed its disapproval at every performance by hissing the sing- er. The legal points of the case will be argued next Friday. e A AP EDGAR SUTRO SUES HIS WIFE. Demands Enforcement of a’ Mortgage on Property Held in Trust. Edgar E. Sutro, contestant of the will of Adolph Sutro, filed suit vesterday against his wife, Henrietta L.- B. Sutro, and Willlam Crane Spencer, to compel the enforcement of a mortgage for 38571 80, which, it is alleged, the plaintiff executed to Spencer on June 3, 189. The plaintiff states that his father, Adolph utro, deeded some valuable property to trustees for the benefit of his wife and ‘;chlldren. Edgar Sutro, as one of the | benefictaries, mortgaged his share of the property, held in trust, to Spencer. Sub- sequently the plaintiff deeded his rever- sionary Tights in the trust property to his wife for- her benefit and. their minor | son, A. G. Sutro. Mrs. Sutro now refuses | to recognize the validity of the mortgage, and Spencer declines to press-his claim for payment. Sutro prays the court to declare ‘the mortgage valid and to compel ‘}.Is wife to recognize it. ‘the interest is accumulating at the rate | of 8 per cent per year, .compounded ‘munlhly, and that in the event the debt | is not liquidated it will soon consume the | entire property. : It is understood that the suit is a friendly. one, and filed for the purpose of obtaining authority from the court to pay off the mortgage. That in the event claim is an illegal one, Mrs. Sutro not be held for the funds paid out |28 guardian of her child. = s ————— ESTATE OF MARK STROUSE. Application for Special Letters of Administration Filed. A petition for special letters of admin- istration upon the estate of Mark Strouse, widow of the deceased. The cumbed to an attack of la grippe last | Friday, was filed yesterday by Emilie Strouse, wid ow of the deceased. The exact value of the decedent’s estate, al- though it will exceed $10,000, is not known. In the petition for special letters it is stated that no will has yet been found. The estate, upon which it is sought to obtain authority of administration, con- sists first of household furniture and the residence occupied by Mr. Strouse at 2412 Pacific avenue, which is valued at about | $5000. Decedent's market, situated at 1138 Market street, is next mentioned, to- gether with the stock In trade, fixtures, accounts, assets and paraphernalia; also | the choses in action, personal property, stock and bonds, documents and evidence of title and property belonging to the de- | cedent, all in this eity and county. It is next stated that there are out- | standing large sums belonging to the es- tate and owing to the deceased on_ ac- count of goods sold and_delivered, like- wise many checks and other assets. The petitiion _prays that special letters be granted her that the business conducted by the deceased may not suffer. E. D. Knight, A. Bernard and Coogan & Kahn appear as attorneys for the petitioner. ——fe————— Page Must Serve Time. The Supreme Court has denied the ap- plication’ of ex-District Attorney James D. Page for a writ of mandate to com- pel Superior Judge Walace to settle a bill of exceptions. Page was convicted of embezzlement and was sentenced to elght years’ imprisonment, - He appealed from the judgment and order denying a new trial. " Judge Wallace refused to set- tle the bill of exceptions on the ground that the District Attorney had not been notified in writing as required by law. —_——— The Railroad Case. The time to take testimony In the case of the Southern Pacific Company vs. the Rallroad Commissioners has been ex- tended by Circuit Judge Morrow the first Monday in November. | ADVERTISEMENY'S. ¢¢ Adulterated to health. Some Poison! 'V teas are dangefous of them are act- ually poisonous_especia\lly green teas which contain copperas and ‘prussian blue.”’—New York Herald. 5 A Schilling & Company San Francisco e He avers that | untll_ ADVERTISEMENTS. EMILEZOLA The Well-Known French Writer, EMILE ZOLA Writes: Vin Mariani--The Elixir of Life, which combats human debility, the one real cause of every ill—a veritable scientific fountain of youth, which, in giving vigor, health and |energy, would crcate an entircly new and supéerior race. EMILE ZOLA. NEVER HAS ANYTHING BEEN SO EIGELY AND SO JUSTLY PRAISED AS MARIANT WINE, THE FAMOUS FRENCH TONIC FOR BODY, NERVES AND BRAIN. ForOVERWORKED MEN, DELICATE WOMEN, SICKLY CHILDREN Vin Mariani is-indorsed by the medical faculty all over the world. It is specially recommended for nervous Troubles, Throat and Lung Diseases, Dyspepsia, Consumption, General Debility, : MALARIA, WASTING DISEASES AND LA GRIPPE. SOLD AT ALL DRUGGISTS, REFUSE SUBSTITUTIONS. 'VIN MARIANI GIVES STRENGTH. SPECIAL OFFER—To all who write mentioning the San Frane cisco Call we send a book containing portraits and indorsements of EMPERORS, EMPRESS, PRINCES, CARDINALS, ,ARCHBISHOPS and other distinguished personages. : MARIANI & CO., 52 WEST I5TH STREET, NEW. YORK:' Parls—i1 Boulevard Haussman; London—8$3 Mortimer Street; Montreal—25-30 Hospital Street. IDGGOGOODOOOOOP{O“O STANDARD MIXED fgvu- PALACE *?3 \ PAINT ! icranp soress 2 [ o SAN FRANCISCO. e | Connected by & covered passageway. 5 © 1400 Rooms—900 With Bath Attached. @ All Undei One Management. [-] NOTE THE PRICES: 1.00 per day And upward .00 per day and upward dence " Solicited. JOEN C. KIRKPATRICE, Mansger. oooco0coo0cna FETFS0R. MALL'S REINVIGORATOR Five hundred reward for any case we cannot cure. This secret remedy {§ stops all losses In 24 hours, cures Emissions, Impotency, Varicocele, Gonorrhoea, Gleet, Fits, Strictures, AT MANUFACTURERS' PRICE. T3 Gaion Gallon Peduced from $1 25 per gallor. Color Card Sent Free. Money Back If You Do Not Like It. BUSWELL PAINT CO., 302 Market St., Cor. Froat, S. F. PAINLESS DENT G~ Gold Crowns 22k $3soup ‘@ Fillings - - - 25cis.up o, Open Evenings & Sundavs Lost Manhood and all wasting ef- fects of self-abuse or excesses. Sent e it ed, §2 bottle: 3 bottles, $5; guar- P | anteed to cure. Address HALL'S MEDICAL IN- | BTITUTE, 855 Broadway, Oakland, Cal. "Also | for sale at 1073% Market st., S. All “pri- | Full Set of Teeth vate diseases quickly cured. Send for tree book. FOR BARBERS, BAK- ers, bootblacks, bath- ERU SHE houses, billiard tables, brewers, bookbinders, candy- makers, - .nners, Al ROOM | dyers, flourmvlls, foundries, laundries, paper- Elevcnoubxn‘]ommg hangérs, printers, painters. shos factories stal emen. tar-roofers, tanners, tailors, ete. BUCHANAN BROS. ‘Sixth and Market & | Brush Manufacturers, 609 Sacramento St Dr.G W. Kleiser, Prop. He has now in his charge one of the largest stationary engines in the manuf: istrict of Kensington, and for more than fifteen years was one of the most truste neers in the employ of the Reading Railroad mpln(. Speaking of RIPANS TABULES, he said: * The lives of thousands of people often depend upon the single hand of an engineer. The man at the throttle is responsible for the safety of every soul aboard the traln, He must havea |tud{‘hund-md aclear eye. But ene neers, like all nther human beings, are subject to ills and more than once RIPANS "ABULES have helped me along when, without them, 1 must have falled in my duty, *‘As an engineer I have been on duty at all hours of the day and night,” said this man, who, by the way, is named John iece and lives at No. 2054 East Somerset Street in Philadelphia, ‘' and sometimes have had to snatch my meais with scarcely & moment's interval of rest, Consequently I have at times suffered intensely from nervous dyspepsia and poor digestion. The only thing I ever found that would relleve me thoroughly and quickly was a RIPANS TABULE and I still take one when I feel the need of a stomach stimulant. I do not know of anything that could take their place.” : Aoyt g T AR S et g g o et e S s S R R