The San Francisco Call. Newspaper, October 28, 1898, Page 4

4 HE FRANCISCO CALL, FRIDAY, OCTOBER 28, 1898. YUKON MINERS CROWD JUNEAU End of the Exodus Near at Hand. SOME LUCKY, OTHERS BROKE SOUTHBOUND STEAMERS HAVE MANY PASSENGERS. Communication With Dawson City During the Approaching Win- ter Promises to Be Not Infrequent. BY HAL HOFFMAN. Spectal Correspondence of The Call. JUNEAU, Alaska, Oct. 18 (by steam- ship City of Seattle to Victoria, B. C., Oct. 22. The end of the rush out of Dawson by tkh river route has reached the coast and the volume of will be greatly decreased from this date. The steamboat war is still hot, and rates to the Sound have been cut more than half. This week t class and $8 Before an- if the competition and feeding privilege of having them hip, the Rosalie, played on Pacific Coast i and the h were both lying bound mnorth. She aropped a boat over the side and sent the mail to Juneau by two deck hands, from the lower end of Douglas, and then skipped for Skaguay with as much the more steam and many more turns in her screw as she could raise, in or- der catch the southbound crowd om the trail. rs for Juneau on the down trip. more advantages for getting the Yukon will soon be availa- were offered last winter. On munication with Daw- infrequent. The son pro: work of esta e and relief thirty apart from Lake tt to Dawson is almost com- Capacious cabins have been , and over 100 tons of provisions packed over the Chilkoot FPass for these p These thirty-m sta- tions are much for the p of facilitating communication ween Canadian Gov: ent official from | Dawson to the coast, Victoria and Ot- tawa, as for relief of needy new com- T A thirty-mile trip from post to post can be undertaken in any kind of weath a only a travel. It may be S| to nd mail into Dawson from Juneau or Skaguay dur- ing the approaching winter In from ten twenty days, or on an average in s than half the time that the trip was made last winter. son considerable travel may be ex- and pected both from and to Dawso with the ivantage of not ha hrough the snow. n the new diggi also come arou almost a week every bed has ccupied in Juneau and all the packed by Cop: River ana Inlet people and Dawsonites awaiting thbound ships. In two with the last trip of the 1 r, no more people can sections of The mining et country, ope- peded by unus- told in a pre- about $6000 )id to banks houses here It brought hanged at bu p for immediate us ounce. i e. £ $50,000. Lieutenant L. United States of Captain E s, and ten men . Glenn’s expedition be- yond Cooks Inlet, have reached here on their we south. Th Government party went from Portage Bay to Ka- nik Inlet, thence over 100 miles up the Matanuska River and down the Gerstle River, a tributary of the Tanana, 100 miles, whence a view of the vast v of the Tanana was had. Pro ran short here and the main party had to return to Sunrise City. Lieutenant Castner of the Fourth Infantry and two men continued on down the Ta- nana to Circle City. Colors of gold were found on a number of streams. The country is timbered with spruce, birch and cottonwood, which will ave- rage ten-inch boards. Tt is both roll- ing and mountainous, with plenty of grass for hor: large and small. said the party in one day. country can be made agricultural. Cap- tain Glenn is still at Kionack. They saw but little game and oply a few Indians in a total traveled distance of 360 miles, their extreme distance north being 200 miles. The steamer Brixham, which ran aground on Lincoln Point reef, about thirty miles south of Wrangel, early last Friday morning, still lies in al- most her original position, on an even keel, but has listed to ‘port somewhat by the action 'of the waves. Her bot- tom is now said to be torn to holes, and it is ‘thought by steamship men that she cannot be saved. CONCLUDING A WHEEL TOUR OF THE WORLD Mr. and Mrs. McIlrath of Chicago Nearing the End of Their Journey. NEW YORK, Oct. 27.—H. Darwin Me- Tirath and his wife, of Chicago, arrived here to-day from Southampton, England, on the American line steamship Penn- fand. The Mcliraths started on a wheel- g tour on April 10, 18%, from Chicago. They crossed the Rockles and on June 1 arrived in San Francisco. There they took a steamer for China. The couple rode through that country and then pro- ceeded through Japan. Thelr route was afterward through Burmah, India, Per- sia, Russla, Austria-Hungary, German France l}ndmé}reat Britain, raths had ridden nearly 30,000 miles wi they boarded -the Pennland for New York. They had some exciting experi- ences in Asla and India, but were not molested by the natives. 'They intend to ride from this city to Chicago, and the start will be made in a day or two. Un- der_ the. auspices of the Century Road Club of America, of which the couple are members, relays of riders will accompany them on their last thousand miles. The trip it 1s expected will take twenty days. Receptions will be given them at Albany, Rochester, Buffalo, Cleveland and other places, and a large body of cyclists will welcome them home. e B Visited the Plain of Sharon. HAIFA, Palestine, Oct. 27.—Yesterday {Im eror Willlam and Empress Augusta Victoria visited Caesarea and the Plain g:‘?haron. This morning they started for Lieutenant Kelly passed seventy lakes 2 She dropped her pas- | For this rea-| estimated that| clean-up in the Cooks In- | let placer mines will not exceed a total | and dotted with lakes | He thinks much of ths | The Meh- | 'SCHODNER SINKS N LAKE ONTARIO Captain the Only Person Rescued. ;AT LEAST EIGHT LIVES LOST | 2 | | SKIPPER’'S WIFE AMONG THE DROWNED. | The Three-Master St. Peter Goes Down Off Sodus Point in Sight of a Tug Sent to Her Rescue. Speclal Dispatch to The Call. ROCHESTER, N. Y, Oct. =k | special to the Herald from Sodus says: | The three-masted schooner St. Peter, of | St. Vincent, sank this afternoon about | five miles northwest of Sodus, on Lake | Ontario, with all on board, save Cap- | tain John D. Griffin, who was rescued |in a precarious condition. The schooner showed signs of dis- tress early this morning as she drifted past Charlotte. During the forenoon the people of Pultneyville sighted her and immediately telegraphed to Sodus Point asking that help be offered. The tug Cornelia started for the rescue, but | the great seas nearly swamped the boat and the Cornelia was compelled to re- | turn to the harbor. Word was sent to Charlotte that the distressed vessel had | been sighted near Pultneyville, and the tug Proctor started with the life- saving crew. When within a mile of the St. Peter the crew on the Proctor | were horrified to see the ship sink. | In ten minutes the tug was crulsing | about the spot where she went down. | Captain Griffin was picked up in an un- | conscious condition. After spending a half-hour looking for the other mem- of the crew the t tarted for s Point, where medical a: ance was secured for the captain. He is| still unconscious | The wife of t was Mate McLaren of Kingston. least eight persons perished. Olen Jolly and Jacob town were standing on the s the St. Peter went down and declare | the boat was not more than a half-mile | from the shore. It is thought that the | St. Peter lost her rudder and that the heavy seas caused her to spring aleak. The St. Peter was bound from Oswego to Toledo with 700 tons of coal. LOUISVILLE DEFAULTER ‘ CAPTURED IN LONDON| | | | Charles G. Henning, Who Absconded | With $8000 Bank Funds, Under Arrest. 5 LOUISVILLE —Chief of Police Haager to-day received a notification that | | Charles G. Henning, who absconded from the Bank of Louisville with $8000 several weeks ago, had been captured in London, | England: but will recover. e captain was lost, as At Young Henning bore a name well | known and honored throughout Ken- tucky and the adjoining States. He fs | the son of John W. Henning, who for years prior to his death, some | the Palace Hote! | will be the speakers. : years ago, made up the ¢ | firm of Henning & Speed, ate | dealers and capital Jo Speed, | the junior partner, was a brother of James Speed, President Lincoln's Attorney Gen- | eral, 'and whose warm and _intimate friendship for the martyred President dated from very early s when, as a | young storekeeper in Springfield, IIL, he | first met Mr. Lincoln. This connection with the President gave the firm great | nfluence at a time when much money | was to be made in handling real estate. | At Mr. Henning's death he left each of me $350,000 and his interest les Henning, with y Interested in the | veral lines of street railways in New Orleans into one | | general concern known as the New Or- | leans Traction Company. The enterprise | s not a financial success and young | | Henning, with several others, is said to | have lost the greater part, if not th | whole of his fortune. His family conni tions easily secured him a position of re- | muneration and trust {n the Bank | of Louisville, of which his father | | had for thirty years been a di- rector, and -he was generally thought to be retrieving _his sses, when a short time ago the news of his ab- | sconding with $5000 of the bank's funds | fell like a thunderbolt on the community. \WEED BELIEVED TO HEAD A SYNDICATE May Be Working to Obtain a Foot- hold in the San Domingo Republic. WASHINGTON, Oct. 27.—Careful in- quiry at the Navy Department demon- strates the absolutely unofficial cnaracter of any commission such as that said to be | | headed by Smith M. Weed, which was re- | | ported recently at Nassau, B. W. L, in conference with President Heureaux of | | S8an Domingo. It is said that Captain Con- | verse of the Montgomery may have taken | | Mr. Weed on his ship as a guest. _The | | Montgomery has been ordered from Now. | | port to Charleston to participate in the peace jubilee In the latter city, and Cap- | tain _Converse obtained permission to toueh at D 5 1t is belleved here that Mr. Weed is the representative of an American syndicate | which has agreed to administer most of the affairs of the Dominican Government, collecting customs recelpts in return and paying 8 large sum. yearly to the of-| | ficials of the island. Some such scheme as | this has been operated by an Amerfcan syndicate n Honduras for several years | with marked success, it is asserted, dnd | this may have atfracted the attention of | speculators to the possibflities of other | Central American and West Indian coun- | tries. 8o far as any | roposition to buy or ac- quire Samana Bay as a United States conling station is concerned, naval au- thorities declare there is no truth in the story. The Samana Bay project was a favorite of President Grant, but has not | taken serfous shape since, and is less pos- sible of consummation now that the TUnited States has splendid facilities of its own in the matter of coaling stations on the island of Porto Rico. — JUSTICE FIELD IS NOT AT DEATH’S DOOR His Sister Denies Recent Reports| Regarding the Alarming Con- dition of the Jurist. WASHINGTON, Oct. 27.—A representa- tive of The Call who visited the residence | of Justice Field to-day was told by the sister of the aged jurist that there was absolutely no foundation for the alarm- ing reports printed in San Francisco con. cerning his condition. “He is, of course, very feeble,” said his sister, “‘and receives no visitors, but this | has been the case for a year, and there | has been no change in his condition to | warrant such reports. Justice Field sits ug‘). reads and takes his slee}) and meals the same as usual. Mrs. Jield is not well, and it may be that this fact gave }'1‘1“5 to the story that my brother is very — Mrs. Richard Cooper Dead. NEW YORK, Oct. 21.—Mrs. Richard Cooper, the - last surviving daughter of James Fennimore Cooper, the novelist, is dead at her home In Cooperstown, N. Y., aged 79 years. |$875 by LEGISLATIVE TICKET WILL BE ELECTED Hon. F. M. Leavitt Is Warmly Received. REPUBLICANS ARE POSITIVE ALLIANCE PROGRAMME FOR A BUSY WEEK. ‘Will Participate at Meetings, Ban- quets and Parades on Both Sides of the Bay. Oakland Office San Francisco Call, 908 Broadway, Oct. 27. Two yvears ago the Republican legisla- tive ticket was elected in this county without a break. On that occasion one Senator and six. Assemblymen were elect- ed. At the coming election two Senators and six Assemblymen are to be elected, and there is no doubt but that the Re- publican ticket will be entirely success- ful. One of the most active campaigners for the legislative ticket is Frank A. Leav- itt, who two years ago was elected to the Assembly and made such a good record that when the late Eli Denison declared his intention, long before his death, of quitting politics, it was regarded as fit- ting and proper that his Senatorial mantle should fall on the shoulders of Assembly- man Leavitt. Mr. Leavitt has recently gone all over his district and his con- fidence in the success of the Republican ticket has been materially strengthened by his experiences with the voters. He has also canvassed the situation in re- gard to the Assembly candidates and says there 1s no room for doubt as to the re- sult. At the many meetings which he attended Assemblyman Leavitt was very enthusiastically received and assurances of support were given him by many who are utterly disgusted with the peculiar antics of the so-called fusionists. _President Lukens of the Republican Al- liance has issued the following orders: Seturday, October 20—The Alllance must turn out at home. Hon. Henry T. Gage will be in Oakland at the tabernacle. Report at head- quarters at 7 o'clock sharp. There will be a supper served at headquarters after the meet- ing, at which the Unfon League Drill Corps will be present. Monday, October 31—The Alliance goes to San Francisco. The State Central Committee has given the Alllance a special invitation to pa- rade that night, and the Union League will entertain the Alliance at their club rooms in after the parade. This is to be San Francisco's big demonstration. Friday, November 4—The Alliance is Invited to escort Hon. Victor H. Metcalf from Fruit- vale Station out Fruitvale avenue to & meeting arranged by East Oakland and Fruitvale Re- publicans. After the meeting the Alliance will be given a bullshead supper at Fruitvale. Saturday, November 5—Will be an Alliance | night at ~the Macdonough Theater. Hon. George C. Perkins and Hon. Victor H. Metcalf An Alliance supper will be given our Congressional candidate and United States Senator after the meeting, at which honorary members of the Alliance will be invited. : Let every member of the Alliance go to San Franclsco Monday next, October 31, on the 6:45 p. m. traim. The 7 o'clock will get you there too late. ROUMANIAN NOBLEMAN ARRESTED IN CHICAGO | Claims He Barely Escaped Becoming the Victim of Porkvilie Sharpers. CHICAGO, Oct. 27.—Count Leopold de Bovitiz of Bucharest, Roumania, was ar- rested to-day on a charge of obtaining false pretenses. The Count clalms that he is a victim of a clever confidence game in which it was intended that he should be swindled out of $6000. | As a result of his suspicions he caused the arrest of Marvin Victor Henshaw, teacher of dramatic art, and L. E. Hen- shaw and D. J. Hallaman, lawyers. The Count came to Chicago several days ago upon the solicitation, he says, of Ernest Salvator, a playwright. He be- came interested in a play written by Sal- vator, and was introduced to. Martin Vic~ tor Henshaw. Henshaw, according to the Count, agreed to stage the &i}ay if Bovitiz would furnish the money. The Count did not have any ready money, but volun- teered to send to Roumania for the nec- essary amount. Henshaw gave him $8 75 with which to pay for the cablegram, and en the money was not forthcoming a warrant was obtained for the nobleman’s arrest. Bovitiz was arraigned in. the Criminal Court to-day, but the hearing was continued until November. Mr. Hen- shaw and the two lawyers deny that any attempt was made to defraud the Count. S PG DO WO0O0D REPLIES TO THE FRENCH PROTEST Too Many Paupers at Santiago Al- ready, Necessitating Prohib- itory Measures. SANTIAGO DE CUBA, Oct. 2.—General Wood left here to-day on board the dis- patch boat Hist, accompanied by his aide- camp and clerical staff, for the purpose of visiting Manzanillo and to instruct Colonel Pettit to arrange the conduct of the civil business-there. The French Consul here has written to General Wood ?mlesun strongly against the order prohibiting the lan n§ of ne- groes from Hayti. eneral Wood replied that he could not allow any more paupers here, as there were too many of them. General Mayla Rodriguez, the insur- gent commander, visited General Wood at the palace this morning. he was accom- panied by Colonel Garcia, who acted as an interpreter, and remained over an hour. He sald he was immensely pleased with the manner in which things are conducted here and congratulated General Wood on the work he had accomplished. General Wood visited the San Carlos Club last night at the special invitation of the committee to add to the reception given to General Rodriguez. MARRIES HIS WIFE. Slater Was Not Sure the First Knot Was Tied Securely. SAN RAFAEL, Oct. 27.—“Well, I guess we were married before all Tight enough, but my wife's and my relatives made so much ado over court decisions and one thing and another that we declded to have the knot tled in conventional style.” This was the rather pecuslllar explll:;u,- jven to-day by James Slater, a ship- }ln(l’:eg em) luyed)i)y the Union Iron Works, after he had been united to Mrs. Anna B. Plerce of 637 Alvarado street, by Justice Gardner. According to Slater, both were divorced persons when they wished to marry a vear ago, but Slater had not been divorced & year. In order to avoid the law providing that a divorced person could no{,‘mnr‘ry within a year after the decree was granted, they went to Monte- Tey and_were married at sea by Rev. George Snodgrass. Their relatives made such a protest that they finally concluded to be united in ‘“conventional” style; hence to-day's ceremony. — e Crushed by Mill Machinery. CAHTO, Oct. 21.—Charles Britt, a re-| cent arrival from Rocky Ford, Colo., met a frightful death to-day in the Layton- ville Flour Mills. Britt was caught in the main shaft, his lower limbs belnf ground to a Dul%h’l the machinery. He lived ten hours. ritt was 22 years of age and unmarried. “The Dead Body,” by H. G. Wells, author of < The War of the Worlds,” in next Sunday’s Call. THE DEATH OF POPULISM IS ACCOMPLISHED Strangled by Demo- cratic Corruption. EDITORIAL FROM “INDUSTRY” A CURSE ON BRIBE - TAKING OFFICE SEEKERS. People’s Party Was Sold Out at Sac- ramento by Those Who Sought for Personal Ad- vancement. The following is an editorial from “Industry,” the leading Populist paper of California, published at Oakland, October 27, 1898: POPULISM DIES IN THE CESSPOOL OF DEMOCRATIC CORRUPTION. After the fusion convention at Sacra- mento, the chairman and secretary and fifty-seven members withdrew from the San Francisco People’s Party County Committee, leaving it in possession of A. | B. Kinne, George Siivey and other Demo- | crauc office-holders. = One of the Gal- | laghers openly boasted to a member of the committee that he owned the commlt- | tee and had paid for it. Money was of- fered openly for votes in the interest of a | fusion delegation at the election of the | delegates to Sacramento, and the fare and expenses of most of the fusion dele- | gates were paid with Democratic money. After the Democratic ring got Maguire nominated it completely ignored what re- mained of the Populist County Commit- tee in San Francisco. The Phelan Demo- cratic convention met and nominated a full ticket of Democrats, never noticing | the existence of the Populist Piece Club | run by Kinne, Silvey & Co.; not a Popu- list was nominated by the Democrats. Then the Populist fusion Piece Club re- solved itself into a convention and put up | its indorsements for sale, indorsing both Democrats and Republicans in a dis- | gusting, loathsome manner. Men were | taken Into secret session before terms | were arranged. The price was small, but | more than the indorsement of such a fece club was worth. Not a_straight opulist was nominated. Carroll, a sore- | head Democrat who failed of a Demo- cratic nomination, was_given a nomina- | tion for Justice of the Peace, and H. W. | Philbrook, who ran in 1896 as candidate | of the A. P. A. party, was nominated | and will get less votes than he got when heranas an A. P. A. alone. These, we be- lieve, are the only ones not nominees of other parties. | On_Thursday night they went through | the farce of a ratification meeting. The | first speaker was Phelan, an open gold- bug, followed by several Democratic nominees. Not a Populist speech was made or a Populist heard of. So expires in the cesspool of rotten poli- tics the party which once commanded honor and respect. Yet bribe-taking can- didates on the fusion ticket—bribed by office—and their organs have the gall to | denounce the men who have spen t years to build up the People’s party, simply be- cause they have tried to preserve it and | kee~ it from being slr:un\:}ed to death in | this loathsome manner. May an all-mer- | ciful God forgive them. If He does it will not be because they know not what they | do. They sold out at Sacramento for the romise of office and salaries and .went hack to their homes to receive the nom- fnations for local offices, which was the price of their votes. Such fusion should be defeated by voting directly against it. SMOKE DID NOT OBSCURE THE FUN| POLITICS AND MIRTH AT NA- TIVE SONS’ HALL. Rincon Parlor Entertains and Is En- tertained by the Wit, Humor and Talent of Its Mem- bers. It was a “‘smoxer” Rincon Parlor No. 72, N. 8. G. W., gave in Shasta Hall, Na- tive Sons’ bullding Wednesday evening, and it was the happlest gathering of the season. The meeting was partly social, but many aspirants for pub- lic office appeared during the evening and were presented. They did not burden the merry crowd with tales of politics or misconstructions of issues, however, but joined in the fun. For instance, Charles F. Kenneally, Republican and Citizens’ Republican nominee for the Assembly of the Twenty-ninth District, quoted and gave a few original essays far, far dis- tant from legislative matters, and Coro- ner Hawkins pulleu off his coat and “tore off a few yards” on the piano that Chair- man Mogan stated would cause the dead in the Morgue to seek other quarters it played in that jocality. The wit and tal- ent of the gathering was called upon to do the entertaining, and In consequence it was long after midnight before the last guest_left the hall homeward bound. A. J. Rocco opened the fun by deliver- ing an ‘“essay’” in Italian dialect, rich in style, picturing Police JudEe Mogan_do- ing the neighborhood of the fish wharf loflclling votes. He was promptly sen- tenced to serve a term of six months twice a year by Mogan, and John Hoey, candidate for Senator from the Bight- eenth District, was called upon to address the audience. He pictured his hopes and fears, and gave way to Edward Hanra- han, who asked and stated that he ex- ected the fiul‘.‘?| rt of his comrades of he parlor, which, he believed, would ma- terially ald him in his fight for the As- sembly. Charles Kenneall~ who is confident that he will assist the next Legislature in its labors, then took the floor and proceeded to entertain the smokers. He was suc- cessful to such a degree that Mogan de- clared him elected without waiting tfor November 8. Joseph Hanson then sang a song. W. . _Growney made a ‘ittle speech, and D. E. Hanlon, in response to a call, took the platform. Hanlon gave imitations of the _efforts of the great tragedians, Booth, Irvlng and Keane, and the ravings of John McCullough. James H. Barry, Finlay cook, Charles T. Con- ian, Charies Myers, Justice of the Peace Barry, Willlam A. Deane, Republican cn.ndfila.te for County Clerk, and Charles TWhelan were presented in turn and | played their part, and then Dr. Hawkins rendered his “piano solo.” Notwithstand- e me{rllpent wentkon. eg- tertainers came to the front, speakers ap- peared until the rapping of the chair- man’s gavel and a_few brief words ended the fun and all flled out to await the com- ing of another ‘“smokes als No Parade Needed. The Republican parade committée held a meeting Wednesday evening in the Union League Club rooms at the'Palace, H. C. Firebaugh presiding. The report of the committee of five, ap- pointed at the last meeting to confer with the State Central and County commit- tees, resulted in a decision not to have a parade this campalgn—it being the sense of the meeting that the Republican/ outlook was so favorable as not to re- quire any.. It was thought best, how- ever, to preserve ‘the organization, in the hope that it might assist the State Cen- tral and County committees in watching the polls. With this object in view, the secretary was instructed to invite a rep- resentation from every Republican club | in this city to be present at the next| meeting, to be held at the same place, on’ Tuesday evening next, at § o'clock. 0ld Friends’ Ticket. By resolution the Society of Old Friends has decided to complete the formulation of the Old Friends' State and county tick- ing the solo tl lot at e next smoker, to be held No- vember 2, In Washington Hall. | cent decision in the case of PHELAN'S WAIL ON THE SUPREME COURT DECISION Itis Arraigned by Geo. C. Sargent. ISSUE WITH THE MAYOR JUDGES MUST NOT BE SWAYED BY THE PUBLIC. An Answer to the Hefter's Cry to Beat Two Judicial Candidates for Office. George C. Sargent has this to say in regard to the criticisms passed by Mr. Phelan upon the Supreme Court: Editor San Francisco Call: In a recent speech Mr. Phelan says: I do not think that the courts are above criticism, for we have an elected judiciary. Are they to sit in their places of power and say or do what they please without any volce from the people? The people are responsible for the character of the Judges, and when they desert the cause of the people we can bide our time and beat them when ...ey come up for re-election. There are two of them running for office now. Beat them and so uphold the hands of good government. shere is a way of inter- preting the law in favor of the people, and there Is a_way of interpreting it against the people. When a court arrogates to itself the power to say what the lawmakers intended to enact, then the court is arrogating to itselt legislative power and is giving us what is known as judge-made law. Although not clearly ex ressed, the meaning is unmistakable. The court is to take any view of the law which the people at the time wish them to. They are to listen to and heed popular clamor. That Mr. Phelan's audience so under- stood him there is no doubt. His complaint is based upon the re- itch vs. the Board of Supervisors, as a result of which the present Board of Supervisors remain in office. Mr. Phelan and others had ob- tained a judgment ousting them. The movement was inaugurated by Mr. Phe- lan, another gentleman who acted as plaintiff in the suit brought for that pur. pose, and some few others—not more than a dozen in all. That is not enough .to varrant any of them in writing himself We, the people,” and reviling the Judges as deserters of the people when the court renders an opinion adverse to their views. The plaintiff in that action is a temper- ate, law-abiding citizen. He thought he had law for tne judgment he obtained. But as yet he has not been heard to say he wished the court to depart from welil settled rules and decide according to clamor from the outside. So that it does not appear but what **We, the people,” means Mr. Phelan himself. Therefore, even assuming that the court should heed popular clamor, it does not vet appear that the people have spoken. But wish to take issue at the very outset with the speaker upon the propo- sition that the court should heed popular clamor from any source whatever. The Justices are put there to say what the law is; not to interpret it with favor to any side. If the people have a right to be heard In any other rganner through their chosen representative, the Attorney General, they have a right to speak per- sonally, for themselves, and no single on can be excluded from the court. They have a right to J)arude through the halls of justice, as did the Paris mob through the chamber of the National Assembly, and overawe the court by force of num- bers and threats to do what they wish in the excitement of the moment—to do what the cooler judgment of the people might later regret. Nobody with any self- respect can permit this. Every Judge whose name is spoken with honor has refused to be influenced bfi PO clamor, while every one who has hark- ened to it is mentioned with contempt. Mr. Phelan is in error when he says the court has no right to arrogate to it- self the power to say what the lawmakers intended to enact. That is just what they are there for. And that intention, as it has many times been said, is to be as- certained from the words of the law itself; by reference to the law repealed, to see what it intended to abolish and the decisions in former cases. These make a rule of decision which the court cannot choose but follow. It has no right to depart from it even for the ac- complishment of a temporary good, and even though a temporary evil may re- sult. The people of this State have made a constitution which provides that we shall have a Legislature to MAKE the laws; courts to interpret them, and say what they mean (not always easy); and an ex- ecutive to carry them out. When the court departs trom the terms of the law to effect a temporary good, it nullifies it to that extent: and since succeeding courts must follow the construction thus ven the court in effect amends the law. 'his is to trench upon the province of the Legislature and to make, rather than in- terpret, the law. It is impertinent and unlawful. The court has only to say what the law is. If it is wrong, the people will take care of that in the house of their elected delegates—the Legislature. The court is not called upon by the constitution to make law for them; but only to tell them what it is, in order that they may amend it _if it does not suit them. Even a bad law is bindin, ed. It is binding upon the court and upon every citizen. It is the law-abiding spirit which upholds officers and courts in enforcing a statute until changed in an orderx‘y and legal manner which makes self-government a success among Anglo-Saxon peoples, and so difficult among the Latins. Such people allow no law, constitutional or other, to interfere with the })ursult of the present object. He iIs no friend who urges us to follow such examples. Without this law-abidin; spirit, the most solemn constitutions an laws make but a rope of sand; and any- thing which weakens the sentiment, even for the greatest possible temporary good, is a distinct injury to the foundation of our institutions. It is a fact which Mr. Phelan does not mention that not one word of either the main or the concurring opinion in the de- clsion referred to was written by either of the Justices now arraigned. It was concurred in by the entire court—seven Judges. They merely said, “We comcur.” In view of this his condemnation extends to the whole court, and to very single member of it. TIs it likely that all of them deserted the people? Is it -not more like- Iy that one man—Mr. Phelan—is misled b¥ assion, or disappointment, or error of judgment? There is one gentleman in the court who is a Democrat; and whose honesty, good judgment and devotion to his country have never been questioned. Justice Temple, also concurred in the opinion; he said, *“ concur.” Yet for holding the same opin- ion as this eminent jurist, Justices Van ¥leet and McFarland are reviled as be- trayers of the people, who should be.beat- en at the polls. In conclusion, a word or two as to the much criticized decision. The constitution provides that the Board of Supervisors shall fix water rates in February of each year; and that they shall take effect upon the first of July next thereafter. e Legislature added as a penalty, that if the board did not fix the rateés it should be convicted of malfeasance in office and ousted. That suit for that gurpole could be brought by any interested party. The board did not fix the rates in February, but did before the 1st of July, and when the time came there were new rates to go into effect at the time provided by law. On July 15, which was after the duty enjoined by law had been performed, Mr, Fitch's suit was brought. The court said the term “interested party’ means some one who is’ harmed by the failure of the board to act. That when the suit was brought the rates had been fixed, and were in force, and that the plaintiff was, therefore, not damaged, and so not an Interested party Within the mieaning of the law. Before July 1 the old rates were In force. Upon the 1st of July the new ones were ready; so that whoever else might have a ri, Kt to complain, a ratepayer could not, for the simple reason that all he could ask was that he know at the proper time how much ¢ouid be lawfully taken from him for the water used. Mr. Fitch sued until repeal- ular | ADVERTISEMENTS. a FORCE-OUT SALE!}- Owing to the backwardness of this fall's season and tl.»e g_eneral stagnation in trade we are forced to make a deep cut in prices to Liquidate Our Fall Indebtedness! And in order to do so we will commence to single out various specials from the different departments that are sure to bring you to our house, when we will convince you that you can save money by doing your purchasing in our house TO-DAY AND TO-MORROW! 6 Lots, All New, Fresh, Seasonable Merchandise. LOT 1 200 MEN'S ALL-WOOL SUITS AND OVERCOATS, * single and double breasted, choice goods, not a garment in the lot worth less than $10. Out they go while they last for $4.95 LOT 2 300 PAIRS OF MEN'S FINE DARK SHADE WORSTED * PANTS, neat new patterns, all sizes, not a pair in the lot worth less than $2.50. Out they go while they last for $1.25 LOT 250 BOYS' STRONG ALL-WOOL SCHOOL SUITS, * single and double breasted, ages from 4 to 15,in all shades, not a suit in the lot worth less than $3.00. Out they go while they last for $1.45 LOT 4 40 DOZEN MEN'S FINE FLEECE-LINED SHIRTS AND * DRAWERS, also the camel-hair and natural gray, not a garment worth less than 75c. Out they go while they last for 45c LOT 5 100 DOZEN BOYS' FINE FRENCH PERCALE WAISTS, * all different shades and colors, not a one worth less than 50c. Out they go for 25c LOT 6 25 DOZEN MEN'S LATEST BLOCKS AND SHADES * FEDORA AND DERBY HATS, not one in the lot sold for less than $2.00. Out they go for OoO5c THE BALDWIN CLOTHIERS, 924 to 930 Market St. Telephone Main 6654. Al Mail Orders Filled for Goods as Advertised. purely as a ratepayer, and alleged him- self to be such. Briefly given, the above is the gist of DR. MEYERS & CO., s for All Discases of Men. HESE SUCCESS- a long opinion. A controversy between Bt phostcler private persons would have be= decided oAb T aten upon just those principles. It is hardly Sive “practice. & o't necessary tossay that the same rule must apply in all cases. ut there was another fatal objection to the judgment which was pointed out by Justice Garoutte, and which would have caused its reversal if the first point had not. The board had been convicted of malfeasance in office as an entirety—all of its individual members. Conviction of malfeasance in office disfranchises .ae officer forever afterward. Three members had sought earnestly to do their dutv. Yet these innocent thrée were disgraced in law and disfranchised along with the guilty. Such a law is contrary to the code of every civilized nation. It is unconsti- tutional, unjust, outrageous, and no court with any pretensions to fairness of mind would sustain it. Yet it is for failure to uphold this judg- ment and such a law that the Mayor says of two of the unanimous seven: ‘‘There | are two of them running for office now. | Beat them, and so uphold the hands of | good government.” Good government, we | are to infer, consists in punishing all | alike, the innocent with the guilty, and refusing to apply a rule of decision to a case in which the speaker feit a personal interest, which the court would not apply in_any other case. I commend the moral courage of the court that rendered this decision. The de- ciston itself I commend to the voters of the State as the best possible reason for the re-election of the genflemen agalnst whom the above remarks were directed. With such Judges, the fundamental rules of right and wrong at least are safe, but if those whose election Mr. Phelan seeks would uphold such a law we had better t. leave them In relir@aoty ¢ SARGENT. largest and best equipped medical in- stitution on the Pa- cific Coast. They have such confidence their . ability that they will let the pa- tient deposit the price of a cure in any bank or with any business house or newspaper in San Francisco, to ; be pald to them when the cure s effected, 3 87 or will take monthly 4 PO installments if the Established 17 Years. D a tie nt preters. Thousands cured at Advice and private book free. Letters DR. MEYERS & CO., 731 Market YACHTS BOATS. H. ENGELBRECHT, Successor to SAN FRANCISCO LAUNCH cCO., Continues the business of the above company at the same place. Telephone Red 1571 Corner North Point and Stockton Streets. DR. MCNULTY. '1\}1!5 WELL-KNOWN AND RELIABLE OLD Specialistcures Private, Nervous, and Blood Dis- eases of Men oniy. Book on Private DI s and ‘Weaknesses of Men, free. Over 20 y'rs’ experience. Patlents cured at Home. Terms rea_onabie. Hourss to3dally; 6:30 to8:30 ev’gs. Sundays, 10t012. Consul- tation free and sacredly confiden! Call,oraddress Dr. P. ROSCGE MeNULTY, 281, Kearny St., San Francisco, Cal. Munyon's Headache and Indigestion Cure. is the onily remedy on tlLe¢ market that will cure every form of Headache in 3 to 10 minutes, correct Indigestion, stim- home. confidential. St., San Francisco, Cal. German Republicans. An enthusiastic meeting of the German- American Club was held at Norman's Hall Wednesday night. It was declded to hold a mass meeting of German-American | Republicans on Wednesday next, Novem- ber 2, at Turn Verein Hall, Turk street, at which Mr. Gage and Mr. Kahn will speak. German oration will be given by ex-Gov- ernor EA S. Salomon. All German so- Shatiss will be invited. Patriotic addresses | ylate the nerves and bulld up the s de by Mr. Kahn, Dr. B. Paulson, | ys- T e D ddns Groextnger andi|-ews It aliculd bs M every hume und every traveler’s ' ripsack. At all Drug- | gists. 25 cures, 25c. Testores VITALITY v ITA LOST VIGOR, == AND e 'MANHOOD hers. m’l'h‘;- whole Republican ticket was in- dorsed unanimously, amid great enthusi- asm and chee: | NER o) Deane’s Friends Are Active. | The Willlam A. Deane Club of the Twenty-eighth Assembly District held a meeting at its club rooms, corner Folsom ast evening and elected and Spear streets, B the following officers; Willlam McGoni- Pl e ok sion o vee ol i ouc le, president; Thomas Holmes, secretary. box; 8 m,“,""‘""‘sz.so, o T Eoudulive commifien | 2. Eetterson. I e e o i e ot erson, P. Carroll, 8 ica and John' Carroll. 1 Go., Ghinton & Jackson sts., Ghicags, WALLER BROS., 33 Grant ave., San Francisco. William A. Deane Club The regular meeting of the Original Wil- Jlam A. Deane Club was held at oecxer | Hall Wednesday night. The attendance | was so large that the hall was packed to overflowing. The popular candidate for County Clerk made an address which was well received. RUPTURE, USE NO MORE IRON ¥ Hocps or Steel Springs. Rupture retained with ease and comfort, and thousands radi- cally CURED by DR. PIERCE'S Magnetic Elastic Truss. [FCall at otfice orwrite for New Pamphiet No. L. —— TIC ELASTIC TRUSS CO. Sunnyside Independents. MAGNE' ik Stsanysids and Gastip kiaftion: Tnaes | 8 MEsKet & ovp. Pelsts Hoosk éan Feamaface FOR BARBERS, BAK.. ers, bootblacks, bath- pendent Political Club held a meeting at | BRUSHES Bousen. billiasd tables, Haack’'s Hall Monday evening. Speeches were made and arrangements perfected 4 brewers, bookbinders, candy- makers, nners, dyers, flourmills, foundries, laundries, fact for a mass meeting next week. hangers, printers, painters, shoe foten Olympia Club Entertained. etablemen. tar-roofers. tanners, tailors, e The Olympia Republican Club will glve | BUCHANAN BROS., a grand entertainment and ball to-mor- | Brush Manufacturers, 609 Sacramento St row evening at California Hall, 620 Bush _Wn[hfs Imhan VEEetame Plns street. A splendid programme and a good Are acknowledged by thousands of persons who time is promised. have used them for over forty years to curs . SRS T The Students’ Club. The Students’ Club held. a large and en- | Si HEADAC thusiastic meeting at its hall, 20 Hunt | TION, Torpld xf&r,“%fifl"fiism‘mco."gflifii street, last evening. Assessor ‘Siebe ap- | and purlfy the blood. peared and addressed the meeting. Other [}Pnssma]l’s Snwfic Mlxmm speakers were Judge Groezinger and Mr. | With this remedy percons can cure them: eintz. ————— Republicans at Saratoga Hall. The Thirty-ninth District Republican Club will meet at Saratoga Hall this even- | J¢iVes Without the least expos ochange_of ing and will listen to an explanation of | Sief oF pplication to business, The the Maguire single tax theory by H. 8. | L hcine contains nothing of the least Injury conetitution. Ask your e.