The San Francisco Call. Newspaper, December 10, 1898, Page 6

4 THE SA BLIZZARDS IN MIDDLE WEST AND SOUTH Cold Weather and Very High Winds. MUCH DAMAGE REPORTED BUILDINGS WRECKED BY THE STORM AT OGDEN. In Colorado and Nebraska the Tem- perature Is Very Low—Cattle ‘Will Suffer Greatly in . Texas. Speclal Dispatch to The Call. OGDEN, Dec. Ogden has been for the past twenty-four hours in the throes of the wildest windstorm which has ever swept over the city. It extends from Collinston, forty miles north, to Salt Lake on the south, and has been the means of causing thousands of dol- lars of damage during the time it has been raging. From 1 o'clock last night until 10 o’'clock this morning the greater part of the damage was done, and there is no part of the valley which is ex- empt. The storm began at about 6 o’clock last night, but did not assume serious proportions until about mid- night, when the wind became a gale. Toward 1 o'clock it reached a velocity estimated at from fifty to sixty miles an hour and among the buildings dam- aged were the plant of the Union Light and Power Company, which is damaged about $3000, and the Sacred Heart Acad- emy, which was damaged by the blow- ing in of the east end to the amount of $2000. The end of the Chapman House, a big hotel, was blown out. The entire service of the electric light company was blown out; the telephone system was destroyed by contact with the electric light wires, as was the fire alarm system. For twenty lcurs the city was at the mercy of the fire fiend, because there was neither a telephone nor city fire alarm. This morning after 2 o'clock the city was in utter dark- ness, and though the power was still on the wires of the Union Light and Power Company were so badly broken that after daylight the works were closed down because of the danger to the public from the loose live wires, ‘which carried a power of 2500 volts. To- night things are in a little better shape, but the city is still practically without lights and the gale is again strengthen- ing. It has been bitterly cold during the whole time. Plate-glass: windows ‘were blown cut and houses biown down. The damage to the city property will reach 000, DALLAS, Tex., Dec. 9.{-Texas was blizzard-swept last night \and to-day. All kinds of weather, rain, hail, sleet and a driving wind, have prevailed. The snowfall in Western Texas and the Panhandle district is very!heavy, and traffic has been delayed or stopped. Fourteen inches are reported from some places in the Panhandle, while in Northern, Eastern and Central Texas the fall is about four inches. All unpicked cotton will suffer great- ly, but the snow almost assures a fine wheat crop, of which cereal there is a largely increased acreage. To-night it is clear and cold. the tem- perature having fallen several degrees since morning. It is the earliest bliz- zard in Texas for a number of years. No losses of live stock have yet been reported. Reports from the Indian Territory say the storm in that section was very severe. NEW ORLE.LNS, Dec. 9.—The weather throughout this State, Missi: sippi and North and Central Texas during the past twenty-four hours is the worst experienced in December for many years. Specials from the terri- tory named report rain, sleet and snow and high winds, followed by freezing weather. The cattle ranges in South- west Texas are in bad condition be- cause of a drought during the summer and the Ic S to stockmen will be quite heav +DENVER, Colo., Dec. 9.—With a tem- perature of 19 degrees below zero Den- ver was the coldest place in the United States this morning, with the single exception of Valentine, Neb., which re- ported a record of 20 below. At Chey- enne, Wyo., it was one degree warmer than in Denver. The weather is fair. but the indications are that it will not be much warmer for a day or two. OF INTEREST TO THE COAST. Federal Judges ¥et Trying to Change Postoffice Plans. WASHINGTON, Dec. 9.—Notwith- standing the statement of the super- vising architect that no further changes will be made in the San Francisco post- office buliding, efforts are still being made by Federal Judges to secure a modification of the plans. Senator Per- kins to-day submitted to the architect blue prints showing plans of court rooms as cesired by Judge Morrow and others. : Pensions Fave been granted as fol- oW Original—Arney L. Weddle, Hanford. $10 (ten years' service); Ah Choo. Val- lejo, $8; Christopher Specht, San Fran- cisco, $8. Reissue and increase—Edwin Pratt, Fowler, $6 to $10. Oregon—Original widows, etc.—Nancy N. Craig, Lent, $8. e Raced in the Rain. NEW ORLEANS, Dec. S.—Track heavy; rain First race, selling, six and a half furlongs— Double Quick won, Jim Hogg second, Locust Blossom third. Time, 1:30. Second race, seven furlongs—Judge M: o Jennie F second, Friskal third: Time, “Third race, selling, won, Leo Time, 1:37. seven furlongs—Sorrow e second, Tole Simmons third. Fourth race, selling, one mile—Joe Shelby e Bequeath second, Xalissa third, Time, :52. Fifth race, six furlongs—Lady Call han Bridget ‘second Dorah Wood third. T lal Time, ADVERTISEMENTS. Pears’ Pears’ soap is dried a whole year. That’s why it lasts so. PLANS FOR THE INVUGURAL BALL Politics Forgotten Sacramento. at EAGER TO HONOR MR. GAGE | ALL FACTIONS JOIN HANDS FOE THE EVENT. Large Delegations Expected to Be Present From San Francisco and Other California Cities. Special Dispatch to The Call. SACRAMENTO, Dec. 3.—All political factions have joined forces in an ef- fort to make the approaching inaugu- ral ball in honor of Governor-elect Gage a memorable event. Democrats have united with Republicans and the recent differences between the Mayor and the original committee of citizens as to who should conduct the ball have apparently been forgotten in the reso- lution to make the new Governor's in- duction an occasion'of social brilliancy. A committee headed by Thomas Fox, a well known Democrat, started out | this afternoon to sell tickets at $10 each and met such success as to encourage | the belief that plenty of money will be forthcoming. Mayor Land said to The Call correspondent this afternoon that it was desired to raise between $3500 and $4000. “I can say one thing positively,” said Mayor Land, “and that is the ap- proaching inaugural ball will be one of the very finest ever held in Sacra- mento. All my committees are ener- getic, and will leave nothing undone that will help bring about the result | for which we are striving.” Those persons in outside communities ‘who expect to receive invitations in ad- vance of the purchase of tickets will be disappointed, the committee having | wisely decided to give everybody who | desires to attend the ball an equal | chance, the only requirement being that of respectability. Tickets will be placed with sub-committees at San Francisco, Oakland, Los Angeles, Stockton and other cities, from which they may be purchased by out-of-town people desiring to attend the first so- cial event of the new Republican ad- ministration. A large delegation is ex- | pected from San Francisco, while it is | believed that many of Governor-elect Gage’s friends in Southern California will desire to take part in the ball. Especial attention is to be given to the supper arrangements, and the mis- takes of past years in the handling of crowds will be avoided. It is recalled by old-timers here that Governor Wat- erman did not get anywhere near the supper table at his ball, while at the event in honor of Governor Budd the crush was so great that several women fainted and half the dancers were not properly served. Mayor Land declares that the ar- rangements for the supper, for car- riages and all other details will be as near perfection as possible. The great Capitol building will be brilliantly illuminated on the evening of the ball, which, it is now announced, will be January 9. Both the Senate and Assembly chambers will be cleared of their desks and the floors canvased for dancing, and there will be full orches- tras in both chambers and a concert band in the rotunda. The music com- mittee is talking of offering a minuet as one of the features of the ball There seems to be some uncertainty at present as to who should make the first move toward planning for the ceremony of the inauguration. Owing to the demands made by the Govern- ment upon the military within the present year there is now but one full company—Company G—in Sacramento at the present time, although it is ex- pected that Company E will have been reorganized by the time the ceremony is to take place. No applications have vet been received at the adjutant gen- eral’s office from companies desiring to participate, and in the absence of both Governor Budd and Adjutant General Barrett no Information is obtainable here as to what part the military de- partment of the State intends to take in the Inauguration. Mayor Land, meanwhile, has taken no action, pre- ferring to wait until the State indicates what it proposes to do. BUFFALO BREAKS DOWN. Sb the Cruiser Puts Into Old Point Comfort for Repairs. NEWPORT NEWS, Va., Dec. 9.—The auxiliary cruiser Buffalo, which sailed from New York with 9% troops for Ma- nila, arrived at Old Point Comfort this afternoon. The Buffalo broke down soon after starting for sea and comes here under orders. — ARGENTINA CAVALRY JOINS THE REVOLT Government Senis Another Ex- pedition Against the Muti- neers and Defeats Them. Special Cable to The Call and the New York Herald. Copyrighted, 1895, by James Gor- don Bennett. BUENOS AYRES, Argentina, Dec. 9.— The Herald's correspondent gt Monte- video_reports that a third regiment of cavalry, which was marching to the Bra- zilian frontier, revolted yesterday. The Government sent another expedition against the mutineers and defeated the rebels near Cerro Largo. CORNER ON SCREENINGS. ST. PAUL, Minn., Dec. 9.—Several large commission firms, acting with prominent Twin City millers, have secured a corner on wheat screenings and control all of this product in the Northwest. They have already raised the price per ton from $5 to $8 50, making it impracticable for Westérn ranchers to send their sheep to St. Paul to be fed during the winter months., Over 100,000 shep have been di- verted this month to the corn belt in Towa and Nebraska instead of being sent | here for their winter feeding. The cattlemen anounce that If the screening trust continues until next sum- mer they will ship all their livestock past St. Paul and feed them on cornmeal in- stead of screenings, as the? find it much more profitable at the price now being asked. for Minneapolis screenings. This feeding business has been built up in the last half-dozen vears until now sheep are wintered in this vicinity. The railroad men as well as the stock yards Penple are up in arms against the screening combination. ——— A Bailor’s Fatal Fall. John Wilson,. a sailor on the schooner Webfoot, lying at Channel street, between Fourth and Fifth, attempted to go on board the vessel about 11 o'clock last night while he was in an intoxicated con- dition. He lost his footing and feil to the deck. His mates heard his body strike the deck, and hurried to his assistance, but he was dead when they reached hi; The body was removed to the Morgue. Wilson was 50 years of age, and was not known to have any relatives in this city. ! FRANCISCO' CALL, SATURDAY, DECEMBER 10, CHANGES IN THE WAR REVENUE ACT Commissioner Scott’s Recommendations. |WOULD MODIFY SCHEDULES AND STATEPLAINLY WHOSHALL PAY THE TAX. Many Modifications of the Adminis- trative Features of the Bill Are Deemed Nec- essary. Special Dispatch to The Call. I WASHINGTON, Dec. 9.—Chairman Dingley of the Ways and Means Com- mittee has received a communication from the Commissioner of Internal | Revenue, N. B. Scott, recommending a | number of amendments to the act of | June 13, 1898, known as the war revenue | act. The recommendations cover changes of an administrative character under schedules A and B, also for the monthly payment of excise taxes on sugar refineries and for a penalty for failing to stamp parlor car tickets. Fur- ther provisions are suggested as to the| examinations by internal revenue offi- cers of articles subject to internal rev- enue taxes. Commissioner Scott advises that the clauses providing for the stamping of telegraphing dispatches and receipts of bills of lading for freight and express packages be so amended as to make it definitely certain wh shall affix and pay for the stamp. The clause imposing a tax on com- mercial brokers the commissioner re- gards as a discrimination against such brokers, and he recommends that it be repealed or amended so as to inciude produce and merchandise commission merchants, auctioneers and real estate agents and brokers. The removal of the stamp tax on mortgages is recommended, inasmuch as there is a stamp tax on promissory notes and the taxing of mortgages given to secure such notes results in double taxation, falling on the debtor class. The Commissioner also urges that if brokers pay the special tax required under the law, they should be relieved of the stamp tax under the head of “contracts,” which is a tax on all notes or memorandums of sale by brokers. The paragraph imposing a tax of 10 cents on “certificates of any descrip- tion required by law” has occasioned more difficulty in its construction and application than any other provision in schedule A, the commissioner says. and owing to the uncertainty as to what cértificates are taxable, he recom- mends the repeal of the paragraph. Commissioner Scott also recommends numerous changes in other schedules, and many modifications of the admin- istrative features of the act. SENOR RIOS ACTED UNDER INSTRUCTIONS | LONDON, Dec. 10.—The Madrid cor- respondent of the Standard says: Se- nor Montero Rios acted under instruc- tions from the Government when he declined to accede to the American demands concerning the Carolines and intimated a desire to close the negotia- tions. Both the Government and the press approve his action and protest against the conduct of the United States. Everybody in Spaln is pleased that the negotiations are ended, because all had been apprehensive that fresh preten- sions on the part of the United States would be sprung upon the Spanisi Peace Commissioners at every sitting. ———— PACIFIC CABLE BILL TO BE GIVEN AN EARLY HEARING House Committess Instruct Ben- nett to Call It Up at the Earliest Opportunity. WASHINGTON, Dec. 9.—Representa- tive Bennett of New York has been In- structed by the House Committees on Interstate and Foreien Commerce to call up the Pacific cable bill at the first opportunity. The bill, however, car- ries an appropriation and it will be difficult to get it before the House with- out the intervention of the rule setting a time for its consideration. The bill was reported last March by Representative Bennett. It grants a subsidy of $100,000 a year for twenty years to the Pacific Cable Combpany of New York, on condition that it give proof of its ‘ability to lay the cable and have it in operation from San Francisco to Honolulu by January 1, 1900, and to extend to Japan and China in one year more. TROTTING ASSOC!ATION PUNISHES FRAUD Decisions rendered in Cases of #Ringer” and Horses Not Driven to Win. NEW YORK, Dec. $—The board of re- view of the National Trotting Association to-day held an executive session lasting six hours, at the conclusion of which the announcement was made of decisions ar- rived at by the board. On an application made under the rules for an explusion order decreed against the late R. G. Stones of Kentucky and the acer Oakland Baron, which case has een before the board at all of the meet- ings within_the last two years. ';he board on comJ;lalnt of Frederick Sechtem of Portland, Or., expelled from membership the presldent, vice president and secretary of the State Board of Agri- culture of Salem, Or. The names of the expelled officials were not made public. xpulsion was the sentence meted by the board to J. M. Key of Pittsburg, Pa.: W. C. McKibbon, Newcastle, Pa.; Fred Jameson, Butler, Pa.; President Stregg, Youngstown, Ohlo, and the bay mares Kittie and Olive B, alias Kiudy 3 The bay mare May B, allas G D, with a record of 2:16%; Martin Tyson of Mont- of Worcester, Mass., were expelled. It was shown that Hamlet bought the mare from Tyson and raced her on Southern was finally detected at Holyoke, Mass., this year, when the horse was driven by ¥red Davies. On the charge of “ringing,” . A. val- entine of Grove City, George Byers of Ohlo and the bay mare Chiloco merly Arthur Etta) were expelled. J. H. Moore, alias George Moore, o Milwaukee, Wis., and 8. F. Allen of the same place, t{ne bay mare Morgan, (for- alias Kalmia (2:17%) were expetied. It was shown that Kalmia was cam- paigned through most of the Eastern tracks as Morgan. it was decided to substitute a fine of $500 gomery, Ala., and Driver W. H. Hamlet | and Western racecourses as Mary B, and | LACK OF SLEEP BEGINS TO TELL Six-Day Riders Become Childish. DEVELOP PECULIAR FREAKS HAVE TO BE HUMORED BY THEIR TRAINELS. Miller Falls Behind His Record After Midnight, but Still Is Far in Front of His Oppo- nents. Special Dispatch to The Call. NEW YORK, Dec. 10.—Before mid- night Miller had beaten the world’s rec- ord, made by himself a year ago, anmd his friends believe that he will be able to remain ahead of his own record until the six-day bicycle race is ended. A large crowd thronged Madison-square Garden all day and at midnight thou- | sands of enthusiasts remained to cheer on the jaded six-day riders. 2 Miller began to gain on his opponents early in the evening and at 8 o’clock he was only five miles behind his record of 1897. He then left the track, remain- ing off about thirty-five minutes. At 9 o'clock Turville withdrew from the race with 1235 miles to his credit. At midnight Miller had 1789 miles and 6 laps to his credit, about five miles ahead of his record at the same period last year. Waller, the second man, had 1749 miles and 8 laps to his credit. He took about a half hour’s rest to-night and when he returned to the track ap- peared to be in good condition. Lack of sleep began to show its effect on the men yesterday. Lawson awoke from a sleep on his wheel and wanted to know why he was riding a tandem. His trainer brought him to his senses with a little ammonija. Stevens became stubborn and refused to obey his train- er. He refused point blank to go on the track until his trainer humored him | by giving him a new pair of tan bicy- cle shoes. Other racers showed child- ishness in their ways. Waller's trainer is afraid Waller has little chance of or winning unless Miller should fall weaken. The scores at 2 a. m. were: Miller . Waller .. Pierce Albert Gimm . Lawson ‘While Miller was ahead of his record at midnight, he was three miles 140 yards behind at 2 a. m. BALTIMORE, Dec. 9.—Chairman Mott of the racing board, L. A., W. announces in his bulletin issued to-day that the riders competing in the big six day bicycle race at Madison Sauare Garden, New York, are fined $50 each | and suspended from all L. A. W. tracks until such fine is paid. Madison Square Garden is taxed $1000 for permitting the race to be held on its track and is sus- pended from the sanction privileges of the league until the fine is paid. g Maher Bests Dunkherst. PHILADELPHIA, Pa., Dec. 9.—Peter Maher bested Ed Dunkhorst in a one- sided six-round go at the Arena to-night. ! Maher did most of the landing, and in| the second round sent the Syracusan to the boards twice. In the fifth round a hard left on the jaw sent him down again, | but the bell sounded before the ten sec- | Maher went at his man in the sixth in hurricane fashion and landed almost at will, but Dunkhorst managed to last out to the end. MADRID EDITOR ON THE VERGE OF LUNACY Declares the Americans Blew Up the Maine in the Interest of the War Party. MADRID, Dec. 9.—The Imparcial to-day publishes another inflammatory article on the subject of the Maine charges. The paper Intimates that the explosion was the outcome of an intense desire upon the part of certain factions in the United States to see the outbreak of war, which was popular with the majority of Ameri- cans. The Imparcial adds: “‘The partisans of the war realized that something startling was necessary to arouse the national sentiment—it was a remarkable chance. Almost all of the Maine's officers were on board of another ship at the time of the catastrophe. Those who chs.rfed the Spaniards with bein capable of such a monstrous act are well capable of committing it themselves.” n concluslon the Imparcial says: “Spain cannot remain under such an in- famous charge. It would be preferable to give the world the spectacle of na- tional suicide.” PETITION TO STOP THE TRIAL Continued from First Page. onds were up. ist, cannot punish an offender who is accused as Mrs. Botkin, then the neces- sity of some remedy presents itself at once. For these reasons Mr. Harper | and those who indorse his action make this plea for an immediate determina- tion of the issues involved. As already indicated, Mr. Harper seeks no per- sonal notoriety. He has become plaint- iff to an extraordinary legal proceed- ing simply because an extraordinary series of circumstances demanded it. He has taken from the defenders of Mrs. Botkin their promised surprise in the case, and as a citizen and a tax- | payer of this city he stands as a repre- sentative for the hundreds of thousands of people who wish to determine not simply whether or not their money shall be uselessly expended, but whether or not they are living under laws that are inadequate to punish the ‘worst of assassins. Mr. Harper’s petition for a writ of prohibition will unquestionably become one of the most celebrated documents | ever filed in this State. It is the first legal attempt that was ever made to decide the questions that -necessarily arise from such a crime as the murder of Mrs. Dunning and Mrs. Deane. There has never yet been a case in the United States where these questions have been | legally answered. The problem of in- terstate comity and of extradition | within interstate lines has never been solved. The petition of Mr. Harper, through the action of the Supreme | Court of this State, may bring the so- | lution. As already indicated I J. Tru- | man, the Treasurer-elect, is heartily in 1898. sympathy with Mr. Harper's plan. Mr. Truman would have fathered the peti~ tion himself were it not for the fact that he is an officer-elect of the city and feels a natural delicacy in interfer- ing in anything that might seem to re- flect official action. ~Asa R. Wells is in the same position. He emphatically in- dorses Mr. Harper's petition. and, with many others, hopes to see the speedy solution of the two great questions in- volved in that petition. ‘When Mr. Harper files his application for a writ of prohibition this morning. he will make ‘he Superior Court and Judge Carroll Cook defendants. Mr. Harper will recite that he is a citizen | and a taxpayer of ti.is city and State. He will assert that as such he is bene- ficially interested in the administration of the law in this State. Particularly 80 in the conduct and prosecution of criminal actions. He will declare that as a eitizen he {s interested in the prop- er and lawful expenditure of money. This will, .it is believed, give Mr. Harper a legal standing in the Su- preme Court. It is probable that never before has a person, ostensibly uninter- ested in the Issues of a case, interjected himself in this way. Mr. Harper will, however, claim his right to do so under the common law. He will then recite the salient inci- dents of the Botkin case as the public understands them. He will speak of the indictment by the Grand Jury and of the ‘assignment o® the case to De- partment 12 of the Superior Court. Mr. Harper will then make his primary al- legation that the Superior Court has no Jjurisdiction in the matter. He will de- clare that the indictment under the authority of which Mrs. Botkin is being tried charges no offense under the laws of California. Mr. Harper was seen last night and he asked that this point be particularly emphasized. He does not wish it to appear, even by an insin- uation, that he is associated in any way with the defenders of Mrs. Botkin. He wishes it to be understood that, personally, he is not concerned with Mrs. Botkin's affairs. He is bringing this suit simply to determine these two questions of general public in- terest. In denying the jurisdiction of the courts of California, Mr. Harper and his attorney, Louis P. Boardman, seek only to raise the question of auth8rity and to determine Where a person accused of such a crime as Mrs. Botkin has been may be tried. Mr. Harper will, therefore, ask the Su- preme Court of the State to issue a writ of prohibition to restrain Superior Judge Carroll from proceeding with the trial of Mrs. Botkin and to appear in person and show cause why he shall not be restrained from all further pro- ceedings in the case. This most extraordinary petition will be presented to the Supreme Court this morning, and the appellate tribunal will be asked to take immediate action. 51| If the writ of prohibition be issued by | the Supreme Court the trial of Mrs. Botkin will not proceed on Monday morning. The matter, as already de- scribed, has created- a great deal of interest. Many of the prominent men of this city, merchants, lawyers and professional men generally, have discussed it. I. J. Truman, president of the Colum- bian Bank and Treasurer-elect of the city, said: “I think a proceeding, if it could be brought in a higher court which would test immediately the juris- diction of the Superior Court to try the case against Mrs. Botki~ ought to be instituted in order to save the great loss of money to the city which will follow the trial of this case. I think such a proceeding highly commendable and it should receive the general sup- port of every interested citizen. It has been stated with a good deal of posi- tiveness that the California courts have no jurisdiction to try Mrs. Botkin for murder. If this is so that proposition should be established at once and as- certained as a preliminary matter be- fore this trial proceeds. The question of the guilt or innocence of the defend- ant cuts no figure; the question is whether or not we are having a judicial trial of the case which will effect some beneficial result. I would lend my own name to the furtherance of this object except for the quasi official position which I now hold.” Asa R. Wells, the Auditor-elect, ex- pressed himself in a manner similar to Mr. Truman. He believed that the trial should be arrested if a vital point affecting the jurisdiction of the court was a question of serious doubt and consideration. T. J. Parsons, president of the Del Monte Milling Company, stated that in view of the comment made and opin- ions printed in the different news- papers he had given the matter his pre- vious consideration. He said: “I think this matter should be tested now in the courts if the thing is possible. Any citizen who possesses the requisite qualifications of citizenship should be encouraged in seeking, by any method, to have so important a question solved. The trial of this case may be extended and the expense may assume large pro- portions before the end is reached. It would be a misfortune if the case must pursue its lcng and expensive way through the courts in order to deter- mine a matter which is so simple, yet 80 essential.” F. W. Dohrmann, president of the Merchants’ Association, sald that he thought the questions involved ‘were questions of law for the courts to determine, and while the Merchants’ Association looks with favor upon any enterprise or proceeding which tends to promote the public good, he hardly thought that the present matter was one for official cognizance by that asso- ciation. He thought, however, that the question of jurisdiction should be de- termined in advance of a long and ex- pensive trial. e A REMEDY FOR DEFECTIVE LAWS Botkin Case May Bring About a Much-Needed Federal Statute. The legal phases involved in the Bot- kin murder case form the principal subject of discussion among the law- yers of this city. The guilt of the par- ticular defendant is not a matter of great ccncern with the attorneys, but the peculiar circumstances of the con- ception and execution of the atrocious crime and the inefficiency of our law to reach the defendant if she is guilty suggest a much-needed and speedy re- vision of our criminal laws. Under the statutes of California Mrs. Botkin must either be found guilty of murder in the first degree or discharged, even though the jury is morally certain of her guilt. In several Eastern States, where the evidence does not justify the death penalty, though guilt be un- doubtedly established, the jury can re- turn a verdict of manslaughter in a murder case. The California statute expressly specifies that a person found public’ —_— guilty of causing another's death by administration of poison is guilty of murder in the first degree, and the Jury can only modify the penalty by substituting life imprisonment for hanging. Prominent members of the Bar Asso- clation who followed the futile attempt to extradite Mrs. Botkin are now deeply interested In the resuit of the trial, and a concerted effort is to be made to cor- rect our State laws and also to secuve if possible the enactment of a Federal statute which will meet just such a con- tingency as the one in point. Mrs. Botkin's extradition was prevented on | constitutignal grounds, her claim being | | that she could nct be a fugitive from | | Justice .n Delaware when she had never | been in that State. Her contention »2s | sustained by the Governor and the courts. An attempt was made to get the matter into the Federal Court, but that tribunal had no jurisdiction. To | remedy this legal anomaly, it has been declarca by many able jurists, a consti- tutional amendment was required. To esecure such an amendment is a cumbersome, tedious and almost Inter- minable procedure and lawyers did not feel 1nclined to take the matter up. Now an eminent jurist has come iorward with a remedy which is considerci efficient by his fellow-attorneys. The plan suggested is for the Bar As- sociations throughout the country to unite in petitioning Congress to pass a Federal statute empowering the| United States District and Circuit courts to sit as committing magistrates, as it were, in extradition cases. and. after inquiring into the merits and evi- dence In the case, the defendant can be remanded to the State reauesting extradition, if the probable guilt of the defendant is shown. Congress wiil also be asked to give the Federal courts the same Jurisdiction in criminal cs that they have in civil suits. Shot.(such a statute be passed criminals could not escape extradition and also evade pun- ishment for crime because of the inef- fective laws of the State in which they were domiciled when the act was com- mitted. Where two States have apparently equal jurisdiction the Federal court may assign the case for trial in the State which would cause the least in- convenience to witnesses, or the Fed- eral court which examines into the case in the first instance could try it. This plan has been discussed at length by a score of prominent lawyers, and they have about decided to get the subject before the present session of Congress if possible. CHEMISTS DIFFER ON THE ARSENIC Dr. Wolf and Thomas Price at Vari- ance on the Poison in the Candy. General interest in the Botkin case centers on the gulilt or innocence of the accused woman and the probable out- come of the trial. The chain of evidence forged by the prosecution is very strong, theoretically, but the defend- ant’s attorneys are so confident of win- ning that they do not intend tb put any witnesses on the stand except the defendant herself. Mr. Knight claims that the falflure on the part of the Delaware authorities to perform an autopsy alone destroys the people's case. He declares that every law book in the country will support this conten- tion. He has dug up an endless num- ber of poison cases where the court has warned the jury not to find a verdict of guilty when the stomach and intestines of the deceased had not been analyzed for polson. Another weak point in the case of the prosecution is the character of the ar- eeniec found In the candy. On this point the prosecution’s own experts hold Gi- vergent opinions. Dr. Wolf, the Dela- ware chemist, declares the arseni: :1'35 cnemically pure or _crystallized, and Proiessor Thomas Price, the local analyst, maintains with equal positive- nxelss! that the poison found was com- mercial or pulverized arsenic. The only manner in which the opinions of the:sti noted chemists can be reconciled wil be to demonstrate that both kinds of arsenic were used by the pmsunfz_ri Clerk Grey of the Owl drug store will establish beyond all doubt that Mrs::i Botkin bought pulverized arsenic, an the prosecution will attempt to Gho‘; that she also purchased crystallize arsenic from David Green at the Star drug store. Green, however, cannfiol positively Identify Mrs. Botkin or ix the date on which she is supposed to have secured the polson from him. N L e RAIN AND SNOW IN SOUTHERN CALIFORNIR Heavy Downpour Reported .Fron Poings Below ‘fehachapi Mountain. RIVERSIDE, Dec. 9.—Rain began fall- ing last night, and continued most of to- day. During the forenoon there was a heavy fall of snow, which covered the hills and mountains in the vicinity of this city. Snow fell for two hours in the city, but melted as fast as it fell. In Perris and the San Jacinto Valley snow fell to the depth of four inches. The rain- fall here amounted to .26 of an inch up to 4 p. m., making a total of .29 of an inch for the season. The rain W needed by farmers atid cattlemen, crops were dried up and grass could not grow. The indications for a continuance of the storm are good. SAN DIEGO, Dec. 9.—Coplous rains have been falling throughout this county since midnight, accompanied by thunder and lightning. A foot of snow fell at Cuyamaca, where it is still snowing. At 10 2. m. a waterspout was seen ten miles oft Point ‘Loma. Shortly afterward there was a cloudburst in Rose Canyon, near the foot of Soledad grade, damaging the Santa Fe tracks. A wrecking train has been dispatched to repair them. At many inland points the precipitation aggregates nearly two inches. The fall in this city up to noon was .69 of an inch. There were brisk showers during the day, with a prospect of heavy rain to-night. LOS ANGELES, Nov. 9.—Rain fell to- day in many parts of Southern California, and the indications are for a heavy rain to-night. At Riverside considerable pre- cipitation has been had. and along the coast at San Pedro and Long Beach there has been a fall of three-quarters of an fuch. WOODLAND, Dec. 9.—About 4 o’clock yesterday afternoon the wind began to blow a gale from the north. It increased in velocity until it assumed the propor- tions of a storm, which continued throughout the night and which for vio- lence has not been surpassed this season. All day the weather has been cold and raw and exceedingly disagreeable, but the wind somewhat abated late this after- noon. Farmers and fruit growers are in- clined to take a despondent view of the situation. If the cold, dry weather and the frost continue the fruit crop will be short, and possibly a total failure. With the farmers feed is already short, and with less than two inches of rain and Christmas soon at hand, the outlook is anything but encouraging. ANGELS CAMP, Dec. 9—The Utica Company closed the Stickle mine and mill last night after a run of a week. Scar- city of water is given as the reason, and unless heavy rains fall at an earlydate the Utica mine and mill®will be closed. This will throw 400 men out of employment. SAN BERNARDINO, Dec. 9.—Rain fell here to-day and weather conditions glve promise of more. The mountains are covered with snow and reports of rain from all over the county are coming in. The rainfall for the season has been only .81 of an inch, the least showing for the past twenty-eight years. PRESCOTT, Ariz., Dec. 9.—After several days of threatening weather snow com- menced falling here last evening and has continued ever since, with prospects of a big storm. It is welcome, as water is commencing to get very scarce, and_the rallroads have been compelled to haut water for their engines. ADVERTISEMENTS. --E-i-E-0-0-0-NEs WEAK MEN, Young or 0ld, %"r 4 DR. A. T. SANDEN 702 Market Btreet, Corner Kearny, San Franciseo. m.; Sundays, 10 les, Cal.. 232 West 3 shington Office hours, 8 a. m. to 8 to 1. Branch Los Angal Second street. and, Or., as street; Denver, ., 931 Sixteenth Dallas, Tex., 285 Main street; Butte, 110 North Main street. Suffering from Drains, Losses, Weak Back, Varicocele, etc., I say to you, as man to man, as physician to patient, DRUGS NEVER CURE. Why not use Nature’s own simple remedy, ELECTRICITY, ‘With my Electric Belt and Supporting Suspensory? I cured 5000 last year. Book, “Three Classes of Men,” explain- ing all, sent sealed, free, upon request, or, if you live near by, drop in and con- sult me, free of charge. * * NOT IN DRUS STORES. Dr. Sanden’s Electric Belt 15 never sold In drug stores nor by traveling agents; only at our office. street; Mont., #--a-a-EEN-u-u-E-u-a-8-N-as-eua A gentleman, whose business is a constant strain upon his nerves, relates that one night recently he was unabie to sleep. On previous occasions he had observed a bene- fit arising from the use of Ripans Tabules. - On this particular occasion, believing that heroic measures were necessary, ke look three. The result was really surpris- ing. The effect was as quieting as though the medicine had contained a narcotic, which every one knows it does not. There was an immediate feeling of ease, rest and quiet, extending in a few minutes over the entire systemy and sleep came as naturally as to a child.