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THE SAN ¥RANCISCO CALL, WEDNESDAY, FEBRUARY 8, 1899. ' OAKLAND'S WATER |HELPED DESTROY MAY SOON COST AS MUCH AS RENT Consolidation of the Two Rival Com- panies at Last Effected and Com- petition Excluded for Years. . The New Concern to Be Capitalized at Nine Million Dollars—Directors Agreed and Only Waiting on Action of Stock- holders. OAELAND, Feb. 7.—There is now but one water company in Oak- land. The consolidation has at last been effected, and now nothing re- mains but for the stockholders of the Contra Costa Company to ratify the action of the directors. The deal was closed last evening and the result was very apparent on the Stock Exchange to-day when the stock ran up to figures unpre- cedented in years. consolidation cannot time, and as the water once the import | the stockholders will be only too glad to accept the conditions that make competi- tion in the water supply of this city an impossibility for many years and perhaps for all time. The plan of consolidation capitalizes the combined companies at 0,000. wde up of the Oakland com- the Contra Costa bonds, the of stock issued by the 7, and the remaining its treasury, now turned over | vard, Dingee and their partners. ns of the two | _In a few days the office of the Oakland e plant recently | Water Company will be closed and all the | by the Contra | business will be transacted by the old P g Contra Costa Company. The competition | ual report of the that has been in existence for four years | closed on the first of the year, when the | companles commenced to charge under | the new ordinance. The indifference mani- fested by the companies when dissatis- faction was expressed was taken to mean that there was no likelihood of rate cut- | ting and this indication is now proved to | have been absolutely true. The annual meeting of the Contra Costa Company will be held in April, and there | will undoubtedly be many changes in the management. About two years ago, when competition was at its height, Contra Costa stock fell from par to $30, and there | was great fear that Hayward would get in and obtain a majority of the stock at the low _figures. This was feared by | Messrs. Prescott, Tom Brown and Whit- tier, and they at once formed a large composed of a controiling amount of worth only con- $8000 the ool, | the | stock, and agreed that under no condition On | should any of such stock be disposed of excilement | for two years. At the annual election last | e omeW 0 | April the pool, which was friendly to the and of course retained ntrol. Next month this pool goe tence, and as the 30,000 sh Pierces, voted, d happened out of es that | the | | B now passed into the control of ;Hd}'ward and Dingee will be voted, result cannot be foretold at this time. Contra Costa stock fell to & s were tionately ck reached $30 the rates were With stock at $63, 40 per cent . | was again added to the rates, Should the stock reach par and rates rise in the same proportion, water will cost as much as rent. O+0+040404040 ¢ doubled. all the detal no doubt t u ere T0 SUE THE MAN HE AIDED Palace Hotel, regarded the acqua(n(ar‘.ce‘ as desirable. Mr. Smith encouraged the | r in these ideas and finally when | time was ripe and the New Yorker's | purse was low, he induced Mr. Montague | th $200 in the coin of the land | s on December 17 and Mr. Smith | drew a draft on the State Bank of Hart- | ford, Conn., to be paid on sight or order, | which the San Francisco lawyer cashed. | Nine days later Mr. Smith wanted more | money and evidently believing in_holding | on to a good thing, drew up a draft for | OBLIGED H. D. MONTAGUE CAUSES J. MOR- GAN SMITH'S ARREST. York Induces a Local Lawyer §&0, this time on James J. Goodwin of | + Wi i New York. | to Part With His Cash. This tos the accommodating lawyer | - — cashed. On that day, December 28, was presented the first draft for payment, but it was returned dishonored, the excuse being that Mr. Smith had no money to his | credit in the bank named. Of course there some mjstake and Mr. Goodwin of >w York was communicated with. Here again was another disappointment, for Hardly | Mr. Goodwin’s reply, so far as can be e the | learned, that before Mr. Smith left | gue, the | the East odwin told him not to at- | indebted. | tempt _to draw any money on his name. | by the | The also dishonored, and | liked to expose the | taken in, he was | obliged to sue or lose the money. The | latter was not to be seriously considered > gen- ‘ Mr. Mon- | and this is why he brought action for the | &pot on his | amou he had advanced on the | taken in so easily. The | Worthless drafts. More than this he | asked for $45 damages, $20 for the dis- honor of the first and $25 ditto for the w York several | 1ast, or a total of $455. . s and manner in- | Mr. Montague's claims are based upon d to what i3 | the Eround of fraud, for he asserts, so Moreover, he held | id, that Smith represented that the . 4 bills would be paid ‘ whom_he met to e paid promptly, and that 1 body” back in | Bmith, in making the drafts, ‘well knew . Among his new | m:\g_ e s gullty of fraud. Mr., Monta- omtague. who, aside | Bue's annoyance was increased by the nformation t the man who owed him Smith I oney the money was about to leave town and lived at the get outside the jurisdiction of the courts POSTUM CEREAL. of this city, To act quickly was necessary Montague “did b, v Mr. Smith taken into custody oy a Leiog warrant issued by Superior Judge Cook, who set the bonds at the amount sued for, $495. At last accounts Mr. Smith of New York was still ng for some of his Palace Hotel acquaint o quaintances to go on his IMPROVEMENTS FOR MECHANICS’ LIBRARY | Fire Escapes and an Elevator to Be | LAUGHED AT SEALS. Says They Told a “Sober year ago, my | ysician, handed ph: ostum Food Coffee, make & very| areful test of it. | who me a package 0 4 requested that s a £ B importance, I gave it Kealizing th : ° Added to the Building. | y especial attention in preparation,| At a meeting of the Board of Directors A ‘when it was served, it exceeded | of the Mechanics' Institute held last even- It came to the table tations. ing the medal for the checker tournament was awarded to Harry Millington Angell. The report of the secretary showed the expe gteaming with a deliclous aroma, and | | the first taste convinced me that I had |’ 2 ik found the long sought beverage. | ’;‘J“;fi;;; 1”{“ t‘h"l;) y‘;;rmkmbersmp since We had some experience with vari-|*The annual election of officers and di- ous so-cz ubstitutes” for coffee, | rectors will be held on February % The only to find worthless—mixtures | Polls Will ‘open at 11 a. m. and close at 8 p. m. The following ¢ z}on wei;e ippqq:n't‘ed to s tion: H. L. Tickner, P. J. Healy and J. | H. Culver. A commitfee consI}sungd &Ir Rodney Kendrick, George H. Wallis and Charles M. Plum were named for the su {)ervmon of Folsom street property be- ufixing to t{:e lnstllule.r y a unanimous vote the Mech:. * In- stitute was made a member oralnhlgs“l':. ters and Forests Society ot California, re- cently organized for the conservation of water of the State. A report was made by the committee apnointed to draw u plans and specifications and to apprdxi- mate the cost of putting up fire escapes ommittee of elec- of.cheap coffee and other things that | tpervise the hs we could not use in our own family, and of course the doctor didn’t care to have his patients use them, but with Fostum it is different. I occaslonally hear of Postum being served weak and flat, but that never occurs when time enough is allowed in boiling to bring gut the flavor. Doctor now tells me that he takes pleasure in prescribing Pos- tum to many of his patients who have fsund that coffee acts injuriously, and elevators in the library building. causing nervousness, headacfneu and | &ye S)or:‘celufls K’?&fn‘2:0,&‘1’0"‘%5}3%3?@%‘,3 anged digestion. These symptoms, necessary improvements on the building. te says, in a still more aggravated e fotm, affect thousands of tea drinkers The Coal Oil Exploded. YWho would gain immeasurably in Harry Shiozaki, a Japanese servant at Tedlth and happiness if they would | Mrs. Seymour's, 736 Eddy street, was banish that seductive herb from the |lighting the kitchen fire vesterday morn- v - | ing by means of the coal oil can. wiipper table and replace it with Pos- | 1€ b¥ Weans of e Co8l ol vcd "wn;rfi'f. tum Food Coffee. immediate explosion. When Shiozaki was When we first began to use Postum, | taken to the Reciving Hospital it was we-induiged in some merriment at the | found that his legs, arms, hands and neck red seal on the package, and the state- | Were badly burned. He will probably re- nient that “It Makes Red Blood.” It cover. not long, however, before we arned that it was a sober truth. My 1ily remarked the growing color in s face. M/ weight steadily increased, such a degree that I was forced to ascribe’ the change to the use of Pos- tum, and my entire family have now | become addicted to the beverage. Mrs, Dr. D. P. Brockway, 156 Charles- tou Street, Worcester, Mass. | | ety Teacner Wants Her Money. Georgia C. Morse, a teacher in the Web- ster Primary School, applied to the Su- perior Court yesterday for a writ of man- date to compel Auditor Wells to audit her approved claim against the School Department for her salary, amounting to 20. Judge Daingerfield issued a per- :Dmmory t, returnable February 10 at & m. 9 STATUS OF CERVERA’S FLEET CALIFORNIXS % | and umbrellas, spangled bunting galore The Battleship lowa Arrives in Port After Cov- ering the Distance Between New York and San Francisco in 117 Days. HE United States battle ship Jowa arrived in port yesterday after her long run from New York. for the fact that she is flylng light no one would ever think the warship has been at sea almost continuously She is spick and span and came up the bay looking every inch a fighting machine. Pilot George Scott brought the battle ship in, and in heading for an anchorage took her close in along the water front, so that the thousands of people who lined the wharves got a good view of the man of war that All the tugs and ferry boats saluted the stranger and the ships at an- chor in the bay dipped their flags. The Pomona at Broadway wharf and the tugs at Vallejo street were the first to take up the salute, and from there until the ITowa was anchored off Folsom street wharf the din was continued until E + | 2 o since last October. did such excellent service at Santiago. the people uptown thought another Manila expedition was under way. safled from New York in company on October 12, bound for San Francisco. without mishap and the next stopping place was Callao in Peru. to accompany her. rived here on February 1 and the Justin on February 3. fornia was reached. The officers of the Iowa are: 8 © signs; V. S. Houston, J. W. Graeme, A. J. Hepburn, W. C. Assérson, O. G. Murfin, H. Williams, A. H. McCarthy, A. © J. Graham and H. L. Collins, navel cadets; M. H. Simons, surgeon; R. P. Crandell, passed assistant surgeon; H. D. ant engineers; F. C. Brown, chaplain; L. Karmany, Captain U. S. carries 500 bluejackets. The contract price was $3,010,000, including hull and machinery. the destruction of Cervera's fleet. Manila and one and all wished they were in the fight with Dewey. ‘Wednesdays of each week. + The battle ships Oregon and Iowa, the refrigerating steamers Iris and Celtic and the colllers Justin and Scindia The first stop was at Bahia in Brazil. From there the fleet went to Rio de Janeiro and thence to Montevideo in Uruguay. the boilers of the war ships was replenished from the supply ships and the colllers refilled their bunkers. The next stopping place was at Sand Point, at the entrance of the Straits of Magellan in the Atlantic. through the straits, the supply ships led the way and the entire fleet anchored each night. At Callao instructions were awaiting the Oregon to proceed to Manila via Honolulu and for the Iris and Scindia Accordingly, on January 14, when 600 miles northwest of Callao, the fleet broke in two, the Iowa, Celtic and Justin coming on to San Francisco and the Oregon, Iris and Scindia proceeding to Hawail. This trio had kept in company until the Gulf of Cali- In Magdalena Bay the Celtic put the last of her supplles aboard and came on here. Justin put into the battle ship’s bunkers all the coal she could spare, and she also came on to San Francisco. Jowa was then cleaned up, after which she proceeded, arriving here at 1 p. m. vesterday. Silas W. Terry, captain; Raymond P. Rodgers, Schentze and H. M. Witzel, lieutenants; G. Tarbox, lieutenant, junior grade; N. C. Twining and D. M. Wood, en- Averill, assistant surgeon; J. A. Ring, paymaster; C. W. Rae, chief engineer; J. R. Morris and D. M. Garrison, assist- M. C.; H. C. Davis, second lieutenant U. S. M. C.; C. W. Loomis, pay clerk; E. M. Isaac, boatswain; C. Charette, gunner, and F. Johnson, carpenter. The Iowa was built under an act of Congress of July 19, 1892, by the Cramps, and was launched in March, 1896. She is 360 feet long, 72 feet broad and draws 24 feet of water. As a battle ship she has been almost as great a success as the Oregon, and did excellent service during She met with a slight mishap to her machinery during the voyage to San Fran- cisco and will have to be overbauled before she can go to sea again. The crew hailed with delight the news from The Iowa will remain in the bay for some time to come and will be thrown open to the public on Sundays and EO+C40404+04+040 4040 +0+040+40404040404 04040 +0+0+0+040404040404+ 0+ 04040404040+ | Were it not At all these points the water in Passing The passage was made The Celtic ar- The The lieutenant commander; W. H. | The Iowa also | House about six vears ago, the cost of which was $4000. =~ The present one will undoubtedly leave a welcome balance in COMING GLORY OF ;(hc treasury. THE MARDI GRAS e A RUSH OF SUBSCRIPTIONS BRI e ASSURES SUCCESS. | The Supervisors Have Ordered Its o Construction. Ed Greenway Creates Prince and Jes-| The residents of Precita Valley are ter, Spangles Are Ready and | more than pleased at the prospect of hav- s ing Bernal Park established. The site Great ?;lmss Cc];ne From | the Precita Valley Improvement Club has the South. | selected is a small piece of land belonging | to the city lying between the fork of the two Precita avenues at the base of Ber- ng for the great Mii;?“?;;?i:{f,m:filnfi o the San | nal Helghts. The place has been in. the Francisco Art Assoclation which will fill the splendid halls of the Mark Hopkins Institute of Art with life, music, beauty and all the joy of a great bal masque, and the chief social event of the season, and stagnant water. To fill this hollow to grade there is suf- ficient rock within a hundred yards of tne | place, and the expense of beautifying tne | site and making it the pldeastére-grr?und 05 on the evening of February 14. | the valley will not exceed a few thousan One promise of o very large attendanco | dolitrs. Superyisct Algcltnger, chalrman is given by the list of ticket subscriptions | perintendent of Streets, visited the valley at this early date. They number 224 and | 4 few days ago and instructed the con- as the rush for tickets will not begin|tractor to go ahead with the work of until the end of the week that means an | fijjing the place up to grade. As soon as attendance of several hundred, and & this is done then the top dressing and financial as well as a social and an artis- | gther finishing-off process will be applied. te success. 3 The completion of Bernal Park wiil be Ed Greenway, chairman of the’ floor | july celebrated by crowning President committee and director general of the 80- | Graham of the improvement ciub kin cial phase of the affair, has named the | of precita Valley, as it was chiefly thougl prince and the jester and will decide on | }is efforts that the park is to be estab- the heralds and_the pages soon. he | Jished. rince is to be J. C. Wilson, and A. C. jellman, called “Tony” by his friends, will be the jester. Secretary Martin is over head and ears in the work of preparation which he so well understands, and a considerable corps of assistants are already at work. The striking decorations of the great in- terior of the Nob Hill institution are be- ing rapidly put in place. Scores of In- candescent lights and Japanese lanterns ——————————— The Jury Disagreed. After long delays the first of the pool- room cases to be tried by a jury came on yesterday afternoon in acting Police Judge Barry’s court. It was the case of John Smith, Fourth and Mission streets. Attorney Joseph J. Dunn and Prosecuting Attorney Carpenter appeared for the pros- ecution and Attorney Long for the de- fendant. buying the pool, and after argument of counsel the jury retired and after an hour's deliberation returned to court say- ing they could not agree and they were and other materials for the dectorator’s art are being lavished in the great en- trance hall and the labyrinth of rooms and corridors. One interesting item in this line is a consignment of about 750 great palm leaves ordered from Los An-| gischarged. Seven stood for conviciton geles by Mr. Martin. It 18 not known| ang five for acquittal. that the south has been drawn on but before for decorative palms, and fhat was when Mr. Martin made a simi- | Jar business stroke on a similar occasion. There are four palm leaves ten reet in length and date palm leaves of much larger slze.hsome reaching to eighteen in length. fe’?“he coslgor this year’s Mardi Gras will be over $2000, including two bands, the decorations, the supper, etc. The fact that the affair was foregone last year will give added *“go’” to the coming one, which promises to eclipse all past ones, except the great one held at the Grand Opera —_—————————— The Fake Marriage Bureau. The case of the United States against Isaac W. Bain, allas H. C. Curtis, and Mrs. Grace Allison, alias Ida Quinn, allas Ida Collins, alias Miss Smith, for using the mails for the purpose of defrauding dupes from Texas and elsewhere, will be iven to the jury to-dgly in the United tates District Court. ‘he closing argu- | ment on behalf of the Government will be made this morning by Assistant United States Attorney Foote. ororclcrololeloelcloloX oo ool ooToR oY oXOROROJORCIOROROROIONOJOKO) A RICH MAN'S WRATH. He Cooled It With His Fists on His Sister-in-Law’s Face. Charles H. Rogers, a capitalist living at Tenth and Folsom streets, was arrested yesterday on a warrant charging him with battery. His gister in law, Mrs. Fay J. Barnes, is the complaining witness, and owing to the brutal nature of the assault Judge Mogan fixed Rogers’ bonds at $1200. Mrs. Barnes lives with her sister, Mrs. Rogers, and last Friday Rog- ers, according to Mrs. Barnes, commenced to beat his wife. Mrs. Barnes interfered and Rogers turned his wrath and his fists upon her. He beat her so badly that she was knocked into unconsciousness, She left the house and engaged a-room at 119 Larkin street, and since then Dr. Bar- bat has been attending her. She was scarcely able to walk across the street yesterday to the Police Court to swear out the warrant for Rog- ers’ arrest. She complains of violent pains in her head and Dr. Jones was called in yesterday and put her head under the X-ray. He thinks that a bope in the skull has been fractured, but another examination will be made. Mrs. Barnes is a daughter of Dr. Frost, 2324 Mission street, and about four years ago she attempted suicide by shooting herself. She had a narrow escape from death. felofolofofojojojefofofofelofofofolofofofofolofofolofofofofololofolo] 4 10[01010010l01ololOIOIOI0I0[OIOIGIOI0IOX oY OXOXO RO XOJOXOXOXO) CEEAEEEEPPPEEEIPPPIPP PPPRPEEEO® ®© past a yeceptacle for all manner of refuse | Policeman Tyrrell testified to | | | | contracts invalid. | August SUGGESTS A NEW LI(iHTING CONTRACT ATTORNEY LANE ADVISES SU- PERVISORS ON GAS QUESTION. Agreements With Two Companies | Have Been Declared Invalid and New Ones Are Needed. City and County Attorney Lane sub- mitted an opinion to the Supervisors yes- terday interpreting Judge Seawell's de- cision declaring the electric and gas light Attorney Lane advises he board that the contract with the San Francisco Gas and Electric Light Com- pany is void, but that that fact does not absolve the Supervisors from paying rea- sonable compensation for light furnished the city in December. He holds that the bills in question have been allowed, and are in the hands of the Auditor, hence the board has nothing fur- ther to do with them. They have a duty to_perform, however, in advertising for bids and enterlnF upon a new contract. Judge Seawell held that the contract with the San Francisco Gas and Electric Com- pany is invalid, and that the contract with the Pacific Gas Improvement Company is NATIONAL GUARD Opinion of the State’s| Attorney General. MEN WHO ARE IN AND OUT NO PENALTY FOR HAVING LESS THAN FIFTY MEMBERS. Those Officers and Men Who Did Not Enlist in the Volunteer Army Are Still Guards- men. nished Adjutant General Peeler an opinion as to the standing of the National Guard of the State of California, in answer to the followng questions asked by the ad- Jutant general: ing of those members of the National United States in the ‘war? Spanish-American Attorney General Tirey L. Ford has fur- | First—What s the legal present stand- Guard who entered the service of the | for whom they are intended than if they lived several miles from the postoffice. better this condition of affairs a commit- tee will wait on Postmaster Montague at an early date and plead with him for & better service. i —_————— SOMERS GOT A VERDICT. A Jury Gives Him a ;udgmwt in an Old Contest. In Judge Troutt’s court last evening the jury in the case of Charles F. Somers vs. California Savings and Loan Society | brought in a verdict for plaintiff. Maud | Nolan and George Heazelton, executors of the will of the late Mabel Treadwell, ap- peared as joint associates with the de- fendants in the suit. The case excited much interest because of the bitterness | with which it has been contested. | It appears that during the lifetime of | Mrs. Treadwell, Somers was engaged in | litigation with his wife. He turned over | to Mrs. Treadwell the $14,000 to be depos- | ited in the California Savings and Loan | Society for him. Prior to the death of Mrs. Treadwell, | Somers obtained from her an assignment showing his right and title to the money. | When Mrs. Treadwell died Maud Nolan, formerly Maud Treadwell, and George Heazelton, executor of Mrs. Mabel Tread- well, claimed the money as being the property of the latter. During the course of the trial defendants produced Professor Ames, handwriting expert, who testified that the assignment given Somers by Mrs. ‘Mahel Treadwell was a forgery. The plaintiff produced witnesses whose evi- dence offered in rebuttal was to the ef- fect that the assignment was genuine. Probate Judge J. V. Coffey testified that ! the assignent was in Mrs. Treadwell's | handwriting. The questgh'm of Somers’ character came up, and when the attorney for the defend- ant asked a_pointed question of a wit- ness named W hitney, who was testifying as to Somers’ character, the latter leaned over to Attorney Campbell and whis- pered, “You know _that is a lie” for which he was fined $20 by Judge Troutt for contempt of court. The jury was only out a short while. Somers stafes that he brought the suit merely as a matter of principle, as the case will cost him mora | Phom he can ever hope to get out of the | men cannot be discharged from the ser- Second—What is the legal status of | California Savings and Loan Soclety. those members of the National Guard who belonged to the companies of the guard | at (hebou(brfiakdoé the Spanish-American | BANKS TAKE A HAND war, but who did not enter the United States service? | IN TAX OFFICE FIGHT m'rhmi—wrmtl is (}rxe present status of —_ ose companies of the National Guard which volunteered and entered the United THEIR OWN CLERKS MAKE OUT States service and have since been mus- | THE BILLS. tered out of such service? G chunh—Wha{z is !Iheh present sllatus oé‘ 0se companies of the Natlonal Guar - which volunteered and entered the United | Pending the Settlement of the Con States service and have not yet been troversy Between Supervisors mustered out of that service? 1lect The Attorney General in his_opinion and Tax Collector says: ‘Those members of the National They Act. Guard who entered tne service of the United States in the Spanish-American | T war are not now members of the Na- | : | The banks have taken a hand In the tional Guard unless they have been re. | , E admitted to that organization in the man. | controversy between Tax Collector Shee ner prescribed by law. If an entire com- han and the Supervisors over the employ- pany volunteered, leaving no portion of | ment of deputies in the office of the suchmcomplnny b(;hh'ldvh the same fullg former. The Hibernia Bank placed three would apply “and such company woul = i = thereupon cease to be a component part | Clerks at work vesterday, with the senc: of the National Guard.” tion of Mr. Sheehan, to exp: As to the second matter, he says that | preparation of the bills for the property those members of the National Guard Who | on which they pay taxes. belonged to the companies at the out-| mpe German Bank is expected to adopt break of the war and did not enter the | th course. These institutions want service of the United States are stil |the same — o AnE ot members of the guard unless their con- | to have their bills pald before the 1st o nection therewith has been otherwise sev- | March, otherwise they must account to ered. the Assessor for that amount of money After quoting a number of sections of | on hand. the law bearing on the case, he says that | The mandamus proceedings will be a national guardsman enlists for a speci- | heard by Judge Hebbard on Friday, at fled time; 1§at if he complies with all the | which time it is expected the question of military requirements he is entitled to |the appointment of clerks necessary in the certain exemptions; that there is no ex- hand'ing of the business of the office will press provision in the law for the dis- |pe determined. Mr. Sheehan is firm in his charge of companies or the discharge of | stand that he will not surrender any of the men, except by thelr own acts, other | the patronage of his office to anybody. than the provisions contained in the | He affirms that this fight is purely for Political Code; and that there is no ex- | patronage and that he will never surren- press penalty or forfeiture attached to |gder. He acknowledges that the Supervis- any company for having a membership | org’ have control of his department as to of less than fifty men. In view of this | gyihorizing the employment of men, but fact he is of the opinion that the guards- | he insists that he should be the one to | determine how much assistance he re- quires. vice and deprived of their privilege of exemption by mere implication, and with- out any act of their own, before their | term of enlistment expires, which would | be the case if, by reason of the mem- | bership being reduced below fifty, the company should be ipso facto disbanded. This would be adding a penalty not pro- vided by the code. They are, therefore, | still members of the guard. | Overhauling Siebe’s Work. The work of Assessor Siebe during his administration came in for a scorching re- | view at the meeting of the Sunset Im- | provement Club last night. The little hall where the club met was packed with prop- erty owners and the evening’s debate was on the assessments made by Siebe of the district from First avenue to the ocean and south of Golden Gate Park. —_— e Restraining Order Modified. Judge Seawell made an order yesterday { modifying the restraining order hereto- | fore made in the action of Oscar Moses against the Board of Education et al., so far as the Board of Education is con- cerned, and the board is no longer prohib- ited or ordered to refrain from doing any of the acts prohibited or mentioned in the restraining order. Particularly the board is no_longer thibl(ed from approving or ordering pald the claims of the teach- ers against the school fund of the city and county for the amount of their sala- ries for the months of November and December, 1898, and January, 1899. The order modifying the restralning order does fio( lln unk:;' iway]e.s;lst )t|he tea,chelis < in collecting their salaries, however. It It was charged that property was as- | was made simply on the ground that the sessed for a good deal more than it is | Board of Education was not a proper par- worth in the market. This assessment |ty qefendant in the action instituted had been protested against at the time it | ggainst Moses, and the court decided to D Nt nsiionose; g the A% | releaser theihodr from the obligations of a- j improperly tions made to him for a reduction. A new | 2" injunction improperly placed upon it. is expected from Assessor Dodge and | e aid HEALT A et e s Laborers Want Their Pay. lolloving, Comgitien RN PNt | John Gullasher, s laborer empioyea on Daniel Foley. This committee was in- | the Hall of Justice, has petitioned the structed to ask for a 40 per cent reduc- | Board of Supervisors that his claim of tion all round on the area mentioned. $74 50 be protected. He has been unable | to secure payment from either Bateman Bros., the contractors, or Willlam Stiles, Another cause of complaint of which He O B omcer disaic Toe doiveser ot | thelr ' foreman. Thomas Fitzgerald filed a similar claim for the sum of $167 70. ice in the Sunset district. The delivery of | letters takes longer to reach the parties ADVERTISEMENTS. ATTRACTIVE WOMEN. Fullness of Health Makes Sweet Dispositions and Happy Homes. identical and open to the same objections as to its validity. The controversy developed over bills for and September of last year amounting to $i8,342 41. The opinfon re- cites: The Board of Supervisors approved these demands, which then went to the Auditor for his approval. At this point W. R. Sum- merhayes, as a taxpayer, began suit against the Auditor and the Treasurer, asking that these officials be restrained and enjoined, the one from auditing and the other from paying these demands. Thereupon a tempo- rary injunction was fssued. The Auditor and Treasurer moved later to dissoive this injunction, and Judge Seawell granted the motion_and the injunction was dissolved. Thus these demands are left in precisely the same position they were prior to the bringing of the injunction suit; they are presumably in the hands of the Auditor awaiting his approval. The Board of Su- pervisors at this time has no more control over them than it had while the injunc- tlon was pending. ——————— McEKAY WAS THE “ANGEL.” Troubles of a Disbanded Comedy Company Told in Court. The hearing of the case of Henri Stu- art, charged by A. H. McKay, a re- turned Klondiker, with obtaining money by false pretenses, was commenced before Judge Graham yesterday. McKay became acquainted with Stuart, and McKay’s wife being ambitious to go on the stage Stuart and W. H. Wheeler agreed to get up a con)?“ and play the farce-comedy ‘‘My eighbor’'s _ Wife."” Stuart was to be manager and Wheeier advance agent. The company opened in Reno, Nev. The first night’s receipts were $91, but the second nlflht the receipts only amounted to $105. Then McKay thought he had enough of plu{ing the “‘angel” and t}{‘e c?x;zg&:ny was disbanded. He dropped aboul The charge of obtaining mone¥ by false retenses was based upon the fact that tuart got $10 from McKay for royalty on the play, whereas it could be purchased Th&a further hear- ay. anywhere for 25 cents. ing will be continued Telephone Box Thieves. ‘William Israelsky, who was caught Monday stealing nickels from the tele- phone box in the house of Harry Fisher, T10 McAllister street, appeared before Judfie Mogan Jesterday and his case was continued until to-morrow. Special Offi- cer Riley of the telephone company has been made acquainted with Israelsky’s ac- complices, and expects to arrest them soon. S. D. Sutton, the other telephone- CRirge of ety Iarcent In Yudge Mogass cl of petty larc n Judge an's court yesterday and will be sente; to- MOrrow. —_—— . 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