The San Francisco Call. Newspaper, February 24, 1899, Page 3

THE SAN FRANCISCO CALL, FRIDAY, FEBRUARY 24, 1899 ' BURNS' POWER CREATES ONLY The Call's Exposures of Block His DEPTHS OF POLIT [AL DEGRADATION Aiter Six Weeks of Unspeakable Manipulation the Candelaria Mine Owner Can Boast of but Three Accessions to His Coterie of Followers. CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—Sixty-one ballots and still no United States Senator. Such is the completed record of the day in the Legslature, with nothing to in- dicate a change in the immediate fu- ture except the slow increase on the total number of ballots taken since the beginning of the session. Since the opening of the present Sen- atorial campaign The Call has been engaged in the unpleasant task of pro- tect the interests of ‘the people of the State against the machinations of & coterfe of politiclans who have no other object in view than personal gain and political preferment. To gain their ends these men have not hesitated to bring to their aid every corrupt influ- ence known to those who make poli- tics a trade. Some of the men and many of their methods have been exposed by this paper during the course of the past few weeks. What has been done in this line 4s familiar to the reading public. What s not so familiar are the details of the campaign that have made such ex- posures necessary. Only those who are here in Sacramento can have a con- m of what unheard of and un- kable methods are being employed in an effort to secure the election of a man to the United States Senate who is obnoxious to a great majority of the people of the State. To effectively fight such men and such methods it becomes y to employ the most drastic To do so is not a pleas: is a duty that a great news- owes to the people. To perform is the task The Call has set it will not be deterred by cal pulls, corporation in- fluence or personal threats. In the Chronicle this morning ap- peared an editorial of which the follow- | ing paragraph seems to fit the situa- tion “The Republican party had rather | go without a Senator for two years than to have one who would disgrace it for six.” The sentence expresses tersely the gentiment of the majority of the Legis- Jature and it reflects the feeling and convictions of the best people of Cali- | fornia. The sentiment 1s gaining ad- herents every day. To-night the belief is stronger than ever that Burns cannot win. He has the power to create confusion in the Legislature and prevent the enact- several of the legis ry, but the exercise ment of laws that lators deem ne of that power will not increase his vote. | k the touts designated Thurs- his week as the day that the. would receive his commis- United States Senator. To-day -five votes on joint he has gained but Last w day of “‘colone sion he received twent ballot. In six wee! three votes. OBSTRUCTION the Mexican's Methods Progress. | and say that the party representatives | ‘rerused to take orders from the South- | ern Pacific and the “machine.” The Call i{s in possession of informa- tion that means no more creditable than those employed to lure.Senator Simpson from the line of duty to his constituents have been employed, and ;nre now being used, to swerve an Ala- | meda Assemblyman from his obliga- | tions to decency and clean politics. His | | friends are advised of the scheme and | are closely watching the game. | Certain facts brought to light this| | week will be placed before the Minister- fal Unions of California in ordc: that | the moral forces of the State may clear- | Iy understand the debasing influences | Invoked to induce members of the Leg- | islature to violate their obligations. The | position is taken that it is time that | the pulpit should reinforce the inde- | pendent and fearless men of the Legis- |lature who are engaged in a struggle | to defend the honor of the State and | the purity of this Senatorial contest. 1 RAILROAD. LITIGATION REQUIRES MUCH MONEY' Report of Attorney General Ford on the Existing Cases. CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—Pursuant to a resolu- tion by White of San Francisco adopted by the Assembly a week ago Attorney General Tirey L. Ford to-day rendered a | report upon all litigations now pending | |n which the Railroad Commissioners are | | either plaintiff or defendant against the | | railroads of the State. He also rendered an estimate of the expenses that will ac- crue before the present cases are brought to an issue. | Mr. Ford estimates that it will require $30,000 for future attorneys' fees alone; | 31,500 has been already paid out for the same purpose. Assemblyman Burnett of San Luis Obfs- po County on Monday introduced in the Assembly a blil which appropriates $20,000 for the maintenance of the sufts now pending, particularly the grain rate case. Mr. Ford's report is as follows: To the Assembly ‘of the State of California: I have the honor to acknowledge the receipt of & resolution adopted by your honorable body on the 16th inst., reading as follows: “'Resolved, That the Attorney General be and | Be is hereby requested to report to the Assem- | bly the present status of ail litigation pend- ing between the Railroad Commissioners of.this | State and the Bouthern Pacific Rallroad Com- pany and other rallroads; also the amount of | funds necessary to carry on sald litigation to |a gnnl determination.”” ursuant to the terms of the foregoing reso- lution I have made the needed exnml;‘uunnu | and beg to report thereon as follows: 1 am unabie to find any litigation pending between the Rallroad Commissioners of this E (au_gnd the Southern Pacific Ralilroad Com- pany. Following is an account of all litigation, so | far as T have been able to ascertain ihe sime, now pending between the Board of Rallroad | Commissioners and “‘any other railroads,” to- gether with a statement of ‘‘the amount of | funds necessary to carry on said litigation to The statement was published in the Bee this evening that had withdrawn from the contest and returned to his home in Ventura. To- night Mr. Bard was seen at his rooms, 611 K street. He remarked that he would probably go to San Francisco next Saturday and return here Monday next. He has derived some encourage- ment from his friends and supporters and will see what can be done in the ¢ of consolidating the Southern Cali- fornia forc: Since his arrival here all the Senatorial candidates other than Burns have paid him the cour- f a visit and the courteous calls n returned. be Grant forces are firm and more confident than usual. whispered on the inside of the camp that a defection exists in the Burns to-night It is fold which threatens a loss to the “wcolonel” of six votes. It is known that several followers of Burns are lan- ng for more evidence of increas- trength than wise looks. Every day's delay in getting a caucus also adds to the impatience of Herrin, who -has been informed that a railroad vic- tory cannot be won without a caucus. In view of those delays and complica- tions the touts are not encouraged. Since Simpson betrayed his constitu- ents of the southland not a single gleam of hope has brightened the hori- gon of the “organization.” Last evening the touts were exultant, claiming that Assemblyman Muenter ‘had made up his mind to retire from General Barnes' column and cast his vyote for Dan Burns. When the roll was called in joint assembly to-day Mr. Muenter voted as usual for General Barnes. On the second ballot to-day _he cast his vote in the same way. 5 The chairman: of the Republican County Committee of San Joaquin County is preparing a petition signed by delegates to the convention which nominated the Assemblyman to induce the latfer to change his position. Mr. ‘Muenter is advised by many leading Republicans that four-fiftths of the voters in his county prefer that Gen- eral Barnes should be elected Senator. The balloting to-day was not sig- pificant. It was supposed that the sec- ond ballot, which seemed to be demand- * .ed alike by the Burns and Grant forces, would develop some changes, but none :were developed. The deadlock is as firm as ¢ er with no signs of breaking. There is talk that all the members of the Legislature from Southern Califor- nia. may decide to vote solidiy several times for .aomas R. Bard, but the movement in this direction has not gained much headway. It is clear to fair apd impartial observers that the only way to -<eck the deadlock is for D. M. Burns to retire from the contest. Heé is exhausting the patience of the people and the party by insisting that - the Legislature shall give him a vindi- cation. * " Members of the Legislature are re- ceiving expressions of opinion from all parts of the State to the effect that no Senator would be preferable to the elec- tion of Burns. It is asserted that his election, would disrupt the party. Should 1o Senator be chosen at this session of the Legislature the Republican party gould go before the people of this State Thomas R. Bard | The respondent (the gfl taken a final determination:"" | I | _Southern Pacific Company et al. vs. 1 Rallroad Commissioners, etc. No. 64, Action brought in the Superfor Court in and | | for the City and County of San Francisco to | | obtain a writ of prohibitton in the matter of | | the complaint of John R. Robinson before the | Board of Railroad Commissioners. | " On August 1, 1895, the court flied its opinion | and order granting the writ of prohibition. No ‘appenl has been taken from the order grant- ing the writ. T am advised that this office was but nom- inally connected with the above cause, Hon. George W. Monteith having conducted the pro- | ceedings therein on behalf of the complainant, John R. Robinson. Board of | 311 Board of Railroad Commissloners, eto, vs. Market Street Railway Company and J. L. Willeutt, secretary, etc. No. 59,728, Action’ brought 1n the Superior Court in and for the City and County of San Francisco, to compel defendants to produce all papegs, 5. records, etc., for investigation by the Board of Raiiroad ‘Commissioners, in the establish- ment of rates of fare. On October 13, 1895, the court, through Sea- well, judge, flled its written opinion and or- dered that judgment be entered denying the writ of mandate prayed for and directing a dis- missal of the action. No appeal was taken. The cost of an appeai would, probably, not ex- ceed $100. | 111, Southern Pacific Company vs. Board of Rail- road Commissioners. United, States Circuit Court. “To better understand the natyre and purpose | of this suit it may be well to briefly suggest | the causes which gave it birth. | On September 12, 1885, the Board of Rallroad | | Commissioners adopted a resolution, upon | which & schedule of rates was based, and by which an_eight per cent reduction In grain | rates was sought to be established. | On the following day, September 13, 1895, the | board adcpted another resolution looking to a general reduction of freight rates, other tha upon grain, to the extent of twenty-five per | gent, of such rates as they existed on Decem- | ber 1, 18%. No schedule was ever adopted un- der this resolution On October 14, 1895, the Southern Pacific Com- | pany, against whom the above resolutions were directed, filed a bill of equity in the United | States Circuit Court for the Northern District | of California by which it was sought to re- strain the Board of Raliroad Commissioners from proceeding under the foregoing ‘resolu- lons. 5 A temporary restraining order having been fostind iy the court, aif Tajunction. pention. the trinl of the cause was sought by the Southern Paclfic Company, the hearing -upon which, from yarious causes, ‘was deluyed until January €, | 396. The hearing of this motfon, including two continuances, occupied some four months, the argument alone occupying twenty-nine days. The motion was then taken under advisement by the court. On November 320, 18%, the court made its order continuing the injunction as to the pro- poged clght per cent reduction in grain rates, ut refusing to further enjoin proceedings un- der the so-called twenty-five per cent reduc- tion, the board having disclaimed any inten- tion’ of proceeding under the latter resolution without further investigation. On January 2, 1897, the Board of Rallroad Commissioners filed their anewer to the bill of complaint, and on Febru: , 1897, the Southern Pacific Company filed its replication thereto. g to the Exceptions to e answer were flied and = ferred to the Master in “upon whose report and after argument by counsel, the court entered an order allowing such exceptions in part and denying them in part. This Jast-named order was made on Aprfl 2, 1898, whereupon the cause became at fssue and the taking.of testimony was thereupon begun. The compiainant (the Southern Pacific Com- pany) has taken the testimony of its chief en- gineer, Mr. Hood, and of Messrs. Curtis and Bogue, presented as experts, and a few other minor witnesses. The testimony thus far taken by comslainant relates to the question as to what §t woull cost to reproduce the properties §f the Southern Pacific Company. The taking testimony on the part of complainant has not Yet been completed. 5 Board of Raflroad Com- the testimony of C. P. are now being per- issioners) nas | be continued in the case would be & proper | are certainly conservative. | and repeal section 3521 of the Political fected for the further taking of testimony on behalf of respondent. The testimony thus far taken amounts to 2920 pages of typewritten matter, the taking of which occupied the greater part of the time from May & to November 2, 189 ~ COSTS AND EXPENSES. 1—COSTS AN@ EXPENEES ALREADY PAID OR INCURRED. Hon. W. W. Foote, retainer (paid)....$10,000 00 Hon. Robert Y. Hayne, retainer (paid).§10,000 00 Hon. J. C. Daly, retainer (judgment against Btate)......... B Clement Bennett, reporter (paid)...... Clement Bennett, reporter (bill pending in_Legislature). I H. Polk, expert (bill pending in Legislature) .... Total pald or incurred... II-PROBABLE FUTURE COSTS AND EX- PENSES. Fees of expert (estimated) Fees of special counsel (es Fees of reporter, inciuding ‘transcr of testimony (estimated). Other costs, including travalin penses in event of appeal to, hearing before, United States preme Court. HO+0+0+ 0+ 0+ 0 +0+0+0+0+0+CH04G10+0+ 0+ 0 +0+0+0+04] Total probable future costs. Costs and expenses already incurred .... Probable future costs Total $110,125 10 | Referring to the probable future costs and expenses necessary to secure a final determina- tion of the case last above referred to, I desire | to state that it is impossible to estimate with | any degree of accuracy the amount of such | costs and expenses, but it is safe to assur that they will not fall below the amounts above | indicated. In the matter of fees of expert, the amount has been placed at $30,000. This is believed to | be a conservative estimate of the amount nec- essary to secure the indispensable aid of those who are skilled in the many and complicated matters necessary to be examined in the prose- cution of the defense. In a communication ad- dressed to the Board of Rallroad Commission- ere, under date of January 20 1st, I estimated the expense of experts at $25, and recom- mended to the board that they ask for that amount at the hands of the Legislature. Since then, however, and upon consultation with spe- cial ‘counsel In the case, 1 am convinced that the appropriation for expert fees should not be less than the amount first above indicated. In my opinion the employment of experts is | indispensable to the presentation of a proper | defense, n which opinion 1 am Jjoined by as- | soctate counsel. Referring to the matter of attorney’s fel I will state that the continued employment by the ‘Board of Rallroad Commissioners of spe- cial counsel as heretofore, that is to say, three in number, cannot well be done for less than $30,000, in addition to the $31,050 already paid or incurred. It is not necessary, however, that the entire $30,000 should be appropriated at the present session of the Legislature, though I would suggest that a payment of $200 on ac- count to each of such special counsel as may and appropriate course to pursue. The other items of probable future costs above enumerated are clearly indispensable and The amount of the last named items, as also the amount of attorneys' fees, will depend in no small degree upon the length of time occu- pied in_reaching a final determination of the case. So far, some three and one-half years have been consumed since the commercement of the suit. Upon the conclusion of the taking of the testimony the case will come up for trial in the United States Circuit Court, from which an appeal lies to the United States Circuit Court of Appeals, whence an appeal may be taken to_the Supreme Court of the United States. You will thus perceive the difficulties attendant upon an attempt to comply with the request of your honorable body to report “‘amount of funds necessary to carry on’ said litigation to a_final determination.”” Respect- fully, TIREY L. FORD, Attorney General. Sacramento, February 1899, BARRY’S LAND PATENT BILL ROUGHLY HANDLED CALL HEADQUARTERS, SACRA MENTO, Feb. Assemblyman Barry's Dill concerning the patenting of lands be- longing to the State received a rough | handling in the Senate this afternoon, not so much from the words of the Senators | as from their votes, which was much worse. Barry's bill was to amend section 3519 Code, which refer to swamp, overflowed, tide lands, or lands uncovered by the re cession of an inland lake. The amend ment to section 3319 added the reference to the “recession” iands. The Tepealing of section 3521 repeals that portion of the codé which provides that the completion of the patent to public lands could not be accomplished under ayear. Senator Smith of Kern County, Senator Gillette of Humboldt and Senator Davis | of Amador opposed the bill, all declaring | that pressure had been brought to bear | on them In its favor, and therefore they considered the measure a suspiclous one. Smith showed that the amendment to 3519 referred to the gradually uncovering basin of Lake Tulare, whose waters had receded from over 125,000 acres. He de- clared that the year required to perfect a patent was a necessary safeguard to allow the Government time to detect fraud, and he believed if the section were repealed so as to allow the perfection of a patent_at once, it would lead to end- less trouble and litigation. Gillette spoké in a similar strain. He, | too, had been deluged with letters ask- ing’ his support for the bill, but he de- | clared it was a bad measure. The bill then went to a vote and was refused passage by a vote of 2) to 8 There is another bill now pending which | provides that recession lands may be tak- enen up in the same way as swamp and overflow lands, and in this lies the joker | in the case of the Tulare Lake basin.” Un- | der ordinary circumstances $2 50 an acre | must be paid before a patent on_public land will {ssue, but in the case of swamp and overflow lands, only 20 per cent of this sum is demanded, and when it can be | shown that the land has been permanent- 1y reclaimed W levees, this 20 per cent is returned to the holder. Under these two bills_the rich basin of Tulare Lake can be filed on, patented at once under the payment of but 20 per cent of the usual price and then when the land has been reclaimed, this will be refunded, not a mean saving, this one of 50 cents on each one of 125000 acres. Senator Davis wanted to know how it was that a man from San.Francisco in- | troduced the bill, and how it was that San Francisco land agents were the ones who were so earnéstly advocating fts passase. | He knew of no lands uncovered v iniand lakes near San Francisco, and he thought the bill would come with a better grace from some legislator whose district possessed some of the lands to be affected There was a notice of reconsideration given, but those who opposed the bill have no fear that another vote will change the result. POOL SELLING TALK OCCUPIES THE SENATE CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—Senator Braunhart’s | anti-pool selling bill was up before the | Senate again to-day, but got no farther than the defeat of a few more amend- ments. Senator Ashe submitted the first amend- ment, one which was practically a sub- stitute for the first section of the bliil In it he provided that racing be limited to sixty days a year in each county, and in presenting his amendment he did- so, he sald, at the suggestion and advice of prominent horsemen with whom he had | consulted since the introduction of the bill. Braunhart, although he sald he wished to see pool selling stopped altogether, de- clared himself in favor of the amendment. Senator Ashe’s amendment, however, had | no reference to pool selling in addition to those already in the original bill. Leavitt declared the horsemen he had talked to had told him they could not afford to bring strings of horses out here if racing was restricted any more than it is. He thought racing was a le- gitimate business and should be protected, a remark that brought Senator Boyce to his feet. He said it was the same old case—the people had slept on their rights and had permitted an enormity to grow until it had reached such a strength that it could raise itself and demand protec- tion. He compared racing and pool sell- ing to the Louisiana lottery, and the way in which the Government had had to ban- ish the evil altogether after trying for years to restrict it. ‘Wolfe opposed both bill and amend- ment. Rowell favored both, and Short- ridge opposed the whole proposition, be- cause, he said, he objected to having the Legisiature regulate everything. : Ashe closed the debate with a ringing lPeech in favor of clean racing, and the ;lrectlon in which the game is now tend- | the precincts in order to | repeal an act entitl | 1883, concerning po ng. &: rollcall the amendment was lost by a vote of 19 to 15. Senator Jones amendment preventing pool selling then submitted an | Education, the Assessor, Marshal, Treas. any- | urer and Recorder shall be elected by the H4O+0+0+404040+4 TWO BALLOTS AND STILL A DEADLOCK CALL HEADQUARTERS, SAC- RAMENTO, Feb., 22.—Two ballots for Senator were taken to-day, but 4 neither of them brought change, except In the candidate of the Dem- ocratic minority. Nathan T. Cole Jr. was honored on the first vote: Stephen M. White was again the favorite on the second, although Assemblyman Griffin did cast his vote for W. R. Hearst. Mr. Bur- nett of San Luis Obispo, who was undertaking the task of causing Hearst to appear as a future Sena- torial possibility, stayed his hand and cast his ballot for White. The ballot resulted as follows: BARNES ESTEE .. BULLA BURNS GRANT BARD SCOTT . DE VRIES (D.) ROSENFELD (D.) WHITE (D.) HEARST (D.) PHELAN (D.) KINNEY (D.) [4C+04040+ 0404+ 04+04+0+0+04R O+0+4 0404040401040 where but on a race track, but this, too, was_lost, and the further consideration of the bill had to be postponed for. the adjournment to joint ballot. Senator Leavitt's bill, providing for the creation of the harbor of Oakland and for the appointment of a Board of Harbor Commissioners, was passed. Senator La Rue's bill, to provide an ap- propriation for the building of a dam and a reservoir for the Napa Insane Asylum, was passed. The original bill provided for an appropriation of $150,00. This was cut by committee gmendments to $75,000, and then an amen was lost. As passed the bill provides for an_appropriation of $75,000. Senator Doty’s bill, allowing the sale of the State fair, property in Sacramento and ‘the reimbursement of the county for the money it had expended on the place, was passed. Senator Stratton’s bill to provide for reducing the expenses of municipal elec- tions when held separate from general elections was passed. It allows a reduc- ton in the number of election officers in the booths and for the consolidation of reduce thelr number for that particular election. Sen- ator Stratton’s bill providing that when the County Clerk of any county is charg- ed with the duty of registration, the Su- pervisors shall assist him financially and allow him more clerks, was also passed. This was the bill introduced in order to help Frank Jogdan, the County Clerk of Alameda County, after his own county delegation had refused his request for much-needed assistance at the hands of the Legislature. Stratton’s bill relating to the law of ne- gotiable instruments was also passed. Senator Curtin was incorrectly represent- ed in yesterday’s reports. It was stated that he moved to amend the rules so as to remove the limit of attorneys’ fees al- lowed. in election contests. is motion was that no fees at all all be allowed. ASSEMBLY ROUTINE CLEANS OFF MANY BILLS CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—To-day was newspaper day in the Assembly. Between the car- toon .bill and Cold-foot Melick’'s con- demnatory resolution and the opportuni- ties for spellbinding that each afforded | there was little time left to be expended | on actual business. In the morning Caminetfl and Dibble mixed things over Caminetti's two reso- lutions looking to the election of United States Senator by direct vote of the peo- ple, and each retired after a warm de- bate with honors about even. Mr. Caminetti’'s resolution provides for a call upon all of the States of the Union to appeal to Congress for a constitutional amendment that will prevent such dis- grace as has come to California out of this present Senatorial race. Dibble claimed that Caminettl's plan was im- practicable, and the Amador statesman swore by his term in Congress that it was not. No decisive action on the meas- ure resulted and it went over to another time. The Senate special flle was taken up and the following bills were passed: Senate bill 59, by Dickinson, an act to provide for the inspection of dalries, fac- tories of dairy products and of dairy products as to their sanitary condition, and as to the health of stock and to pre- vent the sale of milk and the products of milk drawn from diseased animals to the people of this State, and to prevent the spread of infectious and contagious dis- eases common to stock, and to appropri- ate money therefor. Senate bill 127, by Dickinson, as act to ed ‘““An act authoriz- settlement and pay- ment of claims of counties against the State,” approved March 9, 1893. This bill of Dickinson’s is intended to prevent the wholesale fleecing of the counties of the State by a firm of San Francisco attor- neys. he whole scheme was first shown up in The Call and since that time every- thing gossible has been done to prevent the scheme. The only opponent in the Assembly was ex-Speaker Wright, who, upon the bill being passed, gave notice oFa motion to reconsider. ere also passed: Sen- ‘aylor, an act entitled “An act to amend section 798 of an act entitled “An act to provide for the organization, incorporation and government of munici- pal corporations,’ approved March 13, of Ed- ucation of cities of wers of Boards the fifth class. Scnate bill 7, an act for the relief of John Mullan, and to appropriate money refor. lhseesnl:e joint resolution 8, by Trout, rela- tive to money nc:,v'\' duetb and unpaid, was dopted without dissent. a\?i‘!‘,l:nllne's ‘Assembly bill 435 was also passed unanimously. It empowers Coun- 1y Boards of Supervisors to levy a special tax for displaying tthe products and in- s of any county. g dustries O aiing session Conrey’s Assem- bly bill 208 failed of passage. By it Con- rey hoped to reorganize and improve the 3 vice. : State civil ser O was_passed. ing the allowance, The followin ate bill 96, b; It is an Assembly bill ‘c domestic livestock from act to, protect, (mfectious diseases, to contagious an provide for the al officials to carry of this act an pointment and duties of Yn(o effect the provisions to provide an appropria- tion therefor. 'bill 272, by Valentine, was also A“emb!lz' is an act to repeal an act au- troller to appoint an ad- create the office of expert to the Controller, and prescribing ensation. hlilg%:lp other bills passed at the even- ing sessfon were the following; Assembly blfi €22, by Brooke, an act to amend an act entitled “An act to approglrlnle money for the support of orphans, half-orphans abandoned children,” np&rswed March 25, 1880, and Assembly bill , an act to create a State Board of Charities and Corrections, prescribing its dutles and appropriating. money therefor. ‘A message from Governor Gage .an- nounced that A!lemm{l bill 91 had be- come a law without s. signature. It amends section 752 of an act entitled an act to provide for the organization, in- corpgration and government of municipal corporations, Ggg'ernor Gage also sent official notice that he had signed the ‘‘cartoon bili,”” and with much applause adjournment was taken to to-mOITOW MOrRing. el DX BECOMES A LAW BY SILENT CONSENT CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—Assembly bill 91 be- came a law to-day, as no action had been taken by the Governor in regard te it within the ten days prescribed by law after the same had been presented to him. The bill amends section 752 of an act which provides that the members of the Board of Trustees and of the Board of ent to cut this to $30,000 | qualified electors of sald city at a general municipal_election to be held therein on the second Monday in April in each odd- numbered year. The Assessor, Marshal, Treasurer and Recorder shall hold office for two years from and after the Monday next succeed- ing the day of such election and until their successors are elected and qualified. Members of the Board of Education and Board of Trustees shall hold office for four years from and after the Monday succeeding the day of election and until thelr successors are elected and qualified: provided that the first Board of Trustees and Board of Education ‘elected under the provisions of-this act shall at their first meeting so classify themselves by lot as that three of their members shall go out of office at the expiration of four years. The City Clerk and City Attorney shall be appointed by the Board of Trustees and shall hold office during the g‘lea!ure of the board. The Board of‘ Tustees may in their_discretion appoint; a Poundmaster, a Superintendent of Streets and City Engineer, all of whom gm_lldhold office during the pleasure of the oard. —_— A Special Senate File. CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—By motion of Senator Smith, made this evening in the Senate, provision is made for a spectal file that will take the place of the special ur- gency file which has been under the con- sideration of the Senate for the past week; The special urgency flle is now almost exhausted and the special file will come under consideration only after the last bill on the special urgency file has been | disposed of. The flle will be made up in the same manner as was the special ur- gency file, with this exception, however, that the rollcall will be revised so as to allow the alphabetical tail-enders of the special urgency file to come to the front on its successor. The file is made up by the calling of the roll and as each Sena- tor's name is called he nominates cne bill which he considers of most impor- tance, his own or another’s, and this is placed on the file in his name. e e Placerville Bill Aired. CALL HEADQUARTERS, SACRA- MENTO, Feb. 23.—Placerville's bill came before the Senate Judiclary Committee this evening, and the whole scheme of the railroad people to gain control of the good people of “Hangtown,” which was | explained by The Call, was aired before the committee by Drury Melone, the Napa | capitalist. Mr. Meione was called upon to explain his personal interest in the matter. The committee dectded to defer taking any de- cisive action upon the matter until the | Placerville people could be heard, which | will probably be to-morrow. SUPERVISORS CLOSE WATER RATE INQUIRY | COMMITTEE WILL REPORT A SCHEDULE MONDAY. Civil Engineer Allardt Tells How the | Big Monopoly Forever Shut Out Possible Competition. The Board of Supervisors last night completed its Investigation preparatory to fixing the water rates for the coming year. In endeavoring to ascertain the value of the Spring Valley plant, in actual use, several protracted meetings of the board, in committee of the whole, have been held. Attorney Morgan for the water consumers has attempted to show | that the monopoly is collecting interest from the public on a fictitious valuation, far in excess of the actual value of its plant. The Spring Valley has, as usual, controverted these arguments and the re-| sult of the oratorical contest will be known next Monday, when the Water Committee reports to the board and a rate is adopted. At the request of the ratepayers Colo- nel George H. Mendell and George F. Allardt, the civil engineers, were sum- moned to appear before the board last evening and testify. Charles Webb How- ard, president of the Spring Valley Com- pany, was also cited. Mr. Allardt was the only witness who appeared. . Howard sent word that he had missed | his train at San Mateo. Attorney M. B. Kellogg, Secretary Pelham Ames and Chief Engineer Herman Schussler were \at the meeting to guard the interests of the water company. Engineer Allardt was the only witness examined. He gave testimony for both sides and added nothing new to the per- ennial controversy between the board and the water company. _Allardt’s testimony was a recital of the purchase of the Cal- averas water supply, in Contra Costa County, when the city sought to buy the same property in 1874. The water com- gany got in ahead of the Supervisors, and y securing the only adequate and avail- able source of water supply, besides that of the Spring Valley, shut out forever any possible competition.- Mr. Allardt said the Calaveras plant was not necessary to the Spring Valley, but its purchase was a good business stroke to protect its stockholders. It was shown that the water company had a complete monopoly of the Alameda Creek supply, of which the . Calaveras Creek is the principal feeder, and that this plant alone could supply San Fran-| cisco with water for many years, or until we have a population of 500,000. Attorneys organ and Kellogg had two or three warm arguments and Su-| gervisurs Perrault and Byington took a and, with the Mayor interrogating the | witneéss. After an hour and a half of | dreary figures Perrault moved that the investigation be declared closed and re-| ferred to the Water Committee, with In- structions to report a sched.’_ o rates next Monday, at 10:30 a. m., and the mo- tion carrie —_————————— THE CLOSE OF THE ; SYMPHONY SEASON The last concert of the symphony sea- son took place yesterday afternoon. The programme was again changed for that which had been previously announced and Dvorak’s ‘“New World” symphony was played instead of the ‘“‘Pathetique” of Tschalkowsky. Much disappointment was expressed, as this being the last con- cert of the present series there is ot now another opportunity of hearing the “Pa- thetique,” which made such a sensation last season. The concert opened with Weber’'s “Oberon” overture, and after the symphony Wagner's Vorspiel, from act 3 of “Die Meistersinger,” Siegfried’s Fu- neral March from *“‘Die Gotterdammer- ung” and the “Tannhauser” overture were played, so that there were no novel- ties. - Indeed, at none of the last three concerts has there been any important novelty. The orchestra was in fairly good condition, but the brass was, as it often is, blatant and insecure. In parts of the !{mphony and in giving out the first theme of the “Tannhauser” overture this was = especially noticeable. There were more satisfactory performances of - the ‘Weber overture and the other Wagner numbers. Mr. Scheel Jed the symphony with his accustomed enthusiasm, and, ex- cept for the occasjonal fallure of the brass, the orchestra responded fairly well. —————————— DEATH OF JOHN KENNEALLY. Father of the Assemblyman Ends His Life in a Charitable Institution. John Kenneally, father of Assemblyman Kenneally, died at the City and County Hospital Wednesday morning from pneu- monia, as certified by Dr. Willlamson. The deceased had been in ill health for about a year, and became despondent to the point of insanity when some person in- formed him that his son, the Assembly- man, had been held to answer last Monday | for the killing of old William Quane sev- eral months ago. Kenneally brooded over the false report until he deternfined to kill himself in order to escape the shame of his son’s guilt. He went into a back room of the family residence, 19 Gilbert street, and slashed his throat and wrists with a ‘razor. He was discovered by a member of the family and was sent to the City Re- ceiving Hospital, where his injuries, which were not considered serious, were ressed. After leaving the City Receiving Hos- pital he went to the City and County Hos- pital and dled there. pl —_—— A Missing Australian. R.'B. Hogue, 22 California street, asked the assistance of the police yesterday to trace the whereabouts of Sydney Portus, who_arrived here from at 10:30 oclock, | i ths ago. He had Instruc- 24 years of li:. Szggey );ew uth Wales, on the Moana about three mont tions to call up Hogue, but did not do WHEEL RACE WON BY d DEAD MAN Although Stricken on the Last Lap Young Somerville Crossed the Tape First. man. wheel. wheel. ing the race is a puzzle to them. the electric lights were uncertain. § : : : VANCOUVER, B. C., Feb. 33.—Australian advices by the steamship Miowera, which arrived here to-day, tell of a remarkable bicycle race in Sydney which was won by a dead man. light carnival held just before the steamship sailed. there were fifty entries, some of the fastest men in Australia taking part in it. While 10,000 people watched this particular race, which was for a magnificent cup, offered by the trustees of the Sydney Cricket Club, young James Somerville passed under the tape a winner and a dead At the start he quickly forged ahead, other crack rider named Percy CIliff. in the rear and shot around the brilliantly lighted track almost wheel to The applause was deafening as the men struck the last lap. When within twenty-five yards of the tape Somerville, who still led by half a wheel, was seen to relax his hold on the handlebars. als whirled around, however, and he pluckily held his position on the Five yards from the tape Cliff put on a tremendous spurt and struck Somerville's hind wheel, shooting the machine with its’ then al- most inanimate burden like a rocket under the tape. The crowd velled - wildly, but a silence llke death ensued when Somerville, after crossing the tape, plunged headforemost from the machine on the hard track. ‘When he was picked up he was dead. him immediately afterward said that a dead man had by the strangest freak of fate and fortune actually won the hottest cycle race ever wit- nessed in Australia. They declared that the unfortunate rider must have been stricken with heart failure when he was first seen to relax his hold on the handlebars on the last lap. How he succeeded in finish- In the race in which young Somerville won the cup and lost his life fifteen riders were injured. In sporting circles an effort is being made to do away with night tracks, as it is claimed they are dangerous. The government will be petitioned to this effect. It occurred at a big electric In a one-mile race closely followed by an- They left forty-eight riders away His ped- The doctors who examined They claimed 8310183101 8 0 53101 83 0 SNSRI ASK SSLISLHNRNK SRR OGRS DD SOOI 1 ST ST IR SR OR sl so, neither had friends in S PICKPOCKETS BECOME BOLD.. Kittie Fitzgibbon Demands a Jury Trial, Hoping to Be Acquitted. Owing to the action of the jury in the case of John Piggott, the notorious pick- pocket, last Tuesday, vagrants and pick- pockets have become bold and are now demanding’ jury, trials in the hope of meeting with the same luck as Piggott. Yesterday Kittie Fitzgibbon, a clever pickpocket and a friend of Maud Rice and Dene Smith, who got two years a few days ago, appeared before Judge Conlon on a charge of vagrancy. She romptly demanded a jury trial, and the udge continued the case until to-morrow, at the same time ordering her into cu fody and fixing her bonds at $1200. John rrested on a similar G he communicated with his n W. Coats was a charge, and the police allege that he acts for pickpockets around the as a scout principal_hotels. He waived a jury trial and the Judge also ordered him into cus- tody and fixed his bonds at $1200. James Fisher, a pickpocket, was up for preliminary examination before the Judge for extracting a pnrse from the. pocket of C. H. Crowell, a teacher, on February 12, at Folsom-street wharf. The case was artly heard, and the Judge ordered him Pn!o custody and fixed, his bonds at $3009. The Judge said that in future he would deal severely with well-known pick- pockets arrested for vagrancy and would ake it a rule that they must be present in court at each calling of the case if they happened to be out on bonds. —_—ee————— Fire in Sunset Valley. Fire broke out in the one-story frame residence on Forty-sixth avenue, be- tween I and J streets, owned and oc- cupted by Thomas MacMullen, at about 4 o'clock yesterday afteérnoon. A high wind was blowing at the time, and in less than an hour the building was in ashes. Mr. MacMullen’s two children were sick in the house, but both were got out in safety and made as comfortable as possi- ble at the residence of a’neighbor. The loss is about $1200, partially covered by insurance. The fire is supposed to have been caused by sparks from a stove igniting the woodwork in the kitchen. ——— Judge Slack Admitted to Practice. Ex-Superlor Judge Charles W. Slack was admitted to practice in the United States District and Circuit courts yester- ay. COUNT D’ALMENAS NOT A FIGHTER MADRID, Feb. 23.—In the Cortes to-day the debate on the conduct of the war with the United States was continued, but lit- tle of interest was developed chamber. Count d’Almenas declines to accept the challenge to-a duel sent him by General Linares, whom he had charged with cow- ardice in connection with the capitulation of Santlago. He declares that he will not yield to intimidation, but will "continue the campaign against the generals in the Senate, wheré he will re: the violently provocative letter. he received from Lin- ares. ‘General Pando intends to speak against eace with the United States, and will hen resign his Senatorship. argy - FOR BEATING A WOMAN. SAN JOSE, Feb. 23.—James P. Tread- well, son of the late millionaire Tread- well, owner of the Yamous gold mine of that name in Alaska, was arrested to-day for beating Georgie Woods, an inmate ot a disorderly resort. The trouble occurred on February 13. So severely was the wom- an beaten that for a number of days it was feared her injuries would prove fa- tal. Her face and neck were black and in either | blue and her eyes swollen so she could not see for several days. It is only the past several days that she has been out of bed. The affair was kept quiet, and only leaked out a few days ago. 'he Po- lice Department began an investigation, with the result that Policeman Campbell swore to a warrant on which Treadwell was arrested to-day. The young capital- fst was at once arrested and locked up. He occupied a cell about two hours be- fore he succeeded in getting bail, which was_fixed at $100. Thomas Treanor and G. Y. Bollinger, Treadwell's guardian, finally went his security. His trial has been set for February This is not Treadwell's first escapade, and the police have given him notice that he must mend his ways or they will “vag’” him. For some time he had been living with the Woods woman. He inflicted the brutal punishment while engaged in a drunken orgy and without any apparent cause. e o s NEWARKS BEAT SANTA CLARA. SANTA CLARA COLLEGE, Feb. 23.— The game of baseball played here yester- day afternoon was the most exciting here this season. Both teams played in splen- did form, and the result was in doubt un- til the last of the ninth inning, when Charlie Doyle, the premier pitcher of the coast; cleared the bases with a three- bagger. Doyle's playing was easily the feature of the game, and he proved be- yond a doubt that he is not only a great pitcher, but an excellent batter. The Newarks were greatly strengthened by the addition of O'Dea and Andrews, late of the champion Seattle team. For the col- lege team Connor, Galtey, Farry and Leake played in a faultless manner. The following is the score: SANTA CLARR COLLEGE. AB. R. BH. SB. PO. . B Leake, 5. s. i e ey Farry, 1b 3 @y Tl aie Graham, o. $ 02000 1UBN38 057 6 elly, . o MR Prill, 26 P E b kel s e Mahoney, 451 58 LU 08 Connor, Sl T 0 10 Coward, 1 T e e Galtey, 'e. . e e 2 L 1 0 0 0 o Tl Bl & T AB. R. BH. SB. PO. A. Dovle, 8. 8. & D..... § Sy O'Dea, 3b H B0 R o1 Andrews, 4 sy Nightly, 5 3 ol #7230 A. Hirch, 5 o 3 0 P 2 O Hireh, 1. 4 05010 D0 Delaney, . £ 4 0 0 1 0 0 Watkins, r. 1 [oe Al SRR £ Norris, e. r 120 ae ) 17 T BY INNINGS. 2 60000007 | 001200 ¢ UMMARY. Home runs—Doyle, O'Dea. Three-base hits— Doyle, Nightly. Two-base hits — Andrews, Nightly. ,, Struck out—By Kelly 13, by Andrews 3, by Doyle 8. Hit by pitcher—Leake, Kelly, Connor, Andrews. Base on balls—Kelly 4, Al drews 2. Doyle 1. Passed balls—Graham 1, Norris 4. Wild pitches—Andrews 2, Doyle 1. Left on bases—Santa Clara 10, Newark 6. Umplre—Willlam Foley. Time of game—2 hours. e Mrs. Young Acquitted of Arson. AN RAFAEL, Feb. 22.—A jury acquit. téd Mrs. Augusta Young of Tiburon of the charge of arson, in seventeen minutes this evening, and the woman s now free to return to her home. The principal event of the day was the testimony of Mra, Barnum, who corroborated that of Miss Matilda Lutzone in several particu- jars.. The most of the day was spent in summoning witnesses and trying to prove %he bad character of the witnesses for the prosecution. Mrs. Young also took the stand in her own behalf. The evi- dence against Mrs. Young was -clear, but Sympathy for her sex is believed to have caused her acquittal. During the day her baby was brought in to her—many be- lieve by a prearranged agreement—and upon her making a rush to grab it Judge ‘Angellotti was obliged to have Sherfft Taylor remove the child from the room. Measures lnti‘oduced in the Legis- latures of Several States to “Throttle C ompetition. There is trouble brewing for the specialist who advertises his methods of curing disease. It is Intended as well for all colors and kinds of adver- tising doctors, and especially is it di- rected against those who have made electricity their special agent for the relief of suffering humanity. This class has been the sharpest thorn in the side of the regular practitioner, who sees his trade being ruined by the growing popularity of Electricity as a vitalizing agent. The repeated successes in_ dif- ficult cases by using electricity, and the awakening of the people who want treatment to_the fact that medicine is a back nufiber, are taking patients away from the doctors and they are go- ing to use their influence to have laws passed by the State Legislature which will prohibit the sale of such articigs as are intended to compete with dru as a cure for disease. In Colorado, Oregon and California measures have been offered calculated to place diffi- culties in the path of the advertising doctors; those whose plan is to cure with electricity, such as Dr. McLaugh- Hn, with his famous Dr. Sanden Elec- tric Belt. The osteopaths and other kinds of specialists are also aimed The purpose of these biils is to maks it impossible for any but the regular pill grinder to do business, irrespective of what the mam who takes the pill thinks of it. Being a doctor is-simply a trade—a means of livelihood—Rkence competition hurts as it does in any other line of trade. It is natural that doctors should kill off competition when they can. It would be a strange thing to hear a doc- tor recommend his patient to use one of Dr. McLaughlin’s Electric Belts, yet these belts have a record of over 10,000 cures accomplished during the past three years. Most of these cures were of cases where drugs had failed to do any permanent good, and the claim made by Dr. McLaughlin that elec- tricity is the basis of all human vitality seems well founded. The man who has not done much doctoring can take his choice, but the one who has used his stomach as a dumping ground for all the various forms of antidotes, stimulants and se- datives prescribed by medical men can get relfef from these and a cure for their troubles by applying to Dr. M. A. McLaughlin, 702 Market st., corner Kearny. He has a very int book on the subject, which is sent sealed, free. ;