The San Francisco Call. Newspaper, May 20, 1899, Page 6

THE SAN FRANCISCO CALL, SATURDAY, MAY 20. 1899, Address PUBLICATION OFFiI T 1888, EDITORIAL ROOMS Telephone Main DELIVERED BY CARRIER! le Copies, 5 cents. Including Postage: Terms DAILY CALL ( 6.00 DAILY CALL (1 ay Call), § me DAILY CALL ay Call), $ months.. DAILY CALL—By S - SUNDAY CALL One Y g 1.50 | Y CALL, On 1.00 | WEEK OAKLAND OFFKCE.... oo = NEW YORK OFFICE A;;JOHN D. SPRECKELS, Proprietor. | Communications to W. S. LEAKE, Manager. ...Market and Third Sts., S. F 221 Stevenson Street 15 CENTS PER WEEK. 3 908 Broadway Room 188, World Building | C. GEO. KROGNESS, Advertising Representative. WASHINGTON (b. C.) OFFICE CHICAGO OFFICE ‘Wellington Hotel C. C. CARLTON, Correspondent. Marquette Building C.GEORGE KROGNESS, Advertising Representative. BRANCH OFFICES—527 Montgomery street, corner Clay corner Sixteenth, open until 9 o'clock. 2518 on street, open until 9 oclock. 106 Eleventh | open until 2 o'clock. 1505 Polk street, open | v 9:30 o'clock. NW. corner Twenty-second ana | Kentucky streets, open until 9 o'clock { r—— — = | AMUSEMENTS. SAN FRANCISCO @ND DEWEY. N FRANCISCO will have a monument to Dewey, and it will be of a character sufficiently noble and artistic to rank among the best ex- | amples of American monumental architecture of our That much appears well assured by the re- sponse which the public has given to the suggestion of The Call that the erection of the monument should | be undertaken. f As was to have been expected, the proposal bf th enterprise has been followed at once by considerations as to where it shall be placed. That, however, is a matter that can be postponed for a time. The choice | of site will form a part of the artistic problem of de- signing the monument, for the one of course must | be appropriate to the other. All in due time these matters will be considered, and the decision, it can hardly be doubted, will be satisfactory to the con- tributors to the fund and to the general public. It is to be noted that eve: subject the consideration it merits recognizes the fit- of making San Francisco the place where Dewey’s | victory is to receive its most enduring memorial and i the hero himself his most notable monument. More- over, all concede that it will be far better for Cali- formians to contribute to the erection of a monument here than to the purchase of a mansion at Washing. time. nes n until 930 o'clock. 387 Hayes street, open until | ton. The monument will be essentially a manifesta- o'c 621 McAllister street, open untll 930 | i) of Western loyalty and will be a heritage of k. 615 Larkin street, open untll 9:30 o'clock. | i e s g b ssion strect, open until 10 o'clock. 2291 Market | the people for centuries to come, while the Washing- ton mansion will but scantily represent the West, and, moreover, will have nothing of the nature of an en- during memorial Now that the movement has been started and is under the direction of an able committee appointed Iby the Mayor, the next thing is to carry it forward with a speed sufficient to generate enthusiasm as it and ‘“‘Cavalleria Rusti- [£0e€s. e time is propitious to the undertaking. It cana g | is but cear since the great victory was won, and His | every incident of the glorious triumph is fresh in the is streets Races, ete. . Sunday unday, May A. Ramm, in St ort Amusements yaudeville every afternoon . Market street, near Eighth—Bat- | Mary's Cathedral, every AUCTION SALES. Horses Oakland May 2 Buggies, etc., at at 12 o'clock. Real THE PANHANDLE EXTENSION. minds of all. We have but recently celebrated with nt joy loyalty the festival of Dewey the ardor of the occasion has hardly yet . The public mind, therefore, may be ttuned to the enterprise, and its rightly appealed to will be cordial, prompt and generous. he standard of excellence to be attained by the ould be set high. Nothing commonplace ir nsiveness when i size will do. Dewey's victory y to com- empire over the greatest of the oceans of the signifi fore San Francisco a broad pathwi earth That path has been opened at a time when the | Pacific is beginning to be the field of the greatest It s a world power and one ctivity of the expanding energies of the nations. made this republic kno that from this time forth is to be reckoned with in all questions aff Pacific Ocean affairs So great for the extension of the beautiful |an achievement cannot be fitly marked by a monu- o to e Golden Gate Park to mental structure of anything less than the highest has fairly attracted attention, and | grder. it is considered the better are the prospects S— — - for its success. When popular interest in such an WHAT IS TREASON? R e e Lt HE question again becomes pertinent. The SR ‘_‘“.‘\’ for its indorsement, whether | constitution defines treason. but in such a way develops it be regarde citizens of San Frapcisco are justly proud of their great park, which has not only proved a local tion and exerted a most beneficial influence yon the community to the e illustrate the attracting to angry war great deep, it will be simply i omparable. from an esthetic or from a utilitarian but has won the admiration of nd foreign visitors till its praises have d throughout the world. But, though i agement and artistic dy wrought wonders by the conver- ge of the spent breakers adation from soothing murmurs moods of the | So far | as to leave the freedom of discussion untouched | American citizens have always been free to discuss public policies, because it is only by su ussion | that the foundations of the Government can be main- When the Spanish war was undertaken to remove the obs by ereignty to the desire of millions of people to be free, tained, les presented Spanish sov- no one dreamed of any change in the institutions or purposes of this republic. The struggle for independence in Cuba began in barren solitude into a scene of bewildering 1893 [he national platiorms of 1896 dealt with it it be remenibered that jarom:a strictly and pra <m\-.'-nh_\- .\mgnc‘{n stand- in progress and not half | Point. _'l'hc Republican plkmn‘nrm said:* “From the Sl e by vears before ‘the marvelbos hour of 1{(‘!|!"\11x};“l]]ui’r own independence the peo- SRR \r e et that ple of the United States have regarded with \\'m]y:l.lh)' N is comp ot Im;‘(hv struggles of the other American peoples to free i themselves from European domination. We watch | with deep and abiding interest the heroic battle of | the Cuban patriots against cruclty and oppression, and our best hopes go out for the full success of their de- | termined contest for liberty / one who has given the | vised there is no large city on this con- | urope that can thus concentrate the | in site phases of naturc upon a combined | national and municipal boundary, which, it may be observed, marking the Western limit of this repub- | lic, connects the highest development of fraternity on | the land with that vaster f a, where governments as well as men are equal in right and ernity of the s in opportunity The creati of Golden Gate Park has already stim liberality of opulent citizens to an e> tent that will be felt morally and intellectually for cen- the lavish tior ry to recapitulate come W The Populist national ¢ tender to the patriotic people of Cuba our deepest | clusive that it cannot be overborne by any combi- | sympathy in their heroic struggle for political free- | nation of mil‘ilnry and political influence. The find- | dom and independence, and we believe the time has ing that Dreyfus was guilty must certainly be quashed, hen the United S | the world, should recognize that Cuba is, and of right onught to be, a free and independent state.” The Deniocratic platiorm sai sympathy to the people of Cuba in their heroic strug- gle for liberty and independence.” Those expr whole people. nvention declared: “We tes, the great republic of “We extend our. ions represented the sentiments of the The e uttered in a spirit of devo- w educational rt of our metropo: industrial population inhale of res the response w stant that loc the S0 gifts of money that have aided the labors of the Park | But, when the invitation t 1d sanitary opportunity is extended to s, and the toiling thousands o this ficiting 1d purifying nature almost at their | 11 be so general and so con- munificence will search the globe for new attractions to perfect its relations with appre- ciative humanity. There are utilitarian views of the panhandle ex- that should be ation of tension mr not vard will p and furnish The value of resi tant section subject will ent it is sufficie sound public conservative opposition tisans impr of the m f ricipality. ther elaboration. t to ob: that the rapidly req rve opinion is overiooked. mount of money in ci Th e con- ahd and buildings for the new boule- tlation nt for many laborers and ar- vement itself will also enhance the dence property over a large and impor- This branch of the | Jut at pres- pressure of silencing ultra- When capital and labor are united in the advocacy of a wise public expenditure the combination is irresistible. An unexpected gleam of i ence has at last shot through the heads of the Piute Indians who.are hol vation way of imposition, but they have mously against bookmakers on horse races. The highbinders of C hatcliets for new victims. Fifty dens are in almost open operation. tery dealers are plying their energy. have acted as an inspiration. trade with ng high carnival on the Pyramid Lake reser- The Piutes can stand almost anything in the rebelled unani- natown are sharpening their Chinese gambling | The Celestial lot- | renewed | Recent police reforms in the district seem to The authorities at Washington are inclined to treat lightly the stoning of the American Consul +Manaos as Brazil is very friendly with the Otates. opinion that there are some cases be protected from his friends. The Populists are taking steps ghemseives in the next national to prevent campaign. at United Perhaps the injured Consul entertains an where one ought to losing With a hope that they may be found somewhere after elec- tion day they have repudiated all allegiance to the cause of William Jennings Bryan. tion to our own institutions, and in a certain sense were boastful of our own position as the citizens of a country in which Government derives its just | powers from the consent of the governed. The very language of some of those platform pledges was taken from the heroic declaration of Thomas Paine when he ended the intercession of the colonies at the feet of George 111 by that bold sp h, “These colo- nies are, and of right ought to be, free and indepen- dent’ State There is no room for disputing that the American people intended those platiorm pledges to apply everywhere, in the East Indies as well'as in the West, and any proposition to limit their application to one place and apply the monarchical principles of impe- rialism in another place would have been hotly re- sisted and beaten in any of the three national con- ventions. | Surely it is a startling fact that our imperialists are now daily denouncing the spirit of those platforms as “trecason” and those who adhere to those pledges las “traitors.” We have preferred to abide by the American policy and stand for that highest Americanism which ani- mated all political parties in 1896. If to stand fast in.that &pirit and purpose is treason, by what term can we characterize the expressions of the im- | perialists? One of them declares the Federal constitution out- grown and no longer worth discussiig. Mr. Reid, one of the negotiators of the Paris treaty, says: “It is time to begin teaching the American people the absurdity of that clause in the Declaration of Inde | pendence which derives all the just powers of govern- ment from the consent of the governed.” The Rev. Dr. P. S. Benson says: “As to that hallowed docu- ment that declares that all governments derive their jl‘|.l\ powers from the consent of the governed, if that |15 to be literally construed, there never was a greater lie palmed off by the devil upon a credulous world.” The list of these imperialistic expressions can be in- | definitely extended. The form varies but little. Their | spirit is one of active revolt against the restraints and limitations of the Federal constitution and of | most contemptuous repudiation of the principles of the Declaration of Independence. One is {amazed at the large number of men who take this position. The; k the country to indorse them, to affirm their views, and they denounce opposition as unpatriotic and treasonable. All this brings in sight 13 very disquicting situation, If the patriotic declara- justly | ; tions of the three political parties in 1896 are patriotic no longer, and if government by consent of the gov- erned is a devilish lie, when the men who hold these views achieve power the republic will have reversed itseli. ~Government will then be held to derive its powers: from the will of those who govern, and self- ;goverm’nent will have perished from the earth. : i Though we stood alone we propose to deny now | and for all time the thesis of imperialism. We deny that the constitution is obsolete and the Declaration of Independence a lie. We deny that what was pa- triotic three years ago is unpatriotic now, and we warn those who manage parties to aveid identifica- tion with these imperialist denunciations of Ameri- can principles. |THE SPIRIT OF TRUE CITIZENSHIP NDER the title of “Civic Pride” Herbert E. Law contributes to the Merchants’ Association Review a notably strong article on the nature of the public spirit necessary to make San Francisco | great and prosperous. “Civic pride,” he says, “‘seems | to be the one thing lacking among our business men and newspaper men in many instances.” His argu- ment is that we scold too much, that Harping on evils Kdaes not cure them. On the contrary, such self- | denunciations do harm, for they are scattered far and wide and give the city a bad reputation abroad. He says: “What we should do is to talk about the city, its ‘»prospects and its possibilities. We want to dream | about them. We want to read about them. We | want to have them constantly before us and to tell of them so firmly, so often and so well, that we shall ‘make converts. We want to gather people to us, and, with them, work out a great destiny for the city. As! to the disadvantages and the difficulties we have here, there has never been a city of any note in the United | States that has had as few as San Francisco. Stop | and think for a moment of the tremendous disadvan- tage under which Chicago labored. It is within the nemory of man when the best part of Chicago could not be given away. Cities, like other things, are what people make them. We have every reason to be enthusiastic over the future of San Francisco. It is destined to be the center of the greatest traffic of all | the commercial cities of the Union.” | There is much in the policy proposed that is attrac- | tive, and no doubt there is considerable wisdom un- derlying it. It is well that a people should not infre- quently take notice and account of their advantages and their excellencies and make them known to others. Optimism not infrequently stimulates energy (and encourages industry to greater efforts. It is al- ways productive of cheerfulness, and that in itself goes a long way toward advancing the fortunes either of | individuals of communities, for it not only | strengthens the endeavors of the worker, but it wins friends. | i Nevertheless Mr. Law is hardly justified in treating those who point out the evils of the city as persons | lacking in civic pride or patriotism. An abuse that | | is never denounced will never be cured. Nor is it | correct to assume that the denunciations of such of- | abroad. and sea- | for example, do not need us to tell them | about the shipping facilities of San Francisco and of | the port charges. They are well aware of all our de- | Saying nothing about them will not cure them, and, Mr. Law to the contrary notwithstanding, harp- ing on them has a tendency to do so. We are in-| deed reforming by degrees the evils among us, and | may eventually remove them all, but we will never do so by any process of boasting of the city or brag- ging of ourselves. s e ———C— THE DREYFUS CASE. | JT is now expected that the Dreyfus case will be decided by the French Court of Cassation early in June. There are few disinterested men who have | followed the investigation without beéing led to a be- lief in his innocence. It is demonstratively proved | that hig conviction was procured by shameless frauds, and that his protracted incarceration on Devils Island is a reproach to the republic of France. | Tt is useless now critically to examine the addi- tional evidence that has been received and published. Much of it is cumulative. As a whole it is so con- | | or fenses injure us Ship-owners capt fects. and it does not appear that any retrial can be justified. | A singular phase of this extraordinary case is re- vealed by a recent publication in which Canon Delas- sus of Cambrai, in France, complained that Dreyfus had received moral support in the United States, for which he held the American Catholic church respon- tsible. F , and yet thig France is nominally a republi learned Frenchman is totally unable to comprehend | | the formation and the expression of public opinion in a country where there is a complete separation be- | tween church and state, and where, by constitutional | | elimination, bigotry and intolerance are practically | impossible. Millions of Americans of all parties and | creeds, Catholic and Protestant alike, have considered | the Dreyfus case and have believed that he was a vic- tim of fraud and of military oppression. They live under a form of government limited to secular ob- ;}ccts. under which man is invested with inalienable rights, and among them that of being presumed to be innocent of crime until proved to be guilty by reliable {and competent testimony. In the case of Dreyfus they saw that he had been made a scapegoat by | | French officers connected with the general staff of | the army, and that, by fabricated evidence, he had been subjected to cruel and undeserved punishment. | The qitestion of his nationality or his religion was not even an element in their consideration of the facts. Equality before the law, fair and open trial, | fieedom from concocted persecutions, judgment rest: | ing upon truth and upon principle, are the preroga- | tives of every human being in the United States, citi- | zen or alien, barbarian or civilized, Jew or Gentile, | Pagan or Christian. | American citizenship, therefore, without distinction of race, party or creed, resents tyranny and injustice, no matter what the pretexts or the sophistries in- volved to justify them. It inquires only into the case itself, when its intelligence and its manhood are en- %]iblcd by such conditions as surrounded the trial and | the exile of Dreyfus. It condemns persecutions in | America, in Russia, in Germany, in Ireland, in France—wherever humanity exists. The attack of Canon Delassus upon the American Catholic church, using the phrase in which he groups together our Catholic fellow citizens, was not only unwarrantable but evidently grew. out of his ‘total inability to separate questions of government from qucstion; of race or of religion. It was simi- | lar to the virulent critieisms by Dr. Zahn of Arch- | bishop Ireland, whose patriotism has been so deeply recognized in this country, who has been so de- servedly and so signally honored by Pope Leo XIII, | and whose recent address upon Joan of Arc was among the notable productions of the century. The indignation of Washington churchmen, so forcibly expressed, will be shared by American citizens gen- erally, who regard the separation of church and state as a fundamental necessity and who believe that po- | Booker's statement Attorney litical liberty is best subserved by religious neutrality. WATER COMPANY'S BILL FOR MARCH WILL BE PAID S Agrees to Reduce Its June Demand. P ALTA PLAZA DISPUTE ENDED the premises of the consum &lfiy :,gg?l therg is an intention to dis- continue the use thereof, ‘‘after which,” in the language’of the section, “no charge shall be made for water for said premises until the use of wa- ter is resumed.” If. this section refers to the muni- cipal corporation of the eity and coun- ty of San Francisco, as well as to all private corporations and natural per- sons, then, hefore a_charge for the water in December, 1804, could be de- feated, it would have been necessary for the city and county to have given the company the notice therein re- d. m}‘r:emh ordinance is found frequent mention of the City and County of San tiseo. Fl'l“‘a(::"(ins ance, the first sentence pro- vides, among other things, for monthly rates or compensation to be collected by any person, companay Or corpor: tion engaged in the business of sup- plying water . N £ Hor muni- cipal uses, and for all public pllr[guhb; of the city and county of San Fran- cisco; and tion 11 provides the rates of compensation to be collected for | water supplied by and thrupgh ép- drants to the city and county of San Francisco; and section 13 provides that > all water rates, cxcept meter rates and city and (;)lun y rfitesficngrcfl(}]\:]ctahr)l(z ay: in adva y 13 ALLEGED OVERCHARGES NOT hiiy'CiRtuityia ounty ratce are SUBSTANTIATED. due and payable at the end of each month. ' These citations show conclusivel B v that the Board of Supervisors in passc The Attorney for the Corporation Backs Up His Contention With a Clear Explanation of the Law. gt The controversy between the Board of Supervisors and the Spring Valley Water Company over the payment of the company’s bill for water furnished the city during the month of March has been flnally settled and the com- ing resolution No. 10049, recognized that the municipal _corporation of the city and county of San Francico w}wul‘d be 'a purchaser and consumer of water under that ordinanc Section 14, as I have shown, requires notice of discontinuance to be given by consumers. It applies to all con- sumers alike; it does not say, and there can be no reason why it should have said. that natural persons who were consumers of water should be burdened with this requirement !\'h(l; puh“h(‘ and private corporations shoul; not be. The only foundation for an argu- ment that this section does not apply to public and private corporations as well as natural persons is lh&‘" use therein of the personal pronoun ‘“his. The use of this word does not limit pany will get the full amount of its| the an“'mm" of this ‘scrglnh_n;g claim. It was alleged that during the na!ur: B pulxs]|=::lvol?wll‘g;nit ;‘[“”m past five years the water company had | PevsOl | RO IREG, Foection would charged for water furnished the whole of Alta Plaza, when, as a matter of fact, only half of the plaza has been under cultivation. It was claimed that these overcharges amounted to $6110 92, and an attempt whs made to deduct this amount from the March bill. The matter was referred to the Com- mittee on Water and Water Supply for investigation and was takenup for con- sideration at the meeting of the com- mittee held yesterday morning. Edward Deady, ex-gardener of Alta Plaza, was called as a witness and testified that during the years 1897 and 1898 no water was used on the unimproved portion of the park. He admitted that mains and pipes were in place and the water ready for use, but could not remember but ore or two instances when it had been used. It developed, however, that in the latter part of 1894 the city let a contract for the grading and improv- ing of that portion of the plaza now in dispute and that water was used by the contractor for a year thereafter. George E. Booker, chief clerk for the water company, said water had been used on the disputed portion of the rlaza during the greater porticn of the period covered by the alleged over- charges. He also said that not until the park was under cultivation did the company put in 1ts bill to the city. He stated that it wes a general rule with him never to make any charge until a place was under cultivation. Supervisor Byington asked Mr. Rcoker if he could tell what amount of water had been used in Alta Plaza from October, 1894, to the present time, but Mr. Booker was unable to eniight- en him. He did say he had seen the water used, but added that he did not think the park was Kkept up in very | good condition. The chief clerk informed the com- mittee that the bills of his company had freguently been voluntarily re- duced. He sald the water company had charged the city at a low rate so as to keep within the one-twelfth act, as it could not afford to come before the board and have its bills tied up, as such a course would result in the com- pany losing a part or even the whole of the amount of its bills. He also sald the company was making its charges less than they should be if the legal rates were charged in every in- stance. Mr. Booker testified that he lived in the vicinity of Alta Plaza and watched its progress. He was positive the water had been used. At the conclusion of Chief Clerk Kellogg, representing the water company, said. “The, evidence shows conclusively that water was supplied to the entire | Alta Plaza Park in 1894 and that for nearly a year-it was continuously used by the city in irrigating that park. Afterward the city used the water on the disputed half of the park and never | from the time water was turned on | by the company until the month of | March, 1899, did the city ever orally or in writing notify the company that | it was not using or did not desire to use the water. And the company did not know until March of this year that the city desired to discontinue its use. “Even then the authorities desired the water to remain on the unused por- tion of the park, but requested that the amount be deducted from their bills. This was immediately done and has since been done. ““All the bills from 1894 to March, 1899, were aundited and approved by the proper committee of the board, and by the board and the city officers, and paid. This was done after the very question now under discussion had been thoroughly investigated by the preced- ing board, acting under the advice of City and County Attorney Creswell, ‘whlch I will read to you. It is as fol- ows: Liability of city and_ county to be charged for water whert notice to dis- cantinue supply has not been given. February 9, 1805. To the Board of Supervisors: I am in receipt of the communication of the Joint committee on judiciary and finance of the board dated January 29, 1895, asking my opinion of the lia- bility of the city and county for the charge of 72550 of the Spring Valley Water Works for water supplied in the month of December, 1894, for pub- lic squares and parks. ~The charge was made under resolution No. 10,049 third series), adopted by the Board of Supervisors March .12, 1884, which is the present water ordinance. I do not of my own knowledge know whether or not water belonging to the Spring Valley Water Works had been rior to December, 1894, supplied by hat company to the city f\ll({ county for the irrigation of the public squares and parks by means of pipes or other- wise extending into the same, and if so, whether the water was in Decem- ber, 1804, ready for the use of the city and county for that purpose at the pleasure of- its employes, T will assume, however, that such is the case, and that prior to December, 1894, the ‘city and county had been us. In% the same. here is a general rule of law, sup- ported by decisions tod numerous to cite, that “a sale is perfected by d livery when the property is so situ- ated that the purfhaser is entitled to and ean rightfully take possession of ItBat jh|s l|:: eanusrei" A enjamin on Sales, m. Ed., % 679, cases cited. ; fee Means vs. Williamson, 37 Me. 56, If, then, according to this rule of law, the water had been delivered by the Spring Valley Water Works in December, 184, " upon the public squares and parks for the use of the city and county for irrigation, and was so situated that the city and county was entitled to and could rightfully take possession of it at pleasure, then the sale of it to the city and county was complete, and the cost of {he same at the established rates is a legal charge against the city and county. Resolution No. 10,049 is the present water ordinance of the Board of Su- Ppervisors. Section 14 of this resolution requires, in effect, that all consumers shall give notification to the company In writing to cut off or dicontinue the water sup- have applied to public and private cor- porations as well as to natural per- Sons. - It has been repeatedly held by the courts of I ort in the United * States that ‘‘when persons are men- tioned in a statute corporations are ir cluded if they fall within the gener reason and de of the statute. (Angell and _Ames on Corporations, gecs. 6, 19, 265, 271, 407a, 441, 458 271, 4073 »-application of the word ‘‘person” to cornorations 18 recognized by the Codes of California, sec. 14, Civil Code. T am therefore of the opinion that if the Spring Valley Water Works sup- plied water to the city and county so that the same could be used for the. jrrigation of the public squares and parks at the pleasure of the employes of the city and county_entrusted with that, duty, and that ‘the city and cournity gave no notice to discontinue the use of the water for the month of December, 1895, the city and coun is legally liable for water for that month at the rf“‘t\(‘(t}':fi‘“r})“sh?dfirby Res- i No. 10,049 (third series). o .\?(I\IRRY T. CRESWELL, Attorney and Counselor. “This doctrine,” Mr. Kellogg con- tinued, “has been maintained by every court where the question has arisen and it has been universally recognized | by the municipal authorities here since it was enunciated by Mr. Creswell. It also is apparent from the testimony of the gardener as well as Mr. Booker that the city has used the water as occasion required. It is therefore not legal nor equitable in view of the d‘u trines stated in the opinion and in view of the facts, that the present board should attempt to review acts of their predecessors which had been not only | adjudicated but completed in accord- | ance with the doctrines of the board. “Payments have been made and ac- cepted and receipts passed in full | knowledge of the .existing circumstan- | ces. There was, therefore, no error whatever from any point of view in the bills which had been presented and paid and no right vested in this present board to review such acts of their pre- decessors as had become functus officio. When it was admitted, as it must be, that the claims of the company had been properly presented and paid and that they were just and proper, I stand ready, not as a matter of right upon the part of the municipality, but for the sake of avoiding further disputes and delays and for the purpose of closing up the business of the fiscal year in due time, to deduct from the June bill | the amount in dispute. I do this be- cause there would be a deficiency in the general fund and because I desire no further disputes or delays in the payment of the already accrued bills and the bills to accrue between now and the fiscal year.. It must be d tinctly understood, however, that th was not done as an admission of any right on the part of the city, but with a constant denial of that right and the assertion fully sustained by the facts and the law, that all the bills of the company have been correct and lggal.” The committee deemed this offér to be a fair one and so accepted it. A recommendation will be made to the board on Monday that the full amount of the disputed claim be paid. ANSWERS TO CORRESPONDENTS. A GOLD PIECE—Mrs. A, Alameda, Cal. "A five-dollar gold piece of 1845 does not command a premium, WAR BALLADS—R., City. There has been issued a book of ballads inspired v the Spanish-America War. It was published in this city under the title of ‘War Poems of 1898 and may be had at the book stores. MARINE ENGINEERING-E. J. S, City. Apprentices on the Independence at Mare Island are not taught marine en- glneering. Apprentices are educated to 11 the positions of seamen and petty of- ficers. They cannot become commissioned officers. LAKE TAHOE—F. J. R., City. Lake Tahoe is in two States, California and Nevdada. Tt is not private property. No one would have the right to tap the lake for the purpose of drawing water from it to supply the neighboring country with- out authority to do so. CLEVELAND'S FIRST TERM-M. L. R., Colusa, Cal. On the 3ist of December, 188, three months before Cleveland en- tered upon his first term, the assets of the United States, according to the report of the United States Treasurer, were $51l,- 277,120 06. On the 31st of December, 188, the assets were 1,650,637 24. BATTERIES-C. A. B., Lompoe, Cal. An clectrician sa; “If the correspondent wishes to run his engine all day and finds hours, let him use as many batteries as are regulred to keep the engine in oper: tion, alternating. If a six-cell battery furnishes the requisite power he need not increase the number of cells.” PRO_I‘EHT‘I FOR TAXES—P. T., City. In British Columbia taxes are a lien on the property, and if the taxes are not paid sufficient of the property may be sold to satisfy the amount of taxes. As to the selling of property in that country while 2 resident in this city, vou had better con- sult some real estate broker. AT THE THEATER-S., City. When a gentleman accompanies a lady to a thea- ter he should not leave his seat until It is time to rise and escort the lady home. At the opera, when there are long waits be- tween acts, the gentleman can ask the lady to promenade, but if she declines it Is his duty to remain seated with her and engage heér in pleasant conversation. TO REACH LAND-F. A. H,, Trinidad, Cal. If a man owns a plece of land to which there is no road and the owners of adjacent property refuse him a right of way, he should consult a competent at- torney, who will advise him as to what his rights are in the premises. The ques- tion as asked is one that cannot be an- swered, as it ddes not contain facts suf- ficient from which to reach a conclusion. —-— . e Going to the Country. You will see how nearly all the attract- ive resorts look in the Outing number of 8. F. News Letter Saturday. 40 pages, | beautifully illustrated, 10 cents. L that a six-cell battery gives out in five] PRIESTS REFUSE 10 ADMINISTER A BIG BEQUEST e A Hundred Thousand Rejected. S THE ARCHBISHOP STEPS IN lighe g WANTS THE DONAHUE LIBRARY FOR YOUNG MEN. e An Amicable Contention at Law In- volving an Intricate Point and a Large Sum of Money. —— i 1t is not every day that people can W, found with courage enough to refuse & legacy of $100,000, no matter how arduous the conditions attached. Still there are some in this city, the trustees of St. Ig- natius College being among the number. Under the will of the late Mrs. Annie Donahue, widow of Peter Dor . there was left to them the sum of $100,000 to be used in founding ahd supporting for the benefit of Catk young men a library, to be called in memory of her husband the Donahue librar At a recent meet- ing of the college trustees it was de- cided to reject the bequest for the reason that under i terms no provisi was made for the payment of satari incidental expenses of the library tees did not feel they could other which the t undertake. Archbishop Riordan, who naturally t a great deal of interest in such an insti- tution, seeing that it was in his arch- diocese that the benefits of the libra would be most generally felt, learned regret of the r -tion of the legacy. He decided if pos: that the institution founded, and to that end he should be has asl gelf as tru in the bequ to carry out its pri ? maintain the libracy for Catholic young men. The application has just been presented in the Superior Court by the Attorney General on the relation of the Arch- bishop. It will be heard next Friday be- fore Superior Judge Troutt, when eX-At- torney General Fitzgeratd and Robert Y. Hay will pan ar in_support of the ap- plication, and John Garber and Barclay Henley, representing the heirs and de-4 vige under the will. wiil resist it. ‘ resistance of the heirs and de- visees to the application of the Arch- bishop is understood to be entirely f I(‘n:{ly and undertaken only with a de- sire to have the matter forever adjusted by the court. Taking this position, the heirs contend that {t is apparent from the face of the will that Mrs. Donahue appointed the college trustees by reason 0% the personal trust and confidence she had in_their efficiency as educators and upon_their known character and ability to_administer this kind of trust. The Attorney General ta the ground that the Archbishop, having been ap- pointed a trustee for the distribution of $100,000 in charity under another provision of the will, and being the official resi- dent head of all things Catholic in the State; is naturally the trustee to be s lected to carry out the will of the de- ceased in regard to a Catholic library after the rejection of the office by the trustees first appointed. The question at issue is one of consid- erable interest to attorneys, involving as it aoes the principle of cy pres (law French), meaning ‘‘as near as”—that is, in this case to carry out as closely as pos- sible the intention of the testatrix. This intention, .the relator holds. was for the founding of a library alone, the appoint- ment of trustees being merely an inci- dental matter. AROUND THE CORRIDORS Dr. Myrtle Freeburger of Manson, Iowa, is stopping at the Palace. ‘W. A. Barry, navy paymaster at Mare Island, i{s at the Occidental. Dr. L. F. Wilson of Mexico is regis- tered among the guests at the Grand. Dr. T. W. Harris, a prominent physi- cian of Eugene, Or., is registered at the Grand. E. D. Woodruff, a prominent merchant of Salt Lake, is stopping with his family at the Palace. D. B. Hallet and wife of Boston are at the Palace. They will make a tour of the State before returning East. Mr. and Mrs. Alfred Bouvier have left the city for the summer and are now in- stalled in their mountain home, Pine Lodge, near Callahan, in Siskiyou County. ‘W. A. Bissell, assistant traffic ma of the Santa Fe, returned Thu night after a month’s trip to the where he attended a meeting of the Traf- fic Managers’ Association held in New York on April % » courts to substitute him- laqe of those named (1 his willl: sked —_———————————— CALIFORNIANS IN NEW YORK. NEW YORK, May 19.—M. Lane of San Francisco is at the Cosmopolitan; A. L. Meyerstein of San Fran DA B. Larke and wife, of Oakland, are at the Hoffman; Morales Saenz of San Fl’an- cisco is at the Fifth Avenue; A. M. Greely of Stanford University is at the Astor. Arthur Rosenblatt of San Fran- cisco has gone to Paris. e ee————— D. B. Wolff Reappointed. D. B. Waolf ‘was yesterday reappointed to the position of secretary to the Su- preme Court Commissioners by the Jus- fices of the court. Mr. Woolf has held the position ever since the commission has existed. » ——————— Cal. glace fruit 50c per 1b at Townsend's.* e 3 Special information supplied dally to pusiness houses and public men by the Press Clipping Bureau (Allen’s), 510 Mont- gomery street. Telepnone Main 1042 * —_—————— View books of California, photographs, souvenir mailing cards, etc. Best ass ment and best prices at Banborn & Vail 741 Market street. . e Not a aelative. Captain John K. Buiger, one of the United States Local Inspectors of Steam res it to be known that the Mr. Bulger whose funeral notice appeared in yesterday morning's Call is not a rela- 2.of his.” A report to the contrary had been put into ¢irculation. S Seee Rock Island Route Excursions. Leave San Francisco every Wednesday, via Rio Grande and Rock Island rallways. Through tourlst sleeping cars to Chicago and Boston. Manager and porter accompany these excur- sions through to Boston. For tickets, sleeping car accommodations and further information, address CLINTON JONES, General Agent Rock lsland Railway, 624 Market st., S. F. Sy Ask for Allen’s Foot-Ease, A powder to shake into your shoes. It rests the feet and makes walking easy. Cures Corns and Bunions, Swollen, Callous and Swéating teet. Sold by all druggists and shoe stores, 25c. Ask to-day. Sample FREE. Address Allen S. Olmsted, Le Roy, N. Y. —_———— REMOVE the causes that make your hair lifeless and gray with PARKER'S HAIR BATSAM. * HINDERCORNS, the best cure for corns, 45 cts. —_——— Angostura Bitters s indorsed by leading physicians for purity and wholesomeness, Get the genuine—Dr. Siegert's ;