The San Francisco Call. Newspaper, June 13, 1899, Page 9

THE SAN FRANCISCO CALL, TUESDAY, JUNE 13, 1899. 9 ALAMEDA COUN TY NEWS. f H r | my election to honorary membershin. I am Y } very truly yours, GEOR DEWEY. ! \ | _The Masonic Veteran Association of the | Pacific Coast in reply to this letter has | sent word to Admiral Dewey asking him | sent the badge to some Mason at | to pre [ | the Philippine Tslands that he deems worthy of accepting such an honor. | 11918 Captain Coghlan Mason and has | acknowledged the di n with “great | cordfality and Kt | ALAMEDA TIDE LAND. Judge Buckles’ Decision May Save the City’s Water Front. VEN YEARS e ¢ ALAMEDA, June 12.—The recent de- Jim O’Brien ASSlgned | ciston of Judge Buckles of Solano | ' | County holding that the State cannot | to San Quentln- alienate its lands to the Injury of naviga- | tion and fishing and to the detriment of | a community is looked upon as affect: ing | DENIED HlM the title to a large area of tide land sur- | rounding Alar on part of which is ¥ NEW TRIAL IS —o t the narrow gauge mole. The tide | i ATl inds_ we )1d at auciton in 1871 by the JOSIE XERR DEPOSES ABOUT Board of Tide Land Commissioners. con- F P. Johnson, Edgar Briggs FIXING JURORS. — f Sensational Case in Which a atton. kles decision is upheld by the urt these lands will revert to | with the city of Alameda as Deeds to the tide d are now la s Was llowing named: City of Ala Was Kidnaped and the meda H. W. Carpentler, Main" & Win- | Grand Jury Investigated Bacon nd d Improvement Bri , August Drucker, H. Henne- ribery Charges. Crooks, Pacific Land and Im- | Company, W. H. Taylor, | nn. W. P. Jones, J. 18 Luning 3 | Baum, H. H | Schumacher, Stanford Estate, ith { ———— | VARSITY CREW PICKED. | | 0 8en € C The University of California Boat bnfgol cab < Clubs Will Compete in the 1 P e Regatta at El Campo. ind SRKELEY, June 12.—The Boating As- the clation of the University of California responded to the invitation of the Athletic Association of the Ama- thletic Union to participate in the | be held at El Campo June 2. | nous On I G A f the college men are away for | e Gr } mer holidays the clubs had much | 2 week ¥y in finding a crew. They have, | led in obtaining the five crew will be com- fopper; two, Arthur Roy Fryer: stroke. F. cockswain, Eddie Ham- | . crew have gone into training | racticing daily at the Alameda | up for sente k McGow S et r i e A Far Reaching Decision. | d unsupporte —In the suit of the | OAKLAND, June Pledmont Paving Company vs. John All- collection of unpald assess- improvements, ded that clerk of a City cil dy has no power to to which or on which the or consider bids for cision fs far reach 2 e Supreme Court it wili | € every recent assessment for > Sl B reet Improvements in Oakland out W would Nance O’Neil True to Her Father. , were afrs XD, June 12.—George F. Lamson nd has given notice that he will shortly move to have the order directing him to pay his divorced wife, Annie F. Lamson, per month, revoked. He is the father of 15 and alleges actres 2 with his ad- 72 years old assistance ex- er he could thus far. to c rom Rich: 2 L \ded to him b ot have paid the AROUND THE ; CORRIDORS | Senator Voorhels is at the Palace. ndin of Alturas {s at the Grand ator A. F. roville is at the | John is at the Onofre Betheau, from the Argentine Re- a capitalist of Tehama, | public, is at the Palace. Joseph Goldman, a merchant of Merced, tered at the Grand. Lew is reg H. J | lling, a wine merchant from | St. Helena, is at the Lick Hou: Arthur Le a well-known | Stockton attorney, Is at the Palace. Dr. G. P. Bradley, surgeon at Mare | Island, is registered at the Occidental. R. C. Terry wine merchant from | Clayton, Cal., is stopping at the Lick Ho hn Gillie, a well-known mining man 1 Butte, Mont., is stopping at the | 1d Hotel | McCone, the Comstock foundry | registered at the Occidental from | a City, Ne | Summerfield, United States Dis- | ex t the Hotel. Denike, a well-known San Jns“; hant, will remain at the California | 1 for a few days. | W. F. McAllister, the surgeon of | : Veterans' Home, Yountville, is among | at the Grand. | merchant from Port- gar dealer | Grand ne an Honor to Which He Was Not Entitled. Dr. are at the Palace. | a well-known capitalist | merchant of San Luis Obispo, w vesterday's arrival t the Grand eutenant J. B. Ladd and wife, who | b recently returned from Cebu, Philip- | pine Islands, have taken apartments at | the Grand. | Rallroad Commissioner E. B. Edson, | who has been a guest at the Grand Hotel | for several day departed vestgrday for | his home in Gazelle. | Dougl Young, the publisher of Free- | dom at Manil arrived yesterday and | | registered at the Grand. = He is accom- panied by a young Filipino. Mr. and Mrs. Paul, recelpt of ] he Masonic Veteran or the great and Lady | me, but T am | __ =R = laboring under a mis- | Udney and Lord s Compton of | 3 son. Tam not. | London, who are making a tour of Amer- | e any of the | joa, registered yesterday at the Palace | .‘ e deemed it . Iam not a | Hotel. ko 1ng age contained | Professor Dr. Paul Knuth of K nformation of v, who has written several scien- works, and who is making a tour of GRAPE-NUTS. the world in the interest of sclence, will —————— | remain at the P: ce for a few days. He POOESGPOOO0D will soon depart for the Interior of the 4 & | State, where he will study insects and | % | flowers. 54 —_——————— YOU 2 | CALIFORNIANS IN NEW YORK. & T e NEW YORK, June 12.—H. Lauderkin of ¢ San Francisco is at the Fifth Avenue; H. € Jerosulem of Visalia is at the Hoffman; | » | Mrs. Edward Barron and daughters of € | San Francisco are at the Holland; Mrs. | M. Greenwood and daughter, and Walter 5 | J. Barnett of San Francisco are at the 5 | Imperial; F. Morris and wife of San Fran- g cisco are at the Grand; Al Leity of Los 4 54 @ k3 EMPLOY AN EXPERT In Food Sclection When You Eat GRAPE-NUTS The Most Perfectly Made Food for Human Use. Angeles is at the Marlborough. ——————— | CALIFORNIANS IN WASHINGTON | WASHINGTON, June 12—Irving M. Scott returned to Washington from New | York to-day and is at the Shoreham. J. T. Humphrey of San Francisco is at the | Metropolitan. G. R. Presson of San| Francisco is at the Raleigh. J. F. J. Archibald of San*Francisco is at the Re- gent. PEPODHIBDDEIEDEDE- & TO KEEP FOOD CRISP. | A novel way of opening a package of food is shown on the Grape-Nuts pack- e i age, where a line indicates t a slit Democrats Organize. i should be made with a_kni Prominent Democrats of the Fortieth | package squeezed, which n Assembly District met last evening at | enough. to pour out what is ne Franklin Hall on Fillmore street. Perma- a meal, then the package automatically | pont organizadon was effected and the closes, preserving the contents from the | (¢ for the coming campaign mapped | molsture of the air. “ cut. More than 400 residents of the dis- | As a rule Grape-Nuts packages are| i gigned the roll, an unprecedented not kept on hand very long in any | number for a first-night meeting. family, but it well to know how to ddresses were m.’]do by Sidney Van A keep the contents of the package in ck, Jr., M. C. Hassett, Wal ; prime condition. Grape-Nuts are ready | Wise and others. The “Solid Seven” Su- cooked, very crisp, and ¢ be served V'-V\'istnrs wers rnurnd(lg‘ .h~:‘rl¥g, v‘:vhx”e the nediate ith 2 good ¢ or | decent members o e b vere ac- immiediately with & ““,l; "“pgt( "l"v',“ O" | corded high praise for their earnest ef- JOiLk S SThis-tesn dus great advant- | fors to save the city from plunder. age to those who appreciate ease and| ‘Bernard Blepenfeld was clected presi- convenience in preparing breakfast. dent, Plerson Durbrow secretary and Dan- l Price 15 cents per package. iel 8. Curran sergeaunt-at-arms. | him | Gage | now | will probably | day night are complete and that the bes POND OF YOLO MAY BE LABOR COMMISSIONER Gage Has No Use for Trades Unions. HE PREFERS A POLITICIAN OAKLAND’S CANDIDATE HAD A HALF PROMISE. kg i A Man Who Always Delivered the Goods Said to Be Pre- ferred Before a Work- ingman. i Oakland Office San Francisco Call, 908 Broadway, June 12. A quiet tip has been given out that the next Labor Commissioner will be Wallace | Pond of Berkeley, who vears been a Republican leader in Yolo County. has for many | Governor Gage is said to have arrived | at the conclusion that he cannot, without fomenting strife, appoint a new Commis- | sioner from the rank of the trades unions. Some time ago the Governor invited the | trades of the State to submit to five men who would unions the names of be acceptable to them, implying thereby | that from these five he would select on Many names were submitted to him, ac companied by petitions and indorsement and in many instances the Governor says | he has recelved counter petitions, till the s0 mixed that he could clear to do anything with which matter became not see his way the indorsements of the unions regulate labor. With this alleged excuse as a pretext, the Governor, it is said, has declded to name some one for the place who has been interested in politics. Wallace Pond for many vears was a Republican leader in Yolo County and could always be de pended upon to keep up his end in every campalgn. Less than a year ago he moved to Berkeley, where he now con- ducts a drug store, but he has had all his friends working for him, and some of them have enough assurance to justify them In naming him as a winner, This decision of the Governor is a great disappointment to Oakland, which city has been passed by by Governor with remarkable regularit exception of the alleged gold brick in the possession of Charles Spe This city has been Interested in putting forward the claims of A. J. Read, presi- dent of the State Typographieal Union and trustee of the Church of the Advent, a brother trustee being James J. Valen- tine. Mr. Read has beenindorsed by many trades unfons and has received some encouragement from those who are pretty close to the Governor, but it now appears that the semi-promises partook of the nature of Charley Spear's appoint- ment. EXPECT A LIVELY SESSION. the with | | | | Washington prohibited the killing of sea Teachers Dread the Coming I.:eeting’ of Alameda’s School Board. ALAMEDA, June 12.—The Board of Ed- { ucation will meet to-morrow night to elect teachers and a most exciting session is lcoked for. Whether or not changes will be made Is a query that no one can an- swer. The breaking of all combinations through the difference of opinion origi- nating from the payment of the Ballentine bill has left the direciors at sea, and it is probable that not until the vote is taken to-morrow night will the members of the beard themselves know what the results are to be. The directors undertook to hold a se- cret caucus and one of those failed to keep the secret. Th! the other members that they declare t: | equipped for a long stay and for the de- will never participate in another star chamber session. In_ consequence the | merits of teachers wiil have to be dis cussed In open meeting and to-morrow night some of the Alameda pedagogues be given an opportunity to hear themselves ‘“‘picked to pieces.” Teachers who have been threatened with removal have been work for a week pulling wires to save their places. ————— Carpenters Ready for a Mass Meeting OAKLAND, June 12.—The annual meet. ing of Oakland Union, No. 36, United America, was held to-night. ing officers were elected: President, Frank Ingerson; vice-president, Peter Skoruf: recording eecretary, R. Reed: financial secretary, C. Jacobs; _treasurer, R. % 5 Wiand; conductor, H. G. S A. Loose. The committee reported that the rargements for a mass meeting on Tues ohm; warden, ¢ “feeling prevalls among the different workmen for united action. A GLORIOUS FOURTH. California Soldiers May Return in Time to Participate. The executive committee of the Fourth f July committee met last evening at the Grand Hotel. Two prizes for the most handsomely decorated places of busines in this city were offered; the first will be $20 and the second $20. The following | | recommendations for expenditures reported by the finance committee an accepted: Appropriation for parade, $37: music, $1140; regatta, $600: printing, $100 invitations, press, $300. Some diScussion arose as to w committee should appropriate money for the purpose of decorating streets. matter was finally referred back to the finance committee. The sum of $1500 will be expended for fireworks. There will be several displa and the committee will meet representative citizens to-morrow afternoon to discuss the best locations for displays. A short time ago a request that the California Volunteers be per- mitted to leave Manila on such a date as to Tive In San Francisco on or before July 4 was telegraphed to Washington. Yesterday the following answer was re- cefved: Hon . Julius Kahn, San Francisco: Your wish that the Californla’ volunteers return so as to reach San Franclsco by July 4 has been re- celved and the substance has been cabled to General Otls at Manila. H. C. CORBIN, Adjutant General. It has been proposed to postpone the Fourth of July celebration should the hoys be schediled to arrive within a few days after the Fourth. ————— REGATTA AT EL CAMPO. Judges, Timers and Other Officials for the Day of Aquatic Sports Are Appointed. At a meeting of ihe regatta committee of the Pacific Assoclation of 1 -~ Amateur Athletic Union, held last night, the fol- lowing were present: W. C. Esnv (in the chair) and M. J. Calnan of the Ploneers 8. J. Pembroke, h. W. Maass and C. E. Pesoll of the Alamedas; A. P. Rothkopf of the Dolphins; M. J. Breen and E. Scully of the South Ends; A. M. Stone of the Olympics; J. Hopper and Ray Fryer of the University of. California. The following officials of the regatta to take place at El L‘um?(n on June 2 were e S elected: 8. J. Pembroke, referee: Elliott, starter; A. M. Stone, marshay o course: M. J. Calnan, assistant marshal of course; A. P. Rothkopf Everett Brown, C. E. Pesoli, P. J. Enright and J. T. Sullivan, timers;'J. C.” Stamer and . W. Maass of the Alameda Boat Club, A Taylor and D, O'Connell of the Ariels, J. Lalb and T. J. Kennedy of the Dolphins, R. McArthur and A. Mellitz of the South Ends, J. T. Sullivan and J. Bren- nan of the Pioneers, Everett Brown and W. E. Cole of the University of California, ."Connolly and J. O'Connor of the Olym: H. gi s, August Schuppert and A, chimpf of the Tritons, judges. A. P. Rothkopf, M. J. Breen, H. W. Maass, J. R. Bockman, W. C. Espy, A. H. Schimpf and A. M. Stone were ap- ey or. NeTde e .a | Biotherhood of Carpenters and Joiners of | t Attorney of Nevada, is registered S ned | The | 1 pointed a committee to visit El Campo | next Sunday for the purpose of laying | out the regatta course, which will prob- ably begin nearer to the ferry landing than in previous vears. The course is to be measured so that the distance may be accurately known. It was announced that the architéctural class of the Hum- boldt Evening High School will enter a barge crew, and efforts will be made to et crews from various companies of the ieaguu of the Cross Cadets. At a former Tegatta crews entered from Companies C, L and M of the League of the Cross Cadets and made an interesting and closely contested race. tw stated that the citizens' Fourth of July celebration committee had offered the sum of $120 to the regatta committee for the purpose of giving ces on Inde- pendence day. The members of the re- gatta committee were strongly of the opinfon that the sum offered is entirely inadequate for the purpose, as a good re- gatta costs from $400 to $600. It was unanimously decided to reject the offer as a paltry one. The clubs are under the necessity of spending money for training and equipment and for necessary repairs to boats, and the small sum offered would hardly cover these expenses, without reckoning the amount that must be ex- pended in prizes. Entries for the various events in the regatta close on Monday evering, June 19, at the office of, A. P. Rothkopf, 208 Sutter street Registra- tion fees must be paid or proof of regis- tration given on making entries. e BUTCHERS SEEK RELIEF. Railroad Commissioners Asked to Regulate Freight Charges. The Railroad Commissioners held their regular monthly meeting yesterday, Me: Bdson and Laumeister being in attendance. The following communication was received and will come up for ~~tion at the July meeting: To the Honorable Board of Rallroad Com- missioners—Gentlemen: We beg to call your attention to the following statement of freight charges on ca Francisco, ~dlstance from Gilroy to stock: nce about seventy-five miles, $23; from Gllroy to Sacramento, distance about 158 miles, $28; from Coyote to San Francisco, dis- tance about seventy-five miles, $18; from Coyote distance about' six{y-nine miles, the Southern Pacific ns and wagons free n too high, works akland butchers. If we wagons one way, and 65 rdless of number of tons, their circutar letter to us, its per ton when under three nd 65 cents per ton when over three | ve ask that they make a flat rate of r ton regardless of quantity. Very respectfully yours, OAKLAND MEAT COMPANY, By J. F. REYNOLDS, President. [ Secretary Sesnon announced that he had rain | | | erved a certified copy of the new schedule on the Southern Pacifl “om- pany: also certified copies of the resolu- tion dispensing with specfal counsel on s. Foote and Hayne, and Attorney al Ford Rills for traveling ex- penses were approved and the Board ad- ned. The order to the Valley and other competing roads to show cause why their rates should not be made to conform to the Southern Pacific’s rates will not come up until the July meeting. HUNTERS START FOR A NEW SEAL ROOKERY| NEXT ATTACK WILL BE MADE AT POINT ARENA. A Government Officer Explains Why He Protested Against the Thin- ning of the Big Herds. For all that the Federal authorities at licns on the Government reservations on | this coast the State Board of Fish Com- | missioners is determined to keep on with | this work in the interests of the fish in- dustries of the State. While it would have been more convenient to have carried on the work of thinning the seal herds off the entrance of the bay and along the line of the southern run of salmon, still there are other places where sea lions abound In goodly numbers. One of these places is the big rookery a little south of Point Arena, and to this place Deputy Al Wilson and W. H. Greene, the experienced Al hunter, They went yesterday. are struction of many of the objectionable sea | animals. The Point Arena rookery is situated upon a small island, or large rock, cover- ing several acres, and in past years the | seal herds have made it a hrcr‘v]ingi ground. Years ago there ias station _there and large taken. The rookery w by the brown barking seal than any other, and these are the fellows that the Com- mi er, as they have proved to tive of salmon and fishermen’s nets The Commissioners have received a long letter from T. S. Palmer, Acting Chief of the Biological Su at Washington, upon the subject of the protest sent by his department to the Secretary of the Navy and Lighthouse Board to the killing of a Itons on the Government reservations sear this port. Incidentally he stated that he believed that the estimate of 20,000 sea | licns within a distance of fifty miles of | this port and that they destroy from 20 | o 40 per cent of the salmon entering the | is rather high, and he s: ‘Tt s | fair to state that at the time our | piotest was made we had no official state- ment of the intention of your board or the method of carrying ouf the work other than appeared ‘n the press reports.’ Judging from the tone of Mr. Palmer's | letter he seems to think that the most of the damage done to the saimon industry is caused by the “harbor” seal and not by the sea lion, and adds: “In conclusion permit me to say that our protest was not inspired from mo- tives of sentiment or from any desire to oppose the action of your board, but it seems that If a thorough investigation of the food habits of the sea lions had not been made this was the time to make it, before undertaking a wholesale slaughter of the animals.” R A BOLD HOLD-UP. hether the| The Tall Man and the Short Man Again at Work. T. B. Leet, employed at the Telephone | Oyster House at Californfa and Polk | streets, reported to the police last night that he had been held up at the corner of Sacramento_and Octavia streets by two footpads. He had 80 cents in his vest hocket, but it was not found by the rob- hers. Leet describes the men as "One tall and one short.” A revolver was in the possession of one of them, and when they failed to find anything on his per- son he was struck on the back of the head with the weapon. Captain Wittman immediately detailed several detectives and police on the case. e s Captain O’Brien to Lecture. A grand entertainment, together with an address on the “Experlences and Im- pressions of the Volunteer Army in the Philippines,” by Captain A. P. O'Brien, M.D., ex-surgeon of the First California Volunteers, will take place to-morrow evening for the benefit and under the aus- ices of Company K, League of the Cross ‘adets. The committee having the affair in charge has arranged an excellent pro- gramme, and has left nothing undone to make thig, their initial entertainment, a Success. Captain A. J. Kelleher, regi- mental adjutant of the First California ‘Volunteers, will he chairman of the even- ing. e Y. M. C. A. Excursion. The limited excursion to Hotel del Monte, Monterey and Pacific Grove next Thursday will doubtless be an enjoyuble occasion. The special train will leave Third and Townsend streets at 7 o’clock in the morning and those desiring to re- turn the same day can leave Pacific Grove at 4:25, but the tickets will ba ood for five days to return on any regu- ar train up to and including Monday, the 19th. Excursion tickets are on sale at the Association building, Mason and Ellis streets—round trip $3 50, children under 12 years half fare. e ‘Will Defend the Charter. City and County Attorney Lane has ap- pointed Garret McEnerney as counsel to assist him and H. N. Clement in defend- ing the city in the suits involving the validity of the new charter. ——— Ocean Water Tub Baths. 101 Seventh street, corner Mission. Salt | dismiss | costs paid by the ra *25e% * b 3 K3 b + b + b 3 8 + b + b * b 3 K3 F s <3 s S £ + P 4 2 K3 WED R R R R R & Roebling and Mrs, married dence of Pacific a 2020800 tie! % been living at some time, and Burgess, the hotel. As i have the cerem: et tioti e ot e et @000 PAY AL ofietie 302 who wa: place other than routte, an old friend of both, offered the use of his parlors, and there the It was a very quiet affair, only intimate friends of .the At the conclusion of the ceremony Mr. and wedding was held. bride and .groom being present. Mrs. Mooney started on a wedding trip southern part of the State. residence at the St. Rk WHD SHA 20250 % DED THEN V. MOONEY, manager of the ‘Wire Rope Company, . C. M. Burgess were yesterday at the resi- M. M. Garoutte, 1824 venue, The groom is well known in local and coast business cirel He has the St. Nicholas for there he met Mrs. also a resident of t was thought best to ony performed at so the hotel, Mr. Nicholas. LL L THE (0STS OF SUIT Aftermath of the Grain Rate Case. —— BEFORE THE CIRCUIT COURT [ B A LEGAL QUESTION ON THE DIS- MISSAL OF THE SUIT. St The Railroad Contends That in Re- + scinding the Original Resolu- tion the Commission For- feited All Claim. The question of c case tried in the C before Judge Morro itself has been legacy of iftigation tn a motion to so al that the motion which was terday. dismis and who should pay them. The last tion in the matter w e osts for the graln rate Circuit Court came up w yvesterday. The case ed, but it left a in the question of cos! < taken by the State modify the decree of State should have its rilroad, and it was this under argument E. 8. Pillshury represented the railroal and Attorney Gen Hayne app eral Ford and Judge ed for the State, despite tiie fact that at the last meeting of the Rall- road Commi pe e with spoke first. In his argument 1 ial railroad had voluntarily t was decided to dis counsel. Mr. Ford he contended that the dismissed the suit and therefore by rule of court it was responsible for the equity, he said, a dismi complaint is taken favor of the defenc are extraordinary r should exercise its the complainant th right entitled to their cc No such r bar, Mr. Ford : it had resolution ductio liminary scinded the words, when the the resolution it left the still in force and th ason ex contended. had never rescinded the 8 per cent r schedule In courts of sal of the bill of to be a judgment in lant, and unless ihere ons why the court discretion in favor of costs. he defendants are of ts. sted in the case at The rallroad rescinded the but it had never re- itself; in commission hat schedule had never been dismissed. The railroad, he claimed, had voluntarily abandoned the field dismissed the action. and had left the Com- missioners masters of the situation with the rate complained of still in full force, That being true, road company had its Dbill the case, he he argued, the rail- in fact admitted that was without foundation and its motion for a dismissdl was withdrawal from the contest. reasoned, should ray to the Railroad Commi in fact a That heing the company on- ers the costs they had incurred in the ac~ tion. In answer Mr. Pillsbury reviewed the history of the case from the time of the original resolution State for costs. making a_ horizont In September of 18 said the commission passed a to the motion of the h e resolution al reduction of 2 per cent on all rates other than grain rates and a reduétion o rates. In the succ road brought suit f 8 per cent on grain eeding month the rall- for an injunction re- straining the commission from enforcing the schedule o es tablished. In Novem- ber of the next vear the injunction was granted, and Mr. Pillsbury read from the deciston’ of Judge McKenna in support of some of the state: the case presented ments ue made about by the State. He had said that the commission admitted the reduction of 2 per cent could not he en- forced, and the Commissioners would not try to enforce it. On that point Judge me On their return they will again take up their pre- | hedule of rates | 4% 4250 20 e lietie i etie i el e e ETLY, DEPARTED +%e@® 4R RRIRININERNIRINININ G RN G0N+ NN RNENERNENIN SN SN0 $090P0EP0L090S090P0S0L0S0209090: . o —~ *% e which will include much of the * ] + P * 3 S5 GNON SN NN RS RN 4NN IRININNRND McKenna wrote he thought the language of the resolution was plain, and it had presumbably been prepared af: due in- Guiry into the matter; but in view of the | statements of the counsel for the com- m fon that the schedule would never be enforced he would dissolve the injunction as to the 25 per cent reduction and would further continue _the junction against | the grain rate reduction until the further | order of the court. | .. The case ran along then until April of 898, when th dings were settled and the taking of testimony procceded. There had been 3000 pages taken when the new board went into office in the beginning of this . April 24 last the new board rescinded both resolutions and di- rected the Attorney General to move to dismiss the suits without either party paying the costs of the other. Some da affer the Attorney General made the mi | tion asking that the ca: and that each party be allowed to pay its own costs. The motlon was heard May 8 and was denled on the ruling of Judge Morrow that the defendant had no right to move for a dismissal, n {mr:\n'-n(‘r‘ of this state of affatrs, Mr. | Pillshury contended, the raflroad on May 19 last moved to dismiss the case, append- | Ing to the motion a copy of the resolu- tion of the Railroad Commission rescind- | ing the resolutions reducing the rates and directing the Attorney General to dismiss | the suit. while each party paid its own The motion of the company was cranted and the order dismissing the case i, but_there nothing in it and a few days later the State asked to be allowed its costs: That brought the case up to the session yesterday, and Mr. Pillsbury proceeded to draw his ‘conclusions from it He argued that in winning on the orig- inal injunction proceedings the company | was entitled to_its costs for that much of the suit. When the answer of the State had been put in the company had | made certain objections to it and they {had all been sustained, the company therefore still being entitled to its co. | It was stated at the time that there w |no money in the appropriaion for the | case to pay costs, and My. Pillsbury said | the company paid them temporarily pend- | ng the oufcome of the case. Then the | taking of testimony began. and after it had proceeded as far as three thousand | pages the State moved to dismiss, each | party to pay its own costs. In making this motion, Mr. Pillsbury contended, the State waived all right to | have its costs paid by the railroad. The | company had won on the original injunc- | tion, he said; it had won on the objec- | tlons to the answer, and then, by rescind- ing the resolution upor which the whole | case had been based, it left the company | with nothing to sue for and the court | nothing to try. The original resolution | having caused all the trouble and expense | and that having been rescinded, Mr. Pills- | bury claimed the commis | sponsible for the costs suit the | original resolution had caused. By re- | seinding the resolution they admitted it | was not right and just, and that was all | the company was fighting for. It. was, , a victory for the company, and he claimed that while the railroad was | willing to pay its own costs, it should not | be assessed for the costs of the State. The case will go on again to-morrow, when Mr. Pillsbury will finish his argu- | ment. ses he dismissed KILLED BY A FALL. |C. Dunn, a Painter, Meets Death ‘While at Work in San Mateo County. C. Dunn, a painter who resided at 916 Floward street, fell from the roof of a shed at Captain Cole's residence in San Mateo County yesterday afternoon and was picked up unconscious. He was taken to St. Mary's Hospital, where he dled without regaining consclousness. Dunn, who was emplcyed by J. H. Keefe of 317 Sutter street, went down into San Mateo County yesterday morning in com- pany with James Casey to paint Captain Cole’s residence at that place. During the afternoon he climbed up by means of a rope to fasten some cleats. The rope parted and precipitated him to the roof cf a shed. He struggied for a moment to gain a hold on the edge of the roof, but slipped and fell to the ground, a distance of about twenty feet. His skull, knea and right arm were fractured by the fall and he also sustained internal injuries. Dunn was 44 years of age and unmar- ried. He was a brother of former School Director J. J. Dunn. 3 — Sl - Democrats Meet. The Fortieth District Democratic Clib met last night at Franklin Hall and ef- @P0909090H090® 0P 0P0P0L0P0HP0P0P0P0P0P 0® 0 H0P®0P0S0H0®0 DR. PIERCE’S “No. XXX” ELECTRIC BELT water direct from ocean. Al @P0P0P0P0P0H 0¢ 0® 0P0P0H0P0P0P0S0H0POP, PIERCE ELECTRIC CO., 620 Market Street, Opposite Palace Hotel, San Francisco, Cal. 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