The San Francisco Call. Newspaper, June 25, 1899, Page 7

THE SAN FRANCISCO CALL, SUNDAY, JUNE 25, 1899. AS COMPANY WINS AGAINST THE CITY Phelan’s Blunder Destroyed the Legality of the Ordinance. The April Resolution Which Was Drafted in the Office of the Mayor Declared to Be Fatally Defective by Superior Judge Seawelil. o / A AYOR PHELAN f{s again rr‘<p\msible for what may { e a [ A\ gross hurtful to the inter of San Fran This If'ru iar mistake will cost the people of tt s of thousands of the ordinanc i Mayor ¥ LY ng to ac- ge Seawell had 1 the ybably com lared that )m DR. KILMER’S REMEDIES. FREE T0 SUEEERERS; £ Cura for Uric Acid Troubles. who reads the to know of the won- Dr. Kilmer”, kidney remedy. al triumph of the research by Dr. Kil- nd bladder ific : Iy succe ful curing kidney, liver, bla > acid traubles. wamp-Root has been tested in so r ways, in hospital work, in pri- practice, among the helpless too , purcha £, and has proved that made a spe- been by f the € ve not alre yh ay ample bottle sent fre € mp-Root-and how to find out if T or bladder trouble. When ding this generous ancisco Daily Call address to Dr. Kilmer & Y. The regular r sizes are sold mton, and one dolls druggist BIT: ‘RS A PLEASANT LAXATIVE’ 'NOTZ INTOXICATING seat of those diseases of the Genito-Urinary 214 Kearny st., Weekly Call,$1.00 per Year . Ban Franctsco, Cai. y being in- | tly te the | (] Grgans, requires no et Cure | 1t 3 mallplain pack. ze. maii, $1.00, EC"UREM“.",“ Ly 20. DAHLBENDER & CO.. Sole Agents, idney, Bladder and‘ ) a ‘ku k telling more about | S you | would have the did so, rest troduce resolution drafted. He and Judge Seawell has done the s resolution was in- r Perrault and adopted by the board. Then there went | a2 howl of ind neisco Ge d a st wh beople of the city 1 thousand iam B. Ho up S dignation from the San | s and Blectrie Company m of applause for the Ms received it modestly and Lr"nd the | or, ¥ to pay no more than feet for gas. boper accepted the ad- and the San Francisco Gas and tric Company, with a confidence argues a knowledge of inside immediately instituted s to force Hooper to pay a rate of $175 a thousand feet. Meanwhile negotiations between the gas corporation and the Mayor were begun. These negotiations placed the Mayor in another peculiar position. He had declared with all pos- sible emphasis that a gas rate had been est shed and was irre year, yet day after day hr‘ was in con- sultation with representatives of the company for the avowed purpose lou; to strike the Ma meeting of th til he ¥ his own whippe s noth announce and been b ht to W 1 all the of muni controve compa rtant 1 on the ril 3, 1899, 3 r things, resol quality had for tric ntinued ng inother rate. s position did not seem r. He refused to call e Supervisors, he said, ced the San Francisco Company to terms. int of view, he had al- the corporation and ng further to do. The and at last the >d that the San Fran- | lectric Company had its knees. It illing to accept a rate of it had voluntarily c before. The Mayor had d two doption He establi r and by the e destroy the $110 ritten official contrac of the Supervisors, sies between the city | S «"\-)nr-hpl the al mistakes, ted in his Honor tt or, the g the rate at a “$110 thrown S E de 5o which d that 1ve supplied by company or is hereby and estab- at seventeen (17) c S m rate to be charged and cc lected from consumers by any company or on is hereby 1 estab- at $110 per thousand (1000) cubic this offer plaintift’s counsel have objected upon the following gro , viz: 1 resolution is not uniform in its oper: but singles out companies and corporati inguished from indi- 1s ga 1 is there- fore partiz 11 There zing the autho; It w r\l of '-\x)n' thous 1nc rates to be cha m.w tion in ques entitled *4 this State rvisors to rg ded conferring ring that the pon ors power to on v the ac An act to regul 1mina s v\il‘wl h pula i or more. m of (Statutes of fon 1 of the act provides, among other things, “that in all cities of the of California having a ation 100,000 or more the local legis thereof, whether known or d Board of Supervisors or I ermen or Common Council or Board of | or otherwise, are hercby au- requi to fix the lity, and {lluminating power of gas. to be furnished and the rate and price for each one thou- gand cubic feet to be charged therefor, by any person, company oOr corporation whose pipes or ms ns down in the streets or highways of such for the purpe - use of sald c section 3 1 d and pric ged from judgment of ction 5 provid all have fixed gas person, n furnish to such thereof or other | minating purpose: | sus | of | than one thousand dollars, | corporation ard or quality or to )se of supplying gas for ity and its inhabitants.” | t is provided that the| e fixed by the board may time to time not oftener | s increased con- | nces may, in | the board, req les that after the board | the quality and price of | be unlawful for any e. | v or corporation to city or any inhabitant | person therein for {llu- | s gas of a lower stand- | charge or receive | therefor a higher price than is provided | by said board, aJ tion of the provis! provisions of an ordinance of sai ice thereof e pany or corporati not less than ered in the name city in any cour tion, and that 1 city and to any poration who sha violation in doub ages actually sus The Francisco, as wel nicipal governme. county in which nd that for every viola- fons of sald act or the| y order, resolution or| d board made in pur- very such person, com- | on shall Incur a penalty one hundred nor more to be recov- and for the use of such t of competent jurisdic- | h person, company or | 50 be liable to such | and each person or cor- 11 be injured by any such le the amount of dam- tained. xth section provides that the act ghall apply to the city and count of Ssn 1 as to cities whose mu- | nt is distinct from the they are located. | It will be observed that while the stat- terms requires the Board | s ix the quality and price | of gas to be furnished by any person, | campany or corporation whose pipes or | Il be laid in the streets or highways of the city, question natural per: The statute in who are subject “any person, and it is claimed that it is not xcepts the ordinance that it should be applicable | stool and cover, to all persons as well as to companies | for $150 cash at company the ordinance in | its operation ail from ns and individuals. | designating the pers to its operation spec or corporation’ on the part of defendant ential to the validity of | 1 | admit the resolution in evidence, it ap- and corporations; but that the require- ments of the act are satisfied by an ordl- nance which applies to either a person, a company or a corporation. I do not so construe the statute. The leglslative in- | ent is clear that all persons as well as | companies and corporations in the cate- gory named n the statute should be sub- ject to municipal regulation, and that the word “or” should be read “and.” McConky vs. Superior Court, 56 Cal., 83 ndlich on Statutcry Construction, Sec. act which provides that after the board shall have fixed the standard quality and price of gas it shall be unlawful for any person, company or corporation to fur- nish gas of a lower standatd or to charge therefor a higher price than that fixed by the board, and that for each such unlaw- ful act every such person, company or corporation shall incur a pecuniary pen- alty of not less than §100 nor more than $1000. The exception of “persons” from the operation of the ordinance Is to that ex- | tent a discrimination in their favor and against companies and corporations. Tt/ may be true that at the date of the or-| dinance there were no persons other than | corporations who supplied gas to the cit. or its inhabitants, but even if I am at| liberty to assume that such was the case, | I must also recognize the fact that b section 19 of article XI of the State con- stitution any individual has, under the direction of the Superintendent of Streets, and under such general regulations as the muineipality may prescribe for damages, the privilege of using the public streets thereof, and of laying down pipes therein ions therewith, so far as may for Introducing into and sup- | g such city and its inhabitants with | ght or other illuminating light. Any g gas company may also transfer \d property to an individual, Who would be exempt from the operation | of the ordinance. Inasmuch as the stat- | ute provides, in express terms, that the| price shall not be changed \ce every year, the Board | rs, 1f the resolution in ques id, would have no power to w ordinance to meet any altered until April, 1890. | the validity or constitu- | and connec: t ute passed by the Leg- islature or of an ordinance of the Board of Supervisors, the court has no power ce, but must be governed s appearing upon thefr face| of which the courts take judi- | vs. Board of Superivsors, 9 | Bourn vs. F City of E Cal. 419. r well-settled rule of determining n ordinance passed by re is that the mode | v is the measure of the rd of Supervisors has no n ordinance or resolution | ndard d price 8f gas of icter than such as is pre- | ct of 1578; and that act re h ordinance or re applicable to all pe st 1 corporations. The | ion in effect declares | furnish | is to quality or price; | ay or corporation may ame circumstances, an e person, penal, and if done ordinances which have ed. Spec »n or unjust ect can warranted discriminat oressive interference in particular not to be allowed. The powers icipal corporations should fcable be ‘exercised by or- | eir nature and im- | tion. Municipal re- | mv, osed upon one class of per- | d in a particular bus | are not imposed upon oth: en- in the e busine and under conditions impair the equal right | ch all can claim in the enforcement of law. (Dillon an Municipal Corpora- | tions, section 322 | Our constitution provides that no spe- | cial privileges or immunities shall ever . granted and that no citizen or class of all be granted privileges which | shall not be granted | merely another form | me principle, to say | S R e should bear equal burdens. This princl- | 1 is fully recognized in the act of 1878, it is one which should be guarded e by No all departments of consideration of n furnish any jus- departing from it. | ¥ o expedicnoy tion or excuse I tific for Nor is th the slightest nec for | vielding to such considerations. The same body which ed the resolution of April time pass another which from any valid objectlon. of the law is so clear, sim- at any failure to comply | ments can t asily avoid- | cise of prdinar are and | it any h its requir v the exc ct of 1thor! quality and pri such persons, companies and corporations whose pipes or mains are or shall be laid down in the s or highways of the 1578 the Board of Super- e of gas only city. The ordinance in question is not in terms limited to such persons, com- | panies or corporations, but applies to all | es and corporations, whether they | pipes or mains in the streets or not. no further comment upon this de- e from the plain requirements of than to suggest to the board , in its future resolutions, of owing the letter as well as the spirit of | atute. Having reached the conclusion that 1899, 1s invalid, for the reasons above stated, I do not deem it necessary to consider the ques- | tion discussed by counsel as to the con- | onality of the act of IS78. objection to the resolution will the 1. the resolution of April 3, The therefore be sustained. J. M. SEAWELL, Judge. Upon the filing of the decision Gavin M b, who represented Major Hooper, | was asked by a bystander to give his views on the decislon. “Doubtless the decision of the court is in accordance with the law,” he said, “and T am of the opinion that nothing further can be done. I have requested the court, | however, to suspend entry of final judgment in the case until the middle of next week. In the meantime I will look matters over and determine the | exact status of the case, but in view of | | the decision of the court, refusing to | pears that the defense must fall.” Come feelings of joy to my heart, Come peace and content unalloy'd, T've reached the highest in are, bath I've used *‘Pegamoid.” Nc¢ Pay for Jurors. The Justices of the Supreme Court have decided that a trial juror is not entitled to be paid for his services as such. This | decision was handed down in the man- damus case of Willlam Birch against Mayor Phelan and the Board of Super- visors. It his petition Mr. Birch recites that he is a citizen of fair education and acknowledged common sense and that he | was accepted and served as a trial juror in the Superior Court of this city. For | this service he demanded a fee at the rate of $2 per d: some Bir basing his demand_upon on the statute books. presented, amounted to ot with sSuccess in the lower court, he carried the matter to the higher court on a petition for a writ of mandate, which the Justices denied. | s A brand new walnut upright piano, with uaranteed for five years, o1 Ty bill, as meeting N's | be raised by tz | last year received $ | calls for $117,45 | Miss Marie Bell, auvals', 769 Market st.$ ESTIMATES OF MONEY OR THE NEXT YEAR Dollar Limit Demands Heroic Meas- ures of Retrenchment, Heads of Departments Request More Coin Than Was Alowed Last Year—No Margin Under the Plat- form Pledges for -P ublic Improvements. HE pledges taken by the Mayor and Supervisors demand that the amount of money which shall be raised to support the municipal government for the next fiscal year shall not exceed a sum that a tax of $1 on a valuation of $350,000,000 will produce. The framers of the pledge certainly sought to pre- vent the raising of an excessive sum through expansion of the assessment so0ll, hence the insertion of a clause touching the valuation. Certain provisions of the new charter | must be considered by the Supervisors in adjusting the estimates for the fis- cal year beginning July 1. The charter provision requiring that the levy shall not exceed $1 on the sable valua tion may be deemed inflexible, or, in other words, a command to fix the levy st information now at at $1. From the be attainable the conclusion is drawn the Assessor Dodge will present an asses ment roll of $400,000,000. It is suggested, therefore, that the Supervisors, in ap- proximating the amount of money to may figure what a )00 will produce for and also figure the ed from an equal tax of $1 on § half the fiscal year, amount to be deri tax on $400,000,000 for the last half of the fis vear. The new charter takes e t January 1, 1900, so one half of the next f year will be un- der the old consolidation act, and the other half under the new charter. The Supervisors must do some close figuring to keep within the bounds of the pledge and also provide the money 4 for proper administration of | local airs. The last levy was $1 31.20 on a valuation of $350,000,- 000, and the various departments did not recelve as much money, respec- tively, as they are now demanding. For example, the School Department last vear obtained $1,241,540. sum of $1,300,960 is demanded. Here is an increase of $59,420. The Street De- partment last year secured $574,650. The department now asks for $786,780. An increase of $212,130 is here requested. | Last year Golden Gate Park received | $250,000. The amount e next year is $352,000, or an increase of | $102,000. In the estimate for election expenses | there is a marked decrease as com- pared with the outlay last year of $156,- 100. The amount required for the next fiscal year, there being but one elec- tion to pravide for aside from the pri- mary, is but $50,000. Along the line in other branches of the local government there is a steady upward tendency. The Sheriff asks for $177,000. The allowance last year was $79,280, an increase of 0. The City and County Hospital 000. This time an allowance of $130,000 is requested. In P s are sought. | ision | ment increased allowanc The fire alarm telegraph, a subdi of the Fire Department, tained 100. The estimate now 50, an increase of $39 The County ¢ Clerk last year rec in 350. ved | This year the | imated for the | last year ob- | | $76,000. This year the sum of $93,000 is requested, or an increase of $17,000. In view of lmitations embodied in | the new charter, the task of preparing | estimates for the next fiscal year re- quires speclal study. Several sources of revenue now available will be closed when the charter takes effect. For in- stance, the license tax on merchants, or on certain lines of merchandise, is abolished. This will diminish the rev- enue from the License Department. To | make good the deficiency the direct tax on real estate and personal property | may be increased. In round figures the cost of govern- | ment in San Francisco is $6,000,000 a | vear. It is a staggering amount when one considers that the taxpayer gets | neither light, water nor transportation free. The right to breathe and walk | home unmolested is about all that the citizen gets in return for the $6,000,000 per vear. The cost of State government is slightly in excess of $6,000,000 per an. num, and San Francisco pays one-third | of this sum. For this outlay the citi- zens get the privilege of contemplating the existence of the Governor and the Legislature. The people of San Fran- cisco are therefore taxed to the tune of $8,000,000 annually for local and State government. | Taxpayers generally commend the spe efforts of the Assessor to en- large the assessment roll, yet seldom pause to consider that the State Board | of Equalization often increases, but | never diminishes, the valuation of San Francisco property for purposes of tax- | ation. The local Assessor cannot put | the valuation too high for the State As- sors. If Assessor Dodge expands the San Francisco assessment roll from 50,000,000 to $400,000,000, the additional State revenue represented by the in- | crease of $30,000,000 must also be paid | by our taxpayers. | A special study of local estimates is being made by the Merchants’ Associ- ation and the expert of the Finance Committee of the Board of Supervisors. | The Auditor is also making perfunctory estimates and possibly shading down | some of the extravagant requisitions | from heads of departments. The Auditor is a new man in official | life, and, being new to the business, re- gards the estimates of his office as too sacred for inspection outside of the Board of Supervisors. The Merchants’ Association is giving the important subject the intelligent and systematic | | investigation required. | From the data supplied by the ex- pert of the Finance Committee and | the bureau of the Merchants’ Assocla- tion the Supervisors will proceed to make the allowance for the next fiscal year. The truth will soon be made | 1 | | | | be observed, will not permit excess: expenditure in any ‘branch. It doubtful if any margin will remain lor projecting new improvements or car- | rying forward enterprises already pro- | jected. e BELLS HEIRS WILL FIGHT T0 SAVE ESTATE Six Children Hold a Consultation. e The children of Thomas Bell, the de- | late ceased millionaire broker, who: | home has long been known as the “House | of Mystery have determined to make a batt the courts to save sufficient for their reeds from the wreck of the dead capitali estate. Yesterday afterroon all of the children, accompanted by coun mbled in Judge Coffey’s court to the situation and formulate plans ocedure. The children, Robina, Mu 1ce, Reginald, Marie and Fred said, are but following lines laid | Theresa Bell, Who will enter the various actions to be, instigated to preserve at least a portion’ of the vast properties. Although the children and counsel car- ried on their conversation in undertones, and Judge Coffey did not care to make public the plans agreed upon in the se- cret conference, it was afterward —an- nounced by interested persons that the first move will be made by Mrs. Bell. She as guardian of her children propos step down and out and in her stead either is now of age and legally qualified to ume that position toward hor \ punger brother and or some ot competent person will be appointed. D Cr B T e il {netitute an action against George Staacke, executor of the will, for an ac- counting. During the trial of the action for the accounting the children and Mrs. Bell hope to be able to find a way by which a fortune may yet be dragged from the wrecked estate. The announce- ment made by Mr. Staaclke in court a fow Gays ago that in his opinion the estate Could mot pay its debts has frightened them, and even Mrs Bell, whom young Fred Bell says the present condition of the estate through her refusal to pursue the proper course to keep it intact, has decided that the time has arrived for quick and vigor- ous action. None of the helrs, it is said, are of the opinion that the executor is personally in- debted to the estate, but all are of the | opinion that he has been guilty of negli- gence in his handling of it. They say that fiis own business, into which he stepped | after the death of Mr. Bell, has occupied | his entire attention to the ruin of the es- tate he was charged to protect. They say that e does not even know the location of a third of the estate holdings, their nature, their value nor their present con- dition. They say that when Bell died one piece of property, the Providence mine, situated in Mexico, was worth a million of dollars. For this mine Bell paid over £00,000, they say, and in the appraisement of the estate its valuc was placed at $100,- 000. Since the death of Millionaire Beli, and even during the last few months, Mrs. Bell has received dividends from this property, it is further claimed, and if it were properly handled it would assist in pumng— the estate again on a sound finan- cial sis. The New Idria quicksilver mine is another valuable piece of prop- erty, the control of which is owned by the | estate, they say, but through neglect it 1s largely responsible for | 1\’|< become a charge upon the estate 1r|- stead of remaining, as it was, a paying property. Like charges are made as to sery piece of property owned by the es- | and in consequence a conclusion has | 1 reached that It is time to act if a | be | Gofiar i o be saved ‘o the helrs. That the Bell family has awakened from | its lethargy is manifest in the fact that the old mansion, “the house of mystery," is recelving a new coat of paint, the leaks | in the roof are being plugged and the | weeds of half a decade are being torn | from their beds. Mrs. Bell will soon ap- pear before Judge Coffey to show cause | why her family allowance should not be stopped altogether in the near future, | and doubtless at that time she will try to show good cause why Then henceforth until the estate has re- coverad its old-time vigor to a certain de- gree the courts will doubtless ring with the charges of the heirs of Bell. S Advances made on furniture and planos, with inr without removal. J. Noonan, 1017-1023 Misston, 1 | | | it should not be. | | | other branches of the Health Depart- | clear that the dollar limit, which must | i ot qE = 0 D E: ’§ | | H : i i ADVERTISEMENTS. His Holiness Pope Leo XIiI AWARDS GOLD MEDAL In Recognition of Benefits Received from Avoid Heat Prostration, Try Vin Mariani with Cracked Ice. SPECIAL OFFER.—To all who w Gold Medal Presented 1 by His Holiness this paper, we send postpaid a bock containing por- Pepe Leo XIII to traits and ‘nd rsements of EMPERORS, EMPRESS, Morsteur Angelo ARDINALS, ARCHIISHOPS and other .slled personag 52 WEST 15TH STREET, NEW YORK. Avoid Substitutes. Beware of Imitations. er Street: Montre James St. Meriani of Parls MARIANI & CO. Sold by All Draggists Everywhers. LY T L o e e e e e . 11 L1 A CALIFORNIA BOY WINS DISTINCTION - Frank H. Belcher of This City Selected to Fill Basso Roles in Grand Opera. Frank H. Belcher. RANK H. BELCHER, whose friends are legion in this city, is des- tined to be'a valuable addition to the bright xy of Californians who have particylarly distinguished themselves in the musical world. Advices have just been received stating that the gifted basso has signed a vear's contract with the Carl Rosa Opera Company, which Is recognized a: lard organization in the presentation of classical works In England. Mr. Belcher has been singing with the troupe during the past three months and his success was mphatic that the agement secured him for next seas F Arthur Wi worth, the noted English basso, assume that of the King in “Lohengrin,” The Landgrave and Mephis- topheles in “Fau Mr. Belcher is possessed of a fine voice of a rich, sympathetic quality. recently finished a_three years’ cours tessors in Italy. He left this city in March, placed himself under the tuition of Signor G. Cima to prepare for grand opera. Mr. Belcher mastered the basso roles in several of the leading oper- atic works and took a finishing course with Bouhey at Paris. The latent pos- sibllities of Mr. Belcher's voice, according to those who have recently heard him, have been stri brought out, and conceded that he is destined to win enviable laurels s chosen profes Mr. Belcher is a member of Stanford Par and the Corinthian Yacht Club. He first b ance In performances given under the tions, and his rendition of such songs as “I'm King O'er the Land and the Sea,” “The Armorer's Song” and others won for him unstinted praise. Some five vears ago he joined Hallen and Hart's farce comedy aggregation and has been with several other organiza- tions, in all of which he scored succe: Belleving that there were higher possibilities in his voice, he decided to tuitivate it with a view of appearing in grand opera, and his engagement with the English company is an emphatic recognition of his talents. [ 111 20 o el 11 1 11,1 e with mong other roles will in “Tarthauser” He in vocal culture under the ablest pro- 1896, and on reaching Milan , N. 8. G. Olympic Club ame known through his appear- pices of those popular organiza- Answer,” “He Was Prince,” feogeste D000 i1 MARIANI WINE TONIC—FOR BODY, BRAIN and NERVES ite us mentioning feirlei=ini=l @O O DO g- + i e el body. grand. You can test it and feel its last you haic Classes of Men.” Saved!! By Dr. McLaughiin's Belt And Gratitude Prompts Him fo Acknowledge If. It gives action to the blood, strength to the nerves and muscles liniments. and these have failed. as they will Go. try nature's own remedy. Dr. McLaughlin’s Electric Belt. Call and test the Belt or send for free book.—You can learn all about it in ten minutes. ower, and when you understand it you will want it. You will know that at tound vigor, healph and happiness. If you cannot call. send at once for my free book, “Three It is full of candor, full of nature’s truths. and will help you. DR, i, A McLAUGHLIN ~203000000000C0000000000000000000000000006000000000006000000 ADVERTISEME"TTS Ukiah, Cal DR. Mol.AUGHLIN—Dear Str: I was a broken-down man, complately, of mo mccount for business or pleasure; was dizzy, nervonus, lama In lega, back, and, In fact, all over. My memory was poor. and T was generally debilitated. 1 got relief within three daye after putting your helt an: my strength fmproyed, and tha lameness left me. I have gained every day since, and am now complately cured. 1 feel s 1 dld thirty years ago. Your belt knocke madicine Into Christendom, and to it I owe my life. Yours truly, J. D. HOPKINS. As 18 the “Life Buoy” to the drowning man, so is Dr. MeLaughlin's Tlectric Belt to him who fs wrecked by disease and pain. Tt i the one supreme vemedy with the same magnetic charm as ever. Those whom 1t has eured are dally sending letters of praise anG thankfulness, and their words are the most con- vincing ever penned. for they're genuina. This fa- mous Relt ponrs in a flood of Flectricity to the nerve center. and through f{hat reaches every affected part of the system, As a battery it is perfect. and is the most comfortable application af curative Wiectricity ever uged. Tt never fajls. The reputation of the RBelt {g Its gnarantee: and it is not only a quick remedy, but a lasting one. Vou should try it. Tt will cure your pain. your Weakness: your Rheumatism, vour Kidneys. your Nervous Debility. Why suffer? Your recavery heging the very honr my Belt clasps vour Tf you've used plasters. tonics or It is simple, but Call or write to-day. 702 Market, Cor. Kearny, OFFICE HOURS—8 a.m. t010 p.m. SAN FRANCISCO, and Sundays, 10 to 1. Oor. Bpring and Becond, Los Angelss, NEVER SOLD IN DRUG STORES G008000EC00960000000000000000000000009090000220002000000600