The San Francisco Call. Newspaper, December 5, 1899, Page 7

THE SAN FRANCISCO CALL, TUESDAY. DECEMBER 5. 1899, LEAGUED TO SECURE THE ISSUE United Civic Societies Are in Enthusiastic Support. Campaign to Obtain Local Improvements Has Been Inaugurated by a Powerful League of City Clubs. Mr. Gould believes that the issuance of bonds for school buildings, sewers, hos- pitals will enhance local values. He says that our school buildings would shame Fresno, and would be used, if they were good encugh, by Stockton for stables. It will be by 1ts schools that S8an Francisco shall be judged. he speaker spoke at length in earnest support of a policy which will beautify | the city, equip it with splendid parks, ic bulldings and progres- n he had finished M. ort of the committee hile the report was be- >r Phelan entered the hall ved with a storm of ap- rature report was a well it pleading for public proposed bond issues. sy into a discussion of the ns advanced for the proposed the park panhandle. , president of the Build- etl, Tollowed in a brief ampaign for the bond elections 1 began last ht with Me ades Cou in_which he declared that sion of the park panhandle is beyond asures proposed by the people of the d should be heartily all” public-spirited citizens. If we are to and to have a good one we n the extension ow when property is as cheap as it r will be. And labor will be with the it, as it has been with the char- everything else that means prog- prosperity to the cit: r Phelan was next called upon, and me. He re he had ie gave w commence. fonably sed bond i He urged sues be improved and benefited pu money_ for He said he knows that y have awakened to »ssibilities, The charter is but e by which the city may do good The questions before the people are simple. One is to decide if the pro- improvements are desirable and the is to determine if the present is the r time ‘alizing that there Is a practical unan- imity of opinion in regard to the issuance is for schools, sewers and hospitals, Jimself to a discus- blic the Mis: and from the dio and around the water front. The is simply to complete our old not to find a new one for the city. w not go where it is needing hospitals. now. We speak of It is not hospitals we It is said that this is The rich, a colony in New York. We ce for free recreation and e for the poor, for those that labor, ave no yacation. rated what Le belleves of voters in the mat- discussed the need y owning what s emphatically In fa- the — proposed public rticularly the proposed park panhandle. He de- while the improvement will ely for the rich, it will be will pay for it. Anything, r urged, that will beautify its people employed ve them pleasuro shc agement. The p and adn be fin munlcl‘pal 1 1 the first useful. TLet us tha: wo zens, ive to the ity it was tined r by na- is the firm belief of Mr. Scott improvement demanded will of the park He ary m is written and an era of has begun. President Her- 1 of Education added his cussion, particularly in fa- and schools. The meeting a preclous heri yme. {idiing and Loan « T ssue from d. It is the earnest wish of the & and owner, t the secretary of each im- d loan associa- send to room 76, Flood his own home. | BOND ST WON I SITA CRUL ON THE APPEAL Decision Agreed in by e of each meeting night. y opinion goes on to say: inder the constitution and e bonds and coupons sued out of the special fund he act be valld, the presumption is the other wAy—that the taxes provided for were levied by * officers charged with the duty of levying and that the moneys so raised were in ry that the com- ainant should show the levy of euch taxes d the existence of moneys in ihe special fund. plaintiff recovers, and prope: Ac the taxes, the Federal Ross and Hawley. | o t of mandames in aia ot its already 2 jurisdiction. This is quite i — distinet r:,,m nr;orlxlnnl proceeding for the is- uance of a writ of mandamus, wi . es Gilbert and Ross and | well settled, cannot be mainteined 1 che Hea Hawley, sit as the | eral courts. Circuit Court Appeals, | Judge Gilbert's dissenting opinion lays erday in | down the proposition that the power to e . The City | Tefund the city’s own indebtedness was f c ly within the letter and spirit of the act. e $89.000 of the first mortgage nds of the water company, while it represented the outstanding indebtedness of the city, for which the city was lia- ble and for the payment of which it might have borrowed money under pro- ceedings therefor, and the refunding of which was within the spirit of the pro- visions of the act, was nevertheless not evidenced by the city’s bonds and war- rants, and was therefore not within the letter of the law. To that extent the pro- | posed application of funds which was to Le realized by the sale of the refunding bonds was illegal. anded the case, with .dgment for the defend pinion by Judge Gilbert jon of the lower court and arn reasons therefor. n goes on to say brought to recover the due on nine refund- interest coupons at- same and to other refund- the city of Judge Gilbert quoted several authorities an outstanding | on this point and went on to say: ,{ $271,000, and was | _In the case of Santa Cruz City, from cortain water works | all the transactions culminating in the | delivery of the bonds, it is clear that the officers of the' city acted In the utmost good faith. There was no fraud, misrep- resentation or concealment. I bmit that the 4;1:_\;' is v;xu-;vp’d to deny its lia- bility, and that the judgment of th - | Suit Court should be afirmed.s. he Cir Judge James G. Maguire, one of the at- torneys for the cf the Clty Water Cruz. The water 10 a mortgage to se- | bonded indebtedness | n the sum of $89,000 it from Santa ks were sub ation 1 ction was heid for the pur- J 0 v of Santa Cruz, gave € the outstanding bonded | i, following general review of the case: . Py '”’l',:”fmég “The suit entitled City of Santa Cruz vs. A. H. Waite wi s a_proceeding by writ of r Company of the | orny’ iy the United States Circuit Cos A - - urt ch, bearing inter- | . i C annam. The bend 1°F Appeals to review and reverse a judg- ment rendered by the United States Cir- cult Court on September 29, 1888, against | the city of Santa Cruz upon certain mu- ade for the bonds, | picipal” bonds and Involving the validity and J. Howard | of what is known as the refunding bond . Green and |jssue of April 16, 188, amounting to $360,- n Council of the | ). ) pted a proposition | “The decision rendered to-day holds ade by the firm of Coffin & Stanton to | that the entire bond issue in qunl{nn was ke all the bonds at par value, less 3 per | yoid upon the ground that a considerable cent, without other = consideration than | portion of the indebtedness sought to be their promise to take up the outstanding | refunded was the indebtedness of the bonds, which were to be refunded, and | City Water Company of Santa Cruz, a forward the same “from time to time to | private corporation, and that the refund- the city for cancellation.” After the de- |ing act of March 1, 1853, under which the livery of the bonds to Walter Stanton of | honds were Issued, provided only for re- funding municipal indebtedness evidenced the firm on April 24, 1834, the firm sold the bonds to other parties. Cofin & Stanton . by the bonds or warrants of the city; nd an ordinance e therewith. ISSUE OF BONDS| It the | one of the most vitally important | indorsed by | « a park, he said, we ought to have a | We must be- | the best exposition | ndle and its extension, | rk and the boule- | 1 bring the park to us when we can- | all purchasers of the refunding bonds were therefore bound to take notice of the limitations ImPQM by the act were bound at their peril to examine the ordinance and notice of election on the question of refunding by which alone the | Mayor and Common Council obtained jur- isdiction to issue the bonds. “That ordinance and notice of election contained statements and recitalsshowing that the bonds were issued in part for an fllegal purpose, and as it appeared from the findings of the Circuit Court that the bond issue for the purposes provided for by law couid not be segregated from the bonds issued for the illegal purpose, the Court of A ra]u held the entire bond is- d i sue to be cted by that illegality and therefore void. “The city of Santa Cruz never received any consideration whatever for the re- funding bonds; they were delivered to the firm of Coffin & Stanton upon a nominal sale, but really to be sold by that firm for the city of Santa Cruz. “‘Coffin & Stanton, being at the time in failing circumstances, proceeded at once to sell and hypothecate the bonds for ac- count of the firm and as collateral se- curity for the firm's debts, appropriating the proceeds and making no return to tne city of Santa Cruz. “At this juncture the firm of Coffin & Stanton falfled leaving debts amounting to about $2,000, and assets worth about one tenth of that amount. The city of Santa Cruz immediately repudiated the bond issue on several grounds, includin the ground on which the Circuit Court o Appeals has adjudged the bonds invalid. ost of the bondholders then formed a finol and assigned their bonds to Albert . Walte, who commenced a suit, In which the decision has just been rendered. This decision is final unless the hondhold- ers shall secure a reversal by the United States Supreme Court.” - REJOICING AT SANTA CRUZ. | BANTA CRUZ, Dec. 4—Santa Cruz peo- ;pla are all rejoicing to-night on account of the news of the victory of the city In | the water-bond suit. The news was re- | ceived this morning shortly before 12 o'clock, and spread like wildfire. Mayor | Lamb and the Councilmen were all happy, and the flag on the city flagpole was soon fiying to the breeze. The Council held its regular monthly meeting this afternoon instead of to-night, as all wished to join in the celebration.” The following con- | §ratulatory telegram was received from fayor Phelan: “San Francisco, Dec. 4, 1899, “To Mayor Lamb, Santa Cruz, Cal.: I congratulate Santa Cruz. The court's de- ciston is an emancipation proclamation, and frees you from your bonds, unjust and fraudufently concelved. “TAN D. PHELAN, Mayor.” To-night the big jollification was held. Bonfires blazed and salutes were fired in honor of _the great victory. Hastings' band and the city band were engaged, and marched the streets, followed by the citi- zens carrying torches. ed fire was burned and fireworks discharged. | . This decision means much to the eity. The cloud on account of the bonded In- | debtedness which has been hanmx\g over the city has been removed and confidence restored. | Remembered Her Kindness. The will of Warrington Plummer, who dled Sunday, leaving an estate valued at $10,000, which he bequeathed to Mrs. An- | nie McDougall “in consideration of her | kindness and attention,” was filed for | probate yesterday. Mrs. McDougall re- | | sides at 110 Taylor street. R. K. Happers- berger is named as executor. relatives reside in England. —_————— Wants to Sell Horse Meat. A petition was presented to the Board of Supervisors yesterday morning by | W. R. Harrison of 1701 Harrison street in which he requests that he be licensed to | slaughter horses and to sell in open mar- ket horse meat, subject to the same in- | spection as cattle | Decedent’s RELIGION TO-AY SOMEWHAT LI ) POSTOFFEE Is Distributed Into Many Boxes. GREEKS ARE MORE UNIFORM PRESIDENT WHEELER AT THE CHANNING AUXILIARY. —_— ‘While speaking on the contrast between the religion of the Greeks and the relig- fon of Americans before the Channing Auxiliary yesterday, President Wheeler of the University of California interjected many clever sayings that brought forth frequent applause from the large audience of ladies. The speaker sald at the begin- ning that it would be almost impossible to convey an idea of the beauties or in- terest of the old Greek religion, except by contrast, and without once bordering on controversy, he drew very clear pic- tures of the Athenlan religion, which he spoke of as fitting the individual *“like a kid glove,” and the modern religion, which he sald is a department of mod- ern life rather than something which is I)?rln with the individual and is a part of it. “The Greek did not give one day In seven to his religion,” sald President Wheeler, “and begrudge an extra even- ing during the week. He was with it all the time. He had no creed, no tolerance and no morals, because all were so com- {fleloly a part of the religion that he in- herited that he had no need of special codes or creeds. Modern religion par- takes of s0 many elements that the dis- penser of it reminds me of a man dis- tributing mail in a postofice—he puts a missive in the moral box, the religious box, the tolerant box or in any other box which his fancy may dictate. Not so with the Greek. There was no such thing as religion belonging to the individual; it was a feature of the body politi ‘Without committing himself to any im- plied indorsement of a religion and state union, President Wheeler painted a glow- ture of the smoothness with which son worked In anclent Greece, when ethics were obeved by all and when an {rreligious man was considered a traitor. *“It has been sald that there is a simi- larity,” sald the speaker, “between the trials of Socrates and Dr. Briggs, because they were Lcth charged with Leterodoxy. This is absurd. Socrates was charged with advocating religlous doctrine had a tendency to undermine the st and was cxecuted for high treason, which was a very different condition from that surrounding Dr. Brij Referring to the ion of the month into four ports and laying off every sev- enth day for Sunday, President Wheoler exploded the old meteorological fallecy of the changes of the moon being responsible for the weather. “The Greeks divided the | month Into ten parts,” he said, “and pald no attention to dividing time uf the moon, | You can quarter the moon if you like, but the moon coes not grow by quarte: but steadily from new to full, and knows no | changes, 50 called.” ‘ of Prestdent Prior to the addre: Wheeler the auxiliary held its regular meeting. The nominating committee re- ported the following nominations for offi- cers for the ensuxng year: President, Mrs, B. Cornwall: first vice president, Mrs. Frank W. Sumner; second vice president, Mrs. Wendell Eas- ton; recording secretary, Mrs. Robert Col- lier; corresponding secretnx;\y. Miss Kate Atkinson; treasurer, Miss Kate Beaver; busines secretary, Mrs. Elisha Ransome. Rev. Horatio Stebbins, D.D., was re. guested to speak by the chairman, Nirs. Lloyd Baldwin, but he simply proposed a vote of thanks to President Wheeler. DIME CONTRIBUTIONS WANTED. Teachers and Pupils Requested to Help Children’s Hospital. Buperintendent Webster has addressed & communication to the principals and teachers of the public schools, in which he circulates an appeal for financlal ald to the Moulder memorial fund, and asks for a generous response. The circular reads as follows: The annual appeal is hereby made to the teachers of the School Department for dime contributions to the Children's Hospital. After the yearly payment of $25 on the Moulder memorial bed the surplus will be added to the sum (§252 40) now in the Hibernia Bank to the credit of the fund. The teachers who act as school delegates in this charity are requested to make their returns to tl Superintendent’s office before the Christmas vacation. BISHOP NICHOLS ON FOREIGN MISSIONS HE ENTERTAINS CALIFORNIA WOMEN’S AUXILIARY. Declares That the Church Will Follow the Nation in a Philippine Pol- icy With Extreme Caution. The California Women's Auxillary of the Episcopal church met yesterday afternoon at Trinity Church. An inter- esting feature of the session was a report by Bishop Nichols on the meeting of the Missionary Council and the House of Bishops, which took place last October in St. Louis. The Bishop was a member of the first meeting, which was held at St. James Church, Philadelphia, at the time Bishop Nichols was rector of the church. The report was one of encouragement to the workers in the misslonary fleld. The Bishop said that he went to the con- vention with the idea that more attention would be given to the missionary work abroad than at home, and was agreeably surprised to find the home work take the first place. One of the important matters discussed at the meeting was the missionary work in the Orient, and in this regard the Phil- { ippine Islands came in for their share of attention. Referring to them, the Bishop sald that it w: still an_open question as to whether or not they belonged to the United States. “The President has not learned his fengmphy lessons—nor any one else, for hat 1mnatter—sufficiently to know yet whether the Philippines are a part of this country or not,"” sald lehog Nichols. Duflng another part of his report the reverend gentleman sald that the alert- ness of the church prompted it to follow tho nation wherever it planted the flag, but that it would move with extreme cau- tion. The convention will meet in 8an Fran- cisco in 1901, and Bishop Nichols belleves that the effect of the whole ?uwer of the church on the community will be to give the city a breath of a new religlous at- mosphere. ————————————————————————————————————————————————————————————————————————————————————————————————————— Ac‘:’ 'KIDNEYS, LIVER = o EF | |SPEL J1S By LIISRN Y. Z GENTL) ON THE 5 ~ AND Bow | EA - OVERCOMES [IABITUAL 7 ELS; FECT =2/ Hea COfi§T| I~ 10 GE EFICIAL I ‘BVY-THE:GENVINE-MANFD-BY- SRP S pN FRANCI Yo CAL. o’ PERMANEN - B FOR SALE| BY ALL| U6 i E b Fa o N CONSUMPTION CURED. Mrs. Riddle's- Life Saved by DUFFY'S PURE MALT WHISKEY, Zeno, 8. C., 32999, Gentlemen—I bad a cough for thres years, eftects of grip proper care of myself. In April, 1895, T became so weak I was unable to work. 1 was examined by two physt- clans, who told me I had b itis very bad. They advised me to use Duffy t Wh but I was so bitter against w! would not consent. By Aug. 20th last 1 had gone %o far as to be unable to get my breath, except with difficulty —was very low. I thought I could not live much_longer. r physiclan, Dr. T. W. Campbell of Energy, S. C., examined my lungs, told me the right one was very bad and the left one but a trifle better, but that I had enough lungs left to live a good while yet if I would — — S S S anything to begin me et take plenty of Duffy's Malt Whiskey, and take it regularly. though he {s not a whiskey doctor, ordered dose every two hours, day and night and immediately began to improve, and now, #ix weeks from that time, I well as I sver cot ngs are healed, t t lung, and that the 1 do not know whether God 1 of valuable inform application. DUFFY MALT WHISKEY CO., By thl for relfet. time I was wiiling to do S0 the dear old man, at once with two tablespoonfuls as I did so, n breathe almost 4 Dr. C. says my Il place in the are contract- d, except one du cavities going to let ly trust He A your Whis- . and if T bad ® been cured by well or not. but I believe that unde: d my life thus 1s prescr = nt tres on it ar phys ROCHESTER, N, Y. AMUSEMENTS. THE BIG EVENT! Thursday Afternoon, December 14, T Orpheum. MONSTER CONTINUOUS PERFORMANCE IN AID OF THE CHARITY FUND —OF THB— Associated Theatrical Managers of San Francisco. THE GREATEST BILL EVER OFFERED. FREDERICK WARDE and Company, from the Columbia. RAWLEY COMPANY, from the Call- The fornia. An act of “'HIS MAJESTY," from the Grand Opera House. An_act of “Mother Earth’ CAMILLE D'ARVILLE GOLDEN and the Cream of from the Alcazar. EORGE FULLER Vaudeville, from eum. 1S HARTMAN m_the Tivoll JRGIA MINSTRELS, from the ¢ | _FERR! prise, fro ORIGINAL the Albambra. MAJOR MITE and Big Things, Chutes. CAD WILSON and Vaudeville Lights, from the Olympia. CURTAIN RISES AT ONE O'CLOCK SHARP. CARRIAGES AT 5:20. and an Operatic Sur- from the every known charity., Now help them. Eaocugh snid. | RESERVED SEATS—Entire Ground Floor, $1; Balcony, 25¢c and 50c; Box Seats, §1 50. | SALE OF SEATS WILL BEGIN AT THE 'mr{s-um'n B OFFICE MONDAY_ MORN- | ING, DECEMBER 11, LOCK ALCAZAR THEATER. TO-NIGHT ! AN ACKNOWLEDGED HIT. Francis Powers' Mexican Tragedy, “MOTHER EARTH” INCREASED ORCHESTRA. Mustc by EMILE BRUGUIERE, Preceded by the Humorous Farce, “UgP TO WATKINS.” SEATS 15¢, 25¢, 35¢, 50¢. MATINEE SATURDAY AND SUNDAY. GRAND OPERA-HOUSE. TELEPHONE MAIN 832, . ANOTHER CALIFORNIAN TRIUMPH. ALL THIS WEEK. art and Peter Robertson's Brilliant o Comic Opera, HIS MAJESTY. All previous productions totally eclipsed. A DELIGHTFUL ENTERTAINMENT. USUAL PRICES—§0e, 35¢, e, 1Sc, 10e. Good Reserved Seat at Saturday Matinee, 25c. Branch ticket office, Emporium. CONCERTS AND RESORTS. Panorama < Battle of Manila Bay work of art ever STEEPLECHASE. presented to the CENTIAL PuK $th and Market sts.—Open tail, wonderful execution. Open dnily 10 a. m. A 0 5 p. m. Market St., nr. 8th. public. Daily from 1 to 11:30 p, m. IT'8 TEE PLACE WITH THE FUNNY ETAIES, 11, the fearless equilibrist, in his T epectalty; Jeflries- Fitzsimmoris fight, v nd of the famous pugilistic encounter; fhe “Mochanical Bands imported direct from FROM CONE 10c; Includes a ride on e presents to the winners. on, the horses. Hans ARE Cordially invited to YOU Attend th ANNUAT. RECEPTION AND ART EXEIBITION or1 Yatimer and pupils, which will be held in 1@¥iapie Parlor of the Palace Hotel on the af and evenings of December 5 and 6, Big & 1 & non- Whitas, t a;nrt?. or suy I‘-i:’-:‘: erereats sosiagion. ' tion of T:o-. mem The Managers and Actors have helped Marvelous in de- | n | any; the Razzle-Dazzle: the great Roman | 3:%...1.: and scores of other funny thin; bill -potsonony ly, for Gor hit nn AGAIN, A VERITABLE TRIUMPH! | THIRD TREMENDOUS SUCCESS OF THR FRAWLEY COMPANY, THE BEAUTIFUL, ROMANTIC PLAY, |“AN ENEMY TO THE KING.” Presented, as sumptuous Dantel | Secure your seats as this will be anothsr RECORD BREAKING # WEK. at Play, aset “THE FATAL CARD.” TIVOLI - OPERA-HOUSE. CLOSED FOR DECORATION AND Box Office open as usual for sale of |GRAND GALA REOPENING NEXT SATURDAY NIGHT For the C AIRS, seats. n TARTAR Reappearance of the popular comedian FERRIS HARTMAN. Return of the Ch: ng Soubrette, ANNIE MEYERS, Big Double Company of Favorites! | Unsurpassed Ch 1 Orches All Previous P POPULAR PRICE Telephone fc MAT SAT. [LAST 6 NIGHTS. T NSATIONAL SUC JACOB LITT'S GREAT REVIVAL OF BRONSON HOWARD'S WAR PLAY, SHENANDOAH 200 PEOPLE, 50 HOF 8. AEALLY T T QOTN | aREaLLy s BATTLE SCENE. NO INCREASE IN PRICES—%o to §1. NEXT MONDAY——FREDERICK WARDE Opening Play. “THE LION'S MOUTH." (THE PEOPLE'S PLAYHOUSE) I Eddy and Jones Sts. Phons SOUTH 770, | WE ARE XEEPING OUR PROMISE BY GIV- ING THE F T SHOW IN TOWN THIS IS WHY W AF LAYING TO THY CAPAC DO YOU WANT TO A HEARTY LAUGH? THEN COME AND SEE “MR. PLASTER OF PARIS” ONE_WEEK. MATINEES SATURDAY AND SUNDAY. SPECIAL PRICES: Evenings. 35¢, and 500 Matinee. . 2 and %o Next Sunday Night—Original GEORGIA MINSTRELS | | CROWDED HOUSES! DELIGHTED AUDIENCES! TWO FAMOUS STARS. CAMILLE D'ARVILLE The Queen of Comic Opews, ‘GEORGE FULLER GOLDEN, | The King of Monologist | With a strong colle h class Vaude- > ville Reserved seats opera chairs and Matinees Wedne: Sunday. WESTERN TURF ASSOCIATION TANFORAN PARK | SECOND MEETING, T 399, 1 Six high-class running rain or shine, beginn The ideal winter racetr: trons stcp directly from th & superb grand st comfortably housed . 10 cents; of America. Py raflroa enjoy unobstruc | Trains ieave Th nsend streets at | 9:00, 1¢ 1 12:35, 12:5) and 1:35 p. m., returning sediately after | Jast race and at 4:5 p. » | for women and their e alencia street 10 minues later. San Jose and way stations. Arrive at San | Bruno at 12:45 p. m. Leave San Bruno at 4:00 | and . m. Rat. an Franclsco to Tanforan and re- turn, including admission to track, $1 2. W. J. MARTIN. President. | ¥ H GREEN, secretary and Mavager.