The San Francisco Call. Newspaper, November 7, 1900, Page 9

THE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER - 7, 1900. FATAL SHOOTING AFFRAY QCCURS INANGELS CAMP Mitchell Magud Firesa Bul- let Into the Body of L. Ocosonich. ESEFST. Culmination of a Bitter Feud That Has Existed Between the Two Men for a Number of Years. 2 © The Can CAMP, Nov. 6.~Chris Ocoso- shot and probably fatally v Mitch Magud on a street * Angels Camp this afternoon. Magud is 1 arrest, charged with carryir WEapons, attempt to. ki led to the years, Angels we &mong _then and opened fire WILL LISTEN TO THE PROTESTS OF SHIPPERS Commission Hearing M Y ¥ New Je ey, New York : Proprietary_As- > November 19 Johnson of Norfolk, Neb., r 24 of these is that of M League, om St. Louls t are relatively ur on the ehipper of less WOULD AUCTION THE TRANSAAL Object of Paul Kruger in Making the Trip to the Continent. —- LONDON, Nov. §—Lord Roberts has ca- bied to the War Office that former Presi- Ste a dispatch to Delarey’s rehers, October 22, said Mr. Kruger had gone to Europe t “interviewed,” and t t Transvaal “will be est bidder » & dispatch dated Jo- reports to the rien states that Major Captain Chalmers of the ted Rifles have been deco- ers rode out under a heavy a horseless non-commis- inders was wounded and nd the gal- was, | eve to say, Nov. 6—The Dutch « and, with ex-President Kru- pe rived here. She has ait instructions from Said with regard to g in Europe. The 1 here three days. who is in exceilent health, at the news of the recent on,” he is what Mr. Kr rejoiced great remis: “That the voyage Mr. Kruger's for gome trouble with his clients He will travel incog- ot land until he reaches by Fire. ALBANY Nov. 6.—Fire broke —night at Kricher's large candy fac- tory and communicated to the Press Knickerbocker building. Both bulld- ings were destroyed. At this hour it is timated that the Joss will probably be & minion aoliars Fever Among Russian Troops. £T. PETERSBUR: ov. 6.—According jvate dispatches received here typhus other fevers are beginning to abate © Russian army in Manchuria, GRAPE-NUTS. Grape Sugar is onc of the most Delicate Sweets in food TR va'ape-Nuts for brecakfast “AFTERNOON St. Louls, Mo., Ladles Serve the New Food Delicacy. At some select afternoon “teas” St. Louis, Mo., the ladies have been serving the new food delicacy, Grape- Nuts, and it has become very popular, | association at the university. owing to its novel and never-to-be-for- rotten flavor as well as the fact that s ready to be served without any ;reparation whatever, a most desirable g.“‘,‘,‘ ‘eature for hurry breakfast and lunch- | Geneva, Switzerland, eon. > commission that | | many. | ana_Albany shops | Be in | tenced to jmprisonment for a term of two OPPOSITION TO INY CLEMENCY G0 D ntiment of the German Press on the Chinese Question. painins Russia’s Reply to Anglo-German Agreement Emphasizes Her In- | tentions as to Integrity | of China. ‘ ECHEIP- s Se: Yov. 6.—Discussing the efforts & Chang to get diplomatic rep- to intercede with Field Mar- t von Waldersee with a view of | execution of the Paoting-Fu ible for the massacre beral papers, Vossische ional Zeitung and Boersen for their execution without h e Zeitung remarking clemency can accomplish nothing barbarians.” m German soldiers in China d their way into the press. Courfer, National Liberal, from Peking describing the of the battalion to which the riter ngs, and mentioping a case where from 300 to 400 Chinese were “partly Rilled and partly executed.” The writer adds: “All Boxers who are caught in Pe- | king are shot. Each one must dig a hole and kneel behind it, so as to fall directly | it when shot. | “The city of Liangchang Chung was | captured yesterday. Our company halted before one of the gates, and ihe Chinese who were ariv trom the other side | shed upon our bayo- We have men in e already shot ten | r says: “Such statements as official explanation regard- er of carrving on the war than ever. | ige Zeitung says; ‘“‘Per- nee in official quarters unfor- fies the conclusion that such of the conduct of the Ger- true. The Government 11 to express itself in the | 'RG, Nov. 6.—The text an reply to the Anglo-German te is published. int, providing for open ports | t China is favorably re- does mot n ion alter existing econd point is all the more in har- ussia’s intentions, as the in- Empire is the f the Russian ards the possibility of a violation principle, in the third _article, a refers to her note of May 28 and ts her declaration that such viola- would compel Russia to modify, as might require, the atti- ¢ - taken LONDON, Nov. 6.—The Gazette to-night ral Gazelee's dispatches to the Secretary of State for India, referring to the operations for the relief of Peking, ral Dorward's report of the about Tientsin. General Ga 18 two Americans who Rus repea | lantly supported our fighting line. viz.: | Major Quinton and Captain J. R. M | Talor,” both of the Fourteenth United | States Infantry. General Dorward’s report contains lit- | | tle that i= new, but relating to the with drawal of the Ninth United States Infan- | try after it had suffered so heavily in the | ettack upon Tientsin, says: “I would spe- | Cially bring to notice the conduct of Major Lee during retirement. In him the : esses an officer of excep- Among many instances of Je r 21 bravery during the action I ould specially bring to notice the con- Guct of Captain Smedley D. Butler, United States marines, in bringing a wounded | man in from the front under a heavy and accurate fire. Butler was wounded while | so doing and was himself carried out of the firing line by Adjutant Leonard, who. | I regret io was dangerously wounded in so doing. “Captain Lawton of the Ninth United States Regiment brought me the news of | | their condition under a heavy fire. When | | returning and guiding the reinforcements | of his regiment he was. severely wounded.” ] | TROOPS ARE RETURNING FROM YOSEMITE PARK Report That Conditions in the Na- stion’s Preserve Are Excellent and Game Increasing. WAWONA, Nov. 6—Troop F, Sixth Cavalry, under command of Major Rucker, Captain Wilcox and Lieutenant Parker, left here this morning. The troop arrived here June 3, with troops from Sequofa Park, under command of | Captain Cole, and will meet Troop F at | Madera | Oniy about 1800 sheep have been ejected | from the park the present season, against | msny thousands during all previous sea- sons. Many guns have beed taken from | parties entering the park this year, as stricter regulations have been enforced | this year than heretofore. The weapons | | are returned to the owners at the close | of the season The »ps mre to march to San Fran- | cisco, which will consume about fourteen | days. Bridges have been constructed over | | two of the most dangerous streams in the park, which are impassable at high water | n _the spr » | v one small fire was reported in the park this year, while last year at least three large fire were raging in the park at_the same time Quite a number o been made at Camp way of shelter for Game in the park is especially deer. Fish are also very much more abundant. Al the lakes in this vicinity have been stocked from the Wa- wona Fish Hatchery. Tralls in the park are in very bad condition and are in much | need r, as In some places they are able. The boundary lines | of the park have never been surveyed or narked in any manner, so that it is ut- ¥ impossible for stockmen as well as officers to know the exact lines. WILL NOT INTERFERE WITH GERMANY'S POLICY Russian Diplom’nt”Snys No Notice ‘Will Be Taken of Ultra Agra- | rian Movement. } ST. PETERSBURG, Nov. 6.—Referring | to the report that Russia and America | had agreed to warn Germany against ful- filling the ultra Agrarian demands regard- | ing the grain tariff, the proper authority in the Finance Ministry here declared to- | day that Russia does not intend to inter- fere with Germany in the conduct ‘of her | domestic affairs. Russla, he added, will | | not_notice the tariff legislation officially | urtil it is enacted and commercial treaty | negotiations are begun. It is possible Germany will establish maximum and | minimum rates. The discussion of this point has hitherto been academic. In any case Russia will calmly walt, as she | | 18 not afrald of a tariff war with Ger- O 3 f improvements have A. E. Wood in the horses and forage. increasing rapidly, | D s i Strike Is Syreading. | BPRINGFIELD, Mass., Nov. 6.—The | strike of the boiler makers at the Boston in West Springfield threatens io spread to both ends of the | line. Within twenty-four hours it s ex- | pected that the boiler makers in the com- | pany’s shops in Boston and Albany will called out as a consequence of the re- fusal of the railroad officials to hold a conference with President John McNeill of the Brotherhood of Boiler Makers and Iron Ship Bullders of America. ST. PETERSBURG, Nov. 6.—A student at the university at Dorpat has been sen- years for having killed a fellow student in a duel a year ago. Government has virtually broken up the German dueling ey Consuls Exchange Portfolios. WASHINGTON. Nov. 6.—Horace Lee ngton, at present Consul at Valen- n, has been appointed Consui at exchanging places leman. with Richard M. Lnumbering over 1000 | of the Ministry had joined together on a HUNDREDS O HATIVES DING - OF STRRIATION Mrs, Fred Smith Appeals for Aid for Alaska Indians. RO Sl Urges Charitable Societies to Send Food and Clothing to Famished Tribes on Cooks Inlet. . PR N Spectal Dispatch to The Call. TACOMA, Nov. 6.—Mrs. Fred Smith, who arrived last night from Cooks Inlet, Alaska, says that fully 400 out of the 1000 or more Indians inhabiting that section are now dying of cold and starvation. Mrs. Smith's words are entitled to more than usual credence, from the fact that £he has recefved a gold medal from Con- | gress for swinming Into the surf and res- culng three drowning seamen from the British bark Ferndale off the coast uf Grays Harbor in January, 1592. She was then Mrs. Jartha White. In the follow- ing year she and her husband went to Cooks Inlet. She was the first white woman in that country and to them was born the first white child there. Later Mr. White dled and two years ago she married Fred Smith, the owner of rich placer clalms on Lynch Creek. After spending the winter with her daughter in California, Mrs. Smith will return -to Cooks Inlet. “I wish I could tell you all I know re- garding the terrible condition of _the ooks Inlet Indlans,” she said to-day. “There are several tribes in that distri persons. Of this number there are more than 400, includ- ing young children and old women, who are starving and freezing to death for want of food and clothing. In former years they have made a living by hunt- ng. Since the advent of the white man their condition has been growing worse. The miners with their campfires have set the forests aflame. The young fox and other fur animails that are reared in tha ' hollow roots of trees have been destroyed | until to-day in that section there is predc- ically nothing at all. These nativ ave, therefore, no furs from whi to make thelr clothing. They have no furs with which to do any trading or to buy food, and their condition as I describe it is the resuit. | It is true that in the summer time they | put up a considerable quantity of fish, but as many were not provided there s | not enough to go around. 1l of these tribes are under the Rus- sian church, but this body has done lit- tle or pothing to help them. If the char- itable societies on the coast would take the matter up some of the suffering might be alleviated. What they want most is clothing and flour. _If these things could be got to them they could survive during the winter. The country that was once theirs is now ours and there | is no reason why we should allow (he | present condition to exist in a land that | belongs to the United States. I have | given them a share of what I have, and | when I left T realized that many of them | would be dead before my return. I was powerless to prevent it The Cooks In- et Indians are in worse condition than the other Alaskan tribes, and if some- | thing is not done it will only be a short time until they become extinct.” REOPERIN OF FRENCH SERATE After Brief Session Adjourn- ment Until Thursday Is Taken. R e PARIS, Nov. 6.—The Senate reopened its session this afternoon with M. Fal- lieres presiding. After a very brief and uninteresting session adjournment until Thursday was taken. ' In the Chamber of Deputies there was a lively scene previous to the formal opening. On all sides were groups of| Deputies discussing the probable pro- gramme of the Government concerning many interpellations. The President of| the Chamber, M. Deschanel, presided. The galleries were crowded. After the preliminary business M. Wal- deck-Rosseau explained that the Govern- ment would not delay action on the vari- ous interpellations, but he warned the Chamber that if the Deputies did not se- | lect important interpeilations, dismissing the others, the entire session would be occupied with interpellations, to the det- riment of necessary important legisia- tion. The Chamber then voted to proceed with the interpellation of M. Albert Va- zille. Radical Soclalist, representing the Montagris district of Loiret, on the gen- eral policy of the Government. The Premier explained that the Govern- ment desired the discussion of a few re- form measures of immediate interest, simultaneously with the budget discus- sion. These reforms, he explained, were a law to reduce thetax on alcohol, old age pensions, officlal arbitrators for labor disputes and the reform of courts-mar- tial, and the law of associations, which, he said, ought to be one of the first acts of the Republican party, to avert the peril which menaced the public fortune and moral unity of the country. M. Ribot, Republican, former Premler, called attention to the differences in the statements on goclal matters between M. Millerand and M. Waldeck-Rousseau. In 0 (oing, M. Ribot said he was surprised that M. Millerand could continiie in the Cabinet in view of M. Waldeck-Rous- seau’s_declaration against Soclalism. M. Millerand replled warmly to M. Ribot. He declared he maintained his opinions. but he explained, the members | i | ! platform to which thev could all adhere, setting_aside opinions of a secondary na- ture which might create discord. M. Mii- lerand added that they would find, when the Government's bill to arbitrate strikes was fully explained, that its provisions were such as to win the support of the entire Republican majority. e Cham- ber adjourned until Thursda: AT RISK OF LIFE HE STOPPED A RUNAWAY Nervy Act of Police Sergeant Blank, Who Caught a Frightened Horse. By trying to save the lives of several little children who were in imminent dan- ger of being run over by a runaway horse Sergeant Chris Blank of the Seventeenth- street police station was badly hurt yes- terday at the crossing of Twenty-second and Mission streets. At 12 o'clock, just as several children were crossing "the streets mentioned on their way from the Horace Mann School, a_horse attached to a cart came tearing up Mission street and was in the act of tuming into Twenty- second when Sergeant Blank, who was coming up Twenty-second, saw the im- pending danger, and jumping into the e grabbed the lines, which were trailing beside the cart, and succeeded in checking the animal just as it was about to_run over some children. ‘Blank was -iragged about twenty yards over the .rough cobblestones bcxon he succeeded in stopping the runaway, As soon as he was extricated from his haz- ardous position he found himself badl brulsed and with several lacerated wounds of the head and face and & mailmed hand. He reported off duty and went to his home. The horse that did the damage Contra_Costa dairy and l}' Eighteenth street, s left sta on the g , @ man named Crabb, m‘f where it by its drive | Ing_produced 115,224 tons. PRISON REFORM LT P;tty Prisoners No Longer to Be Treated Like Felons. ——— Harsh Treatment That Was Accorded Editor Mar: , Recently Convict- ed of Libel, Called Attention to Many Imperfections. priec i 25 BY HORACE WRIGHT. Spectal Correspondence of The Call. HONOLULU, Oct. 30.—The imprison- ment of W. H. Marshall, former editor of the Volcano, now suspended, upon the charge of libel, has directed attention to the imperfections in the penal system of the islands. When Marshall was first in- carcerated he was paraded with the chain gang and was treated like a felon. The indignities heaped upon him created a good deal of comment, and Jailer Hen- ry explained that, according to the law, no other course was permitted toward the prisoner. The matter has been taken up by the Attorney General at the in- stance of Governor Dole. In the mean- time Marshall is recelving better treat- ment and is not compelled to wear the same garb nor work with the chain gans. In the future the same distinction will be made between felons and petty offenders. A long standing feud in the Honolulu Police Department, growing out of differ- ences between Senior Captain Parker, a native, and Officer Hanrahan, a white man who had been rapidly promoted, was ended last Sunday by the resigna- tion of the white man, after a last row with Parker. High Sheriff Brown held that both men could not remain on the force and Hanrahan had to go. There i3 a large proportion of natives in the rank and file of thé Honolulu force and a gen- eral strike of policemen was threatened when it was thought that the head of the department might sustain Hanrahan against the native captain. Hanrahan came here about a year ago. He is an ex-policeman of New York and was for- merly in the army. The numberi of houses has been be- un in Honolult,~with a view to_ estab- ishin, &+ delivery. This is something the city has never had before. At present there is practically no num- bering system, and the postoffice has never attempted to deilver letters. This | has been the cause of much crowding at | the postoffice, where all people had to 11 for their mail. Samuel Johannavitz, a baker, and Pol- ish interpreter in the Police Court, was instantly killed early this morning being electrocuted at his place of busi- ne He was using a movable incan- descent light when the current passed through a place where the insulation had worn off, and he dropped dead spot. One of the Hawaiian Electric Com- pany’s wires is said to have been ground- ed or crossed with a line from the Gov- ernment power house, and this made a current of about a thousand volts at the time when the deceased took his lamp in hand. Two other men in different parts of the city were badly shocked, and the police telephoned to the Government station and had the power shut off. A good deal of excitement was caused by lie unusual conditions, and the en- gineer in charge at the Hawalian Elec- tric Company's power house had a dan- gerous post for a time, as the current took hold of one of his engines and he feared to approach and stop it. The polls will not be closed in Hawall promptly at 5 o'clock next Tuesd retary of Territory Cooper has that in cases where there are eligible voters at the polls walting at 5 o'clock they shall be given a chance to vote. Owing to the faulty divisions of the pre- cincts it was feared that some votecs would have no chance to cast their bal- lots, there not being time enough for all, but’ the .rule now established will give every citizen an opportunity to cast a allot. The transport Conemaugh arrived here {_eslerdly ovenln{, eleven days from San ‘rancisco. ong passage was due to an accident to her auxiliary machinery, compelling her to slow down for two days. She lost three animals on the way here. The sugar crop of all the islands for the year ending with September 30 last amounted to 288,544 tons, representing a value of over $23.00,000. This is an in- crease of about 7000 tons over last year's figures. The large island of Hawail leads, as usual, in the amount of its crop, hav- b with 63,348, Oahu had 53,625 tons and Maul 57,347. The largest from any single plan- tation was from Ewa, on Oahu, which produced 21,578 tons, or mnearly $2,000,000 worth. The contention that the Hawalian language is a foreign langusge here has been made as a part of the pleadings in a_case before the Circuit Court. A com- plaint in a suit to quiet title is demurred to by Attorney T. McCants Stewart be- cause a part of it Is In the native Ha- wallan language. It is claimed that the complaint is unintelligible and is partly in a foreign language. In view of recent rulings by some of the Circuit Judges it is thought that the strange-sounding con- tention will hold. Deputy Sherift Chillingworth of Hono- lulu Is the hero of an encounter with a desperate prisoner, in which the officer showed splendid nerve and succeeded in taking a man who had him covered at close quarters with a loaded revolver. The prisoner was Charles Heffernan, who was accused of passing a forged check. While driving with Chillingworth to the ail he succeeded in getting permission to eave the hack oh a plea of sickness. Then he stood by the vehicle and pointed a revolver at the officer, demanding that the latter surrender the hack to htm. The officer kept his seat and told the man to 0 ahead and shoot. After a parley effernan declared his intention to fire. saying he didn’t like to do so. He held out his left hand to shake hands and say good-by to the man he was going to kill, still presenting the pistol. Chillingworth took the proffered hand and jerked the man into the hack, seized the hand that | held the revolver and overpowered his man, Heffernan had been arrested before and had managed to escape. He is now committed for trial on a charge of as- sault with a deadly weapon, in addition to the old charge. The deputy sheriff is being highly complimented for his re- markable nerve. INTERESTS THE COAST. List of Patents Issued and Pensions Granted at Washington. WASHINGTON, Nov. 6—Patents sued: ' George F. Andréws, Riverside, mortising machine: John S. Briggs, Los Angeles, air injecting device for lessening skin friction of vessels; Henry E. Brun- new, Haywards, acetylene gas generator: Arthur_Coffin, JFrancisco, seal_lock Mark H, Hamm, Petaluma, and H. R. Taylor, Oakland, ore stamp mill; James T. Ludlow, San Francisco, ammonia com- ressor; Jesse C. and Jesse C. Jr. Martin, an Francisco, metallic flexibie joint; Ed. ward A, Rix, San Francisco, hydraulic brush; James M. Thorp, Alameda, appa- ratus for swelling staves of wooden tanks. Penslons granted: California—Or- iginal—Charles W. Olmstead ( cad)."Sac- ramento, §12; BEdward Almazo, Bulllo, San Francisco, $. Additional-William H. Oregon—Origina B. Bates, Trout- e . Increase—David B k - oo, $%. T Widew—_Lavernes “Diin. "Hn on, $8. : \Vn}a{!l:l;x tm‘a—&crle‘u’:’—‘;hmes ?! P. Al- en, and, e e and In ase— Wiitiam A. Lammey, South Tacoma, $i0, el P Population of Wyoming. WASHINGTON, Nov. 8.—The popula- tion of the State of Wyoming, as of- ficially announced to-day, is 92,531, against 60,705 In 1890. ese res show an In- tion since 1890 of , or crease in .Mer cent. 'fl:% 'P‘I'V’Pulltlgn I'n ,}o 50 was ), showtl Of 8 195 per- cent, from 1880 to 1890, ol 3 X Tobaceo Factory Burned. ST. LOUTS, Nov. 6.—Wiesert Bros." to- bacco faéts ‘was burned to the d m-dc; , causing & loss of $80,000 t\firl;“&.- .on_the | ay. Sec. ecided | _Kaual {s next | | | 1 (B ' ley; October 18, Com | pany BG STEMMER HOBIBLY LOST OFF THIS COMST Wreckage Sighted by Cap- tain -of the Lillia Thurston. b R T T T Painted Upper Works, a Lifeboat Partly Submerged and an Air Tank Seen Floating Off Cape Flattery. S gk SEATTLE, Nov. 6.—Captain Johnson of the steamer Lillia Thurston, which re- turned to this port this afternoon, says he saw a lot of wreckage about 200 miles offt Cape Flattery, and thinks a large steamer has foundered. The Sea was go high at the time that he was unable to make a close examina- tlon of the wreckage, but it consisted of lumber painted on both sides like the up- per works of a steamer, also portions of rigging. He also saw a lifeboat about twenty-five feet long half submerged, but was not close enough to see any name. He also saw an air rom a lifeboat floating several miles farther along. He gmed through the wreckage on Novem- er 2, and gives it as his opinion that the disaster occurred probably in the twenty- four hours previous. CATTLEMAN MURDERED FOR TRIVIAL CAUSE Robert L. Hall Shot and Killed in Southeastern New Mexico by Fayette Seeley. CARLSBAD, N, M., Nov. 6—Robert L. Hall, one of the best known cattlemen in Southeastern New Mexico, was shot and killed at his ranch, sixty miles south of this place. His alleged murderer {s Fayette Seeley, known as ‘‘Red” Seelsy, who also shot and severely wounded in the arm Holl Herring. The trouble darose over some trivial mat- ter. Seeley, who was the only one of the party armed, commenced shooting, it is said, with little or no provocation. Seeley escaped toward Ol1d Mexico. RACED THOUSANDS OF MILES, FINISHED HOURS APART British Ship Baron Eldon Outsails the Baron Innerdale After a Contest Started in Java. PHILADELPHIA, Nov. 6.—The British steamships Baron Eldon and Baron Inner- dale have arrived at the Delaware break- water from Java, finishing a race of 15,000 miles within four hours of eacu other. The vessels left Java September 1, their course being via the Suez canal, the Med- iterranean Sea and North Atantic Ocean. After leaving Port Said they did not sight each other until the Delaware breakwater was reached. The Baron Eldon arrived first, four hours in the lead. Murdered by a Robber. JOPLIN, Mo., Nov. 6.—James Watson, aged 30 years, who has lived in this sec- tion since 1882, was found on the St. Louls and San Francisco Rallroad on the out- skirts at midnight with a bullet wound through his head. He had been shot from behind, apparentiy by a robber. MACARTHUR SENS CASUALTY LiT Lieutenant William D. Pasco Is Among the Slain. ANt WASHINGTON, Nov. 8.—General Mac- Arthur cables from Manfla to-day that Second Lieutenant William D. Pasco and Privates Lem Meadow and Addison Enix, Company K, Nineteenth Infantry, were | killed Monday, October 29, near Cuartero. | Lieutenant Pasco was a son of ex-Sen- ator Samuel Pasco of Florida, who s a member of the Nicaragua Canal Commis- sion. General MacArthur also reports the death to-day of Stanley M. Stuart, assist- ant surgeon Eleventh Volunteer Cavalry, at Banta Cruz, Luzon, of a fractured skull, he having been thrown from his horse. Surgeon Stuart was appointed from Washingjon. General MacArthur also cables (he fol- lowing casualtie: Dysentery—October 31, Company E, Thirty-elghth Infantry, Wiiliam' Bolin, October 29, Company M, Forty-first fantry, John B. Bowers; October 7, Com- pany A, Sixth Infantry, Charles M. Car- roll; October 30, Company.A, Twenty sixth Infantry, Thomas Kane; Company B, Twenty-first Infantry, Michael W. Sui- livan. Tuberculolis—Comgme G, Thirty-fourth Infantry, Richard M. Burns; September 14, Company G, Forty-third Infantry, Cor- ral Patrick Maloney; October 28, Troop Third Cavalry, Joseph P. Murphy. Malarial fever—October 11, Company M, Sixth Infantry, Henry Allison; October 20, Company K, Fourth Infantry, Charles Hobson; October 80, Company M, Forty fifth Infantry, William Jacobs; 'October 31, Company. H, Thirty-ninth. Infantry. Andrew J. Taylor; October 19, Troop H, Eleventh Cavalry, F. S. Thomas. All other causes—October 22, Company L Forty-ninth Infantry. Waiter Warren: October 30, Company L, Twenty-fifth In- fantry, Patrick B, O'Connell; October 28, Troop F, Fourth Cavalry, Robert J. Lil- pany G, Forty-ninth Infantry, Willie Johnson; ' October 25, Company C, Seventeenth Infantry, Ser- geant Samuel M. Horn; October 23, Com- A, Nineteenth. Infantry, Edward October 20, Company M, Sixth In- Ser’Feam Frank Braunwork; Sep- 8, Troop C, Ninth Cavalry, Wil- October 30, Company E, Farrell liam Clayton; Twenty-eighth Infantry, Willlam H. Moseback; Company H, Sixteenth In- fantry, John L. Chambers; October lo, Company B, Sixth Infantry, Fred D. —; November 1, Company H, Thirtieth In fantry, Musician John Maloney. Pioneers Elect Officers. The annual meeting of the Ploneer Row- ing Club was held at the clubhouse on Long Whart on Sunday. The principal business was the nomination and election of officers to serve during the year 1901, The following named were elected: James E. Power, president; Fred O'Nelll, vice resident; Robert J. Espy, secretary; J. . Sullivan, treasurer; Edward Murphy, captain; John O'Leary, vice captain’ George Collopy, James Brennan and Frank Rafter, :iru;{-;n;dflglfln s.dmlh' uis Derre an chare ‘ollopy, dele- i‘:tes to the Pacific Assoclation of the ‘| Amateur Athletic Union; George Lawson, sergeant-at-arms. The question of new quarters for the club was discussed, and Thomas was appointed chairman of a committee of the whole taglook out for and report on a suitable site. . Cars Collide. There was a collision between two cars yesterday morning, which, had not both been empty, might have caused serious disaster to life and limb. About 8 o'clock car of the Powell street line roln‘ down n street hill ran with full force Into one of the cars of the Jackson street line at Washington and Mason streets, knoc! ng the latter completely off the track and tearing away part ?:llhe rear of the con- veyance. It mfln claimed !'Iu'thtlle ‘fo“y was cause of e mishap. ;r‘-::‘:"vho witnessed the -eeldem' say that had there been passengers aboard either car there would have been more se- rious damage than the breaking of a car, THE LIABILITY OF CORPORATIONS. Copyright, 1800,.by Seymour Eaton. N, LAW LESSONS: —_—— BY ALBERT S. BOLLES, LL. D. | Corporations have the same duty as In- dividuals in selecting proper employes for the service required of them, safe places | wherein to work and proper appliances. The fact that this duty must be done by | an agent—a president, manager, superin- | tendent or other official—in no wise | changes the duty or lability of the cor- poration itself. The rule has been well stated by Mr. Justice Gray of the Su- preme Court of Massachusetts. A cor- poration must, and a master who has an extensive business often does, perform this duty through officers or superintend-, ents; but the duty is his and not merely theirs, and for negligence of his duty in this respect he is responsible. To hold otherwise would be to exempt a master who selected all his machinery and ser- vants through agents or superintenden from all liability whatever to their fel® low servants, although he had been gross- Iy negligent in the selection or keeping of | proper persons and means for conducting his business. In the case of a corpora- | tion the president and directors, at least, | cannot be deemed mere servants, but must be considered as representing the corporation itgelf.” Competency of Employes Is a Ques- tion of Fact. ‘Whether an employe is competent or not is a question of fact. * Only in cases. therefore, when an injury has happened to a servant through the act of another can the questior be answered whether the injured servant or the one who Injured him was competent. Thus in one of the cases a _servant on a street raiiway, who was injured by the negligence of the motorman, tried togshow that the com- pany had not exercised ordinary care in selecting him. Evidence was taken con- cerning his fitness and the court de- clared that the. company had not be remiss in its duty. A Corporation Cannot Shift Its Re- sponsibility. Though this duty of selecting fit em- ployes may be delegated or done by an- other for the emplover, he cannot shift or escape his responsibility. If he could, the rule would soon cease to be of any worth. The agent, therefore, who thus acts for a corporation in selecting em- ployes is not regarded as a fellow servant of the employes. In one sense all are agents, acting for a common master; in another sense they do not thus act. The hiring agent, so_to speak, is not re- | lated to those who hired him as one of their own number, though in truth he is hired and pald, it may be, in.the same manner as the others. Thus in Ford vs. Raflroad, the Supreme Court of Massa- chusetts has remarked that ‘“‘the agents who are charged with the duty of supply- ing safe machinery are not, in a true sense of the rule, to be regarded as fel- | low servants of those ‘who are engaged In operating {t. They are charged with a master’'s duty to his servant. They are employed in distinct and separate depart- ments of service, and there is no diffi- culty in distinguishing them, even when the same person renders service by turns in each, as the convenlence of the em- ployer may require.” Consequently when a servant is em- ployed by a corporation who proves to be unfit for the use made of him and injures another the corporation cannot escape liability by saying that the act of hiring was not its own, but that of another, A | corporation must, indeed, act through an- | other, but in the hiring of servants, fur- | nishing them with appliances, safe places | for work, etc., the corporation is regard- | ed in law as acting directly, and therefore | is responsible for the results. Such is the | rule stated at an early day and has been often applied. Its Responsibility for Repairs. The rule had been in existence only a few years before the courts befnn to pare it down. While still clinging to the first art and holding corporations for the se- ection aof fit employes, etc., they declared that they could relleva themselves from | responsibility for keeging appliances in re- pair by appointing competent persons to | do this for them. Massachusetts led off in this departure. In the case of Johnson vs. Boston Towhoat Company the court aid: “Onesemployed in the care, super- vision and keeping in ordinary repair of the means and appliances used in a busi- ness is engaged in a common service. Thus | a person charged with the duty of keap- ing the track of a railway in repair; the | chief engineer on a steam vessel, whose | duty it was to see that the machinery | was kept in order; an ‘underlooker’ in a mine, whose duty it was to examine the | rock ‘of the mine and prop it when dan- | gerous; the general foreman and manager of extensive builders and contractors.” | Again, in the case of King vs. Boston | and Worcester Rallroad, Justice Fletcher | said: “If a corporation itself should be | held responsible to its servants that the | road, when first used, was safe and suf- | ficlent, vet keeping the road in proper re- | pair afterward would seem to be the work | of servants and laborers as much as any | other part of the business of the corpora- tion.” In harmony with this rule the per- Sons in chare of a train upon a railroad were held to be fellow servants with a laborer employed in repairing the roadbed. Although this point is of great practical importance the reasoning of the court is not always clear; and expressions ar added from time to time which leave the reader in doubt concerning what the rule is. Thus in the towboat case just men- tioned the court remarked in its opinion that the company was under an liga- tlon to its servants to use reasonable dili- gence to maintain in a suitable condition the appliances furnished for their use: “If the company exercised that diligence | and provided suitable means for keeping | its apparatus in proper condition and em- | ployed proper servants to see that the means were properly used, it had fulfilled | its duty.” The duty to provide suitable | appliances, however, is a personal one, and liability for any neglect in perform- ing it, as we have seen, cannot be evaded: and one might think from reading the abova language that the same duty ap- plleda!o the maintaining, repalring and re- newal of appliances, when, In truth, in that State it does not. The Courts Differ on This Question. At this point, then, there is a parting of | ways among the courts, some holding. like that of Massachusetis, that the duty to repair may be fulfilled by appointing | competent servants and proper appliances, | material, etc., for this purpose: ether courts that this duty cannot be turned over to another and liability therefor be evaded any more than for furnishing suft- able appliances, etc., §n the first instance. Opinion of the preme Court of Maine. The opposite view ha: by the Supreme Court ne. Says | Mr."Justice Danforth: “The same care requisite in hiring a servant in the first instance must still be exercised in continu- ing him in the service: otherwise the em- ployer will become résponsible for his want of care and skill. The employer will be equally lable for the acts of an incom- tent or careless servant whom he con- inues in his employment after a knowl- edge of such incompetency or carelessness or when in the exercise of due care he should have known it, as if he had been wumng the sameé care in hiring.” The court then adds that the same thing may be said of machinery. A servant has no more control of the repairs than of the machine, no more responsibility for one than for the other. He uses it and in so been expressed £ Mal g doing assumes the risk whatever it may | be. is Is ’Imglltd in his contract of hir- ing. On the ot! er hand his nmploz:r pro- vides the means of c: o I:I on the busi- us ume: sibility that his work shall ba the res, done with due care, and as the responsi- bility continues so fonc as the means are u so must the same care be exercised in keeping the required means in the same safe condition as at first Such in effect is_the reasoning of the | Supreme Court of Maine, and v 7 likely | it will accord more, perfectly with the nion of our readers than the other lew. As a corpotation or other master must furnish competent servants, appli- ances, etc,, In the beginning and is still, EMPLOYERS AND EMPLOYES. responsible through whatever agent ha may act, it would seem that the duty ought to be equally great to keep them in Tepair and to be holden for the conduct of those who act for him in this regard. Opinion of the Supreme Court of Michigan. In a more recent case in Michigan the Supreme Court remarked: “The rulé may now be considercd as settled in this State as weil as in most of the States. not only that a master is bound to use reasonable care in providing safe tools and appliances for the use of workmen in his employ, but that this is a duty which cannot be dele- §ated to another. so as to relieve hims Tom personal responsibility. * * ¢ The rule adopted by the Federal courts and in most of the States and which seems to us most in consonance with reason and hu- manity. {s that those employed by the master to provide or to keep in repair the place or to supply the machinery and tools for labor, are engaged in a different employment from those who are to use the place or appliances, when provided. and the?' are not therefore as to each other fellow servants.” As they are noi of course the employer is liable in ah cases of negligence in making re It will be seen, therefore, that the pert- ing of the ways by the courts, the setting up of two rules, is made to turn on the question, whethér those who are engaged in repairs are agents of the employer or co-servants or fellow-setvants with the others. If they are agents then the mas- ter is liable: if they are fellow-servants then the rules applying to fellow service apply to him and he escapes. It may be added that in the larger number of cases and States they are held to be agents and not fellow-servants d the master is held liable for what th The case of Dav Central Vermont Raiiroad Company is one of more than or- dinary interest. reman was killed by the washing ou a culvert. It was in an improper condition and this resulted from the negligence of the bridge builder and admaster. The company contended that the bridge builder gence conld n ow 1at their negli 1. In answering this de- puted to the ro: ;;-r e the court asserted that if the master sonally attempted to do that part o Work which he could not delesate to ane other and was negligent in doing it and njured its employes tha company was liable therefor. “The question is naturally suggested why ould he not also be liable for the negligence of the agent or servan- whom he has appointed to dischafge the ame duty in his stead although he has exercised due care to seject a person com- petent and skillful. Is such an agent or servant while performing the duty cast by the relation upon the master a fellow workman with the master's servant in the employment in such a sense that the latter cannot and ought not to recover of the master for the injuries sustained through the negligence of tho former? If so the master who performs his part of the duty as .all corporations must, by agents and servants, secures an Immunity from liability which the master who per- sonally enters the service to manage and direct the performance of the work does not enjoy.” The court held that the com- pany «could not thus shield itself behind others. The bridge builder and roadmaster were the agents of the eompany and not fellow servants with the fireman, and con- equently their conduct was that of the mpany and it was responsible there for. The opinion is one of the best judictal utterances on this subject that we hav~ seen and has been often cited in later cases. University of Pennsy! HOME STUDY CIRCLE QUERIES. 41. What noted American said, liberty is not, 48. Who rania. E “An honest man is the noblest work of God"? 49. What Emperor said *“Oh, that all Rome had but one ad, that I might strike it off at a blow" 50. What Emperor “Circumstances’ I make circumstances” 5. What admiral's battle signal was ;En land expects every man to do his uty 52. What English general sald to soldiers, “Put your trust in God, but your powder dry”? 5 ho said “Put his keap not your trust in | money, but your money in trust”? 54 What author sald: As yet a child, nor yet a fool to fams, 1 lisp'd in numbers, for the numbers came? Who said “We will fight it out on > if it takes ail summer” Who said “Beware of a man of one book™ ? What President of the United States said, “All that I am or ever hope to be, I owe to my mother”? 58. What great preacher said “The world is my parish”? Answers. 32. The Queen of Greece. 33 Voltaire. 34. Cato. 3. Rebecca Gratz. 36. Venica. Charles V. . Alexander the Great. 39. Augustus Caesar. 40. Beatrice Cenci. 41. Louis XV. 42. Dauphin, Louis XVIIL 43. Murat. 44. Charlotte Corday. 4. Bee- thoven. 46. Florence Nightingale. v Native Daughters. La Estrella Parxr received an official visit last night from Grand President Mrs. Ema Gétt. There was a large at- tendance and after the exemplification of the- work and the disposition of those matters that usually attend such visits there was a collation and a pleasant hour was spent in the banquet hall. Fremont Parlor had a ladies’ jinks in its hall last Wednesday night, which was exclusively for members of the parlor. A new parlor, organized by Mrs. S. Osterman of Sans Soucl Parlor of this vl;‘yi will be instituted at Crockett on the th inst. The following named were visitors at the office of t! a‘fi'rnnd secretary during the past week: Mrs. Thornagle of Alta Parlor; Miss Pegullian, Mrs. Bolge and Mrs. McCormack of Las Vespero Parlor: Mrs. Mary Tillman, Mi eodore Lunstedt, Mrs. H. M. Greene, Miss Me- Cormick, Mrs, Tillie Frick, Mrs. Douglass and Mrs. Belle W. Conrad of this city, and Mrs. Emma Lillis of Lodi. Orinda Parlor has arranged to e the members of El Dorado Parlor ot the Na- tive Sons a reception on the night of tha 19th inst. in recognition of the many courtesies extended Juring the Admission day celebration. Fremont Parlor will give a masquerade ball on the night of the 224 | and the following -named committee is working hard to make the affair a success: Mesdames W. H. d R. D. Barton and Misses M. M. Hawking and A. Cawley. The members of Buena Vista Parlor are greatly iInterested In the production of “The Little Rebel,” a one-act farce, that is to be presented in Native Sona’ Hall on the night of the l4th inst. In aid of the sick and relief fund of the parlor. The young ladies who are to take part in this farce have been rehearsing until they have their parts perfect hoy expect to equ: not surpass anything in the amateur line. In addition thera will be presented on that night a vaude- ville programme and dancing. b3 Thursday n as Lomas_Parlor on last night had a Halloween party in Missto Parlor Hall and, as usual at functions given by this parlor, there was a largs attendance of young and old, who en- joyed themselves to ihe fullest. The hail was decorated in accordance with old- time custom and a number of the games of the season were Introduced and thess ed source of great merriment. ;)r:l;.‘!ng-closedethe evening’s entertain- ment. —————— Order of Chosen Friends. Five candidates were initiated in Beni- cia Council on the occaslon of its I held mo;g:.n:. o 3 Last ursday night Past Supreme Councilor C. M. Arnold was present Social Councll, and acting as - initiated into the council his son, M. Ar- nold, who that day attained his eigh- teenth birthday. He Is the est ficiary member in the %u'll"h: ed by a full de- Stella. initlating officer was assi o