The San Francisco Call. Newspaper, January 2, 1901, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, JANUARY 2, 1901. C LORIN WIDOW TRIES TO COMMIT ARSON Mrs. Jennie Hersey Is Supposed to Have Become Insane Over the Loss of Her Money. Mrs. Hersey’s rooms. although a package LEY of-unused envelopes with Gaschlin’s name the Jan. 1.—Mrs. Jennie Her- last year and 4 half has in Oakland this afternoon to be as to her sanity. She became Hersey has relafives in the East morning and made several at- | and in S8an Francis but she has been t Williamson block, in| Practically- alore nce her husl?undfl which K 5 e she set fire relatives have visited w » W, A . o t= wupposed to be r W morning. m . \ examined to- stories of Mrs, Her-| Fred D Ga was seen at his resj- ro e woman | dence. 4 Howard street, last evening, on by brooding denied that he had ever monéy from Mrs. Jennie t he had wheedled any out assist in promoting a patent. that he has a patent mall t =avs he is associated with Jacob venture, Gaschlin says that has not been accepted by States Government and valueless on that account, He money uted amounting to dred dollars was furnished Gaschlin {s & mem- b she sald she had leath of her hus- | ey received ned a store ( Moran, who t she had put the some $1200. in a San t she sald that her money for her ich were to bring her box nat few hun imself and Maas. . he Musiclans” Unlon and a player \! E. Williamson of Al ocal bands. y A8 t she very ofte carnot understand,” said Gaschlin, to the telephone to Mrs. Hersey should accuse me of her out of thousands of dollars. 714 Howard it - T have befriended her ever since the . th of her husband; Edward Hersey. in R yrin about two vedrs ago. Mrs, Her- t night and t} sey received $2000 death benefit from the night and t W. and set about paving the ts con cted during Hersey's illne: With the balance she opened a bake) store, but business with her was poor. was then that I took pity on her and ad vanced her money to pay the rent *1 visited her at intervals and she ap- peared to be in mortal fear of burglars. Ehe told me that she was being persecuted by holding opposite religious be- She would not tell me 1t rning she re e signed q the Page at the written on T who the people 1 endeavored to qulet her fears. I néver noticed that she was mentally unbalanced and her present ravings will surely only be tempo- rary. Hor husband was a cousin of 1. C. Coggin, leader of the park band.” Gaschlin then eald that Mrs. Hersey's accusations were evidently the result of what he termed a “put up job,” and that that he was innocent of any wrong dofng. He her | mentioned the name of a Mrs. MeNulty E = ng the latter Mrs. who had been friendly with Mrs. Hers: 3 . and neighbors had as being the probable cause of the trouble t ing the buflding ' Gaschlin had often corresponded with g sicidal mania. Mrs, Hersey and her letters were couched in the tenderest terms. Gaschlin_denicd that he intended to marry Mrs. Hersey, saving that she was too old for him. He expressed sorrow at his connection with the case being made public. as it would Mrs ¥ were to k she burned a lot ¢ = hey were from her ‘fel ome known to his people, who were w unaware that he was friendly with M N from Gaschlin were found in | Hersey TURNS O GAS - IND MEETS DEATH IN THE "TANKS Jacob Leith Arrested Be- cause of His Suspicious | Demented Commits Actions, I Suicide. L. Tatum 2% Pacific av- ted sucide early yesterday ing urning on the gas in her hroom. The act was committed in a fit of insanity with which the lady had been afflicted during the last two years. 8he was the wife of Henry L. Tatum, of the S i tenderloin it has been art that it er ment mont reet Tatum was & devout member of piscopalian Church, and being of & highly sensitive temperament, her mind brooded upduiy on religious topics until a religlous mania developed itself about two rs_ago. This mania was inter- mittent, and when afflicted with such spells zhe was closely guarded and kept California Policeman ¥ in‘a suspi- - d 3 > under the medical of Dr. Barger, her ary i Kearny G 3 e e and mey family physician. On :New Year's e he man, and not | ¢he ‘appeared to be in her usual good rv explanation beaith and spirits and extended to her se s, he ed 1o place him husband and her son, Frederick, the com- The min resisted fiercely, Timents of the season. a desperate struggle was ov About 4:3) o'clack yesterday morning S When taken to Der husband awoke with an uneasy feel- 2 - ing and went to her room to see if she Pr 1 placed on the detinue were asleep, she having been frequently e gave acob Le subject t6 spells of insomnia of late. He v s known &s saw that she was not there and in pass- x . ing through another room he detected the son_a black delft were h-are sup- cent cdor of illuminating gas proceeding from the bathroom, where he found her dead body lying.on the floor. The key of the gas fixture was open. The unfortunate woman was a native of New Jersey, 44 years old. ioned a putty burgiars to was _found made every effort to ife and seemed ed it out of his HOTEL ARRIVALS. PALACE HOTEL. G M Murphy., Cal IS Sigmira, Japan uspicion that Leith Mrs Murphy, Cal K Yamagty, Japan into the residence J Curray, Cal B Caypiess, “Honolulu 2 Franklin st Mre J Curray, Cal J 8 Spear, Cal weeks ago. and was dis- 1 W Pew, Belvedere |Mis J Cal au's nlece, Mrs J W Pew, Cal J L Myers, N Y - Dr B R Ward, U 8 N|H W Scoti, Oregon E Fish, Oregon n the prison, . g either of .them. J J Medrott, Oakland Miss Ecott, Oregon Halford, N Zealand O W Sturdevant, N Y v not identify i robsbly be asked to have a look | G p Morgan, Cal |A L George, Los Ang & E L Colnon, Cal |L Pelton, Chgo H T Bayly, Alameda |C Kaufman, Sacto GRISMER RETURNS HERE D Daly, Cal M Kaufman, Parls A Robinson, Benicla |F Harvey, Kan City AS THEATRICAL MANAGER 5 T Smyth, Cal |B § Harvey, Kan City W F Barton, Cal Mrs Barnard, Kan City C W H Duncan, Ala | Dr 3 W Hudson, Ala ! J D Bmith, Healdsburg 8 § Raymond, Cal W H Pasco, Cal W H H Hart, Cal | € W Pitzgerald, Cal Dr B F Sandow, Kans A Lyehon, |3 R E de B Lopez, Cal |G B Hoyt, Oblo |Mrs G B Hoyt, Ohto R F Gardner, U S A W Y Smith, -8 Rafael ‘F ‘Wright, London “Way Down East,” a New England Drama, to Be Produced Under His Direction. Joseph Grismer, whose name used to be & household word to local theater-goers, has got back to San Francisco. It is four g & ' Adeline | @nd address an them weré discovered in a | € & notion store on Adeline (3,0, grawer. The -address, the neigh- . was taken to the Recelving ; 3 e, ens aerition [Mrs. Henry L. Tatum While| PLAN RESORT TOAILIBUSTERING CONSTITUTION'S ~ |RIGHTS OF COSTA & LIMITATIONS RICA IN CANAL £ STUDY CIRCLE FOR CALL READERS ! Pettigrew, Allen and Butler | Harrison Says They Extend | Minister Calvo Piessed With Law Lessons for Employers and Em- Combine Against Ship Subsidy Bill. to All Lands a Part of the Public Domain, the Resulis of the Ne- .gotiations. et Consideration of the Army Bill, Too, | Contrary Belief ‘Must Assume That Discussing the Matter Recalls the ‘Will Seriously Interfere With the Passage of the For- mer Measure. Special Dispatch to The Call CALL BUREAU, 106 G STREET, N. W., WASHINGTON, Jan. 1.—Congres will reconvene on Thursda ty-one legislative days of session remain- ing in which to put through many import- ant measures awaiting action. In the Senate the ship subsidy bill will still have the right of way, and Senators Fryé and Hapna will do their utmost to have It kept to the front and pushed to a vote. There is danger ahead of them, however, for Senators Pettigrew, Allen and Butler have formed a combination to filibuster against it, and they will have more or less® support from other Senators who while not being willing to join in a delib- erate filibuster, will consume time in op- position to the biil. Another obstacle In the way of ths subsidy bill is the army reorganization bill. There is no disposition on the part of Senator Hawley and the other Repub- lican members of the Military Committee to antagonize the shipping bill, and they will endeavor to have the army bill di osed of during the morning hour. As Benator Jones of Arhkansas and others have declared their intention to oppose ermanent increase in the regular army, Jowever, it may be impossible to get this bill through without displacing the ship }\ing bill and the necezsity of army legis- ation is so urgent that this may have to be _done. The Senate Finance Committee will take up the war tax reduction bill this week and will_probably report it without much delay. The brewers aie still continuing their fight for further reduction of the tax on beer and the bankers are making a systematic campaign for the repeal of the tax on bank capitalization. No decision has yet been reached ly the Republican members of the Finance Committee on either of these subjecta. The Nicaraguan canal bill will not be pushed in the Senate immediately after reassembling. and It may go over until next session without action. Senator Per- kins of California. one of the strong ad- vocates of the bill, sald to-day that it 1d be held back until the end of Janu- out of courtesy to Great Britain, In order to give a reasonable time for the ac- ceptance by that Government of the amendments to the Hay-Pauncefots treaty, but that he helieved the bill would be taken up and passed early in February irdless whether Great' Britain accept- ed the amended treaty or not In the House one of the first measures of importance to be taken up will be the reapportionment bill, on which a lively fight the Hopkins bill which maintains the | membership of the House at the present | numbers, but increases the representation ! { firm of Tatum & Bowen, 34 and 3 Fre-| l | | | of some States while reducing others, and | those favoring the Burleigh bill, which proposes to Increase the membership enough to prevent a reduction in the rep- resentation of any State. The river and barbor appropriation bill will be reported before the end of the week, and this and other regular annual ropriation bills will thout much delay. The Committee on Interstate and For- cign Commerce will try to have three daye set aside for the consideration of bills reported from that committee, when for the reorganization of the rey- enue cutter service and the Pacific cable bill, with some measures of minor {mport- ance, will be taken up. e e e e e e e e ] PIDNEER PASSES SUDDENLY KWAY Captain Andrew Nelson, Who Built the First River Steamer, Is Dead. Captain Andrew Nelson, president of the Caltfornia Transportation Company and a ploneer of the State, died at his residence, 720 O'Farrell street, yesterday afternoon after a brief illness. Captain Nelson, who was T4 years of age, had for some time suffered from internal troubles, | but nome of his friends or relatives guessed death was so near and the news of his untimely taking off will cause a shock of pain to many who had known and loved him. When Captain Neison came to California in 1849, he intended only to make & honey moon trip, for he had married in an Eastern State. He realized, however, what splendid possibilities lay in freight transportation on the Sacramento River and devoted all his energies to bringing about -the establishment of a steamer line. When the steamer Reform was Mre H W Scott, Oregn | Jaunched her paddles were the first to beat the waters of the Bacramento and to Captain Nelson must ever belong the honor of being. the pioneer navigator of that waterway. The success of the Re- form caused Captain Nelson to form a company and build more boats for freight service and shortly a fleet was plying under his management. Active in busi- tomed haunts. son insisted on seeking his o ce every morning, for he took great pleasure in s B F Sandow, Kan Seeing the business he had inaugurated grow day by day. The deceased leaves a wife and a niece, Mrs. North, besides other relatives. He A B Mitchell, Cal {Mrs F WHght, London | w. ears since he was here, and this time he | & 5 Yiey B Alto |C B Spearing U o 4 | Vas & native of Olend, Sweden. mes not as an actor but as co-proprietor | J ¥ Campbell, Oakind € O Friede, N-¥ | th Brady of Lottie Blair Parker's New | & JROcnn; Alamiog LRAAFMm;ho‘li N‘YI WELSH RESIDENTS HOLD “Way 1 5 H Powning, Cal mith, onolulu England drama, “Way Down Bast.” |, ;'sexlister, Cal [Mrs & Flint, § Jusn LITERARY COMPETITION which at the Academy of Music l‘nhl\«x\ C M Hatcher, § Jose |Herr Zoepfel & w, ——rs > . York was the particular suecess of Goth- |'G L Clayton. Cal | “Beriin Children Present Essays Which Dis- b e o il 3 B McGuire, Cal |0 Stevy s am's iast theatrical season. ¥ Kahn, Oakiand . |G Gladings, Cal play a Remarkable Knowledge The show has made 2 record a8 & Araw- | G 'H Walford, Valiejo |W H Decker, N Y of the Cymric Language. ction and the happy smile which 'J E Lowney, Valiefo |C C Gordon, Butte : ge. Srismer’s face whep he speaks lef \\‘alk‘:w I, NY ;t'.; % Huael,] Cal The annual literary and musical compe- s the atiraction has done Levy, Ky IB Ray, tition of the Welsh resid a3 % v across ihe continent, demon- | H McGin X Mex |G P Bearafley Jr, N ¥ ciaco and Oakiand was n:;.;uzs;-‘;:-rfl. strates that it has been equally fortunate | L Phippe. Los Ang |J C Spencer, Wyoming . in the hands of the popular ex-actor. H O Jennings, Conn | Mrs J C Spencer, Wyo | térnoon and evening in Pythian Hall, 925 M Way Down Bast” opens Monday night | E L Frisbee Jr, Conn |A C Steel, N Y Market street. Rev. J. 8. Thomas pre- el N e e ot O gt | E A Fraser, Hawail " |§ Rosensiein.’ Chgo sided and a keen Interest was taken by wit X Fork Chux and Jeti hS SO e B ser, Ha-|J R Grismer, N the audlence in the various exercises. scenery. The play.is of the type rendersd. | - wail |7 E Levi, N'Y ° Eoth young and old took in the com- amiliar by “Bhore Acres,” but the theme |.J Mijake, Japan ! | petition, which includi recitations ipon which the varfous exciting situa- | GRAND HOTEL. essays, si 5 ing and composition tions and 'hfim’;(h cl'maxes are built i¥ | ; p piadie, Hanford . |E M Hills, 8 L Obispo | The ndjudfut s were the ;,v‘::-;fldlflfl;‘n: e e e I siw A Bmith & w. Denvr|Miss L Waldo, Stantd | K . Thomas, J. en Isiydd Tt and the Piot 15 developed hy such | 5 waymiess iehall, Bacualy | BoEOE the Ry W A characters as are usually to be found In such @ region. The comedy counterplot | F H Hugglns, Tlinots rieh in humor of the variety that is| A P Adams. Fresno A N Green. Porterville clean, and there is plenty of it. Ewven | J J Rupp, Los |H W_Koppelberger & ome of the more characters ars | G A Clark & w, Cal w, Minneapolls relieved by & touch of guaint conceit. | TR Wehb & w, Fresno B W Zenna & w, Kans The first act shows the exterior of the | C D Daly, Bureka € Tucker & w, Tacom farmhouse, while in the second the old.. W ¥ Barry, Selinas | Herman & w, Tashioned kitchen is shown. In the thira | ¥ Blsgs Jr. Oroville |Dr Kelsey. Sta Paula sct the same setting is used. It is in this R e CallD A ey, act that the sehlistic snowstorm, 5 . Chamy - g e R which makes the audience feel for its| D"‘"““h Toouts Mrs -] M Sims - . J Whitelaw, ‘Mrs ims, Ind overshoes, i shown. This, while not :80 | 7 .Thompson, Pleasntn H Isaacs A sensational as many modern mechanical | 3 w Moore, |H P Walt “fecis. oost more money, tme and|w's Arthur, B thought than most of them. = | D Kripatrick, Of the actors, the leading man, Francis | R M Clarke Byrne, i= not unknown here, - haying | O J Harrls played with Frawley for & season. Beryl | H A Bennett, $10pe. who playe Annie . the princi-1 A Oppenhelmer. ‘Portld pal woman . is & Los Angeles girl. | ' E fiobert Fisher, & character gctor | 8 Ofner & w, who was with Herne, is cast for Squire ‘g B jartiett, said to be one. of the strongos: B Ladd, e P Hvacs it thok aficr the vil-| _Asstgmed to Prison Duty. son.” Farl Ryder er the vil- g to 3 T e T Peris | Chiet of Police Sullivan yesterday issued are in the hands -of a score ctors. Altogether, “Way Down #houid draw large crowds to the Columbia :'"; an order assigning Willilam Youns, Mike Walsh and P. H.mln';lphyd three of the e 2 pleasant Francisco next week and incidentally afford G or | best known men to New Year's reunion with gulamyml: the City Prison. will' re- Bia to-day. i i orris, TR, Edwards, Jol Willlams, R. Davies and Tallesin Evans. The children who competed showed a complete artistic knowledge of the Welsh anguage, many of the essays submitted heing artistic and meritorious. At the close of the work of the adjudicators, the winners in th:"v‘sflnul classes were pre- sented with some volumes as re- wards for the work accomplished. At the close of the evening meeting, the t t] winners of the varfous comy announced as follows: H. uel Lewis, David H — e Mes, NSO ane ams, 3 lams, ' Johi Hughes, D. Jories. F. Phillips, Ral 5 lame, Gertrude Bdvwards, Bdith BRillips, Florence Phillips, J. Willlams and Oakland Q! tions were ¥ uz'd Sam- , finvlu, n orence Davies, Miss e e A great two-step by Eduard Strauss, the waltz king, will be given free with next Sun- day’s Call. This is a gem—do not fail to get it. L e e e i= expected between those favoring | be put through | | shoulder, just missing the jugular vein. Government Is by That Abso- lutism Which Led to Revolution. INDIANAPOLIS, Jan. 1.—At the Colum- hia Club banquet last night General Har- | Rican Minister, Senor Calvo, sald to-day | rison was the last speaker of the even- ing. He responded to the sentiment “Hail Columbia.” He had furnished in advance copies of his speech, but in- cluded the following paragraphs which were not in the advance eopy: “It has been recently fathers organized a misshapen nation, if these limitations and reservations apply ' to all lands that become a part of our public domain and tv all peoples whose allegiance we accept. Now, whatever the professors of esthetics may tell us about beauty in the abstiact, we know that in nature .and mechanies and in formative statecraft shape has chiefly tg do with intended use. ‘That which per- fectly accomplishes the designed use is not misshapen. Orators are misshapen eagles, as all of us have found when we tried to soar. And before we condemn our constitution as misshapen If it car- ries its general limitations and Its res- ervations of personal rights to all lands over which its sway extends and to all people who owe alleglance to the Govern- ment it organizes we must assume that the men of 1776 and of 1787 contemplated the governing of lands and peoples with that absolutism against which with so much cost and care they had defended themselves. That is to beg the question But it is not my purpose to press upon you my views upon this great constitu- | of you ' tional question. Though many may h:“d another view I do not doubt that the republican liberty to differ upon a constitutional question survives in the Columbla Club.” e e e e ek ) DICE GAME ENDS IN A SHOOTIG. Richmond H. Harris Seri- ously Wounds George Tay- lor in a Saloon. e George Taylor, a teamster in the em- ploy of Percy L. Badt, was shot and se- riously wounded by Richmond H. Harris, an ex-soldier, shortly after midnight last night in a saloon at the corner of Post and Larkin streets. The men, who appeared to be friends, were shaking dice on the counter when a dispute arose. Harris suddenly drew a pistol from his pocket and placing. it ose to Taylor's head fired. The bullet entered Taylor's neck and lodged in the Taylor's face ‘was badly powder-burned. Harris after firing the shot ran from the salobn. The police were notified, but | up to a late hour had not succeeded In ar- resting him. Taylor was taken to the Receiving Hos- pital. The physicians say that the wound, while serious, is not fatal. - Harris was found early this morning and was booked on a charge of assault to commit murder. He resides at 913 Post street. —_————————— REAL ESTATE TRANSACTIONS. Laura J. Ring to Ella M. Ring. undivided one-twentieth interest In lot on NW corner of Webster and Greenwich streets, N 120 by W Eift. under Brewing Company (a corporation) to Wunder Brewing Company of San Francisco. lot on, NW_corner -of Scott and Greenwich streets, N 215, W 1128, § 14, W 24:8, S 11, E_197:4; $10, Estate Lorenzo (or Lorenza Dresco) by Hes vey R. French, administrator) to Mary Ticl ner, undivided one-half interest in lot.on N line of Lyon street and Golden Gate avenue, | E 46:10 by N 100; $5500. Lyaia -H. Dresco to Mary Tichper (wife of Benjamb), undivided one-half interest In same; ) Lina_Heyman (wife of Jacob) to Clara Hey- man, lot on W line of Lyon street, 125 § of Pine, § 25 by W 1007 gift. Myer Lewis to Alexander A. Aaronson, lot on 8W corner of Jackson and Laurel streets, W 1876, 8 121:8%, B 2, 8 127:8%, E 112:6, N 26:4%; $10. 5 $10. B. P. and Katherine F. Oifver to Hibernia Savinge and Loan Society, rerecord 1577 D 3. lot on S line of Thirteenth street, s W of Mission, W 25 by S 95; also lot on N line of i Fourteenth street, 106 £ of Valencia, E 75 by N 70; also lot on W line of Mission street, 223 N of Fourteenth, N 74, W 100, S 24, E 10, § 50, E_%0; also lot on E iine of 'Stevenson street, 237:6 N_of Fourteenth, N §2:6 by E 65; also jot on E line of Valencia street, 300 S of Four- teenth, § 100 b, 100; also lot on Mission street, 237 S of Thirteenth, 8 26 by W 100; commencing 10:3% feet from SE corn Clinton Park and Stevenson streets, F 54:6%, W | 5, N 25, W 20, § 15, W 28:1%, S 3; also com- mencing % W of Jessie street and % S of Thir- teenth, W 8 inches by 8 60; $5. Mary E. Goss to Sarah F. Goss, lot on S lne of Twenty-firet street, 275 E of Guerrero, E 25 by S 114: gift. Francois and Allce S. Peguilhan to Chin Kim You, Chin Bock Guy, Chin Chor and Chin Lim, lot on N line of Washington street, 111:19 Mary E. Pleasant (by 8. C. A. Smith, trustees) to Thomas G. D 260, lot on 8 line of Sutter street, of Taylor, W 4540 by § 137 $21,000. Thomas G. Parker to California Safe Deposit and Trust Company, lot on S line of Sutter street, 206;2 W of Taylor, W 45:10 by S 137:6; $10. Charles R. Bishop to Henry W. Morris and Joseph Hyman, lot on 8W corner of Eddy and Taylor streets, W 137:6 by § 137:0; $187,500. Edmund K.. James H. and Charles H. Rog- Rogers, ers (minors) (by J. N. guardian) to Janey K. Rogers and Julie I. Haste, undivided | 1-5 of undivided 1-3 of lot on 8§ line of Bush .;’Im"n%:‘ E of Leavenworth, E 6:9 by 8 1 3 James W. and Lizzie B. Kerr to Monroe Greenwood Estate Company, 1ot on SE corner of Minna street, 225 NE of Second, NE 50 b, RE $0; also lot on SE corner of Minna street, 276 NE of Second, NE 40 by SE 80; $10. - Emanuel Chyrch of Evangelical Association of San Francisco to Francie X. Mettmann, lot on NW corner of Jessle street, 30 SW of Sixth, BW 2 by NW 75; $3600. 597 Diedrich Dangers to Jacob Hoeges, lot on E line of Harrison street, 200 § of Maripsoa, S 60 _by E 124:3; $5. L. A. Frank and Mary J. Pellet to Solomon Getz, lot on SW corner of B street and Twen-. ty-sixth avenue, W 60, 8 184:6, SE 60:0%, N to beginning; $10. Stephen and Mary B FPotter to James H. Deering, 1ot on E line of Twentieth avenue, 22 N of D street, N 125 by E 120: §10. - . C. del Curo to Louis Holz, lot on W line 6 Ninth avenue, 76 N of K street, N 25 by W 100; $2750. ; ‘Annie F. and Elwsed E. Bryant to Willlam Corb!s _"lgt 49, block 130, Sunnyside Addition No. 1; 810, £ 3ulll Graham to Frank L. Backe, lot on N line of Sherman strest, 25 E of Arch, W 25 by N 100, lot 8, block 38, City Land Assoctation; Patrick and Julia Mullaney and Julia Ed- wards to Edward and Julla A. Ross, lot on W line of Chapulte) street, 10 S of Virginia avenue, 8§ 26 by 70; $10. Louls Felling to Philip H. Maas, lot on SW corner of Duncan and Twin Peaks ave- nue, § 110 by W 53:1%; $10. - " Bor, James B. Hill, B. H. Barber, John Olsen, Annie and John Doe John Cov- Kelso. Company (corporation) (by H. e, commissioner) to Callfornia Title Tnsur- Snd Trust Company, lots 11, 13, Block 11, Sunnyside: 225, i s Builder’s Contract. ‘Sommer & Kaufmann (owners) with Petter- son & Persson (contractors), architects William P ey e e it T T30 536 ana £ Market, upon completion sud acceptance, full amount of contract; $2658, ———— Mrs. Nation Not Commended. ‘WICHITA, Kans., Jan 1.—At the regu- lar meeting of the Evangelical Ministers of Wichita held to-day, a resolution com- mending the action of Mrs. Carrie Nation, in smashing saloon furniture, was feated by an overwhelming majqrity. said that our | 708 | w Work Done in the Past Indi- cating Recognition of the Country. gt s ik s £ WASHINGTON, Jan. 1.—The Costa | in a general talk on Nicaraguan canal af- Ufairs that one of the most satisfactory features of the extended ations, so far as Costa Rica was concerned, was the | universal atceptance -of that country's ubstantial »ights and’ interests in the sthmian waterway. There never has been any doubt of these rights on the part of Costa Rica, but for many years they were brought into controversy, it being claimed that Costa Rica hado sovereignty over any portion of the route and that at most her interest could be satisied by com- pensation. This brought ubout the use of the name “Nicaragu Janal,”. which seems to leave out of unt the rights which Costa Rica has in the waterway. The Minister ‘points out that the period of controversy now has been satisfactor- ily closed and that there appears to be no disposition in any quarter to_guestion Costa Rica's rights in_the canal route. In this connection, Mr. Calvo recalled the long efforts toward bullding the canal, dating ba ck to 1868, in all of which Costa Rica had been strongly favorable to the project and Invariably had been recog- nized as a mecessary party to the unders taking. After the treaty of limits was signed, fixing the boundary between Nica- ragua and Costa Rica, a gifted French- | man named Fellx Bailly made his appear. ! ance ‘in" Central America and negotiated | for a canal concession. It was not known at the time, but it has since become well established, that M. Bailly was executing a part of the pians of Napoleon TII to gain a foothold n Mexico and Central Amerfca and to | control the great commercial waterway across the isthmus. A concession was granted, three parties signing it jointly, M. Bailly and the govern- ments of Nicaragua and Costa Rica. This Cl:lrl% indicated the recognized in- terests of Costa Rica In the canal. No was done on the concession, how- ever, ‘and it lapsed. Later another Frenchman, M. Chevalier, negotiated a also belleved ! 1o be in the interests of the French plans concerning Mexico and .Central America This concession also lapsed for want of | work being done. When the concession was granted to the Maritime Canal Company, Nicaragua | second French concession, was the first to grant the concession. Later the interests of Costa Rica in | the waterway were recognized by the canal authorities and a second concession was granted by Costa Rica. There have been several arbitrations on the boundary. question—first, by President Cleveland as to the treaty of limits, and, more recently, by an American enginger, designed by this Government to actually lay out the boundary lines. The line fin- slly was agreed to and run last July, and as now marked on the official surveys it leaves no further room for doubt of Costa Rica's territorial and sovereign rights in connection with the waterway. Since then all of the negotiations have recognized the interests of both governments along | the canal route. ——ee———— Nebraska Legislature Meets. LINCOLN, Neb., Jan. 1.—The Nebraska Legislature convened at noon to-day for its twenty-seventh session. William G. Sears of Burt County, the Republican rominee, was made Speaker of the House by unanimous consent. Senator C. Steele was made president pro tem. of the Senate. To-morrow the Legislature will canvass the vote of the November elec- tion. B S e e ] NEW YEAR LEVEE OF MachRTHUR Americans and Filipinos Meet Together in So- cial Function. | | MANTLA, Jan. 1.—If Fresident McKin- ley's New Year's reception proves greater than that of General MacArthur it will | not be the fault of the people of Ma- ! nila. This reception was the first official social function at which thé Americans and Filipinos have mingled In a social way. For three hours a stream of vehi- cles wound_through the grounds of the Governor General's residence and dis- | charged their callers—official and civillan | —most of them natives, though there was sprinkling of foreigners. The American flag, branches of nipa flowers and vines predominated in the decorations through- out the mansion. Admi; Remey received the callers by the side of General MacArthur and the wives of several generals assisted. The introductions were made by General MacArthur's staff, assisted by members of the staff of Admiral Remey. The call- ers, after having been introduced, passed | out upon a broad balcony overhanging the Pagig River, and a majority of them lingered about the mansion until the cere- monies were finished. ‘Archbishop_Chappelle, the apostolic del- egate to the Philippines, and other church dignitaries were received first. The mem- bers of the Philippine Commission and the Judges appeared {n black frock coats, and their attire formed a decided contrast to the white and gold uniforms of the officers of the army and navy. The Fili- tumes and conversed affably in Spanish. The use of carriage numbers was not understood by the coachmen and much | confusion occprred outside. | OFFICERS INSTALLED BY ROYAL ARCH MASONS About two hundred compantons of Call- | fornia Chapter Royal Arch Masons met | last night in Chapter Hall in the Masonic Temple to witness the installation of the recently elected and appointed officers. There were also present a number of vis- iting companions. The ceremony of in- stallation, imposing and lm%re sive In}t high degree, was by aehr, P. e iited by Hugh J. Owen, B H. P. | The music of the evening was by the Cal- ifornia. Cn.g:er Choir, Companions D. M. e, Samuel D. Mayer, G. O.; J. C. lfixzfificua I R Jories. The officers who BT riest; Jonn Benneit, H. King: " Knight White, E. scribe; Franklin If. ga.‘r, !’ G. H. P., secretary; William J. Smith, treasurer; M. Joseph Bavage, ulg- tain of the host; Henry Ascroft, P. H. P.. B en captain; Raymond H. Wilcox, ca H 8 3 Bl "‘El L W, Brooks, master second veil; (}-oue“.l o Bauer, George W. Perkins, ‘At the close of the installation Com- p-nhn' ;luth J. Owen on behalf of the ted to the retiring most h priest, Harry Baehr, a gold and siiver set of table the most costly ever IflldI'l in th to be is clty for ntation. Day, the Sedretary, presented a_siiver and ebony loving the ‘Pfl cipal sojourner, Har- Ty ."P. H. P., who in turn pre. for the secretary's desk, after which the recognition of the secretary, In_ further STV 08 L carfacata' of metnber- % presentations were followed by an dmlxuh:mun. 'Em of t{:“e c;!na for ehdal “The new high briest. Hobert e supper’ th e Tesponses 1o Q::g b{n;rry r, Companion Chesley of | Saihe’ e Hatip ¥ b | John Tonningsen. ind vocal music by the cholr, D. M. Lawrence . C. Hughes. F.| | pino women wore elaborate native cos- ployes—The Rule When Both Parties Are Negligent. Copyright, 1900, by Seymour Eaton. BY ALBERT S. BOLLES, LL. D. had left his position. Such care and at- tention on his part would have prevented XIL [vhe accident. The place of peril which When both employer and employe are | Gunster had taken in oiling the machin- negligent, what does the law say to| ery did not excuse the defendant, but im- them? This is a very difficuit question to | g:‘-ed on him greater diligence and @& | higher duty to see that the way was clear answer, and the courts have greatly dif- for starting t h fered in their utterances. One of the most | arting the machinery. “The plain- tiff's exposure of his person was not a general 1 is that when it appears that | cause, but a e which rendered the the negligence of the parties injurv possible and mctual, as the result 3 produce the injury no action will le; he absence of the caution which was | Imposed on the defendant in conse- the law refuses to apportion the fault and I calnee™ regards the negligence of either Party | " Tn attempting to unite the tw as equally contributory or effective In | the l'nn«f s:a‘:e: u.gu;rer:e cuv;fl : causing the injury. The rule has been | donme, another rule has been made that stated by Mr. Justice Swayne, speaking i?"',‘;‘ (II‘WRfl‘! be elasu Ap;:lled.| T]ho for the United States Supreme Court, in | 2OTU aroiina rule quite simple. hese words: It has been a rule of law | THOUEh the person Injured was negligent. "“;n Rtg }lr;mpm -aI and is'not likely to yet he can recover if his injury would not "ave happened had the other party exer- be changed in ail time to come, that there | cised reasonable care and prudence. By can be no recovery for an infury caused | the Federal rule, if the cause of an em- by the mutual fault of both parties. pioye's injury was the lack of his imme- WEere it can be shown that it would not | diate care, he can recover nothing. even bave happened except for the culpable though his employer was the primary regligence of the party injured concur- cause of the injury. In some cases he cal ad 'S 9 v 14 ring with that of the other party no action | S31 Nevertheless recover. In what cases can be maintained.” i In those where the emplover was negli- | A Virginia Case. ent, but where no infury would have appened had the employer ax: rea- | In Dun's case in Virginia the court re- | onable care and prudence. + marked that the principle that a person | who by his own default has brought on The Rule in Vermont and Indiana. rimself a loss or an Injury ecannot claim In Vermont a still simpler rule has been compensation of another, is a principie set up. An empioye in order to recover of universal application. This statement, for Bnrln_'urs' must show that it did not i oceur from any want of ordinary care on | though, may be qualified. If the second . party, on the discovery of the danger into « his part. either in whole or in part. In other words, if ordinary care on his part | which the other has brought himself, ¢an | woulq have enabled him to escape the { avold or escape the consequences by the | Touid have enabied M o o meehgencs exercise of proper care on his part, then | he has no ground of complaint. “He may he may be held llable for not using his i wits and preventing the injury. | Who Has Been Negligent Is a Ques- { tion of Fact. | Whether the second party has been neg- | ligent in a particular case is a question of {law and fact. It is a double question. The fact is whether a particular act has | heen done or omitted; this is purely a question of fact. The second question is, whether the doing or omission of this act was a legal duty, this is a pure guestion of law. Some applications of this rule will now be given: There was a collision | between a stage and horse car once on a time In New York City. Both were go- ing in the same direction. The stage, whose owner sued, was violently pushed against another. The one who sued won his case before the jury, and the horse. car company appealed. 'It claimed tha the stage driver was negligent. The Judge | charged the jury that in order to recover the stage driver must have been free from any fault that contributed to the collision, | and the car conductor or driver or both | through a tunnel a brakeman was found must have been negligent. The Court of | jn a dying condition. There wera loose Appeals in reviewing the verdict also said: | timbers hanging from the roof, and one “It is now well settied that if the plain- | theory was that he did not sit down tiff's negligence contributed to the injury | when he came to the tunnel, as he should he cannot recover, although the defend- | have done. As there was no positive ant was also negligent.” proof of the cause of his death the ncgli- Cases of Track kpnhm gence of the company was not proved. | In one of the cases that happened in Can Negligence Be Presumed? | Pennsylvania a track-repairer was killed | When a person is injured and sues his | at night by the collision of a backing | employer to recover, e must make out train of cars with a handear, in which he. | his case that his empioyer was negligent | with others, was coming to the station. | Can this ever be oresumed? In South | The company's defense was that the vic- | Carolina the Supreme Court held it could tim was negiigent in approaching the sta- | be in some cases. In one of these, cattis tion while the traip was there. The jury | were injured through the negligence of rendered a verdict!in favor of his wife, | the engineer of a rallroad in running oyer but this did not stand. The Supreme them. He had done so several times be- Court held that the jury was not properly | fore, and the court thought the presump- instructed, and granted another trial. An attempt was In another case A was one of a party of | afterward made to change the rule thus men employed by a rallroad company in | laid down by the court, but it did not suc- repairing its track. They were usually |ceed. The court declared that the owner carried in a boxcar to and from their place | of the catile having proved that they of work. Althougn on several occasions | were killed by the train. the raflroad com- he had been forbidden from riding on the | pany, in order to make a good defense. pllot or bumper of the locomotive, he per- | must show that its engineer had not been | sisted in doing so. One evening, when he | negligent was returning from his work and riding in | When Employes Using Defective Ma- this manner the train in passing through s s a tunnel collided with cars standing on chinery Recover. the track and he was injured, while thosa uestion has often been raised and in the boxcar were unhurt. It was held | decided whether an employe can recover for injuries caused by using machinery or that as there was room for him in the car there was no excuse for incurring the | appliances which he knows are defective. greater risk; that his own negligence was | Such cases have almost always been de the chief cause of the accldent, and he | cided in faver of the employer, as we couid not therefore recover. The case | have seen, on the ground that his employe assumed fhe risk. Of course an employe came before the United States Supreme Court for review, and the court remarked | would be liable if the defects were Known by him alone and hix employe bad no that ‘‘one who by his negligence has | i g & reason of knowing them. But the Su- brought an injury on himself cannot re- | cover damages for it. A plaintiff in such | rreme Court of Missouri has released the cases Is entitled to no relief.” But when | liability of employers on a different the defendant has been guilty of negii- | ground. —FEmployes are deciared to be gence also, then the question is “whether | guilty of contributory negligerce in using such machines or applianc It is true the damage was occasioned entirely by | his negligence or improper:conduct, or | their employer Is negligent in furnishing | them with a defective machine—a carding whether the plaintiff himself so far con- tributed to the misfortune by hls own | machine, for example. On the other hand ‘neyllgence or want of ordinary care and | caution that but:for his negligence or want of care and caution on his part the | misfortune would not have happened. In the former case the plaintiff is entitled to | recover; in the latter he 18 not.” In the | case before the court the injured man was | declared to be negligent and consequently | could not_recover. be sald, In such a case, to have been him- self the cause of any Injury whicn Re may have sustained under such circum- stances.” The rule in Indiana is nearly the same. Said the court on one occasion calling for an application of the rule: “It Is the settled law of this State that where negligence is the issue it must be a case of unmixed negligence; that in such case & party cannot recover if it appear that by the want of ordinary care and pru- dence on his part he contributed to the infury, or if by the exercise of ordinary care he might have prevented the In- jury.” The Rule of Kentucky. This is the rule in other Statas. Tn Ken- tucky, for example, the rule has been thus stated: If the evidence in a case shows that the injury to an employe re- sulted from either of two causes. only one f which was due to an emplover’s negl rence, no Inference can be decisive. an. 7is Injured employe cannot recover, be- cause he must make out a positive case. Thus after a freight train had passed The they are also held to be negligent In us- ing the machine If it was plainly defective end dangerous. Consequently, If they ars injured and sue their omployer he in ef- fect says: “T was nesligent in having the machine, but you knew it was out of re- pair and dangerous to run, and ought not to have touched it. It Is true I tempted you with employment at when | When s Jou were In sore naed of it, but you should | the Absence of Negligence |{0¥ 1,15 Vicided to the temptation. As | May Be Inferred. | you aid, you alone must suffer the conse. | The Supreme Court of Maryland has Quences, for you cannot deny that yon also stnleg that when the evlderzcs is con- | were negligent in operating the machine. flicting on the question whether the in- | Indeed. the very charge vou bflng,'-:sunx: | jured person eontributed by his negligence | M€ is a net that incloses _vn’:;rwl o Such to his own injury, the jury may, in con- | |8 the law; whether it out!t to 80 ‘s | nection with all the facts of the case, in- | DO, We once more repeat, for us to con- fer the absence of fault from the known | sider. | disposition of men to avoid injury te HOME STUDY QUERTES. themselves. | This rule applies when both were negli- | 150 who boasted that grass never grew where his horse had trodden? | gent at the same time. This rule, the | 153, What great musician recetved reader must keep in mind, applies’only | when both are negligent and contribute to | - | The result. “There are many cases of this | thanks frowm U T g s By 7 | kind and it is extremely difficult—nay, im- | ;78 SN0 0 arlon? | possible—to find out which is most at | V'O Ry Bmperor was victorfous in | fault. In a collision, for example, be- | ttie of the Foves Simmeree 'y 1%5. What English King was called | tween two vessels or stages or trains the | conductors on both sides are negligent, | peauelere (good scholar), - % scholarly attainments? | but which is the most so cannot be ascer- 136. To whom did Titus give the sacred | | talned. In all these cases the above rule | | cuts the knot and denles a remedy to |ypgoks from the temple at the destruction | of Jerusalem? | either party. This rule, however, cannot be applied in | * 2" o " Was called “the bravest of the brave”? | all cases of negligence on both sides. It | must be concurring ncgligence, happening 158. What monarch boasted that the sun never_set in_his dominions? at the same time, or nearly so, in many cases, to call for the application of the | “{is what English ruler was called “the Sallor King” ? rule. Then suppose an empioyer uses an | unsafe boiler and also employs an incom- | 1) Who was the original “Micawber”? petent engineer. Is the employer respon- | 161 What eminent divine was named “the Chartist parson,” because of his sible for an injury happening to the en- lygpmhy with the masses? 102 W o | gineer or other servant in consequence of using the boiler, though the engineer him- Who was “the sword of Mars™? | self may have been :10‘\1 ent in the per-| 143 What delightful English essayist | formance of his duty e court had no | ysed the initials C. L. L as a pen Giffloulty when this case was tried in de- cldmg that the emplover was primarily negligent in having such a boiler and wa: therefore responsible cons quences. This rule, which seems clear | enough when thus stated, has passed through many changes during the last e? 55 What country has been called “the cockpit of Purope.” because it has been the site of so many battlea? 165. What American essayist was termed by Lowell “the Yankee Plato™? forty years. A recent Federal Answers. | thus stated it: “Although the defendant’s | 138, Bismarck. 139. Duke of Wellington. negligence may have been the primary |14, Alaric. 141 O'Conne!. 142. Shakes- cause of the injury complained of, yet an | peare. 144, action for such injury cannot be main- | | tained if the prox‘mate and Immedfats | { cause of the injury can be traced. to the | want of ordinary care and caution In the | person Injured.”” This rule however, was | qualified in one respect—namely, that the | | negligence of the person red would not.defeat his right to recover If he could show that the other party by the exercise of reasonable care and prudence might ’hlrv‘:, lvo:tdqd !he‘fonuquencn of the in- | us s negligence. The Rule of North Carolina. This rule may be made clearer by con- sidering the qualification which, in some States, is a rule by itseif. Thus In North is declared that. notwith- the , if at time wi an ‘injury ‘was committed.it m?ht have been avold- | ed by the exercise of reasonable care and prudence on the part of the defendant, an _action will lle for es. Tn the Gunster case in that State the Battle between the Enterorise al Boxer. 145. Richard Cromwell. 14§ ington Trving.. M7. Charles F. Browne 148. David Garrick. 145. Bishop George Berkeley. 150. John Dryden. 15 Agaseiz. 143. Lawrence and Y.udhv& _ An Barly Morning Burglary. Police Officers J, A. Ryan and J. Gall- way made the first important arrest of the rew century when they caught John Ca- hill breaking into a stare window at 1955 Folsom street at 2:30 o'clock yesterday morning. Cahill, with two other men, who werg recognized s John Duffy and Ed McDade, was observed by Specfal Offi- cer Sequine trying to foree the show- window of the store out of place. He notified the two regular officers of his discovery and the trio surrounded the place and caught Cahill. The other two slipped through the lines and mgde gool was_takenm to the booked on the 1 | plaintiff was employed as a foreman in i ;:‘nnln‘ x: '“? uw:‘lfl{”belo ng te the O uied Whs Swimming Race. I Shing s the e The aquatic exhibition to be givep at defendant. ‘without the | the Lurline baths on January 17 under the auspices of the Lurline Swimming Club will ‘have three open champi ip races for all registe: amateurs. be for 100 yards. 300 vards and a Each relay will consist ‘ The entries will fvvnlnx,JJnxunGr,vd ;’.‘. Entries 1.3 the mill | sent to J. A. Geddes, secretary, , w-ming or looking him- | Swimming Club, Bush and Larkin streets. as he could have done. wheth- | The winner in each event recaive a ng was finished, and R he was injured. T T o huns ve sl oc- of ! A 'mlm.hdnv}:l e‘o.ndeth':-. nim . oughtless act stasting relay. men. ul =elf to see. oilis er the Gunster | valuable prize.