The San Francisco Call. Newspaper, May 19, 1901, Page 31

THE SAN FRANCISCO CALL, SUNDAY, MAY 19, 1901 HAPPY SCENES ATTEND LAUNCHING OF FIRST SHIP BUILT IN OAKLAND Amid the Cheers of Thousands and Shrill Screams of Sirens and Steam Whistles the Pretty Four-Masted Bark Lahaina Slips Gently Down the Ways and Glides Into the Peaceful Estuary — + luxurious in their appointment. Everding, Mr. and Mrs. J. D. McKee, Mr. The social side of the affair was on the and Mrs. W. §. Davis, Mr. and Mrs. A. E. 4!.1.)(: ~)y !'.w ‘Lah;nnn. which were crowd- Wellington, Mr. and Mrs. George Wellington, e o e T S . St A e s L o Rt M i .“f Rolker, Cantain and Mrs. Hamlet, Mr. and Y ¥ ment Oaklanders Mrs, Willlam Nicol, Mr. and Mrs, W. D. wers in the launching party, and as the Smith, Mrs. W. E. Rudolph, Miss Vadie Ru- hip moved slowly out of the ways the dolph, George Hind, Miss Nellle Hind, Ronald gay gowns of the ladies on board and the Rolph, Mrs. W. H. Fownes, the Misses Cot- f numerous flags and pennants fluttering trell, Mre. Genle Reid, Mrs. C. W. Hazeltine, i {ly in the breezes formed a pretty pic- Mrs. Willlam Balnaves, the Misses. Nicol, ture Mise Susan McEwen, James P. Taylor, Pcst- {‘ Miss Lilla Boole was attired in a blue ter W. H. Friend, George W. Howell, Mr. \ and white foulard, trimmed with lace. A oy M™% Craigle Sharp, Frank Ko Mott, ex- [ 1arge white hat with pink roses completed yercer s Tnn mien e Dap s & s«\; her very becoming costume. Lioyd, 1 a M Hu r.ul,b Joseph l"r;vn\\" the \‘. T Among those on board during the Misses Plaw, Mr. and Mrs. T. W. Ward, Mrs. W ) | launching were: L. Neilson, Miss’ Gallagher, Mr. and Mrs, ) Mr. and Mrs. W. A. Boole, Miss Lilla Boole, Richard Cassidy, Miss Jaquelin Moore, Mr. Mr. and Mrs. G. M tolph, James Rolph Sr.,, and Mrs. Handley, Miss Jennie Gay, Miss i 10 % S LAFAINA ~ Shortly after i ¥y Ohio slla from the < the Union Iron Works similar event, of happy g t rst home-built vess t W. A. Boole & Son’'s sh | foot of Adeline street. Whe Boole broke & bottle of Califor- | sel's bow and | “I christen' thee | heered from pier and | amers by thousands | whom were the | land Board of Trade, | nts’ Exchange, the City Coun- city off and invited | ® s, in ding many people prominent | )aklar n Francisco soclety. | N 1 have been prettler. | M cisco guests came direct | aching of the Ohio on the | s which they witnessed the ‘ T he Union Iron Works. At | blow from a sledge split the | the Lahaina’s passage | € ipped noiselessly wr hundreds of ¥ to the < Then as she glide on the estuary the sirens | b es | sides screamed a stri- | | Built for Oriental Trade. | 1 be proud of her first E £hip, for she i the largest of her class e coast. he Lahaina was built for Hind, Rolph ‘ . & Co. for the Oriental de. She is a | four-masted bark, entire of 1200 tons bur- | den 5 feet in length, 41.6 feet by ‘ is equipped with steam holsting gear, | cluding anchor holst and safl-setting ap- | ratus. On her first trip she wjll take | 1,400,000 feet of lumber from Puget Bouna to China. She will be commanded by Cap- * o tain N, T. Carlson, formerly of the ship SCENES ATTENDING THE LAUNCHING OF THE BARK LAHAINA, THE Muriel | FIRST VESSEL BUILT IN OAKLAND, AND THE SUBSEQUENT The keel of a sister ship to the Lahaina CHRISTENING BY THE PRETTY DAUGHTER OF THE BUILDER. v be lald immediately by the Booles, S - RPN A 3 These ships, the largest in the fleet of re, will afford unusually com- James Rolph Jr., Miss Bessle Rolph, Miss Ethel Lynn, W. P. Courtney, A. W. Bishop, and comfortable quarters for Mildred T. Rolph, Mrs, George Law Smith, P. F. Struckman, Miss Irene Blllings and W. thelr men, while aft the cabins are to be Miss Jennie Govan of Sacramento, Miss Elea N. Cowan. L e B O a2 T ) “QUO VADIS” TO BE REPEATED AT DEWEY Scenic and Dramatic Production of the Famous Tragedy Ready for " | Another Presentation. —t: OAKLAND, May 18.—The unprecedented | : . o wrhdih: The ,,,},I"‘ "'n"{','\m;‘mm',':} OAKLAND, May 18.—Mrs, J. 8. Jenks was S 4 = wey TRea- | giver, at her home on McClure street. The e to }51‘[ a re- | rooms and table were decorated with pink M evening the seenio tragedy wili|*"** Places were lald for twelve. be vith 2 ented cas a | o il P P Lo A e d cast and | .. Cupils of Miss Horton's school held u - reception this afternoon at the school on . Twelfth and Filbert streets. The apartments Licensed to Wed. were artistically decorated and refreshments LAND, May 18.—Marriage licenses | Were se: PR e County lerk's ofiice The Luncheon Club was entertalned yester- llowing: Joao C. to m fari 3 nk M. Vo % . 10 marry of San Francisc Villiam ‘W. Grove of San Fian- | aged 21, 1o marry Ma . Owens of Ban Francizco, aged 18; Frank Timmer- man of San Franci aged 34, to marry Maria Hill of Ban I‘x.nwkxt‘m aged 38. 5 ——————— Berkeley Paper Sold. May BERKELEY 18.—F. W. Richard- son, former edi 1 ger of the San Bernardino imes-Index, kas pur- « d a controlling interest ir Daily Gazette been elected as follow son, general manager; J. L. Webb, Victor Robertson and J. C. Ar There- will be no change in the sta present. nuid. i€ oat \ 'SOME RECENT EVENTS IN OAKLAND SOCIETY Cotton’s cottage on Vernon - at Mrs, . Plates re laid for twelve. La France roscs and dainty tabieware graced the repast The meetings are looked forward to with pleasure, the books being read dur- ing the intervals for general discussion at the assembly. - The members who were at Mrs. Cotten’s luncheon yesterda are Mrs, W. O. Cullen, Mrs, Howard Bray, Mrs. M. Albright, Mrs. Chambers of Alameda, Mrs. C. O. Mrs, Willlam Angus, Mrs. C. Downing, M E. L. Dow, Mrs. Mattie Blankart, Mrs. D. O. Proctor and Mrs. and Louise Allender. The g will take place Friday at Mrs. The engagement of Miss Neva Todd Jarvis and Ezra Decoto has been announced. Miss Jarvis is a daughter of Mrs. H. S. Jarvig of East Oakland and is possessor of ~unudual musical ability. She is a graduate of the Oak- 1end High School and also of the University of Californla. Mr. Decoto is also a graduate of Berkeley and Is at present a student at the Hestings Law School and will complete the Hyde, | | Fremery course next year. Mr. Decoto’'s name s a familiar one “in college athletic circles. In addition to his law studies he holds the position of superintendent of the Oakland _evening schools. No date has been set for the wed- ding. e Mr. and Mrs. Will Price Jr. entertain: number of their friends Thursday eve%mlxd at their home on Linden street. The occasion was & farewell to Miss Laura Fenton, who leaves | next Monday for a prolonged visit in the Bast, accompanied by her aunt, Dr. Su The evening at Mrs. Price’s was a most en- joyable one, several novel and amusing gaines betng introduced, for -~ which prizes = were awarded, Hugo Lauber and Max Webster being the winners. The guests were: Miss Laura Fenton, Miss Etfie Shull, Miss Adele Shep- herd, Miss Helen Hart, Miss Carrie Reed, Miss Edna Ford, Miss Stella Emmons, Miss Clara Boardman 'and Hugo Lauber, Max Webster, Charlie Lathrop, Dana _Austin, Percy Har- (}l((n”berzh. Elmer Hunt, Ed Renshaw and Harry eller. san J. Fenton. Good Figure on Realty. OAKLAND, May 18—~James L. de s sold his interest in the new Physician’s building, on Washington street, near Thirteenth, at a figure reach- ing $1100 a foot, exclusive of the value of | the building. e ————— Elegant line of household furniture removed to our store for convenience of sale. H. ]Bchel]hmu‘ corner store, Eleventh st., Oak: and, . WATER COMPANY WINS 175 Gk City Loses Every Point in the Fight Over Rates. Supérior Judge Hart Says the Property Is Worth $7,000,000. VL EA e Oakland Office San Francisco Call, 1118 Broadway, May 18. Superfor Judge E. C. Hart of Sacra- mento handed down a decision in the water-rates suit to-day that gives the Contra Costa Water Company a complete victory, every issue being decided in favor of that corporation as against the city. The valuation put upon the com- bined plants is $7,000,000, and his Honor fixes 7 per cent net income as a fair, re- turn upon that valuation. The water- rate ordinance of 1899-1901 is declared to ba invalid and the absorption of the Oak- land Water Company and the old Contra Costa Water Company is held to have been legal, the former plant at Alvarado being declared necessary to the supply of water to Oakland. If the decision shall stand the brunt of a Supreme Court review the rate payers of Oakland will be compelled to pay double ewhat i8 now being charged. The valuatior placed upon the works under the ordinance which the company is us- ing was about $1,600,000, with § per cent net return. It is estimated that under Judge Hart's declslon a gross return of 10 per cent on $7,000,000 will be allowed the 8, per cent coyering operating an construction expenfies, taxes and Interest and deterforation. The Contra Costa Water Company combined 18 capiialized for $,- 000,000, equally divided between stock and bonds. Although the water company sued for a valuation of $8,500,000, none of their ex- ert engineers in testifylng came within 1,000,000 of that figure. Regarding the Valuation. The decielon as bearing upon the valu- ation reads: Without entering into a minute discussion of the evidence, 1 find, after o most careful and painstaking consideration of the record, that the value of the combined properties of ‘plain- tiff, now and at the time of the commencement of this action, actually and necessarily used by it in the conduct of the business of collecting and supplylng water to the eity of Oakland and its inhabitants, to be, in round numbers, $7.000,000. This includes 'the San Leandro Like as a source of water supply, and the Necessary structures appurtenant thereto, the construction work of the old Contra Costa system other than San Leandro Lake, the Al- varado plant, and the element of going or established business. So far as the ordinance attacked is con- cerned, Judge - Hart finds that it was passed without sufficient investigation en the part of the Councilmen, and he quotes from a lot of published newspuper inter- views which were introduced in evidence by the water company to sustain his de- ductions on that point. The opinion also holds that the rates as fixed were not suf- ficient to return a fair revenue to, ke water company. The decision is a very lengthy one, a large portion of which is consumed ia a discussion of the interviews noted. The Question of Appeal. The guestion of an appeal is the next consideration, and this lies with the City Council to say whether the Supreme Court shall be called upon to nass upon the decision which will vastly increase the revenue of the water company in this city. Judge Hart lays down the following five propositions at the outset of the decision: First—Did defendant and its officers, in the matter of taking. evidence before fixing the rates, give or offer to give plaintiff a reason- able opportunity to be heard, to introduce its evidence, and to overcome, if necessary, the evidence’ introduced against it? Second—If the defendant and its officers did not do 8o, was plaintiff injured by this failure, refusal or meglect of the municipality, and, as bearing upon this. Third—What was the value of the, property of the Contra Costa Water Company for rate- fixing purposes at the time when the Council fixed the rates; and Fourth—What is “‘a just and reasonable com- pensation” upon such determined value within the meaning of the law; and, finally, Fifth—What may a court of equity do in ad- minlstering justice between such parties liti- "7 Matter of Rate Fixing. The court then takes up the matter of rate fixin t&the Council and elaborates e Tuch detall upon the tostimony of the Councilmen and quoting at much length from the newspaer interviews. His general comment follows: ay be said in a general way that the o %% the members of the Council, other than those composing the Fire and Water Com- mittee, clearly shows that they had not even gone fo the extent of investigating the evi- dence upon which the committee acted, but accepted the report of said committee for the Teason, as some of the Councilmen stated, that fhey had absolute confidence in the honesty and g0od faith of the Fire and Water Committee. On the subject of the interviews Judge Hart savs: mbers of the Council gave ex- prosenin aathorized interviews, published in The public prints, and proved upon the trial, of the natuve of the work they had performed and the care they had displayed in dealing with this important question. These inter- Views shed an effulgent light upon the mat- fer, And to my mind are determinative of this controverted fact. It is to be remembered that they were given forth freely, not under pressure of attack, and it will be noted that the mental attitude of the Councilmen is one of strong self-congratulation over their mode of performance of this quasi-judicial function. Attacks the Investigators. hen with free quotations his Honor s cds: i p . 1a, from this testimony, coming an ¥ doen ‘trom the very mouths of the public fficials themselves, invested with the solemn dnd sacred duty of passing upon the property rights of citizens, that such an investigation in Whieh each for himself engaged in the business there and everywhere, for ata a of going about here, the purpose of Eathering ‘Information, and recommendations’’ which, In the language of the report presented by the Fire ahd Water Committeé, *‘would serve In the drafting of the ordinance which could be presented as the joint Would, as & declared in the San Diego case it ghould have the opportunity to do, enable the plaintiff company to present testimony explain- fng or overcoming the evidence thus obtained, and upon which the Councll ultimately aci Considering that this Investigation an . mination impose upon the Council dutles of a high judicial nature, comiment upon the way in which they performed those duties is superflu- ous. I shail only say that the concern of all these judicial inquirers, save one, was not ‘‘Did we act justly in the matter?’ but was solely “Pid we cut deep enough to satisfy the peo ple?”’ Says Rates Were Arbitrarily Fixed. But one conciusion upon this matter can, iherefore, be reached: The rates were fixed ar- bitrarily without a_hearing or an opportunity for a hearing to plaintiff; fixed upon no evi- dence, or upon evidence inadequate, insufficlent and_undeserving of the name; fixed without re- gard to the actual value of the property or serv- fce; fixed upon a predetermination of the ma- jority to make a horizontal cut in existing rates, regardlesg of the reasonableness or un- reasonableness of such reduction. But, notwithstanding these facts, which are so glaringly apparent, It is nevertheless true that if the rates, even thus arbitrarily fixed, afforded a fair and just compensation to plain- tiff, it ha# no substantial grievance, and may not' be heard to complain. 3 T am thus brought to a consideration of brop- positions two and three: What was the value of plaintif’s property for rate-fixing purposes, and did the prescribed rate afford a fair and just compensation upon that value? In the light of the utterances of our Supréme Court in the San Disgo case I have experi- enced no difficulty in determining what of the properties of plaintiff should be thus con- sidered. They are the properties now actually employed in the collection and distribution of water, not those which in the future may be useful for this purpose, nor yet those which in the past have been so employed but whose usefulness has ceased. The principal difference here between counsel, aside from their differ- ence on values, is over the question of whether or mot the arteslan supply, with its operating plant, acquired by plaintiff from the Oakland ‘Water Company, should be included in this to l 31 STRAW-BURNING ENGINE INVENTOR PASSES AWAY Harvey W. Rice, Pioneer Resident of Hay- wards and Prominent Mason, Who Made Education One of His Hobbies, Is No More LATE INVENTOR OF STRAW- BURNING THRESHING EN- GINE. . 3 | | ! 2 b -+ AKLAND, May 18.—Harvey W. Rice, the Haywards ploneer, whose Invention of the straw- burning thresher engines revolu- tionized grain handling in Califor- nia, passed away yesterday at his Hay- wards residence after many months of illness. In 1852 Mr. Rice went to the site of Haywards, following closely upon William Hayward, the founder of the town. Then it was a portion of the great Spanisn Cas- tro grant, that extended, from the hills to the bay and over which roamed great herds of cattle, the property of the early Spanish-Californians. Education was a hobby of the deceased pioneer, and he gave many years of ef- fort to the upbuilding of the public school + gystem in Alameda County. He was one of the first trustees of Laurel school dis- trict and was the founder of one of the first grammar schools established in Cali- fornia. As the promoter and original manufac- turer of the straw-burner Mr. Rice at- tained a prominerice throughout Califor- nia and the entire Pacific Coast. When he began the manufacture of engines rancherg had been compelled to use wood and coal, an expensive process, leaving the threshed straw almost clear waste. Having solved the problem, Mr. Rice es- tablished a large factory in Haywards, the output of which numbered many hun- dreds of engines. His business increased so rapidly that he subsequently moved his shops to San Francisco. The factory was burned sev- eral years ago. The deceased ploneer had been an in- valid for several years. A wife and three children, Harvey W. Rice Jr. of Haywards and Arthur W. and Miss Hattle Rice of Honoluly, survive. Mr. Rice was a native of New York, 68 years of age. He was a member of Euca- iyptus Lodge of Masons at Haywards, which will have charge of the funeral services, that will be held Monday after- noon at 1 o'clock from the family resi- dence. The interment will be in Lone Tree Cemetery, which the deceased as- sisted in_establishing many years ago as a beautiful resting place for the remains of the departed. 3 . L S e e e e i el estimate, But that it shoutd the evidence | means follows that a 5 or 6 or 7 per cent rate leaves me no room for Goubt. Alvarado Plant to Be Considered. It is shown that the property was acquired to supply, and was and is used to supply, a present, actual need for water. It was ot bought’ to anticipate a future want, but to meet the exilencies of an immediate, present want. It was, at the time of its acquisition, actually supplying needed water, and has since continued so to do. 1t at the time of the threatened water famine in Oakland the plaint- {ff had itself purchased lands in the artesian belt, had developed a supply and brought it to the city for purposes of distribution, no one, 1 think, would have questioned either the pru- dence, necessity or legality of the outlay. The fact that it acquired an existing supply in- stead of developing a new one does not change the legal aspect of tne matter. It had the right to acquire this new supply, and the right to have its value estimated in fixing rates, If it whows, as I think it was unanswerably shown, that the purchase was to meet a pres- ent need of the consumers. The Alvarado mnt. therefore, I8 to be considered in fixing value of plaintiff's properties. Deems Expert Testimony Unreliable. Judge Hart says he deemed the city’'s expert testimony as unreliable. He casts out of consideration the Pinole project aud the Roberts wells as possible sources of supply. He grants the theory of the water company that it should be recom- Penned for dewrioration of its plant, say- ng: Now, in_addition to just compensation upon thin sim of 47,000,000, certain fixed charges are to be allowed and provided for. Over the jus- llowance there {8 no controversy. penses and taxes, as to shown that 2 per cent upon the on is a fair and conservative allowance in a prudently managed, going toncern. In addition it 18 establl, that loss by wear and deterforation upol\ perishable parts of the property amounts annually to two and a half (%) per cent of its value, or to about 1 per cent on the value of the whole. That this should be allowed the decision in the San Diego case fixes beyond debate. In the main opinion it is sald: ‘‘With re to_the question of the de- preciation of the plant by use it is sufficlent to say that ordinary repairs should be charged to current expense. and that substantial re- construction or replacement should be charged to construction account.” An allowance of 1 per cent permits the accu- mulation of a fund for these indlcated pur- P*¢% As to Compensation. The decision upon the question of com- pensation follows in part: In the case of plaintiff it is certainly not a remote contingency that the artesian supply may lessen and fall, while the breaking of the dam would sweep away all values in the rush of the waters. That such things may happen, the Johnstown flood is an ever-present reminder. Finally, there is the added hazard that a hostile govern- 1 ative and fisca es, expense and -protracted litigation in the establishment of v;gtgd rights. i But It is argued by the learned counsel for defendants that this is to say that the law itself is a menace. Not so! It Is but the recognition of & fact unfortunately established in the case at bar, not that the law itself is a menace, but that the officers of the law, charged with its just and legal execution, do themselves at times, through ignorance or prejudice, become the instruments of oppres- sion. These, then, are somé of the most apparent aitficulties and risks which beset business ven. tures such as this. In consideration of them, What rate of in will_form the ot a fair return? The basis I say, for It by no l gives them equal return by way of profit, since in this, as in every business, there is still the added factor of bad debts dnd failure in collection. Even municipalities themselves are not always to be relled on for the pay- ment of their water bills under the rates they have established. It has been decreed by the State that a private debtor shall pay to his creditor 7 per cent per annum for the use of money. Is there.any reason why, in the ab- sence of an express statute to the contrary, the same percentage will not afford a just basls for the measure of the State's return tor its use of plaintiff’s money? Seven Per Cent Reasonable Basis. It a private debtor must pay 7 per tent, why should not the State, in regulating the profits of a business so beset with hazards, be pected to make llke compensation? I can see no just reason, and therefore con- clude that 7 per cent is a reasonable basis of return upon which to fix rates. Measured by this test, the rates under consideration cannot for a moment be supported. They would yield under full collections but a trifle over 2 per cent upon the valuation found. And even if 7 per cent could be held to be excessive, no one Would have the temerity to aseert that a rate of interest lower than that at which the United States Government itself can- borrow money upon the security of its great wealth and of the permanency of our national life, is a fair rate of return upon an investment ilke this. In any event, therefore, the rates fixed are unjusi, ‘unresscuable, unfate.aad ‘must be set aside. ‘The trial of this ease occupled many months; the arguments of counsel consumed many days. Upon some matters the evidence Is in sharp conflict. Upon the law applicable to the facts the conflict of opinion between the learned at- torneys has often been equally sharp. Both sides have asked for a speedy determination of the cause, and I am myself of the opinion that a prompt decision, at the cost of detailed discus- slon, i of more consequence than a long de- layed one to the end that tpon all these mat- ters I may @xpress my views, Stilk It {4 with reluctance that I have been compelled to omit an elaborate consideration of the conflicting evidence, and to limit my utter- ances upon these matters to a bare statement of the conclusion that I have reached. My views on the law, however, I have given In extenso. They are the results of earnest study of an ex- ceedingly complicated question. But in finally disposing of the matter there is comfort in the knowledge that any errors in those views will be corrected by an appellate tribunal. And Mayor Cries, “God 'Help Us!” Judge Robert Y. Hayne, who conducted the case for the city, will have charge of the appeal, unless the City Council shall dismiss him and, in the event of direct- ing an apgenl. throw the case into City Attorney Johnson's hands. That official has declared his opposition to the dismis- sal of Attorney Hayne upon the ground that Judge Hayne had full knowledge of every phase of the case. mWhent informed that t?e d‘ecialon gave e water company a valuation Otv,lgdnyo; Bnfisptuavy e:cllflmefl: Bod Tl us if such a figure shall stand. It might n.sp welildbe?l%l , .”' ” residen ingee of the Contra Water Company said the decision 3.‘3;’33 in no wise affect the company’s proposi- tion to rebate this year’s water bills. Y Death Due to Old Injury. BERKE: . May 1S.—Ashley B. Itart died suddenly this morning at 1 o’clock at his residence, 1916 Fairview street. Death was due to heart trouble, caused by a full about a vear ago. He was a native of New York aged ‘ears an wife and one child, T ex- “God hely MANY SEEK FOLD OF THE CHURGH Archbishop Riordan to Confirm- Class of Candidates. Imposing Celebration of the Rite at St. Francis de Sales, v Oakland Office San Francisco Cal, 1118 Broadway, May 18. Archbishop Riofdan will confirm 250 candidates—boys, girls and adults—at St. Francis de Sales Church to-morrow af- ternoon. The confirmation ceremonies will include the benediction of the blessed sacrament usually celebrated at 7:30 om Sunday evening, so that there will be no services at St. Francis de Sales to-mor- row night. Archbishop Riordan’ will be assisted in administering the sacrament of confirm~ atlon by the Rev. Thomas McBweeney, pastor of the church, and by his secre- tary, the Rev. Father Mulligan of San Francisco. In the sanctuary will be the Rev. Fathers King, Morrison and Nolan of the Church of the Immaculate Coneeption, the Rew J. B. McNally of St. Patrick’s. ths Re¥. Father Serda' of the Sacred Heart, the Rev. Father Foley of Ala- meda, the Rev. Father Heslin of Golden Gate, the Rev. Father Cranwell of St Mary's College, the Rev. Father O'M honey of San Leandro, 'the Rev Fat ers J. B. McNally Jr., Kerney, Cull and Butler of 8t. Francis de Sales: the Rev. Fathers Riordan and_Praught of the Sacred Heart and the Rev. Father Cant- well of Berkeley. Archbishop Riordan will deliver the ser- mon on the significance and purpose of the sacrament STRANGE PREMONITION OF STUDENT COMES TRUE e Kept Letter Three Weeks and Then Opened It to Learn of Broth- er’s Death. BERKELEY, May 18.—Through a pre- monition that a letter from his home in Buenos Ayres, Argentine, contained 1l news, Charles 8. Ressig, a freshman stu- dent at the University of California, car- ried the unopened envelope in his pocket for three weeks. When read the letter contained the news of the death of his brother. Three weeks ago and just previous to the final examinations at college, young Ressig received a letter from his parents A warning fear told him that it bore il tidings of an import terrible but unknown to him. He dared not open it. He feared that news of misfortune in his home would cause failure in his examinations and a disastrous ending of his year's work. So he waited throughout his exam inations, throughout commencement week and until he had packed his things ready to leave the State. Then he opened the letter; his only brother was dead. Ressig came here last August. He could speak but little English, but commenced his studies in the college of agriculture and rapidly gained a knowledge of the English language. He started East last night and will spend his vacation with friends there. He will not return to his home until he has completed his univer- sity course three years from now. —_————— Benefit for Boys’ Assembly. ALAMEDA, May 18.—The fete in the Thompson grounds this afternoon for tha benefit of the Boys' Assembly was a great success financially, and the lady managers were consequently elate AlL afternoon the gayly dressed crowd came amd went and bought the things on sale. There were eight tented booths., each attended by a bevy of young society women. During the afternoon a programme was rendered by the following named: s Constance Todhunter, violinist; Mr ham Nahl, vocalist; Miss Myrtle F' Miss Ruth Hazel Perkins, recita- Master Philip Taylor., drum: Miss u Bates, mandolin; Miss Florence Boyle, guitar; Miss Nonle Dodd, violinist Miss Helen Chapman, vocalist; Miss Treasure Heister, pianist; Mrs. Ralph E!- ster, reading: Louis Jacobi, Mrs. J. D. Spencer, recitativ Gresham, trombone; Frederick Lu sresham, cornet; Mrs. Gresham, piano; Miss Helen Swayne, vocalist. The accompanists were Miss Helen Dodd, Miss Irma Taylor and Miss Helen Cohen. —_——— Japanese Miner Killed. OAKLAND, May 18.—By the bulging of timbers in the 400-foot level at the Tesla coal mines I. Kadoma, a_Japanese miner, was crushed to death. He was working on a coal car when the track sprung, and the miner was caught and jambed to death between the car and the heavy wooden structure. The Coroner took charge of the case. 5 —_——— Anderson Academy’s Class. IRVINGTON, May 18—Anderson Acad- emy held its commencement exercises to- day, closing a successful ar. Visitors commented upon the beauty of the grounds and buildings. The graduates were Kenneth Gregory, Ali Schmidt, Althutra Schulze, Edwin White, J. B. Reddick and Jam cCollough Jr. preisidi ang et Woman’s Auxiliary Annual Meeting. ALAMEDA, May 18—~The Woman's Auxiliary Societles of the Episcopal faith will hold the annual diocesan meeting this year_in Christ Church, the session to be- gin June 3 at 11 o'clock. The Right Rev Bishop Ford Nichols will preach. This is the first time an auxiliary will be held in Alameda. —_————————— REAL ESTATE TRANSACTIONS. Alameda County. Carpentler to Allen D. Wilson, par- d hounded N by right of way W di- vision of Central Pacific Rallroad as the same existed and was used on May 29, 1595, W by enter line of Fifth avenue (or street) s it would be it extended S across the harb ine of ship channel, S by ship channel and |6 by center line of Ninth avenue as it would be it extended S to ship channel, Including in part the premises described in deeree quiet- ing title fn case of Marfa Hall vs. James Larue et al, and recorded in 212 D. 361 etc., East Onkland; $61.50. Maria H. and Willlam H. Weldon to Union Savings Bank, lot on SW line of East Twenty- ond street, 100 8 of East Tenth avenue, lots 13 and 1, block B-131, 50 by SW 150, Map of Brennan Estate Property, East Oak- land; $1560. First National Bank of Oakland to Emma €. Telller, lot on NE corner of Alcatraz a nue and Salem street, N 120 hy E 40, block 2, Herzog Tract, Oakland; $350. George O., Willlam' H. Simmons to Louls and Alama Erickson, B line of Fifth street, 260 S of Foisom, 5 by E M1, lot 2%, block 66, Tract B, Berke- ley Land and Town Improvement Association, Berkeley; $500. San Franeisco Mutual Loan Assoctation to Emma C. Tellier (wife of Peter), lot on E line of Salem street, 120 N of Alcatraz avenue, N 40 by E 100, lot 2, block 2, Herzog Tract, Oakland; $10. Samuel and Emma F. Heywood to Willlam and Margaret Cclby, all interest im lot on W line of Spruce street, §7 S of Rose. S 48 by W 1347, bloek 2, T. M. Antieel Map of Villa Lots, - Berkeley; $1500. James @amble to Grace E. Sully, all interest in lot on N line of Parker street, 117.30 W af Grove, W 50 by N 129.40. being lot 1, block F, Crystal Spring Tract, Berkeley; $500. Lewis M. and Sarah E. Lloyd to H. H. Dob- bins, lot 1 blnw‘l—a_ 18, Daley's Scenic Park Tract, Berkeley: Frank and Rosa Studiger to Frank Lamprev, all interest in the NE half of subdivision No. 3 of lot 47, Map of Syndicate Investment Com-~ pany’s subdivision of lot 47, Bray Tract, Brook- e iyn Township: $1500. Hora L. corporation), all interest in following: 3 M also lots 1 t6 4, 6 to 15, ma keley : ce D. and Carrie M. Irwin and Charity rs to Home Investment Company (u Lots and 25, Berkeley Park Tract, Berkeley: of blocks 3 and iso lot 18