The San Francisco Call. Newspaper, March 18, 1902, Page 14

14 BOARD FIXES WATER RATES Accepts Compromise Or- dinance Favored by -~ the Mayor. Bill Allows an Increase in Revenue From the Hydrants. B of Superyisors ' passed. to | r wate rate ordinance, yesterday | recomisendation, contaiied s recent ipessage on the sub- nce as’ agreed’ upon pro- | 7 increase over last year's hy- | 900, bt effects a reduc- the revenue from hy- 1y fixed' by the majority Supervigors Comte and f the Watar Committee. i ordinance suggested the e Mayor amen by the copsumers’ rate are at . present, and e at §2. which would 95000 for hydrants. based on a valuation of an allowance of $430, ng expenses. was carried by the fol- Brandenstein, «Cleltan, Pavot, Boxt Curtis. | art Wynn—7. Promises Improvements. 4 communical at the o secifying definite- v ‘agrees to do | tem during the nexi | he ordinances pro- nnor and by ndenstein in connection improvements to bring fire protection. The com- L er Schussl B este tte fons of the company’s ne real value. par- | ineer's report con- nd _undervaluatio sem are the large un € of the large Crystal | tire omission of the up- dam, the omission of the of way for pipes, flume the large undervaiuations | ensive water rights. | srdinance. which re-enacts »"0f 1900-1901 With the ex- | the nt b ver of drant rate from ¥ month, the com- the work during Sullivan for the ded by Kearny street, e bay, which includes in: mains and forty-seven new hydrants insiallation of larger = ar s in the list re- | mains and forty- & now b but ir o promised to the | Sonnet 4 1901, provided Par- - Also twenty-four- Valenc Morket Work Under Mayor's Compromise nder the May the company the exception of | the business dis- | ordinance the com- osition to do any of | the large. fire p inue to inetall the treet to improve r's message work wi drants in b the Comn: A b a closely questioned by the | 28 a committee of the the agreement con- unication. - Schussler offer, but said that to reduce its op- | 000, question 1o Brandenstein offered ordinance favored by ted the following expldnation of the amendmen Majority’s Amended Report. nt of this investigation is the rates to be established the value of the proper- g Valley Water Works actu- the supply of water to the eity a discussion the the ita ble amount of the operating e incurred by the com- amou f *axes that it will is essen but incidental to the fon of those rates ! The r recommended that the | which it I 580,000 a chargs h the exceotion of oposed to change m, estab- a month it was estimated that in the year there would be 4000 The revenue, therefore, de- hose hydrants would be $120,000 His Honor, the Mavyor, after an ytical computation of the erties of the Spring Valley in supplying the city with le aperating expenses and mpany, arrives at the same rates v the majority of the com- | he would make the hydrant ad of $2 50 per ving 1 >mpany the sum of r annvm revenue from the hydrant 7 flerence between the amount he committee proposed . $120,000, r proposes to values of properties of such ere must enter, necessarily, the element of uncertainty, operatine expenses of the e estimated not ascertainable with absolute the texes, of courss, are fixed, and ovnt the Mayor and the majority mittee asree cepts Mayor's Suggestions. committee. therefore, in the interest of and because of ‘the considerations the sugeestions of his_Honor, nd recommends to_ this hénorable rate be fixed at $2 instead of $2 50, as heretofore | ed by your committee, and that the ise remain unchanged Ac committee wo y way of re of the criticism of its action in its recommendations, ttat in arriving e of the properties of the Spring er Works it did not count among the naked legal franchise of | ) do business. in express terms. | r mot the franchise of the comvany used with ately be considered nrope mpany in supplying the city cuestion of law. of which knows of no adjudication. i £ the value of the go- se of the company took into con- e meaning of that word the | 1o it by the City Engineer. | v charge made. viz, that the com- | ad recommended a rate which would | moany more than it asked by The very fact that the sage (o give the Tevenue than the ed would annarently en- | bat charge. But, independently of mere | an honest examination of the figures | that the amount msked for by the | ing Valley Water Works was $2,065,500 | Schussier Ren., p. 3). and the amount | end; the majort: of the commit- by 1 14, viz, $98,208 86 less than | «d’ by ‘the ~Spring Valley | Connor Pleads for His Measure. Supervisor Connor then moved as a| | modern | additional data for the selection of | to_the company WOULD PROVIDE NEW HOSPITAL Resolution Proposes Tax Levy Next Year for Improvement. Supervisors Decide to Keep St. Mary’s Square Fund Intact. Supervisor Curtis introduced a resolu- tion at yesterday's meeting of the Board of Supervisors, which provides: for - an appropriation, outside of the doliar limit, in the next budget of approximately $600,- 00 for the erection of a new city and county hospital. ‘The resolution, which | was referred to the joint Judiciary and Health Committee, follows: Whereas, Some years will elapse before a bond election can be held and the proceedings reviewed by the Supreme Court; and Whereas, This city should provide a proper place for its sick and poor at the earliest pos- sible day; therefore. be it Resolved, That in the preparation of the budget for the fiscal year 1902-1903 a sufficient sum of money, not to exceed 15 cents on each £100 Valuation, be set aside. outside of the $1 lmit, for the erection and -equipment of a city and county hospital. Charity and the Big Fight. Curtis presented a resolution concerning the coming championship fight, which was referred to the Judiciary Committee. It is as follows: Resoved, That this board will grant the per- | mit for a boxing contest between Jeffries and ftzstmmons to the club which| will place in the hands of the Mayor the largest sum of money (in excess of $5000), said money to be used for some charitable purpose or some pub- | lic improvement to be hereinafter designated | by the board. The “‘whereases” contein the follow- in s efit {0 its promoters, it being estimated that the gate receipts will aggregate $50,000. The Board of Works was requested to | report what sources of water supply for | th » city are available, for the purpose of | outlining in general the rclative adequacy of each source and to Suggest whatever most desirable source may be necessary. The resolutions offering $1250 ow the extension of the Potrero-avenue sewer was finally passed. The ordinance regulating the temporary upancy of a public street during build- ally passed. oc ing operations was fin The Board of Worl was directed to rem. all obstructions on Channel street, between Brannan nd Townsend. The Mayor's veto of the resolution rec- ommending that ‘the Treasurer restore to the general fund the sum of $12,000, set aside for St. Mary’s square. to pay claims upon the general fund, was sustained, | only Brandenstein and Wilson dissenting. Police Board's Meetings. Boxton's resolution requesting the Po- lice: Commission to hold its meetings at a time which will be of the most conveni- ence to the public was adopted The Board of Works was directed to prepare specifications for lighting public buildings. An ordinance was passed to print fixing | grades on streets in the Potrero, where the Santa Fe road plans big improve- ments. The resolution offering $500 per acre to the Bay View Land Company for a seven- acre tract in the Bay View district, to be | U%ed as @ pesthouse site, was finally | adopted. The 8: Francisco Athletic Club was granted a boxing permit for March 23 and the Ariel Rowing Club onme for April 3 The ordinance limiting the hours of re- tail drug clerks was passed to print. The Board of Park Commissioners was requested to explain why the concerts in the park had been discontinued and to | state if any arrangements can be made to resume the same and restore to the people the enjoyment which is justly theirs. The resolution was introduced by Supervisor Eggers. The Mayor was authorized to. appoint a committee of twenty-one to take charge of the Memorial day celebration. substitute that the ordinance proposed by himself as the minority committee b opted. Connor argued that a 5 per cent cut in consumers’ rates and allowing $1 75 for each hydrant would be a just return on the company’s investment, which he calculates at $24.091620, allowing interest to the amount of $1.294.581.03. He referred to the estimated increase of business and to the fact that he allowed $450,000 for operating expenses, or $20,000 more than the Mayor's suggestion. Connor held that to allow the company 5 per cent on a franchise valuation of $2,250,000, whicin he had eliminated. is unjust, as ‘it merely represents its good will, which has cost it nothing. “] am sick and tired of this reference | to pledges and all that ‘tommy. rot,” "’ said Brandenstein, after several had spoken. fied with the way in which I fulfill my duty, it has the right to refuse me any further nomination if it so chooses." Braunhart spoke at length in favor of Supervisors the Connor ordinance, claiming that the | other ordinances gave too much revenue Brandenstein in_reply held that the franchise valuation shoul: not be eliminated, and urged that a fair policy be extended to the corporation. Last Year’s Rates Too Low. “If the company tells us that it has skipped threc dividends,” said Branden- stein, “‘unless you accuse it of lying, it Is evidence that last year's rates- were in- sufficient. Let us have no more sand lot | cries against corporations and let some people understand that they cannot stay the progress of, commercial enterprise. | Let the water company have fair treat- Not a sin- | ment. Who is complaining? gle rate payer has protested against the Proposed rates as being oppressive.” Comte said that nothing had been al- lowed in the water rates for determina- | | tion of the company's plant, and ques-| | ticned whether 5 per cent on its invest- ment was sufficient interest. ‘I conscientiously believe that with the highest rates now before us the com- pany would receive less than it is enti- tled to,” said Comte. The Connor ordinance was lost by tne following vote: Ayes—Booth, - Braunhart, -~ Connor, ~ Curtis, & Ancona, Louzhery, Wynn— D Noes—Alpers, . Bent, Boxton, Brandenstein, Comte, Eggers, Lynch, McClellan, _Payot, Sanderson, Wilson—I1 Brauphart's amendment that the com- promise ordinance based on the Mayor's recommendation bé recommitted to the comumittee of the whole with instructions to effect a horizontal reduction of $37,000 to be applied to families living in one, two and three-story houses was lost by the same vote. y PALL LONDON CIGARETTES NATURAL SHAPE CORK TIPPED MALL ch contest would be of great financial ben- | the | to the | ners of property for a right of way for | “If my party is not satis- | THE SAN FRANCISCO CALL, TUESDAY, MARCH 18, 1902. JUSTICES OF THE PEACE NAME GEORGE S. McCOMB FOR CLERK The Board of Supervisors, in Deference to Mayor Schmitz’s Desire, Postpones Action on the Nomination Until After a Joint Com- COURTS HNE JURSDICTIN Judge Hebbard Decides Against Railroad Comumission. It HE Justices of the Peace recom- mended to the Board of Supervis- ors yesterday that George S. Mc- Comb be appointed to the position of Justices’ Clerk to succeed E. W. Williams, who was deposed by the Mayor. The communication, which was read at the board's afternoon session, follows: To the Honorable Board of Supervisors: We, the undersigned, Justices of the Peace of tne city and county of San Francisco, hereby nominate and recommend George S. McComb for the office of Justices' Clerk of the Justices Court of sald city and county, and herewith respectfully request your honorable board to appoint said George S. McComb as said Jus- tices’ Clerk. JOHN R. DANIELS, THOS, DU} PERCY V. LONG, Justices of the Peace. Comte Wants Nomination Approved. Supervisor Comte made an effort to have McComb's nomination confirmed at once, and his motion on the point was seconded by Eggers. Immediate action was opposed by Brandenstein, who stated that he desired to have an interview with the Mayor before voting on the question. “Your Honor has had our moral sup- port in removing Willilams,” said Bran- | denstein. “and we desire to stand by your action. If you are willing now to approve the nomination, 1 will vote in favor of it.” The Mayor asked that action on the matter be postnoned. “I want to be sure,” said the Mayor, | “that the office will not be conducted us it was under Willilams, and that certain deputies who were removed for derelic- tion of duty will not be restored to their | positions In deference to the Mayor's desire, the nemination was referred to a joint com- | mittee, composed of the Judiciary Com- | mittee and the special committee ap- pointed to effect a settlement of the dis- pute. Lawyers Indorse McComb. The following resolution, signed by a number of attorneys, was also referred to the same committee: Whereas, The pending controversy as to the | office of Justices' Clerk has to a large extent | impeded and even impaired the rights of per- sons entitled to judicial relief in the Justices' court, and Whereas, The prompt and speedy adminis- tration of justice in said court would be sub- served Wy the appointment of a Justices' Clerk in the manner indicated by the Superior Court decision, Now, therefore, we, the undersigned mem- bers of the bar, hereby reepectfully petition for the appointment of George 8. McComb tu the office of Justices' Clerk. We have per- sonally known Mr. McComb in an official ca- pacity and have found him a courteous, con- scientious, industrious and capable offic He possesses every qualification of honesty, com- petency and ability for the position to which we hereby recommend him and we have no | hesitancy in affirming that if he receives the appointment the office will be conducted to | the satisfaction of the public at large, mittee Shall Report Upon the Advisability of Confirming M - Dénies the Motion to Dismiss | I~junction Granted Last | December. Y5 ENGLIGH * FORS00K HER Wife of an Arizona Man Files a Suit for Main- tenance. Jacobson Denies That He Ever Cruelly Beat Better Half. In an opinion covering twenty-one clos ly written typewritten pages handed; down by Judge Hebbard yesterday in the | oil rate case it is decided that the court| has jurisdiction over the subject matter | of the complaint. The point passed upon | | was raised by the Railroad Commission | in 2n argument supporting a motion to| dismiss a temporary injunction restrain- | ing the commission from enfercing its | new schedule of rates. The motion to dismiss was denied by Judge Hebbard, and the demurrer to. the | | complaint overruled. The case will now | | be triead on its merits. | | In his opinion Judge Hebbardssays: | Le Blanc Brings Suit. | | _On_ the 16th day of April, 1901, one John | Le Blanc filed with defendants a complaint | | against »laintiff and other rallroad corpora | tions, alleging that from points in Kern and | Fresno _counties, California, wit: Bakers- | field, Kern River oil district, McKittrick, oil iamrnu. Sunsst oil district, Coalinga and OU | City, crude oetroleum oil was transported by | said’ corvorations to all peints south of the city of San Francisco, and to sald city, with- out rezard to the distance over which the | same was transported, at a uniform rate for | such transportation of 42 cents per barrel, and | that over 42 cents per barrel was charged for | transportation to voints north of San Fran- cisco. Le Blanc also alleged that certain switching charges made by sald corporations | at Oil City were excessive. Thereupon an | order to show cause was fssued and served on | this plaintiff; that plaintiff apveared In sall proceeding, and that on December 2, 1901, de- fendants made an order therein. wittout anv | other hearing exceot upon the petition and | | order to show cause therein, fixing a schedule of rates to be charged for the transportation of crude petroleum oil In the State of Califor- nla. The railroad company claims that the | cost of transportation of oil amounts to 9.2 mills per ton per mile, and that its| rate of 42 cents per barrel, which the commission seeks to reduce, yields an amount.equal to only 8.2 mills per ton per mile. y Would Develop 0il Region. This low rate of transportation the rafl- | road company claims is made in order to develop the oil regions. The reduction | proposed by the commission, the company | claims further, will result in a yearly loss | of ¥72,000 to it. | Continuing, Judge Hebbard says: | Upon many points of the law involved in | such @ case as this counsel are agreed. It is | conceded that where private proverty, such as, railroad property, is devoted to a public use, it is subject to vublic regulation. The owner thereof may withdraw his grant by dis- continuing the use, but so long as he main- tains the use he must submit to the control. Many Points Conceded. o CLERK AND WHO NOW AWAITS MAN NOMINATED BY THE JUSTICES OF THE PEACE TO BE THEIR It is conceded that a State has a right. | through fts Legislature, or through a Board of Rallroad Commissioners duly elected or ap- pointed, to limit the amount of charges by a | raflroad company for tbe transportation of persons and property Wwithin its jurisdiction, and this, whether the act of fixing such charges be judicial, CONFIRMATION BY THE BOARD WILL MODERNIZE PRAESIDIO ROND Company Asks Super- visors for Extensive Franchise. ing streets on which the Market-street Rallway Company has petitioned for | franchises, the Presidio and Ferrles Raflway Company applied vesterday to the Board of Supervisors for a.franchise to operate a streetcar line on the follow- ing streets; ¥ On Eaast street, between the ferry build- ing and Jackson street: on Jackson _street, between East street and Montgomery avenue: on Washington street, between East - street and Montgomery avenue; on Montgomery ave- nue, between Washington and Union. streets; on Unfon street, between Montgomery avéenue and Larkin street; on Unfon street, between | Franklin and Baker; on Baker streef, between | Union street and the north water front: on | Greenwich street, between Franklin, and the cast line of the Presidio reservation: on llejo street, between Larkin and Plerce; Pierce street, between Vallejo and Union; on Franklin street, between Greenwich and Eush; on Bush street, between Franklin street and | Grant avenue! on Larkin street, between | Union and Bush streets: on Grant avenue, Letween Market and Busgh streets; on Dupont | sireet, between Bush street and Montgcmery avenue; on Hyde street, between Bush and McAllister; on Jefferson street, between Ba- ker and the easi line of the Presidlo reser- ation. The present franchise of, the company on streets over which the new privilege | is asked for expires in 1914, but the app!i- cation is evidently intended for an elec- | tric line, as it states that “the company | promises that none but thoroughly mod- | { | With the evident intention of parallel- | ern equipment will be installed.”” The petiticn was referred to the Street Com- mittee, where a lively battle is expected between the rival coripanies who have | applied for franchises to tap the Presidio section and the business district, California Club Election. The incorporation of the California | Club and the election of officers will be held this afternocon. The polls will be opened at half-past 2 o'clock and will be kept open until half-past 6 o’clock. Spir- ited. contests are being made. The reg- ular ticket as pregared by the nominat- ing committee is as follows: For presi- dent, Mrs. George Law Smith; first vice president, Mrs. A. P. Cotton; second vice | president, Dr. Dorothea Moore; direc- tors—Mrs. C. C.Burr, Mrs. E. L. Camp- bell, Mrs. John R. Hanley, Mrs. Lewis A. Hayward, Mrs. W. 8. 'Leake, Mrs. Thomas Magee Sr.; Mrs. R. C. Poultney and Mrs. Hadwen Swain. —_———— Dies Under Chloroform. Mrs. L. M. Butler of 234 McAllister strest died on the operating table in St. Mary's Hospital shortly after noon yes- terday, while chloroform was being ad- ministered to her. She was only 27 years of age and was attended by Drs. R. Lorini of 2720 Sacramento street, and Bailey and Hopper. The medical certifi- cate gave the cause of death as periton- itis. "The Coroner will hold an inguest for the purpose of ascertaining the facts. The hospital authorities informed Deputy Michael Brown that the lady was brought to the hospital last Saturday night “by a man."” ———— | . Flower Gardener Asphyxiated. Francesco Sacchiro, a flower gardener, 23 years of age, was asphyxiated last Sunday night in bed in the lodging-house at 1237 Stockton street. Sacchiro and an- other man came to the lodging-house last Saturday night and took separate rooms. Sacchiro’s companion went away early yesterday morning and a few hours later the door of Sacchiro’s room was forced by the landlerd, and his dead body found in bed. e key of the gas jet was partly turned on. Death is believed to have been the result of an accident. RUN OVER BY WAGON—John Magee, teamster, residing at the corner of Church and Dolores streets, hod all the teeth knocked irom his lower jaw, the jaw itself fractured ond his lower lip severely, lacerated ye afterncon by being run over by his King street. He was thrown from ord retained his hold on the lines wheel passed over his head. n on his ‘seat until the /| here yesterday. OF SUPERVISORS. WATER RATES ORDER ARGUED Judge Morrow Is Asked to Pass Upon Its Legality. The afternoon .session of .the United States Circuit Court yesterday was oc- cupled in the argument on demurrer in the matter of the biil heretofore filed by the Spring Valley Water Works to strain the Board of Supervisors from forcing the water rate ordinance for fiscal year of 1%01-02. M. B. Kellogg ap- peared for the company and George W. Lane, First Assistant City Attorney, for the Board of Supervisors. Mr. Lane argued that the water com- pany could pot raise any question in the Federal court on technical proceedings, because the companmy was a native of California and not an alien. It must ap- pear aiso before the Federal court, he contended, that the property of the com- pany was being taken without compensa- tlon, and upon the face of the bill itself iz shows that the rate of dividend which the company would get upon its- own val- uation of the property would be 18 per cent on the face value of its stock under the new water ordinance, the face value of the stock being $14,000,000. Under the ordinance of 1900, he argued, the company received 4.62 per.cent, and under the pres- ent ordinance a little less than that, and the reduction would not warrant the court ‘in saying that 'the property was being taken without compensation on the city’s valuation of $22,000,000. Mr. Lane argued further that the only reduction made in the present ordinance was in the hydrant rates, the Supervisors having cut the allowance of ?22&000 down Lo $£0,000. Mr. Kellogg responded at length and sald that a good deal more than hydrant rates was involved. There were two comi- peries, he sald, at present supplyjng water by means ‘of hydrants, and it would be impossible for the Spring Val- ley Water Works to divide this compen- sEtIon. not having the requisite knowledge of the affairs of the other company. Judge Morrow took the matter under advisement. LAPOR CANDIDATES STILL LOSING VOTES IN RECOUNT South of Market-Street Precincts Ro- duce Leads Gained by Walsh and Coghlan. In the nine precincts counted in Judge Murasky’s court yesterday each of the eight contestants lost heavily. ' The heav- fest losers were the Labor candidates, whose total losses for (he day' were: Coghlan 62, Reagan 60, Walsh 64 and Finn 67. The Republicans lost as follows: Alp- ers 37, Bent 33, Eggers 38 and Wilson 29. There are still fifty-eight precincts to count. The present standing of those af- fected is as follows: Official = Loss to Present Count. Date. Standing. Alpers 5,80 1246 14,694 Bent 812 1200 14011 15,953 1209 14,654 16517 1124 15,393 15,686 854 4,832 “15,434 890 4,544 .15,886 883 15,003 115,500 867 14,7128 ‘Widow Gets Damages. A default judgment for $4000 was given to the plaintiff by Judge Hunt yesterday in the suit of Maria Pelegrenilli against the McCloud River Lumber Company. Mrs. Pelegrenilll brought suit against the company for $25000 damages. resultant from the death of her husband. He was killed by a fall down a well on the prop- erty of the company in Siskiyou County. IROR A o P LD ot McKinley Funereal Car Here. The Pennsylvania Railroad’s annual ex- cursion train to the Pacific Cecast arrived There are fifty tourists on the train. ‘Of the seven cars one was used to carry the late President McKin- !;{;l body from Washington to Canton, | evi n’%a‘rty will remain hére until Sunday 7 Bekins Ven & Storage Co. calls for house- hold goods, pack and ship.. 030 Market st. © legislative or administra tive; that it is a legitimate exercise of the police power of a State over a business affect- ed with o public interest. This Is supported by all the cases. It _is conceded that defendants, the Board of Railroad Commissioners of the State of California, have such power delegated to- them by the constitution and the statutes of the State. Here the learned counsel begin to differ, and diametrically construe the decisions of the Su- preme Court of the United States in cases in- volving the same, and similar, principles o law as are herein involved. | The single question of law is therefore be- fore this court for determination: has the court jurisdiction to inquire into the reason- ableness of the schedule of rates for the trans- | portation: of crudé petroleum oil in the State of California, as fixed by the Board of Rail- road Commissioners of the State on tke 2d | day .of . December, 1901? and upon the solu- tion of this question depends all of the rulings | asked for by either party. Act of Kansas Arbitrary. A great deal was said in this case about the comparative character of stockyard companies and raflroad companies, as to their doing busi- ness in which the public has an interest, and also as to the measure by which the reason- ableness .of rates of charges should be fixed, but the sole point decided was that the act of Kansas was invalid because it made an ar bitrary classification of stockyards and dis- criminated against certain companies in that business. Other cases from Circuit and State courts were cited by counsel, but as the question in- volved is a constitutional question it will be unnecessary to consider the decision of courts other than those of the Supreme Court of the United States, the court of last resort in this ETELL STORY OF RIGE'S FAT Jury Hears Testimony as to Duncan’s Move- ments. The hearing of evidence for the prose- cution in the trial of Edward Duncan be- fore a jury in Judge Lawlor's. court on | the charge of murdering George W. Rice, | the ron-union machinist, at Twentieth and Howard streets, on October 11, was conciuded yesterday afternoon. Two new | witnesses, were called to corroborate the testimony of Charles C. Wuth to the ef- fect that he saw Duncan shortly before 6 o'clock on the evening of the murder walking backward and forward at La- fayette and Howard streets, and that | Duncan told him he was waiting for Rice, | country. and after two or three cars had passed | Considering these decisions 28 Duncan boarded one, supposed to be the | (uitlo: that this court has full and complete one on which Rice. was riding. Jurisdiction over the persons to and the sub- | Benjamin Schroyier, who keeps a stable | joct matter of this action. and that the com- | at Lafayette and Howard streets, testified | plaint, taken as confessed, for the purposes | that. he saw. Wuth and Duncan talking | of the demurrer, presents a good and suf- | togather. Several cars passed and finally | ficlent cause ofaction, and that the court.is Duncan boarded - one. He .remembered | Warranted in taking such evidence as may the time from hearing of the murder and | be necessary to determine the issues made by | the arrest of Duncan and the others. the parties in their complaint and the answer William D, Stewart was asked as to a | ek heret, The oplection to the court's statementhe made to-the District Astor. | *podietion s averruled. ney to the effect that he joined Duncan above - quoted I am of the temporary re- e DECISIONS BY THE COURT :OF APPEALS United States Judges Order an Ad- journment Until the First Mon- | day in April. The United States Circuit Court of Ap- peals, Judges Gilbert, Ross and Morrow, . handed down five decisions yesterday, and adjourned to meet again in this city on 'the first Monday in April. at 10:30 a. m. Following are the decistons: | R. D. Hume, claimant of the schooner Ber- wick, her tackle, apparel, furniture and carge vs. J. D. Spreckels & Bros. Company—Appeal from the District ‘Court of the United States for the District of Oregon. This was a libel filed on October 20, 1808, in the District Court of the Unfted States for the District of Oregon against the Berwick by J. D. Spreckels & Bros. Company for $850. Decres was cntered in favor of libelant for $300 and | costs. Hume appealed. The decree of the Dis- | trict Court is affirmed. The schooner - Rabert ‘Lewers Company vs. Kamaka Kekanoha—From the District Court of Hawail. Judgment affirmed. | The Pacific Coast Company vs. W. H. Rey- | nolds et al., Northern District of California— Findings and judgment of the court below | must be so modified as to reduce the value of the steamer Corona at the time of the termi- nation of her voyage to $3166 66, and the value | of her then pending freight to $7770. making | the full limit of the petitioner’s liabliity §10,- ln:'l’c;‘w.edanfl’._hn 50 mcdified, the judgment is affirmed. e passage money pending is con- sidered as having been eurned. of = The Union Savings and Loan Association vs. Laurence P. Byrne and Catherine Byrne, h| wife, State of Washington—Judgment ar. firmed. Teresa, Hill ot Railway Compa Judgment affirmed. ——— e Nelson Gots Six Months. John - Nelson . was sentenced to six mnnt.hstlnduw Co\::tychhll by Judge Con- lan vesterday, on the charge of petty lar- | m{i On March 15 Nelson llnlepefls‘yfmm Wil Bateman, a fireman on Ventura. N . vs. the Northern Pacific State of = Washington— The demurrer is overruied. The motion to dissolve the and Wuth while they were talking, and Duncan asked him if he were a member he answered neither,. whereupon Duncan | CARPENTERS AND JOINERS | said, “Then you'll make an Interesting WILL MEET IN CONVENTION spectator.” Stewart had evidently changed e give was'that he could not remember. | | EXisting Labor Trouble to Be Dis- Policeman Thomas- O'Connell _testified \that shortly before 6 o'clock on the even- | Next Thursday Night. Howard street car, between Seventeenth| A full representation of the members of and Eighteenth streets. He knew Dun- | Carpenters’ Union No. 483 was held last can, who nodded to him from the car. h e Dbject of the meeting, which Walter B. Dexter and Detective Ryan,, Street: The o whose testimony was the same as given | brought out a full attendance, numbering at _the trials of Buckley. Moran and.Don- | over 650 active members of the union, was E‘alley were recalled for further examina- | {ng of the brotherhood of all the carpen- tion. j % ters and joiners in this city on next Join J. Flood was examined for the de- | it qday “night at Metropolitan Hall. At o : portance to the brotherhood will be deait with by the principal speaker, J. F. Grimes, and others interested in the work the carpenters of the city. It Is a well | recognized fact that there is and has been discrimination . against the members of tions not directly affiliated with the San Francisco Labor Council. It is to adjust | ihis difference that the meeting of the | | The committee having the arrangements | of the meeting in hand has announced | that none will be admitted who have not precaution is taken to prevent a packed | audlence which might disturb the har- mony of the meeting. i COMPELLED TO SUBMIT ' TO THE SURGEON’S KNIFE | General William H. L. Barnes Is Ope- Throat. General William H. L. Barnes, the prominent orator and lawyer, was oper- at the California Hotel for an abscess in| the throat. The patient is getting on nicely and js not considered in any.dan- of pain Sunday night as a result of the operation, but was resting easily yester- day. some time of an annoying affection in his throat, which proved on medical examin- ation to be a small abscess in the back so much inconvenience last week that o Friday he had to take to his bed. Son day morning his condition was such that to allay the trouble, and performed the operation in the afternoon. ‘ General Barnes, although he has been nervousness and pain attending the ab- scess, is getting on so well that his physi- the ' cians say that In a week he will be able straining order is denied of the Machinists' Union or a “scab,”’ and his mind, as the only answer he would | cussed by the Brotherhood ing of the murder he saw Duncan'on a The other -, Withesses. ‘exatained ' were night at the Labor Bureau on Market nelly. Walter J. Piatt and Detéctive| to make arrangements for a general meet- fense, and the court adjourned till this| this meeting existing matters of vital im- which is at present somewhat disturbing No. 483 by certain other labor organiza- entire brotherhood has been called. ? | union cards to show at the entrance. This AR A rated On for Abscess of the ated on Sunday afternoon at his rooms, ger whatever. He suffered a good deal The general had been complaining for of the root of the tongue. It caused him the physicians decided to use the knife somewhat run down on account of the | to resume his practice, stea | month. | suit for diverce brought b Honora Ada English commenced a suit for maintenance against her husband, Al- len R. English, yesterday. She asks the COLTt to award her $200 per month. In her complaint Mrs. English, who re- sides at s street, alleges that her husband her on thd 12th inst. and went to live with another. woman at the Occidental Hotel, taking with him ss00d ¥ ich received for the sale of a por- tion of community property at Tombstone, z. The money, charges | Mrs. Engl in the vault of the hotel and she asks for a restraining order pre- venting her husb: riotous living a The Engli stone in 159 a: to thi and from spending it in dissipation, mar d at Tomb- dren. They ona last Ar John Jacobson, who is defendant in a Mary E. cobson, filed an plaint yesterday H beat his wife or tre: charges her with The Jacobson marr an advertisement ir paper. Jacobson w : alleges that he asked for ceived a communication fron son, in which she asked him her .at her room. He did leges that when she le owned his own home she pr telling him that she was a 1 keeper and would make him a good wif She evidently did not, for, alleges Ja son, she gof drunk the night of the m ans: cruel rlage. Several times after that, he leges. she neglected to prepare his m thereby causing him great anguist Emma Stierlen, wife of George Stie of the George Stierlen Company, brow; a suit for maintenance against her h band yesterday. She alleges that Stierl of abundant means and support her. Mrs. Stierlen charges sband with deserting her in March 1896. ten years after their marriage. Stie len’s. wealth, alleges his wife, consists o stocks, bonds and mortgages, greatly ex- ceeding $25,000 in value. Divorces were granted yesterday to Jo- sephine Diaz from Benjamin D for neglect, Camden Redinger from Reding: for cruelty. Lillle F. from Wellington D. nd for ecruelty | and Ethel B. Jackson from Francis L. Jackson for cruelty. Suits for divorce were filed by Emma G. Standiford against G. B. Standiford for failure to provide and John Lord against Lillie Lord for cruelty Shenson Surrenders Himself. R. Shenson, for whose arrest a war- rant was secured Saturday by A. Muller, his father-in-law, on _a charge of per- jury for swearing before “Cupid” Dan- forth, when procuring a license last Sep- tember to marry Muller's daughter, Ida that he was over 31 years of age, 'sur- rendersd himself at the Central Police Station yesterday morning and was booked at the City Prison. He was im- mediately released on $1600 bonds accept- ed by Judge Cabaniss. A suit for divorce brought by his young wife on the ground of cruelty is pending before Judge Heb- bard. e Fight Between Waiters. George Dragich and Steve Cerka are waiters in a restayrant at 235 O'Farreil street. Sunday morning at ¥ o'clock they reached the restaurant to start work for the day, when they had some words and Cerka. alleges that Dragich threw a cup at him and cut him on the face with a butcher knife. Cerka secured a warrant yesterday from Judge Cabaniss for Dra- gich’s arrest, on the charge of assault with a deadly weapon. ———— Grand Parlor Delegates. San Francisco Parlor No. 49 has elected the following named as delegates to the next Grand Parlor. that is to meet in San- ta Cruz: J. H. Nelson. R. P. Troy, F. V. Severence and T. J. Hearty. ADVERTISEMENTS. (GREENBERG & GREENBERG 31-37 GRANT AVE., Cor. Geary St. FANCY EMBROIDERED ROBES SILK SKIRTS WAISTS in all desirable textures FEATHER BOAS—RUFF3 LACE TRIMMINGS ALL-OVER GRASS LINENS SILKS HOSIERY UNDERWEA CORSETS GLOVES HANDKERCHIEFS RIBBONS NECKWEAR BUCKLES AND BELTS NOTIONS, Ete., Ete. ' GgEENBERfi & GREENBE 1-37 GRANT AVE., Cor. Geary St. Free Dentis f the Poor. OPEN SUNDAYS AND EVENINGS. Graduates of Dentistry Only. POST-GRADUATE DENTAL COLLEGE, 3 Taylor st., cor. Gelden Gate ave. ) WARNING TO THE PUBLIC! THE WRONG GLASSES WILL RUIN THE STRONGEST EYES. 'Bi GEORGE %m the Ger- man Tt who has been es- tablished at 1071 ““‘:F nearly five years, is in no way connect with a_party ccmns.%mnlves Mayerle & Co. & B Ma 3