The San Francisco Call. Newspaper, April 1, 1902, Page 9

CHERS WL GET INTEREST Supervisors Order Its Payment on Old Claims, TH Brandenstein Charges Civil Service Board With Dereliction. d of Supervisors yesterday ion directing the Audi- | irer to pay interest amount- | on teachers’ old salary de- | November and December, 183, | were rece paid out of the sur-| 1 explained that al- | . oropriation had been made | purpose in the last budget, the | red to be fortified by the| ution before paying the in- | th the Mayor’'s recom- | ition of cashier In the a_salary of $150 per | nce, which | stein ob- holding that | come from the said he had | and learned that print. new position, should T cense Of- er the civil service, t e resigned at the | year. His name was e case,” said Branden- rvice Commission was and so was Tax Col- is unaware of rice provisions Boyle's employment with Mayor Phelan. £ ally passed order- 1 of Clay street, between I . shington street, ttery, and Van Bush and Pine between Vorks was authorized to f terations and additions L Attorney’s office in the Hall e of $3000 was authorized muel Bloom, being the a right of way for the ero-avenue sewer. uditor were di- er from the Assessor’s poll \ account the sum of $3i,- the Tax Collector’s poll account the sum of $147 fund ttorney was requested to fur- rion as to whether the board v real estate belong- and county. | SAYS HUSBAND TREATED ‘ HER CRUELLY FOR YEARS Mrs. Maria Craig Files Complaint for Divorce in Which She Makes Serious Charges. for divorce filed by Maria nst James Craig vesterday Mrs. t her husband has cruelly v dif- ing the iast five years. | rried in London in 1878 and sur, of whom n years. They stody of hildren and 7 a month alleges in her complaint ember. he broke her wrist July-of last year he beat her hy confined to her N WO WeeKs. orce were filed yesterday os against Charles Bai- i Lizzie C. Kelly Kelly, for failure to against William and Matilda Degener Degener, for habituai in- provide. e J S h from John J. Klapperich, vis from Fred intemperance, and from Harvey N. As- — e | PRESS CLUB TO GIVE | ter made it | would B0AR0D CRENTES ) NEW PLSITION Will Employ an Expert to Investigate Cor-. porations, California-Street Railroad Ap- plies for Another Franchise, The ordinance zuihorizing the appoint- ment of an expert bookkeeper to the board for the purpose of assisting in mzking the yearly investigations into the affairs of light and water compa- nies was passed to print by the Board of Supervisors yesterdey. Braunhart urged the passage ordinance on the ground that the char- the duty of Committee to inquire specifically the financial condition of rations. Braunhart said that an expert Was necessary to -ascertain the true amount of the:r operatirg expenses and also the actual sum expended by them in improvements. Wynn opposed the®creation of the po- sition because he sald no better results be accomplished in securing in- formation from the Spring Valley Wa- ier Company and other corporations by the employment of an expert than had Dbeen done in the past. The California-street Rallway Com- pany applied for a franchise for the term of twenty-five years to construct and operate by electricity, with modern appliances, under such reasonable con- ditions as the board shall prescribe, street rafllway beginning on_ Chestnut street at the line of the Presidio Reser- vation, running thence upon and along into > regulating the temporary | Chestnut street to Steiner street, thence | et by building materials ' Upon and along Steiner street to Green | street, thence upon and along Green street, to Franklin street, thence upon and along Franklin street to Pine street thence upon. and - along Pine street to Hyde strect, thence upon-and along Hyde street to O Fcrrell street, thence upon and along O'Farrell street'to Jones street, In the petition James B. Stetson, pres- | ident of the road, declares that the con- struction and operation of an electric railway upon the streets named would be in the public interest, and the elcctric street railway is to be operated in_con- nection with the present railroad of the petitioner and to transfer to and with the present raflroad at all points where it_crosses or meets said railroad. The Public Utilities Committee wae di- rected to include in the declaratory ordi- | nance for public improvements the prop- osition of the construction of a new county jail on the site of the present Cl'(mmy Jail on Broadway, or on a new site: The Sutro Railway Company was re- quested to pay 2 per cent, or 5 the gross receipts for 1301 into the city treasury The idth of southerly side o the } Fulton street, from Pirst avenue 1o the great highway, was | | ordered fixed at fifteen feet. The proposed anti-poker playing ordi- nances were referred to the City Attor- ney for his opinion as to the power of the Supervisors to enact such legislation. SIS MAHONY THFS HIS Pi All is not running smoothly in Cbunty Clerk Mahony's office, and there are ru- mors rife around the City Hall and in po- litical circles that there will be a startling eruption in the near future. It has been confidentially whispered for some time past among those who are in a position to know that all of the clerks appointed by Mahony are not drawing their full salaries and that a portion of their pay is'being held back In order to pay political debts. No definite charges, however, were made until yesterday, when Chief Clerk Frank French asserted in the presence of ex- Assemblyman Willlam Guilfoyie and J. B. of the| the Finance ! the corpo- | sidewalks on the | THE SAN FRANCISCO CALL, TUESDAY, S AKLAND, March 31.—Under the stress of an insane jealousy and a belief that his vietim had be- trayed a friendship formed thirty years ago, Thomas Devine, a , Southern Pacific section foreman at Edge- wood, Siskiyou County, shot and killed John J. O'Connor, an old railroad em- ploye, at a pumping station a short dis- | tance north of Shell Mound stagion, on | the main line, at 11:30 o’clock this morn- ing. Masked with a smudge of burnt cork over his face and armed with two .loaded pistcls, Devine came upon O'Conner, who was chopping wood. Not a word was spoken. The pistol-wielder fired two shots, one bullet plowing into _O’Connor's head. He sank to the ground, the mur- derer gazing at him. The dying man i —4 | | | \ { + | | could not recognize his assailant;- the ihlnckenod features giving no “sign .of identity. . 2 James Welch, a race trdck guard, was | first at hand. He heard the shots, rai’ to ! the tank house and took Devine in charge. He held one pistol in his hand. The other. loaded weapon was in the mur- | derer's pocket. Assistance was sum- moned, but O'Connor lived only half an hour. He made a dying statement, which 18 as follows: 1, John O'Connor, knowing I am about to | die; say that I was shot by a man unknown to me, without any provocation whatever. Those who witnessed the statement were Willlam Atkins, 219 Pacific avenue, Alameda; A. Rels, George Vuish, 1270 Twenty-sixth street, Oakland. and C. E. Angell, 102 Sixty-third street, Oakiand. They had gone to the scene as soon as APRIL 1, 1902 (o} 9 MURDERER GIVES REASON FOR. CRIME WHICH HIS DAUGHTER SAYS IS FALSE Thomas Devine of Siskiyou Shoots and Kills John O’Con- nor Near Old Pumping Station Beyond Shell Mound. Says in Defense Victim Destroyed Happiness of Home m; g s £ PMARRLED I Driséisses T i | Bonner that $50 of his salary had been JINKS | taken from him. He declared that this| amount was added to the salary drawn | to entertain in its| by Willlam Deane. the former County o-night with an April | Clerk and at present a register clerk un- e ited mumber of invia. | der Mahony. When French made this as- | en issned. and, & dance | Sertion he appeared to be very wroth at | s have been issued. and, in accordance | 11, manner in which he was being treated | i the rule which provides that ladies | 1\° Mahony, and is said to have threat- | ved at the newspaper men’s place | ened dire vengeance when he meets his | ement once & year, the fair sex | superior to-day. He declared Lo Gullfoyle | elcomed. A sextet of native &nd Bonner that he was performing U N eoging {he sweet songs of the | uties ~of chief clerk, “While William AN “APRIL FOOL” Ji d b pl the shooting occurred. sistance and was taken to the County satisfaction at the death of his enemy. my happiness, and for thirty years has tween me and my wife and I have been Daughter Contradicts Devine’s Story. Devine submitted to arrest without re- ail. Coolly and quietly he declared his “I killed him and 1 am glad he is dead,” eclared the murderer. *“He has ruined een my mortal enemy. Heé came be- lanning his death for years.” Strange is the narrative of this aveng- : Deane was receiving the salary. French | and playing upon reed in- | geciared further that he was not even al- | Jowed his salary warrant until he con- sented to the deduction in favor of Deane. French subsequently denied that he had such declaration, but admitted that he was not satisfied with the way in which he was being treated. Although it was rumored that some of the clerks’ salaries were being shortened, supply dance music and of the evening. | Harry Hermsen, | Frank Lincoin, Stuber, the banjoist. from the Orpheum; Tom | rtman and Harry Cash- 3 the i, and John C, Piver, | | made an dialectician, are on the pro- | it was not suspected for a single moment ttle Miss Kathleen Parlowe, | that French was among the sufferers. It prodigy violinist; Mre. Henry O. Best, | 18 known that it was chiefly due to r singer; the Press Club Quartet, | French's influence that Mahony received € Miss Gladys Montague of the | the nomination for County Clerk. Both #ries,” in her_ dainty dances and | in the convention and after Mahony's songs; Mrs. “Jack’ Wilson, George | name was placed on the ticket French dsberger and George e billed to appear, and in | and it was supposed that he would at jinks bids falr to sur-|least treat French in a fair manner. us effort of the bohemian | French's friends are very indignant over this direction. Refresh- | served in the jinks room | treated, and some of them have gone 80 | far as to declare that they will call the imore Leffingwell of the en- | County Clerk personally to account. — —e—————— tee will be in charge | ich will be sired by | EASTERN STAR CHAPTER GIVES “FOLLY PARTY” . B. Hebbard. Object to Paying Double Tax. | 1t was “folly night’ at Golden Gate T the Bank of California | Hall last evening, because Golden Gate ¥ to recover $12,187 % paid | Chapter of the Order of the Eastern Star, taxes on the bank’s fran- | the mother chapter of the order, gave a before Judge Sloss yes- | “folly party” there. The hall was prettily be tted on briefs. | decorated with festoons of various colors 3 1 Garber, who appeared for | and evergreens, and a counter effect was tiff, raised the point that as there | produced by the display of many gro- aber of private bankers doing | egque figures. = Colored calelum lights ® nd therctore do. mot par Sors | were also introduced during the dances e tax the levying of a tax on the | to put the many maskers into various hich have a franchise is an in- | shades. There were more than three hun- He pointed out the fact that the | dred in mask and fancy costumes, and owners pay a private tax and arc | many of the latter were very rich and ddition for the privilege of | elegant. v There were ladies and gentlemen in court dresses of the olden time, modern swells, policemen, “follies” of both sexes, great dames and Red Cross nurses, Ru- bens from the country, but none of the | Weary Willie stamp; Chinese men and women and Gelsha girls, the clothespin girl and many others, who made up a Very pleasing aggregation of costumes suited to the idea of folly. The grand march, which was viewed by several hundred people in the gallery. was led by Mrs. Mary Fahrenhoitz, the worthy matron of the chapter, attired in & rich Roman gown, and A. Robert, the fioor manager, who figured as a student, with gown and mortar-board. This party, exceedingly well gotten up and carried out, was one of the most pleasant social functions that this pro- gressive chapter has ever arranged for fts members and friends. It was under the direction of Mrs, Katherine C. John- son, Mrs. Clara S. Foltz, Mrs. A. S. Hub- barda, Mrs. A. Ferson, Miss Loulse Stev- enson, Miss Daisy Pabst, Miss ~Adah Lunne, Mrs. E. Deininger, Mrs, Kate Har- ker, H. Schumacher, A. Roberts, W. Ir- vin, Dr. M. Seeley and J. Mitchell. Noted Sleuth After Dimmick. United States Secret Service Agent W. subn will | FOOD AND NEURALGIA. The Right Food Will Drive It Away. GRAPE-NUTS. food cures neuralgia and many ases if it is the right kind of aken regularly, for the proper will surely rebuild the cellular tis- d build the right kind of cells in- seased cells. When the re- is under way the disease leaves. the fact and the base of the re. There are hundreds of thou- cases to prove the truth of this Cise nds of in Delaware, Ia., Mr. Thomas says: “My wife has been greatly with peuralgia and has never ny medicine that would cure her. told that if she could be fed on s Breakfast Food for a time en probably get well, so we|J. Burns arrived from Washington yes- a 1 Grape-Nute. Within a very | terday to assist in the prosecution of short time Wife became entirely free vg:n‘:’r Nmmm::chk;::nn";he- analctmb:m o charging him and embez- from pain and is now, to all appearances, Siing $3600 from the United States Mint, entirely cured of her trouble. oA X ns is one of the ablest and best We cannot find words to express our I‘l‘:roanuZI.Lhe secret service men. He was eppreciation of the beneficial results from | detafled to assist Chief Wilkiz l%‘u.rdln‘ thie greatest food in existence, Grape- | the person of Henry of Prussia on Nuts.’ his visit to the United States. 1 worked incessantly to have him elected, | the unfair manner in which he has been | ing husband. But it {8 met with the flat- | test kind of denials by his daughter, Miss | Mary Devine, a student at the Univer- sity of California, and residing at 2217 Fulton street, Berkeley, who says her | father has for years suffered from at- | tacks of insanity, and that his tales of o+ SHADOW OF THE SOUTHERN o~ AGED PRINCIPALS IN THE TRAGEDY ENACTED WITHIN THE PACIFIC RAILROAD PUMPING STA- TION AND A DIAGRAM OF THE SCENE OF THE MURDER. But I going to for a while and I went to Ireland. came back and rejoined my wife, Edgwood. O'Connor was there once, but 1 ordered him out of my house. Three years ago I came to Oakland to look for him. I went to Mrs. ———— Sheriff Rogers’ custody until District At- torney Allen has decided what shall be i done with them. They are inclosed in sealed envelopes, but Devine has an inco- herent recollection of their contents. This is not the first tragedy the old vagaries of - | 0'Connor and had a long talk with her, but ‘L':‘flcd,fimmymf. T b O'Connor was then -working In Arizona or | PUMPINg station, where the murder oc- | 2 Texas, and 1 lost track of him. Lately I | curred, has witnessed. Less than two | “'From the O'Connor family comes the similar firm and positive expression of | their unbelief in the utterances of the | jmprisoned slayer of his old-time friend. eorge Walsh, an employe of the West- ern Carbonjc Acld Gas Works, a witness | Lo the shooting, said: The shooter's face was all blackened when | he stepped around the corner and shot O’Connor at the woodshed. He fired one shot Into the back of his head, and then another as O'Con- nor was falling. I saw the mah walk away with his gun in his hand. He started down the track toward Shell Mound, and saw me He said: I've been behind the fence at the works. ey killel the " —as a <, looking for him for twenty years. Officer Welch, of the racetrack, came up then and took charge of the man, Who handed over his pistol to the officer. Others came | wlong and took the man away. | From faraway Edgwood, in the heart | of Siskiyou, came Devine Sunday on mur- home, telling his wife and his daughters Josie and Kittle he was going to Sisson to have an aching tooth extracted. In- stead, he borrowed $60 from Harry Pat- terson, an Edgwood hotel-keeper, and boarded the southbound traln, arriving bunday evening at San Francisco. Stop- ping over night at the Cosmopolitan Ho- tel, Devine made preparations for his erime. He wrote several letters, one to Patterson, telling him to secure from the rallroad paymaster the money he had ad- vanced, and another to Occidental Lodge No. 6, Ancient Order of United Workmen, glving instructions about his burial, for Pevine says he intended to commit sui- cide-as soon as he had killed O'Connor, but he was too auickly arrested. Blackened Face as Disguise. “Let some good brother see that I am cremated and my ashes scattered off the ferryboat between San Francisco and Oakland,” wrote Devine to his lodge. Devine made the following statement: This morning 1 bought two pistols, loaded them, and ih my working clothes, just as I am now, went to Shell Mound. had located O'Connor at_the pumping station and was ready to put an end to him. 1 went down to the beach, and at the water's edge black- ened my face 60 he would not recognize me. Then 1 went over to the tank. O'Connor was | behina a pile of wood, stooped over, cutting | with_an ax. Twice I fired into his head, and | he dmgped. I stood there ready to put a bullet Into my own brains, when the men came and stopped me. There he lay, the destroyer of my happimess. For thirty years he had been in my thoughts and now the time had come for me to settie all scores. He is dead? T am glad of it. - Thirty-five years ago Kate Flynn and my- self were married in New York. I was then & young man, she a Tfl of 22 years. We came su ago, when we lived in Oakland, T he tb: learned that he was in Oakland, and then I determined to come after him. 1 told O'Connor of my grievance twenty years ago, and he only laughed at me, but I Eot him at last. The last time 1 came here to look for him I wore blue glasses, but this time I had my- self well disguised. I didn’t want him to know me, and he didn’t. ‘Well, he's dead. We will let the law take its cou 1 am ready to g0 to the gallows with my conscience clear and I am prepared to_meet my Maker. Why, this man O'Connor had a mania for wrecking homes. I could tell of three or four families he has ruined. But. I have said ' I put him out of the way, glad it's done. No lawyers, nor any fight for me. If 1 must pay the penalty I can go to my grave peace- tully. Dead Man’s Boy Makes Statement. Such is the story of Thomas Devine in wite is prostrated with sorrow and there are eleven children at the home, 5579 Fre- mont street, Golden Gate, who cannot fathom the circumstances surrounding the killing. Frank O'Connor, one of the children, had this to say: My mother and father knew the Devines years ago in Nevada, when both men were working on the raliroad. ~There father and mother were married, and some of us chil- dren were born there. Mr. and Mrs. Devine are godparents for my cidest sister, and Mrs. Devine is godmother for my eldest brother. The last time father and Devine ‘were to- gether was at Edgewood, about nine or ten years ago, when Devine was section foreman under father, who was. roadmaster. Sinece then we have not known much about the fam-" fly. 1 remember that about three years ago Devine came to our house and saw mother. There is absolutely nothing in his charges. Father was a steady and a hard-working man, honest and of the best reputation. He has lived in this city many vears and never was accused before of wrecking anybody's - home. Devine is surely insane. I cannot explain (his tragedy in any other way. My mother epcke this afternoon of Devine's visit here three years ago. I mever heard tather speak about Devine. “My father has had recurrent at‘acks of insanity for several years,” sald Miss Mary Devine at the County Jail. “It is this condition which has led him to imag- ine these te.rible things. In truth and fact there {s absolutely no foundation in the slightest degree for his delusions.” esides Miss Mary Devine there is a son in San Francisco, Cornelius Devine, who is taking a course of study at the medical department of the University of California Affiliated Colleges. The other children llving are Misses Josie and Kittle ‘would commit suicide when they heard what %, years ago—June 27, 1900—John W. White, the pump tender, committed suicide in the presence of O'Connor, who succeeded to the suicide’s vacant place. White had been there many years, but drink mas- tered him. One day in a fit of despond- ency he took strychnine while talking with the man who lost his life there to- day. Before' relief could be given White died. Another life has now gone out at that place of death. O’Connor's reputation among the rail- road men is good. He has been section foreman and roadmaster for many years, both on the Southern Pacific and on the Atlantic and Pacific roads. The O'Connor children -are Mrs. Minnie Felis, Southern Pacific station agent at Fruitvale; Pat- rick, Frank, Margaret, Joseph, Catherine, Nellle, Charles, Vincent, Aloysius and William, the lagt named aged § years. Mentally Unbalanced for Years. bent. A tall, muscular, hardy man | his role of avenging husband. It is quite - ey carrying his sixty ~years firmiy. | a different explanation which comes from | Policeman David W. Swain, night jailer Clad in his working garments he left | the family of the murdered O'Connor. The | @t the City Prison, knows both O'Connor and Devine intimately. having employed them for years when he was roadmaster on the Central Pacific Railroad. Jailer Swain said to-night: Devine, in my opinion, is insane. I knew him well twenty-five vears ago, when I was with the railroad in Neveda. He has no ground whatever for his grievance. Mrs. Devine is a good. honest, upright woman, She struggled as hard as he did in the early days of rall- roading to bring up their family. What pro- duced his hallucination I cannot imagine. I well remember when Devine went oft to Ireland fifteen years ago. He slipped away, after drawing $3000 from the bank. and was having & good time. Mrs. Devine followed him across the ocean, brought him to his senses, and he returned with her. 3 C'Connor wasn’t the kind of man to ruin any one's home. He was under me for several years on_the old Shell Mound section. Devine was a splendidly educated man, and he prid- ed himself on the liberal training he has given his children. His wife ig as devoted a woman to her family as a wife and mother could be. For a number of years Devine has been subject to perjodical spells of dementia. His family has known of his mental dis- turbances, but has tried to keep his condi- tion a_secret among themselves. Such is the information which was gleaned from friends of the Devines. But none of them had believed that the trouble would reach a serious stage. An autopsy was held to-night by Dr. A, F. Childs and Dr. Woods, the examina- tion disclosing that both of Devine's shots took effect. One bullet was found O'Connor’s head, the other one beln, cated near the stomach, the missile hav- ing entered the back. course of the bsgu showed that Devine shot O'Connor from behind. The dead man could not have seen his assailant approach in time to have defended himself. West, and at last I settled on the Central | Devine, who reside at Edgewood with uest will be held at 8 o'clock E it S e T B e i e X et ), y - e Devines live wenf ears 0 a 1 ine is a scho: nor. He and r!r;}:;n‘cmmmn. his present | 861 Campbell street, West nilnnd, mvgvhlch .(M li!';xgl%.o;. She is a mdu:{e‘:;eltl;: ::L:a m % l’;xl.tha “:IlA our home. My wife Det‘t’m scl:em ;vbv:fi,':vri:& the next door Osk}and‘ Hl;ra th&gl.sg : GN Unmrg of co! e, > 'ornia and o e Normal It was & ghort me atterward when 1 first | “Beviiic "said he was afraid his children | S g To ! torles which aroused me. 3 he had done. In his letter to Pat- L e St it s | S Be g, Satoad, 3 Noll an o | SR iR S Bt B, A . t she told me I will never reveal. We separated | Josfe. . The lcgterl were given over w]',':unmtmmn;tm mmn’;y. 3 WANT ANDTHER LIBRARY SITE Supervisors Oppose Se- lection of Lincoln School Lot. Consider Ordinance to Provide for New City Hos- pital. Considerable opposition developed in the Board of Supervisors yesterday against the recommendation of the Public Utili- tles Committee that the Lincoln-school site be selected whereon to erect the library building donated by Andrew Car- negie. Brandenstein held that the Lincoin- school site was inappropriate for a public library both from an architectural and economic point of view. He argued that the library should be in a more remote locality. Comte’s motion that the Clty Attorney render his opinion as to the right of the board to transter school properties for other purposes was adopted. ‘Braunhart objected to turtner delay, say- ing that the people were dissatistied with the dilatory action of the board regarding bonded improvements. Brandenstein heid that the people should be permitted to vote .on the proposition, as they were the supreme judges as to whether it was ad- visable to acquire a site for the purpose. Should the Fifth-street site be selected, Brandenstein said, the people would be prevented from expressing their will at the polls. e Action was then postponed on the ordi- nances transferring from the school de- partment to the Public Library trustees the Lincoln-school 1ot on Fifth street, 100 | by 275 feet in area, as a site for the library donated by Andrew Carnegle, and also the lot on Sixteenth street, between Noe uind Sanchez streets, for a branch library site. The resolution providing that in the preparation of the budget for 1902-1%03 a sum of money, not to exceed 7}% cents on each $100 valuation, be set aside outside the dollar limit to begin the erection and equipment of a city and county hospital, was referred to the Joint Committee on Health, Finance and Judiciary Commit- tee. The resolution pledges the board to appropriate in the budget of 1903-19%4 an | additional sum, not to exceed Ti% cents, | to_complete the erection of the hospital. The Mayor was authorized to purchase a tract of eight acres of land in the Bay View district for $8000 for a pesthouse site. The resolution on the subject re- quires that a right of way be secured for a sewerage system and water pipe line and exacts the gift of a lot of land, 25 feet by 100 feet In area, for the purpose of a water supply. The board passed to print a new ordi- nance making it unlawful to maintain or to cause to be erected fences exceeding ten feet in height. The Fifth-street Improvement Club's petition that Fifth street, between Fol- som and Market, be bituminized, was re- ferred to the Street Committee. ———————— Match Game of Ball. The Santa Clara College nine and the | St. Mary's College team will play a matéh game of baseball at Recreation Park on Thursday afternoon. FOOTRALS OB OAKLAND AN Two footpads armed with revolvers held up Herbert Cramer, an insurance clerk, at the corner of Pine ard Battery streets at 8:45 o'clock last night and robbed him of $40. Cramer had just left the’ office of George H. Tyson, on San- some street, near California, where he 1s employed, and was hurrying to catch the Oakland boat. As he reached the corner of Pine and Battery streets two men suddenly jumped out In front of him, and shoving a pistol under his nose ordered him to throw up his hands. The com- mand was instantly obeyed. One of the robbers then threw one arm around Cra- mer's neck and pressed the muzzle of a robber rifled the victim's pockets, They took Cramer’s money but overlooked his gold watch and chain. After relleving the young man of his coin the highwaymen ordered him to move on. hen Cramer arrived at his home, 590 Sycamore street, Oakland, he telephoned to police headquarters in this city and unable to footpads. TROUBLE MAY ATTEND THE RUSH FOR HOMES LOS ANGELES, March 3L.—Although there will be no. excitement at the local Land Office regarding the San Jacinto Re- gerve opening to-morrow at 9 p. m., there may be trouble at the scene of the rush. ve & good description of the r;fmned the robbery, but was | DALTON LOSES - POLLTAX FEES Assessor Must Turn Into Treasury Unlawiul Commissions, Judge Ogden Gives Decision Along Lines Followed by Supreme Court. Oakland Office San Francisco Call, 1118 Broadway, March 31 County Assessor Dalton must turn {nto the county treasury all but $2100 of the fees he has retained since 1598 for collect- ing the poll taxes of this county and fur- nishing the city of Oakland with assess- ment rolls. In other words he will have to dig down into his pockets and bring forth $5578 % that he has been found to have unlawfully diverted into those pock- ets. Mr. Dalton will have to do this because Judge Ogden handed down a decision to- day in which he finds that the law does not authorize him to retain fees for col= lections or charge more than actual cost for assessment rolls. Judge Ogden's decision is in line with the one recently rendered by the Supreme Court in the case of San Francisco against Assessor Dodge. There it was held that the retention of fees was un- lawful. Prior to 1897, Judl%a Ogden finds, when the county government act was ps h the Assessor was paid a gross salary for his work as Assessor and 15 per cent for the collection of poll taxes, besides fees for any assessment books that might be furnished cities. Sectjon 4334 of the Political Code de- clares that all fees must be turned over to the county treasury. Section 148 of the county government act, that was enacted in 1898, permits the Assessor to charge for the actual cost of making the assessment rolls, and he must flle a sworn statement as to the exact cost. Section 160 of the same act fixes the salary of the Assessor at $4000, and declares that “no compensa- tion shall be received for the collection of poll taxes.” Section 216 of that act says salaried officers shall turn into the county treasury “fees now or hereafter allowed by law in all cases, except where specific. ally allowed.” “‘There is no doubt that it was the in- tent of the Legislature to fix the salary of the Assessor as a full requitement for his services,” Judge Ogden says. ‘“The defendant claims that there is a conflict between sections 216 and 160, but If thac is so the later one controls, and so thers is nothing in that. It simply means taat the salaries provided in the act shall be full compensation for the services of the Assessor.” In conclusion Juge Ogden finds that the county is entitled to a judgment for the commissions and fees retained by Dalton, less the cost of making the rolls—at $3100. The fees collected by Dalton were 15 fir cent of $25,136 worth of poll taxes that were collected in 1900, amounting to $3769 95; the sums of $1933, $1064 and $912 that were collected from the city of Oak- land for furnishing the assessment roils for 1899 and 1900. As the Supreme Court has held that _the Assessor connot collect commissions Dal- | ton is likely not to attempt a reversal of Judge Ogden's decision on appeal. His salary, by stipulation, has been in abey- ance for several months, as the county government act prohibits the payment to an official of his salary until he has turned over all fees on the st of each month. This Dalton has not done for several years. BODIES WILL REST SIDE BY SIDE AT FRESIDIO Funerals of Late Colomel and Mra, Pope Will Be Marked by Mili- tary Pomp. The funeral of the late Colonel Benja- min F. Pope and Mrs. Pope will be held jointly to-morrow afternoon at 3 o'clock from the post chapel at the Presidio. Militery honors will be (pald the memories of the deceased officer'and his wife. ‘The pallbearers who will follow te re- mains of Colcnel Pope will be Colonel Middleton, Colonel O'Reilly, Major Raf- ferty and Colonel Hall of the Medical De- partment and Captain Rumbo. The pall- bearers for Mrs. Pope will be W. A Veitch, Captain James O. Bradford, John pistol against his temple while the other | L YA T S von Radeski. Chaplain McComber, U. 8. A., retired, and Chaplain Esterbrook, who_attended Mrs. Pope on the transport Kilpatrick during her last hours, will officiate at the services, both at the post chapel and the National Cemetery at the Presidio, where the remains of the late colonel and his wife will be laid at rest, side by side. —_———— MINING SUIT TRANSFERRED TO UNITED STATES COURT Three and a Half Millions Demanded as Share in Proceeds of Claims. The suit of the Utah-Nevada Company s. Joseph R. De Lamar was transferrad from the Superior Court yesterday to the Uniteq States Circuit Court. The com- For two weeks seven substitutes have oc- | cuplied chairs in the Potomac Block, where the Land Office is located, under salary, it is said, from an o ization of River- | side men. These will early to-morrow | morning give way, when the applicants | will take their places In the line. It was supposed that the Riverside men were safely in first place for the selec- tion of land, but a general alarm was sounded last evening when it was dis- covered that a number of men had gath- ered at Cochella, near Waters, Riverside County. These propose to “rush” at mid- ‘night to-night and squat upon the choicest of the reserve. The Riverside men, who ; already have expended several hundred dollars to hold the first seven places, have dispatched men to the San Jacinto Re- serve and will “rush” as well as regis- ter. plaint recites that Isaac E. Blake, on April 10, 1834, was the owner of a contract for the purchase of mining claims and real_property in Lincoln, Nev., known as the Monitor, Jim Crow and the De Lamar, and that the defendant and he formed a copartnership and purchased the mines named. Blake subsequently sold his in- terest to the Utah-Nevada Company. By the terms of his partnership contraat with De Lamar, Blake was to recelve 49 r cent of the proceeds of the mines. It P:alle ed that De Lamar has turned only 44 out of $7,000,000 taken out the mines. The complainant asks for an accounting and $3.422,636. that amount be- ing 49 per cent of the aileged proceeds. —_——————— Musicians Win a Vietory. Union musicians have won a victory in the recent passage of an act by Congress prohibiting any enlisted man of the army or navy leaving his post to cogage In any pursuit in civil life which would thereb: confliet with civilians en in suc calling, The main object of the act is to prevent military and naval bands cos peting with civillan musical organizations. —_———— Licensed to Marry. OAKLAND, March 3lL—Licenses to marry were issued to-day to John Mac- Gregor, aged 24 years, and Jennie Schnei- der, aged 19 years, both of San Francisco; Willlam Falke, over 21, and Louise Per- kins, 18, both of San Francisco. ADVERTISEMENTS. RUTCH-BOUND The crutch is a poor substitute for legs, and affords a very inconvenient and tiresome mode of locomotion —there is no more pathetic sight than a person slowly and painfully moving along the street supported by these artificial limbs. When Rheumatism settles in the bones and muscles of the legs, it is safe to predict that the victim will eventually become helpless and crutch-bound. The corrosive, irritating matter tha.t is deposited in the joints and muscles causes the most intense pain, the knees and aniles swell, and when the natural oils and f that lubricate these parts are completely destroyed the joints become locked and the muscles drawn and stiff, and crutches a necessity. Theacid poisons that produce rheumatic pains form in the blood, and are distributed through the system, and lodged in the arms, shoulders, hands, back and feet, or other of the body—resulting often in total disability. A ent cure of Rheumatism can be effected only by a mplm cleans- ing of the blood, and no other remedy sosurgly.ammplishea thisas 8. S. S. It neutralizes the acid effects, purifies and‘mv:gmtes the stagnant blood, and the gritty particles are washed out or dislodged n-racked sufferer. S. S. S. leaves no morbid, irritating matter inrthe blood to reunite and produce another attack, but expels every atom of it from the digestion or general health like alkali or potash advice or other information is wanted, our physicians will gladly furnish by the new rich blood, and relief comes to the . 8,88 isa vegetable remedy, and does not impaif the system purely ' it without charge. THE SWIFT SPECIFIC CO., ATLANTA, GA.