The San Francisco Call. Newspaper, October 16, 1902, Page 8

ThemlmiznaCall. THURSDAY..................OCTOBER 16, 1902 JOHN D. SPRECKELS, Proprielor. PRI S S-S SEUUTCTTS Address All Communicctions to W. S. LEAKE, Manager. A A A A N + #Ask for THE CALL. The Operator Will Connect 4 You With the Department You Wisk. PUBLICATION OFFICE...Market and Third, S. F. EDITORIAL ROOMS.....217 to 221 Steven st. Delivercd by Carriers, 15 Cents Per Week. Single Copies, & Cents. Terms by Mail. Including Postage: DAILY CALL (including Sunday). one year.. ...50.00 DAILY CALL (including Sunday), ¢ months. . 8.00 DAILY CALL (including Sunday), 3 months L2 /- SUNDAY CALL, One Year.. WEEKLY CALL, One Year. All postmasters are { subscriptions. | Sample coples will be forwarded when requested. Mail subscribers in ordering change of address should be | perticular to give both NEW AND OLD ADDRESS in order to insure a prompt and correct compliance with their request. OAKLAND OFFICE... +..1118 Broadway C. GEORGE KROGNESS. J Manager Foreign Advertising, Marquetts Building. Chicage. (.ong Distance Teiephone “‘Central 2619.") NEW YORK REPRESENTATIVE: STEPHEN B. SMITH 30 Tribune Buildiag NEW YORK CORRESPONDENT: C. C. CARLTON. ....... vessees.Herald S TORK NEWS STANDS: A. Bréntano, 31 NEW Waldorf-Astoria Hotel; Murrey Hill Hotel. CHICAGO NEWS STANDS: Sherman House; P. O. News Co.; Great Northern Hotel: Fremont House; Auditorium Hotel. Tnion Square: BRANCH OFFICES—3527 Montgomery, corner of Clay, open | until 9:30 o'clock. 300 Hayes, open until 9:30 o'clock. 633 | MecAllister, open until 9:30 o'clock. 615 Larkin, open uniil | 9:30 o'clock. 1941 Mission, open until 10 o'clock. . 2261 Market, corner Sixteenth, open urtil 9 o'clock. 1096 Va- | lencia, open until § o'clock. 106 Eleventh, open until !I‘ o'clock. NW. corner Twenty-second and Kentucky, open | until ® o'clock. 2200 Fillmore, open until ® p. m. | sional District there is no shadow of doubt JAMES McLACHLAN., W concerning the re-election of the Hon. James McLachlan. They know when they have a good man to represent them in Congress and uphold their interests as well as the general welfare of the State and the nation, and they are not likely to set him aside for 2 new 2nd untried candidate. The Seventh District contains as its metropolis the am- bitious city of Los Angeles, and Los Angeles de- sires prestige at Washington. Her people wish a Representative who has influence and leadership in the House, and they know that McLachlan has them already to a great degree and will have them to a still greater degree in his future career. ITH the voters of the Seventh Congres- | The Seventh District has many important indus- | tries whose welfare 1s dependent in a large measure upon the Republican policy of protection. The cit- rus fruit industry is but one among these, and yet upon it alone the prosperity of thousands of the peo- ple of the district is staked. The election from that district of a man who would favor tariff revision, cven if he made a reservation in favor of protection 1o the industries of his immediate constituents, would be disastrous, for wher once a party in favor of tariff revision gets control of the House there is no telling what American industry will be safe. The Seventh District would suffer with the rest of the country. That much is undersiood by every intelligent man, and consequently even among the Democrats qf the district there will be many who in this election will cast their votes for McLachlan and protection. One of the salient features of a Republican ad- ministration of national affairs is the existence of a large surplus in the treasury due to the excess of aeceipts over expenditures. Out of that surplus it is possible under Republican control to provide lib- erally for internal improvements. The Seventh District needs such improvements. In particular they are needed for the improvement of San Pedro . harbor in order that the growing commerce of Los Angeles and her contributory country may have a convenient and adequate port of entry and depar- ture. To obtain such appropriations the national finances must be maintainkd at the present standard, and that is another argument for the election of a Republican House oi Representatives. Protection and prosperity are good things, but they are not enough to secure the whole interests of any particular district. The theory of our representative government is that the people of each district shall send to Congress a man capable of looking after their local claims upon the Government. It is the duty of the people of the different districts to do that. Ii they fail to do so, znd for any reason elect an in- competent man. to the.House, the penalty will fall upon them and the fault will be theirs. No district has a right to expect the representative of some other district to do its special work. For the main- tenance and advancement of its local interests at the national capital it must rely mainly upon its own Representative. Thus it becomes the duty of each gistrict to send to Wzshington an able and influen- tial man, and in that manner the membership of the House is kept up to « high standard. Mr. McLachlan is one of the’members of the pres- ent California delegation in Congress who has estab- Jished himself among the influential men of the House. He has successfully passed his novitiate and has acquired experience, friends and a personal fol- Jowing that are helpful to him in all that he under- takes, whether on the floor or in committee. Thus he is not only 2 strong Representative now, but is in a position to materially increase his strength in the next House. With each succeeding term his rank on impdrtant committees augments, and he is now within sight of a position that.will place him among the foremost leaders of the House. Under such circumstances the people of the Sev- enth District would be foolish indeed to set aside their present Representative to try the experiment of a mew man. Every important interest of the district is concerned in the re-clection of the man who has been tried and found to be both faithful and ener- getic. Wigh such 2 man 2s McLachlan to represent her, Los Angeles has at Washington a prestige that many a larger city might envy. Clearly the right man is in the right place ir this instance, and all that the Seventh District has to do is to keep him there. It is an ill wind that blows good to nobody—the coal strike has run up the demand for oil and Rocke- feller smiles and raises the price. GOVERNOR AND SENATOR. N Saturday a Democratic mum meeting was O held in this city in which it was agreed that the name of the Democratic candidate for Governor should not be mentioned, and that even the tract was kept until near the end of the meeting. All of the speakers extolled themselves and put up a personal prospectus calculated to get people to take stock in them. All sorts of issues were threshed out. | Some new ones were born and some dead ones resur- rected, and some that are not only dead but cremated had their urns cracked and their ashes scattered to. the parts of speech. d | It was an evening full of mortuary events and’ spo- | radic cases of eloquence misdirected, and passion left | without a tatter on its back. Personal denunciation was a large and frowning feature of the meeting, and men in the oppositio‘l were consigned to all sorts of cheap lodgings, from lordinary scorn to extraordinary | contempt. The finger of scorn was used in pointing at them until it must have a felon from such vio- | lent use. The orators and the oratoroids and oratorettes ut- tered all they could think of and much that did not re- quire thought, and in all the gales and zephyrs there was no mention of the Democratic party nor of the Democratic candidate. Gentlemen were there, and spoke, whe aforetime have made the echoes shrick with reverberationé of praise -of evcrything.labeled Democratic, There were Iroquois braves, who have gone moccasined upon the political warpath in the dark of many moons, to come home with ,scalps bleeding =t their belts and yah-yah-whooping for the grand ojd party. But these buckskinned warriors | were as whist and mum 2nd extra dry as the blear desert at noon. The powing and wowing were near an end when Mr. Andrew Furuseth took the stage to speak. He was aware of the mum compact, but would not’ keep it, and had not followed the plow of argument and turned the furrow of rhetoric very fag before he broke the silence of the evening by decm\ng that he will vote for Mr. Lane for Governor! The effect was like | that produced by opening a fresh bottle. The crowd manifested ecstasy. With Lane the turn came. Encouraged by the re- sults of his frankness Mr. Furuseth proceeded to give his reason for voting for Lane. He did not give it on compulsion, but was glad to let it out. He said that he wanted Lane for Governor because if a vacancy should occur in the cffice of United States Senator Lane would have the appointment. We acquit him. of desiring that either of our excellent Senators may die in order to give Mr. Lane jurisdiction to appoint. No doubt he thought one of them might resign, for business reasons, to'attend to his private affairs, and then Mr. Lane could take his pen in hand, run his tongue into his chezk and write out a commission. for another Senator in a good round hand, and pleas- ure would proceed to pervade the waste places of the State. Now, seriously, what did all this mean? Mr. Furu- seth was talking to an audience of workingmen, among whgm he is a conspicuous and controlling | figure. In all matters pertaining to their guild they are accustomed to heed his advice. His standing and influence had been lauded by a preceding speaker, who invested him with every quality that commands the obedience due to a leader.. But this was the first | time in his career that he had given to his followers political advice, and when it came it was an instruc- tion to vote for Mr. Lane because, as Governor, he might have the appointment of a United States Sena- tor. Now, Mr. Lane is the Democratic candidate. His allegiance is to his party. That party has just one candidate for United States Senator, and Hon. James D. Phelan is the man. He was the choice of the Democratic caucus at the last Senatorial election. His pipes are laid and his fences in repair in every | county in the State. Ii a Democratic Legislature | were possible at the November election he would be its choice to succeed Senator Perkins. If Lane is | elected and a seat fall vacant Lane will appoint | Phelan Senator. Mr. Furuseth has voluntarily and publicly opened this issue. &e did it deliberately, as he does all things, and with a purpose. It has projected a new issue into the campaign. Votes for Lane are asked because he may appoint a Senator. This is a public plea for support of Lane for a spegific reason, and it makes it necessary that Mr. Lane announce now his choice for Senator if he have an appointment. This has been made a necessity in his campaign by the plea of Mr. Furuseth. Mz. Lane is said to be a bold man. He has not disavowed Mr. Furuseth’s plea for votes. He is willing to be the beneficiary of ballots cast for him because he may potentially affect the United States Senate by an appointment. Let him answer whether he will appoint Mr. Phelan, and, if not, why rot? e Everybody remembers Tom Reed’s definition, “A statesman js a successful _politician who is,dead.” Secretary Shaw has furnished a new one. He says: “The difference between a statesman and a politician is the same as that between a man who is looking for a situation and one who is looking for work.” R tional Congress of Penologists at St. Peters- burg have been too brief and discursive to afford any exact information of the course of the pro- ceedings. Consequently it is not possible at this time to appraise the work of the congress and de- cide how far it has been beneficial, but still enough has been made known to show along what lines the most interesting discussions of the congress are run- ning. The chief point of controversy has been “the im- portance in penal law of the psychic elements of crime in comparison with its material conse- quences.” In all civilized. countries at the present time an attempt at crime is considered a much lighter offense than a committed crime, and no regard is paid by law to the fact that the attempt may carry on its face an evidence of a deeper danger to the community than was caused by the crime actually committed. As one of the speakers at the congress put it: “A child at play may start a conflagration; the desperate plans of a crime-steeped villain ‘may fail. Shall we punish the child because of the com- mitted act, but let the criminal go free to prey upon society until he actually succeeds in the commission of crime?” Professor von Mayr of Germany maintained that the criminal law should contain a definition of “at- tempt”; that the definition should be freed from the traditional notion that attempt is “the beginning of execution”; that attempt should be punishable only when expressly forbidden by law; that the punish- PENOLOGISTS’ CONGRESS. EPORTS thus far received from the Inéema- THE SAN FRANCISCO CALL, word “Democracy” should be taboo. The mum con-* THURSDAY, ment for attempt should be virtually the same as that provided by the completed crime; and finally, that when repentance is shown punishment is to be re- mitted. » No report has as yet announced what decision the congress reached upor any of the propositions of the German professor. Resolutions were adopted, however, declaring: “Nobody should be punished for the consequences of his crime except in so far as he could have foreseen them and prevented them. In the question of complicity the law should drop all doctrinaire distinctions between those who have participated in an actual crime and confine itself to defining what action or lack of action will be deemed to constitute participation.” One of the interesting features of ‘the congress was the announcement that Russia has undertaken the entire revision of her criminal code and her criminal court procedure. . Important changes in ‘the direction of assuring a fuller justice to the accused and more humane treatment of convicts are to be made.” Aniong other reforms the courts are no longer |to have authority to deport convicts to Siberia, that punishment being reserved for -the exercise of the discretion of the Government itself; the manage- ment of prisons is to be transferred from the Minis- try of the Interior. to the Department of Justice, and prison labor is to be lightened. j It will be seen from these brief reports from the congress that the work of penologists and prison re- formers is gradually accomplishing good restlts even in the backward society of Russia. In other lands the good that has followed the impulse given by John Howard has been one of the most notable of recent accomplishments for humanity. Penology is still far from.being an exact science, but it is none the less making rapid\progress in the double task of punishing crime and reforming the criminal. It is stated that some Colorado boomers propose to advertise that State in the East by “living pic- tures,” and now the tenderfoot may expect to see something in the way of Colorado culture that will turn Buffalo Bill’s troupe into a sideshow. THE THANKSGIVING FAIR, UBLIC interest in the election should not lead P any one to overlook the just claims upon his ¥ attention of the Thanksgiving ~Citrus Fair which the State Board of Trade is now arranging to set up in the nave of the ferry building. The fair is for the purpose of making an exhibit of the fruit and flower interests of the counties north of the Tehachapi and is designed to show during the open- ing of the winter tourist season the advantages of a section of the State which as yet'is but little known by the people of the East. It is announced that the counties taking part-in the exhibit will be at no expense for space, lights, music, decorations nor janitor service. All that will be re- quired of them is to make the best exhibit possible of their industries, their resources and the attractions they have to offer to tourists, holiday travelers, in- vestors and home-seekers. ¢ The ferry building affords an ideal place for such an exhibit. It is ample enough for a fairly compre- hensive display, while at the'same time it is not so large as to require the introduction of comparatively unattractive exhibits merely to fill space. More- over, the location and the use of the building fit it for such a fair. It locates the display where it will not only be easy for every traveler to see it, but where it will be difficult for him to avoid seeing at least something of it. S The undertaking of the fair imposes upon the northern counties the duty of cordially co-operating to make it successful. The exhibits both of fruits and flowers should be ample to sustain the reputation of the northern part of the State against the generous but strong rivalry of the famed winter resort counties {in the south. Care should be taken to make the flower show at once rich and varied, and to keep it up in undiminished brightness and bloom from the first day of the fair to the last. It is to be a Thanksgiving fair. It is to show the coming visitors from the Fast that California can and does furnish fresh gathered citrus fruits for the Thanksgiving market. It will thus help to make known the marvelous rural wealth of the State and will be of value to every section of the common- wealth. Preparations for it should be undertaken throughout the northern counties, and not even poli- tics should be permitted to interfere with the good work. e = OCTOBER 16, 1902 CORPORATIONS CORRUPTLY PLAN TO CARRY INFAMOUS AMENDMENT Subscribe Quarter of a Million Dollars to Buy Votes and Blinc} De- cent Electors to Iniquity of Proposed Change in Constitution. SSEMBLY Corstitufional Amendment No. 28, which the electors of this State will have an opportunity to vote upon at the coming election, is the result of one of the most infamous political schemes ever attempted in this A the members of which saw that its passage meant incalculable ruin to the State. More than a year has passed since the bill was adopted l:y the Legislature. During that time The Call has constantly Mascagni kept a party of banqueters waiting five hours while he drilled his orchestra at a rehearsal, and now there should be no further doubt that he is a genius. Something more than talent is required to keep a man at work while a crowd bdf folks are wait- ing to feast him and flatter him. e A FAKER'S WOES. HE country has some serious and somber af- T fairs on hand, but has time to be diverted by the faking antics of Mr. Hearst, candidate of the ptomaine tenderloin district of New York for Congress, and faker general, : He has been attending to the hard coal strike, and evidently is desirous of letting go. He offered to prove that the coal cperators are stibject to punish- ment under the Sherman anti-trust Jaw, and got his name on the wires by addressing the President on that subject. Suddenly the coal operators offered to arbitrate, and without waiting a minute the tender- loin candidate hailed the end of the strike and claimed the credit of it by scaring the operators to terms by threatening to prosecute them under the Sherman law. 1 * But if the operators are guilty under the Sherman law they were gujlty before the strike began and will be guilty after it ends. The strike has no more to do with their guilt than it has with the orbit of the last comet of to-night's lunar eclipse. Surely it is a base use to make of the law that Mr. Hearst pro- poses, to use it to scare people to terms on some- thing disconnected and unrelated to the law, and when they have been scared pigeonhole the statute and let it hide disused. : & Not the least of Mr. Hearst’s woes was the failure of the operators’ offer to end the strike. He . had been closely watching to see which way the strike cat would jump in order to claim that he made her jump that way. In his anxiety to claim credit he an- | nounced her jump and which way, when as a matter of fact the cat did not jump at all. Of course this will make no difference, for he will claim that she didn’t jump because he made her sit still. The people are so accustomed to this sort of faking that they are indifferently amused by it, and it gratifies the tenderloin candidate by putting his name in print, with the middle of the same fully extepded in all its glory of bisyllables. 4 / \ 1 State. great harm to the State and enable to unscrupulous politicians "the selection only ‘ability need be a desire to obey the behests of the men Wwho, in order to mulct the taxpayers of the State and secure’ rights of the unwary voter, prompted a firmer grip upon the- the proposed amendment. The best proof that the bill'is not calculated to further the interests. of the citizens of California is the fact that five large corporations have raised a quarter of a million dollars to se- cure the necessary number of votes to adopt it.. Not only have these corporations subscribed liberally to a fund that it is hoped will secure-victory at the. polls, but it s claimed they have secured a promise that they shall name the commission- ers the amendment provides for. ‘The bill provides for five of these commissioners, to be appointed by the Governor, in the event that the voters of the State elect to form the commission and it is said five of the largest corporations in the State are to have the naming of them. The information given to The Call concerning this gigantic attempt to hoodwink the citizens of the State is absolutely reliable and comes from a source that admits of no question as to its truth. CALL STARTS OPPOSITION. From the first day the proposed amendment was brought up in the Legislature of 1901 this paper has opposed it and has received the support of almost every newspaper published in The very manner in which the bill was presented to the Legislature brands it as an Infamous legislative act. was not presented to the Assembly until the very last week of the session of the Legislature, when the members of that body ‘were not prepared to give to the proposed amendment close study usually given to any bill conferring such extraor- dinary powers. As a'vesult the Legislators passed it and in doing so furthered ‘the schemes of the fathers of the bill, who the State, were sent to Sacramento for the purpose both houses at a time when the representatives of the people ‘would not be prepared to give to It the scrutiny and study its founders dreaded. It was adopted in the "1 1, 1901, and seven days later the Senate sustained the action of All this was done in the face of strenuous opposition by The Call and the interior press. Later the amendment was condemned by the platforms of the Democratic and Republican purd\ela adopted in the conventions, the lower house by adopting it. Chapter XLIV, Assembly Constitutional Amendment No. 28, a resolution proposing . to the people of the State ot California amendments to the Constitution of the State, amending article twenty by adding thereto two new sections, to be known as sections numbers twenty-one and twenty- two, _relating to a State commission to. have charge in certain respects of rail- roads, transportation companies, com- mon carriers, banks, insurance companies, ‘water, gas, and electric light and power; telephone companies, telegraph companies, and sleeping car companies and express companies, and of certain services and commodities, howsoever supplied to the public, and regulations concerning the same, and repealing certain present constitutional provisions relative to the same subject. Resolved by the Assembly, the Senate concurring. That the Legislature of the State of California, at its regular. session, commencing on the seventh day of January, A. D. nineteen hundred and one, two- thirds of all the members elected to each house of sald Legislature voting in favor thereof, hereby proposes to the people of the State of Callfornia that article twenty of the constitution of said State be amend- ed by ‘adding thereto two new sections to be known as sections numbers twenty-one and twenty-two, and that sections twenty- two and twenty-three of article twelve of the constitution be annulled; which said new sections shall read as follows, to wit: Section 21. There is hereby created a commission, to be known as the State Commission, and to be composed of five persons, which commission shall have the powers herein specified and provided for. The State shall be divided into five dis- tricts, in each of which one commissioner shall be elected by - the qualified electors thereof at the regular State or national elections, whose salary shall be six thou- sand dollars per year, to be paid by the State monthly, and whose term of office shall be ten years, commencing on the first Monday after the first day of January next succeeding his election. The members of the commission in the first instance shall be appointed by the Governor, one from each district, and the Governor shall designate one thereof to hold office for two . years and one for four years, one for six years, one for eight years, and one for | ten years, or until their respective succes- sors are elected; and In making such ap- pointments the Governor shall not appofat more than three commissioners from any one political party. At the nmext general State or national election and thereafter every two yvears at a general State or na- tional election, a successor shall be elected, as above provided, for the commissioner whose term of office will next thereafter expire. The commissioner having the shortest period of time to serve shall be known as' ‘“‘chief commissioner,” and shall be the presiding officer of the commission. The commission shall have a general of- fice in zuch place as it may determine from time to time and shall appoint such clerks and employes as it may from time to time /deem necessary, and shall be allowed all necessary costs of travel in performance of duties, and all thg expenses and salaries in the premises shafl be paid by the State; but the Legislature may from time to time in its discretion regulate the salaries of all The Call is in possession of information which enables it to denounce thc proposed amendment as a plece of Ppolitical trickery that will, in the event of its adoption, result in the placing in the hands of five men powers that will work erful corporations to fix at will rates in which every resident of the State is vitally ‘Interested.” Not only will ‘it give almost unlimited powers to the corporations respoasible for its inception, but it will give clerks and employes, but, failing so to do, the commission shall have power to fix the same. The commission shall be deemed to be In continuous session, but may st at any place or places in the State and at any time as it may determine necessary in the conduct of its business. The commissioners shall be qualified electors of the State and of the district from which they are elected or/appointed, and shall not be Interested directly or indirectly as stockholder, cred- itor, agent, attorney, or employe or other- wise, in any of .the corporations, com- panies, or businegs over which they have charge, as herein provided, and the act ot a majority of the commissioners shall be decmed to be and shall be the act of the commission. The commission shall, from and after sald appointment of . members, have exclusive jurisdiction and power, and * .it shall be their duty, after notice and full investigation and hearing, to determine, fix, and establish all and every the rates and charges for services performed and com- { modities furnished in this State, by whom- soever performed or furnished, and where- soever in this State the same may be per- formed or furnished, in respect to any and all the following: of five men whose | *'; proposed amendment terests. gas and water rates framed to defeat. It scheming that is gob voters of this State of a commission by These commissioners Vote against it and It than a year and that the with the aid of the I its adoption. of getting it before | tained to secure the cltizens of California. Assembly on March officers of election to lows: THE NEFARIOUS AMENDMENT. () Transportation of passengers and freight, and all other services by all com- mon carriers; (b) Gas, electric light, and power and water for any purpose (except where any of the same is to be supplied by a cor- poration or corporations solely to stockhold- ers thereof without profit, and except waters supplied by irrigation districts, formed under the laws of the State, or sold or_ supplied by contract or grant in gross or for years and mnot distributed to conm- sumers); (c) Telephone and telegraph services; (d) Sleeping car companies or corpora- tions and all sleeping car services, and also to make regulations concerning the same; (e) Express companies or corporations and all express service, and also to make regulations concerning the same. All such rates shall be changed at any time by the commission, save that any rate, whenever once established, shall con- tinue in force for the period of one year and until altcred, and all such rates shall be reasonable considering the services per- formed or the commodity furnished. All rates so established shall be published by the commission in such way as it may de- terminefand shall take effect at a time to be spe: by the commission. And from and affer the adpointment of its members, as aforesaid, the State commission shall be the succdssor of the Board of. Bank Commissioners, now existing under the statutes of this State (and the terms of the office of the Bank Commissloners are hereby ended), with the same powers, au- thority and duties now established or here- after to be established by the Legislature, except where the same may conflict with this section: and from and after said ap- peintment, the State Commission shall also be the successor of the Insurance Commis- slorer, under the statutes and codes of this State (and the term of office of the Insurance Commissioner is hercby ended), with the same powers, authority and duties now established or hereafter to be . ectablished by the Legislature, except where the same may conflict with this section; and from and after sald appoint- ment, the State Commission shall in every respect, so far as relates to all and every the said rates and charges hereinbefore mentioned, and to all and every the mat- ters and things, howsoever connected with performing said .services and furnishing and supplying sald commodities, be the successor under the constitutidn and lawvs of the State of the Boards of Supervisors and city and county or city or town coun- cils and other governing body or bodles of the several counties, citles and counties, cities and towns of the State, with the same powers, authority and duties Row established by the constitution and laws of the State, or hereafter to be established by the Legislature, except where the latter may confiict with this section. The State Commissicn shall have power to examine all books. 1ccords and papers relevant in all the premises by whdmsoever owned or pessessed, and all persons, and shall have pewer to issue and enforce obedlence to subvenas and all- other nacessary process; to hear and Getermine complaints; to ad- minister caths, take testimony and punish for contemrt of its orders and processes in the same marner and to the same extent as courts of reccrd, and to enforce their decisions and ccrrect abuses through the medium of the ccurts. Whosoever shall be =ngaxed in yperforming any of sald Ser- vices or furnishing any of said commodi- ties and _sh~ll fall or refuse to conform to such ratés, or shall charge rates in excess thereof, shall be fined not exceeding twenty thousand dollars for each offense, and every officer, agent or employe in the premises who shall demand or recelve rates in excess thereof or who shall“in any manner violate the provisions of this section shall be fined not exceeding five thousand dollars or be imprisoned in the county jall not exceeding ome year, and in_all actions last named, both civil and criminal, the rates established shall be deemed conclusively just and reasonable, and mn any action for damages sustained by charging cxcessive Yates the plaintift in addition to actual damages may, In the discrétion of the Judge or jury, recover exemplary damages. The records of said commission shall be open .to public in- spection in the same manner and to the same extent as the records ‘of courts. Nothing in_this 'section contained shall it individuals from maintaining ac- ms for damages or otherwiss In any of L e B I e /A CHANCE TO SMILE. “I see that they are introducing ‘Lady Godiva’ on the stage in Pittsburg.” “What sort of Mlay is it?” “It'3 either a drama or a circus. Lady Godiva makes me think it is a circus.” “Why so?” “‘Because she does a bareback act through the streets of Coventry.”—Cleve- land Plain Dealer. 7 The Unchurched—This doctrine of elec- tion, now; I should think it impossible for any lng;fll.mln ‘to believe in it. Deacon wn—Oh. it's the simplest thing in the world. It is cnly the people - Boston Transcript. Prunes stuffed with apricots. Townsend's.* : —_—— Townsend's California Glace frult and gandies, 0o a pound, %m - tched {30 Market st., Palace Hotel Hto clal information supplied daily to EEasersn AT g o you don’t like who are not of the elect. Mrs. Wiggles—Lan’ sakes! what he fix- in’ up so fer? ¥ Mrs. Backwoods—W'y, hain’t ye heerd that Hattie married ane o them French fellers, with a ferrin’ title, an' ’s comin’ home next week? Mrs. Wiggles—Do tell! Did she marry un;l o' them counts? : rs. Backwoods—Mercy ma! T ss he’s bigger'n a count. She says nfm;er letters that he's a c auffeur.—Judge. “Speaking of surgical operations,” re- marked the man with the bald crown, “I/ was relieved the other day of a bullet I | had carried for forty years.” The man in the mackintosh, the man With the white spot in his mustache, the man who was smoking a cheap cigar, and the m‘:: vl:! ‘l:‘-t: his feet on the table ‘were Tay expressing a moment- ary interest. i " e uts was the bullet?” asked “In my pocket,” he “Tt was my- answered. the bullet that killed a pet dog of mine and Republican parties condemn the mea: deem it a dead letter and by their very gpathy enable them, commented editorially on the document and endeavored to keep the fact of its netarious natare before the public in order that the voters might learn its true import. that would be most benefited by the amendment have _relied upon time to efface all recollection of the proposed commission from the minds of the voters, leaving no stone unturned, how- ever, in the meantime that would enable them to win at the The corporations Itflbehooves the electors of this State to vote against the and defeat the schemes of the thieving politiclans who are aiding those opposed to the State’'s in- BILL 'nle\blll in itself does not show the immense power it gives to the men, who, In the event of its passage, will be named by those whose efforts to control rates of transportation and IS DECEFTIVE. it s generally supposed to have been is an innocent looking document that will appeal to the mind of the voter unless he knows of the erafty on to secure its adoption. This know!- edge The Call has afld wilk make public In its columns that the plans of the tricksters who have undertaken to delude the into the belief that by voting for the adoption .of Assembly Constitutional Amendment No. 28 they will be making a law beneficial to them may come to naught. Vote in the affirmative and you provide for the appointment Governor Gage, the members of which will be selected by the five largest corporations in the State. will fix rates on water, transportation, gas and other matters in which the people have great interest. you will defeat the most heinous scheme to delude the people ever foisted upon a community. The corporations figure that inasmuch as the people have not had the proposed amendment before their notice for more because the platforms of the Democratic re, the voters will arge sums they have collected, to secura They figure that by loosening -their purse strings at the last moment a sufficient number of votes can be ob- adoption of the amendment that at its best could not be regarded otherwise than as a menace to ths In view of the strenuous efforts of the corporations to obtain their ends, aided as they will be by a free circulation of money, it rests upon the voters and the see that the amendment does not receive the majority of votes the law requires for the adoption of & itutional amendment. o eembly Constitutional Amendment No. 28 reads as fol= the premises. Whosoever shall render any of the services or furnish any of the com- modities herein mentioned or be in any way subject to the provisions of this sec- tion or said commission shall annuaily apply to the commission for and receive a Ticense which shall authorize and em- power the conduct of business in this Siate, and In cases where rates are col- lectible the collection of the rates fixed by authority of this action, and shall ac- company such application with a sworn statement of the gross income realized for such services and commodities furnished or from the conduct of business in this State during the previcus calendar year, and the commission shall annually fix the amount of such license in each case as nearly as may be according and propor- tionate to the gross Income of the pre- vious calendar year for the services or commodities furnished or for business done In this State, in each case, as compared with the aggregate gross income for all such services or commodities furnished or business done In this State, but in such a sum that the aggregate of all license fees shall not be less than the estimated ag- Kregate of all the annual salaries and all expenses of the commission mentioned in this section for the ensuing year, and the commissfon shall have power to tender such license aml to collect such license fees on demand and by the aid of the courts, and the amount of the license fixed by the commission shall be conclusively just and provortionate, and ail such fees and also all moneys, howsoever collected or received by the commission, shall be paid to the Treasurer of the State, whe shall keep the same in a fund to be called the State Commission fund, and any sur- plus In such fund at the end of each year shall be transterred and belong to the general fund. Whosoever shall neglect or refuse to pay any license fee within ten days after demand shall forfeit to the State the sum of five thousand dollars, to be collectsd by process of law, and i@ cases where rates are collectible, may also be enjoined from collecting any rates tul such license fee is paid. The Legislature may, in addition to any penaities herein preseribed, enforce this section by for- feiture of franchise, charter or other rights, and may confer upon the Stats Commission such further authority as shall be deemed necessary to enable it to parform and enforce the provisions of this section and may by two-thirds vote of all the members elected to each house remove any one or more of sald Commissioners trom ctfice for dereliction of duty or cor- fuption or incompetency. Whenever a vacancy occurs in the office of State Com- missioner, the Governor shall flll the same by appointment of a qualified person there- to, who shall hold office until his suc- cessor is elected at the mext general State or national election for the unexpired term. Sections twenty-two and twenty- three cf article twelve of this constitution are annulled. Section 22. Under the foregoing section the State Commission districts of the State shall be as follows: The First District shall be composed of the counties of Butte, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Marin, Mendoeino, Modoc, Napa, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyon, Sonoma, Sutter, Tehama, Trinity, Yolo and Yuba, from which one State Commissioner sball in the first in- stance be appoiated by the Governor and thereafter be elected; the Second District shall be composed of the countles of Ala- meda, Alpine, Amador, Calaveras, Contra Costa, El Dorado, Inyo, Mariposa, Mono, Sacramento, San Joaquin, Solano and Tu~ 4olumne, from which one State Commis- sloner shall in the first instance be ap- pointed by the Governor and thereafter be elected; the Third District shall be com- posed of the city and county of San Fran- cisco, from which one State Commissioner shall in the first instance be appointed by the Governor and thereafter be elected; the Fourth District shall be composed of the countles of Fresno, Kern, Kings, Ma- dera, Merced, Monterey, San Benito, Sam Mateo, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tu- lare and Ventura, from which one State Commissioner shall in the first ins b appointed by the Governor and thereatice be elected; and the Fifth District shall be composed of the counties of Los Angeles, Orange, Riverside, San Bernardino. San Diego, from which one State Commis- sloner \hall In the 8rst instance be ap- vernor hereat P eected: - - 5 L) when I was a boy. Some thief stole it from me a few days ago. I prized it high- 1y on account of its associa—'" But they howled him di Tilbune; lown.—Chicage % NEW ADVERTISEMENTS. MISCALLED “HAIR TONICS.” Most Hair Preparations Are Merely Scalp Irritants, of No Value. * Most hair oreparations are merely scalp irritants, miscalled hair tonics. When .!:JT is .b:?ut. lusterless and begins to out the dandruff germ is getting in its deadly work at me" root, n.:nm‘thu vitality. ° Since science discovered that aandruff is a germ disease there has been only one preparation put on the market that will actually destroy the dandruff germ, and that is Newbro's Herpicide. It allays - itching inuunll'{. destro; the germ, and the falling hal o ‘u’s: luxuriantly. It allays l\gh.t: n--%;' hair grow. N )