The San Francisco Call. Newspaper, November 11, 1902, Page 12

12 THE S FEERAL SALT TRUSTGRUSHED BY THE COURT Judge Morrow Deals the Blow That Kills Monopoly. Another Firm. Included in the Decision and In- junction. Opinion Holds Combination Between Companies Is in Restraint of Trade and Commerce and Contrary to Law. United States Attorney Woodworth con- | argument United States Circuit cluded a masterly afternoon in the Court upon his petition to destroy the | Federal Salt Company and its associates s a trust. At the conclusion of his argument United States Circuit Judge Morrow ordered that the tem- porary injunction be made permanent as to all the defendants except the Imperial Salt Company, which was not shown to bave been a member of the trust. Judge Morrow intimated very broadly that should his decision be appedled from the Upited States Circuit Court of Appeals, following its reasoning in the Red Cedar Shingle Trust, the Tile, Mantel and Grate Trust and the Coal Trust, would sustain the injunction. WOODWORTH DENOUNCES IT. United States Attorney Woodworth made an elaborate presentation of the case in the half hour allotted to him by the court. He showed by the petition and the accompanying affidavits that the Federal Salt Company and its associates hed constituted themselves into a trust ir restraint of trade and commerce and lation of the Sherman anti-trust The contracts and agreements made the defendants showed that the pur- i intent of the combination were namely, to establish a monop- ¥, not only in the production of salt, but in the sale of that commodity west Mississippi River. He asked that and Crystal Salt Company of Salt be made a defendant in the pro- by as he had affidavits showing that it was in the combination. Mr. Woodworth laid stress upon the fact that since the organization of the 1 the price of salt on the Pacific Slope had jumped from $¢ per ton to $25 per ton without any economic reason whatever, except that of monopoly. He de an e plea that the trust should be destroyed. Charles Rowe asked that the injunc- tion should be dissolved as against the New Liverpool Salt Company of the Celorado desert, but Judge Morrow de- nied the motion. ank D. Madison, representing E. S. Pilisbury, Company, released from the injunction. worth said that he had against the accordingly granted Mr. Madison's re- quest TITUS ADMITS THE CASE. counsel for the Imperial Salt asked that that firm should be Mr. Wood- no evidence Lou , counsel for the Federal Sait Company, made an extended argu- ment, in which he admitted that the con- tract between the Federal Salt Company and the firm of Getz Bros. was a viola- tion of the anti-trust act. He argued that with regard to the other contracts there were certain clauses that were illegal, iut these could be stricken out and the good portions of the contracts re- tained. Woodworth closed the argument by ouncing the salt trust as damaging to people of the Pacific Coast and in- the sisted that the injunction should be made perman out of busine: Judge Morrow said that the motion for the injunction came before the court as to put the trust forever an original bill filed by the United States | Attorrey and upon affidavit in support thereof. The agreements and contracts quoted in the petition were alleged to be in restraint of trade and a conspiracy and gombination to form a trust. Judge Morrow continued: The equitable jurisdiction of the court ex- tends to every matter involved in the contest. The chancelior is authorized to look behind O mere contracts and to determine what they really mean. He is not to be confused by tech. nicalities. The real effect of these contracts is within the purview of a court of equity, and hence this court is not to be restricted to any mere technical defense. The question is, Whi i the effect of these agreememts between the parties defendant? Is it in restraint of com- merce? If it and enforce the law. It ix immaterial what the intent is if the effect is contrary to law. CONTRACTS ARE ILLEGAL. A mere increase in the price of a commodity does make the contract fllegal, but if the of price has the effect to restrict trade commerce between States it is another matter. If the effect of these contracts is to increase the price from $6 to $25 per ton then they are contrary to law, not because the prices are increased, crease of prices has been such as to restrain raint of trade and commerce, is of ass as the other contracts, While the verbiage of the others may be a little dif- ferent it applies to the same conspiracy of the Federal Sait Company to destroy all competi- tion in dealing in salt in tnis section of the country. They all part of one conspir- acy or one combir between those parties in restraint of trade and commerce 4 MONOPOLISTIC OBJECT. 1 will not divide these contracts, as has been suggested by the counsel. They are indivisible en as 'a wnole. The court I hem as a whole. orb the whole busin Taken relates to restraint in The same principle the Red Cedar ust of Washington, which was de- d by the United States Circuit Court of Appeals: An order was made citing the officials of the Inland Crystal t Company of Salt Lak show cause why the injunc- tion should not be made perpetual against that firm also. ANOTHER BLOW FOR TRUST. Judge Seawell Restrains Its Members From Negotiating Stock. The salt trust met with another defeat esterday in the Superior Court, whers several actions are pendifig as the result of a biiter quarrel between the directors of the Continental Salt and Chemical Company, some of whom, it is claimed by the others, have been standing in with the Federal Salt Company for the pur- pose of enabling that company to control the output. Judge Seawell made an order restraining the Federal Salt Company from transferring any of the 20,500 shares of stock in the Continental Salt and Chemical Company standing in the namc of C. S. Paulden, trusiee, and also re- strained the members of the trust from negotiating any of the unused stock owned by the Continental Salt and Chem jcal Company. Judge Seawell also re- strained the accused Federal Salt Com- pany from declaring forfeited 40,000 sheres of stock in the Cep@éimental in the name of L. A. Berteling, or. from voting for more than three directors at the election to be held to-day, provided, the order reads, that the plaintiffs appear at the election and vote for two directors only.. yesterday | Imperial and Judge Morrow | the court must so construe ft | but becatse the effect of the in- | , which has been’admitted | RAILROADG MUST AWAIT DEGISION Corporations Cannot Take Land Before Price Is Fixed. Important Order Is Handed Down by the Supreme Court. s S 0 The Supreme Court has handed down an important decision affecting railroad corporations and property owners. The court holds in the decision that railroads, after lands have been condemned, cannot gain possession of the same until a board of arbitrators has fixed the price the cor- poration is to pay. In the past the rail- | road companies have claimed the land and held it as soon as the condemnation | proceedings were instituted. On Saturday last the court in bank ren- dered judgment in the case of Ignatz Steinhart vs. the Superior Court of Men- docino County. Mr. Steinhart of the An- | glo-Californian Bank holds title to dbout 130,000 acres of timber land in Mendocino Cecunty. Some months ago the Albion and Southeastern Railway Company, which is now engaged in constructing a | railroad from Albion to Anderson Valley, in Mendocino County, commenced an ac- tion to condemn a strip of land threugh the property of Mr. Steinhart for a right of way for its railroad. After the com- mencement of the action in the Superior Court of Mendocino County, and before final judgment, the railroad company ap- plied for an order of court putting it in | possession of the land which it sought to have condemned- for its right of way. CODE PROVISION. The motion for the order was made un- der the provisions of section 1254 of the Code of Civil Procedure of this State. That section provides that at any time after the filing of the complaint and issu- | acce and service of the summons there- on the court may make an order author- izing the plaintiff to take possession of and use the Jand and premises sought to be condemned during the pendency and until the final conclusion of the proceed- ings; and further provides that before taking possession the railroad company must pay a sufficient sum of money into court or give security for the payment thereof for all damages which may be sustained by the owner by reason of the proceedings. i Upon the hearing of the motion for the order authorizing the railroad company to take possession of the land Sullivan & Sullivan, attorneys for Mr. Steinhart and others interested in the land, disputed the right of the court to make the order, not- withstanding the provisions of section 1234 of the Code of Civil Procedure, and contended that that section was in viola- tien of the conmstitution of this State. i They contended that no man’s land could be taken from him for a right of way for a railroad until final judgment, and that in no event could the court fix in advance of the judgment the amount of damages for which the railroad company would be responsible. They clalmed that the com- | pensation should be fixed by a jury, and until the amount was determined by a jury the court had no jurisdiction to | make any order divesting tbe owner of | s property. Judge Mannon of the Superior Court of Mendocino County refused to hear ar- guments in support of this contention, held that the section was constitutional and proceeded to take testimony for the purpose of fixing the amount of damages that should be deposited in court for the owner before judgment. SECURE A WRIT. Thereupon Sullivan & Sullivan sued out an aiternative writ of prohibition from the Supreme Court, restraining Judge Mannon of the Superior Court of Mendo- cino County from proceeding with the | hearing of the case until the question | should be passed upon by the Supreme Ccurt. Last Saturday the Supreme Court in bank filed an elaborate opinion sustain- ing the contention of Mr. Steinhart’s at- torneys in every respect, and made an or- der that the court and Judge J. H. Man- non be restrained and prohibited from making any order authorizing the corpor- ation to take possession or to use the land or any of it during the pendency of the proceeding to condemn and acquire a right in and over the same, or any part thereof, until final judgment shall be ren- dered in the proceeding. It has been the custom heretofore for | railroad companies seeking rights of way over private property immediately after the commencement of an action and ser- | vice of summons to apply to the court for an order putting them in possession of the land which they require for their | rights of way, and the courts have inva- | riably granted the motion. | "As the Supreme Court now holds that | the section is unconstitutional under which such orders have been made, railroad | companies must hereafter wait for pos- | session of the land which they seek to ac- | quire until a jury has ascertained and fixed the amount of damages payable to the property holder. —_— CHARGES FOOD INSPECTOR | WITH ACCEPTING A BRIBE | Health Board Files Formal Accusa- tion With Civil Service Com- mission. The Board of Health yesterday sent a | communication to the Civil Service Com- mission to the effect that George W. Dun- ster, a food inspector, had been suspend- ed on the alleged charge of accepting a bribe, and requesting that he be accorded 2 public hearing. The specific allegation against Dunster is that on July 11, 1902, He entered a fruit store kept by R. Garbino, L. Martini and Pisani at 2028 Fillmore street and | threatened them with arrest for having | on exhibition a goose and a duck which | had been blown up with air to give them a fat appearance. The members of the firm expostulated, and Dunster accepted the sum of $3 for not arresting them, the board alleges. In its communication to the Civil Ser- ice Commission the Board of Health vs that Dunster’s action is prejudicial to. the discipline of the department and |on that account asks for his immed- | iate dismissal. ! —_————— Thousands Travel on Low Rates. The Southern Pacific Company issued a | statement yesterday showing a result of the settlers’ rate from September 1 of | this vear until November 6. Via Ogden | there were 17,164 passengers who traveled on settlers’ and second-class tickets, 6886 | via the El Paso gateway and 8 by Los | Angeles. B Sy Wait Until Thursday, When the great clothing assignee sale will sjart. 2000 all-wool men's suits and overcoats will be on sale. None worth iess than $15. The price will be $5.85. This is the stock of the Boston Clothing Com- | pany, consisting of fancy cheviots, tweeds, serges and cassimeres, single and double breasted, neat and stylish. $5.85 will be the price, beginning Thursday, at the clothing assignee sale of the Lyceum, 915 Market street, opposite Mason. X3 Kelly, assignee. . ——————— Deutscher Club to Entertain. The members of the Deutscher Club will entertain their .friends at Golden Gate Hell Wednesday ecvening, December 2. There will be a musical programme, af- ter which there is to be dancing. o WEIRD SISTERS TO OPEN CURTAINS OF THE FUTURE Egyptian Seeresses Are Engaged to Appear at Nursery Gift Sale at Palace. Buernes . Prere LABORATE preparations are be- ing made for the annual gift sale in the interest of the San Fran- cisco Nursery for Homeless Chil- dren to be given at thefPalace maple and marble rooms on Friday and Saturday of this week. The bazaar will open at 2 o’clock on Friday afternoon and the public will be welcomed the remainder of the week, Saturday evening closing the affair. The Third Artillery Band will pro- vide good music. The decorations will be quite military in character, flags of all nations having been provided for the oc- casion. The board of lady managers of the wor- thy institution are working zealously in behalf of the coming event, which prom- ises to eclipse even the previous brilliant benefits for the little tots. The date of the sale has been very happily chesen being just far enough ahead of Christ- mas to give thoughtful ones an opportun- ity to select the most attractive and suit- able presents for their friends. Merchants and friends of the institution are making handsome donations for the sale. A few of the gifts are a $25 Paris hat from Ger- trude and Marion, $7 tailor suit from A. Goodhue, carved mahogany chair, Cordes Furniture Co.; water color picture from Latimer and another from F. Edith ‘Whitefleld and a beautiful vase from Na- than, Dohrmann & Co. Mrs. J. Bertz, the president, is making quite a feature of the celebrated Haija sisters of Cairo, who will tell fortunes and give advice. It is said that these sisters are educated natives of Palestine, speak- ing English almost as well as their own tongue. The sisters claim to have made a sensation last winter at Cairo with their marvelous feats in palmistry and clair- voyant readings, especially with the Eng- lish aristocracy. The sisters intend to winter in San Francisco and leave for the Orient in the spring. The mysterious grabbag to be presided over by Mrs. William Gerstle and Mrs. James Elder, is being diligently stuffed with interesting things. Miss Hager, Miss Spreckels and Miss Lily Spreckels will as- MOTHER-I-LAW J. B. Moraghan Is Taken Into Custody by the Police. ! g J. B. Moraghan, connected with . the Moraghan Oyster Company, attacked his former mother-in-law, Mrs. Mary Fay, at her residence, 510% Baker street, yester- day morning and was taken into custody by the police. 4 Moraghan, who is 25 years of age, was married to Miss Fay about three years ago and after two years a legal separa- tion was granted the couple. Moraghanm and his wife did not agree and by mutual consent they parted. " Since that time Mrs. Moraghan has re- sided with her mother on Baker street. All was serene until Moraghan came to the house yesterday morning in an alleged intoxicated condition. An argument arose between the ex-husband and Mrs. Fay and for a time war waged. Finally Mora- ghan struck Mrs. TFay, she says, and in tears and anger the lady telephoned to the Park Police station for assistance. Officer Phil Herring, accompanied by the patrol wagop, responded and Moraghan was arrested. Herring decided, under the circum- stances, to place a complaint of battery and one of disturbing the peace against the offender. , After the arrest a request was made by the parties conicerned to keep the matter a secret. Moraghan was released after he had spent a short time behind the prison bars. e e—————— SAN BERNARDINO, Nov. 10.—Fert Eell, a negre, was to-day sentenced tc five vears' -im priconment in Folsom, after pleading guilty to the charge of burglary. IKES FORMER BELIEVE JEITILF EZ TWO WOMEN WHO ARE AC- TIVE IN PROMOTING THE GIFT SALE. e B sist Miss Maud O'Connor and Mrs. Her- bert Law at the candy booth. Every avail- able woman on the board of managers | will preside at the novel booths and the young auxiliary girls will sell lemonade. O The Young Ladies’ Auxiliary of the Lit- tle Sisters’ Infant Shelter will give an in- teresting tea and musicale on next Satur- day afternoon at Sorosis Hall. Public sympathy Is strong for the shelter—a home where children may be left by the day or month to be entirely cared for. The object of the coming entertainment is to raise money to build a small hospital to be conducted in connection with the shelter. Tickets'are being sold for 25 cents, a very small sum, considering the excellent programme to be given. An in- teresting feature of the afternoon will be a “Punch and Judy” show for the chil- dren. { The ladies of the auxiliary promoting the affair are: Grace Willlams, president; Miss Lucllle vice president; Mrs. . Sprague, ; Mrs. John L, Deahl, treasurer; Miss Daisy Burns, Miss Lucy McNab, Miss Louise Heppner, Miss Florence Duggan, Miss Fiorence Bailey, ' Miss Nelrose Daggett, Miss Maud Cluff, Miss Emma Conley, Miss Edith Cutter, | Miss Cecil Carter, Miss 'Luella Clarke, Miss | Mabel Green. Miss Alma Huehne, Miss Alice | Jackson, - Miss Dottie Lipscher, Miss Erna Schmidt, Miss Mabel Wheaton, Miss Helen White, " Miss Charlotte Weir, Miss Blanche Doane, Mrs. E, Edwards, Miss Elsie Gor- ham, Miss Helen Grey, Mrs. Lester Herrick, | Mrs. Flovd Judah, Miss Alicia Mills, Miss | Alma Mitehell, Mrs. G. W. Rosecrans, - Mrs. Gage, Mrs. Walter Van Bergan, Mrs. Charles Sharrocks and Mrs, Charles Dunphy. 13 NOTED FORGER Police Say Prisoner Is Ex-Convict From Germany. . It is believed that the value of the Ber- tillion: system has been demonstrated in the case of Mark Jeitilf, who was arrest- ed about two months ago by Detective Ross Whitaker, and charged with having torged the name of M. Marsh & Co. to a check for $30 and passing it upon a mer- chant on Kearny street.” Jeitlif was em- ployed as a bookkeeper by Marsh & Co., @nd, it is alleged, borrowed money from his employers and fellow clerks on the representation that he had an income frem an estate in Germany. After his arrest a full description of him, made according to the Bertillion sys- tem of measurements, was sent to Berlin, and yesterday.Chief Wittman received a ccmmunication from the Berlin authorities stating that every measurement tallied exactly with those of a noted German forger who has served four terms in the Prussian penitentiaries for similar crimes, The police of San Francisco believe that the arrest of Jeitlif will turn out to be onejof the most important that has been made for some time by the department. The entire concurrence of measurements ’% said to be positive proof of the man’s entity, and some startling forgeries are said to be attributed to him by the Ber- lin police, LA et SO T Joe Kennedy May Meet Kelley. Joe Kennedy will meet the officlals of the Yosemite Club to-night at Harry Cor- | noon. bett's for the purpose of arranging a fight with Toothpick Kelley, as a preliminary to the Britt-Erne contest. ¢ FRANCISCO CALL, TUESDAY, NOVEMBER 11, 1902 OVERCHARGES 10 THE GITY MUST GEASE Commissioners of Works Sound Warning to Firms, S DR Van der Naillen Discovers Additional Excessive Demands. Board Will Engage Services of Ex- pert on Buying Supplies Who Will Aid in Uncovering Frauds. s e W The Board of Works met yesterday to take action regarding the charge of Com- missioner Van der Naillen that the city is being overcharged on prices for non- contract supplies. After Van der Naillen had explained that in making his allega- tiens public he intended no disrespect to his two associates, Commissioners Man- son and Casey, the board decided that in future any firm which overcharged for goods supplied to the city would be for- ever barred from furnishing any more supplies to the Board of Works. It was the sense of the board that the first of- fense in this regard would be cause for action. Commissioners Manson and Casey took exception to Van der Naillen making pub- lic his discoveries before making them known to them. It was stated by Man- son that the press had been hostile to the Board of Works in the past. “Then it is time to have the press on our side,” replied Van der Naillen to this assertion. “If we have any hopes of se- curing a clean administration we will need the support of the newspapers.” WILL ENGAGE AN EXPERT. After a lengthy discussion the board practically agreed-to a plan suggested by Commissioner Van der Naillen of en- gaging an expert on prices, whose duty it will be to check the amount charged for a given article and ascertain if it is cor- rect and just. Van der ‘Najllen has continued his in- vestigation into the charges for suppli and his most important discovery in that connection covered that for mantles. The city was charged $18 50 for 100 mantles of a certain make, while the price quoted privately was only $15, or $3 50 less than the city was charged. For 100 mantle§ of another make the city had to pay $21 50, and Van der Naillen learned that they could be bought for dozen sacks of sawdust cost the city $7 20, and the same firm and others of- fered to sell to a private purchaser saw- dust for 20 cents a sack, or $ 80 for two dozen: sacks. The following table shows a number of articles claimed to be over- charged in bills presented to the city, the first column of figures being the prices quoted to a private party and the second belng what the city was compelled to pay for the same articles: COMPARATIVE PRICES. | | Private. ARTICLES, City. Two dozen %x% stove bolts..| § 10| § 24 Two dozen %Xl stove bolts.. 10 24 Two dozen 5-16x% stove bolts 12 48 Two dozen 5-16xi stove bolt 12 48 Three pounds enamel Wire. 24 5 One gross 3%x18 F. H. scre: Z 64| 112 Seven pounds R.H. rivets 70| 105 One pound 3-16x% F.H. rivets 10 15 One pound. %xl F.H. rivets. 10 15 One pound 3-16x% F.H. rivets| 0 15 One pound 5-16x% F.H. rivets 10 ) One pound %x% F.H. rivets. 10 15 One pound %x1 F.H. rivets.. 10 | 15 Two gross 8xb brass screws. 50 96 One gross 1%x17 F.H. screws| 34 58 Half gross 1-12xi9 F. H. BOTBWS oovsoores oon 30 42 One pair iron door handies. 35 85 One brass square bolt, 21 in. 10 50 Two dozen 5-16x1% machine, bolts ... 2 16 96 Two dozen’ 5-16x274 holts ... i 20 | 15 00 | 17 50 One putty knife (Russel's) 20 One broad knife ... 35 | Two dozen sacks sawdust. 480 | WINE SOLD TO CHILDREN AGAINST LOMBARDI RULE On That Plea, Ralph Callahan .Ac- cused of Selling Liquor to Minors Is Acquitted. Ralph E. Callahan, steward in Lom- bardi's restaurant, 43 Stockton street, was tried before a jury in Police Judge Mo- gan’'s court yesterday on a charge of sell- ing liquor to a minor and was acquitted. The complaining witness was Mrs. Cora B. Lovett, 402 O'Farrell street, who testi- fied that her son Louis, 15 years of age, and her daughter, a year younger, went to the restaurant on Saturday, October 11, and came home in an intoxicated con- dition. Her son and another boy, Isaac Mannich, went to the restaurant the fal- lowing day and came home very much under the influence of liquor. She was corroborated by the two boys and Mrs. Eva Kyle. Callahan testified that he was out of town on the days mentioned, and when be returned and learned of Mrs. Lovett's complaint he discharged the waiter who bhad served the children with wine, as the walter had violated the rules of the place, which prohibit anything but tea, coffee omy seltzer to be served to minors. He was corroborated by Misses Clara and Carrie Genassi, proprietors of the restau- rant, and others. ——————— ALLEGED VOTE BUYING TO BE INVESTIGATED Election Commission Will Ask Grand Jury to Probe Almshouse Precinct Scandal. The Election Commission decided yes- terday to request the Grand Jury to in- vestigate the alleged purchase of ‘votes. on election day in the ‘Almshouse precinct. ]%agister ‘Walsh recommended in the fol- wing communication that action be taken: SAN FRANCISCO, Nov. 10, 1902. To the Honorable the Board ot Election Com- missioners—Gentlemen: 1 desire to call the at. tentfon of this board to the reported violations of the election laws of this State, which wers received in this office during the progress of the general election held on last Tuesday, Novem.- er 4, . From statements made by depu- ties the charge is made that the purchase of yotes was en and notorious, especlaily in the Thirteenth Precinct of the Thirty-ninth Assem- bly District, known as the Almshouse Precinct. J ‘believe this hoard will not permit of this con- Pduct, if it can be shown that these practices were' indulged in and will have the support of every good citizen In stamping out this alleged vicious assauit -on the- elective -franchise, 1 therefore recommend that this board call tupon the Grand Jury to investigate this matter and give them every assistance in its power to pros- ecute the offenders. Yours respectfully.- THOS. J. WALSH, Reglstrar of Voters. e Carpenter Injured by a Fall. Louls Urban, a carpenter residing at 155¢ San Bruno avenue, fell from the sec- ond story of a building at Twenty-second and Guerrero streets yesterday after- He was removed to the City and County Hospltal, where he was treated for a fracture of the left leg and a badly sprained right ankle. | $17 . Two | ADVERTISEMENTS. THE OLD RELIABLE ‘Abs’olutely Pure THERE is NQ fUBSTITUTE = A GEMETERY WAR NERRS THE END The war between the incumbent mem- bers of the Odd Fellows' cemetery board and the complaining lot owners is nearing the end, and a final adjustment of all dif- ferences is at last In sight. The terms of surrender—for this is the only word which properly explains the action of the existing board—have not beer! fully agreed upon, but it is believed everything will be satisfactorily arranged before the next meeting, on November 19. Nearly every demand made by the “in- surgent” lot owners has been aeceded to by the Odd Fellows’ board, and although the price of peace is regarded as quite dear, yet it is believed to be for the best interests of the cemetery association that the wrangle should cease. Recognizing the fact that the squabble in the board was not redounding to the credit of the cemetery association, the members of the incymbent board have practically concluded to swallow the med- icine prepared by the “insurgents” rath- er than run the risk of the complete dis- ruption of the association board. When the trustees met in annual session several weeks ago to fill certain vacancies caused by the expiration of the terms of mem- bers, the complaining lot owners, headed by H. F. Maass, Diedrich Becker, Adel- bert Pauba and 8. W. Apparius, insisted that the retiring members, who they maintained were hostile to the interests of the association, should be relegated to the rear, and that new and younger blood be infused into the association. CLAIMS ARE IGNORED. Quite naturally, the old board stood together in an effort to retain the men whose terms had expired. The claims of the objecting platholders were completely ignored. Disgruntled at this high-handed action, Maass and his followers met and proceeded to organize a board of directors to supplant the existing board. Maass was chosen president. At the monthly meeting following Maass and his direc- torate appeared at the office of the cem- etery and formally demanded possession of the books, papers, etc., claiming that they were the legally authorized and properly elected board of trustees. Their request for control was, of course, denfed. Then the Maass people, through their counsel, R. H. Countryman, ap- peared in court and, charging the present board with unauthorized expenditure of the association funds and asked for an in- junction restraining them from proceed- ing further. This injunction has not yet been granted, however, the matter still being in the court’s hands. In the meantime the members of the board of which J. F. Cowdery is at the head began a tug of war, and soon strife was rampant. The better judgment of the members came to the fore, however, with the result that overtures were made to the Maass people with a view to set- tling all outstanding differences. Several ccnferences have been held between the Cowdery board and the Maass followers with a view to securing harmony, and the indications to-day are that the Cowdery board will at the next meeting accept the nominations proposed at the last annual meeting, which was { summarily adjourned on the ground that a quorum was not in attendance. Messrs. Maass, Becker, Pauba and pos- sibly Apparius will be taken in to succeed the four men whose tenure of office has expired. It is understood that the Cow- dery people are willing to admit three of the Maass men to membership, but are unwilling to submjt to the dismissal of Cowdery. This is a point which the Maass interests are especially concerned in, be- cause, they claim, Cowdery is the onme man they desire to have supplanted. FIGHTING FOR PRINCIPLE. Even though the Maass people should succeed in ousting Cowdery the old board would still have a majority of votes, as its membership numbers seven, while the Maass people would have but four. However, the opponents are perfectly willing to drop all legal proceedings against the board providing they will take in the men whose names have been proposed. : ““We have been fighting for a principle,” said Lawyer Countryman in discussing the matter last night. ““There was never any intention on the part of the dissatis- fied plat-owners to bring about strife and discontent in Odd Fellows circles. Yet they felt it their duty to see that the —_—1 HARPERS / man’s carzer in the West—his start in business, election to Congress, temptaticn, struggle and final great success throuzh t2e love of a wcman— the domirating influence of the story. R T T S TR L VOB HARPER & BROTHERS Froklin Square, New York. money which belonged to the associa- tion was properly expended. We main- tain that Mr. Cowdery and his board had no right in justice or in equity to spend $140,000 in building a crematory and a columbarium. They say this money was spent with a view to making the ceme- tery a self-sustaining institution. “I take the position that this point is not well established. Is it not within the power of the city authorities at any time to close up the crematorium and the col- umbarium? Certainly. And if the people residing close to the cemetery should make a vigorous protest against crema. tions on the ground that the fumes ara nauseating and unhealthy the city au- thorities would be compelled, in justice to the property hoiders, to abate the puisance. Then, if this should be done, what would become of the $140,000 which the Cowdery board put out? However, | am glad the matter practically has been settled, and, as I belleve, for the best in- terests of all concerned.” ADVERTISEMENTS. ‘T CURE NEN! i Here is the way to get vack your vigor, to cure the “‘come and g0’ pains and aches in your back and sshoulders, to make yoursei? strong: and active, full of life and, courage. 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Hours, 11:05 to 2 p. m. Service as guests of hotel Rates, $7 per month. CHARLES NEWMAN COMPANY, Formerly Prop. Richelien Cafe. BEW ARB—0 Of impostors. Mayerle Glasses cannot be had from traveling B, opticians, Order direct from GEORGE MAYERLE, 1071 Market, S. F. German Eye- water 50c. Phone South 572 iy, $20 Belt for $5. . Yaw “Dr.Alden’s Electric Beit.” ‘Warraoted genuine. Not toy. No humbug. It cures without drugs. Circulars free. Sent by mail oni receipt of $5. Try Electricity. No Agents. PIERCE ELECTRIC Co. 206 Post St., SAN FRANCISCO. CAL., or 33 West Street, NEW YORK. N Weak‘Mén afid Women . JSE DAMIANA BITTERS, THE Hgl{:LDMe';xcu.n Remedy; gives health and strength to sexual organs. Depot. 323 Markec. e e, WINTER RESORTS ot Spru By CONTRA COSTA Cg.r("g..g Fine hotel, medern improvements, perfect appointments, Suits: with mineral baths. Waters and hot mineral and mud baths cure rheumatism and malaria. Address MANAGER LEWIS, Byron Hot Springs, Cal. Call on Lombard & Co., 36 Geary st b PARAISO SPRINGS. The leading summer and winter resort of the SihomDER, nl"u:’“mm:ln c’f ‘A.-.," <, Yi . e OF € at Montgomery st. p. -