The San Francisco Call. Newspaper, March 10, 1903, Page 3

THE SAN FRANCISCO CALL, TUESDAY, MARCH 10, 1903. HARRINAN. AND KEENE NOW FOES Prospect of Peace Be- tween the Rivals Disappears. | Director of the Wall Streeti Pool Starts a “Bear” Campaign. ket Price of Union Pacific Shares Is Forced Downward Eight Points During the { Day. | ————— Epecial Dispatch to The Call | NEW YORK, March S—For several days Wall street has been watching in- he developments in the contest es R. Keene has entered into with E.H All movements on the t order to have the stock placed on a dividend ing basis have en checkmated by the Southern Pacific r that the and es between the | the Harr lost e operations con on by al tement to-day ent of the con- een 1 Both parties de- worked aclers who over the It was George J were among ecial tral and rk. These sto- Y GO TO LAW. | e sole subject of he probable outcome of | Keene and the Un- EEENE MA rokerage b id to-day that legal right to it was a could not U of the t was also said made to obtain from the stock- hern Pacific regarding | g dividends. For this t have as manager of the stockhold- £° to law to erefore mials were made by members | n directorate of the It was said that s of Southern voted and that, s could be sold to the Union y propo the OF DIVIDENDS. of contention hetwee: es in the fact that be for the best Pacific to build s physical con- be on a par with ines rather For this ing spent out of QUESTION transcent v nds 4, believes that ng waited so long se, are entitled to nt enormous earn- | than likely that | n the courts. | e ctly say th will -z ement and that t » e's stock. Bazaar Proves a Success. | 2 nder the pices of the Cali- | wer League was given last r, of which Mrs. | man, was a signal continued during | sday of this weel. be an entertainment each even- hments will be served. DR. PIERCE'S REMEDIES. ~&hut your eyes, open your moutn and see what luck will bring you.” The mother smiles at the childish gime, and doesn’t realize that it is a game she as a woman+ has perhaps played for a great many years. Many & woman is weak and sick, nervous and discouraged. She suffers from headache, backache and other ills. She wants to be well, but all she does is to shut her eyes and n her mouth for medi- cine and trust to luck for results, She “doctors” month after | month, often | year after year, in this same | blind, hap-hazard fashion, and re- ceives no a- nent benefit. { vorite tion with their | yes open to the | t cures womanly ills. It cures y. Itdries debilitating drains. It heals inflammation and ulceration and cures female weakness. There is no trusting to Juck by those who use | * Favorite Prescription.” isplacement and ulceration of the uterus, gnd in a terrible condition with pain and weakness and had given up all hopes of ever being well again.” writes Mrs. H A. Brown, of Orono. Fenobscot Co., Me. octored with four different doctors with- four months, and instead of getting better was growing weaker all the time. I decided to t+y your ‘ Favorile Prescription,’ ' Golden Med- ] iscovery.” and ' Pleasant Pellets. as 1 had | of the many cures resuiting from their | 1 bought five bottles and felt s0 much bet- | Jeard e ter ‘nfier teking them that I kept on unti! Zam ! well as ever in my life. and to Dr. Pierce cil | e praise is due. 1 ot say enough in favor | of his medicines. 1 began taking your | medicines 1 only d one hundred ‘and | twenty pounds. Imow weigh one hundred sud ixty pounds. I gai Y mds in six onere Y shall doctor no more with home 1am now doctors. as it is only waste of money. _in perfect health, thanks to Dr. Pierce.” Dr. Pierce’s Pleasant Pellets clear the muddy complexion. | of the | and receive no salary, | and working for what he knows ought to be | with | 15 needless to say Assembly Committee Corfip]etes Astounding Arraignment of the Quentin and at State Prisons at San Folsom in Its Report Public Is Vigorously Censured for Permit- ting the Outrageous Conditions to Exist and Important Reforms Are Suggested % Special Dispatch to The Call. ALL HEADQUARTERS, SACRA- M TO, March 9.—The Assembly cial committee appointed to in- vestigate the affairs of the two State prisons at Folsom and San Quentin has completed its report, and of all State documents which have ever been filed at any session of the Legislature the report which that committee will file. to- morrow is perhaps the most severe ar- raignment of the prison system that has ever been filed anywhere. The committee finds that the system is rotten to the core, so far as resulting in the reformation of criminals, and that the effect of it Is that in the case of every man who serves a term at either of the prisons it makes of him a hardened crim- inal, who upon being released is likely to rey upon society The report very voluminous. The rst two pages recite the resolution under hority which the committee acted With that resolution eliminated the re- port is as follows: | no inquiry (there being no the mansagement of prison sher, nor into the L-urcha:ol supplie For a complete investi- | f the matters stated in the last quoted | weeks and months rather than d be required. We realize that any | in the midst of a session of the by members therof, busy with of the session, must be scanty and superficial where the subject is one so large, lex and so debatabie as the man- f prisons, There is danger that hastily drawn and boldly | grave injustice may be dome to worthy and that suggestions and recommend: i may be made that followed would do | fef rather than good. UNIVERSITIES OF CRIME. ere are certain facts, ex- pasent to suy | who looks into the matter at all, con- nd_emphasized by the men best ac- | with the State prisons of California, | n in to be proclair e State sed Our two prisons are no credit to the State. California boasts its place in the front rank of States, but her prisons lag & generation behind the bette. class of Eastern penitentiaries. The two prisons charge d to 1 public hem, facts that ought ¥ man and woman in | opinion 1s thoroughly | are schools of vice and universities o1 crime. and young men, of one against the laws, ¢ yet 1 me, are sent to these pris- g to be reclaimed, but to be systematl ¥ seduced and debased by u degraded | Associated for & term ars with | Jacket is used could be had for guards and for officers gen- erally. But under the constitution as it now is. such a system can probably not be adopt- ed in the prisons, ‘WARDEN SHOULD CONTROL. The next best plan is to put the actual pow- er of appolntment and removal where in the- ory it is—in the hands of the Warden. The Warden should be master of the situation and held fully responsible. We, therefore, think it should be ground for removal from otfice/] for any prison director hereafter to recommend or suggest, directly or indirectly, the appoint- ment of a person by a Warden to an office or-employment; and that it should be ground of impeachment of a Governor to make a sim- ilar suggestion or recommendation. The Gov- ernor, under like penalty, should keep hands off in the matter of appointing Wardens. The Warden at Folsom has not had a Pree hand in his office. and had been so situated as not to have a fair chance. /We believ that he is a kind and careful man/ that he had been constant and faithful in his office and has done his best. but we think that he has made t00 much of some convicts, causing jealousies and dissatisfaction. His clerk is & convict, and we find that this clerk 18 generally dis- trusted and disliked, and by many is regarded with marked hostility and contempt. We cannot learn that the strait- & means of punishment anywhere except at San Quentin. The majority of your committee (Bates, Bax- ter, Rolley and Soward Tecommend that the use of the straitjacket be not abolished by law. One reason for this is that the present backward state of our prison necessitates more drastic means of discipline than are found neces- sary elsewhere. They find that the Jackef a means of punishment in & penitentiary, is neither crue: mor inhu- man when judiciously used and its use regulated b{’ proper restrictions. But the Prison Directors should by rule re- quire that no convict be punished until after a physician has, by a physical ex- amination then had, determined that such convict is physically able to under- go the proposed punishment. The directors should also require the at- tendance of a physician upon a convict during the time the straitjacket is being placed upon him and while undergoing physical punishment, at least as often as once in every six hours. Such physician should have power at any time to release the convict from further physical punishment. For every use of the jacket there should be an order signed by the Warden or general overseer and -countersigned by the prison physiclan. The jacket should be used only to punish offenses of the most serious Kind, such as riot, assault, carrying weapon, emuggling oplum or refusing to work, ABUSE OF THE JACKET. The straitjacket has not at all times been heretofore used judiciously at the Folsom and San Quentin prisons, notably in the cases of convicts Shaughnessy and Thompsop at San Quentin and Deare, Smith and Wéltz at Fol- | som; and for this the officers should be cen- sured. Officer Randolph at San Quentin should ir boast utions ful s t th whose v men quipped | trains its | prisons only to that the proportion sing at an alarm- s great wrong res ide means for | utions. Cali- | the beautiful | Berkeley, 1l shapes and no | where 1500 0 t in cells an t work, in a small le, with no attempt | : bad _from | and vir- | | CELLS NEEDED. dent. The b ance with & e cells, | except those use incorrigibles and for those ¢ There is probably more i melessness prac- ticed @ Quentin of the things | nomy that has fa to provide ell for every prisoner and ing and grad- keep by them- | to be not ¥ Money is v a de- | , more we 3s of the upon the people and the Legislature making more continuous effort to aw terest on the subject. Surely the duties of a director do not end with auditing bills and having friends appointed to office under th wardens. We with to do the present members | board no injustice, but we think that | they have by no means met the requirements of their important office. ¢ are busy but a Californian ought not to be content to see the institutions with whose conduct he is charged rest at a stage ce passed by our progressive sister He not only ought not to be content see this, but he ought not to quit fighting done. The people of California once they realize the situation will find the funds for the needed changes. We recommend that the appropriation for nce of San Quentin prison be raised 0,000 to §150,000 and that the accum- ulated profits of the jute mill be not used for maintenance, as now proposed, hut be set aside for limprovements, to be expended in decordance with plans adopted by the board of directors, approved by the Governor and the State Board of Charities, 1f such board be established; such improvements to include a jute warehouse at a cost not to exceed $5000, an assembly hail (intended for use as a_public school, the pupils being most of them children of prh All the rest to be used in increasing cell room or yard room, or both, except that not more than $15,000 be used in erecting at Folsom a | building for all insane convicts in either prison But il it be decided that the profits of the jute mill must now be used for maintenance, we recommend that Senate bill 445 for the P of a building at Folsom for insane nvicis be passed, likewise Senate bill 661 T & jute warehouse at San Quentin. DIRECTORS IN POLITICS. In the debates on the present legislation it was argued In favor of an unsalaried Board of Prison Directors; that men of leisure, means and public spirit would be appointed, who would be glad to devote their time and thought to the prisons; that thus the prisons would be taken out of ‘the currents of party politics, and conducted on a high plane of philanthropy an eye single to the general good. . It that the dream has not come true. There have us been selected men full of business cares and active in party politics. Within less than three yeare af the adoytion of the constitution in an elaborate report 1o the Gover commission _headed by W. H. Mills showed conclusively that the | prison directors were using their office to pro- vide places for friends. More or less, that has | been the case ever si | Theoretically and constitutionally the war- | den_appoints and dismisses at his pleasure; practically he appoints at the suggestion of a member cf the board, or sometimes at the re- quest of the Governor or some other Star: officer, and often dare not dismiss. A general overseer wgs appointed at Folsom at the re. quest of @ recent Governor—a request belng equivalent to & command. The appointment 80 obtained placed the overseer under no sense of obligation to the warden. There was no feeling of loyalty or sense of subordination. A relation of open hostility soon developed be tween thera. The inferior, secure in his posi- tion, snapped his fingers at his superior and criticized and condemned him openly. At the rame time the commissary, theoretically hold- ing at the warden's pleasure, but actually se- cure because the brother of a director, was likewise at swordspoint with his superior. Such a condition of things is insufferable, discipline s impossible: the officers are the laughing stoek of the convicts. The only real remedy for this is a thorough system of civil service in the prisons. appointment on com- petitivk tests of fitness, appointment of men | that n officers), to cost not more than $2060. | not again be allowed to assist in punishing a prisoner. The majority, therefore, recommend that A. B. 792 be not paseed. All of your committee agrees that punish- ments, and severe punishments, are absolutely necessary; not so much to protect the officers as to save peaceable and docile prisoners from assault, and to prevent a spirit of insubordin- ation from spreading among the convicts. It appears to be the fact that several causes, prominent among them the antiqudled system of our prisons the good food and free and easy association of all the convicts, have made lifornia the happy hunting ground of pro- fessional criminals; so that the Wardens have perhaps more men'hard to handle than are to be found in other penitentiaries. Punishments are not effective are woree than use- less. - It has been found thdt at both prisons con- victs sometimes prefer loafing in a cool dun- geon to working in the hot sun, especlally at Folsom. We think it might be well to try, as a remedy for refusal to work, the Engiish method of the treadmill or some other device that will compel work, the most appropriate way to punish a man for refusing to labor be- ing either to deprive him of bed and board— the fruits of toll—or to place him in a posi- tion where he has no alternative but work, and work a little harder than that which he re- fused to do, EASY PRISON LIFE. We recommend that the practice of having | & conviet assist at the punishment of a fellow- convict should be discontinued. We find that the prisoners are not overworked; that their tasks are easily performed in six or seven hours a day without working Sundays or holi- days. We find that at San Quentin the supply 50d is sufficfent in quantity and of as good ity as ought to be furnished, but has been ai at times not quite sufficient in quantity or quality at Folsom for men performing hard work. The kitchen there is too much in the | charge of convicts. It should always be in ge of an officer. = not wise (o make prison life attractive or easy; the prisoner should be made to un- derstand, especially for the first year, that he is not only in confinement, but undergoing pun- ment. But we belleve experience in other States and countries proves that after the first month of severe treatment, by a system of marks and credits, and a chance for earning a better condition by good behavior, prisoners can be controlled with less punishment, and ways of industry and self-government Instilled into a considerable proportion of them which may, in time, enable them to return to soclety safe and useful men. We agree with Mr. Chamberlain, Warden of Michigan State Pris- on, as quoted in the Journal of Prison Disci- pline, 1896-7, page 63, that “no methods of dis- cipline that tend to debase the man should ever resorted to in prison discipline.” Some ars ago General Brinkerhoff stated that ‘‘in Europe upon the Continent corporal —punish- ments are prohibited. The most severe punish. ment is the dark cell, and that is seldom used.”” The main_reliance Is upon deprivation of privileges, The use of any other punishment to extort confessions or evidence is a crime and cannot be condoned for a moment. That punishment has been =0 used occasionally at San Quentin is admitted. OPIUM AT FOLSOM. We find that opium is largely used at Fol- som and is very effectually excluded from San Quentin. It has never been kept out of San Quentin except by the present Warden, who has made a persistent, successful fight against the drug. We heartily commend the discipline and good spirit maintained by Warden Aguirre; he seems to have the confidence and respect of the prisoners. The use of oplum in the prison affects badly not only the health of the con- vict, but their behavior. It leads to quarrels, fights, insolence and insubordination, A wali about’ Folsom might possibly render the intro- duction of the drug more difficult; it would at least make it easier to guard the prisoners. The position of a physician in a prison must be one of great difficult: He is constantly approached by fakers and felgners of aches pains and filness; he is dealing with victims of various vices, with persons of weak or disor- dered Intellect ,men Iignorant and often dls- gusting. It s fiot to be wondered at if under these conditions a prison doctor becomes father harsh, suspicious and unsympathetic, some. times neglecting a deserving patient. We think that such is the case with the physi- cians now employed at the two prisons. We say this with some hesjtancy, because our in- formaticp is derived from convicts. We found sixty-two Federal prisoners at | San Quentini two of them boys under 16. We strongly recommend that no more prisoners be | admitted from Federal courts to either prison urtil the State shall have provided adequate accommodations for its own convicts. We would go further and ask that the United States be requested to remove its prisoners from San Quentin. The little profit of keep- ing these convicts cannot be counted against the wrong done to them and to the State from | that much more crowding of the place, TOO MUCH ECONOMY. The testimony tends to show that there has | been under the present Warden at Folsom, at times, an economy a little too close in ' the matter of clothing and bedding for convicts, They need more blankets. ‘We recommend the introduction and pass- CALIFORNIA'S TWO PENITENTIARIES ROTTEN UNIVERSITIES OF CRIME } i ! ( MEMBERS OF THE LEGISLATURE WHO ARE TO THE FORE IN DE- BATE. SENATOR, =+ -+ oh CM BELSHAW. * recommend that the Prison Directors consider it it is not now advisable to transfer to Folsom all recidivists at San Quentin, taking back an equal number of “‘first-termers.” We do not attempt to recommend in detail a method | of classification and segregation, because such classification, etc., must be worked out and de- veloped as accommodations and opportunities are provided, and will require careful study by experts. We simply follow the almost unani- | mous opinion of experts in saying that classi- | fication and segregation ‘are necessary to bring | our prisons up to date. “In Europe as & rule” (and Europe fs_confessedly much in ad- vance of the United States in prison matters), “first offenders under less. than a three years' sentence are kept in separate cells, where they are -supposed not to see or know any other prisober. recommend that one of the Governor's | secretaries visit each prison once a month, be permitted to see every convict and 1o receive from any one any_ communication in_ writing addressed to the Governor. Any communica- tion seeming to the Governor to be worthy of further consideration may be investigated by such person or persons sibly members of the State Board of C! . as the Governor may choose. At the present time a letter-box is provided at each prison, to which only the board of directors are supposed to have access, We are not able to de r not other keys exist; but the prisoners generally believe that other keys exist, and have no confidence in the security of their communications, INSTRUCTIONS OF WARDENS. We recommend that any person her appointed Warden be required o speen: o least three months at the State's expense in visiting and studying prisons in other States before entering upon the disc ties of his office. “‘In Franc schools in the chief prisons. dens are sent to a_prison ss in Paris for half a year's special instruction.”—Howa Association report, October, 1802, Coe We hope that Assembly bill 424, which has paseed both houses, forbidding employment o inmates of State institutions in the manufac- ture of articles for the use of State officers or officers and empioyes of State institutions, may become a law. We recommend the pas sage of Assembly bill No. 1S, providing for & State Board of Charlties and Reforms. We un- derstand that the plan has worked well else- where and think that it Is worthy of a trial here. Such a board could do thoroughly what your committee has had to attempt hurriedly and unsatisfactorily. It could investigate not at all in a spirit hostile to the prison manage- ment, but in_hearty sympathy, seeking to aid in_making plans for improvement, and In so presenting the needs of prisons and asylums that sufficient’ funds would be provided, wise plans adopted and some consistent policy pur- sued. A transeript of the testimony taken by your committee will be fled with the clerk, and we recommend that a copy thereof be delivered to the Governor. Your committee could not in the few remalning days of the session hope to make further investigation, and therefore re- respectfully asks to be discharged. e BILLS INCUR THE VETO. Governor Pardee Objects to Some Measures From Both Houses. CALL HEADQUARTERS, SACRAMENTO, Maych 9.—Governor Pardee has votoed Assem- bly bills 70 and 612, and Senate bills 8, 168 and 349. He has sent thd following reasons for returning the bills without his approval: “To the Assembly of the State of Califor- ni: I have the honor to respectfully return herewith, without my approval, Assembly bill No, 70, together with my reasons therefor, as follows: “The bill provides for the payment, out ‘of the general fund, of a claim ‘for damages sus- talned * * * in loss of prcperty by break- age of Fremont-street wharf, the property of the State of California,” etc. While it is true that the claim is backed by a judgment of urt against the State, my opinion Is that such claims as thig should not be paid out of the general fund, but out of the funds of the San Francisco Harbor Commission.' “I have the honmor to respectfully return herewith, without my approval Assembly bill No. 612, to pay the Southern Pacific Company’s claim for transporting State troops, for the reason that, in my Judgment, the condition of the State treasury will not, at this time, permit the payment of clainis’ of this class. This is not a repudiation of the claim, but simply a postponement of its payment. “To the Senate of the State of Californ! I have the honor 1o Tespectfully return here- with, without my approval, Senate bl No. 88, appropriating $3046 75 to pay the claim of Marin County against the State for money spent in prosecuting criminal cases originat- ing in the penitentiary at San Quentin, togeth- er with my reasons therefor, as follows: It appears that the claim is made for money thus spent between the years 1557 and 1S04. 1t also appears that a part of the claim is for money expended by Marin County in conduct- ing inquests at the penitentiary under sections 105, 106 and 111 of the Penal Code, adopted April 6, 1880. These sections do not provide for the collection of such fees from the State after the date of the adoption of these sec- tions. ‘Therefgre, the sum of $1036 claimed as age of an act as follows: ‘‘Males convicted of a felony in any court of this State who have before such conviction beer. imprisoned in any State prison or penitentiary of this or any State or country. shall, if sentenced to imprisonment, be sent to and confined in the State prison at Folsom. All others convicted of a felony in any court of this State shall, if sentenced to imprisonment, be sent to and confined in the State prison at San Quentin. But nothing in this act shall-take away or Itmit the power of the Board of Prison Direc- tors to transfer convicts from one of safd prisons to the other."” only to lowest grade and Wwith prospect of prom:tion for faithfulness and efficlency. In that way, we blieve that & better class of men This is the suggestion of Chaplain August Drahms of San Quentin, perhaps the best au- thority in the State on criminology. And we due for inquests. and made a part of the amount appropriated hg this bill, is not a Proper charge against the State. = “Certain other claims amounting to $204 embraced in the amount/appropriated by this bill are also not proper charges against the State, thev having been incurred begween Jan- uary 1, 1873, and April 12, 1S80—see statute relating thereto, approved April 12, 1880."" “I have the homor to respectfilly return herewith, without my approval. Senate bill No. 49, for the reason that. in my judgment. the condition of the State treasury will not permit the payment at this time of claims of this class.” i . “T have the honor to respectfully return herewith, without my approval, Senate bill - No. 168, together with my reasons therefor, as follows: The bill provides, in effect. that three of the nine members of the State Board of Education may transact business. This | bourd is composed of ex-officlo members, and the duties they are called upon to perform are public duties of the utmost importance. It ought to be considered so high a duty by the members of the board to attend to ifs business that every member therof, when pos- sible. should lay ~everything else aside and cheerfully and gladly perform the duties of ‘the board. I am of the opinion that it is not good publlc policy to amend the law and lower the number of members required to do the business of th® State Board of Education. “GEORGE C. PARDEE “‘Governor of Californk: Pt bt GOVERNOR SIGNS BILLS. Chief Executive Affixes His Signa- ture to Numerous Measures. CALL HEADQUARTERS, SACRAMENTO, March 9.—Governor Pardee signed the follow- ing bills to-day: Assembly bill 393, by Copus, relates to the report of the census marszhal. It points out the duties of the officlal and empowers the census marshal to administer oaths to parents and guardians. Assembly bill 224, by Copus, provides for the establishment and maintenance of separate classes in the commion schools for the instruc- tion of the deaf. Assembly bifl 539, by Dunlap, appropriates $100 to pay the deficlency in the appropriation for postage, expressage and telegraphing in the Adjutant Generai's office. Assembly bill 394, by Walsh, amends the Penal Code relating to vagrants by including common drunkards. Senate bill 58, by the Judiciary Committee, adds new. sections to the Code of Civil Pro- cedure relating to giving, conditioning and ex- ecuting an undertaking with sureties by a per- son, corporation, partnership or association claiming to own property or an interest theria levied upon by execution in an action wherein the said person, corporation, partnership or association is not the judgment deBtor to re- lease the property so claimed from the levy and"lien of sald execution; to provide for the examination and determination of the suffi- clency of the sureties on such undertakin, to provide for king objections to such u: dertaking a for the examination and de- termination of such objections, and the giv of u new undertaking in case any objection made is sustained by the court or admitted. Senate bill by Devlin, relates to the de- terjmination of adverse claims or known aad unknown persons to real property. Senate bill 46, by Sav amends an act to provide for the rganization, Incorpora- tion and government of municipal corporations. Senate bill 50, by the Judiciary Committee, is to provide for giving, conditioning and exe- cuting an undertaking with sureties by the alleged grantee or transferee or the successors or assigns in an action where a transfer of property is sought to be aside on the ground that such transfer was made, to hinder, delay or defraud creditors so that after said undertaking is given the transferes or grantee to whom it is alleged the property was trans- ferred, grantee may sell or otherwise dispose of the property =o that the purchaser will take such property unaffected by such actlon and suit or the judgment which may be rendered. Senate bill 513, by Hubbell, provides that every person who sells or furnishes or causes to be sold or furnished Intoxicating liquors to any habitual or common drunkard is gullty of & misdemeanor. Senate bill 93, by Muenter, recordation of certain instrumen ficates of acknowledgment. Senate bill 256, by Tyrrell of San Francisco, repeals section 667 of the Penal Codg in refer- ence. to punishment for second offenses, Senate bill 254, by Tyrrell of San Francisco, provides punishment for second offenses. Senato bill 510, by Selvage, relates to the right of eminent domain and staying proceed- ings and judgments therein. Senatc bill 71, by Luchsinger, reads: The Attorney General may appoint three clerks and one phonographic’ reporter for his office. The_annual salary of each of such clerks shali be $1600 and the annual salary of the phono- graphic reporter shall be $1800. —_— FAVOR FOR MN'.I."A CRUZ. Legislature Passes a Bill to Permit Immediate Bond Settlement. CALL HEADQUARTERS, SACRAMENTO, March 9.—As a matter of urgency Wanzer's Assembly bill No. 966, for the reilef of the city of Santa Cruz, was passed by both houses to-day under a suspension of a provision of the constitution. In the lower house Wanzer himself secured the passage of the bill and in the Senate Hubbell introduced it for Byrnes and it was passed without division, The purpose of the measure is to enable Santa Cruz to compromise with the holders of a certain issue of bonds which by reason of some technical error resulted in the necessity for the issuance of another set of bonds, and the city is therefore bonded twice for prac- tically the same purpose. The matter has long been in the courts and the decisions have been against the city. There is now pending a proposition to compromise the matter hy the payment by the city of one of the bond issues on a basis of 70 cents on the dollar, and the holders of the bonds have agreed to this. It was necessary before this compromise relates to the and certi- \can be effecteq that a law be passed enabling cities of that class to take up their outstand- ing bonds immediately instead of waiting for the full term of the bonds, and the bill In- troduced by Wanzer is for (hat purpose. The reason it was passed as an urgency measure is that the people of Santa Cruz do not de- sire to have to wait two years moré before being able to settle the matter. PRESERVATION OF FORESTS. Senate Passes Bill for Appointment of a Commission. CALL HEADQUARTERS. SACRAMENTO, March 9.—Senator Woife succeeded in having Assembly bill 75, a duplicate of his own meas- ure, pass the upper house to-day. It provides for the joint Investigation Wwith the Federa: Government of the ,water resources of the State and of the best methods of preserving the forests and appointing a board of water and forest commissioners to conduct such Ve gations qn behalf of the State. The propriates $60,000 for the purpose. derstood that the Governor tavors the bill. 9 RIVERS it AND FLOOD ARE FEARED Lower House Passes Measure ~ Ousting Barber Examiners Government Boats Keep Watch on Missis- sippi Levees. Chances Very Small That Vote Will Be’ Reconsxdered Now‘AIlegheny and Monongahela | Cause Alarm at Pitts- burg. e — Ohio Is Falling at Louisville, but the Danger of a Disastrous Oves- flow Is Not Yet Averted. Special Dispatch to The Call. ALL HEADQUARTERS, SACRA- _MENTO, March 9.—The days of | the State Board of Barber Exam- iners are numbered. Their tenure in office will continue probably | only until it is possible for the Governor to act upon the bill abolishing that board. | That bill passed the Assembly this after- | noon, after a spirited contest. Dorsey of Kern gaye notice of a motion to recon- | sider, and if the Assembly to-morrow disposes of that notice the same way it | did of the commission there will soon be | an end to this decorative institution | whose sole duty seems to have been to do politics for Gage and his gang and which | since the election has been trying to do | politics to secure retention in office. Several weeks ago McMartin of San Francisco introduced a. bill In the As- sembly to abolish the board. A few days later the Senate Committee on Commis- sions, Retrenchment and Reforms intro- duced a similar measure, which passed | the Senate after a fight. McMartin then substituted the Senate committee bill for his own and that bill came up regularly | MEMPHIS, Tenn., March 9.—The river at this point to-night marks 34.6 feet and is rising. Jhe Weatner Bureau bulletin issued to-night states that the river al Cairo and Helena will e to rise at an increased rate and that a stage of i feet may be expected within twenty-four Lours and 37 feet by March 4. It further states that the present rise will continue until a stage of 38 feet or more is reached at Menphis. Weather conditions are similar much of the wrea drained by t Mississippl a ributaries from th headwaters of the former to the gulf, aud reports from ali points indicate heavy rains and swollen streams. It Is this condition and th that thb built since the flood of 1897 ave terially narrow the territory ove tne river cgn sad that the state ove: upo very m r which nent pi this afternoon. | of the probable stage of 38 feet is based. The argument used in support of the The greatest stage ever recorded at measure was much the same as had been | Memphis was } feet, and it is thought used in the Senate. It was shown that | that a greater stage must. cause much the members of the present board had | damage in the lowlands. What would oc- | Iife tenure of office berause; | | | practically cur from such a stage cannot be foretold there was no provision In the law for re- | The levees on both the east and west moving them. sides of the Mississippi are being It was also stated in the discussion that | strengthened at all yeak points and ai they had not acted honestly with the |such places will De subjected to the State. McMartin asserted that the niem- s bers of the board had received applica- tions for certificates from Santa Rosa and | had sent them there by mail, charging 8 each for them, and then that they had charged the State mileage for a trip to Santa Rosa which they had not taken. The same thing was done with applica- tions which were forwarded from Chico. greatest pressure when the flood is at height. Governmént boats are patrollir the river and men on foot are patroilll the embankments watching for suspicio or threatening dévelopments of any ch acter. There is little anticipation of se- rious trouble until the water approaches 7 feet. Reports from points farther down the < s It was also shown that out of the hun- | river show that much damage is being dreds of applications made for certificates | caused by the flood in the south. At not one of the applications had becn re- | Baton Rouge, La., the river reached 74.3 fused, the reason being that the members | reet to-night. a rise of .2 in the fas of the board were able to collect $ for each certificate granted. The statement was made that there is a shortage in the mileage account amounting to several hundred dollars. Allen, Dunbar, Foster and Dunlap spoke against the bill. Howard spoke for it.. On final roll call the vote stood 36 to 36 and McMartin secured a call of the | House. During the call a sufficient num- ber of members were induced to change | their votes to make the final result 4 to 24. Then the notice of a motfon to re-| consider was given, and to-night much work Is being done to change the result, but the friends of the bill are equally ac- tive and will endeavor to-morrow to lay the notice of reconsideration upon the table. Unless there are many overnight | changes they will succeed. It is almost | certain that the Governor will sign the bill. twenty-four hours. This is within a frac- tion of six feet of the highest water mark ot 1897. The water is some inches above the base of the levees on Trout street in that city. Discouraging reports also have been re- ceived from Vicksburg and Natchez. PITTSBURG, March 9.—Pittsburg was somewhat alarmed this morning by the weather bureau warning eof a 27-foot rives. The flood, however, will reach its highest at 23 feet at Herrs Island dam in the Al- legheny River to-morrow morning, cording to the outlook at 10 o'clock to- night. The stage is now 22.2 feet and th river is rising about one-tenth of a foot an hour. The Monongahela at the foot of Market-street wharf has twenty fee with the same rate of rise, while the stage at Davis Island dam in the Ohio | 18.8, The rise is coming principally from ti Allegheny, although the Monongaheia also furnishing much water. The fainfall was general over Western Pennsylvania. The only interference of the flood witl | ratiroad traffie is In Allegheny, where (kb Pittsburg and Western and Buffalo, Roch- ester and Pittsburg are unable to operate trains in their yards. Mrs. L. P. Sinclair. BAKERSFIELD, March 9.—Mrs. L. P. Sinclair, wife of the first Mayor of Bak- ersficld, who came to California some thirty "vears agp and resided in Grass Valley for many years, died to-day, aged 64 years. No Percentage Drug Co. 949<951 MARKET STREET South Side, Between Fifth and Sixth Streets [ U —— We are not in a Trust, never was in a Trust, and never will be. While we are the 'LARGEST CUT-RATE DRUG STORE ON THE COAST, we have not quite enough room to store a trainload of Pe- runa, Pinkham’s Compound, Swamp Root, etc., but we have stored a portion of a trainioad, which we invite the public to help us unload at the following CUT RATES: —_—— Peruna........eeee«...25¢ Brandreth’s Pills....... 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