The San Francisco Call. Newspaper, June 18, 1903, Page 10

10 SHARKS NEARLY EAT A SHILOR Emil Berlinz Has Narrow Escape From Death at Acapulco. Panama Liner Brings News of Probable Loss of Costa Rican Gunboat. The Pacific Mail Steamship Company’s | Acapulco arrived yesterday from Panama | end way ports with 1377 tons of cargo, | wenty-two pessengers and 222 parrots. | assengers was Emil Ber- the British ship | He left his ship at| where, a few days before the | he had a mnarrow | being eaten by sharks. He | the harbor and before reach him was the nd which revolved a school of harks. Berlinz screamed and | shed and was eventually rescued, but the sharks had partly disrobed end marked his limbs and body with | ™D teet This experience | Berlinz's seafaring enthusiasm. | his ship and is here to hunt a r inland as possible the outward vovage, on May 18, ma, the Acapuleo spoke gunboat Caraira, short 2s bound from Panama to The Acapulco supplied the ved, shipmates cor er aro g « both vessels re- | - the Acapulco ed F May on the P the Caraira had ed and are felt for her S was d by Augusto six men co’s second killed at Panama He leaves in this whose benefit the Acapulco w of sengers included it to Hongke a Mena and . NEWS OF THE OCEAN. A Grain Clearance. s Loth ¢ was cleared | for orders with 600, and 55,300 ctis e vessel also car age, valued at grain cargo cleared last clearance acques, which CLAIMS FRIEND SWINDLED - HIM George Miller Indorses Draft for Charles W. Reed. Inquiry Develops Fact That Paper Is Without Any Value. George Miller, whose place of business is at Si1 Brannan street and who resides in Oakland, secured a warrant from Po- iice Judge Fritz yesterday for the ar- rest of Charles W. Reed on a felony charge of obtaining money by false pre- tenses. Reed had lived with friends in Oakland for some years and became acquainted with Miller's children through attending the eame school. On Monday Reed drove in a carriage to Miller's home and told the family that he had just returned with the steamer from Panama. He was fashionably dressed and made an impres- sicn by his talk about his success in life. On Tuesday morning Miller recelved a telephone message from Reed that he was at the First National Bank here and as Le had a draft for $200 to cash he desired Miller to come to the bank and identify him. Miller hurried to the bank and at once identified Reed. The draft was drawn on First National Bank of Worceste: Mass., and was made payable to “'self. Feed explained to Miller that he was in business there and Miller had no hesita- tion in indorsing the draft and the money was paid over to Reed. r thinking ed it would be as well to make in- ry, 0 he asked the bank here to wire rcester and a reply was received rles W. Reed was unknown he police were notified and Mil- advised to swear to the warrant arrest, as he ls responsible to ank for the §200. Detectives are now searching for Reed. OCEAN STEAMERS. W YORK—Arrived June 17—Stmr Ma- jestic, from Liv and Queenstown Salied June 17—Stmr New York, for South- amp . for Liverpool. HON ) Arrived June 16—Stmr Em- pres: ja, from Vancouver via Yokohama. « TOWN—Arrived June 17—Stmr from Philadelphia for Liverpool, and proceeded Stmr Fatima, for Boston. s Movement of Steamers. June 17 TO ARRIVE, F “[June 1% e L Crescent Cit .|June 18 : N Humboldt -..|June 18 Shipping Intelligence. | & San Diego & Way Pts.|June 18 i China & Japan June ARRIVEI 14 hours from Green- 21 days 14 hours 11 hours. om W — from Fort & p[UE Sea Rover, Thompson, 20 hours from o CLEARED. Wednesday, June 17. Gielow, San Pedro; P C Thomas, San ichie, Queenstown; G n Castle, Roberts, Portiand; | Olsen, Mahukona; Chas s SAILED. Wednesday, June 17. f nd via Eureka iphin and Cottage for City, for 17—Stmr Columbia. n Francisco; stmr uth, fm Coos Bay. ed’ in_ June 17— a_for Tacoma. | Celtic Race, from Islamount, fm Stmr Grace ; Br stmr no: stmr ; stmr Queen, Willlam Notting- | Oceania Vance, for Adelai brig 17—Schr Western Home, hence SOUTH BEND—Arrived June 17—Stmr Sig- | nal, from Ast ne Wawona, for San Pedro. < Arrived “June 17— | i June 17—Stmr | ta Ross | MARSHFI cthon, for & SAN DIEGO— River. DRO—Arrived June 17—Stmr Coos | e June 14 | ne 15—sStmrs Coos Bay and Lakme, Francisco; schr Maria £ Smith, for —sailed Jume 17—Schr Albion, for GRAYS HARBOR—Arrived June 17—Stmr Centralia, bence June 14. Sailed Ju schrs C 17—Schr Mel- | Francieco. Sailed June . tor | Uw ! cis. Hoimes and Chas E | 17—Schr Abble for San Fran- | | | n Pedro. EUREKA—Arrived -, June I7—Schr Mary Bu! hence June 11. | Salled June 17—Stmr Santa Barbara, for Seattle: stmr North Fork, for £an Francisco, MENDOCINO—Arrived June 17—Stmr Green- ; od "x«n e June 16; schr Newark, hence | salled June I17—Stmr Phoenix, for San Francie ISLAND PORTS. | - | 16—Ship Hecla, schr David Evans, for As- HONOLULU—Satled June for Port Townsend toria j Arrived June 17—Stmr Nebraskan, hence June 9. ETERN PORTS. NEW YORK—Sailed June 16—Stmr Segu- ranca, for Cs PORTS. MONTEVIDEO—Arrived June 1 . tie L M m sealing craise. . o oohr Hat MOSSEL BAY Arrived prior t Ger bark Bille. from Oregon, | Jume 16— PORT AID—-Arrived June 17—Fr = from New York for Manila, eto Arrived June 17—Schr Robert Ludlow. Arrived June 16—Br stmr NDON—Sailed June 16—Br ship Mac) s, for Bunta Rosae. e Sailed June 17—pr Ympress of India, from Vaneouver. NEWCASTLE, NSW ship Glenlui, for San Francisco. NILA—Arrived Jupe 17. stmr e from Newcasti Austraia - KOHAMA —Sailed ‘tmr l"x\k}n‘A for San V‘rll’l('l.('i"u'.).e ot .ot ICTORIA, B C—Arrived June 17—Br sy Wyefield, hence June 13 f Ni H -3 Tyeteld. neics 3 or Nanaimo; Br stmr Salled June 17 stmr Cottage Oif Br stmr Amur, for Alaska; for Skagway. 5 Francisco; Ger stmr June 17—Schr or San Diego. Ce 17—Stmr Celia, | —Schr William e 17—Stmr | 7—Stmr Leela- | Mateo, hence rom Hongkong. { Arrived June 17— June 17—Stmr Arcat: | twenty. Coquille River -~ -{June ndocino & Pt. Arena|June os Bay & Pt. Orford.|June Portland & Way Ports. June Grays Har June 2 Mexican Ports. .. H K. Maru.. | China & Japan Rainier _ | Seattle & Whatcom. TO SAIL. Steamer. Destination. | Salle.| Pier. June 18, | | Coos Bay Direct...[12 m|Pier 13 Humbol¢ ¥ ler 2 Humboldt p Way.| 9 am Pier port & Way...| 9 am|Pier 19 June 19 | | Siuslaw River 3 pm|Pler 2 Los Angeles.| 9 am/Pler 2 Harbor | 5 pmiPier 10 os Bay direct 5 pm(Pler Humboldt .. | ® am Pier 10 China & Ja 1 pm|Pier 4 June 20, £ | i Alliance....| Eureka & Coos Bay| 7 pm[Pier 16 Chico. . Coquille River | 6 pm|Pler Phoenix. ... Humboldt 1 pm Pier 1 City Panam; N. Y. via Panama.|12 m|Pier & City Puebla | Puget Sound Ports.(11 amPier 2 Algo Eel River Ports....| 4 pm Pier 2 June 21. | | S. Rosa..... San Diego & Way.| 9 am|Pier 19 €. Neleo Seattle & Tacoma.. (10 am|Pier Pomona....| Humboidt ... [1:30 plPier 19 June % | | Coos B. & PLOrford|12 m|Pier San Pedro & Way.| 9 am Pler Astoria & Portland|11 am Pler .| Humboldt .. {9 am|Pior Arcata.. . Skagway & Way Ports.|June 25 .| Skagway & Way Ports.|June 29 Skagway & Way Ports. |June 30 Sun, Moon and Tide. United States Coast and Geodetic Survey— Times and Heights of High and Low Waters at Fort Point, entrence to San Francleco Bay. Published by official au- thority of the Superintendent. NOTE—The high and low water occurs at the ci front (Mission-street wharf) about ve minutes later than at Fort Point; the highest tide is the same at both places, THURSDAY, JUNE 18, Sun rises Sun sets . Moon rises 23 | 3:50—0.7(11:04 4 2 7 [ 838 —1ip1is2l 48] 322 241008 NOTE—In the above exposition of th the early morning tides are given in' the \ay hand column and the successive tides of the day in the order of occurrence as to time: the fourth time column gives the last tide of the day, except when there are but three tides, ag sometimes occurs. The heights given are in addition to the soundings of the United States T v Charts, exoept when:a minus (—) sign precedes the heights, and then the number given is ;_uhbtnflgd !;om‘flu depth given by the charts. e plane of reference is the the lower low waters. g T 5 Time Ball, Branch 'Hydrographic Office, U, 8. N. - The Time Ball on the Ferry building . dropped_exactly at noon to-day.—i o af nuay of the 120th meridian, or at 8 p. m.. Green- wigh time. I C. BURNETT, " Ldeutenant, U. S N., in charge. . \ the matter over Miller | fotofeimeiedotoiot @ | CARRIERS LOSE THEIR CONTENTION Supreme Court Decides Question of Moment to Publishers. Owners Have Right to Fix Prices to Be Charged for Newspapers. DRI o) Highest Tribunal in State Holds the Makers of Publications Are Sole Judges of What Terms Shall Be. e L The Suprems Court has handed down a decision of much interest to publishers, carriers and patrons of newspapers. In effect it gives publishers the power of fixing the rate at which carriers must de- liver newspapers and protects them for all time against what has often been found to be extortionate and unreasona- ble demands. The decision in full is as follows: In the Supreme Court of the Etate of Call- fornia. (Filed June 15, 1903.) | nished the defendant by sald company. | | price paid by defendant was 1 ehalis. . Mackinaw .| Tacoma u J Menes. . Seattle Argo. Eel River Ports 6 | Pomona. Humboldt Point Arena. Point Arena . C Bay San Pedro & Way Pts [June 19 mbia land & Astoria. June 19 San Mateo. . June 21 Valencia. .. June 21 | Cning Wo. a Manzanilio|June 21 Eurek: B +wjJune 21 Coropa.......| Humboldt -|June 22 Minnetonka.. | New York ...... {June 22 State of Cal.. | San Diego & Way Pts.|June 22 ralia -| Grays Harbor .{June 23 Santa Cruz... wport & Way Ports. June 2: G. W Elder. | Portland & Astorda....|June 24 Peru. -.|N_ Y. via Panama....|June 25 Herodot... Hamburg & Way Pts.|June 25 Q 3 Puget Sound Ports. Point_Arena | 4 pmPier 2 jJume -| Hathburg & Way..| 2 pm|Pler 23 | "une 25. ¢ . Grays Harbor......| 4 pm!Pier 1 | Syanes & Way Pty 2 bmpier 7 “uget Sound Ports. (11 am| 7 oo R —it am pier 2 Nevadan... | Honolulu, Kahulul.| 3 pm|Pter 2 o | S e T o, s G, ider| Astoria & Portland|1l amiPier 2 Ching Wo... China & Japan. o B Gaelic “hina & Japan....| 1 pm|Pier 40 Acapuico. .| N. Y. via Panama.i12 "m|Pier 40 FROM SEATTLE. 5 Steamer. : For. Sails. Dolphin. | Skagway & Way Ports.|June 18 Farailon......| Skagway & Way Ports. June 18 | City Seattle.. | Skagway & Way Ports. |June 20 Spokane. .....| Skagway & Way Ports.|June 23 ’_Iumboldl Skagway & Way Ports. |June 23 | City Topeka.. | Skagway & ¥ Porie. [June 24 | Excelsiur. +| Cooks Inlet & Way Pts.[Jun. 25 | Nome & St Michael. - |June 25 Oregon Nome {June 26 | | defendant and appellant. Department One. 3 The Stewart Law and Collection Company F. Krambs, (Inc.), plaintiff and respondent, v S, ¥., No. 2811, the assignee of the This is_an action by Tribune Publishing Company, a corporation, to recover the sum of $1452 18, & baiance al- leged Lo be due on account of newspapers fur- De- fendant, by his answer, denied the allegation of indebtedness, alleged a monthly settiement of his accounts with plaintiff’s assignor, and also alleged an indebtedness on the part of sald assignor in his favor for papers delivered to carriers, for expenses of delivering papers in an outlying district and for papers deliv< ered to deadhead subscribers. Plaintiff had judgment for $977 6Y. Defendant appeals from the judgment and from an order denying his motion for a new trial Defendant is the successor in interest of one Taylor, who on September 6, 1580, entered intv an agreement with Willlam E. Dargle, then the owner and proprietor of the routes of the Oakland Daily Evening Tribune, a news: paper printed and published in the city of Oakland, whereby said (COMMISSIONERS [ KNOCKS VAINLY Dargie sold and con- | veyed to Taylor the route for sald paper, with ! | | the exclusive right to distribute the same | within \a certain designated territory. The | consideration therefor was a certain sum for each bona fide subscriber within such district. The agreement contained the following pro- visi viz: “And the sald Dargle further agrees that he will furnish to said Taylor all of the said newspapers that he will require at | and for the price to be agreed upon by them.' Taylor agreed to pay for all papers monthly, the price to be so agreed upon, and to de. liver said papers to the It was proved that the contract should bind the heirs, executors, respective parties. In 1884 defendant had suc- ceeded tothe interest of Taylor in said agree- ment, as to a portion of the territory em- braced thereby, and it was stipulated that on November 1, 1843, the accounts between him and the Tribune Publishing Company bal- | ancea, PRICE OF PAPER. At that time the price of the paper to the subscribers was 50 cents per month, and the cent for each paper, or 26 cents per month for each sub- scriber, the average monthly issues of the aper being twenty-six. It does not appear how the rate of 1 cent copy was fixed. These | prices continued to October 8, 1508 On October 8, 1898, plaintift’s assignor noti- fied defendant in writin i that date the price of the papers to subserib- ers would be 35 cents per month, and the | price to him' would" be cents per month, | which would reduce defendant’s profit on each | subscriber from 24 cents to 12 cents. The de- | fendant objected to any reduction in his ( Profit, but continued to recefve the papers and deliver them as before the attempted change | In price. He, however, refused to pay for the | bavers any sum in excess of that which would still leave him his profit of 24 cents per mo for each subscriber: o2 e RS nd that i-1!‘]1\(14.1 to the defendant 90,701 coples of the pay r, and the first question presented by this appeal is as to the price plaintif's ar | signor_was entitled to receive therefor. the price fixed in the notice of October &, 1898, op such a price as would still leave defendant the profit he had been theretofore yecolviam The trial court found that such papers. weee delivered under the contract | the consent of the parties there of nty-three as ‘modified by to, at the price xths of 1 cent per The finding that the contract was Th ot was “modifie :) l«-rlr::genl of the parties thereto™ is xl(eu-k"g s being unsupported by the evidence. by : is no specificatios iy < Dl thaes to sustain the finding that the said were sold and delivered at the price of twenty- |lvr?e twenty-sixths of one cent per copy. jhere fs no evidence to sustain ‘the con- clusion of the court below that the o e was modified by conse e aat the fact that defendan | of price continued to receive the papers. DEFENDANT'S POSITION. The position of defendant seems to be that time to make a profit of twent month on each subscriber; as the price to each subscriber was not re- duced, below twenty-four cents he would cone tinue to receive the papers and retain that amount; that the contract was in seffect one for services on his yart, and his compensation vas to be twenty-four cents per subscribers. A e y-four cents per- and that so long original contract did not fix either t| be charged subscribers or the amaunt (ot Cels owner of the route was to bay for the papers | furnished him. Nor did it specify that | route owner was to receive any . designateq profit on the papers handled by him, which it would certainly have done had the fntention of the parties been as contended by defendant. It appears to have been recognized by the parties that these were matters that could not well be fixed permanently by these contracts for the reason that changes In the conditions might necessitate changes both In' the sab. scription rate and in the price to be paid by the route owner. Therefore no provision of thiy kind was inserted and the matter was laft open. It appears that in some way, undisclosed by the evidence, the minds of the quently met upon the rate of one o for several years. That fact, however, did not | establish a rate binding for all time. Tf it had { been the intention that the rate fiyst fixed | should be permanent it would naturally have been specified in the contract, and the only apparent reason that it was not specified was that it was to be subject to change. It is true that Dargle agreed that he would furnish all the papers that might be required “at and for the price to be agreed by them but, considering the nature or this contract, and all the provisions thereof, this meant . no more than that the rates to be charged from time to time should be eatisfactory to both parties. and that he would furnish all ‘papers that the route owner might require for his business at such rates. There is nothing in the agreement that required Dargle to continue o furnish papers at a rate that wi - ceptable to him. A AGREEMENT AT END. Under this contract, If the partles coul agree as 0 the price {0 be paid for the papers the agreement was practically at an end. . So long as the route owners paid a price that was satisfactory to Dargle and his successor. the Tribune Publishing Company, and perormed the other terms of his contract. and the con- tract remained unrevoked, he was entitled to retain the privileges granted by the contract and the agreement has no other effect. 4 When he continued to receive the papers in the face of the motion that the price to him was twenty-three twenty-sixths of one cent per copy he must be held o have consented (o that rate and to have become liable therefor. 2. Between the first day of December, 1503, and the commencement of this actlon, defend. ant, acting under the instructions of the Trib- une Publishing Company, delivered a large number of papers to varlous persons, withone collecting from such persons. papers were known and designated by and between the parties as ‘dead-heads.” = At first such papers were not charged agalnst defendant at all, but for several years prior to the com. mencement of this action the papers so fur- nished him for such delivery ‘were charged against him with the other papers furnished, and the court allowed him, 'as a credlt o ccount thereof. the price charged him for thn papers, adopting the theory of plaintiff thas ;_:: defendant was not entitled to any profit thereon. Defendant’s contention was that he w; e titled {0 collect the regular subscription” rens from the Tribune Company. It does not appess. in the record what the object of the free de. livery was, but it is & matter of commen knowledge that proprietors of newspapers fre- quently adopt this method of making their papers known and used, to Increase their cir- administrators and assigns of the | nt of the parties, except | it in the face of change | The agreement cannot be so construed. The | the | parties subse- | ! regular subscribers | thereof to the satisfaction of Dargie. ! ally on brisht day: Proposals for Extending Broadway Wharf No. 2 Are Opened. Harbor Board Expresses Ap- preciation of Hender- son’s Services. i The State Board of Harbor Commission- ers met yesterday afternoon, President C. H. Spear in the chair. Commissioners Mackenzie and Kirkpatrick also were present, Bids as follows were received for the extension of Broadway wharf No. 2 to the new pler headline: City Street Improvement Company, $13,607; Robert Wakefleld, $14,850; Dundon Construc- tion Company, $14,707; Hyde Construction Company, -~ $14,682; Darby Laydon & Co., $14.- 227; James A. McMahon, Guit and Pacific Company, Coast Steamship Company, $17,2 Consideration of the bids was post- poned for one week, in order to afford the Commissioners time to ascertain the amount that will be offered for the lease of the wharf. The following bids for the construction of ‘a shed on Broadway No. 2, pler 1I, were opened: James A. McMzhgz, $4884; Hanna Bros., $4053; Pacific Coast Steamshlp Company, $3818'8S; Frank Gallagher, $4985; Fred Miller, £4533. The bids were lald over for future con- sideration. The secretary was directed to advertise for bids for a new engine to be used on the belt railroad. It is estimated that the locomotive will cost $8500. Bids received at the meeting last week for Mission wharf No. 2 and for cement were again laid over, pending lease pro- posals. PAINTERS WANT INCREASE. A representative of the district council of painters addressed the board, request- ing that the maximum wage of $4 per day be allowed to painters working for the State. The minimum wage of $3 50 is now paid. President Spear explained to the dele- gate that the State did not reduce wages during the depression from 1882 to 1896, and also dwelt upon the fact that the painters had steady work at $3 50 a day, a rate within the union schedule. It was shown that there had been an advance of wages by the board recently of $1400 a month on a payroll of $20,000 a month. The application for the increase was taken under consideration. Commissioner J. C. Kirkpatrick, having been appointed a committee of one to ex- press the board’s appreciation of the serv- ices of Percy Henderson, former Chief Wharfinger, presented the following re- port, which was adopted by unanimous vote on motion- of Commissioner Mac- kenzle: Mr. President: Having been honored by your suggestion that I prepare a _resolution expressing the esteem in which Mr. Henderson, the outgomng Chief Wharfinger, is held by board, 1 have thought it might be well to say a few words as to what constitutes the du- ties of this very important office. Previous to my own acquaintance with the actual duties of the water front I had, I think, a vague idea that the Chief Wharfinger enjoyed a sine coming down occasio to stand at the pler head exchange pleasantries and fond farewells with outgoing captains, and | of ivory and silk, paroquets and monkeys and n of insufficiency of evidence | papers | that from and'atter | And lest oihers should have other tropical curiosities from incoming ships, the same erron- cous view I will call your attention to a few facts, On’ the water front of our harbor here San Francis room. In addition to this there are two miles of bulkheads between the plers and wharves, to which vessels may be mocred, as well as to the wharves themselves. In order to un- derstandingly fill this office, as has been done by our friend, Mr. Henderson, it is necessary 1o know the exact length in feet of each wharf and of each side of each wharf, as, ow- ing to their not having been bullt at right angles to the shore, many of the wharves are of different length tipon the opposite sides, MUST XKNOW SHIPS. in He must, in addition to this, know practi- cally the length of all ships which come here in order that they may be properly lo- cated and properly placed. He must not, under any circumstances, put a 400-foot ship at a wharf 600 feet long and expect fo reserve the remaining berth at that wharf for a ship of any size. In addition to knowing the length of the ships he must practically constitute L e e S R . ) culation, a method designed to advance the interests of both the papers and the route own- ers. tirely silent as to this matter. It is hardly reagonable to suppose that either party thought that the Tribune Company should pay defend- ant full subscription rates for such service, DEFENDANT’'S CLAIM. It appears that during the later years de- fendant made the claim that he was entitled to such rates, but the trial judge was fully by his contract he acquired the right for ali | fatisfled in finding that such claim was never assented to by the Tfibune Company, and that defendant should be allowed on account thereof simply the amount charged against him there- or. 3. The defendant claimed an offset of $133 for expenses incurred in delivering papers In what is called the Pledmont district. While this was a part of defendant’s route, and de- fendant was therefore obliged to deliver papers therein, it was entirely competent for the par- ties to make a speclal arrangement as to prices in regard thereto. According to the testimony there was, for some time, only thir- teen subscribers therein, and the téstimony of defendant that there was an arrangement be- tween him and the Tribune Company, under which the company was to reimburse him to | the extent of one-half the amount pald by him for a Piedmont carrier, and the whole of the car fare, is uncontradicted. Such an arrange- ment would entitle him to at least *5 60 per month, as the testimony shows, and tiere was no attempt to dispute the claim of defendant that such arrangement continued from Novem- ber 1, 1893, to December 1, 1895. The court found that defendant was entitled to only $36 for this service, but upon what theory that conclusion was ‘reached does ot appear. If defendant was entitled to anything on this item, he was, under the undisputed testimony, entitled to the full amount claimed. This finding of the court is not sustained by the evidence. 4. The court further found that the alle- gation of the answer that defendant furnished monthly to the Tribune Company a correct statement of account, which w: received by such company without objection of any kind and was acquiesced in and assented to by it, is not true. We cannot say that there was not evidence to support the finding that such state- ments were not acquiesced in and assented to by the Tribune Comvany. RECORD IS LACKING. While many of the receipts in advance con- tained a recital that the money was received on account of a particular month. there was evidence that defendant, when maiing & pay. ment, often said that he wanted to pay it on some particular month, and on many oc- casions the recital was inserted for that reason. But the monthly statements, with the ex- ception of two, ‘are not in the record, and it is Impossible to ascertain whether the amounts #o paid on any particular month con- stituted the full amount due for that month. The recital of February 9, 1895, oi “Jan'y account,” especially relied on, has no special significance. It {8 not materially different fro “‘account January,” or ‘‘on account J; Uary. Many of the receipts were simply ‘‘on ao- count.” There was evidence that on some occasions he asked for a receipt in full and was refused {t—that on other occasions he was told that the statements would not be accepted—that he was told that the charge for “‘deadheads’ which he testified was always included in the statements, though the same does not appear in either of the two statements in evidence, would not be accepted, and that finally he was refused receipts purporting to be on account of any particular month. The evidence on the question of statsd account may well be said to be conflicting. ‘The insufficiency of the evidence to the finding of the court as to the due defendant on. account of the Pledmont district will nacessitate a new trial, unless plaintiff will consent to a modification of the judgment by reducing the same by $97. It is ordered that the judgment be re- versed and the cause remanded for a new trial, provided that if the plaintiff within thirty days after the going down of the re- mittitur, file its consent to the entry of Judg. ment in its favor for $580 60 and $192 05 costs, N0 new trial shall be had, event the lower court shall enter Ji udgment ac. cordingly. ANG! L J ‘We concur: SHAW, J. VAN DYKE. J. this | or to accept presents | » ‘there are seven miles of wharf | The agreement between the parties is en- | { and in that | REGEIE BID5| AT PRISON DOOR Royer Sad Because He Cannot Go, to the Penitentiary. Convicted Postal Employe Fears Serving of Double Time. Charles H. Royer wants to enter San Quentin penitentiary as a prisoner and is refused permission to do so. It is un- usual for a man to be trying to break into Jail, but in Royer's case the effort ap- pears to be a wise one. He conducted a drug store at Washington and Mason streets and was also in charge of the United States branch postoffice there. He was convicted of embezzling stamps and postal funds to the amount of $1373 and was sentenced on May 14 last by Judge de Haven of the Unitea States District Court to serve twenty-six months in the State Prison at San Quentin. Royer from the time of his arrest has been represented by four sawyers in suc- cession. After his sentence the attorney who then had his case appealed to the United States Circuit Court of Appeals, which still has the matter before it. That court has adjourned until August, and Royer, having come to the conclusion that it is a very deliberate as well as dellberative body, would rain withdraw his appeal and go to the penitentiary and serve his time, rather than remain in the County Jalil for two years, like Dimmick, and then have to serve the full time after all. The application was made to United States District Judge de Haven yesterday morning, but De Haveir wouird have none of it. He had sentenced Royer and that was as far as his jurisdiction extended. The conrt would not assist Royer in his laudable effort to break into prison. The pending appeal 1n the higher court keeps the prisoner away from San Quen- tin against his will, and notwithstanding that Royer desires to have the appeal dis- missed and thereby save time, he must awalt with patience the slow grinding of the mills of justice, which, like the mills of the gods, grind exceeding fine. — ee————— Neglects to Report a Case. James A. Emery, of Health, secured a warrant from Police Judge Mogan yesterday for the arrest of Dr. S. M. Mouser of 707 Bush street on the charge of violating the health laws by not reporting a a croup. The afflicted child was McKinley Getchell, 6 years of age, who died at 1200 Franklin street on June 13. Dr. Mouser was arrested and released on $30 cash bail. @ et @ hifmself a shipping register and know where they all are, the length of their voyage and the time at which they will probably return to this port. Failing in this knowledge, he may have a most important vessel arrive and no berth of sufficient length to hold her. He must know the build of e snips and the lo- cation of their hatches, in der that he may locate them at wharves where the doors in the wharf shed will correspond with the lo- cation of the hatch in the ship. He must know the draught of each ship, whether loaded or unlcaded. \He must know the depth of water at each berth and must know that one ship may be docked with safety at the outer end of the pler, and that another can, with equal safety, be docked at the iuner end, where there is less water. He must consider the size and draught of each vessel in locating het at the different wharves with reference to the strength of the current at that point, it being entirely impossible to dock a certain class of vessels at the northern end of the water frout that can safely be docked at the southern end, where there is le: current. He must also have a certain familiarity with the class of '§0 carried by the regular incoming ves- in order to make a proper distinction be- tween those that can safely discharge on an open wharf and those which must have a cgvered wharf. He must know those which can discharge their cargo at once and those which have to discharge their cargo in bond. In addition to these few matters of informa- tion he must have a continual eye upon the different piers or wharves to see whether dis- charged freight is being removed from them with sufficent promptness, and must have a fair and judicial mind to enable him to de- cide when people are leaving freight upon the wharves for some good reason and when they are simply using the State’s property as a free warehouse. He must have a general idea of the amount of cargo any vessel is likely to discharge in order to know whether the returns upon which we collect tolls are ap- proximately correct or not, and any one re- ferring to the minutes of this board and noting therein how often matters of this kind, which are of serious weight to the shipping community, bave been referred to the Chiet Wharfinger with power to act, and noting also the fact that his decision in the case has usua(ly been satisfactory to the shipper, wil see that he must have not only a nautical, but a judicial mind, Thinking of all these multitudinous dutles and of the uniformly cheerful, courteous and efficient manner in which Mr. Henderson has discharged them, we must come to the clusion that he himself is cak ribbed and cop- per fastened, and that he rates “Al’" and starting him’ on his farther journey, we wish to load him down to the water line with good wishes and_thoughts of kindness and affection, We hope that his voyage may be a long and prosperous one. and that when he at last docks in the final port may be after he has long been posted as “overdue.” Therefore, Mr. President, 1 present the fol- lowing resolution: Resolved, That this board expresses sincers regret at the termination of Mr. Henderson's term of office and tenders to him fts most heartfelt thanks for the cheerful and efficient manner in which he has discharged his duties. sel. RAILWAY TRAVEL. California Limited... 7o CHICAGO ‘\ An Ideal Train (Santa ["(') For Those Who ' Seek the Best. SANTA FL TRAINS. Leave Market-street Ferry Depot, Local | Lim'd | Locai |Ov'rI'd Dally | Dally | Daily | Dally 0 a| Lv. San Fran. Ar._ Stockton. ** Merced ** Fresno Hanford ... Visalia Bakersfield .. Kansas City. Chicago a for morning; p for_afternoon. a. m. Daily is Bakersfleld Local, stop- ping at all points in San Joaquin Valley. Cor- responding train arrives at 8:55 a. m. daily. 9:30_a.m. Monday and Thursday {s the Pal- BTN, osbgme ace Cars and Dining_Cars through to Chicago. Chair car runs to Bakers. field for accommodation of local first-ciass pas- sengers. No second-class tickets are honored on this train. Corresponding train errives at 11:10 p. m. and Friday. 9:30 a. m. Daily, Valley Limited, Composite Car and Reclining’ Chair Car betwaen Bakers. field and San Francisco. Corresponding train arrives at 11:10 . m. daily. 4:00 p. m. is Stockton Local. Corresponding train arriveg at 11:10 a. m. dally, $:00 p. m. Dally is the Overiand Express, with through Palace and Tourist Sleepers and Free Reclining Chalr Cars to Chicago; also Palace Sleeper, which cuts out at Fresno. Cor. responding train arrives at 6:25 p. m. dally. ‘Bersonally conducted parties for Kansss 'c’m. Stonday. Thursday and Saturday a5 p. e lay, at 8§ m. Offices—611 Market street and in Perr vot. Sau Francisco: 1112 Broadway. secretary of the Board | case of membranous | | | | RKET o De- | e -dsnmmo'lr(n.v.i’:‘m‘a A Walking Encyclopedia An experienced excur- sion manager-is in charge of the Rock Island tourist sleeping " cars, which leave San Francisco radays via El Pase, Mondars, Tuestars and T ays via Colorao Springs. He is a walking encyclopedia of information about trans-continental travel, and his sole duty is to help make your trip comfortable. Call—or write—for folder giving full taformation. F. W. Trompsoxn, G. W A, 623 Market St., San Francisco, Cal. ock Island Sysiem d are due to arrive at AN FRANCISOO. (Maln Line, Foot of Market Street ) Taave _ — Fuow Juss I, 198 — o Benicia, Sulsun, Eimire sd Sacre- ifiurlmgmnl 7 7. 8.004 5.28» 8.304 7567 4.25» ‘g: 8.56» 12. o o1.30¢ JE HU fe | I 004 Vacavilte, iinters, famae; . acaville, 304 Ras ali bt 1482 e e e T o Niles, Lathrop. Stockton. . ;& lh"l.'\)oldllng.rol?lll[ehll(cl_;::lll. tile, v 3 ects 2 2 Marysviile for Gridiey, Biggs n gastern 1ri Atiaatic Expres bt ind g 1 'fi: Port Coata, Martiner. Antioch, By- | Ton, Tracy, Stockton, Sacramento, Los Banos. Mendots, Haaford. Visaifa. Porterville . . m4.280 Port Costa, Martinez, Lathrop, Mo- . desto, Merced, Fresno, Goshen Junction, Bakersteid. e Experience has taught us just what {Fator ed Bia, Portiand. - to provide in order to make the long || $304 Nt 388 0 LRI SRS i i i \ Red Bluft..... overland trip attractive. T‘l‘le sleeping } ork;'-’l'ef'cx;,t:(f:':o'.mm:m = cars used on our weekly “Personally T Tuolumae .s‘::xfi,:‘:l' Conducted” parties are just as com- - b b v = fortable as possible. The sleeping g o g~ g el ey berths are even a little bit more roomy throp, Stockton, ced, Ray- 3 kersfield. Los than those in the standard Pull- Boasiont ::E‘n;""";'&:':'?ie‘c‘?"" i a8 oast iman cars, and the linen and blankets ;‘;‘;::,;,,;g‘_" s . used are the same in each, while the Tlgengev:r}.’n.;ah .1:13’:‘:::‘; Ogden, price for a double berth is only $5 to Hayward. Niles sod Way Statfons Dmaha or Kansas City, $6 to Chicago Sacramento, or St. Louis, and $8 to Boston. Less than half the regular price. The route is through Salt Lake City and over the famous Denver & Rio Grande Sacramento River St Benicia. Winte: Woodiand, Wiiliams, Colusa, Wil- Knlghts Landing, Marys Calistoga, Santa Rosa. Martinez, Tracy, Lathrop.! Railway to Denver. The most intensely p i A g g F,':fi'.fi‘:,‘i’.‘."(; RoL A interesting ride in America. Kindly T - =l g " 3 A les: write for particulars. Becis st Saagus for Bants Ber bara 858 W. D. SANBORN, Gen'l Agent Burlington Route, 6.007 631 Market St., San Francisco, Cal. Phone, Main 1188. 3 Ogden, Denver, Omaha. St Louls. Chicago. (No day coaches run on this train bei Saa Francisce snd CALIFORNIA N‘ggg’ggfl“ RY. CO. 'm‘n?)" e : . 42 I unse , = From New York, Chicago, New SAN FRANCISCO AND NORTH PACIFIC Qrieans, E1 Paso, Los Angeien: RAILWAY COMPANY. Tosemite), Martines. Arrives.: 8.2 Tiburon Ferry, Foot of Market St. 7.00r San Pablo, Pori Costa, Martines 1 SAN FRANCISCO TO SAN BAFABL. R e 5+ WEEK DAYS-7:30, 8:00. 9:00_ 11:00 & m.; | ‘1005 Sacrumei 12:35, 2:30, 3:40, 5:10, % Intermediate Station: . 7.855a p. m. 8.06¢ Oregon & Cl"ffirnll"%IP ‘Reaatn, SUNDATE 7 30, 8:00 90 Fortiand. Puger Sound sad East: 8.584 $9.107 Hayward, Nii ind San Jose (Sun- - pA 11584 .26» P , Lath M - st Merced Ramond. Fresno, g Hanford, Visalia, Bakersield. COA(SFT Llut (Narrow Gauge). ‘00t of Market Strest.) | T7asx Senta ‘Cruz Excursion (Susdey - SUNDAYS—6:50. 3:40, 4:30, 5:00, & cept Saturda or Leave In Effect Arrive ouly; . 8 SanFrancisco.| May 3. 1908. |SanFrancisco. | 8184 Newark. Centerviile. Sen Joss Veok o Destina- Sun- | Week Cruz and Way Ststions.... 8552 e e tion. 12.16» Newark, Centervilie, San_Jose, - New Almaden, Los Gatoe, Feiton, 48 & Boulder Creek, Santa Cruz snd 40a Principal Way Stations .. . 10.58a Ignacio. 202 | 4167 Newark. San Jjose. Los Gatos and 20 way stations (on Saturdsy and 25 p Sunday runs through to Sants Cruz, connects st Felton for s Toulder Creek. Mondsy only i fans from Santa Cruz)................ Petaluma, »| 8:20 p KLAND HARS e aAE Pl 7:25p | From SAN FRANCISCO, Foot of Market St. (Slip#) Santa Rosa. [} : . . = & 08 Fult BRER 18:05 10:00 a- 2 Pl 72 AST LINE (Broad Gauge). 17255 ARt N d Btrecy Windsor. | 8.104 San Jose and Way Stations. sTRg Healdsburg. 8)10:20a | 47004 San Jose and Way Stations.. L8 Lytton, | 54 00a New Almaden.. ....... ..... 14 Geyersviile, Pl 7:25p | 17.18a Monterev and Sents Cruz Excur Cloverdale. 1 800 (Sandsy 0BlY) ... s eee BT % 8.00a Cosst Line Limited—Stops only San Hoplan Jose, Gllroy, Holllster, Pajaro.Cas- d_Uklah. ;‘r:;me.ss-uml. San Arsd.o‘m Vi 1#8, Santa Margarita, San Lu : L (R L B 0Obispo, (principal stationsthence) EE a| Camp Vacation. Santa Barbars. and Los An- 213 0p| Guerneville. seles. Connection ot Castroville to and from Monterey and Pacifie 8: e Grove and at Pajaro north bound 5: R Bftow-3 = from Capitols and SantaCrus.... 10.489 10:20a[10:20a | _ 8.004 Bab Jose. Tres Pinos, Capitois, 23 Sebastopol. 7:25pl 6:20p | - SantaCruz,Pacific Grove, Salinas, 2 San Luis Obispo aud Prineipsi STAGES connect at Santa Rosa for White Intermediate Stations 4100 Coast Expreas. Westbound. —From New York, Chicago, New Orleans. El Paso. Los Angeles, sulphur Springs; at Fulton for Altruria and SaPhUT eat Springs: at Lytton for Lytton Springs: at Geyserville for Skaggs Springs: at Cloverdale for the Geysers, Booneville and Santa Barbara. Arrives. 130> Greenwood; at Hopland _for Duncan Springs, | 10.30a San Jose and Way Stations. 1200 Highland Springs, ’:;Ekll(g‘llk. - CB.:“I d | 11.30a 5-7 J Los Gatos and Way Sta- Sod: Bay, ep: an rtiett tions Springs, k San Jose and x3 30w % at Ukiah for Vichy Springs, Saratoga | ®]. Springs: Hlue Lakes. Laurel Dell Lake, Witter Upper Lake Pomo, Potter Valley, | 18 Del Monte Express—Ssnta Clars, , Riverside, Lierley’s Bucknell's, 8an Jose. G!lrflyA Hollister, Capt- Sevens, Hopkins, Megdocino CIiy! Fort Brauw, | 550e pliclm SOR Ly 12188 ‘i!'m:)&- ‘;s;-!‘:r'é:“m. ‘é‘::‘:‘n cm.. %)TES:: Menio Park. Paio Alto e, G bervilie, Pepperwood, Scotia and Eu" " San Suse: Giiroy aud Way Siationet10.488 ::'%z.,g(.; to Monday round-trip tickets at re. . "!:',‘:'E:;,:,“‘;‘f::';""',‘;’"',-s = 'On Sundays—Round-trip tickets to all polnts 30r San.Joseand Principal Way Stations 18.00a e T R Mo s, Coenin | 1O NS oo R S e wiTING, R. X. RYAN, ..!‘;‘.?.".’.‘.'h’.‘,‘“..‘.ifiu 45 54 Gen. Manager. Gen. Pass. Agt. TO SAN RAFAEL, [ SAN QUENTIN, MILL VALLEY, Sunset Limited, Eastboun Luls Obfspo, - 8. a11. A for Morning. P for .m' ~— X Saturday and ::-dny onty. » ' : | § Stops at all anday. | SHORE (Rl u e Sty o sy only. { ” via Sausalito Ferry “’v?:fé. at g«-m Je. with trains for Hanford, ALL TRAINS DAILT. : sy conat R T e T—6:50, 210, 3 uesday and Friday. .,m{:.}ulrl‘:w By 1:00, *2:00, 3:00, -Arm.’vh Niles. * 20, 6:00, 45, 10:30,.| n Daily except Saturday. 7o, Soentit o B B ™ | TOnt TS VICT 1oty conma e o Ser Gicmin, | estop Bt s e el FROM SAN RAFAEL TO SAN FRANCISCO. [\ s »EPAR&—Sl 6‘05'6”21 5:; :Iii 18:10, 8. 10:05, 3 - o Jos, 103 BL 3ol e MEN AND WOMEN. - 1 Ps marked THROUGH TRAINS. m.—Cazadero and way stations. 10 p. m.—Cazadero and way stations. 30 2. m.—Point Reyes and Intermediate. TICKET OFFICE—626 Market street. FERRY—Foot of Market street. MOUNT TAMALPAIS RAILWAY Leave | Via Sausalito Ferry Arrive San Fran. | FootofMarketSt. | San Fran. WEBKLY CALL