The San Francisco Call. Newspaper, November 29, 1903, Page 38

a8s THE ADVERTISEMENTS. test SUPERVISORS ARE HELD BY INJUNCTION Cannot Remove Tracks of Southern Pacific in Mission. Don’t Suffer With RHEUMATISM. Tt is mseless to suffer with rheumatism, swollen, stiff and painful joints. Electro-Chemistry cures all varieties of rheumatism. Don’t waste any more money on medicines that ruin your stomach, nor lini- ments which burn off the skin and which do nmot cure. Electro-Chemistry is cheaper, it is quick and it is absolutely sure. MORE SAN FRANCISCO PROOF. This time one of the best-known business women in San Francisco adds her Mary Ric twell st., and for many years with the t, through gratitude tells of her cure ve . ro-Chemic Inst ered with rheumatism. I ations, but my rheuma- My ankies became store, 1021 Market st., neces- finally I became so bad that Company Establishes Tem- porary Right to Use ately 1 heard of the Electro- ? in Oakland, and from the Streets. , at 118 Grant ave., and T am five weeks the Eleetro- ——r—— Restraining Order Is Granted Pend- ing Final Determination of , and here s to take, no m about the treatment The » through t othing and a lady has no Matter by the The cost is trifiing when the result considered. MRS. MARY R {ARDS, Courts. 213 Shotwell st. T e daytime at The Domestic Sewing Machine Co., 1021 Market st.” —_— ing th The Board of Supervisors has been enjolned from tearing up the tracks of the Southern Pacific Company running from Seventeenth to Twenty-second streets. The injunction was issued yes- terday by Judge Seawell, who in an | opinion handed down with the decision holds that the company is entitled to an injunction pending the trial of the !suit for a permanent restraining order, because it has shown that the removal Institute of the tracks at this. time would be Wn'““m::.;;d_“:n “:g"&‘f’fl‘;’; | manifestly inequitable and result in ir- reparable injury to the plaintiff by ob- strycting the continuity of its lines. e Aoat | For years, in the opinion of Judge Sea- Ay | well, the company has been led by af- in the country, | firmative acts of various Boards of Su- - e :;N‘; ;‘:“‘“s';;f_f | pervisors to the expenditure of large treatment for all chronic dis- | Sums of money in maintaining these d it is especially desired that all | connecting lines between the Townsend o oty Adequate knowledge | street depot and the San Mateo County : 3 4 Y branch, the failure of the different Boards of Supervisors to object to the ctro-Chemic treatm There should be no hesitation on the use of the disputed streets being prac- | tically;, in the opinion of the court, a k will | part of any one to avail himself of this opportunity. Let every one feel and know thet he is invited and welcome to £ the X-Ray examination and advice with- ( sranting of permissfon to maintain the ines it is now sought to remove. Judge Seawell cites in support of this portion of his opinion the fact that the passage out cost or expens by the Board of Supervisors in 1896 of gssly nd Without Operation : ALL DISEASES)| Free X-Ray Examination. OF WO ‘ MEN. t is maintained Female Dis ¥ w hout There are hundreds of people in San | inty, men and women rious forms of chronic, | -standing diseases to tro-Chemic' treatment ss boon, as it would oring them to per- m desponds have A full searching X-Ray blizati cost or o on cational | Institute Electro-Ghiemis'ry Cures Painl Catarrh, E-ommfl-, Dyspeps: ;:le;.h an ordinance giving to the com- Bronchitis, aralysis, Indigestion, stula, i 5 i + i s Tocomotor Ataxia, Debility, Rectal Uloers, el S o) et Ao O oy Cancer, Liver Diseases. Rectal Fissures, | puted territory a number of bells and Deafnees, Ulcers, Cystitis, Special and Nervous other signals was an affirmative act, Head Noises, Tumors, Biadder Troubles, Diseases of Women, onié ot el & Pt Rheumatism, Goitre, Ecgzema, Special Diseases of Men, ei & N 'r"":"‘:_mks}’"v ,'m: ”Qe Neuralgia, = Bright's Disease, Epilepsy, Acne, P an PR as Tep Nervousness, Diabetes, Falling Spells, Proriasis, | jectionable. And all forms of Skin and Blood Disess: | AMENDS COMPLAINT. This is the second injunction issued “t ELEGTHU BHEMIG | by Judge Seawell in connection with - o | this case. When the suit first came up 118 GRANT AVENU:, COR. FOST ST, for trial he enjoined the officers of the { ANCISCO. | municipality from destroying the prop- | erty of the company from the Town- send street depot to Seventeenth street, because it was shown that the company had a franchise to run its lines up to accom- e SAN F Seventeenth street. When this injunc- 2 . urs, 8 2. m. to 5 p. m. and 7 to | tion was issued the company was Sundays, 10 a. m. to 1| granted permission to flle an amended apartme les i partments for ladles | 'onpiaint, and when the case again came up it was on the question of the company's right to maintain its line | from Seventeenth to Twenty-second | street, an amendment to the original | complaint, based on the claim of the | company that rights of way over this | section had been granted by affirmative acts of the board. FAMOUS ARTISTS DINED |t AT THE BOHEMIAN CLUB [ ure and literature. Speéches were also by Mr. Joullin and Mr. Peck. Dur- ng Nathan Landsberger ren- sical selections on the violin. accompanied by Frederick Donald de V. Graham and Colo- Howell rendered vocal solos. Mr. Joullin leaves next Wednesday for where he will continue his art | He will also exhibit some of his edee Joullin and Orrin Peck Guests of Honor at the Banquet Board. Orrin Peck, the arewell well yesterday was on this point, and | paintings. £ | his decision estops the authorities from E Peck will open a studio in London. | tearing up any of the tracks from He will leave here next week. | Townsend street to the county line un- i T St Ol rm 1 til after the trial of the cause. Judge MONROE SALISBURY SELLS Seawell's opinion in part is as follows: The opinion rendered by Judge Sea- ! MONTE CARLO FOR 820,000 Brayton Ives of New York Purchases | “Assuming that the allegations to the | amendment of the complaint are true, | it would be manifestly inequitable on SAN FRANCISCO CALL, SUNDAY, NOVEMBER 29, LOUISA MATSON FAILS TO MOVE JUDGE MOGAN Woman Who Masquerades as a Man Seeks to Have Her Sentence Cut in Half---In- ! teresting Events | Louisa Matson will enjoy seclusion in | the County Jail for sixty days. Louisa | is opposed to hiding herself from public gaze, as she prides herself on her ability | to wear trousers and a necktie with as | much grace as any well-dressed youth of the eity. Louisa has always dressed ac- | cording to “Hoyle.” Her trousers have | the proper crease and are turned up like those of the chapples “in dear old Lun- non.” | Louisa came closer to being the “new | woman” than any of her sex. From top | to toe she was attired in male attire, and despite her effeminate voice and ways went through life aping the man. Miss Matson even adopted the manners of a | man. Harsh words never grated on her ear, and she smoked because it was the | real thing. The fair one actually had the consum- i mate nerve to court a school marm and | went so far as to propose marriage. Louisa was not moved by love; she sim- ply needed the money and thought a pro- posal was the best way to get the coin. Her unladylike conduct brought her within the meshes of the law. The duped school teacher refused to prosecute. Judge Mogan allowed her sixty days’ hoard and lodging at the city and coun- ty's expense. Louisa was far from being appreciative. She did not like to be drawn away from public gaze. She misses the glare of the electric lights, the toot toot of the “buzz wagon” and the clang of the trolley. “My, graclous, Judge, this 1s awful” she gurgled. “Can’t you make it thirty days and I'll hie me to some other berg. Judge Mogan refused to be moved by the soulful looks of Louisa. Her piteous appeal proved a “frost” and she was taken away to repent of the folly of wearing suspenders. *i . George Albin is a bold, bad burglar, according to the police, and George stands a good chance of spending a few years at the State’s summer resort at San Quentin. On the evening of Novem- ber 26 Albin boarded the Mariposa and sought for booty. He cared not for a L B B e i e 2 e o 0 2 e 2 o now no other means of connecting its terminus on Townsend street with its road in San Mateo County than its present line, and has not yet acquired a right of way for any other line.” QUESTION NOT OPEN. “I see no reason why an estcomel against the public should not have all the elements required in the case of pri- | vate persons. It would be much more | reasonable, in my opinion, to hold that a valid title could be obtained by pre- scription again the public in these cases where a grant from the public authorities was legally possible. The Board of Supervisors had authority to grant the plaintiff's grantor the use of the streets in controversy, and if the question were an open one in this State 1 should have no difficulty in holding that plaintiff by its continuous use of the streets for more than thirty years had acquired a right of which it could not be deprived by an ordinance of the Board of Supervisors, But the fact that plaintiff has not acquired a title by prescription ‘is not, in my opinion, a sufficient reason for inventing a new rule of estoppel to remedy a supposed injustice caused by a refusal to recog- nize or apply the doctrine of prescrip- | tion. “In granting the injunction pendente lite I place my decision upon the ground that the plaintiff has been in- duced by affirmative acts on the part of the Board of Supervisors to make extensive improvements and extend its business, and that these improvements would be rendered of no value and that business irreparably injured by the im- mediate destruction of the continuity its ter- —_— the Fast Trotter for Use on the Speedway. NEW YORK, Nov. 28.—Brayton Ives, president of the Metropolitan Trust Company, paid Monroe Salisbury $20,- 000 to-day for the bay gelding Monte | the part of the municipal authorities | under the existing conditions to imme- diately destroy the continuity of plain- tiff’s road by removing the tracks at | the crossings of the streets between Upon the faith of a license on the part SEaribun & Carlo, 2:07%. This horse is pronounced | of the municipal authorities plaintift arles S. Wheeler, | the fastest speedway trotter in the |has expended thousands of dollars in A. Mathews. | world. The price is the highest paid for | acquiring and constructing terminal ed art, architec- |2 road horse in years. facilities on Townsend street; it has e —————————————————————————————————————————— i ADVERTISEMENTS. The Modern Specific That Produces BEAUTY--STRENGTH Every man and woman may find it in The Great Nerve Tonic and Blood Remedy Prodyce plumpness, round out hollowness, bring the bloom of youth to the cheeks, and all who take them enjoy good health and strength. TA BLETS Nervan Tablets act on the nerves and blood, and contain all the elements of life. Positively CURE KIDNEY and BLADDER TROUBLES, Rheumatism, all Diseases of the Blood, Back- ache and Nervous Dyspepsia, Clear the Complexion and Aid Digestion. Give you a good appetite, renew life cells in young and old. Permanently restore youthful vigor and vi- tality. They tone up -the whole system and make you feel like a new person. No remedy in the world to equal them. Take a few Nervan Tablets and note the Wonderful effects. ALCOHOL IN ALL LIQUID KIDNEY AND RHEUMATIC REMEDIES CONDEMNS THEM. An ignorantly compounded remedy containing alcohol, as nearly all liquid kidney r. thas u, indemmacien Wil D oot U and 130T Dol merel Bary e ey il Taceies Srieasy, “imulste them so violeatly s l"VI‘A ol in Nervai % to interfere with the removal of all harmful s:diment fro th 3 . e kidneys when they are irritated and inflamed. They cure the kidbey diseases That make you dizey. restient. slocmiess aiq irritabie; that make vou pass Water often during the day and night; that cause rheumatiem. catarrh Uf the badder, pain - the back &nd muscles; that make your head ache and cause indigestion, stomach and Iver trouble. and a sallow abd yellow. comiexion 30 No matter how many other remedies yo Ve B g e et o B )(: may bave tried and found useless, remember the sreat modern remedy, Nervan Nervan Tablet °C‘ Chicago, Il.— g = v e g 1908. ntlemen: For the past six years 1 have suffered greatly with Rheumati i Vigyr= g gy Sy scemed the coid wind blowed on my leg all the time. I hever found relief until T took Herviy Famiers and shuy Mot meep for weeks in fine health now. Any one Who wants Lo see me can. Very truly, A. F. HAIRSTON, 915 Leland ave., Sheridan Park. Barvhn Takdet Co., Chitagt. W= o The Del monico, Guide Rock, Nebr., Nov. 6, 1908. Gen! e 10 fhesh el arenysell Tove taken three boxes of Nervan Tablets and I think it is the best medicine on earth. We e D L e N et av® both cheerfully recommend Nervan Tabiets to the suffering humanity and safely voush for Jua many Gualities, If the above is Gf &3y benefit to you, yon 4R yse it pau testimonial We are cver ready to vouch for lta good ervas Tatie o o g R - J. MALONEY AND WIFE, lock Box O, Guide Rock, Nebr. Dear Sirs: I am using NI AN for general debility and lost energy. As an 25 years old end I am 50. 1 would not be without ¢! y St i " ; hem and I will try and induce others to take them. 8. A. READ. he whole VITALITY Nervan Tablets tone u; {'lumy tem: renew life cells in young and old: permanently . eyt - ful Vigor, Strength an: Avold fiquid kidney and matiam modicines that Sontain J“m“ and retards (! Every $1 box There and heal the energy builder they cannot be beat. I feel like Alcohol congests the kidneys with blood vity. 'd with guarantee to refund your money should they fail to do all we claim for them. For sale only by 214 K st fl.fit.‘l’ fle’FNUfDIlRS?GM C'PI:P‘NY s s earny St.; ] rel S.;Market St and Van Ness A $ > . Montgomery Avenue; 400 Sutter St.; Valencia St.. cor. Twenty-third; unmmlfur:uf;u:':u"m - Or Sent by Mail on Receipt of $I. 6 Boxes for $5.00. Nervan Tablet Co., Chicago, Sixteenth and Twenty-second streets. | of its line of road between minus on Townsend street and the ! southern boundary of the city and county. TRACKS NOT A NUISANCE. “It is not claimed by the defendant’'s counsel that plaintiff’s tracks across the streets are a nuisance in the sense that they are injurious to health or of- | fensive to the senses or interfere with | the comfortable enjoyment of life or | property. The right of plaintiff to the | relief sought is resisted solely upon the ! ground that there has been no grant to it by the Board of Supervisors of the right to lay its tracks across the streets between Sixteenth and Twenty- . second streets. The ordinance com- | piained of does not prohibit the use of | steam as a motive power on plaintiff’s | road, but merely requires the removal | of the tracks and rails south of the ! northerly line of Sixteenth street. II it is merely the use of steam as a mo- | tive power in a populous section of the | city which constitutes the alleged | nuisance, the power to abate it does ; not necessarily extend to the destruc- | tion of the tracks and rails, which are susceptible of use for a lawful purpése. | The unlawful use may be prevented without destroying the property. “Even if the Board of Supervisors had granted to the San Francisco and San Jose Railroad Company in the most unqualified terms thé right to use | the streets in question, the board would | not thereby have divested itself of its police power in relation to public health, comfort and safety. That | power is a governmental function, and neither the State Legislature nor any inferior legislative body to which such power has been granted can alienate or abridge the right to exercise it by any grant, contract or delegation whatever. TEMPORARY INJUNCTION. “As the injunction to be granted will be operative only until the final hear- ing of the cause,’ it is unnecessary at present to determine the extent of the plaintiff’s equities or the length of time during which it will be lawful for | plaintiff to maintain its tracks across | the streets in controversy. All that I will now decide is that the injunction should operate until the trial of the | cause. | “I am disposed to hold, however, that | the State gave to the San Francisco |and San Jose Rallroad Company not the right to occupy or use the streets | of the city for railroad purposes,’ but merely the capacity to receive and en- | joy that right in case this city through a two-thirds vote of its Board of Su- pervisors saw fit to grant it. In th | act of 1861 the city is empowered ‘to ' give, grant or donate.’ To the same effect is section 470 of the Civil Cede, which provides that ‘no railroad cor- poration must use any street within any incorporated city or town unless | 1903. in the Police Court gangplank, but crawled over the bow. Once on board he hunted for treasure and his search was not in vain. He stumbled over a steamer trunk and thought it was a good omen. He was mistaken, however, as its contents led to his arrest. He found a timeplece valued at $30 and some coin which belonged to. T. A. Lawless. Law- less discovered his loss and raised a howk The howl raised the watch- man and the latter notified the po- | lice. Albin was traced through a pawn- | shop and apprehended. He was held over | for trial In the Superior Court. B L Y Yee Len, alias Sing. an almond-eyed Chinaman, who is of the specles high- binder, is awaiting trial for the murder of Yee Hing, a fellow countryman. Yee Len appeared in court yesterday and Judge Mogan held him over without bail. He didn’t mind it at all. He gazed at his fellow members that crowded the court- room and swelled up like a hero. He ex- pressed a desire to see his picture in the paper and was told it would probably/be used the day of his hanging. Sy A faint odor of garlic and of the un- washed was distinguished in the court- room of Judge Conlan yesterday morn- ing during the hearing of Joseph and Nicola Crudo, the Italians arrested for the murder of Prospero Migalo. The room was crowded with Italians, who came from Fishermen's wharf, North Beach and the vegetable gardens on the | Mission roed. There were two factions | present. Some were friends of the pris- oners and the majority were there seek- ing Jjustice in behalf of the murdered man. There was a look of joy on the faces of the friends of Joseph Crudo | when they learned through interpreters | that the court had found him guiltless and dismissed the charge against him. Judge Conlan stated there was no evi- | dence against Joseph and he was per- mitted to go. Nicola Crudo, the uncle, was held for the shooting. Feeling is | running high in Italian circles. Money | is being raised to prosecute the alleged | murderer. the right to so use the same is granted by a two-thirds vote of the town or city, authority from which the right must emanate.’ “If mere consent on the part of the municipality to the presence of plain- tiff's tracks upon the street crossings Iin question for any period of time, | however short, were sufficient to invest {in the plaintiff the right to maintain | them during the entire life of the cor- | Epnrflllon, it would be difficsult to re- | | sist the conclusion that plaintiff has | acquired such right. ASSUMES RIGHT. | ‘ | “The ordinance upon which plaintiff | { chiefly rely as evidence of consent on | the part of the city is entitled ‘Order | No. 3043, regulating the rate of speed | | of trains upon Southern Pacific Rall- road,” and was evidently intended not jas a grant to the plaintiff of the right to lay or maintain its tracks between the termini therein mentioned, but merely as the title indicates to regu- | late the speed of trains. It does not| purport to grant that right to plun-‘ tiff, but assumes that it has already | been acquired. It is, however, clearly an expression of consent on the part of | the city while the ordinance remains in | force to the use by plaintiff of its road as at present constructed and operated i from its terminus on Townsend street | to the southern boundary of the city | and county. “Plaintiff’s motion for an injunction, pendente lite, will be granted upon fil- ing an undertaking in the sum of $1000.”" ' — e One of the oddest freaks of nature that Missour! ever produced was taken to Pleasant Hill a few days ago by Miss Amie Lee Hayes. It was a young turkey having two heads, three bills, six legs, six wings and four feet. As it died soon | after being hatched, it was placed In al- | | talized at cohol and is now on exhibition in the window of a drug store in Pleasant Hill. l ADVERTISEMENTS. THE SEQUOIA HOTEL cent hostel walk from This modern and mag RO LR ORI OHOGONCTOAOT GHOTHG KOO0 DOSO0NaY ” ry, located the business at the co; nter of »pen for inspection. Will be open for the reception of guests about Decem ber 15. under the management of Miss S. Hutchison, now of the Nordhoff. 939 Bush street. All furnishings in the Sequoia are new and mag! ent. The building fitted in the most modern ma r, having telephones, elec baths, sanitary plumbing, etc. Rooms w or in suites of two, three or four rooms. is a special feature and affords a view o ith connecting bat The dining-room f the bay may on the seventh of San Franeisc a ELECTRIC ROADS FOR PALD ALTO Company Will Build Line in the Univer- sity Town. Special Dispatch to The Call SAN JOSE, Nov. 28.—Articlés incor- porating the Palo Alto and Suburban Railway Company were filed in the County Clerk's office to-day. It is capi- $100,000, divided into 1000 shares. The company has franchises and pro- poses to build electric roads in the uni- | versity town. Its lines are to com-| mence at the intersection of University | avenue and the Southern Pacific Rail- | road, thence run along University ave- | nue to the easterly city limits; from the | intersection of University avenue and Waverly street south along the latter street to the Embarcadero’ road; also | from the intersection of the Southern | Pacific Railroad and University avenue | down the avenue to the San Frlncl!cxw‘ and San Jose road, and southerly along | the road to the town limits of Mayfleld. | The principal place of business of the1 corporation is to be Palo Alto, and its | existence is fixed at fifty years. Three thousand dollars of its capital stock has been subscribed. The directors of the company and the amount of stock subscribed are as follows: John F. Parkinson, Palo Alto, $1200; G. F. Gray, Palo Alto, $700; K. H. List, Palo Alte, | $700; W. P. Gray, Palo Alto, $100; L. N. | Hobbs, San Jose, $100; G. S. Parkinson, | Mountain View, $100; W. E. Crossman, San Jose, $100. P FIGURES WE MUDDLED !Grain Output in Wash- ington and Idaho a [ | Puzzle. i’ Bpecial Dispatch to The Call TACOMA, > . 28.—Government ex- rail- perts and the Pacific North roads are making a second }size up the grain crop of the pr year in Washington and Idaho. Th | timates made heretofore have va from 12,000,000 to 22,000,000 bushels. The igher figures comprise the Government estimate, and in a bulletin issued by the Agricultural Department it was shown that this year the yleld showsd an increase over last year. Crop experts declare these figures to be wildly exaggerated. Instead of showing an increase the wheat yield, they say, actually fell off between 25 and 50 per cent. The estimates of grain buyers vary from 12,000,000 to 18,000,000 bushels. The crop probably runs about 14,000,000 bushels. Expert Stephen J. Fessenden of Wash- ington is now in the grain distric secure accurate knowledge regard! Northern Pacific | Railway has instructed its representa- | tives throughout the grain belt to make | accurate reports at once, based on the wheat shipped to the seaboard and the grain now in warehouses. High prices alone have saved the grain producers from a loss of this year's crop. st an S e Better that babes should weep than bearded men. t to ent es- | the situation. The ADVERTISEMENTS. The foul poison that drips from the mouth of the Whisky Bottle is pregnant with Disease and Death. Its victims are counted by millions. It has stamped the curse of Inebriety on the brain of Nations. In red-handed murders and shuddering crimes Alcohol is the General in command. The Bot- tle Heroes are King Al- cohol’s abject slaves. To it they bow. In its gutters they wallow; under it they are man- gled. In its graves they decay. i i Liquor "Habit DRIPPIN DR. J. J.McKANNA The Original -iou,s-nqe-.braumumg Open Day, Night and Sundays . THE G Dr. Book on EATH No man can serve Al- cohol and serve Virtue. All that’s good, all the happiness of life must be sacrificed if Alcohol is favored. Alcohol is poison, and it is impos- sible to take poison ha- bitually without causing disease. The craving for liquor is the chief symptom of the disease. My treatment perma- nently destroys the craving for Alcohol and restores the patient to health and manhood. It has never failed to per- manently destroy the appetite for liquor. T 16 GEARY, STREE Telephone . MAIN 1037 HL; Kansas , Mo.; Oklahoma Seattle, Wash. ‘sent on request. A