The San Francisco Call. Newspaper, June 30, 1904, Page 5

DEATH COMES SUDDENLY TO HIGH OFFICIAL WASHINGTON, June 29.—News has received here of t death at hio, of Colonel Joseph H. Brig- retary of Agricul- been ent board at the He had left here St. Louis to at- board and had ta for a short visit. s been prominent cupicd his present rst administration FORMER I NATOR DIES. Mitchell Succumbs After a Lingering Tiness. LWAUKEE, Wis, Senator John L. lock to-night after a lingering He had been at death’s door last ten days and his entire was present when he died. gned as a member of al d of managers of the Home on account of his fail- health John 29.—For- ing —_— Auburn Loses Prominent Citizen. AUBURN, June 20.—Albert W. Ken- | ison, one of Auburn's m prominent ied this evening at his home He was a native of New | Peregrina e of Santa erey last | i Mrs. Pmily G. Glover Die: ANXTA CRUZ, June 25.—Mrs. i A Death of Mrs. Mary S, Turrill N J . M - - Sudden I »eath of Santa Cruz Woman. Isabelle The On'y Double-Track Railway Between the Missouri River and Chicago. The Overland| Limited |’ The Most Luxurious Train in the World. Jf | Ulectric Lighted Throughout. | | | { | | | cag ut change, via § | Sonlhérn Pacific, Union Pacific and Chicago & Northi-Western Rys. Franciscd daily at 10 a. m her trains daily &t 9 & m. and cat reservations and ¥ to agents Southern J | RITCHIE, o & North Western Rallway. ket Street, SAN FRANCISCO, CAL. UNCLE SAM'S BEST laundry work in this maw's town is as- sured by the United States Laundry. 1f colors—red, ite or blue—there be Mitchell died at| He | P g Sh | Knowlai SECOND YEAR 0F ACTIVITY California Historic Land- marks League Meets and Elects Its New Officers MEMBERS AREADMITTED !President Knowland Exhib- its Slides Displaying Work on San Antonio Mission L SR By Laura Bride Powers, Two years old last night, but mighty lusty infant! The California Landmarks League celebrated its birthday as & corporate body last night at the Mark Hopkins’' Institute of Art, when its officers for the new year were elected. The candidates were those who have borne the brunt of the battle since the league entered upon its work. The ros- ter of the Californians who have thus undertaken to remove the “blot on the 'scutcheon,” are as follows: President, Joeeph R. Knowland; first vice prosident. J. J. Lermen; second vice president, Frank H. Powers; corresponding Mrs. Laura Bride Powers; financial seoret: James A. Devoto: treasurer, Willlam M. Ab. board of directors—Joseph R. Knowland, J. Lermen, Charles H. Turner, James D. Whaien, Mr Smith, Mrs. Louise hea iss Blize D, Ksith, A, L. orse. Willlam B. Latham; r. David_ Starr Jordan, Eli MrClish, Kenna, Dr. Willam Rolla Dr. Byington. The election over. a communication was read from James D. Whalen, grand president of the Y. M. I, announcing the determination of that body to pre- sent a joint entertainment at an early |date to augment the funds of the league. ! business dispatched, Senator nd presented upon a screen the fon San Antonio de Padua, g it In the days of its prime, its children wandering through its idors, its gardens, fair to gaze upon, over the cloister and chapel ken to the elements. Then came ture of rs later, when lo! hildren wandered away, the the garden has with- or the pomegranates and , and the vandal has wrought S nd reproach creep ction comes that 1l ruin—need not have in no civilized country e our own, would such unhindered—with no it picture showed the interior e beautiful old chapel piled with debris, the beams from the upon the graves of the found- the whole grass grown and the bitat of the lizard and the birds of View presented the chapel | cleared of the debris—tons of it; then came the picture of the chapel with the staffolding in place and the men at v k rebuilding the walls that the win- s had disintegrated; and lastly lls completed, all save a small west wall, and thirty feet of laid. This picture told the And the league is proud thereof, 1e walls of San Antonio are once me rearcd to their wonted height, and by next San Antonio day the roof will have been laid that will join them. The speaker threw several more in- teresting views upon the screen, show- ing the bronze tablet placed by the league upon Fort Gunnybags a year ago; views of the Miesion La Purissi- ma, which the league at some remote | day hopes to save from complete ruin; Colton Hall, the Custom-house and many structures that are now in proper ards and being saved from destruc- tion, thereby redeeming State from the stain of apathy. The lumber lies without the mission de Where is he who is willing to heip lift it to reof the wherein li¢ the founders of Western civilization? — AGREE TO ¢ DIGGING ON T RAPH HILL ou Gray Brothers to Cease Excavating Pending Supreme Court Decision on Bond Issue. The Supervisors' Street Committes resumed its investigation into the complaint of property owners that (iray Brothers are violating their promise not to remove any more rock Telegraph Hill and that homes endangered thereby. The firm agreed to stop excavations until the de- cision of the Supreme Court is handed down relative to the validity of the bond issue which includes the improve- ment of Telegraph Hill, and the com- mittee deferred action for one week. Witnesses testified that their homes are endangered by the excavations of Gray Prothers and that Calhoun, Green and other streets had been graded be- low the grade. Assistant City Engineer Morser stat- ed that Gray Frothers could remove all the loose dirt southerly 114 feet northerly from Green street up to the solid rocks without disturbing any building on Telegraph Hill. The petition of the Independent Mes- senger Company for permission to in- stall electrical wires across Ellis, O'Farrell, Mason and Powell streets was denied. The attorney of the com~ pany was Informed that the wires would have to be laid underground, but to this he would not agree. The committee directed the Department of Electricity to enforce the ordinance re- quiring wires to be placed underground in certain districts. yesterday from are ——e——————— Belicves Riley Was Held Up. Detective Harry Braig last night stated that from evidence gathered he was more than ever inclined to believe in your Fourth of July shirt, they—|that Harry Radcliffe, who murdered the colors—will act like our soldiers— they won’t run if we do the laurfdering thereof. Hurrah for Uncle Sam and his. laundry UNITED STATES LAUNDRY 1004 MARKET STREET. Telephone South 430. Andrew Riley last Saturday night, killed his man after a vain attempt to hold him up. Braig says thrt he will produce a witness who will testify that Radcliffe resembles the description of a footpad whom the police claim has committed many hold-ups that have occurred recently. ion comes strong | the name of | sacred place | THE SAN FRANCISCO CALL, THURSDAY, JU 30, 1904. GILBERT RULES [N WATER SUITS Temporary Injunctions Are Granted Against Council and the Supervisors’ Board N0 DECISION ON MERITS Spring Valley and Contra, Costa Will Work Under) | the Former Rate Schedule —_— | United States Circuit Judge William \ Gilbert yesterday handed down a d-cision granting the temporary in- ~tion asked by the Spring Valley Water Works against the City and County of San Francisco to restrain the Board of Supervisors from enfore- ing the water rates ordinance of March » 7, 1904. The amount of the general re- duction in rates was shown to be seven per cent except in the hydrant rate which was reduced, fifty per cent, thereby reducing the monthly revenue from hydrant -service from $3 per month to $1 per month. The water company alleged that its plant was of the value of $50,000,000, and that the rates as established by the ordinance would not afford the company a just or reasonable compensation for its ser- vices. Judge Gilbert also granted the tem- porary injunction asked for by the Con- tra Costa Water Company restraining the Oakland City Council from putting into force the water rate ordinance adopted by that body for the ensuing fiscal year. The water company claims that its plant is of the value of $8,500,-"] 000, and that the rates should allow an income of seven per cent over and above operating expenses and taxes. The defendants deny that the plant is | worth more than $4,000,000, and aver that the rates complained of will allow six per cent net upon $4,700,000. In the | Contra Costa case Judge Gilbert said: There is nothing In the facts shown to justify the chargo that in adopting the reso- lutio Council acted arbitrarily or were improper motives, or by any pur- do what in their judgment was between the complainant and the city s inhabitants. REMARKS ON SPRING VALLEY. Judge Gilbert, however, did not pass upon the merits of the case. He re- quired the water company to furnish a bond of $130,000. The following are extracts from Judge Gilbert's opinion in the Spring Valley case: It appears that the Board of Supervisors took pains to obtain all the Information avaii- able to it, and gave free opportunity to the to present its evidence and to he witnesses on whose evidence the Nothing is disciosed in these lings, nor is anything shown in evidence s hearing which tends to indicate that d acted otherwise than in good faith, an honest purpose to arrive at a falr n of the complainant's property and » fix a reasonable rate of compensation for its water and service. | The opinion reviews the afdavit of A. Wenzelburger, a public accountant, who had been engaged In experting the water company’s books and who found | the total of tangible properties of the complainant as shown by its trial bal- days we intend to gi the credit price on these goods prices. REMNANT RUGS rettily fringed, and sold for le SMYRNA RUGS rug that is always useful in any A $3.00 value for three days for INGRAIN CARPET. side as on the other, and that till it is worn clear through. R that you have never seen before. by the yard, not laid BnUSSELS Beautiful ground; t & vet richness. Oriental designs; heavy tans and perfectly wo- lined and laid pose save to rig! and it They will last until completely w offices. By the square yard, laid exz | b ; | o “The Credit Ho the most desirable patterns of carpets. n Axminsters and Velvets for $1.00. ADESTRY BRUSSEL designs in two-tone reds and greeng. ven two-tones, in reds and greens. VELVET CARPETS rare tan florals in delicate designs. but differently made from other velyets; wear to-it. It will last you for years. INLAID LINOLEUM color goes clear to the back. The chance of a year for (=il || z First Clearance Sale in 20 years—the greatest furnishers’ s et e on Ougm and Draperies, &I ‘well as on all the The sale closes absolutely Saturday night at 10 Yard to a yard'and a half long. These are our remnants cut from Made into rugs, ss than the carpet costs. 60c In Brussels 27 by 56 inch, fringed, double faced Smyrnas. part Scores of patterns. A of the house. l 5 The old standard, durable in- grain, that is as good on one will last and look good egular 65¢ values for- 45c For parlor, bedroom, hall or, stairs; good patterns and An opportunity This Tapestry Brussels 49C arpets in elegant colorings of vel- Rich rose florals on deep navy 87¢ New carpets ata new price. Beautiful two-tone effects and A high pile velvet— this has the 950 Sewed, lined and laid In good businesslike as well as more homelike patterns. orn through, for the l l $1.15 use.” =il home DD credit plan. And remember there SCREENS To close them out at. WINDOW SHADES spring roller. Three feet wide b; drapery. PORTIE wide. dark blues. Per pair. in the warp to keep them from ders NOTTINGHAM big bargain. either tape or lace effects. $3.50 values. Purest of patterns of figured silkoline. Double bed size. ortunity San important lines of will $5.00 and $6.00 values. some 4 feet 6 inches h hogany, frames filled with pretty printe 7 feet long. choice of two popular shades of green, s0c values, $5.50 values. ¢ 3 n A Perfect finish either side; woven into two-tone effects of greens, WHITE BLANKETS 500 pairs in novelty and floral sty'ss; Clearance price, per pair .. Three yards long by 45 inches wide. 0 A high-class 'drive. Clearance price, per pair $1.50 PURITY BRED COMFORTS —* white cotton filling and covered with dainty Hand-tied and well m: Clearance price ..... 233-235-237 Post Street. ““The Biggest Furniture House on the Pacific Coast.” i shrinking. bound with silk. Your choice of blue or pink bor- has ever known. And for these FPurniture. Remember, the be no further offers Some of them 5 feet and All 3-panel oak or ma- Extra quality of opaque shade ing, mounted on a self-acting Your Fie 25c Three yards long by 30 inches heavy rep o reds and 114 size; wool $4.50 values. filling, with just enough eotton Ends $2.65 CURTAIN 95¢C mostly wh A $1.95 Your choice of Good 95¢ ade. |ance on December 31, 1903, to be $25, | 558,100 The expert found also certain |items charged to operating expenses | which, in reality, went into part of the permanent improvements of the com- | pany and that the amount so errone- | ously charged to operating expenses for three consecutive years was $217,337 | and that other items which should have no place in operating expenses brought the aggregate to $236,769 66. city in the water rates suit in the United States Circuit Court, said to- day concerning Judge Gilbert's ac- tion: Judge Gilbert's decision granting a prelimi- rary jnjunction ties the hands of the City Counell, so far as enforcement of the new wa- ter rates schedule is concerned. It means that | pending the trial of the Contra Costa Water | Company's main suit over valuation of its plant t9: present water rates can be main- | It should be clearly understood that to- | ' sE 7 anéc JUDGE MORROW A MODEL. | s accision docs not fouch the merits of | the controversy. Judge Gilbert expressly eaid | The opinion goes on to say that in the case of the Spring Valley Water Works vs. San Francisco, decided a year ago in the United States Circuit Court by Judge Morrow, the total value of the water plant was fixed at $26,752, vson. and five per cent per annum was | declared to be a just compensation for | the use of the water by the city and its inhabitants. The opinion proceeds: | Since the date of that decision the property of the complainant invested in the water | Eystem exceeds that which was shown to be | invested in the former case by $680,767 01; that its ta or the coming vear will be in excess | of those shown in the former hearing by $150,- 610; that its operating expenses will exceed the operating expenses of that year by $54.000, and that its income from hydrants wili be $45,636 less than Its income from the same source under the ordinance of March, 1903, On the face of these figures it Is apparent at | that no opinion concerning the valuation of the | Contra Costa Water Company’s properties ob- tained In his deciston. Without passing upon the merits of the main case, Judge Gilbert found that there had been & previous adjudication on the value of the plant and that this was sufficient for the pur- poses of the preliminary Injunction. The water company has been ordered to give a bond in} $130,000 for the protection of the rate payers | in case the main sult is decided against the company. Jupdxt‘) Gilbert exonerates the City Council from the chargé that it has been arbitrary in | fixing rates. He also declares that the Council is not bound by the action of Its predecessor fixing a schedule. mFl’nm‘lhls decision on preliminary injunction an appeal cannot be taken, as it is merely a temporary matter. In fact, the ecity should not want to appeal, but hasten to trial as rap- jdly as possible with the main issue. The city has filed its answer In the main case, which goes at once to the question of valuation, and the amount of income the water company shall be allowed. Testimony will be taken before a 5 a glance that the net income of the complainant | {'nited States examiner, who will certify the will be less under the new ordinance than the | records in deposition form to Judge Gilbert, be- 4.40 per cent which the court in the former | fore whom they will be read. His decision will care adjudged to be less than just compensa- | foljow. Three months from the time the a tion for the public use of the complainant's | fovar is filed are allowed in which to take tes- property, and to be such a taking of the prop- | timony, but, of course, the time can be ex- erty of the complainant for public use in vio- lation of constitutional provisions as would tify its temporary.injunction, * o e f, to the estimaté of gross earnings fur- d by the complainant, there be added on account of increased population the sum of $100,000, or $200,000, it is still clear that upon the figures submitted the net income derivable from the tended at the discretion of the Judge. A final adjudication can be expected fn this case from the United States Supreme Court. I have no doubt the water company will appeal if the decision Is against it, and I am sure that the city will appeal in the event the de- cree shall be against us. — e HENRY A. BOW FAILS AND FILES HIS PETITION omplainant’s property would, under | the new ordinance, be less than 4.40 per cent per annum 1t js urged that since the hearing of the case the defendants have, at great ex- pense, carcfully examined, Investigated and estimated the values of the propertics of the complainant and have demonstrated by the af- fidavits which they have presented that large portions of such properties are not actually in use in furnishing water to the city and county of San Francisco, and that a state of facts is now shown to the court different from that which was shown on the hearing of the former case. Without attempting finally to pass upon the new eviderce, or to prejudge its effect when | it ehall be submitted on the final hearing, when all the matters therein involved shall be fully investigated, * ¢ + it {s sufficient to say He Is Prominently Connected, but De- clines to Say Why He Met Reverses. Henry A. Bowen has failed for $209,- 663 and has filed a petition for bank- ruptey in the United States District Court. He is a son of C. A. Bowen of the Goldberg-Bowen Com any and lives quietly at Oakland, When seen last night he would make no statement as PERSONAL. J. J. Hill of Washington is at the Grand. Dr. E. M. Lend of Manheim, many, is at the Palace. A. S. Stozel, a merc¢hant of Mazatlan, Mexico, is at the Palace. Peter Musto, a well-known merchant of Stockton, is at the Grand. \ Alfred W. and Frank H. Maybery of England are at the California. W. A. Winsor of the Navy Depart- Ger- i ment in Washington is at the Grand. C. F. Dittmar, editor of a mining Journal in Redding, is at the Grand. Frank Cox, a mining man of Phoenix, and wife are staying at the Palace. Andrew B. McCreery, the well-known capitalist, is among the latest arivals at the St. Francis. W. Bayard Cutting, the well-known lawyer of New York, and wife are reg- istered at the St. Francis. Sig Steinhart, who has been visiting the capitals of Europe and the chief cities of the United States, is home again. Wiliiam P. Hammon, who is iden- tified with the big gold dredging inter- ests near Oroville, and Mrs. Hammon are at the Palace. * Carlos G. Prieto, a merchant of Cen- tral America, and his family arrived from the south yesterday and are reg- istered at the Occidental. J. J. Mack, the local wholesale drug- gist, and his wife and daughter, who have been abroad, returned to this city yesterday and are staying at the St. Francis. Congressman John W. Dwight, a banker of Dryden, N. Y., who attended the Republican convention in Chicago, arrived at the Palace yesterday on his way to Los Angeles. Tony C. Afong, son of the head ot the well-known Afong family of Hono- lulu, and his sister, Mrs. J. M. Riggs, MANY FRIENDS PRESENT AT PLEASANT WEDDING Robert B. O'Reilly and His Bride Leave After Ceremony for Short Honeymoon Trip. A pleasant wedding occurred at the Mission Dolores Church yesterday afternoon,, when Robert B. O’'Reilly of 1214 Alabama street was married to Miss Rosetta G. Pierce. The bride was given away by her brother, John Pierce. J. J. man. Immediately after the ceremony the couple departed for a two weeks’ honeymoon visit to Los Angeles. The couple were the rectpients of many handsome presents from their relatives and friends. Mr. O'Refilly is connected with the composing-room of a morn- ing paper. A reception to the wedding guests | was held at the home of the bride, 139 Henry street, where merry-making was the order of the day. ————— GUARDIAN'S ACCOUNT SETTLED.—Judge Kerrigan vesterday settled the first annual and final account of Ursula Holding as guardian of Mary E. Clark, competent by the court. Mrs. Holding was al- lowed $75 for her services,-and her account, with the exception of a few reductions in e penses and the amount asked for attorness fees, was approved. Chaudet was the best | who was recently declared | FORMER LEADING MAN MAY HAVE GONE EAST Durkin and Frances Starr Seem In Oakland—aActor Sald He Would Leave Last Night. James Durkin, former leading man of the Alcazar, of late before the pub- lic as an infatuated lover, and Miss Frances Starr, the former ingenue, the object of Durkin's caloric regard, were seen together yesterday in Oak- land. Durkin said to friends that he intended leaving for the HEast last night. Miss Starr has at last brokem the silence she has maintained so long and has written a brief letter to an acquaintance in this city. Aside from a reference to business matters it runs as follows: Now that T am entangled in this scandal I realize further communication is necessary. 1 am going direct to my mother and tell her everything. and in all probability shall not attempt to play next season anywhers, All T can say is, I am sorry. What has happened Was unavoidable and 1 did what T thought was | right after I realized how serfous it all was With deepest gratitude for what you have done for me In the past. I am very sincarely. FRANCES GRANT STARR. Miss Starr fails to say In the above quoted letter when she Intends going to her home, which is in Albany, N. Y. that the showing made at the present time fs not convincing that the property so specified is not in use and is not necessary to the con- servation of the water supply, the protection of its purity and its delivery to the city, nor does it convince me that the estimate placed by the court upcn the value of all the prop- erties in the fornier case was erroneous, or ex- ceeded their actual value. The defcndants and the inhabitants of the city can suffer but little Injury in this case from the enforcement of a temporary restrain- ing order, since all the consumers of water will be protected by a bond furnished by the complainant. On the other hand, if the in- junction were refused and it should be finally | Getermined that the ordinance complained of i does, In fact, establish rates which are con- | fiscatory and violative of the provisions of the ) constitution, It is apparent that the complain- | ant would suffer irreparable loss and be sub. jected to great inconvenicnce by reason of inability to collect just rates from a conside; able portion of the consumers of the water. All the questions involved in_ this litigation ought to be speedily and finally determined. No reason is perceived why ail the evidence bearing upon the lssues involved may not be presented within the time permitted by the rule of the court. A preliminary injunction will be al'owed as prayed for, restraining the defendants pendente lite, or until the further order of the court, from enforcing the ordinance of March 7, 1904 and the complainant will be required to give & bond in the sum of $175,000 to answer for all damages which the defend- ants or any person injured by reason of the infunction may sustain, if upen the entry of a final decree herein the sald ordinance shall be sustained. PRSI SR MAYOR OLNEY TALKS. OAKLAND, June 29.—Mayor War- ren Olney, who was of counsel for this to the cause of his faflure. The Goldberg-Boven Company is one of his creditors. He says his assets are $200 worth of household goods. The schedule filed in the United States District Court yesterday gives the liabilities at $209,663 and no assets. Nothing is claimed as exempt except wearing apparel and furniture valued at $200. The heaviest creditor is the Nevada, California and Oregon Railway Company, which is a creditor for $190,- 437, ‘represented by a promissory note for $150,000 with accrued interest of $4437 secured by a chattel mortgage on the property of the Sierra Valleys Railway Company. Other principal creditors are: Washoe County Bank at Reno, $8000; A. M. Hotaling, judgment for money loaned, $6500; Goldberg, Bowen & Co., money and merchandise, $2500; C. W. Slack, Jegal services, $1000. —_——— Florist Kills Himself. Attilio Ginocchio, a florist, was found who arrived from the islands three weeks ago, returned from the East yesterday and are at the Palace. ‘W. P. Jansen of Chicago, assistant to the president of the Atchison, To- peka and Santa Fe Rallway, and his son arrived from the East last even- ing and are registered at the Palace. They are making a tour of the coast. S 1B Californians in New York. NEW YORK, June 29.—The follow- ing Californians are registered here: From San Francisco—A. E. Bailey, e 1t; ne Snest Fpscimens of at the Victoria; A. W. Cooper and wife, at the St. Denis; Miss B. W. Dean, at the Netherlands; C. W. Evans, at the St. Denis; Mrs. A. W. Games, at the Kensington; G. C. 88 in Wilmot, at the Imperial; W. B. B 088 Don’t you belleve it? sen for this book with the proof that 1 can give you, and you will be con- Ames, at the Imperial; D. Damon, at the Holland; Mrs. S. M. Damon, at the lying unconscious on the doorsteps of 3 Medau place. He was taken to the Emergency Hospital, but died on the way. A strong odor of carbolic acid was apparent and the police believe that he committed suicide. | s § | § § § | Holland; G. Middleton, at the Im- vinced. perial; Mrs. B. M. Peake, at the %on't wait a minute. fi“m‘fl Grand Union; Miss H. Kings, at the DO 00 @ X Ju e St. D:nls; hR. L. Ott, at the Hotel and 'J»Fllhhon he nemes of Marlborough. your o 3 1f you will tell me From Los Angeles—s. A. Dampny. | 8 T wtl il you mcther, ¥ oam core g ot gon € v e at the Park Avenue; M. L. Howard 2 M St. and wife, at the Wellington; W. H. C.M 906 Market Jamieson, at the Bartholdi; E. G. DI'- M' . CLa“ghhn, Abeve Ellls, S Princises § § 5 Judith and wife, at the Wellington. FREE-A Scientific Toaster Free to Want Advertisers in Sunday’s Edition—-FREE