The San Francisco Call. Newspaper, August 25, 1904, Page 9

THE WILL SUBMIT AMENDMENTS | | | Supervisors Comply With Petitions for Changing Provisions of the Charter AFFECT CITY EMPLOYES | Create Half Holiday on Sat- | urdays and Raise Pay En-| vineers Fire Department | rvisors held ay for the pu wo petitions filed of charter amend- licipal employes. orted to have been a fld‘l‘.ij The pe e amendments to be consic were those petitioned for 1o g nicipal employes a half holiday on fixing t hours of service m., and giving wo weeks' vacation with pay i € r. Brandenstein, ebsence of the or, under the State constitu! ions having been #igned by more than 15 per cent of the Vvotexs, the board had no alternative but to sub ndments to the ctioning thought hart the propos advised, woul , includ- exception of and Police depart- would result in L he contract system for day labor and an enormous added expense, which would not be possible ucder the 1 ment limit- ures to the income re- cent tax lexy. NOTICE TO PUBLIC. e public to under- denstein, “that these s will be submitted to the without the approval, express implied, of Board of Super- sors n use the constitu- it under the conditions GIVE We understanding each Su- e fourteen present voted bmit the amendments, tion was taken on the pe- seers of the Fire De- their pay be increased explained that the flict with one al- increase, among of engineers to i had no alterna- the two opposing thorized to sell at horseg unfit for Fire De- TO LIGHT CITY HALL. « Hall dome was ordered i i from Septem- 10, being ber it t the Knights Tem d half the expe the Odd Fellows to luminated during was referred to the Commis- be sub- of promo- tment in the e Commission, inde- , was referred “ommittee. rty-owners that Railway C street railw other streets reet Committee. RAISE PENSIONS. ey ng filed an opinion rd’s request to “ire Pension Fund authority to of firemen claim- g $17 50 and $22 50 $40 month. Long rter specifically ts of the pensions in upon the happening the designated fire- t relatives be- to the sum so CANNOT v L imendation of the Board at street work be ordered 1 avenue, Tilden and South streets, was referred to the ittee. er of resolutions authorizing t of certain demands were passed es were ordered changed on ester street and Quince aliey the roadway of Pacific avenue, tavia and Laguna streets, accepted | —_———————— Drowned Woman Recovered. | ~CHIC Aug. 24.—A telgram receivea this morning by the father of Mrs. Rene Wright, who was drowned near £t. Louls while canoeing on the Merri- | mec River, announced that the body | had been recovered. The remains will | be brought to Chico for interment. Body af Needs Only a Little Thinking. The food of childhood often decides whether ope is to grow up well nour- ned and healthy or weak and sickly m improper food. s just as easy to be one as the er provided we get & proper start. A - wise physician like the Denver doctor, who knew about food, can ac- complish wonders pr-vided the pa- willing to help and will eat roper fcod his case the mother said a peculiar derangement of the ver and kidneys and his e =0 swollen he couldn’'t take a step. “We called a doctor, who said &t once we must be very careful as to his diet, as improper food was the only | cause of his sickness. Sugar, especial- | 1y, he forbid “So0 the doctor made up a diet and Yhe principal food he prescribed was Grape-Nuts and the boy, who was very fond of sweet things, took the Grape- Nuts readily without adding eny sugar. | (Doctor explained that the sweet in| Grape-N' is not at all like cane or | beet sugar. but is the natural sweet of | the grai “We saw big improvement inside a | fow daye and now Grape-Nuts are al- | most his only food and he is once more | & healthy, h v, rosy-cheeked young- | ster with every prospect to grow up | 4nto a strongz, heaithy man.” Name given by Postum Co., Battle Creek, | Mich | The sweet in Grape-Nuts is the Na- | Aure-sweet, known as Post Sugar, not | digested in the Nver like ordinary | sugar, but pr sted. Feed the young- | eters a handful of Grape-Nuts when | neture demands sweet them to call for sugar. There's a reason. Get the littie Weliville,” in each pkg. World's Fair exhibit, Space 103, Agri- sultural Building. | disposed payer of taxes, and he would | order to allow Mr. Siegénthaler to in- | rested Ralph Sloane for selling lottery and prompts | p! {show it to you, but tell you all about book, “The Road to how I got it,” said the officer. Franz officer desired. {HE PARADES THE HALLWAYS AND DISTURBS HER DREAMS Mrs. Jennie Ballard Has Joseph Scharf Arrested for Routing Her Peace, and He Declares She Swindled Him Out of His Household Furniture Mrs. Jennie Ballard requested Po- lice Judge Cabaniss to restrain Joseph Scharf, carpenter, from disturbing the peace of her domicile, 5813 Valencia | street. permits him and his 18- year-old son to board and lodge there, e averred, despite the fact that they » desired to have it stopped by | law’s strong hand. . Scharf pleaded that his claim on the furniture was no mere figment of a disordered brain. - For seven nd until January 3 last, when he d her as housckeeper for him- elf and som, he considered her a woman of exemplary character. Dis- illusion came with the discovery ‘that she had conspired with a colored man, name not given, to obtain possession of the furniture, which she did by transferring it to her dusky accom- plice, although she had no legal right 1o do so. His efforts to recover it she treated with seorn, daring him to do his worst, and threatening to throw him into the street-if he did not let her alone. - d vas dese things, Schoodge,” said Scharf, “dat made me mad ged. to schleep der trobble keep me avake, und den I valk der hallvay in ter get minsellef schleep yet. Den she me in brison put so dat I von'd be aliowid ter claim vat is mine owin.” Supplementing the aforegoing plea was a charge that Mrs. Ballard, in furtherance of her plan to rid the house of the Scharfs, had put salt in- the younger man's coffee and stolen | $C from a pocket of the elder's panta- M Ven I d Ballard, a comfortable looking | smiled derisi as Mr. Scharf urged his defense and audibly ex pressed hope that the court wouldn't allow itself to be gulled by such you insist that this woman has swindled you,” said the Judge to the| defendant, “you should proceed against her by civil action for recovery of your | lleged property, but I cannot ignore | complaint that you disturbed her peace by your nocturnal wanderings and maunderings. I'll continue the case till August 31, and would suggest, for vour own benefit, that you keep away | from her in the meantime.” R George Stewart (colored) hotly con-| tested the accusation of vagrancy filed against him by Patrolman Nelson, | whose beat covers the Barbary Coast. Dis yah officah,” 'said Stewart ain't agwine ter mean.ter swear dat | he sees me loafin’ on Pacific street all de time. Showly he must give me credit fer doin’ a little sleep. De fack am, Jedge, dat der ain’t no moah in- dustrus coloahed man dan 1 am ter be foun' anywheres. I wuks all day a bahbahin, an’ at night I thumps a piano in one ob de dance halls. If dat ain’t a gwine some as a wWu Ise'd like ter know what am.” ‘But you don't work as a barber on days, do you?" asked Judge Conian, | parently interested in the confession a strenuous life. er, « “No, sah; > a union bahbah, an’ doan break no union rules..-On-Sun- I play baseball in Golden Gate kase I needs de recreashun.” certainly must need cessation our interminable toil, Mr. Stew-, nd when you reappear here to- ¥ B4 art, morrow morning T'll prescribe a dose of rest-cure for you.” . A more unlikely looking vagrant than Mo Kai never faced that charge in a police court, yet there it confronted him, written in black and white and pressed by no less an authority on Ce- lestial vagabondage than Patrolman Reed of the Chinatown squad. Mo Kai was tall of stature, dignified of mien, wore the natty black silken skullcap, the pea-green silken blouse and the pink silken trousers of the Chinese mercantile class. And his facial ex- pression and embellishment were in perfect accord with the respectability suggested by his attire. His features were placid and wax-colored and a beard of conventional Confucian trim drooped from his lean nether jaws. “You don’t mean to say that this man is a ‘vag? " exclaimed Judge Cab- aniss as Mo Kai kowtowed to him with | Oriental gravity. “That's what—a four-ply bum,” was | the officer’s response. | “Where did he get that gorgeous ap- | parel?” | “Blackmailing women.” | “Four months in.(he 'County Jafl.” | Charles Siegenthaler declared he was | rot a fighting man, but a peaceably like to have that fact thoroughly un- derstood before Judge Conlan heard the testimony of the policeman who charged him with exhibiting a deadly weapon in a saloon on Fourth street, near Market. His Honor commended Mr. Slegenthaler’s precaution and then listened attentively .while the police- man told of how he had found a large pistol fully loaded in the defendant's possession. | “I pulied the bun” Mr. Siegenthaler | explained, “not with intent to shoot, | but simply for the purpose of intim- | idating a gang of toughs that was ‘doing up’ & friend of mine. I believe they would have killed him If my dis- | play of firearms and threat to pull | the trigger had not bluffed them off.” Case continued till this morning in troduce chnrac.ter :esn:mmy. | Rakurs Sato, lately of Japan, was | before Judge Cabaniss on the charge | of having stolen a dining-room chair | from the residence of Mrs. F. F. Min- | naker, 1571 Jackson street, and trying | to sell it at 1808 Polk street, where he | was arrested by Patrolman George | Graham. Case continue-d till to-day. | Az Patrolmen Regan and O'Connell ar- tickets at 42 Second street and then proceeded to 1312 Market street, where they arrested James W. Carson for & similar offense. Both the defendants pleaded guilty and Judge Cabaniss fined them $40 apiece. W Franz Nordman, a Finnish mariner, was deep-laden with flery waters as he staggered along the Barbary Coast night before last. At the intersection of Pacific and Kearny streets he saw a stalwart blue-coated human form with back turned toward him and bore down upon it, grasped one of its arms and sharply swung i§ around. “What did you do that for?” in-| quired Patrolman “Jack” Stelzner, for | none other than that former practition- | er of the fistic art it happened to be. “Just to see,” replied Mr. Nordman, in a dialect that is unproducible in rint, gwhat your star looks lke.” “Come with me and I'll not only balked, of course, and equal- he said, he has known Mrs. ‘Bal- | Judge Conlan. yesterday morning he glanced admiringly at his captor and declared that never in his maritime ]Pxp'*rinn(-o had he been so scientifical- v | have the court realize that his was no ordinary experience. He could show cranial scars in proof of his assertion magine they have some sort.-of a:(h:u he had run afoul of more than proprie claim on the furmiture.{One mate who could wield a belaying This h ucination has led Mr. Schart ! Pin with stunning effect. The beauty 8. to rise from his bed at_unseemly“'f his encounter with Stelzner, how- hours and parade the _hallways, | €Ver» consisted of the fact that no i the door of her chamber ; Weapon was used on either side. ~And ing indelicate language. De seemed to be quite pleased to pay ey Ry the $5 fine that Judge Conlan taxed him. . After serving three months’' impris- {onmnent for disturbing the peace, Jake | Emige, who threatened to slay Miss | Etta Raymond of 448 Linden avenue, vill reappear before Judge Conlan and |ascertain just what bond he must fur- | nish as assurance that he will let the | Woman alone. Miss Raymond appeared in court esterday, and displayed a letter writ- |ten to her-by.Emige after his arrest. The missive wds frightfully spelled and punctuated.and informed the ad- jdressee that if she desired to_retain possession of her life she would for- et to prosecute the writer. | *“Just now you seem to be in a dan- |gerous state of mind,” said the Judge ito the defendant, “and for your own | sake as well as the complainant’s safe- ity I think it best to send you to jail, {where vou will have time to recon- !sider vour apparent determination to kill. ! Emige threatened the woman's life ¥ ! because she tired of his attentions and | refused to return certain love tokens which he had given to her during the days of their courtship. F R A Isadore Burg, charged with bigamy, was held to answer before the Supe- rior Court in $4000 bonds by Judge Cabaniss. He deserted his wife and two children in London, England, and came here and married Annie L. Perl- stein on July 9. His deserted wife fol- lowed him with her two children to this city and coused his arrest on the bigamy charge. e There Is a Difference Try ; table, bath, kitchen.* SON AND DOC ARE IS RIVALS Wife of Captain Tornstrom Says He Was Jealous of Her Small Attentions e S Leslie. See that differe: A part recompense for the mistake of her life was yesterday given by Judge Hunt to Alma Fried Tornstrom in the form of an interlocutory decree of divorce from William Tornstrom, erstwhile captain’ of the schooner Lud- | low. Mrs. Torntsrom-is 20 years old and more than ordinarily pretty. On July 13 of last year she was wedded to Cap- tain Tornstrom, thirty years her senior. On April 6 she felt compelied to desert him and sought refuge with her sister in this city. The master of the vessel brought suft for divorce and charged his young wife, in vague and unspe cific terms, with having been unfaith- ful to her vows. She promptly re- sponded with an answer and cross- complaint, in which she denied all of s allegations and in turn sued for on the grounds of his extreme cruelty. After her marriage, and with her husband’s consent, Mrs. Tornstrom studied to qualify herself as a profes- sional nurse. Her sister, Hilda Fried, is now a graduate nurse in the County Hospital. Both appeared in_ Judge Hunt’s court yesterday and told a rare story in response to the questioning of Mrs. Tornstrom’s attorney, Arthur H. Barendt. Mrs. Tornstrom reluctantly told tha court the details of the abuse to which she was subjected on a cruise of the Ludiow from San Pedro to Washington ports and return. She said her husband | exhibited jealousy when she petted the dog on board the ship, and when she | invited his 19-year-old son to take cocoa with them in the cabin the boy's father accused his bride of caring more for the lad than she did for him. Other things happened on the trip, including various assaults, which left her marked black and blue. On the homeward run the captain, carrying a heavy personal cargo of booze, compelied his wife to accompany him to a low resort in Port Townsend. His actions and treatment of her mortified her beyond endurance and she wrote to her sister for funds with which to leave him. The funds were sent and the desertion followed. Tornstrom followed her to San Fran- cisco and was menacing, but to no avail. Attorney Willlam Hoff Cook ap- peared for the sea captain, but offered no questions, and the divorce was granted on the wife’s cross complaint. Judge Hunt yesterday made another ruling in the protracted case of Dina Smith against Andrew Smith for di- vorce. He denied the motion to reopen the case and denied again her applica- tion for divorce, but ordered that Smith should pay her $45 a month for the sup- port of herself and child. On the first ruling he onlv ordered that the hus- band ehould pay $10 a month for the care of the babe, but when Mrs. Smith called to make up her husband received her with a wagon spoke, and he will have to pay the price. . Twenty-five years of cruelty was re- cited yesterday in the answer of Sophia Smith to the suit for divorce begun by her husband, Theophilus Smith, who has an office at 111 Broadway, New York. He charged her with all kinds of mistreatment, including a habit of calling him vile names at his place of business and in the presence of his as- sociates. She denies the allegations and says that he has been cruel to her since 1879 and has prevented her from seeing her three children, the oldest of whom is 25 years of age. She charges, too, that, with the children, he was un- lawfully living with one Jessie Marks in New Jersey and at Toromto, Canada. Divorces were granted yesterday by Judge Murasky to Thomas G. Millar from Grace W. Millar for desertion; by Judge Hebbard to Lena A. Jacobs from Efnest Jacobs, neglect; by Judge Troutt, in Judge Sloss’ court, to John H. Musgrove from Emma Musgrove, intemperance; to ‘Anna C. McNeill from Goerge A. McNelll, neglect; by Judge Kerrigan to Bessie E. Loebel from Al- ton Loebel, desertion and neglect. Suits for divorce were filed by Annle E. Musgrave against George Musgrave for cruelty: Sterling Lord-Whitney inst Morgia Lord-Whitney, deser- :&; JFEdwin B. Merritt against Mary y of course he finally went where the As he stood before . Merritt, desertion; Joseph Podesta against Ruby A. Podesta, crueltv. man-handled and he would like to | SLAVE GIRL S [N PERIL Mee Ho Is Kept in the De- tention Shed Awaiting an Examination for Landing BUREAU IS TO00 BUSY Chinese Collecting Twelve Hundred Dollars Under Pretense of Paying Bribe Mee Ho is a guileless Chinese maiden { of sixteen years, who arrived on the steamship China on July 25 and whose case has not yet been taken up by the t'Chinese Bureau. Charles Mehan, the inspector in charge, said yesterday that i the girl claims to have been born in | this State and that she left. this port d went to China at the age of four vears, twelve years :ago. She had not been denied a landing,-he said, but the | bureau had- not yet had time, owing { to the pressure of business, to take up | the girl’s case and pass upon it. Some time ago Mrs..Dayis of the | Chinese Methodist Mission learned that a certain Chinaman in this city- was | preparing "to marry the girl, who her- self feared. that the ge ceremony | was Inten only ‘to cover transition into the life of a slave for immoral | purposes. Recently a Chinaman has | represented to his white friends that {it will be necessary for him to raise | $1200 before the girl will be allowed to land, thus giving them the impression that there is something sinister in the delay of the Chinese Bureau to pass | upon her case. | The bureau people say that it is an | old trick of Chinese blackmallers and | grafters to collect money ostensibly for | the purpose of bribing officials to land | Chinese and then to put the money into | their own pockets. | The case of a certain shyster lawyer V'is the latest development of this phase | of grafting. Learning that a certain { Chinaman was about to be landed by | the bureau, he went to the Chinaman and collected ‘$100 from him, on the | guarantee that he would be landed | upon payment of that sum. The mat- | ter was reported to Immigration Com- | missioner North and he at once filed |a complaint with the department at ‘Washington to have the shyster dis- barred so far as the Chinese Bureau is | concerned. | Prices are being quoted in China- | town as follows: For landing a Chi- nese woman, for landing a Chi- | nese man, $176, and money in many | instances has been paid to the grafters under the belief that it will be used lto bribe Federal officials. Another young girl is in the deten- tion shed with Mee Ho and her case is similar. The missionary people will | take these girls in charge as soon as | they shall have been landed, if they ! are landed at all. el LEASED ENTIRE BUILDING. | Ola Offices of Easton, Eldridge & Co. | Filled by New Firm. The building at 638 and 640 Market street, for so many years the headquar- ters of Easton, Eldridge & Co. has been | taken under a lease by Sage, Dealey & Co., who will conduct a general real es- | tate business. Both Mr. Dealey and Mr | Sage are well known in the ~business | world, the former having been for six- | teen years with Easton Eldridge in a managerial capacity. The latter, Mr. | Bage. was for many years cashier and credit man of Baker & Hamilton. The | irm has the advantages of youth, repu- | tation, acquaintance and a strong com- | mercial standing; every equipment for a | promising future. | NOBLE B. YOUNG GOE! TO THE CO | Sentenced to Pay a Fine of Five Hundred Dollars for Forging a Money Order. Noble B. Young, a young dry goods |clerk from Eureka, was surrendered | yesterday by his bondsmen to the | United States District Court, he having cen convicted of forging a postal money order for $50. Judge de Haven sentenced him yesterday to pay a fine | of $500 or be imprisoned in the Ala- | meda County Jail until the fine is paid. This means that after an imprison- ment of thirty days he may take the | pauper’s oath and be released. |7 Young bore a good reputation until | his arrest. He received a letter ad- | dressed to N. B. Young and enclosing a postal order for $50. He signed the | order “N. B. Young” and collected the money. He explained that a man in the East owed him that sum and he thought the order was in payment of the debt. — ee————— Steamer H. J. Corcoran, Sunday, Aus. 28, for Vallejo, Glen Cove and Antioch. * —_——————————— Potato Case Postponed. The hearing of the application of | four commission firms to restrain the Harbor Commissioners from revoking their licenses because they sold po- tatoes and onions on the public wharves in lots contrary to the pro- visions of the Woodward law was set for yesterday in Judge Kerrigan's court. It was stated that Attorney J. B. Reinstein, who represents the plain- tiffs, is ill and the trial was postponed until September 1. NTY JAIL Fall hats, 1904, just arrived, nobbler than ever. Tom Dillon & Co., opp.Palace.® —_————————— Each Wants Possession. A contest between two sisters for the possession of a house at 215 Cortland avenue has been taken into the Police Court. Yesterday Mrs. Lyda Taaffe, 338 Union street, secured a warrant from Police Judge Cabaniss for the arrest of her sister, Mrs. Mar- garet Mullaney, on a charge of forc- ible entry and detainer. It is alleged that Mrs. Mullaney took forcible pos- session of the house on August 22. NEWBRO’S The ORIGINAL remedy LIKE Newbro's THE PARDO mu-m.—-fi-n-m AN FRANCISCO CALL, THURSDAY, AUGUST 25, 1904. You know be worth as this is so. We thirty to forty Selections a Steinway baby grand piano 5 PROMPT AND Established 1 WHAT PIANO SHOULD YOU BUY? of the makes which we sell; but if you didn’t then the fifty- four years of age and general standing of our company would It may not occur to everyone that it pays sometimes to sell goods at cost, and even at less than cost, but the good merchant will tell during the next few days, but in addition to these we have a matter of and styles dropped from catalogue, which must and will be sold regardless of former prices. needs a piano or organ, to buy. 3 TO 15 LESS THAN REGULAR PRICES largest stock in San Francisco—almost any style and wood you wish, and prices which justify a much earlier purchase than may have been con- templated. The time to buy is when you can buy Select your piano now. privilege of exchange. We sell no instrument we do not guarantee. NOT ONE PENNY ADDED IF YOU BUY ON TIME Mathushek upright piano..$175 | Paige & Co. upright......$230 | Stone & Co. square...... English make upright. 75 | Brewster u, right, new. 195 | Mason & Hamlin, upright. i New England .. 135 | Steinway square 80 | Brambrach upright, new.. Kohler & Chase. Bradbury square 25| Kohler & Chase upright.. 2 Blasius piano .... Iverson upright, new. 145 | Iverson upright, new - Albrecht ~piano . Knabe square ..... 90 | Crown upright .... ¥ Kohler & Co. piano... Schiller upright, new 280 | Kimball upright . ¥ Hobart M. Cable piano Kohler & Chase upright.. 2335 | Hoffman upright, new. Knabe piano ............. 450 | Weston upright, new. 25 | Decker & Bros. square. Marshall & Wendall piano 12 New England upright Knabe upright, new. 5 Regent piano ............ 233 | Iverson upright, new Behning upright, new. Mason & Hamlin pidno... 245 | Kohler & Co. upright.. Weber square ... Albrecht piano ...... . 285°| Hoffman upright, new. Hobart M. Cable upright.. Tverson piano ....... 145 | Kurtzmann uoright, ne New England upright Franklin piano ...... 220 | Emerson square Albrecht upright ... Fischer piano ............ 345 | Chickering upright . Blasius upright DON'T DELAY, BEST SELECTIONS ARE NOW. KOHLER @ CHAS Corner Post. and Kearny Streets, San Francisco. ADVERTISEMENTS. » something about pianos; you know some or all much to you as knowledge of the instrument. you have not only to clear out a large number of used pianos odd styles in absolutely new pianos—sample instruments Now is the time for the prudent man or woman, who re now offered from new pianos as well as used pianos—the eap—that time is now. If not in every way as represented you have the A. B. Chase upright C. R. Hall squarc'.. Bachmann upright . Kohler & Chase upright. BEST ATTENTION GIVEN TO MAIL INQUIRIES. 8<0—The Largest Music House on the Pacific Coast. ASYLUM BUTTER CONTRACT VoID Judge Seawell Enjoins Man- agers of Napa Hospital From Favoring a Bidder — The action of the board of managers of the Napa Insane Asylum in award- ing the contract for the supplying of butter for the Institution to Wheaton, Pond & Harrold, when at least seven bidders had offered to furnish the stuff at a lower figure, is criticized by Su- perior Judge Seawell. In passing upon the suit of the A. L. Lundy Company for an injunction, which he has had under submission for several days, Judge Seawell finds that the asylum managers exceeded their authority and he orders that they be restrained from letting the contract until they have investigated the te- gponsibility of other and lower biddefs. The Lundy Company had formerly fur- *nished butter and eggs to the asylum and was among the lower bidders whose bids were rejected. In the evi- dence taken in the trial of the case the asylum managers stated that Lun- dy’s butter was rancid and his eggs bad. The substance of Judge Seawell's written opinion is as follows: It is well settled that in determining the re- sponsibility of bidders the board is not limited to pecuniary responsibility, but it is its duty also to consider their integrity, skill and expe- rience, end facilities for carrying out the pro- posed ‘contract. The discretion which the board is empowered to exercise in awapding contracts for supplies is what is known which excludes arbitrary or capricious action. The courts have no power to control euch a dis. cretion, nor compel the board to award a con- tract to a particular bidder, but they have the power to restrain the abuse of that discretion. In this case there were seven bidders upon the butter contract, at prices materially lower than the bids cf the parties to whom the con- tract was awarded. Conceding that the board had power to reject the bids of those whose performance of previous contracts had been.un- satisfactory, there were at le: four of the seven bidders as to whom the board had no knowledge or information, and as to whose qualifications no inquiry or investigation was made. The position taken by the managers was that the successful bidders had performed a con- tract satisfactorily the previous vear and it was wiser to make the award to them even at higher prices. The court's opinion is that such a pasition has no support in the statutes. If ignoranca of the qualifications of other bid- ders, as to whom mno investigation ls made, can justify an award to the highest bidder, the persoas first obtainiug contracts can eon- tinue to get them indefinitely without fear cf competition, and the mandatory requirements of the statutes are practically nullified. The opinion declares that it is the duty of the board to make the inves- tigation and one method is to call upon the bidders themselves to furnish sat- isfactory evidence of their ability to fulfill the contract. In awarding the contract without investigating, while considered for the best interest of the hospital, the board had a mistaken view of its duty. Under its power to reject any and all bids the board could not arbitrarily reject any bid without inquiry or investigation as to the re- sponsibility of the bidders. Judgment is ordered restraining-the defendants from entering into a con- tract with Wheaton, Pond & Harrold for supplying butter to the Napa State Hospital , after proper investi- gation, the board shall determine they are the lowest responsible bidders. NEW ADVERTISEMENTS. HERPICIDE s a sound legal discretion, | AMUSEMENTS. GALIFORNIA Last Week of Special delodrama Ceason. Mark Swan's Clever Comedy Melodrama The Man of Mystery The Great Detective Play. NEXT SUNDAY EVENING, Aug. 28, FLORENCE ROBERTS Initial Appearance in TESS OF THE D'URBERVILLES SEATS NOW SELLING. MONDAY—Seat Sale for PPHO.” SAN FAANS'SCE . | COLUMRBIA ol NIGHTLY, INCLUDING SUNDAY. MATINEE SATURDAY ONLY. ARNOLD DALY Announces THE DELIGHTFUL | AN D | COMEDY | MASTERPIECE. AMUSEMENTS. Vaudeville’s Very Best! Williams and Tucker; Max and Julia Heinrich; Treloar, Assisted by Edna Tempest, and the Orpheum Motion | Pictures, Showing | JACK MUNROE at His Training Quarters Last Times of Walter C. Kelly; Emmett Devoy and Company; Three Juggling Barretts; Little and Pritzkow, aad | ery Wednesday, Thure- OPERA TIVOLIRSE EVERY NIGHT AT 8. San Francisco's Superlative Musi- cal Comedy Triumph THE TOREADOR Interpreted by a Great Cast, In- cluding: _ Kate _Condon, Mary Young, Carrie Reynolds, Bessie Tannehill, Dora Fillippe, Wil- DA PRICES—Orchestra, $2; Dress Circle, §1 50 Balcony, first seven rows, $1; 75c; Second Balcony, 50c and Next Monday = OPERA GRAND %ouse Last Three Nights. Matinee Saturday. MR. JAMES NEILL seph Fogarty. Only Matin: Saturday. Usual Tivoli Price 506, TSe. Look Out for THE SERENADE. SUCCESS OF SUCCESS| THE ANHEUSER PUSH (By Will Carleton and Lee Johnson.) Replets With Up-to-Date Novelties and Laughe able Situations. Highest Salaried Burlesque Artists—Dorothy Morton, Georgla O'Ramey, Rice and Cady, Bobby North, Edwin Clark, Ben Dillon, Flos~ sle Hope and Pear! Hickman. Great Chorus of Forty. Thres Magnificent Scenic Acts—Never Bqualed ere. Mats. Sat. and Sun. Same Popular Prices, Special Mats. on Labor Day and Admisston Dag NEXT BURLESQUE—"MISS MAZUMA." e — NEXT SUNDAY MATINEE Under 2 Flags ALCAZA . TO-NIGHT—ALL WEEK. MATINEES TO-DAY AND SATURDAY. Evg., 25c to 75¢. Mats. Thurs. & Sat., 25¢ to 50e. WHIT E [ e i ] WHITTLESEY In the Popular Romance, THE PRIDE A Great OF JENNICO L e ““A thrilling performance.’ “Company appeared to great advantage.''— Post. | MONDAY, August 20—MR. WHITTLESEY in Belasco & Mayer, Proprietors. E. D._Price, General Manager. and Evening in the Theater. ——TO-NIGHT— GALA AMATEUR PERFORMANCE ——Concluding With— NEW LIVING PICTURES. Take a Ride on the MINIATURE ELECTRIO RAILROAD. MISCELLANEOUS AMUSEMENTS. “Faith: Its Dangers and Safeguards” BY THE Most Rev. George Montgomery For the Benefit of the CHILDREN'S DAY HOMES. ST. MARY'S CATHEDRAL, THURSDAY, AUGUST 235, 1904, AT S P. M. NATHAN HALE Clyde Fitch's Greatest Colonial Drama. peLes MAYER GENTRAL*2: Market st., near Eighth. Phons South 533. TO-NIGHT—AIIl this week: Mats. Sat and Sun. First Time Here of the New, Thrilling Spectacular Drama of the Russo-Japanese War A Spy at ‘ Port Arthur ‘Massive Pictures of the Besiexed Fortress. Sensational Scenes of the Great Conflict. ', Evenings. Matinees. . Next Week—Francls Powers’ Chinese Drama, THE FIRST BORN. MISCELLANEOUS AMUSEMENTS. Pl Lo s e e AN A A BASEBALL. San Franeisco vs. Tacoma AT RECREATION PARK. Eighth and son sts. WEDNESDAY, THURSDAY and FRIDAY, 3:30 P. M. SONDAT X3 B X DA E . LADIES FREE THURSDAY A%D FRIDAT. ‘Advance sale of seats at § Stockton st CALL WEEKL 18 Pages. 8§l per Year