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NCIS < JOUN D. SPRECKELS ADDRESS ALL COMMUNICATIONS TO .Propricior JOHN McNAUGHT . .Manager TREETS. SA! ICATION OFFICE MARCH 22, 1905 WEDNESDAY C THE PRESIDENT AND THE RAILWAYS. ONGRESS : rned without action upon the enlargement oi the powers of the Interstate Commerce Commission over the es charged by transportation companies. This throws the 1e next Congress, which is fresher from the people and at the same polls as the President. This fact should be a bond of sympathy between it and the executive. If such and shall lead to a conservative treatment in line reasonable recommendations, all parties to the d and none will be harmed. of the President are mistaken in treating ionary novelty. Instead of being that, the rig ion of transportation rates is well settled in an u Hardly any judicable question has the courts in as great a variety of shapes as this. For- was held that railway corporations were subject only 0 written in their franchises. Chancellor Walworth held es may from time to time regulate the use of it the amount of the toll which it shall be thev have deprived themselves of that power 't with the owners of the road.” Then arose istence of a legislative finality and of the tec prove to ex his dicial decisions. € ure to bind all of its successors by a legis- hat ¢ vas decided against such right. Justice Swayne elc cases he rule of construction is that it shall s st: strongly against the corporati Every reason- t bt is be resolved adversely. Nothing is to be taken as edec what is given in unmistakable terms, or by an impli- clear. Silence is negation and doubt is fatal to the ctrine is vital to the public welfare. It is axiomatic e dénce of this court.” So the rule stated by Greenlez ame to be settled “Any act of the Legislature disabling itself o future exercise of powers intrusted to it for the public good being in effect a covenant to desert its paramount duty to some cases that have been adjudicated the franchise did not X} v give the railroad the right to make any charge at all. As cases the courts properly held the right to make a charge m plied, as an essential feature of the enterprise, but at the c 1e the right of the State to control the rate of charge was »gnized. Franchises containing the covenant that the railway have the right “to transport all articles usually carried on rail- d to charge and receive therefor such tolls and freights as for the interest of the corporation,” were construed by the to mean that rates and tolls must be reasonable, or the public to make them so would be invoked. In the case of Wells, argo & Co. vs. the Oregon Railway and Navigation Company, the ilroad took refuge behind its franchise, which gave it the power to lect h “tolls or freights as the corporation itself may prescribe.” dy held this to mean only the grant of a right to make casonable charges and take reasonable tolls. questions arising in the franchise itself have been settled avor of the permanence and continuance and inalienability of the t of public regulation of rates. Equally clear is the adjudication the subject of rebates. In the Camden and Amboy case the Su- reme Court of the United States said, “The rate must be a stipu- reasonable and uniform toll,” and that if the road does not so ntain its charges, then it ceases to be a highway, and the legis- e acts giving it its very existence are unconstitutional and void. V'hen tolls and rates are affected by a rebate they are not reasonable uniform, and the offender incurs serious penalties, beyond those n the anti-trust and interstate commerce laws. The return of franchises to the State for violation of their, written or implied con- tions is clearly a legal method. the evolution of the subject the courts have not been un- 1 of the right of railroad property to the protection of the law. have decided that rate-making is a judicial and not a legislative utive function, and that no matter whether rates are made ic authority or by the corporations, they are subject to due rocess of law, which is the judicial process only In the foregoing it is made plain that the policy of the President s conservative in respect both to the rights of property. and the in- erests of the public. It should also be plain to all interests con- erned that if the question is not settled by the next Congress, it is to go before the people in the next Congressional election, when here will be furnished scope for all sorts of radical propositions, vhich will cloud the issue and identify it more or less with all sorts socialistic propositions. These considerations should impress upon Congress the extreme rability of leaving no provocation for socialism to feed upon. There is nothing so intricate in the matter as to be the despair of statesmanship. The railroad people will doubtless see their interest a NaAvS wer Ige Dea ated fixed re w in co-operation with the President, rather than in stubbornly oppos- | ng the only solution possible. 1 JOHN HAY’'S ILLNESS. HE whole country hears with profound sorrow of the precarious condition of the health of Secretary Hay. He has had a longer and more varied experience in public life and contact with the affairs of his country than any other man now in official position. As | 2 young man he went to Washington as ithe private secretary of President Lincoln, and was in intimate touch with all of the tragic incidents of the Civil War. Later he was Minister to Great Britain and then became Secretary of State. In that position all of his ex- perience. his just and well balanced mind, his stalwart Americanism his love of truth and justice have made him the greatest, fairest 2nd best diplomat the world ever saw. He was the President’s private secretary when Lincoln was as- sassinated, and he was Secretary of State when McKinley was assas- sinated, an experience that no other statesman has had, and, consid- ering his kindly heart and sympathetic nature, one that might well !eave;harmful impress upon his physique. T of that profession its craft and cunning, and has substituted therefor honor and truthfulness and justice. So widely has this impression gone that other nations are compelled to recognize it, so that it can be no longer said that an Embassador is a man sent abroad to lie for his country. As Secretary of State his service has been a long 2nd constant strain. He has influenced the affairs of the world as no other American has done in the State Department. He con- in China, defeating through Li Hung Chang the secret treaty with .Russia, and finally preventing it after the death of that statesman. He compelled also the neutrality of China, and by a single ex- pression prepared for the restoration of nearly all Manchuria to that empire, when he said that its “administrative entity” must be re- spected. : The prayers and the hopes of his countrymen are with him nows, in these days of his shattered health and strength seeking exile, and so are the prayers and hopes of all men everywhere who seek justice and love their fellow-men. o ——— A minister in New York has been telling lawyers that they should stand between the people and the robber corporations. That is exactly what they have been doing all along, and catching what comes along both ways.—Balti- more American. SRR dues. EAvelia s, The chzirman of an Englith railway system is to be executive head of the Britich navy. Evidently the London Government is ing to follow the Ameérican idea of running ships by the block system.—Baltimore Sun. A5 SRR P8 Mr. Rockefelier is wealthy enough to retire, but probably he remains in husiness to show Kanesas that there is one good fight left in him.—Pittsburg Times. N 2 has taught the world a new diplomacy, and has taken out | olled every Chancellory in Europe in commanding the open door | PTAIN 3. a beauty, or even moderately pretty, this story would not have to be written. With a snub nose, hair, eves and complexion of the same piece, and no figure to speak of, even a robust vanity cannot deceive. Anne Maria’s vanity was not robust. How should it be when she had a beautiful | sister, upon whom the family hopes and the family expenditures equal | centered? But Anne Maria had under- ! standing. Since she could not be or- namental she resolved to be useful. Moreover, she had a palate rare in womankind, and a deft way kitchen that was worth a lot of looks. You begin to perceive the relation of things. she wouldn't then Captain Josephus stories should be told as they happen. Captain Josephus was a bachelor, rich have been a cook. and cranky, who had two cares in life—keeping his indigestion and his freedom. To say that he was nice over his eating is putting it quite too mildly. It was the same regarding his single estate, He thought every )f dower or alimony floating through her head. And he was firmly resolved never to marry; also quite as firmly résolved that his nephew, Alonzo, should not live a bachelor, nor marry | any wife save one of the Captain’s choosing. Judge Jones, Anne Maria's father, had been at college with the Captain. Naturally brought town the when business deal the he was made very welcome Jones home. Naturally, aiso, who came along, went down Louella, the beauty. Then the Captain called him names, and sent him packing, saying grufily: “If you want my money to go to charity just marry anything named Jones.” When Louella heard that she tossed her head and went on a long visit to her city aunt. Anne Marja stayed at home, keeping very much out of the Captain’s way, but getting up such dishes for him as he had not.tasted since his mother died. Good feeding a is held to breed good temper, but the Captain must have been born to set rule and proverbs at defiance. The fatter he got the crankier he showed himself to be. Indeed, Judge Jones gave Anne Maria a caution at the end of the third fortnight, saying: “If you feed up that old wretch much more there'll be no doing business with him. As matters stand, this whole thing hinges on his consent—and yesterday he let us know in full board that unless he has his own way in everything, from the weight of the rails to the names of the stations, the railroad will never be built. The final meeting when all must be decided comes off two, days hence, If only you could make the Captain ill—too ill to be in his seat— but really I don't believe it is possible. He has the stomach of an ostrich, al- though he talks dyspepsia half the in the| If she had been a beauty | And | Marshail—but | girl | who was even civil to him had visions | Captain to the Judge's | in | ———ee———————} | =+ THE PLIGHT OF CA MARSHALL. —_— 1 “Dried peach plest” tain mumbled. the cap- I - & time."” Anne Maria sighed, then smiled, but said nothing. She studied half the night, and next morning said privately |to the Judge: “Don’t come home to | lunch, father—I shall send something | to the office. And be sure you keep the | Captain to eat with you.” Then she | disappearéd- in the direction ~of the | kitchen, smiling oddly, and also sighing | the least bit in the world. | “What have we here? As I live, | fried pies! Jerusalem, how my mouth | waters! I can eat an acre of 'em any day!” the Captain cried, as toward | | one o'clock that day Judge Jones threw |back the damask cover of the laden tray that had just been set on top of his big desk. “And I'm hungry as a wolf! This is luck!” the Captain went | on, seizing one of the rich brown greasy | half-moons and popping the end of it | into his mouth. It came away with a ‘('l?un semi-circular cut something less ! than four inches across. “Dried peach 1pies!" the Captain mumbled eestatic- ally, chewing hard. “Sun-dried peaches, too. Where, where did you find 'em, Jones? Never tasted anything so good in all my lif “You must ask the women,” the Judge said, chuckling behind his hand he began to see the method of Anne Maria’s madness. Hospitably he press- ed other things on the Captain, but without avail. The first pie disap- peared in exactly a minute—the secona | required a minute and a half. Then | the Judge lost count, though his inter- | est was still keen. He smiled affably when the Captain said, in a conscience- stricken voice: “God bless me! Jones, I've eaten every pie! Such a pile of them, too! But you'll forgive me—I don’t get 'em only once in a blue moon. Besides, | after the tuck-out I shan’t want any- | thing for at least two days.” “You're more than welcome,” the Judge said, hospitably, lighting a cigar. | The Captain waved aside a proffered | pipe. “Wouldn't spoil the after-taste of my pies for a fortune,” he said. “I'm going right now to sleep away the | afternoon—indeed, I feel like sleeping | till to-morrow morning.” Man proposes—sometimes. The Cap- tin slept for three hours, to awake in | agony. Not for naught had he coddled | and cosseted a stomach of these years. It resented angrily the burden he had | put upon it. Fried pastry had been nothing to a bov's digestion, but to eat it with a boy's appetite in late mid- dle age made it quite another thing: | The peaches had been as sweet and spiced as the pastry was greasy. To- | gether they kept the poor Captain ill | all night long. In the morning he was | weak and wan—so weak the bare | thought of food revolted him. He got up and staggered about the room, but | found it idle to think of going out. | Then came the Judge to whisk him away to his house, in spite of the Cap- tain's weak and wavering protests. “Leave you here! Not much. Ho- tels are dreary places for sick men,” the Judge said heartily—meaning Guite half he said. And the Captain found himself established in state in the Jones' spare room, with Anne Ma- ria flitting noiselessly in and out to fetch him gruel, or clam broth, or some other thing he needed but did not crave. Thus skillfully encouraged, indiges- tion kept him prisoner three full days. ‘When he at last got out, it was to find the railway pact made beyond over-; setting. That, however, did not trou- ble him so much as a nearer personal concern. Alonzo must be told—but how? There lay the rub. Alonzo { | was still sulking afar off—at least the Captain believed so. Desperately he decided on heroic measures. After the decision he took Anne Maria for a quiet drive—Anne Maria in her best| frock and her most demure smlle.| When théy came back the Captain sent Alonzo a dispatch: “Come home; I have married a Jones. Help me break it to the old folks.” The answer was delayed, and the Captain was fuming when it came. As he tore it open Anne Maria read over! his shoulder: “Congratulations! So have I. We will break it to the old | folks together.”—(Copyright, 1905, | by Martha McCulloch-Williams.) GETTING RICH SLOWLY. Ordinarily a great fortune is built ' up like a stone wall—a stone at a time, says the Troy Press, man who declines to lay the first stone, because it comes so far short of a wall, will never make progress in financial masonry. An immense pro- portion of the people of this country live up to their incomes, laying aside nothing for the traditional rainy day. Because they cannot save $1000 in a bunch they save nothing. The great- est financial kings of the world have not been above taking care of the pen- nies even. The great financial institu- tions look after even the fractions of pennies. —_———— Beware of the married man who ad- viges a bachelor to get married. He may be trying to get even. The young | | BOBBIE ON EDITORS. There are 3 kinds of editors: | 1 boss editors. 2. other editors. | 3. spoarting editors. | I would like to be the spoarting editor | beekause he gits into all the fights and | ball gaims free and the other editors | pay when they go but doan’t go thay | aint got time. The boss editor is the | best job for munny. ~ editors is pretty hard to lick they | [dnant git licked much. Once my Pa tried to lick a editor but got licked hisself and came home with a eye all black and Ma said It serves yu rite trying to take away the freedom of the Press—Milwaukee Sentinel. e e e Some political candidates lost out be- cause they are unknown and some be- cause they are too well known. e 3 FASHION'S MIRROR . . : I | H +——-——-—— ~ .- A modish long coat costume for street and walking. It is made of heavy, dark blue cloth | leg-0"-mutton ;leeg/e, that is_agm’n S0 popular, is shown. — severely tailored. The old-time l l }man was waiting patiently —p POSTING SISTER'S BEAU. He was 4 naughty little brother; but | little brothers always are naughty on such occasions. Sister’s young gentle- ! in the drawing-room and Tommy opened fire wit “Are you going to propose to my | sister to-night?" “Why, I—er—er—er what do you mean?” “Oh, nothing! Only if you are you ain’t a-goin’ to surprise her. At din- | ner jus' now she bribed me an’ my lit- tle brother to go to bed at 7:30 o’clock, | She’s hung four Cupid pictures on the parlor wall, moved the sofa over in the darkest corner, got ma and pa to g0 callin’ next door, shut the dog in the hall an’s been practicing ‘Because I Love Yoy’ on the pianner all the after- noon. ou’ll get her all right, only | if she tells you 'hout it's being sudden, tell her it's all bunkum!”—Philadel- | phia Telegraph. i MYSTERY OF HEALTH. Whenever any one is released from : a jail or penitentiary after a long sen- | tence, we read that while he was in poor or downright bad health wheni‘ he entered he comes out as hearty as a brick. Yet almost without exception | Jails and penitentiaries are unsanitary, !‘ sunless places, with no facilities for ' precautions usually taken by those who wish to get or keep healthy. The mystery lies in two words—regularity and diet. The first is perhaps the more important. Clock-like regu- larity; everything done on the second | and on the same second every day; a | recognition qf the fact that the body ! is a machine. Then, as a supplement’ i to this, a simple diet—plain, not too | varfed—enough to eat, but not too | much.—Saturday Evening Post. | SHATTERING AN ILLUSION. The elderly passenger in the street- car, who was not s0 well preserved | as he thought he was, arose and of- fered his seat to the young woman who was standing in the aisle. “Oh, no, thank vou,” she said, “I| couldn’t think of depriving an old gen- | tleman of his seat.” i ‘“You mean it kindly, miss,” rejoined the elderly passenger, sitting down again, “but I'd rather you had chloro- formed me.""—Chicago Tribune. EVIDENCE AT HAND. “Ah!” sighed the man with the ! scanty hair, “Shakespeare spoke truly | when he said, ‘The evil that men do lives after them.’” For, be it sald, the scanty-haired man had recently married a widow with a 10-year-old son who was a ter- ror.—Chicago News. —_— Peculiarities of Orators. Some men get white while they are making great speeches and some get red. Others are nervous and fidgety. Others swing their arms and hop about from ome foot to the other. Senator Foraker of Ohio has his own peculiar- ity. When he is talking his face grows very white, but his ears get as red as tomatoes. All the blood seems to settle there.’ S e, Townsend's Cala. Glace Fruits, in ar- [ & tistic fire-etched boxes. 10 Kearny st. * St e i i Special information supplied daily to business kuu‘mm men by the|geast? Forain stieat'® Telephons Melafods. CHF | i cisco for a visit, and expects to re- | turn to her home in Lynn, Mass., with- ! such capacity, having stood with sev- | ers, ! copyright. where before. Mrs. Eward C. Landis was hostess at a delightful tea yesterday, involving, as it did, the renewal of mamy old friendships between Mrs. John B. New- hall and her former associates of this city. The Landis hdme at Scott and Filbert streets is a new one and to its own brightness was added that of | many flowers, mostly the fresh apple blogsoms. Receiving with Mrs. Landis were Mrs. W. H. Hammer, Mrs. Rhodes, Mrs. H. D. Tilden, Mrs. Weir, Mrs. John Hunt, Mrs. James C. Snook, Miss Elizabeth Knight, Miss Ida Voorman, Mrs. Sharrocks. Several future items of interest were divulged by Arthur Delroy, the palm- ist, who read many of the atfendant palms. b Mrs. Newhall has been in San Fran- in the -next two months. P Mrs. C. O. G. Miller will entertain at bridge to-day. o P Mrs. Andrew S. Rowan left San Francisco last evening for Vancouver Barracks, only to remain there a few days, for she and Major Rowan sall for the Philippines on March 31 . s s At the wedding last Friday of Miss Eleanor Rogsevelt and Frank Delano Roosevelt in New York, Miss Alice Roosevelt was one of the bridesmaids. It seems that this “first daughter of the land” is quite accustomed to act in eral brides, and entertains no supersti- tion regarding the adage, “Three times a bridesmald, never a bride.” Miss Roosevelt’s gown on this occasion was the one she donned at the inaugural ball. R S An engagement announced last year is rapidly nearing its arrival to the wedding day. In April Miss Olive Hamilton will be married to Winslow Beedy at the home of Mrs. C. H. Har- rison, Sausalito. This beautiful domi- cile is called “Hazel Mount,” and Mrs. Harrison, who is the aunt of the bride, has planned for a charming wedding. « e = Colonel and Mrs. J. A. Darling, with — '«THE SMART SET BY SALLY SHAKF ‘| capitals. the latter’s sister, M E are on their way to California, having left New York a few days ago. o i Our national reputation for glohg- trotting has even exceeded itself this spring and never in several years has there been such a wholesale exodus to Europe as is now in process. Lent, with its invitation to quietude, is ing utilized mainly for sightseeing not compatible with other times demand- ing hospitality. Last week a small c¢ ony of Californians sailed from York harbor for the Eurepean border, and notable among the passengers were Mr. and Mrs. Herman Schussler with their daughters, Miss Alice and Miss Loufse. Mr. and Mrs. Samuel Knight are also en route for foreign v Mrs. W. H. Hammer will sail Japan April 13. . for The wedding of Miss Camille Rosen- blatt and Alfred S. Gump will takas place March 28. The ceremony Wwiil be performed in the Concordia Club at 6:30. Mrs. C. P. Huff, wife of Ensign Huff, U. 8. N., has returned from Hotel del Coronado, where she has been spend- ing a month. i Mr. and Mrs. Henry Shepard Brickeil, with their som Russell Brickell, have returned to San Francisco after a six months’ tour through Europe. . . The home of Mrs. Eleanor Martin was filled yesterday afternoon with so- ciety people who listened to an inter< esting address on “Othello” by Edgar G. Abbott of Boston- This was the first of a series of three lectures to ba given on Shakespearean plays. Next Tuesday, the 28th, the “Merchant of Venice” will be tHe subject, to be given at the St. Francis, Mrs. Frank Caro- lan, hostess. Mrs. Willlam G. Irwin’s home will be the third meeting place on April 4, when ‘“‘Hamlet” will be expounded. These talks will be of great social and financial interest, for the California Woman’s Hospital is to be the bene- ficiary, and Mrs. Carolan is making much effort toward the general success. — ANSWERS TO VARIOUS QUERIES. OLD RUBBER—L. H,, Gaston, Cal Dealers in old junk in San Francisco purchase old rubber, but this depart- ment cannot advertiss such dealers. PREMIUM COINS—Readers and oth- City. This department has on many occasions announced that ques- tions relative to the amount of pre- mium offered for coins are answered only by mail when the question is ac- companied by a stamped and self-ad- dressed envelope. COPYRIGHT — Reader, Sebastopol, Cal. While there would possibly be no harm for an author to allow a publish- ing house to copyright his books, he could attend to such matter with but very little trouble to himself by fol- lowing the instructions of the Librarian of Congress in relation to securing a WEIGHT OF MAN — Subscriber, City. It is asserted by those who have every inch of height. For instance, if a man’'s height is five feet eight, or sixty-eight inches, his weight should be 170 pounds. REVIEW-—Subscriber, Mendocino City, Cal. Mining and Engineering s a periodical published in San Fran- cisco. This department does not pub- lish the addresses of mining com- panfes. If you will send a self-ad- dresseq and stamped envelope to the department of Answers to Queries the information desired will be forwarded to you. THE UNIVERSITY—T. K., Probesta, Tehama County. Cal. The organic aect or charter of the University of Cali- fornia declares that “it shall be called the University of California and shail be located on grounds donated to the State by the College of California.™ The land referred to is 160 acres, om part of which the university buildings made a study of the matter that the proper weight of a man in good condi- tion is two and one-half pounds for now stand, and was donated by the California College & meeting heid October 8, 1867. T NEVER FORGET IT. Maisie—I've seen that fellow some- Daisy—He draws soda water in Pillsbury’s drug store. Maisie—Ah! that's {t. I recognize his fizz. HIS IDEA. Bobby—Say, Pop, what is a movable | THE FUNNY CORNER | —_-- - —— . Miss Oldgirl—Man 1s but an earthe born worm. Miss Cutting—You evidently would not emulate the example of the early bird, then. Spoonier—Does vour father like to ‘have cgll on you? Miss Sweeting—Yes. He says you ‘are & corrective to the gas meter