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10 THE SAN FRANCISCO CALL, SATURDAY, FEBRUARY 3, 1906 NEWS OF THE CO MALL TIDE LAND FIGHT BREAKS OUT ON OAKLAND WATER FRONT. PR . Scheme of the West- ern Pacific Is Sus- | pected. i Building on a Barge| Is Torn -Down | Summarily. Error Is- Made in- the] Leasing of the Property. { i | L R | r front -be bly be- bridge con- | s & Co. and A Keéndall, | 1 the west side Firet street This land and his ass to tear down | by the rge lies | from the | ide land Kendall from | t| float ised as which & tool ng Kendall who, with ked the partly aring it down, Carpenters Kendall to place a | and mill com- | wbrk by umber of the members of | red, called the 1ding. know b ar vn the er informed. him t - the barge lay was leased t he had given no permis- tioh .of any structure on d. Harjes declared leased the barge t Company, but ate and refused to al- € 1o be replaced the Water Front and it was then | lease: had been given jes. & Co., but that it was g to the story of the that the. barge ased by Kendall NO RIGHT 70 GIVE LEASE. the property, however. the mill owner was right. and as his lease still has two, years o run no further action has been taken to replace the bullding on the barge. Wallace E. Hyde, one of the members firm ‘of Hyde, Harjes &.Co., sald 5 that his company had been given permission by Kendall to occupy - the barge, and that be could not understand n of the latter-in destroylng the finished warehouss. He also sald enfiall had agreed to replace the rection was sent for. On - meas was fou partly that K bullding. Asked if the move of his com- pany hed any conmection with the plans of the Western Pacific, Mr. Hyde said: Thers ig absolutel nothing in the ides that 9t possession of this land oific or any one We use the barge for & ware- shop. We went to Kendall a permission to make s landing his yard, and aiso asked him to allow us ns_through his property to reach the permisgion to do this, we knew he tore down however, L to that sefties the matter as far as we are concerned, when seen at his home, avenue, to-night said: that Hyde, Harjes & Co. them to use the barge an veway through our yard, an 0 allow them to do this. .They that they simply intended o s 8 landing place’and said erecting auy bullding. When hey had bullt a structure which v intended to stend- for twenty on the barge 1 made up my mind that something behind the move, and I took & gang of men and tore ng 1 1487 Kenda t of the land ogcupled by our First street-and west of | ed by the Water Fromt { d I received a notice ; © vMlcate the land, which | Ives and have occupled for , by the fist of March. | Aes any conneltion with | Harjes & Co. 1 don’t know. think, however, that their | tion was the result of a mistake. . e thing is certain, however. I shall m to vacate the land on which our yards stand and if they want it they will have to fight | Tor t; and 1f necessary 1 will carry the bagije | > the Federal courte. 1 do not believe they | nave any titie to, the land, and if 1 can prevent it they are mot going to get it | S iar SR MARRIAGE LICENSES —Oakland, Feb, 2. The following marriage licenses were iasued by the County Clerk to-day: Arthur Chiou- pek, 38, and Georgla L. Deibey, 50, Both of ruckee: Max A. F. Witt, 30, and Mathilda M. A. Lock, 25, both of Oakiand; Raiph E. Sal- ier, 23, and Marjory U. Shaw, 16, Oskiand; Andrew B. Christensen, 21, end Bianche L. Phelps, 20, Oakland; Joseph ¥. Mendes, 32, and Amelia D. Jesus, 26, both | ©f Oskland; Joseph Hedero. 24, and Katie ] a * Eowres 21" both ot San Pably: Morris Z. uglss, 24, Sen Francisco, and Cenelia Green, . Alameds. | Wester: | step’ yesterday when the Gould attorne | Western Waing that | g g e — A B L0 g 2 ¥ 154 T RIS Dk ONBARD COLRT HITH EVDENCE Western Pacific. Attorneys Spend the Day Presenting Legal Documents and Maps Efalice Snalily hearing - béfore~Judge Morrow of mction proceedings betweer the Pacific -and - Southern Pacific advanced another deliberate s The the § ratiroads finished their presentation "of evidence. Monday the arguments . will . begin. They are expected to be both long and heavy. From morning to eve yesterday the Western Pacific attorneys bombarded the | court with maps, affidavits and various legal documénts. The Most interesting exhibit, perhaps, was a composite map showing the jow :water mark of 1852, to- T with-the present landmarks. The . as drawn cut§ the Oakland mole a full two thousand . feet east of the pres- bulkk line, and cuts the mnorth training w six thousand: feet east of the sam ad line As the Southern Pacific claims to hold title up to the bulkhead Hne, and the Pacific proposes to limit it to the low-water mark of 1852, the ‘space between the two limes constitutes the disputed ground. West of the bulkhead line both parties admit the title of the On that territory the Southern s claims superior right through the right 6t access to deep water golng with its water-front holdings, and the Western Pacific claims superior right by pesses- sion and the franchise of the city of Oakland. Among en the affidavits offered, that of Engineer L. J. Le Conte was most im- portant. Le Conte is the assistant of Celonel .Heuer of the United States En- gineer Corps. In his affidavit he swears that during - the Government dredging contragts of 1876, 1857, 1889, 103 and 1905, sand and mud to the amount 6f 1,004,527 cuble yerds were deposited north of the north training wall, and that besides this a large amount was deposited in private dredging. By this the Western Pacific ‘attorneys wish to prove that the recession of the low-water mark has been due ta artificial and not natural ac- cretions. Le Conte also testified that the turn- ing back of the eastern end of the north training wall by the Southern: Pacific Company had increased the -sedimenta- tion along the water-front holdings. He also gave his professional opinion to the fact that the San- Antonlo Estuary) was not suitable as & terminal to a trans- continental raflroad. F. W. M. Cutcheon also offered as evi- dence & number of the publications of the United States Coast and Geodetic Sur- vey Service. His offering up of the arti- cles of incorporation of the Bouthern Pa- cific Company caused e little dispute, the Southern Pacific attorneys being somewhat distrustful of this move in spite of Cutcheon’s assurances of his candor and innocence. L2 S RAILWAYS CLASH AGAIN. Western Pacific Has New Fight Over Right of Way. OAKLAND, Feb. 3.—The Western and Southern Pacific rallways have clashed again over right of way across the - lands of the latter out in the Fruitvale district, and to-day condemnation pro- ceedings were begun by the Western Pacific to take a right of way across seven blocks of land belonging to the Southern Pacific, along Tenth street, from High street to Bay avenue, and crossing the intérvening 'strests of Blaine, Harrison, Cleveland, Austin, Jackson and Calhoun. The stipulation dismissing the in- junction proceedings brought by the American Dredging Company against the Southern Pacific Company, filed yesterday, wae presented In court this morning to Judge W. H. Waste, and the case was struck from. the calen- r. 3 The Building Trades Council of Ala- meda County, which ‘adopted resolu- tions favorable to the Western Pacific Railway Company’'s efforts to secure a tegminal at Oakland, has, received reply from Virgil G. Bogue, vice pres- ident and chief éngiheer of the road, in the course of which Bogue writes: The action taken by you {8 extremely grat- ifying to this company, and. on behalf of the Western Pacific Raflway Company I wish to extend thanks for your Indorsement and ef- forts in our behalf.” . We are bullding a rafllroad from Salt Lake City to this clty as fast ms conditions will permit, developing a new country, and placing you in connmection with the Gould system of over 20,000 miles of rall, reaching from the Atlantic to the Pacific and from the Gulf of Mexico to the Great 3 the dis- tributing territory of the United Statés, and that co-operation in this matter our mutual result in T nesd not sav much resasdine the Sutuse et 2| tranchise. e {1y plam s d I i EMPLOYES OF THE PACIFIC' COAST RESENTATI ING DOWN A TOOLHOUSE ERECTED ON A BARGE E OF THE WESTERN PACIFIC RAILROAD. LUMBER AND MILL-COMPANY TEAR- BY PECTED REP- Brief News ‘of" Alameda Cou,n'ty- WILL HOLD REUNION.—Oakland, Feb. 2. Natives of the State of Mainé and their friends will- hold a reunion and soclal at Loring "Hall to-morrow evening. - ROSE'S IDENTITY.—Oakland, Feb.' 2.— John Rose, a grocer at 1521 Third street, is not the John Rose arrested on complaint of :J. F. Rinehart. SKATING RINK IN OLD THEATER.—Ouk- land, Feb. 2—A syndicate hes been organized | in this city for the purpose of converting the | 0ld Dewey Theater into a skating rink. FILE PALACHE WILL.—Oakland, Feb, 2.— ley was filed for probate this afternoon. estate consists of money and stock to the value of 0, which he leaves to his wife and in case she did not survive him to his children. BOARD OF TRADE REORGANIZED.—Oak- | land, Feb, 2.—The Board of Trade of San Leandro has been reorganized by the election ; of the following officers: W. J. Locke, presi- | dent: 1. H. Begler, vice president; H. F. Eber, second vice president; J. N. Frank, secretary; | Charles H. Hale, treasurer. joAlameda, action brought by the regents of the Univer- sity of Califérnia to foreclose a mortgage had lost their right to appeal on.account of lack of dfligence. A year has elapsed since the trial of the case FUNERAL OF LATE G. W. DENNIS JR.— Feb. 2—Californuia ' Council No. 24 of the Young Men's Institute is to conduct the funeral of the late George V. Dennis Jr., which s to be held to-morrow morning at 10 o'clock from St. Joseph's Church. . The pall- bearers. will be W. W. Goggins, B. J. McEliin, F. J. McLaughlin, C. J. Rolfe;, Joseph and Dennis Godfrey, DEATH CALLS CLIFFORD SPROAT.— Haywards, Feb. 2—Clifford Spront, a ploneer employe of the Pacific States Teiephone Com- pany. aged 55 years, died suddenly 'vesterday at his home i Castro Valley from pneumonia and heart faflure. He leaves a widow and ome Krieg | daughter, Mrs. J. J. Stanton. The funeral will be held Saturday af 10 8. m. NURSE SUC MBS TO DISEASE.—Oak- land, Feb. 2.—Mrs, Cecelia -Kelly, aged 66 years, camie from Sfockton three weeks ago to nurse her sister, Mrs, James McGuire, of 998 ENGINEERS HOLD SMOKER.—Oakland, | past Twenty-second street, who w: T -sec 4 as ill, and Feb. 2.—The members of Local No. 67, Inter- | jaat night Mrs. Kelly herself dled. She con national Union of Steam Bngineers, held l-‘:muea pneumoniawhile nursing her sister. emoker last night at Callfornia Hall. T.-J.} The body will be taken back to Stockton for Roberts acted as_toastmaster and an address was made by J. W. Gentry, the newly elected | president of the union. % WEBB CASE GOES OVER.—Oakland, Feb. 2 —The arguments on motion for a new trial | in the case of A, C. Webb Jr. of Alameda, convicted of having assaulted Florence Cook, a ear-old_girl, went over for a week to-day owing to the illness of Attorney A. F. St Bure, one of Webb's counsel. DECLINES SCHOOL PRINCIPALSHIP.— Alameda, Feb, 2.—L. B. Armstrong ot Nevada City, who was elected by the Board of Educa- tion Tuesday night to succeed C. J. Dufour, principal of the Wilson Grammar School, has written Superintendent Fred T. Morre of the schopl department declining the position. SIGNS TBLEPHONE ORDINANCE.—Osk- Mayor F. K. Mott to-day ap- ordinence Jflntln‘ a_ tranchise ‘ompany of Alameda County for & compists system in this olot“ He also approved the appropriation of $10, for a fire engine house on Magnolla street. DETECTIVE'S BAIL FORFEITED.—Oak- land, Feb, 2.—When P, J. Curtin, who was arrested for dlsturbing the peace of J, Wright, a striker at the: Boole shipyards appeared in the Pollcs Court this morn! he was without an attorney, and when he demanded & con- tinuance and was rebuked by Judge Samuels he left the courtroom. Where udge Sam- uels ordered his $25 ball forfeited. % LOSE RIGHT TQ APPEAL_Oakland, Feb, 2 —Judge W. H. Weste decided to-day that W. A Knowles and other defendants in an old —_— 4 commerce on San Franclaco Bay. Californis is situated on the great ocean of the world, on ‘the shores of which are myriads of people who are now embracing Christian_civilization and the development and benefits that go with it W are upon the ;fhr{thom ot the widest tost - grow! rade o e over "heen known: About San Fran- cisco Bay are to grow up imperial citles which Will be the centars of the bulk of this trade 50 far as 'our country is concerned. d has before it opportunities and possibilities in connection With ocean commerce and manu- facturing of which there has been but little conception in the oast. ‘Another raliroad ls undowbtedly a necessity and will prove of Ereat benefit to the com- munity in general, and we are quits anxious 1o proceed with as few obstacles am possible. Your assistance in these matters is of the greatest importance. 5 Excellent headway 1s being made with the construction of the Western Pacific roadbed east of Altamont. Onel steam shovel is operating and another machine will be started next week. The Town Trustees of Livermore "“l meet Monday night to consider the Western Pacific’s application for al The indro Town Trustees have temporarily withheld ac- | tion on the Western Pacific's franchise application on account of the route se- lected running through lands set aside ! exclusively for park purposes and a bellef that Martinez street is too nar- row. Estudillo street will probably be substituted. J. T. Willlams, resident engineer of the Western Pacific, has notified the City Council that if it Is decided to re- duce the sidewalk widths on Third -tr:t. through which tracks are being lald, the expense will be company. borne by the | burlal. -Mrs. Kelly was a widow. DRUNKEN BURGLARS CAUGHT.—Hay- wards, Feb. 2—Soren Bush and Henry Lewis, tramps, broke into Willlam Woenne's store at Mount ‘Eden last night and stole a large quan- tity of merchandise, including a lot of whisky, from drinking which they both became intoxi- cated. Helplessly drunk the pair with their plunder were arrested near the village to-day. WANTS STOCK RETURNED.—Oakland, Feb. 2.—Charging that through false repre— sentations Nathan Rosenberg got him to sign over to him $24.876 worth of stock of the Berkeley Rock Company, J. T. Coohran brought sult to-day against Rosenberg, James B. Crane and Lin 8, Church to prevent them from dls- ing of ‘the stock and for the return of it X ’ WOULD FORBCLOSE OLD MORTGAGE. Oakiand, e, 2 —Lotion to foreclose & mort- ced In was heard to-day b; Elltavetn Moors agatnst Hattle R. ‘Chamber. lain. The interest has been paid all th years, but the defendant how claims that the mm'lglfl outlawed. The of whether the payment of the Interest has kept the debt alive is now puzzling the céurt. WOULD ANNEX CLAREMONT.—Berkel Feb. £.—The directors of the Chamber of Com. merce last night appointed & committee, con- sisting of Directors Bradhoff and Irwin, wfi‘n ‘Wyckoff, to take necessary st for the annexation of the Claremont District to Berkeley. A petition for an election will be ciroulated and presented to the Trustees, who bhave declared themselves In favor of the project. MOTHER FINDS EON DEAD.—Alam; Feb, 2.—Robert W. Brower, son of the ‘:a Willlam Brower, was found dead in bed this mgorning by his mother when she entered his room to call him. Death was due to.heart disease, from which Brower had suffered for Opinion That Ordinance Is Not Constitutional i Sale {SPEED LIMIT IS VOID Discharges Ex-Councilman Who Drove His Machine | Faster Than Eight Miles e OAKLAND. Feb. 2—Chauffeurs, ma- houts, or whcever else desire to speed through ‘the streets of Oakland in an automobile faster than eight -miles an hour may do se now with-impunity, un- less the higher courts reverse the opinion of Police Judge Samuels of Oakland, who this morning decided that the local ordi- nance restricting speed was unconstitu- i tional in that it was in conflict with the general law passed by the State Legis- lature last year. s It was In the case of Walter G. Manuel, former City Coupcilman. candidate for Mayor and member of the advisory board of the Municipal League, a reform or- ganization, that Judge Samuels gave his opinion. 3 i _Manuel was out for a run with Superior Judge Ogden and their wives in an auto- mobile that had just arrived from the East. They overtook a.policeman who was no respecter of persons and’ the { former Councilman was placed under &ar- Test. Manuel declared - that he. had never kriowingly violated a law and did not wish to vlead guilty, but he also did not wish to force his wife and Judge and ‘Mrs. Ogder into court to testify. His solution of thie problem,was an attack upon the legality of the ordinance, and ‘| he won. In dismissing. the case, the police mag- ‘istrate said: Acoording to section 11 of articls XI of the constitution of the State, municipal ordi- nances shall be enacted In accordance with the general laws of the State. In this in- *| stance the general lJaw provides that the great. n hout within The ordi- eight miles en hour. The general in - this case and renders vold the ordinance, which is not in harmony with the State law. GOES O FICHT est speed be ten miles the iimite ‘BERKELEY, Feb. 2.—Proféssor Ralph E. Smith, plant -pathologist of the Uni- ‘versity of-California, left Jast night for ‘| Sacramento to superintend the work be- | gun by five experts from the Department of Agriculture at Washington in an’ or- {ganized, determined effort to stamp out the -pgéar blight, & dread disease in Cali- fornia, 3 E R T Very quietly have preparations been ‘made for this campaign, without trum- peting of horns or brass band -accompani- ‘ments. According to Professor worth, ‘the famious entomologist ef the University of California, the blight is cer- tain to prove the ruin of pear growing very soon unless success attends the pres- ent campaign. ? & o Professor Woodworth points eut that the pear-raising fndustry, with its: rami- fications, constitutes the second miost im- portant fruit industry-of the State, rank- ing ‘second only to the ‘orange business. Professor’ Ralph E. Smith is recognized as an authority ‘on the pear blight, hav- ing written exhaustively upon_ the- subject and devoted years to jts study. 2 Professor Woodworth sald to-day:. The pear blight rulned the pear growing in: dustry in the San Joaquin Valley. It once flourished there.. Now a last stand Is being Valley. The Legislature appropriated $20,000 for vae in work on viticulture, pear blight and fessor Smith, with these men from Washing- ton, to make a proper fght agaipst the pear ramento Valley now terests ot the valley as ‘in @ similar way to the bacilil that causes tuberculosis, It is carried by bees, who feed part of the tree, and carry the Infection to blassoms In sound trees. There is but one The cutting must be radical. Because it was not. done In this manner i the San Joaquin made against the blight in the Sacramento walnut diseases. ‘This money will enable Pro- biight. There are orchards in . The pear blight is a plant bacterlum. work- upon a sweet gum that exudes from an affected ‘romedy, the cutting out or all affected parte. Valley the pear growing industry was ruined. . The Washington experts with Professor Smith are instructing the orchardists regarding the manner and extent of the cutting required. They are going from orchard to orchard, giving such instruction. WATER FIGHT GETS - INTO COURT AGAIN OAKLAND, Feb. 2.—Suit was brought to-day at’ Martinez by the Contra Costa Water Company against A. M. Souza, the Syndicate Water Company, Wickham Havens, F. C. Havens, F. M. Smith, the Realty Syndicate and fictitious defend- ants to have a deed set aside which Souza made to Wickham Havens of sixty acres of land In.the Clancy ranch and covering a portion of the reservoir and all the dam site the new company has selected on the San Pablo Creek. It is asserted by the Contra Costa Water Company that Souza has con- veyed this sixty acres, which is two- ninths of the Clancy ranch, unlawfully. The old company avers that the Clancy ranch, in which it owns a seven-ninths interest, has never been partitioned, and that Souza has gone outside of his rights six years. Deccased was 31 years of and a_member of Oak Grove Lodge No. 215, F. and A. M, and of Carita Chapter, Ordes of the Fastern' Star. WOULD WIDEN BROADWAY.—Oakland, Feb. 2.—The Street Committee of the City Councll has favorably recommended the peti- | tween to open | gjon of the Clancy ranch, as at this point Uon of ffty-three property-owners and widen Broadway, north of Fourteer eet, to conform to the width of the stre south of that thoroughfare, which Is 110 feet. The Improvement will mean of twenty feet of the Playter and buildings on the west side of the street. INVALID DIES SUDDENLY.—Oakland, Feb. 2.—Orrin K. Doane, engineer ot the tug- boat Rival, died suddenly this morning at his home, 130" Seventh streat. He sufferer from cancer of the throat and this morning his wife found him unconscious on the floor of their . Before Dr. Bell, who was ly summoned, . _He was a native of ‘was_ 65 years old. LD DRINKS POISON. and, Catherine, ine. oo Pt Feb, 2 Charles Babcock of 862 street, drank the contents of a small bot of carbolic acld Hospital in an ous condition. pt gelict, It 1n bellcved, has saved the childs Tife. father died a ago and Mrs. Babcock bas just recovered pendicitis. The chil George Babcock of and in deeding an undivided portion to Havens, It Is sald that Havens has T | transferred title to the Syndicate Water Company. This suit is In line with the fight be- the two companies to get posses- is the only avallable reservoir and dam site on Ban Pablo Creek. In the mass of the condemnation | litigation the Clancy ranch is the ob- Pardee | jective point. ———————— HALF HOUR OF MUSIC. BERKELEY, Feb. 2.—The programme “had been a | for the half hour of music at the Greek Theater for Bunday afternoon at 4 o'clock will be given by the vested arrived, the man was | choir of Trinity Church, San Francisco, Connecticut under the direction of Louis H. Eaton. The soloists will be Miss Millie Flynn, Miss Elsie Arden and Charles Trow- bridge. %ol 3 pradirts R MR :S CONSIDER FRANCHISES.— Alameda, Feb, 2.—F. M. Greenwood, e iway franchise through Alamode wiis Oliver and S. W. Fergusson, ap- g e B by B e AT : o his application without further W H. H. Hart nad Craigle pondbecy ‘Wood-" | been eteadily making friends ii tront Thi BEHIND HALE teo to Oppose Petition for Franchise for Electric Line SCENT SECRET PURPOSE Archbishop Riordan, James Flood, Joseph A. Donohoe and Others Retain Lawyer Special Dispatch to The Call. MENLO PARK, Feb. 2.—When the ap- plication of the Hale interests for & franchise for an electric rallroad on the Middlefield road, from the Santa Clara ! County line to Redwood City and thence on to San Carlos, is heard by the Board of Supervisors on February 5, opposi: tion of a most persistent and. influential character will be made. Some of the largest property owners here, among them Archbishop Riordan, James L Flood and Joseph A. Donohoe, are em- phatically against the gmant of such a franchise, and Garret McEnerny - will represent ‘them in their protest to the board. . ¢ It is generally believed here that the Southern Pacific Company ‘is behind Hale in the electric rallroad- scheme and that the purpose of the promoters is not to. bulld a new railroad, but to'prevent any one else from doing so. Archbishop Rior- dan, James L. Flood, Timothy Hopkins and Joseph A. Donohoe own both sides of the Middlefleld road, trom Palo Alto to Menlo Park. They contend that the road is too narrow for a rallway and should be reserved = exclusively for vehicles. . : 5 ‘It will. be very easy, it is claimed, for raflroad- promoters to obtain a private right-of-way adequate to thelr purposes and every effort will be made to force them to do so. The Hanchett-Martin in- terests will'also ask for a franchise; but over a privaté right-of-way. The peo- ple here are practically unanimous in seeking the electric railroad, but they positively Insist that they will not saeri- fice either the County road or the Mid- dlefield road to obtajn.it. . PLAYER FOLK FALL BEFORE CUPID’'S DART ' BY ZOE GREEN RADCLIFFE. OAKLAND, Feb. 2.—In"the world of make- believe behind the footlights all the love-mak- ng ‘that goes on.ls. not Pretense, for Cupid is véry tmpartial in’ the distribution of his dead- ly darts’ and’ even player-folk are mot nvul- nerabls. Jameg—or® as he -ls more fami- larly and affectionately known—Jimmie Glea- son, has succumbed, head, heart and heeis to the winning ways and precly face of Miss Lucllle Webster, who before she got the act- ing bee In her bonny head was quite a favor- ‘te in -local society. She s the niecg of Ed- ward Reardsley, manager of - the Goldberg- Bowen store here, while “Jimmie” ‘Gleason Is the only son of those picneers of the stage. -Willlam and Mina Gleason. . During the Span- ish-American waf he was one of the first to enlist, although he 18 even now little more than a'boy. He is a tremendoua favorite and since his debut.in theatricals, not long agd, he has wedding day has not beer sat, but If “Jimmie' has his way ft will not be far off. - . At the -home of Miss Harriet L. Davis this evening -announcement ‘was made of another engagement that has long been suspected, that of Miss Marion Horton and Artiiur. MacDongid, business manager of a° San Franc! . The interesting news was'Jisclossd at card party in_a pretty fashion.. It was not ¢ill the games had been played ‘and: the guests were seated at the subper- table thai ‘secret came out. At each place fhe fa- vors were tiny trunks, which on being. opened revealed two cards tled together with pink ribbons and resting ‘on & bed of .violets. On the cards were the names of Miss Horton aud Mr. MacDonald. Foy The table decorations were unusually love- 1y, smilax and viclets forming a delicate tracery between the pink-shaded candelabra. while over head was a canopy -of tiny heafts and pink ribbon. The place cards aiso- were hearts. The effect was utitul. R Miss Horton is the eldest daughter of ‘A. E. Horton, a San Francisco real estate man who' makes his home here, and is one of three come- Iy sisters who are prominent in church and. soclal cireles. The wedding will probably take lace {n the early summer. P eides Miss Horton and Mr. MacDonald, Miss Davis' other guests this evening were: Misses Helene Burrell, Hazel Horton, Alma Cahill, Carrle Butterfleld, Jessie Spangler, Mr. and Mrs. J. A. Peters, Mr. and Mrs. Milenz. Mrs. MacDonald and Clay M. Burrell, Fred Butterfleld; M. B. Jaines R._de Witt 'Hart ‘Wood. Rol ‘Forgle, Waiter Rolf and Dr. R. 3. Ncholls V¢ 'San Francisco. 3 FREEHOLDERS WILL ' DO CHARTER WORK ALAMEDA, Feb. 2.—Preparations are being made by the fifteen freeholders elected last Saturday for the purpose of framing a new charter to begin work, and a meeting is to be held Saturday night to informally discuss a of action. The freeholders will not full- fledged until they receive their cates of election. They will have ni days in which to devise a new organic law for the municipality, which shall be sub- mitted to the electors of the city for adoption or rejection. Ex-Senator and City Attorney B. K. Taylor will probably be chosen chairman of the board. Improvement clubs and the public are to be invited to lend the free- holders every assistarce in their labdors. There has already been inaugurated a movement to have g clause In the new charter limiting the number of saloons in the city and providing for a minimum U- cense and local option. FABIOLA DIRECTORS MEET. OAKLAND, [eb. 2.—The reports of officers of the Fabiola Hospital Associ: tion, which were submitted to the mem bers and directors to-day at the twe: ty-ninth nual meeting, held at the hospital, 'w the organization to be in a flourishing condition. The report of the secretary, Mrs. Q. A. Chase, who to-day celebrated’ the silver annive: sary of her first election to the office she now holds, showed that $81,44228 had been received during the last year and that there is now a balance of $774 on hand. The receipts of the emer- genoy amounted to $32,948 87, and of this amount $5845619 still remains In the hands of the treasurer. The graduates of che hospital school of nursing now number 150, all of whom are engaged, and there are now fifty-one students in tfalning at the in- stitution. & the last year an an- nex to the Home, containing twenty-eight rooms, has been erected, and an additional piece of property ad- Jjoining that now occupied by the hos- pital has been purchased for $1000. In the last twelve months 1069 patlents have been admitted to the hospital and UNTIES ABOUT THE BAY SHYS ALTO LAW [FEAR RALRGAD [MUZZLE PRESS ™ 5 HOT LEGAL Police Judge Samuels Gives|Property Owners of San Ma-|Stanford Writers Who Criti- AT UNIVERSITY cise Plans of the Faculty Haled Before Committee ONE MAN "APOLOGIZES —_— Gets in Trouble for Referring to “Spy System” and Call- \ing Monitors “Spotters” —_— STANFORD UNIVERSITY, Feb &1— The journalists of the Stanford University who have been criticising the action of the facilty in appointing monitors to take charge of Encina Hall, the men’s dormi- tory, have besn summoned before .the students’ affairy committee. M. Oppen- helm, ‘the editor of the Chaparral. which alluded to the new system as the 'spy system” and called the monitors ‘“‘spotters,” was obliged to retract cer~ tain declarations. Ben 8. Allen, "08, the editor-in-chiet of the Dally Palo Alto, alluded to the men employed to serve as proctors as “unfair” representatives of the residents of the dormitory. When gummoned -befors Pro- fessor R.. L. Green of the students’ af- falrs committes, Allen was questioned in regard to the powers he bellaved the uni- versity publication had- a right to as- sume. Allen declared the publication commanded the same right that any met- ropolitan paper has to criticise “actio of students and faculty as long as the attacks are falrly taken and not vicious. He was charged with being bent on de- liberately making the position of prootor unpopular and thus thwarting fhe plan of governing the “Hall” as proposed by the faculty. -The student editor declared the intention of the®writer of the article in qyestion was to clearly explain to the students at large what the position of proctor was understood to mean. Oppenheim, editor - of 'the Chaparral, was given the opportunity to make cer- tain retractions or be expelled from the untversity. His retraction-is as follows: Editor Daily Palo Altor. The sditor of the aparral has beer advised that certain &r- ticles and editorfals in the last iste of the Daper are of a character to give offense to certain members of the faculty and the stu- dent body. The editor is forced to admit that this is true. The Chaparral fs a josh paper and its aim is to josh—and not to insult. Since the_ editor s solely and ultimately responsibls for all the matter in the paper, he feels it devolves upon him to offer reparation. If he bad thought for an imstant that these articles were written with a malfcious motive and not in pure fun he would certalnly not have pub = lishel vhem. All that he can say is that sincerely regrets it. As to the aditorial the proctors the editor wishes fo state that ha has recelved information which places t i an entirely different lght. He has discevered that these students appointed as proctors by the president the positions for a nominal remw heir chfef pur- pose In view being to maintain good order by their influence as good fellows. ?( was A most unfortunate affalr and the editor, here deavors. to atone for his wrong attind M. OPPENHEIM, ‘06 SAYS AGED HUSBAND IS NOT INCOMPETENT OAKLAND, Fel 2—The question of ‘whether Andrew Frank, a well-to-do res dent of this city, 18 incompetent and needs & guardian, or is a shrewd actor and should be punished for imposing on the courts, s a matter that has been passed up to Judge T. W. Harris for decision Mrs, Katherina Frank, in an afidavit filed to-day, alleges that her aged spouse is the shrewdest of them aill, and has had his friend. M. C. Petersen, institute pro~ ceedings to have him deelared imcompe- tent in order to evade punishment for swearing to & false afidavit in San Fran- cisco. Frank’s friends claim that Mrs. Frank, who wedded the old man about a year ago, is scheming to get his money. Pro- ceedings had been instituted to have him declared. incompetent a year ago when Frank suddenly married. This terminated ‘the efforts of Frank's friends for the time. - Shortly afterward the wife left her husband, apd through a sult in San Fran. cisco was awarded $50 a month alimony Her marriage to Frank in the first plac dccording to his friends, was only a part of 4 scheme, and it:is claimed if he is left alone she will end by getting all that he has. - He owns property valued at about $25.000, The guardianship proceedings .came up for hearing this afterncon, but the at- torneys in the case spent the time in arguing whether the wife had & right to interpose an’ objection’ to the procead- ings. Judge Harris ruled she -had not She, however, tan give her testimony and tell what she knows about the case: The hearing was then . contigued until next Friday. ] |TTALTAN MINISTRY . . TENDERS RESIGNATION ROME, Feb. 3—Promier Fortls, whose Ministry was defeated In the Chamber of Deputies yesterday over the official stats- ment of its ime, announced in the Chamber of Deputiés to-day that-the Ministry had tendered its resignation to King Victor Emmanuel, who had asked for time to' consider the matter. ————— THOMAS KELLY IS KILLED __IN A BUGGY ACCIDENT St Thomas Kelly, stableman, was fatally’ injured In a strange buggy accident yes- terday. Kelly’s rig was moving rapidly . - down Fulton.street, near Steiner, yes- | terday afternoon. When Policeman J.. M. . McGee succeeded In stopping the horses’ it was found that Kelly's head had been crushed in on the left side; and he lay on the floor of the vehicle, senseless. - It was afterward learnéd that the buggy: Had collided with a Devisadero-street car: . When Kelly was removed from the buggy he was rushed- to the Central Emergency Hospital. On first examina- tion Dr. Pinkham declared that he copld- not live through the night. He passed: - away at an early hour this morning, without recovering consciousness. SICK HEADACHE these Little Pills. -