davidaulloa/AmericanStories huggingface dataset:
The morning call., 1892-03-19
PRIVATE CONTRACTS.
An Important Ruling on street Work
Rendered by Judge CARRIER.

= III Important huIlng on street NOrk
Rendered by Judge CARRIER.
Judge CARRIER after sustaining the de-
murrer gave judgment for the defendants in
the application Of J. NJ. Phillips for a writ
of mandamus to compel the Supervisors aud
Superintendent OF Streets to grant him per-
mission to pave with basalt blocks Rose
avenue. between Cough and Octayia streets,
under a property-owners' contract An
allegation of the petition in behalf of the
property was the following:
That by doing the work under their own con-
tract large amount of money viii be Saye1 10
said property-owners; and large amount Of
be saved TO said property owners ana extended
on said street, instead OF being paid TO some
newspaper Without any benefit 10 the property
owners or TO said street.
The petitioner relied for relief upon a
portion Of section 7 of the street law, as
follows: 1T shall be lawful for the owner
or owners of lots or lands fronting on any
street to perform at their own eX-
peDse after obtaining permission from the
Council so TO do, but before said Council
has passed its resolution of intention to
order grading inclusive of this any
grading, etc, contending that this lam
guage is mandatory and that the Super
visOrS have no discretion in the case, but
must grant the privilege requested and
allow The work to be doue under the con-
tract.
=" 1t would be enough to say" declared
Judge CARRIER, ''that this construction is
erroneous and that the question was one Of
discretion Tor the Defendants and under
the rule that the extraordinary remedy of
mandate cannot be employed to compel the
exercise of this discretion in a particular
way the demurrer would be sustained, but
there were also other considerations upon
which the ruling was based"
Reading the law under which the writ is
demanded 1t appeared to him that the au-
thority relates to grading the street before
the inception of proceedings regularly had
for that purpose and to no other class or
character of street work, Willie the contract
calls for paving and the laying Of curbs
only, which Is not any part of the grading
OF street.
81 do not decide in this ease because it is
not necessary TO decide the question that
the defendants could, If they saw fit, au-
th0riZe the owners Of land fronting on a
street TO do such work as they described in
the contract under proper supervision"
The morning call., 1892-03-19
HEGLECTFUL AND EXPENSIVE.
James III. Cain Accused of Wasting His
RrothPr'H Esfate.


Brothers Estate.
Michael ". and John Cain have COM
planned 10 Judge COfTey of the neglectful,
wasteful and expensive administration by
their brother, James H., of the estate of a
fourth brother, Peter p, who WAS we'll
known commission merchant. They have
therefore, asked for his summary removal,
and the matter will be cons idered on the
28th.
Peter held 40 shares in the Cain Fruit and
Nursery Company, appraised at $1,000, but
having now no market value. James is
president Of this corporation, and his Broth
ers say that he has diverted 5000 of the
money OF the estate TO recOup the failing
partners of the company. They make the
accusation that he sold for $1,000 property at
the southwest corner of Point L9bos and
West Twenty-eighth avenues and need
lessiy expended shortly before S274 for i'm
pr0yements.
He has, they say, made no effort TO sell
the ODe-balf interest in the commission
house valued at $1,000, but has actually
diverted its business TO his own establish
ment, nor has he made any attempt to COL
lect $1,000 note from j. +. Lamb, but for
which neglectful acts there would have been
no need 20 sell the real estate. A last charge
Is the one that a buggy of the estate was
sold TO himself for the nominal sum of $40.
The morning call., 1892-03-19
TRACK AND TRAIN.

Southern Pacific Trsinmen VIII Soon
Ask for an Increase in Wages.
Within twenty days the Southern Pacific
Company will have another grievance COM
mittee on its hands from the trainmen.
Daily conferences are now being held in
Oakland between members of the Order or
Railway Conductors and the Order of Rail-
way Trainmen for the purpose OF formu-
latiDg a new wage schedule. When this is
completed it will be presented to the COM
pany. and, II satisfaction is not obtained,
the matter will go before the general griev-
anee committee or the orders interested in
the move. The complaints seem TO be gen.
eral in the matter of pay for ''deadhead'
service, ard on the Visalia division the men
are very bitter on the mileage question.
Last spring the division headquarters were
removed from Tulare 20 Fresno, increasing
the run about fOrty-tive miles. The men
asked for extra pay for this increased mile
age, and were promptly refused. A conn.,
mittee from the engineers sent petition 10
Fourth and Townsend streets. but still the
officials would not yield. Finally the mat
ter went before the general grievance com-
mittee Of the brotherhood, ard the menl-
bers were orde to assemble in this city.
After ten days of determined effort re-
yiSed schedule was adopted, in which the
company agreed 10 pay for the extra mile
the compact, though making the same NUM-
Der of miles per day as the engineers, and
they now propose to follow in the footsteps
OF their brother employees.
The subject of pay for 'deadhead' SER
vice has been source OF complaint for
number of years on the Southern Pacific.
Nearly all Eastern roads allow half-time
for this service, and The Union Pacific was
brought into line about two years ago. A
man who is sent out OH the road as pas
senger, to work back. is said to be dead
heading" The traiumen claim that they
should get money for time consumed IN
going to their work, while the company is
only willing To pay one way.
Superintendent A. ID. Wilder of the West
ern division has recently issued the follow
ing order TO trainmen:
Hereafter, when trains moving In an opposite
direction are appi Oacblng each other on sepa-
rate lines. conductors aud engineers will be re-
. quiTed 10 bring their respective trains 10 dead
halt before the point OF meeting. ana be very
careful not 10 proceed until each train has passed
tile other.
General Agent NJ. NJ. Stern of the Cana
dian Pacific yesterday received a telegram
from Traffic Manager Kerr saying that the
strike would not delay traffic either east or
west bound
The morning call., 1892-03-19
TEE SITUATION IN SAMOA.
Disagreement Between the Justice and
the Land Commissioners.

Disagreement Between the Justice and
the Land commissioners.
APIA, Samoa. March 3.-Serious disagree
ment has taken place between the Chief
Justice and the Land Commissioners. The
Land Commissioners claim right to decide
finally all land claims that they may unani-
mousy sustain, leaving the Chief Justice
only the formal right of certifying them.
The latter claims he is the only authority
on the subject and can reopen ali cases.
The scale OF charges adopted by the Chief
Justice in registering titles. etc, is very
heavy, the cost being at least So These
fees all 20 TO clerks in the Supreme Court
and in tae aggregate will constitute a very
large sum. Over $4,000 on claims has been
already fled for adjudication. Rates for
copying are also large. A good writer can
earn S400 per month at them by working
eight hours day
Affairs In Samoa are In q bad condition.
and the whites are getting the worst OF it.
Their taxes are all paid, while the natives
are two years in arrears. The roads are q
wilderness, and the natives are hopelessly
in debt TO foreigners. Numbers of burg
larles have taken place lately and none of
the burglars have been captured.
The morning call., 1892-03-19
There win be no assessment for March in the
Young Mems Institute and Young Ladies' Institute.

& petition for a charter for a new lodge
OF the K. of p, to be located at Arise, Tu-
larp County, has been received at the Grand
Lodge office, in this city. II will probably
be instituted next week by Stanton L. Car
ter, q. G. c.
George Fl. Buck, \. G. A. Of the U. a. O..
D., will officially visit Santa Rosa Grove No.
a on Monday, the 18th inst. and William
Tel Grove No. II, Napa City, Saturday. the
9.h DroX.
Valley Lodge No. 80, A. 0. U. W.. will
give "stag" party in its lodg Groom on
Wednesday evening, the 30th inst
4 division Of the Uniform Rank, b. OF
p, is being organized at Fresno, as also one
a. Bakersfield.
3 petition for charter for a new circle,
L. A. O. D., at Modesto, has been received
from NJ. 1. Sorenson. G. NJ, at headquar-
tiers 10 this city.
On Wednesday evening last Seminole
Haymakers' Association, /. D.. r. NJ, con-
feTred the degree upon several applicants,
L. c. Berlin. G. S, presiding.
Excelsior Degree Lodge No 2 l. 0. o. F.,
ut its meeting this evening will confer the
degrees OF BrOtherly Love and Truth on a
number Of candidates.
Tie officers Of the First Regiment Uni
form Rank, K. of p, in full uniform. at.
tended the performance of damon and
Pythias" by Knight Frederick Warde at the
California Iheater last evening.
The committee on entertainment to the
Grand Grove, u. a. 0. D., met last Satur-
Il y evening. 1t WAS decided to have the
ater PARTY on the first night Of the session
and bali at Odd Fellows hail Oh the sec
oud night.
Sotoycme Tribe No. u, I. o. r. NJ, con-
ferrcd the Hunters and Warriors degree
on several candidates at its meeting last
/ uraday evening.
San Justo Lodge No. 49, K. OF P. Hollis
u p
day evening, 2Sth INST, when addresses will
be delivered by ". c. Graves, g. V. G., and
7. }. Crowley, p. G. G.
Perseverance, Lodge No. TO- U. A. o. D.,
was visited by the \. q. A. last Tuesday
evening. Delegates were present from the
fol.9wn!g groves: Celtic No. a. South San
Francisco; Hesperian No. 10 and Calico
NJ. 81 Tie fourth degree concluded the
evening, exercises.
Section No. 1915. Endowment Rank, K. of
r, was Instituted last evening with forty
char;er members by II. Schaffner, G. K. Of
Il. and ). The organizer of the section, A.
W"Scl, as elected secretary.
he egeneTal eommittee on "Tammany
day" # tie /. O. K. NJ. has elected Henry
A. Chase r: }. l.. Bowen, V. p; q. l..
MerEuiTe, s., and Joseph Hagan. T.
California Lodge No. 1. +. and A. NJ.
Will hold an entertainment in the temple,
Tor tie families and friends of its members,
ia the GEAR future.
Paramount No. loS and Bay City No. liz.
lodges OF the k. of z. of this city, will have
debate In the meeting hall of the latter
next Wednesday evening.
Fred Brandt, q. 8, and other great chiefs
Of the |. q. X. NJ, will make All official visit
u Samoset Tribe No. %, Vallejo. next Mon
cay eyening.
Unity Encampment No %. l. 0. O. F..
celebrates its twenty-sixIh anniversary next
Tuesday evening.
Joseph w Maher, G. c. of Il. OF the l. o.
r. NJ. is visiting Los Angeles in the inter-
EST of Tie order.
The morning call., 1892-03-19
HAWAIIAN AFFAIRS.
Business In Honolulu Continues Very
Duts.

Business In Honolulu Continues Very
There is no change In condition of note in
the status OF affairs In Honolulu, business
still continuing very dull and money very
tight. Capitalists are taking o doubtful
view of the prospects Of the immediate
future.
The United States Naval Battalion, con-
sistiDg of about 4o0 men, officers, sailors
and marines, and which included two COM
panies of marines. two companies of sailors
aud four companies Of artillery, landed
here from the war vessels San Francisco
and Pensacola on the morning OF the 9Th
and went through dress parade and re-
view in Palace square before her Majesty
Queen Liliuokalani
James Gay, one OF the defeated mobiles Of
the Liberal party, was arrested for falling
to make a return according to law of his
election expenses. His defense, that he
had no expenses and therefore had no re-
turn to make, availed Linn nanght. The
Police Justice fined him 500. There are
about thirty more candidates in the same
trouble
The steamer Zambezi arrived on the Sth
thirteen days from Yokohama. She brought
about $50 tons of freight and sixty-two Jap
anese passengers. The steamer sailed at
midnight on the Sth for Portland, Oregon.
The whaling bark California was In port
Tor the purpose Of discharging her oil. The
The morning call., 1892-03-19
GRAND JURY,
Elwood Bruner on tho Rack-AIso the
Solid Nine"

Elwood Bruner tho Rack-AIso the
"Soiid Nine"
The Grand Jury was in session again yes
terday afternoon and spent the time looking
into matters that were so seriously nvesti-
gated by the late Grand Jury. The first
witness called was Elwood Bruner, who
was examined in relation TO the alleged
bride demanded by him of Adolph Ottinger
to squelch some anti-ticket Scalping leglsla-
tion before the last Legislature, and for
which he was indicted by the last Grand
Jury.
Another matter also under Investigation
was the alleged bribery in connection with
the granting of the Metropolitan Railroad
Company'S franchise by the "SOlid Nine"
The witnesses examined were G. +. Mayne,
Robert '. Kennedy and ex-senator George
III. Perry. The latter acted in the capacity
of attorney and agent in lobbying the fran
cbise through the board
The morning call., 1892-03-19
Railroad Bonds in Trust.

Love Maria Whitcomb Willis and Edith
willis Linn Lave filed a complaint asking
that Lucy NJ. futile as executrix of the will
of Adolphus ID. Tuttle of Hancock, " H..
who died in this city on October %, 1891. be
decreed to hold in trust $4,000 of Chesa-
peake and Ohio Railroad bonds under the
will If Adolphus Carter Whitcomb FOR his
cousin, the frst-named plaintiff and for her
daughter, the second named. and to pay
over to them the income semi-annually.
The other defendants are heirs Of Whitcomb
the bonds instead of the widow, Mrs. Tuttle.
Tutlle was bequeathed these bonds by Whit
conn N fruet
The morning call., 1892-03-19
THE LOYAL LEGION.
The California CommaHdery Preparing
TO Celebrate Its Majority.

HE California CommaEdeTy Preparing
TO Celebrate Its Majority.
The California Commandery of the Mill
tary Order of the Loyal Legion will meet
at the Occidental Hotel on Wednesday even
ing, March So The following transfers TO
the commandery have been announced :
Chief Engineer. Joseph TriIley, United
States navy, from Massachusetts, and
Charles Sillimau Gilbert from Minnesota.
The twenty-irst anniversary of the organi-
ZatiOn of the commandery of the State of
California will occur on Tuesday, May 3
next. The board of officers intends to make
such arrangements for the celebration OF
the coming of age" of the commandery as
VIII cause every companion 10 remember it
as a marked day" in its history. The
wives, daughters, sisters, cousins, aunts
and sweetheartS are Lot to be forgotten, and
one day of the celebration will be devoted
To welcoming them
The morning call., 1892-03-19
OCEAN STEAMSHIPS.
PACIFIC MAIL STEAMSHIP GO.
AS A
SPRING MEDICINE.
LOWELL, MASS,
Dec. 3. 1901.

THROUGH LINE TO NEW YORK VIA PANAMA
Steamers will sail at NOON the 5th. Sz,~s
10Th and 18th of each month calling at <s7Sssy
various ports of Mexico and Central America
Through line sailings-SIarch 25th. S. Acapulco;
April 9th, SIS san Jose; April 1oth, SIS. San Juan.
WAY LINE To MEXICAN AND CENTRAL
AMERICAN PORTS AND PANAMA
STEAMER SAILS Az NOON 18TH OF EACH
MONTH. calling at Mazatlan. san Bias, ManzanilIo
Acapulco, Port Angel, Sallua Cruz. Touala san
Eenito. OcOS. Champerico, San Jose de Guatemala
Aeaiuta, La Libertad. La Union. AmspaIa CorI.4to
San Juan del Sur and Punta Arenas
Way line ssfng-March 18th, IS City of Panama
WI II the regular alIng date falls on Sunday,
steamers will be dispatched the preceding Saturday.
JAPAN AND CHINA LINE
FOR YOKOHAMA AND HONG-KO
Connecting at Yokohama with steamers for
Shanghai, aud at Hong Kong for East Indiss.
Straits. ETC.:
City OF Rio de Jane iro. Tuesday, April s. at NJ.
China tvia HONOLULU Thursday April IS, at 3 P N.
City Of Peking Saturday, May II, at NJ
Round-trip tickets 10 Yokohams aud return az re-
duced rates.
FOR Freight or Passage apply at the ONCE corner
First and Brannan streets
Branch Office-202 Front street.
ALEXANDER CENTER. General Agent.
The morning call., 1892-03-19
CONSERVATIVE COWS.
a Horrible State of Things Discovered
by DR.. KeeneY In San Maten.

n State OF Innings discovered
by DIR. Keeney In San Mateo.
DR.. keeney. Health Officer, says there is
dairy in San MateO County. just over the
county line, that is in a most disgraceful
and criminal condition. He visited the
place day or two ago and declares that he
saw not less than twenty cows that ought to
be killed Immediately, they were 80 badly
diseased with tuberculosis. These cows
are MIXED twice a day and their produce
distributed all over San francisco for food
Unfortunately, the doctor explains, the
dairy is not within his jurisdiction and he
can do nothing to remedy the evil except to
seize the milk. This makes il a difficult
task, for it would be wrong to seize milk
unless il Is diseased, and the law provides
no way of discovering whether or not it is
diseased.
The doctor will endeavor, as suggested by
the Board OF Health at the last meeting to
secure the cooperation OF the authorities OF
San Mateo County, and see if war of
determination cannot he successfully waged
against those consumption breeding diaries.
The morning call., 1892-03-19
Sent to San Mateo County.

Judge Hebbard has granted change of
venue to San Mate1 County in the case OF
Mary DrinkhOuse against the Spring Valley
Water Works to have a referee appointed
TO take charge Of her tract of land in the
telizrancho, which the company had flooded
after condemnation proceedings as a reser-
voir site. On appeal the Supreme Court
reversed the judgment In the condemnation
suit, and Mrs. Drinkhouse wants an ac-
counting OF her share Of the profits from
the sale of watar
The morning call., 1892-03-19
The Chimney VIII r.. RIM,

DIR. Washington Aver, Supervisor Of the
Fifth Ward and chairman of the Hospital
Committee. was notified by the Fire Wasdens
yesterday that unless he caused to be con-
structed in the County Hospital certain
chimney necessary TO comply with the fire
ordinance he would be arrested and prose-
cuted as law-breaker The defective
chimney complained CT Is in ward 3. DR..
Aver lost no time taking himself out to the
hospital, and the new chimney is under way
by this fire
The morning call., 1892-03-19

following whalers are cruising off Honolulu:
Northern Light. Horati0. STEAMBOAT, William
Bailey. Alexander, Alice Knowles and Sea
Breeze.
Reports from the Island OF Hawaii, under
date Of the 9th inst, state that no less than
seventeen dead whales have tloated ashore
near Raialoa, and the stencil became SO hoT-
rlble that the natives were compelled to
launch their canoes and tow the caIcasseS
out To lapMard
The morning call., 1892-03-19
Only Shook His Finger.

Byron Waters, one Of the counsel In the
Hale & Norcross case and the man who on
Thursday accused W. T. Baggett before
Judge Hehbard of pettifogging creating
quite scene OF course. now denies that
Baggett shook his fist under his or any ones
nose. He says that at no time we're he and
Baggett nearer than six feet, but what
b tggett did was To shake his fingers
violently In his direction
The morning call., 1892-03-19
PACIFIC COAST STEAMSHIP CO.

DISPATCH STEAMERS FROM SAN eoa
~ Francisco Tor ports in Alaska 4. n 1872
February D. 70. March H. 25, April and May 8, "a
For British Columbia and Puget SounI ports
December ii. 81, January 8. aud every Friday
thereafter.
For Eureka. Humboldt Bay, Wednesdays A. NJ
For Santa Ana. Los Angeles and all way ports every
fourth and firth day, A. NJ
For San Diego, stopping only at Los Angeles Santa
barbara and san Luis 0bispo every fourth and fifth
day II A. NJ.
or PORTS in Mexico January 2sth. and first Of
each month thereafter
Ticket OTnce-Paiace Hotel. New MontgomeryS5
GOoDALL4 PERKINS Il CO, General Agents
If 10 Market st
The morning call., 1892-03-19
of with His wife's Money.

Herbert L. Mitchell, who with Michael
OBrien defrauded several persons with
mythical town lots in Lakeview," has
disappeared with $4,000 belonging to
his wife, who now lives at SOP Stockton
street. Two months ago she went to Eng
land. leaving the money in bank to the
credit of her husband. He has levanted
with the money and all her jewelry as
wall
The morning call., 1892-03-19
Young Fairs Spending Money.

Charles j.. Fair appeared before Judge
Coffey yesterday and asked that in accord
auce with the terms of the will Of his
mother, the vile of the ex-senator. the $500
monthly allowance to his brother, James
g., who died recently. revert and lie pay
able hen eforlh TO him. The application
Was granted, so that Charles monthly
allowance is now $1,000 The other heirs in
the matter were represented by counsel,
who neither consented to nor opposed the
annllcalinn.
The morning call., 1892-03-19
A Losing Venture.

Charles Fecker wants dissolution Of the
copartnership entered into on the 18th ult.
with Jacqnez Schmalz in the Foresters
restaur ant on Fourth street, with capital
of $1,000 equally shared in. On the Sd inst.
SchmalZ sued him for $500 money advanced.
aud attached his interest n the restaurant,
by which conduct, he says, the partnership
was rendered losing venture.
The morning call., 1892-03-19
All Was Left to the Widow.

Nathan Rhine. who died at 17i6 Post
stree. on the 18th ult., left an estate valued at
some $4,000. but located mainly in indie
pendence, Inyo County. BY his will Of the
30tb of March, 1887, all is given to his
widow, making no provision for the chill
dren because believing that their mother In
her loving kindness will amply provide for
than
The morning call., 1892-03-19
Slayers of Policemen.

Two applications for bail will be heard. in
the Superior Court at 10 o'clock to-day. that
OF Samuel Harper, the park policeman, who
Killed Harry de Greayer, will be befare
Judge CARRIER, and the other of NJ. b. Curtis,
who Is accused OF the killing of Policeman
Grant, will be before Judge Trout.
The morning call., 1892-03-19

Property-owners ION Bryant street. be-
tween First and Second, have asked the
Board OF Supervisors to have that thorough
fare graded to the official line 80 that It
may be made open for traffic.
The morning call., 1892-03-19
After Him with a Gun.

James Ellizian was arrested yesterday
for carrying concealed weapon and threats
against life. The complaint against him
was sworn out by Vahsn Lulagan of pa
Minna street The men recently quarreled
In the country about girl, and when Lula
gan heard that Ellizian was after him with
a gun he had him taken into custody.
The morning call., 1892-03-19
Hnsband,s Caleined M.enesia.

-Four first premium medals awarded More agree
able 10 the iaste and smaller dose than other mag
Desa. Fer sale IN bottles only with United States
Government registered label attached without
which is genuine. Al druggists and country
stores.
The morning call., 1892-03-19
FOR PORTLAND g. ASTORIA, OREGON.

THE UNION PACIFIC RAILWAY xesra
Ocean Division-and PACIFIC COAST 1850
STEAMSHIP COMPANY will dispatch from Spe1
street Wharf, at 10 a. for the above ports D
their Al iron steamships viz:
COLU 2, 10, March 2 Ii, IS
STATE or CALIfORNIA-February IL, 20,
March 4. ! z. 80
OREGoN-Februsrv 5, Is, 27. March 10. %.
Connecting via Portland with the Northern PacIl,
Railroad, Oregon Short Line and other dIvergIay
lines for all points in oregon, Washington British
Columbia. Alaska, Idaho Montana, Dakota, Utah.
Wyoming. Yellowstone Park aud ali Points East and
South aud 10 Europe
Fare to Portlaud-Cabin SIC; steeragc So: round
Trip, cabin. $50
Ticket oniees-I Montgomery ST.. and Palace 10
Tel New Montgomery sc.
GOUDALL, PERKINS & co, Supt Ocean Lins
lf 10 Market St. San Francisco
The morning call., 1892-03-19
:Theairica.s and Herre.hmeu,s.

The Haswell, Irvine and Holden Com
pany has been incorporated to give theatri
cal entertainments ard also to buy and sell
refreshments in connection herewith ;
Directors-E- ). Holden. IL. S. Deadly. j. G..
Irvine, james l.. Nage and T. w. Downev.
Capital and subscribed stock. 500, 0cO.
Affections of the bowels 50 prevalent la children
cured By simmons Liver Regulator.
The morning call., 1892-03-19
FRATERNAL INDEX.

Proposed Entertainment to the Grand
Grove, L. \. o. ID.
In order 10 secure insertion al matter IN
tended for this column should be handed in
addressed 70 The "FTaterDai Ed tor" All COM
nUnIcations must bear The name aud address OF
the sender if not, The matter Will not be pub
hshed.l
Oficial Assessment Table.