davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
MILLIONS ARE AT STAKE.
Held to Be a Violation of the
United States Con-
StitutiOn.
PROPERTY RIGHTS INVOLVED.
The Case VIII Be Carried Before
the Highest Tribunal in
the Land.

LOS ANGELES, CAL, July 22.-One
of the most important decisions rendered
in the courts of California was given by
Judge Ross of the United States Circuit
Court this morning. The decision declares
the Wright irrigation act unconstitutional
1t was passed by the Legislature of 1887,
and under it over $50,000,000 worth of
bonds have been issued,
The decision rendered by Judge Ross
was on a demurrer entered in the suit of
Maria King Bradley ct al. VS.. the Fall
brook Irrigation District. The action was
a suit in equity by which it was sought to
have enjoined the execution of a deed for
certain land of the complainant under
sale made by the collector of the irrigation
district to satisfy delinquent assessment
against the property levied under and by
virtue of the provisions of the Wright act.
The announcement that the decision
would be rendered this morning crowded
the courtroom with some of the most
prominent legal lights in California.
Judge Ross occupied over two hours in
reading the decision, which covered thirty
three closely typewriter pages and con-
tanned over 10000 words.
among the clauses of the Wright act is
one which provides for the confirmation of
proceedings by the Superior Court. In
this particular case the Superior Court has
not yet confirmed the proceedings. 1t has
been held by the United States Supreme
Court in reclamation cases that where
there is a confirmation proceeding and
when after the close of these proceedings
the regularity of the proceedings is con-
firmed, then the case is adjudicated and
the constitutionality of the proceedings
cannot be brought up. There are several
cases of this character
Most of the bonds sold under the Wright
irrigation act are in the districts inswhich
the proceedings under the Wright act have
ben confirmed b. the Superior Court.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
LED HIM BY THE EAR,
Society People at a Maine Re-
sort Treated to a Sem
Sation.
Mrs. Goldsmith's Novel Method of
Disciplining Recalcitrant
Husband.

YORK BEACH, Me-, July On. F.
Goldsmith, a wealthy liquor-dealer of Bos-
ton, whose wife expected him Saturday
night to spend Sunday, brought with him
Miss Cowles, music-teacher, and his at
tentions TO her were rewarded by the wife
marching him by the ear around the piazza
of Young's Hotel yesterday in the presence
of several hundred guests.
Some time ago Mrs. Goldsmith discov-
cred her husband with Miss Cowles on
West street, Boston. She applied horse
whip to the young woman and then
marched off with her husband.
Miss Cowles and her mother. a Mrs.
Foote by her second marriage. came here
two weeks ago, and during their visit en-
tertained rich uncle, who now turns out
to have been Mr.. Goldsmith. When Mr..
Goldsmith did not meet his wife at the
hotel, she set out to find him yesterday,
and, when she had succeeded, marched
him by his left ear from the dining-room
of the Ocean House over to Young's Ho-
tel, ami before the guests accused him of
giving Miss Cowles $4,000 house and
other gifts, while she and her children had
been left entirely unprovided for.
After the scene Miss Cowles and her
mother drove away in double carriage
Mr.. Goldsmith joining them on the road,
and Mrs. Goldsmith and a detective
boarded the evening train.
Mr.. Goldsmith is nearly 20 years of age,
his wife about co. and the music-teacher is
not over 80 and handsome.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23

without due process of law and for any
other than lawful purpose. Such oues-
tons are not to be determined by consid-
erations of expediency or hardship. I'm
fortunate as it Will be in the losses that
will result to investors, and desirable as it
undoubtedly is in this section of the coun-
try that irrigation facilities be improved
and extended, it is far more important
that the provisions of that great charter
which is the sheet anchor of safety be in
all things observed and enforced. The
views above expressed render it unneces-
sary to consider til other objections urged
on the part of the compliments
Samuel F. Smith, one of the attorneys
for the defendants. was seen shortly after
the decision was rendered and said:
1--WE will push the case, as an amended
answer will in nowise affect the decision.
There will be but three points to our an
swer: That the petition alleges that there
was no stream of water while in fact there
is enough water nine months in the year
to lrrigate one-half the county; that we
did not include the tracts of land alleged to
belong to the State and the United States,
and that they were not included in the
estimate OF the amount necessary to irri-
gate the land in the district.
This decision will affect the property
rights of alien holders, and it is hard to say
just how far-reaching this decision will be,
or how much damage it will infiict on the
State. 1t will, if upheld. destroy most, if
not all, irrigation districts, and will affect
not less than $4,000, 600 worth of bonds.
The gist OF Judge Ross decision is that
the Wright act is unconstitutional by rea-
son of its provisions being in no way
framed for public purposes, but delegates
to private parties the right to dispossess
others of property without due process of
law, which is contrary to the fourteenth
amendment to the constitution of the
United States.
I'VE have had all the heavy legal talent
of California arrayed against US in this
suit and have had no assistance of any
kind from other irrigation districts. 1t is
OF the utmost Importance to California s
reputation that this act be upheld and we
will fight it through to the bitter end"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
| Reproduced from q photograph.

The Supreme Court has under considera-
ton a case in which the proceedings have
been confirmed and the constitutionality
Of the act challenged.
Attorneys for the irrigation districts say
that if the United States Supreme Court
follows the decision it made IN the Hagan
reclamation case and others 1t will pro-
nounce the confirmation acts of the Supe-
rior Court adjudicated matter that cannot
be opened. This will legalize $40, 100000
or more of the irrigation bonds that have
been issued in which the proceedings have
been confirmed.
However, the decision of Judge Ross in
validates $25, 900 worth of bonds OF ir-
rigation districts in which confirmation
proceedings have not been had.
The main points on which Judge Ross
decided the case were that under the
Wright act the land was taken from prI-
vate owners without due process Of law
and that it was not for public purposes. 1t
was not like taking property for high
way, but was the taking of property for
the benefit of property owners, whether
they be few or many. Closing Judge Ross
stated:
, law IHa1 NoSs ouHiS Vi money nave
peen invested in works constructed under
and IN pursuance Of this legislation and
that bonds running into millions have
been issued and sold Hereunder, and that
many individuals may not otherwise be
able to secure water for the irrigation of
their respective tracts of land, and that the
validity OF the legislation has been several
times sustained by the Supreme Cou rt of
the State, while demanding on the part of
this court great care and caution in the
consideration of the case and casting upon
IL very grave responsibility, cannot JUS
thy 1t IN falling to declare invalid legisIa-
ton which, In its judgment, violates those
principles OF the constitution of the United
States which protect the private property
OF every person against forcible taking
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
CHEAP ORIENTAL LABOR.
Labor Commissioner FitZger-
AIDS Charges Discredited
at Washington.
Government Officials Claim They
Have No Evidence Of a
Conspiracy.

WASHINGTON, D. c.. July o. The
Government officials here have, up to the
present time, no evidence at hand suffi-
cient to justify the belief that the charges
of Labor Commissioner Fitzgerald of Cali
fornia that a conspiracy existed for the
farming out of cheap Oriental labor to
Americans, supplied by agents located in
the Hawaiian Islands, are well founded.
The position of Commissioner Fitzger-
aid, it is said, is also overthrown by the
declarations from Senator Perkins and
other prominent coast politicians that
there was nothing to warrant the impress
sion that such conspiracy existed.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
NOT MAssAcRED By BANNocKS.
Neics Recetred That the Princeton Geo
logical Party Is Safe.

NetCs Recetced That the Princeton Geo.
logical Party rs Safe.
NEWARK, n. j., July 22.-The Prince
ton student geological exploring party has
not been massacred by the Bannock and
Blackfeet Indians. A letter received here
to-day from A. L. P. Dennis, son of the
Rev. DIR. ]. S. Dennis of New York, dated
Dubois, Wyo., July ID, says the party on
that date passed thirty miles to the north
of the scene of war. All of the party are
safe, the letter says, and unless the Govern
ment troops push the Indians on their
trail they will escape.
PHILADELPHIA, Pa, July 22.-Appre-
hension in this city for the safety of the
Princeton student geological exploring
party was dispelled to-day by the receipt
of postal-card this morning from G.. L.
Frederick Pease, a member of the party,
dated Dubois, Wyo., July Ia. The card,
which is addressed TO his parents, says:
'All are well. The mountains are COW
cred with snow and we have to cross
through it. Do1't worry about the Ban
mock Indian troubles. They are seventy
five miles from here, but we are daily leav-
ing them far behind"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
, At THE COMPANIES OFFICE.
james Cross Tells of the Mine and Its
Workings.

james Cross Tells of the Mine and Its
Workings.
James Cross, president of the Hobart
Estate Company, which, with Alvinza
Hayward, is interested in the Utica mine,
said last evening, in the Office OF the COM
pany:
"The latest advice we have is that
stream of water has been brought to bear
on the fire direct, and if It'll not spread too
far the flames will no doubt soon be under
control.
'The Utica mine has been worked for
many years. continued Mr.. Cross, 'sand
at the time of the breaking out of the fire
was most productive enterprise, and had
been for two or three years, tie work being
done in fine bodies of ore. 1t has three
working shafts and runs 120 stamps, which
are kept at work all the time, except when
the mill has to be stopped for necessary
repairs The mine, which is well timbered,
gave employment to an average of AS men
day.
''Of course, we do not know at this time
the extent of the damage done by the fire,
but this we do know, that the water of the
old Union Ditch Company, which belongs
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
FRESNO NOT AFFECTED.
Judge Ross Decision Has No Bearing on
the Sunset Case.

Judge Ross Decision Has No Bearing on
the Sunset Case.
FRESNO, CAL, July 22.-The decision
of Judge Ross. handed down to-day, de-
claring the Wright irrigation law uncon-
stitutional, will not have the effect gener-
ally expected. 1t was thought by many
people interested in the great Sunset dis
trict, the Turlock district and other dis
tricts that all work would have to be sus-
pended. But this will not be so. The de-
cision was in a case entirely distinct from
that which has been in the State and Fed
eral courts SO long.
The case, for decision in which the
directors and contractors of the Sunset
district have been waiting, is now in the
United States Supreme Court. A decision
was expected last May. but it has been de-
ferred until October, and until that time
no work viii be done in the Sunset dis
trict. If the outcome is favorable the con-
struction of the canals will be rapidly
pushed, but otherwise it will be aban-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
MANY ARBITRARY FIXTURES.
1t Took Pricate Property Hithost Due
Process of Tdsc

1t Took Pricate Property Hfthout Due
Process of Lac.
Judge B. F. Lee of Los Angeles, who,
with his wife, is visiting in this City, was
seen att the Baldwin last night in relation
to the decision of Judge Ross declaring the
Wright irrigation act unconstitutional.
He is not connected with the case in ques-
ton and was unable to go into its details,
but believes that the United States Su-
preme Court, should the question reach
that high body, will sustain the Circuit
Court.
1.-THE act" he said, possesses many ar
bitrary features, as it takes private prop
erty without due process of law, and is not
for public purposes. Irrigation districts
were formed. bonds issued and a tax
levied, which in some cases was greater
than the ordinary tax levy. To small land
holders this was oppressive. notwithstand-
ing the common benefit that must and was
intended to come to all. This doubtless
prompted, in a great measure, Judge Ross
decision.
"In many cases condemnation suits were
tried before the Superior Court. as was
provided for in the act, and these settle-
ments will not be affected by the Circuit
Courts action. But in others, where the
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
SWEPT BY A CYCLONE,
Death and Destruction Visited
Upon a New Mexico
Town.
Twenty People Said to Have Been
Crushed to Death Beneath
Falling Buildings.

WHITEWATER, N. MEX, July o.
Couriers arrived here to-day from Silver
City with the startling news that a cyclone
and cloudburst had swept down upon that
place, carrying death and destruction in
it's path. The couriers said they had none
of the particulars of the disaster, except
that the report was that twenty people had
been crushed to death by the collapse of
the Inner House, the largest hotel in the
place, and in other buildings that were
ruined.
The Santa Fe officials declare that their
advices are that no lives were lost, but five
hotels and several buildings were ruined.
They had only meager bulletins, and said
all communication with the ill-fated town
had been cut off by the cloudburst.
All the bridges on the Silver City
division of the Santa Fe road have been
washed out and large sections of track
have been carried away. The greatest
apprehension is felt for the people of Silver
City. 1t is feared many of them have per-
ished. A relief party has started out from
here. It's return is waited with the greatest
anxiety.
Silver City is pretty little city, built in
the canyon at the foot of Mogollon Noun
tain. 1t has about $500 inhabitants. The
water burst forth above the city, and was
preceded by such rumbling that warning
was given in time for great numbers to
escape. No idea can be given at this time
as to the loss of life. but it may have been
greater than at first reported.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
TROOPS IN READINESS.

Ordered to Prepare for Trip to the Jack
sons Hole Country.
OMAHA, NEB., July 22.-The Wyoming
militia have been ordered to hold them
self in readiness to move into the jack
sons Hole country at minutes notice.
The Indians are increasing in numbers
rapidly and general uprising is feared.
LARAMIE, WYo., July 22.-Fred Hesse
Jr., captain of Company A, of the Laramie
National Guards, has received orders to
report to his colonel how many men he
can send to the scene of the Indian trouble,
and to make preparations for journey.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
n GIRLS INFATUATION
Left Her Home to Join q Han Already
VUS,{ed

JEFFERSONvILLE, IND, July o.
This city was startled to-day by the an
nouncement that Ella McCleary, the beau
tiful 16-year-old daughter of Mrs. j. G. Nc
Cleary, had left home and gone to st. Louis
to join Fred Flynn, a married man and
former resident here.
Flynn, several months since. began pay
ing Miss McCleary attention, but her
mother, learning that he was married, or
dered him from the house and accused
him of being married. This he denied, but
left and went TO st. Louis. where he Sc
cured position as conductor on an cleo
tric-car. He kept up clandestine corre-
spondence with the girl and sent her
ticket to st. Louis, urging her to join him.
While her mother was in Louisville visit
ing relatives last week she made her prepa-
rations and left.
1t is said Flynn was forced to marry his
present wife at the point OF pistol.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
LUCK OF a MoRTAR-MIxER.
Fell Heir to q HALF Million Dollar Eng
Lish Estate.

DUBUQUE, Iowa, July %. - Frank
Boswell, young man from Omaha, en-
ployed here for several months past as
mortar-m mixer, has received news that he is
heir to $3.50, 900 from the estate of his aunt
in England.
Roswell left England about six years
ago. Notice that he was wanted to claim
the estate appeared in the newspapers and
friends at Omaha informed him. He also
received letter from the attorney of the
estate, sent in care of the Mayor of Omaha,
to which city he had been traced. Boswell
declines to be interviewed on the matter
until the news is confirmed and mixed
mortar as usual to-day.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23

doned entirely, unless another law is
passed by which the difficulties may be
overcome. Judge NJ K Harris, who is
the attorney for the residents of the Sun
set district who are endeavoring to have
1t disorganized, said to THE CALL repre-
sentative tonight that Judge Ross de-
cision will have no effect The opinion of
Judge Ross may possibly lead to another
fight by those who favor disorganization
If they are defeated in the case now pend
ing in the Supreme Court.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23

to the Utica Company now, and flows be-
tween 1900 and 10000 miners inches, I'M
der strong pressure, has been turned into
the mine for the purpose of flooding it.
This Will stop the fire unless the stream
should give out before the mine is flooded.
At all events, the fire and the flooding will
occasion some delay before operations can
be resumed; how long cannot be told until
the water is pumped out"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
HIS SANITY IN QUESTION.
Charles Soaring Examined In a Brook
iyn Court.


NEW YORK, n. Y, July 22.-Charles
Soaring, a nephew of Bishop Goodsell of
California, was before Judge Clement of
the City Court of Brooklyn to be adjudged
as to his sanity. When questioned he said
that he had resided for some months at the
Epileptic Home, where he paid 81 so a
week for his board. A few weeks ago his
funds became low and he was unable to
continue the payment. He was then re-
moved to the Flatbush Asylum Mrs.
George A. Druatt, his sister-in-law, de-
clined to be responsible for his mainte-
nance at the home.
Soaring said that he has had regular re-
salesman for the International Oil Works
633 Gold street, this city, who now owe him
some money. Judge Clement ordered a
further examination to be made and to
bring Soaring before him in two weeks.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
10 Emforce Prohibition.

WICHITA, KANs., July 22.-The Board of
Police Commissioners, in compliance with
the expressed wishes of Governor Morrill,,
left for Topeka tonight for personal con-
ference on the subject of enforcement of
the prohibition law in Wichita.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23

vinza Hayward, c. D. Land and the Ho-
bart estate own the property.
At midnight Superintendent Lane pre-
diets that the burning chambers in the
mine will be entirely submerged tomorrow
and the fire squelched. A million gallons
of water are flowing hourly into the mine
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
FIRE IN UTICA MINE,
Angels Camp Greatly
Excited Over the
Catastrophe.
GREAT DAMAGE CAUSED.
Seven Men Rescued by the
Brave Action of Superin-
tendent Lane.
GREAT DAMAGE CAUSED.
THE WORKS BEING FLOODED.
1t Is Classed as the Largest Gold
Producing Mine in the United
States.

ANGELS CAMP, CAL, July 22--Not
since the great cave at the Utica mine in
1889, when seventeen men were killed, has
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
FOUGHT THEIR CAPTORS.
Attempted to Escape After
They Had Been Placed
Under Arrest.
HELD IN READINESS.
Wyoming National Guards Ordered
to Prepare to March at
Moments Notice.

CHICAGO, ILL, July pa special to
the Chronicle from Market Lake, Idaho,
says:
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-05
DAGGETT COMES BACK

lie Doesn't Owe naguire Anything and Is
Not Frightened Bit
SAN FRANCISCO, Oct. 4.-John H.
Daggett, the superintendent of the mint,
says in relation to the charges brought
against him by Congressman Mcguire:
"Well, as I do not know specifically
what they are, cannot speak of them at
present, except to saw that they are base
less and without foundation. My POSI-
ton is impregnable. do not mean by
that I have pull at Washington.
What I mean is that am right. So far
as my interesting mylelf in politics. of
course am. If they thought was 60
ing to keep out of politics they should
no. have put me here. 1 have a right to
assist in maintaining the supremacy Of
the Dem ocratic party. I cannot say now
whether or not any of the employees IN
the mint have been furnishing Mcguire
with information looking to my over
throw.
'Maguire's objection to me is simply
question OF patronage. He was friendly
enough in April, but Is not now. The
reason you will have to guess until l
know just what his charges are. In fact.
patronage is what caused all the howl to
60 up. Harbor Commissioner Colnon is
after me because l did not put lady in
the mint for him. l told him that l had
given the governor one appointment and
Senator Iangford another, and thought
that was about all San Joaquin was en-
titled to. AS matter of fact, think
patronage. l secured Budd his nomi-
nation, and in that way Colnon got his
appointment. He did nothing toward
making me superintendent of the mint"
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-05
he WAS HEAP BIG MANDARIN
But He Could Not Bluff Consul
HicksOn
ONE LONELY FIGHTING MAN
Sent With the Ku Cheng Commission of
Inquiry
Lieutenant Evans Of the Cruiser Detroit As.
sists at the Inquiry Into the Ku
Cheng Hassacre
Associated Press special Wire.

LONDON, Oct. A letter to the Pail
Mall Gazette from Ku Cheng, published
today dilates upon the fac. that it is a
strange thing that the only fighting man
sent to Ku Cheng with the commission
appointed to inquire into the massacres
of missionaries was Lieut.. Waldo Evans
Of the United States cruiser Detroit in
spite of the fact that two British gun
boats were lying at Foo Chow. The cor
respondent of the Gazette adds that when
the party arrived at Ku Cheng the man.
DARN in command there refused to allow
the members CT The commissionto attend
the trial OF the accused Vegetarians,
whereupon Mr.. Hickson, the United
States consul at Foo Chow, who was the
most energetic member of the commits
sion, peremptorily demanded, in the
most vigorous language, the right Of be-
ing present at the trials. He said he did
not care how great a parsonage the 1ian-
DARN was, he would stir up all the pow
ers unless he was admitted, and gave the
mandarin four nours in which to make
up his mind.