davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1895-10-13
THE WRIT WAS GRANTED.
Merced's Superior Court Has
No Jurisdiction in the
Bank Case.
Further Proceedings in the Litiga-
ton Stopped by the State
Supreme Court.

Bank Commissioners Kilburn, Fuller
and MCGEE, who have been cited to appear
before Judge Law of Merced on the 18th
inst, and show cause why they should not
be deprived of their Office for alleged
neglect of duty, will now escape that try
ing ordeal, or for time at least, through
one of the many technicalities of the law.
Through their attorney, A. B. Carpenter,
q petition and brief citing authorities were
presented to the Supreme Court yesterday,
asking that an alternative writ of prohibi-
ton, requiring Judge Law of Merced to
discontinue proceedings in the case up to
November 8, and on that day to appear
and show cause why he should not be
absolutely restrained from further pro-
ceeding in the case. After brief delibera-
ton the court granted the writ, which
takes effect Immediately, and on Novem Der
3 the legal questions involved in the case
will be reviewed by the Supreme Court
and decision rendered accordingly.
1.-The granting of the writ was not mat
ter Of right, or, of course" said Attorney
Carpenter, speaking about the matter yes
terday, "but on a prlma facie showing it
must be granted to entitle the parties MAX
ing the petition TO a fair hearing in the
case against them.
The only allegation contained in the
complaint OF the plaintiff is that the Com
missioners had a knowledge of the un-
sound or insolvent condition of the Merced
Bank, and the complaint does not state
how, when or where they acquired such
knowledge, or how or when they were
guilty of not notifying the Attorney-Gen-
eral of such Insolvency in writing. Upon
the accusation, Judge A. Z. Law of Merced
made an order citing the Commissioners
to appear before him on the 18th inst. and
answer TO the charges of w. N. Sherman,
who appears as the plaintiff in the case,
accusing the Commissioners of willful
neglect of duty.
The charge against the Commissioners
continued Mr. Carpenter, "is a criminal
one, and, as they allege, it comes under
section 772, chapter p of the Penal Code OF
this State.
The gist of that code is: when an
accusation in writing, verified by the oath
OF any person, is brought against a public
official for refusing or neglecting to per-
form the official duties pertaining to his
office and he is found guilty he can be
removed from Office and fine of $500 can
pe imposed in favor of the informer.'
I CONTEND said Mr.. Carpenter, ''that
e9ectlon ~, chapter ., of the Penal Code is
limited by section 758 of the same chapter
US TO the class of officers against which
The San Francisco call., 1895-10-13

Meantime Blanche has managed to get
her financial affairs into muddle, and in
order, as she hopes, TO retrieve her for
tunes she avails herself of the help'of the
villain of the piece, Reginald FitzDavis,
who, with Wolff MeikStein, floats a COM
pany for the working of supposed South
African mine. 1t being to the interest of
Lady Ughtred Kesteven, Lord Chepstow's
sister, that he should die without
heirs she plots with FitzDavis to COM
promise Blanche so that the marquis may
break off his engagement, and it is when
scandal is thus made to hurtle round
Blanche's innocent head and the hollow
ness OF society is forced upon Lady Hill
yard by the treatment to which she and
her ward are subjected through the plot of
FitzDavis and Lady Ughtree, that the two
ladies go to South Africa. Here. of course,
Tor various reasons come all the other
characters. FitzDavis and the Jew are
after the mine, Lord Chepstow has volun-
teered to fight against the Matabeles, and
George Hllyard, having previously chas-
t1sed FitzDavis coram populo in Hyde
Park, has found it convenient to leave for
South Africa. To the scene where the
blacks open attack on the little company,
led by Lord Chepstow, everything most
skillfully leads; and then occurs the great
incident of the play, the presentat alton, in
fact, upon the stage of the memorable Will
son episode. 1t is all splendidly dra matte,
ana Wnen the gallant EngHShmen stand
hand-in-hand to sing the national an
them, as the shots of the blacks rain
thickly on them, it is not only from pit
and gallery but equally from stalls and
private boxes, that the outbursts Of genuine
enthusiasm ring through the house. We
can certainly i'll afford to sneer at melo-
drama when it depicts for US the heroism
and devotion to duty of Englishmen in so
vivid and impressive manner as this, and
perhaps 1t is not too much to say that such
play as that now to be seen at Drury
tractively before the British youth the high
standard of duty and courage which Eng
land expects of her sons. But there is
something more than gunpowder and
glory in this new drama; it is, in fact, one
of the most varied of the long and excel
lent series of autumn plays presented by
Sir Augustus Harris, for it forcibly
illustrates in necessarily high colors
some phases of city life, and de-
picts. in equally vivid tones So
ciety'y little ways. The Hurlingham
scene, where in real polo ponies are intro
duced, is admirable, but even more faith
fully copied is the picture of the Row DUR
ing the height of the London season. One
may almost fancy one hears the roar of
the traffic at Hyde Park corner, and as to
the reality of the beautiful toilets worn by
the supposed promenaders in the park
there is no doubt whatever.
An unusually powerful company lends
additional attractiveness to this fine pro-
ductlon.-London Queen.
The San Francisco call., 1895-10-13
Grand Onera-Hnnse.

Tomorrow night, Milton Mobiles opens
his fourth and final week at the Grand in
the title role of his play, 1.-THE Phenix.'
This drama has been seen in San Fran
cisco OF more than one occasion, bat the
fact that twenty years have elapsed since
Mobiles wrote it, and that he has been
playing it continuously ever since, is a
proof of its drawing powers.
The story of 1.-The Phmnix'' is sensa-
tional to a certain extent, but the villain is
not OF too deep a dye and the incidents
fire scene and the artists are Iaborinp to
make, that as realistic as possible. Mobiles
has played the title role so long that it fits
him like glove. He will be supported by
The San Francisco call., 1895-10-13
large cast, which includes almost the en-
tire company of the Grand.
Growers AIcazar.

Tomorrow night will see the first per-
formance by Growers company of the
hum orous comedy Confusion" which
has always proved source of laughter
whenever it has been produced. New
scenery is being prepared and the cast will
include: Leonard Grover Jr., Messrs.
Hoyte, Lothian, Powers and Gam BILE, Miss
Jennie Remark, Miss Oracle Plaisted and
Mrs. Fanny Young.
The story is fairly familiar to most
theater-goers. Rose Mumpleford desires a
pet and commissions her uncle to secure
for her pug dog. James and Marie, the
servants of the family, have been secretly
married and their child has been placed
out at nurse. Circumstances oblige the
sending of the baby to its mother and it
arrives by the train which carries the pug
dog. The dog and baby are mixed up and
the most ridiculous situations occur
through the mistakes. The supposed in
sanity of Mumpleford leads to additional
comDlicatiOnS
The San Francisco call., 1895-10-13
Columbia Theater.

The tuneful "Robin Hood" has proved
such an attraction at the Columbia Thea
ter that it has been decided to play the
work for another week.
On Monday, October q, prince Ana
Mas" by Victor Herbert, director of Gil
more's Band, will be produced. The
ibretto of this work tells story of the six
teenth century. The romantic side of the
opera is supplied by vagabond poet and
adventurer, who falls IN love with the lead
ing lady of band of strolling players.
The comedy side is furnished by the
The San Francisco call., 1895-10-13
Debutants at the Columbia.

The School of Dramatic Arts gives it's
first public performance at the Colum bia
Theater tonight. There are already over
fifty students in the school, which was
established last August, and several have
already made their debut on the profess
sional stage.
The plays to be performed are: Mer-
sham Rae's "a Fair Encounter" "The
Setting of the Sum-" by Charles Hannah,
and "False Pretensions," comedy adapted
from the French by Horace W. Fuller.
The San Francisco call., 1895-10-13
Tivoli Opera-House.

The season of grand Italian opera at the
Tivoli is rapidly drawing to close.
Verdi's favorite opera, I'll Trovatore, "
will be sung this week, with every atten-
ton to detail in the way of production.
Ida Valerga, Laura Millard, Mabella
Baker, Alice Carle-who will reappear
after an absence of four weeks in the
East-Martin Pache, Arthur Messmer,
John J. Rafael. George H. Broderick,
Edward Torpi, G. Napoleoni and Irene
Null will all appear in the various roles
during the week. "Cavalleria Rusticana, %
Mascagni's celebrated one-act opera, pre-
ceded by Offenbach's Marriage by Ian
terms" will follow.
The San Francisco call., 1895-10-13

these accusations could be brought, and as
the Bank Commissioners are State officers
they are not amenable to the provisions of
section 772 but are governed by the Bank
Commissioners act of March 1, 1872.
"If on November the Supreme Court
decides that Judge Law of Merced has no
Jurisdiction he will be perpetually
restrained from further proceeding in the
case, and if that takes place it will be
difficult to say at present what other
manner of proceeding will be taken in the
The San Francisco call., 1895-10-13
At the Orpheum.

Five new people are billed for the
Orpheum this week. They are the Gotham
City quartet and Memphis Kennedy. The
quartet is composed of III. E. Fairbanks,
Edward A. Lang, George r. Brenner and
T. III. Humphreys Their business is said
to be of novel character, possessing
humorous, as well as artistic characteris-
tics. They sing quartets and solos, warble
and give limitations of various artificial
sounds. These people have high recon-
mendations from the East and come direct
to the Orpheum from Madison-square Gar
den, New York City.
Memphis Kennedy is a we'll known
musical comedian, whose reputation for
originality and musical ability stands high
among the single-turn artists.
The Schrode brothers, John Higgins.
Flalkowski, Haines and Pettingill and
others are retained.
The San Francisco call., 1895-10-13

gloomy King of Navarro, monarch who
has never smiled during the whole course
of his life, and the efforts of the strolling
players are to provide an entertainment
for him which will make him laugh.
During their engagement at the Column
bla Theater the Bostonians will produce
ga Wartime Wedding for the first time
on any stage
The San Francisco call., 1895-10-13

tian mummy. But ''Trilby" is not melo-
drama, and, though it is very effective for
Svengali to lie PROSTATE till the curtain
falls, the realism of the scene would not be
detracted from if some of the bystanders
The San Francisco call., 1895-10-13

by one, with a charge of only 20 cents for
the best seats in the house.
The theater opened last night with Dion
Boucicault's melodrama, after Dark" of
which notice will be found in another
column. The same bill will be given
throughout the week.
The San Francisco call., 1895-10-13
sisted by Miss Laura Millard and a clever
company.
Baldwin Theater.


"Trilby" is still filling the Baldwin
Theater. and will probably continue to
do so for the rest of the week. 1t has
been decided to give an extra perform
ance of the play on Wednesday afternoon.
On Monday, the 21st, comes that aggrega-
tion of star performers, Canary & Leder-
er's New York Casino Company, in "The
Passing Show which had such run in
New York and Chicago. The piece is de-
scribed as bit of music, a sprinkling of
burlesque, spsclalties and travesties on
popular plays, among them being "The
Bauble Shop" "The Crust of Society, -
"Sowing the Wind" "Shores Acres. y
"Trilby,n "The Second Mrs. Tanqueray, )"
etc. Besides all this, it is a melange of
nearly everything dramatic and musical,
from tragedy and grand opera to farce and
music-hall ditties.
AT the benefit to be rendered the Actors
Fund of America at the Baldwin Theater
on Friday afternoon the programme VIII
number among its many features the Sec
ond act of "Trilby"; members of the Tivoli
Opera company, in the sextet from "Lu-
cia"; Milton Mobiles, in a monologue; !;
Leonard Growers AlcaZar company in the
screaming farce "Joe's Girls" Wilton
Lackaye will appear after presenting the
character of Svengali in the second act of
'Trilby" and give recitation without his
makeup on. From the Orpheum will be
Gilbert and Goldie, Haines and PettingilI,
the Gotham City quartet and the four
Schrodes.
The San Francisco call., 1895-10-13
Peoples Theater.

Manager George L. Clayton of the
Peoples Theater on Howard street, near
Third, has engaged a company of capable
actors, including such well-known people
as James NJ. Ward, w. l.. Gleason, Darrell
Vinton, W. c. BeIasco and Miss Margaret
Reid. He states that he will give only the
best of melodramas In addition to this.
he has engaged vaudeville stars to fill in
the time between acts, and will thus give
two shows in the time usually occupied
The San Francisco call., 1895-10-13
At the California

"The War of Wealth." which follows
"Charley's Aunt" at the California, was
only produced last season, and is said to
be a successful sample of American dra-
matte work.
The San Francisco call., 1895-10-13

At the Macdonough Theater in Oakland
on tomorrow evening Henry E. Dixey will
give his famous limitations of Sir Henry
Irving, Professor Hermann, Paderewski,
Svengali, etc., together with the "Seven
Ages of Man" and the celebrated barber
shop scene from "Adonis." He will be as
The San Francisco call., 1895-10-13
Creditors Take Action.

Creditors have petitioned the Superior Court
to force A. NJ. Thomas into insolvency. Thomas
owes 1896. Wheaton, Breon & Co. and the
creditors.
The San Francisco call., 1895-10-13

my Son-in-Law" kept things lively al
week at Growers Alcazar.
The San Francisco call., 1895-10-13

managed to convey the impression that
they considered Svengali's PROSTATE form
as thing needing humane attention, in
stead of turning unanimously away before
the life was well out OF it.
Bertha, the Sewing machine Girl" was
hardly up to the level of the other plays
which Milton Mobiles has presented at the
Grand. As in the others the actor-author
was the axis round which the whole plot
revolved, and he always enters so thor
oughly into the part he represents that the
audience, as rule, could not get too much
of him. But it is easy to have too
much of drunken man and that
was the painful role which Milton Mobiles
enacted very realistically in Bertha"
Leslie had good part and made the most
of it, and the Judge carried all before him.
Very stirring were the midnight acts
that took place in the Texas shanty. In
the midst of such intense excitement it
was perhaps hardly to be wondered at that
Miss Hall should go to bed and leave the
slip of paper-the only proof OF her mar
riage-lying on the supper table, within
reach of the old man who was to receive
$4,000 for stealing it.
AS usual at the Grand, the scenery was
realistic, and every detail of the staging
was carefully worked out.
It seems pity that the Tivoli perform
ances of grand opera are drawing to close,
for thousands of people have heard them
with perennial pleasure. LA Traviata"
last week was the best representation that
has yet been given. Miss Valerga and Mr..
Rafael especially distinguished them
selves.
The Orpheum was crowded as usual all
last week. The Brothers Schrode proved
to be clever pantomimists, as we'll as won
derful acrobats, and Miss Lottie Murphy's
foot ball Song" created Juror.
INV Snn.in-Ia Iaw, kent things lively oil
The San Francisco call., 1895-10-13
NEW WESTERN HOTEL.

| TX EARNY AND WASHINGTON STS.-RE-
u modelled and renovated. KING, WARD & co.
European plan. Rooms 60c to 81 so per day, 81
70 $S per week, SO to $50 per month; free baths;
room; elevator runs all night
The San Francisco call., 1895-10-13

Napoleon ate with his knife.
The Forrest City times., 1895-10-18
sREST CITY, ARK, FRIDAY AFTERNOON OCTOBER 1s 1895

thousand feet. I was afraid would have to go clear over Mt Blanc. The second thousand feet she slowed quite noticeably; the third thousand feet still more. The fourth thousand feet I saw l could get off with safety, but I was so stiff with riding 1 could hardly move. At last, when nearing the ton. l saw the brcte actually wasn't going to stop, so made an effort just at the summit and threw myself backward over the hind wheel, nearly breaking my neck. But I got off, thank good ness."
 And where is this wonderful bicycle now?"
 Heaven only knows; the Swiss gov ernment doesn't, for I've telegraphed them to find out. As I sat helpless on the summit, l saw the machine give a wobble or two and thought it was go- ing to fall, but it didn't. It got on the down grade and went at a rate that seeemed to be good for another ten thousand miles I telegraphed all down the road from this hotel, asking the authorities to be on the lookout for it, but I've heard nothing from it since. l expect it took dash off the road at one of the turns and is lying in the for est somewhere. Perhaps it has crossed the Gemmi and the Simplon and is in Italy by this time. Next machine I fit up you bet I'll put on controlling gear"
 II think that would be an improve ment."
 "Yes. We'll, now you see my object in telling you all this is to give you a chance of making your everlasting for tune. l left Paris, as I told you, in a hurry, not expecting to take trip to Switzerland, and so brought no money. If you let me have fifty or hundred pounds now I'll give you a quarter square in my invention. Remember Westinghouse offered half share in his brake for five hundred dollars and the other fool didn't take it. He went mad afterwards"
 "Who? Westinghouse?"
 No; the other fellow, because of the fortune he missed"
 You forget what told you at the beginning"
 What was that?"
 In newspaper man, and conse- quently have no money. But I'll give you good notice.''
 And here it is.-Detroit Free Press.
The Forrest City times., 1895-10-18
ISLAM AND CHRISTIANITY.
stagnation and Decay in the Land O
 the MosIem.

stagnation and Decay in the Land oi the MosIem.
 Outside of Christendom what we be. hold is stagnation and decay. Nowhere Is the faintest sign of progress except in Japan, and Japan has advanced by adopting the methods and imbibing freely the spirit, if not the actual creed, of Christendom. The horrors of Port Arthur prove that the assimila- tion of the Christian spirit is very inn perfect without the formal organism in which it has been historically en- shrined; but at least these horrors were apologized for, and the war was otherwise conducted according to the rules of civilized warfare. Japan is therefore the exception which proves the rule, and the exception is due en- tirely to the influence of Christianity.
 In all other non-Christian states whatever movement there may be is backward. And nowhere is that ten dency more marked than under the rule of the crescent. It is therefore an unfortunate time for Moslem to choose for instituting comparison be- tween Islam and Christianity, much to the disadvantage of the latter, both intellectually and morally. Yet this is what some Indian Moslems have lately been doing. 1t is significant that these vindications of Islam, at the expense of Christirdity, all hail from India, where Islam has long ceased to be ruling power, and has therefore been unable to exhibit it's real spirit London Quarterly Review.
The Forrest City times., 1895-10-18
A HOG-POWER MINE.
An Ingenious Man Who Utilized His Swine
 Thus.

An Ingenious Man Who Utilized His Swine
 II was riding through the mountains in Trinity county few days ago." said prominent mining man che other day, 'when I happened to take trail that led by old 'Burlap' John- sons cabin. You know he has al- ways been called "Burlap" John- son because he was never known to wear pair of boots, but always kept his feet sewed up in burlaps like can vas-packed hams. l took dinner cold corn bread and bacon-with him, and then sat down for smoke;
 Wouldn't you jest as soon do your smokin' outside, podner?' he asked
 Certainly said I, but ou don't object to the smoke of cigar, do youp' l was naturally surprised, for he was already. puffing away at an old corn cob pipe.
 No, course not, seein' as I've smoked nigh on to fifty years; but I want to keep my hogs to work
 My curiosity was aroused, but said nothing. He took down a dou bar reled, muzzle-loading shotgun and his poWucT HOTH Then ne went out to a shed and got pan of shelled corn. He sat down on bench at the cabin door. rammed down couple of charges of powder and poured handful of corn in each barrel He pnt on percussion cap, pressed it down with the hammer, cooked both barrels, and blazed away at the side hill across the little gulch. The roar had not died away till drove of hogs came running, grunt- ing and squealing and commenced to root the side hill for the corn When- ever they slacked up in their work the old man fired another charge of corn.
 That's mean trick, said I. Why don't you feed it to them in trough?'
 Feed it to 'em? he repeated in amazemcnt. Then they wouldn't work Besides, they don't need it.
 What do you want to make them work for, and why dc you waste corn on them if they don't need it?'
 Why, man alive! They'do as much work as four men would. They root up the dirt, an when the rain comes all l have to do is to sluice it.
 '"Then understood that he was us- ing the hogs to help him mine. ."-San Francisco Post.
The Forrest City times., 1895-10-18
English Self-neliance.

In recent controversy on the ques- tion of foreign clerks in the city, a London merchant wrote to explain that German clerks were in all re- spects but one vastly superior to Eng fish clerks. They talked more Ian guages, they were more regular in their hours, they cost half, they never grumbled, they took shorter holidays and worked longer, and they never drank or gambled. or gave any trouble The one drawback was that they could not be induced to take responsibility, whereas, the stupid, ill-educated, tire some Englishman would, and that made him, after all, worth twice as much as the German. No; the failure to take responsibility is not the vice of our race, and while this is so, we need not fear the burden of empire becom- ing too great. Be the problems that beset us what they may depend upon 1t, there will always be Englishmen perfectly willing to assume them, and cheerfully and without any histrionic heroism, to do their best in a spirit worthy of the occasion. Spec tator.
The Forrest City times., 1895-10-18
DAY LILIES.

The time of the splendor of lilies! When cluster sweet-peas by the wall. When flame the deep-hearted nasturtiums When hollyhocks muster at call. Then straight in their virgil whiteness, And sweet in their luster and grace, Uplifting their censers of beauty, Consider the lilies. race That toll not, nor spin not. that care not For aught that is passing and brief, Inat bloom In the hour appointed, The hour that bindeth the sheaf Fair lilies that come with the harvest, And rival the brave growing corn In the strength of your delicate beauty, That wait through the eve and the morn perfume so faint and so fitting. May we not learn a lesson from you, To be oequeenly and tranquil and tender, As our little life weareth through?
 Toledo Blade