davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
An Important Decision on the
Subject Rendered by
Judge Slack.
IT WILL NOT BE APPEALED.
No Special Classification of Cities
Can Be Made by Legislative
Enactment.

Judge Slack has given another blow
at the power Of the Legislature to specially
classify this City for purposes of special
legislation. The case of Robert r. Kinds
against the City and County and Mr.. Ash
worth, the Superintendent of Streets, has
been decided against the claims of the de-
partment.
The decision rendered in this way knocks
out the street widening and extension act
of March, 1898.
Kinds was the owner of two large tracts
of land through which Potrero avenue was
extended. The people protested earnestly
against the assessment, and finally Kinds,
the largest owner, brought suit to have the
act construed by the court.
The defendant demurred, but the de-
murrer was overruled, and for long time
the City was undecided whether to appeal
from the decision on demurrer or to make
answer to the complaint and fight the case.
The matter was submitted to City and
County Attorney Creswell, and he advised
the board not to appeal. 1t was further
decided that no answer should be sub
mitted, but that the City should default
and allow Judgment to be taken. This ac-
ton was resolved upon by vote at the last
meeting of the Supervisors, and Judgment
rendered for Kinds yesterday.
The particular point upon which the
law was knocked out was upon question
of classification. The street act provides
certain method for opening, widening,
extending and improving streets in cities
of 40, 600 inhabitants and more. W. A.
Beatty, who has conducted Kinds case
from the start, argued that such CLASH
fication was Illegal as it made a special
class for a special purpose. The classihca-
tons of cities is done under the constitu-
ton, and It must he general in its applica-
ton and for all purposes. There is no
constitutional classification of 10000, and
consequently when it was announced'that
the act of March, 1898, applied TO. cities
with 40, 900 inhabitants and over it created
illegal, and il made the limit of that class
one at variance with the constitutional
classification. The act, therefore, was de-
clared illegal by Judge Slack. This is the
act under which all recent street work has
been done.
The principle involved is one similar to
the principal contention in one of the fee
bill cases-the conflict of Considerations bv
legislative enactment and unconstitutional
mandate. The constitutional classified ton
is full and complete. ard it was done for
all purposes. No mere act of the Legsla-
ture can divide the classifcat1ons, nor can
they make law applying to certain classes
of cities unless these classifcations con-
form to the original ones made under the
constitution.
The City will not appeal the case it has
lost, but any citizen interested may take
the matter up and bring it before the
higher tribunal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27

meeting the fires of Indignation were
smoldering in the bosoms of the mem
bers OF the committee whose action had
been ignored. Sat least we might have
been accorded the courtesy of having the
choice of Mr.. Boynton referred back to
Us. they argued.
The result was that at the business meet
ing on Wednesday evening the resigna-
tions of Deacons A. H. Flynn, Ell. l.. Gear
and ]. G. Levensaler and Trustees William
Chamberlin and A. B. Forbes were ten
dered and accepted. This action was re-
garded merely as declaration of rights
on the part of those officers, as the annual
election was at hand and their resignation
was work of supererogation."
w. A. Clark and J. A. Wiles were elected
to fill vacancies that had existed for several
months, but the general election was post
poned.
The annual election should have taken
place on Wednesday, but owing to the
number of designations it was decided b at
some quiet canvassing was necessary. The
election will be held on January 1, or if it
is concluded tina: an election OF legal
holiday is null it will take place the follow
ing Wednesday.
Mr. Boynton presided at the meeting on
Wednesday evening, and it would appear
that he intends to hold the ecclesiasti-
cal fort
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
THE GREAT CHIEF.
Grand Incohonee Andrew II. Patton of
the Red Men to Visit AIameda's
Hunting Grounds.
OAKLAND OFFICE SAN FRANCISCO CALL, J
Qn8 Broad WAY. Dec DC {

OAKLAND OFFICE SAN FRANCISCO CALI
908 Broadway, Dec. &c.
On Monday night next every member of
the Improved Order of Red Men in the
hunting grounds of Alameda County will
don his war paint and feathers and pro-
ceed to the wigwam of Gray Eagle Tribe
No. IS in California Hall, on Clay street,
between Tenth and Eleventh. The cause
of the grand assemblage will be the
arrival in these hunting grounds of An
drew III. Patton, grand incohonee of the
United States.
This great chief, who is at the head of
nearly half million members OF this fra
ternal society, is on an official grand tour
of the great reservation of the United
States, and as the order on this coast is
seldom visited by great incohonee, the
Red Men here have decided to make the
occasion, or the visit, one OF life time,
which in reality it is, on account OF the In
frequency Of the visits of so distinguished
a chief of the order.
The officers of the Great Council of Cal
ifornia will accompany the great incoho-
nee on this visit, and will introduce him
to the Assem- bled chiefs and brothers Of
the local tribes, namely: Tecumseh Tribe
No. so and Gray Eagle Tribe No. 65 Of
Oakland, Pawnee Tribe No. 81 OF Alameda
and Comanche Tribe No. 70 Of Elmhurst
On assembling at Gray Eagles wigwam
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
LADIES As JOURNALISTS,
Will Issue a Paper on Washing.
toms Birthday for the
w. C.. T. u.
The Enquirer" Office Will Be Turned
Over to Them and They Will
Receive The Proceeds.
OAKLAND OFFICE, SAN Francisco CALL, |

OAKLAND OFFICE, SAN FRANCISCO CALL,l
90S Broadway, Dec. 26.
The Women's Christian Temperance
Union of Oakland j, to issue an edition of
paper on Washington's birthday. They
will handle the issue of the Enquirer for
one day to help them in their work.
The Won ems Christian Temperance
Union is composed OF many ladies, who
work on the lines OF social purity and tenn
perance. They also conduct temperance
restaurant, and, on account OF the very
tight condition OF the money market, the
ladies find their funds somewhat depleted.
No attempt has ever been made by Oak
land ladies to get out an edition OF regu-
lar paper, and it is hoped that as the pro-
ceeds are to be given entirely to the
Women's Christian Temperance Union
the venture will be successful one To-
night the matter was the one subject of
discussion in the various ladies' booths at
the exposition.
"Mrs Borland of the W. c. T. U. wrote
to me" said Frank A. Leach, proprietor OF
the Enquirer, tonight, asking me about
giving over the paper to them for one day.
Ordinarily we do not isue a paper on
Wnshington's birthday, and so the ladies
asked the privilege of the paper for that
day. We decided to turn over the office to
them and | have no doubt the affair will
be great success, as there are some of the
brightest women | know doing new spaper
work in this city They will get their
own advertisements, do their own solicit
ing and will take the entire proceeds. 1t
will have been the first time such a thing
was ever done in Oakland, and | expect to
see q yery bright paper"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
he GETS TEN THOUSAND,
D. M. Delmas Wins a Victory
Over the Southern Pacific
Company.
THE JANSEN DAMAGE CASE
Railroads Cannot Allow Two Trains
to Remain in the Same
Station.
OAKLAND OFFICE SAN FRANCISCO CALI
Q0S broadly way Dec oR

900 Broadway, Dec. IS. !
The jury in the case of Robert P. Jansen
against the Southern Pacific Company to-
day gave verdict against the company for
$4,000.
This suit has been on trial before Judge
Greene for the last FIVE days, D. NJ. Del
mas appearing for the plaintiff, and W. H.
J.. Barnes for defendant.
Mr.. Jansen boarded one of the defend
ants cars in Alameda, to go to San Fran
cisco, and seeing his wife beckon 10 him
from the sidewalk he understood that she
wanted to speak to him. He attempted to
leave the car on the same side on which he
had boarded it, but being prevented from
doing so by the people crowding to the
train, be alighted on the opposite side and
was struck and permanently injured by an
incoming engine.
Suit was first brought in San Francisco,
but the plaintiff consented to the motion
for nonsuit made by the railroad COM
pany and the same day recommended the
suit here. The railroad officials, believing
the consent to the nonsuit to have been
given through some feeling of weakness
on the part OF the plaintiff, permitted their
| mistaken belief to prompt them to force
INC new SUN " tIldi. w 1tulu tlliCC day .
after the new suit had been commented
the railroad company, relying upon it's
fancied security, had answered TO the COM
plant. Yesterdays verdict shows that
never was fancied security less founded in
fact.
1t was proved that it is the custom
of the Southern Pacific to permit one
train to enter station while another is
receiving and dischargng passengers, but
that it is not the custom on any other rail
road to do so; and, in fact, the courts have
| repeatedly decided that such practice IN
itself is gross negligence.
Before the defendants testimony was
given, General Barnes made the same mo-
ton that the plaintiff had consented to
before, which, after argument, was denied
by Judge Greene.
The defendant called thirteen witnesses,
and after able arguments, in which the
whole case was presented to the jury,
Judge Greene delivered his charge upon
the law of the case. The jury then re-
tired, and after over an hours delibera-
ton returned verdict for $4,000 in favor
OF the plaintiff.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
TROUBLE IN 4 CHURCH,
Wholesale designations Because
Of Rev. nj. P. Boynton's
Election.
The Action of the Pulpit Committee
Of the First Baptist Church
Ignored.

The mem bers of the First Baptist Church
have developed a teud of no small proper
tions. The bone OF contention is the
choice OF pastor.
There is a division and very marked
one on the question OF Rev. Nj. T. Boyn-
tons fitness for the conduct OF affairs at
the First Church. He is a bright young
man OF genial presence, who, during his
tenure as acting pastor, strongly entrenched
himself in the affections of the younger
element of the church membership. Some
Of the older and more conservative parish
toner's felt that Mr. Boynton was too young
for such q responsible charge. There was
no doubt that be had conscientiously and
ably di scharged the duties OF acting pastor
since the resignation of Rev. ]. Q. Henry,
but it was thought by the pulpit committee,
whose duty it was 10 provide successor
for MIR. Henry, that an older man and one
of broader scholarship was necessary for
the post. Accordingly the committee
recommended that DR.. Cameron, of
Chelsea, Mass, scholarly divine of
mature years, should be invited to the
pastorate OF the First Church.
1t has been the custom in that church as
in many bodies to accept the ipse dixit Of
the committee. hence it was great sur
prise to the pulpit committee when the
church not only rejected its candidate, but
announced that The wish of the majority
of the mem hers was that Mr.. Boynton be
given the honors, emuluments and re-
sponsibilities of full passionate. 1t did
not stop at the declaration, but proceeded
to make it good by the election of Mr..
Boynton.
This occurred at the regular business
meeting last month. Mr.. Boynton, it is
said, waived the formality OF a formal
notification by the clerk, thanked the
church for the honor done him and ac-
cepted the charge.
During the mouth that elapsed between
that time and the succeeding business
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
NEW GRAND JURORS.
Thirty Names Drawn From the Box for
Examination This Afternoon Be-
fore Judge Sanders

Thirty Names Drawn From the Box FOL
Examination This Afternoon Be-
fore Judge Sanderson.
Thirty names from which to draw the
new Grand Jury were drawn from the
Grand Jury box before Judge Sandersor
yesterday. They will all be cited to appear
this afternoon before Judge Sanderson, al
o'clock, to be examined. The parties tc
be summoned are:
R. S. Davis, 1859 Market street.
C.O'Connor, Nevada block.
]. ]. OFarrell, IL Montgomery street.
B. F. Garrett, 1907 Guerrero street.
Joseph Quay, Pacific Union Club.
Charles B. Stone, 405 Market street.
Arthur F. Price, 524 Sacramento street.
q. H. Umbsen, IA Montgomery street.
F. H. Rathbone, 2215 California street.
d. V. Deming, ia Ellis street.
Herman II. Hencke, 1907 Frederick street.
]. J. Mckinnon, Pier 5. Steuart street.
Adam Grant, Bush and Sansome str Gets.
Louis Sloss ST., 80 Sansome street.
Frank H. Vail, TAI Market street.
r. H. Pease, Suffer and Franklin streets.
Edward E. Clawer, 534 Bush street.
J. Downey Harvey, GIG Market street.
A. Roos, 81 Kearny street.
James Dunno, 1918 Hyde street.
Frank Maskey, 80 Kearny street.
G. +. Laumeistar, 2S7 Mission street,
2. T. Nolan, 1923 Golden Gate avenue.
John Landers iii Hyde street.
?. F. Butler, S18 Eddy street.
John H. Kline, 1414 Washington street.
Horace Davis, al Front street.
Charles L. Haskell. 10 Bush street.
j. NJ. Walter, 529 Market street.
Frank P. McLenn an, 1915 Clay street.
The jury to be selected will begin opera
tiOnS at once
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
WALES OBJECTS.
The Prince Will Not Give His Children's
Pictures Except to His Intimate
Friends.

Friends.
OAKLAND OFFICE SAN Francisco CALL
90S Broadway, Dec. 26.
F. r. Porter of Echoes received letter
from the Prince of Wales to-day in which
the future King of England declined an in
vitation to visit Oakland.
The correspondence between the Oakland
editor and the Prince was not very volum-
inous. Mr.. Porter wrote as follows:
OAKLAND, Cal, Nov. 10, 1895.
To Albert Ed,gdrd Victim, Prince of Wales, ETC.
YOUR ROYAL HIGHNEsS: You will oblige me
should you direct your secretary to forward
daughter, the Princess Victoria, also late
photo of the Princess Mand, likewise Your
daughter. There are many "Britishers" living
hereabout and propose to publish, as OF gem
eral interest, authentic likenesses of these two
OF your children.
Also, will you, personally, kindly answer this
query: Is it in your mind to visit California
during the year 1896?
| remain, with the greatest respect, your
Royal Highness' friend, F. R. PORTER
The letter received to-day was from Sir
Francis knollys, private secretary and
close friend OF Albert Edward. 1t was as
follows:
SANDRINGHAM, Norfolk, Dec. Z, 1895.
Sir: am desired by the Prince of Wales to
acknowledge the receipt OF your letter OF the
19tn ult. and to inform you in reply that it is
contrary to his practice to give away photo
graphs of the members Of his family unless he
IS personally acquainted with the applicants
for them.
His Royal Highness regrets, therefore, that
he is unable to comply with your request
The Prince of Wales has no intention OF visit
ing California next year. l am, sir, your obedi-
ent servant. FRANCIS KNoLLYs.
f. r. PORTER ESQ.
Mr.. Porter regrets that he is not person
ally acquainted with his Highness, as he
had set his heart upon the Wales children
to his gallery OF celebrated men and women,
actors, actresses and aristocrats.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
DODGING SHERIFFS.
Lorin's Retired Saloon Keeper May YET
Have to Answer to a Charge
of Murder.
OAKLAND OFFICE SAN FRANCISCO CALI
903 Broadway, Dec. 26.

of Murder.
OAKLAND OFFICE SAN FRANCISCO CALL
903 Broadway, Dec. 26.
Albert Menzenmeyer, who created con-
sternation at Lorin with pistol Christ
mas eve and seriously shot John R. Per-
kins in the lung, is still at large. Sheriff
White is not satisfied with the efforts made
to hold Menzenmeyer prior to the time he
shot Perkins
1t has been shown by investigation that
he was running about the streets in Lorln
for four hours flourishing a pistol before
he was taken in charge by his wife, at
which time he shot Perkins. He first went
into a saloon kept by one Lamm and there
knocked down Albert Simon. After this
he shot two bullets into the ceiling and ran
out. Even after tins affair an hour
elapsed before the Sheriff's office was noti-
fed.
After shooting Perkins. Menzenmeyer
went to his home at Lorin and Las not
been seen since. 1t was reported that he
was in Jail few hours after the shooting,
and much surprise was expressed yester-
day when it was known that he was still
at liberty.
Mrs. Meme nmever said this morning
that she did not know where her husband
was and had not seen him since the shoot
ing. The Sheriff sent out two men to-day,
but they have not located the man. He
was for many years saloon-keeper in an
Francisco and kept the Fair Wind resort
on the water front, and it is presumed he
is in hiding over the bay, as he was re-
ported to have been seen at Sixteenth
street depot after the shooting.
Perkins is in critical condition and his
lung is considered very weak through fire.
quent hemorrhages. 1t is by no means
certain Menzenmcyer will not have to
answer charge of murder.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
WRAPPED IN TARPAUL|N.
How an Engine Is Kept in
a Condemned Fire
Building.
rs LIKELY TO DISAPPEAR.
The Board of Health Would Like to
Better the Condition of Fire
Ladies'.
rs LIKELY TO DISAPPEAR.
OAKLAND OFFICE SAN FRANCISCO CALL

908 Broadway, Dec. 26.
The Health Office has once more con-
demned the historic Sixth-street engine
house, but still the firemen who inhabit
the wretched quarters have no hope of re-
lief 1t has been pronounced unfit for
habitation for many years. and still it is
falling to pieces, is causing the wanton
waste of valuable municipal property, and
is actually endangering the lives of the
firemen.
The SiXth-street engine-house was built
twenty-three years ago, and has been al
lowed to decay ever since. 1t is without
exception the most wretched building in
this city, and no one who has not seen it
will believe the horrible condition it is in.
Two of the three ornamental pillars that
originally supported the holdings of the
entrance have long since fallen down, and
have not been seen for years. Recently a
portion of the ornamental head of a column
Tell down and seriously cut fireman S
hand. The doors are patched worse than
any waterfront rookery and the roof is
like sieve. Yet within this place eight
men live, four horses are kept and about
$4,000 worth OF valuable property is allowed
to depreciate.
Said the driver to-day:
There is danger of the heavy engine and
fire truck sinking through the floor at any mo-
ment. We have to keep moving the engine
about TO prevent its resting too long on one
part OF the floor. The edges of the boards are
all eaten away and the wainscotng around
the interior is in dust and splinters half way
up from the floor. There is not single inch
of wan that is not rain-soaked and the roof is
like filter.
But where we suffer most is in the rooms.
We live over the horses and that needs no ex-
PLANTATION TO express our discomfort Whenever
it rains the water comes in and we have to put
the tarpaulins over the engine and truck. The
place has been condemned many times before,
but nothing has been done.
The freman's description does not do
the rottenness of the building Justice. 1t
is far worse than represented. There are
many places in the floor where foot can
be pushed through within three feet of
where the heavy engine is placed, and the
walls are worse than those of thousands OF
deserted shanties. Should fire alarm be
turned in while the engine is in masquer-
aiding costume a couple of minutes would
be lost in undressing it.
1t is not likely that the condemnation
proceedings will produce any marked i'm
provement, as there is not any money
available at present for repairing engine
houses.
a requisition for few dollars was made
to-day and two panes of glass were put in
q leaky skylight. But the work done is
simply farcical, as it is entirely lost on the
old rattletrap of building.
The only fireman who finds life tolerable
is one who has built an airshaft from his
room through the roof, and in other ways
done what the city should do for it's en-
Moves
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27

the order of the evening will be the Of
fetal reception of the great chiefs, which
will be followed by the adoption of pale
faces who have been found astray in the
forest. 4 banquet will then be served.
The committee from the local tribes
having the reception in charge are ac-
lively engaged in making preparation for
the event.
Great Chief Patton is the first great in
cohonee to visit the reservation of Cali
fornia, and the desire is to so entertain
him that when he returns to the reserva-
tons east OF the Rockies he will give such
a glowing account of his treatment by the
local Red Men and Of the resources OF so
fruitful a reservation that his successors
will all desire to follow in his sfootsteps to
the land by the sunset sea.
All Red Men residing in or visiting
this reservation are cordially invited to
be present.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-27
POSTOFFICE CLERKS.
They Give an Enjoyable Banquet to
Their Superintendent.

Superintendent J. l.. Meares of the CEN
trail Postoi1ice was the guest of honor at an
enjoyable banquet and reception ten
dered him last Sunday night by the clerks
of the department. The occasion was
marked by an absence of formality, which
rendered it more pleasant. Superintendent
J. Mannix OF Station d offciated in the
capacity of POSTMASTER, and distinguished
himself in that exacting position.
Mr. Meares made short but taking
speech, which was received with the most
cordial expressions of applause, and
Messrs. MCGOWAN, Douglas and Maloney
enlivened the affair with number of
well-chosen musical selections. Messrs.
W. E. Morrison, f. Griffin, A. Imbre, c..
Curry, w. T. Douglas ana J. ]. Carroll
made short addresses appropriate to the
occasion The affair will be remem bered
with pleasure by all who took part in it.