davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1896-02-26
THE COUNTY FEE BILL.
Attorney General Fitzgerald Give
County Officers Valuable Points.

Attorney General Fitzgerald Gives
County Officers Valuable Points
The county fee bill does not seem to be
we'll understood by many of the officers of
the State. Atrorney-General Fitzgerald, in
response to various requests from county
officers, has determined that under the
new fee bill it is the duty of the County
Clerk to collect 25 cents, first, for affidavits
made before him by persons having claims
against the county; second, on affidavits
so made by pension claimants attached to
their vouchers, for the reason that the act
of 1895, com monty known as the fee bill,
repealed the act passed in 1887 (statutes
1887, 81 authorizing the County Clerk to
certify affidavits for United States pension
claimants without demanding or receiy-
ing fees or compensation.
Upon this same subject the Attorney
General has also held, first, that no charge
shall be made by the County Clerk for
taking affidavits in the matter of applica-
tions for marriage licenses, az the affidavits
are a part of the service necessary to the
issue OF the same, for which the charge Of
81 is provided; second that clerk should
make no charge for taking affidavits in the
matter OF the registration of voters nor for
filing the same.
He further holds that no charge should
be made for filing official bonds or certifi-
Gates of appointment to office. specific
exception is made as to such bonds and
appointments by the fee bill. (Statutes
1895, page 26Sl And, finally, that no au-
thority is granted by law to the clerk of
the Board Of Supervisors to take affi-
dayitS,
The San Francisco call., 1896-02-26

special and local, it is at variance. with
various sections OF the constitution, and
it is special law in regard to elections,
something which the legal system of this
State does not tolerate.
There were two cases decided-one from
Sacramento and one from Los Angeles
but the one from Los Angeles presented
the issues more directly and was therefore
more minutely considered than the Sacra-
mento case.
The case from Los Angeles was an, ap-
peal from the decision of Judge Van Dyke
in the case of Martin c. Marsh against the
Board of Supervisors of Los Angeles
County. Marsh sued to have the Super
visors restrained from purchasing ballot,
boxes and other necessaries for the primary
under the new law. Judge Van Dyke
granted the injunction which Marsh
sought, and the Supervisors appealed.
The Supreme Courts decision was as fol-
lows:
This is q suit by taxpayer to enjoin the de-
the county for the purchase of ballot-boxes
and the payment of other expenses involved in
carrying out the provisions of the act of March
27, 1895, commonly known as the primary
election law. The claim of the plaintiff is that
the act is local and special, and therefore un-
constitutional and void. This contention was
sustained by the Superior Court of Los Angeles
and the injunction granted. Appellants appeal
from the judgment
There can be no question that the act is local
and special since by its terms it is to "apply to-
take effect in and be in force only in counties
OF the first and second classes" that is to saw
in San Francisco and Los Angeles
The constitution allows the classification of
counties according to population for the pur-
pose of regulating the compensation of county
ofhcers in proportion to their duties, and for
that purpose a classification has been estab-
lished under which San Francisco falls into
the first class and Los Angeles ia lis into the
second class. But the fact that these and other
counties of the State have been classified for a
purpose which the constitution recognizes as
a proper and necessary one does not relieve a
from the objection that it is local and speciaI
If by its it is limited in its application or
operation to one or more classes of counties
less than the whole. This act, therefore. not
being a regulation of the COMPENSATION of
county officers is local and special notwith
which constitutes one OF the classes defined in
the county government act, and the only
question to be determined is whether or not
the subject of the act is one of those as to
which special and local legislation is Inhibited
by the constitution
| tions, l. e., the election of delegates TO nomi.
mating conventions, and not only in its GEN
eral scope and nature, but by various specific
provisions, is made an essential part of the
general election law OF the State. By section 81
for example, it is provided that no candidate
a candidate for public Office at any general
election In this State unless he shall have been
nominated by a convention composed Of dele
gates chosen as the act provided. or nominated
The San Francisco call., 1896-02-26

| tude, but he does not deny that section 26
makes 1t unconstitutional If 1t is allowed to
stand. He suggests, however, that we should
hold that section, void (he would have to in
clude section % aiso) and the act valid
throughout the State. If we should do so we
would be imposing upon the whole State a law
which it is clear the Legislature intended to
apply in only two counties, and which would
nototherwise have passed. This we cannot do
as it would be nothing short of special legisla
ton.
If the act is beneficial as it is claimed it is
to be regretted that it cannot stand. but as we
have more than once been compelled to re-
mind the defenders of special and local laws
we cannot have the advantage of such legisia-
ton when it is good under constitution
which strongly prohibits it upon the assump-
tion that it is generally bad.
The Judgment of the Superior Court is
affirmed. BEATTY, C. j.
We concur:
MCFARLAND, J.
HARRISON, J.
GAROUTlE, j.
VAN FLEET, j.
TEMPLE, j.
HENSHAW, j.
The case from Sacramento was the one
first filed. w. A. Gett sued to have the
Supervisors of Sacramento County ap-
point the names required by the law from
which the primary election officers would
be drawn. He commenced an original
proceeding in the Supreme Court in order
to obtain an immediate decision, but the
court holds that Sacramento was not in
terested in the matter at all. as the law,
unconstitutional a, it Is, applies only to
cities and counties of the first and second
classes, and Sacramento belongs to neither
of these. The proceedings brought by
Gett are therefore dismissed, the follow
ing opinion by the court explaining the
reasons for such action:
This is an original proceeding in which the
pc titoner asks a writ of mandate to the Super
visors of Sacramento county, commanding
them to perform the duties imposed upon Elec-
tion Commissioners and Boards of Supervisors
by the act of March 81, 1895, relating to pri-
mary elections.
The act, by its express terms, is restricted to
counties of the first and second classes, and
consequently has no application to Sacramento
County of San Francisco and the county of Los
Angeles, unless the contention of petitioner
can be sustained that the classes referred to in
said section 26 are those defined in section
40O6 of the Political Code as originally enacted
which reads as follows:
Sec. 4O06-For purposes other than roads an d
highways the counties of this State classified as
follows:
/. Those containing 10000 Inhabitants or over
constitute the first class.
2 Those containing 5000 and under 20, 900 IN
habitants constitute the second class; and
8. Those containing less than 5000 Inhabitants
constitute the third class.
This section was a part of title II of part "
OF the Political Code relating to the govern
ment of counties as the same was regulated
prior to the adoption of the present constitu-
ton. BY the act of March IA, 1888, entitled
County and Township Government" the whole
law upon this subject was. revised and the old
law in most cases superseded.
This being SO. 1t is extremely doubtful
The San Francisco call., 1896-02-26
SCIENTIFIC KITE FLYING.
An Accident Interrupts an Experiment
With Them Yesterday.

An Accident Interrupts an Experiment
With Them Yesterday.
Another experiment in kite-hying was
made by the United States Weather Bureau
yesterday from the roof of the Mills build
ing with the object of determining the
feasibility of obtaining the meteorological
conditions of the higher atmosphere The
purpose yesterday was simply to test the
action Of the kites in stiff breeze, and no
instruments were attached to them.
The bureau has thirty-three kites, the
idea being eventually to fly the entire
number at one time and secure atmos-
pheric data from the regions two or three
miles above the earth.
Seven kites were sent up, when the main
string broke, ending the trial. All of the
kites were subsequently recovered There
was abou. 1000 feet of the main string out.
and each kite was attached to it at a dis
tance OF 1000 feet by q branch cord 200 feet
in length. The wind was blowing eleven
miles an hour, and the kites scared at an
angle of about % degrees. 1t was esti-
mated that the highest reached an alti-
tuoe of about 3400 feet. The kites, after
they broke loose, lowered over the bav.
one Of the kites having caught on a wire,
and thousands OF people watched them
along the water front.
The San Francisco call., 1896-02-26

whether the classification established by Sec
ton 4006, supra, is continued in force for any
purpose whatever. but conceding that it may
be in force with respect to some matters regu-
lated by statutes passed prior to the new CLASH
fication contained in the act of 1888, we have
no doubt that the reference in the primary
election law is to be the classes defined in the
latest county government act and not to the
classes established by section 4006 of the
Political Code. 1t follows, therefore, that
neither this petitioner nor the responder is
have any interest in the determine ton of the
question which they have attempted to SUD
init. e., the constitu tionality OF the act of
March .27, 1895. and that it ought not to be
DECIDED upon such attempted submission.
Writ denied and proceeding dismissed.
BEATTY, c. ].
We concur:
MCFARLAND j.,
HARRISON, j.,
GARoUTTE, j.,
VAN FLEET, j.,
TEMPLE, j.,
HENsHAW, ].
AS may be seen, the court was unani-
nous in both opinions
The San Francisco call., 1896-02-26
ATTEMPT TO ROB.
The Police Investigating the Case of
George Knapper.

The Police Investigating the Case of
George Knapper.
The police are investigating the case of
George Knapper, who lives in Kramer's
lodging-house on Sansome and Pacific
streets. About 4 o'clock yesterday morn
ing he was found on the sidewalk in front
of saloon on Pacific and Kearay streets.
He was taken to the Receiving Hospital,
where a wound in his scalp was dressed,
and he was sent home. He said some men
had attempted to rob him and had struck
him on the head with some instrument.
When he got home he gave the landlord
a $50 gold piece to keep for him, as he was
afraid another attempt would be made to
rob him. Yesterday afternoon the land
lord found him unconscious IN bed, and he
was again sent to the hospital. DIR. Fitz-
simmons thought his skull might be frac-
tured, and he was placed in cot till a
thorough examination could be made.
He had 50 30 in his pockets.
The San Francisco call., 1896-02-26

few minutes and after reassuring the
passengers docked the Queen"
Chief Officer E. d. Parsons was in ''the
eyes OF the ship" when the collision oc-
Cured. 81 and two of the sailors were on
the lookout" he said, whether the bell
on the Strathdon was ringing or not | can
not swear. but l think it was not. We
were only a few feet away before we struck
and then the bell rang out merrily. II was
awful hard lines after such successful
trlp under such unfavorable circumstances
TO wind up with disaster at the last"
Fred Haywood the purser. had a narrow
escape. He was in one of the staterooms
swept by the jibboom of the Strathdon
ana mad only gone on deck about two
minutes before the collision took place.
"As 1t was, said he, 81 got a pretty good
scare and am only too thankful that it
was not worse one."
captain Phillips Jr. of the Strathdon is
confident that the bell on his vessel was
ringing and that vigorously when the
Queen was bearing down on him. He says
that when the big steamer loomed up he
at once began paying ont chain and had it
not been Tor that fact his vessel might nave
been cut IN two. Later In the day Captains
Metcalf, Thayer and Atwood, marine sur
veyors, went out to the bark and decided
that she would have to dock for repairs.
At Goodall, Perkins & Co.'s it. was
learned that the docking of the Columbia
would be delayed and that she will
go out in place of the Queen. The
Portland mechanics made an excellent
job ofthe Colum bias rudder post and she
is now as good as ever. Captain Goodall
is in hopes that the Queen will be fully
repaired by the time the Columbia re-
turns to port. Then the latter will go on
the drydock and the former will resume
her run.
The Queen has been one of the most un-
fortunate and withal one of the finest
vessels that mas piled on the Pacific Coast.
As before stated, she was built for Henry
Willard, then millionaire, ard Nas named
the Queen of the Pacific" While out
with an excursion party Wizards captain
The San Francisco call., 1896-02-26

and the Pacific Coast Steamship Com
pany's City of Chester about eight years
ago was vividiy recalled yesterday. 1t
was just such another morning and Just
about the same time of the year, The fog
on each occasion was SO thick that the
lookout could not see ten feet ahead
When the Pacific Coast Steamship Com
pany's crack steamer Queen started to
feel her way into port yesterday morning
Captain Green had her under a slow bell
and being sure of his ship, never thought
for an instant of danger. 1t was little
before A. NJ, and the tide was running in
strong. 1t carried the Queen along at a
greater rate than was calculated upon and
before either captain, crew or passengers
could realize their danger the steamer
was across the iron bark Strathdon's bows
and the latters bowsprit was raking fore
and aft.
Luckily the lookout on the Queen gave a
warning cry. and Captain Green managed,
in a measure, to sheer off. He also gave
the signal to the engine-room to stop and
go full speed astern. By his presence of
mind an awful catastrophe was probably
ayerted. Had the Queen struck the Strath-
don fair and square on her starboard quar-
ter the chances are that either one or the
other of the vessels would have gone down.
IN the .QdIk IL 10 hhCehCl dHy
of the people could have been rescued, as
the fog hung as close as blanket to the
waters of the bay.
AS it was things are bad enough. The
Strathdon lost part of her bowsprit, and
the remainder is so bent and shattered that
it will have to be replaced Three OF the
plates in her bow are strained, and the
prospects are that she Will have TO dock for
repairs As the vessel was loaded with
wheat for England and had all her crew
aboard, this will entail an expense that
will run into at least $4,000.
When the Queen emerged from the
collision her starboard side looked like q
wreck From the pilot-house to the alter
house on the hurricane-deck there was
almost a complete sweep made by the
bowsprit of the bark. Starting with the
end of the bridge, which was partly car
ried away, the work of destruction swept
aft. Three of the staterooms on the
hurricane-deck were wrecked. The next
sweep carried away two'ot the boats and
the dayits in which they swung Inc
boats were stove in and the. heavy IRON
davits at once took them to the bottom.
The two vessels kept grinding together
and the Strathdon's bowsprit next car.
ried away the two after boats, one or
which hung to the martingale OF the
bark and another was crushed between
the two vessels. All the stanchlons ana
railing for over $50 feet went at the same
time, and the big sailing-vesset's DOW
spirit was up against the dome over the
dining-hall of the Queen.
This donre is said to have been the pride
OF every crew that ever worked on the
The San Francisco call., 1896-02-26

Burns, Miss X. Blankshlp, Branden Clark, L.
H. Burns, Mrs. c. Hansen, B. Palmer, A. W.
the '' Misses B. 'i n. Lamar M H NJ L. Rogers sa
and wife, j. II. Sparker, Wilson John
son, E. P. Wilson, T. Kemish, Miss Rose
Kslton, Miss Josie Wilson, F. NJ: Harter, wife
and child D. Halla. o. Magette, W J. Barber,
John Delaiter, Charles Norton, Miss NJ. Ander-
son, Mrs. Nelson, Mrs. Rose Cook Mrs. Car
rie Johns, Miss Maud Neville G. A. Bigelow,
Minard, G. A. Block, J. H. Crawford, Miss c.
Rollins, DR.. ID. ii. Rand. Mrs. II. w. Llewellyn,
Miss Llewel2yn, Miss Nelson, Miss Rasch, Mrs.
H. Ralston, Miss Ralson, R. Rasch, L. G. Gar
nett F. W. Williamson and wife, William
Llewellyn, G. Dubad, Mrs. Dubad, Z. Wyman,
James Roach, Thomas Eustis, L. Altman, Miss
r. Lutt Miss Braggs.
Soon after the vessel was docked a care
ful examination was made, and it was
then seen that the deckhouses,. both fore
and aft, had been moved out OF plumb
and would have to be practically rebuilt.
The concise report OF the collision, made
by NJ. Fitzgerald of the Merchants Ex-
change is as follows:
The steamer Queen, inland bound from
Portland, coll1ded with the British bark
Strathdon, anchored in the stream off Lombard
street, at O'Clock this morning. The Queen
had about $50 feet of rail starboard side,
stanchlons and staterooms, from third officer s
IOOlU sdIl 10 JHe Qeck, ana OOme car
ried away, lost four boats with contents and
dsvits and other damages. The bark Strath-
don had jibboom and headgear carried away.
Captain Green gives the following ac-
count of the trip of the Queen: Eve left
the Columb bia River last Sunday" he said,
land from the start had to contend against
heavy fog. In spite OF this obstruction
we made splendid time down the coast
and on Monday night we were off the
Golden Gate: 1t was then as thick as
mush, so | determined to stand off and on
until morning. The fog seemed TO get
thicker and thicker as daylight approached
and finally, about 6 o'clock, determined
to make for port.
"lt was all clear sailing in spite of the
fog until we were abreast of Black Point.
Then the engines were slowed down and
from that time on every body was on the
qul yiye. l had three men stationed in
the bow and others on the port and star.
board quarters. One of the Quartermasters RS
was with me on the bridge and every one of
US was straining every sense to see or hear
what was before us. Suddenly one of the
men at the bow called out, "a vessel right
ahead, sir" | could not see any vessel as
it was impossible to see ten feet in any
direction. However, l ordered the wheel
over thinking to clear everything but
failed. Instead of being right ahead the
Strathdon, as / afterward learned was
living with her bow north-northeast and
was therefore on our starboard bow. When
/ first saw her we were about 10 cross the
bark's bow and were right on top of her.
The engines were reversed and we went
full speed astern, but it was too late and
the collision occurred. 1t WAS all over il
The San Francisco call., 1896-02-26

ran the vessel on the rocks and she SANK
After she was purchased by the Pacific
Coast Steamship Company she started one
day for southern ports with full carg o
aboard. One of the portfolios had been
left open and the vessel had to be raced
for Port Hartford, where she sank few
minutes after all hands had been landed
+ In August, 1894, she was run on Cor
morant Island, Alaska, and it was several
days before she was got off. Later there
was an explosion on board, while she was
lying at Seattle, and number of the crew
were dangerously injured.
The Queen had not been docked half an
hour before the work of repairing her was
begun. AS soon as her cargo is out she
will be taken to the Merchants drydock
and there overhauled.
The San Francisco call., 1896-02-26
THE CHARGE DISMISSED.
j. s. Bennett Discharged From Custody
by Judge Campbell.


by Judge Campbell.
]. S. Bennett, head engineer of the Pa
ciic Telephone and Telegraph Company
appeared in Judge Campbell's court yester-
day morning to answer to the charge of
battery preferred by his wife. When the
case was called Prosecuting Attorney
Forbes asked that the case be dismis ssed.
This was done.
Bennett was arrested last Thursday on
warrant sworn to by his wife. She made
various allegations against him, but none
of them held in court, ana so the case was
let drc.p Of its Own WeHkk.
The San Francisco call., 1896-02-26
WAS CRUSHED TO DEATH
Mrs. Harriet Wilbeck Is Killed
by a Mission.Street
Car.
Deaf and Almost Blind She Did Not
Hear or See the Advancing
Deadly Dummy.

Mrs. Harriet Wilbeck, Is years of age.
deaf and dim of eye, is the latest victim OF
the trolley-car.
The unfortunate old lady had taken ad-
vantage of the beautiful weather on Sun
day last TO visit the home or her son, at
Twenty. sixth and Guerrero streets, where
she spent the afternoon. On her return
trip she walked part of the way, until near
Nineteenth street, when, feeling somewhat
tired, she stepped into the street to hail a
passing car.
Another car at the time was speeding
westward and allowing it to pass, she yen-
tured further on, needless of the danger
bell which the east bound car was ringing.
She was either misjudging the distance or
else believed she had time to cross the
track AT any rate, she was struck and
rolled dozen feet before the motorman
brought the car to stop.
Mrs. Wiibeck was picked up and carried
to the. drugstore at the corner. She was
unconscious and bleeding from the nostrils
and ears
Dr. Charles A. Dozier, formerly of St.
Luke's Hospital, was called to attend the
lady and had her removed to her home at
225 Leavenworth street, corner of Eddy.
where she died yesterday morning at 2:25
o'clock.
The remains were conveyed to the un-
dertaking establishment. of Porter & Co.,
where an autopsy disclosed that five ribs
on the left side and the collar bone were
fractured.
The scene of the accident is on slight
downgrade, and the car was packed with
the usual Sunday crowd returning from
an outing. Those who witnessed the al
fair say that the old lady was hidden from
view by the westerly bound car, and when
she stepped on the track she was but a
dozen feet from the car that struck her.
The automatic danger bell was ringing
and the motorman stopped the Car as soon
as noSSihIe. but too late To- save her
The San Francisco call., 1896-02-26
NARROW ESCAPE
OF THE QUEEN.
The Steamer Was in Col.
liSion With the Bark
Strathdon.
HAPPENED ON THE RAW
Captain Green and His Lookouts
Could Not See Ten Feet
Ahead.
a VERY DENSE Fog PREVAILED
owing TO Detention for Necessary
Repairs the Damages Will
Amount TO $4,000.
a VERY DENSE FOG PREVAILED

The terrible fatality which accompanied
the collision between the Occidental and
Oriental Steamship Company's Oceanic
The San Francisco call., 1896-02-26
THERE IS NO
PRIMARY LAW.
The Supreme Court Has
Decided It Unconsti-
tutional.
IS SPECIAL AND LOCAL.
Election Laws Must Be AID.
plicable to the Entire
State.
TWO TEST CASES DECIDED.
Sacramento Had No Interest, So the
Los Angeles Case Carried the
Opinion.

The primary law'' has failed to survive
the scrutiny of the Supreme Court. 1t is
unconstitutional, the court says. 1t IS
Der Deutsche beobachter. [volume] (New Philadelphia, Ohio) 1869-1911, 1896-10-21
Mie lit pies.

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Der Deutsche beobachter. [volume] (New Philadelphia, Ohio) 1869-1911, 1896-10-21

= 9.e einsisen aueflilberm'rerl pom
geoeuiuus IN unlerem aanoe lno i'm
6taate California bele9e'l.