davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-07-03

gently for the last two weeks, and are in
better form. Phelan is now thoroughly
ACC TAINTED with his new skiff. and feels
sure that he will keep the others hustling.
The men who will represent the club in
the junior skiff are Andrew Carroll and
F. BuIlanger, two very promising scullers.
1t is to be regretted that no provision
for senior race has been made, as the
new intermediate crew, that won SD hand
ily from the Oily pics at Ell Campo. are
very anxious to line up against the Mid
gets. They intend, however, TO continue
training, and expect to enter for the cham
pionsnip regatta TO be held IN the latter
part of the year.
The personnel of the junior crew to rep
resent the club in to-morrow's race Is not
as yet known, but good strong crew will
doubtless be chosen.
On last Sunday morning over thirty
skiffmen left the different boathouses.
Skiff-rowing is becoming more popular
every day and some lively races are an
ticipated in the next championship re-
gatta between Juniors and seniors.
The Dolphin boys are highly elated over
the showing their men made in the last
regatta, and if the interest continu they
will have two or three barge crews In the
Championship races.
The Alameda barge crews dislike the
idea OF always borrowing boat to race
in, and have decided not TO race again
until they have barge of their own.
The Dolphin junior crew will not row
in to-morrow's regatta, but will enter in
the championship events N October.
L. ]. Kennedy has just returned from
Yachting cruise, and Mr.. Hopkins is en-
ioying deserved vaca ton at Santa Cruz.
Alex Pape, the Dolphin crack, is rest
ing prior 10 training for the club medal
race, which he has won once.
The club regatta will be held some Sun
day IN August, and will have to be rowed
in heats owing to the number of entries
received.
Those that have signifed their intention
of entering are: 7. ]. Kennedy, Alex
Pape, William Meyer. Al Shields, Gus
Pare, T. K. Kunan, w. o. Patch, W. J.
Schumacher, E. J. Blennerhassett and
viii Laib.
Pape will not have such an easy race
next time, as all the entries are training
hard and expect to win.
The Dolphins will make an excellent
appearance at the regatta tomorrow in
their fine six-oared barge, John Wieland.
Captain w. o. Patch Will be in command.
The San Francisco call., 1897-07-03

The lawn tennis tournament at San
Rafael is well attended. Some very ex-
eellent games were played yesterday and
the contests of to-day will be witnessed by
a large crowd.
On Sunday the oarsmen will hold re-
gatta of Long Bridge, foot of Third street.
and the first race will be called at IL A. N.
sharp.
The Interstate Coursing Club will give
a first-class days sport tomorrow at In
gleside.
Anglers are now having splendid sport
on stream and lake and the lovers of
shooting can choose from number of
events which will be held on Sunday and
Monday. The principal feature will be
the tournament at Monterey.
The San Francisco call., 1897-07-03
Bay Fishing.

Bay fishing Is improving and fair
catches OF rockcod, sea trout, tomcod and
various kinds of fish are reported daily
from the Sausalito and Tiburon fishing
banks.
On Tuesday last Frank Thomson, the
weIl-known angler, and two friends
caught about eighty pounds OF red and
blue rockcod at Poin. Cavallo the largest
weighing three and half pounds and
four of them weighing over two pounds
each.
On the same day Thomas O Conner and
companions caught sl1iy-eiehty pounds
of red rockcod and one nine-pound green
codf fish inside of the Lime Point fog
whistle. Several good catches have also
been reported from California City and
the Angel Island fishing banks.
kingfish are quite plentiful in Pilot
Cove, INSIDE of Point Bonita. Considerable
numbers of these game little fish are also
caught on the fishing banks in front OF
Sausalito and the tide-gauge station near
Yellow Bluff.
Tomcods and few founders are also
caught in the same vicinity.
The San Francisco call., 1897-07-03
THE REGATTA.
Crews That Will Contest for Hand
some Prizes To- Morrow.

some Prizes To- Morrow.
The regatta which will take place over
the Long Bridge course tomorrow
will start promptly at IL A. NJ, and the
distance of the races will be one and 9
half miles with turn.
In the junior outrigger skiff race Cal-
Iopy, Cooney and Ochs will represent the
Pioneer Club; f. Bulger and E. Carroll
will wear the Ariel Club coIors; Bob Nc
Arthur and some other oar.men yet to be
named will fight the aquatic battle for
the South End Club; the Alameda Club
will be represented by Ayers and Stamer
the Dolphins will enter crew later.
In the senior outrigger skiff race DR..
Dennis will represent the South End Club,
and the Ariel Club will be represented by
McCausland, Paul and Phelan.
The Pioneer, Dolphin, Ariel and South
End Rowing clubs will enter crews to-
morrow for the junior barge crew con-
test, and all entries must be in before IL
O'Clock of the day of the races. The Of
fieers of the dav are: Referee, J. T. Sui
liyan: starter, ". Thomas; marshal of the
course, James Cronin; timers, Dave VIII
hanson, Walter Blake. James McElroy,
Frank Stab and w. B. Hinchman
judges, Adam Schubert. Joe Laib. John
Klunder. Richard Ca!opy, Johnson
Fred Ayers, S. ScoYern, NJ. Collins and
William Hallett.
1t was not decided at last evening 8
meeting of the rowing com mittee where
the championship races will be held, but
it is almost safe 10 say that the cham
pionships will be decided over the Ell
Campo course in August or Septembe
The principal event in the regatta will
be the race between the Whitehall boats
from Folsom and Valleio-street wharves
and Meiegs wharf. The entries are the
Stewart Menzies, sailed by "Oid Man"
Crowley the Governor Budd, sailed by P
Crowley; the Nose Gunst. sailed by J.
Sennett; the Chief Lees, sailed by r..
Hawkens; the George w. Root, sailed by
w. Filzxerald; the John L. Sullivan,
sailed py Tommy" Hayden; the J. M.
Shotwell, sailed oy Mike" Fitzgerald; the
Z. ]. Dobin. sailed by M. Bean; the
Shenandoah, sailed by James Farrell; the
Martin Bulger, sailed by Tom" Murray !;
the Delaphene, sailed by T. Lyons; the
Senator FAIR. sailed by w. Clark; the
Erin Go Bragh, sailed by w. Fitzgerald !;
tie Fred 2. Callunden, sailed by harry
Johnson; and the Volunteer, sailed by S.
]. Engel. The course is the usual Corin-
THAN Yacht Club test, and should the
wind be favorable the contest should be q
close one.
At the late regatta at Ell Campo the
Ariels found their expectations rather
rudely shaken. To see three of their pet
scullers defeated at the very outset was
CALLING and disheartening. 1t proved a
good lesson, however, as McCausland.
Paul and Phelan have been training dill
The San Francisco call., 1897-07-03

San Francisco Fiy-cesting Club will de-
eide who shall represent the club at the
great National f1y-casting contests of the
Chicago Fly-casting Club on August 13
and IA. On that occasion there will be
six events-three hy.casting and three
lure-casting-with diamond medals as the
prizes. San Francisco will b. represented
by the club member with the best '97
averages, and this is understood to mean
Mr.. Mansfield or Mr.. Golcher, though The
averages have not been made up yet and
this months results must be reckoned in
with the other contests.
The San Francisco call., 1897-07-03
Lawn Tennis.

The games for championship honors at
San Rafael are well attended. The play.
ing of yesterday was first class, and doubt
less even better sport will be witnessed to-
day when the experts will line up before
the nets. The finish of the tournament
Will occur On Monday, when lovers of the
game from many parts of the country
will attend. The result of yesterd avs
games will be found in another depart
ment of the paper
The San Francisco call., 1897-07-03
Handbali.

Kilgallon and Healy have prepared an
excellent programme of events for the
Fourth, which should attract a large
audience of the Occidental court:
7. F. Bonnet and Ed Maloney will play N. j.
KiIgallon and r. Lenihan (the overland
swiper), w. J. Healy and I. Lydon wllI play
VI. Coghlan and J. J. Moran, NJ. Murphy and
2. J. Silk will play 7. Murphy aud J. J. Silk
for barrel OF beer, N. Hession and C. Rodden
will play ]. Roduy and P. McVey, W. Hassell
and W. Collins will play NJ. Hassell aud Al
Collins, DR.. Dowling and ]. Shaw Will play H.
Craig and P. Pendergast, P. commit will play
P. Kennedy for French dinner.
Friday, july 2, at 2:3O P. NJ, Nj. j. Kill
gallon and j. Reardon defeated J. c.
Nealon and P. I. Donnelly, the amateur
champion. Score as follows: 21-11,
9-21, 21-14, 18-21, 21-8.
The San Francisco call., 1897-07-03
THE YACHTSMAN.

All the Clubs VIII Cruise to Vallejo
To-Day to Celebrate the
Fourth.
Very few yachts will be seen on the bay
tomorrow, as all the clubs have cruised to
Martinez and Vallejo.
The Corinthians will set sail for Mar
tinez this afternoon, and on Monday will
sail down to Vallejo and join the other
clubs in celebrating the Fourth.
The Speed well. Clara, Pride, Ella and
Mike have been thoroughly overhauled
and bottoms painted during the past
week, and there will surely b, an exciting
race between these large boats on tho re-
turn to their moOrings.
Honorary Admiral von Schmidt was
present with the beautiful Wallace trophy
last Thursday evening. he having won
the cup second time with his yacht
Whirrwind.
The great cup was filed with punch and
jolly time was enjoyed by the Califor-
MAS and their guests.
The San Francisco call., 1897-07-03
Baseball.

The baseball games announced to take
place tomorrow are: Union Iron Works
team vs.. Davy Crocketts at 1890 p NJ. and
the Kohlberg, Strauss & Frohman team
VS.. Hale Bros. at 2:30 p N. These game
will be played on the Sixteenth and Fol-
som street grounds. At the Presidio
grounds the United States regulars will
piav the Conway & Baumels at p NJ
At Central PARK the Santa Clara and
The San Francisco call., 1897-07-03
AUCTION IN COURT,
Judge Carroll Cook Succeeded IL
Getting a Good Price for
Drugs

There was lively scene in Department
9 of the Superior Court yesterday when
The sale of the dru store belonging to the
estate of Henry B. Shaw was called for
confirmation. Judge Carroll Cook, who
was sitting for Judge Coffey, thought the
written offer OF $1,000 was made quate and
called for additional bids. This invita-
tion evoked q spirited contest and the
price was quickly run up to $3.50, at
which price the sale was confirmed. 1t
was evident that Judge Cook greatly
reiished the incident. and he was appro-
priately pleased with his success as an
auctiOQeer.
The San Francisco call., 1897-07-03

Santa Rosa teams will line up at3 P. N. to-
day, and on Sunday the Reliance of Oak
land will play the Hum boldts of the
steamship Pomona. On Monday the Sac
ramentos will play the winners of Sun
days game.
The San Francisco call., 1897-07-03
John s. Capron's Will.

The Will of the late John s. Capron has been
filed for probate. The greater part OF the
estate is bequeathed in trust to Judge A. l.
Fitzgerald of Nevada. Liberal allowances are
made for relations of the testator
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10
DISTRICT COURT OF YELLOW MED
ICINE INDORsEs THE RAILWAY
COMMISSIONERS RULING.
DECISION I'M HANLEY Y CASE.
JUDGE POWERS FINDS THAT JA-
COBsON AND OTHER LAC QUI
PARI4E PEOPLE
ARE RIGHT I'M THEIR CONTENTION.
Orders the Desired Connection of
the Two Railroads by Suit
abe Track.

Assistant Attorney General Edgerton
mas received notice Of decision of an
interesting case tried in the district
court of Yellow Medicine county, be-
fore Judge Powers The action is en-
titled Jacob f. jacobson vs. the Wis
consin, Minnesota & Pacific Railway
Company and the Willmar & Sioux
Falls Railway Company" While the
suit itself is a matter of comparatively
small value in dollars and cents, it de-
termines a very interesting point IN
railway law.
The plaintiff is resident of Madison,
IN Lac qui Parle county, and is engaged
in the business of shipping cattle,
grain, etc. The lines of the two deten-
dant railway corporations intersect and
cross each other at Hanley Fails, IN
Yellow Medicine county, at point ~
to 20 rods from their respective depots,
and in such a manner that it is easy
and convenient for them to provide
transfer facilities from one ROAD to the
other-but they have failed to do SO,
and refuse to do so.
The farmers and shippers along the
line of the Wisconsin, Minnesota d Pa
cific, west of Hanley Falls, raise cattle
and wish to ship the same to market;
the natural markets. Arrest. Paul, Mime
apolis and Sioux City, To-, but to reach
the latter placesit is now necessary to
ship to Hopkins station, near Mime
apolis, and there transfer to the Chi
cago, st. Paul, Minneapolis q Omaha
for Transportation to Sioux City. This
is distance of $50 miles, whereas II
transfer arrangements were made with
the Willmar &ISioux Fails at Hanley
Falls, it would, be only ISL miles. In
the shipment over the longer line the
cattle are kept in the cars much long
er, and there is considerable loss by
shrinkage.
The expense of transferring cattle
or grain from one road to the other
at Hanley Falls, by unloading an0 re-
loading the same, in addition to the
freight rates ON both roads, would
make it impracticable. The people also
claim they could find better market
for wood and posts if they had trans
fer facilities. So a number of the ship
rers,, headed by Mr.. Jacobson, brought
this action against the companies to
require them to put in a transfer at
Hanley Falls. The matter was first
tried by the state railroad and ware
house commission which decided in
favor of the plaintiff. The railroad
companies appealed to the district
court which now also finds for Mr..
Jacobson, holding that it is the duty
of the defendants and they are re-
quired forthwith to put in and con-
struct for the purposes aforesaid. at
said place Of intersection, a track OF
the same gauge as the tracks of said
companies, upon arcurvee commencing
at a point in the center line of the
main track of the Wisconsin, Minnie
sofa & Pacific railroad and running to
the center of the track of the WilIlnar
& Sioux Falls road, together. with the
necessary switches, etc.
Attorney General Childs and AS
sistant Edgerton were the attorneys
for Mr. Jacobson.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10
WILL COME OUT EVEN.
JunketiHS Editors Have balanced
Their Cash Accounts.

Secretary C. P. Slime, of the Min
nesota Editors and Publishers associ-
alton, reports that the association will
come out even on it's recent junketing
trip to Detroit, in the matter of financa s
Which is Vely satisfa Glory Wav to
nave the balance The executive COM
mlttee figured the expenses down to
the lowest notch and calculated on
a basis of a crowd of over 100. Three
or four days before the date set for
the excursion all the details of the trip
mad been arranged, but the crowd
hadn't signif1ed it's intention of going.
In this dilemma, Secretary Slime sat
down and wrote about a hundred
personal letters, urging the members
OF the association to be sure to attend:
this had the desired effect. but consid.
cradle amusement was occasioned on
the trip when the boys got to compar-
ing their personal letters.
There was only one editorial excur-
SIGN on which the association came
out Gin the hole" on the expense ac-
count; that was four years ago. on
the trip to Buffalo on the steamship
North West. However as soon as this
state of affairs was made known to
the crowd, voluntary subscriptions
poured in at such a rate that there
was surplus of about $500 left on
hand. This was used in getting out a
little souvenir of the trip, a brochure
edited and compiled by Mr.. Slime and
E. A. Paradis.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10

land owner to purchase her land for
an illegal purpose; the land owner
knows the purpose for which the prop
erty is TO be used, and knows that the
officers have no power to buy land for
such a purpose The deed of convey
ance is rendered and accepted; the
officers refuse to pay the purchase
price, invoking their own want of pow
er to defeat this action for its recovery.
Is the deed void or valid?
There seems to be a line of authori-
ties holding to the following doctrine
stated in Dillon on municipal corpora
items:
whether a municipal corporation,
with power to purchase and hold real
estate for certain purposes, has acquir-
ed and is holding such property for
other purposes, is a question Which
can only be determined in a proceeding
instituted at the instance of the state;
il there is capacity to purchase, the
deed to the corporation diveSts the
estate of the grantor and there is
complete sale; and whether the cor
poration, in purchasing, exceeds its
power, is a question between it and the
state, and does not concern the ven
dor or Others
This doctrine seems to have been
adopted in analogy to the rule in the
case of private corporations. 1t is to
be noted that in no case cited has the
question arisen upon the defense of
the municipal corporation to an action
by the vendor for the purchase price.
Nor does there appear to be case
where the incapacity of the municipal
corporation to take the property ap-
pears on the face of the instrument
pu1porting to convey it, or where the
vendor has full knowledge of that in
CAPACITY.
court has settled this question ad-
versely to the plaintiff Here
the court cites cases in point decided
by the supreme court of Minnesota in
which the court held that for reasons
Of public policy, the law wisely I'M
putes to every one transacting bust
ness with public officers who are act
ing under limited statutory authority
full knowledge of the extent of such
their official power and authority. The
supreme court further held that if the
acts of the county board were I'm
auth arized, they would not be binding
on the county and no party dealing
with them will be permitted to recover
from it the value of his services for
work done under such void authority
In conclusion Judge Bum cites the
following language of the supreme
court: County and municipal corpor-
atlons are created wholly for govern
mental purposes and not for the trans
action of any business for pecuniary
profit, and the exercise by the public
officers of powers not granted is no
less than an assumption to change the
policy of the state with respect to
county government. A just regard for
the public welfare will not permit
the court to compel the performance
of contract like the one in CUES
ton"
THE language above quoted', adds
judge Bum, Seems to me to be di-
rectly applicable to this case. There
is presented by the complaint here a
case where "a Just regard for the pub
lie welfare will not permit the court
to compel the performance of a con.
tract like the one in question: My
conclusion is, therefore, that the deed
is void and that the plaintiff cannot
recover in this action"
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10
NEW CAPITOL BIDS.
Plenty of Competition for Building
the Superstructure.

Plenty of Competition for Building
the Superstructure.
This afternoon the new bids for the
superstructure of the state capitol will
be opened at the Office of the commits
sion in the Endicott arcade, and it is
assumed that there will be about as
many as there were in the first in
stance. although the list will not be
precisely the same Some fourteen
firms have taken the specifications pre-
sumably to base their estimate upon.
and the list will probably include most
Of these.
These new bids were asked for by
the commission for a variety of rea-
sons. chief of which was that it was
found necessary to amend the specifi-
cations, thus changing the basis of
figuring. There were other reasons
among them that the estimates were
in most cases too high, and made in
such shape as to preclude the POSSIBLE
ity of making an absolute comparison.
Most of the members of the commits
sion reached st. Paul yesterday, and
the balance are expected this morning.
The new bids will be formally opened
at o'clock. The bidders will be: Hen
messy & Cox, Butler-Ryan Co., Lauer
Bros, George j. Grant, st. Paul; w.
G. Baxter, John Wunder Co., J. L. Re
cord, H. N. Leighton Co., Pike & Cook
Minneapolis; Norcross Bros, Worces-
ter, Mass; o. J. King, Omaha; Jona-
than Clark & Sons Co.. L. L. Leach &
Sons, Macarthur Bros. Co., Chicago,
and Snead & Co., Louisville.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10
KLoNpIKE KURIosITY.
Quartz Nugget From the Place
Where Placer Mining Is Good.

Anything for advertising. In the
window of a Seventh street establish
r1ent is a very large nugget of quartz
with thick seams of something that
looks like gold radiating in every di-
rcction-its a rich looking specimen
that many a professional burglar would
risk capture from any of Chief Goss'
police to possess, if it's right. What is
most remarkable about this mass of
yellow metal and creamy quartz. is
that it is labelled as coming from
Klondike. AS the mining in Klondike,
so far as anybody has ever heard, is
of the placer variety, there being no
quartz mining in that part of Alaska,
a reporter dropped into the place to
look at the novelty and find out who
was strong enough to carry forty or
fifty pounds, more or less, of stone,
when he might have washed out fifteen
or twenty pounds of gold dust and car
ried it. The proprietor of the place
says, it doesn't belong to him, in fact,
he doesn't know just who it does be-
long to. 1t was left with him for ex-
hibition purposes by man from
Peoria, ILL.,, man by the unfamiliar
name of Smith, but it doesn't even be-
long to Smith; it is the property of
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-10
IS IT IN OMISSION?
THAT IS THE HEART OF THE
MISSAEE MINING TAX
PUZZLE.
FACT THAT REALTY TAXES
ARE ADJUSTED ONLY In EVEN
NUMBERED YEARS CAN ONLY
APPLY
If They Are Omitted, Then the Pres
ent boards Have the Right
to Assess.

Some question having been raised
in connection with the repeal of the
old tonnage tax on mining products,
AS to the power of the county and
state boards of equalization to add
the mining properties to the present
list of real estate on the tax rolls,
the question has been referred to the
state authorities for determination.
The claim made by the friends Of
the mining companies in this particu-
lar case. which is evidently but pre-
text to delay the main question of the
validity of any assessment of mines
on their contents or estimated value,
is that as realty assessments are made
but biennially, the assessment boards
have no right to pick out mining prop
critics and make a separate assess
ment of them, while permitting the
assessments on other property to re-
main as they are.
The point involved has been submit
ted to Attorney General Childs, who
holds that the only problem at issue
is whether or not the mines are at
present omitted Values If they are,
they may be added to the valuation at
eeiS tiIiiC. IL lICy eiAC 1iOI, lllSIi Vie
board of equalization Of ST. Louis
county has no right to modest them.
The friends of the repeal of the ton
mage tax argue that while the tonnage
tax was, by the express terms of its
passage, in lieu of other taxes on the
property, it's operation acted as a bar
to further assessment by the local au-
thorities. With the repeal of the law.
however, they insist that the bar no
longer exists, and will demand that
the county officials proceed to make
a valuation of the mines.
Action will be taken in the matter
one way or the other at Duluth this
week.