davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-10-23
LIABLE FOR DAMAGES.
Railroads Must Pay for Injury
to Freight Delivered to
Other Roads.
Connecting Lines Only Act as Agents
for the Company Making
the Contract.

A decision in regard to the liability of
railroads for freight they agree to trans
port was handed down by the Supreme
Court yesterday. The Colfax Mountain
Fruit Company shipped carload of fresh
fruit, consigned to New York by way OF
the Southern Pacific. The railroad COM
pany, according to the bill of lading. was
to ship the fruit by fast passenger-train
service. Their line only took the fruit to
Ogden, where it was transferred to the
Union Pacific, and on some of the lines
between that point and New York there
was delay. The fruit reached its destI-
nation three days late and was found to
be damaged by decay on it's arrival. The
fruit company brought suit against the
Southern Pacific in the Superior Court OF
Placer County and was awarded dam
ages.
An appeal was taken to the Supreme
Court by the Southern Pacific. The rail-
road claimed that 1t had fulfilled its con-
tract by Transporting the fruit to the end
of its line according to agreement, and
set forth that it was not liable for dam
ages sustained on the other roads.
The Supreme Court yesterday affirmed
the judgment OF the lower court on the
grounds that the Southern Pacific had
contracted to forward the fruit ITO its
place of destination" and not merely TO
Ogden. In carrying the freight from Og-
uen 10 New York the Union Pacific and
connecting roads acted merely as agents
for the Southern Pacific, which was the
original party to the contract and there
fore liable.
In the consideration of the case the dis
tincton between the worus "carry" and
forward" came up for decision. The
contract for Transporting the fruit con-
tanned the word forward three times.
The court held that as in the first part oi
the contract forward" meant the carry
ing of the fruit from Colfax to Ogden, the
word should be construed 10 mean
carry" throughout the instrument.
The San Francisco call., 1897-10-23
MISTAKE Of A
LAND SURVEYOR
Forced the Acquittal of
Lee Butcher and Jasper
Galpin.
The Crime Alleged to Have
Been Committed in the
Wrong Township.
Both Men Immediately Rearrested on
an Amended Complaint and
Will Be Prosecuted.

Several weeks ago the Tavern of Castle
Crag, Shasta County, narrowly escaped
destruction oy forest fire. which did con-
siderable damage elsewhere. Jasper Gal
pin and Lee Butcher, settlers who made
their living by hunting game and chop
ping wood, were suspected and indicted
by the United States Grand jury.
Butcher aud Galpin were tried jointly
yesterday before jury in the United States
District Court In this city, but owing to a
blunder OF the survey or employed to To-
cate the scene of the fire by sections, town
ships and ranges, it was alleged IN the
com pl aint that the fire started in certain
township in range west, whereas the evil
dence showed that it was in range west.
The jury accordingly acquitted the pris-
oners, but the latter were rearrested be-
fore they left the courtroom on a new
complaint in which the locality is prop
erly de- crlbed.
The case is of more than ordinary inter-
est because it is the first one on record
prosecuted under statute approved by
the President February "a, 1897. 1t reads
as follows:
That any person who shall wilfully or
mallciOuSiy set on fire or cause to be set on
fire any timber, underbrush or grass upon the
gently leave or suffer fire to burn unattended
near any timber or other :nflammabIe material
shall be deemed guilty of a misdemeauor, and
upon conviction thereof in any District Court
OF the United States having jurisdiction OF the
same shall be fined in sum not N ore than
$4,000 be imprisoned for term not more
than two years, or 10Th.
Sec. 2. That any person who shall build
campfire other fire in or near any forest,
timber or other infammable material upon
the public domain shall before breaking camp
or leaving said fire totally eXt1ngulsh the
same. Any person falling 20 do so shall be
deemed guilty of misdemeanor, and upon
convection there of in any District Court OF the
United States having jurisdiction of the same
shall be fined in sum not more than $1,000,
or shall be imprisoned lor term OF not more
than one year, or both.
The fines 60 to the public school fund of
the county in which the offense is COM
mitted.
Butcher was defended By Lennon &
| Hawkins and Gaipin was defended by
| Humphreys & Morrow. The testimony
was to the effect that the prisoners had
! been hunting deer and that in order to
| get better view of their game they had
/ been in the habit OF burning the brush.
1t was alleged tnat on one OF those oc-
| casions the fire got away and swept
through the pine timber, causing many
thousands of dollars damage. The dis
covery that the complaint had located the
! fire In he wrong range of townships
! brought the proceedings 10 an end, dis.
missal being asked for by the defense and
not opposed by the prosecution.
The San Francisco call., 1897-10-23
TAKING THE PACIFIC.
A Historical Painting Representing &
Balboa Raising tho Flag of
Spain in the Ocean.

Joseph A. Harrington, historical and re-
ligious painter, has on his easel painting
almost finished representing Vasco Nunez
de Balboa taking possession of the Pacific
Ocean in the name of the august maies-
ties of CASTLE and Aragon.
The composition is excellent, the figures
animated and full OF movement and the
coloring brilliant and harmonious. Bal
boa STANDS knee deep in the green water
with the standard of Spain held aloft in
his left hand, while in his right MS sword
Is upliited as he formally challenges any
knight in Christendom TO dispute his
claim.
On sandy beach is group of monks
aud warriors, the latter with barred
blades sustaining the defiance OF their gal
liant leader. One OF the two Dominican
padres kneels on the wet sand, while the
other, standing, invokes benediction on
the Spanish flag.
The picture abounds in strong contrasts
between the gayly hued costumes of the
soldiers, the more soberly clad and dusky
skinned Indians, the blue sky and the
green water.
The armor, costumes, etc.. are historic
ally correct and the picture is strong
The San Francisco call., 1897-10-23
HOPE FOR s. D. WORDBN.
His Friends Are Making an
Earnest Effort to Secure
a New Trial.
They Have a Number of Affdavits
Which It Is Claimed Will
Prove an Alibi.

The friends of Saiter D. Worden have
started a movement to secure a new trial
for him. They have eighteen or twenty
more atfidavits 10 prove an alibi. These
affidavits are to be submitted to Governor
Budd and Attorney General Fitzgerald
and then sent to the United States
Supreme Judges.
The affidavits are all new ones, and
were not used when the case was up be-
fore as the men at that time were all
working under assumed names, and think
ing the Labor Council would be strong
enough to win he case did not wish 10
run the risk OF losing their positions on
the railroad.
Money is being raised in the councils
and unions, and If enough cannot be
secured in this way an appeal will be
made TO the public to make up a sutfi-
Gent amount to send an attorney to
Washington to handle the case.
Among the atfidavits is one bv Thomas
Compton, who says he saw WOrden on
July II two or three times before noon.
In the afternoon he heard OF the wreck of
the train. 81 l or 1870 be went up 10 q
room and found Worden drunk and
asleep with his shoes off.
w. J. ThompsoA saws he was riding
with his wife on July II and met Wordea
between II and y O'Clock. After the
meeting he drove on toward Woodland,
was near the track when the wreck
occurred and saw the accident.
w. E. Curry was standing near a store
about 11:45 on July IL and heard a man
talking IN loud voice with a crowd neal
him. He asked who it was and was told
ii vas Worden.
Frank Hofer saw Worden about !
O'Clock on July II. He had heard of the
wreck just before he met Worden.
Jonn I. Costello saw Worden pass his
place of business between II 30 and l:
o'clock on July IL and spoke To him.
Richard Parker says that on July IL be.
with James Mullen, II. A. Knox and
Thomas Compton, went 10 the headquar-
ters OF the American Railway Union be-
tween 1:15 and 1:30 o clock and there
found Norden asleep on the bed.
Justin Owen Chapman says that Mat
thew LenOx, one Of the jurors in the Wor-
den case, stated before ne was selected as
a juror that all the men under arrest for
com plicity in the wreck ought 10 be
hanged, and il he had any chance to hang
them he would do so. This statement
was made IN the presence of a son oi
Leno1, who repeated il to Chapman.
a mum ber OF affidavits along this same
line are in the possession of Worden's
friends, and they are very hopeful oi
being able to seCnTe a new trial.
The San Francisco call., 1897-10-23
A Word for Hawaii.

The following communication is one of
many which goes 10 show the feeling of Ha-
waiian residents regarding the annexation
question:
Editor San Francisco OuII-DEAR SIR: Having
read your paper through carefully yesterday on
the Haw aiiRn ion subject, beg 10 tell Won
that my opinions are exactiy with he natiVrs. /
resided in the islands nearly two half years,
al the Time KalakAu left there. ! sincerely hope
and pray That 10 other nation's flag Will ever fiy
over those beautiful isiapds-lhe parsdiss of the
Pacific. They Are good, honest simple class OF
people and thoroughly civilized / love that
counry very, very much. My siep-relations are
re idents OF the islands and have been for many
years, they being among the early missionaries,
ard my dear father is buried there / am well ac-
quainted with number Of ueople there Yours
respectfully, MRS JOHN CoNNELI.
October /. S22 Al toward street.
The San Francisco call., 1897-10-23
SYMPHONY CONCERTS ASSURED.
A Larger Committee Will Now Arouse
Public Interest.

A Larger Committee Will Now Arouse
Public Interest.
A meeting of members of the San Fran
cisco Symphony Society was held yester-
day afternoon in Sherman & Clay's Music
Hall to decide the question of holding a
number of symphony concerts in this
city sometime between now and Christ
mas DR.. A. Barkan acted as chairman.
There are now 400 mem bers OF the society,
which last year raised $4,000 for similar
purpose. a small sum was collected as
working fund, and it was decided that
each of the EN- bers should do all in his
power to secure subscriptions to make
the concerts sCcce s.
Fritz Scheel vii! be the conductor of the
orchestra which VIII furnish the concerts.
The place o. holding the series is to be de-
termined by the committee. DR.. Barkan
and Frederick Zech were added to the
committee having the affair in charge,
which iormerly consisted of p. n. Ljlien-
thai, Louis Llsser and William l..
Carrigan,
The San Francisco call., 1897-10-23
French Church OF our lady of victories.

French Church of Our Lady of Victories.
Tomorrow, Sunday, October "a, the patronal
feast OF the above named church viii be cele-
brated with due pomp. At the high mass Rev.
J. Roman, s NJ, will officiate, and Rev. A. A.
Loude, S. NJ. will deliver an appropriate SER
mon. The choir has prepared special pro-
gramme for the occasion, including Mer-
cadanIes mass in A. Zingarellrs "Ave Maris,'
and the ''Lauda DOmiuum" of Est In the
evening at 7:30 b.nediction of the blessed
sacrament will b. given, ana Rev. L. Du bois
will address the congrega ton. Mr.. Pechln
has volunteered to sing Locher's famous
"Alma Redemptoris" Professor Sigismond
Martinez will preside at the organ both in the
morning and a night The reverend fathers
of the French Church have invited the officers
and sa ilors OF the warship Duguay Trouin 10
be presen at the celebration OF the feast
The San Francisco call., 1897-10-23
Bradbury Sues a ant.

William B. Bradbury, the capitalist who was
recently convicted of having violated the
ordinance prohibiting expectoIation in South
ern Pacific cars. on sidewalks and in other
public places. have sued Adelaide NJ. Fulton.
a teacher in Miss Vests school, for $50 dam
ages Bradbury alleges that he rented the
premises at 1401 and 1403 Van Ness avenue
TO Miss Fulton within two years past, and
that when the house was vacated porcelain
bath-tub and other appurlenances were miss
ing to his damage in the sum named.
The San Francisco call., 1897-10-23
MRS. BEGBIE'S DIVORCE.
for New Trial Heard by
Judge Belcher.


Judge Belcher.
Attorney W. H. Jordan's motion for new
trial in the case OF Arthur L. Begbie against
Alice e, Begbie was argued in Judge Belcher's
department of the Superior Court yesterday.
This is one of the remarkable cases of the
year, as the parties interested wrote great
many letters on the subjec. of matrimony that
were evidently never intended for the pu blic
eve. The husband particularly rude in
hts expressions and il was contended by Mr..
Jordan on the part of the wife that when he
left his former home in England he actually
intended 10 abandon mis- home and wife.
Attorney c. K. BOnestell, representing the
h usband-who, b. the way, expects to fall
heir to a big fortune in a few years-said that
b client had acted in Il legal and straight
forward manner, that II was an absolute
impossibIity tor them to live together, and
that the divorce grew out of that iact. which
was known TO both OF them. Mrs. Begbie
objects TO being divorced in a summary man
ner and wants 10 b. heard in her own behalf.
The matter was taken under advisement.
The San Francisco call., 1897-10-23
bible Studies Free to All.

There will be two very important Bible
studies at the Young Mems Christian Associa-
tion to-day which Will be free TO the public
The first will be conducted by Rev. George c.
Adams, DID,, pastor of the First Congrega-
tional Church, in the Association Lecture
Hall, Mason aud Ellis streets, ut IL o'clock,
noon, on the International Sunday-school
iesson At O'Clock this evening Rev. S. NJ.
Jefferson, LID, dean of the Berkeley Bible
Seminary, Will deliver an address at he same
place on "How to Study the Bible" The pub
lie cinxited
The San Francisco call., 1897-10-23
Restanrateurs object.

The proprietors OF thirteen French res
taurants, who were recently notified by License
Collector Bonnet that they must pay retail
liuuor-dealers' licenses, have appealed to the
Bard of Supervisors to be placed under
special classification. They ailege that they
only serve liquors at retail TO their customers
who order meals, and that while they are
willing 10 pay the retail liquor license they
do not think il fair that they should be COM
PEELED to pay as restaurateurs and liquor
dealers also.
The San Francisco call., 1897-10-23
Ghosts.

"The Gunpowder Ghost" the second Of the
series on ghosts, viii be given for the benefit
OF the Catholic Truth Society on next Monday
in Metropolitan Temple. William F. Humphrey
will preside. Tickets can be procured a. the
headquarters OF the society, room 429, En-
porium building. entrance S25 Market street
Reserved seats so and IS cents. unreserved
seats % cents. Applications for mem bership
TO the society are coming in rapidly from city,
from all over the Stale and a number from
other States.
The San Francisco call., 1897-10-23
The Dramatic soprano.

Who will give her first recital on Wednesday Y
evening, Mrs. Il. Lewis, is pictured upon Town
Talks first page this week. and the musical
reviews are as usual comprene nsively inter-
esting. The Saunterer gives a thrilling SAINTS
The San Francisco call., 1897-10-23
Twigg surrenders Himself.

John F. Twigg, the builder. who stabbed
Thomas Rlorden last Sunday morning in a
clearinghouse on Grant avenue, surrendered
himself at police headquarters yesterday
morning He was taken before Judge Low,
who fixed his bonds in $4,000. His sureties
were with him, and after being booked at the
CITY Prison he Ras released
The San Francisco call., 1897-10-23
WATER FRONT NOTES.

Smart Tow or IN , lug Fearl esS
From San francisco to Puget
Sound.
The big tug Fearless, with the four
masted whale back ship Ancona in tow.
arrived at her destination yesterday. She
made the run between here and Port An
geles in five days, which is considered a
smart piece of work.
The cruiser Baltimore began taking in
coal yesterday. Five scows were along
side and the chances are that by Monday
she will have 800 tons slowed away in her
bunkers. No one knows just when she
will get away for Honolulu.
Quite a fleet of deep water ships got in
Yesterday. The Endymion, Brenda. In
versnaid and Duns Law all came from
Newcastle, n. S. w, the Star of France
from Sydney. n. S. W., and the Kumeny
from Swansea. Besides these two sugar
boats got in from Honolulu The Star OF
The San Francisco call., 1897-10-23
Two Per Cent A Month.

n. W. Spalding and Abner Doble have been
sued by James Z. Damon for S1S15 due on q
note dated January 30 1898 with interest at
per cent month, compoun ed monthly.
The San Francisco call., 1897-10-23
ADJUSTMENTS.

ANASENENlS.
BALDWIN THkATER Under the Red RODE
CoruMB1A qHFATF-R- The Hoosier Decor
0.oRosco's CPFRA-HoUsK- Fr.enis
A1rAzAR THr.rrR Too Much Johnson"
TIvo1I opER. Horsr. The Geisha'
Observation-Disclosures NsuNeF-ue
OBERoN. Grand Concert
CALIFoRN1A THEATER. - Xaver Scharwenka'
this afternoon.
CAL1FoRNIA THrArER Song Recital Tuesday
evening, October 26
sUTRo EArHs. Bathing and Feriorma1ce%
The CHUTEs AND CHUrEs FREE HEATER
Great Vaudeville Company every a1eruOoH @ilH
evening
CoURsING-At Inglesjde Park. this aierAcoA'
AUCTION SALES.
RY c. II. UAfBsrN G Co.-Monday, October 20
] cal Estate al j. NJ ontgomerv ST.. AT y o CLOCK
PYV VoN RHEIN & Co-Thursday, October Is
Real state, at BIS California ST., at - CLOCK.
The Weather.
Rain Saturday; brisk TO high southeast,
probably shifting 10 southwest winds
The San Francisco call., 1897-10-23
Peter Peterson,s De,ertion.

Peter PetersOn's Desertion.
Mrs. Johanna Peterson has sued for u divorce
from Peter Peterson on the ground OF his
desertion.
The San Francisco call., 1897-10-23

trade of the Portland iobbers, because Port
land can import goods around the Horn Just
as san Francisco can.
The San Francisco call., 1897-10-23
NEW TO-DAY.
THE HEAT PLAGUE OF AUGUST, 1896.
Mrs Pnkhans Explanation Of the Number Of Dea
PrOsratiOns Among

The great heat plague notw
lesson could o in of o4SsAS
dead throughout Of
in theirthi
between and eHS@xgagsZT ~ EP
to the " gGpGS
dheatw were
notHou
of or achng
frsts thrtt
run down
Constipation, caprious XII LLNKS
~ X Tsg%A&xENA II
suddenly W. \SM$HA Ell
-
build
a positive - AA
Pinkhans Vegetable Ep8
cifc curative Youcannot 7 IN
a
The San Francisco call., 1897-10-23

how heHa scured
8: s :::::
81 have BILE Com
= nerve that thought
~ the
and thought tINasg
e3TFt - consumption L thought
cx65AzT>,. Ihad in
~ :.
- FNW%E$$S 1 like
b1ta Ihad
VAMH$a$t heard of
E&ER-\ - gotab 1 muchfa in but
NJ - thought il, NJ itmadea a of
Bakers Landing
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-06-17
ELECTRIC POWER COMPANIES.
They Have Organized and Will Work
Together Hereafter.

A meeting was held at the offices or
the Blue Lakes Water Company in San
! Francisco the other day to effect the
organization of the Pacific Coast Elec-
trio Transmission Association. The
companies represented at the meeting
We're the Blue Lakes Water Company
of San Francisco, the Big Creek Power
Company of Santa Cruz, the Southern
California Power Company of Red
lands. the Central California Electric
Company and the Sacramento Electric,
Gas and Railway Company of Sacra-
mento, the San Joaquin Electric Com
pany of Fresno, the Power Develop
ment Company of Bakersfield, the
Portland General Electric Company of
Portland, Or, the Nevada County Elec-
trio Power Company of Nevada City
and the San Gabriel Electric Company
of Los Angeles.
An organization was definitely set
tied, with the objects of mutual pro-
lection and the collection and dissent
nation of information relative to the
generation, transmission and distribu-
ton of electrical energy. The officers
elected were: President, c. P. Gilbert,
Manager of the Sacramento Electric,
ident, H. H Sinclair, Manager of the
Southern California Power Company;
Secretary and Treasurer, Robert McF.
Doble, Secretary of the Blue Lakes
Water Company; Executive Commit
tee, w. Frank Pierce, President of the
Blue Lakes Water Company, and j. j.
Seymour, President of the San Joaquin
Electric Company.
The annual meetings of the aSSOcia-
ton will be held in San Francisco, while
other meetings will be held at intervals
at the various power stations through
out the coast, when papers will be pre-
pared and read on topics of interest in
matters electrical, the different meth
DDS adopted at the different plants for
obtaining particular results, etc.
At the first meeting there was an in
formal discussion in regard TO insula-
tors. The same subject will be taken
up and discussed formally at the next
meeting which is to be held at Santa
Cruz about the middle of August.
The association will not accept as
members any dealers in electrical or
other supplies, or the representative of
any manufacturer.
Mr. Sinclair of the Southern Califor-
MIA Power Company is now perfecting
plans for the erection of a power plant
on the Santa Ana River and the trans
mission thence to Los Angeles of cleo
trical energy for light and power pur-
poses, a distance of seventy-five miles.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-06-17
ARTICLES OF INCORPORATION.

Articles or incorporation were yeSter-
day filed in the office of the Secretary
of State as follows:
The California Box Factory. Prin-
cipal place of business, San Francisco
Directors-F. E. Hackney, w. S. Chase
Eberhard Soedler ]. E. Ludwig and
Charles S Peery, all of San Francisco
Capital stock. $4,000. Subscribed
stock, $1,000
Doyle Gold Mining and Milling Com
pany. Principal place of business. San
Francisco. Directors-W. r. S. Fox
A. w. Bogart, c. D. Olney. l.. B. Doe
and Charles E. Elliott, all of San Fran
cisco. Capital stock, S1,OO0,OOO. Stock
subscribed, S25
San Felipe Tobacco Company. Formed
to engage in growing and preparing
tobacco for the market and conducting
a regular business. Principal place OF
business, San Francisco. Directors-F
w. Beardslee and w. W. Boughton,
Berkeley; David Miller and John Ca
hahn, San Francisco, and A. S. Bar
ney, Oakland. Capital stock, $500, 600
Subscribed stock, 1925.
Golden Gate Orphanage of San Fran
CISCO ToA LiSu Ior the care and mann
tenanee of orphans and half-orphans
Principal place of business. San Fran
cisco. Directors - Frederick De L.
Booth-Tucker, New York; William A.
Mcintyre. Oakland; John Milsaps, May
Winchell and William S. Barker, San
Francisco. No capital stock.
Sacket Bros Company Formed to
carry on general farming and fruit
growing business, to buy and sell real