davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1898-04-24
the board held to be without Jurisdiction

the board held to be without Jurisdiction after the day named In the notice, then the State would indeed become a prey to the pirates of the water front: for nothing would be easier than for some one in the conspiracy to enjoin the board at any time and thus oust it of jurisdic- ton, and so on ad minimum till honest sprad plGners were driven off and the con the statute would be to rob 1t of it's force; There is no more reason for hold ing that the board had lost Jurisdiction Tn thls ease, the matter having been certain, than there would be for holding that court In which an insolvency pro- ceedlns IS pending would lose JurIsdic- tlon by continuing meeting of creditors to another day certain.
 An Omission in Bad Faith.
 It was sad as another reason for re- Jecting the bids that the specifications vised by the special counsel did not af- rect the previous set of specifications (the set which had just been openeD in any substantial or material manner or par Commissioners Ohe third set of specifl- cations) did not affect the previous set of SpeclncatlonS in any material or subStan- tlai manner, save to omit the treatment
 
 which l have no hesitation in declaring to have been in bad faith and made In the interest of one of the favorites. I enter tain no doubt that the rejection of the bids was entirely without warrant in law, and that the action of the Commissioners is indefensible upon any ground.
 
 The repairs of Green street wharf found to be necessary remained to be made, and the years supply of piles re- malned to be treated, and the finding in respect to both matters still stands, and as a matter of fact the work must be done. The measures referred to are pro- board to protect the States property. To talk about discretion to proceed with the work or not in such a case is idle. The Commissioners would find themselves in a grave situation if they were to refuse to perform their clear duty. The law re- quires that the board shall advertise for bids upon any work that exceeds 5000. The piles to be used in the Green street wharf are confeSSedly in excess of the limitation; and the treatment of the years supply of piles Is in excess also. In emergency matters, within certain limi- tations, the board need not advertise, but the board has no right to consider the treatment of the years supply of piles as an emergency matter. The public are en- titled to the benefit of the competition presented through a public advertisement.
The San Francisco call., 1898-04-24
Capacity of the Plaintiff.

It was said that the injunction. could not stand, anyhow, because the plaintiff had no capacity, merely as a citizen, to prosecute the action; but in santa Kosa Lighting Company vS Woodward, bo Fac Rep, 1031, the court says: Tt IS not es- Sential in an application in proper case designed to compel compliance with stat ute jaw that the plaintiff must snow ac- tual pecuniary interest"
 Under the mandamuS proceedings the relator seeks to require the board to award to 1t the contracts under the sec ond set of specifications 0he set opened by the board) as being the lowest bidder hereunder and entitled to the award: The statute provides that the award shall be to the lowest bidder" and not the lowest irresponsible bidder" as provided in some of the States.
 The responsibility, however, of the plain tiff in this case is beyond cavil. The phrase lowest bidder" seems to have been designedy employed, because after ward In the same section, in providing for the leasing of premises on the water front for the purpose of marine railways and drydocks, the phrase highest responsible bidder is employed, thus demonstrating, in my estimation, that the omission of the word responsible" after the word Tow est" and before the word bidder was in- tentional.
The San Francisco call., 1898-04-24

The above goods exhibition in our show windows, and our customers are asked to take advantage Of this special offering Of Ele- gant Black Fabrics.
The San Francisco call., 1898-04-24

Me have just opened our last shipment for this season of HIGH NOVELTY BLACK DRESS GOODS. and will ex- hibit this week the choicest variety of FRENCH and ENG- LISHNOVELTIES SeVerShOWn in this city.
The San Francisco call., 1898-04-24

French Dinner To-Day, 25c. All the good things including a bottle of good claret, at the Ralston, 7S3 Market.
The San Francisco call., 1898-04-24
Tenders on Cars.

Ladies' tailor-made suits: latest designs; we give credit M Rothschild. 21l Sutter. r. & 2.
The San Francisco call., 1898-04-24

'too high" 1t was their duty to reject

'too high" 1t was their duty to reject they should determine that the bids were "too hgh"-the design of the law being to secure to the public the advantage of free and open competition. and thus pro- cure the public work to be done at fair price. The intention was to make it inn possible for bidders to combine to keep prices up, and to inhibit favoritism on the part of the Commissioners.
 The Law Violated.
 That the excellent purpose of the law has been disregarded or frustrated the record In these cases leaves no room for doubt. It is unfortunate and regrettable in the extreme that any criticism of the Harbor Commissioners should be neces- the facts and circumstances in evidence show the grossest favoritism upon their part-a plain and evident intention to give the entire business of the water front to three favorites, viz. Darby Laydon & Co.,, the Slade Lumber Com pany and the San Francisco Timber Pre- serving Company.
 Practically the entire business of the San Francisco Timber Preserving Com pany for the last year and a half has been with the Harbor Commission.
 For the Commissioners 1t was urged that they had right to act arbitrarily and capriciously if they chose to do so, and Anderson vs Public Schools, 122 Mo. 67 was cited as authority; but I cannot accept the authority as in point. The Commissioners are public officers They are paid by the public large salaries for the performance of purely public duties salaries sufficient to enable them to give their exclusive attention to the public business. It Is the duty of every public officer to discharge his trust with unvary- ing, straightforward conscientiousness, and in so doing there is no room for fa- voritism or arbitrary or capricious action.
 Opening of the Bids.
 The Commissioners were advised by their special counsel that they had lost jurisdiction by not opening the bids upon the day named in the notice. 1 am unable to join in that conclusion. The Commits sioners could not open the bids on that day because the court had enjoined the very act; but they retained their juris- diction of the matter by taking specific public recesses from day to day until they could open the bids. The intention of the statute in providing for the opening of the bids on the day named in the notice is to give the bidders an opportunity to be present. That purpose Is fulfilled if upon other day certain.
 If this were not so, and the statute were to be construed as mandatory. and
The San Francisco call., 1898-04-24

In the assortment will be SILK and WOOL MATLASSE, FIGURED PIREOLAS, CREPE CHEVI0TS, SILK and MOHAIR FIGURED P0PLINS, FIGURED MOHAIR BENGALINES, SILK BAYADERE GRENA- DIMES and FIGURED CANVAS EXAMINES.
The San Francisco call., 1898-04-24
Want the Sewers Flushed.

At a meeting of the executive commit tee of the Point Lobos Improvement Club on Friday a resolution was adopted re-
The San Francisco call., 1898-04-24

Two dollars worth of CUTIoURA REMEDIES cured me of San Rheum of t,centy ycars' stand ing. My hands and fingers broke out in red, watery blisters with terrible itching, then scab would form, which would peel off and come in great cracks, the blood running out. My nails grew out wrinkled like cows horns, but now they are growing nice and smooth.
 s. R. MILLER, Robertsdale, Pa.
The San Francisco call., 1898-04-24

About eight years ago I got sore hands. It commenced with burning sensation on my fingers. When rubbed them you could sec little white pimples on the skin, and 1 felt like twisting my fingers out of their sockets Ihad high fever and cold chills, and nights I had to walk the floor until 1 fell asleep. I got the CUTICURA REsoLvENT and CUTIoURA SOAP. The nails hardened up and peeled off, and don't believe there is one of the first nails left on my hands which are now cured.
 CASPER DIETSCHLER,
 Feb. 22, US. Pembroke, Genesee Co.,, N. r.
The San Francisco call., 1898-04-24

Twas obliged to keep the first three fingers of my little boys hand done up all the time. Rs 1t was raw sore, beginning to extend down toward the palm. We consulted three different physicians, each certain length of time. A gentleman recommended CUTIcURA REMEDIES. I purchased CUTIcURA SOAP, CUT1cURA (ointment) and CUTIoURA REsoL- VENT, put aside what had been using, and began with them. We'll they cured that hand.
 Mrs. DIAMOND,
 Jan. %, ,'98. 161 Bronson Ave, Rochester, N. Y. Sold throughout the world. PoTrER Dnuo AND CErN. rARP.. Boston. "How te Have Beautiful Hands, fires.
The San Francisco call., 1898-04-24

different matter
 Tn referring to the members of the board, feel that in justice to all 1t argument was aimed particularly at the president or as he was sometimes called, the executive member of the board At thA timA tha acts complained of were
The San Francisco call., 1898-04-24
The Lowest Bid.

The bids were in form and were &C.,
The San Francisco call., 1898-04-24

quired by law. The bid of the Paraffine Paint Company was the lowest bid upon aIl os .l.a z....L LlLa. ,....,..Ll ...-l -.
The San Francisco call., 1898-04-24

legislative intendment though somewhat
The San Francisco call., 1898-04-24

a comparatively short term of years, might declare San Francisco a free
The San Francisco call., 1898-04-24
different matter.

board In rejecting the bids is quite a
The San Francisco call., 1898-04-24

10 provide for the construction of all water front improvements in permanent form. etc, so that the Legislature, within
The San Francisco call., 1898-04-24

for which the work could be done. As to that there was no conflict in the ev- dence. The board discussed the bids
 without acting upon them, and took a recess in the matter until the day follow
The San Francisco call., 1898-04-24
MT. Stratton's Affiliations.

Concerning MT. Stratton's connection with the board and certain parties who to say that l cannot follow the plaintiff s counsel. If MT. Stratton made a mistake ices to the board and certain other par ties l think the mistake was an honest mistake. As to the advice given by him jected, while I do not agree that it was sound. 1 entertain no doubt that 1t was sincerely given. I do not think it neces- sary to say anything further upon the subject.
 The good faith of the members of the
The San Francisco call., 1898-04-24

quate to bring about result suggested
 by counsel in argument, that is to say,
The San Francisco call., 1898-04-24

companied by certified checks, as re
The age-herald., 1898-03-15
PHOENIX CLUB PRESIDENCY Resulted in Tie Vote of Thirty
 Eight to Thirty-Eight. EUGENE FEES ANDI. C.LEBOLT Ran Neck and Neck From Start to Finish-M. e Joseph Elected Vice President
 Another Election Ordered.

Thirty-eight votes for Eugene Fies and thirty-eight votes for I. c. Lebolt was the result, or rather the non-result, of the exciting election for president of the Phoe- nix Club held last night.
 Club politics for the past few days have been exceedingly hot, almost as much so as the probate judge contest.
 Electioneering of the most animated kind has been carried on, and nothing was left undone to insure each aspirant's success Campaign committees were formed and life for those who had not positively made up their minds has been burden.
 Excitement was at fever heat last night when the meeting was called to order. Seventy-six out of the eightytwo, mem bers of the club were present. The Fies men said their side had at least thirty nine out of those present. The Lebolt fac tion was equally positive that they had over thirty-eight.
 The vote was taken in a death-like si- lence, with the result noted above. contested and the result was as follows:
 M. V. Joseph, first vice-president.
 Leon Schwartz, secretary.
 Leo K. Steiner, treasurer.
 Sam Adler and Joe Slaughter, board of governors.
 J. F. SweitZer, librarian.
 The second election to decide the result of the tie last night and to elect the third member of the board of governors, will be held next Monday night.
The age-herald., 1898-03-15
PRESIDENT E. BENJAMIN ANDREWS
And James Whitcomb Riley Coming to Bir-
 mingham to Lecture.

Next Saturday night, the 18th, President E. Benjamin Andrews, of Brown Universi- ty, Providence, R. l., will lecture on Gen. making a southern lecture tour, and his enthusiasm. He is forcible a speaker, eloquence, using no manuscript He deals with the immortal leader of the Lost Cause" both as a man and as general, graphically outlining all his great cam paigns and making an entirely new com- parison of Lee and Von Motke, and of the two decisive battles of Gettysburg and Sadowa.
 President Andrews was one of the United States delegates, with Senators Jones, of Nevada, and Allison, of Iowa, to the Brus- sels monetary conference a few years since, and stands in the front rank as an educator, historian, economist and public ist.
 Seats for the lecture can be reserved any day this week at Seals store. Admission 70 cents.
 James whitcomb Riley will be at O'Brien's opera house Wednesday, April l3, and will again delight the people of Birmingham with his sorgs of love and tears and laughter presented with his own lnimtable sweetness of speech and grace of action.
 The Lyceum course has closed, but the managers of these brilliant men, who cor responded with MT. H. K. White, were in- duced by MT. White to send them here so that the Lyceum members and all others who desire may hear them. **@
The age-herald., 1898-03-15
DENIED BY JUDGE GREENE
Solicitor Browns Motion to h. crease Hugh Frazer'S Bond. HE DID NOT TRY TOESCAPE Arraigned on the Charge of Murdering J. |. Howell and Pleaded Not GuiIty--WilI
 Probably Be Released Today.

Hugh Frazer, who is under indictment for the murder of James L. Howell at Bessemer and who was recently surren- dered to the sheriff by his bondsmen, will probably regain his liberty today by giving bond again.
 Frazer was before Judge Greene of the criminal court yesterday on a motion by Solicitor Charles c. Brown to increase the amount of bond from S2,000, as fixed by Judge Sharpe at the habeas corpus pro ceedings, on account of Frazer's attempt to escape.
 The state was represented by Circuit So- licitor Charles W. Ferguson and the de- fendart by Messrs Lowe and Trotter. Sev- eral affidavits were introduced which ex- plafned Frazer's absence from Bessemer at the time. Frazer was allowed to make statement and explained his absence. His bondsmen were present and explained that they surrendered Frazer on misunder- standing of the true facts and would again sign his bond.
 argument, and Judge Greene promptly gave his opinion denying the motion, which means that Frazer's bond would remain at S2G0O.
 The grand jury had returned two indict- ments against Frazer, indlcting him sep arately and jointly with Thomas Collins on the same charge. Frazer was arraigned on one of the indictments and entered plea of not guilty. Judge Greene mme- diately fixed his bond at $2 900, and Solici- tor Ferguson stated that he would ad- wise the sheriff to suspend one indictment.
 Frazer was taken back to jail and will probably be released this morning. It is thought Sheriff O BrenS absence prevented his release yesterday afternoon.
The age-herald., 1898-03-15
ALABAMA PRESS
 ASSOCIATION
Will Meet at Tuscaloosa on May II Instead of May l8-
 Changed by Request.

The date of the meeting of the Alabama Press Association has been changed from May IS to May Il. J. A. Rountree, secre- tary of the association gave out this state ment yesterday morning.
 This change was made at the request of the Birmingham hrd cmfwmfw emf emf the Business Mems Club of Tuscaloosa. It seems that Tuscaloosa is to have so many gatherings in May that the 18th would not be suitab day. Besides the commence ment exercises of the female colleges which take place in that month, the Druggists Association of the state will hold it's annual convention in that city about May 16.
 Tuscaloosa wants to entertain the news- paper people first presumably because of the advertisements they will give through out the state to the attractions which arc to follow.
 It is expected that the association will make its annual tour this year to Wash ington Secretary Rountree Is now cor responding with railroads in regard to the excursion and hopes soon to have all the arrangements completed.
 MT. Rountree has also issued the follow ing call in connection with this meeting, which is also signed by M. w. Camper, president of the association:
 The executive committee of the Ala bama Press Association will meet in the rooms of the Commercial Club, in Bfrming- ham, on Wednesday, April G. for the pur- pose of arranging programme for the com ing meeting of the association. which con- venes in Tuscaloosa, Ala, on May Il. The legislative committee of the association Is also called to meet at same time. A full attendance of both committees is earnestly desired.
The age-herald., 1898-03-15
TRADE COUNCIL.
Regular Meeting Was Held in Clerks Hall
 Sunday Afternoon.

A regular meeting of the Birmingham Trades Council was held Sunday after noon in Clerks hall with a good attend ance of delegates.
 President John Acton called the meeting to order, with Secretary R. L. Russell at the desk.
 Several communications were read, among which were two from Representa- tive Underwood at Washington in refer ence to laws pertaining to organizations, which were turned over to the legis sative committee.
 A committee of five was appointed to act with committee from the machinists in receiving and entertaining James O'Con- nell, master machinist of the International Association of Machinists and vice-presi- dent of the American Federation of Labor who is expected in this city on the 2Oth inst The committee Is composed of the following members: Leo. B. Sutto, John Estem, Frank Arrico, J. H. Patton and J. H. F. Moseley.
 A communica tion was received from the United Garment Workers, stating that union label goods could be found in Bir- mingham.
 The indorsement of the council was given to a labor directory of the district.
 The organization committee reported that the taiIors have been recently organ ized Some of the members of the new union were present and stated that they would send delegates to the next meeting of the council.
 The following delegates were obligated: J. L. Leslie, of the Barbers union; Harry C. Allen and J. N. Jones, of the Machin- ists'; W. H. Chichester and Arthur Magnes of the Brcxlayers.
 Several routine matters were taken up and acted upon, after which the meeting adjourned
The age-herald., 1898-03-15

The special committee of Aldermen Ora ham, Lyagh. Hentschel Ashford and Rainbow. This committee will meet Wednesday, afternoon at o'clock and re- port to the board on Wednesday night
 Other Business
 Chief Mullen asked for four 9-gallon fire extinguishers to cost S20 each and twenty four fremen's hats at $7.50 each Referred to the fire committee.
 After bhe meeting adjourned the commit tee on police and sanitation held short meeting and decided to recommend to une board that no assistant plumbing Inspector be appointed. The local plumbers have been urging that an assistant be appointed' but the committee considered that Engineer Kendriek could discharge the duties of the office fully without assistant.
 The street committee will meet this ar ternoon at o'clock.
 MT. Gentry was seen after the meeting and state that his company had no inter est in the ordinance requiring all telephone wires ta be placed underground in the pro- posed lius. He stated that his company was prepared to place their wires under ground at once If the ordinance granting permission to do so was passed on Wednes- day night.
The age-herald., 1898-03-15
AN ALLEGED EMbEzzLFQ M..J. HaIpin, an Employee of the Electrical Insulation Co. FELL VICTIM TO GAMBLERS So It Is Said and Left Town-it Is Though
 Sheriff 0'Brieh Will Bring
 Him Back.

M. J. Halpin, an employe of the Electri cal Insulation company of Chicago, who was sent to the city as superintendent of the electrical work on the Birmingham Traction company's East Birmingham line was arrested in St. Louis Friday last at the request of Sheriff Frank P O'Brien of this county on a charge of embezzlement. When arrested he gave his name as G. ". Dunn.
 Halpin arrived in Birmingham about three weeks ago to superntend the work above mentioned and is said to have had a bank account at his command Wtth which to carry the work He is said to have falien into the clutches of some of Birmngham's aIltisdic and sure shot'' gamblers The game is said to have proven too ''strong," and consequence he borrowed from the bank account to gat back what he had lost. He continued to loose and soon realized that he was short in his accounts to a considerable extent. Under the strain of his ill fortune he is said to have left the city on Monday, the 7th instant, going to St. Louis where he hoped to be able to raise the amount neceS1ary to make good his shortage.
 The officers of the company lesrned of his departure and c. R. Ryan, a Chicago de- tective was sent to this city and Is said to have succeeded in locating the place where Halpin lost out.
 Sheriff OBrier1 left the city Saturday af- ternoon for Montgomery where he proba- bly went to secure requisition papers, aa- though nothing could be learned at the sheriff's office as to his whereabouts. It is thought that he went to St. Louis on Sat urday night and will return with his prds- oner on the Louisville and Nashville south this morning.
 Halpn and his wife were stopping at the Florence hotel and Mrs. Hafpin remained in the city until yeSterday at II a. m., when she disappeared, leaving her trunks be- hind.
 It is said there will be other develop ments in the case.
The age-herald., 1898-03-15
TRtMBLe BROADWAY,
The Bright Little Son of E. I. Broadway, |
 Very Consistent.

Trimble Broadway, the energetic little son of Chief Deputy Clerk E. T. Broadway of the United States court, is nothing II he is not consistent. f.
 Trimble has for some time desired to join the great army of wheelmen, and to that end he has displayed his energy in earning sufficient money to buy wheel.
 When the present term of the court was organized he was appointed messenger and he has faithfully performed his duties.
 On Saturday last he found that he had sufficient money to make his purchase, and sauntered forth to buy a. wheel Several makes were carefully examined, and Trim ble was in a quandary as to which he liked best.
 The enterprising salesman, hoting the in ability of his prospective customer to de- eide, ventured to show another wheel, which had the desired effect. It was "u. s." brand, and the fact that Trimble was an employe of the "U. s." he naturally concluded that it was the wheel for him to buy.
 Everybody is wondering if"Unce Sam" furnishes his messengers with wheels.