The San Francisco Examiner from San Francisco, California • 8

TIIE EXAMINER, SAX FRANCISCO: SATURDAY MORNING; JULY 13, 1893. industrial schools. I shall remain here till Juice of the California with which Burnett and the Society of California Plo. NO ST4TUTE TO GOVERN, CRIME HIS OCCUPATION LAW OF THE ELECTIONS. KEEP THE afer ttie session of the American Episco pal Church Convention, which meets at Minneapolis in October." NEIGHBOR3 COMPLAIN.

of the Potrera Ask the Police to Remove Hen'y Hogland snd Wife Who Beg From Door to Door. Policemen George. Eastman of tha Po-trero squaro has filed a report with Secretary McComb of the Society for the Prevention of Cruelty to Children, which will be immediately investigated. Is bis report Eastman states that Henry Hogland, wife and seven children are In destitute circumstances, and that many oomplaints have been made by residents of ihePotrero to tbe police, because of the husband and wife begging from door fo dcor. Eastman reports that Hogland and his wife are Finns and reside in a house on Pennsylnania avenue near Nevada.

There are six children in tbe family, their ages being ten, eight, six, four and two years. tne youngest being a baby six months of age. Their condition is such that they are forced to beg, and the.r neighbors want ihem removed, and the Society to take the children. A short time ago Hogland called upon Dooiors Simpson and to attend one of the children. The child was found to be suffering from blood poisoning, and an amputation was necessary.

Hogland entered suit against the surgeons formal-practice, tbe case, when tried, being dismissed. HOSPITAL REPAIRS. Water Tanks Will Be Erected for Fire One Hundred Paths Wards. Purposes Over tients in As soon as the necessary authority reaches this city there will be extensive repairs made at the United States Marine Hospital. Prior to the close of the last fiscal year tbe surgeon In charge of tbe Marine Hospital reported to the Department la Washington that certain repairs should be made, and specifications for the work were forwarded for the information of the Surgeon-General.

These specifications have been approved and the work has-been authorized. Tbe hospital will be thoroughly renovated and painted, inside and out The plumbing will be overhauled and sewerage inspected. New water tanks will be erected upon the roofs of tbe buildings for fire purposes. There are at present 125 patients at the hospital. OPPOSED TO THE JAPANESE.

United States Senator George C. Perkins Wants to Be Put on Record in the" Matter. Rejoinders of the Committee on Foreign Affairs Employs Neither the Chinese Nor the Little Brown Men. United States Senator George C. Per kins says he believes In being set right once in awhile, and the particular subject upon which he wishes to be regarded in tbe right light is that of Japanese immi gration.

He Is at loss to know why any one would imagine he is in favor of it, and points to his appearance before the Committee on Foreign Relations in refutation of this allegation. "I was oppose! to the Chinese Exclu sion Act only because it does not suffi ciently restrict immigration. My views ou tbat subject are, however, well known. When I made argument before the com mittee in opposition to Japanese immigration on similar lines to my argument. against the Chinese, I was met with tbe statements: First, that Japan has but fitly in place of China's 450 millions of people; second, that the Japanese do adopt our customs, attend our schools and assimi- ate with our people, while the Chinese do not, and, third, tbat if the Japanese came in under contract the anti-contract labor law is sufficient to handle the situation." Mr.

Perkins has been for fifteen years President of the Boys and Girls' Aid So ciety, and during that time 2,400 boys have been furnished with homes, and 95 per cant of them are growing up to be good citizens. Ho has in this capacity been confronted with the difficulty of placing these bovs. In tbe course of a short interview yesterday he pointed out the following passages in his report on the institution, which will be issued in a few days: Ererr observing person realizes that the con ditions in California hare mut.rially changed durlD tho past two year and, while crors nave been short.proauce has sold, and still sel si a very loir price. In addition to a larr Chinese population has long been with us, Jipanese laborers have also appear -d la large nuraotrs. onenog meir services ai imd a month, exolusive of board, not only to do a full roan's work, but helm; willing to serve fourteen, acd even i teen, hours daily; snd (or these reasons applications (or boys have fall-n oil greaily.

ibs ones' ion with mny bav ing been narrowed down lo a matter of dollars and Can we afford to take a boy, or would it not bs better to hire a strong Japanese or Chinataau Tnls brings me ti the Important question: What shall ba dons with such boys when tne time shall have arrived that they must leave tbe home of the society Strictly speaklne-, there Is but one avenue open and tnut is tne ranch and ranch work. But all boys are not stapled to such labor, and as I have before remarked, tbe Chinese nd Japanese are preferred and as tha trades unions permit Only a limited number of apprentices to be employed in learning trades and as helpers, the venue for profitable work for our boys Is very much rextneted. This being tbe case I have been deeply impressed with the vital necessity of tbe ettablishmeDt of a training-ship ou tbe Coast tor toe training of American boys, out of wh ch to make American sailors to man tbe new American navy, and to this end I introduced a bill at tho last session of Congress, wbich I hope will become a law. I fi confident that the sentiment. "American sailors for the new Americin war vessels," win find an ecno in every loyal American be art.

To my mind ii Is the duty of our Government to lake American boya, place them upon training ships, give them an el-nv ntary education, teacn them art or eamanst.lp and practical work connected with the department of engineering and gunnery of the ship, end a so thttr duty as citizens of this great republic. Th- n. instead of uaving hree -fourths of the crews of our stlps of foreign bl.ih. all wt.l American born, with Amerionn (amides interested I tbeir welfare. California alone can furnish 3K apprentice boys aunually to tns navy, that (or intellectual and physical qnallties will challenge tha world to snow their equals.

In this report, too, Mr. Perkins strongly advocates tbe establishment of industrial schools where tbe boys may be taught traaos. tie iniuns trade schools should be made a part of the achool system in every city and town in tbe State. I believe," he said, "in restricting immigration of every kind until we can find employment for every American bov and adult. Though I am interested in a steam ship company employing 2,500 hands, in mining operations, a loginir csmn.

orch ard and ranch, there is not a single Chinese or Japanese employed anywhere in any of these enterprises. I endeavored to place my views before the publio on this subject in my speech in Oakland on the Fourth of Jnly, and what I than said I am ready to abide by and be quoted upon. I repeat that our boys must be provided for first, bs immigrant ever so willing to abide by our laws, adopt our mode of life and live among us." neers by Aylett R. Cotton, and the court made the final decree in disposing of the residue of the Lick trust. Judge Sander son ordered $1,209,308 16 to be equally dt vlded between those societies, this being the remainder of the trust lund after the trustees have discharged all the other trusts, which included $700,000 for the Lick telescope and observatory, $25,000 for the Protestant Orphan Asylum of San Fran cisco, $25,000 for an asylum in or near San Jose, $25,000 for the Ladies' Protection and Relief Society of San Francisco, $10,000 for tne Mechanics Institute of San francisco, $10,000 to tbe Society for the Prevention of Cruelty to Animals, $100,000 for the founding of the Old Ladies' Home, $150,000 for free baths, $60,000 for the Francis Scott Key monument at the Park, $100,000 for a group or bronze statuary at the City Hall and $540,000 for the California School of Me chanical Arts.

OBJECTIONABLE RULES. Harbor Regulations Which Do Not Meet With the Approval of the Pro-' duce Merchants. A special me sting of the members of the Produce Exchange was held yesterday morning at which a protest was made against the rule recently adopted by the Board of Harbor Commissioners whereby the time allowed for produoe to remain on the wharvea was reduced from thirty to tea days before a charge for storage should be made. Tbe grain dealers were of tbe opinion that the new rule would not only work a hardship oa them, but oa the farmers as well. The diseussion resulted in the following resolutions being adopted: Resolved, Tbat it is the opinion of the mr inhere of the San Francisco Produce Exchange that the reduction of time allowed for grain to remain on tbe seawall under Rule 3, as established by the Harbor Commissioners, from thirty days to ten day, Is detrimental to the Interests and trade of this port; and be it further Resolved.

That tha -President of this Ex change be hereby authorized to appoint a com mittee oi nve to wait upon tne itoard ot Harbor Commissioners and consult with them re garding said reoent ohange. In accordance with tbe resolution Presi dent Holcomb appointed the following committee to represent the Produce Exchange: H. Dutard, O. P. Morrow, A.

B. Moseley Jonas Erlanger and Jaoob Palmer. Brought Hack From Stockton. Frank Stone of 436 Sixth street disappeared some six weeks ago from this city. The day after his departure his wife discovered tbat $700 whloh her sister, Miss Ettls Platsbek, had put in hr charge was also missing.

She notified the police and as a result Stone was arrested In Stockton Wednesday and brought here by Deteutlve Gibson Thursday evening. THE DINNER DECLARED OFF. nvitations to Banquet at Union League Ciub Revoked. the Postponement Because of the Failure of the Republican State Committee to Indorse the Appointment of The dinner whloh was to have been given to the new Board of Election Com missioners by the Union League Club next Monday evening has been declared off. Invitations had been seat to the Governor, ihe Mayor, Chairman Oould of tha Demo cratic State Central Committee and a number of others.

Oovernor Budd had replied that it would give him a great deal of pleasure to be present. Mr. Gould pleaded a business engagement, and the Mayor has not yet taken the trouble to reply. -But now all the invitations have been withdrawn. The proffering of tbe dinner was prompted in a great measure by a desire of the club to show its appre ciation of the selection of Colonel Castle, one ot its most prominent members, on the new board.

But there was also the inten tion to let it be publicly known thai, the object of the creation of this new board is thoroughly sympathized in by the club as a body. The officers of the organization do not admit that the failure of the Republican Committee to confirm the appo.ntmsnt of Samuel Poster is responsible for the recalling of the invitations, but that is probably tbe reason. It would hsrdly bave been the proper thing to lender a dinner to the board wtien there was a good deal of doubt as to whether one member of it would take bis seat. Colonel Pippy, who is one of tha officers, says that the dinner has been indefinitely postponed, and intimates tbat when the controversy over Foster is determined that new invitations will bs sent out. Tbe ostensible reason for putting It off.

according to him, is the absence from tua city of a large number of members and the fear tbat on this account there would not be a sufficient number present to make the affair a success. RAISIN GROWERS APPEAL Attorney Knight Will Ask the Circuit Court to Reverse the Zante Currant Decision. The decision of tbe Board of United States General Appraisers in tha Zante currant case bids fair to create considerable trouble and expense. Colleotor of Port Wise has taken steps to have tbe decision set aside as it is deemed unjust and contrary to the spirit of the Act of Congress imposing the duty. Assistant United States District Attorney Knight yesterday commenced the preparation of an applioalioa 10 tha United Stales Circuit Court to review and reverse the deoision of the Board of United States General Appraisers in admitting Zante currants free under the Customs Administration Act af 1890 which created the Board ot General Appraisers.

Tbe application will, when completed, set forth the facts in he Zsnte case, in which 450 barrels of currants were imported for consumption, and fifty barrels for warehouse storage. The duties oa these 500 barrels according lo the law was l'j cents, but the Board ot General Appraisers remitted the duty and passed the whole free. Mr. A. B.

Butler of Fresno has been interested in this decision in so far that if it is held legal ha will loso many thousands of dollars on his raisins. Mr. Butler has made it bis business to call upon Collector Wise, and said in an interview yesterday: "If this decision is not reversal itraeaas the loss of over a mil. ion of dollars annually to the raisin growers of California. All we pray for in this matter is simple Justice and the bona fide execution of tbe spirit of the law." Assistant District Attorney Knight anticipates having his application ready to submit to tbe Circuit Court in a few daya, and will urge a speedy decision upon the application in behalf of the California raisin growers.

RUBBER MEN COMING. Representative front the Wooassckat Robber will call en Jon for oar fall orders. Do 701 know tht Rhode Island rabhar boot sad shoes, dlseoaata IS per cut and 12 per cent, are very ledreS. and Wooasneet Is the brand which is brtierr Cataiucaes mailed free u.oa ap-plbaiioo. Hol4 four brderp; carry the celebrated lirand.

Wooasorkrt Hobber F. tpUralm, sgeai. Baa trtnciaco, CsL tbe "tablets are flavored." and laid partiou lar stresss upon the fact that "each fifty packages contain a gold ring you may get it," but the passengers were obdurate, and on several trips not a single package was sold. As the boys all work on percentage, tbe falling off of patronage made them more persistently impertinent, and tne more im' pertinence they exhibited the more deter mined were the passengers not to One lad said that be had sold as many as 250 packages in one day, but tbat now he could not sell fifty: THE MASSEN DIVORCE. Marie Burroughs Will Assure the Court That She Is Still a Resident of California.

Henry E. Hlghton, attorney for Marie Burroughs, flletl notice yesterday that he would present an amended complaint. In tha divorce suit of Marie Burroughs against her husband. Actor Massen. This is to show that the plaintiff is still a resident of this city and that she has a legal right to sue here, which right was called into ques tion by the Court.

A hearing in the divorce case has been set down for July 26th. A. Jllytke Appeal Dismissed. The motion to dismiss tbe appeal of Alice Edith Blythe in the Thomas H. Blythe litigation bas been granted by the Supreme Court, which declares that as the plaintiff was not mentioned in tbe decree of distribution, any future Judgments cannot affect her.

ON A GRAND SCALE. The Oratorio Society Arranging for A Series of Monster Fes- fivals. Fashioned After the Boston Pesce Jubilee Some of the Ladies and Gentlemen Who Will Take Prt. The San Francisco Oratorio Society, which was reoently organized, is attract ing considerable attention from the musical fraternity and is meeting with muoh success in securing the of the professional as well as the amateur contingent. The projectors have worked carefully to rear a society that will give musical culture an impetus never before felt in this State, and have decided upon giving yearly musical festivals of two or three days' These festivals will ba on the ssme order as tbe World's Peace Jubilee held in Boston in the great Colisseum capable of holding 100,000 people.

There were bands from all over Europe and America, noted soloists, Including Mesdames Rudersdoff, TIetjens, Parepa Rosa and Pesca Leutner, and a chorus of 20,000 voices gathered Irons all the surrounding States. This was a project so oolossal that in the beginning it excited great opposition and ridicule, but overwhelming success crowned the efforts of the three great conductors, Carl Zerrahn, Dr. Tourjee and Patrick Gilmore, the great bandmaster. The festivals in this city will be on the same grand scale. There will be a chorus of from one thousand to fifteen hundred voicea from various cities throughout the State, an orchestra' of from one hundred and fifty to two hundred instrumentalists, eminent soloists of the Pao.flo Coast and a few from tho East.

Two matinees and three concerts will be given during the festival. The San Franoisco Oratorio Society, combined with the Oakland Society, form a grand nucleus for yoarly festivals! Great interest is tuken in tne project throughout the State, and never before in the history of San Francisco have the musicians, as a body, shown such general interest in pro-moiing an institution. The President of the society has not vet been secured, but it is thought that Colonel C. F. Crocker will be elected.

The other officers are as follows: Vice-President, Mrs. L. L. Bsker; Secretary, William 0. Stadtfeld; Assistant Secretary, ss Harriet M.

Fairchild; Historian, Mrs. Edna Snell Poulsen; Conduo or, James Hamilton Howe; Concort Master, Bernhard Mollenbauer, formerly first violinist in the Scheel Orchestra; Pianist, Miss Edith Johnson; Organist, Henry Bretherick of the F.rst Untarian Church; Troasurer, Charles O. Perry; Recording Secretary, Edward Marschu'z; Financial Secretary, William M. Simonsen, and Librarian, Etnil Kaufmann. Some of the active members are: Messrs.

Wakefield Baher, S. Homer Henley, VV. C. Statfcld, Charles Van Orden, Don Pardee Riggs, W. Ii.

Scott, Charles B. Stone, George H. Trask, George C. Hardin, Francis L. Matthews, F.

J. Fleming. Joseph J. Morris, Ira P. Rankin, Christian Jorgensen, Samson E.

Tucker, Samuel Mayer, Charles B. Stone, w. J. Batch- elder, Willis E. Batchelder, Charles A.

Murdock, frank Coffin, C. A. Stratlan, Ferris Baldwin, W. O. Jackson, C.

L. Parent Dr. E. W. Bertrand, Robert Burns, William Ballinger, Edward Seeiy, Frank Kelly, Robert Duncan, Frederic Hasty, George Reynolds.

Clarence Wendell, Walter C. CamD-bell. J. L. Macauley, J.

H. Culver, Peter Crump, Joseph Sanchez, J. C. Wiester, J. Y.

Veaco, G. W. Crosby. H. G.

Vaughan, Gcorgo F. Mann, I. M. Houston, Dr. W.

G. Thomas. M. E.Van Meter, Daniel M. Warde, J.

D. Robinson, William M. Simonson, Allen V. Beardslee, Goorge K. Morgai, J.

Wesley Wilkins, Daniel M. Lawrence, Robert R. Bokee, W. N. Page, Thomas, J.

Sunnv. Samuel Booth, James J. Jones, John'N. Whitlow, R. C.

Medcraft, Ira B. Ladd, C. E. Henley, E. F.

Cord, L. H. Harbult, Cephas Kelly, A. Enouiat Samuel A. Boyd, A.

P. Nlles, Mrs. Etta B. Blanchard, Mrs. E.

M. Hobart, Mrs. C. A. Macombe, Mrs.

S. Alberta S.van. Miss Mabel Love, Mrs. J. W.

Madden, Mrs. C. L. Parent, Mrs. E.

M. Phillips. Mrs. Charles Van Orden, Mrs. B.

C. Dal ton, Mrs. M. M. Brown, Miss Maude Chapelle, Miss D.

Maud Cann, Miss Katharine Black, Mrs. Mary Mann Brown, Mrs. Miss Margaret Cameron, Miss Nellie Flynn, Miss Gertrude Wlsmer, Mrs. Eva Tenney, Mrs. M.

Mann, Mrs. Jennie Macauley, Mrs. E. M. Wcsteolt, Mrs.

Bvron Diggtcs. Mrs. Owens, Mrs. Don Pardee Rirgs, Mrs. McLellan, Mrs.

J. Weister, Mrs. Elgin McNab, Mrs. Neube-gin, Mrs. E.

Dickey, Mrs. O. S. Holmes, Mrs. Nettie Holmes, Mrs.

Selden Stingis, Mrs. W. J. Stringer, Mrs. Haipruncr, Mrs.

Alma E. Keith, Miss Agnes M. Bugdahl. Miss Ruth White, Miss Grace A. Amennam, Miss May Chrlstansen, Miss Gertie Cohen, Mrs.

Isabella Cook, Mrs. Fred A. Cornell, Miss Bortha Hoi-man, Miss Clark, Mrs. Louise G. Cadwal-der, Mrs.

Robert R. Bokee, Mrs. C. T. Cleve, Miss May VV.

Armstrong, Miss Maude Bumeschi'o, Miss Christian litb B. Johnsoa, Miss Helen Nelson, Mrs. Thomas Levis, Mrs. B. W.

Pax-ton, Mrs. A. E. Story, Mrs. Ka Parks, Mrs.

AliQe Reynolds, Mrs. Scger, Mrs. Lillian Nye, Mrs. Fannie Deeming, Mrs. Gretta Wittram, Mrs.

A. Fried. Mrs. Grace Fortee Campbell, Mrs. F.

Henley Morian, Mrs. W. B. Cottrell, Mra. John D.

Sibley, Mrs. A. H. Winn, Miss Jennie Jehu, Miss Loey Cottrell, ss Evelyn McKee, Miss V. Weber and Miss-Lillian Lewisoo.

The rehearsals for Mendelssohn's Elijah," tbe first oratorio to be taken up, will begin on August 1st in Msuzv'a Hall, oa Post street. "Elijah will be followed by Gounod's "Redemption." Ruling That Officers Cannot Take the Ballot-Box and Go to Lunch. Vctes of a Siskiyou Precinct Thrown Out on Account of Such Action Deciding a Contest THE STORY "A BREEZE FROM ARCADY." Everybody Setisfed That the Po'ls Were Not Open at Midday end a Recess Taken, but the Law Was Broken. Ad important election decision was banded down by the Supreme Court yesterday in the Siskiyou county case of George A. Tebba vs.

Clarence S. Sml h. By be official canvass of the Supervisors, Smith, a Republican, was deolared elected over Tebbe to the office of County Superintendent of School of Siskiyou at the November election by a plurality of one vote. Tebbe, a Democrat, then began a contest, and in the Judicial oonnt bis vote was increased by three, while there was no charge in tha Smith vote. The Superior Court of Siskiyou county declared Tebbe, the Democrat, to be elected, and an appeal from the judgment was taken.

In the Supreme Court the decision gives a final viotory for Smith, however. Tho opinion is by Justice Henshaw, with a concurring opinion written by Justico McFar-land. The first point of the appeal was that the Superior Court bad erred in receiving ballots, which at one time bad not been tinder official guard for "a minute and a half," but the Supreme Court bolds that as all the evidence goes to show that the ballots bad not been tampered with they must be received. Continuing the opinion Justice Heushaw says: "Nine ballots were received and cons ted by the Court for contestant which were marked with a cross not in the square at the right of his name, but in the marginal pace to the right, thus: 120 George A. Tebbs, Democrat i 1 1 "It is urged agaicst the ruling that the ballots were not marked as required by statute, and that the marks so placed served as marks.

If we should tind a provision in our statute requiring the voter to mark tha cross in the square to the right of the candidate's name, we would feel constrained to adopt the rule and reasoning of the Supreme Court of Indiana, where such a provision exists, construing which tho oourt said: 'If we hold this statute to be directory only and not mandatory, we are left wilb-outa fixsd rule by which the officers of election are to be guided in ooun ling But our statutes con'aln no such mandatory opinion." Justica Itenshaw then reviews the California statute applicable to the case, with tie prescribed methods of preparing the ballots, and then ha says: "It will be noted tbat these seotions make no mention of the square, and that there is not even an express direction to ie erk to place a square opposite tbe tames of ihe candidates. True, the statute contemplates, at least the making of a square, and tbat tho square is tha proper place for the marking of tho cross; but it has not mada the doin of this a prerequisite to the casting of a legal ballot." No error in the Superior Court decision in regard to this matter is found, and the reversal of the Judgment based on the conduct of the election. A ballot from Sawyer's Bar bore the letter written in pencil in ibe ank space left for the insert on of the nam of the Justice of the Peace, and it is void, for though the votar may have intended to writo a r.nme and changed his mind, tbe let er is held to be a distinguishing mark. The voter ould have had a remedy by calling for a now lickot. And then, says Justice Henshaw, who is frequently poetio in his opinions: 1'ho account of tho election at Lako precinct is a Ireeze from A ready." The polls iu this precinct should have opened at 6:31) a.

but there was no op-poriuui 10 vow until 10 o'clock. When the election board went to dinner it took the b.illot box alonir, shutting up the election shop for an hour. The ballot-box was placed on ihe hotel tablo. Ou account of this proceduro the whole Lake precinct vote, which gave twenty for Tebbs and tnir.een for Smith, has been thrown out by the Supreme Court, the loss of the seven majority defoa ing The language cf he opinian is: in this case we are quite willing to believe that the misconduct of the officers of Lisc precinct was promptod by nothing worse than ignorance nr.d lack of appreciation of the rasponsibiiities of their positions, and vre may further say, for such is tho evidence, that no harm is shown to have resulted from their conduct; but looking ta the puriiy of elections end the iu-teprit of ihs ballot-box, we are con- ruined to hold that conduct like this anionr.ts in itself 10 such a failure to observe the substantial requirements of the la as must invalidate the election. "And, while reluctant so tt hold la this Jr.s ar.ee, we aro conSrmod in the opinion by consideration of the fact that any other iiitorprelatljn would add grave perils to the safe conduct of our elections, wbich ars already harassed by dangers enough." BISHOP OF JAPAN.

C'. McKms ttory of Mission Work of the Churches in the Land of the kado. Bishop McKim of tbe American Episco-r al Church in Japan returned yesterday, accompanied by his family. The Bishop has been over 3ftesa years in Japan. He er.ys tho Episcopal Church now has twelve American and thirteen Japanese missions, with 8,000 converts.

"The total number of converts by various churches," he sa "is about 100,000. The Catholics are the strongest, having between 40.000 and 50,000 followers. The Hussian Greek Church comes next with about 17,000, while the Presbyterian have about the same number as the Episcopal Church. The Cor.gregationalists are strong, being 1,200. The Baptists have a few.

"The church represent is well rquir ped with schools and hospitals. It has Su Paul's College at Tokio, furnishing a good college course and a course in theology; a seminary school for girls, twentr-six schools for boys, four hospitals and five McDonough's Application Care for All the Stray Dogs Rejected. to The Society for the Prevention of Cruelty to Animals Not to Be Disturbed. ACONTRACTOR'S LACK OF EXPERIENCE Hugo Goldsmith Given Permission to Transfer His Obligation to Furnisi Supplies for the County Jail. Tbe Health and Police Committee yes terday by unanimous vote decided to recommend to the Board of Supervisors the rejection of P.

McDonough's applica tion to be placed in charge of the Pound. This aotion was In the nature of sl surprise, considering the interest In Mr. McDon ough's favor that has been taken by at least one member of tbe committee. For several years the Pound has been under the control of the Society for the Prevention of Cruelty to Animals, which society erected a building at a considerable expense. At the time of the change Jacob Ltndo was Poundmaster.

His methods aud the actions of his deputies were sources of constant complaint, and when tbe Humane Society offered 10 take hold tha Supervisors consented to turn over everything to it, particularly when tha organization promised to erect new buildings and adopt more humane motbods for destroying dogs and imprisoning stray cattle. McDonougb, who used to be a polioemaa and lately bas been a saloon-keeper, was the first one to come forward with an an- plication to change the management of the Pound. He offered to perform the duties ot the office without any oompensa ion from the city, When asked bow be ex, pected to be remunerated for his trouble, he explained that the fees for impounded animals would furnish a sufftclont revenue. Kather ingenuously be told Vhe committee that be had received most of his information regarding tbe profit be expected to make from Mr. Undo.

Supervisor King enthusiastically sup ported McDonougb. He regarded the proposition as an opportunity for retrench-ment, and called attention 10 the bad con dition of the city's finances, Economy was the burden of bis sqng and he bad nothing to say regarding any objeotions to the present management. It was shown ihat the saving to the city would be extremely slight, and claims wer made that if control was taken away from tbe Humane Sooiety the Pound management would be likely to relapse into the old methods. Yesterday, when the matter came up for' consideration. Supervisor Dlmond said he saw no good reason for a change and moved to reject MoDonough's petition.

When the vote was called for even ng supported Dimond's motion. Secretary Holbrook of tha Humane Society is very muoh pleased at the determination of the committee. "1 was surprised at the unanimity of tha vote," be said, ''in view of the oositioa heretofore taken by Mr. King, but I was not surprised at the result. We did not seriously believe that McDonough's application would be granted, and I am very glad that it was not." Prom Sheriff Whelaa there came a complaint concerning supplies furnished to the County Jail bv Hugo Goldsmith.

Supervisor Benjamin said that tha overalls looked like gunny-sacks, and grass could grow through the blankets. Then Mr. Goldsmith himself appeared and asked to be relieved of his contract. He said he went into the business with no experience and was losing money. The committee could not rescind the contract and told Goldsmith that he must improve the quality of his supplies.

But Goldsmith bad had "sufficient contracting and so he asked permission to assign his obligation to the l'acifio Marine Supply Company. He said he would put up a 20.000 bond that his contract would be carried out. Mr. Groenebaum of the Paoifio Supply Company expressed his willingness to accept he contract, and so Goldsmith was told that If he put up the promised bond his request would be granted. SWEDISH SENATOR.

He Says the Japanese Lost, but 730 Men, and the Scrap with China Was Not War. Senator L. O. Smith, ot Stockholm, member of the Legislature of Sweden, is at the Occidental. He has been on a tour of the world, and has reoently spent much time in Japan.

Senator Smith has visited America before. He is well informed, and speaks English as though It wore his na tive language. The Senator was elected for two terms to the Swedish Legislature, and a term lasts for nine years. The Senator owns large estates in Sweden, and is very wealthy. For a number ot years he has interested in forming oo-operativo as sociations of various kinds for his country men.

Among these were co-operative banks, kltohens, stores and other enterprises. "Tbe assooiations had at one time members," he said. Soma of the enterprises suooeeded and some did not. Tha Swedish people are not very well suited to thess cs-operalive asssoiations. They succeed pretty wall in the larger towns, but not elsewnere.

You see Sweden has a scattered population. It is as big as California and there are only 4,000,000 people in it. "I built the first sugar beet factory tbere. Now we raise very large amount of as fine beets as are grown anywbere, and Sweden makes its own sugar, instsal of importing it. It being so cold there, our season in some places lasts but ssvea waeks, and it takes very quick work to harvest a crop, tbe main one beets being oats.

In Sweden we want free trade, and as we nave no silver mines, we are not favorable to free silver. America and Mexico produoe throe-fourths ot the silver of the world. It wouldn't bs fair to make this product free and the equal of gold la the othor countries. I have spent soma time in Japan trying to learn what I could, as I have elsewhere, ct what might bs male valuable to my country. I fail to aee anything aigaiflcant there to bolster up the opinion of most persons in regard to that empire.

A country where laoor is but 10 cents a day, and where the Government costs 2 yen, or to each person per annum, has not got its affairs adjusted right, I should siy. As for the war, when you consider tbat for tha whole thirteen months it lasted only 730 Japanese were killed, where Is the'eause for calling Japan a great fighting nation I I don't call that war at all," Tne Swedish statesman will spand several days here and then go Eisu Arrest of Patrick Malloy, Whose Record as a Law-Breaker Covers Many Years, Wanted by the Police for Looting the House of John Hogan on the San Bruno Road. SERVED THREE TERMS IN PRISON. The Prisoner Is Said to Be One of the Most Persittent and Dangerous Crim-' Inals on the Pac.fic Coast. One of the most persistent and danger ous criminals with which the local police have had to deal for some time was arrested on Kearny street yesterday by De tective Cody aod is now locked in oue of tbe steel tanks at the City Prison.

The prisoner is Patrick Malloy, alias J. W. Brown. He is wanted for breaking into and robbing tbe resldonce of John Hogan, near the Six-mile House, a few nights ago. Recently Malloy has been seen hanging about tha vicinity of Hogan's house and suspicion immediately fell on him when the burglary was reported at police head quarters.

A circumstance that tended to strengthen this suspicion was the fact that Malloy disappeared from the neighborhood on the night the burglary was committed and, though a vigorous search was instituted, he could not bs found until yester day. Entrance to the house was effected by forcing the lock of a back door. The family was absent at the time, and tbe thief thus hsd an opportunity to thoroughly ransack the place. Clothing, Jewelry and auoh other small articles as couid be con veniently carried away were collected and appropriated. When Malloy was arrested he had In his possession several of the stolen articles, and the deteot'ves are now at work trying to locate the balance, as they ars confident he has not disposod of allot the plunder.

Beyond a dogged doaial of tbe crime, Malloy refuses to talk about the matter or of bis movements or ocoupation since be was last released from the penitentiary. He is a man of more Intelligence and education tban is usually found in one of his class, and be has had sufficient experience wtth omcers oi the law to appreciate the value of silenoe. Before he attained his majority Malloy bad served several short terms in Countv Jails for the commission of petty crimes. Marco. 11, 1887, be was sent to San Quen-tin from Fresno for-a term of six months after being tried and convicted of petit larceny, second offense.

He served his full term and was discharged August 11, 1887. After leaving the penitentiary Malloy came to this oity and managed to elude the police for almost a year. He was finally arrested and charged with' grand laroenv. He was tried and convicted in Department Vi of tho Superior Court and was given a sentence of five years in San Quentin. Ha served his term and was discharged March 12, 1893.

Immediately upon regaining his freedom be "assumed tbe name ot J. W. Brown and returned to his old habits and was soon dedging tbe authorities. He escaped arrest for a time, but was finally taken into custody ip Fresno, where he bad commit ted a burglary. He was tried and convicted and on March 8, 1803.

he was sen tenced to serve a term of two years in Fol- som prison. During the same month he was transferred to San Quentia and thre served out his sentence, receiving his discharge last November. Malloy is a native of California. He is five feet eight inches in heigh', bas black hair, hazel eyes, dark complexion and, when he woms, follows the occupation of teamster. TIMBERS ARE ROTTEN.

Governor Budd Objects to the Swatara and Asks 7 hat the Adams Be Assigned to the Naval Reserve. Governor Budd has pronounced the United States ship Swatara unfit for sea service, and in a long letter lo the Secre tary of the Navy bas asked that tha de partment turn over to the Naval Reserve of California tha United States ship Adams, now undergoing repairs at the Mare Island Navy Yard. The Governor does not want the Swatara, becauae her timbers are decaying. The Adams Is now being repaired at Maro Island, and $20,000 worth of work will be done upon her. before sue is ready for service.

The Governor has said that the ehlr as signed to the Naval Reserve will not be moored to a wharf, but will be anchored in the stream off Mission street and will be the headquarters of the Naval Battalion. The Reserve will have to make an annual cruise of at least thirty dava under the auperviaion of an officer detailed from the navy to superintend their instruction. When such cruises are mads the ship will sail from here to San Diego, where the local company will ba taken on, and then a cruise made to sea. HELLO, JAPAN. A Syndicate With to Extend a Telephone System Throughout the Emp Among tbe arrivals yesterday was Walter Francis Burns of the Standard Telephone Company, New York, who is on his way to Japan to put in a system of telephones throughout tbe empire.

"We have obtained an exclusive franchise for Japan," be said, "and expeot to put a system of long-distance telephones all over the empire. We will begin first in the cities ot Tokio and Yokohama and build a line to connect them and then extend i he lines to other places. "Tbe company is composed mostly of New York men and bas a capital of $6,000,000. In consideration ot the eon-cession we are giving the free use of the telephone service to municipal and Government officers. I will sail from here for Japan on the 23d inst.

A number of men to be employed in constructing tha telephone system have already gone to Japan." TABLET3 TABOOED. Passengets on the Oakland Ferry Beats Refuse to Patronize the Boys Witi Cand Packijes. The traveling public has withdrawn Its patronage, and unless there la a change of sentiment the little packages that "contain a useful present" that the purchaser never found will be thrown no more on women's dresses and men's trousers. The first evidence of an abatement of the nuisance was seen yesterday, when the boys passed through the boat offering their soiled packages without first throwing stirky samples at everybody. Tbe youthful peddlers kept up their constant howl about tbe "native II ustice nensnaw- Decides a Siskiyou Case by the Law of Providence.

A River May Change Its Course, and Man Cannot Go On His Neigh bor's Land to Get It Back, NATURE'S WORK ABOVE HUMAN LAW. California Contributes a Legal Principle in the Decision of a Question That Is New to the Books. The Supreme Court has eontributed something new to the legal world In re versing the deolsioa in tha case of James Wboley vs. Leona J. Caldwell, a Siskiyou county proceeding conoeralng riparian Interests.

Parks creek had for many years flowed over Caldwell'a property, and one branoh of it passed on to the rsnoh of Wholey. In an extraordinary freshet during the winter of 1890 and 1891 tbe bed of tbe creek was changed so that it left the Wholey lands entirely. Wholey then sued for the right to enter the Caldwell possessions and turn back the water-course to the old obannel, pleading a grant of the waters aoonstomed to flow In the ereek branoh." The right was granted to him by the Superior Court Justice Henshaw, the author of the opin ion, admits that the right would ordinarily hold good, but im reversing the decision be says: But here we are oonoerned only with the rights of the lower proprietor, where the ohange In the channel has been caused, not by the act of mas, but by the act of God. Do the rights of tbe riparian proprietor to have the water enter his lands by its accustomed ohannels stand superior to changes wrought in the flow of the stream by the sot of Providence? Has such a proprietor a paramount right over the forces of nature as well as over the acts of men, to insist that water which has once flowed upon bis land shall always flow upon it! 'A somewhat extended examination leads (o the conclusion that the assertion of such a right Is new to jurisprudence. Tbe right finds no recognition by the commentators of the civil or common law, and no case has ever come under our observation In which the question is considered.

'Even Sir Matthew Hale, whose 'De Jure Marls' Is declared by Chancellor Kent to havs exhaused the learning upon the subject, makes no mention ot so im portant a topic. This silence is Itself significant, for it is not easily to be believed tbat if this Important right exists it would not have been announced and asserted In numerous instances. While thus lacking in authority, it is certain that the contention cannot find bet ter support from principle or reason. foundation, of the riparian proprietor's rights rests upon the universally accepted maxim: Aqui eurrtt, et debet currere ut eurrere tnlehal tH fute natib-dt. These rights' thus draw their support front the laws ot nature, but they do not rise' superior to those laws.

When by their operation the flow is lost, the right is lost with it The new channel Itself becomes the natural channel." Justice Henshaw illustrates his prlnolple by saying that if tha stream "had changed its course a railo above the Wholey prop erty the plaintiff could not expeot to out through all the lntorvening land to bring the water back. TIRED OF RATE-CUTTING. Vigorous Methods to Be Adopted by Brown, Craig Co. Will Balk the Cancellation of Their Policies. Insurance man are wearying of the local war of rates and, more than by anyone else, is the feeling of fatigue resented by tbe bead offices In the East and in Europe.

The only way In which the companies can individually check the cutting is by refusing to cut the polioios of others and besot ting with all possible difficulty the re writing of their own policies. Brown, Craig Co. issued a circular yesterday under instructions of the head-offices, which explains the situation and carries out the Instruoiions simultaneously. It is addressed to agents of the American, Phoenix, Pennsylvania and Svea. Tha cir cular is as follows SAN FRANCISCO, July 12, 1895.

Dear Sir: Wishing io nut a siod. so far as lies in tbelr power, to tbe runnlog-amuok prao-tlce by wbiob the old-board companies are attacking nnd slaughtering each other's business instead of allying taemselves together against the mmon enemies, and wishing also to prevent tne taking up ana peddling oi other companies' policies as though tbey were legal tender, oar companies haro uuitod iv inatructed us (snd have directed that these instruoiions bs immediately commiiDioaicd lo an ineir agents in the fislds where the Insurance business and those following it are demoralized) not to permit the taking up by our agents of tbe policies of other companies for the pur pose of rewriting tholir.es at reduced rates; on tbe contrary, to strictly refrain from attack ing or interfering witn the rights and tha business of such oilier companies. Our principals also direct tbat you ana we positively refuse to accept any of our own policies offered for cancellation, or to pay or promise to pay any return premium thereon unless such policy or polioies be offered by the assured in person or by some one not an Insurance agent holding a legal power of attorney duly certified by a Notary Public or other com peient omoer, which power of attorney must be bled with tbe policy. Such attorney must also present for fl.ing an order signed by tbe assured and properly witnessed authorizing you or us to pav over the unearned premium to the person presenting it. tne power or attorney filed, as above direuted, contains such authorisation cleany expressed, then a separate order will be unnecessary.

If any policy be presented for cancellation la any other way you will positively refuse to accept it, and we will guarantee you full exemption from all or any liability by reason of such refusal. Tbe history or insurance anords. we rteusve. no parallel to the reckless, ruinous, senseless and wicked fight wbich has been waged In this Mate and elsewhere apparently by tbe very men hired end piid by the companies to foster and protect their Interests, our oompaojss desire to mark tbeir condemnation of such proceedings and at the same time to proieot themselves una ineir agents ry positively re fusing to permit tbe tdea thst they consent in any way lo tbetr business raided. If tbe bushwhacking fight is to be continued tbey will ask the courts protect their agents Interests and rights against such unworthy and we believe illegal attacks.

THE LICK TRUST. Payment of the Funds as Ordered by Judge Sanderson at the Heir-ing on Thursday. Before Judge Sanderson on Thursday appeared the surviving trustees of the Lick trust, Edwin B. Mastic, Charles M. Plum snd George Schoenwald, their attorneys, W.

C.Belcher and Frank Otis, the California cademy of Sciences represented by W. C..